[HISTORY: Adopted by the Town of Ashland
Special Town Meeting 11-19-2008, Art. 19,[1] as amended through 6-12-2021 Annual Town Meeting, Art. 10. Amendments noted where applicable.]
GENERAL REFERENCES
Demolition delay — See Ch. 125.
Noise — See Ch. 204.
Retail establishments — See Ch. 227.
Sewer betterment assessments — See Ch. 235.
Soil removal — See Ch. 242.
Wetlands protection — See Ch. 280.
[1]
Editor's Note: This enactment also repealed
former Ch. 282, Zoning, adopted as amended through the 5-7-2008 Annual
Town Meeting.
1.1
TITLE. The full title of these regulations shall be
the "Zoning By-laws of the Town of Ashland, Massachusetts." These
regulations shall be referred to herein as the "Zoning By-laws" or
"these By-laws."
1.2
PURPOSE. These regulations are enacted to promote
the general welfare of the Town of Ashland, to protect the health
and safety of its inhabitants, to encourage the most appropriate use
of land throughout the town, and to increase the amenities of the
town, all as authorized by, but not limited by, the provisions of
the Zoning Act, G.L. c. 40A, as amended, and Section 2A of 1975 Mass.
Acts 808.
1.3
AUTHORITY. This Zoning By-Law is enacted in accordance
with the provisions of the General Laws, Chapter 40A, any and all
amendments thereto, and by Article 89 of the Amendments to the Constitution
of the Commonwealth of Massachusetts.
1.4
SCOPE. For these purposes, the construction, alteration,
reconstruction, height, number of stories, and size of buildings and
structures, the size and width of lots, the percentage of lot area
that may be occupied, the size of yards, courts, and other open spaces,
the density of population, and the location and use of buildings,
structures, and land in the Town are regulated as hereinafter provided.
1.5
APPLICABILITY. All buildings or structures hereinafter
erected, reconstructed, altered, enlarged or moved, and the use of
all premises in the Town, shall be in conformity with the provisions
of the Zoning By-Law. No building, structure or land shall be used
for any purpose or in any manner other than is expressly permitted
within the district in which such building, structure or land is located.
Where the application of this By-Law imposes greater restrictions
than those imposed by any other regulations, permits, restrictions,
easements, covenants, or agreements, the provisions of this By-Law
shall control. Nothing herein shall be construed to supersede the
provisions of the State Building Code, 780 CMR 1.00, et seq.
1.6
AMENDMENTS. This By-Law may from time to time be changed
by amendment, addition, or repeal by the Town Meeting in the manner
provided in G.L. c. 40A, s.5, and any amendments thereto.
1.6.1
Conformance Required. Construction or operations under
a building or special permit shall conform to any subsequent amendment
of this chapter unless the use or construction is commenced within
a period of six (6) 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.
1.7
SEVERABILITY. The invalidity of any section or provision
of this By-Law shall not invalidate any other section or provision
herein.
2.1
ESTABLISHMENT.
[Amended 5-2-2018 ATM,
Art. 20]
For the purposes of this By-Law, the Town of
Ashland is hereby divided into the following zoning districts:
|
Residential Districts
| ||
Residence A
|
RA
| |
Residence B
|
RB
| |
Residence Multifamily
|
RM
| |
Commercial Districts
| ||
Highway Commerce
|
CH
| |
Downtown Commerce
|
CD
| |
Village Commerce
|
CV
| |
Neighborhood Commerce
|
CN
| |
Industrial
|
I
| |
Special Districts
| ||
Wildwood Mixed Use Special District
|
WMUSD
| |
Rail Transit District
|
RTD
| |
Ashland Downtown District
|
ADD
| |
Quarry Remediation District
|
QRD
|
Such districts shall be created and amended
only by vote of the Town Meeting amending the Zoning Map.
|
2.2
OVERLAY DISTRICTS
[Amended 11-19-2013 STM, Art. 18; 11-19-2013 STM, Art. 22]
In addition, the following overlay districts are also hereby established in Section 8.0:
|
Ashland Downtown District A
| |
Floodplain Overlay District (FPOD)
| |
Groundwater Protection Overlay District (GPOD)
| |
Photovoltaic Installations Overlay District
(PIOD)
| |
Pond Street Mixed Use Overlay District (PSMUOD)
|
2.3
ZONING MAP. The boundaries of these districts are
defined and founded on the map entitled, "Town of Ashland, Massachusetts
Zoning Map", effective date 9/7/72, as revised and amended and on
file in the office of the Town Clerk, and that the map and all explanatory
matter thereon is hereby made a part of this chapter.
[Amended 5-2-2018 ATM,
Art. 23]
2.4
BOUNDARIES OF DISTRICTS. The following rules shall
apply to the interpretation of the Zoning Map.
2.4.1
Boundary Lines within Public or Private Ways. Where
the boundary line (or portion of a boundary line) of a zoning district
is shown on the Map within the street line of a public or private
way, the center line of such public or private way shall be the boundary
line.
2.4.2
Boundary Lines Shown Approximately. Where the boundary
line or portion of a boundary line of a zoning district is shown approximately
on the location of a property or lot line, and the exact location
of the property, lot, or boundary line is not indicated by means of
dimensions shown in figures, then the property or lot line existing
at the time of adoption of these Bylaws shall be the boundary line.
2.4.3
Boundary Lines Outside Public or Private Ways. A boundary
line (or portion of a boundary line) of a zoning district located
outside of a street line and shown to be approximately parallel to
the street line shall be regarded as parallel to such street line,
and any dimensions shown in figures on the Map between such boundary
line and the street line shall be regarded as the distance in feet
between such boundary lines and the street line, with the distance
being measured at right angles to the street line unless otherwise
indicated.
2.4.4
Location of Other Boundary Lines. In all cases which
are not covered by other provisions of this Section, the location
of boundary lines shall be determined by the distance in feet, if
given, from other lines upon the Zoning Map, by the use of identifications
as shown on the Zoning Map, or by the scale of the Zoning Map.
2.4.5
Lot Split by District Lines. Where a district boundary
line between a residential, commercial, or industrial district divides
any lot existing at the time such line is adopted, the regulations
for the less restricted portion of such lot shall extend no more than
50 feet into the more restricted portion, provided the lot has frontage
on a public way in the less restricted district.
3.1
PRINCIPAL USES. Except as provided by law or in this
By-law in each district, no building or structure shall be constructed,
used or occupied, nor shall land be used or occupied, except for the
purposes permitted as set forth in the accompanying Table of Use Regulations.
[Amended 11-16-2009 STM, Art. 14; 5-5-2010 ATM, Art. 23; 5-5-2010 ATM, Art. 24; 5-5-2010 ATM, Art. 25; 11-29-2010 STM, Art. 15; 11-19-2013 STM, Art. 16; 11-19-2013 STM, Art. 17; 11-19-2013 STM, Art. 18; 5-7-2014 ATM, Art. 25; 5-6-2015 ATM,
Art. 19; 5-6-2015 ATM, Art. 20; 5-2-2018 ATM, Art. 20]
3.1.1
By Right. A use listed in the Table of Use Regulations
is permitted as of right in any district under which it is denoted
by the letter "Y" subject to such restrictions as may be specified
elsewhere in this Bylaw.
3.1.2
Special Permit: Board of Appeals. A use designated in the Table by the letters "BA" may be permitted as a special permit only if the Board of Appeals so determines and grants a special permit therefor as provided in Section 9.4 of this Bylaw subject to such restrictions as are set forth elsewhere in this Bylaw, and such restrictions as said Board may establish.
3.1.3
Special Permit: Planning Board. A use designated in the Table by the letters "PB" may be permitted as a special permit only if the Planning Board so determines and grants a special permit therefor as provided in Section 9.4 of this Bylaw subject to such restrictions as are set forth elsewhere in this Bylaw, and such restrictions as said Board may establish
3.1.4
Special Permit: Select Board. A use designated in the Table by the letters "SB" may be permitted as a special permit only if the Select Board so determines and grants a special permit therefor as provided in Section 9.4 of this Bylaw subject to such restrictions as are set forth elsewhere in this Bylaw, and such restrictions as said Board may establish.
[Amended 11-20-2019 STM, Art. 14; 11-20-2019 STM, Art. 15]
TABLE OF PRINCIPAL USE REGULATIONS
| |||||||||
---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USES
| |||||||||
A. RESIDENTIAL USES
|
RA
|
RB
|
RM
|
CH
|
CD
|
CV
|
CN
|
I
| |
Single-family dwelling
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
| |
Mobile home or trailer
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
Two-family dwelling
|
N
|
Y
|
Y
|
BA
|
Y
|
BA
|
Y
|
N
| |
Conversion of single-family to two-family
dwelling
|
N
|
Y
|
Y
|
BA
|
Y
|
BA
|
Y
|
N
| |
Conversion of single or two family
to dwelling with not more than four units
|
N
|
N
|
N
|
N
|
N
|
N
|
BA
|
N
| |
Multifamily dwelling
|
N
|
N
|
BA
|
N
|
N
|
N
|
N
|
N
| |
Lodging or boarding house
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
BA
|
N
| |
Assisted living facility
|
Y
|
Y
|
N
|
Y
|
Y
|
N
|
BA
|
N
|
See Section 7.4
|
Cluster development
|
PB
|
PB
|
PB
|
N
|
N
|
N
|
N
|
N
| |
Planned multifamily development
|
N
|
N
|
N
|
BA
|
BA
|
BA
|
N
|
N
| |
Senior residential community
|
PB
|
PB
|
N
|
PB
|
PB
|
N
|
N
|
N
|
See Section 7.2.5
|
Nursing or convalescent home
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
BA
|
N
| |
Mixed residential units and commercial
uses in the same building
|
N
|
N
|
N
|
PB*
|
N
|
N
|
N
|
N
| |
*Number of dwelling units permitted
shall not exceed a maximum of five (5) units per acre.
|
TABLE OF PRINCIPAL USE REGULATIONS
| |||||||||
---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USES
| |||||||||
B. EXEMPT AND INSTITUTIONAL USES
|
RA
|
RB
|
RM
|
CH
|
CD
|
CV
|
CN
|
I
| |
Use of land or structures for religious
purposes
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
Use of land or structures for educational
purposes on land owned or leased by the commonwealth or any of its
agencies, subdivisions or bodies politic or by a religious sect or
denomination, or by a nonprofit educational corporation
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
Child care facility
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
Municipal buildings and facilities,
including vehicle storage, fire and police station
|
BA
|
BA
|
BA
|
Y
|
Y
|
Y
|
Y
|
Y
| |
Municipal sanitary waste disposal facility
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
BA
| |
Essential services
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
| |
Hospital
|
N
|
N
|
N
|
N
|
N
|
N
|
BA
|
N
| |
Philanthropic institution with less
than 10,000 square feet gross floor area
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
|
Y
| |
Philanthropic institution with more
than 10,000 square feet gross floor area
|
BA
|
BA
|
BA
|
Y
|
Y
|
Y
|
N
|
Y
|
TABLE OF PRINCIPAL USE REGULATIONS
| |||||||||
---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USES
| |||||||||
C. AGRICULTURAL USES
|
RA
|
RB
|
RM
|
CH
|
CD
|
CV
|
CN
|
I
| |
Use of land for the primary purpose
of agriculture, horticulture, floriculture, or viticulture on a parcel
of more than five acres in area
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
Facilities for the sale of produce,
and wine and dairy products, provided that during the months of June,
July, August, and September of every year, or during the harvest season
of the primary crop, the majority of such products for sale, based
on either gross sales dollars or volume, have been produced by the
owner of the land containing more than five acres in area on which
the facility is located
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
Nonexempt agricultural use
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
|
Y
|
Section 3.2
|
Nonexempt farm stand
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
|
N
| |
Greenhouse or nursery
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
N
|
Y
|
TABLE OF PRINCIPAL USE REGULATIONS
| |||||||||
---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USES
| |||||||||
D. COMMERCIAL USES
|
RA
|
RB
|
RM
|
CH
|
CD
|
CV
|
CN
|
I
| |
Nonexempt educational use
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
|
N
|
BA
| |
Animal clinic or hospital; kennel
|
BA
|
BA
|
BA
|
Y
|
Y
|
Y
|
BA
|
Y
|
Section 3.2
|
Private nonprofit club or lodge
|
N
|
N
|
N
|
N
|
N
|
N
|
BA
|
N
| |
Funeral home
|
N
|
N
|
N
|
N
|
N
|
N
|
BA
|
N
| |
Motel or hotel
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
N
|
N
| |
Bed and breakfast
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
BA
|
N
| |
Retail establishment not more specifically
defined
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
BA*
|
Y
| |
Convenience store
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
N
|
N
| |
Open air vending
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
N
|
N
| |
General service establishment
|
N
|
N
|
N
|
Y
|
N
|
BA
|
BA
|
Y
| |
Personal service establishment
|
N
|
N
|
N
|
Y
|
N
|
Y
|
BA
|
Y
| |
Restaurant
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
N
|
Y
| |
Restaurant, fast-food
|
N
|
N
|
N
|
BA**
|
BA**
|
BA**
|
N
|
BA
| |
Business or professional office
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y*
|
Y
| |
Medical or dental office or clinic
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
BA
|
N
| |
Medical marijuana dispensary
|
N
|
N
|
N
|
PB
|
N
|
N
|
N
|
PB
| |
Bank; financial agency
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
BA
|
N
| |
Catering service
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
N
|
N
| |
Indoor commercial recreation
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
N
|
Y
| |
Outdoor commercial recreation
|
N
|
N
|
N
|
BA
|
BA
|
BA
|
N
|
Y
| |
Golf course
|
BA
|
BA
|
BA
|
N
|
N
|
N
|
N
|
N
| |
Campground, nonprofit or supervised
camping
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
Boat rental
|
BA
|
BA
|
BA
|
N
|
N
|
N
|
N
|
N
| |
Adult entertainment use
|
N
|
N
|
N
|
BA
|
BA
|
BA
|
BA
|
BA
|
See Section 6.1
|
Wireless communication facility
|
PB
|
PB
|
PB
|
PB
|
PB
|
PB
|
PB
|
PB
|
See Section 6.4
|
Tattoo parlor/body piercing studio
|
N
|
N
|
N
|
BA
|
N
|
BA
|
BA
|
BA
| |
Copy shop
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
BA
|
Y
| |
Print shop
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
| |
* UNDER 2,000 SQ. FT. GROSS FLOOR AREA
| |||||||||
** NO ACCESS VIA POND STREET
|
TABLE OF PRINCIPAL USE REGULATIONS
| |||||||||
---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USES
| |||||||||
E. MOTOR VEHICLE USES
|
RA
|
RB
|
RM
|
CH
|
CD
|
CV
|
CN
|
I
| |
Motor vehicle, trailer and boat sales,
service and rental
|
N
|
N
|
N
|
BA
|
BA
|
BA
|
N
|
Y
| |
Motor vehicle general and body repair
|
N
|
N
|
N
|
BA
|
BA
|
BA
|
N
|
Y
| |
Motor vehicle light service
|
N
|
N
|
N
|
BA
|
BA
|
BA
|
N
|
BA
|
TABLE OF PRINCIPAL USE REGULATIONS
| |||||||||
---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USES
| |||||||||
F. INDUSTRIAL USES
|
RA
|
RB
|
RM
|
CH
|
CD
|
CV
|
CN
|
I
| |
Earth removal
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
| |
Light manufacturing
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
| |
Wholesale, warehouse, or distribution
facility
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
| |
Mini-storage warehouse facility
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
| |
Manufacturing
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
| |
Construction yard or landscaping business
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
| |
Junkyard or automobile salvage or graveyard
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
Land transportation terminal
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
BA
| |
Assembly or packaging
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
| |
Research, laboratories, and development
facilities
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
| |
Publishing and printing
|
N
|
N
|
N
|
N
|
N
|
Y
|
N
|
BA
| |
Computer software development
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
| |
Computer hardware development
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
| |
Food and beverage manufacturing, bottling
or processing facility
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
| |
Alternative energy and renewable energy
manufacturing facilities
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
| |
Alternative energy and renewable energy
research and development facilities
|
N
|
N
|
N
|
PB
|
N
|
N
|
N
|
Y
|
TABLE OF PRINCIPAL USE REGULATIONS
| |||||||||
PRINCIPAL USES
| |||||||||
G. ACCESSORY USES
|
RA
|
RB
|
RM
|
CH
|
CD
|
CV
|
CN
|
I
| |
Accessory scientific uses
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
|
Y
| |
Rooming and boarding not more than
2 persons
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
| |
Home occupation
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
| |
Adult day care
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
| |
Child day care, small
|
Y
|
Y
|
Y
|
N
|
N
|
N
|
N
|
N
| |
Child day care, large
|
BA
|
BA
|
BA
|
N
|
N
|
N
|
N
|
N
| |
Accessory family dwelling unit
|
BA
|
BA
|
BA
|
BA
|
BA
|
BA
|
Y
|
N
| |
Drive-through
|
N
|
N
|
N
|
BA
|
BA
|
BA
|
N
|
BA
|
TABLE OF PRINCIPAL USE REGULATIONS
| |||||||||
PRINCIPAL USES
| |||||||||
H. OTHER USES
|
RA
|
RB
|
RM
|
CH
|
CD
|
CV
|
CN
|
I
| |
Drive-through only facility
|
N
|
N
|
N
|
BA
|
BA
|
BA
|
N
|
BA
| |
Commercial parking facility
|
N
|
N
|
N
|
BA
|
BA
|
BA
|
BA
|
BA
|
3.1.5(A).
Purpose.
By vote at the State election on November 8, 2016, the voters of the
Commonwealth approved a law entitled the Regulation and Taxation of
Marijuana Act (the "Act"), regulating the control and production and
distribution of marijuana under a system of licenses, regulations.
Currently under the Zoning Bylaw, a Marijuana Retailer or Establishment
is not a permitted use in the Town and any regulations promulgated
by the Cannabis Control Commission are expected to provide guidance
to the Town in regulating marijuana sales and distribution. The regulation
of marijuana raises novel and complex legal, planning, and public
safety issues and the Town needs time to study and consider the regulation
of Marijuana Retail or Distribution centers and address such novel
and complex issues, as well as to address the potential impact of
the State regulations on local zoning and to undertake a planning
process to consider amending the Zoning Bylaw regarding regulation
of Marijuana Retail sales and distribution and other uses related
to the regulation of marijuana. The Town intends to adopt a temporary
moratorium on the use of land and structures in the Town for Marijuana
Retail and Distribution so as to allow the Town sufficient time to
engage in a planning process to address the effects of such structures
and uses in the Town and to enact bylaws in a manner consistent with
sound land use planning goals and objectives.
[Added 11-28-2016 STM,
Art. 11]
3.1.5(B).
Definitions.
"Marijuana", "Marijuana Establishment", "Marijuana Product", "Marijuana
Retailer" shall have the meaning as set forth in the Act.
[Added 11-28-2016 STM,
Art. 11]
3.1.6(A).
(Reserved)
3.1.6(B).
(Reserved)
3.1.6(C).
Temporary
Moratorium. For the reasons set forth above and notwithstanding any
other provision of the Zoning Bylaw to the contrary, the Town hereby
adopts a temporary moratorium on the use of land or structures for
"Marijuana", "Marijuana Establishment", "Marijuana Product", and "Marijuana
Retailer". The moratorium shall be in effect through December 31,
2018. During the moratorium period, the Town shall undertake a planning
process to address the potential impacts of marijuana in the Town,
consider the Cannabis Control Commission regulations regarding "Marijuana",
"Marijuana Establishment", "Marijuana Product", and "Marijuana Retailer"
and related uses, and shall consider adopting new Zoning Bylaws to
address the impact and operation of Marijuana Establishments and Marijuana
Retailers and related uses.
[Added 11-28-2016 STM,
Art. 11; amended 5-3-2017 ATM,
Art. 21; 11-14-2017 ATM, Art.
17]
3.2
ACCESSORY USES AND STRUCTURES. Except as provided
by law or in this By-law in each district, no accessory use, building
or structure shall be constructed, used or occupied, nor shall land
be used or occupied, except for the purposes permitted as set forth
in the accompanying Table of Use Regulations.
3.2.1
Home Occupations. Home occupations are permitted if
no more than twenty-five percent (25%) of the floor area of the residence
is used for the occupation, not more than one (1) person not a member
of the household is employed on the premises in the occupation, there
is no exterior display or storage or other variation from the residential
character of the premises, traffic generated does not exceed that
normally expected in a residential neighborhood and all parking required
to service the occupation is provided off-street, other than within
a required front yard.
3.2.2
Mobile Homes and Campers. A mobile home or camper
may be temporarily occupied by nonpaying guests of the owner of the
premises for a period not to exceed two (2) weeks in any calendar
year; or as a temporary office incidental to the construction or development
of the premises on which it is located, upon prior approval of the
Building Inspector, who may seek advisory from the Planning Board
or its designated agent, for a period of one (1) year, renewable annually.
(A).
Storage of campers belonging to residents on the premises
shall be considered a customary accessory use on residentially used
premises.
(B).
An owner, or occupier with permission of the owner,
of a residence which has been destroyed or otherwise, made unlivable
by fire or natural holocaust may temporarily place a mobile home on
the site of such residence and reside in such temporary quarters for
a period not to exceed twelve (12) months. Such temporary quarters
may be placed within required front or rear yards only and shall be
subject to the provisions of the State Sanitary Code.
