Wakefield, MA Zoning Ordinance

§ 190-46 Floodplain Overlay District (FPOD).

Purpose. In addition to the purposes set forth in § 190-1, the purpose of this § 190-46 is to:

(1)

Ensure public safety through reducing the threats to life and personal injury;

(2)

Eliminate new hazards to emergency response officials;

(3)

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

(4)

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;

(5)

Eliminate costs associated with the response and cleanup of flooding conditions; and

(6)

Reduce damage to public and private property resulting from flooding waters.

Establishment. The Floodplain District (FPOD) is herein established as an overlay district shown on the Floodplain Overlay District map dated February 27, 2025. The district includes all special flood hazard areas within the Town of Wakefield designated as Zone A and AE, on the Middlesex County Flood Insurance Rate Map (FIRM) to be dated July 8, 2025, and to be issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the district shall be defined by the 1%-chance base flood elevations shown on the FIRM as well as and further defined by the Middlesex County Flood Insurance Study (FIS) report to be dated July 8, 2025.

Definitions. See "Floodplain Overlay District" in Article XI. These definitions are applicable only to § 190-46 and do not have applicability to other Sections of this chapter.

Development regulations. The following requirements shall apply within the FPOD:

(1)

Obtaining a Special Permit from the Zoning Board of Appeals for all proposed construction or other development in the FPOD is required, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

(2)

In addition to the Special Permit, the proponent shall also obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the FPOD. The proponent must acquire all necessary permits and must demonstrate that all necessary permits have been acquired prior to the issuance of a Building Permit.

(3)

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.

(4)

In Zone AE, along watercourses that have a regulatory floodway designated on the Wakefield's FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(5)

In A Zone, in the absence of FEMA base flood elevation (BFE) data and floodway data, the Board will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for flood proofing or elevating nonresidential structures to be built at or above base flood level, and for prohibiting encroachments in floodways;

(6)

All subdivision and development proposals must be designed to assure that: Such proposals minimize flood damage; All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and Adequate drainage is provided to reduce exposure to flood hazards.

(7)

When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

(8)

In A, A1-30, and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

(9)

A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be granted if: good and sufficient cause and exceptional non-financial hardship exist; the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and the variance is the minimum action necessary to afford relief.

(10)

The floodplain management regulations found in this Floodplain District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

(11)

The degree of flood protection required by this chapter is considered reasonable but does not imply total flood protection.

(12)

If any provision or portion of this § 190-46 is deemed to be unconstitutional or invalid by a court, the remainder of the Section shall be effective.

Uses allowed within the floodplain district by special permit. The following uses may be permitted in the FPOD by the Zoning Board of Appeals through a Special Permit:

(1)

Any use permitted in the underlying district in which the land is situated, subject to the same use and development regulations as may otherwise apply thereto, whether by right or by Special Permit, provided that all development, including structural and non- structural activities, are in compliance with this chapter and with other state regulations.

Uses allowed within the Floodplain District as of right. The following uses are permitted by-right within the FPOD when confirmed by the Town's Floodplain Administrator to not have an impact to the base flood elevation nor result in any increase in flood levels:

(1)

Construction and maintenance of at-grade roads, driveways, sidewalks, footpaths and recreation areas provided that they do not alter the existing topography in the FPOD;

(2)

Construction, maintenance and improvements of public sewer and water, including accessory facilities used for their operation, maintenance or improvement of ponds, ditches, and other water bodies incidental thereto;

(3)

Construction, maintenance and improvements to existing roads and systems used in the service of the public, including drainage, electric power (including conversion to underground facilities), gas, telephone, telegraph and other telecommunication devices;

(4)

Any use permitted in the underlying district in which the land is situated, subject to the same use and development restrictions as may otherwise apply thereto, provided that the land designated as being within the FPOD is found to be not, in fact, subject to flooding through a Letter of Map Amendment, Letter of Map Revision or physical map revision submitted to and approved by the Federal Emergency Management Agency.

Special permit. Such Special Permit shall be applied for in the manner required by the Zoning Board of Appeals but shall be superscribed "Floodplain District Special Permit Application." The Building Inspector shall issue a building permit only as directed by the Board of Appeals.

(1)

The Planning Board and Conservation Commission shall submit to the Board written recommendations as to whether the Special Permit should be granted and any recommended restrictions that should be imposed upon the proposed use as a condition of such Special Permit.

Site plan review. Applications for site plan approval of uses in the Floodplain District are reviewed by the Zoning Board of Appeals and complete applications are required in accordance with § 190-61. Site plans shall be at a suitable scale, prepared by a registered land surveyor or registered professional civil engineer. In addition to the site plan requirements in § 190-61, the site plan for projects in the Floodplain District shall include the following:

(1)

One-foot contours of the existing and proposed land structure based on the NAVD88 datum.

(2)

The location of existing and proposed structures, watercourses, drainage easements, means of access, drainage and sewer disposal facilities.

(3)

Limits of the Base Flood Elevation and Floodway.

(4)

Foundation elevations of existing proposed buildings and security of foundations during flooding, including assurance that foundations would not be undermined and that the proposed building would not be floated off, swept away or battered off during flooding.

(5)

Cut and fill calculations for floodplain volume being modified by the proposed project, prepared by a registered professional engineer, detailed in tabular format, in one-foot incremental elevations of fill and storage volumes in cubic feet, with cut and fill areas shown on a plan demonstrating no loss in floodplain storage. Certain cases may require the cut and fill calculations to be completed at a 0.5-foot increments and for cross section(s) through the site to be provided.

(6)

Drainage calculations for all runoff within the site in accordance with Chapter 170, Storm Drain System; Stormwater Management.

(7)

Hydrologic and Hydraulic analysis in accordance with standard engineering practice as may be needed to demonstrate compliance with this chapter.

Decision. The Zoning Board of Appeals, in hearing each such application, shall consider, in addition to any other factors said Board deems pertinent, the following aspects with respect to flooding and FPOD zoning provisions:

(1)

Geographic location of proposed building and security of driveway or walkway access to it during flooding.

(2)

Foundation elevations of proposed buildings and security of foundations during flooding, including assurance that foundations would not be undermined and that the proposed building would not be floated off, swept away or battered off during flooding.

(3)

Disposal of sewage from the proposed buildings and containment of sewage during flooding.

(4)

Safety of water, sewage, gas, electric and fuel utilities from breaking, leaking, short-circuiting, grounding, igniting, electrocution or other dangers during flooding.

(5)

Operation of drainage mitigation measures for the site during flooding events.

(6)

Probable effect and impact upon the Town's water supply;

(7)

Potential impacts to overall groundwater and surface water quality;

(8)

The natural flow pattern of watercourses; nearby or pertinent floodwater storage areas or other areas subject to seasonal or periodic flooding;

(9)

The general health, safety and welfare of the inhabitants of the Town of Wakefield.

Notification of watercourse alteration. In a situation relating to, formed by, or resembling a river, including tributaries, stream, or brook, the Town Engineer shall notify the following of any alteration or relocation of a watercourse: 1) Adjacent communities; 2) NFIP State Coordinator, Massachusetts Department of Conservation and Recreation; 3) NFIP Program Specialist - Federal Emergency Management Agency, Region I.

(1)

If the Town of Wakefield acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town Engineer will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to: 1) NFIP State Coordinator, Massachusetts Department of Conservation and Recreation; 2) NFIP Program Specialist - Federal Emergency Management Agency, Region I.

(2)

If the state issues a variance to the flood-resistant standards as found in the state building code, the Town will request from the State Building Code Appeals Board a written or audible copy of the portion of the hearing related to the variance and will maintain this record in the Town files.

(3)

The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and ii) such construction below the base flood level increases risks to life and property.

(4)

Such notification shall be maintained with the record of all variance actions for the referenced development in the FPOD.

§ 190-47 Municipal District (MD).

Purpose and map. The Municipal District (MD) is a special overlay district, which regulates the use and dimensional requirements of buildings erected on Town-owned land and is shown on the Zoning Map entitled "Wakefield Municipal District," dated February 16, 2014.

Use regulations. The use regulations set forth in this chapter applicable to every lot of land in the MD shall be the same as the use regulations applicable to the zoning district surrounding such lot of land as set forth in the Table of Use Regulations; except that in the case of a lot of land in the MD which is adjacent to two or more zoning districts, the use regulations applicable to such lot of land shall be the same as the use regulations applicable to the least-restrictive such adjacent zoning district.

Dimensional regulations. The dimensional regulations set forth in this chapter applicable to every lot of land in the MD shall be the same as the dimensional regulations applicable to the zoning district surrounding such lot of land as set forth in the Table of Dimensional Regulations; except that in the case of a lot of land in the MD which is adjacent to two or more zoning districts, the dimensional regulations applicable to such lot of land shall be the same as the dimensional regulations applicable to the least-restrictive such adjacent zoning district.

Dimensional variation. Variation from the dimensional regulations of Article IV applicable to a particular lot of land in the MD Shall be allowed by a special permit granted by the SPGA, according to the procedure contained in § 190-60.

Warrant article to convey land in district. When the Town Council receives any written request to insert an article in a warrant for a scheduled regular or special Town Meeting or to call a special Town Meeting and insert in the warrant therefor an article authorizing the Town Council to convey a parcel or lot of land zoned as being part of the MD, which request does not include an article containing a proposed amendment of the zoning district for such parcel or lot of land to be the same as the zoning district surrounding such parcel or lot of land, or, in the case of a parcel or lot of land adjacent to two or more zoning districts, the same as the most restrictive such zoning district; the Town Council shall forthwith adopt and submit to the Planning Board, pursuant to MGL c. 40A, § 5, an article so amending the zoning district and such article shall be submitted to a vote at Town Meeting prior to a vote on the article authorizing the Town Council to convey such parcel or lot of land; provided, however, that nothing in this subsection shall be construed or applied to infringe upon the rights of any voter registered to vote in the Town deriving from MGL c. 39, § 10.

§ 190-48 Municipal Building Reuse Overlay District (MBROD).

Uses permitted in municipal building reuse overlay district. The Municipal Building Reuse Overlay District (MBROD) shall be considered as overlaying other districts established by this Zoning Bylaw. Any residential uses permitted in that portion of the districts so overlaid shall be permitted. In addition, any residential use (including, without limitation, elderly housing and multifamily housing or dwellings) and accessory uses to said residential use may be permitted in such an overlay district under a municipal building reuse special permit issued pursuant to this chapter by the Planning Board, acting as Special Permit Granting Authority (SPGA) notwithstanding provisions, restrictions or requirements of any other section of this Zoning Bylaw.

