[Amended 6-2-2014 ATM by Art. 58]
The Town of Plainville is hereby divided into
the following types of districts:
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RA —
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Single-Family Residential District
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RB —
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Single-Family Residential District
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RC —
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General Residential District
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RD —
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General Residential District
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CA —
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Shopping Center Commercial District
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CB —
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General Commercial District
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CC —
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Roadside Commercial District
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CD —
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Industrial District
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CI —
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Commercial Interchange District
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IA —
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Special Industrial District
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IB —
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Limited Industrial District
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IC —
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Controlled Industrial District
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GPD —
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Groundwater Protection District
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FPD —
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Floodplain District
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TCD —
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Town Center District
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[Amended 6-1-2015 ATM by Art. 58; 6-6-2016 ATM by Art. 43]
Said districts are located and bounded as shown
on a map entitled "Zoning Map," dated March 1964, revised July 11,
1967, September 18, 1969, April 1978, September 1979, April 1981,
June 1984, May 1985, April 1987, June 1989, June 1996, June 1999,
October, 2000, May 18, 2009 (corrected August 20, 2009), October 25,
2012, January 2013, March 20, 2014 and June 6, 2016, on file in the
office of the Town Clerk. The Zoning Map, with all explanatory matter
thereon, is hereby made part of this bylaw.
[1]
Editor's Note: Copies of the Town's Zoning Maps are included as attachments to this chapter.
The location of the boundary lines of the districts
shown on the Zoning Map shall be determined as follows:
A.
Where the district boundary is indicated as approximately
following a street line or power easement, it is the center line of
the street or power easement.
B.
Where the district boundary is indicated as approximately
following a lot line, it is the lot line.
C.
Where the district boundary is indicated as approximately
following a railroad line, it is at one boundary of the railroad right-of-way.
D.
Where the district boundary is indicated as approximately
parallel to a street line or railroad line, it is parallel to the
center line of the street or railroad and at the distance in feet
from the street line or railroad right-of-way indicated on the Zoning
Map; such distance being measured at right angles to such street lines
unless otherwise indicated.
E.
Where the district boundary is indicated as approximately
perpendicular to a street line, it is either perpendicular or radial
unless marked otherwise.
F.
Where the district boundary is indicated as approximately
following a stream, it is the center line of the stream.
G.
Where no other means of determination are possible,
boundaries shall be determined by use of the scale on the Zoning Map.
Where a district boundary zoning line divides
any lot existing at the time such line is adopted, the zoning regulations
applicable to each portion of the divided lot shall extend not more
than 30 feet into the other portion of the same divided lot.
A.
Lot size and shape. Except as may be authorized by
exemption, exception, special permit or variance, no lot on which
a building is located in any district shall be reduced or changed
in size or shape so that the lot fails to conform to the Intensity
of Use Schedule,[1] except when a portion of the lot is taken or conveyed
for any public purpose.
(1)
Lot width. The diameter of the largest circle that
can be inscribed within the side lot lines at every point on a continuous
line from the frontage of the lot to the front line of the principal
building of the lot.
[Amended 6-1-2015 ATM by Art. 61; 6-6-2016 ATM by Art. 47]
(a)
Cul-de-sac exception. In the RA Zoning District, on lots where one of the lot corners lies on the cul-de-sac of a dead end road, the lot width may be amended to be the lesser of either that distance listed in the Intensity of Use Schedule (§ 500-17 of the Zoning Bylaw, shown as 500 Attachment 1 in the Bylaws, or the chord distance connecting the end points of the two side lot lines where they intersect the roadway. This exception shall only be allowed between the lot frontage and the forty-foot setback from the lot frontage.
(2)
Lot area. A principal building shall not be constructed on any residential lot unless at least 80% of the minimum lot area required in the Town of Plainville Zoning Bylaw § 500-17 is "upland area." For purposes of this section only, "upland area" shall include all land not regulated as wetlands under MGL c.131, § 40 (Wetlands Protection Act), with the exception that bordering land subject to flooding and riverfront areas may be counted as "upland area." Lots created prior to the date of adoption of this section are exempt from this requirement.
[Added 6-2-2014 ATM by Art. 52]
(3)
Lot
shape factor. A principal building shall not be constructed on any
lot unless the lot contains a "lot shape factor" having a numerical
value of 22.0 or less. The "lot shape factor" is the numerical value
resulting from the division of the perimeter (P) squared, measured
in feet, by the area (A), measured in square feet, of a closed parcel
of land containing the minimum required lot area for the zoning district
in which the principal building will be located [P2/A ≤ 22]. The closed area used for calculation shall be entirely contained within the lot, and, for residential uses, shall contain at least 80% "upland area" as defined in § 500-16A(2). Residential buildings having four units or less must be located within the area used to calculate the lot shape factor. Residential buildings having five or more units, or non-residential buildings, may be located outside the shape factor area if said building has received a special permit granted by the Planning Board under § 500-19, § 500-24, § 500-26 or § 500-37 of the Zoning Bylaws. Lots approved under § 500-22 (Residential cluster development), and lots where the principal building is located within the IA, IB, IC or CI Zoning Districts, are exempt from the requirements of this section. The requirements of the lot shape factor are considered to be area and width requirements within the meaning of MGL c. 40A, § 6. Lots created prior to the adoption of this section are subject to either the lot configuration regulations that were in effect prior to adoption of this section, or these regulations, whichever are more lenient.
[Added 6-1-2015 ATM by Art. 61]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter; see § 500-17.
B.
Buildings, pads, and premises. No building shall be erected or used or premises used except in conformity with the Intensity of Use Schedule (§ 500-17) or § 500-41 (Commercial Interchange District). No more than one principal building shall be erected or used on any one lot in the RA, RB or RC Zoning District unless part of an approved cluster residential subdivision approved in accordance with § 500-22, multibuilding developments in the RD District or any commercial or industrial district (except the CI Commercial Interchange District, in which use and development is subject to § 500-41) on a single lot shall be subject to a development permit and site plan review as provided in §§ 500-5 and 500-39 and to any other special permit or approval required under this bylaw.
C.
Yards and open space. No part of any yard or other
open space required for the purpose of complying with the provisions
of this bylaw shall be counted as part of a yard or other open space
required for a building on another lot, except in the case of integrated
developments in the CI District. Integrated developments in the CI
District that are located on more than one lot shall be considered
to be on one lot, and separate yards shall not be required for interior
lot lines.
D.
Accessory building. No accessory building or structure,
except a permitted sign or a temporary roadside stand, shall be located
within a required front or side yard or nearer to the rear lot line
than 10 feet, except that, on lots of less than 10,000 square feet,
accessory buildings may be placed within three feet of a side or rear
line.
E.
Exceptions to lot requirements.
(1)
Waiver of strict compliance.
(a)
The Board of Appeals, as permit granting authority,
may waive strict compliance with applicable requirements as follows:
[1]
Lot frontage, providing at least 80% of the applicable requirement is met and the lot conforms to the requirements of § 500-16A(1), (2) and (3).
[Amended 6-1-2015 ATM by Art. 61]
[2]
Side yard and rear yard, providing such waiver
does not reduce conformity below 80% of the applicable requirements
of the district in which the lot is located.
[3]
Parking, providing such waiver does not reduce
conformity below 80% of the applicable requirements of the district.
(b)
The Board of Appeals shall affirmatively find
that such waiver shall not in any substantial sense be detrimental
and depreciate property values in the immediate neighborhood. The
Board shall follow all the procedures outlined in MGL c. 40A, § 15,
when deliberating on a permit to grant exceptions to lot requirements.
[Amended 6-5-2017 ATM by Art. 47]
(2)
Exemptions from frontage and area requirements. In
any zoning district, a vacant lot or lots having less than the applicable
square footage or frontage requirements, or both, shall be exempt
from either or both requirements aforestated if said lot or lots:
[Amended 6-5-2017 ATM by Art. 48]
(a)
Is a lot in ownership separate from that of
adjoining land located in the same zoning district at the time of
the adoption of this bylaw; and
(b)
Is a lot or lots separately described in a deed
or record at the time of the adoption of this bylaw; and either
(c)
Is a lot or lots separately shown on any approved
subdivision plan notwithstanding the amount of elapsed time since
approval of said plan; or
(d)
Is a lot or lots shown on a plan which does
not require Planning Board approval under the Subdivision Law,[2] provided the plan carries the notation that no such approval
is so required, and notwithstanding the amount of elapsed time since
the notation was made through vote of the Planning Board.
[1]
Provided that any lot referred to above contains at least 50 feet of frontage and 5,000 square feet of area and, in the case of more than one nonconforming, undeveloped and contiguous lots in common ownership not protected under MGL, c. 40A, shall be subject to the provisions of Subsection E(3) below.
(3)
Combined and replatted lots. Notwithstanding the provision of Subsection E(2), the Board of Appeals, as permit granting authority, may require two or more nonconforming, undeveloped and contiguous lots in common ownership to be combined:
(a)
Whenever such combination creates less than
one fully conforming lot.
(b)
Whenever such replatting and combination of
lots creates a lot in excess of the applicable area and frontage requirements,
the combined lots may be replatted into as many fully conforming lots
of the required frontage as is practicable without in turn retaining
or creating nonconforming lots, provided that, if such replat would
create or retain one or more nonconforming lot or lots, the combined
lots shall be replatted into as many lots as most nearly conform to
the applicable frontage requirements; which replat fully utilizes
all existing frontage represented through the combination of said
lots and which replat in no case creates a lot with frontage less
than 80% of the applicable frontage requirements.
(c)
Whenever lots subject to combination are in
common ownership with a building or structure, so much of any such
nonconforming lot which is subject to the requirements of combination
shall be reserved where ownership of the land involved is the same
person or entity and where the reservation is needed to exactly provide
an existing building or structure with the land to meet applicable
yard requirements. What remains after the reservation shall be combined
for replat purposes. If an existing building or structure partially
overlaps into an otherwise undeveloped and nonconforming lot which
would be subject to combination for replat purposes, then so much
of the invaded lot (where ownership is in the same person or entity)
shall again be reserved to provide needed land to meet yard requirements,
and the remainder of the invaded lot shall be combined for replat
purposes.
The tabular material of this § 500-17, which contains the Intensity of Use Schedule, is included at the end of this chapter. Although the schedule is included at the end of the chapter, it shall be considered a section of the Zoning Bylaw and shall not be construed as appendix or ancillary material.
A.
General provisions. No structure shall be erected,
altered or used and no premises shall be used except as set forth
in the Use Regulation Schedule.[1] Construction or operations under a permit or special permit shall conform to any subsequent amendment to this bylaw unless the use or construction is commenced within 12 months after the issuance of such permits. Only one principal use is allowed on any lot in a residential zoning district. Home occupations (§ 500-33) are not considered principal uses.
[Amended 6-5-2017 ATM by Art. 50]
[1]
Editor's Note: See § 500-19; said schedule is included at the end of this chapter.
B.
Prohibited activities. Land clearing, excavation,
gravel removal or clear-cutting of trees in anticipation of any use
requiring action and/or approval by the Planning Board or the Zoning
Board of Appeals is prohibited prior to said action or approval unless
the proposed use or improvement is necessary, provided that documentation
of a final order is submitted to the Zoning Enforcement Officer no
less than 48 hours before the commencement of any related site work.
Limited clearing and excavation is permitted to obtain survey and
engineering data. The Planning Board and/or the Zoning Board of Appeals
reserves the right to disapprove any such work and to order restoration
of the site as deemed necessary.[2]
[Amended 6-5-2017 ATM by Art. 51]
The tabular material of this § 500-19, which contains the Use Regulation Schedule, is included at the end of this chapter. Although the schedule is included at the end of the chapter, it shall be considered a section of the Zoning Bylaw and shall not be construed as appendix or ancillary material. The Planning Board shall be the special permit granting authority under § 500-19.
A.
Special permit granting authority. Certain specific
uses, buildings and structures identified in this and other sections
of this bylaw may be authorized to be located, relocated, altered
or substantially expanded in specified districts only upon the issuance
of a special permit from the special permit granting authority, as
designated herein. Except as may be specified otherwise in this bylaw,
the Board of Appeals shall be the special permit granting authority
(SPGA).
B.
