The purposes of the Floodplain Overlay District are to preserve and protect the streams and other watercourses in the Town and their adjoining lands; to protect the health and safety of persons and property against the hazards of flooding; to preserve and maintain the ground water table for water supply purposes; to protect the community against the detrimental use and development of lands adjoining such watercourses and to conserve the watershed areas of the Town for the health, safety and welfare of the public.

4120 Overlay district.

The Floodplain Overlay District shall be an overlay district; therefore, the requirements of the Floodplain Overlay District shall apply in addition to all other requirements of other districts into which the Town is divided. In all questions of construction, the more limiting requirements in the applicable district shall apply.

4130 Location.

[Amended 4-6-2010 ATM by Art. 20; 5-7-2014 ATM by Art. 40; 5-6-2024 ATM by Art. 31]

The Floodplain Overlay District shall consist of the several areas shown as floodplains on the following described maps or as otherwise described:

Floodplain Boundaries

The Floodplain District is herein established as an overlay district. The district includes all "special flood hazard areas inundated by one-hundred-year flood" within the Town of Sudbury designated as Zones A and AE and "floodway areas in Zone AE" on the Middlesex County Flood Insurance Rate Map (FIRM), issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Middlesex County FIRM that are wholly or partially within the Town of Sudbury are panel numbers 25017C0362F, 25017C0363F, 25017C0364F, 25017C0366F, 25017C0367F, 25017C0368F, 25017C0369F, 25017C0386F, 25017C0388F, 25017C0501F, 25017C0502F, 25017C0506F, 25017C0507F, 25017C0508F and 25017C0509F dated July 7, 2014. 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 Flood Insurance Study booklet dated July 7, 2014. The FIRM and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Inspector, Conservation Commission and Engineering Department.

Floodway Data

In Zones A and AE along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

The areas in the Floodplain Overlay District are hereby deemed to be subject to seasonal or periodic flooding, and the use of land in any such area is hereby declared to be dangerous to the health and safety of occupancy thereof, and each said area shall be known as a "floodplain."

4140 Prohibited uses or activities.

Except as otherwise provided herein, the following uses or activities are prohibited in the Floodplain Overlay District:

4141.

No building, wall, dam or other structure shall be erected, constructed, altered, enlarged or otherwise created or moved for any living or other purpose, provided that tents, fences, wildlife management shelters, footpaths, bicycle paths, horse paths, and footbridges are permitted if (i) they are accessory to lawful primary uses in a single residence district and (ii) they do not affect the natural flow patterns of any watercourse.

4142.

Dumping, filling, excavating or transferring of any material which will reduce the natural floodwater storage capacity or interfere with the natural flow patterns of any watercourse within this district is prohibited.

4143.

Encroachments, including fill, new construction, substantial improvements and other development within any floodway shown on the Middlesex County Flood Insurance Rate Map for the Town of Sudbury Community No. 250217, dated July 7, 2014, prepared by the Federal Emergency Management Agency under the National Flood Insurance Program (on file with the Town Clerk and incorporated herein by reference), which would result in any increase in the 100-year flood level are prohibited, and no special permit shall be issued to allow such encroachments.

[Amended 4-6-2010 ATM by Art. 20; 5-7-2014 ATM by Art. 40]

4150 Permitted uses in Floodplain Overlay District.

The following uses, insofar as permitted in Single Residence Districts, are permitted as a matter of right, subject to the following provisions:

4151.

Conservation of soil, water, plants and wildlife;

4152.

Outdoor recreation, including play and sporting areas, nature study, boating, fishing and hunting where otherwise legally permitted;

4153.

Proper operation and maintenance of dams and other water-control devices, including temporary alteration of the water level for emergency or maintenance purposes, and including removal of any and all flashboards of a privately owned dam in order to lower the water level so as to exclude from being covered by water any land which was not flooded or saturated prior to the erection of the dam;

4154.

Grazing, farming, nurseries, truck gardening and harvesting of crops;

4155.

Forestry;

4156.

Any religious use or any educational use which is religious, sectarian, denominational or public as provided for by MGL c. 40A, § 3;

4157.

Uses accessory to residential or other primary uses, such as flower or vegetable gardens, lawns, pasture or forestry areas.

4160 Uses available by special permit in Floodplain Overlay District.

Upon the issuance of a special permit by the Zoning Board of Appeals, and subject to the conditions hereinafter specified and such other special conditions and safeguards as the Zoning Board of Appeals deems necessary to fulfill the purposes set forth herein, the following uses, structures and actions, as permitted in Single Residence Districts, may be permitted:

4161.

Duck walks and boat landings.

4162.

Appropriate municipal uses such as waterworks, pumping stations and parks;

4163.

Temporary storage of materials or equipment, but in no event to exceed three months;

4164.

Dams, excavations or grading, consistent with the purposes of this section, to create ponds, pools or other changes in watercourses for swimming, fishing or other recreational uses; agricultural uses; scenic features; or drainage improvements;

4165.

Driveways and roads, if alternate means of access are impractical and if the Town Engineer has certified the said driveways and roads if constructed shall not endanger the health, safety and welfare of the public;

4166.

Any other filling, excavating or transferring of any material, or erection, construction, alteration, enlargement, removal or demolition of any structure, upon the condition that with respect to each such action and structure the Zoning Board of Appeals determines that granting a special permit therefor would not result in any risk of pollution or contamination of any waterway or pond, reduction of seasonal high-water storage areas, reduction of groundwater absorption areas which serve the public water supply or other derogation from the intent and purpose of this section.

4170 Special permit procedures.

Prior to issuing a special permit, the applicant shall satisfy the Zoning Board of Appeals that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.

4180 Other requirements.

All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following:

4181.

Massachusetts State Building Code as to floodplain and coastal high hazard areas (currently 780 CMR);

[Amended 5-7-2014 ATM by Art. 40]

4182.

Wetlands Protection Regulations, Department of Environmental Protection, DEP (currently 310 CMR 10.00);

4183.

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

[Amended 5-7-2014 ATM by Art. 40]

4184.

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15.00, Title 5);

4185.

Chapter 283, Wetlands, of the Code of the Town of Sudbury;

Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these local and state regulations.

4210 Purpose.

4211.

The purposes of the Water Resource Protection Overlay Districts (WRPOD) are (a) to promote the health, safety, and general welfare of the community; (b) to protect, preserve and maintain the existing and potential water supply and groundwater recharge areas within the Town; (c) to preserve and protect present and potential sources of water supply for the public health and safety; (d) to conserve the natural resources of the Town; (e) to prevent the pollution of the environment; and (f) to provide for monitoring of groundwater and surface water quality in areas of present and potential water supply sources to accomplish detection of potential contamination at an early stage, thereby minimizing damage to such sources. Review of proposed development by the Town will be performed with the goal of satisfying these purposes and preserving or improving groundwater quality wherever possible.

4212.

Water Resource Protection Overlay Districts are delineated on the basis of the location of aquifers, aquifer contribution zones and aquifer recharge zones, as defined herein, within the Town. It is intended that this bylaw will serve as a framework whereby additional such areas may be identified for mapping and inclusion within the protection of this bylaw.

4220 Overlay district.

The Water Resource Protection Overlay Districts shall be considered as overlaying other zoning districts. These overlay districts shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities or uses which fall within the Water Resource Protection Overlay Districts must comply with the requirements of these districts as well as those of the underlying zoning district. Uses not permitted in the portions of the districts so overlaid shall not be permitted in the Water Resource Protection Overlay Districts.

4221 (Reserved) [1]

[1]

Editor's Note: Original Section 4221 was moved to Article 7000 4-11-2005 ATM by Art. 40.

4230 Location.

[Amended 5-6-2024 ATM by Art. 31]

The Water Resource Protection Overlay Districts consist of wellhead areas (Zone I), aquifer contribution zones (Zone II) and aquifer recharge zones (Zone III) as defined in Section 7110 of this bylaw. The Water Resource Protection Overlay Districts are delineated on a map at a scale of one inch to 1,000 feet entitled: "Map of Water Resource Protection Districts, Town of Sudbury, Massachusetts, February 15, 2001," as amended by Town Meeting. This map is hereby made a part of the Sudbury Zoning Bylaw and is on file in the office of the Town Clerk.

4231.

If the location of any district boundary in relation to a particular parcel(s) is in doubt, resolution of boundary disputes shall be through a special permit application to the special permit granting authority. Any application for a special permit for this purpose shall be accompanied by adequate documentation.

The burden of proof shall be upon the owner(s) of the land to demonstrate that the location of the district boundary with respect to their parcel(s) of land is uncertain. The Town may hire a qualified professional to review any technical analyses or documentation provided by the applicant at the applicant's expense. The Planning Board shall provide the owner with a statement of work performed and the cost thereof when charging an owner hereunder.

For disputes which may arise related to a Zone II boundary, the determination of the location and extent of Zone II shall be in conformance with the criteria set forth in 310 CMR 22.00 and in the DEP's Guidelines and Policies for Public Water Systems. In the case of disputing a Zone II boundary, the special permit granting authority shall not issue approval until DEP issues an official approval of the revised delineation.

4240 Use regulations, Zone II.

Within the Water Resource Protection Overlay District, Zone II, these regulations shall apply, provided that all necessary permits, orders or approvals required by local, state or federal law are also obtained.

4241.

The following uses are permitted within Water Resource Protection Districts, Zone II, subject to Subsection 4242:

Conservation of soil, water, plants and wildlife;

Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;

Footpaths, bicycle and/or horse paths and bridges;

Normal operation and maintenance of existing water bodies and dams, splashboards, and other water-control, supply and conservation devices;

Maintenance, repair and enlargement of any existing structure, provided no more than 15% of the lot in total is rendered impervious. Exceeding this threshold for impervious cover may be allowed by special permit pursuant to Subsection 4243b;

Residential development, if permitted in the underlying district, provided that no more than 15% of a building lot is rendered impervious. Exceeding this threshold for impervious cover may be allowed by special permit pursuant to Subsection 4243b;

Farming, gardening, nursery, conservation, forestry, harvesting, or grazing, provided that agricultural chemicals, including, but not limited to, fertilizers, herbicides, pesticides, manure or other leachable materials, are not stored or used in any manner which may adversely affect the Water Resource Protection Overlay District and provided that such applicable uses are carried out in accordance with a state-approved farm or forestry plan;

Construction, maintenance, repair, and enlargement of drinking water supply facilities, such as, but not limited to, wells, pipelines, aqueducts and tunnels, but excluding underground storage tanks related to such facilities which are categorically not permitted;

Stockpiling of snow containing road salt or other deicing chemicals in accordance with current DEP Snow Removal Guidelines.

4242.

The following uses are specifically prohibited within Water Resource Districts, Zone II:

Solid waste disposal facilities, including, without limitation, authorized or unauthorized landfills as defined in Section 7110 of this bylaw, or those that require a site assignment from the Board of Health under MGL c. 111, § 150A (the landfill assignment law);

[Amended 5-6-2024 ATM by Art. 31]

Storage of hazardous or toxic materials, as defined in Section 7110 of this bylaw, in quantities greater than household use except pursuant to Subsection 4243j;

[Amended 5-6-2024 ATM by Art. 31]

Stockpiling of snow containing road salt or other deicing chemicals that are brought into any particular Zone II from outside that particular aquifer district;

Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate and a special permit has been granted pursuant to Subsection 4243h;

Petroleum, fuel oil, and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas;

Underground storage tanks;

Facilities that generate, treat, store, or dispose of hazardous waste, except where a special permit is granted pursuant to Subsection 4243k;

Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;

Individual on-site sewage disposal systems (in compliance with Title V of the State Environmental Code) shall be prohibited in accordance with the following provisions:

Area	Prohibition
Zone II of Well No. 5 (Route 117 well)	Single- or multifamily residences discharging greater than 550 gpd per 40,000 square feet of lot area^1,2,3
All Zone II Areas	Business, industrial, research or institutional uses discharging more than 1,000 gpd per 40,000 square feet of lot area³

¹	On residentially zoned lots legally in existence as of the original effective date of this bylaw, which contain less than 40,000 square feet of area, the discharge rate of any individual sewage disposal system shall be permitted up to a maximum limit of 550 gallons per day.
²	In cluster subdivisions, the total sewage flow allowed shall be calculated based on the number of percable lots in the entire parcel.
³	Requests to increase the capacity of individual sewage disposal systems and those proposed for undeveloped lots above this limit may be permitted upon a written certification of the Sudbury Board of Health that a valid nitrogen loading analysis approved by the DEP has been completed which demonstrates that the DEP drinking water performance goal for nitrates of 5 mg/L will not be exceeded in any present or proposed public water supply well, in the relevant Water Resource Protection Overlay District, if the capacity of all sewage disposal systems at full build-out in the relevant district were to increase their capacities to the proposed volume.

Permanent removal, or regrading of the existing soil cover, except for excavations for: 1) building foundations; 2) roads or utility works; or 3) the installation of stormwater BMPs subject to approval by any Town board or committee having jurisdiction, which result in a finished grade at a level less than five feet above the historical high groundwater.

The high groundwater elevation may be determined by: 1) direct observation of subsurface conditions in test pits witnessed by a certified soils evaluator using the current Title V criteria; or 2) calculating the average for the preceding five years, as determined from monitoring wells of, and the historical water table fluctuation data compiled by, the United States Geological Survey (USGS) and the Board of Health data and monitoring wells, whichever is higher. Said average shall be adjusted in accordance with accepted monitoring and measurement principles to reflect drought. Groundwater elevations depicted on plans shall be stamped by a Massachusetts registered professional engineer.

ii.

Earth removal or earthmoving shall be subject to the provisions set forth in Section 4260 of this bylaw;

Boat or motor vehicle service or repair shops, animal feedlots, car washes, heliports, commercial or bacteriological laboratories, establishments conducting dry cleaning on the premises;

Commercial establishments for manufacturing electronics or those for plating, finishing, etching or polishing electronics or metals;

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31 and has received a special permit under Subsection 4243l;

Industrial and commercial uses which discharge process wastewater on-site;

The use of septic system cleaners which contain toxic or hazardous materials;

Any floor drainage system in existing facilities, in industrial or commercial process areas or hazardous material and/or hazardous waste storage areas which discharges to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the state plumbing code, 248 CMR 10.00), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies;

[Amended 5-6-2024 ATM by Art. 31]

Any use that will render impervious more than 15% of any lot, or 2,500 square feet, whichever is greater, unless a special permit pursuant to Subsection 4243b has been granted.

4243.

The following uses and activities may be allowed by special permit within the Water Resource Protection Overlay Districts, Zone II, subject to the approval of the special permit granting authority under such conditions as it may require and also subject to Subsection 4242:

Enlargement or alteration of preexisting uses prohibited by Subsection 4242 of this bylaw;

Uses that will render impervious more than 15% of any lot, or 2,500 square feet, whichever is greater, provided it is demonstrated that a net improvement to existing conditions is made with respect to water quality and groundwater recharge. All such uses shall be subject to the stormwater management standards in Section 4280 and the rules and regulations for special permits in the Water Resource Protection Overlay Districts;

The application of fertilizers for nondomestic or nonagricultural uses. Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition, and sedimentation;

Construction of dams or other water-control devices, including the temporary alteration of the water level for emergency or maintenance purposes and periodic cleaning upon demonstration that said dams or other water-control devices will not adversely affect the quantity or quality of water available in the Water Resource Protection Overlay Districts;

Ponds, pools or other changes in water bodies or watercourses created for swimming, fishing or other recreational uses, agricultural uses, or drainage improvements, upon demonstration that said changes, uses or improvements will not adversely affect the quantity or quality of water available in the Water Resource Protection Overlay Districts;

Storage of animal manure, only when such storage is covered and contained within a structure demonstrated to prevent the generation and escape of contaminated runoff and leachate and is carried out in accordance with an approved Natural Resources Conservation Service plan;

Storage of commercial fertilizers, as defined in MGL c. 128, § 64, within a structure demonstrated to prevent the generation and escape of contaminated runoff and leachate;

Storage of road salt or deicing chemicals in quantities greater than for normal individual household use, provided such storage, including loading areas, is within a structure demonstrated to prevent the generation and escape of contaminated runoff and leachate;

Printing or photo-processing operations which demonstrate that no hazardous materials or wastes shall in any way be stored or disposed of in a manner that may be dangerous to groundwater resources;

Storage of hazardous or toxic materials, as defined in Section 7110 of this bylaw, in quantities greater than normal household use, where storage is for or incidental to:

[Amended 5-6-2024 ATM by Art. 31]

Waste oil retention facilities required by statute, rule or regulation;

ii.

Emergency generators required by statute, rule or regulation;

iii.

Treatment works approved under 314 CMR 5.00 for treatment of groundwater or surface waters; or

iv.

Replacement or upgrading of existing storage vessels without increasing the total capacity of the vessels to be replaced or upgraded, providing there is compliance with all local, state and federal laws;

And provided that storage is:

i. Above ground level;

ii. On an impervious surface; and

iii. Either in container(s) or aboveground tank(s) within a building or outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to contain a spill of 110% of the total volume of the single largest container;

Facilities that generate and store hazardous waste for off-site disposal, by the following:

Very-small-quantity generators as defined under 310 CMR 30.00;

ii.

Household hazardous waste collection centers and events under 310 CMR 30.390;

iii.

Waste oil retention facilities required by MGL c. 21, § 52A;

iv.

Water remediation treatment works approved under 314 CMR 5.00;

Storage of sludge and septage which is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

The following treatment works that are subject to 314 CMR 5.00:

The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works;

ii.

The replacement of existing subsurface sewage disposal system(s) with wastewater works that will not result in a design capacity greater than the design capacity of the existing system(s);

iii.

Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater;

iv.

Publicly owned treatment works that meet the wastewater management criteria for siting, design and water quality set forth in the latest version of the Massachusetts Department of Environmental Protection's Interim Guidelines on Reclaimed Water (Revised).

Uses allowed as of right or by special permit in the underlying zoning district which are not listed in Subsection 4241 or 4242.

[Added 5-2-2023 ATM by Art. 38]

4250 Use regulations, Zone III.

Within the Water Resource Protection Overlay Districts, Zone III, these regulations shall apply, provided that all necessary permits, orders or approvals required by local, state or federal law are also obtained:

4251.

The following uses are permitted within Water Resource Protection Districts, Zone III, subject to Subsection 4252:

Conservation of soil, water, plants and wildlife;

Outdoor recreation, nature study, boating, fishing and hunting where otherwise legally permitted;

Footpaths, bicycle and/or horse paths and bridges;

Normal operation and maintenance of existing water bodies and dams, splashboards, and other water control, supply and conservation devices;

Residential development, as permitted in the underlying district;

Farming, gardening, nursery, conservation, forestry, harvesting, or grazing, provided that agricultural chemicals, including, but not limited to, fertilizers, herbicides, pesticides, manure or other leachable materials, are not stored or used in any manner which may adversely affect the Water Resource Protection Districts and provided that such applicable uses are carried out in accordance with a state approved farm or forestry plan;

Construction, maintenance, repair, and enlargement of drinking water supply facilities, such as, but not limited to, wells, pipelines, aqueducts and tunnels, provided that all activity is in compliance with state and federal regulations.

4252.

The following uses are specifically prohibited within Water Resource Protection Overlay Districts, Zone III:

Solid waste disposal facilities, including, without limitation, authorized or unauthorized landfills as defined in 310 CMR 19.006, or those that require a site assignment from the Board of Health under MGL c. 111, § 150A (the Landfill Assignment Law);

Storage of hazardous or toxic materials, as defined in Section 7110 of this bylaw, in quantities greater than household use except pursuant to Subsection 4253h;

[Amended 5-6-2024 ATM by Art. 31]

Manufacturing of hazardous or toxic materials;

Facilities that generate, treat, store, or dispose of hazardous waste, except where a special permit is granted pursuant to Subsection 4253i;

Industrial uses which discharge process liquids on-site;

Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;

Disposal of liquid or leachable wastes, except by individual on-site domestic sewage disposal systems serving single- or multifamily residences or serving business, industrial or institutional uses discharging not more than 1,000 gallons per day per 40,000 square feet of lot area in compliance with Title 5 of the State Environmental Code.[1] Requests to increase the capacity of individual sewage disposal systems and those proposed for undeveloped lots above this limit may be permitted upon a written certification of the Sudbury Board of Health that a valid nitrogen-loading analysis approved by the DEP has been completed which demonstrates that the DEP drinking water performance goal for nitrates of 5 mg/L will not be exceeded in any present or proposed public water supply well, in the relevant Water Resource Protection Overlay District, if the capacity of all sewage disposal systems at full build-out in the relevant districts were to increase their capacities to the proposed volume;

[1]

Editor's Note: See 310 CMR 15.00.

Boat or motor vehicle service or repair shops, animal feed lots, car washes, heliports, commercial or bacteriological laboratories, and establishments conducting dry-cleaning activities on the premises;

Commercial establishments for manufacturing electronics or those for plating, finishing, etching or polishing electronics or metals;

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31 and has received a special permit under Subsection 4253j;

The use of septic system cleaners which contain toxic or hazardous materials;

Any floor drainage system in existing facilities, in industrial or commercial process areas or hazardous material and/or hazardous waste storage areas, which discharge to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the state plumbing code, 248 CMR 10.00), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies;

[Amended 5-6-2024 ATM by Art. 31]

Permanent removal or regrading of the existing soil cover, except for excavations for:

Building foundations;

ii.

Roads or utility works; or

iii.

The installation of stormwater BMPs subject to approval by any Town board or committee having jurisdiction which result in a finished grade at a level less than five feet above the historical high groundwater.

The high groundwater elevation may be determined by:

i. Direct observation of subsurface conditions in test pits witnessed by a certified soils evaluator using current Title 5 criteria; or

ii. Calculating the average for the preceding five years, as determined from monitoring wells of, and the historical water table fluctuation data compiled by, the United States Geological Survey (USGS) and the Board of Health data and monitoring wells, whichever is higher. Said average shall be adjusted in accordance with accepted monitoring and measurement principles to reflect drought. Groundwater elevations depicted on plans shall be stamped by a Massachusetts registered professional engineer.