Dimensional controls. Subject to the provisions of this chapter, buildings in a MBROD and existing at the time of the issuance of a municipal building reuse special permit may remain and may be rehabilitated and rebuilt in their then location. The SPGA may allow reductions or alterations in the dimensional controls for buildings or land in the MBROD as required under Table 2, Table of Dimensional Regulations, and any other dimensional regulations or requirements of this chapter by the municipal building reuse special permit, according to procedure contained in § 190-60, and if it deems the reductions or alterations will enhance the project as a whole or allow it to benefit the neighborhood in which it is situated or the Town of Wakefield as a whole.

Enlargement of existing building. The existing building may be enlarged in a manner harmonious with the external character and appearance of the building; however, no such enlargement shall exceed a size equivalent to 25% of the gross square footage of the existing building.

New construction. An additional building or buildings which contain the same use or uses as contained in the existing building (or one or more accessory uses) may be constructed on the lot in a manner harmonious with the external character and appearance of the existing building.

Setback. The setback regulations applicable to the zoning district surrounding the lot, or in the case of a lot which is adjacent to two or more zoning districts, the setback regulations applicable to the least restrictive such adjacent zoning district, shall apply, except as otherwise permitted by the SPGA in a municipal building reuse special permit.

Density. The SPGA may allow reductions or alterations in the dimensional controls for buildings in the MBROD as required under Table 2, Table of Dimensional Regulations, and any other dimensional regulations or requirements of this chapter by the municipal building reuse special permit, according to procedure contained in § 190-60, and if it deems the reductions or alterations will enhance the project as a whole or allow it to benefit the neighborhood in which it is situated or the Town of Wakefield as a whole.

Height. The height of any enlargement or additional building shall not exceed that allowed in the zoning district surrounding the lot, or in the case of a lot which is adjacent to two or more zoning districts, the height regulations applicable to the least restrictive such adjacent zoning district, shall apply, except as otherwise permitted by the SPGA in a municipal building reuse special permit.

Open space. Except as otherwise expressly authorized by the SPGA in a municipal building reuse special permit, the open space on the lot or lots shall be not less than the lesser of the open space available at the time of the issuance of the municipal building reuse special permit or 25% of the area of the lot. Open space shall be completely devoid of any structure, parking space, loading space, accessway, private yards, patios or gardens for the exclusive or principal use of residents of individual dwelling units. The SPGA shall strive to maximize open space.

Mixed residential use. With the approval of the SPGA in the municipal building reuse special permit, mixed residential uses may be authorized.

Special permit. The SPGA may grant a municipal building reuse special permit for the rehabilitation and utilization of any building and the lot on which it is situated in a MBROD, applying the criteria set forth in § 190-60 of this chapter, provided that as a result of the special permit process the following criteria are met:

(1)

Parking. There shall be adequate numbers of off-street parking spaces and loading and unloading spaces, provided that the SPGA may vary the requirements set forth in § 190-33 of this chapter. Parking may be located in any yard area approved by the SPGA.

(2)

Signs. All proposed signs shall comply with § 190-34 of this chapter, except as specifically authorized by the SPGA in the municipal building reuse special permit.

Special permit application process. An application may be made to the SPGA for a municipal building reuse special permit in compliance with the conditions set forth in this chapter. Site plan review must be completed by the Planning Board, as part of the application process. The provisions of §§ 190-60 and 190-61 shall apply.

Affordability. An application to the SPGA may include housing permanently available to and affordable to low- and moderate-income households. If any affordability condition is so included, the municipal building reuse special permit shall give preference in the selection of buyers or tenants to Wakefield residents.

Miscellaneous provisions.

(1)

Once recorded, a municipal building reuse special permit shall remain valid and applicable regardless of any change in ownership of the lot or lots to which the permit relates, and regardless of any change in condition of the building(s) on such lot or lots.

(2)

Notwithstanding any other provision hereof to the contrary, any building that is subject to a municipal building reuse special permit may be rebuilt if destroyed by fire or other casualty.

§ 190-49 Signage Overlay District (SOD).

Purpose. This chapter is adopted by the Town of Wakefield for the regulation and restriction of signs and other identification devices within certain commercial areas located within the Signage Overlay District (SOD). Other purposes include:

(1)

To promote the public safety and convenience of the streets and roads, sidewalks and other pedestrian spaces, public property and private property;

(2)

To preserve for the present and future inhabitants the natural, architectural and historical assets and other qualities that distinguish the Town as a highly desirable residential community;

(3)

To protect business viability, economic opportunity, property values, aesthetic integrity, town character, creativity and community appearance by exercising prudent control;

(4)

To encourage compatibility and harmony with surrounding buildings, land and land uses; and

(5)

To provide design assistance and guidance through a design review process.

Location and application. This chapter shall apply exclusively within the Wakefield Signage Overlay District, as shown on a entitled "Wakefield Signage Overlay District," dated May 10, 2010, on file with the Office of the Town Clerk, and hereby incorporated as part of the Town's Zoning Map. Within the SOD, all the provisions of the underlying districts shall continue to apply, except signs within the SOD are subject to the provisions of this § 190-49, not § 190-34.

Definitions. See "Signage Overlay District" in Article XI.

Sign permit and fee requirement. No sign, except a temporary sign and street address sign, may be erected, installed, or altered without a sign permit. Mere repair of an existing sign shall not require a permit. Sign permit applications must be submitted to the Building Inspector, and a review fee paid to the Town before a sign can be reviewed for a permit.

Illumination. In no event shall the light from any illuminated sign exceed 0.2 footcandle at the property line of the lot on which such sign is located.

(1)

Exterior illumination of signs shall be shielded, directed solely at the sign, and be steady and stationary.

(2)

No sign shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m., except signs on premises that are open for business, and then only upon issuance of a special permit by the SPGA.

(3)

Exposed light sources are prohibited.

(4)

No sign shall change color or intensity.

(5)

The brightness and surface illumination shall not exceed 10 footcandles measured at a distance of 10 feet from the sign.

(6)

The light from any illuminated sign shall be shaded, shielded, or directed so that the intensity or brightness shall not adversely affect safe vision of operators of vehicles moving on public or private streets or parking areas. Light shall neither be obtrusive to nor interfere with the use of a residential structure.

(7)

All exterior illumination of signs shall be from white light sources, typically incandescent light bulbs. Fluorescent lighting is prohibited.

Prohibited signs. All signs not expressly permitted are prohibited. Without limiting the generality of the foregoing, the following signs are prohibited and shall not be allowed by special permit.

(1)

Signs that interfere with traffic. No sign, including window displays, or its illuminators shall by reason of its location, shape, size or color, whether illuminated or not, interfere with pedestrian or vehicular traffic or be confusingly similar to or obstruct the view or the effectiveness of any official traffic sign, traffic signal or traffic marking. No red or green lights shall be used on any sign if, in the opinion of the Building Inspector, such lights would create a driving hazard. Any imitation of official traffic signs or signals and the use of such words as "stop," "look," "listen," "danger," "go slow," "caution" or "warning" or any word, phrase, character, symbol, lights, motion, sound, fumes, mist, or other device that interferes with, misleads, or confuses traffic is prohibited. The brightness and surface illumination shall not exceed 10 footcandles measured at a distance of 10 feet from the sign. Signs that unreasonably obstruct a driver's view of the road or sidewalks are prohibited.

(2)

Signs that make noise are prohibited.

(3)

Portable signs are prohibited.

(4)

Signs on unregistered vehicles (except for temporary "for sale" signs) are prohibited.

(5)

Signs displaying any obscene matter are prohibited.

(6)

Strobe lights and flashing lights are prohibited. Signs utilizing exposed tubing are prohibited. Any luminous tubing used as borders, stripes, or window or door surrounds, or building edging, is prohibited.

(7)

Temporary signs, except as provided by § 190-34, are prohibited.

(8)

Inflatable or lighter-than-air devices of any kind, including tethered balloons, bearing a commercial message, are prohibited.

(9)

All changeable copy signs, except those located at and used in connection with gasoline filling stations to provide notice of the current price of fuel sold by the gallon through the gasoline pumps.

(10)

Changeable image signs are prohibited.

(11)

Roof signs are prohibited.

(12)

Off-premises advertising and billboards are prohibited.

(13)

Signs attached to or strung from utility poles, streetlights, trees, plantings, fences, or vehicles are prohibited, except as otherwise permitted herein.

(14)

Strings of lights (except illuminated holiday lights which are allowed as temporary signs), pennants, or flags are prohibited.

(15)

Beacons and searchlights are prohibited.

(16)

Signs in the public way, except projecting signs allowed by special permit and signs and traffic control devices installed and controlled by a government entity, are prohibited.

(17)

Internally illuminated signs are prohibited.

(18)

Fixed awnings are prohibited. Awning signs are prohibited.

(19)

Sign box wall signs are prohibited.

(20)

Mansard wall signs are prohibited.

Exempt signs. The following signs are exempt from the provisions of this chapter:

(1)

Legal notices or informational devices erected by or required by government agencies;

(2)

Historical markers or plaques; and

(3)

Signs and billboards affixed to any fence on Town property if specifically authorized by the Town Council.

Maximum number and maximum area of permitted signs. The only sign types allowed in the SOD are listed in Table 9.4-1 below. Sign types not listed in Table 9.4-1 are not allowed in such district as of right or by special permit. The aggregate sign area of all signs associated with each business establishment shall not exceed 50 square feet or 10% of the primary building facade of the business establishment, whichever is less.

(1)

If a ground-floor business establishment has frontage on two streets and has a public entrance on both streets, then one additional sign is permitted on the secondary building facade, and such additional sign may increase the permissible aggregate sign area associated with that business establishment by up to 15 square feet.

(2)

If a business establishment consists of more than one building on a lot, an additional sign, not exceeding 15 square feet or 10% of the building's facade, whichever is less, may be affixed to a wall of each such building and the aggregate sign area associated with that business establishment increased by up to 15 square feet.

(3)

One directory sign may be installed at each public entrance of a building for all business establishments that do not have ground-floor storefronts.

(4)

Residential developments in the Signage Overlay District are subject to the sign regulations of the SOD.

(5)

The total sign area (aggregate sign area) permitted, as calculated in accordance with the provisions of § 190-34K, may be distributed among the various signs on the lot. However, individual signs shall not exceed the maximum dimensions specified in Table 9.4-1 and shall comply with the special provisions for each sign type described below.

Table 9.4-1: Table of Aggregate Sign Area for Signs Allowed
Sign Type	Maximum Number	Maximum Area (s.f.)	Bylaw Section	Maximum Letter Height (inches)
Street Address	2	N/A	100B	14
Wall	1	15	100C	14
Projecting Bracket*	1	9	100D	N/A
Window	N/A	10%	100E	12
Temporary	1	6	100F	16
Building Directory	1	6	100G	3
Directional	2	2	100H	10

Note:
*	All projecting bracket signs require a special permit.

Street address signs.

(1)

Location. A street address sign is required for every occupied building on a lot.

(2)

A street address sign must include the street address for the lot, but may include the occupant's name, and the street name. A maximum of two street address signs are permitted for each business establishment on a lot.