Special permit procedure. Special permits shall only
be issued following public hearings held within 65 days after the
filing of an application with the Town Clerk, a copy of which application,
including the date and time of the filing certified by the Town Clerk,
shall be filed forthwith by the application with the special permit
granting authority. The procedure to be followed in acting upon such
application shall be as follows:
(1)
Notice of public hearing shall be given as provided
for in MGL c. 40A, § 11. Such notice shall be given at the
expense of the applicant by publication in a newspaper of general
circulation in the Town, one in each of two successive weeks, the
first publication to be not less than 14 days before the day of the
hearing, and by posting such notice in a conspicuous place in the
Town Hall for a period of not less than 14 days before the day of
such hearing.
(2)
The notice of the public hearing shall also be given
at the applicant's expense by mail, postage prepaid, to "parties in
interest" as defined in said MGL c. 40A, § 11. "Parties
in interest" shall mean the applicant; abutters, owners of land directly
opposite on any public or private street or way and abutters to the
abutters within 300 feet of the property line of the applicant, as
they appear on the most recent applicable tax list; the Planning Board
of the Town; and the planning board of every abutting city or town.
The Town's Board of Assessors shall certify to the special permit
granting authority the names and addresses of the parties in interest,
and such certification shall be conclusive for all purposes.
(3)
The notice shall contain, at a minimum, the name and
address of the applicant; a description of the area or premises, street
address, if any, or other adequate identification of the location
of the area or premises which is the subject of the petition; the
date, time, and place of the public hearing; the subject matter of
the hearing; the nature of the action or relief requested; and the
place where the records of the filing may be viewed.
(4)
The SPGA shall forward two copies of the site plan
and/or supporting materials to the Planning Board, and to other boards
as deemed appropriate by the SPGA, for review and comment. The boards
shall review and make such recommendation as they deem appropriate
and shall send a copy thereof to the SPGA. Failure of the boards to
make such recommendations with 35 days of receipt of material from
the SPGA shall be deemed lack of opposition thereto. The SPGA shall
take into consideration the recommendation of the boards in acting
upon the application for a special permit.
(5)
Failure by the special permit granting authority to
take final action on an application within 90 days of the date of
the public hearing, or extended time if applicable, shall be deemed
to be a grant of special permit. The applicant who seeks such approval
of the special permit granting authority to act within the prescribed
time shall comply with the applicable provisions of MGL c. 40A, § 9.
C.
Criteria. The SPGA shall find that the use is not
noxious, harmful or hazardous, is socially and economically desirable,
will meet any existing or potential need, and that the applicant has
no reasonable alternative available to accomplish the purpose of the
application in a manner more compatible with the character of the
immediate neighborhood. The advantage of the proposed use shall outweigh
any detrimental effects, and such detrimental effects on the neighborhood
and the environmental will not be greater than could be expected from
development which could occur if the special permit were denied. In
making their determination, the SPGA shall indicate consideration
of each of the following:
(1)
Social, economical or community needs which are served
by the proposal.
(2)
Traffic flow and safety.
(3)
Adequacy of utilities and other public services.
(4)
Neighborhood character.
(5)
Visual impacts on the surrounding neighborhood.
(6)
Qualities of the natural environment.
(7)
Effects of the proposed use on neighboring properties
due to the effects of lighting, odors, smoke, noise, sewage, refuse
materials, visual or other nuisances.
(8)
Potential fiscal impact.
(9)
Water consumption, taking into consideration current
and projected future local water supply and demand.
(10)
Consistency of the proposal with the Town of
Plainville Master Plan, as most recently updated.
D.
Powers of the special permit granting authority. The
special permit granting authority shall have the power to impose reasonable
conditions and modifications, including limitations of time and use,
as a condition of a special permit and may secure compliance or performance
by requiring the posting of a bond or other security.
E.
Conformance. Construction or operations under a special
permit shall conform to any subsequent amendments of this bylaw unless
the use or construction is commenced within a period of six months
after the issuance of the permit and, in cases involving construction,
unless such construction is continued through to completion as continuously
and expeditiously as is reasonable.
F.
Expiration. Special permits shall lapse if a substantial
use thereof or construction has not begun, except for good cause,
within 36 months of special permit approval, exclusive of such time
required to pursue or await the determination of an appeal, referred
to in MGL c. 40A, § 17, from the grant thereof.
[Amended 6-5-2017 ATM by Art. 46]
G.
Special conditions applicable to special permits. (Specific uses are listed in the same sequence as in the Use Regulation Schedule, § 500-19.)
[Amended 6-6-2016 ATM by Art. 48; 6-6-2016 ATM by Art. 51]
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Uses
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District
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Special Conditions
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Agricultural uses by special permit
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Farm, other stock
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RC, RD, CA, CB, CD
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Special permit conditions shall apply only to
parcels less than five acres (MGL c. 40A, § 3)
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Nursery or greenhouse with retail sales
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RC, RD
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May be issued for such use in an existing dwelling
only
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Nursery or greenhouse wholesale only
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RC, RD
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Subject to provisions for access, etc.
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Commercial uses by special permit (see § 500-37)
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Animal kennel or hospital
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RA, RB, CB, CC
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Subject to review by the Board of Health and
issuance of annual licenses as required by General Law
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Business, retail
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IA, IB, IC
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Business, wholesaling with outdoor storage
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CA, IC
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Motor vehicle, filling station
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CA, CB, CC, IC
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Subject to annual license from the Board of
Selectmen. Conditions of the special permit shall define the maximum
allowable storage capacity of motor fuel, and shall require adequate
protection to control fumes, gases and vapors as recommended by the
Chief of the Fire Department. The Planning Board shall make a written
determination that the proposed use will not create a traffic hazard
because of its location
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Motor vehicle, general repairs
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CB
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See definitions, § 500-43
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Printing shop
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CA, CB
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See definitions, § 500-43
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Industry
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CA, IC
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Conditions of the special permit shall include all the criteria listed in § 500-43 (definitions) of this bylaw
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Bulk storage
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CA, IA, IB, IC
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Subject to approved site plan indicating locations
and quantities of bulk material, screen fencing and/or plantings,
means of entrance and egress, provision for control of dust and air
pollution. Permit not to exceed two years, subject to renewal
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Contractor's yard
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CA, IB
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Subject to approved site plan, limitations upon
equipment, means of entrance and egress. Permit not to exceed two
years, subject to renewal
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Transportation terminal
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IB
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Warehouses
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CA, IC
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As accessory building only
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Radio transmission
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CA, IB
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Subject to site plan approval and limitations
as to location and height
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Residential uses by special permit
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Dwelling, residential cluster (attached/detached)
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RA, RB, RC, RD
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Subject to special permit from Planning Board as the special permit granting authority (see § 500-22, Residential cluster development)
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Billboards
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CA
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The Planning Board shall consider the following in determining
whether to issue a special permit for a billboard:
(a) The impact the proposed sign will have on the purpose of
this bylaw, neighboring properties, and the character of the area
in which the proposed sign is to be located;
(b) The location and visibility of the sign from any public
way or public park;
(c) The proximity of the proposed sign to existing signs, including,
but not limited to, the proximity of the proposed sign to similar
signs or signs constructed of similar materials; (d) The proximity
and visibility of the proposed sign to residential uses;
(e) The nature and condition of other structures or land uses
on the site on which the proposed sign is to be situated and on neighboring
sites;
(f) Any public safety issues or concerns that may be created
or impacted by the proposed sign;
(g) The illumination of the proposed sign, if any, as well as
its size, height, materials, color(s), and other aesthetic considerations;
and
(i) Any public benefit that the Town of Plainville may realize
from the proposed sign.
| ||
B.
Special conditions.
(1)
No special permit for earth removal shall be authorized unless the
Planning Board finds that the proposed earth removal operation shall
not be contrary to the best interests of the Town. For this purpose
a removal operation shall be considered contrary to the best interests
of the Town which:
(a)
Will be injurious or dangerous to the public health or safety;
(b)
Will produce noise, dust, or other effects observable as detrimental
to the normal use of adjacent property;
(c)
Will result in a change in topography and cover which will be disadvantageous
to the most appropriate use of the land on which the operation is
conducted; or
(d)
Will have a material adverse effect on the health or safety of persons
living in the neighborhood or on the use or amenities of adjacent
land.
(2)
Site plan, special permit and definitive subdivision. An approved
plan, unless expressly waived as provided herein, shall be a condition
to an earth removal special permit. The earth removal permit shall
be included in such plan. Such plan shall be prepared by a registered
engineer or a registered land surveyor, at a scale of 80 feet to the
inch or larger, and shall include the following:
(a)
Property lines, abutting owners of record, and buildings or
other structures within 50 feet of site boundaries.
(b)
Unique features of the area which may be affected by earth removal
operations, such as landmarks, exposed ledges of geological significance,
and control points and bench marks used in triangulation and topographical
surveying.
(c)
Adjacent public streets and private ways.
(d)
Topographic mapping showing existing contours at intervals of
not more than two feet and contours of finish grade after the conclusion
of the operation.
(e)
Proper provision for safe and adequate water supply and sanitary
sewerage and for temporary and permanent drainage on the site.
(f)
Proper provision for vehicular traffic and control of entrance
and exits to public streets and private ways.
(g)
Delineation of fence locations.
(h)
A separate key sketch at a scale of one inch equals 2,000 feet
with proposed earth removal site shaded to show relation of the surrounding
road networks shall be shown on the plan. North points of the plan
and key sketch shall be in the same direction.
(3)
Waiver of site plan. The Planning Board may, after an on-site inspection
of the site, waive the requirement of a site plan for the removal
of earth from one location to another location within the boundaries
of a single lot.
(4)
Referral to municipal boards. The Planning Board shall refer earth
removal special permit applications and the site plan to the Board
of Health and the Conservation Commission for advisory reports. The
Planning Board shall not take final action on such application until
it has received reports thereon from the Board of Health and the Conservation
Commission or until 35 days have expired from said referral date without
the receipt by the Planning Board of such reports.
(5)
Conditions to earth removal special permits. The Planning Board shall
impose reasonable conditions to a special permit, including but not
limited to the following:
(a)
Removal operations shall not be conducted closer than 100 feet
to a public street or private way adjoining property line, unless
otherwise specifically provided for by the Board of Appeals.
(b)
Hours of operation shall be designated.
(c)
Routes of transportation of material shall be designated.
(d)
Adequate provision shall be made for drainage during and after
completion of operations.
(e)
Lateral support shall be maintained for all adjacent properties,
and no banks shall be left after completion of operations with a slope
which exceeds one foot of vertical rise in two feet of horizontal
distance.
(f)
Maximum depth of any and all excavation shall at all times be
at least four feet above the maximum ground water elevation.
(g)
Off-street parking shall be provided.
(h)
Any access to an excavated area or areas shall be adequately
posted with "KEEP OUT — DANGER" signs.
(i)
During operations, any excavation, quarry, bank or work face
having a depth of 10 feet or more and/or creating a slope of more
than 30° downward shall be fenced. Such fence shall be located
10 feet or more from the edge of said excavation and shall be at least
six feet in height.
(j)
Provision shall be made for the adequate control of dust during
operations.
(k)
Topsoil and loam from the site shall be stockpiled on the property
and, as operations proceed, areas brought to grade shall be covered
with at least four inches of topsoil and/or loam and seeded with a
perennial cover crop, reseeded as necessary to assure uniform growth
and soil surface stabilization.
(6)
Period of special permits. Any permit granted for earth removal shall
be for a period not to exceed two years. For a continuation of an
operation beyond the period designated in the initial permit, a new
application must be made and a new permit granted in the same manner
as for the initial permit, except that the Planning Board may waive
requirements for submittal of a site plan. Such waiver must be granted
in writing to the applicant by the Planning Board. All other provisions
relating to operational standards and permit procedures shall apply.
(7)
Performance bond. The Planning Board shall require that a performance
bond, of a surety company authorized to do business in the Commonwealth
of Massachusetts, be posted, in an amount determined by the Planning
Board as sufficient to guarantee conformity with the provisions of
any permit issued hereunder. Cash may be deposited with the Treasurer
of the Town, to be held by the Town as surety, in an amount equal
to the surety required, in place of a bond. Such bond, and/or cash,
shall not be released until filed with the Planning Board and a certification
from a registered engineer and an approval from the Zoning Enforcement
Officer (Building Inspector) that the site conditions at the completion
of all work are in accordance with the requirements of the permit.