3.2.3
Keeping of Animals. No more than one (1) farm animal or no more than ten (10) rabbits or poultry shall be kept on less than one (1) acre and no more than two (2) farm animals or one hundred (100) rabbits or poultry shall be kept on less than two (2) acres. Numbers of farm animals or poultry on two (2) acres or larger shall be limited only by Board of Health requirements and by the performance standards of Section 5.8.
3.2.4
Scientific Uses. The Board of Appeals may grant a
special permit for a use accessory to a scientific research, scientific
development or related production activity, whether or not on the
same parcel as such activity. A special permit shall be granted where
the Board of Appeals finds that the proposed accessory use does not
substantially derogate from the public good.
3.3
NONCONFORMING USES AND STRUCTURES.
3.3.1
Applicability. This zoning by-law shall not apply
to structures or uses lawfully in existence or lawfully begun, or
to a building or special permit issued before the first publication
of notice of the public hearing required by G.L. c. 40A, s. 5 at which
this zoning by-law, or any relevant part thereof, was adopted. Such
prior, lawfully existing nonconforming uses and structures may continue,
provided that no modification of the use or structure is accomplished,
unless authorized hereunder.
3.3.2
Nonconforming Uses. The Board of Appeals may award
a special permit to change a nonconforming use in accordance with
this section only if it determines that such change or extension shall
not be substantially more detrimental than the existing nonconforming
use to the neighborhood. The following types of changes to nonconforming
uses may be considered by the Board of Appeals:
3.3.3
Nonconforming Structures. The Board of Appeals may
award a special permit to reconstruct, extend, alter, or change a
nonconforming structure in accordance with this section only if it
determines that such reconstruction, extension, alteration, or change
shall not be substantially more detrimental than the existing nonconforming
structure to the neighborhood. The following types of changes to nonconforming
structures may be considered by the Board of Appeals:
3.3.4
Variance Required. Except as provided in subsection 3.3.5, below, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity shall require a variance; provided, however, that the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a special permit from the Board of Appeals.
3.3.5
Nonconforming Single and Two Family Residential Structures.
Nonconforming single and two family residential structures may be
reconstructed, extended, altered, or structurally changed upon a determination
by the Building Inspector that such proposed reconstruction, extension,
alteration, or change does not increase the nonconforming nature of
said structure. The following circumstances shall not be deemed to
increase the nonconforming nature of said structure:
(A).
alteration to a structure located on a lot with insufficient
area which complies with all current setback, yard, building coverage,
and building height requirements,
(B).
alteration to a structure located on a lot with insufficient
frontage which complies with all current setback, yard, building coverage,
and building height requirements.
(C).
alteration to a structure which encroaches upon one
or more required yard or setback areas, where the alteration will
comply with all current setback, yard, building coverage and building
height requirements.
In the event that the Building Inspector determines
that the nonconforming nature of such structure would be increased
by the proposed reconstruction, extension, alteration, or change,
the Board of Appeals may, by special permit, allow such reconstruction,
extension, alteration, or change where it determines that the proposed
modification will not be substantially more detrimental than the existing
nonconforming structure to the neighborhood.
|
3.3.6
Abandonment or Non-Use. A nonconforming use or structure
which has been abandoned, or not used for a period of two years, shall
lose its protected status and be subject to all of the provisions
of this zoning by-law; provided, however, that by the grant of a special
permit, the Board of Appeals may reestablish such nonconforming structure
or use where such reestablishment shall not be substantially detrimental
to the neighborhood or the Town.
3.3.7
Reconstruction after Catastrophe or Demolition. Any
nonconforming structure may be reconstructed after a catastrophe or
after demolition in accordance with the following provisions:
(A).
Reconstruction of said premises shall commence within
two years after such catastrophe or demolition.
(B).
Building(s) as reconstructed shall be located on the
same footprint as the original nonconforming structure, shall be only
as great in volume or area as the original nonconforming structure.
(C).
In the event that the proposed reconstruction would
(a) cause the structure to exceed the volume or area of the original
nonconforming structure or (b) exceed applicable requirements for
yards, setback, and/or height or (c) cause the structure to be located
other than on the original footprint, a special permit shall be required
from the Board of Appeals prior to such demolition.
3.3.8
Reversion to Nonconformity. No nonconforming use shall,
if changed to a conforming use, revert to a nonconforming use.
4.1
GENERAL DIMENSIONAL REQUIREMENTS
4.1.1
Table of Dimensional Requirements. No building or
structure shall be constructed nor shall any existing building or
structure be enlarged or altered except in conformance with the Table
of Dimensional Requirements as to lot coverage, lot area, land area
per dwelling unit, lot width, front, side and rear setbacks, and maximum
height of structures except as may otherwise be provided elsewhere
herein.
[Amended 11-16-2009 STM, Art. 14; 11-28-2016 STM, Art. 12; 5-2-2018 ATM,
Art. 20]
Minimum Lot Area
(sq.ft.)
|
Minimum Lot Frontage
(ft.)
|
Minimum Front Yard
(ft.)
|
Minimum Side Yard
(ft.)
|
Minimum Rear Yard
(ft.)
|
Maximum Height
(stories)-(feet)
| |
---|---|---|---|---|---|---|
RA
|
30000
|
150
|
40
|
10
|
30
|
N/A-35
|
RB
|
20000
|
125
|
30
|
10
|
20
|
N/A-35
|
RM
|
30000
|
150
|
40
|
10
|
30
|
N/A-35
|
CH
|
30000
|
150
|
30
|
10
|
30
|
3-35 for dwellings 5 for otherwise
|
CD
|
20,000 for dwellings 10,000 otherwise
|
125 for dwellings 0 for otherwise
|
30 for dwellings 0 for otherwise
|
10 for dwellings 0 for otherwise
|
20 for dwellings 0 for otherwise
|
N/A-38 (See Note 11)
|
CV
|
15000
|
100
|
20
|
10
|
20
|
2.5-35 for dwellings 4 for otherwise
|
CN
|
5000
|
50
|
15
|
8
|
35
|
N/A-30 feet
|
I
|
30000
|
150
|
40
|
30
|
30
|
2-35 for dwelling 5 for otherwise
|
4.1.2
Notes to Table of Dimensional Requirements.
[Amended 5-2-2018 ATM, Art. 20]
1.
For two-family dwellings in the RB District, increase
minimum lot area by fifty percent (50%).
3.
Excluding lots of thirty thousand (30,000) square
feet or greater, no single or two-family structure shall be greater
than four thousand five hundred (4,500) square feet excluding basement
and finished attic unless a waiver on the size requirement is approved
by the Zoning Board of Appeals by the grant of a special permit.
4.
In the CD District, increase minimum lot area for
two-family dwellings.
5.
In the CN District, access to the rear of the lot
shall be via 16' drives.
6.
In the CH, CD, and CV Districts: for single-family
dwellings not connected to municipal water and sewer, increase minimum
lot area by 50%; for two-family dwellings not connected to municipal
water and sewer, increase minimum lot area by an additional 50%.
7.
In the CN District, lot coverage by buildings shall
not exceed 15%.
8.
(Reserved)
9.
(Reserved)
10.
(Reserved)
11.
In the CD District, height may be increased to 45' upon issuance of a Special Permit by the Planning Board in accordance with Section 9.3 of this bylaw. In addition to the Special Permit criteria set forth in Section 9.3, the Board shall consider (i) the increase in height will result in another floor of the project, (ii) whether the applicant has made suitable accommodations for increased parking demand or has otherwise supplied suitable mitigation to offset project impacts and (iii) the applicant of a project conforms to the form-based code guidelines found in Section 8.5.7.
[Added 11-28-2016 STM,
Art. 12]
4.1.3
Accessory structures. Accessory structures may not
be placed within required yards, except that permitted signs or roadside
stands may be located within a required front yard area, and a permitted
one-story accessory structure may be located within a required rear
yard, and a permitted one-story accessory structure may be located
within a required rear yard, provided that it occupies not more than
thirty percent (30%) of either the required or the actual yard, and
further provided that it is not located within ten (10) feet of any
property line.
4.1.4
Lot Shape.
No lot shall be so irregularly shaped or extended that the square
of the lot perimeter exceeds twenty-two (22) times the gross lot area
except for the following two exemptions:
[Added 5-6-2009 ATM, Art. 26]
4.1.5
Average
of Building Setbacks. No building need provide a front setback greater
than the average of the setbacks provided by existing buildings on
abutting lots, fronting on the same street.[1]
[Added 5-5-2010 ATM, Art. 26]
[1]
Editor’s Note: Former Subsection 4.1.6, Dimensional
Requirements for Multiple Principal Uses, added 5-5-2010 ATM, Art
20, was repealed 5-2-2018 ATM, Art. 21.
4.1.6
Covered Open-Air Front Porch. The Dimensional Requirements requiring
minimum front yard setbacks in residential districts shall not apply
to a Covered Open-Air Front Porch, where at least ninety (90) percent
of the Porch is located between the front of the residential structure
and the front lot line, provided that no portion of the Covered Open-Air
Front Porch shall be:
[Added 6-12-2021 ATM,
Art. 9]
1.
Enclosed by screen, glass or building walls, whether full or partial
(open handrails and guardrails shall be allowed up to a height of
38 inches);
2.
Of a depth (including all roof lines and columns, but not stairs)
greater than ten (10) feet;
3.
Of a height greater than one story (as related to the adjoining building);
4.
With habitable space or balconies located above the Covered Open-Air
Front Porch;
5.
Located closer to the front lot line than a distance in feet equal
to sixty (60%) percent of the applicable front yard setback requirement;
6.
Covered with a flat, non-sloped roof, unless such roof is an open
trellis; and
7.
Constructed in non-compliance with all other requirements of the
underlying zone including, without limitation, side yard setbacks
and lot coverage requirements.
The volume and footprint of a Covered Open-Air Front Porch shall
not be considered part of the volume or footprint of a non-conforming
structure being rebuilt under section 3.3.7. However, the Covered
Open-Air Front Porch may be rebuilt in kind after a demolition, destruction
or catastrophe.
|
Said bylaws shall only be applicable for structures in existence
at the time of adoption (Annual Town Meeting, June 12, 2021)
|
4.2
SPECIAL PROVISIONS FOR VILLAGE COMMERCE (CV) DISTRICT
4.2.1
General. In order to encourage clustering of uses,
provision for efficient vehicular circulation and parking and ease
of pedestrian access, the following special provisions apply in the
Village Commerce (CV) District.
4.2.2
Principal Buildings. More than one (1) principal building
may be constructed on a single lot. However, the maximum floor area
for individual buildings and uses shall be as follows:
4.2.3
Abutting Lots. Where two (2) abutting lots share a
unified off-street parking area and where the continued existence
and use of the shared parking area is guaranteed through appropriate
mechanisms, a special permit may authorize deviations from the regulations
otherwise applicable to the lots, as follows:
1.
Reduction or waiver of requirements for side and rear
yards between the two (2) lots.
2.
Reduction in the required number of off-street parking
spaces for one (1) of the lots, provided that the total number of
required spaces for all lots sharing a common parking area are provided
within the total area of such lots.
3.
Increase in the maximum building coverage, up to fifty
percent (50%) of total lot area, subject to the specified limitations
on total floor area.
4.2.4
Pond Street. For lots fronting on Pond Street (Route
126), site plans should indicate the location of the future street
(right-of-way) line and should demonstrate that the required landscaping
and off-street parking areas, together with necessary vehicular and
pedestrian circulation facilities, can be provided within the area
of the lot defined by such street line. If no future right-of-way
line has been designated by the Planning Board or the Select Board,
the presumed line shall be located twenty-five (25) feet from the
center line of the existing right-of-way.
[Amended 11-20-2019 STM, Art. 14]
4.3
SPECIAL PROVISIONS FOR NEIGHBORHOOD COMMERCE (CN)
DISTRICTS
4.3.1
General. In order to encourage clustering of uses,
provision for efficient vehicular circulation and parking and ease
of pedestrian access, the following special provisions apply in the
Neighborhood Commerce (CN) District.
4.3.2
Lot Waivers. Where two (2) abutting lots share a unified
off-street parking area and where the continued existence and use
of the shared parking area is guaranteed through appropriate mechanisms,
a special permit may authorize deviations from the regulations otherwise
applicable to the lots, as follows:
1.
Reduction or waiver of requirements for side and rear
yards between the two (2) lots.
2.
Reduction in the required number of off-street parking
spaces for one (1) of the lots, provided that the total number of
required spaces for all lots sharing a common parking area are provided
within the total area of such lots.
3.
Increase in the maximum building coverage of ten percent
(10%) of the total lot area, subject to the specified limitations
on total floor area.
4.3.3
Performance Standards.
1.
No interior display shall be visible from any property
line.
2.
Outdoor storage or display of goods or materials is
prohibited.
3.
Warehousing of goods or materials except as expressly
provided in this By-law is prohibited.
4.
Not more than thirty-five percent (35%) of any front
or exterior side yard shall be used for driveways.
5.
No lighting fixture shall be located and directed
as to be a hazard to traffic safety.
6.
All incandescent light sources shall be shielded from
view of adjacent residential zones and abutting properties.
7.
Noise levels shall not exceed fifty-five (55) db in
the day or forty-five (45) db at night or shall not exceed the ambient
noise level, whichever is greater. All noise-producing equipment,
fans, vents, etc., shall be oriented away from residential areas and/or
appropriately screened.
4.3.4
Architectural and Design Review.
1.
When the exteriors of existing structures are to be remodeled or enlarged or when new buildings or structures are constructed, including signs, walls, fences and exterior lighting fixtures, the design shall be subject to site plan review procedures in accordance with Section 9.4.
2.
This shall include the determination that the plans
submitted are visually harmonious and compatible with the surrounding
land uses, vegetation and topography in order to promote quality design,
reduce the adverse impact of uncoordinated development and protect
and enhance the surrounding neighborhoods.
3.
Plans shall conform with specific plans for the areas
of Route 126 and Route 135.
5.1
OFF-STREET PARKING REQUIREMENTS
5.1.1
General. Except in the Downtown Commerce (CD) District,
which is exempt from these requirements, adequate off-street parking
must be provided on paved surfaces to service all parking demand created
by new construction, whether through new structures or additions to
old ones, and by change of use of existing structures. Such parking
shall be either on the same premises as the activity it services or
within three hundred (300) feet on a separate parcel, which may be
jointly used with other premises for this purpose. In applying for
a building or occupancy permit, the applicant must demonstrate that
the following minimums will be met unless these are reduced on special
permit as per 5.1.7.
[Amended 5-5-2010 ATM, Art. 27]
5.1.2
SCHEDULE OF PARKING AREA REQUIREMENTS
Boardinghouse, Lodging
|
1 space per guest unit
|
Bed-and-breakfast
|
2 spaces plus one space per guest room
|
Commercial accommodations
|
1-1/8 spaces per guest unit
|
Dwellings
|
2 spaces per dwelling unit
|
Offices, stores
|
1 space per 180 square feet of leasable floor
space
|
Restaurant, place of assembly
|
1 space per 4 seats
|
Bowling alley
|
4 spaces per lane
|
Golf course
|
10 spaces per hole, plus spaces required for accessory use as determined by the Building Inspector advisory report of the Planning Board where required in compliance with Section 9.4, Site Plan Review.
|
Animal hospital, veterinary
|
2 spaces per exam room plus 1 space per staff
employee but not less than 5 spaces
|
Nursing home
|
1 space per 6 beds plus 1 space per employee
|
Hospital
|
1 space per bed
|
Medical and dental offices and clinics
|
2 spaces per exam room or chair plus 1 space
per staff employee but not less than 5 spaces
|
Financial offices (banks)
|
1 space per 200 sq. ft. of gross floor area,
1 space per employee, 5 waiting spaces per drive-thru teller
|
Industrial, Wholesale
|
1 space per 1.3 employees per shift
|
Day care and nursery schools
|
1 space per employee; 1 space per 5 children;
drop area; 4 spaces up to 20 children, 1 space per additional 10 children
|
Others
|
Individually determined by the Building Inspector upon advisory report of the Planning Board where required in compliance with Section 9.4, Site Plan Review.
|
5.1.3
Setback. No off-street parking area shall be maintained
within ten (10) feet of a street.
5.1.4
Parking Areas with Eight or More Spaces. For parking
areas of eight (8) cars or more, the following shall apply:
1.
Parking area use shall not require backing on a public
way.
2.
There shall be not more than one (1) entrance and
one (1) exit from such lots per two hundred (200) feet of street frontage
or fraction thereof. If necessary to meet this requirement, uses shall
arrange for shared egress.
3.
In a Residential District, no such parking lot shall
extend into a required yard.
4.
In Village Commerce (CV) and Neighborhood Commerce
(CN) Districts, no such parking lot exclusive of access shall be located
between the street and the front line of the principal structure on
the lot or within the required front yard, whichever is less. If there
is no structure on the lot, no parking lot shall extend into a required
front yard.
5.
Drive-thru Facilities. Sufficient on site reserved
space to permit the stacking of vehicles waiting to be served at a
drive-thru window shall be provided to eliminate conflicts with parking
vehicles and eliminate interference with the flow of traffic on the
adjacent roadway.
6.
Restaurant, fast food, drugstore. There shall be at
least four spaces provided between the pick up window and order point,
at least four spaces provided in advance of the menu board, one space
at the order point, and one space at the menu board.
7.
Banks. There shall be at least five spaces (including
the banking machine, machine/teller window for each drive-thru lane).
5.1.5
Special Provisions for Village Commerce (CV) and Neighborhood
Commerce (CN) Districts. The following provisions are intended to
support commercial development in Commerce Districts by establishing
a mechanism for provision of public off-street parking lots in lieu
of private off-street parking facilities.
1.
Except for buildings or parts of buildings designed,
intended to be used, used or occupied for residential use, all or
a portion of the required off-street parking may be waived by the
Zoning Board of Appeals by special permit when the property is located
within the Village Commerce District, provided that:
a.
The Board finds that there are sufficient public parking
spaces in the vicinity of the property to justify the relief without
detriment to the public health, welfare and safety.
b.
The owner or occupant of the property on which the
waiver is to be applied pays to the town a fee to the fair market
value of the waived parking spaces [the area of which shall be determined
by the number of waived spaces times four hundred (400) square feet],
plus the cost of converting such spaces into a parking lot, as estimated
by the Planning Board, with the advice of the Director of the Department
of Public Service.
c.
In the Neighborhood Commerce District only, an increase
of the maximum building coverage of ten percent (10%) of total lot
area, subject to the specified limitations on total floor area.
2.
All fees collected under this section, and all interest
earned thereon, shall be deposited in a separate Parking Facilities
Fund established by the Select Board and shall be used only for the
acquisition of land, improvement or maintenance of municipally-owned
off-street parking facilities for the benefit of those buildings,
structure and uses in the Village Commerce and Neighborhood Commerce
districts and adjacent areas.
[Amended 11-20-2019 STM, Art. 14]
3.
Any relief of off-street parking approved under this
section shall run with the land, and any subsequent change of use
that requires more parking shall require subsequent action to satisfy
the additional parking requirement. No refund of any payment shall
be made when there is a change to a use requiring less parking. Such
payment shall be made to the town in total prior to the issuance of
a building permit.
5.1.7
Special Permit. The Planning Board may authorize by
special permit fewer parking spaces than are required by this Section
for a use to be constructed when the Board determines that special
circumstances render a lesser provision adequate for all parking needs.
In consideration of a request for fewer parking spaces, the Planning
Board shall consider the following:
1.
that the hours of operation and parking demand, or
the uses which are proposed to share parking spaces are sufficiently
different so as not to require the use of parking spaces at the same
time; or
2.
that the uses which are proposed to share parking
spaces are expected to remain in place and the sharing of parking
spaces can be expected to continue for the foreseeable future.
The Planning Board may require that the spaces
to be un-constructed shall be delineated on the site plan and indicated
as future parking spaces. All or part of said spaces shall be constructed
if so required by the Board at a future date or may be constructed
by the property owner/tenant at any time without prior Board approval.
|
5.2
LOADING REQUIREMENTS.
5.2.1
General. Adequate off-street loading spaces or loading
areas shall be provided and maintained by the owner of the property
for each nonresidential building or use which is erected, enlarged
or altered after the effective date of this By-law, according to the
following regulations.
5.2.2
Same Lot. All loading spaces or loading areas required
by this By-law shall be on the same lot as the building or use which
they are intended to serve, and in no case shall any required loading
area be part of an area used to satisfy the off-street parking requirements
of this By-law.
5.2.3
No Queues or Backing onto Street. No loading facility
shall be designed to require trucks to queue on a public way while
awaiting to off-load. No loading facility shall be designed to require
vehicles to back onto a public way; all turning maneuvers shall be
accommodated on the premises.
5.2.4
Shared Loading. No part of an off-street loading area
required by this By-law for any nonresidential building or use shall
be included as part of an off-street loading area similarly required
for another building or use, unless the type of buildings or uses
indicates that the usage of such loading area would not occur simultaneously,
as determined by the Planning Board.
5.2.6
Size. Where required, loading bays shall not be less
than twelve (12) feet in width, sixty-five (65) feet in length, and
fourteen (14) feet in height, exclusive of driveway and maneuvering
space.
5.2.7
Location. No loading dock or bay shall be located
within twenty (20) feet of the boundary of any residential district.
5.2.8
Special Permit. Any loading requirement set forth
herein may be reduced upon the issuance of a special permit by the
Planning Board if the Board finds that the reduction is not inconsistent
with public health and safety, or that the reduction promotes a public
benefit.