(3)

Area. For residential addresses and business establishments, the street numbers must be at least six inches high. For business establishments, the street number shall not exceed 14 inches in height.

(4)

The area of street address signs for residential addresses shall not exceed two square feet.

Wall signs.

(1)

Location. Where a building has a sign band, any directly applied wall sign or raised panel wall sign must be located within the sign band. If no sign band exists, a wall sign must be aligned in height and proportion with the location of wall signs of adjacent structures, provided such wall signs on adjacent structures conform to the provisions hereof. In the case of a one-story building, no portion of a wall sign can be located higher than the roofline, and in the case of a multiple-story building, no portion of a wall sign can be located higher than the second-story floor line. No portion of a wall sign can extend above a building's parapet. No portion of a wall sign can cover ground-floor display windows or the window frame of the display windows.

(2)

Wall signs may not obscure architectural features such as arches, transom panels, windows, windowsills, moldings, cornices, etc.

(3)

For business establishments with no ground-level display windows, wall signs are prohibited on the building's facade.

(4)

Area. The maximum allowable sign area of a wall sign is set forth in Table 9.4-1, provided that the sign area of a wall sign shall not exceed 2/3 of the length of the business establishment's storefront multiplied by one square foot, and the maximum length of a wall sign shall not exceed 2/3 of the length of the business establishment's storefront.

(5)

A wall sign shall not exceed three feet in height.

(6)

Illumination. Fixed incandescent spotlights may be provided to illuminate a wall sign. Swivel-mounted spotlights are prohibited. All spotlights must be housed in shades to protect adjacent properties and occupants above from direct or excessive light. Internally illuminated signs are prohibited.

(7)

Special review. After referral and comment by the Design Review Board, directly applied wall signs and raised panel wall signs meeting the requirements of this article may be permitted by the Building Inspector. Wall murals and image projections are permitted only by special permit.

Projecting bracket signs. All projecting bracket signs are permitted only by special permit.

(1)

Location. The height and proportion of a projecting bracket sign must be coordinated with the location of signs and awnings of adjacent structures, provided such signs and awnings conform to the provisions hereof.

(2)

In the case of a one-story building, no portion of the bracket, guy-wires or the sign can be located or extend higher than the building's parapet. In the case of a multiple-story building, no portion of the bracket, guy-wires or the sign can be located higher than the header of the second-story windows.

(3)

Architectural features such as moldings, cornices, transom panels, windows, windowsills, etc., cannot be cut away or removed to accommodate sign brackets, lighting fixtures or electrical conduits, nor may such features be covered or otherwise unreasonably obscured by such signs.

(4)

Area. The area of one side of a flat, two-faced projecting bracket sign shall be considered the sign area. The sign area of a projecting bracket sign shall not exceed nine square feet.

(5)

The panel suspended from a sign bracket shall not exceed three inches in thickness. It is that the bracket shall generally consist of an open ironwork pattern. The area of the bracket, however designed, shall not exceed 1/2 the area of the sign and shall not be counted as part of the sign area. Any object, symbol or icon incorporated into the sign's design, e.g., spectacles for an eye doctor or a shoe for a cobbler, shall be considered part of the sign, and the area thereof shall be included in calculating the sign area.

(6)

Setback. Signs shall not project more than four feet eight inches from a building face or 2/3 the width of the sidewalk, whichever is less.

(7)

The bracket and sign must be set back at least three feet from the curbline.

(8)

Height. The bottom of the sign shall not be less than eight feet from the grade level or sidewalk. The top of the sign shall not be higher than 14 feet from the grade level or sidewalk.

(9)

Illumination. Fixed incandescent spotlights may be provided to illuminate a projecting bracket sign.

(10)

Swivel-mounted spotlights are prohibited. All spotlights must be housed in shades to protect adjacent properties and occupants above from direct or excessive light. Internally illuminated signs are prohibited.

(11)

Special review. All projecting bracket signs are to be referred to the Design Review Board for a recommendation.

Window signs.

(1)

Location. Window signs shall be allowed only on windows located on the ground floor and second story of a primary building facade.

(2)

Area. Window signs shall not occupy more than 10% of the window area of any one window.

(3)

All window signs (temporary and permanent) shall count towards the allowable aggregate sign area.

(4)

Illumination. No exterior illumination of window signs is permitted.

Temporary signs. Temporary signs shall not be maintained for more than a 30-day period, except as may be otherwise specifically provided below.

(1)

All temporary signs, except when attached to a building or in a display window, shall be set back a minimum of 10 feet from any lot line and shall not be attached to trees or utility poles, but shall have their own self-supporting frame and means of being affixed to the land. Temporary signs are prohibited in public ways. No exterior illumination is permitted for a temporary sign.

(2)

Temporary signs shall be removed promptly after the sale or event advertised thereby.

(3)

Temporary sales or rental signs are not subject to the 30-day display limitation but shall comply with § 190-34.

(4)

The area of a flat, two-faced sign shall be considered the sign area. Temporary lawn signs shall not exceed one sign per street frontage, shall not exceed six square feet in surface area per side and shall be erected so that no portion is more than four feet above ground level.

(5)

A special event sign or banner intended to inform the public of a unique happening, action, purpose, or occasion, of a nonprofit organization may be placed above or across a public or private street or way or in a park or on a Town building with the prior written permission of the Town Council upon such terms and conditions as it shall determine.

(6)

A maximum of one temporary sign for the identification of a new business establishment until permanent signs can be erected is allowed for a period not to exceed 90 days. A one-time extension up to a maximum of 90 days may be granted by the Building Inspector, provided a permit for a permanent sign has been applied for. Such temporary sign shall comply with the wall sign requirements of this article.

(7)

No more than one political sign per candidate or issue is permitted per dwelling unit or business establishment. Each political sign shall be a maximum of six square feet in area.

(8)

Holiday lights (if illuminated) and holiday displays are temporary signs.

Building directory signs. Building directory signs shall be either wall-mounted or located on a door.

(1)

No building may have more than one building directory sign.

(2)

The area of a building directory sign shall not exceed one square foot for each business establishment occupying the building, or six square feet in total area, whichever is less.

(3)

Fixed incandescent spotlights may be provided to illuminate a building directory sign. Swivel-mounted spotlights are prohibited. All spotlights must be housed in shades to protect adjacent properties and occupants above from direct or excessive light. Internally illuminated signs are prohibited.

(4)

All building directory signs are to be referred to the Design Review Board for a recommendation.

(5)

All building directory signs are permitted only by special permit, and shall be considered a wall sign and, as such, shall be counted against the allowable aggregate sign area.

Directional signs. Directional signs are solely intended to provide safe direction of vehicular and pedestrian traffic movement.

(1)

One directional sign may be installed per curb cut.

(2)

Directional signs shall not include any commercial message.

(3)

Directional signs shall not exceed four square feet in area.

(4)

The area of one side of a flat, two-faced directional sign shall be considered the sign area.

(5)

Fixed incandescent spotlights may be provided to illuminate a directional sign. Swivel-mounted spotlights are prohibited. All spotlights must be housed in shades to protect adjacent properties and occupants above from direct or excessive light. Internally illuminated signs are prohibited.

Menu boxes.

(1)

Location. Menu boxes shall be located adjacent to a restaurant's primary entrance.

(2)

Architectural features such as moldings, cornices, transom panels, windows, windowsills, etc., cannot be cut away or removed to accommodate sign armatures, brackets, lighting fixtures or electrical conduits, nor may such features be covered or otherwise obscured by such signs.

(3)

Area. Menu boxes shall not exceed 14 inches by 19 inches in area and five inches in depth.

(4)

Illumination. Menu boxes shall be housed in a weatherproof box, not exceeding the area above, that may be lighted by incandescent, white light bulbs.

(5)

Spotlights and interior illumination are prohibited.

(6)

Special review. All menu boxes are to be referred to the Design Review Board for a recommendation.

(7)

All menu boxes are permitted only by special permit, and shall be considered a wall sign and, as such, shall be counted against the allowable aggregate sign area.

Menu boards for drive-through and walk-up services.

(1)

Location. Menu boards shall be counted as a portion of the total aggregate sign area of a business establishment.

(2)

One freestanding or wall-mounted menu board is allowed per business establishment.

(3)

Menu boards and speaker boxes must be at least 150 feet from any residential zoning district or be screened from residential view by masonry wall.

(4)

Speaker boxes may not exceed 36 cubic inches and four feet in height. Speaker boxes may not contain a commercial message. The maximum speaker volume shall be set in the discretion of the SPGA.

(5)

Menu boards shall have a maximum area of 20 square feet.

(6)

Setback. Menu boards must be located no less than 45 feet from any street property line.

(7)

Illumination. Interior illumination is prohibited.

(8)

Special review. All menu boards are to be referred to the Design Review Board for a recommendation.

(9)

All menu boards are permitted only by special permit and shall be considered a wall sign and, as such, shall be counted against the allowable aggregate sign area.

Application procedure. No person shall construct, erect, install, alter, enlarge, or move a sign, the structure supporting a sign, or any electrical devices related to a sign without a permit from the Building Inspector as required by this chapter, and, if applicable, without also obtaining a permit from the Electrical Inspector.

(1)

Nothing herein shall be construed to require a sign permit from the Building Inspector for the mere repair of a sign that either conforms to the requirements of this article or that is a lawful prior nonconforming sign. No person shall reconstruct, rebuild, relocate, alter, move or re-erect any sign that has been abandoned or not used for a period of two years or more unless it is made to comply with all applicable requirements of this chapter.

(2)

Nonconforming signs lawfully erected prior to the adoption of this article may not be enlarged, extended, altered or redesigned unless they are made to comply with all applicable requirements of this article.

(3)

Applicants shall submit electronic files on a compact disk compatible with the Town's computer systems in .pdf format for drawings, text and other documents described below. Complete descriptions of the application materials to be provided are set forth below. Photographs may be in .jpg format or a format compatible with the Town's filing system. Photographs submitted cannot be larger than 8 1/2 by 11. Smaller photographs must be fixed to 8 1/2 by 11 cardstock.

(4)

Applications require the written consent of the owner of the premises concerned, or of an authorized agent, and the full name, residence and business address of the owner of the property, of the lessee, if any, and of any authorized agent to whom notices may be sent.

Application; contents. Applicants must provide the electronic files and six paper copies of complete application packets that include:

(1)

A completed sign permit application form;

(2)

Photographs of the existing building or site for the proposed sign;

(3)

Photographs of any adjacent buildings and signage (preferably including the whole area within 100 feet of the site);

(4)

Copies of the previous sign permits issued for the building or site;

(5)

Photographs of existing signs on the building or site that are annotated with the permit information for existing signs, e.g., date of installation;

(6)

A building facade drawing showing the proposed sign with dimensions;

(7)

A table of aggregate sign area;

(8)

A building elevation context drawing (preferably including a streetscape drawing of the building within the context of the adjacent buildings within 100 feet and all existing signs); and

(9)

A wall section drawing showing the method of mechanical attachment of the sign to the building (additional details may be required).