A.
Statement of purposes. A residential cluster development
may be authorized by special permit in the Town of Plainville in order
to achieve the following objectives:
(1)
Flexible and sensitive site design;
(2)
Promotion of measures to ensure compatibility of growth
and sensitivity to the natural environment;
(3)
Enhancement of residential and community amenities
by provision of open space;
(4)
Promotion of economical and efficient use of roads,
water and sewer lines and other related infrastructure;
(5)
Promotion of diverse and energy-efficient housing
at a variety of costs; and
(6)
Protection of water bodies and supplies, wetlands,
floodplains, agricultural lands, wildlife and other natural resources.
B.
Definition and applicability. Residential cluster
development means a residential development in which the buildings
and accessory uses are clustered together into one or more groups
separated from adjacent property and other groups within the development
by intervening open land, unless deemed otherwise by the special permit
granting authority. A residential cluster development shall conform
to the following conditions:
(1)
Contain a minimum tract size of 10 acres in the RA,
RB and RC Districts, and five acres in the RD District.
(2)
The number of dwelling units shall conform to the
existing density allowed in the corresponding zoning district after
subtracting the area which contains wetlands as delineated by the
Conservation Commission.
(3)
A minimum of 40% of the total land area of the development
shall be dedicated as common open space; no more than 25% of the land
required as common open space may be wetlands, as defined in MGL c.
131, § 40, or water bodies.
(4)
There shall be a minimum width of 50 feet of buffer
area between attached cluster buildings and a minimum width of 50
feet of buffer area between attached clusters and the abutting property
lines or street. These buffer areas shall provide suitable landscaping
to screen and cluster buildings from each other, abutters and streets
year round.
C.
Required open land.
(1)
At least 40% of the tract (exclusive of land set aside
for roads and parking) shall be open land. At least 75% of the open
land shall be suitable for passive or active recreations use and shall
not be wetlands or land subject to seasonal flooding.
(2)
The open land, and such other facilities as may be
held in common, shall be conveyed to one of the following, as determined
by the Planning Board, subject to the following guidelines. In general,
valuable natural resource land, such as wetlands not suitable for
any public use or suitable for extensive public recreational use,
should be conveyed to the Town or to a trust, whereas land which will
be principally used by the residents of the cluster should be conveyed
to any of the following:
(a)
To a corporation or trust comprising a homes
association whose membership includes the owners of all lots or units
contained in the tract. The developer shall include in the deed to
owners of individual lots beneficial rights in said open land and
shall grant a conservation restriction to the Town of Plainville over
such land pursuant to MGL c. 184, §§ 31 to 33, to ensure
that such land be kept in an open or natural state and not be built
upon the residential use or developed for accessory uses such as parking
or roadways. This restriction shall be enforceable by the Town through
its Conservation Commission in any proceeding authorized by MGL c.
184, § 33 and for perpetuity. In addition, the developer
shall be responsible for the maintenance of the common land and any
other facilities to be held in common until such time as the homes
association is capable of assuming said responsibility. In order to
ensure that the association will properly maintain the land deeded
to it under this section, the developer shall cause to be recorded
at the Norfolk County Registry of Deeds a declaration of covenants
and restriction which shall, at a minimum, provide for the following:
[1]
Mandatory membership in an established homes
association is a requirement of ownership of any lot in the tract.
[2]
Provisions for maintenance assessments to all
lots in order to ensure that the restrictions placed on the use of
the open land will not terminate by operation of law.
[3]
Provisions which, so far as possible under the
existing law, will ensure that the restrictions placed on the use
of the open land will not terminate by operation of law.
(b)
Any nonprofit organization, the principal purpose of which is the conservation of open space. The developer or charity shall grant a conservation restriction as set out in Subsection C(2)(a) above.
(c)
To the Town for park or open space use, subject
to the approval of the Selectmen and Town Meeting, with a trust clause
ensuring that it be maintained as open space.
(3)
Open space shall be restricted to recreational uses
such as parks, playgrounds and conservation areas and shall not be
built upon except as approved by the Planning Board. Only structures
incidental for recreation, conservation or parks shall be allowed,
subject to approval by the Planning Board. These restrictions shall
run with the deed in perpetuity.
(4)
All open space areas shall have dry access to the
street suitable for use by maintenance and emergency vehicles.
(5)
The applicant shall submit a plan for maintenance
of the open space area.
(6)
The applicant shall give evidence that a functional
relationship exists between the open land and the proposed clusters.
Such land shall be of such size, shape, dimension, character and location
as to assure its utility for park conservation or recreation purposes.
D.
Lot and yard requirements.
(1)
Attached cluster units shall not exceed a total of
four units per building in the RA and RB Districts and six units per
building in RC and RD Districts.
(2)
These attached units, if designed as part of an association under single joint ownership, shall only meet the lot and yard requirements within this section. Density shall follow guidelines set forth in Subsection B(2) of this section.
(3)
Detached cluster units shall conform to § 500-17 except for the lot and yard requirements provided below:
|
LOT AND YARD REQUIREMENTS FOR DETACHED
CLUSTER UNITS IN CERTAIN DISTRICTS
| ||||
|---|---|---|---|---|
|
RA, RB, RD
|
RC
| |||
|
Minimum lot requirements
| ||||
|
Area (square feet)
|
20,000
|
N/A
| ||
|
Width (feet)
|
80
|
N/A
| ||
|
Frontage (feet)
|
80
|
N/A
| ||
|
Minimum yard requirements
| ||||
|
Front (feet)
|
30
|
N/A
| ||
|
Side (feet)
|
15
|
N/A
| ||
|
Rear (feet)
|
25
|
N/A
| ||
|
NOTE:
| |
|---|---|
|
N/A — Not allowed
|
(4)
No building shall exceed two stories.
(5)
Lots within a residential cluster development need not conform to the requirements of § 500-16A(1), Lot width, and § 500-16A(3), Lot shape factor. Instead, as part of the special permit approval, the Planning Board shall review each individual lot to ensure that adequate means of access to the proposed building site is provided. Common driveways may be utilized to minimize paved areas and enhance environmental protection. No lot configuration shall be approved that does not, in the opinion of the Planning Board, provide safe access to the building location or adequate buffering between dwellings.
[Added 6-4-2018 ATM by
Art. 24]
E.
Administrative procedures.
(1)
The Planning Board, as the special permit granting
authority (SPGA), shall adopt rules relative to the issuance of special
permits and file a copy with the Town Clerk.
(2)
The Planning Board shall not grant a special permit
for a cluster development if it appears that, because of soil, drainage,
traffic or other conditions affecting the site, the granting of such
permit would be detrimental to the neighborhood or to the Town or
inconsistent with the purposes of cluster development. In granting
a special permit for cluster development, the Planning Board shall
impose such conditions and safeguards as public safety, welfare and
convenience may require.
F.
Copy to Board of Health. A copy of the plans shall
be submitted to the Board of Health. Binding review of cluster plans
by the Board of Health shall be according to the provisions of the
MGL c. 151, § 81U.
G.
Review procedures. The SPGA shall review all applications
for a residential cluster development to determine the sensitivity
of the site to the following criteria:
(1)
Compatibility with existing developments;
(2)
Acceptance of design and layout of ways, streets and
paving;
(3)
That the projected traffic increase to the local road(s)
is within the capacity of the existing network;
(4)
Compliance with environmental standards; and
(5)
Appropriateness of building and site design.
[1]
Editor’s Note: Former § 500-23, Phase development,
was repealed 6-4-2018 ATM by Art. 26.
A.
Purpose.
(1)
A senior housing development (SHD), as approved by
the special permit granting authority (the Planning Board), is intended:
to provide a type of housing which reduces residents' burdens of property
maintenance and which reduces demands on municipal services; to promote
flexibility in land use planning in order to improve site layouts;
to protect natural features and environmental values of land; and
to utilize land in harmony with neighboring properties, encourage
creative and innovative site planning and design in order to enhance
the attractiveness and suitability of smaller homes as a preferred
alternative housing type in order to better meet the specific housing
needs of this segment of the population and to promote better utilization
of land in harmony with its natural features and to retain the rural
character of the Town.
(2)
Where feasible, new homes shall be organized around
traditional village streets. The dwelling units shall be of high quality
construction with care being taken in landscaping efforts to retain
as much as possible the natural topography of the village environs.
To enhance the village concept, the developer should be encouraged
to employ historic, traditional and complementary style, colors and
exterior lighting for all the units as well as streetlighting.
B.
General standards. No special permit shall be issued
for a SHD use unless the standards set forth below are satisfied,
and in addition, no such special permit shall be issued unless all
of the criteria for issuance of a special permit as set forth under
this Zoning Bylaw and under MGL c. 40A have been satisfied.
(1)
Minimum tract size. A tract of land consisting of
not less than 10 acres within residential zoning districts may be
developed for the construction of a senior housing development (SHD).
(2)
Location. The SHD is an overlay zoning district that
shall be superimposed on the Single-Family Residential Districts RA
and RB, and the General Residential Districts RC and RD of the Town
of Plainville.
(3)
Development under the SHD Bylaw may only be authorized
by a special permit granted by the Planning Board.
(4)
No building in the SHD shall be more than two stories
in height.
(5)
All dwelling units shall be detached from others or
attached only along sidewalls in the so-called "townhouse" style.
(6)
No unit in the development shall have more than two
bedrooms.
(7)
No dwelling shall contain less than 1,000 square feet
of living area or more than 2,400 square feet of living area. At least
66% of the living area in each unit shall be located on the first
floor.
(8)
The lot or lots on which a retirement community is located shall contain at least 5,000 square feet of upland area per unit in the SHD. "Upland area" shall be as defined in § 500-16A(2).
[Amended 6-4-2018 ATM
by Art. 27]
(9)
Maximum density ratio: The maximum density ratio in
the SHD shall be no greater than four residential units per acre of
usable land.
(10)
Occupancy qualifications. All SHD dwelling units
shall be subject to an age restriction described in a deed, deed rider,
restrictive covenant, or other document approved by the Planning Board
that shall be recorded at the Registry of Deeds or Land Court. The
age restriction shall limit dwelling units to at least one senior,
age 55 years of age or older; provide for time-limited guest visitation
rights in the range of not more then one month per year. The restriction,
if the Planning Board so approves and specifies in its special permit,
may authorize special exceptions that allow persons of all ages to
live in a dwelling unit together with a senior resident for purposes
such as care of a senior in ill health or enabling seniors to fulfill
legal responsibilities of guardianship or custody. The special permit
including the age restriction shall run with the land in perpetuity
and shall be enforceable by any owner(s) of SHD dwelling units. In
the event of the death of the qualifying owner or occupant(s) of a
dwelling unit, or foreclosure or other involuntary transfer of a unit
within the SHD, a one-year exemption to the restriction shall be allowed
for the transfer of the unit to another eligible occupant.
C.
Density incentives.
(1)
Basic senior village bonus. A senior village's base density is defined
as four housing units per gross site acre except where noted above.
To qualify as a senior village, a proposal shall, at a minimum: a)
set aside 10% of the total number of dwelling units provided on the
site as affordable housing as defined in this section; and b) provide
a minimum of 40% of the lot area as permanent, protected open space
conforming to the open space standards as set forth in this section.
The minimum forty-percent open space requirements may be waived by
the Board if the proposed senior village is within the RD General
Residential District and includes the rehabilitation or renovation
of a certified historic or architecturally significant structure for
use as senior housing. This enhanced base density for senior villages
may be further increased according to the provisions below pertaining
to additional affordable housing, additional open space dedication,
and rehabilitation of existing buildings.
[Amended 6-4-2018 ATM
by Art. 27]
(2)
Additional affordable housing. In addition to the
minimum requirement of ten-percent on-site affordable housing, a density
increase is permitted where proposals provide on-site housing opportunities
for low- or moderate-income senior households. For the purpose of
this section, affordable housing shall be defined as dwelling units
that are sold to, and occupied by, households earning up to 80% of
the median area household income, as such median is defined by the
United States Department of Housing and Urban Development (HUD). Affordable
units shall, by deed restriction, remain affordable in perpetuity.
