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Town of Salisbury, MA
Essex County
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Table of Contents
Table of Contents
[Added 5-17-1999 ATM by Art. 14]
[Amended 10-23-2006 ATM by Art. 5]
The purpose of planned office development (POD) is to provide land for office, research and development, and product assembly purposes in the Office Park District (C3). In addition, POD developments encourage reduced traffic impacts through shared access and parking facilities, regulate land use compatibility, and discourage conventional strip developments along our community streets. Moreover, POD should provide a land use pattern to accommodate a variety of uses and to allow for the preservation of open space and the protection of natural and architectural features and other environmentally sensitive areas.
The Planning Board may grant a special permit for a planned office development (POD) in the Office Park District (C3) only. The granting of a special permit for a planned office development shall also constitute approval and compliance with all site plan review requirements.
The following requirements shall be in addition to the general requirements for a special permit specified in § 300-35 of this bylaw.
A. 
Preapplication conference. To promote better communication and to avoid misunderstanding, applicants are encouraged to submit preliminary materials for review by the Board prior to formal application. Preliminary subdivision plans, if any, should be submitted to the Planning Board prior to the application for a special permit. Such preliminary subdivision plans shall be submitted and comply with the Rules and Regulations Governing the Subdivision of Land in the Town of Salisbury.[1]
[1]
Editor's Note: See Ch. 465, Part 2, Subdivision of Land.
B. 
Application. Applicants for a special permit for a POD shall submit to the Planning, Board 10 copies of the following: an application and the development plan in accordance with Subsection C. If the plan involves more than one ownership, each owner of land included in the plan shall be a party to the application and, upon approval, subject to its provisions.
C. 
Development plan.
(1) 
It shall be drawn at a scale of one inch equals 40 feet, unless another scale is previously requested and found suitable by the Board.
(2) 
The scale, date and North arrow shall be shown.
(3) 
Lot number, dimensions of lot in feet, size of lot in square feet, and width of abutting streets and ways shall be shown.
(4) 
Easements within the lot and abutting thereon.
(5) 
A professional engineer, registered architect or registered landscape architect shall prepare the site plan.
(6) 
The plan shall be stamped by the registered land surveyor who performed the boundary survey and who shall certify the accuracy of the location of the buildings, setbacks, and all other required dimensions, elevations, and measurements and shall be signed under the penalties of perjury.
(7) 
A utilities and drainage plan shall be prepared by a professional engineer.
(8) 
The location of existing or proposed buildings on the lot shall be prepared by a registered architect to include the total square footage and dimensions of all buildings, all building elevations and floor plans, and perspective renderings. Further, the depiction of materials and colors to be used shall be required.
(9) 
The total number of commercial units.
(10) 
The location of existing wetlands, water bodies, wells, one-hundred-year floodplain elevation and other natural features requested by the Planning Board during the preliminary plan review phase.
(11) 
The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot.
(12) 
Percent of building lot coverage.
(13) 
Average height of each building (see definition).
(14) 
The elevation above average finished grade of the floor and ceiling of the lowest floor of each building.
(15) 
Existing and proposed topographical lines at two-foot intervals.
(16) 
The use designation of each building or part thereof, and of each section of open ground, plaza or usable roof space.
(17) 
Numbering of parking spaces.
(18) 
Height of all buildings above average finished grade of abutting streets.
(19) 
A landscape plan to include the total square feet of all landscape and recreation areas, and depiction of all materials to be used, and the quantity, size, and species of plantings.
(20) 
Deed or other recorded instrument that shows the applicant to be the owner under the option of the land to be designated as a POD and that the land is in single or consolidated ownership at the time of final plan applications.
(21) 
The applicant shall submit such materials as may be required regarding measures proposed to prevent pollution of surface water or groundwater, soil erosion, increased runoff and flooding; design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets, and to screen objectionable features from neighbors; projected traffic flow patterns into and upon the site for both vehicles and pedestrians; and an estimate of the projected number of motor vehicle trips to and from the site for an average day and for peak hours.
D. 
Other material. In addition to the materials required above and by § 300-35 of this bylaw, the application materials shall also indicate each landowner's interest in the land to be developed and the substance of, if any, covenants and grants of easements to be imposed upon the use of land and structures and a development schedule.