(10)

If the application includes any electrical devices, conduits, or spotlights, the application shall include: A completed electrical permit application form; An annotated building facade drawing showing the location of all conduits and light fixtures; A wall section drawing showing any holes to be bored through any parapet or building walls to accommodate electrical conduits; and Copies of the manufacturer's cut-sheets with color photographs, catalog numbers and detailed specifications concerning the electrical lighting fixtures proposed for the sign.

Drawings required with the application; Table 9.4-2. Applications for a sign permit must include drawings prepared and sealed by a registered architect or engineer. Whenever possible, drawings of new signs should be in color and dimensioned. Material samples are to be submitted with the application. All existing and proposed signage and awnings or canopies must be accurately drawn and dimensioned. The required documents and drawings for each sign type are listed in Table 9.4-2 below.

Table 9.4-2: Documents and Drawings Required with Application

Drawings and documentation required according to sign type. Requirements for each drawing type. A building facade drawing is required to illustrate the sign in the location where it will be installed. Drawings must be at a scale of 1/4 inch per one foot or larger. Building facade drawings must show the architectural features such as sign bands, display windows, arches, transom panels, window sashes, windowsills, moldings, cornices, etc. Whenever possible, the building facade drawings should include the adjacent buildings to simplify the submission.

(1)

If there are adjacent buildings within 100 feet of the building's facade, a streetscape drawing is required that shows the outline of the adjacent buildings, the height of parapets, rooflines, second floor levels, window openings and the size and location of any wall sign, projecting sign and projecting bracket signs. The requirement to provide a streetscape drawing may be waived by the SPGA if photographs are provided that accurately and completely provide the context information. Nothing herein is intended to suggest that projecting signs may be installed; the requirement of showing them, here and in the following subsection, applies only where there are preexisting projecting signs.

(2)

A wall section/elevation drawing is required showing the roofline and the second-story floor line if applicable, the height of the parapet, the height of the wall sign on the building's facade, the distance a wall sign, projecting sign, projecting bracket sign or awning projects from the face of the building and the height dimensions above the sidewalk. The curbline must be shown.

(3)

Enlarged building elevation drawings, drawn at a scale of 3/4 inch per one foot or larger are required of display windows and doorways for window signs. The requirement to provide enlarged building elevation drawings for window signs may be waived by the SPGA if photographs are provided that accurately and completely provide the context information.

(4)

Detailed drawings of the proposed sign are required. Section and elevation drawings are required, at a scale of one inch per one foot or larger, of the proposed signage with the materials dimensioned and labeled. All lighting fixtures, conduits, junction and transformer boxes, and the like are to be accurately shown on the building facade and wall section drawings, as well as in the detail drawings. Manufacturers' catalog specifications and illustrations of all lighting fixtures are to be submitted with the application. The type of light bulb and lumens are to be specified. The building facade and wall section drawing shall include the outline of light to be cast on the signage and the building's facade.

(5)

The detailed drawings required above may be waived by the SPGA or Zoning Administrator (if one has been appointed) if photographs are provided that accurately and completely depict the sign proposed.

Referral of a sign permit application to the Design Review Board. Applications are deemed incomplete unless six copies are submitted to the Building Inspector. Applications are deemed incomplete if any of the documentation required herein is omitted. Copies of the complete application packets shall be distributed as follows:

(1)

Three copies to the Design Review Board;

(2)

One copy to the Town Planner;

(3)

One copy to the Historical Commission; and

(4)

One copy is to be retained by the Building Inspector.

(5)

Complete application packets are to be distributed within seven days of receipt.

Review procedure by the design review board; report to the building inspector. The Design Review Board shall meet and review the application packet within 14 days after a completed application is filed. All sign permit applications shall be reviewed by the Design Review Board.

(1)

The Chairperson of the Design Review Board shall establish the agenda of meetings.

(2)

Sign permit applications are to be reviewed by the Design Review Board as open meetings without public hearing.

(3)

Applicants for a sign permit are to be advised to the date and time of the review and may attend the meeting.

(4)

Within 21 days after filing of an application, the Design Review Board shall provide a report to the Building Inspector and the Zoning Board of Appeals containing its recommendations. If, in the process of reviewing an application, the Design Review Board discovers additional permits, variances or special permits are required, it shall so notify the Building Inspector. The Board shall forward recommendations to the Zoning Board of Appeals regarding the findings.

(5)

The Design Review Board shall, within the said 21-day period, either recommend approval or disapproval of the proposed sign, or obtain a written agreement from the applicant to extend the time to review the permit application so that the application may be modified for reevaluation.

(6)

The Building Inspector must act within 30 days of the filing of an application. If the Building Inspector fails to act within 30 days, such failure to act shall constitute a denial.

Special permits for signs. The Zoning Board of Appeals shall be the Special Permit Granting Authority (SPGA) for signs. The SPGA shall consider requests for special permits in accordance with § 190-59 of this chapter. Site plan review is not required, provided that all special permit requirements of this article are met. The SPGA may grant a special permit for signs that do not comply with the provisions of this article, provided that:

(1)

The sign's scale is determined to be in reasonable relation to development scale, viewer distance and travel speed, and sign sizes on nearby structures.

(2)

The sign's size, shape, and placement serve to define or enhance architectural elements of the building such as columns, sill lines, cornices, and roof edges, and do not unreasonably interrupt, obscure, or hide them.

(3)

The sign's design is in harmony with other signage on the same or adjacent structures, and provides reasonable continuity in mounting location and height, proportions and materials.

(4)

The sign's materials, colors, lettering style, illumination and form are reasonably compatible with building design, neighborhood context and use; and The sign's size, location, design and illumination are not judged to present a safety hazard to vehicular or pedestrian traffic.

(5)

Notwithstanding the above the SPGA shall not grant special permits for signs specifically prohibited by this chapter.

(6)

The Design Review Board shall make a report to the SPGA giving its recommendations regarding compliance with the above criteria.

(7)

An unfavorable report of the Design Review Board shall indicate which of the above criteria were not met and shall state what modifications to the sign or signs could be made to render a favorable report.

(8)

The SPGA may add conditions in granting a special permit, including but not limited to: color, size, illumination, hours of illumination, and removal.

(9)

Review procedure when a special permit is required. In the case of an application for a sign permit requiring a special permit, the applicant shall provide the number of copies of application materials required under § 190-60F to the Zoning Board of Appeals. Application packets are to be distributed as required by § 190-60F and three copies delivered to the Design Review Board.

(10)

Before the Zoning Board of Appeals considers the application, the Design Review Board shall review the application and provide a recommendation to the Zoning Board of Appeals.

(11)

Applicants for a sign permit are to be advised of the date and time of the design review and may attend the meeting.

(12)

The Design Review Board shall forward recommendations to the Zoning Board of Appeals in advance of the scheduled special permit hearing.

Signs not requiring permits. No permit shall be necessary for the following signs:

(1)

Those exempt under § 190-51D.

(2)

Street address signs under § 190-49I.

(3)

Temporary signs under § 190-49M.

Powers of building inspector and other inspectors. The Building Inspector shall, within 30 days, approve or reject any application for a sign filed with him in accordance with all requirements of this article and all other applicable laws, bylaws and regulations. Failure to act within the 30-day period shall constitute a denial.

(1)

Electrical inspections. Electrical permits are required for any sign that is to be illuminated. The permit must be issued simultaneously with the sign permit. The sign and the sign's power supply shall conform to the National Electrical Code.

(2)

Applicability of Building Code. Signs shall be deemed to be structures subject to all applicable provisions of the State Building Code and to all of the powers thereby granted to the Building Inspector.

(3)

Violations and penalties; noncriminal disposition. Any alleged violation of the provisions of this article may, in the sole discretion of the Building Inspector or his designee, be made the subject matter of the proceedings initiated by the Building Inspector pursuant to the provisions of MGL c. 40, § 21D, that is, noncriminal disposition. If the Building Inspector so elects to proceed under MGL c. 40, § 21D, all the terms and provisions of such chapter and section shall thereafter govern said action.

AA.

Appeals. Appeals from administrative decisions may be made in accordance with the same procedures for other zoning appeals or Building Code appeals, depending upon the type of appeal being made.

BB.

Fees. Review and application fees are set forth under § 190-6D.

CC.

Removal of hazardous signs. The Building Inspector may direct the removal of any sign, including an existing sign that may be a legal nonconforming sign, if he determines such sign to be a hazardous signs.

§ 190-50 Mixed use Overlay District (MUOD).

Applicability and intent. The intent of this chapter is to provide for compact development of a mix of business and residential uses under careful provisions for design, open space, and parking accommodation to assure compatibility with the existing context. As provided in the notes to the Table of Use Regulations, these provisions apply only within Mixed Use Overlay Districts (MUOD). Within a MUOD all provisions of the underlying districts shall continue to apply, except that developments under special permit granted under this chapter are allowed, subject to the following, and are not subject to the provisions of § 190-43, except as provided herein.

Procedures. The Special Permit Granting Authority (SPGA) for mixed use development under these provisions shall be the Planning Board, regardless of dwelling type or height. In order to grant a special permit for a mixed use development, the SPGA must find that the developer has met all of the general requirements for a special permit set forth in this chapter and, in addition, that each of the following requirements has been satisfied. The SPGA shall adopt and revise from time to time rules and regulations relative to the size, form, number and contents of submittals required in seeking such special permit.

Preapplication meeting. Applicants for mixed use development are very strongly encouraged to request a preapplication review at a regular business meeting of the Planning Board. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, and any other interested Town agencies or officials to attend. The purpose of a preapplication review is to minimize the applicant's costs of engineering and other technical experts and to commence dialogue with the Planning Board at the earliest possible stage in the development. At the preapplication review, the applicant may outline the proposed mixed use plan, seeking preliminary feedback from the Planning Board or its technical experts and setting a timetable for submittal of a formal application. At the request of the applicant, and at the expense of the applicant, the Planning Board may engage technical experts to review the informal plans of the applicant and to facilitate submittal of a formal application for an open space development special permit.

Special permit application. All applications for a special permit for mixed use development shall be accompanied by the following:

(1)

Residential uses proposed: tabulation of the number of dwelling units proposed, categorized by building type (multifamily, attached single-family, etc.), bedroom type (studio, one-bedroom, etc.), floor area in each type of dwelling unit, and sales or rental level, including affordability provisions.

(2)

Open space proposed: tabulation of the extent of open space of various categories: land, landscaped, and usable.

(3)

Nonresidential uses proposed: tabulation of floor area by land use category.

(4)

Visual representations of the development, indicating general scale, massing, materials, and arrangement within the site, at least in plan, elevation, and sectional views, preferably supplemented with perspective or axonometric views.