The Planning Board will require that the developer provide legally
enforceable assurances, which are acceptable to the Planning Board,
that the affordable dwelling units will continue to be affordable
in perpetuity. Affordable units shall be dispersed throughout the
senior village and shall be externally indistinguishable from the
market-rate units. If the affordable units are part of a condominium,
the condominium documents shall, at a minimum, ensure that the owners
of the affordable units will not be required to pay for capital improvements
they cannot afford and that they will have fair and sufficient voting
rights. The property owner shall seek referrals for the affordable
units from the Plainville Housing Authority and shall submit an annual
report to the Plainville Housing Authority, detailing compliance with
the affordable housing provisions of the senior village approval.
The Plainville Housing Authority shall be responsible for monitoring
the long-term affordability of the units and shall report any deviations
from these provisions to the Inspector of Buildings and the Board.
The amount of density increase shall be calculated as follows:
(a)
For each affordable housing unit provided under
this section, two additional housing units may be permitted up to
the maximum permitted under this section.
(b)
For each affordable housing unit where, by deed
restriction, Plainville residents have first right of refusal, two
and 2.5 housing units may be permitted up to the maximum permitted
under this section. The density bonuses above are not to be combined.
Under no circumstances shall one affordable unit allow more than 2.5
additional units.
(3)
Affordable housing alternatives. The affordable housing requirements set forth in Subsections C(1) and (2) above may be reduced by the Planning Board if the Board finds that one of the options set forth below will provide a more beneficial alternative to addressing the Town's affordable housing needs, subject to consent by the developer.
[Added 11-26-2018 STM
by Art. 2]
(a)
Payment in lieu of housing: The developer may make a cash payment
to the Town of Plainville in lieu of constructing affordable units.
The payment shall be used solely for the purposes of providing affordable
housing units in the Town, and the amount of the payment shall be
determined by the Planning Board.
(b)
Reduction in the number of required units: Affordable housing units are defined in § 500-24C(2) as units affordable to households earning up to 80% of the median area household income. At the discretion of the Planning Board, the number of required units may be reduced if the sales and/or rental price of units is reduced below this threshold.
D.
Site development standards.
(1)
Site context plan. A plan showing the location of
the proposed development within its neighborhood context shall be
submitted. For sites less than 100 acres in area, such plans shall
be at a scale not less than one inch equals 200 feet and shall show
the relationship of the subject property to natural and man-made features
existing within 1,000 feet of the site. For sites of 100 acres or
more, the scale shall be one inch equals 400 feet and shall show the
above relationships within 2,000 feet of the site. The features that
shall be shown on a site context plan include: topography (from United
States Geological Survey plans), stream valleys, wetland complexes,
woodlands, high points, knolls and ridgelines, and public roads and
trails, utility easements and right-of-ways, public land and land
protected under conservation easements or other methods of protection.
All information may be obtained from existing resources.
(2)
Each building in the senior village shall have a minimum
front yard of no less than 20 feet from the edge of the paved way
to the closest point of the structure and a side yard of not less
than 10 feet from the edge of the paved way to the closest point of
the structure. The Board may waive these requirements if the Board
finds that such reduction will result in better design, improved protection
of natural and scenic resources, and will otherwise comply with this
bylaw.
(3)
Each building in the senior village shall be set back
a minimum of 50 feet from the senior village's perimeter lot line(s).
This minimum setback shall be increased by five feet for each foot
the proposed building is over 30 feet in height. The maximum height
of any structure in a senior village shall be no greater than 35 feet.
The setback area shall be maintained as natural open space or as densely
planted landscaped buffer. The Board may waive these requirements
if the Board finds that such reduction will result in better design,
improved protection of natural and scenic resources, and will otherwise
comply with this bylaw.
(4)
The landscape shall be preserved in its natural state,
insofar as practicable, by minimizing tree and soil removal. Any grade
changes shall be in keeping with the general appearance of the neighboring
developed areas. The orientation of individual building sites shall
be such as to maintain maximum natural topography and cover. Topography,
tree cover and natural drainageways shall be treated as fixed determinants
of roads and building configuration rather than as malleable elements
that can be changed to follow a preferred development scheme. The
Board may waive these requirements if the Board finds that such reduction
will result in better design, improved protection of natural and scenic
resources, and will otherwise comply with this bylaw.
(5)
Parking. Within the SHD, a minimum of two parking
spaces shall be required for each dwelling. Each parking space shall
have adequate area for backing and maneuvering. The garage space shall
not be included as a parking space. Each parking space shall have
an area of not less than 10 feet wide and 19 feet long. The parking
area shall be paved and connected with a paved driveway to the roadway
within the development. In order to reduce impervious area within
the development, common driveways are encouraged. The Planning Board
shall, as a condition of its special permit, require additional off-street
parking areas to be used in common by dwelling unit owners and their
invitees. In addition, the Planning Board shall, as a condition of
the special permit, require the adoption of legally enforceable condominium
bylaw regulations to limit or prohibit the presence in the SHD community,
either entirely or except in designated locations, of boats, boat
trailers, campers or other recreational vehicles. Commercial vehicles
in excess of 10,000 pounds are prohibited from parking in the SHD.
(6)
The Planning Board may, as a condition, require that
all utilities be installed underground. Each unit site shall be provided
with a sanitary sewer service for the disposal of sanitary wastewater
through a municipal system or on-site septic system. The method of
sanitary wastewater disposal shall conform to all the requirements
of the Plainville Board of Health and Water and Sewer Department.
(7)
The Planning Board may, as a condition, require that
no dwelling unit have an exterior radio, television, dish-type antenna
or window air conditioner.
(8)
Accessways. Roads and driveways within a SHD shall
meet such width, size, grades, radius of curvature and construction
standards as the Planning Board shall determine, based upon the standards
provided in the regulations governing subdivisions, as the same may
be waived or modified by the Planning Board to meet site conditions
and design requirements.
(9)
Roads, drainage, driveways. Within the SHD, all roads,
drainage systems and driveways shall be maintained by the governing
body or its designee. They shall be kept passable and in good condition
at all times. Snow and ice removal shall be done by the permittee
as part of the normal road and driveway maintenance. It is intended
that all improvements within the development remain in private ownership
and be maintained by the governing body or it designee.
(10)
Open space. Within the SHD, all open space shall be integrated
within and around the development. Additionally, not less than 40%
of the total land area contained within the development shall be designated
as open space, and further provided that no less than 75% of the designated
open space land shall be upland suitable for use for passive and/or
active recreational purposes. Area used for roadway layout, community
buildings and common facilities shall not be used as open space area
or site area.
[Amended 6-4-2018 ATM
by Art. 27]
(11)
Community building. Within the SHD, there shall
be a community building(s) and recreational facilities, which shall
be available to all residents and their guests. The size of the building
is to be a minimum of 2,000 square feet. Use of the community building(s)
or facilities is specifically limited by this bylaw to uses that will
service the residents within the SHD. All uses within the development
shall be delineated as part of the special permit application and
must be specifically approved by the Planning Board as an integral
part of the special permit.
(12)
Business. Within the SHD, no business of any
kind is to be conducted unless specifically authorized by the special
permit herein granted.
(13)
Other facilities. All facilities for utility
services, drainage, lighting and signage shall be in accordance with
requirements established by the Planning Board, consistent with applicable
provisions of the Zoning Bylaw and the regulations governing subdivisions,
as the same may be waived or modified by the Planning Board to meet
site conditions and design requirements.
E.
Special permit conditions.
(1)
The Planning Board shall, as a permit condition, require
that all proposed condominium bylaws or SHD community regulations
which may be relevant to the issuance of the permit, including but
not limited to bylaw provisions prohibiting the presence of children
residing in the SHD community and limiting or prohibiting the presence
in the SHD community of boats, boat trailers or recreational vehicles,
be made a part of the special permit and that any change to or failure
to enforce said provisions shall be violation of said special permit.
(2)
The Planning Board may, as a permit condition, require
that the proposed SHD community be constructed entirely on one lot,
and that, from and after the date of the issuance of the building
permit for said SHD community or any portion thereof, no subdivision
of said lot shall be allowed without the express approval of the Planning
Board; provided, however, that the recording of a condominium master
deed and the conveyance of condominium units within the area covered
by said deed shall be allowed. Said master deed shall be submitted
to the Planning Board at the time of submittal of the application.
(3)
The Planning Board may, as a condition of any special
permit, require that the land area on which the SHD is located be
permanently maintained as one undivided lot or, within a condominium,
as one undivided condominium unit, or require such other legal mechanism
as will, in the opinion of the Planning Board, assure that the said
SHD will not be subdivided or its ownership further condominiumized,
that said SHD will remain as rental housing, and that ownership of
said SHD will remain consolidated.
(4)
No special permit shall be issued without appropriate
restrictions to ensure that the provisions of this section are made
binding upon the applicant and his/her successor and heirs.
(5)
No special permit shall be issued without the local
Housing Authority being authorized as the agency responsible for monitoring
the affordable housing component of the proposal. A fee may be applied,
as per the local Housing Authority requirements.
F.
Application process.
(1)
The application process for a SHD development shall
be by submission of an application for a special permit and the filing
of a special permit. The plan must be prepared and stamped by a professional
landscape architect in addition to a civil engineer or land surveyor,
all registered in Massachusetts, and shall meet all the requirements
of a special permit as specified in the Plainville SHD Rules and Regulations
to the extent applicable.
(2)
The applicant shall also simultaneously file copies
of its application and special permit with the Board of Health, Conservation
Commission, Building Inspector, Fire Department, Housing Authority,
Town Clerk, Police Department, Highway Department and Water and Sewer
Department, for their review, consideration and report.
(3)
Applicant qualifications. The applicant for a special
permit for a SHD shall be the owner of the tract proposed for such
development or be authorized in writing by the owner to apply for
and be issued such special permit and shall establish to the satisfaction
of the Planning Board that the applicant has knowledge, experience
and financial resources sufficient to construct and complete the development.
The Planning Board shall establish fees to be paid in conjunction
with an application for special permit hereunder.
(4)
Occupancy conditions: No certificate of occupancy,
temporary or permanent, shall be issued for any unit in the SHD until
all deed restrictions, covenants, easements, transactions and/or other
documents necessary to ensure compliance by the applicant with the
requirements of this section have been submitted and executed.
G.
ADULT DAY-CARE FACILITY
ASSISTED LIVING or CONGREGATE LIVING RESIDENCE FACILITY
CAFETERIA/DINING ROOM
CONTINUING CARE OR LIFE CARE RETIREMENT FACILITY
GROSS SITE ACRE
HOME SITE
INDEPENDENT LIVING RESIDENCE FACILITY
LONG-TERM-CARE FACILITY
SENIOR
SENIOR VILLAGE
SENIOR VILLAGE COMMUNITY CENTER OR COMMUNITY BUILDING(S)
SENIOR VILLAGE PLANNED UNIT DEVELOPMENT (SENIOR VILLAGE)
SENIOR VILLAGE RESIDENT SERVICE(S)
SENIOR VILLAGE RESIDENTIAL SUBDIVISION
SENIOR VILLAGE TOWNHOUSE
Definitions.
A facility that offers to seniors daytime programs, health
care and assessment, personal care, social programs, recreational
activities, and meals and transportation, but does not provide a residence
or overnight accommodations.
An assisted living residence facility, as defined by MGL
c. 19D.
A facility for the sale of prepared food and drink, primarily
for the use of occupants of the site. Such facility may be found in
schools, office buildings, senior housing establishments and other
like uses.
A facility that includes a combination of types of dwellings
or a lifetime continuum of accommodations and care for senior residents,
including independent living, assisted/congregate living, and long-term
care facilities.
The total number of acres on a site, including wetlands and
otherwise encumbered property.
A specific lot within a senior village residential subdivision
that is designated for the placement of a single-family dwelling.
A facility that provides residential accommodations for senior
adults who are in good health and do not require medical or skilled
nursing care. Residents shall have individual living units with living,
sleeping, bathroom and kitchen facilities. The independent living
residence facility may include a senior village community center or
community building(s), or similar common areas such as a common dining
facility, and space for the provision of social, psychological and
educational programs. The facility may provide home health care or
other community-based services on an individual basis and offer meals,
linen and housekeeping services. The independent living residence
facility may provide for a superintendent or for maintenance staff,
but there shall be no on-site residence of medical or other staff.