Earth removal or earthmoving shall be subject to the provisions set forth in Section 4260 of this bylaw.

4253.

The following uses are permitted by special permit within Water Resource Protection Overlay Districts, Zone III, subject to the approval of the special permit granting authority under such conditions as they may require and also subject to Subsection 4252.

Enlargement or alteration of preexisting uses prohibited by Subsection 4252 of this bylaw;

Ponds, pools or other changes in water bodies or watercourses created for swimming, fishing or other recreational uses, agricultural uses, or drainage improvements upon demonstration that said changes, uses or improvements will not adversely affect the quantity or quality of water available in the Water Resource Protection Overlay District;

Storage of commercial fertilizers, as defined in MGL c. 128, § 64, provided such storage is within a structure demonstrated to prevent the generation and escape of contaminated runoff and leachate;

Storage of road salt or other deicing chemicals in quantities greater than for normal individual household use, provided such storage, including loading areas, is within a structure demonstrated to prevent the generation and escape of contaminated runoff and leachate;

Storage of hazardous or toxic materials, as defined in Section 7110 of this bylaw, where storage is for or incidental to:

[Amended 5-6-2024 ATM by Art. 31]

Waste oil retention facilities required by statute, rule or regulation;

ii.

Emergency generators required by statute, rule or regulation;

iii.

Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters; or

iv.

And provided that storage is:

i. Above ground level;

ii. On an impervious surface; and

Facilities that generate and store hazardous waste for off-site disposal, by the following:

Very small quantity generators as defined under 310 CMR 30.00;

ii.

Household hazardous waste collection centers and events under 310 CMR 30.390;

iii.

Waste oil retention facilities required by MGL c. 21, § 52A;

iv.

Water remediation treatment works approved under 314 CMR 5.00;

Storage of sludge and septage, which is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

Uses allowed as of right or by special permit in the underlying zoning district which are not listed in Subsection 4251 or 4252.

[Added 5-2-2023 ATM by Art. 38]

4260 Earth removal or earthmoving in Water Resource Protection Overlay District: procedures and conditions.

No special permit involving excavation shall be issued or renewed under this Section 4200 until the applicant has submitted to the special permit granting authority a plan showing existing grades in the area from which material is to be removed, together with a plan showing the grades as they will be at the conclusion of the operation. The grading plans must indicate maximum groundwater elevation throughout the entire area proposed to be excavated. Maximum groundwater elevation shall be determined by means of monitoring wells, test pits and soil borings during the months of March, April or May. Such tests shall be conducted by a Massachusetts registered professional engineer at the expense of the applicant and shall be observed by a representative of the special permit granting authority or its designee. Test results shall be submitted to the special permit granting authority. The plan showing the grades at the conclusion of the operation shall show no grades in excess of one foot of vertical rise in two feet of horizontal distance; 4:1 slopes are preferred.

4261.

Conditions. Special permits granted under this Section 4200 involving excavation must be made subject to the following conditions, said conditions to be written in the permit and made a part thereof:

That proper and reasonable surface drainage of the land shall be provided during and after construction and that all drainage provisions shall comply with the requirements of the rules and regulations for special permits in Water Resource Protection Overlay Districts;

That areas that have been compacted by heavy machinery shall be scarified to a depth of at least 12 inches before topsoil is replaced;

That at the conclusion of the excavation operations, or of any substantial portion thereof, the whole area where excavation has taken place be covered with not less than six inches of topsoil and seeded with a suitable cover crop, except where ledge rock is exposed, and that all large stones and boulders which protrude above the finished grade are to be removed or buried, if required by the special permit granting authority;

That activities ancillary to the excavation, including, but not limited to, equipment and vehicle maintenance and storage of lubricants, fuels, solvents and other chemicals associated with earth removal operations will be prohibited in Zone II;

That the applicant post a bond with the Treasurer-Collector of the Town in an amount determined by the special permit granting authority as sufficient to guarantee conformity with the provisions or conditions of the permit, the amount of the bond to be not less than $5,000 per acre of land from which earth is to be removed, if required by the special permit granting authority;

[Amended 5-6-2024 ATM by Art. 31]

Any fill material used in the Water Resource Protection Overlay Districts shall contain no solid waste, toxic or hazardous materials, or hazardous waste. Adequate documentation shall be provided to the special permit granting authority to guarantee the chemical quality of the fill. The special permit granting authority may require testing by a certified laboratory at the applicant's expense.

4270 Special permit procedures.

[Amended 5-6-2024 ATM by Art. 31]

The special permit granting authority under Section 4200 shall be the Planning Board. Such special permit shall only be granted if the special permit granting authority determines that the intent of this bylaw as well as each of its specific criteria are fully met. In making such determination, the special permit granting authority shall give consideration to the demonstrated reliability and feasibility of the use and pollution control measures proposed and the degree of threat to water quantity and quality which would result if the control measures perform at less than design efficiency. The special permit granting authority may impose such conditions, safeguards and limitations as it deems appropriate. The special permit granting authority shall document the basis for any departures from the recommendations of the other Town boards or agencies in its decision.

4271.

Technical assistance. To assist its review of applications for special permits, the special permit granting authority may engage a professional geologist, hydrologist, soil scientist, or Massachusetts engineer or other such consultant experienced in groundwater evaluation or hydrogeology or wastewater or toxic and hazardous waste to review the application for completeness and accuracy and shall charge the applicant for the cost of such review.

4272.

(Reserved)

4273.

Application contents. All applications shall comply in full with the requirements of MGL c. 40A, § 9, and the rules and regulations for special permits in the Water Resource Protection Overlay Districts unless the said authority exercises its right to waive any of the requirements therein.

4274.

Review by other Town boards or agencies. Upon receipt of the special permit application, the special permit granting authority shall transmit forthwith a copy of the application and plan to the Sudbury Water District, Board of Health, Conservation Commission, Town Engineer, and such other boards, departments or committees as it may deem necessary or appropriate, for their written reports. Any such board or agency to which petitions are referred shall make recommendations or submit such reports as it deems appropriate and shall send a copy thereof to the special permit granting authority and to the applicant within 35 days of receipt of the application by such board or agency. Failure of such board or agency to make a written recommendation or submit a written report with 35 days of receipt of the application shall be deemed a lack of opposition.

4275.

Special permit criteria. After notice and public hearing, and after due consideration of the reports and recommendations of the other Town boards or agencies, the special permit granting authority may grant such a special permit, provided that it finds that the proposed use:

Will in no way, during construction or any time thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Water Resource Protection Overlay Districts;

Will not cause the groundwater quality to fall below the standards established in 314 CMR 6.00[1] Massachusetts Groundwater Quality Standards or, for parameters where no standards exist, below standards established by the Board of Health and, where existing groundwater quality is already below those standards, upon determination that the proposed activity will result in no further degradation;

[1]

Editor's Note: So in original.

Is in harmony with the purpose and intent of the bylaw and will promote the purposes of the Water Resource Protection Overlay Districts;

Is appropriate to the natural topography, soils and other characteristics of the site to be developed and is designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed;

Will not, during construction or thereafter, have an adverse environmental impact on any water body or watercourse in the district; and

Will not adversely affect an existing or potential water supply.

4280 Stormwater management.

4281.

All runoff generated on the site shall be managed on-site in a manner demonstrated to assure full protection of the water quality in the Water Resource Protection Overlay Districts and the health, safety and welfare of residents of Sudbury. The special permit granting authority may permit off-site disposal of said runoff if it is determined that either on-site recharge is infeasible because of site conditions or is undesirable because of risks to water quality from such recharge. All runoff generated on-site shall be treated prior to recharge or discharge in accordance with the guidelines set forth in the rules and regulations for special permits in the Water Resource Protection Overlay Districts and in accordance with the NPDES Phase II general permit if the runoff is piped into a municipal system.

4282.

Applicants shall integrate stormwater management practices into landscaping plans to the greatest extent practicable to provide surface pretreatment of stormwater through swales and bioretention facilities.

4290 Other provisions.

4291.

Violations and enforcement. Written notice of any violation of this Section 4200 shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a 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 violation and preventive measures for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Planning Board, Board of Health, Conservation Commission, Town Engineer and Sudbury Water District. The cost of containment, cleanup or other action of compliance shall be borne by the owner and operator of the premises. The owner and operator of any property for which a special permit has been issued hereunder shall notify the Building Inspector and the Board of Health of any known violation of the terms and conditions of such special permit. Such notification shall be given immediately (within 48 hours) after knowledge thereof, in person or by telephone, and shall be followed within two weeks by written notice specifying the details of the violation. The owner and operator shall take all appropriate remedial action to cure such violation. Failure of the owner and operator to report a violation in a timely manner, or failure to take appropriate remedial action, or failure to otherwise comply with the terms and conditions of a special permit, or the requirements of the Board of Health or the Building Inspector shall be sufficient grounds for revocation of the special permit.

4292.

Rules and regulations. The special permit granting authority may adopt, and from time to time amend, rules and regulations consistent with the provisions of this bylaw and MGL c. 40A and other provisions of the General Laws, and shall file a copy of said rules and regulations with the Town Clerk.

4293.

Severability. The invalidity of any portion or provision of this Section 4200, regarding Water Resource Protection Overlay Districts, shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.

4310 Purpose.

The purpose of this section is to establish districts within Sudbury in which wireless services may be provided with minimal harm to the public health, safety and general welfare of the inhabitants of Sudbury; and to regulate the installation of such facilities by 1) minimizing visual impact, 2) avoiding potential damage to adjacent properties, 3) by maximizing the use of existing towers and buildings, 4) by concealing new equipment to accommodate the needs of wireless communication in order to reduce the number of towers needed to serve the community and 5) promoting shared use of existing facilities.

4320 Overlay district.

Wireless services (including antennas, transceivers, towers, equipment buildings and accessory structures, if any) may be erected in a Wireless Services Overlay District subject to site plan approval pursuant to Section 6300 of the Zoning Bylaw, as may be amended, and upon the issuance of a special permit by the Zoning Board of Appeals pursuant to Section 6200 of the Zoning Bylaw. The Wireless Services District shall be constructed as an overlay district with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.

4330 Location.

The Wireless Services Overlay District shall consist of the following parcels of land:

4331.

Sudbury Landfill property, Assessor's Map No. K12, Parcel 002.

4332.

Former Melone property, Assessor's Map No. C12, parcel 100.

4333.

Sudbury Water District Borrow Pit, North Road, Assessor's Map No. C12, Parcel 004.

4334.

Raymond Road well field area, including Feeley Park and surrounding Town and Water District land, Assessor's Map Nos. L08, Parcels 001, 002, 008, 009, 010, 012 and M08, Parcel 021.

4335.

Highway Department property, Old Lancaster Road, Assessor's Map No. H08, Parcel 049.

4336.

All property and buildings owned by the Town of Sudbury, exclusive of school buildings, school properties and cemeteries.

Also included in the overlay district are all properties within Business, Limited Business, Village Business, Industrial, Limited Industrial, Industrial Park and Research Districts.

4340 Uses available as of right.

The following are allowed as-of-right in the overlay district, or elsewhere as specified, subject to Section 4360 and site plan review under Section 6300 of the Zoning Bylaw.

4341.

All interior-mounted wireless communications equipment is allowed in any zoning district in the Town. In residential districts, interior-mounted wireless communication equipment shall be permitted only in steeples, bell towers, cupolas and spires of nonresidential buildings or structures, or in agricultural buildings.

4342.

Roof-mounted wireless communications equipment is allowed in the overlay district if it meets the following conditions:

Height of Building	Max. Height of Equipment Above the Highest Point of the Roof	Required Setback From Edge of Roof or Building
More than 36 feet	12 feet above roof	1/2 foot for every foot of equipment height, including antenna
10-36 feet	10 feet above roof	1 foot for every foot of equipment height, including antenna

If there is a parapet on any building or structure which does not exceed 36 feet in height and if the roof-mounted wireless communication equipment will be transmitting or receiving in the direction of that parapet, the required setback from the edge or edges of the roof of the building at or beyond the parapet shall be reduced by the height of such parapet. The height of a parapet shall not be used to calculate the permissible maximum height of roof-mounted wireless communication equipment. For the purposes of this section, a "parapet" is that part of any wall entirely above the roofline.

4343.

Facade-mounted equipment within the overlay district which a) does not extend above the face of any wall or exterior surface in the case of structures that do not have walls, b) does not extend by more than 18 inches out from the face of the building or structure to which it is attached, and c) does not obscure any window or other architectural feature.

4344.

Small transceiver sites which utilize technology that does not require the construction of an equipment building, shelter, cabinet or tower (micro-cells), and have a total power input to the antenna of 20 watts or less, in any zoning district.

4345.

Changes in the capacity or operation of a wireless service facility which has previously received a special permit under this bylaw, limited to an increase or decrease in the number of antennas, cells, panels, equipment buildings or cabinets or the number of service providers (co-locators), shall be permitted, subject to minor site plan review under Section 6370 of the Zoning Bylaw and authorization from the lessor of the property.

[Amended 5-4-2016 ATM by Art. 21]

4350 Uses available by special permit.

Freestanding monopoles meeting the following criteria may be authorized by special permit. Any special permit granted under this section shall expire in five years from the date of issuance. Continued operation of such facility shall be subject to application for and renewal of the special permit by the Zoning Board of Appeals.

4351.

Freestanding monopoles shall be allowed only on those parcels in the overlay district which are listed in Subsections 4331 to 4336 herein.

[Amended 5-4-2011 ATM by Art. 21]

4352.

Freestanding monopoles shall be no higher than 100 feet.

4353.

The setback for a freestanding monopole shall be at least 125 feet from the property line.

4354.

Co-location of wireless communication equipment on existing towers and buildings is encouraged. The applicant for a monopole shall demonstrate that the communication equipment planned for the proposed structure cannot be accommodated on an existing or approved tower or structure or building within a one-half mile search radius of a proposed monopole for one or more structural, technical, economic or other reasons as documented by a qualified engineer or other qualified professional, including, but not limited to the following.

No such tower or building exists.

The structural capacity of the existing tower or structure is inadequate and cannot be modified at a reasonable cost or the proposed equipment will interfere with the usability of existing equipment.

The owner of an appropriate building or structure has effectively denied permission to co-locate by unreasonable delay or commercially unreasonable terms or conditions.

The height of existing tower or structure in not adequate to permit the proposed equipment to function.

4355.

Every new monopole or tower shall be automatically subject to the condition that the permit holder must allow co-location upon the structure by other wireless communication providers upon commercially reasonable terms and conditions and without unreasonable delay, if such co-location is technically feasible. It is expressly provided that any requirement imposed by a permit holder which requires the payment of rent in excess of industry standards or which allows the co-location only if the requesting party provides comparable space on one of its structures to the permit holder shall be deemed commercially unreasonable.

4360 Facility and site design criteria.

4361.

All wireless communication equipment shall be sited, screened and/or painted or otherwise colored or finished to blend in with the building or structure on which it is mounted, or in a manner which aesthetically minimizes the visibility of the devices in the surrounding landscape or on the building or structure to which they are attached. In certain circumstances, additional architectural features or changes to the facade may be necessary to maintain the balance and integrity of the design of the building or structure with building-mounted wireless communication equipment.

4362.

Equipment boxes or shelters for wireless communication equipment must either be interior to the building on which it is located, completely camouflaged, and/or completely screened from view from the public way.

4363.

(Reserved)[1]

[1]

Editor's Note: Original Section 4363 was repealed 5-5-2011 ATM by Art. 21.

4364.

Existing on-site vegetation shall be preserved to the maximum extent practicable. Major topographical changes shall be avoided.

4365.

Traffic associated with the facilities and structures shall not adversely affect abutting ways. No part of any building-mounted wireless communication equipment shall be located over a public way. There shall be a minimum of one parking space for each facility, to be used in connection with the maintenance of the facility and the site, and not to be used for the permanent storage of vehicles.

4366.

There shall be no signs, except for announcement signs, no-trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis.

4367.

Night-lighting of the facilities shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies and/or as required by the FAA.

4368.

Applicants proposing to erect wireless communications facilities and structures on municipal properties shall provide evidence of contractual authorization from the Town of Sudbury or the Sudbury Water District to conduct wireless communications services on said property.

4369.

All unused facilities or parts thereof or accessory facilities and structures which have not been used for two years shall be dismantled and removed at the owner's expense. A bond in an amount which shall not be less than the estimated cost to dismantle and remove the wireless communication facility, plus 25%, shall be required to be furnished to the Town prior to construction of the facility.

4370 Submittal requirements.

As part of any application for a special permit under this Section 4300, applicants shall submit, at a minimum, the applicable information required for site plan approval, as set forth herein at Section 6300, as may be amended, and the following additional information:

4371.

A color rendition of the proposed facility with its antenna and/or panels at the proposed location is required. One or more renditions shall also be prepared, illustrating the visual effects of the facility from prominent areas and adjacent public roadways.

[Amended 5-5-2011 ATM by Art. 21]

4372.

The following information prepared by one or more professional engineers:

A description of the facility and the technical, economic and other reasons for the proposed location, height and design.

Confirmation that the facility complies with all applicable federal and state standards.

A description of the capacity of the facility, including the number and type of panels, antenna and/or transmitter receivers that it can accommodate and the basis for these calculations.

4373.

If applicable, a written statement that the proposed facility complies with or is exempt from applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.

4374.

A general description of the build-out plan of other wireless communications facilities that the provider plans to install in Sudbury within the next five years, including locations, approximate tower height, the capacity of the facility and the proposed compensation to the Town or Water District.

4375.

Balloon test. Within 35 days of submitting an application, the applicant shall arrange to fly, or raise upon a temporary mast, a three-foot-diameter, brightly colored balloon at the maximum height of the proposed facility. The dates (including a second date, in case of poor visibility on the initial date), times, and location of this balloon test shall be advertised, by the applicant, at least seven days in advance of the first test date in a newspaper with a general circulation in the Town of Sudbury. The applicant shall inform the Zoning Board of Appeals, in writing, of the times of the test at least 14 days in advance. The balloon shall be flown for at least four consecutive hours between the hours of 8:00 a.m. and 6:00 p.m. on the dates chosen, which shall be on a weekend.

4380 Exemptions.

The following types of uses are exempt from this Section 4300:

4381.

Towers, satellite dishes or antennas for noncommercial use are regulated under Subsection 2632 of the Zoning Bylaw.

4382.

Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that the tower operator is not licensed to conduct commercial business on a daily basis from that facility.

4390 Select Board authority to lease Town-owned sites.

The Select Board may lease Town-owned property to facilitate the purposes of this bylaw.

4410 Purpose.

The Open Space District is intended for the preservation and maintenance of the groundwater table upon which the inhabitants of the Town and other municipalities depend for water supply; for protection of the public health and safety of persons and property against the hazards of flood water inundation; for the protection of the community against the costs which may be incurred when unsuitable development occurs in swamps, marshes, along watercourses, or in areas subject to floods; to preserve and increase the amenities of the Town; and to conserve natural conditions, wildlife and open spaces for the education, recreation and general welfare of the public.

4420 Permitted uses within Open Space District.

The following uses are permitted within the Open Space District:

4421.

Conservation of soil, water, plants and wildlife;

4422.

Recreation, including nature study, boating and fishing, where otherwise legally permitted;

4423.

Grazing and farming, including truck gardening and harvesting and storage of crops;

4424.

Forestry;

4425.

Proper operation and maintenance of dams and other water-control devices, including temporary alteration of the water level for emergency or maintenance purposes. An owner of a private dam may lower the water level to a point not below what was flooded prior to the erection of the dam;

4426.

Any religious use or any educational use which is religious, sectarian, denominational or public as provided for by MGL c. 40A.

4430 Uses permitted by special permit within Open Space District.

Upon the issuance of a special permit by the Zoning Board of Appeals, and subject to such other special conditions and safeguards as the Zoning Board of Appeals deems necessary to fulfill the purposes set forth herein, the following uses, structures and actions are permitted:

4431.

Boa houses, duck walks, landings and small structures for noncommercial recreational uses;

4432.

Municipal uses such as water works, pumping stations and parks;

4433.

Temporary storage of materials or equipment but in no event to exceed three months;

4434.

Dams, excavations or grading, consistent with the purposes of this Section 4400, to create ponds, pools or other changes in watercourses, for swimming, fishing or other recreational uses, agricultural uses, scenic features, or drainage improvements.

4440 Restrictions.

Except as provided above, there shall be in the Open Space District:

4441.

No landfilling or dumping in any part of the district;

4442.

No building or structure, except as provided herein;

4443.

No permanent storage of materials or equipment;

4610 Purpose.

To provide for the placement of medical marijuana treatment centers, in accordance with the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1 et seq., in locations suitable for lawful medical marijuana facilities and to minimize adverse impacts of medical marijuana treatment centers on adjacent properties, residential neighborhoods, schools, playgrounds and other locations where minors congregate by regulating the siting, design, placement, security, and removal of medical marijuana treatment centers.

4620 General regulations.

Medical marijuana treatment centers may be permitted in the Industrial District 2 (ID-2), Industrial District 4 (ID-4), Industrial District 6 (ID-6) and Limited Industrial District 1 (LID-1) pursuant to a special permit issued by the Planning Board.

4621.

Location. Medical marijuana treatment centers may not be located within 500 feet of the following protected uses which are lawfully existing at the time of application for a special permit under this Section 4600:

Schools, including a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university;

Licensed child-care facilities;

Public libraries;

Public playgrounds and public parks;

Public or private youth centers, recreational fields or recreational facilities;

Public swimming pools; or

Similar facilities which provide services exclusively or predominantly to minors (dance studio, tutoring establishments, etc.), but not including restaurants, retail establishments or other commercial uses which are frequented by the general public, as identified by the Planning Board.