(5)

A plan view context drawing, covering the premises and at least all parcels abutting and across the street, indicating street and property lines, building locations, and other features of relevance, such as important trees.

(6)

Any special provisions proposed, including grants of benefits to the Town such as land for public purposes, construction of or contributions towards off-site improvements, or restrictions proposed, such as view corridors or traffic management provisions.

(7)

A traffic analysis indicating that full construction and occupancy as provided in the concept plan will not cause the peak hour traffic level of service to either be lower than reasonably expectable from development not relying upon these provisions or below level of service "D," as defined in current publications of the Highway Research Board.

(8)

A verbal and graphic analysis documenting that the development is assured to be compatible with the character and scale of the immediately surrounding neighborhood.

(9)

An assessment of the impacts of the development upon natural resources, Town utilities, schools, housing needs, taxes or other topics of salience in the particular case.

Transmittal to other boards and officials. Whenever an application for a mixed use special permit is filed with the SPGA, the applicant shall also file, within five working days of the filing of the completed application, copies of the application, accompanying plans and other required documentation, to the Board of Health, Conservation Commission, Building Inspector, Department of Public Works, Police Chief, Fire Chief, and Town Engineer for their consideration, review, and report. The applicant shall furnish the copies necessary to fulfill this requirement. Reports from other boards and officials shall be submitted to the SPGA within 35 days of receipt of the reviewing party of all of the required materials. Failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the SPGA is held prior to the expiration of the 35-day review period, the SPGA shall continue the public hearing to permit the formal submission of reports and recommendations within that 35-day period.

Fees. The SPGA may require payment of reasonable fees for the engagement of architects, engineers, planners, lawyers, urban designers or other appropriate professionals to assist the SPGA in reviewing a project, using procedures, including any appeals of the selection of the consultant, consistent with § 53G of MGL Chapter 44.

Site visit. Whether or not conducted during the preapplication stage, the SPGA may conduct a site visit during the public hearing. At the site visit the SPGA or its agents shall be accompanied by the applicant or its agents.

Use requirements. The proposal shall include both residential and business uses, with the gross floor area of fast floor business use(s) equal to not less than 20% of lot area. Any use allowed in at least one of the districts under a given overlay district is allowed within a mixed use structure at any location throughout that mixed use overlay district, including within underlying districts where such use is not otherwise allowed. Dwelling units are allowed within such structures without limitation on type or form of tenure.

Dimensional requirements. The following dimensional requirements shall apply, and those of Table 2, Table of Dimensional Regulations (including footnotes 1 through 11), and Article IV, §§ 190-19C, 190-19D, 190-20A, 190-20B, 190-20F and 190-22, shall not apply for mixed use development granted a special permit under § 190-43, except as provided below.

(1)

Lot area shall equal not less than 2,000 square feet per dwelling unit, excluding those units which are "affordable," as defined at § 190-43. There is no additional lot area requirement for other uses, except that the floor area ratio requirement for the underlying district must be met counting only floor area in nonresidential uses.

(2)

Building height shall not exceed four floors or 50 feet for those portions of structures located within 100 feet of a street having a right-of-way width of at least 80 feet, or three floors or 35 feet elsewhere.

(3)

The minimum yard setbacks of the least restrictive district any portion of which is within the overlay district shall govern yard setbacks throughout the MUOD.

(4)

The maximum building coverage of the least restrictive district any portion of which is within the Overlay District shall govern building coverage throughout the MUOD.

(5)

Open area shall equal the greater of the underlying district requirement or 15%.

Parking and loading. The number of parking spaces shall be as required by § 190-33, Required off-street parking. The number of required spaces may be reduced by the Planning Board in acting upon the special permit to reflect demand reduction commitments agreed to by the developer and enforceable by the Town, such as dwelling unit commitments to participation in the MassHousing "Take the T (and the ZIPCAR) Home Mortgage Program," or formal employee ride-sharing arrangements, as well as for different uses having different timing of peak demands.

(1)

Legal on-street parking spaces on the same side of the street and adjacent to the premises may be included in satisfying the parking requirement.

(2)

Parking shall preferably be structured, but in no event shall it be so located that it separates buildings from street sidewalks, instead being below the building or to its rear. Required parking may be located in part or whole off premises, provided that a substantial portion of the parking is within 300 feet of the premises served and is under permanently binding legal agreement for that use.

(3)

Loading facilities must be provided as required at § 190-33.

(4)

Access to parking and loading shall be shared with adjacent premises where feasible, subject to the provisions of § 190-33P, and shall be located so as to minimize interruptions of pedestrian movement along business-oriented streets.

Housing affordability. All mixed use developments that create six or more housing units shall be subject to the affordability requirements of § 190-45.

Usable open land. Usable open land shall cover at least 15% of the site, preferably in the form of a courtyard or similar positive space given some sense of enclosure through its location relative to buildings and other structures, unless in acting on the special permit the Planning Board determines that peculiarities of the site make meeting this provision either infeasible or inappropriate.

Contextual relationship.

(1)

Where reasonably feasible, ground-level uses on site shall abut similar uses off site: business abutting business, residence abutting residence, parking abutting parking, open space abutting open space. In such cases, fencing or screening is neither required nor desirable. Where it is not, landscaped screening may be required to provide mitigation of visual, sonic, and lighting impacts.

(2)

Pedestrian movement among the uses within the site and between them and abutting premises shall be strongly facilitated and given amenity to encourage its use.

(3)

Buildings shall in their design be in scale and in proportion with adjacent existing structures, open space, and the natural and man-made environment. Height, materials, texture, color, street facades, roof types and slopes, fenestration, building details, landscaping, benches and other amenities are all means by which to reflect the intention of contributing to improvement in the quality of the environment.

(4)

Site and building design shall be in substantial conformance with "6.0 Design Guidelines" in the housing component of the Wakefield Master Plan, May 20, 2003.

§ 190-51 Wireless Communication Services Overlay District (WCSOD).

Purpose. The purpose of this chapter is to establish an overlay district in which wireless communications services may be provided by special permit with minimal harm to the public health, safety and general welfare. Specifically, the WCSOD has been created to:

(1)

Protect the general public from hazards associated with wireless communications towers and facilities; and

(2)

Minimize the visual impacts of wireless communications towers and facilities in the Town of Wakefield.

(3)

Limit the siting of wireless communications services to the WCSOD, to the extent permitted by law.

Findings required. Collocation or siting on existing facilities and structures is desired. No special permit or modification of the conditions of a special permit relating to a facility for wireless communications services shall be authorized by the Planning Board acting as the Special Permit Granting Authority (SPGA) unless it finds, in lieu of the criteria set forth in § 190-60, that such facility:

(1)

Is necessary to meet current or expected demands for the services supported by the wireless communications services facility for the applicant's network;

(2)

Conforms to all applicable regulations promulgated by the Federal Communications Commission (FCC);

(3)

Is designed and constructed in a manner which minimizes its visual impact to the extent practical;

(4)

Complies with all other regulations of this chapter; and

(5)

Is an appropriate site within the technically feasible area for the location of the wireless communications services facility.

Location of District. The WCSOD shall be construed as an overlay district. All requirements of the underlying zoning district shall remain in full force and effect except as may be specifically superseded herein. The WCSOD shall overlay the following locations with regard to any facility meeting the requirements of this chapter with SPGA approval:

(1)

In an Industrial District, provided that no component of the facility is within 600 feet of a residentially zoned district, historical district, historical site, archeologically significant site, schoolground or park, notwithstanding the Town's boundary.

(2)

On a Town-owned water tank, provided that the transmitters/receivers do not extend above the tank by more than five feet and that the transmitters/receivers are screened in such a way that they appear to be part of the tank.

(3)

On an existing dedicated telecommunications structure, electric transmission or distribution tower, lighting pole or standard or utility pole or transmission wire between utility poles designed for that purpose, provided that the existing structure or pole is not increased in height, the wireless communications equipment does not present an unusual hazard should it fall and the wireless communications equipment so mounted does not detract from the visual appearance of the surrounding neighborhood.

(4)

In an Industrial District or Business District, provided that the facility has all components entirely concealed from view from all exterior vantage points at existing grade or is fully camouflaged so as to blend indiscernibly, in the opinion of the SPGA, in with the natural and man-made features surrounding the site and normally existing in communities such as Wakefield in eastern Massachusetts, and further provided that no component of the facility is within 250 feet of a residentially zoned district, historical district, historical site, archeologically significant site, schoolground or park, notwithstanding the Town's boundary.

Exemptions. The following types of wireless communications facilities are exempt from this article:

(1)

Amateur radio installations used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that the facility is not used or licensed for any commercial purpose.

(2)

Towers and antennas erected by the Town of Wakefield exclusively for public safety or other Town communications purposes.

Special permit application. An application for a special permit shall be filed in accordance with Section 105 and the SPGA's regulations. The application shall include a site plan, prepared by professional engineers, architects and landscape architects, as appropriate, that are registered in the State of Massachusetts. The site plan shall be submitted at a scale of 1:40 showing the following:

(1)

Locus map at a scale of 1:1000 which shall show all streets, bodies of water, landscape features, historic sites and habitats for endangered species within 600 feet from the antenna; the "cell" region to be served by the proposed facility; the locations and areas served by adjacent and overlapping "cells"; and all existing buildings, structures, towers or other sites within the "cell" of the proposed facility that are technically feasible as alternative sites for the proposed facility; all existing wireless communications facilities and structures with heights exceeding 75% of the height of the proposed tower within a two-mile radius of the proposed site.

(2)

Tower location and tower height.

(3)

Accessory buildings.

(4)

Topography.

(5)

Fencing and landscaping.

(6)

Access and parking.

(7)

Lighting.

(8)

Areas to be cleared of vegetation and areas of proposed earth removal or earth fill.

(9)

Site boundaries.

(10)

Abutters and other property owners within 300 feet of the site boundaries.

(11)

All existing structures within a radius of 600 feet from the transmitter/receiver, and all existing and proposed structures on the site of the proposed facility. (The use, whether residential, business, industrial, educational, institutional or any other use, of all structures shown shall be designated on the plan. Structures that do not have human occupancy shall be so designated).

(12)

Tree cover on the subject property and adjacent properties within 600 feet from the transmitter/receiver, by dominant species and average height, as measured by or available from a verifiable source.

(13)

All other items required by the Department of Public Works, 105 CMR 122, Fixed Facilities Which Generate Electromagnetic Fields in the Frequency Range of 300 kHz to 100 GHz and Microwave Oven.

(14)

Photographs of existing site conditions and photographs to represent the completed facility as follows. At the discretion of the SPGA, realistic renderings may be substituted for photographs.

(a)

One eight-inch by 10-inch photograph of existing site conditions that are visible from each public road within 600 feet of the proposed facility, and from such other vantage points as the SPGA may deem necessary to evaluate visual impact of the proposed facility.