A building or group of buildings which is licensed or approved
by the Massachusetts Department of Public Health to provide twenty-four-hour,
intensive, skilled and supportive nursing care, convalescent or chronic
care under medical supervision to individuals who, by reason of advanced
age, chronic illness or infirmity, are unable to care for themselves.
A long-term care facility also typically provides personal care services
in a supervised environment and may contain common areas for therapy,
recreation and dining. Further, the facilities may also include on-premises
medical offices and treatment facilities related to the care of the
residents.
An individual who is 55 years of age or older.
See "senior village planned unit development."
A building or group of buildings, erected primarily for the
use of the residence of a single senior village and their guests,
that provides educational, recreational or social services that may
include, but are not necessarily limited to: senior village residential
services, library, place of worship, game room, entertainment room,
kitchen, cafeteria or dining room, pool, toilet facilities, and similar
facilities.
A master-planned development of land as a unified, self-contained,
residential community, constructed expressly for use and residence
by persons who have achieved a minimum age requirement for residency
of 55 years or older, in accordance with MGL c. 151B, § 4,
Subsection 6, and also incorporating the preservation of natural open
space areas as an integral element of the development. A senior village
shall be permitted only within a senior village overlay district and
only upon the granting of a special permit by the Planning Board.
Services and facilities operated and constructed to primarily
serve the residents of a single senior village. Such services and
facilities may include, but are not necessarily limited to: adult
education, adult day care, transportation services; laundry facilities;
financial services; medical evaluation; home health care services;
meals on wheels program; exercise or physical therapy center; recreational
and educational activities; and other similar services or activities.
A subdivision of land within a senior village that results
in the creation of individual lots to serve as home sites upon which
individual single-family dwellings are to be constructed for residence
by seniors. The individual's single-family dwellings may be detached
homes, attached or semiattached townhouses or other building type(s)
approved by the Planning Board that is/are each designed for occupancy
by an individual family.
A one-family dwelling unit which is part of a structure whose
dwelling units are attached or semiattached to one another and with
each dwelling unit having at least one floor at ground level with
a separate, private entrance. A townhouse may be constructed on its
own individual and separate lot or may be one of several individual
dwellings on a common lot.
A.
Purpose and intent. The purpose of this bylaw is to
provide housing in the Town of Plainville that is affordable to low-
or moderate-income households. It is intended that the affordable
housing units that result for this bylaw shall qualify as Local Initiative
Units (LIP) in compliance with the requirements for the same as specified
by the Department of Community Affairs, Division of Housing and Community
Development and that said units count towards the Town's requirements
under MGL c. 40B, §§ 20 to 23.
B.
AFFORDABLE HOUSING UNIT
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER or TENANT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A dwelling unit available at annual cost of no more than
30% of gross household income of households at or below 80% of the
Metropolitan Statistical Area (MSA) median income as reported by the
U.S. Department of Housing and Urban Development, including units
listed under MGL c. 40B, §§ 20 to 23 and/or the commonwealth's
Local Initiative Program (LIP).
An individual or family with household income that does not
exceed 80% of the median income, with adjustments for household size,
as reported by the most recent information from the United State Department
of Housing and Urban Development (HUD) and/or the Massachusetts Department
of Housing and Community Development (DHCD).
C.
Applicability.
(1)
Division of land. This bylaw shall apply to the division
of land held in single ownership as of June 12, 2006, or anytime thereafter,
into eight or more lots, whether such lots are created at one time
or cumulatively from said land held in single ownership and shall
require a special permit or definitive subdivision permit. The permit
shall be required for land divisions under MGL c. 40A, § 9,
as well as for "conventional" divisions allowed by MGL c. 41, §§ 81-L
and 81-U, including those divisions of land that do not require subdivision
approval. The Plainville Planning Board shall be the permit granting
authority for all permits under this bylaw.
(2)
Multiple units. This bylaw shall apply to the construction
of eight or more multifamily dwelling units, whether on one or more
contiguous parcels, in existence as of June 1, 2006, and shall require
a special permit.
D.
Mandatory provision of affordable units. The Planning Board shall, as the permit granting authority, as a condition of approval of any division of land or construction of multiple units referred to in Subsection C(2) above, require that the applicant for approval of a permit comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Subsection E below.
E.
Provision of affordable units. The Planning Board
shall deny any application for a special permit, definitive subdivision
or site plan under this bylaw if the applicant does not comply, at
a minimum, with the following requirements for affordable units:
(1)
At least 10% of the lots in a division of land or
units in a multiple unit development subject to this bylaw shall be
established as affordable housing units in any one or a combination
of methods provided for below. Fractions of a lot or dwelling unit
shall be rounded to the nearest whole number such that a development
proposing eight dwelling units shall require one affordable unit,
a development proposing 15 dwelling units shall require two affordable
units, and so on.
(2)
The affordable units shall be constructed or rehabilitated
on the subject property or on a different property in the Town of
Plainville, subject to review and approval by the Planning Board.
F.
Provisions applicable to affordable housing units
on and off site.
(1)
Siting of affordable units. All affordable units constructed
or rehabilitated under this bylaw shall be situated with the development
so as not to be in less desirable locations than market-rate units
in the development and shall, on average, be no less accessible to
public amenities, such as open space, as the market-rate units.
(2)
Minimum design and construction standards for affordable
units. Affordable units within market-rate developments shall be integrated
with the rest of the development and shall be compatible in design,
appearance, construction and quality of materials with other units.
Interior feature of affordable units shall comply in all respects
to the minimum design and construction standards set forth in the
Local Initiative Guidelines by the Division of Housing and Community
Development, July 1996, as amended.
(3)
Timing of construction or provision of affordable
units or lots. Where feasible, affordable housing units shall be provided
coincident to the development of market-rate units, but in no event
shall the development of affordable units be delayed beyond the schedule
noted below:
|
Market-Rate Units
(%)
|
Affordable Housing Units
(%)
| |
|---|---|---|
|
Up to 30%
|
None required
| |
|
30% plus 1 unit
|
At least 10%
| |
|
Up to 50%
|
At least 30%
| |
|
Up to 75%
|
At least 50%
| |
|
75% plus 1 unit
|
At least 70%
| |
|
Up to 90%
|
100%
| |
|
Faction of units shall not be counted
| ||
G.
Local preference. The permit granting authority shall
require the applicant to comply with local preference requirements,
if any, as established by the Board of Selectmen.
H.
Marketing plan for affordable housing units. Applicants
under this bylaw shall submit a marketing plan or other method approved
by the permit granting authority, which describes how the units will
be marketed to potential homebuyers or tenants. This plan shall include
a description of the lottery or other process to be used for selecting
buyers or tenants. The plan shall be in conformance with DHCD rules
and regulations.
I.
Provision of affordable housing units off site. Subject to the approval of the SPGA, an applicant subject to this bylaw may develop, construct or otherwise provide affordable housing units equivalent to those required by Subsection E off site. All requirement of this bylaw that apply to on-site provision of affordable units shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the permit review and approval process.
J.
Maximum income and selling price: initial sale.
(1)
To ensure that only eligible households purchase affordable
housing units, the purchaser of an affordable unit shall be required
to submit copies of the last three years' federal and state tax returns
for the household and certify, in writing and prior to transfer of
title, to the developer of the housing units or his/her agent and,
within 30 days following transfer of title, to the Plainville Housing
Authority, that his/her annual household income level does not exceed
the maximum level as established by the commonwealth's Division of
Housing and Community Development and, as such, may be revised from
time to time.
(2)
The maximum price or rent of the affordable units
created under this bylaw is established by the commonwealth's Division
of Housing and Community Development and, as such, may be revised
from time to time.
K.
Preservation of affordability: restrictions of resale.
Each affordable unit created in accordance with this bylaw shall have
limitations governing its resale. The purpose of these limitations
is to preserve the long-term affordability of the unit and to ensure
its continued availability for affordably income households.[1] The resale controls shall be established through a deed
restriction on the property acceptable to DHCD recorded in the Norfolk
County Registry of Deeds and shall be enforced for a period of 99
years or as long a period as is lawful, which is greater.
(1)
Resale price. Sales beyond the initial sale to a qualified
purchaser shall not exceed the maximum sale price as determined by
the DHCD for affordability within the Town of Plainville at the time
of resale.
(2)
Right of first refusal or purchase. The purchaser
of an affordable housing unit developed as a result of this bylaw
shall agree to execute a deed rider prepared by the Town granting,
among other things, the Town of Plainville's right of first refusal
for a period not less than 180 days to purchase the property or assignment
thereof in the event that, despite diligent efforts to sell the property,
a subsequent qualified purchaser cannot be located.
(3)
Renting. The Planning Board shall require, as a condition
for grant of the permit under this bylaw, that the deeds to the affordable
housing units contain a restriction requiring that any subsequent
renting or leasing of said affordable housing units shall not exceed
maximum rental price as determined by the DHCD for affordability within
the Town of Plainville.
(4)
The Planning Board shall require, as a condition for
grant of the permit under this bylaw, that the applicant comply with
the mandatory set-asides and accompanying restrictions of affordability.
The Building Inspector shall not issue any building permit for any
unit until the permit and deed restrictions are recorded in the Norfolk
Registry of Deeds or Land Court.
[1]
Editor's Note: So in original.
A.
Scope. To regulate development within the Town Center District, and
to protect the public health, safety, and general welfare in the Town
of Plainville by establishing controls that will facilitate development
while protecting the public interest, setting limits on the density
and amount of each use while permitting flexible development.
B.
Purpose. The purposes of the Town Center District are to encourage
redevelopment and infill development in the Town Center area in a
manner that protects and enhances the value of land and buildings
and provides for a variety of business and residential uses; and toward
these ends, to establish distinctive dimensional and design standards
that reinforce and foster aesthetic and functional improvements to
the Town Center. The intent, furthermore, is to encourage interaction
among activities located within the area, to enhance business vitality,
reduce vehicular traffic, provide employment opportunities for residents
close to home, ensure the compatibility with each other of the commercial
and residential uses, ensure that the appearance and effects of buildings
and uses are harmonious with the character of the area in which they
are located.
C.
Approving authority. The Planning Board shall act as the approving
authority and special permit granting authority (SPGA) for applications
submitted under this section of the Zoning Bylaw and may adopt and
from time to time amend reasonable regulations for the administration
of this bylaw. The regulations shall contain detailed requirements
governing applications for review, which shall include, but need not
be limited to, the following:
(1)
The content of plans;
(2)
The designation of proposed building locations showing setbacks from
property lines;
(3)
Proposed building elevations;
(4)
The designation of existing structures located within 100 feet of
all property lines;
(5)
Location and design characteristics of proposed roads, lighting,
facilities for pedestrian movement, driveways, and parking areas;
(6)
Existing and proposed site grades with contour elevations in two-foot
increments;
(7)
Identification of wetlands affected by or adjoining the proposed
project;
(8)
Utility service to the proposed project and drainage plans and calculations;
(9)
Traffic studies relating to the proposed project;
(10)
Landscaping and screening plans for the proposed project including
trees to be removed and retained;
(11)
Loading and unloading facilities;
(12)
Provisions of refuse removal;
(13)
Earth removal regulation; and
(14)
Other information as may be necessary to determine compliance
with the provisions of this bylaw.
D.
General requirements and applicability. All land located within the Town Center District shall be subject to the use restrictions or prohibitions as identified in § 500-26E, Use regulations, below. Commercial or residential uses not specifically permitted in these schedules may be allowed only by special permit issued by the SPGA. Proposed uses that require special permit approval in the TC District are not required to obtain the special permits described in § 500-36 (Groundwater Protection District), § 500-37 (Community and water resource protection), § 500-40 (Floodplain review), § 500-21 (Earth removal) and § 500-34 (Earth removal regulations). However, where they are applicable, the purpose and use regulations of those sections shall be met by proposed TC developments, and the review procedures shall be incorporated by the Planning Board into their review of TC proposals.
[Amended 6-6-2016 ATM by Art. 49; 11-15-2021 STM by Art.
17]
E.