4622.

The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses identified in this section to the nearest point of the property line of the proposed medical marijuana treatment center.

4623.

Location waiver. The distance requirement may be reduced by up to 25%, but only if:

The applicant demonstrates that the medical marijuana treatment center would otherwise be effectively prohibited within the municipality;

The applicant demonstrates that the medical marijuana treatment center will employ adequate security measures to prevent diversion of medical marijuana to minors who are not qualifying patients pursuant to 935 CMR 500 et seq.

[Amended 5-6-2024 ATM by Art. 31]

4624.

Other restrictions.

No medical marijuana treatment center may remain open for business past 9:00 p.m.

There shall be no use of products or sampling of products at a medical marijuana treatment center.

No marijuana or marijuana-based product shall be made, sold, grown or cultivated, interior or exterior, of a residential dwelling unit. Sale, processing, growing and related cultivation activities shall occur only in districts as permitted in this bylaw, except as allowed under Massachusetts law.

4630 Procedure.

4631.

Application. In submitting an application to the Planning Board, the applicant shall include:

A copy of its registration as a medical marijuana treatment center from the Massachusetts Department of Public Health (DPH);

Detailed floor plan of the premises of the proposed medical marijuana treatment center that identifies the square footage available and describes the functional areas of the medical marijuana treatment center, including areas for cultivating, any preparation or processing of products and retail sales area;

Detailed site plans that include the following information:

Compliance with the requirements for parking and loading spaces calculated separately for each area of use identified in the floor plans;

ii.

Compliance with all dimensional requirements of Section 2600, and all other provisions of this bylaw;

iii.

Design and appearance of proposed buildings, structures, signs, screening and landscaping; and

iv.

Compliance with the special permit criteria set forth in Section 6220 of the Zoning Bylaw.

A description of the security measures, including employee security policies, approved by DPH for the medical marijuana treatment center;

A copy of the emergency procedures approved by DPH for the medical marijuana treatment center;

A copy of the policies and procedures for patient or personal caregiver home-delivery approved by DPH for the medical marijuana treatment center;

A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between medical marijuana treatment centers approved by DPH;

A copy of proposed waste disposal procedures; and

A description of any waivers from DPH regulations issued for the medical marijuana treatment center.

4632.

The Planning Board shall refer copies of the application to the Select Board, Town Counsel, Building Department, Fire Department, Police Department, Board of Health, Conservation Commission, Town Engineer and any other boards, departments or committees as it may deem necessary or appropriate. The Boards/Departments shall review the application and shall submit their written recommendations. Failure to make recommendations within 35 days of referral of the application shall be deemed lack of opposition.

4633.

After notice and public hearing and consideration of application materials, consultant reviews, public comments, and the recommendations of other Town boards and departments, the Planning Board may act upon such a permit.

4640 Special permit conditions on medical marijuana treatment centers.

The Planning Board shall impose conditions reasonably appropriate to improve site design, traffic flow, protect groundwater and surface water quality, air quality, and significant environmental resources, ensure public safety and otherwise serve the purpose of this section. In addition to any specific conditions applicable to the applicant's medical marijuana treatment center, the Planning Board shall include the following conditions in any special permit granted under this bylaw:

4641.

Hours of operation, including dispatch of home deliveries;

4642.

The permit holder shall file a copy of any incident report required under 935 CMR 501.110 with the Zoning Enforcement Officer and the Sudbury Police Department within 24 hours of creation by the medical marijuana treatment center. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations;

[Amended 5-6-2024 ATM by Art. 31]

4643.

The permit holder shall file a copy of any summary cease and desist order, cease and desist order, quarantine order, summary suspension order, order limiting sales, notice of a hearing, or final action issued by DPH or the Division of Administrative Law Appeals, as applicable, regarding the medical marijuana treatment center with the Zoning Enforcement Officer and Sudbury Police Department within 48 hours of receipt by the medical marijuana treatment center.

4644.

The permit holder shall provide to the Zoning Enforcement Officer and Sudbury Police Department, the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.

4645.

The special permit shall terminate within five years of its issuance. If the permit holder wishes to renew the special permit, an application to renew the special permit must be submitted at least 120 days prior to the expiration of the special permit.

4646.

The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the medical marijuana treatment center.

4647.

The special permit shall lapse upon the expiration or termination of the applicant's registration by DPH.

4648.

The permit holder shall notify the Zoning Enforcement Officer and Planning Board in writing within 48 hours of the cessation of operation of the medical marijuana treatment center or the expiration or termination of the permit holder's registration with DPH.

4650 Exemption from medical marijuana treatment center special permit requirement.

Medical marijuana treatment centers that demonstrate that they are protected pursuant to the agricultural exemption under MGL c. 40A, § 3, are not required to obtain a special permit, but shall obtain site plan approval pursuant to Section 6300 of the Zoning Bylaw.

4660 Prohibition against nuisances.

No medical marijuana treatment center shall be permitted to create a nuisance to abutters or to the surrounding area, or create any hazard, including but not limited to fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.

4670 Severability.

The provisions of this Section 4600 are severable. If any provision, paragraph, sentence, or clause of this Section 4600 or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Section 4600.

4710 Purpose.

The purpose of the Mixed-Use Overlay District (MUOD) is to (a) encourage redevelopment along the Route 20/Boston Post Road/Union Avenue commercial corridor that exhibits a blend of complementary land uses, thereby promoting an active streetscape, enhancing the vitality of businesses, and spurring the revitalization of underutilized commercial properties which build the Town's commercial tax base; (b) establish a set of development controls that allows for greater flexibility and development alternatives and promotes creative, efficient, and appropriate solutions for the redevelopment of complex sites; (c) improve the aesthetic character of the Route 20 commercial corridor and its surroundings and encourage efficient and organized layout of buildings, circulation and open spaces; (d) diversify and expand the Town's economy and local job opportunities through economic activity and private investment in commercial and residential uses; and (e) implement many of the goals for the Route 20 commercial corridor proffered by numerous planning studies, including The Sustainable Sudbury Master Plan (2001), A Community Vision for the Old Post Road (2002); The Sudbury Route 20 Zoning Project (2012), and Route 20 Corridor: Urban Design Studies and Zoning Evaluations (2015).

4720 Overlay district.

4721.

The MUOD is hereby established as an overlay district superimposed over, rather than replacing, the applicable underlying zoning district(s). Notwithstanding anything to the contrary in this Zoning Bylaw, for any land subject to Section 4700, a proponent may choose to have its project conform to either, but not both, of the controls and processes which govern the underlying zoning district(s) or to all of the controls and processes contained in Section 4700. Except as explicitly provided elsewhere in Section 4700, the provisions and requirements of other applicable zoning districts, and any rules, regulations, approval processes and/or design or performance standards contained elsewhere in this Zoning Bylaw shall not apply to any project developed pursuant to Section 4700.

4722.

The Mixed-Use Overlay District shall consist of the following parcels of land: 526 and 528 Boston Post Road, Assessor Map K07, Parcels 0011 and 0013.

4723.

The MUOD boundary shall not be extended to other parcels unless approved at Town Meeting by an amendment to this Zoning Bylaw and the Zoning Map, and only to the extent such other parcel(s) are wholly or partially located within a Business, Limited Business, Village Business, Industrial, Limited Industrial, or Industrial Park Districts, and have frontage on either Boston Post Road, Union Avenue, or Station Road.

4730 Definitions.

As used in Section 4700, the following terms shall be defined:

MASTER DEVELOPMENT PLAN

A master development plan approved at Town Meeting in accordance with Section 4700.

MUOD PROJECT

A project that is depicted on a master development plan.

MUOD PROJECT AREA

The geographic area for a project delineated on a master development plan.

PROPONENT

The applicant or developer of a proposed MUOD project or any phase or portion thereof.

RULES AND REGULATIONS

The rules and regulations adopted by the Planning Board for the administration of Section 4700.

4740 Master development plan.

A project developed pursuant to Section 4700 must have a Master Development Plan adopted by a two-thirds vote of a Town Meeting in accordance with the procedures for adoption or change of zoning ordinances or bylaws set forth in MGL c. 40A, § 5.

4741.

Master development plan requirements. At least 60 days prior to the close of the warrant for the Town Meeting at which approval of a master development plan is sought, the proponent of the MUOD project shall file with the Planning Board a package of master development plan materials that includes, at minimum, the following information:

A plan of existing conditions, showing the area of land proposed to be developed under Section 4700, including topography at two-foot contour intervals and the location of existing roadways, buildings, and other site improvements;

A map showing the general condition and topography, at two-foot contour intervals, of the land and improvements located within 200 feet of the MUOD project area, based on available Town geographic information system (GIS) data;

A scalable development plan of the MUOD project, showing:

Location and areas of proposed development, including building envelopes, approximate sizes of all buildings, parking areas, areas proposed for stormwater and wastewater facilities, and other proposed site improvements;

ii.

Proposed open space areas;

iii.

Location and width of the proposed roads and ways (including private ways and driveways);

iv.

Proposed setbacks of buildings to exterior property lines;

Proposed preliminary subdivision plan of land, if applicable.

A table showing the following information:

Total land area of the MUOD project area;

ii.

Total land area of each development or use area by acreage and percent of total lot area;

iii.

Total unit count for residential uses;

iv.

Parking schedule for each proposed use;

For each development or use area, the following pre- and post-development calculations shall be provided by percent of total proposed lot area and percent of the development/use area: total building square footage and building coverage; total impervious surface area; total open space area;

vi.

The MUOD project's conformance with the dimensional requirements contained in Section 4780;

vii.

The underlying zoning of the MUOD project area.

Elevations showing the planned architectural approach for the proposed structures;

Accompanying technical reports and studies, consisting of a (i) preliminary stormwater and drainage report, (ii) preliminary wastewater management system report (iii) traffic study, (iv) utilities and infrastructure report, (v) fiscal impact report, and a (vi) draft construction management/phasing plan;

Certified list of abutters within 300 feet of the MUOD project area;

Such other materials as may be required by the rules and regulations adopted pursuant to Subsection 4764.

4742.

Conformance recommendation. A master development plan for an MUOD project shall receive a conformance recommendation from the Planning Board as a prerequisite to Town Meeting consideration and approval. By super-majority vote of the Planning Board, and after a public hearing has been held with noticing requirements as required in MGL c. 40A, § 5, the Planning Board shall recommend consideration and approval of the master development plan at Town Meeting if it finds that the final plans and materials (i) materially conform to the approved master development plan standards and requirements set forth in Section 4700, and (ii) promote the purposes of the Zoning Bylaw as noted in Section 4710. No vote to approve an MUOD project shall be taken by Town Meeting until a report setting forth the Planning Board's conformance recommendation has been submitted to Town Meeting. Considering the preliminary nature of a master development plan, the Planning Board's conformance recommendation may include reasonable conditions, limitations, and safeguards concerning adequacy of (i) utilities, wastewater disposal, and stormwater drainage, (ii) pedestrian accommodations and traffic improvements, (iii) parking and circulation, (iv) fire and service equipment access, (v) lighting and noise protections, and (vi) general massing and architecture. Approval of the master development plan at Town Meeting shall serve to ratify the Planning Board's conformance recommendation and any conditions, limitations, and safeguards contained therein.

4750 Modifications to approved master development plan.

Following approval at Town Meeting of a master development plan for an MUOD project, modifications to such master development plan may be made as follows:

4751.

Minor modification. The Planning Board may, in its discretion, approve minor modifications to an approved master development plan without requiring a public hearing. For purposes of this subsection, a plan modification is "minor" if the changes proposed, considered in the aggregate with any previously approved minor modifications:

Do not involve the construction of an additional building not included in the approved master development plan;

Do not increase by more than 5% the total gross floor area of any land use included in the approved master development plan;

Do not change the square foot percentage of land uses between commercial and residential uses by more than 5%;

Do not increase or decrease the proposed number of parking spaces by 5% of the total number approved; and

Do not alter the proposed roadways or access points significantly, as determined by the Planning Board.

4752.

Project modification review. An MUOD project shall undergo project modification review for any proposed modification of the approved master development plan that exceeds one or more of the thresholds identified in Subsection 4751, a "project modification." No new building permit shall be issued with respect to an MUOD project prior to the issuance of a decision by the Planning Board approving such project modification.

Submittal requirements. An application for project modification review shall be filed with the Planning Board in the manner and quantity specified in the rules and regulations.

Review procedure. An application for project modification review shall require a public hearing with noticing requirements as required in MGL c. 40A, § 11. The Planning Board's review and consideration of an application for project modification review shall be in accordance with the rules and regulations.

Waivers. In connection with project modification review, the Planning Board, in its discretion, may waive application of one or more of the requirements of Section 4700 if it determines that (i) the waiver will substantially improve the MUOD project; (ii) the project or applicable phase thereof advances the purposes of the MUOD as set forth in Section 4710; and (iii) the granting of a waiver will not nullify or substantially derogate from the intent or purpose of Section 4700.

Criteria. The Planning Board shall issue a decision approving a project modification of the MUOD project if it finds that the following criteria have been met with respect to the project or the phase or portion thereof for which a building permit is being sought: (i) the final plans materially conform to the master development plan requirements and are compliant with the standards and requirements set forth in Section 4700; and (ii) the project or applicable phase or portion thereof does not pose material adverse impacts to the neighborhood. The findings required under clause (ii) above may be satisfied through the Planning Board's imposition of mitigation measures and other requirements pursuant to Subsection 4761 that, if satisfied, are designed to cause the project or applicable phase thereof to conform to these criteria.

Decision. The Planning Board shall issue a decision on the proposed project modification within 120 days of the application submittal, unless mutually extended. A majority vote of the Planning Board shall be required for approval or denial of a project modification.

Denial. In the event that the Planning Board finds that a proposed project modification to an approved MUOD project does not satisfy the criteria set forth in Subsection 4752d, the proponent may, at its option, (i) withdraw the project modification proposal; (ii) modify its plans to make them consistent with the Planning Board's findings and submit the modified plans to the Planning Board for reconsideration in accordance with this section, or (iii) seek approval of a revised master development plan at Town Meeting.

4753.

Notwithstanding the foregoing, minor adjustments in the location and configuration of the buildings, parking areas, and other site features shown on a master development plan shall not require Planning Board approval, provided that such minor adjustments do not exceed any of the thresholds set forth in Subsection 4751 and a qualified professional certifies to the Building Inspector that such adjustments comply with the dimensional limitations and other controls contained in Section 4700.

4760 Administration.

The following administrative regulations shall apply in the MUOD:

4761.

Development agreement. An MUOD project shall mitigate the impacts of the development to the satisfaction of the Town. The proponent's mitigation and other general project commitments shall be memorialized in a development agreement entered into between the Proponent and the Select Board, which shall be submitted in recordable form binding upon the proponent. No building permit shall be issued for any phase or portion of the MUOD project requiring approval under Section 4700 until the development agreement has been executed. The development agreement shall include, at a minimum, consideration of the following:

Required mitigation to address the impacts arising out of the use and occupancy of the MUOD project;

Restrictions on development areas and such other development limitations as may be agreed upon;

Proposed phasing of the MUOD project;

Obligations with respect to pedestrian and vehicular interconnectivity within and proximate to the MUOD project area to facilitate pedestrian access and parking efficiencies;

The authority of the Town to retain the necessary professionals at the proponent's expense to assist in their review of development applications.

4762.

Phased development. An approved MUOD project may be constructed in one or more phases in accordance with a construction management/phasing plan submitted pursuant to Subsection 4741.

4763.

Application of requirements to individual lots. The requirements of Section 4700, including the dimensional requirements set forth in Section 4780, shall not be applied to the individual lots or ownership units within the MUOD but shall be applied as if the entire MUOD were a single conforming lot, whether or not the same is in single or multiple ownership. Violations of this Zoning Bylaw shall be enforceable only against the owner of the specific lot on which such violation occurs within the MUOD.

4764.

Rules and regulations. The Planning Board may adopt rules and regulations for the administration of Section 4700, which may include but not be limited to defining the application and submittal requirements, fees, reimbursement for consultants, performance guarantees, and procedural requirements for any approvals required pursuant to Section 4700.

4765.

Issuance of building permit. Following approval of a master development plan at Town Meeting, the proponent shall submit a building permit application and such other materials and fees as may be required, along with evidence of any Planning Board approval required under Section 4750, to the Building Inspector, and a building permit may thereafter be issued for the approved project or any individual component thereof. Building permits may be sought and issued for individual components of an approved project. Except as may otherwise be required by a development agreement, nothing in Section 4700 shall obligate the proponent to construct all or any portion of the improvements shown on an approved master development plan.

4766.

Transfer of MUOD approvals. Approval of an MUOD project, or any individual portion thereof, may be freely transferred between owners, provided that the transferee complies with the provisions of Section 4700 and the Planning Board is notified of the transfer.

4767.

Lapse. An MUOD approval shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within five years following the date the master development plan is approved at Town Meeting. Substantial use, including, without limitation, the issuance of a building permit for construction of all or any portion of the approved master development plan, shall vest the master development plan, provided construction on that phase of the master development plan for which the building permit was issued is commenced within one year of issuance of the building permit. The Planning Board may extend such approval, for good cause, upon the written request of the proponent.

4770 Uses.

The land and buildings shown on an approved master development plan may be used as of right for any use listed below and, to the extent not listed below, any permitted use in the underlying zoning district(s), as set forth in the Table of Principal Use Regulations (Section 2230, Appendix A[1]) of the Zoning Bylaw.

4771.

Principal uses permitted as of right. The following principal uses shall be permitted as of right within the MUOD:

Commercial uses.

Bank, financial agency.

ii.

Business or professional office.

iii.

Child-care facility.

iv.

Drive-in establishments regularly dispensing merchandise or money from inside a building to persons outside, but excluding the dispensing of food or drink.

Major commercial project, provided no single building exceeds 45,000 gross square feet.

vi.

Medical center or clinic.

vii.

Nursing or convalescent homes and/or assisted care facilities, including facilities providing specialized care for residents needing memory care for dementia or other cognitive impairments.

viii.

Personal service establishment.

ix.

Restaurant.

Retail stores and services not elsewhere set forth.

Residential uses.

Age-qualified housing: the provision of independent living arrangements in one or more buildings constructed on a single lot of not less than five acres, containing not more than 60 dwelling units in the aggregate, whether rental or ownership, all of which are restricted to households with at least one member 55 years of age or older.

Open space uses.

All areas unoccupied by buildings, including, without limitation, areas containing utilities and/or stormwater infrastructure; sidewalks and paths; ice rinks, farmers' markets, music festivals, and other seasonal outdoor uses and facilities; and green, landscaped, and open space areas.

Miscellaneous uses.

Utilities and related infrastructure improvements, whether subterranean or aboveground, including, without limitation, wastewater treatment works, streets, parking, access drives, directional signage, lighting, pipes, conduits, manholes, and other appurtenances necessary for the transmission of gas, electricity, telephone, water and sewer service, and related utilities.

4772.

Prohibited uses. Any use(s) not expressly allowed either under Subsection 4771 or within the underlying zoning district(s) shall be prohibited unless the Building Inspector determines that such use is substantially similar in both its characteristics and its impact on abutting properties to a use listed as permitted as of right under Subsection 4771 or within the underlying zoning district(s).

4773.

Accessory uses. The following accessory uses shall be permitted as of right:

Outdoor display, sales, and seating.

Automated teller machines (ATMs), kiosks and similarly sized service booths and detached structures.

Uses supporting approved commercial and residential uses, including, without limitation, cafeterias, dining rooms, and other places serving food or beverages; beauty salons; patio cafes and other outdoor food services areas; halls, conference rooms, auditoriums and other places of assembly or meeting function purposes; health and fitness centers and swimming pools; dry-cleaner drop-off service; retail kiosks; commercial or public parking lots and parking garages; indoor or outdoor markets, festivals or other limited-duration special events; and similar establishments and services of the same general character as the above.

Accessory off-street parking, whether at grade or in a covered garage, including overnight trailer parking accessory to and reasonably proximate to a commercial use.

Accessory renewable energy resources, including but not limited to wind, solar, hydroelectric, methane, and wood alcohol facilities, but not including biomass incineration, for use within the MUOD which are designed to meet the total actual yearly energy needs of the MUOD project; however, excess energy may be delivered to the energy market for sale or credit as long as the excess energy sale or credit is ancillary to the actual energy needs of the MUOD project. Such accessory renewable energy resources not identified on an approved master development plan shall be required to undergo project modification review by the Planning Board.

4774.

Accessory use not located on the same lot as principal use. The MUOD project provides for a comprehensive site design that may include supporting parking areas, accessways, driveways, infrastructure and utilities which may extend into any lot or other area within the MUOD. In addition, an accessory use may be located on a different lot from its associated principal use within the MUOD, provided that the accessory use remains reasonably proximate to the principal use. The location of an accessory use on a different lot than the principal use, other than any accessory parking spaces provided as described in Subsection 4773, shall require the Building Inspector's determination that such accessory use is generally compatible with the surrounding development area and is reasonably proximate to the principal use it serves. For purposes of Subsection 4774, accessory uses located within 1,000 feet of their principal uses shall be presumed to be reasonably proximate to such principal uses. This presumption shall not be construed to limit the Building Inspector's ability to exercise his/her discretion to allow accessory uses at greater distances from their principal uses. Miscellaneous uses defined in Subsection 4771 are exempt from this provision; however, miscellaneous uses serving the MUOD project shall be located within the MUOD.

[1]

Editor's Note: Appendix A is included as an attachment to this chapter.