(b)

For each photograph described in Subsection E(14)(a) above, a same-size reprint with the proposed facility superimposed to show what will be visible from the same vantage points.

(15)

Reports prepared by one or more qualified professional engineers, which shall:

(a)

Describe the facility and the technical, economic and other reasons for the tower design.

(b)

Demonstrate that the facility complies with all applicable standards of the federal and state governments.

(c)

Describe the capacity of the facility, including the number and types of transmitter/receivers that it can accommodate and the basis for the calculation of capacity.

(d)

Provide measurements of existing, or ambient, radio frequency radiation (RFR) at the site, calculations of the maximum RFR from the proposed facility plus the measured ambient, and certification that the RFR measurements are accurate and that the proposed plus ambient RFR meet FCC guidelines.

(e)

Demonstrate that the facility and site comply with this regulation.

(f)

Demonstrate that the proposed sources of nonionizing electromagnetic radiation (NIER) will comply with the standards of the National Council of Radiation Protection (NCRP) and the Massachusetts Department of Health, whichever is stricter, or as otherwise required by law.

(g)

Demonstrate that exposures from the electromagnetic field (EMF) measured at the site boundaries and property lines will be as low as reasonably achievable and are within limits of all applicable regulations.

(h)

Demonstrate, for any proposed new tower, that the tower is essential for one or more of the following reasons: a) the planned equipment would exceed the structural capacity of existing and approved wireless communications services facilities or other technically feasible structures, considering existing and planned uses for those structures; b) the planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot reasonably be prevented; c) existing or approved wireless communications services facilities or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably; d) other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures; e) the property owner or owner of the existing tower, etc. or other structure refuses to allow such collocation.

(i)

Document the cost of removal of the wireless communications services facility, including all equipment, tower structures, and related construction, without limitation, and for surrounding property restoration.

(j)

The applicant shall provide a copy of the requests made by the applicant to the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health and provide a written statement that the proposed facility complies with applicable regulations administered by the agency or that the facility is exempt from those regulations. Copies of the response from each agency shall also be provided. If such response is not received by the applicant within 60 days of their first request and within 30 days of their second request, the application will be considered complete. The applicant shall send any subsequently received agency statement, if any, to the SPGA.

(k)

A letter from the applicant to the Town of Wakefield stating whether the applicant intends to lease excess space on the facility to other potential users at reasonable rental rates and on reasonable terms. The SPGA may modify this condition if the facility is attached to an existing structure. The letter shall indicate the number of collocations possible at the proposed facility and commit the facility owner and successors in interest to do the following: a) respond in a timely, comprehensive manner to a request for information; b) negotiate in good faith for shared use by third parties; c) allow shared use if an applicant for shared use agrees in writing to pay reasonable rental charges or other consideration and to pay all costs of adapting the facility or existing users' equipment to accommodate a shared user without causing uneconomically correctable electromagnetic interference or causing electromagnetic radiation in excess of levels set by federal regulations and can otherwise agree on reasonable business terms and conditions for shared use of the facility; d) respond to inquiries for shared use with the information required herein.

Reduction of submittal requirements. When a special permit is sought to collocate facilities on a common tower or site, the SPGA may, at it sole discretion, authorize reduction of submittal requirements. Applicants seeking relief under this provision shall submit to the SPGA, in advance of the filing of an application for a special permit, a specific written request for relief from submittal requirements. This written request shall describe, in sufficient detail for the SPGA's evaluation, the nature and extent of the proposed changes that will occur at the site and the specific submittal requirements that are requested to be waived.

Temporary demonstration structure. Between submittal and the date of advertisement of the public meeting, upon 14 days' notice which must be submitted to the SPGA in writing at a regular public meeting and published in a newspaper in general circulation in the Town of Wakefield, the applicant shall erect a suitable temporary demonstration structure at the site to the height of the proposed tower, if any. A suitable temporary demonstration structure shall be either an extended crane, a balloon of suitable size and color to be clearly visible from a distance of one mile or such other temporary structure meeting the approval of the SPGA and the Building Inspector of the Town of Wakefield. Such temporary demonstration structure shall remain in place for three consecutive days, one of which must be a weekend day, for at least eight daylight hours each day.

Site plan approval; special permit. Site plan approval and a special permit shall be granted by the SPGA in accordance with the Massachusetts General Laws, the provisions of this chapter for wireless communications services facilities and all other applicable bylaws, rules and regulations, ordinances and standards of any kind legally binding within the Town of Wakefield and the district in which the facility is proposed.

(1)

Any extension, addition of equipment or construction or installation of new or replacement towers or transmitters/receivers shall be subject to an amendment of the special permit, following the same procedures as for an original grant of a special permit.

(2)

To justify the installation of a tower, the applicant shall demonstrate that alternative sites on existing buildings, structures or towers technically are not possible to serve the intended "cell" area or that the costs to install and maintain the facility on technically feasible alternative sites are at least three times the cost to install and maintain the tower and the facility on the proposed site. Alternatively, the applicant may justify the installation of a tower if the applicant demonstrates, to the satisfaction of the SPGA, that installation of the proposed tower will result in a net decrease in impact on the community by the reduction or elimination of facilities elsewhere within the community.

(3)

The applicant shall demonstrate that proposed towers are of the minimum height necessary to accommodate the transmitter/receiver. No tower may extend more than 20 feet above the average building height or canopy height of trees, whichever is higher, in the area within 600 feet of the tower.

Site design requirements. The facility shall be located in accordance with the Federal Communication Commission (FCC) and FAA regulations in effect at the time of construction. Furthermore, the operation of the facility shall comply with all requirements of these agencies.

(1)

Irrespective of the all other setback requirements of this chapter, all towers shall be set back from all property lines by a distance that is at least equal to the height of the tower plus 10 feet. For the purpose of this requirement and all other relevant requirements in this chapter, the height of the tower shall be measured from the average ground elevation at the perimeter of the tower foundation to the top of the highest element of the tower and of all components mounted on the tower, whichever is highest.

(2)

The distance from the tower to all buildings with a primary use which includes human occupancy shall be not less than the height of the tower plus 10 feet.

(3)

In reviewing a special permit application for a wireless services facility, the SPGA may reduce the tower setback requirements and the limits on distance to buildings with a primary use that includes human occupancy by as much as 50% of the required distance, if it finds that a substantially better design will result from such reduction. In making such finding, the SPGA shall consider both the visual and safety impacts of the proposed use.

(4)

Eight-foot-high fencing shall be provided to control access to the base of any tower; such fencing shall be compatible with the character of the Town and the surrounding neighborhood and shall not include barbed wire or razor wire. Irrespective of fencing, towers shall be designed to prevent climbing by unauthorized personnel, nor shall there be any permanent climbing pegs within 30 feet of the ground on any tower.

(5)

The applicant shall demonstrate to the satisfaction of the SPGA that the location of any tower is suitable and that the size and height are optimal to minimize impact, including visual impact, on the site, abutters, the neighborhood and the Town of Wakefield.

(6)

There shall be no signs, except for signs required by regulation, no trespassing signs and a sign identifying the owner and giving a telephone number where the owner can be reached on a 24-hour basis and such other emergency and safety information as shall be deemed advisable. Expressly prohibited are signs providing any form of advertisement, whatsoever, as well as any signs that provide any information except that required by regulation or for safety and emergency, unless specifically provided herein.

(7)

All signs shall comply with this chapter, unless required otherwise by regulation.

(8)

Accessory use structures shall be limited to one structure per user per tower, but shall not exceed 10 structures per tower. Unless the applicant demonstrates to the satisfaction of the SPGA that alternative arrangements would be more beneficial to the impact on the surrounding neighborhood, each accessory structure on a site with more than one accessory structure shall be connected to at least one other accessory structure by a common wall, and all accessory buildings shall be of similar architectural design and appearance. The architectural design and appearance shall complement the neighborhood. Unless the applicant demonstrates to the satisfaction of the SPGA that a larger structure is essential, each accessory structure shall not exceed 400 square feet in plan nor 10 feet in height.

(9)

Site clearing shall be performed in a manner which will maximize preservation of natural beauty, conservation of natural resources, and visual shielding of the facility (including towers, if any) and will minimize marring and scarring of the landscape or silting of streams or other water resources.

(10)

The facility shall be provided with vegetative and landscaping screening of the base area as stipulated by the SPGA.

(11)

No outside storage of vehicles, materials or waste shall be allowed, except for limited periods when the facility is undergoing additions, repair, service or renovation.

(12)

Visual impacts of the facility shall be minimized.

(13)

All towers shall be monopole in type. Lattice towers are prohibited, as are towers that require guy wires for support.

(14)

The color of all towers shall be as approved by the SPGA with the intent of minimizing the visual impact on the surrounding area.

(15)

Night lighting of towers shall be prohibited unless required by the FAA. Lighting shall be limited to that needed for emergencie or as otherwise required by the FAA.

(16)

Siting of towers shall be such that the view of the tower from surrounding areas shall be as minimal as possible.

(17)

Shared use of towers is encouraged. When technically not practical and more than one tower is to be placed on a site, towers shall be separated on the site so that one tower will not strike another if the support structure of one fails.

(18)

Towers shall be designed to accommodate the maximum number of uses technologically practical.

Equipment requirements.

(1)

Ground-mounted equipment shall not generate noise in excess of 50 db at the property line.

(2)

Roof-mounted or side-mounted equipment shall not generate noise in excess of 50 db at the closest ground level at the base of the building.

(3)

Whenever feasible, equipment shall be mounted on existing buildings or structures and designed and installed to blend into the appearance and architecture of the building or structure so as to maximize concealment and minimize disruption of the appearance of the building or structure.

(4)

Equipment, including but not limited to transmitters/receivers, accessory equipment and all related support components, mounted on existing buildings or structures shall be designed and installed to minimize visual impact and to maximize public safety.

(5)

When it is not feasible to mount equipment on buildings or structures as provided in Subsection J(4) above, equipment mounted on buildings shall be placed at a height and distance from the building features (such as the roof edge) so as to minimize, in the opinion of the SPGA, the visual impact on the surrounding area.

(6)

Equipment mounted on buildings shall be shielded from view using technologically suitable materials that are intended and designed to cause the equipment to blend to the maximum extent possible, in the opinion of the SPGA, with the building and its surroundings.

(7)

Equipment mounted on buildings and structures shall not project more than 10 feet above its mounting point on the building or structure, nor more than 10 feet above the height limit of the zoning district within which the facility is located, unless the equipment is entirely concealed within an existing building or structure.

(8)

Transmitter/receiver arrays mounted on towers shall be of the minimum size and mounted as close to the tower as technically feasible.

Conditions of use. The facility and its transmissions shall comply in all respects with the current standards of the American National Standards Institute (ANSI) and the National Council for Radiation Protection (NCRP), or as otherwise required by law.

(1)

The owner shall maintain the facility in a safe manner. The owner shall maintain the facility such that its appearance does not degrade over time.