Use regulations. To promote a mixture of uses to reduce vehicle trips,
such that residents and area employees can walk to needed services
and amenities, and to conversely provide a built-in demand for the
local commercial and retail uses:
(1)
Preferred uses permitted as-of-right in mixed use development or mixed use infill. The following uses are preferred and may be developed as-of-right, subject to the performance and development standards of § 500-26G herein.
(a)
Single-family or two-family residential uses located on second
or third floors only. Single-family or two-family uses that are legally
permitted and/or grandfathered in the TCD zone as of 11-15-2021 are
permitted uses, and buildings with those uses may be expanded by right,
subject to the dimensional setbacks of the TCD, even if the residential
use is on the first floor. Grandfathered single-family homes may be
converted or expanded into two-family homes by right.
[Amended 11-15-2021 STM by Art.
17; 6-6-2022 ATM by Art. 28]
(b)
Commercial uses. A building or buildings complying with the dimensional regulations set forth in § 500-26F(2) and containing one or more of the following uses on the first or second floors only:
[1]
Retail store for the sale of food, drug and proprietary goods,
up to a maximum of 7,500 square feet of net floor area for an individual
retail establishment;
[2]
Restaurant or other place serving food, where food service is
located entirely within the building or on a patio or outdoor seating
area operated in connection with an indoor-service restaurant, up
to a maximum of 3,500 square feet of net floor area for an individual
restaurant establishment;
[3]
Bakery, deli, coffee shop, ice cream shop, sandwich shop, or
similar establishment in which all or a majority of the food service
is food to be consumed off the premises, but not including drive-through
food service;
[4]
Business or professional office;
[5]
Post office;
[6]
Governmental services;
[7]
Personal service, such as a beauty salon or barbershop, which
includes the sale of related goods; or dressmaking, dry-cleaning and
pressing or tailor shop where no work is done on the premises for
retail outlets elsewhere. No dry cleaning to be done on premises;
[8]
Laundromat;
[9]
Inn or bed-and-breakfast facility;
[10]
Bank, including manned or automated drive-up facilities
that are attached to the rear or side of a full-service banking office
with no vehicles permitted to queue on the street;
[11]
Automated teller machine (ATM), not attached to
a full-service banking office, provided that public access is available
only from within a building and is operated as incidental to other
uses in the same building;
[12]
Printing or copying shop;
[13]
Repair shop, such as shoe repair, appliance or
electronic repair, jewelry repair, with a maximum gross floor area
of 1,000 square feet;
[14]
Business or professional offices, artist studios
and galleries;
[15]
Religious uses; or
[16]
Funeral home.
(c)
Vertical mixed use development, each use complying with the
above standards.
(d)
Accessory uses incidental to a permitted use.
(e)
Uses exempt under M.G.L. c. 40A, sec. 3.
(f)
Uses such as parks, landscaped open space, outdoor passive recreational,
and other similar uses of low impact.
[Added 6-6-2022 ATM by Art. 28]
(g)
Farmers markets, craft stands, food trucks, festival stands,
and other similar uses of low impact, subject to a review by the Building
Inspector and Planning Department to ensure the layout and construction
provide adequate public safety.
[Added 6-6-2022 ATM by Art. 28]
(2)
Uses that require special permit approval in mixed use development
or mixed use infill. The following uses may be allowed by special
permit:
(a)
For any permitted commercial retail first floor use subject to a maximum net floor area requirement under Subsection E(1) above, the Planning Board may grant a special permit to authorize an increase in net floor area.
[Amended 6-6-2022 ATM by Art. 28]
(b)
Structures to contain three or more residential dwelling units,
provided that:
[Amended 11-15-2021 STM by Art. 17]
[1]
Residential units shall be located on the second or third floors;
[2]
The maximum coverage of the lot by buildings and structures
shall be 45% of the total lot area and the minimum landscaped area
shall not be less than 25% of the lot area. A reduction of the minimum
landscaped area may be approved by special permit from the Planning
Board after a review of the proposed neighborhood impacts, site landscaping
and site layout;
[3]
Residential uses are allowed on the first floor on lots that
do not front on South Street or West Bacon Street.
[Added 6-6-2022 ATM by
Art. 28]
[4]
No building in a group shall be closer to any other building
on the lot, or a building on an adjacent lot, than a distance of 30
feet, unless otherwise approved by special permit from the Planning
Board after a review of public safety impacts;
[5]
There shall be provided a permanent off-street parking area, indoors and/or outdoors at the rear of the building sufficient in size to allow two parking spaces for each dwelling unit to be accommodated, unless otherwise permitted under § 500-31C, or unless otherwise approved by special permit from the Planning Board after a review of the site plan, parking, layout, impact on abutting properties, and site aesthetics impacting the overall TCD;
[6]
Elevations and floor plans shall be submitted in addition to all other requirements for a site plan as provided in § 500-39, Site plan review. The TCD allows denser development than in the remainder of the Town, and the Board shall review the architectural plans to ensure compliance with the intent of the TCD, which is further detailed in § 500-26B and § 500-26G(3)(f)[1] and [2]; and
[7]
Residential units, including accessory residential uses, may
be permitted on the first floor, provided that the building closest
to the street contains a space large enough for viable commercial
usage on that portion of the building containing a length equal to
at least 30% of the lot frontage, or 24 feet, whichever is greater.
Corner lots need only comply with this requirement on one of the street
frontages.
(c)
Remodeling an existing dwelling or structure accessory to an
existing dwelling to accommodate one additional dwelling unit, provided
that:
[1]
The building was in existence on January 1, 1965;
[3]
No more than 45% of the lot area is covered by structures;
[4]
There is at least one off-street parking space for each dwelling
unit contained in the structure;
[5]
Outside storage areas shall be screened by fencing or landscaping;
[6]
The principal structure to be converted shall contain at least
2,500 square feet;
[7]
No unit shall have a gross floor area of less than 350 square
feet plus 100 square feet for each bedroom in excess of one;
[8]
The gross floor area of the newly created unit(s) shall be less
than 50% of the total gross floor area of the principal dwelling unit,
after conversion;
[9]
The exterior appearance of the structure shall not be altered
except for stairways and exits required by law;
[10]
One unit shall be occupied by the owner of the
property, or, in the case of a realty trust, corporation or partnership,
corporation or partnership, a beneficiary, shareholder or partner,
respectively; and
[11]
If the second unit is discontinued and integrated
into the original structure design, the owner shall notify the Inspector
of Buildings in writing.
(d)
Drive-through service for a commercial establishment such as
a pharmacy, located in the rear or side of the building, but not a
drive-through bakery or food service establishment.
(e)
Recreational, social, or cultural facilities such as theaters,
playhouses, band shells, outdoor pavilions, museums and community
centers.
(f)
Undertaking establishment.
(g)
Commercial or residential rooftop uses.
[Added 6-6-2022 ATM by Art. 28]
(4)
Same-structure/on-site mixed use. To promote the mixture of uses
to reduce vehicle trips, such that residents and area employees can
walk to needed services and amenities, and to conversely provide a
built-in demand for the local commercial and retail uses:
F.
Density and dimensional regulations. To promote increased density
where utility and transportation infrastructure already exist, to
better accommodate future growth and the clustering of buildings and
mixing of uses in exchange for some portion of land to be set aside
as public area or green space.
(1)
Densities.
(a)
Residential or mixed use developments within this district shall
provide dwelling units at the following minimum and maximum levels
of density:
[1]
For single-family residential (including accessory apartments):
at least two dwelling units per acre of developable land;
[2]
For two-family and/or three-family residential: at least four
dwelling units per acre of developable land;
[3]
For multifamily residential: at least four dwelling units per
acre of developable land.
(b)
Where a development project involves an entire block or multiple
contiguous blocks, minimum densities shall be calculated on the development
of the area as a whole.
(2)
Dimensional regulations. To produce variety and visual interest in
site planning, developers are encouraged to provide a range of lot
sizes, frontage widths, setbacks, and heights, within these parameters:
(a)
Minimum lot area: 5,000 square feet.
(b)
Minimum lot frontage: 60 feet.
(c)
Building height.
[1]
Minimum for all uses: 1.5 stories (18 feet).
[2]
Maximum for by right uses [§ 500-26E(1)]: two stories (24 feet).
[3]
Maximum for uses requiring special permit [§ 500-26E(2)]: three stories (36 feet).
(e)
Maximum setbacks.
[1]
Front yard, all uses: 15 feet, unless a greater setback is allowed
via special permit.
[Amended 11-15-2021 STM by Art. 17]
(3)
Notes for dimensional regulations.
(a)
Building height. Height shall be measured from grade to the
cornice line of the roof. Accessory rooftop elements shall not be
included in the calculation of height, but shall be restricted as
to their location on the roof and may need to be screened so as to
limit their visual impact. Ells, sunrooms and enclosed porches, and
other similar construction attached to the main structure, as well
as accessory structures in side or rear yards, are permitted to be
only one story in height.
(b)
Front yard setbacks. Front yard setbacks shall be measured from
the street frontage line to the primary facade, excluding front steps
or stoops, porches, bay windows, enclosed main entrances, or other
projecting elements. (Note, however, that no projecting element on
any building may extend over a property line to intrude onto a public
sidewalk.) Where a commercial or mixed use building is located at
an intersection and may be considered to have more than one primary
facade, then each primary facade may utilize a front yard setback.
(c)
Side yard setbacks. The fifteen-foot minimum side yard setback
may only be applied to detached residential buildings with three or
fewer units, and is intended to encourage the off-center siting of
a house within its lot, resulting in substantial outdoor space where
a porch and/or landscaped yard may be provided (in addition to a driveway);
and also resulting in a visually varied streetscape. The fifteen-foot
minimum side yard setback applies to units that share party walls,
as well as multifamily dwellings. Side yards are not required for
mixed use and commercial buildings to allow for sharing of party walls.
G.
Performance and development standards. For the enhancement and improvement
of existing properties and/or structures relative to pedestrian access,
vehicular circulation, and signage as well as to guide future development
and re-use proposals that reflect the features of the neighborhood,
the following standards shall be followed in the development or re-use
proposals within the Town Center District:
(1)
Performance standards. No use shall be permitted that causes or results
in dissemination of dust, smoke, gas or fumes odor, noise, vibration
or excessive light under standards set forth in the performance criteria
in this bylaw. Any other performance standards of the Town shall apply
to the Town Center in addition to these.
(a)
Access and traffic impacts.
[1]
Traffic and safety impacts to the existing and proposed roads
shall be minimized.
[2]
Access shall be provided to the extent feasible through an existing
side street or a shared driveway; curb cuts shall be limited.
[3]
Pedestrian and vehicular traffic shall be separated; walkways
shall be provided for access to adjacent properties and between businesses.
(b)
Noise.
[1]
Residential units shall be constructed so that interior noise
levels do not exceed Massachusetts Code of Regulations 310 CMR 7.10.
A noise source will be considered to be violating the regulation if
the source increases the broadband sound level by more than 10 dB(A)
above ambient, or produces a "pure tone" condition — when any
octave band center frequency sound pressure level exceeds the two
adjacent center frequency sound pressure levels by three decibels
or more. These criteria are measured both at the property line and
at the nearest inhabited residence. "Ambient" is defined as the background
A-weighted sound level that is exceeded 90% of the time, measured
during equipment operating hours. "Ambient" may also be established
by other means determined by the Town of Plainville.
[2]
No person shall engage in or cause very loud construction activities
on a site abutting residential use between the hours of 7:00 p.m.
of one day and 7:00 a.m. of the following day.
[3]
Common walls between residential and nonresidential uses shall
be constructed to minimize the transmission of noise and vibration.
[4]
Residential buildings to be constructed or rehabilitated shall
be designed to filter out noise through construction employing, but
not limited to, such techniques as applying soundproofing material.
(c)
Vibration, smoke, heat, glare, and odor.
[1]
Vibration shall not be discernible to any human's sense of feeling
for three minutes in any one hour for a total of 15 minutes in any
one day, or producing an acceleration of more than 0.1 G.
[2]
Smoke shall not be visible beyond a shade darker than No. 1
on the Ringlemann Smoke Chart. Heat and glare shall not be discernible
from the outside of any structure.
[3]
Odor, dust, and fumes shall be effectively confined to the premises
or so disposed as to avoid air pollution.
(d)
Lighting.