5.3
SIGNS
5.3.1
Purposes and Goals of Sign Regulations. The purposes
and goals of the sign regulations shall be to:
1.
Preserve and enhance the character of Ashland as directed
in the 1988 Comprehensive Plan by regulating signs and other advertising
devices within the town.
2.
Require new replacement signs which are compatible
with their surroundings and which are appropriate to the type of activity
to which they pertain.
3.
Promote safety and to reduce distractions for motorists.
4.
Avoid excessive competition for signs, so that permitted
signs provide adequate identification and direction while minimizing
clutter and unsightliness.
5.
Phase out and replace existing signs which do not
meet the goals and standards defined herein.
6.
Ensure a sign review process and an enforcement mechanism
for compliance.
7.
Encourage the development of a healthy business environment
in town.
5.3.2
Compliance Required.[2]
1.
All signs, excluding those specifically exempted from
this Section, must comply with the regulations of this Section. All
nonexempt signs, except as specified, shall be submitted through the
sign permit process defined herein.
2.
All signs must comply with local and state building
and electrical codes.
3.
Specified requirements of this section are considered
to be minimum requirements. In the event that they are at variance
with other statutes, bylaws or regulations, the most restrictive provisions
govern.
5.3.3
Prohibited Signs. The following signs are prohibited
in the Town of Ashland:
1.
Signs imitating official traffic signs or obscuring
official traffic signs.
2.
Signs with intermittent or flashing lights.
3.
Signs obstructing doors or a public right-of-way.
4.
Signs on trees or utility poles, unless warning of
danger or prohibiting trespass.
5.
Search lights or beacons.
6.
Signs placed on public property without prior approval.
7.
Signs that move or give the appearance of moving.
8.
Pennants, specialty hot air balloons and streamers,
except as permitted for business openings as specified herein.
9.
Roof signs.
10.
Portable or wheeled signs.
11.
Signs on parked vehicles or trailers where the sign
is the primary use of the vehicle.
12.
Signs which cast a glare onto any residential premises
or onto any portion of a public way so as to create a traffic hazard.
13.
Non-accessory signs of any size.
5.3.4
(Reserved)
5.3.5
Construction and Maintenance.
1.
No sign shall be painted or posted directly on the
exterior surface of any wall, but all signs must be painted, posted
or otherwise securely affixed to a substantial, intermediary, removable
surface which shall be securely affixed to the building. The foregoing,
however, shall not prevent installation of a sign consisting of individual
raised letters or devices securely affixed to the exterior wall of
the building.
2.
All signs and their supporting sign structure shall
be maintained in good repair and in a proper state of preservation
to the reasonable satisfaction of the Building Inspector.
5.3.6
Illumination Standards.
1.
External illumination shall be by white, steady, stationary
light, shielded and directed solely or by silhouette at the sign.
The foregoing is applicable to signs exterior to a building and to
permanent interior signs designed to be visible through a door or
window. No externally lit sign shall utilize translucent panels, letters,
devices or other similar components to create an image by allowing
light to pass through.
2.
Internal illumination shall be by steady, stationary
light directed on translucent materials to illuminate the sign. No
more than three (3) colors shall be used. Black and white shall not
be considered colors.
5.3.7
Maximum Number of Signs.
1.
There shall not be more than one (1) permanent exterior
sign of each business establishment affixed to the building itself.
If a business establishment has more than one (1) street level public
entrance or occupies more than one (1) building, there may be a secondary
street sign affixed to the wall, in the vicinity of each entrance,
other than the wall to which the principal sign is affixed. The secondary
sign or signs for each business establishment shall not exceed in
the aggregate fifty percent (50%) of the maximum permissible area
for a single sign for said business establishment as specified herein.
In addition to the foregoing sign or signs, one (1) directory of business
establishments occupying a building may be affixed to the exterior
wall of the building or may stand alone at a principal entrance to
the building. The dimensions of such a building directory are specified
herein.
2.
Any sign which is attached to and extends wholly outside
the supports or frame of the principal sign shall be considered a
separate sign.
5.3.8
Placement of Signs. No sign shall be placed within
a required side or rear yard or be placed within or project over a
public way or, in the case of wall signs, exceed the height of the
building to which it is attached.
5.3.9
Maximum Total Area of Signs in Commercial and
Industrial Zones. Subject to the provisions of this section, the maximum
total area of signs in Commercial and Industrial Zones shall be determined
as follows:
[Amended 5-2-2018 ATM,
Art. 20]
Zoning Districts
|
Maximum Total Sign Area per Foot of Lot
Frontage on the Street Towards Which the Building is Oriented
(square feet per foot)
| |
---|---|---|
Commercial Highway "CH"
|
2.0
| |
Commercial Downtown "CD"
|
2.0
| |
Commercial Neighborhood "CN"
|
1.0
| |
Commercial Village "CV"
|
1.0
| |
Industrial "I"
|
2.0
|
1.
In the case of a shopping center, the lot frontage
of an individual business establishment shall be based proportionally
on the building frontage occupied by the business compared to the
shopping center building as a whole. Freestanding signs for business
establishments in a shopping center must be placed on one (1) common
frame. The limitations of this Section may be waived at the discretion
of the Building Inspector if all business establishments submit a
joint sign permit request which presents a unified facade for all
signs in the shopping center.
5.3.10
Temporary Signs.
1.
Temporary signs pertaining to the sale or lease of
the premises or the construction on the premises may be posted as
restricted by zone. In no case may such a temporary sign be lighted.
2.
Temporary signs pertaining to the opening of a new
business may be posted as restricted by zone. Such signs may include
the temporary display of pennants, specialty hot air balloons and
streamers and may be posted for a period not to exceed two (2) weeks.
Such signs shall conform to the illumination standards set forth herein.
3.
Temporary signs relating to business sales, events
and promotions, for a time period not to exceed one (1) month, as
restricted by zone, may be posted.
4.
Temporary signs other than the above, such as advertising
for events, shall be allowed only within the limits prescribed for
permanent signs, not to exceed six (6) square feet each and shall
be erected not more than forty-five (45) days before the event and
shall be removed within one (1) week of the termination of the event.
No permit is required.
5.3.11
Residential Districts. Permitted signs shall
be as follows:
1.
One (1) sign for each family residing on the premises
indicating the owner or occupant or pertaining to a permitted accessory
use, provided that no sign shall exceed two (2) square feet in area.
No permit is required.
2.
One (1) sign not over nine (9) square feet in area
pertaining to permitted buildings and uses of the premises other than
dwellings and their accessory uses.
3.
One (1) temporary unlighted sign not over sixteen
(16) square feet in area pertaining to the sale, rent or lease of
the premises or the construction on the premises. Temporary signs,
other than political or civic signs as specified herein, shall be
allowed only within the limits prescribed for permanent signs.
4.
One (1) permanent sign at each entrance to a residential
subdivision or complex identifying the subdivision or complex, with
the sign not to exceed three (3) feet in height and twelve (12) square
feet in area. Such a sign shall be freestanding and in no manner attached
to any building or structure.
5.
No sign shall be internally lit.
6.
No sandwich signs shall be permitted, except for municipal
signs or signs on municipal properties.
5.3.12
Downtown Commercial Districts (ADD and CD).
Permitted signs shall be as follows:
1.
A directory of business establishments as permitted
herein, which shall not exceed an area determined on the basis of
one (1) square foot for each establishment occupying the building
or six (6) square feet, whichever is less.
2.
One (1) sign attached to a building per business establishment,
no larger than fifty (50) square feet in area and not exceeding fifteen
percent (15%) of the wall area it is viewed with. This shall include
a secondary sign or signs as permitted herein.
3.
One (1) freestanding sign per lot not more than sixty
(60) square feet in area, not to exceed fifteen (15) feet in height.
This shall include one (1) sandwich sign placed adjacent to the business
establishment, not to exceed four (4) feet in height or eight (8)
square feet in area, provided that such a sign does not impede pedestrian
traffic on the sidewalk.
4.
Permanent and temporary window signs, the aggregate
sign area of which may not exceed forty percent (40%) of the ground
floor window space.
5.
One (1) temporary sign pertaining to the sale or lease
of the premises or the construction on the premises and temporary
signs, exclusive of window signs, with a sign area no larger in aggregate
than ten percent (10%) of the wall area it is viewed with, advertising
a temporary business sale, event or promotion, to be displayed for
a period not to exceed one (1) month. Temporary signs other than the
above as defined herein, shall be allowed only within the limits prescribed
for permanent signs.
6.
No sign shall be internally lit.
7.
Electronic message board signs may be allowed by Special
Permit from the Planning Board.
5.3.13
Highway Commercial and Industrial Districts.
Permitted signs shall be as follows:
1.
A directory of business establishments as permitted
herein, which shall not exceed an area determined on the basis of
four (4) square feet for each establishment occupying the building
or thirty (30) square feet, whichever is less. In the case of a shopping
center, the directory shall not exceed an area greater than sixty
(60) square feet.
2.
One (1) sign attached to a building per business establishment,
provided that it is no larger than one hundred fifty (150) square
feet in area and does not exceed fifteen percent (15%) of the wall
area it is viewed with. This shall include a secondary sign or signs
as permitted herein.
3.
One (1) freestanding sign per lot not more than sixty
(60) square feet in area, not to exceed thirty (30) feet in height.
4.
Permanent and temporary window signs, the aggregate
sign area of which may not exceed forty percent (40%) of the ground
floor window space.
5.
One (1) temporary sign pertaining to the sale or lease
of the premises or the construction on the premises and temporary
signs, exclusive of window signs, with a sign area no larger in aggregate
than ten percent (10%) of the wall area it is viewed with, advertising
a temporary business sale, event or promotion, to be displayed for
a period not to exceed one (1) month. Temporary signs other than the
above, as defined herein, shall be allowed only within the limits
prescribed for permanent signs.
6.
No sandwich signs are permitted.
7.
Electronic message board signs may be allowed by Special
Permit from the Planning Board.
5.3.14
Permit Application; Required Information. An
applicant for a sign permit shall submit the following information
to the Building Inspector prior to the erection, movement or alteration
of any sign:
1.
The name, address and phone number of the applicant.
2.
The location of the building, structure or lot to
which the sign is to be attached.
3.
The written consent of the property owner, if different
from the applicant.
4.
The proposed location of the sign on the building
and/or lot in relation to nearby structures.
5.
The plans, specifications and method of construction
of the sign and its supports, showing proposed dimensions; materials;
colors; weight; distance from doors, windows and fire escapes; and
the type and intensity of the sign's illumination.
6.
The name of the individual or firm erecting the structure.
7.
Copies of calculations prepared and stamped by a qualified
Massachusetts engineer showing dead load and wind pressure design,
if required by the Inspector of Buildings.
5.3.15
Procedures. The Building Inspector must approve
or deny a sign permit application within thirty (30) calendar days
of its submission. Failure to do so within the thirty-day period will
allow the applicant to follow appeal proceedings as provided for G.L.
c. 40A, ss. 8 and 15. The thirty-day time period begins anew following
any amendment to the sign permit request which changes the physical
characteristics of the proposed sign.
1.
The work allowed by any permit granted by the Building
Inspector must be commenced within six (6) months of issuance and
completed within a reasonable period of time. Failure to do so will
result in the revocation of the permit and fines to be determined
from time to time by the Select Board.
[Amended 11-20-2019 STM, Art. 14]
2.
A nonrefundable fee, to be determined from time to
time by the Select Board, is payable upon submission of a sign permit
application.
[Amended 11-20-2019 STM, Art. 14]
3.
Where
a permit is required for a sign located at a Priority Development
Site (PDS), an application therefor shall be submitted to the Building
Inspector no later than one hundred twenty (120) days following the
date of submittal of any other permit application(s) required by the
Code of the Town of Ashland, including these Zoning By-laws, relating
to the use or development of the PDS or the buildings and/or structures
located thereon, and not otherwise exempted by G.L. c. 43D.
[Added 5-5-2010 ATM, Art. 17]
5.3.17
Appeal of Permit Decisions. An applicant for
a sign permit may appeal an adverse decision by the Building Inspector
by submitting a written request for an appeal to the Zoning Board
of Appeals as set forth in G.L. c. 40A, ss. 8 and 15.
5.3.18
Nonconforming Signs. Any nonconforming sign
legally erected prior to the adoption of this section or any amendment
thereof may continue to be maintained but shall not be enlarged, reworded
[other than signs as specified herein], redesigned or altered in any
way unless it is brought into conformity through the sign permit application
process. Any such sign which has been destroyed or damaged to such
an extent that the cost of restoration would exceed fifty percent
(50%) of the replacement value of the sign at the time of the destruction
or damage, as determined by the Building Inspector, shall not be repaired
or rebuilt or altered unless in conformity with this Section. The
exemption herein granted shall terminate with respect to any sign
which:
1.
Shall have been abandoned, as defined herein;
2.
Advertises or calls attention to any products, businesses
or activities which are no longer carried on or sold, whether generally
or at that particular premises; or
3.
Shall not have been repaired or properly maintained
within sixty (60) calendar days after notice to that effect has been
given by the Building Inspector.
The obligation to remove or repair a sign in
one (1) of the categories set forth above is that of the sign permit
grantee. Failure to remove or repair a sign in such category may result
in fines and penalties.
|
5.3.19
Penalties. Individuals, businesses and other
organizations which fail to adhere to the sign regulations as described
in this section may be assessed fines and penalties until the violation
is corrected. If the violation is not corrected within sixty (60)
days of notification of the violation by certified mail, the sign
shall be removed by its owner on order of the Building Inspector.
Fines shall be imposed for the following:
|
5.3.20
Special Permit. Notwithstanding the provisions
set forth in this Section, the Planning Board may authorize larger
signs or a greater number of signs by the grant of a special permit,
where such relief is not detrimental to the neighborhood or the town.
5.4
GENERAL LANDSCAPING REQUIREMENTS
5.4.1
General. Landscaped buffer areas are required in all
side and rear setbacks with no more than minor removal of existing
trees and ground vegetation. The following shall be observed in all
districts:
1.
Screening and perimeter landscaping. Commercial, service
and industrial uses shall be separated from the street and from adjacent
residential districts by landscaped buffer areas.
2.
All parking areas shall be screened at the front lot
line with landscaped buffers, which shall be at least six (6) feet
in depth and shall create a strong impression of separation between
the street and the developed area of the site without necessarily
eliminating visual contact between them. Buffer area shall be continuous
except for vehicular and pedestrian circulation facilities.
5.4.2
Buffering Between Residential and Nonresidential Uses.
1.
Where a lot containing a nonresidential use adjoins
or faces a residential district or residential use, landscaped buffers
shall be provided at the perimeter of the lot to screen parking and
other vehicular service areas.
2.
In a Neighborhood Commerce District only, a continuous
landscaped buffer shall be required on the lot containing the nonresidential
use immediately adjacent to the residential property along the rear
and side lot lines.
3.
Such screening shall consist of a landscaped area
at least six (6) feet wide and shall create an effective visual barrier
from ground level to a height of at least five (5) feet.
5.4.3
Buffer Areas. Buffer areas and screening required
by this section may be comprised of brick or stone-faced walls, planted
berms, wood fences, planted vegetation and/or existing vegetation
or any combination thereof. Walls or fences exceeding four and one-half
(4 1/2) feet in height shall have plantings on the side facing
the lot line.
1.
Buffer areas along street lines shall be continuous
except for driveways and sidewalks; shall contain at least one (1)
tree per thirty (30) linear feet of street frontage (or portion thereof)
and shall include lower-level elements such as shrubs, hedges, fences,
walls and/or planted berms.
2.
In a Neighborhood Commerce District, the buffer strip
shall include evergreen plantings with at least one (1) tree for each
ten (10) feet of buffer length as measured parallel to the property
line. There shall be a maximum mixture of seventy-five percent (75%)
evergreen and twenty-five percent (25%) deciduous trees which are
visually impermeable within two (2) seasons of growth.
5.4.4
Interior Landscaping in Parking Areas. Parking areas
containing eight (8) or more spaces shall contain or be bordered by
at least one (1) tree per eight (8) spaces. Such trees shall be in
any case not further than five (5) feet from the parking cell. In
Commercial H and Commercial V Districts for parking areas containing
twenty-five (25) or more spaces, the following shall also apply:
1.
Parking areas shall be broken into units containing
not more than twenty-five (25) cars per cell. Parking units shall
be separated by landscaped islands or buffer areas to provide visual
and climatic relief.
2.
Internal landscaping shall be designed to define logical
areas for pedestrian and vehicular circulation.
3.
Landscaped islands and buffers shall have a minimum
area of one hundred fifty (150) square feet and minimum width of eight
(8) feet and shall contain at least one (1) tree per one hundred (100)
square feet.
4.
In situations where the Planning Board determines
that it is impractical to provide internal landscaped area meeting
the above requirements, the parking area may instead be provided with
additional landscaped area that more effectively screens it from public
view by providing greater depth and/or density to perimeter landscaping.
5.4.5
Planting Standards.
1.
Deciduous trees in required buffer strips or interior
landscaping shall be a minimum of two-inch caliper and evergreen trees
shall be a minimum of five (5) feet to a maximum of ten (10) feet
in height when planted, depending on topography as determined by the
Planning Board.
2.
The evergreen trees shall be planted at ten (10) feet
on center. Non evergreen planting and/or screen berm, hedge, fence
or wall at least five (5) feet in height may be used in conjunction
with the evergreen trees.
3.
The evergreen trees may be grouped at staggered intervals,
provided that the spacing between groups is in-filled with lower level
elements such as shrubs, hedges, planted berms, fences or walls at
least five (5) feet in height. All trees shall be surrounded by a
height of at least thirty-six (36) square feet of an unpaved soil
area per tree and shall be protected from damage.
5.4.6
Use of Existing Plant Material. In instances where
healthy plant material exists on a site prior to its development,
in part or in whole, for purposes of off-street parking or other vehicular
use areas, the Planning Board may adjust the application of the above
standards to allow credit for such plant material if, in its opinion,
such an adjustment is in keeping with and will preserve the intent
of these standards.
5.4.7
Special Permit. By special permit, the Planning Board
may authorize a reduction in the requirements of this section, where
such reduction will not result in substantial detriment.
5.6
CORNER CLEARANCE. Landscaping, buffers, fencing, and
screening shall be designed so as not to restrict sight distances
at intersections or driveway entrances. No structure, sign, fence,
wall, hedge or other obstruction shall be allowed to block vision
between two and one-half (2 1/2) and eight (8) feet above the
street grade within an area bounded by the sidelines of intersecting
street and/or driveways and a straight line joining points on such
sidelines twenty (20) feet back from their point of intersection except
in the Neighborhood Commerce District where the distance shall be
no closer than ten (10) feet from the edge of existing pavement of
the driveway and twenty (20) feet along the street line.
5.7
ENVIRONMENTAL STANDARDS
[Amended 5-2-2018 ATM,
Art. 20]
5.7.1
General. No use shall be allowed if it will cause
sound, noise, vibration, odor or flashing (except for warning devices,
temporary construction or maintenance work, parades, recreational
activities or other special circumstances) perceptible without instruments
more than four hundred (400) feet from the boundaries of the originating
premises, if in an Industrial District, or more than two hundred (200)
feet from the boundaries of the originating premises, if in a Commercial
District, or more than forty (40) feet from the boundaries of the
originating premises, if in a Residential District.
5.7.2
Pollution Control. All requirements of Article XI of the Sanitary Code of the Department of Public Health and all regulations of the Metropolitan Air Pollution Control District shall be strictly complied with by all uses. Evidence of compliance may be required in issuing permits.
5.7.3
Erosion Control. Site design and materials and construction
processes shall be designed to avoid erosion damage, sedimentation
or uncontrolled surface water runoff.
1.
No grading or construction shall take place on slopes
in excess of a horizontal of three (3) and a vertical of one (1) slope
except under special permit from the Planning Board, which shall be
granted only upon demonstration that adequate provisions have been
made to protect against erosion, soil instability, uncontrolled surface
water runoff or other environmental degradation.
2.
All slopes exceeding ten percent (10%) resulting from
site grading shall either be covered with topsoil compacted to a minimum
depth of four (4) inches and planted with vegetative cover to prevent
erosion and/or be retained by a wall constructed of masonry, reinforced
concrete, stone, or other suitable materials or methods and designed
and certified by a qualified structural engineer and/or a civil engineer
specialized in geotechnical engineering.
3.
The Building Inspector shall require information of
the applicant as necessary for him to ensure compliance with these
requirements, including, if necessary, elevations at key locations,
description of vegetative cover and the nature of impoundment basins
proposed, if any.
4.
Where resultant site grades will exceed that referenced
herein, they shall be constructed in accordance with this Section
and shall require a performance bond to ensure compliance with these
requirements.
5.
Hillside areas shall be retained with vegetative cover
as follows:
Average Percentage Slope
|
Minimum Percentage of Land to Remain In
Vegetation
| |
---|---|---|
10.0 to 14.9
|
25
| |
15.0 to 19.9
|
40
| |
20.0 to 24.9
|
55
| |
25.0 to 29.9
|
70
| |
30.0 and above
|
85
|
5.8
SITE ALTERATION SPECIAL PERMIT
[Amended 5-5-2010 ATM, Art. 17; 5-7-2014 ATM, Art. 24]
5.8.1
Intent and Purpose. The intent of this section is
to promote and protect the public health, safety, and welfare through
the preservation and protection of the environment and by recognizing
the vital importance of free and vegetation growth in the ecological
system. It is further the purpose of this section to:
1.