E. 
Review of other boards and agencies. Upon receipt of the application and related plans/analyses, the Board shall within 10 days transmit one copy each to the Planning Director, Department of Public Works Director, Building Inspector, Board of Health, Conservation Commission, and Fire Department. These boards and agencies shall review said plans and provide recommendations to the Board within 30 days.
F. 
Board considerations. In addition to the general permit findings required in § 300-35, the Planning Board shall also make the following determinations:
(1) 
That the plan complies with the requirements of Article XVIII, Site Plan Review;
(2) 
That the plan provides the opportunity for a variety of office and/or commercial uses and enhances the overall size and character of the development;
(3) 
That the plan is superior to a conventional plan in preserving and protecting the natural and cultural features of the site;
(4) 
That the plan allows more efficient provision and/or use of streets, utilities, and other public services and does not constitute a health or safety hazard;
(5) 
That consideration has been given to the Salisbury site plan approval process and requirements and the Salisbury Master Plan.
A planned office development special permit shall conform to the following:
A. 
Minimum tract size. For each application for a special permit the tract in single or consolidated ownership at the time of application shall be at least 10 acres and shall be subject to approval by the Planning Board under the Subdivision Control Law.[1] Minimum tract size may include up to one acre of land defined as wetlands under the Massachusetts Wetland Protection Act.[2]
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
[2]
Editor's Note: See MGL c. 131, § 40.
B. 
Allowable uses. For a POD in the Office Park District (C3), all permitted uses and uses allowed by a Planning Board special permit in the Office Park District as indicated in the Table of Use Regulations are permitted.[3] Note, all approved POD's shall be served by a public water and sewer system.
[3]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
A. 
Unless increased by the Planning Board to 50 feet, all buildings shall be limited to 35 feet in height.
B. 
Minimum width of open land between any lot and adjacent property not part of the Planned Office Development (POD) shall be 50 feet, and between each building in the POD a minimum of 40 feet. Up to one acre of property in the Commercial District (C), which is part of a parcel proposed for a POD, may be used to calculate the minimum tract size required for a POD. Further, a building setback of at least 25 feet shall be required from the front lot line.
C. 
Each building lot shall contain a site that, subject to the approval of the Director of Public Works, shall be suitable for connection to the Town sewer system.
D. 
Each lot shall be of a size and shape that shall provide a building site which is in harmony with the natural features of the site and provides adequate access to public safety vehicles. The size and shape of each lot and location of the building site and parking areas shall be subject to the approval of the Planning Board.
E. 
Unless reduced by the Planning Board to minimum of 30%, at least 40% of the total tract area shall be set aside and maintained as permanent open space. Under no circumstances shall the open space be built upon, or used for parking or auxiliary business purposes.
F. 
Unless increased by the Planning Board to 50%, the maximum building coverage shall be 40%.
G. 
The required frontage is 150 feet.
H. 
Any proposed construction of structures or parking lots shall be 50 feet from any wetland boundary, and only limited cutting or alteration of land shall occur within 25 feet.
Prior to the Board increasing any heights or reducing the required open space or building coverage the Board must find that the plan meets the following design standards prior to a special permit being issued. The Board shall find that:
A. 
The plan sufficiently incorporates the use of shared driveways and automotive connections between developments
B. 
Pedestrian access is provided to the site along its access road and that the provision for pedestrian connections to abutting properties and required open space areas is also incorporated into the plan.
C. 
Proposed drainage improvements are consistent with any state or local stormwater control guidelines or regulations.
D. 
Any structured parking facilities shall be consistent with the design of the buildings
All streets, drainage, water systems, sewerage, utilities, grading, and other improvements shall be made in accordance with the Rules and Regulations governing the Subdivision of Land in the Town of Salisbury.[1] In accordance with the Subdivision Control Law[2] and the Rules and Regulations governing the Subdivision of Land in the Town of Salisbury, the Planning Board shall require a performance guarantee for the proper installation of all improvements.
[1]
Editor's Note: See Ch. 465, Part 2, Subdivision of Land.
[2]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
All parking requirements shall be met off street and in accordance with the criteria established in this bylaw.