[1]
All outdoor lighting shall be designed so as not to adversely
impact surrounding uses, while also providing a sufficient level of
illumination for access and security purposes. Such lighting shall
not blink, flash, oscillate or be of unusually high intensity of brightness.
[2]
Parking areas shall be illuminated to provide appropriate visibility and security during hours of darkness and comply with § 500-31G, Minimum illumination.
[3]
Any outdoor lighting fixture newly installed or replaced shall
be shielded so that it does not produce a strong, direct light beyond
the property boundaries, and shall be directed toward the object to
be illuminated. Light shall be directed away from residences.
(e)
Storage.
[1]
All materials, supplies and equipment shall be stored in accordance
with fire prevention standards of the National Board of Fire Underwriters
and shall be screened from view from public ways and abutting properties.
[2]
Storage facilities shall be located greater than 10 feet from
the property line.
(f)
Waste disposal.
[1]
Waste disposal shall follow State Board of Health regulations
or any other applicable regulations.
[2]
Storage of waste and waste facilities shall be screened from
view from public ways and neighboring properties.
[3]
Appropriate provisions shall be made for the disposal of trash,
which may include, but shall not be limited to, the provision of trash
compactors within the building or on site, as well as a submission
of a signed annual contract for rubbish removal.
(g)
Loading/unloading. The SPGA may require that operations, including
loading and unloading, shall be limited to weekdays between the hours
of 8:00 a.m. and 7:00 p.m. only.
(h)
Walkways.
[1]
For public convenience a pedestrian and/or bicycle way shall
connect various uses and otherwise provide appropriate circulation
or continuity to an existing pedestrian or bicycle circulation system.
These uses include, but are not limited to residential, parking, transit,
bicycling, industrial, recreation, and commercial.
[2]
Walkways must conform to requirements of the American with Disabilities
Act (ADA) and the Massachusetts Architectural Access Board (MAAB).
(i)
Vehicular access, parking and loading, and shared parking requirements. See § 500-31, Parking requirements, and § 500-32. Loading requirements, for the required parking and loading spaces and design criteria. To encourage parking areas that are subordinated in relation to buildings, landscaping, and pedestrian access, the following criteria shall also pertain to this Town Center District:
[1]
Parking shall be located to the side or rear of buildings, unless
otherwise approved by special permit from the Planning Board. In no
case shall parking be allowed in the planting strip adjacent to the
sidewalk or within the front setback of any lot.
[Amended 11-15-2021 STM by Art. 17]
[2]
Parking spaces may be located either on or off the lot except as otherwise provided by § 500-31C. If spaces are off site, they must be within walkable distance to the site, within 1/4 mile. Applicant must show proof of space, its location to the structure and indicate if the space is owned or leased.
[4]
The Planning Board, as part of its special permit review, may allow a reduction of the number of parking spaces on a lot from that required under § 500-31 and § 500-32, if, after a review of the proposed uses, number of commercial and residential units, number of bedrooms, and other data pertinent to determining the appropriate number of spaces needed to accommodate the development, it determines a lesser number of spaces will be satisfactory. This reduction may be based on the number of spaces and/or mitigation that is proposed off-site, as allowed under § 500-26G(2).
[Added 6-6-2022 ATM by
Art. 28]
(2)
Parking standards. In addition to site plan review guidelines for
parking within the Town Center District, the following criteria shall
be considered:
(a)
Parking areas shall be located to the side and rear of the structure,
unless otherwise approved by special permit from the Planning Board.
No parking area shall be designed such that parking is within the
required or authorized front yard setback.
[Amended 11-15-2021 STM by Art. 17]
(b)
Parking areas of adjacent lots shall have reasonable and convenient
off-street vehicular connections. Where adjacent property has not
been developed, provisions shall be made for future off-street connections
with adjacent properties. Reserved strips of land to preclude such
connections shall be prohibited.
(c)
If a new use cannot meet minimum off-street parking requirements,
then the SPGA may require, as part of a special permit, the payment
of a fee by the applicant to allow the Town to provide such additional
required off-street parking in lieu of the applicant providing required
off-street parking. Such provision may include the planned future
acquisition of Town-owned or -leased property for public parking.
(d)
If an existing use is changed in such a way that: (1) a change
of use of all or any portion of a building or structure from a use
of one parking class to a use of another parking class; or (2) an
interior increase of floor area for which off-street parking must
be provided and such required off street parking cannot be provided
because of the nonavailability of space in the zoning lot upon which
such building or structure is located, then the SPGA may require,
as part of a special permit, the payment of a fee by the applicant
to allow the Town to provide such additional required off-street parking
in lieu of the applicant providing required off-street parking.[2]
[2]
Editor's Note: Former Subsection G(2)(e), regarding payment
in lieu of parking, which immediately followed this subsection, was
repealed 6-6-2022 ATM by Art. 28.
(3)
Development standards. New construction and new construction design
shall follow the typical New England character. Buildings or structures
that are listed or eligible for inclusion on the National Register
of Historic Places and/or the Massachusetts Register of Historic Places
or within a local historic district as established by MGL c. 40C shall
be converted, constructed, reconstructed, restored or altered to maintain
or promote the status of the building or structure on, or eligibility
for inclusion on, the State or National Register of Historic Places.
(a)
Lighting.
[1]
Lighting of the site shall be adequate at ground level for the
protection and safety of the public in regard to pedestrian and vehicular
circulation. The glare from the installation of outdoor lights and
illuminated signs shall be contained on the property and shall be
shielded from abutting properties. Lighting structures shall be integrated
with the site and surrounding uses.
[2]
An exterior lighting plan is required including the following
items plus any additional information required by the Planning Board
if needed to determine compliance with these provisions:
[a]
A lighting plan showing existing and proposed exterior
lighting, including building and ground lighting; locations, supports,
mounting heights, and orientation of all luminaries.
[b]
For all luminaries, descriptions and diagrams of
physical configuration and photometric data, such as those available
from manufacturers indicating fixtures, lamps, reflectors and filters
and showing the angle of light cup-off and light distribution patterns.
[c]
All parking areas and pedestrian facilities serving
nonresidential uses and open to the general public shall be provided
with illumination during all hours from dusk to dawn that those facilities
are open to the general public. Some illumination shall provide not
less than 0.2 average maintained horizontal footcandles, and an illumination
ratio (brightest/darkest) of not more than 4:1. However, the Planning
Board may approve alternative arrangements if it determines that,
because of special circumstances or alternative provisions, the specified
illumination is not necessary or appropriate for the protection of
the public safety.
[d]
To avoid lighting impacts, outdoor lighting fixtures
shall be mounted no higher than 15 feet, directed inward to the extent
feasible, or otherwise oriented and shielded to avoid glare on adjoining
premises and plantings or other screening used to block headlight
glare from drives and parking lots onto adjacent properties or roadways.
(b)
Signs. Signs in the Town Center District shall be permitted
as follows:
[1]
Signs within the Town Center District associated with residential uses shall conform to § 500-29C(1), Signs in residential districts.
[2]
Signs within the Town Center District for commercial uses shall
conform to the following:
[a]
For mixed use and nonresidential buildings set
directly on the front and/or side property lines, signs may be located
within 10 feet from the street right-of-way, provided that no sign
shall project horizontally more than two feet over the public sidewalk
(maximum 10 square feet in area).
[b]
Signs should have simple geometric shapes, with
two or three colors that complement the colors of the building. All
signage shall be installed so as not to obscure or damage architectural
features such as windows and trim elements. Wall signs and projecting
signs are preferred types. Signage may also be provided on an awning
or canopy, provided that in buildings with multiple businesses, awnings
or canopies are standardized by type, size, materials, color, illumination,
and method of installation across the facade. Standard corporate protocols
relating to types, materials, sizes, colors and illumination of signage
may be accommodated to the extent that they complement, rather than
undermine, the village character of this district.
[c]
Exterior illumination for signage is permitted,
using gooseneck lamps or other decorative fixtures that are focused
downward onto a sign. Internally illuminated or signs with plastic
faces and neon signs and flat-screen LED-type signs are not permitted.
[d]
Common directory signs for multiple businesses
within the same building may be provided as wall signs attached to
the building at or adjacent to the main entrance (maximum six square
feet in area).
[e]
Wayfinder signs, oriented to pedestrians, may be
situated at certain locations that function as gateway access points
into and within this district to identify the locations of individual
businesses and other points of public interest along a street. Wayfinder
signs shall be no taller than six feet, may provide information on
up to four faces, and may be illuminated as described above; design
and materials should complement surrounding development. Entrance
signs such as may typically be installed at a business or industrial
subdivision and oriented to drivers are discouraged.
(c)
Landscaping requirements.
[1]
Screening of mechanical equipment, trash, and loading areas
shall be provided through the use of walls, fences, and/or dense,
evergreen plant materials.
[2]
In addition to the parking area landscaping required in § 500-31F, Landscaping, the following shall pertain to parking areas in the Town Center District:
[a]
Parking areas shall be screened from adjacent residential
uses, streets, and walkways using trees and shrubs adapted to the
region, of specimen quality conforming to the American Standard for
Nursery Stock, American Standards Institute, Inc., 230 Southern Building,
Washington, DC 20005, and shall be planted according to accepted horticultural
standards. Berms may be used for screening along the street in conjunction
with plant materials.
[b]
The landscaped perimeter area shall be at least
five feet wide.
[c]
Landscaping shall be provided for interior vehicular
use areas to provide visual and climatic relief from broad expanses
of pavement and to channelize and define logical areas for pedestrian
and vehicular traffic.
[d]
The interior parking area shall be landscaped with
sufficient shade trees to provide 50% shade within 15 years of installation.
[e]
The use of porous pavement and/or perforated brick
or block shall be used to the extent feasible to increase on-site
water retention for plant material, groundwater supplies, and to reduce
problems associated with runoff.
[f]
Completion of the landscaping requirements may
be postponed due to seasonal weather conditions for a period not to
exceed six months from the time of project completion.
(d)
Maintenance of landscaping and screening.
[1]
The property owner or applicant to the SPGA shall maintain all
landscaping and screening.
[2]
Landscaping and screening plant materials shall not encroach
on the public walkways or roadways in a way that impedes pedestrian
or vehicular traffic.
[a]
Shrubs or trees that die shall be replaced within
one growing season.
[b]
If the property owner fails to do so, the Town
reserves the right to maintain the landscaping and screening after
notifying the owners, agents, renters, or lessees by certified mail
at their last known address or at the subject property address, that
it shall be removed or trimmed within seven days of the notice by
the Building Inspector/Zoning Enforcement Officer.
[c]
The Town shall assess the owners, agents, renters,
or lessees for the cost of trimming or removal plus an additional
amount of up to 20% of the charges for administrative costs, to the
owner and to the lessee, agent, occupant, or other person in possession
and control of the property.
[d]
If any property owner fails or refuses to pay when
due any charge imposed under this subsection, the Building Inspector/Zoning
Enforcement Officer may, in addition to taking other collection remedies,
certify due and unpaid charges, including interest, to the Town Treasurer
to be levied against the person's property for collection by the county
in the same manner as delinquent general taxes upon such property
are collected as provided by the Town.
(e)
Affordable housing bonus. To promote the provision of opportunities
for the development of affordable housing:
[1]
At least 10% of the total dwelling units in a building shall
be designated as affordable housing.
[2]
The affordable housing units shall include resale, lease or
rental controls that will ensure continued affordability by future
low- and moderate-income households. Deed restrictions or similar
devices shall be used to limit future sale or rental prices for these
purposes.
[3]
The affordable units may be located in an existing structure
if their construction constitutes a net increase in the number of
dwelling units in the structure.
[4]
The affordable units may be located on some other development
tract within the Town Center District through a special permit from
the special permitting granting authority. The receiving property
shall not have more than 20% affordable housing in total as a result.
(f)
Appearance/architectural design.
[1]
Variation in detail, form and siting shall be used to provide visual interest and avoid monotony among buildings on each site and among abutting properties, including those properties directly across a street or right-of-way. When reviewing the layout and density of proposed developments, the Board shall take into consideration the mitigation of visual impacts that may be created by the architectural design of the proposed building(s), the site layout and proposed landscaping, and how well the overall project complies with the purposes of the TCD as outlined in § 500-26B.
[Amended 11-15-2021 STM by Art.
17]
[2]
Proposed buildings shall relate harmoniously to each other with
adequate light, air circulation, and separation between buildings.