4780 Dimensional standards and requirements.

No MUOD project shall be approved, and no principal or accessory building or structure shall be erected in an MUOD project unless said MUOD project and the buildings and structures proposed therein conform to the following requirements, calculated in accordance with Subsection 4763:

Table of Dimensional Requirements
Maximum building height	3 stories; 45 feet (or 50 feet, in the case of pitched roofs); 4 stories, 60 feet if set back more than 500 feet from Boston Post Road
Maximum building coverage	30% of the MUOD project area as a whole
Minimum MUOD project area	100,000 square feet
Minimum MUOD project area street frontage	50 feet
Minimum front yard setback	20 feet
Minimum side yard setback	20 feet (see Subsection 4783)
Minimum rear yard setback	30 feet

4781.

Subdivision. The owner of any lot shown on an approved master development plan shall be entitled to lawfully divide such lot, including, without limitation, by virtue of plans endorsed by the Planning Board pursuant to MGL c. 41, § 81P, without modifying the approved master development plan and without the need for other approvals under Section 4700, provided that any such lot must have minimum frontage of 50 feet at the street line and a minimum lot area of 40,000 square feet.

4782.

Two or more buildings on one lot. Notwithstanding anything to the contrary in this Zoning Bylaw, more than one building or structure, including those intended solely for use as residential dwellings, shall be permitted on any lot within the MUOD.

4783.

Proximity to residence districts. Notwithstanding anything to the contrary in Section 4700, within the MUOD, the setback requirement of Section 2600 of the Zoning Bylaw and the buffer and screening requirements set forth in Section 3500 of the Zoning Bylaw shall not apply. Instead, to minimize the MUOD project's visual impact on any existing adjacent residence districts, there shall be maintained a minimum building and structure setback of 50 feet wherever the MUOD abuts the boundary line of a residence district located outside the MUOD.

4784.

Screening and landscaping. Screening and landscaping, both internal and perimeter, for the MUOD project shall be substantially as shown on an approved master development plan, rather than by reference to Section 3500 of the Zoning Bylaw.

4790 Parking and loading.

The alternative parking requirements set forth in Section 4790 shall be used for the MUOD project rather than the requirements and/or regulations set forth elsewhere in the Zoning Bylaw, including, without limitation, Section 3100.

4790A Signs.

Except as otherwise provided in Section 4790A, the alternative signage requirements set forth below shall apply to the MUOD project, rather than the requirements and/or regulations contained in Section 3200 of the Zoning Bylaw.

4790B Water Resource Protection Overlay District.

For a project developed pursuant to Section 4700, the requirements provided in Section 4200 of the Zoning Bylaw, Water Resource Protection Overlay District (WRPOD), shall apply as modified by Section 4790B.

4791.

Parking schedule. The number of expected parking spaces for the MUOD project shall be as set forth on a parking schedule included with the master development plan. The number of spaces contained within the MUOD project may change from time to time, based upon changes in use and tenant requirements. Following adoption of a master development plan at Town Meeting, adjustments in the number of spaces required for the MUOD project may be authorized by the Planning Board through the procedures described in Section 4750.

4791A.

General regulations. All signs authorized by Section 3250 of the Zoning Bylaw shall also be permitted as of right within the MUOD. All signs prohibited by Section 3240 of the Zoning Bylaw shall also be prohibited within the MUOD. For all other signs, the standards and procedures set forth in Subsections 4792A and 4793A shall apply.

4791B.

Application. In recognition of the demonstrated improvement to water quality through conformance with Chapter 252, Stormwater Management, the Stormwater Regulations of the Town of Sudbury, natural resource conservation, and environmental protection secured through the comprehensive public reviews and mitigative measures required for any MUOD project developed pursuant to Section 4700, the requirements of Section 4790B shall supersede any of the requirements of Section 4200 of the Zoning Bylaw that are inconsistent with Section 4790B.

4792.

Location. Parking may be provided anywhere within the MUOD as shown on an approved master development plan, except that no parking stalls shall be allowed within 20 feet of a public way. On-street parking within the MUOD may be utilized in determining satisfaction of the requirements set forth in the parking schedule.

4792A.

Comprehensive signage. In recognition of the interrelated nature of signage in mixed-use projects, and the importance of clear, adequate, and effective signage to the safe and efficient operation of such projects, the Planning Board may approve a comprehensive signage program for all or any portion of (or building within) the MUOD project. Appropriate design, dimensions, lighting and materials for all signs included in a comprehensive signage program shall be determined by the Planning Board in the course of its review pursuant to Subsection 4793A.

4792B.

Allowed uses and activities. All uses authorized by Section 4770 and all activities performed in connection with the construction and operation of the MUOD project (including, without limitation, earth removal and earthmoving activities) shall be allowed as of right in any portion of the MUOD located in the WRPOD, provided that a qualified professional certifies to the Building Inspector that (i) a minimum of 35% pervious area is provided within the MUOD project area as a whole; and (ii) all stormwater best management practices designed for the MUOD project meet applicable Massachusetts Department of Environmental Protection stormwater guidelines.

4793.

Shared parking. Shared parking arrangements shall be permitted and may be located on contiguous lots or on separate lots within the MUOD.

4793A.

MUOD signage review procedure. A comprehensive signage program shall require Planning Board approval, in consultation with the Design Review Board and in accordance with the rules and regulations, either (i) in connection with the Planning Board's conformance recommendation issued pursuant to Subsection 4742, in the case of signs submitted for approval concurrently with the master development plan; or (ii) through project modification review pursuant to Subsection 4752, in the case of signs submitted for approval after the adoption of a master development plan. The Planning Board shall approve such sign(s) if it determines that the proposed signs adequately address the needs of the MUOD project and are generally consistent with the design guidelines contained in Section 3290A of the Zoning Bylaw. Unless otherwise provided in Section 4790A, the requirements and procedures set forth in Section 3230 of the Zoning Bylaw shall not apply to the MUOD project.

4793B.

Review procedure. The Building Inspector shall review and confirm the MUOD project's compliance with the foregoing standards and requirements prior to issuing a building permit or certificate of occupancy, as applicable, for any use or activity subject to Section 4790B.

4794.

Design. Each parking space within the MUOD shall comply with the applicable dimensional regulations set forth in Section 3130 of the Zoning Bylaw. The number of entrances and exits shall be the minimum necessary for safe and efficient traffic circulation, in accordance with the traffic study submitted pursuant to Subsection 4741.

4795.

Loading. To ensure that adequate areas are provided to accommodate all delivery vehicles expected at a given premises at any one time, an off-street loading area shall be provided for any use that (i) contains more than 10,000 square feet of net floor area and (ii) is regularly serviced by tractor-trailer trucks or other similar delivery vehicles. Where required, loading areas shall be shown on the master development plan, shall be located at either the side or rear of each building, and shall be designed to avoid traffic conflicts with vehicles using the site or vehicles using adjacent sites.

4710A Purpose.

The purpose of the North Road Residential Overlay District (NRROD) is to (a) encourage redevelopment along the Route 117 corridor that exhibits a blend of complementary land uses, including multifamily residential development, thereby promoting an active streetscape, enhancing the vitality of businesses, and spurring the revitalization of underutilized properties which build the Town's tax base; (b) establish a set of development controls that allows for greater flexibility and development alternatives and promotes creative, efficient, and appropriate solutions for the redevelopment of complex sites; (c) improve the aesthetic character of the Route 117 corridor and its surroundings and encourage efficient and organized layout of buildings, circulation and open spaces; and (d) diversify and expand the Town's economy and local job opportunities through economic activity and private investment in primarily residential uses with limited commercial use.

4720A Overlay district.

[Amended 5-6-2024 ATM by Art. 31]

The NRROD is hereby established as an overlay district superimposed over, rather than replacing, the Research District. Notwithstanding anything to the contrary in this Zoning Bylaw, for any land subject to Section 4700A, a proponent may choose to have its project conform to either, but not both, all of the controls and processes which govern the Research District or to all of the controls and processes contained in Section 4700A. Except as explicitly provided elsewhere in Section 4700A, the provisions and requirements of other applicable zoning districts, and any rules, regulations, approval processes and/or design or performance standards contained elsewhere in this Zoning Bylaw, shall not apply to any project developed pursuant to Section 4700A; notwithstanding the above, Section 3200 (Signs and Advertising Devices), shall apply. Any NRROD project shall comply with Section 4200 (Water Resource Protection Overlay Districts) to the maximum extent practicable.

4730A Definitions.

As used in Section 4700A, the following terms shall be defined:

MASTER DEVELOPMENT PLAN

A master development plan approved at Town Meeting in accordance with Section 4700A.

NRROD PROJECT

A project that is depicted on a master development plan.

NRROD PROJECT AREA

The geographic area for a project delineated on a master development plan.

PROPONENT

The applicant or developer of a proposed NRROD project or any phase or portion thereof.

RULES AND REGULATIONS

The rules and regulations adopted by the Planning Board for the administration of Section 4700A.

4740A Master development plan.

A project developed pursuant to Section 4700A must have a master development plan adopted by a two-thirds vote of a Town Meeting.

4741A.

Master development plan requirements. The proponent of the NRROD project shall file with the Town Clerk, with a copy to the Planning Board and the Zoning Board of Appeals, a package of master development plan materials that includes, at minimum, the following information:

A plan of existing conditions showing the area of land proposed to be developed under Section 4700A, including topography and the location of existing roadways, buildings, other site improvements;

A map showing the general condition and topography, of the land and improvements located within 200 feet of the NRROD project area;

A scalable development plan of the NRROD project showing:

The location and areas of proposed development, including building envelopes, approximate sizes of all buildings (including footprint dimensions, height, gross floor area of each use type, and number and mix of residential units), parking areas (including number of spaces), proposed location of areas for stormwater and wastewater facilities, and other proposed site improvements;

ii.

Proposed open space areas;

iii.

The location and width of the proposed roads and ways (including private ways and driveways);

iv.

Proposed setbacks of buildings to exterior property lines;

Proposed preliminary subdivision plan of land, if applicable;

vi.

Total unit and bedroom count for residential uses;

vii.

Total square footage and use type(s) of proposed commercial space.

Elevations showing the planned architectural approach for the proposed structures.

4742A.

Final plan approval. A master development plan for an NRROD project shall require approval from the Planning Board subsequent to Town Meeting approval, as set forth herein. The applicant shall provide to the Planning Board, at a minimum, all of the items required pursuant to Subsection 4741A and Section 6350, plus the following:

Total land area of the NRROD project area;

Accompanying technical reports and studies, consisting of a (i) stormwater and drainage report, (ii) wastewater management system report, (iii) traffic study, (iv) utilities and infrastructure report, (v) fiscal impact report, and a (vi) draft construction management/phasing plan;

A parking schedule for each proposed use;

The NRROD project's conformance with the dimensional requirements contained in Section 4780A;

Detailed site plans and floor plans depicting the specific proposed location, height, gross square footage and layout of buildings, as well as the specific location, width and specifications of roadways and drainage infrastructure.

Certified list of abutters within 300 feet of the NRROD project parcel(s); and

Such other materials as may be required by the rules and regulations adopted pursuant to Subsection 4764A or as may reasonably be requested by the Planning Board during the public hearing.

4743A.

Zoning Board of Appeals recommendation. Within 45 days after submission to the Planning Board of the master development plan package referenced in Subsection 4741A, the Zoning Board of Appeals shall convene a public hearing to review such materials within notice to interested parties as set forth in MGL c. 40A, § 11. Within 30 days after the close of such public hearing, the Zoning Board of Appeals shall make a written recommendation to the Planning Board, which recommendation shall include any conditions or plan modifications recommended by the Zoning Board of Appeals. The Planning Board shall not act on the master development plan prior to receipt of the recommendation of the Zoning Board of Appeals or the expiration of 30 days after the close of the Zoning Board of Appeals public hearing.

4744A.

Planning Board decision.

After a public hearing has been held with notice to interested parties pursuant to MGL c. 40A, § 11, the Planning Board shall approve the master development plan if it finds that the final plans and materials (i) materially conform to the master development plan approved by Town Meeting and the standards and requirements set forth in Section 4700A, and (ii) promote the purposes of the Zoning Bylaw as noted in Section 4710A. Approval of the Planning Board shall require a four-fifths supermajority.

The Planning Board's approval may include reasonable conditions, limitations, and safeguards, including without limitation conditions to ensure adequacy of (i) utilities (including features promoting renewability and sustainability), wastewater disposal, and stormwater drainage; (ii) pedestrian accommodations and traffic improvements; (iii) parking and circulation; (iv) fire and service equipment access; (v) lighting and noise protections; and (vi) general massing and architecture.

Plans shall be deemed to materially conform to the master development plan approved by Town Meeting if, notwithstanding any changes in site layout or design, such plans do not increase the total number of units, do not increase the gross square footage of commercial space proposed or the total number of bedrooms, and do not change the unit mix as between one-, two-, and three-bedroom units, including the proposed number of age-restricted units.

4750A Modifications to approved master development plan.

Following approval at Town Meeting of a master development plan for an NRROD project, modifications to such master development plan may be made as follows.

4751A.

Minor modification. The Planning Board may, in its discretion, approve minor modifications to an approved master development plan without requiring a further public hearing. For purposes of this subsection, a plan modification is "minor" if the changes proposed, considered in the aggregate with any previously approved minor modifications:

Do not involve the construction of an additional building not included in the approved master development plan, with the exception of ancillary buildings not exceeding 500 square feet at the discretion of the Planning Board;

Do not increase by more than 5% the total gross floor area of any land use included in the approved master development plan;

Do not result in an increase in the number of dwelling units in the project;

Do not increase or decrease the proposed number of parking spaces by 5% of the total number approved;

Do not alter the proposed access points to the development from any public way significantly, as determined by the Planning Board;

Proposes a division of the NRROD project area that does not result in any violation of any of the foregoing minor modifications; or

Proposes a change in use from one permitted use under the RDORZ to another permitted use under the NRROD without any violation of any of the foregoing minor modifications.

4752A.

Project modification review. A NRROD project shall undergo project modification review for any proposed modification of the approved master development plan that exceeds one or more of the thresholds identified in Section 4751Aa through e or g, provided that in no event shall a project modification be permitted that would: (a) result in construction of additional dwelling units; or (b) result in more than a 20% increase in gross floor area used for commercial purposes, absent approval of a new master development plan by Town Meeting.

Submittal requirements. An application for project modification review shall be filed with the Planning Board in the manner and quantity specified in the rules and regulations.

Review procedure. An application for project modification review shall require a public hearing with notice to interested parties pursuant to MGL c. 40A, § 11. The Planning Board's review and consideration of an application for project modification review shall be in accordance with the rules and regulations.

Criteria. The Planning Board shall issue a decision approving a project modification of the NRROD project if it finds that the following criteria have been met with respect to the project or the phase or portion thereof for which a building permit is being sought: (i) the final plans substantially conform to the master development plan requirements, and are compliant with the standards and requirements set forth in Section 4700A; and (ii) the project or applicable phase or portion thereof does not pose material adverse impacts to the neighborhood. The findings required under clause (ii) above may be satisfied through the Planning Board's imposition of mitigation measures and other requirements pursuant to Subsection 4761A that, if satisfied, are designed to cause the project or applicable phase thereof to conform to these criteria.

Decision. The Planning Board shall issue a decision on the proposed project modification within 120 days of the application submittal, unless mutually extended. The Planning Board may impose additional reasonable conditions upon the approval of a proposed project modification. A majority vote of the Planning Board shall be required for approval or denial of a project modification.

Denial. In the event that the Planning Board finds that a proposed project modification to an approved NRROD project does not satisfy the criteria set forth herein, the Proponent may, at its option, (i) withdraw the project modification proposal; (ii) modify its plans to make them consistent with the Planning Board's findings and submit the modified plans to the Planning Board for reconsideration in accordance with this section, or (iii) seek approval of a revised master development plan at Town Meeting.

4753A.

Notwithstanding the foregoing, minor adjustments in the location and configuration of the buildings, parking areas, and other site features shown on a master development plan shall not require Planning Board approval provided that such minor adjustments do not exceed any of the thresholds set forth in Subsection 4751A and a qualified professional certifies to the Building Inspector that such adjustments comply with the dimensional limitations and other controls contained in Section 4700A and that such adjustments are necessary owing to a site condition such as topography, soils conditions, hydrology, groundwater, or other relevant engineering or design criteria.

4760A Administration.

The following administrative regulations shall apply in the NRROD:

4761A.

Development agreement. A NRROD project shall mitigate the impacts of the development to the satisfaction of the Town. The proponent's mitigation and other general project commitments shall be memorialized in a development agreement entered into between the proponent and the Select Board, which shall be submitted in recordable form binding upon the proponent. No building permit shall be issued for any phase or portion of the NRROD project requiring approval under Section 4700A until the development agreement has been executed. The development agreement shall include, at a minimum, consideration of some or all of the following:

Required mitigation to address the impacts arising out of the use and occupancy of the NRROD project;

Restrictions on development areas and such other development limitations as may be agreed upon;

Proposed phasing of the NRROD project, if applicable;

Obligations with respect to pedestrian and vehicular interconnectivity within and proximate to the NRROD project area to facilitate pedestrian access and parking efficiencies;

The authority of the Town to retain the necessary professionals at the proponent's expense to assist in its review of development applications.

4762A.

Phased development. An approved NRROD project may be constructed in one or more phases in accordance with a construction management/phasing plan submitted pursuant to Subsection 4741A.

4763A.

Application of requirements to individual lots. The requirements of Section 4700A, including the dimensional requirements set forth in Section 4780A, shall not be applied to the individual lots or ownership units within the NRROD, but shall be applied as if the entire NRROD were a single conforming lot, whether or not the same is in single or multiple ownership.

4764A.

4765A.

Issuance of building permit. Following approval of a master development plan by the Planning Board, the Proponent shall submit a building permit application and such other materials and fees as may be required to the Building Inspector and a building permit may thereafter be issued for the approved project or any individual component thereof. Building permits may be sought and issued for individual components of an approved project. Except as may otherwise be required by a Development Agreement, nothing in Section 4700A shall obligate the Proponent to construct all or any portion of the improvements shown on an approved master development plan.

4766A.

Transfer of NRROD approvals. Approval of a NRROD project, or any individual portion thereof, may be freely transferred between owners, provided that the transferee complies with the provisions of Section 4700A and any Planning Board approval rendered hereunder, and the Planning Board is notified of the transfer.

4767A.

Lapse. An NRROD approval shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within three years following the date the master development plan is approved by the Planning Board. Substantial use, including, without limitation, the issuance of a building permit for construction of all or any portion of the approved master development plan, shall vest the master development plan, provided construction on that phase of the master development plan for which the building permit was issued is commenced within one year of issuance of the building permit. The Planning Board may extend such approval, for good cause, upon the written request of the Proponent. Delay in obtaining building permits caused by delay in approvals of any other permit necessary to construct a NRROD project shall constitute good cause under this section, provided that the applicant has in a timely manner applied for and diligently pursued such permits and that such delay is not the result of the actions or inactions of the applicant.

4770A Uses.

The land and buildings shown on an approved master development plan may be used as of right for any use listed below and, to the extent not listed below, any Permitted Use in the underlying zoning district(s), as set forth in the Table of Principal Use Regulations (Section 2230, Appendix A[1]) of the Zoning Bylaw.

4771A.

Permitted principal uses. The following principal uses shall be permitted, alone or in combination, within the NRROD, subject to Town Meeting approval of a master development plan:

Commercial uses.

Business or professional office with fewer than five employees.

ii.

Child-care facility serving only residents of the NRROD project.

iii.

Personal service establishment, under 1,000 square feet.

iv.

Restaurant, under 1,000 square feet.

Retail stores and services not elsewhere set forth, under 1,000 square feet.

Residential uses.

One-family, two-family and multifamily dwellings.

ii.

Assisted living or continuing care retirement community (CCRC) residential housing, which uses may include some or all of the following accessory uses designed to serve residents and visitors of the assisted living and/or CCRC:

(a)

Any or all of the following uses and associated services, individually or in any combination, as part of dwellings or as separate structures, including, but not limited to:

Dining rooms, coffee shops and related kitchen areas and facilities;

ii)

Living rooms, libraries, music rooms, auditoriums, greenhouses;

iii)

Lounges, card rooms, meeting rooms, and other social and recreational areas;

iv)

Administrative offices, social service offices, educational uses;

Mail rooms, gift shops, convenience stores;

vi)

Medical offices, diagnostic and treatment centers, wellness centers, exercise areas, home health care centers;

vii)

Professional offices;

viii)

Barbers, hairdressers, beauty salons;

ix)

Banks and ATM banking machines;

Home health care;

xi)

Adult and child-care services;

xii)

Cleaning services;

xiii)

Other uses, services and activities incidental to the operation of a CCRC.

(b)

Skilled nursing and memory care; and

(c)

All uses required by Massachusetts statute or regulation to receive a license or permit to operate and maintain such assisted living or continuing care residential community.

(d)

In the event that the applicant proposes an assisted living or continuing care residential community, such uses may be approved in the discretion of the Planning Board as a modification to the master development plan. If the Planning Board approves such modification, it may impose reasonable conditions, including without limitation a corresponding reduction in the number of residential housing units and/or commercial space approved in the master development plan.

iii.

Clubhouses, recreation facilities and other accessory amenities and infrastructure to serve residential units within the NRROD project.

4772A.

Prohibited uses. Any use(s) not expressly allowed either under Subsection 4771A or within the underlying zoning district(s) shall be prohibited unless the Building Inspector determines that such use is substantially similar in both its characteristics and its impact on abutting properties to a use listed as permitted as of right under Subsection 4771A or within the underlying zoning district(s).

[1]

Editor's Note: Appendix A is included as an attachment to this chapter.

4780A Dimensional standards and requirements.