Preserve and protect the natural scenic beauty and
related natural resources in the Town of Ashland;
2.
Limit land clearing and alteration of natural topography
prior to site plan, preliminary plan, and/or definitive plan approval;
3.
To protect, preserve, and promote the aesthetic appeal,
character, and value of the surrounding neighborhoods; and,
4.
To regulate prior to development plan approval, the
removal of natural vegetation, especially major trees, and excavation
and alteration of land, in order to minimize any danger of erosion,
sedimentation, flooding, water pollution, unnecessary detraction from
natural visual setting, obstruction of significant views, and other
adverse impacts of development.
5.8.2
Applicability.[5] No person shall undertake the following land clearing/grading
activities without first obtaining a Site Alteration Special Permit
from the Planning Board:
5.8.3
Exemption. The provisions of this bylaw shall not
apply to the following activities:
1.
Clearing of land zoned residential when such parcel
is included in a submission for development to the Planning Board;
2.
Removal of hazardous trees;
3.
Routine maintenance of vegetation and removal of dead
or diseased limbs and/or trees necessary to maintain the health of
cultivated plants, to contain noxious weeds and/or vines in accordance
with Department of Environmental Management (DEM) approved Forest
Management Plan, or to remedy a potential fire or health hazard or
threat to public safety;
4.
Maintenance of public and private streets and utilities
within town-approved roadway layouts and easements;
5.
Agricultural activities on land zoned for agriculture,
work conducted in accordance with an approved Natural Resource Conservation
Service Agricultural Plan or agricultural uses on parcels of land
of more than five acres as specified in G.L. c. 40A, Section 3.
5.8.4
Application. Any person seeking a Site Alteration
Special Permit shall submit an application and plan including appropriate
fees to the Planning Board which includes the following:
1.
Reason for site alteration;
2.
Photographs of the site of development taken from
at least three significant public vantage points exterior to the project
together with a map to indicate the location of points and approximate
distance to the proposed development;
3.
The present location and size of all major trees and
vegetation, with a designation of major trees and vegetation sought
to be removed;
4.
The location, size and description of landscaping
materials proposed to be placed on the lot in order to comply with
a Landscape Plan;
5.
The location and boundaries of the lot and adjacent
streets or ways and showing owners' names of all adjacent properties;
6.
Existing and proposed topography, including contours,
the location of the wetlands, streams, water bodies, drainage swales,
areas subject to flooding and unique natural land features;
7.
A timetable indicating estimate startup and completion
dates; and,
8.
A written narrative indicating how runoff will be
controlled and erosion avoided. Either a constructed surface or cover
vegetation will be provided not later than the first full spring season
immediately following completion of the stripping operation. No stripped
area or areas which are allowed by special permit shall remain through
the winter without a temporary cover of winter rye or similar plant
material being provided for soil control, except in the case of agricultural
activity where such temporary cover would be infeasible.
5.8.5
Special Permit. Special Permits will be filed and
reviewed in accordance to the time periods and provisions of M.G.L.
Chapter 40A Section 11. The SPGA shall be the Planning Board for the
purposes of this section.
[Amended 5-2-2018 ATM,
Art. 19]
5.8.6
Other Permits. Issuance of a Site Alteration Special
Permit does not exclude the applicant from applying for an Order of
Conditions in Areas Subject to Protection under the Massachusetts
Wetlands Protection Act. These areas include bank, bordering vegetated
wetlands, riverfronts and the 25-foot and 100-foot buffer zones.
5.8.7
Priority
Development Site(s). Where a Site Alteration Special Permit is required
in connection with the development of a Priority Development Site
(PDS), an application therefor shall be submitted simultaneously with
any other permit application(s) required by the Code of the Town of
Ashland, including these Zoning By-laws, relating to the use or development
of the PDS or the buildings and/or structures located thereon, and
not otherwise exempted by G.L. c. 43D, and a decision thereon shall
be rendered no later than one hundred eighty (180) days from said
date of submittal.
6.1
ADULT ENTERTAINMENT USES
6.1.1
Purpose. The intent and purpose of this section is
to better serve Town interests to prevent the grouping and/or concentration
of adult entertainment establishments as defined in Section 10 pursuant
to Sections 9 and 9A of G.L. Chapter 40A. It has been documented that
Adult Entertainment uses are distinguishable from other business uses
because the location of these uses degrade the quality of life in
the areas of the community in which they are located, with impacts
including increased levels of crime, blight and late hours of operation
resulting in noise and traffic. These detrimental effects are deemed
to run counter to effective land use planning. The Town has great
interest in preserving and protecting the quality of its residential
neighborhoods, and quality of life expectancy of its citizens.
6.1.2
Standards. A special permit shall be required for
the establishment of Adult Bookstores, Adult Video Stores, Adult Paraphernalia
Stores, Adult Motion Picture Theaters and Adult Live Nudity Establishments
as so defined in Section 10 pursuant to the following conditions:
1.
Adult entertainment use locations shall be separated
from any zoning district serving residentially zoned parcels, public
and private schools, public libraries, child day care facilities,
religious facilities, public/private playgrounds, parks and recreational
areas for a distance not less than five hundred (500) feet from all
property lines of the proposed Adult Entertainment location. A minimum
of eight hundred (800) feet distance shall be maintained from any
other Adult Bookstore, Adult Video Store, Adult Paraphernalia Store,
Adult Motion Picture Theater or Adult Live Nudity Establishment use
or from any other establishment licensed under provisions of G.L.
Chapter 138, Section 12, measured from the aforesaid property lines.
2.
No pictures, signs, publications, videotapes, movies,
covers or other implements, items or advertising that falls within
the definition of Adult Bookstore, Adult Video Store, Adult Paraphernalia
Store, Adult Motion Picture Theater or Adult Live Nudity Establishment,
merchandise or which are exotic, prurient or related to violence,
sadism or sexual exploitation shall be displayed in the windows of,
or on the building of, any such establishment or be visible to the
public from any pedestrian sidewalks or walkways or from other areas,
public or semipublic, outside such establishments.
3.
No special permits shall be issued to any person convicted
of violating the provisions of G.L. Chapter 119, Section 63 or G.L.
Chapter 272, Section 28.
6.1.3
Existing Adult Entertainment Establishments. All existing
Adult Bookstores, Adult Video Stores, Adult Paraphernalia Stores,
Adult Motion Picture Theaters and Adult Live Nudity Establishments
shall apply for such special permit within ninety (90) days following
the adoption of this Section by the Town.
6.2
MOTOR VEHICLE SERVICES
6.2.1
Location Requirements. Motor vehicle service stations shall be granted a special permit only in conformity with the following and with Section 5.7.
1.
No location shall be approved if a vehicular entrance
or exit will be so located as to create unusual hazard. Egressing
vehicles shall have at least four hundred (400) feet of visibility
in each travel direction, and no vehicular entrance or exit shall
be located within ten (10) feet of a side lot line or within fifty
(50) feet of the intersection of side lines of intersecting streets.
Entrances and exits shall occupy not more than forty percent (40%)
of lot frontage and shall be clearly channeled through use of curbed
planting areas or similar devices.
2.
No location shall be approved if a vehicular entrance
or exit will be so located as to cross a major pedestrian flow, such
as on sidewalks servicing churches, schools, recreation areas or compact
retail districts.
6.2.2
Queues. There shall be adequate space off-street for
not fewer than two (2) cars to await service per filling station,
and no service building or pumps shall be located within forty (40)
feet of a street line.
6.2.3
Car Wash Requirements. Automatic car washes shall
provide space for not fewer than fifteen (15) cars per washing lane
to queue off-street and, where wastewater does not discharge directly
into a public sewer, shall provide positive means of preventing water
pollution and ensure against wastewater drainage off the lot.
6.3
DRIVEWAYS
1.
General. For the purpose of promoting the safety of
the residents of the Town, an application for a building permit for
a residential structure shall include a plan, at a scale of 1" = 100
ft., showing the driveway serving the premises, and showing existing
and proposed topography at 10 foot or 3 meter contour intervals. All
driveways shall be constructed in a manner ensuring reasonable and
safe access from the public way serving the premises to within a distance
of 100 feet or less from the building site of the residential structure
on the premises, for all vehicles, including, but not limited to,
emergency, fire, and police vehicles. The Building Inspector shall
not issue a building permit for the principal structure on the premises
unless all of the following conditions have been met:
2.
Location. Wherever possible, a driveway shall not
be located within five (5) feet of any side or rear lot line excluding
cluster development lots.
3.
Grade. The grade of each driveway where it intersects
with the public way shall not exceed six percent (6%) for a distance
of 20 feet from the travel surface of the public way unless the Planning
Board shall grant a special permit after a determination that said
driveway will provide safe and reasonable access for fire, police
and emergency vehicles. Cluster development lots are excluded.
4.
Access. Driveways serving the premises shall provide
access through the required frontage of the serviced lot with the
following exceptions:
1.
Access can be provided to the serviced lot from adjacent
property when easements or other appropriate legal devices over said
adjacent property are in place and recorded at the registry of Deeds.
Nothing herein shall be construed to exclude the frontage requirement.
5.
Common Driveways. Common driveways serving not more
than two (2) lots may be allowed on special permit by the Planning
Board. A common driveway must satisfy all of the conditions in this
Section, as well as all of the following conditions:
1.
The center line intersection with the street center
line shall not be less than 45 degrees;
2.
A minimum cleared width of 12 feet shall be maintained
over its entire length of the common driveway;
3.
Proposed documents shall be submitted to the Planning
Board demonstrating that, through easements, restrictive covenants,
or other appropriate legal devices, the maintenance, repair, snow
removal, and liability for the common driveway shall remain perpetually
the responsibility of the private parties, or their successors-in-interest.
6.4
[1] WIRELESS COMMUNICATIONS FACILITIES.
[Amended 11-29-2010 STM, Art. 15; 11-19-2013 STM, Art. 22]
6.4.1
Purpose
and Intent. This Section is designed to provide guidance for the installation
of new towers, antennas and other communication structures for all
types of Wireless Communications Facilities (WCF) within the Town
of Ashland or for the replacement, expansion, upgrade or modification
of said equipment. The Bylaw will establish standards to protect the
interests of the general public, provide for public safety, preserve
character and property values, and minimize visual and environmental
impacts throughout the town as well as adjacent towns and especially
on Residential Districts. The Bylaw enables the review and approval
of Wireless Communications Facilities by the Town's Planning Board,
acting as the Special Permit Granting Authority, in keeping with the
Town's existing bylaws and historic development patterns, including
the size and spacing of structures and open spaces. This bylaw is
intended to be used in conjunction with other regulations adopted
by the Town, including historic district regulations, site plan review
and other local bylaws designed to preserve the character of the town,
preserve quality of life, and encourage appropriate land use, environmental
protection, and provision of adequate infrastructure development in
Ashland.
6.4.2
District
Regulations.
1.
New or
modified WCFs in Ashland's zoning districts shall require a special
permit from the SPGA. These include ground mounts, building (roof
or side) mounts, and WCFs mounted on other existing structures. These
also include replacement, expansion, upgrade, modification, or significant
change in appearance of a WCF such as an extension in height or width;
addition of cells, antennae, or panels; upgrade of technology; or
a new replacement of a facility. The Applicant shall submit documentation
of the legal right, physical need, and structural capacity to install
and/or use the proposed facility mount at the time of application
of the special permit.
2.
In commercial
and industrial zoning districts, WCFs are allowed in all areas, subject
to the exceptions listed below.
3.
In residential
zoning districts, WCFs are not allowed in any areas unless the Applicant
can show that the proposed location is necessary to close a significant
gap in wireless service AND no feasible alternative, location, or
technology exists, subject to the exceptions listed below.
4.
Under no
conditions will the SPGA allow a new or modified WCF located:
a.
Within 300 feet of a residential building in Ashland's residential
zoning districts;
b.
Within 300 feet of a building in Ashland licensed by the Massachusetts
Department of Elementary and Secondary Education to educate persons
under the age of 18; and
c.
On land for which there is a permanent conservation restriction as
authorized under Sections 31-33 of Chapter 184 of the General Laws
of Massachusetts OR there are active/ fixed recreational activities
including but not limited to playgrounds, ball fields, and tennis
courts.
5.
Notwithstanding
any of these regulations, the Town encourages co-location on existing
structures, including but not limited to existing WCFs, buildings,
water towers, utility poles and towers, and related facilities, provided
such installations preserve the character and integrity of those structures.
In particular Applicants are urged to consider use of existing telephone
and electric utility structures.
6.
WCFs on
existing structures shall:
a.
Not extend the height of the existing structure unless the structure
meets all requirements of this Bylaw;
b.
not project above the existing structure by more than ten feet;
c.
be finished in a manner designed to be aesthetically consistent with
the exterior finish of the structure;
d.
be mounted so that it does not obscure any window or other exterior
architectural feature; and
e.
not exceed fifty (50) square feet of front surface facing surrounding
streets and adjacent properties, individually or in aggregate. In
reviewing an application the SPGA may increase this surface if it
finds that a substantially better design will result from such increase.
In making such a finding the SPGA shall consider both the visual and
safety impacts of the proposed use.
7.
WCFs in
new locations shall:
a.
be allowed only if the Applicant has definitively demonstrated that
there are no feasible existing structures upon which to locate;
b.
be camouflaged to the greatest extent possible, including but not
limited to the use of compatible building materials and colors, screening,
and landscaping; and
c.
include a "fall zone" equal to 150% of the height of the facility/
mount, including any antennae or other appurtenances. Within this
fall zone there shall be no habitable structure and the Applicant
shall demonstrate control of the land (via lease or ownership) to
prohibit future habitable construction. In reviewing an application
the SPGA may reduce the required fall zone by as much as 50% of the
required distance if it finds that a substantially better design will
result from such reduction. In making such a finding the SPGA shall
consider both the visual and safety impacts of the proposed use.
8.
All WCFs
shall:
a.
be no
higher than ten feet above the average height AGL of buildings, tree
canopy, or other structures within 300 feet OR, if on an existing
structure, ten feet above the height of the existing structure, whichever
is higher;
b.
be no
higher than ten feet above the height limit of the zoning district
within which the WCF is located, unless the WCF is completely camouflaged
such as within a flagpole, steeple, chimney, or similar structure;
and
c.
meet
the setback requirements of the underlying zoning district.
6.4.3
Special
Permit Regulations. All Wireless Communications Facilities shall comply
with the Requirements and Performance Standards set forth in this
section.
1.
The following types of wireless communications facilities are exempt
from the Special Permit requirement of this bylaw and may be constructed,
erected, installed, placed and/or used within the Town subject to
the issuance of a building permit by the Building Commissioner:
a.
Amateur
radio towers used in accordance with the terms of any amateur radio
service license issued by the Federal Communications Commission, provided
that:
i.
the tower is not used or licensed for any commercial purpose;
ii.
the tower must have a cost or replacement value of less than
$10,000.00;
iii.
if the tower is a free-standing device, such device shall be
installed in the rear yard only, outside the setback; and
iv.
the tower must be removed if the use is discontinued for one
(1) year.
b.
Towers
used for the purposes set forth in M.G.L. C.40A, Section 3.
c.
Satellite
dishes less than 1 meter in diameter.
2.
The SPGA shall not grant a Special Permit for lattice towers and
similar facilities requiring three (3) or more legs and/or guy wires
for support. Only monopoles, with associated antenna and/or panels,
are allowed.
3.
Any new free-standing towers shall be designed to structurally accommodate
the maximum number of foreseeable users (within a ten (10) year period)
as technically practicable. The intent of this requirement is to reduce
the number of facilities which will be required to be located within
the community.
4.
Design
Standards.
a.
Site
Design Standards.
i.
All
wireless communications facilities shall minimize, to the extent feasible,
adverse visual effects on the environment, the community and surrounding
communities. The SPGA may impose reasonable conditions to ensure this
result, including painting, screening and lighting standards.
ii.
Access
shall be provided to a tower site by a roadway which respects the
natural terrain, does not appear as a scar on the landscape and is
approved by the SPGA, the SPGA and the Fire Chief to assure emergency
access at all times. Consideration shall be given to design which
minimizes erosion, construction on unstable soils and steep slopes.
iii.
There shall be a minimum of one (1) parking space for each WCF to
be used in connection with the maintenance of the site, and not to
be used for the permanent storage of vehicles or other equipment.
iv.
Traffic
associated with the tower and accessory facilities and structures
shall not adversely affect abutting ways.
b.
Visibility/Camouflage.
All WCFs shall be sited in such a manner that the view of the facility
from adjacent abutters, residential neighbors and other areas of the
Town or Adjacent Towns shall be as limited as possible. All monopoles
and dishes shall be painted or otherwise colored so as to blend in
with the landscape or the structure on which they are located. A different
color scheme shall be used to blend the structure with the landscape
below and above the tree or building line.
Satellite dishes and/or antennae shall be situated on or attached
to a structure in such a manner that they are screened, preferably
not being visible from abutting streets. Free-standing dishes or antennae
shall be located on the landscape in such a manner so as to minimize
visibility from abutting streets and residences and to limit the need
to remove existing vegetation. All equipment shall be colored, molded
and/or installed to blend into the structure and/or the landscape.
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Wireless Communications Facilities shall be camouflaged as follows:
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i.
Camouflage by Existing Buildings or Structures. When a Wireless Communications
Facility extends above the roof height of a building on which it is
mounted, every effort shall be made to conceal the facility within
or behind existing architectural features to limit its visibility
from public ways. Facilities mounted on a roof shall be stepped back
from the front facade in order to limit their impact on the building's
silhouette. Wireless Communications Facilities which are side mounted
shall blend with the existing building's architecture and shall be
painted or shielded with material which is consistent with the design
features and materials of the building.
ii.
Camouflage by Vegetation. If Wireless Communications Facilities
are not camouflaged from public viewing areas by existing buildings
or structures, they shall be surrounded by buffers of dense tree growth
and understory vegetation in all directions to create an effective
year-round visual buffer. Ground-mounted Wireless Communications Facilities
shall provide a vegetated buffer of sufficient height and depth to
effectively screen the facility. Trees and vegetation may be existing
on the subject property or installed as part of the proposed facility
or a combination of both. Existing on-site vegetation shall be preserved
to the maximum extent practicable. The SPGA shall determine the types
of trees and plant materials and depth of the needed buffer based
on site conditions.
iii.
Color. Wireless Communications Facilities which are side-mounted
on buildings shall be painted or constructed of materials to match
the color of the building material directly behind them. To the extent
that any Wireless Communications Facilities extend above the height
of the vegetation immediately surrounding it, they shall be painted
in a light grey or light blue hue which blends with sky and clouds.
The portion of a building-mounted WCF extending above the building
shall be painted to blend with sky and clouds.
c.
Equipment
Shelters. Where feasible, the equipment to relay the wireless transmission
or to transfer the wireless transmissions to the phone system shall
be located inside an existing structure. Otherwise, such equipment
shall be located in a new structure in a location where the visual
impact to the community and surrounding communities will be minimized.
The SPGA may impose conditions on the siting and screening of such
structure.
Equipment shelters for Wireless Communications Facilities shall
be designed consistent with one of the following design standards:
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i.
Equipment shelters shall be located in underground vaults;
ii.
Equipment shelters shall be designed to be consistent with the
architectural context, styles and materials, of the surrounding neighborhood
as determined by the SPGA.
iii.
Equipment shelters shall be camouflaged behind an effective
year-round landscape buffer, equal to the height of the proposed building,
and/or wooden fence. The SPGA shall determine the style of fencing
and/or landscape buffer that is compatible with the neighborhood.
d.
Lighting
and Signage:
i.
Wireless Communications Facilities shall be lighted only if required
by the Federal Aviation Administration (FAA). Lighting of equipment
structures and any other facilities on site shall be shielded from
abutting properties. There shall be total cutoff of all light at the
property lines of the parcel to be developed, and footcandle measurements
at the property line shall be 0.0 initial footcandles when measured
at grade.
ii.
There shall be no signs, except for announcement signs, danger
signs, "No Trespassing" signs and a required sign giving the telephone
number where the owner may be reached on a twenty-four-hour (24-hr.)
basis. All signs shall conform with the Town of Ashland Sign Bylaws.
e.
Historic
Buildings and Districts:
i.
Any Wireless Communications Facilities located on or within an historic
structure shall not alter the character-defining features, distinctive
construction methods, or original historic materials of the building.
ii.
Any alteration made to an historic structure to accommodate
a Wireless Communications Facility shall be fully reversible.
iii.
Wireless Communications Facilities within an historic district
shall be concealed within or behind existing architectural features,
or shall be located so that they are not visible from public roads
and viewing areas within the district.
f.
Scenic
Landscapes and Vistas:
i.
Wireless Communications Facilities shall not be located within open
areas that are visible from public roads, recreational areas or residential
development. As required in the Camouflage section above, all ground-mounted
Wireless Communications Facilities which are not camouflaged by existing
buildings or structures shall be surrounded by a buffer of dense tree
growth.
ii.
Any Wireless Communications Facility that is located within
300 feet of a scenic vista, scenic landscape, or scenic road as designated
by the town shall not exceed the height of vegetation at the proposed
location. If the facility is located farther than 300 feet from those
elements, the height regulations described elsewhere in this bylaw
will apply.
g.
Service
Utilities. All utilities, which will service the proposed personal
wireless service facility, shall be located below ground from the
facility's property line.
h.