H.
Special permit. The Planning Board shall approve, approve with conditions,
or deny an application for a special permit submitted on a form specified
by the SPGA after considering whether the project meets the criterion
below:
(1)
Minimize the volume of cut and fill, the number of removed trees
six inches caliper or larger, the length of removed stone walls, the
area of wetland vegetation displaced, the extent of stormwater flow
increase from the site, soil erosion, and threat of air and water
pollution;
(2)
Maximize pedestrian and vehicular safety both on the site and egressing
from it;
(3)
Minimize obstruction of scenic views from publicly accessible locations;
(4)
Minimize visual intrusion by controlling the visibility of parking,
storage, HVAC or other outdoor service areas viewed from public ways
or premises residentially used or zoned;
(5)
Minimize glare from headlights and lighting intrusion and light overspill
into the night sky;
(6)
Provide adequate access to each structure for fire and other emergency
service equipment;
(8)
Minimize unreasonable departure from the character, materials, and
scale of buildings in the vicinity, as viewed from public ways and
places; and
(9)
Minimize contamination of groundwater from on-site wastewater disposal
systems or operations on the premises involving the use, storage,
handling, or containment of hazardous substances.
(10)
Application and its supporting narrative documentation complies
with all sections of this Zoning Bylaw.
(11)
Application is accompanied by the fees specified by the SPGA
as approved by the Town of Plainville.
I.
Issuance of occupancy permits. The Building Inspector may not issue
an occupancy permit to the applicant without prior receipt of evidence
that the use restriction or regulatory agreement has been recorded
at the Norfolk County Registry of Deeds and that the low- and moderate-income
units have been approved for listing on the Chapter 40B Subsidized
Housing Inventory by the Department of Housing and Community Development.
K.
Appeals. Any person aggrieved by a decision of the Planning Board
under this bylaw may appeal said decision in accordance with MGL c.
40A, § 17.
[Added 6-6-2011 ATM by Art. 30]
A.
Purpose.
(1)
The purpose of this bylaw is to allow for the creation of new
large-scale ground-mounted solar photovoltaic facilities (SPFs) by
providing standards for the placement, design, construction, operation,
monitoring, modification, and removal of such installations that address
public safety, minimize impacts on scenic, natural and historic resources,
and to provide adequate financial assurance for the eventual decommissioning
of such installations.
(2)
The provisions set forth in this section shall apply to the
construction, operation, and/or repair of large-scale ground-mounted
SPFs.
B.
Applicability. This section applies to large-scale ground-mounted
SPFs proposed to be constructed after the effective date of this section.
This section also pertains to physical modifications that materially
alter the type, configuration, or size of these installations or related
equipment.
C.
Location. Solar photovoltaic facilities shall be allowed as-of-right in the IA - Special Industrial District and the IB - Limited Industrial District, subject to the issuance of a development permit for site plan review under §§ 500-5 and 500-39 of this Code, and by special permit issued by the Planning Board in the RA and RB - Single-Family Residential Districts.
[Amended 6-6-2016 ATM by Art. 44]
D.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC FACILITY (SPF)
RATED NAMEPLATE CAPACITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A solar photovoltaic system that is structurally mounted
on the ground and is not roof-mounted, and has a minimum nameplate
capacity of 250 kW DC.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
E.
General requirements for SPFs. The following requirements are common
to all SPFs to be sited in designated locations.
(1)
Compliance with laws, ordinances, and regulations. The construction
and operation of all large-scale ground-mounted SPFs shall be consistent
with all applicable local, state and federal requirements, including
but not limited to all applicable safety, construction, electrical,
and communications requirements. All buildings and fixtures forming
part of a SPF shall be constructed in accordance with the State Building
Code.
(2)
Building permit and building inspection. No large-scale ground-mounted
SPF shall be constructed, installed or modified as provided in this
section without first obtaining a building permit.
(3)
Fees. The application for a building permit for a large-scale
ground-mounted SPF must be accompanied by the fee required for a building
permit.
(4)
SPF site plan review. SPFs with 250 kW or larger of rated nameplate capacity whether permitted as-of-right in the IA — Special Industrial District and IB — Limited Industrial District, or by special permit issued by the Planning Board in the RA and RB — Single-Family Residential Districts shall be subject to site plan review in accordance with § 500-39, Site plan review, of this Zoning Bylaw.
[Amended 6-5-2017 ATM by Art. 53]
(a)
Submission requirements. In addition to the site plan review
information requirements of § 500-13D , the materials listed
in this section must also be included in a site plan review application
for large-scale ground-mounted SPF.
[1]
Blueprints or drawings of the solar photovoltaic
installation showing the proposed layout of the system and any potential
shading from nearby structures;
[2]
One or three line electrical diagram detailing
the solar photovoltaic installation, associated components, and electrical
interconnection methods, with all National Electrical Code compliant
disconnects and overcurrent devices;
[3]
Documentation of the major system components to
be used, including the PV panels, mounting system, and inverter;
[4]
Name, address, and contact information for proposed
system installer;
[6]
Proof of liability insurance; and
(5)
Site control. The project proponent shall submit documentation
of actual or prospective access and control of the project site sufficient
to allow for construction and operation of the proposed SPF.
(6)
Operation and maintenance plan. The project proponent shall
submit a plan for the operation and maintenance of the large-scale
ground-mounted SPF, which shall include measures for maintaining safe
access to the installation, stormwater controls, as well as general
procedures for operational maintenance of the installation.
(7)
Utility notification. No large-scale ground-mounted SPF shall
be constructed until evidence has been given to the Planning Board
that the utility company that operates the electrical grid where the
installation is to be located has been informed of the solar photovoltaic
installation owner or operator's intent to install an interconnected
customer-owned generator. Off-grid systems shall be exempt from this
requirement.
(8)
Dimension and density requirements.
(a)
Setbacks. For large-scale ground-mounted SPFs, front, side and
rear setbacks shall be as follows:
[1]
Front yard. The front yard depth shall be at least
10 feet; provided, however, that where the lot abuts a residential
district, the front yard shall not be less than 50 feet.
[2]
Side yard. Each side yard shall have a depth at
least 15 feet; provided, however, that where the lot abuts a residential
district, the side yard shall not be less than 50 feet.
[3]
Rear yard. The rear yard depth shall be at least
25 feet; provided, however, that where the lot abuts a residential
district, the rear yard shall not be less than 50 feet.
(b)
Appurtenant structures. All appurtenant structures to large-scale
ground-mounted SPFs shall be subject to reasonable regulations concerning
the bulk and height of structures, lot area, setbacks, open space,
parking and building coverage requirements. All such appurtenant structures,
including but not limited to, equipment shelters, storage facilities,
transformers, and substations, shall be architecturally compatible
with each other. Whenever reasonable, structures should be shaded
from view by vegetation and/or joined or clustered to avoid adverse
visual impacts.
(9)
Design standards.
(a)
Lighting. Lighting of SPFs shall be consistent with local, state
and federal law. Lighting of other parts of the installation, such
as appurtenant structures, shall be limited to that required for safety
and operational purposes, and shall be reasonably shielded from abutting
properties. Where feasible, lighting of the solar photovoltaic installation
shall be directed downward and shall incorporate full cutoff fixtures
to reduce light pollution.
(b)
Signage.
[2]
SPFs shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the solar photovoltaic installation. Where feasible, lighting of
signage shall be directed downward and shall incorporate full cutoff
fixtures to reduce light pollution.
(c)
Utility connections. Reasonable efforts, as determined by the
Planning Board, shall be made to place all utility connections from
the SPF underground, depending on appropriate soil conditions, shape,
and topography of the site and any requirements of the utility provider.
Electrical transformers for utility interconnections may be above
ground if required by the utility provider.
(10)
Safety and environmental standards.
(a)
Emergency services. The large-scale ground-mounted solar photovoltaic
installation owner or operator shall provide a copy of the project
summary, electrical schematic, and site plan to the local Fire Chief.
Upon request the owner or operator shall cooperate with local emergency
services in developing an emergency response plan. All means of shutting
down the solar photovoltaic installation shall be clearly marked.
The owner or operator shall identify a responsible person for public
inquiries throughout the life of the installation.
(b)
Land clearing, soil erosion, and habitat impacts. Clearing of
natural vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the large-scale ground-mounted SPF or
otherwise prescribed by applicable laws, regulations, and bylaws.
Grading that substantially disturbs the existing soil profile and
structure is prohibited. Sites shall be selected where construction
may be accomplished without such earth work.
[Amended 6-5-2017 ATM by Art. 53]
(c)
Mitigation of forest habitat. In the zones where a special permit
is required, if forestland is proposed to be converted to a ground-mounted
solar photovoltaic facility, the plans shall designate thereon an
area of forested land on the same lot of a size equal to three times
the total area disturbed by the solar installation that shall remain
undisturbed. The protected land shall be land not subject to development
limitations due to wetlands, MGL c. 184, § 31-33, restrictions,
or other constraints that would render construction of solar panels
on the protected land unfeasible. Such designated land shall remain
in substantially its natural condition without alteration, including
unauthorized (by SPGA) forestry/tree cutting, until such time as the
installation is decommissioned. The special permit may be conditioned
to effectuate and make enforceable this requirement.
[Added 6-5-2017 ATM by Art. 53]
(d)
Mitigation for disruption of trail networks. If existing trail networks
or woods roads are disrupted by the location of the ground-mounted
solar photovoltaic facility the plans shall show alternative trail
alignments to be constructed by the applicant. The special permit
may be conditioned to effectuate and make enforceable this requirement,
although no rights of public access may be established hereunder.
[Added 6-5-2017 ATM by Art. 53]
(f)
A large-scale ground-mounted solar facility is a principal use,
and therefore requires a zoning compliant lot for siting. The Planning
Board may waive this requirement upon a determination that there is
a significant public benefit for granting said waiver.
[Added 11-26-2018 STM
by Art. 1]
(g)
The public benefit shall not be merely the added financial advantage
of adding additional solar panels, but rather some unique aspect of
the proposal that would benefit the community at large.
[Added 11-26-2018 STM
by Art. 1]
(11)
Monitoring and maintenance.
(a)
Solar photovoltaic installation conditions. The large-scale
ground-mounted SPF owner or operator shall maintain the facility in
good condition. Maintenance shall include, but not be limited to,
painting, structural repairs, and integrity of security measures.
Site access shall be maintained to a level acceptable to the local
Fire Chief and emergency medical services. The owner or operator shall
be responsible for the cost of maintaining the solar photovoltaic
installation and any access road(s), unless accepted as a public way.
(b)
Modifications. All material modifications to a solar photovoltaic
installation made after issuance of the required building permit shall
require approval by the Planning Board.
(12)
Abandonment or decommissioning.
(a)
Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Subsection E(12)(b) of this bylaw shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
[1]
Physical removal of all large-scale ground-mounted
solar photovoltaic installations, structures, equipment, security
barriers and transmission lines from the site.
[2]
Disposal of all solid and hazardous waste in accordance
with local, state, and federal waste disposal regulations.
[3]
Stabilization or revegetation of the site as necessary
to minimize erosion. The Planning Board may allow the owner or operator
to leave landscaping or designated below-grade foundations in order
to minimize erosion and disruption to vegetation.
(b)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the solar photovoltaic
installation shall be considered abandoned when it fails to operate
for more than one year without the written consent of the Planning
Board. If the owner or operator of the large-scale ground-mounted
solar photovoltaic installation fails to remove the installation in
accordance with the requirements of this section within 150 days of
abandonment or the proposed date of decommissioning, the Town may
enter the property and physically remove the installation.
(c)
Financial surety. Proponents of large-scale ground-mounted solar
photovoltaic projects shall provide a form of surety, either through
escrow account, bond or otherwise, to cover the cost of removal in
the event the Town must remove the installation and remediate the
landscape, in an amount and form determined to be reasonable by the
Planning Board, but in no event to exceed more than 125% of the cost
of removal and compliance with the additional requirements set forth
herein, as determined by the project proponent. Such surety will not
be required for municipally or state-owned facilities. The project
proponent shall submit a fully inclusive estimate of the costs associated
with removal, prepared by a qualified engineer. The amount shall include
a mechanism for calculating increased removal costs due to inflation.