No NRROD project shall be approved, and no principal or accessory building or structure shall be erected, in an NRROD project unless said NRROD project and the buildings and structures proposed therein conform to the following requirements, calculated in accordance with Subsection 4763A:

a.	Maximum building height:
	i.	Three stories; 45 feet (or 50 feet, in the case of pitched roofs)
	ii.	Four stories; 60 feet if set back more than 500 feet from Route 117
b.	Maximum building coverage: 35% of the NRROD project area as a whole
c.	Minimum NRROD project area: 150,000 square feet
d.	Minimum front yard setback: 100 feet
e.	Minimum side yard setback: 20 feet (see Subsection 4783A)
f.	Minimum rear yard setback: 30 feet
g.	The NRROD shall comply with the parking standards of Section 3100, provided that the Planning Board shall have the discretion to vary such standards if it determines that alternative conditions, including an enforceable transportation management plan, warrant such variance. Where the Planning Board approves a reduction in parking requirements, it may condition such reduction upon the designation and preparation of a reserve parking area(s) in the event additional parking is needed in the future.

4781A.

Subdivision. The owner of any lot shown on an approved master development plan shall be entitled to lawfully divide such lot, including, without limitation, by virtue of plans endorsed by the Planning Board pursuant to MGL c. 41, § 81P, without modifying the approved master development plan and without the need for other approvals under Section 4700A, provided that any such lot must have minimum frontage of 150 feet at the street line and a minimum lot area of two acres. Condominium forms of ownership are allowed in any NRROD project.

4782A.

4783A.

Screening and landscaping. Screening and landscaping, both internal and perimeter, for the NRROD project shall be substantially as shown on an approved master development plan, rather than by reference to Section 3500 of the Zoning Bylaw.

A Purpose.

The purpose of this Section 4700B is to establish the Melone Smart Growth Overlay District (SGOD), to encourage smart growth in accordance with the purposes of MGL c. 40R and to support development that meets the following objectives:

To provide for higher-density residential development in an area that is well suited for multifamily housing.

To provide for more types of housing choices in Sudbury, including affordable housing and multifamily units that meet community housing needs in a manner that advances the goals of the Sudbury Housing Production Plan.

To ensure high-quality planning, architecture and landscape design that enhances the distinct visual character and identity of Sudbury.

To promote best practices in planning, sustainability, and improved transportation infrastructure.

To the extent not in conflict with the purposes of MGL c. 40S and provisions for as-of-right development under the governing laws, generate positive tax and other revenues while providing opportunities for new workforce housing to meet regional needs.

B Definitions.

As used in this Section 4700B, the following terms shall have the meanings set forth below, provided that, to the extent that any material conflict should arise between the definitions applicable to the same or similar terms that are directly or indirectly set forth in Subsection B below or elsewhere in Section 4700B and the corresponding terms in the governing laws, the terms of the governing laws shall govern unless DHCD has, and separately and expressly exercises, the authority to determine otherwise.

ACCESSORY USE

A use subordinate to a principal use in the district and serving a purpose customarily incidental to the principal use, and which does not, in effect, constitute conversion of the principal use of the development lot, site or structure to a use not otherwise permitted in the district.

AFFORDABLE HOMEOWNERSHIP UNIT

A dwelling unit required to be sold to an eligible household in accordance with the requirements of Subsection F of this section.

AFFORDABLE HOUSING RESTRICTION

A deed restriction of one or more affordable units, in perpetuity or the maximum period allowed by law, meeting statutory requirements in MGL c. 184, § 3, and the requirements of Subsection F of this section.

AFFORDABLE RENTAL UNIT

A dwelling unit required to be rented to an eligible household in accordance with the requirements of Subsection F of this section.

AFFORDABLE UNIT

An affordable rental unit or an affordable homeownership unit that is affordable to and occupied by an eligible household and is approved by the Department of Housing and Community Development for inclusion in the Town of Sudbury's Chapter 40B Subsidized Housing Inventory.

APPLICANT

The individual or entity that submits a project for plan approval.

APPLICATION

A petition for plan approval filed with the approving authority by an applicant and inclusive of all required documentation as specified in administrative rules adopted pursuant to Subsection I, Plan approval.

APPROVING AUTHORITY or PLAN APPROVAL AUTHORITY (PAA)

The Planning Board of the Town of Sudbury acting as the authority designated to review projects and issue approvals under this Section 4700B.

AS-OF-RIGHT DEVELOPMENT

A development project allowable under this section without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A development project that is subject to the plan review requirement of this section shall be considered an as-of-right development.

DEPARTMENT or DHCD

The Massachusetts Department of Housing and Community Development or any successor agency.

DESIGN AND PERFORMANCE STANDARDS or DESIGN STANDARDS

Provisions of Subsection M of this section made applicable to projects within the district that are subject to the plan approval process, provided they comply with the limitations for design standards in the governing laws.

DEVELOPMENT PROJECT

A development comprising any permitted uses provided for hereunder undertaken under this section. A development project shall be identified on a plan which is submitted to the approving authority for plan review.

DISTRICT

The Melone Smart Growth Overlay District, adopted pursuant to MGL c. 40R in accordance with the procedures for zoning adoption and amendment under MGL c. 40A and approved by the Department of Housing and Community Development under MGL c. 40R and 760 CMR 59.00.

DWELLING UNIT

A room, group of rooms, or dwelling forming a habitable unit for living, sleeping, food storage and/or preparation and eating, and which is directly accessible from the outside or through a common hall without passing through any other dwelling unit. The term shall not include a hotel, motel, bed-and-breakfast, rooming house, hospital, or other accommodation used for transient lodging.

ELIGIBLE HOUSEHOLD

An individual or household whose annual income is at or below 80% of the area median income as determined by the United States Department of Housing and Urban Development ("HUD"), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.

GOVERNING LAWS

MGL Chapter 40R and 760 CMR 59.00.

MONITORING AGENT

The entity designated to monitor and enforce the affordable housing restriction.

MULTIFAMILY DWELLING UNITS

A residential building containing four or more dwelling units.

PAA REGULATIONS

The rules and regulations of the PAA adopted pursuant to Subsection I of this Section 4700B.

PLAN APPROVAL

The approving authority's authorization for a proposed development project based on a finding of compliance with this section of the bylaw and design and performance standards after the conduct of plan review.

PROJECT or DEVELOPMENT PROJECT

A development comprising any permitted uses provided for under this Section 4700B. A project shall be identified on a plan which is submitted to the approving authority for plan review.

UNDERLYING ZONING

The zoning requirements adopted pursuant to MGL 40A that otherwise apply to the geographic area in which the district is located.

UNDULY RESTRICT

A provision of the district or a design standard adopted pursuant to MGL c. 40R and 760 CMR 59.00 that adds unreasonable costs or unreasonably impairs the economic feasibility of a proposed development project in the district.

UNRESTRICTED UNIT

A dwelling unit that is not restricted as to rent, price, or eligibility of occupants.

ZONING BYLAW or BYLAW

The Zoning Bylaw of the Town of Sudbury.

C Establishment and delineation of district.

The district is an overlay district having a land area of approximately 5.95 acres in size that is superimposed over the underlying zoning district. The boundaries of the district are shown on a map entitled "Melone Smart Growth Overlay District," dated November 13, 2018, on file with the Town Clerk; said map hereby made a part of the Zoning Bylaw and adopted as an amendment to the Sudbury Zoning Map.

D Authority and applicability.

The district is established pursuant to the authority of MGL c. 40R and 760 CMR 59.00. The district is superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force, except for those projects undergoing development pursuant to this Section 4700B. At the option of the applicant, development of land within the district may be undertaken by means of plan approval under this Section 4700B or by complying with all applicable underlying zoning controls in the Zoning Bylaw. Notwithstanding anything to the contrary in the bylaw, development projects proceeding under this Section 4700B shall be governed solely by the provisions of this Section 4700B, and the standards and/or procedures of the underlying zoning shall not apply. Development projects proposed pursuant to this Section 4700B 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.

The provisions of this Section 4700B 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 Sections 9 through 13[1] shall be governed by the applicable provisions of MGL c. 40R. Any other request for enforcement or appeal arising under this Section 4700B shall be governed by the applicable provisions of MGL c. 40A.

[1]

Editor's Note: So in original.

E Permitted uses.

The following principal uses, either alone or in any combination thereof, shall be permitted upon plan approval pursuant to the provisions of this Section 4700B. All uses not expressly allowed are prohibited.

Multifamily residential use(s);

Parking accessory to any permitted uses, including surface, garage-under, and structured parking (e.g., parking garages);

Commercial uses accessory to the multifamily residential use(s) that in aggregate do not exceed 10% of the gross floor area of a project, including

Business or professional office with fewer than five employees;

Child-care facility;

Personal service establishment, under 1,000 square feet;

Restaurant, under 1,000 square feet;

Retail stores and services not elsewhere set forth, under 1,000 square feet.

Other accessory uses customarily incidental to any of the above permitted uses.

F Housing and housing affordability.

Number of affordable units. At least 25% of all dwelling units constructed in a development project and the district shall be maintained as affordable units.

Fractional units. When the application of the percentages specified above results in a number that includes a fraction, the fraction shall be rounded up to the next whole number.

Affordable units shall comply with the following requirements:

The monthly rent payment for an affordable rental unit, including applicable utility allowances, shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one, unless another affordable housing program methodology for calculating rent limits as approved by DHCD shall apply;

For an affordable homeownership unit, the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking (to the extent such parking is more generally included in the housing cost for the unrestricted units), shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one, unless another affordable housing program methodology for calculating rent limits as approved by DHCD shall apply; and

Affordable units required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households.

Design and construction.

Design. As approved by DHCD, affordable units must be equitably integrated and proportionately dispersed throughout a development project, across all residential buildings, floors and distinct unit types in accordance with the affordable housing restriction and marketing and tenant selection plan. Affordable units must be comparable in initial construction quality and exterior design to the unrestricted units. Unless expressly required otherwise under one or more applicable state or federal housing subsidy programs, the bedroom-per-unit average for the affordable units must be equal to or greater than the bedroom-per-unit average for the unrestricted units.

Timing. All affordable units must be constructed and occupied not later than concurrently with construction and occupancy of unrestricted units and, for development projects that are constructed in phases, affordable units must be constructed and occupied in proportion to the number of units in each phase of the development project.

Affordable housing restriction. Each affordable unit shall be subject to an affordable housing restriction which is recorded with the Middlesex South Registry of Deeds. The affordable housing restriction shall meet the requirements of and provide for implementation of this Section 4700B and shall be approved by DHCD with regard to conformance with MGL c. 40R and 760 CMR 59.00. Each such restriction shall contain all of the following:

Description of the development project, including whether the affordable unit will be rented or owner-occupied.

A description of the affordable homeownership unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of affordable rental units in a development project containing dwelling units or portion of a development project containing dwelling units which are rental. Such restriction shall apply individually to the specifically identified affordable homeownership unit and shall apply to a percentage of rental units of a rental development project containing dwelling units or the rental portion of a development project containing dwelling units with the initially designated affordable rental units identified in, and able to float subject to specific approval by DHCD in accordance with, the corresponding Affirmative Fair Housing Marketing Plan (AFHMP) and DHCD's AFHMP guidelines.

The term of the affordable housing restriction shall be the in perpetuity or the maximum period allowed by law.

The name and address of a monitoring agent with a designation of its power to monitor and enforce the affordable housing restriction.

Reference to an affirmative fair housing marketing and resident selection plan, to which the affordable unit is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. Such plan shall be consistent with DHCD guidance and approved by the Town and DHCD. Consistent with DHCD guidance, such plan shall include a preference based on need for the number of bedrooms in a unit and a preference based on need for the accessibility features of a unit where applicable, and may only provide for additional preferences in resident selection to the extent such preferences are also consistent with applicable law and approved by DHCD.

A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of eligible households compiled in accordance with the housing marketing and selection plan;

Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set;

A requirement that only an eligible household may reside in an affordable unit and that notice of any lease or sublease of any affordable unit to another eligible household shall be given to the monitoring agent;

Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the monitoring agent;

Provision that the restriction on an affordable homeownership unit shall run in favor of the Town of Sudbury, in a form approved by Town Counsel, and shall limit initial sale and resale to and occupancy by an eligible household;

Provision that the restriction on affordable rental units in a rental project or rental portion of a development project containing dwelling units shall run with the rental development project containing dwelling units or rental portion of a development project containing dwelling units and shall run in favor of the Town of Sudbury, in a form approved by municipal counsel, and shall limit rental and occupancy to an eligible household;

Provision that the owner(s) or manager(s) of affordable rental unit(s) shall file an annual report to the monitoring agent, in a form specified by such agent, certifying compliance with the provisions of this bylaw and containing such other information as may be reasonably requested in order to ensure affordability;

A requirement that residents in affordable units provide such information as the monitoring agent may reasonably request in order to ensure affordability; and

Designation of the priority of the affordable housing restriction over other mortgages and restrictions.

Administration.

Monitoring agent. A monitoring agent shall be designated by the Town Manager. The monitoring agent shall ensure the following:

Prices of affordable homeownership units are properly computed; rental amounts of affordable rental units are properly computed;

ii.

Income eligibility of households applying for and living in affordable units is properly and reliably determined, and that tenants of affordable rental units continue to be eligible, and that annual income recertification is completed, with results sent to the Town and DHCD;

iii.

The housing marketing and resident selection plan conforms to all requirements and is properly administered;

iv.

Sales and rentals are made to eligible households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and

Affordable housing restrictions meeting the requirements of this section are recorded with the Middlesex South Registry of Deeds.

Housing marketing and selection plan. The housing marketing and selection plan may make provision for payment by the applicant of reasonable costs to the monitoring agent to develop, advertise, and maintain the list of eligible households and to monitor and enforce compliance with affordability requirements.

Age restrictions. Age-restricted projects restricting occupancy to households with one or more older adults cannot be imposed upon the applicant and are further prohibited within the Melone SGOD without the express written approval of DHCD.

Failure of the monitoring agent. In the case where the monitoring agent cannot adequately carry out its administrative duties, upon certification of this fact by the Select Board or by DHCD, the administrative duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Select Board or, in the absence of such designation, by an entity designated by DHCD.

G Dimensional and other requirements.

Buildings and development lots within the district shall be subject to the dimensional and other requirements set forth in this Subsection G.

Density. Notwithstanding the limit on maximum residential Development in Subsection G6, below, multifamily dwelling units shall be permitted as-of-right at a density of at least 20 dwelling units per acre of developable land.

Minimum area and setbacks. There shall be no minimum development lot area or setback requirements within the district except for the district buffer described herein.

Height: three stories; 45 feet (or 50 feet, in the case of pitched roofs), provided that the Planning Board may approve a building height of up to four stories or 60 feet where it determines, based upon topography and the provision of adequate visual buffers, the visual impact from any adjacent public way is adequately minimized by the applicant.

Number of buildings on a development lot. In the district, more than one principal building may be erected on a development lot.

Maximum residential development. To the extent consistent with the governing laws, the aggregate number of dwelling units that may be permitted within the district pursuant to this Section 4700B shall be 101.

Structured parking. Structured parking allowable pursuant to Subsection E shall be governed by this Section 4700B and by design and performance standards as adopted pursuant to Subsection M.

H Parking requirements.

Parking shall be provided within the district in order to meet the following minimum parking space requirements, subject to the provisions of this Subsection H.

Multifamily Residential	Number of Parking Spaces
1-bedroom units	1 per unit
2-bedroom units	2 per unit
3+-bedroom units	2 per unit

When application of the requirements set forth above results in a number that includes a fraction, the fraction shall be rounded up to the next whole number. The maximum number of parking spaces provided in a development project shall not exceed an average of 1.75 per unit.

Modification in parking requirements. Notwithstanding anything to the contrary herein, any minimum required or maximum permitted amount of parking may be modified by the approving authority through the plan approval process, if the applicant can demonstrate that the modified amount of parking will not cause excessive congestion, endanger public safety, or that a modified amount of parking will provide positive environmental or other benefits, taking into consideration:

The availability of public or commercial parking facilities in the vicinity of the use being served;

Shared use of parking spaces serving other uses having peak user demands at different times;

Age or other occupancy restrictions which are likely to resulting a lower level of auto usage;

Such other factors, including the availability of valet parking, shuttle service, or a transportation management plan as may be considered by the approving authority. Where such reduction is authorized, the approving authority may impose conditions of use or occupancy appropriate to such reductions;

Parking shall be designed and constructed to comply with all applicable disability access requirements including, but not limited to, the Americans with Disabilities Act.[1]

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

I Plan approval.

The approving authority shall adopt and file with the Town Clerk administrative rules (PAA regulations) for plan approval application submission requirements. Such administrative rules and any amendment thereto must be approved by DHCD before they become effective and applicable to plan approval applications. The plan approval process encompasses the following:

Preapplication review. The applicant is encouraged to participate in a preapplication review at a regular meeting of the approving authority. The purpose of the preapplication review is to minimize the applicant's cost of engineering and other technical experts, and to obtain the advice and direction of the approving authority prior to filing the application. At the preapplication review, the applicant shall outline the proposal and seek preliminary feedback from the approving authority, other municipal review entities, and members of the public. The applicant is also encouraged to request a site visit by the approving authority and/or its designee in order to facilitate preapplication review.

Application procedures:

The applicant shall file an original of the application with the Town Clerk for certification of the date and time of filing. Said filing shall include any required forms provided by the approving authority. A copy of the application, including the date and time of filing certified by the Town Clerk, as well as the required number of copies of the application, shall be filed forthwith by the applicant with the approving authority and Building Inspector. As part of any application for plan approval for a development project, the applicant must submit the following documents to the approving authority and, as applicable, the monitoring Agent:

Evidence that the development project complies with the cost and eligibility requirements of Subsection F;

ii.

Development project plans that demonstrate compliance with the design and construction standards of Subsection F; and

iii.

A form of affordable housing restriction that satisfies the requirements of Subsection F.

These documents in combination, to be submitted with an application for plan approval, shall include details about construction related to the provision, within the development, of units that are accessible to the disabled and appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and older adults.

Upon receipt by the approving authority, applications shall be distributed to the Building Inspector, Fire Chief, Police Chief, Health Department, Conservation Commission, the Town Manager, the Select Board, and the Department of Public Works. Any reports from these parties shall be submitted to the approving authority within 30 days of filing of the application; and

[Amended 5-6-2024 ATM by Art. 31]

Within 30 days of filing of an application with the approving authority, the approving authority or its designee shall evaluate the proposal with regard to its completeness and shall submit an advisory report, in writing, to the applicant, certifying the completeness of the application. The approving authority or its designee shall forward to the applicant, with its report, copies of all recommendations received to date from other boards, commissions or departments.

Public hearing. The approving authority shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11, and review all applications in accordance with MGL Ch. 40R, § 11, and 760 CMR 59.00.

Plan approval decision.

The approving authority shall make a decision on the plan approval application, and shall file said decision with the Town Clerk, within 120 days of the date the application was received by the Town Clerk. The time limit for public hearings and taking of action by the approving authority may be extended by written agreement between the applicant and the approving authority. A copy of such agreement shall be filed with the Town Clerk;

Failure of the approving authority to take action within 120 days or extended time, if applicable, shall be deemed to be an approval of the application;

An applicant who seeks approval because of the approving authority's failure to act on an application within 120 days or extended time, if applicable, must notify the Town Clerk, in writing, of such approval within 14 days of the expiration of said time limit for a decision, and that a copy of that notice has been sent by the applicant to the parties in interest by mail and that each such notice specifies that appeals, if any, shall be made pursuant to MGL c. 40R and shall be filed within 20 days of the date the Town Clerk received such written notice from the applicant that the approving authority failed to act within the time prescribed;

The approving authority's findings, including the basis of such findings, shall be stated in a written decision of approval, conditional approval or denial of the application for plan approval. The written decision shall contain the name and address of the applicant, identification of the land affected and its ownership, and reference by date and title to the plans that were the subject of the decision. The written decision shall certify 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 approving authority;

The decision of the approving authority, together with detailed reasons for it, shall be filed with the Town Clerk, the Planning Board, and the Building Inspector. A certified copy of the decision shall be mailed to the owner and to the applicant, if other than the owner. A notice of the decision shall be sent to the parties in interest and to persons who requested a notice at the public hearing.

Effective date. 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 the application is approved by reason of the failure of the approving authority to timely act, the Town Clerk shall make such certification on a copy of the notice of application. A copy of the decision or notice of application shall be recorded with the title of the land in question in the Middlesex South Registry of Deeds, 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 responsibility and the cost of said recording and transmittal shall be borne by the owner of the land in question or the applicant.

Criteria for approval. The approving authority shall approve the development project upon the following findings:

The applicant has submitted the required fees and information as set forth in applicable regulations; and

The proposed development project as described in the application meets all of the requirements and standards set forth in this Section 4700B and applicable design and performance standards.

For a development project subject to the affordability requirements of Subsection F, compliance with Subsection I6b above shall include written confirmation by the monitoring agent that all requirements of that subsection have been satisfied. Prior to the granting of plan approval for a project, the applicant must demonstrate, to the satisfaction of the monitoring agent, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town of Sudbury.

Criteria for conditional approval. The approving authority may impose conditions on a development project as necessary to ensure compliance with the district requirements of this Section 4700B and applicable design and performance standards, or to mitigate any extraordinary adverse impacts of the development project on nearby properties, insofar as such conditions are compliant with the provisions of MGL Ch. 40R and applicable regulations and do not unduly restrict opportunities for development.

Criteria for denial. The approving authority may deny an application for plan approval pursuant to this Section 4700B of the bylaw only if the approving authority finds one or more of the following:

The development project does not meet the requirements and standards set forth in this Section 4700B and applicable design and performance standards, or that a requested waiver therefrom has not been granted; or

The applicant failed to submit information and fees required by this Section 4700B and necessary for an adequate and timely review of the design of the development project or potential development project impacts.

Time limit. A project approval shall remain valid and shall run with the land indefinitely, provided that construction has commenced within two years after the decision issues, which time shall be extended by the time required to adjudicate any appeal from such approval. Said time shall also be extended if the project proponent is actively pursuing other required permits for the project or if there is good cause for the failure to commence construction, or as may be provided in an approval for a multiphase development project.

10.