Environmental
Standards:
i.
Wireless Communications Facilities shall not be located in wetlands.
Locating of wireless facilities in wetland buffer areas shall be avoided
whenever possible and disturbance to wetland buffer areas shall be
minimized and subject to approval of the Conservation Commission.
ii.
No hazardous waste shall be discharged on the site of any Wireless
Communications Facility. If any hazardous materials are to be used
on site, there shall be provisions for full containment of such materials.
An enclosed containment area shall be provided with a sealed floor,
designed to contain at least 110% of the volume of the hazardous materials
stored or used on the site.
iv.
Ground-mounted equipment for Wireless Communications Facilities
shall not generate noise in excess of 50 db at the property line.
v.
Roof-mounted or side-mounted equipment for Wireless Communications
Facilities shall not generate noise in excess of 50 db at ground level
at the base of the building closest to the antenna.
i.
Safety
Standards:
i.
Radiofrequency Radiation (RFR) Standards. All equipment proposed
for a Wireless Communications Facility shall be authorized per the
FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency
Radiation (FCC Guidelines), as well as the Massachusetts Department
of Public Health standards with respect to emissions from wireless
facilities.
ii.
All ground-mounted WCFs shall be surrounded by a security barrier.
The security barrier shall be a minimum of eight (8) feet in height.
All fencing, walls and gates shall be compatible with the context
of the existing neighborhood and community as determined by the SPGA
and the Building Inspector.
6.4.4
Application
Procedures.
1.
All persons desiring to erect, replace, upgrade or modify a WCF shall
apply for a Special Permit from the SPGA. As part of any application
for a permit, applicants shall submit the information required for
special permit approval as set forth herein and by the Town of Ashland.
2.
If the SPGA determines that independent review of the special permit
is required, the Board will require the applicant to pay a review
fee consisting of reasonable costs to be incurred by the Board for
the employment of outside consultants pursuant to SPGA rules as authorized
by G.L. c. 44, Section 53G.
3.
Fees for permits shall be established and amended periodically by
the Special Permit Granting Authority.
4.
No application shall be accepted or acted upon until all the required
information as set forth in this bylaw is provided by the applicant
and all required fees are paid.
5.
The Building Commissioner or his agent shall perform a field inspection
on all applications for a WCF prior to the hearing for the Special
Permit. The results of the inspection shall become a permanent part
of the applicant's file on a form prescribed by the Building Commissioner,
and shall bear the date of inspection, comments and the signature
of the inspecting officer.
6.
The SPGA may impose written conditions on the Special Permit.
7.
Pre-Application Conference. Prior to the submission of an application
for a Special Permit under this regulation, the applicant is strongly
encouraged to meet with the SPGA at a public meeting to discuss the
proposed Wireless Communications Facility in general terms and to
clarify the filing requirements. The SPGA shall meet with an applicant
under this regulation within twenty-one (21) days following a written
request submitted to the SPGA and the Town Clerk. If the SPGA fails
to meet with an applicant who has requested such a meeting within
twenty-one (21) days of said request and said meeting has not been
postponed due to mutual agreement, the applicant may proceed with
a Special Permit application under this regulation without need for
a pre-application conference.
8.
Pre-Application Filing Requirements. The purpose of the conference
is to inform the SPGA as to the preliminary nature of the proposed
Wireless Communications Facility. As such, no formal filings are required
for the pre-application conference. However, the applicant is encouraged
to prepare sufficient preliminary architectural and/or engineering
drawings to inform the SPGA of the location of the proposed facility,
as well as its scale and overall design.
9.
Application Filing Requirements. Ten copies of the following shall
be included with an application for a Special Permit for all Wireless
Communications Facilities:
a.
General Filing Requirements:
i.
Name, address and telephone number of applicant and any co-applicants
as well as any agents for the applicant or co-applicants.
ii.
Co-applicants may include the landowner of the subject property,
licensed carriers and tenants for the Wireless Communications Facility.
iii.
A licensed carrier shall either be an applicant or a co-applicant.
iv.
Original signatures for the applicant and all co-applicants
applying for the Special Permit. If the applicant or co-applicant
will be represented by an agent, original signature authorizing the
agent to represent the applicant and/or co-applicant. Photoreproductions
of signatures will not be accepted.
v.
The owner of the WCF shall provide to the Town a certificate of insurance
on a Commercial General Liability (CGL) form. The CGL insurance must
be on an occurrence basis and at a limit as established and as may
be amended from time to time by the Town of Ashland.
b.
Location Filing Requirements:
i.
Identify the subject property by including the Town as well as the
name of the locality, name of the nearest road or roads, and street
address, if any.
ii.
Tax map and parcel number of subject property.
iii.
Zoning district designation for the subject parcel (Submit copy
of Town zoning map with parcel identified).
iv.
A line map to scale showing the lot lines of the subject property
and all properties within 300 feet and the location of all buildings,
including accessory structures, on all properties shown.
v.
A town-wide map showing the other existing Wireless Communications
Facilities in the Town and outside the Town within one mile of its
corporate limits.
vi.
The proposed locations of all existing and future Wireless Communications
Facilities in the Town on a Town-wide map for this carrier.
c.
Plan Filing Requirement. A one-inch-equals-40 feet vicinity plan
showing the following:
i.
Property lines for the subject property.
ii.
Property lines of all properties adjacent to the subject property
within 300 feet.
iii.
Tree cover on the subject property and adjacent properties within
300 feet, by dominant species and average height, as measured by or
available from a verifiable source.
iv.
Outline of all existing buildings, including purpose (e.g. residential
buildings, garages, accessory structures, etc.) on subject property
and all adjacent properties within 300 feet.
v.
Proposed location of antenna, mount and equipment shelter(s).
vi.
Proposed security barrier, indicating type and extent as well
as point of controlled entry.
vii.
Location of all roads, public and private, on the subject property
and on all adjacent properties within 300 feet including driveways
proposed to serve the Wireless Communications Facility.
viii.
Distances, at grade, from the proposed Wireless Communications
Facility to each building on the vicinity plan.
ix.
Contours at each two feet above mean sea level for the subject
property and adjacent properties within 300 feet.
x.
All proposed changes to the existing property, including grading,
vegetation removal and temporary or permanent roads and driveways.
xi.
Representations, dimensioned and to scale, of the proposed mount,
antennas, equipment shelters, cable runs, parking areas and any other
construction or development attendant to the Wireless Communications
Facility.
xii.
Lines representing the sight line showing viewpoint (point from
which view is taken) and visible point (point being viewed) from "Sight
Lines" sub-section below.
d.
Sight Line Filing Requirement:
i.
Sight line representation. A sight line representation shall be drawn
from any public road within 300 feet and the closest facade of each
residential building (viewpoint) within 300 feet to the highest point
(visible point) of the Wireless Communications Facility. Each sight
line shall be depicted in profile, drawn at one inch equals 40 feet.
The profiles shall show all intervening trees and buildings. In the
event there is only one residential building within 300 feet there
shall be at least two sight lines from the closest habitable structures
or public roads, if any.
ii.
Existing (before condition) photographs. Each sight line shall
be illustrated by one eight by ten inch color photograph of what can
currently be seen from any public road within 300 feet.
iii.
Proposed (after condition). Each of the existing condition photographs
shall have the proposed Wireless Communications Facility superimposed
on it to show what will be seen from public roads if the proposed
Wireless Communications Facility is built.
e.
Elevations Filing Requirement. Siting elevations, or views at-grade
from the north, south, east and west for a 50-foot radius around the
proposed Wireless Communications Facility plus from all existing public
and private roads that serve the subject property. Elevations shall
be at either one-quarter inch equals one foot or one-eighth inch equals
one foot scale and show the following:
i.
Antennas, mounts and equipment shelter(s), with total elevation dimensions
and AGL of the highest point.
ii.
Security barrier. If the security barrier will block views of
the Wireless Communications Facility, the barrier drawing shall be
cut away to show the view behind the barrier.
iii.
Any and all structures on the subject property.
iv.
Existing trees and shrubs at current height and proposed trees
and shrubs at proposed height at time of installation, as well as
estimated height and breadth in five (5) years, with approximate elevations
dimensioned.
v.
Grade changes, or cuts and fills, to be shown as original grade and
new grade line, with two-foot contours above mean sea level.
f.
Design Filing Requirements:
i.
Equipment brochures for the proposed Wireless Communications Facility
such as manufacturer's specifications or trade journal reprints shall
be provided for the antennas, mounts, equipment shelters, cables as
well as cable runs, and security barrier, if any.
ii.
Materials of the proposed Wireless Communications Facility specified
by generic type and specific treatment (e.g., anodized aluminum, stained
wood, painted fiberglass, etc.). These shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any.
Colors of the proposed Wireless Communications Facility represented
by a color board showing actual colors proposed. Colors shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
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Dimensions of the Wireless Communications Facility specified
for all three directions: height, width and breadth. These shall be
provided for the antennas, mounts, equipment shelters and security
barrier, if any.
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iii.
Appearance shown by at least two photographic superimpositions
of the Wireless Communications Facility within the subject property.
The photographic superimpositions shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any, for the total height, width and breadth.
iv.
Landscape plan including existing trees and shrubs and those
proposed to be added, identified by size of specimen at installation
and species.
v.
Specifications for construction, lighting and wiring in accordance
with State and National building codes, including a description of
the capacity of the WCF, including the number and types of panels,
antennas and/or transmitter receivers that it can accommodate and
the basis for these calculations. Describe the technical, economic
and other reasons for the tower design, and the need for the tower
at the proposed location.
vi.
A statement of the services to be supported by the proposed
communications structure;
vii.
Describe the wireless telecommunications provider's master antenna
plan, including detailed maps, showing the precise locations, characteristics
of all antennas and towers and indicating coverage areas for current
and future antennas and towers;
viii.
Evidence, if applicant is sole user of a structure, that all
possible means of co-location for multiple use of antennae elsewhere
have been exhausted.
ix.
If lighting of the site is proposed, the applicant shall submit
a manufacturer's computer-generated point-to-point printout, indicating
the horizontal footcandle levels at grade, within the property to
be developed and twenty-five (25) feet beyond the property lines.
The printout shall indicate the locations and types of luminaires
proposed.
x.
Demonstrate that the tower and facilities comply with this regulation.
xi.
The SPGA may require the applicant to perform an on-site demonstration
of the visibility of the proposed tower by means of a crane with a
mock antenna array raised to the maximum height of the proposed tower.
A colored 4' minimum diameter weather balloon held in place at the
proposed site and maximum height of the tower may be substituted for
the crane if approved by the SPGA. This demonstration shall take place
after the application for Special Permit has been made, but prior
to the close of the public hearing on said Special Permit and shall
be maintained for a 10 hour period. The date, time and location of
such test shall be advertised in a newspaper of general circulation
in the Town at least 14 days, but not more than 21 days prior to the
test. Failure, in the opinion of the SPGA, to adequately advertise
this demonstration may be cause for the SPGA to require another, properly
advertised demonstration.
g.
Noise Filing Requirements. The applicant shall provide a statement
listing the existing and maximum future projected measurements of
noise from the proposed Wireless Communications Facilities, measured
in decibels Ldn (logarithmic scale, accounting for greater sensitivity
at night), for the following:
i.
Existing, or ambient: the measurements of existing noise.
ii.
Existing plus proposed Wireless Communications Facilities: maximum
estimate of noise from the proposed Wireless Communications Facility
plus the existing noise environment.
Such statement shall be certified and signed by an acoustical
engineer, stating that noise measurements are accurate and meet the
Noise Standards of this Bylaw.
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h.
Radiofrequency Radiation (RFR) Filing Requirements. Massachusetts
Department of Public Health regulation 105 CMR 122.000 requires that
the Department of Public Health approve all sites for wireless facilities
with respect to emissions. Applicant must submit a copy of the approval
letter from the Massachusetts Department of Public Health prior to
project approval as part of their application package.
The applicant shall provide a statement listing the existing
and maximum future projected measurements of RFR from the proposed
Wireless Communications Facility, for the following situations:
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i.
Existing, or ambient: the measurements of existing RFR.
ii.
Existing plus proposed Wireless Communications Facilities: maximum
estimate of RFR from the proposed Wireless Communications Facility
plus the existing RFR environment.
iii.
Certification signed by a RF engineer stating that RFR measurements
are accurate and meet FCC Guidelines as specified in the Radiofrequency
Radiation Standards sub-section of this Bylaw.
i.
Federal Environmental Filing Requirements. The National Environmental
Policy Act (NEPA) applies to all applications for Wireless Communications
Facilities. NEPA is administered by the FCC via procedures adopted
as Subpart I, Section 1.1301 et seq. (47 CRF Ch. I). The FCC requires
that an environmental assessment (EA) be filed with the FCC prior
to beginning operations for any Wireless Communications Facility proposed
in or involving any of the following:
i.
Wilderness areas.
ii.
Wildlife preserves.
iii.
Endangered species habitat.
iv.
Historical site.
v.
Indian religious site.
vi.
Flood plain.
vii.
Wetlands.
viii.
High intensity white lights in residential neighborhoods.
ix.
Excessive radiofrequency radiation exposure.
At the time of application filing, an EA that meets FCC requirements
shall be submitted to the Town for each Wireless Communications Facility
site that requires such an EA to be submitted to the FCC.
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The applicant shall list location, type and amount (including
trace elements) of any materials proposed for use within the Wireless
Communications Facility that are considered hazardous by the federal,
state or local government.
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j.
The Special Permit Granting Authority may waive one or more of the
application filing requirements of this section if it finds that such
information is not needed for a thorough review of a proposed Wireless
Communications Facility.
k.
Application Processing Requirements:
i.
When submitting an application to the SPGA the Applicant shall provide
a copy to the Select Board and submit proof of submission to the SPGA.
[Amended 11-20-2019 STM, Art. 14]
ii.
Within 5 days of receipt of a complete WCF application, the
SPGA shall submit a request for an Advisory Opinion from any Boards
it deems appropriate.
iii.
Within 35 days of receipt of a complete WCF application, the
SPGA shall request Advisory Opinion responses from those Boards. These
responses shall be considered in the decision of the SPGA, at its
discretion.
iv.
Within 65 days of receipt of a complete WCF application, the
SPGA shall hold a Public Hearing.
v.
Within 90 days of receipt of a complete WCF application, the SPGA
must issue a final decision, unless an extension is agreed to by the
applicant.
vi.
The Applicant may request an extension of time for action on
any application.
6.4.5
Co-location.
1.
Licensed carriers shall share Wireless Communications Facilities
and sites where feasible and appropriate, thereby reducing the number
of Wireless Communications Facilities that are stand-alone facilities.
All applicants for a Special Permit for a Wireless Communications
Facility shall demonstrate a good faith effort to co-locate with other
carriers. Such good faith effort includes:
a.
A survey of all existing structures that may be feasible sites for
co-locating Wireless Communications Facilities;
b.
Contact with all the other licensed carriers for commercial mobile
radio services operating in the County; and
c.
Sharing information necessary to determine if co-location is feasible
under the design configuration most accommodating to co-location.
2.
In the event that co-location is found to be not feasible, a written
statement of the reasons for the infeasibility shall be submitted
to the Town. The Town may retain a technical expert in the field of
RF engineering to verify if co-location at the site is not feasible
or is feasible given the design configuration most accommodating to
co-location. The cost for such a technical expert will be at the expense
of the applicant. The Town may deny a Special Permit to an applicant
that has not demonstrated a good faith effort to provide for co-location.
3.
If the applicant does intend to co-locate or to permit co-location,
the Town shall request drawings and studies which show the ultimate
appearance and operation of the Wireless Communications Facility at
full build-out.
4.
If the SPGA approves co-location for a Wireless Communications Facility
site, the Special Permit shall indicate how many facilities of what
type shall be permitted on that site. The addition of any facilities
shall require a new Special Permit.
Estimates of RFR emissions will be required for all facilities,
including proposed and future facilities.
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6.4.6
Modifications.
A modification of a Wireless Communications Facility may be considered
equivalent to an application for a new Wireless Communications Facility
and will require a Special Permit when the following events apply:
1.
The applicant and/or co-applicant wants to alter the terms of the
Special Permit by changing the Wireless Communications Facility in
one or more of the following ways:
2.
The applicant and/or co-applicant wants to add any equipment or additional
height or width not specified in the original design filing.
6.4.7
Monitoring
and Maintenance.
1.
After the Wireless Communications Facility is operational, the applicant
shall submit, within 90 days of beginning operations, and at annual
intervals from the date of issuance of the Special Permit, existing
measurements of RFR emitted from the WCF in aggregate worst case conditions
at 50' foot intervals from the WCF up to 1000' on an annual basis
to the SPGA. The report will compare the measured results to the applicant's
calculated worst case scenario provided with its original application,
to previous annual measurements and to stated FCC limits. The report
will be made available to the public on the town web site. If the
RFR levels are higher than what was indicated in its application the
applicant will be asked to provide details as to why the levels are
higher and what will be done to lower RFR to the levels approved by
the SPGA. Such measurements shall be signed and certified by a RF
engineer, stating that RFR measurements are accurate and meet FCC
Guidelines as specified in the Radiofrequency Standards section of
this Bylaw. At the request of the SPGA, the applicant shall pay for
an independent and qualified third party hired by the Town to measure
and report on the levels of RFR.
2.
After the Wireless Communications Facility is operational, the applicant
shall submit, within 90 days of the issuance of the Special Permit,
and at annual intervals from the date of issuance of the Special Permit,
existing measurements of noise from the Wireless Communications Facility.
Such measurements shall be signed by an acoustical engineer, stating
that noise measurements are accurate and meet the Noise Standards
provisions of this Bylaw.
3.
The applicant and co-applicant shall maintain the Wireless Communications
Facility in good condition. Such maintenance shall include, but shall
not be limited to, painting, structural integrity of the mount and
security barrier, and maintenance of the buffer areas, landscaping
and trash removal. Verification of maintenance and structural integrity
by a certified structural engineer shall be required at the request
of the Building Commissioner on a biannual basis.
4.
The WCF shall be subject to ongoing monitoring by the building commissioner
with respect to adherence to all zoning ordinances and special permit
conditions, including, but not limited to hours of operation, noise,
lighting and on-site activity.
6.4.8
Abandonment
or Discontinuation of Use.
1.
At such time that a licensed carrier plans to abandon or discontinue
operation of a Wireless Communications Facility, such carrier will
notify the Town by certified U.S. mail of the proposed date of abandonment
or discontinuation of operations. Such notice shall be given no less
than 30 days prior to abandonment or discontinuation of operations.
In the event that a licensed carrier fails to give such notice, the
Wireless Communications Facility shall be considered abandoned upon
such discontinuation of operations. If more than one WCF is located
on the same structure, the facility is not considered abandoned unless
all carriers have discontinued operations. In that case, each carrier
shall be responsible for physically removing only the equipment specific
to that carrier, in accordance with the provisions of this Bylaw.
2.
Upon abandonment or discontinuation of use, the carrier shall physically
remove the Wireless Communications Facility within 90 days from the
date of abandonment or discontinuation of use, "Physically remove"
shall include, but not be limited to:
a.
Removal of antennas, mount, equipment shelters and security barriers
from the subject property.
b.
Proper disposal of the waste materials from the site in accordance
with local and state solid waste disposal regulations.
c.
Restoring the location of the Wireless Communications Facility to
its natural condition, except that any landscaping and grading shall
remain in the after-condition.
3.
If a carrier fails to remove a Wireless Communications Facility in
accordance with this section of this Bylaw, the town shall have the
authority to enter the subject property and physically remove the
facility. The SPGA shall require a maintenance and removal guarantee
bond for all wireless communications facilities subject to Special
Permit under this Section in the event the Town must remove the facility.
The Building Commissioner may also require such bond for facilities
which are exempt from Special Permits.
6.4.9
Reconstruction or Replacement of Existing Towers and Monopoles.
Modifications to pre-existing conforming WCFs shall comply with the
requirements of this Bylaw. Modifications to pre-existing non-conforming
WCFs shall meet the requirements of Section 3.3.3 of the Zoning Bylaw
(Nonconforming Structures).
6.4.10
Independent Engineering Review. The Town may retain a technical
expert to review any of the Special Permit submission requirements
required in this Bylaw and for other technical review and advice as
may be required during the Special Permit process and required by
the conditions of the Special Permit. The cost for such a technical
expert will be at the expense of the applicant.
6.4.11
Permit to Construct. Upon receipt of a Special Permit from
the SPGA, and site plan approval from the SPGA, the applicant shall
apply to the Building Commissioner for a permit to construct, upgrade,
replace or modify a WCF and shall provide written evidence that all
preconstruction conditions as may be a part of the Special Permit
decision have been satisfied.
6.4.12
Term of Special Permit. A Special Permit issued for any Wireless
Communications Facility over fifty (50) feet in height shall be valid
for fifteen (15) years. At the end of that time period, the Wireless
Communications Facility shall be removed by the carrier or a new Special
Permit shall be required.
6.4.13
Fines And Penalties. Violations by the Applicant of above conditions,
regulations, standards or restrictions, or violation of any conditions
contained in the Special Permit or Site Plan decisions, may be subject
to fines in the amount of $300 per day, at the discretion of the SPGA
and the Building Commissioner.
[1]
Editor's Note: Former Section 6.4, Large Scale Photovoltaic
Installations, added 5-5-2010 ATM, Art. 21, was repealed 11-19-2013
STM, Art. 18.