Discontinuance of use. Facilities or their components, including but not limited to any and all transmitters/receivers, equipment, support structures, towers, fencing, and accessory structures, which cease to be used for a period of six months shall be removed within one year of cessation of use or when the facility becomes technically obsolete, whichever comes first. The applicant shall submit a written agreement to remove all components of the facility, without limit, at his own expense in such an event.

Performance guarantees; inspections. Insurance in a reasonable amount determined and approved by the SPGA shall be in force for the entire period that the facility is in place to cover damage from the structure, damage from transmissions and other site liabilities. At the SPGA's discretion, the SPGA may consult, at the applicant's expense, with up to three insurance companies that issue such insurance for the purpose of determining the amount of insurance that is reasonable. Annually, the owner shall file with the Building Inspector a certificate of insurance as proof of coverage. Prior to issuance of a building permit, the applicant shall provide a financial security bond for the removal of the wireless communications services facility with the Town of Wakefield as the assignee, in an amount approved by the SPGA, but not less than twice the certified cost of said removal. Annually, the holder of the special permit shall file with the Building Inspector certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration, American National Standards Institute, and the Massachusetts Department of Public Health, to the extent that standards of these organizations apply to the approved facility. Every fifth year after construction is commenced, towers shall be inspected for structural integrity by a professional engineer registered in the State of Massachusetts and retained by the facility owner(s) or operator(s), and a copy of the inspection report shall be submitted to the Building Inspector within 14 days of its issuance.

§ 190-52 Creative Development Overlay District (CDOD).

Purpose. The intent of this chapter is to provide a process for Town Meeting to approve a Creative Development Overlay District (CDOD) with standards tailored for specific locations after consideration and approval of a concept plan which assures consistency between the intent of Town Meeting and development outcomes. Any such district created by Town Meeting shall be an overlay district superimposed over underlying districts as shown on a map prepared for Town Meeting acceptance. Provisions of the underlying district shall continue to apply except for development subject to the Town Meeting approved overlay district, which may be either more or less restrictive than the zoning provisions otherwise applicable within the underlying districts.

(1)

The provisions of § 190-43, Multifamily Dwellings, shall not apply to developments proposed pursuant to this chapter, Creative development.

Uses.

(1)

Any use allowed in at least one of the districts under a given CDOD is allowed at any location throughout that CDOD, including within underlying districts where such use is not otherwise allowed. Dwelling units are allowed within such structures without limitation on structure type or form of tenure.

Lot area. Lot area shall be not less than as provided in an approved concept plan which in no event shall be less than the following sum:

(1)

The number of detached single-family dwellings times 1/8 acre each; plus

(2)

The number of units in two-family or attached dwelling structures times 1/12 acre each; plus

(3)

The number of units in other multifamily structures times 1/20 acre each.

No additional lot area is required for nonresidential uses, except that, in satisfying the FAR requirements that may be established in the concept plan, nonresidential as well as residential uses shall be included.

Building height. Building height shall not exceed six stories or 70 feet. Rooftop mechanical equipment and its height shall be shown on special permit plan submittals, and shall be selected, located, and if necessary, screened in order to achieve harmonious integration with the building design.

Other dimensional standards. Other dimensional standards shall be as provided in an approved concept plan, rather than those stated in Table 2, Table of Dimensional Regulations. Usable open land shall cover at least 15% of the site area.

Parking and loading.

(1)

The number of parking spaces shall be as required by § 190-33, required off-street parking. The number of required spaces may be reduced by the Planning Board in acting upon the special permit to reflect demand reduction commitments agreed to by the developer and enforceable by the Town, such as affordable dwelling unit commitments or formal employee ride-sharing arrangements, as well as for different uses having different timing of peak demands.

(2)

Legal on-street parking spaces adjacent to the premises may be included in satisfying the parking requirement.

(3)

(4)

Access to parking and loading shall be shared with adjacent premises where feasible, subject to the provisions of § 190-33, and shall be located so as to minimize interruptions of pedestrian movement along business-oriented streets.

(5)

Loading facilities must be provided as required at § 190-33.

Housing affordability. All developments authorized under CDOD provisions that create six or more housing units shall be subject to the affordability requirements of § 190-45.

Concept plan. Parties anticipating making proposals for establishment of a CDOD by Town Meeting are urged to work closely with the Planning Board and Town staff in developing their proposal in order to assure a well-informed process and similarly to arrange for exchanges with those who live near or otherwise would be impacted by the proposal. A petition to be presented to Town Meeting for creation of a CDOD shall include a concept plan and report for that district, which shall contain at least the following:

(1)

(2)

Open space proposed: tabulation of the extent of open space of various categories: land, landscaped, and usable.

(3)

Nonresidential uses proposed: tabulation of floor area by land use category.

(4)

(5)

(6)

Itemization of departures from the use, dimensional, parking or other provisions applicable to the underlying zoning districts.

(7)

Special provisions proposed, including grants of benefits to the Town such as land for public purposes, construction of or contributions towards off-site improvements, or restrictions proposed, such as view corridors or traffic management provisions.

(8)

A traffic analysis indicating that full construction and occupancy as provided in the concept plan will not cause the peak hour traffic level of service to either be lower than reasonably expectable from development not relying upon these provisions or below level of service "D," as defined by MassDOT in current publications of the Highway Research Board.

(9)

A verbal and graphic analysis documenting that the development is assured to be compatible with the character and scale of the immediately surrounding neighborhood.

(10)

An assessment of the impacts of the development upon natural resources, Town utilities, schools, housing needs, taxes or other topics of salience in the particular case.

Procedures. The concept plan shall be provided to the Town Clerk and the Planning Board no later than the date on which first notice is published for the Planning Board hearing on the proposed zoning amendment creating the overlay district, with number of copies and distribution as may be provided in regulations adopted by the Planning Board for administration of these provisions, and shall be reviewed at that public hearing. The Planning Board's recommendation to Town Meeting shall include its observations and recommendations regarding the consistency of the concept plan and report with the requirements of § 190-48H.

Site plan approval. Following Town Meeting approval for creation of a Creative Development Overlay District and its accompanying concept plan, permit applications relying upon that plan shall require site plan review by the Planning Board under the provisions of § 190-60, site plan review, where a special permit is not required. The Planning Board shall approve such site plan, provided that it is consistent with the approved concept plan, and consistent with the provisions of § 190-60. A site plan shall not be found consistent unless each of the following is met:

(1)

The uses proposed are consistent with those of the concept plan in type and extent.

(2)

Although locations of individual buildings, parking, and open space may have been modified subsequent to plan approval, the general scheme is unaltered, and all of the applicable use and dimensional regulations have been met.

(3)

Site and building design shall be in substantial conformance with "6.0 Design Guidelines" in the housing component of the Wakefield Master Plan, May 20, 2003.

(4)

Means have been established to assure compliance with special provisions stipulated at § 190-48H.

(5)

A revised concept plan not consistent with the one approved at the time of Creative Development Overlay District creation may gain approval by going through the same process as required for an original concept plan, that is, being approved by Town Meeting pursuant to an article on the Warrant, following Planning Board hearing and review prior to Town Meeting action, as provided above.

§ 190-53 Self-Storage Facility Overlay District (SSFOD).

Purpose. The Self-Storage Facility Overlay District (SSFOD) is a special overlay district to distinguish locations suitable for a Self-Storage Facility. Within the SSFOD, all provisions of the Zoning Bylaw, Town of Wakefield applicable to the underlying districts shall continue to apply except that a Self-Storage Facility use shall also be allowed therein by special permit from the Zoning Board of Appeals. In addition, a Self-Storage Facility is allowed by right in the Industrial Districts, and by special permit from the Zoning Board of Appeals in the Business District.

Common driveway exception for a self-storage facility. Notwithstanding anything to the contrary stated in this chapter, a common driveway may serve a Self-Storage Facility on a Lot located in the SSFOD and an adjacent Lot located in any zoning district.

Parking and loading exceptions for self-storage facility. Furthermore, when the literal application of the standards for off-street parking and loading in this chapter, including § 190-33, prove to be infeasible for a Self-Storage Facility located in the SSFOD the Zoning Board of Appeals may reduce the requirements by issuance of a special permit. Any such reductions shall be supported by evidence of infeasibility due to lack of suitable land, design considerations or other similar factors. The Zoning Board of Appeals must also find that the granting of such special permit will not adversely affect the health, safety, convenience, character or welfare of the neighborhood or district or of the Town.

Reduction of dimensional regulations and yard requirements. The Zoning Board of Appeals may allow reductions from the requirements of Article IV of this chapter and the Front Yard, Side Yard, and Rear Yard Setback requirements of Table of Dimensional Regulations, Table 2 of this chapter for a Self-Storage Facility located in the SSFOD by special permit. Any such reductions shall be supported by evidence of lack of suitable land or design considerations or other similar factors. The Zoning Board of Appeals must also find that the granting of said special permit will not adversely affect the health, safety, convenience, character or welfare of the neighborhood or the Town.

§ 190-54 MBTA Communities Overlay District (MOD).

Purpose. The purpose of the MBTA Communities Overlay District (MOD) is to allow MOD multifamily dwellings as of right in accordance with MGL c. 40A, § 3A.

Establishment. The MOD is a zoning overlay district as defined in this Zoning Bylaw that does not replace the underlying zoning district but is superimposed over them. The regulations for use, dimensions, and all other provisions of this chapter governing the underlying zoning district(s) shall remain in full force. The use of character areas allows for new infill projects to maintain consistency with the existing development in the area through height, setbacks, building, massing, etc. The MOD has been divided into four character areas as follows:

(1)

Industrial Lofts (MOD-IL): The MOD-IL character area facilitates the development of moderate to large scale apartment buildings of up to 5 stories, with a mixed-use option, interspersed with open space near mass transit.

(2)

North Ave Mixed Use (MOD-NMU): The MOD-NMU character area facilitates the development of a mixed-use project of moderate scale. This character area contributes both new housing and commercial space in an existing mixed-use corridor with access to mass transit. Buildings are typically set close to the sidewalk to create a defined streetwall that supports pedestrian activity and a sense of place. Ground story active commercial uses address the needs of residents and employees in the immediate neighborhood, the larger Wakefield community, and regional visitors. This area is compliant with the criteria listed in EOHLC's SECTION 3A/MBTA COMMUNITIES ZONING IMPLEMENTATION FACT SHEET: MANDATORY MIXED-USE DISTRICTS AND SECTION 3A, hereinafter Mandatory Mixed-Use Criteria (MMUC).

(3)

Neighborhood Commercial (MOD-NC): The MOD-NC character area facilitates infill of small to moderate scale (two or three story) buildings of either a mixed-use or exclusively residential purpose. This character area is comprised of traditional neighborhood commercial corridors that serve those who live and work in the area with buildings that are set close to the sidewalk, creating a defined streetwall that supports pedestrian activity and a sense of place.