Appeals. Pursuant to MGL c. 40R, § 11, any person aggrieved by a decision of the approving authority may appeal to the Superior Court, the Land Court, or other court of competent jurisdiction within 20 days after the plan approval decision has been filed in the office of the Town Clerk.

J Waivers.

With the exception of any provision other than Subsection F1 (which must nevertheless be at least 20%) contained in Subsection F or Subsection I2a or otherwise in conflict with the governing laws, the approving authority may waive dimensional and other requirements of this Section 4700B, 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 district, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and/or physical character allowable under this Section 4700B.

K Project phasing.

The approving authority, as a condition of any plan approval, may allow a development project to be constructed in one or more phases for the purpose of coordinating its development with the construction of planned infrastructure (as that term is defined under 760 CMR 59.00), or that are required to mitigate any extraordinary adverse project impacts on neighboring properties.

L Change in plans after approval by approving authority.

Minor change. After plan approval, an applicant may apply to make minor changes in a development project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall build out or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the approving authority on red-lined prints of the approved plan, reflecting the proposed change, and on application forms provided by the approving authority. The approving authority may authorize such changes at any regularly scheduled meeting without the need to hold a public hearing. The approving authority 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 approving authority to constitute a major change in a development 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 approving authority as a new application for plan approval pursuant to this Section 4700B.

M Design and performance standards.

The plan approval authority may adopt, by simple majority vote, design standards which shall apply to development projects subject to plan approval by the plan approval authority. Such design standards shall not extend beyond the scope of the elements explicitly permitted under 760 CMR 59.04(1)(f). Design standards shall be limited to 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.

Purpose. The design standards are adopted to ensure that the physical character of projects within the SGOD:

Will be complementary to nearby buildings and structures;

Will be consistent with the master plan for the Melone property or any other plan document adopted by the Town; and

Will provide for high-density, quality development consistent with the character of building types, streetscapes, and other community features traditionally found in densely settled areas of the Town or in the region of the Town.

DHCD approval. After adopting design standards, the approval authority 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 approval authority shall also 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 shall not constitute sufficient documentation. At its discretion, DHCD may disapprove design standards if it finds that the approval authority has not adopted objective design standards or has not submitted such documentation.

Plan approval. An application for plan approval that has been submitted to the Town Clerk pursuant to this Section 4700B shall not be subject to design standards that have not been approved by DHCD and filed with the Town Clerk.

N Fair housing requirement.

All development projects within the district shall comply with applicable federal, state and local fair housing laws.

O Annual update.

On or before July 31 of each year, the Select Board shall file an annual update with information provided by the property owner to DHCD in a form to be prescribed by DHCD. The annual update shall contain all information required in 760 CMR 59.07, as may be amended from time to time, and additional information as may be required pursuant to MGL c. 40S and accompanying regulations. The Town Clerk shall maintain a copy of all updates transmitted to DHCD pursuant to this bylaw, with said copies to be made available upon request for public review.

P Notification of issuance of building permits.

Upon issuance of a residential building permit within the district, the Building Inspector of the Town of Sudbury shall cause to be filed an application to the DHCD, in a form to be prescribed by DHCD, for authorization of payment of a one-time density bonus payment for each residential building permit pursuant to MGL 40R. The application shall contain all information required in 760 CMR 59.00 and additional information as may be required pursuant to MGL c. 40S and accompanying regulations. The Town Clerk shall maintain a copy of all such applications transmitted to DHCD pursuant to this bylaw, with said copies to be made available upon request for public review.

Q When effective.

The effective date of this bylaw shall be the date on which such adoption is voted upon by Town Meeting pursuant to the requirements of MGL c. 40A, § 5, and MGL c. 40R; provided, however, that an applicant may not proceed with construction pursuant to this bylaw prior to the receipt of final approval of this bylaw and accompanying Zoning Map by both the DHCD and the Office of the Massachusetts Attorney General.

R Severability.

If any provision of this Section 4700B is found to be invalid by a court of competent jurisdiction, the remainder of Section 4700B shall not be affected but shall remain in full force. The invalidity of any provision of this Section 4700B shall not affect the validity of the remainder of the Sudbury Zoning Bylaw.

A Purpose.

The purpose of the Multi-family Overlay District (MFOD) is to allow multifamily housing as of right in accordance with Section 3A of the Zoning Act (MGL c. 40A). This zoning provides for as-of-right multifamily housing to accomplish the following purposes, to the maximum extent feasible:

Encourage the production of a variety of housing sizes and typologies to provide equal access to new housing throughout the community for people with a variety of needs and income levels.

Locate housing within reasonable distance of public transit to promote general public health, reduce the number of vehicular miles traveled, support economic development, and meet community-based environmental goals, including reducing greenhouse gases and improving air quality.

Preserve open space in a community by locating new housing within or adjacent to existing developed areas and infrastructure.

Support public investment in public transit and pedestrian- and bike-friendly infrastructure.

Increase the municipal tax base through private investment in new residential developments.

B Establishment and applicability.

This MFOD is an overlay district having a land area of approximately 52 acres in size that is superimposed over the underlying zoning districts and overlay districts and is shown on the Zoning Map.

Applicability of MFOD. An applicant may develop multifamily housing located within an MFOD in accordance with the provisions of this Section 4700C.

Overlay district. The MFOD is an overlay district superimposed on underlying zoning districts and overlay districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the respective underlying zoning districts shall remain in full force, except for uses allowed as of right or by special permit in the MFOD. Uses that are not identified in Section 4700C are governed by the requirements of the underlying zoning districts and overlay districts. Any MFOD project shall comply with Section 4200, Water Resource Protection Overlay Districts, to the maximum extent practicable.

The MFOD shall consist of the following parcels of land:

Assessor Map K07, Parcel 0023.

ii.

Assessor Map K07, Parcels 0024.

iii.

Assessor Map C12, Parcel 0100.

The alteration of MFOD subdistrict boundaries must be approved at Town Meeting by an amendment to this Zoning Bylaw and the Zoning Map.

Subdistricts. The MFOD consists of the following subdistricts, all of which are shown on the MFOD Boundary Map:

MFOD I.

MFOD II.

Exclusions: nonapplicable sections of the Zoning Bylaw. To comply with the requirements and guidelines for MGL c. 40A, § 3A, the following sections of the Zoning Bylaw do not apply to any multifamily housing uses allowed by right or mixed-use development allowed by right or by special permit in the MFOD.

Section 4200, Water Resource Protection Overlay Districts.

Section 5600, Inclusion of Affordable Housing.

C Permitted uses.

Uses permitted as of right. The following uses are permitted as of right within the MFOD:

Multifamily residential.

Mixed-use development. As-of-right uses in a mixed-use development are as follows:

Ground floor

Community space

Educational uses

Personal service establishment

Retail stores and service establishments not elsewhere set forth

Restaurant

Business or professional office

Artists' studios, maker space, and small-scale food production no more than 5,000 square feet, and retail associated with each use

Any floor

Residential (required component)

Open spaces uses.

All areas unoccupied by buildings or structures, including, without limitation, areas containing utilities and/or stormwater infrastructure; paths; outdoor ice rinks, farmers' markets, music festivals, and other seasonal outdoor uses and facilities; and green, landscaped, and open space areas. Parking areas are not considered open space.

Accessory uses. The following are considered accessory as of right to any of the permitted uses in Subsection C1:

Parking, including surface and parking within the primary structure such as a first-floor or underground parking garage on the same lot as the principal use.

Uses permitted by special permit. The following uses and accessory uses require a special permit from the Planning Board:

Accessory structures to multifamily dwellings are allowed by special permit from the Planning Board.

Prohibited uses. Any use(s) not expressly allowed either under Section 4700C, Subsection C1, or within the underlying zoning districts and overlay districts shall be prohibited unless the Building Inspector determines that such use is substantially similar in both its characteristics and its impact on abutting properties to a use listed as permitted as of right under Section 4700, Subsection C1, or within the underlying zoning district(s).

D Dimensional standards and other requirements.

Table of dimensional standards.

Dimension	Multi-family Overlay District I	Multi-family Overlay District II
Maximum lot coverage (%)	50	50
Maximum building coverage (%)	30	35
Maximum height	3 stories, 45 feet	3 stories, 45 feet
Maximum height	4 stories or 60 feet may be permitted by Planning Board	4 stories or 60 feet may be permitted by Planning Board
Front setback (feet)	30	100
Side setback (feet)	20	20
Rear setback (feet)	30	30

Density requirements. New residential development or residential components of mixed-use development shall be constructed at a maximum density of 15 units per acre.

Subdivision. The owner of any lot shown on an approved site plan will be entitled to lawfully divide such lot, including, without limitation, by virtue of plans endorsed by the Planning Board pursuant to MGL c. 41, § 81P, without modifying the approved site plan and without need for other approvals under Section 4700C, provided that any such lot must have a minimum frontage of 50 feet at the street line and a minimum lot area of 40,000 square feet.

E Off-street parking.

These parking requirements are applicable to development in the MFOD.

Number of parking spaces. The following off-street parking space numbers shall be permitted by use, either in surface parking or within garages or other structures:

Use	Required Spaces
Residential uses	A maximum of 2 spaces per dwelling unit
Nonresidential uses	See Section 3100, Parking Standards

Parking reduction. Developments in the MFOD may be approved to have a reduced number of parking spaces, if the site plan review authority finds the proposed parking to be adequate for the development's requirements. In making such a determination, the site plan review authority shall assess factors like complementary uses, transportation demand management (TDM) measures, shared parking arrangements, vehicle-share arrangements, the provision of a shuttle service, electric vehicle charging stations, and access to alternative modes of transportation.

Number of bicycle parking spaces. The following minimum numbers of covered bicycle storage spaces shall be provided by use:

Use	Minimum Spaces
Residential uses	1 space per every 2 dwelling units
Nonresidential uses	1 space for every 10 parking spaces

Bicycle storage. For a multifamily development of 10 units or more or a mixed-use development of 25,000 square feet or more, required residential bicycle parking spaces shall be enclosed within the structure of the primary building(s).

Shared parking within a mixed-use development. Parking requirements for a mix of uses on a single site may be adjusted through the site plan review process if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies.

EV charging stations. For all uses within the MFOD, at least 10% of the parking spaces shall be made EV-ready, with electric vehicle supply equipment (EVSE) in place for future development of charging stations. The appropriate count and type(s) of charging stations shall be determined at the discretion of the Planning Board during the site plan review process.

Transit/shuttle service. The site shall contain an appropriate number of locations for a bus and/or shuttle to stop, pick up/unload passengers, and not impede traffic and will provide a commuter shuttle from the development to the geographically closest commuter rail station during peak AM and PM commuter hours.

These location(s) must:

Include a shelter structure with at least three sides, large enough to provide coverage for a minimum of five individuals;

ii.

Provide an accessible pedestrian access path from all adjacent buildings;

iii.

Be cleared of snow and ice during inclement weather; and

iv.

Be maintained for the life of the development.

F General development standards.

These standards are components of the site plan review process for development permitted under Section 4700C.

Site design.

Connections. Sidewalks shall provide a direct connections among building entrances, the public sidewalk or right-of-way, bicycle storage, and parking.

Vehicular access. Curb cuts shall be minimized and driveways shared, where feasible.

Open space. Open space uses include parks, playgrounds, landscaped areas, athletic fields, and areas left in their natural condition.

Screening for parking. Surface parking adjacent to a public sidewalk or residential use shall be screened by a landscaped buffer of sufficient width to allow the healthy establishment of trees, shrubs, and perennials, but no less than six feet. The buffer may include a fence or wall of no more than three feet in height unless there is a significant grade change between the parking and the sidewalk.

Plantings. Plantings will be only species native to this region. Those plants listed on the Massachusetts Prohibited Plant List, as amended, will be prohibited.

Lighting. Light levels shall meet or exceed the minimum design guidelines defined by the Illuminating Engineering Society of North America (IESNA) and shall provide illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties and reducing the amount of sky glow. Where applicable, lighting shall be Dark Sky compliant (directed downward and using full cutoff fixtures).

Mechanicals. Mechanical equipment at ground level shall be screened by a combination of fencing and evergreen plantings. Rooftop mechanical equipment shall be screened if visible from a public right-of-way.

Dumpsters. Dumpsters shall be screened by a combination of fencing and evergreen plantings. Where possible, dumpsters or other trash and recycling collection points shall be located within the building.

Stormwater management. Strategies that demonstrate compliance of the construction activities and the proposed project with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, Chapter 252 of Sudbury's General Bylaws, and, if applicable, additional requirements under the Sudbury MS4 permit for projects that disturb more than one acre, and an operations and management plan for both the construction activities and ongoing post-construction maintenance and reporting requirements.

Buildings: general.

Position relative to principal street. The primary building shall have its principal facade and entrance facing the principal street. See also Subsection F7, Buildings: corner lots.

Entries. Entries shall be clearly defined and linked to a paved pedestrian network that includes the public sidewalk.

Buildings: multiple buildings on a lot.

For a mixed-use development, uses may be mixed within the buildings or in separate buildings.

Parking and circulation on the site shall be organized so as to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.

A paved pedestrian network shall connect parking to the entries to all buildings and the buildings to each other.

The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building facade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.

The building(s) adjacent to the public street shall have a pedestrian entry facing the public street.

Buildings: mixed-use development.

In a mixed-use building, access to and egress from the residential component shall be clearly differentiated from access to other uses. Such differentiation may occur by using separate entrances to or egresses from the building or within a lobby space shared among different uses.

Paved pedestrian access from the residential component shall be provided to residential parking and amenities and to the public sidewalk, as applicable.

Materials for nonresidential uses shall be stored inside or outside within an enclosure, screened from view, and secured.

Buildings: shared outdoor space. Multifamily housing and mixed-use development shall have common outdoor space that all residents can access. Such space may be located in any combination of ground floor, courtyard, rooftop, or terrace.

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.

Such entries shall be connected by a paved surface to the public sidewalk, if applicable.

All facades visible from a public right-of-way shall be treated with similar care and attention in terms of entries, fenestration, and materials.

Fire exits serving more than one story shall not be located on either of the street-facing facades.

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 Section 4700C, Subsection D, Dimensional standards and other requirements. 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 location to the principal building facade.

Surface parking. Surface parking shall be located to the rear or side of the principal building. Parking shall not be located in the setback between the building and any lot line adjacent to the public right-of-way.

Integrated garages. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.

Parking within a building. Buildings with parking within the building envelope shall have shall have programed screening on the primary facade and architectural screening on the remaining sides.

10.

Waivers. Upon the request of the applicant and subject to compliance with the compliance guidelines, the site plan review authority may waive the requirements of this Section 4700C, Subsection F, General development 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 MFOD, the Sudbury Master Plan, as amended, and the overall benefit of the residents of the Town of Sudbury.

G Site plan review.

Applicability. All projects developed using the MFOD shall be subject to the site plan review procedures as detailed in Section 6300. The site plan review and approval authority for the MFOD shall be the Planning Board.

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 build-out 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 Section 4700C, Subsection H, Affordability requirements, or any other local, state, or federal permitting process.

Issuance of building permit. The proponent shall submit a building permit application and such other materials and fees as may be required to the Building Inspector, and a building permit may thereafter be issued for the approved project or any individual component thereof. Building permits may be sought and issued for individual components of an approved project.

Water Resources Protection Districts. Any MFOD project shall comply with Section 4200, Water Resource Protection Overlay Districts, to the maximum extent practicable. Residential projects and residential components of mixed-use projects in the MFOD are exempt from any special permitting processes required in Section 4200.

H Affordability requirements.

Purpose.

Promote the public health, safety, and welfare by encouraging a diversity of housing opportunities for people of different income levels;

Provide for a full range of housing choices for households of all incomes, ages, and sizes;

Increase the production of affordable housing units to meet existing and anticipated housing needs; and

Work to overcome economic segregation, allowing Sudbury to be a community of opportunity in which low- and moderate-income households have the opportunity to advance economically.

Applicability. This requirement is applicable to all residential and mixed-use developments with 10 or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion (applicable projects). No project may be divided or phased to avoid the requirements of this section.

Affordability requirements. All units affordable to eligible households earning 80% or less of AMI created in the MFOD under this section must be eligible for listing on EOHLC's Subsidized Housing Inventory. The affordability of such units shall be assured in perpetuity by an affordable housing restriction.

Provision of affordable housing. In applicable projects, not fewer than 10% of housing units constructed shall be affordable housing units. For purposes of calculating the number of units of affordable housing required within a development project, a fractional unit shall be rounded down to the next whole number. The affordable units shall be available to households earning income up to 80% of the AMI.

Development standards.

Affordable units shall be:

Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;

ii.

Dispersed equitably throughout the development;

iii.

Located such that the units have equal access to shared amenities, including light and air, utilities (including any bicycle storage and/or electric vehicle charging stations), storage, and views within the development;

iv.

Located such that the units have equal avoidance of any potential nuisances as market-rate units within the development;

Distributed proportionately among unit sizes; and

vi.

Distributed proportionately across each phase of a phased development.

Occupancy permits may be issued for market-rate units prior to the end of construction of the entire development, provided that occupancy permits for affordable units are issued simultaneously on a pro rata basis.

I Severability.

If any provision of this Section 4700C is found to be invalid by a court of competent jurisdiction, the remainder of Section 4700C shall not be affected but shall remain in full force. The invalidity of any provision of this Section 4700C shall not affect the validity of the remainder of the Town of Sudbury's Zoning.

MAPS

Multi-family Overlay District

Multi-family Overlay District (Sub-District I)

Multi-family Overlay District (Sub-District II)

4810 Purpose.

This section is intended to define the parameters for the installation of new solar energy systems by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such systems that address public safety and minimize undesirable impacts on residential property and neighborhoods, as well as scenic, natural, and historic resources.

4820 Applicability.

No solar energy system shall be erected or installed except in compliance with the provisions of this section and other applicable sections of the Zoning Bylaw, as well as state and federal law. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment throughout the useful life of the system or where alterations may impact abutters.

4830 Roof-mounted installations.

4831.

Solar energy systems installed on roofs of buildings or structures shall conform to the following provisions:

Roof-mounted solar energy systems of any size on single- and two-family dwellings are permitted as of right and are not subject to site plan review under Section 6300.

Roof-mounted solar energy systems of any size on multifamily dwellings and all nonresidential buildings are permitted as of right, but shall require site plan review under Section 6300 prior to being erected.

Roof-mounted solar energy systems which require site plan review may, at the discretion of the Planning Board, obtain minor site plan approval under Section 6370.

Roof-mounted solar energy systems shall only be constructed within the footprint of the building upon which they are installed.

4840 Ground-mounted installations.

4841.

Ground-Mounted Solar Energy Systems shall conform to the following provisions.

Ground-mounted solar energy systems shall require site plan review under Section 6300 prior to being erected. Systems which also require a special permit from the Zoning Board of Appeals shall require site plan review prior to submitting an application for a special permit.

Ground-mounted solar energy systems may, at the discretion of the Planning Board, obtain minor site plan approval under Section 6370. Systems proposed to be located over parking or other vehicular areas, in lieu of naturally vegetated land, are strongly encouraged to seek this form of site plan review.

All setback, yard, buffer, and screening requirements applicable in the zoning district in which the ground-mounted solar energy system, and all related structures, buildings, and equipment, are located shall apply, except for power feed and distribution lines.

Ground-mounted solar energy systems proposed to be located in the area between a property's lot frontage and an existing or proposed building shall require a special permit from the Zoning Board of Appeals.

All security fences surrounding a ground-mounted solar energy system shall be set back from property lines a distance equal to the setback requirement applicable to buildings within the zoning district in which the system is located.

The visual impact of a ground-mounted solar energy system, including all accessory structures, buildings, equipment, and appurtenances, shall be mitigated. All accessory structures, buildings, equipment, and appurtenances shall be architecturally compatible with each other. Whenever reasonable, structures shall be shielded from view by vegetation and/or joined and clustered to avoid adverse visual impacts. Methods such as the use of landscaping, natural features, and fencing shall be utilized.

Wherever possible, all utility connections, conduits, cables, power lines, transformers, and inverters shall be placed underground unless specifically permitted otherwise by the Planning Board or required by the State Building Code. Electrical transformers and inverters to enable utility interconnections may be above ground if required by the utility provider.

The clearing of existing vegetation on the subject property shall be limited to what is necessary as deemed by the Planning Board for the construction, operation, and maintenance of a ground-mounted solar energy system or otherwise prescribed by applicable laws, regulations, and bylaws.

The entire square footage for the arrays of a Ground-Mounted Solar Energy System shall count toward the area of disturbance and impervious area square footage calculations.

Ground-mounted solar energy system owners or operators shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief. The owner or operator shall provide an emergency response plan. The emergency response plan is subject to the approval of the Fire Department and Police Department and shall include, at a minimum, explicit instructions on all means of shutting down the solar energy system, which shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

Applicants for large-scale ground-mounted solar energy systems shall provide a form of surety (decommissioning security), either through escrow account, bond, letter of credit, or other mechanism acceptable to the Planning Board, to cover the cost of removal of all solar energy system facilities in the event the Town must remove the facilities and restore the property, to the extent feasible, to its original condition. The decommissioning security shall be in an amount and form determined to be reasonable by the Planning Board, but in no event to exceed more than 150% of the estimated cost of removal and compliance with the additional requirements set forth herein. Applicants shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer, which estimate may be peer reviewed by a consultant selected by the Planning Board at the applicant's expense. The amount shall include a mechanism for calculating increased removal costs due to inflation over a period of 30 years. The decommissioning security shall be provided at completion of construction of the solar energy system (bonding date) and will be required before any electricity generated by the solar energy system is exported to the local electrical grid for sale to third parties. From and after the bonding date, the amount of decommissioning security may be reviewed at the Planning Board's direction every five years. In the event such review indicates the net decommissioning costs have increased since the bonding date, then the amount of the decommissioning security will be increased consistent with such revised estimate. The revised estimate will be obtained from a reputable, independent contractor selected by the owner of the solar energy system and may be peer reviewed by a consultant chosen by the Planning Board at the owner's expense.