6.5
MEDICAL
MARIJUANA DISPENSARY REQUIREMENTS
[Added 11-19-2013 STM, Art. 16]
6.5.1
Purpose.
The purpose of this section is to ensure that those entities permitted to operate a Medical Marijuana Dispensary, as defined at Section 10.0 herein, comply with all of the provisions of Chapter 369 of the Acts of 2012.
6.5.2
Special
Permit and Special Permit Granting Authority
A Special Permit shall be required for the establishment of
a Medical Marijuana Dispensary. For the purposes of this section,
the Special Permit Granting Authority shall be the Planning Board.
6.5.3
Performance
Standards
1.
No Medical Marijuana Dispensary shall be permitted within 750 feet
of a public or private school, daycare facility, or playground, public
park and public forest;
2.
The cultivation of medical marijuana within the Town of Ashland shall
only occur on the same property as an establishment that sells and
dispenses medical marijuana to a qualified patient or personal caregiver.
A dispensary may operate without cultivation occurring on-site as
long as the applicant can provide proof of an existing cultivation
registration at another location;
3.
Cultivation and storage of medical marijuana shall be in a secure,
enclosed, locked area. Medical marijuana shall not be visible from
the street or other public areas;
4.
An applicant must demonstrate compliance with the application requirements
for the Registration of Medical Marijuana Dispensaries as set forth
in the regulations promulgated by the Massachusetts Department of
Public Health (or referred to herein as "DPH");
5.
A Special Permit shall only be valid for use by the applicant and
will become null and void upon the sale or transfer of the Medical
Marijuana Dispensary registration or license;
6.
In the event that the DPH revokes, fails or refuses to issue a license
or registration, a special permit issued by the Town for the medical
marijuana dispensary shall be deemed null and void;
7.
In the event that the DPH suspends the license or registration of
a medical marijuana dispensary, the special permit shall be so suspended
by the Town until the matter is resolved to the satisfaction of the
DPH;
8.
The provisions of this Ordinance are severable and if any clause,
sentence, paragraph or section of this measure, or an application
thereof, shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section or application adjudged invalid.
[Section 17 of Chapter 369 of the Acts of 2012].
7.1
DWELLING CONVERSION
7.1.1
General. A special permit may be granted for conversion
of an existing structure to accommodate additional families in districts
where allowed under the Table of Uses, provided that the following
are complied with:
1.
No extension to the principal structure shall be made
or additional exterior entrances created within sight from a street.
2.
Lot area shall be not less than the minimum required
for a single-family dwelling at that location, plus fifty percent
(50%) of the required area for each dwelling unit in excess of one
(1).
3.
The added dwelling units shall be served by the town
sewerage system or by a new on-site disposal system meeting the requirements
of Title V of the State Environmental Code.
4.
No parking space provided to meet the requirements of Section 5.1 shall be located within a required front yard or block egress from another parking space.
5.
Floor area shall equal at least seven hundred (700)
square feet per dwelling unit.
7.2
SENIOR RESIDENTIAL COMMUNITY (SRC)
7.2.1
Purpose. The purpose of this section is to:
1.
promote alternative housing for a maturing population;
2.
provide a type of housing which reduces residents'
hardships of property maintenance and which reduces demands on municipal
services; and
3.
promote flexibility in land use planning in order
to improve site layouts, safety, protection of natural attributes
and environmental values and utilization of land in harmony with neighboring
properties.
7.2.2
Administration. The Planning Board may grant approval
for the construction and occupancy of a senior residential community,
supplemented by appropriate amenities as agreed to by the owner, of
a parcel of land in excess of five (5) contiguous acres located in
a Residential District, subject to the following regulations and conditions.
7.2.3
Age Restriction. Any application for a SRC shall indicate,
and ensuing use shall sustain, compliance with G.L. c. 151B, sections
4 and 6. Provided housing shall be individually owned and occupied
by at least one (1) person who is fifty-five (55) years of age, or
older; and no more than one (1) additional occupant who shall be under
fifty-five years of age, unless otherwise qualifying as a handicapped
adult, or as herein further provided. In addition, and only in proven
cases of family emergency, as determined by majority vote of any homeowners'
association management board, no more than two (2) additional persons,
above the number which is specifically herein authorized, who are
under age fifty-five (55) and directly related, shall be allowed to
be an occupant of any dwelling unit for more than six (6) months duration.
Extensions of such minimum time duration may be granted by majority
vote of such board. Occupancy requirements shall be exclusive of nurses
or other persons to provide health care services to any occupant of
said dwelling unit. In the event of the death of the qualifying owner/occupant
of a dwelling unit, or foreclosure or other involuntary transfer of
a dwelling unit in a SRC, a two (2) year exemption shall be allowed
for the transfer of the unit to another eligible household.
7.2.4
Definitions. The proposed dwellings/structures meant
to be provided in this Section commonly are not constructed within
the separate lot framework associated with the definitions of the
terms "Lot," "Lot Area," "Lot Coverage," "Lot Frontage," and "Yard
(front, rear and side)" as listed in Section 10. Such terminology,
as used in this Section is meant only to associate with the definitions
as if the included dwellings/structures were to be provided on separate
lots. LOT shall mean a parcel of land upon which dwelling units are
to be constructed, which need not have legally defined bounds.
7.2.5
General Requirements. A Senior Residential Community
consisting of single-family residences, with appropriate amenities
as described herein, shall be allowed in the RA, RB, CH, CD, and Mixed
Use Special District upon the grant of a special permit issued by
the Planning Board, if the application is in compliance with the following
provisions:
1.
the Subdivision Rules and Regulations adopted by the Planning Board, at time of Preliminary Plan submittal, shall be in force (see Chapter 344, Subdivision of Land), except as herein otherwise provided; and
2.
the site is reasonably protected from excessive noise,
traffic, air pollution and other harmful physical influences; and
3.
the proposed use shall be served by municipal water
and sewer services unless the Planning Board, with advice from the
Ashland Board of Health and/or the Department of Public Works, deems
that alternative services shall meet the long term needs of such proposed
use and the Town of Ashland; and
6.
the site, when utilized for the purposes of this Section
and combined with any other use or uses allowed in the underlying
zoning district, is of sufficient size, shape, topography and location
to be capable of accommodating such multiple uses, as determined by
the Planning Board; and
7.
the special permit applicant for a SRC shall be the
owner of any parcel(s) proposed for such development or an applicant
showing proof in writing by the owner of such parcel(s) to be authorized
to apply for and be issued such special permit, and shall establish
to the satisfaction to the Planning Board that the applicant has the
knowledge, experience and financial resources sufficient to construct
and complete the development.
7.2.6
Site Requirements. For the purposes of this Section
the following site requirements shall be met:
1.
Parcel Area/Frontage Requirements - minimum parcel
area and minimum parcel frontage requirements shall coincide with
that of the zoning district.
a.
the land under construction shall be located on one
(1) or more contiguous parcels, whether or not separated by a public
or private way, with definite boundaries ascertainable from a recorded
deed or recorded plan.
2.
each dwelling unit lot area shall have no more land than ten (10) percent which is underwater land, or is qualified as a wetland resource as defined in G.L. c. 131, s. 40, or in the Wetlands Protection By-Law, Chapter 280 of the Ashland Code, and contains no slopes greater than twenty-five (25) percent, singularly or combined;
3.
larger lot sizes may be required, as determined by
the Planning Board with advice from the Board of Health, where municipal
sewerage is not available, and considering soil conditions, water
table and slope conditions;
4.
Open Space. All remaining land in the development
not contained in single/attached dwelling lots, or within rights-of-way
and municipal easements, shall be held in common use of the residents
of the development and, in some circumstances, of the Town, as open
space, as determined by the Planning Board, and shall meet the following
requirements:
a.
all such open space parcels, together, shall equal
not less than thirty (30) percent of the total parcel area and shall
serve passive recreational purposes.
b.
wetlands, as determined by the Conservation Commission,
shall not qualify as open space, except to the extent that such wetlands
are situated in the development perimeter buffering area;
c.
the open space areas shall maximize the value of wildlife
habitat, shall be contiguous, have not less than twenty (20) feet
of handicapped accessible frontage on each right-of-way and internal
drive, of the development and shall be configured to preserve large
blocks of undisturbed land;
d.
landscape plantings shall not be permitted, except
in areas where re-vegetation may be necessary to increase buffering/screening,
as determined by the Planning Board; and,
e.
desirable qualities of open space reservations are
continuity of open space within the development and into existing
or potential adjoining developments, protection of watercourses, wetlands
and other ecologically sensitive areas, configuration reflecting land
forms and existing vegetative patterns and handicapped accessibility
from at least fifty (50) percent of the abutting dwelling lots.
7.2.7
Building and Dwelling Unit Requirements.
1.
Number of Dwelling Units Permitted. Written computation
shall be provided to the Planning Board, at the time of application
submittal, based on a maximum average of five (5) dwelling units per
acre of such land dedicated to dwelling unit building lots, with the
maximum number of bedrooms in each dwelling unit limited to two (2):
the method of distribution of allowable dwelling units per acre shall
determine the total number of allowable dwelling units;
2.
Dwellings may be provided as detached single units,
or attached in groups of two (2), with such attachments located side-by-side.
Each dwelling unit shall include garaged parking for two (2) vehicles,
positioned in line, front to back or as site conditions allow side
by side as determined by the Planning Board; and one (1) exterior
paved parking space.
3.
Maximum Building Height (including accessory buildings):
One (1) story, except two (2) story structures may be permitted as
an incentive for providing smaller building footprints for dwellings;
provided that only a second bedroom with adjoining bath and closet(s)
may be provided at such second story level to the extent that the
dwelling footprint, as well as the second floor area does not increase
beyond that of the first floor.
All areas under the roof may provide appropriate
second floor living area and mezzanine/lofts as regulated by the State
Building Code.
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4.
One (1) Bedroom Limitation: no more than twenty (20)
percent of the maximum number of allowable dwelling units shall have
less than two (2) bedrooms.
5.
The positioning of buildings shall be staggered a
minimum of ten (10) feet along each right-of-way, preferably in a
non-regular pattern, while maintaining setback requirements. Such
positioning shall be depicted on Definitive Plans.
7.2.8
Allowable Accessory Buildings, Structures and Preferred
Amenities.
1.
Individual Dwelling Lots may have attached garages,
and other customary accessory structures except storage-type sheds
shall be allowed, as determined by the Inspector of Buildings after
Definitive Plan approval, if keeping within dwelling lot coverage
and floor area ratio limitations. Such accessory arrangements shall
be depicted on the Definitive Plan if contemplated prior to Definitive
Plan approval.
2.
Open Space may have clubhouse(s), swimming pool(s),
tennis court(s), cabana(s), storage and maintenance structures and
other accessory structures shall be allowed, as determined by the
Inspector of Buildings after Definitive Plan approval, if in keeping
within development parcel coverage and floor area ratio limitations.
Such accessory arrangements shall be depicted on the Definitive Plan
if contemplated prior to Definitive Plan approval.
3.
Preferred Amenities. The creation of outdoor areas
which may include, but are not limited to, sitting areas with tables,
gazebo(s), trellises, paved and level walking paths, planters and
individual/community garden space(s).
7.2.9
Building Design Criteria. All buildings and structures
shall be designed, located and constructed to afford the following:
1.
compatibility of architectural styles, scales, building
materials and colors within the development;
2.
variations in facade, roof lines and interior layouts
of dwelling units;
3.
harmonious relationship of buildings and structures
to each other with adequate light, air, circulation, privacy and separation;
4.
the capability for constant surveillance, orientation
and recognition; to this end, and in lieu of providing conventional
streetlighting, individual building lot front yards and other areas
along roadways not fronting building lots and approaches to common-use
buildings and structures, shall be provided with architecturally compatible
street-level-type lamp post lighting necessary to provide safety,
security and visual indications, as determined by the Planning Board.
7.2.10
Additional Physical Requirements.
1.
Setbacks. Single/attached dwelling units - front yards
shall be twenty (20) feet minimum, rear yards shall be thirty (30)
feet minimum and side yard separation of abutting dwellings/structures
shall be twenty (20) feet minimum.
2.
Development Parcel Lot Coverage (density) - twenty-five
(25) % maximum.
3.
Dwelling Lot Coverage (density) - twenty-five (25)
% maximum.
4.
Floor Area Ratio - 0.5 maximum.
5.
Distance between common use buildings/structures -
thirty (30) feet.
6.
Additional Parking Provisions - in addition to individual
dwelling unit parking requirements addressed, supra, within the development,
separated and screened from the majority of dwelling units, there
shall be provided an additional paved and lined parking area, equivalent
to twenty (20) % of that which is provided for dwelling units, for
the longer-term parking and storage of recreation-type vehicles, not
used on a daily basis; such area may additionally serve to accommodate
overflow guest parking and may be located within any qualifying open
space along the perimeter of the development.
7.
The right-of-way network shall be so designed and
constructed as not to allow vehicular traffic throughout the development
from neighboring parcels or streets. Road signs shall be posted to
indicate "NOT A THRU STREET," or other appropriate wording, to temper
unnecessary intrusion of off-site traffic.
8.
Paved sidewalks shall be located and constructed to
the bounds of the development from interior roadways to provide pedestrian
access to neighboring streets and abutting parcels, if practical,
as determined by the Planning Board.
9.
Along the perimeter of the development parcel, for
a depth of thirty (30) feet minimum, landscape greenery or other buffering/screening
method(s), in place at the time of development, which can serve to
obstruct the view of adjacent land use properties from one another,
shall remain undisturbed; except for underbrush clearing and general
maintenance. If such existing buffering/screening is deemed insufficient
it shall be supplemented, as determined by the Planning Board.
10.
Rights-of-way, driveways and sidewalks within the
development shall meet such width, grades, radius of curvature and
construction standards as required by the Planning Board Subdivision
Rules and Regulations, except for the purposes of this development,
the rights-of-way shall be classified as lanes, with the added requirement
of a paved sidewalk on one (1) side.
7.2.11
Special Requirements. All improvements to the
development parcel, including rights-of-ways and dwelling unit/common
area utility services, except as agreed to by the Town of Ashland
when considering access for municipal emergency response vehicles,
shall be considered private. During construction and after completion
of the development, the developer, as well as owners of dwelling units
and/or building lots, shall be responsible for the maintenance of
dwelling unit/common area driveways and walkways, parking area(s)
and all snow plowing, landscape maintenance, trash removal and maintenance
and repair of other common elements and facilities serving the residents.
The Town of Ashland shall not be responsible, therefore, unless so
agreed. Implementation of the above shall be documented in the following
manner: open space and such other facilities as may be held in common,
shall be conveyed to a corporation or trust comprising a homeowners'
association whose membership includes the owners of all lots or dwelling
units contained in the development. The developer shall include in
the deed to owners of individual lots beneficial rights in said open
space and shall grant a conservation restriction to the Town of Ashland
over such land pursuant to G.L. c. 184, ss. 31 through 33, to ensure
that such land is kept in an open or natural state, except as authorized,
supra. This restriction shall be enforceable by the Town through its
Conservation Commission in any proceeding authorized by G.L. c. 184,
s. 33. In addition, the developer shall be responsible for the maintenance
of all improvements to the land until such time as the homeowners'
association is capable of assuming such responsibility, and/or the
Town has accepted responsibility for rights-of-ways and any assigned
easements. In order to assure that the association will properly maintain
the land deeded to it under this section, the developer shall cause
to be recorded at the Middlesex County Registry of Deeds, or other
cognizant authority, a Declaration of Covenants and Restrictions that
shall, at a minimum, provide the following:
1.
Mandatory membership in an established homeowners'
association as a requirement for ownership of any lot in the development.
2.
Provision for maintenance assessments of all lots
in order to ensure that the developed and open space land is maintained
in a condition suitable for uses approved by the homeowners' association.
Failure to pay such assessment shall create a lien on the property
assessed, enforceable by either the homeowners' association or other
owner of any lot.
3.
Provisions, which so far as possible under the existing
law, will ensure that the restrictions placed on the use of the developed
and open space land will not terminate by operation of law or, that
in the case of termination, that mandatory renewal of all restrictions
shall occur automatically.
7.2.12
Decision. The Planning Board may impose additional
conditions not inconsistent with this or other sections of the Zoning
By-law.
7.3
CLUSTER DEVELOPMENT
7.3.1
Purpose. The purpose of cluster development is to:
1.
allow more intensive screened use of separately owned
lots by a building and its accessory structures together with preservation
of common open space for scenic, agricultural, recreation, and conservation
purposes, otherwise not provided by conventional subdivision plans;
2.
preserve more greenery and woodlands through less
disturbance, temperance of the appearance of suburban sprawl associated
with conventional subdivision development; and
3.
promote less costly development and maintenance outlay.
7.3.2
Administration. The Planning Board may by special
permit grant approval for the construction and occupancy of a cluster
development, supplemented by appropriate amenities as agreed to by
the owner, on a parcel of land in excess of five (5) contiguous acres
located in a Residential Districts. Such cluster development shall
also require approval under the Subdivision Rules and Regulations
of the Planning Board.
7.3.3
Application Procedure. To promote better communication
and avoid misunderstanding, applicants are encouraged to submit preliminary
proposals and plans for informal review prior to formal application.
The following submission is required.
1.
Applicants for a cluster development shall submit
to the Planning Board six (6) copies of a completed application and
ten (10) copies of a plan meeting the specifications for a preliminary
plan as established by the Subdivision Regulations adopted by the
Ashland Planning Board. Said plan shall also indicate proposed building
uses, building locations and development schedule and shall have been
prepared by a landscape or registered architect, or civil engineer.
Submitted application materials shall also indicate the applicant's
legal interest in the land to be developed, the form of organization
to be proposed to own and maintain the common land, the substance
of covenants and grants of easements to be imposed upon the use of
land and structures and the development schedule.
2.
At least four (4) copies of a site analysis shall
be submitted, consisting of one (1) transparent copy of the above
plan, and a series of site analysis drawings at the same scale, each
on a separate sheet, indicating analysis of hydrologic systems, vegetation
cover, slope and land form, soils and geology and such other characteristics
as required by the rules and regulations of the Planning Board.
3.
Review and decision. Forthwith upon receipt of the
application and required plans, the Planning Board shall transmit
one (1) copy each to the Board of Health and Conservation Commission.
The Board of Health and Conservation Commission shall submit written
reports to the Planning Board within thirty-five (35) days of the
referral, and the Planning Board shall make no decisions upon the
application until receipt of all such reports or until thirty-five
(35) days have elapsed since date of referral without such reports.
4.
Under this section, the Planning Board shall give
consideration to the reports of the Board of Health and Conservation
Commission and to the degree to which the proposed development conforms
to the intent of the cluster development.
7.3.4
Requirements. A cluster development must conform to
the following:
1.
An applicant for cluster development consideration,
in determining the limit on the number of dwelling units which can
be built on a specific tract, must determine the number of lots by
the two methods listed below. The numbers of lots shall be determined
based on whatever method depicts the least amount of lots.
2.
The total number of dwelling units shall not exceed
the number for which the tract could have been developed (conventional
lots), but for the provisions of this section. The applicant shall
present calculations and a scaled drawing depicting a conventional
development, for review and concurrence by the Planning Board.
3.
The total number of dwelling units shall not exceed
that allowed by the following formula concurred with by the Planning
Board:
[Amended 5-5-2010 ATM, Art. 16]
USABLE ACRES/MINIMUM LOT AREA = NUMBER OF CONDENSED SIZE LOTS
WHERE USABLE ACRES = [TOTAL TRACT ACRES]-[20% EXCLUSION OF TRACT ACRES
(streets, walks, easements, etc.)]-[50% TRACT ACRES FOR OPEN SPACE]
|
No structure shall be built or used in a cluster development except in compliance with the use regulations of Section 3.1 [Principal Uses] and with the following dimensional regulations.
|
Minimum Yards
(feet)
| |||||
---|---|---|---|---|---|
District
|
Minimum Lot Area
(square feet)
|
Frontage
|
Front
|
Side
|
Rear
|
RA
|
15,000
|
75
|
20
|
10
|
30
|
RB
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
RM
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
4.
Side and rear yard requirements shall apply only where
the lot in the cluster development abuts non-cluster adjacent property,
elsewhere side and rear yard requirements may be waived by the Planning
Board.
5.
Larger lot sizes may be required, as determined by
the Planning Board with advisory by the Board of Health, where public
sewerage is not available, and considering soil conditions, water
table and slope conditions.
6.
No lot shall have more than ten percent (10%) of its
minimum lot area made up of wetlands and slopes greater than twenty-five
percent (25%) in grade, singularly or combined.
7.
Only single-family dwellings shall be allowed in cluster developments unless provisions of Subsection 7.3.7 are followed.
8.
Buildings shall be oriented with respect to scenic
vistas, natural landscape features, topography and natural drainage
areas in accordance with criteria for site plan review of this 9.4.
9.
New dwellings shall be grouped so that fields, pastures,
woodlands, and road frontage remain as undeveloped as possible. To
serve the purposes of this requirement, subdivision definitive plans
shall depict the approximate location line of undisturbed woodlands
and other greenery associated with separate building lots.
7.3.5
Open Space. All remaining land in the cluster development
not contained in building lots or within road rights-of-way shall
be held for common use of the residents of the development and, in
some circumstances, of the Town as open space and shall meet the following
requirements:
1.
All such open space parcels, together, shall equal
not less than fifty percent (50%) of the overall tract area of the
cluster development and shall have building coverage of not more than
five percent (5%).