(4)

High Rise Residential (MOD-HRR): The MOD-HRR character area facilitates the infill of large scale, high rise apartment buildings, providing a variety of housing opportunities while preserving the surrounding conservation land and wetlands.

Applicability of MOD. The MOD includes all the lands designated on the map titled MBTA Communities Overlay District with the four character areas noted. The parcels within the MOD have a range of base zoning districts. The zoning rules applicable to the base zoning districts shall be in effect except where a property owner chooses to "opt-in" and utilize the provision of the MOD. The owner of one or more parcels within the MOD may use the base zoning provisions or the provisions of the MOD, but not both simultaneously.

(1)

Inclusion of partial lots. Any lot whose underlying zoning is split but is fully included in the MOD, shall be permitted the uses listed by right as within the MOD without further rezoning.

Permitted uses. Notwithstanding anything to the contrary in this chapter, the following uses are permitted as of right in the MOD, subject to Site Plan Review. In the MOD, a MOD multifamily dwelling with at least of three dwelling units per lot is allowed as of right, subject to Site Plan Review, the MOD Table of Use of Regulations as shown below. The Zoning Board of Appeals shall be the site plan review authority.

Use	MOD-IL	MOD-HRR	MOD-NMU	MOD-NC
MOD Apartments	Y	Y	N	Y
MOD Live-Work Units	Y	Y	Y	Y
MOD Mixed Use	Y	N	Y	Y

(1)

Any MOD Multi-family Dwelling built within the MOD-NMU is required to be compliant with the use standards set forth in the MMUC.

(2)

MOD Mixed-use is permitted by right in MOD-IL, MOD-NMU, and MOD-NC provided the commercial use meets the standards of the underlying zoning use restrictions.

(3)

Short-term rentals shall be prohibited throughout the MOD.

MOD Site dimensional standards. Notwithstanding anything to the contrary in this chapter, the dimensional requirements applicable in the MOD shall be as set forth in the Table of Site Dimensional Regulations for the MOD as below:

Standard	MOD-IL	MOD-HRR	MOD-NMU	MOD-NC
Min. Lot Area	NA	NA	NA	NA
Max. units/acre	50	33	30	30
Min. Open Space %	20	20	20	20
Min. Lot Frontage	35'	70'	20'	20'
Min. Front Setback	10' or average of block	20'	NA	NA
Min. Side Setback*	10'	30'	NA	NA
Min. Rear Setback*	15'	30'	15'	15'
Max. Lot Coverage %	60	30	50	50

Note:
*	Add 10' to listed side/rear setback if abutting a residential zoning district.

MOD Building dimensional standards. Notwithstanding anything to the contrary in this chapter, the dimensional requirements applicable in the MOD shall be as set forth in the Table of Building Dimensional Regulations for the MOD as shown below:

Standard	MOD-IL	MOD-HRR	MOD-NMU	MOD-NC
Max. Building Footprint (sf)	15,000	20,000	10,000	10,000
Max. Building Height	5 stories 57'	10 stories 120'	3 stories 40'	2 stories/28' if Residential 3 stories/40' if MU
Ground Story Height (min./max.)	12' Min. 20' Max.	12' Min. 20' Max.	13' Min. 15' Max.	13' Min. 15' Max.
Min. Building Separation for Multiple Buildings on Lot	20'	20'	20'	20'
Ground Floor Residential	Permitted	Permitted	Not permitted	Up to 2 ADU Units Permitted
Min. Ground Story Fenestration %	20	20	70	70
Min. Ground Story Active Use %	NA	NA	75	75 if MU, NA if Residential only
Max. Length of Continuous Facade (ft)	60	40	40	40

Ground story use. The intent of the MOD Mixed-use is to ensure that the ground story nonresidential use facilitates an active street level of the building with a transparent facade where those external to the building can see active uses on that floor, creating opportunities for interaction.

(1)

Active uses such as retail, restaurant, bar, specialty food service, place of amusement, personal service, gallery/arts studio, or live/work commercial space shall comprise 75% of the ground floor street frontage.

(2)

Semi-active uses shall be limited to 25% of the ground floor street frontage. Semi active uses shall include lobbies and common areas associated with office, or residential uses and access to accessory parking, loading or service areas.

Parking. Unless otherwise stated in this § 190-54, refer to § 190-33 for location and design of off-street parking spaces.

(1)

Number of residential parking spaces. In all character areas the minimum number of off-street parking spaces shall be 1.5 spaces per dwelling unit, either in surface parking or within garages or other structures.

(2)

Parking for mixed use structures. In MOD-NMU and MOD-NC character areas, the commercial uses on the first floor shall have no parking requirements regardless of use.

(3)

Parking materials. The parking surface shall be concrete, asphalt, bricks, or pavers, including pervious materials. Use of grass, uncontained soil, or the like shall be prohibited.

(4)

Parking area. The parking area located within the lot must reasonably and safely accommodate the entering and exiting of dwelling unit vehicles.

(5)

Parking Area Location. Parking areas shall be located to the rear or side of the principal building. Parking shall not be located between the building and any lot line adjacent to the public right-of-way. Driveways serving parking areas shall conform to § 190-33P.

(6)

Buffers. The surfaced areas of off-street parking areas shall be set back a minimum of three feet from all buildings and side and rear property lines, except as may be approved by the Zoning Board of Appeals. Buffers between property lines and parking areas shall be landscaped. Buffers between the buildings (rear and side) and parking areas shall include landscaping or walkways.

MOD Site design. Site plans for developments in the MOD shall include the following:

(1)

Connections. Sidewalks shall provide a direct connection among building entrances, the public sidewalk (if applicable), and vehicular and bicycle parking.

(2)

Vehicular access. Where feasible, curb cuts shall be minimized, and shared driveways encouraged.

(3)

Plantings. Planting is encouraged to include the use of native vegetation. Refer to the Town of Wakefield Conservation Commission Native Planting Policy.

(4)

Outdoor lighting plan. Plans must show the location and type of outdoor lighting and lighting fixtures. All exterior lighting shall be designed and installed so as to be shielded or downcast, and to avoid light trespass onto adjacent properties and streets. Lighting fixtures shall be selected in accordance with dark sky compliance principles. Plans shall depict the light intensity (foot-candle) in an appropriate grid. All exterior lighting shall be limited to 15 feet in height and shall cast a maximum of eight-foot candles of light on the ground. Lighting shall also be directed so as not to blind vehicular or pedestrian traffic, shine into adjacent buildings or spill over to abutting properties.

(5)

Stormwater management. Refer to 5170 Storm Drain System; Stormwater Management for Wakefield stormwater bylaw and associated requirements.

(6)

Offsite improvement plans. Plans shall depict full design, grading and layouts for any work required within the public way to support the project. This includes but is not limited to pedestrian, traffic and utility improvements.

MOD buildings. The following regulations apply to buildings in the MOD:

(1)

Position relative to the principal street. The primary building shall have its principal facade and entrance facing the principal street, except as set forth below with respect to corner lots.

(2)

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

(3)

Shared outdoor space. All multi-family dwelling units shall have outdoor space that residents can access. Such space may be located in any combination of the ground floor, courtyard, rooftop, or terrace. Space shall either be shared among all residents or allocated on a unit by unit basis.

(4)

Corner lots. A building on a corner lot shall have a primary entrance either along one of the street-facing faqades and/or on the primary corner as an entrance serving both streets.

(a)

Such entries shall be connected by a paved surface to the public sidewalk or right of way.

(b)

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

(c)

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

(5)

Principal facade and garages. Parking garages shall be subordinate in design and location to the principal building facade. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.

Affordability. All developments in the MOD district that have eight or more units shall include at least 10% of the dwelling units (and no fewer than 1) available as affordable units limited to 80% Area Median Income (AMI) and eligible for listing in the Town's Subsidized Housing Inventory (SHI). For purposes of calculating the number of affordable units required, the unit requirement shall round up to a whole unit for any fraction of 0.5 or above.

Site plan review; applicability. Site Plan Review is required for any building within the MOD. An application for Site Plan Review shall be reviewed by the Zoning Board of Appeals for consistency with the purpose and intent of this § 190-54.

Site plan review; submission requirements. Site plans and stormwater report shall be prepared and stamped by civil engineers, land surveyors, architects, and/or landscape architects, registered in the Commonwealth of Massachusetts per their area of expertise as required by law. The plan shall be submitted digitally to the Zoning Board of Appeals and on D-size sheets (24 inches by 36 inches). All plans shall be signed and stamped, and drawings should be prepared at a scale of suitable size.

As part of any application for Site Plan Review for a project within the MOD, the Applicant must submit the following documents:

(1)

Application for site plan review. Site plans that show the position of the building on the site, points of vehicular access to and from the site and vehicular circulation on the site, stormwater management, utilities, and landscape treatments, including any screening of adjacent properties, and other information commonly required by the Zoning Board of Appeals for Site Plan Review.

(2)

Elevations of the building(s) showing the architectural design of the building.

(3)

Stormwater Report consistent with the requirements of § 170 Storm Drain System; Stormwater Management, demonstrating no increase in stormwater rate or volume to adjacent properties or the public/private way.

(4)

Narrative of compliance with the applicable MOD Development Standards.

Site plan review; timeline. Site Plan Review should be commenced no later than 30 days following the submission of a complete application and should be completed expeditiously. The Zoning Board of Appeals may, when appropriate, seek the input of other municipal boards or officials. The Zoning Board of Appeals shall make a final decision regarding a site plan within 90 days after the date of its public hearing. The required time limits for public hearing and Zoning Board of Appeals action may be extended by written agreement between the applicant and the Zoning Board of Appeals. Failure of the Zoning Board of Appeals to act within said 90 days or extended time, if applicable, shall be deemed an approval of the site plan.

Site plan approval; decision. Site Plan approval for uses listed in § 190-61G, "Permitted Uses," shall be granted upon determination by the Zoning Board of Appeals that the following conditions have been satisfied. The Zoning Board of Appeals may impose reasonable conditions, at the expense of the applicant, to ensure that these conditions have been satisfied:

(1)

The Applicant has submitted the required information as set forth in the Town's requirements for a Building Permit and Site Plan Review; and

(2)

The project as described in the application meets the MOD Development Standards.

Wakefield City Zoning Code

ARTICLE IX

§ 190-46 Floodplain Overlay District (FPOD).

§ 190-47 Municipal District (MD).

§ 190-48 Municipal Building Reuse Overlay District (MBROD).

§ 190-49 Signage Overlay District (SOD).

§ 190-50 Mixed use Overlay District (MUOD).

§ 190-51 Wireless Communication Services Overlay District (WCSOD).

§ 190-52 Creative Development Overlay District (CDOD).

§ 190-53 Self-Storage Facility Overlay District (SSFOD).

§ 190-54 MBTA Communities Overlay District (MOD).