4850 Use regulations for all solar energy systems.

Lighting shall not be permitted unless required by the special permit/site plan granting authority or State Building Code. Where used, lighting shall be directed downward and full cut-off fixtures (dark-sky compliant) shall be used.

The solar energy system shall not create a nuisance which is discernible from other properties by virtue of noise, vibration, smoke, dust, odors, heat, glare and radiation, unsightliness, or other nuisance as determined by the special permit/site plan granting authority.

The solar energy system owner or operator shall maintain the system in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, continued compliance with landscaping and screening requirements, and integrity of security measures. The owner or operator shall be responsible for the maintenance of any access roads serving the system to a level acceptable to the local Fire Chief, Police Chief, Emergency Medical Services, and Building Inspector. Any required site plan approval and/or special permit may require surety to secure such ongoing maintenance.

4860 Discontinuance.

A solar energy system shall be deemed to have been discontinued if it has not been in service for a continuous twelve-month period without the written consent of the Planning Board. Upon receipt of a notice of discontinuance from the Building Inspector, the owner shall have the right to respond to the notice within 30 days of receipt. The Building Inspector shall withdraw the Notice of discontinuance and notify the owner the notice has been withdrawn if the owner provides information that demonstrates to the satisfaction of the Building Inspector the solar energy system has not been discontinued. If the solar energy system is determined to be discontinued, the owner shall remove the system, including all structures, buildings, equipment, appurtenances, security barriers, and transmission lines, and stabilize or revegetate the site as necessary to minimize erosion and sedimentation, at the owner's sole expense, within six months of receipt of the notice of discontinuance. Should the owner of the solar energy system fail to remove the system and stabilize the site within said time period, the Town shall then have the option to enforce against the decommissioning security and/or may subject the owner to action pursuant to Section 1340, Violations and penalties.

4870 Administration.

Where a special permit is required from the Zoning Board of Appeals to erect or install a ground-mounted solar energy system, the record owner desiring to erect or install the solar energy system shall file with the Zoning Board of Appeals an application for a special permit, together with such plans, drawings, specifications, fees, and additional information as required by the Zoning Board of Appeals.

The Zoning Board of Appeals shall have the authority to waive specific provisions of this section upon a determination the waiver is not inconsistent with the purpose and intent of this section.

The Zoning Board of Appeals shall conduct its review, hold a public hearing, and file its decision with the Town Clerk as required by MGL c. 40A, § 9.

Approval criteria. Before the Zoning Board of Appeals may issue a special permit, it shall determine each of the following:

The ground-mounted solar energy system conforms to the provisions of this section.

ii.

The ground-mounted solar energy system will not be detrimental to the neighborhood or the Town.

iii.

Environmental features of the site and surrounding areas are protected and the surrounding area will be protected from the proposed use by provision of adequate surface water drainage.

iv.

The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw.

The ground-mounted solar energy system meets the special permit criteria of Section 6220.

Any special permit shall be subject to such conditions and safeguards as the Zoning Board of Appeals may prescribe.

In reviewing any application for a special permit, the Zoning Board of Appeals shall give due consideration to promoting the public health, safety, convenience, and welfare; shall encourage the most appropriate use of land; and shall permit no building or use that is detrimental or offensive to the adjoining zoning districts and neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials, or other visual nuisances.

4880 Severability.

If any provision of this Section 4800 is declared invalid or unenforceable, the other provisions shall not be affected thereby.

ARTICLE 1000

Purpose and Administration

ARTICLE 2000

Use, Dimensional and Timing Regulations

ARTICLE 3000

General Regulations

ARTICLE 4000

Special Regulations

4100 Floodplain Overlay District
4200 Water Resource Protection Overlay Districts
4300 Wireless Services Overlay District
4400 Open Space District
4600 Medical Marijuana Treatment Centers
4700 Mixed-Use Overlay District
4700A North Road Residential Overlay District
4700B Melone Smart Growth Overlay District
4700C Multi-Family Overlay District
4800 Solar Energy Systems

ARTICLE 5000

Alternative Residential Regulations

ARTICLE 6000

Procedures

ARTICLE 7000

Definitions

Additional Zoning

Details

Sudbury City Zoning Code

ARTICLE 4000

Special Regulations

[Amended 9-12-2020 ATM by Art. 37]

4110 Purpose.

4120 Overlay district.

4130 Location.

[Amended 4-6-2010 ATM by Art. 20; 5-7-2014 ATM by Art. 40; 5-6-2024 ATM by Art. 31]

The Floodplain Overlay District shall consist of the several areas shown as floodplains on the following described maps or as otherwise described:

Floodplain Boundaries

Floodway Data

4140 Prohibited uses or activities.

Except as otherwise provided herein, the following uses or activities are prohibited in the Floodplain Overlay District:

4141.

4142.

4143.

[Amended 4-6-2010 ATM by Art. 20; 5-7-2014 ATM by Art. 40]

4150 Permitted uses in Floodplain Overlay District.

The following uses, insofar as permitted in Single Residence Districts, are permitted as a matter of right, subject to the following provisions:

4151.

Conservation of soil, water, plants and wildlife;

4152.

Outdoor recreation, including play and sporting areas, nature study, boating, fishing and hunting where otherwise legally permitted;

4153.

4154.

Grazing, farming, nurseries, truck gardening and harvesting of crops;

4155.

Forestry;

4156.

Any religious use or any educational use which is religious, sectarian, denominational or public as provided for by MGL c. 40A, § 3;

4157.

Uses accessory to residential or other primary uses, such as flower or vegetable gardens, lawns, pasture or forestry areas.

4160 Uses available by special permit in Floodplain Overlay District.

4161.

Duck walks and boat landings.

4162.

Appropriate municipal uses such as waterworks, pumping stations and parks;

4163.

Temporary storage of materials or equipment, but in no event to exceed three months;

4164.

4165.

4166.

4170 Special permit procedures.

4180 Other requirements.

4181.

Massachusetts State Building Code as to floodplain and coastal high hazard areas (currently 780 CMR);

[Amended 5-7-2014 ATM by Art. 40]

4182.

Wetlands Protection Regulations, Department of Environmental Protection, DEP (currently 310 CMR 10.00);

4183.

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

[Amended 5-7-2014 ATM by Art. 40]

4184.

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15.00, Title 5);

4185.

Chapter 283, Wetlands, of the Code of the Town of Sudbury;

4210 Purpose.

4211.

4212.

4220 Overlay district.

4221 (Reserved) [1]

[1]

Editor's Note: Original Section 4221 was moved to Article 7000 4-11-2005 ATM by Art. 40.

4230 Location.

[Amended 5-6-2024 ATM by Art. 31]

4231.

4240 Use regulations, Zone II.

4241.

The following uses are permitted within Water Resource Protection Districts, Zone II, subject to Subsection 4242:

Conservation of soil, water, plants and wildlife;

Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;

Footpaths, bicycle and/or horse paths and bridges;

Normal operation and maintenance of existing water bodies and dams, splashboards, and other water-control, supply and conservation devices;

Stockpiling of snow containing road salt or other deicing chemicals in accordance with current DEP Snow Removal Guidelines.

4242.

The following uses are specifically prohibited within Water Resource Districts, Zone II:

[Amended 5-6-2024 ATM by Art. 31]

Storage of hazardous or toxic materials, as defined in Section 7110 of this bylaw, in quantities greater than household use except pursuant to Subsection 4243j;

[Amended 5-6-2024 ATM by Art. 31]

Stockpiling of snow containing road salt or other deicing chemicals that are brought into any particular Zone II from outside that particular aquifer district;

Underground storage tanks;

Facilities that generate, treat, store, or dispose of hazardous waste, except where a special permit is granted pursuant to Subsection 4243k;

Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;

Individual on-site sewage disposal systems (in compliance with Title V of the State Environmental Code) shall be prohibited in accordance with the following provisions:

Area	Prohibition
Zone II of Well No. 5 (Route 117 well)	Single- or multifamily residences discharging greater than 550 gpd per 40,000 square feet of lot area^1,2,3
All Zone II Areas	Business, industrial, research or institutional uses discharging more than 1,000 gpd per 40,000 square feet of lot area³

¹	On residentially zoned lots legally in existence as of the original effective date of this bylaw, which contain less than 40,000 square feet of area, the discharge rate of any individual sewage disposal system shall be permitted up to a maximum limit of 550 gallons per day.
²	In cluster subdivisions, the total sewage flow allowed shall be calculated based on the number of percable lots in the entire parcel.
³	Requests to increase the capacity of individual sewage disposal systems and those proposed for undeveloped lots above this limit may be permitted upon a written certification of the Sudbury Board of Health that a valid nitrogen loading analysis approved by the DEP has been completed which demonstrates that the DEP drinking water performance goal for nitrates of 5 mg/L will not be exceeded in any present or proposed public water supply well, in the relevant Water Resource Protection Overlay District, if the capacity of all sewage disposal systems at full build-out in the relevant district were to increase their capacities to the proposed volume.

ii.

Earth removal or earthmoving shall be subject to the provisions set forth in Section 4260 of this bylaw;

Boat or motor vehicle service or repair shops, animal feedlots, car washes, heliports, commercial or bacteriological laboratories, establishments conducting dry cleaning on the premises;

Commercial establishments for manufacturing electronics or those for plating, finishing, etching or polishing electronics or metals;

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31 and has received a special permit under Subsection 4243l;

Industrial and commercial uses which discharge process wastewater on-site;

The use of septic system cleaners which contain toxic or hazardous materials;

[Amended 5-6-2024 ATM by Art. 31]

Any use that will render impervious more than 15% of any lot, or 2,500 square feet, whichever is greater, unless a special permit pursuant to Subsection 4243b has been granted.

4243.

Enlargement or alteration of preexisting uses prohibited by Subsection 4242 of this bylaw;

Storage of commercial fertilizers, as defined in MGL c. 128, § 64, within a structure demonstrated to prevent the generation and escape of contaminated runoff and leachate;

Printing or photo-processing operations which demonstrate that no hazardous materials or wastes shall in any way be stored or disposed of in a manner that may be dangerous to groundwater resources;

Storage of hazardous or toxic materials, as defined in Section 7110 of this bylaw, in quantities greater than normal household use, where storage is for or incidental to:

[Amended 5-6-2024 ATM by Art. 31]

Waste oil retention facilities required by statute, rule or regulation;

ii.

Emergency generators required by statute, rule or regulation;

iii.

Treatment works approved under 314 CMR 5.00 for treatment of groundwater or surface waters; or

iv.

And provided that storage is:

i. Above ground level;

ii. On an impervious surface; and

Facilities that generate and store hazardous waste for off-site disposal, by the following:

Very-small-quantity generators as defined under 310 CMR 30.00;

ii.

Household hazardous waste collection centers and events under 310 CMR 30.390;

iii.

Waste oil retention facilities required by MGL c. 21, § 52A;

iv.

Water remediation treatment works approved under 314 CMR 5.00;

Storage of sludge and septage which is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

The following treatment works that are subject to 314 CMR 5.00:

The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works;

ii.

The replacement of existing subsurface sewage disposal system(s) with wastewater works that will not result in a design capacity greater than the design capacity of the existing system(s);

iii.

Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater;

iv.

Uses allowed as of right or by special permit in the underlying zoning district which are not listed in Subsection 4241 or 4242.

[Added 5-2-2023 ATM by Art. 38]

4250 Use regulations, Zone III.

4251.

The following uses are permitted within Water Resource Protection Districts, Zone III, subject to Subsection 4252:

Conservation of soil, water, plants and wildlife;

Outdoor recreation, nature study, boating, fishing and hunting where otherwise legally permitted;

Footpaths, bicycle and/or horse paths and bridges;

Normal operation and maintenance of existing water bodies and dams, splashboards, and other water control, supply and conservation devices;

Residential development, as permitted in the underlying district;

Farming, gardening, nursery, conservation, forestry, harvesting, or grazing, provided that agricultural chemicals, including, but not limited to, fertilizers, herbicides, pesticides, manure or other leachable materials, are not stored or used in any manner which may adversely affect the Water Resource Protection Districts and provided that such applicable uses are carried out in accordance with a state approved farm or forestry plan;

4252.

The following uses are specifically prohibited within Water Resource Protection Overlay Districts, Zone III:

Storage of hazardous or toxic materials, as defined in Section 7110 of this bylaw, in quantities greater than household use except pursuant to Subsection 4253h;

[Amended 5-6-2024 ATM by Art. 31]

Manufacturing of hazardous or toxic materials;

Facilities that generate, treat, store, or dispose of hazardous waste, except where a special permit is granted pursuant to Subsection 4253i;

Industrial uses which discharge process liquids on-site;

Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;

[1]

Editor's Note: See 310 CMR 15.00.

Commercial establishments for manufacturing electronics or those for plating, finishing, etching or polishing electronics or metals;

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31 and has received a special permit under Subsection 4253j;

The use of septic system cleaners which contain toxic or hazardous materials;

[Amended 5-6-2024 ATM by Art. 31]

Permanent removal or regrading of the existing soil cover, except for excavations for:

Building foundations;

ii.

Roads or utility works; or

iii.

The high groundwater elevation may be determined by:

i. Direct observation of subsurface conditions in test pits witnessed by a certified soils evaluator using current Title 5 criteria; or

Earth removal or earthmoving shall be subject to the provisions set forth in Section 4260 of this bylaw.

4253.

Enlargement or alteration of preexisting uses prohibited by Subsection 4252 of this bylaw;

Storage of commercial fertilizers, as defined in MGL c. 128, § 64, provided such storage is within a structure demonstrated to prevent the generation and escape of contaminated runoff and leachate;

Storage of hazardous or toxic materials, as defined in Section 7110 of this bylaw, where storage is for or incidental to:

[Amended 5-6-2024 ATM by Art. 31]

Waste oil retention facilities required by statute, rule or regulation;

ii.

Emergency generators required by statute, rule or regulation;

iii.

Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters; or

iv.

And provided that storage is:

i. Above ground level;

ii. On an impervious surface; and

Facilities that generate and store hazardous waste for off-site disposal, by the following:

Very small quantity generators as defined under 310 CMR 30.00;

ii.

Household hazardous waste collection centers and events under 310 CMR 30.390;

iii.

Waste oil retention facilities required by MGL c. 21, § 52A;

iv.

Water remediation treatment works approved under 314 CMR 5.00;

Storage of sludge and septage, which is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

Uses allowed as of right or by special permit in the underlying zoning district which are not listed in Subsection 4251 or 4252.

[Added 5-2-2023 ATM by Art. 38]

4260 Earth removal or earthmoving in Water Resource Protection Overlay District: procedures and conditions.

4261.

Conditions. Special permits granted under this Section 4200 involving excavation must be made subject to the following conditions, said conditions to be written in the permit and made a part thereof:

That areas that have been compacted by heavy machinery shall be scarified to a depth of at least 12 inches before topsoil is replaced;

[Amended 5-6-2024 ATM by Art. 31]

4270 Special permit procedures.

[Amended 5-6-2024 ATM by Art. 31]

4271.

4272.

(Reserved)

4273.

4274.

4275.

[1]

Editor's Note: So in original.

Is in harmony with the purpose and intent of the bylaw and will promote the purposes of the Water Resource Protection Overlay Districts;

Will not, during construction or thereafter, have an adverse environmental impact on any water body or watercourse in the district; and

Will not adversely affect an existing or potential water supply.

4280 Stormwater management.

4281.

4282.

4290 Other provisions.

4291.

4292.

4293.

4310 Purpose.

4320 Overlay district.

4330 Location.

The Wireless Services Overlay District shall consist of the following parcels of land:

4331.

Sudbury Landfill property, Assessor's Map No. K12, Parcel 002.

4332.

Former Melone property, Assessor's Map No. C12, parcel 100.

4333.

Sudbury Water District Borrow Pit, North Road, Assessor's Map No. C12, Parcel 004.

4334.

Raymond Road well field area, including Feeley Park and surrounding Town and Water District land, Assessor's Map Nos. L08, Parcels 001, 002, 008, 009, 010, 012 and M08, Parcel 021.

4335.

Highway Department property, Old Lancaster Road, Assessor's Map No. H08, Parcel 049.

4336.

All property and buildings owned by the Town of Sudbury, exclusive of school buildings, school properties and cemeteries.

Also included in the overlay district are all properties within Business, Limited Business, Village Business, Industrial, Limited Industrial, Industrial Park and Research Districts.

4340 Uses available as of right.

The following are allowed as-of-right in the overlay district, or elsewhere as specified, subject to Section 4360 and site plan review under Section 6300 of the Zoning Bylaw.

4341.

4342.

Roof-mounted wireless communications equipment is allowed in the overlay district if it meets the following conditions:

Height of Building	Max. Height of Equipment Above the Highest Point of the Roof	Required Setback From Edge of Roof or Building
More than 36 feet	12 feet above roof	1/2 foot for every foot of equipment height, including antenna
10-36 feet	10 feet above roof	1 foot for every foot of equipment height, including antenna

4343.

4344.

4345.

[Amended 5-4-2016 ATM by Art. 21]

4350 Uses available by special permit.

4351.

Freestanding monopoles shall be allowed only on those parcels in the overlay district which are listed in Subsections 4331 to 4336 herein.

[Amended 5-4-2011 ATM by Art. 21]

4352.

Freestanding monopoles shall be no higher than 100 feet.

4353.

The setback for a freestanding monopole shall be at least 125 feet from the property line.

4354.

No such tower or building exists.

The structural capacity of the existing tower or structure is inadequate and cannot be modified at a reasonable cost or the proposed equipment will interfere with the usability of existing equipment.

The owner of an appropriate building or structure has effectively denied permission to co-locate by unreasonable delay or commercially unreasonable terms or conditions.

The height of existing tower or structure in not adequate to permit the proposed equipment to function.

4355.

4360 Facility and site design criteria.

4361.

4362.

4363.

(Reserved)[1]

[1]

Editor's Note: Original Section 4363 was repealed 5-5-2011 ATM by Art. 21.

4364.

Existing on-site vegetation shall be preserved to the maximum extent practicable. Major topographical changes shall be avoided.

4365.

4366.

There shall be no signs, except for announcement signs, no-trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis.

4367.

Night-lighting of the facilities shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies and/or as required by the FAA.

4368.

4369.

4370 Submittal requirements.

4371.

[Amended 5-5-2011 ATM by Art. 21]

4372.

The following information prepared by one or more professional engineers:

A description of the facility and the technical, economic and other reasons for the proposed location, height and design.

Confirmation that the facility complies with all applicable federal and state standards.

A description of the capacity of the facility, including the number and type of panels, antenna and/or transmitter receivers that it can accommodate and the basis for these calculations.

4373.

4374.

4375.

4380 Exemptions.

The following types of uses are exempt from this Section 4300:

4381.

Towers, satellite dishes or antennas for noncommercial use are regulated under Subsection 2632 of the Zoning Bylaw.

4382.

4390 Select Board authority to lease Town-owned sites.

The Select Board may lease Town-owned property to facilitate the purposes of this bylaw.

4410 Purpose.

4420 Permitted uses within Open Space District.

The following uses are permitted within the Open Space District:

4421.

Conservation of soil, water, plants and wildlife;

4422.

Recreation, including nature study, boating and fishing, where otherwise legally permitted;

4423.

Grazing and farming, including truck gardening and harvesting and storage of crops;

4424.

Forestry;

4425.

4426.

Any religious use or any educational use which is religious, sectarian, denominational or public as provided for by MGL c. 40A.

4430 Uses permitted by special permit within Open Space District.

4431.

Boa houses, duck walks, landings and small structures for noncommercial recreational uses;

4432.

Municipal uses such as water works, pumping stations and parks;

4433.

Temporary storage of materials or equipment but in no event to exceed three months;

4434.

4440 Restrictions.

Except as provided above, there shall be in the Open Space District:

4441.

No landfilling or dumping in any part of the district;

4442.

No building or structure, except as provided herein;

4443.

No permanent storage of materials or equipment;

4610 Purpose.

4620 General regulations.

4621.

Schools, including a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university;

Licensed child-care facilities;

Public libraries;

Public playgrounds and public parks;

Public or private youth centers, recreational fields or recreational facilities;

Public swimming pools; or

4622.

4623.

Location waiver. The distance requirement may be reduced by up to 25%, but only if:

The applicant demonstrates that the medical marijuana treatment center would otherwise be effectively prohibited within the municipality;

[Amended 5-6-2024 ATM by Art. 31]

4624.

Other restrictions.

No medical marijuana treatment center may remain open for business past 9:00 p.m.

There shall be no use of products or sampling of products at a medical marijuana treatment center.

4630 Procedure.

4631.

Application. In submitting an application to the Planning Board, the applicant shall include:

A copy of its registration as a medical marijuana treatment center from the Massachusetts Department of Public Health (DPH);

Detailed site plans that include the following information:

Compliance with the requirements for parking and loading spaces calculated separately for each area of use identified in the floor plans;

ii.

Compliance with all dimensional requirements of Section 2600, and all other provisions of this bylaw;

iii.

Design and appearance of proposed buildings, structures, signs, screening and landscaping; and

iv.

Compliance with the special permit criteria set forth in Section 6220 of the Zoning Bylaw.

A description of the security measures, including employee security policies, approved by DPH for the medical marijuana treatment center;

A copy of the emergency procedures approved by DPH for the medical marijuana treatment center;

A copy of the policies and procedures for patient or personal caregiver home-delivery approved by DPH for the medical marijuana treatment center;

A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between medical marijuana treatment centers approved by DPH;

A copy of proposed waste disposal procedures; and

A description of any waivers from DPH regulations issued for the medical marijuana treatment center.

4632.

4633.

4640 Special permit conditions on medical marijuana treatment centers.

4641.

Hours of operation, including dispatch of home deliveries;

4642.