2.
Each parcel of such open space or group of adjoining
parcels shall be at least two (2) acres in area, have not less than
twenty (20) feet frontage on a street and be of such shape and condition
as to be useful for recreation or conservation purposes. No more than
fifty percent (50%) of all common open space shall consist of wetlands
and slopes greater than twenty-five percent (25%) in grade.
3.
At least fifty percent (50%) of all lots in a cluster
development having reduced lot area shall abut such open space parcels,
and no lot having reduced lot area shall be more than eight hundred
(800) feet via streets from such parcels, which may be waived by the
Planning Board.
4.
Desirable qualities of open space reservations are
continuity of open space within the development and into existing
or potential adjoining developments, protection of watercourses, wetlands,
and other ecologically sensitive areas, configuration reflecting land
forms and existing vegetative patterns and inclusion of open space
to lots of reduced size.
7.3.6
Open Space Conveyance. Open space 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 agricultural or public
recreational use should be conveyed to the Town, or a trust, or nonprofit
organization; whereas land that will be principally used by the residents
of the cluster development should be conveyed to a homeowners' association.
1.
To a corporation or trust comprising a homeowners'
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 space and
shall grant a conservation restriction to the Town of Ashland over
such land pursuant to G.L. c. 184, ss. 31 through 33, to ensure that
such land is kept in an open or natural state and is not built upon
for residential use or developed for accessory uses such as parking,
streets or driveways. This restriction shall be enforceable by the
Town through its Conservation Commission in any proceeding authorized
by G.L. c. 184, s. 33. 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 homeowners' association is
capable of assuming said responsibility.
2.
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 Middlesex County Registry of Deeds a Declaration
of Covenants and Restrictions that shall, at a minimum, provide for
the following:
a.
Mandatory membership in an established homeowners'
association as a requirement for ownership of any lot in the tract.
b.
Provision for maintenance assessments of all lots
in order to ensure that the open land is maintained in a condition
suitable for uses approved by the homeowners' association. Failure
to pay such assessment shall create a lien on the property assessed,
enforceable by either the homeowners' association or the owner of
any lot.
c.
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 or, that in the case of
termination, that mandatory renewal of all restrictions shall occur
automatically.
3.
To the Town for a park or open space use, subject
to the approval of the Select Board, with a deed restriction ensuring
that it is maintained as open space.
[Amended 11-20-2019 STM, Art. 14]
4.
To a trust or nonprofit organization for natural resources
land or open land not suitable for public use. In the case of land
that is to be maintained as active agricultural land, the land must
be conveyed to a trust or nonprofit organization whose primary purpose
is the preservation of farmland.
5.
Subject to the above, the open space may be used for
agricultural, conservation or recreational purposes including golf
courses, riding trails, tennis courts, gardens, swimming pools and
temporary structures. The Planning Board may permit open land of a
homeowners' association to be used for individual septic systems or
for communal septic systems if it and the Board of Health are convinced
that proper legal safeguards exist for proper management of an association-owned
system.
6.
Prior to development or sale of any lot within a cluster
development, all lots to be so developed shall be shown on a plan
recorded in the Registry of Deeds or registered with the Land Court,
and a covenant or other instrument satisfactory to the Planning Board
shall have been executed assuring the open space or recreational use
of lands so designated in the application.
7.
The cluster development shall be so designed that
internal access, drainage, utilities and grading shall be functionally
equivalent to that required for conventional lots in the Planning
Board's adopted Subdivision Regulations or other rules and regulations,
if applicable.
7.3.7
Development Incentive for Affordable Housing.
1.
An applicant may apply to increase the number of dwelling
units up to a maximum of twenty-five percent (25%) of the units otherwise
permitted on the tract under this section, provided that a minimum
of ten percent (10%) of all units in the tract are affordable. In
all cases affordable units shall be mingled with market-rate housing
units.
2.
The applicant for the development incentive shall
document the affordable units' sales prices and how that affordability
will be guaranteed over time. For the purposes of this section, the
affordability criteria and standards for affordability guarantees
of the Ashland Affordable Housing Committee shall be used. In the
absence of such criteria, the criteria and standards of the Massachusetts
Home Ownership Program shall be used. In cases involving the sale
of units to the Ashland Housing Authority, the Commonwealth of Massachusetts
Executive Office of Communities and Development's standards and regulations
governing such sales shall apply.
3.
The Planning Board shall have the discretion to allow
the use of attached dwelling units in a project developed under this
section. No more than two (2) dwelling units per structure shall be
allowed. Attached dwelling units shall be allowed upon meeting the
following conditions:
4.
The Planning Board may require as a condition of this
section that, in lieu of all or some of the affordable units being
provided within the development, the developer shall:
a.
Provide all or some of the required affordable units
on a site different from the development, and provided that in all
cases it is reasonably mixed with market-rate housing; or
b.
Provide all or some of the required affordable housing
through an alternative means other than those already listed in this
subsection.
5.
In the case of a development of five (5) or fewer
dwelling units or a development sponsored and operated by a nonprofit
or charitable organization, the Planning Board may, at its discretion,
modify the requirements of this section to avoid economic hardships.
7.3.8
Further Requirements.
1.
Only residential, agricultural, recreational or conservation
uses shall be permitted within a cluster development.
2.
Subsequent to definitive plan endorsement, the Planning
Board may permit relocation of lot lines within the cluster development.
However, any change in overall density, street layout or open space
layout will require further public hearings.
3.
All streets within the development shall conform to
current Planning Board Subdivision Regulations' construction standards
and shall provide access in and to the project, as required by said
regulations.
7.4
ASSISTED ELDERLY FACILITIES
7.4.1
Purpose. The purpose of this section is to:
1.
promote the availability of elderly assisted living
services in the Town of Ashland;
2.
provide for the elderly and/or adult disabled persons;
and
3.
encourage residential settings that promote the dignity,
individuality, privacy and decision making ability of such persons.
Residential units providing such services shall not be considered
to be multifamily or apartment units.
7.4.2
Administration. Elderly Assisted Living Residences
shall be permitted in the RA, RB, CH, CD and in the Mixed Use Special
District. An Elderly Assisted Living Residence shall be authorized
by special permit from the Planning Board, hereunder, if application
is in compliance with the following provisions:
1.
the proposed use will not produce adverse effects
on the use or development of the neighboring area because of noise,
traffic and type of physical activity;
2.
the site has reasonable access to transportation,
medical services, shopping areas, recreational and other community
services frequently desired by the elderly;
3.
the site is reasonably protected from excessive noise,
air pollution and other harmful physical influences;
4.
the proposed use shall be served by municipal water
and sewer services unless the Planning Board, with advice from the
Ashland Board of Health and/or the Department of Public Works, deems
that alternative on-site services shall meet the long term needs of
such proposed use and the Town of Ashland;
6.
the site, when utilized for the purposes of this Section
and combined with any other use or uses allowed in the underlying
zoning district, is of sufficient size, shape, topography and location
as determined by the Planning Board to be capable of accommodating
such multiple uses.
7.4.3
Types of Residences.
1.
Congregate Living Residences (CONR). An elderly assisted
living residence that provides, in accordance with individualized
service plans, a non-institutional, shared residential environment,
that integrates shelter and service needs of qualified residents and
residential partners. Each resident or residential partnership shall
live independently. Residents are ordinarily ambulatory, without need
of medical attention or supervision as would be provided by nursing
care facilities. Within a CONR, each resident or residential partnership
shall be provided a private bedroom and bathroom, a minimal kitchen
facility, and shall share living rooms/lounges, common use kitchens
and dining facilities customarily provided for other CONR residents.
2.
Continuing Care Residential Community (CCRC). A combination
of elderly assisted living residences developed in a campus-like residential
grouping that provides accommodations/care by provision of Independent
Living Residences (ILRS) and Congregate Living Residences (CONRs).
3.
Independent Living Residence (ILR). An elderly assisted
living residence that provides separate residential accommodations.
Such ILR shall be single unit detached or attached housing or apartments
providing full living accommodations. Residents and/or resident partners,
with prior arrangement, shall be offered participation in sharing
use of other on-site ancillary services including, but not limited
to, personal care services, recreational facilities and common dining
facilities.
7.4.4
Dimensional Requirements. The following requirements
shall be met:
1.
Minimum lot area and minimum frontage shall coincide
with that of the zoning district in addition to satisfying the special
requirements set forth in this Section.
2.
Setbacks. Front and rear yards shall be fifty (50)
feet minimum. Minimum side yard setbacks from abutting residential
use properties shall be fifty (50) feet for proposed buildings meeting
maximum height requirements of five (5) stories, subject to compliance
with the State Building Code.
[Amended 5-6-2009 ATM, Art. 27]
3.
Building Considerations. Lot coverage (density) -
twenty-five (25) % maximum. Floor area ratio - 0.5 maximum. Building
height - the underlying zoning district will dictate allowed building
height except in the CH, CD, and in the Mixed Used Special District
where buildings having a primary use as specified in this section
can have a height up to the greater of five (5) stories or the applicable
height regulation, subject to compliance with the State Building Code
if deemed by the Planning Board to be consistent with the character
of the surrounding neighborhood in terms of scale and architecture
and/or to promote minimization of long corridors in maintaining the
appearance of residential rather than institutional use.
[Amended 5-6-2009 ATM, Art. 27]
4.
Distance between proposed service buildings - twenty
(20) feet minimum.
5.
Buffering/Screening - Within a distance of thirty
(30) feet, minimum, of side and rear yard boundaries and ten (10)
feet of a front yard boundary, in place landscape greenery or other
screening method(s) existing at time of development and which can
serve to obstruct the view of adjacent land use properties from one
another, shall remain undisturbed, except for underbrush clearing
and general maintenance. If such existing buffering/screening is deemed
insufficient it shall be supplemented, as determined by the Planning
Board. Remaining non-buffered yard areas shall stay unoccupied, except
to support limited parking needs, recreational ancillary use, and
landscaped to provide for pedestrian/ handicapped and emergency vehicle
access.
7.4.5
Parking Requirements. The following off-street parking
requirements shall be in force:
1.
Congregate Living Residences, and, as applicable,
Independent Living Residences;
a.
one-half (0.5) off-street resident/visitor parking
spaces for each bed or bedroom unit, minimum.
b.
off-street loading area - one (1) space for each thirty
thousand (30,000) square feet of gross floor area, or a fraction thereof.
No off-street parking area shall be considered as an off-street loading
area.
c.
off-street employee (staff) parking space needs shall
be determined by the total proposed employee count divided by the
number of work shifts/periods plus eight (8) spaces. The resulting
number shall be increased by the number of facility vehicles required
to serve the facility and resident needs. Such total parking space
needs shall be segregated from residential and visitor parking and
so designated by signs.
d.
Development incentive - Notwithstanding the provision
stated at subsection c., above, as an alternative thereto, an applicant
for a development incentive to allow building height to exceed thirty
(30) feet maximum shall include provisions to provide ground level
and/or underground level parking facilities contained within each
building foundation. Total building height may exceed allowable maximum
of the equivalent that such contained parking is provided [number
of stories, not exceeding two [2]). The total effect shall result
in additional open space yard areas abutting each such building; utilized
to support additional resident recreational ancillary use. The floor
area of any underground parking facility need not be included to determine
compliance with floor area ratio requirements.
4.
Reduction of parking space requirements may be authorized
by the Planning Board based upon presentation of substantiated statistical
data.
7.4.6
Ancillary Uses. Elderly assisted living residence
providers may furnish ancillary uses within a residential building
or congregated in a separate structure, or both as approved by the
Planning Board. Any commercial sales/service enterprises, as may be
desirable for the convenience of those served, may include, but are
not limited to barbers/hairdressers, retail sales, restaurants, snack
bars, gift shops, laundry services, banking, financial services, businesses
and professional offices and non-resident elderly day care, subject
to the following conditions:
1.
Ancillary uses shall be made available for use and
convenience of the residents, guests and staff of an elderly assisted
living unit residence or combination of residences. Any use provided
for off-site patrons shall maintain traffic patterns and sufficient
off-street parking, segregated from areas and access which are provided
for resident, visitor and staff use; and shall not impact the functioning
of the principal use, as determined by the Planning Board.
2.
Ancillary uses shall not exceed twenty (20%) percent
of the gross floor area allocated for residential use unless approved
by the Planning Board.
3.
Capacity of any restaurant/snack bar shall not exceed
sixty (60) seats unless approved by the Planning Board.
4.
Ancillary uses located within a residential structure
shall have no exterior advertising display except for signs approved
by the Planning Board, with advice from the Inspector of Buildings.
5.
No on-site public retail or professional services
shall be permitted as primary or ancillary uses within a RA or RB
zoning district.
7.4.7
Decision. The Planning Board may impose additional
conditions not inconsistent with this or other sections of the Zoning
By-Law.
7.5
MULTIFAMILY DWELLINGS
7.5.1
Administration. The Board of Appeals may grant a special
permit for the construction and occupancy of multifamily dwellings
on any parcel in excess of five (5) contiguous acres in the RM District
subject to the following regulations and conditions.
7.5.2
Application. Applicants shall submit to the Board
of Appeals five (5) copies of the following:
1.
An application.
2.
A site plan prepared by a registered architect, landscape
architect and civil engineer, showing existing and proposed topography,
proposed structures, drives, parking, landscaping and screening, utilities,
drainage and reserved open space, if any.
3.
A ground floor plan, sections and elevations of all
proposed buildings.
4.
Materials indicating the proposed number of dwelling
units, distinguishing units by number of bedrooms and any special
occupancies (elderly or handicapped); form of tenure and subsidies
anticipated; rent or sales prices, including any commitments for price
ceilings; methods of water supply and sewerage disposal; time schedule
for construction of units and improvements; service improvements proposed
at the developer's and those anticipated at the town's expense; and
means, if any, of providing for design control.
7.5.3
Impact Statement. An analysis of the consequences
of the proposed development, shall be submitted, evaluating the following
impacts at a level of detail appropriate to the number of units proposed:
1.
Natural environment: groundwater and surface water
quality, groundwater level, stream flows, erosion and siltation, vegetation
removal (especially unusual species and mature trees) and wildlife
habitats.
2.
Public services: traffic safety and congestion, need
for water or sewer system improvements, need for additional public
recreation facilities and need for additional school facilities.
3.
Social environment: rate of town population growth
and range of available housing choice.
4.
Visual environment: visibility of buildings and parking
and visual consistency with existing development in the area.
5.
In the case of proposals for thirty (30) or more dwelling
units, a site analysis shall also be submitted, consisting of a series
of site analysis drawings at the same scale as the site plan, each
on a separate sheet, indicating analysis of hydrologic systems, vegetative
cover, slope and land form, soils and geology and such other characteristics
as the applicant deems advisable.
7.5.4
Procedure. Forthwith upon receipt of the above materials,
the Board of Appeals shall deliver one (1) set to the Chairman or
designated alternate of the Planning Board, Conservation Commission
and Board of Health for their review and recommendation, which shall
be considered in the Board of Appeal's decision. No decision on a
special permit for multifamily dwellings shall be made within thirty-five
(35) days of the application without receipt of a report from the
Planning Board, Board of Health and Conservation Commission.
7.5.5
Security. Before issuance of a special permit, a performance
bond in the amount determined by the Board of Appeals shall have been
posted in the name of the town assuring construction of access, utilities
and drainage and cleanup following such construction in compliance
with this chapter.
1.
Work covered under the above performance bond shall
be done under notification and inspection rules as established in
the Ashland Planning Board's Subdivision Regulations, and the bond
shall not be released until all work has been inspected and found
to comply with all applicable laws and requirements.
7.5.6
Site Requirements.
1.
The site shall be so designed that accessways, utilities
and drainage serving each structure meet the standards of the Ashland
Planning Board's Subdivision Regulations; visibility of parking areas
for eight (8) or more cars is minimized from public ways or from adjacent
premises: lighting of parking areas avoids glare on adjoining premises;
major topographic changes and removal of existing trees is avoided;
and effective use is made of topography, landscaping and building
placement to protect, to the degree feasible, the character of the
environs.
2.
Multifamily dwellings shall be so designed and located
that egress does not create a hazard on any street or create substantial
increase in traffic on any street other than a principal street.
3.
Multifamily dwellings shall be allowed only if connected
to a municipal sewer system.
7.5.7
Dimensional Requirements. Required lot area, frontage,
setback and yards shall be subject to the following requirements:
1.
Lot area shall equal not less than five thousand (5,000)
square feet per dwelling unit, plus two thousand five hundred (2,500)
square feet per bedroom.
2.
Lot frontage shall equal at least three hundred (300)
feet or one hundred fifty (150) feet if abutting other premises developed
for multifamily use.
3.
Front, side and rear yards shall be not less than
fifty (50) feet, except that no multifamily structure or parking area
serving a multifamily structure shall be less than three hundred (300)
feet from any existing public street or less than two hundred (200)
feet from any other premises not zoned RM.
4.
Within the three-hundred-foot street setback, there
shall be no development, except for access drives essentially perpendicular
to the street, and no removal of trees having trunk diameter of six
(6) inches or greater, except as essential for access and safe visibility
for egressing vehicles and to remove unhealthy trees.
5.
Required yards abutting a public way and required
side and rear yards shall be maintained or landscaped so as to provide
a dense planting of trees and shrubs with an effective height of at
least six (6) feet.
6.
Building height shall not exceed twenty-eight (28)
feet. No building shall exceed two (2) stories in height.
7.5.9
Decision. In considering approval of a special permit,
the Zoning Board of Appeals shall seek an advisory from the Planning
Board or its designated agent on the advisability of reducing lot
area to seventy-five percent (75%) of that otherwise required herein
for any development sponsored by a public agency, nonprofit, limited
dividend organization or cooperative in which forty percent (40%)
or more of the dwelling units are to be subsidized for people of low
or moderate income under programs regulated and financially assisted
by agencies of the government of the United States or of the Commonwealth
of Massachusetts under programs for that purpose. The special permit
shall impose appropriate safeguards to ensure continued use of forty
percent (40%) or more of the family units for subsidized housing.
No special permit shall be issued prior to receipt of such advisory,
unless forty-five (45) days have elapsed from the date of submission
of the request by the Zoning Board of Appeals. Failure to advise within
the time limit shall be deemed a favorable recommendation.
7.5.10
Phasing. Upon authorization of multifamily use
by the Zoning Board of Appeals, the Planning Board shall establish
an annual limit for the number of dwelling units to be authorized,
taking into consideration the town-wide building rate experienced
over the previous two (2) years and anticipated over the next half
dozen years, the needs which the housing will serve, the ability of
the town to provide services in a timely manner and the housing cost
and feasibility consequences of the limitation.
7.6
ACCESSORY FAMILY DWELLING UNIT
7.6.1
Purpose. The intent and the purpose of this section
is to permit accessory dwelling units in single-family residential
districts subject to the standards and procedures here and after set
forth. It is also the intent to assure that the single-family character
of the neighborhood will be maintained and that the accessory unit
remains subordinate to the principal living quarters.
7.6.2
Special Permit. A special permit may be granted for
the conversion of, by attachment via common wall or containment within,
an existing single-family dwelling only or new construction of the
same only to accommodate an additional family living unit in districts
where allowed in the Table of Use Regulations, provided that there
is compliance with all provisions of this section.
7.6.3
Use Limitations. Such additional family living unit
shall be limited to a maximum of four (4) persons, so conditioned,
provided, further, that the owner of record is an occupier of the
structure which includes the accessory family dwelling unit. No boarders
or lodgers shall be allowed in either dwelling unit. There shall be
no other living unit on the lot which such accessory unit is to be
located.
7.6.4
Disposal of Sewage. Adequate provision shall be made
for the disposal of sewage, waste and drainage generated by the occupancy
of such accessory unit in accordance with the requirements of the
Board of Health. Such determination shall be made prior to the application
for a special permit and included with such application.
7.6.5
Ingress; Egress; and Access. Adequate provision, as
determined by the Building Inspector, shall be provided for ingress
and egress to the outside of each unit separately. To the extent possible,
exterior passageways and accessways shall not detract from the single-family
appearance of the dwelling. An interior doorway shall be provided
between each living unit as a means of access for purposes of supervision
and emergency response. All stairways to additional stories shall
be enclosed within the exterior walls of the structure.
7.6.6
Required Finding. The Zoning Board of Appeals shall
determine that such conversion, new construction and occupancy of
each unit shall meet the requirements of this section.
7.6.7
Area Limitation. Such accessory unit shall be limited
to a maximum of twenty-five percent (25%) in floor area of the principal
residence or eight hundred (800) square feet, whichever is greater,
exclusive of any garage, shed or similar structure or other accessory
use attached to the dwelling.
7.6.8
Plans. Floor plans of the accessory unit and principal
residence, with a certified site plan showing the dwelling on the
lot and its relationship to the neighborhood within two hundred (200)
feet of the extremities of the lot, shall be filed with the Building
Inspector, and in addition, five (5) copies of the same shall be submitted
with the application for a special permit.
7.6.9
Parking. Provisions for off-street parking for dwellers
of both units shall be provided in such a fashion as is consistent
with the character of the neighborhood, as determined by the Building
Inspector, after consultation with the Town Planner.