[Amended 5-6-2024 ATM by Art. 31]

4643.

4644.

4645.

4646.

The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the medical marijuana treatment center.

4647.

The special permit shall lapse upon the expiration or termination of the applicant's registration by DPH.

4648.

4650 Exemption from medical marijuana treatment center special permit requirement.

4660 Prohibition against nuisances.

4670 Severability.

4710 Purpose.

4720 Overlay district.

4721.

4722.

The Mixed-Use Overlay District shall consist of the following parcels of land: 526 and 528 Boston Post Road, Assessor Map K07, Parcels 0011 and 0013.

4723.

4730 Definitions.

As used in Section 4700, the following terms shall be defined:

MASTER DEVELOPMENT PLAN

A master development plan approved at Town Meeting in accordance with Section 4700.

MUOD PROJECT

A project that is depicted on a master development plan.

MUOD PROJECT AREA

The geographic area for a project delineated on a master development plan.

PROPONENT

The applicant or developer of a proposed MUOD project or any phase or portion thereof.

RULES AND REGULATIONS

The rules and regulations adopted by the Planning Board for the administration of Section 4700.

4740 Master development plan.

4741.

A scalable development plan of the MUOD project, showing:

ii.

Proposed open space areas;

iii.

Location and width of the proposed roads and ways (including private ways and driveways);

iv.

Proposed setbacks of buildings to exterior property lines;

Proposed preliminary subdivision plan of land, if applicable.

A table showing the following information:

Total land area of the MUOD project area;

ii.

Total land area of each development or use area by acreage and percent of total lot area;

iii.

Total unit count for residential uses;

iv.

Parking schedule for each proposed use;

vi.

The MUOD project's conformance with the dimensional requirements contained in Section 4780;

vii.

The underlying zoning of the MUOD project area.

Elevations showing the planned architectural approach for the proposed structures;

Certified list of abutters within 300 feet of the MUOD project area;

Such other materials as may be required by the rules and regulations adopted pursuant to Subsection 4764.

4742.

4750 Modifications to approved master development plan.

Following approval at Town Meeting of a master development plan for an MUOD project, modifications to such master development plan may be made as follows:

4751.

Do not involve the construction of an additional building not included in the approved master development plan;

Do not increase by more than 5% the total gross floor area of any land use included in the approved master development plan;

Do not change the square foot percentage of land uses between commercial and residential uses by more than 5%;

Do not increase or decrease the proposed number of parking spaces by 5% of the total number approved; and

Do not alter the proposed roadways or access points significantly, as determined by the Planning Board.

4752.

Submittal requirements. An application for project modification review shall be filed with the Planning Board in the manner and quantity specified in the rules and regulations.

4753.

4760 Administration.

The following administrative regulations shall apply in the MUOD:

4761.

Required mitigation to address the impacts arising out of the use and occupancy of the MUOD project;

Restrictions on development areas and such other development limitations as may be agreed upon;

Proposed phasing of the MUOD project;

Obligations with respect to pedestrian and vehicular interconnectivity within and proximate to the MUOD project area to facilitate pedestrian access and parking efficiencies;

The authority of the Town to retain the necessary professionals at the proponent's expense to assist in their review of development applications.

4762.

Phased development. An approved MUOD project may be constructed in one or more phases in accordance with a construction management/phasing plan submitted pursuant to Subsection 4741.

4763.

4764.

4765.

4766.

4767.

4770 Uses.

4771.

Principal uses permitted as of right. The following principal uses shall be permitted as of right within the MUOD:

Commercial uses.

Bank, financial agency.

ii.

Business or professional office.

iii.

Child-care facility.

iv.

Drive-in establishments regularly dispensing merchandise or money from inside a building to persons outside, but excluding the dispensing of food or drink.

Major commercial project, provided no single building exceeds 45,000 gross square feet.

vi.

Medical center or clinic.

vii.

Nursing or convalescent homes and/or assisted care facilities, including facilities providing specialized care for residents needing memory care for dementia or other cognitive impairments.

viii.

Personal service establishment.

ix.

Restaurant.

Retail stores and services not elsewhere set forth.

Residential uses.

Open space uses.

Miscellaneous uses.

4772.

4773.

Accessory uses. The following accessory uses shall be permitted as of right:

Outdoor display, sales, and seating.

Automated teller machines (ATMs), kiosks and similarly sized service booths and detached structures.

Accessory off-street parking, whether at grade or in a covered garage, including overnight trailer parking accessory to and reasonably proximate to a commercial use.

4774.

[1]

Editor's Note: Appendix A is included as an attachment to this chapter.

4780 Dimensional standards and requirements.

Table of Dimensional Requirements
Maximum building height	3 stories; 45 feet (or 50 feet, in the case of pitched roofs); 4 stories, 60 feet if set back more than 500 feet from Boston Post Road
Maximum building coverage	30% of the MUOD project area as a whole
Minimum MUOD project area	100,000 square feet
Minimum MUOD project area street frontage	50 feet
Minimum front yard setback	20 feet
Minimum side yard setback	20 feet (see Subsection 4783)
Minimum rear yard setback	30 feet

4781.

4782.

4783.

4784.

4790 Parking and loading.

4790A Signs.

4790B Water Resource Protection Overlay District.

4791.

4791A.

4791B.

4792.

4792A.

4792B.

4793.

Shared parking. Shared parking arrangements shall be permitted and may be located on contiguous lots or on separate lots within the MUOD.

4793A.

4793B.

4794.

4795.

4710A Purpose.

4720A Overlay district.

[Amended 5-6-2024 ATM by Art. 31]

4730A Definitions.

As used in Section 4700A, the following terms shall be defined:

MASTER DEVELOPMENT PLAN

A master development plan approved at Town Meeting in accordance with Section 4700A.

NRROD PROJECT

A project that is depicted on a master development plan.

NRROD PROJECT AREA

The geographic area for a project delineated on a master development plan.

PROPONENT

The applicant or developer of a proposed NRROD project or any phase or portion thereof.

RULES AND REGULATIONS

The rules and regulations adopted by the Planning Board for the administration of Section 4700A.

4740A Master development plan.

A project developed pursuant to Section 4700A must have a master development plan adopted by a two-thirds vote of a Town Meeting.

4741A.

A plan of existing conditions showing the area of land proposed to be developed under Section 4700A, including topography and the location of existing roadways, buildings, other site improvements;

A map showing the general condition and topography, of the land and improvements located within 200 feet of the NRROD project area;

A scalable development plan of the NRROD project showing:

ii.

Proposed open space areas;

iii.

The location and width of the proposed roads and ways (including private ways and driveways);

iv.

Proposed setbacks of buildings to exterior property lines;

Proposed preliminary subdivision plan of land, if applicable;

vi.

Total unit and bedroom count for residential uses;

vii.

Total square footage and use type(s) of proposed commercial space.

Elevations showing the planned architectural approach for the proposed structures.

4742A.

Total land area of the NRROD project area;

A parking schedule for each proposed use;

The NRROD project's conformance with the dimensional requirements contained in Section 4780A;

Certified list of abutters within 300 feet of the NRROD project parcel(s); and

Such other materials as may be required by the rules and regulations adopted pursuant to Subsection 4764A or as may reasonably be requested by the Planning Board during the public hearing.

4743A.

4744A.

Planning Board decision.

4750A Modifications to approved master development plan.

Following approval at Town Meeting of a master development plan for an NRROD project, modifications to such master development plan may be made as follows.

4751A.

Do not increase by more than 5% the total gross floor area of any land use included in the approved master development plan;

Do not result in an increase in the number of dwelling units in the project;

Do not increase or decrease the proposed number of parking spaces by 5% of the total number approved;

Do not alter the proposed access points to the development from any public way significantly, as determined by the Planning Board;

Proposes a division of the NRROD project area that does not result in any violation of any of the foregoing minor modifications; or

Proposes a change in use from one permitted use under the RDORZ to another permitted use under the NRROD without any violation of any of the foregoing minor modifications.

4752A.

Submittal requirements. An application for project modification review shall be filed with the Planning Board in the manner and quantity specified in the rules and regulations.

4753A.

Notwithstanding the foregoing, minor adjustments in the location and configuration of the buildings, parking areas, and other site features shown on a master development plan shall not require Planning Board approval provided that such minor adjustments do not exceed any of the thresholds set forth in Subsection 4751A and a qualified professional certifies to the Building Inspector that such adjustments comply with the dimensional limitations and other controls contained in Section 4700A and that such adjustments are necessary owing to a site condition such as topography, soils conditions, hydrology, groundwater, or other relevant engineering or design criteria.

4760A Administration.

The following administrative regulations shall apply in the NRROD:

4761A.

Required mitigation to address the impacts arising out of the use and occupancy of the NRROD project;

Restrictions on development areas and such other development limitations as may be agreed upon;

Proposed phasing of the NRROD project, if applicable;

Obligations with respect to pedestrian and vehicular interconnectivity within and proximate to the NRROD project area to facilitate pedestrian access and parking efficiencies;

The authority of the Town to retain the necessary professionals at the proponent's expense to assist in its review of development applications.

4762A.

Phased development. An approved NRROD project may be constructed in one or more phases in accordance with a construction management/phasing plan submitted pursuant to Subsection 4741A.

4763A.

4764A.

4765A.

4766A.

4767A.

4770A Uses.

4771A.

Permitted principal uses. The following principal uses shall be permitted, alone or in combination, within the NRROD, subject to Town Meeting approval of a master development plan:

Commercial uses.

Business or professional office with fewer than five employees.

ii.

Child-care facility serving only residents of the NRROD project.

iii.

Personal service establishment, under 1,000 square feet.

iv.

Restaurant, under 1,000 square feet.

Retail stores and services not elsewhere set forth, under 1,000 square feet.

Residential uses.

One-family, two-family and multifamily dwellings.

ii.

(a)

Any or all of the following uses and associated services, individually or in any combination, as part of dwellings or as separate structures, including, but not limited to:

Dining rooms, coffee shops and related kitchen areas and facilities;

ii)

Living rooms, libraries, music rooms, auditoriums, greenhouses;

iii)

Lounges, card rooms, meeting rooms, and other social and recreational areas;

iv)

Administrative offices, social service offices, educational uses;

Mail rooms, gift shops, convenience stores;

vi)

Medical offices, diagnostic and treatment centers, wellness centers, exercise areas, home health care centers;

vii)

Professional offices;

viii)

Barbers, hairdressers, beauty salons;

ix)

Banks and ATM banking machines;

Home health care;

xi)

Adult and child-care services;

xii)

Cleaning services;

xiii)

Other uses, services and activities incidental to the operation of a CCRC.

(b)

Skilled nursing and memory care; and

(c)

All uses required by Massachusetts statute or regulation to receive a license or permit to operate and maintain such assisted living or continuing care residential community.

(d)

iii.

Clubhouses, recreation facilities and other accessory amenities and infrastructure to serve residential units within the NRROD project.

4772A.

[1]

Editor's Note: Appendix A is included as an attachment to this chapter.

4780A Dimensional standards and requirements.

a.	Maximum building height:
	i.	Three stories; 45 feet (or 50 feet, in the case of pitched roofs)
	ii.	Four stories; 60 feet if set back more than 500 feet from Route 117
b.	Maximum building coverage: 35% of the NRROD project area as a whole
c.	Minimum NRROD project area: 150,000 square feet
d.	Minimum front yard setback: 100 feet
e.	Minimum side yard setback: 20 feet (see Subsection 4783A)
f.	Minimum rear yard setback: 30 feet
g.	The NRROD shall comply with the parking standards of Section 3100, provided that the Planning Board shall have the discretion to vary such standards if it determines that alternative conditions, including an enforceable transportation management plan, warrant such variance. Where the Planning Board approves a reduction in parking requirements, it may condition such reduction upon the designation and preparation of a reserve parking area(s) in the event additional parking is needed in the future.

4781A.

Subdivision. The owner of any lot shown on an approved master development plan shall be entitled to lawfully divide such lot, including, without limitation, by virtue of plans endorsed by the Planning Board pursuant to MGL c. 41, § 81P, without modifying the approved master development plan and without the need for other approvals under Section 4700A, provided that any such lot must have minimum frontage of 150 feet at the street line and a minimum lot area of two acres. Condominium forms of ownership are allowed in any NRROD project.

4782A.

4783A.

A Purpose.

To provide for higher-density residential development in an area that is well suited for multifamily housing.

To ensure high-quality planning, architecture and landscape design that enhances the distinct visual character and identity of Sudbury.

To promote best practices in planning, sustainability, and improved transportation infrastructure.

B Definitions.

ACCESSORY USE

AFFORDABLE HOMEOWNERSHIP UNIT

A dwelling unit required to be sold to an eligible household in accordance with the requirements of Subsection F of this section.

AFFORDABLE HOUSING RESTRICTION

AFFORDABLE RENTAL UNIT

A dwelling unit required to be rented to an eligible household in accordance with the requirements of Subsection F of this section.

AFFORDABLE UNIT

APPLICANT

The individual or entity that submits a project for plan approval.

APPLICATION

APPROVING AUTHORITY or PLAN APPROVAL AUTHORITY (PAA)

The Planning Board of the Town of Sudbury acting as the authority designated to review projects and issue approvals under this Section 4700B.

AS-OF-RIGHT DEVELOPMENT

DEPARTMENT or DHCD

The Massachusetts Department of Housing and Community Development or any successor agency.

DESIGN AND PERFORMANCE STANDARDS or DESIGN STANDARDS

DEVELOPMENT PROJECT

DISTRICT

DWELLING UNIT

ELIGIBLE HOUSEHOLD

GOVERNING LAWS

MGL Chapter 40R and 760 CMR 59.00.

MONITORING AGENT

The entity designated to monitor and enforce the affordable housing restriction.

MULTIFAMILY DWELLING UNITS

A residential building containing four or more dwelling units.

PAA REGULATIONS

The rules and regulations of the PAA adopted pursuant to Subsection I of this Section 4700B.

PLAN APPROVAL

PROJECT or DEVELOPMENT PROJECT

A development comprising any permitted uses provided for under this Section 4700B. A project shall be identified on a plan which is submitted to the approving authority for plan review.

UNDERLYING ZONING

The zoning requirements adopted pursuant to MGL 40A that otherwise apply to the geographic area in which the district is located.

UNDULY RESTRICT

UNRESTRICTED UNIT

A dwelling unit that is not restricted as to rent, price, or eligibility of occupants.

ZONING BYLAW or BYLAW

The Zoning Bylaw of the Town of Sudbury.

C Establishment and delineation of district.

D Authority and applicability.

[1]

Editor's Note: So in original.

E Permitted uses.

Multifamily residential use(s);

Parking accessory to any permitted uses, including surface, garage-under, and structured parking (e.g., parking garages);

Commercial uses accessory to the multifamily residential use(s) that in aggregate do not exceed 10% of the gross floor area of a project, including

Business or professional office with fewer than five employees;

Child-care facility;

Personal service establishment, under 1,000 square feet;

Restaurant, under 1,000 square feet;

Retail stores and services not elsewhere set forth, under 1,000 square feet.

Other accessory uses customarily incidental to any of the above permitted uses.

F Housing and housing affordability.

Number of affordable units. At least 25% of all dwelling units constructed in a development project and the district shall be maintained as affordable units.

Fractional units. When the application of the percentages specified above results in a number that includes a fraction, the fraction shall be rounded up to the next whole number.

Affordable units shall comply with the following requirements:

Affordable units required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households.

Design and construction.

Description of the development project, including whether the affordable unit will be rented or owner-occupied.

The term of the affordable housing restriction shall be the in perpetuity or the maximum period allowed by law.

The name and address of a monitoring agent with a designation of its power to monitor and enforce the affordable housing restriction.

Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set;

Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the monitoring agent;

A requirement that residents in affordable units provide such information as the monitoring agent may reasonably request in order to ensure affordability; and

Designation of the priority of the affordable housing restriction over other mortgages and restrictions.

Administration.

Monitoring agent. A monitoring agent shall be designated by the Town Manager. The monitoring agent shall ensure the following:

Prices of affordable homeownership units are properly computed; rental amounts of affordable rental units are properly computed;

ii.

iii.

The housing marketing and resident selection plan conforms to all requirements and is properly administered;

iv.

Affordable housing restrictions meeting the requirements of this section are recorded with the Middlesex South Registry of Deeds.

G Dimensional and other requirements.

Buildings and development lots within the district shall be subject to the dimensional and other requirements set forth in this Subsection G.

Minimum area and setbacks. There shall be no minimum development lot area or setback requirements within the district except for the district buffer described herein.

Number of buildings on a development lot. In the district, more than one principal building may be erected on a development lot.

Structured parking. Structured parking allowable pursuant to Subsection E shall be governed by this Section 4700B and by design and performance standards as adopted pursuant to Subsection M.

H Parking requirements.

Parking shall be provided within the district in order to meet the following minimum parking space requirements, subject to the provisions of this Subsection H.

Multifamily Residential	Number of Parking Spaces
1-bedroom units	1 per unit
2-bedroom units	2 per unit
3+-bedroom units	2 per unit

The availability of public or commercial parking facilities in the vicinity of the use being served;

Shared use of parking spaces serving other uses having peak user demands at different times;

Age or other occupancy restrictions which are likely to resulting a lower level of auto usage;

Parking shall be designed and constructed to comply with all applicable disability access requirements including, but not limited to, the Americans with Disabilities Act.[1]

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

I Plan approval.

Application procedures:

Evidence that the development project complies with the cost and eligibility requirements of Subsection F;

ii.

Development project plans that demonstrate compliance with the design and construction standards of Subsection F; and

iii.

A form of affordable housing restriction that satisfies the requirements of Subsection F.

[Amended 5-6-2024 ATM by Art. 31]

Plan approval decision.

Failure of the approving authority to take action within 120 days or extended time, if applicable, shall be deemed to be an approval of the application;

Criteria for approval. The approving authority shall approve the development project upon the following findings:

The applicant has submitted the required fees and information as set forth in applicable regulations; and

The proposed development project as described in the application meets all of the requirements and standards set forth in this Section 4700B and applicable design and performance standards.

Criteria for denial. The approving authority may deny an application for plan approval pursuant to this Section 4700B of the bylaw only if the approving authority finds one or more of the following:

10.

J Waivers.

K Project phasing.

L Change in plans after approval by approving authority.

M Design and performance standards.

Purpose. The design standards are adopted to ensure that the physical character of projects within the SGOD:

Will be complementary to nearby buildings and structures;

Will be consistent with the master plan for the Melone property or any other plan document adopted by the Town; and

N Fair housing requirement.

All development projects within the district shall comply with applicable federal, state and local fair housing laws.

O Annual update.

P Notification of issuance of building permits.

Q When effective.

R Severability.

A Purpose.

Encourage the production of a variety of housing sizes and typologies to provide equal access to new housing throughout the community for people with a variety of needs and income levels.

Preserve open space in a community by locating new housing within or adjacent to existing developed areas and infrastructure.

Support public investment in public transit and pedestrian- and bike-friendly infrastructure.

Increase the municipal tax base through private investment in new residential developments.

B Establishment and applicability.

This MFOD is an overlay district having a land area of approximately 52 acres in size that is superimposed over the underlying zoning districts and overlay districts and is shown on the Zoning Map.

Applicability of MFOD. An applicant may develop multifamily housing located within an MFOD in accordance with the provisions of this Section 4700C.

The MFOD shall consist of the following parcels of land:

Assessor Map K07, Parcel 0023.

ii.

Assessor Map K07, Parcels 0024.

iii.

Assessor Map C12, Parcel 0100.

The alteration of MFOD subdistrict boundaries must be approved at Town Meeting by an amendment to this Zoning Bylaw and the Zoning Map.

Subdistricts. The MFOD consists of the following subdistricts, all of which are shown on the MFOD Boundary Map:

MFOD I.

MFOD II.

Section 4200, Water Resource Protection Overlay Districts.

Section 5600, Inclusion of Affordable Housing.

C Permitted uses.

Uses permitted as of right. The following uses are permitted as of right within the MFOD:

Multifamily residential.

Mixed-use development. As-of-right uses in a mixed-use development are as follows:

Ground floor

Community space

Educational uses

Personal service establishment

Retail stores and service establishments not elsewhere set forth

Restaurant

Business or professional office

Artists' studios, maker space, and small-scale food production no more than 5,000 square feet, and retail associated with each use

Any floor

Residential (required component)

Open spaces uses.

Accessory uses. The following are considered accessory as of right to any of the permitted uses in Subsection C1:

Parking, including surface and parking within the primary structure such as a first-floor or underground parking garage on the same lot as the principal use.

Uses permitted by special permit. The following uses and accessory uses require a special permit from the Planning Board:

Accessory structures to multifamily dwellings are allowed by special permit from the Planning Board.

D Dimensional standards and other requirements.

Table of dimensional standards.

Dimension	Multi-family Overlay District I	Multi-family Overlay District II
Maximum lot coverage (%)	50	50
Maximum building coverage (%)	30	35
Maximum height	3 stories, 45 feet	3 stories, 45 feet
Maximum height	4 stories or 60 feet may be permitted by Planning Board	4 stories or 60 feet may be permitted by Planning Board
Front setback (feet)	30	100
Side setback (feet)	20	20
Rear setback (feet)	30	30

Density requirements. New residential development or residential components of mixed-use development shall be constructed at a maximum density of 15 units per acre.

E Off-street parking.

These parking requirements are applicable to development in the MFOD.

Number of parking spaces. The following off-street parking space numbers shall be permitted by use, either in surface parking or within garages or other structures:

Use	Required Spaces
Residential uses	A maximum of 2 spaces per dwelling unit
Nonresidential uses	See Section 3100, Parking Standards

Number of bicycle parking spaces. The following minimum numbers of covered bicycle storage spaces shall be provided by use:

Use	Minimum Spaces
Residential uses	1 space per every 2 dwelling units
Nonresidential uses	1 space for every 10 parking spaces