7.6.10
Occupancy Permit. No occupancy of the additional
family dwelling unit shall take place without an occupancy permit
issued by the Building Inspector. The initial occupancy permit shall
remain in force for a period of two (2) years from the date of issue,
provided that there is continued ownership. Thereafter, succeeding
permits may be issued by the Building Inspector for each succeeding
two-year period, provided that the structure and use continue to comply
with the relevant provisions of the State Building Code, this Section
and the special permit. Occupancy permits shall not be transferable
upon new ownership or change in occupancy. An affidavit shall be presented
to the Building Inspector attesting the fact that the circumstance
for which such conditional use was granted will be complied with.
Upon expiration of conditional use, the accessory kitchen unit shall
be dismantled. The owner of record is responsible for initiating each
application to the Building Inspector. Appropriate fees, as established
and recorded, may be assessed for such renewal, review, investigation
and processing.
7.7
SPECIAL PROVISIONS FOR HIGHWAY COMMERCIAL (CH) DISTRICT. In order to encourage mixed use facility within Commercial Districts on arterial roadways, the following special provisions shall apply in the Highway Commercial (CH) District: 1) mixed residential and commercial uses in the same buildings, subject to a Special Permit issued by the Planning Board and Site Plan Review as set forth in Section 9.4. Number of dwelling units permitted shall not exceed a maximum of five (5) units per acre.
8.1
FLOODPLAIN OVERLAY DISTRICT (FPOD)
8.1.1
Purpose. The purpose of the Floodplain Overlay District
(FPOD) is to protect the public health, safety and general welfare;
to protect human life and property from the hazards of periodic flooding;
to preserve the natural flood control characteristics and the flood
storage capacity of the floodplain; and to preserve and maintain the
groundwater table and water recharge areas within the floodplain.
8.1.2
District Delineation. The Floodplain District is herein
established as an overlay district. The Floodplain Overlay District
(FPOD) includes all special flood hazard areas within the Town of
Ashland designated as Zones A and AE on the Middlesex County Flood
Insurance Rate Map (FIRM) issued by the Federal Emergency Management
Agency (FEMA) for the administration of the National Flood Insurance
Program. The map panels of the Middlesex County FIRM that are wholly
or partially within the Town of Ashland are panel numbers 25017C0494F,
25017C0511F, 25017C0512F, 25017C0513F, 25017C0514F, 25017C0518F, 25017C0626F,
25017C0627F and 25017C0631F dated July 7, 2014. The exact boundaries
of the District may be defined by the 100-year base flood elevations
shown on the FIRM and further defined by the Middlesex County Flood
Insurance Study (FIS) report dated July 7, 2014. The FIRM and FIS
report are incorporated herein by reference and are on file at the
Department of Community Development and Health.
[Amended 5-5-2010 ATM, Art. 19; 5-7-2014 ATM,
Art. 22]
1.
The floodway boundaries within the Town Ashland are
delineated on the Middlesex County Flood Insurance Rate Maps and further
defined by the Floodway Data Tables contained in the Flood Insurance
Study, both dated July 7, 2014.
2.
Base Flood Elevation and Floodway Data: a) Floodway
Data. In Zones A and AE, along watercourses that have not had a regulatory
floodway designated, the best available Federal, State, local, or
other floodway data shall be used to prohibit encroachments in floodways
which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge; b) Base Flood Elevation
Data. Base flood elevation data is required for subdivision proposals
or other developments greater than 50 lots or 5 acres, whichever is
the lesser, within unnumbered A zones.
3.
Notification
of Watercourse Alteration. In a ravine situation, the Departments
of Public Works and Community Development and Health shall notify
adjacent communities, the NFIP Coordinator for Massachusetts, and
the NFIP Program Specialist, of any alteration or relocation of a
watercourse.
8.1.3
Use Regulations. The FPOD is established as an overlay
district to all other districts. All development, including structural
and nonstructural activities, whether permitted as a right or by special
permit, must be in compliance with G.L. c. 131, s. 40, and with the
requirements of the Massachusetts State Building Code pertaining to
construction in the floodplains The following uses of low flood damage
potential and causing no obstructions to flood flows shall be permitted,
provided that they do not require structures, fill or storage of materials
or equipment:
1.
Agricultural uses, such as farming, grazing, truck
farming, horticulture, and the like.
2.
Forestry and nursery uses.
3.
Outdoor recreational uses, including fishing, boating,
play areas, and the like.
4.
Conservation of water, plants and wildlife.
5.
Wildlife management areas and foot, bicycle and/or
horse paths.
6.
Temporary nonresidential structures used in connection
with fishing, growing, harvesting, storage or sale of crops raised
on the premises.
7.
Buildings lawfully existing prior to the adoption
of these provisions.
8.1.4
Special Permit. No structure or building shall be
erected, constructed, substantially improved, reconstructed or otherwise
created or moved and no earth or other materials dumped, filled, excavated
or transferred unless a special permit is granted by the Planning
Board. Said Board may issue a special permit hereunder (subject to
other provisions of this chapter) if the application is compliant
with the following provisions:
1.
The proposed use shall comply in all respects to the
provisions of the underlying district in which the land is located.
2.
Within ten (10) days of the receipt of the application,
the Board shall transmit one (1) copy of the development plan to the
Conservation Commission, Board of Health and Building Inspector. Final
action shall not be taken until reports have been received from the
above Boards or until thirty-five (35) days have elapsed.
3.
All encroachments, including fill, new construction
and substantial improvements to existing structures, and other development
are prohibited in the floodway unless certification by a registered
professional engineer is provided by the applicant demonstrating that
such encroachment shall not result in any increase in flood levels
during the occurrence of the one-hundred-year flood.
4.
The Board may specify such additional requirement
and conditions as it finds necessary to protect the health, safety
and welfare of the public and the occupants of the proposed use.
5.
All subdivision
proposals must be designed to assure that:
[Added 5-7-2014 ATM, Art. 22]
8.2
GROUNDWATER PROTECTION OVERLAY DISTRICT (GPOD)
8.2.1
Purpose. The purpose of the Groundwater Protection
Overlay District bylaw is to:
1.
Promote the health, safety, and general welfare of
the community by ensuring an adequate quality and quantity of drinking
water for the residents, institutions, and businesses of the Town
of Ashland;
2.
Preserve and protect existing and potential sources
of drinking water supplies;
3.
Protect, preserve and maintain the existing and potential
groundwater recharge areas within the Town of Ashland;
4.
Conserve the natural resources of the Town of Ashland;
5.
Reduce erosion of topsoil and the subsequent sedimentation
of surface water bodies; and,
6.
Prevent temporary and permanent contamination of the
environment.
8.2.2
Overlay District. The Groundwater Protection Overlay
District is an overlay district superimposed on the zoning districts.
This overlay district shall apply to all new construction, reconstruction,
or expansion of existing buildings and new or expanded uses. Applicable
activities or uses in a portion of one of the underlying zoning districts
which fall within the Groundwater Protection Overlay District must
additionally comply with the requirements of this district. Uses that
are prohibited in the underlying zoning districts shall not be permitted
in the Groundwater Protection Overlay District.
8.2.3
Definitions. Appropriate definitions of terms used
in this section are found in Section 10.
8.2.4
Establishment and Delineation. For the purposes of
this district, there are hereby established within the Town certain
groundwater protection areas, consisting of aquifers or recharge areas
which are delineated on the current Zoning Map and identified as "Ground
Water Protection Overlay District" on file in the office of the Town
Clerk.
[Amended 5-2-2018 ATM,
Art. 22]
8.2.5
District Boundary Disputes. If the location of the
district boundary in relation to a particular parcel is in doubt,
resolution of boundary disputes shall be through a special permit
application to the special permit granting authority (SPGA). Any application
for a special permit for this purpose shall be accompanied by adequate
documentation. The burden of proof shall be upon the owner(s) of the
land in question to show where the bounds should properly be located.
However, the Planning Board retains its authority to determine property
location with regard to said Groundwater Protection Overlay District.
At the request of the owner(s), the Town may engage a professional
engineer (civil or sanitary), hydrologist, geologist, or soil scientist
to determine more accurately the boundaries of the district with respect
to individual parcels of land, and may charge the owner(s) for all
or part of the cost of the investigation.
8.2.6
Permitted Uses. Whenever the requirements of this
section differ from those prescribed in other laws or codes, the stricter
requirements designated to protect water supplies will take precedence.
In the Groundwater Protection Overlay District the following regulations
shall apply:
1.
Conservation of soil, water, plants, and wildlife;
2.
Outdoor recreation, nature study, boating, fishing,
and hunting where otherwise legally permitted;
3.
Foot, bicycle and/or horse paths, and bridges;
4.
Normal operation and maintenance of existing water
bodies and dams, splash boards, and other water control, supply and
conservation devices;
5.
Maintenance, repair, and enlargement of any existing
structure, subject to Section 8.2.7 (prohibited uses) and Section
8.2.8 (special permitted uses) hereunder;
6.
Farming, gardening, nursery, conservation, forestry,
harvesting, and grazing, subject to Section 8.1.7 (prohibited uses)
and Section 8.2.8 (special permitted uses) hereunder;
7.
Necessary public utilities and facilities designed
so as to prevent contamination of surface water and groundwater;
8.
Residential development, subject to Section 8.2.7
(prohibited uses) and Section 8.2.8 (special permitted uses) hereunder;
and
9.
Construction, maintenance, repair, and enlargement
of drinking water supply related facilities such as, but not limited
to, wells, pipelines, aqueducts, and tunnels. Underground storage
tanks related to these activities are not categorically permitted.
8.2.7
Prohibited Uses. The following uses are prohibited:
1.
The disposal of leachable wastes, except residential
subsurface waste disposal systems and normal agricultural operations;
2.
Industrial and commercial uses which discharge process
wastewater on-site;
3.
Use of chemicals for deicing unless deemed necessary
for public safety;
4.
Storage of hazardous materials, as defined in G.L.
Chapter 21E, unless in a free standing container within a building
or above ground with secondary containment adequate to contain a spill
the size of the container's total storage capacity;
5.
Landfills and open dumps as defined in 310 CMR 19.006;
6.
Automobile graveyards and junkyards, as defined in
G.L. Chapter 140B, section 1;
7.
Stockpiling and disposal of snow and ice containing
deicing chemicals if brought in from outside the district;
8.
Storage of deicing chemicals unless such storage,
including the loading areas, is within a structure designed to prevent
the generation and escape of contaminated runoff or leachate;
9.
Treatment works that are subject to 314 CMR 5.00 including
privately owned sewage treatment facilities, except the following:
a.
The replacement or repair of an existing treatment
works that will not result in a design capacity greater than the design
capacity of the existing treatment works;
b.
The replacement of existing subsurface disposal system(s)
with wastewater treatment works that will not result in a design capacity
greater than the design capacity of the existing system(s);
c.
Treatment works approved by the Massachusetts Department
of Environmental Protection designed for the treatment of contaminated
groundwater;
d.
Sewage treatment facilities in those areas with existing
water quality problems when it has been demonstrated to the Department
of Environmental Protection's and the Special Permit Granting Authority's
satisfaction both that these problems are attributable to current
septic problems and that there will be a net improvement in water
quality.
10.
Facilities that generate, treat, store, or dispose
of hazardous waste subject to G.L. Chapter 21C and 310 CMR 30.000,
except the following:
a.
Very small quantity generators as defined under 310
CMR 30.000;
b.
Household hazardous waste centers and events under
310 CMR 30.390;
c.
Waste oil retention facilities required by G.L. Chapter
21, section 52A;
d.
Water remediation treatment works approved by the
DEP for the treatment of contaminated ground or surface waters;
11.
Storage of commercial fertilizers, as defined in G.L.
Chapter 128, section 64, unless such storage is within a structure
designated to prevent the generation and escape of contaminated runoff
or leachate;
12.
Storage of animal manure unless covered or contained
in accordance with the specifications of the U.S. Soil Conservation
Service;
13.
Landfilling of sludge or seepage as defined in 310
CMR 32.05;
14.
Individual sewage disposal systems that are designed
in accordance with 310 CMR 15.00 to receive more than 110 gallons
of sewage per quarter acre under one ownership per day, or 440 gallons
of sewage on any one acre under one ownership per day, whichever is
greater, provided that:
a.
The replacement or repair of a system, which will
not result in an increase in design capacity over the original design
capacity of 310 CMR 15.00, whichever is greater, shall be exempted;
b.
In cluster subdivisions the total sewage flow allowed
shall be calculated based on the number of percable lots in the entire
parcel;
15.
Storage of liquid petroleum products, except the following:
a.
Normal household use, outdoor maintenance, and heating
of a structure;
b.
Waste oil retention facilities required by statute,
rule, or regulation;
c.
Emergency generators required by statute, rule, or
regulation;
d.
Treatment works approved under 314 CMR 5.00 for treatment
of ground or surface waters; provided that such storage, listed in
(9) a. through d. above, is in freestanding containers within buildings
or above ground with secondary containment adequate to contain a spill
the size of the container's total storage capacity;
16.
Storage of sludge and septage, unless such storage
is in compliance with 310 CMR 32.30 and 310 CMR 32.31;
17.
Earth removal, consisting of the removal of soil,
loam, sand, gravel, or any other earth material (including mining
activities) to within six (6) feet of historical high groundwater
as determined from monitoring wells and historical water table fluctuation
data complied by the U.S. Geological Survey, except excavations for
building foundations, roads or utility works;
18.
The use of septic system cleaners which contain toxic
or hazardous chemicals.
8.2.8
Uses and Activities Requiring a Special Permit. The
following uses and activities are permitted only upon the issuance
of a special permit by the SPGA under such conditions as it may require:
1.
Enlargement or alteration of existing uses that do
not conform to the Groundwater Protection District;
2.
The application of fertilizers for non-domestic or
nonagricultural uses. Such applications shall be made in a manner
so as to minimize adverse impacts on ground water due to nutrient
transport, deposition, and sedimentation;
3.
Those activities that involve the handling of toxic
or hazardous materials in quantities greater than those associated
with normal household use, permitted in the underlying zoning [except
as prohibited above]. Such activities shall require a special permit
to prevent contamination of groundwater;
4.
The construction of dams or other water control devices,
ponds, pools or other changes in water bodies or courses, created
for swimming, fishing, or other recreational uses, agricultural uses,
or drainage improvements. Such activities shall not adversely affect
water quality or quantity;
5.
Any use that will render impervious more than 15%
or 2,500 square feet of any lot, whichever is greater. A system for
groundwater recharge must be provided which does not degrade groundwater
quality. For nonresidential uses, recharge shall be by stormwater
infiltration basins or similar system covered with natural vegetation,
and dry wells shall be used only where other methods are infeasible.
For all nonresidential uses, all such basins and wells shall be preceded
by oil, grease, and sediment traps to facilitate removal of contamination.
Any and all recharge areas shall be permanently maintained in full
working order by the owner.
8.2.9
Application Content. The applicant shall file five
(5) copies of a site plan and attachments. The site plan shall be
drawn at a proper scale as determined by the SPGA and be stamped by
a professional engineer. All additional submittals shall be prepared
by qualified professionals. The site plan and its attachments shall
at a minimum include the following information where pertinent:
1.
A complete list of chemicals, pesticides, herbicides,
fertilizers, fuels, and other potentially hazardous materials to be
used or stored on the premises in quantities greater than those associated
with normal household use;
2.
For those activities using or storing such hazardous
materials, a hazardous materials management plan shall be prepared
and filed with the Hazardous Materials Coordinator, Fire Chief, and
Board of Health. The plan shall include:
a.
Provisions to protect against the discharge of hazardous
materials or wastes to the environment due to spillage, accidental
damage, corrosion, leakage, or vandalism, including spill containment
and cleanup procedures;
b.
Provisions for indoor, secured storage of hazardous
materials and wastes with impervious floor surfaces;
c.
Evidence of compliance with the Regulations of the
Massachusetts Hazardous Waste Management Act 310 CMR 30.00, including
obtaining an EPA identification number from the Massachusetts Department
of Environmental Protection.
3.
Proposed down-gradient location(s) for groundwater
monitoring well(s), should the SPGA deem the activity a potential
groundwater threat.
8.2.10
Procedure for Issuance of Special Permit. The
Special Permit Granting Authority (SPGA) under this bylaw shall be
the Planning Board.
1.
Such special permit shall be granted if the SPGA determines,
in conjunction with the Board of Health, the Conservation Commission
and Town Engineer/Department of Public Works that the intent of this
bylaw, as well as its specific criteria, are met. The SPGA shall not
grant a special permit under this section unless the petitioner's
application materials include, in the SPGA's opinion, sufficiently
detailed, definite, and credible information to support positive findings
in relation to the standards given in this section. The SPGA shall
document the basis for any departures from the recommendations of
the other Ashland boards or agencies in its decision.
2.
The SPGA may adopt regulations to govern design features
of projects. Such regulations shall be consistent with subdivision
regulations adopted by the Town.
3.
Upon receipt of the special permit application, under
MGL C 40A, section 9, the SPGA shall transmit one (1) copy to the
Board of Health, the Conservation Commission and the Town Engineer/Department
of Public Works for their written recommendations. Failure to respond
in writing within twenty-one (21) days of receipt by the agency shall
indicate approval or no desire to comment by said agency. The necessary
number of copies of the application shall be furnished by the applicant.
4.
The SPGA shall hold a hearing, in conformity with
the provision of G.L. c. 40A, Section 9, within 65 days after the
filing of the application. Notice of the public hearing shall be given
by publication and posting and by first-class mailings to "parties
of interest" as defined in G.L. c. 40A, Section 11. The decision of
the SPGA and any extension, modification, or renewal thereof shall
be filed with the SPGA and Ashland Town Clerk within 90 days following
the closing of the public hearing. Failure of the SPGA to act within
90 days shall be deemed as a granting of the permit. However, no work
shall commence until a certification is recorded as required by said
Section 11.
5.
Notwithstanding
the foregoing, where a special permit is required hereunder in connection
with the development of a Priority Development Site (PDS), an application
therefor shall be submitted simultaneously with any other permit application(s)
required by the Code of the Town of Ashland, including these Zoning
By-laws, relating to the use or development of the PDS or the buildings
and/or structures located thereon, and not otherwise exempted by G.L.
c. 43D, and a decision thereon shall be rendered no later than one
hundred eighty (180) days from said date of submittal. Review of an
application made hereunder shall be combined with any other review(s)
required of the Planning Board; where the Board of Appeals is responsible
for said other review(s), all reviews shall occur at joint session(s)
of the Planning Board and the Board of Appeals, when feasible.
[Added 5-5-2010 ATM, Art. 17[2]]
[2]
Editor's Note: This article also provided for the renumbering
of former Subsection 8.2.10.5 as Subsection 8.2.10.6.
6.
The SPGA may grant the required special permit only
upon finding that the proposed use meets the following standards,
those specified herein, and any regulations or guidelines adopted
by the SPGA. The proposed use must:
a.
Be in harmony with the purpose and intent of this
section and will promote the purposes of the Groundwater Protection
District;
b.
Be designed to avoid substantial disturbance of the
soils, topography, drainage, vegetation, and other water-related natural
characteristics of the site to be developed.
c.
Not, during construction or thereafter, have an adverse
environmental impact on any surface water, aquifer or recharge area;
d.
In no way, during construction or thereafter, adversely
affect the existing or potential quality or quantity of water that
is available in the Groundwater Protection District; and,
e.
Be consistent with the existing and probable future
development of surrounding areas.
8.2.11
Permit Fee. A fee in the amount of twenty dollars
($20.) shall be collected by the Town Clerk at the time that an application
for a Special Permit is submitted. In addition, the SPGA may impose
a reasonable fee for the employment of outside consultants pursuant
to the provisions of G.L. Chapter 44, Section 53G.
8.2.12
Permit Withdrawal. Any application for special
permit may be withdrawn without prejudice by the applicant prior to
the publication of the public hearing notice. Once the notice has
been published, a withdrawal without prejudice may be permitted only
with the approval of the SPGA.
8.2.13
Violations. Written notice of any violations
of this Section shall be given by the Building Inspector/Zoning Enforcement
Officer to the responsible person as soon as possible after detection
of a violation or a continuing violation. Notice to the assessed owner
of the property shall be deemed notice to the responsible person.
Such notice shall specify the requirement or restriction violated
and the nature of the violation, and may also identify the actions
necessary to remove or remedy the violations and preventive measures
required for avoiding future violations and a schedule of compliance.
A copy of such notice shall be submitted to the Board of Health, Conservation
Commission, and Town Engineer/Department of Public Works. The cost
of containment, cleanup, or other action of compliance shall be borne
by the owner and operator of the premises. For situations that require
remedial action to prevent adverse impact to the water resources within
the Groundwater Protection District, the Town of Ashland, the Building
Inspector, the Board of Health or any of their agents may order the
owner or the operator of the premises to remedy the violation. If
said owner and/or operator does not comply with said order, the Town
of Ashland, the Building Inspector, the Board of Health, or any of
their agents, if authorized to enter upon such premises under the
terms of the special permit or otherwise, may act to remedy the violation.
The remediation cost shall be the responsibility of the owner and
operator of the premises.
8.3
[3] Photovoltaic Installations Overlay District (PIOD).
[Added 11-19-2013 STM, Art. 18; amended 11-19-2013 STM, Art. 22]
8.3.1
Purpose. The purpose of the Photovoltaic Installations Overlay District
(PIOD) is to promote the creation of new Large-scale Ground-mounted
Solar Photovoltaic Installations in appropriate locations within the
Town of Ashland and to provide 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 provide adequate financial assurance
for the eventual decommissioning of such installations.
8.3.2
Establishment and Applicability. The Photovoltaic Installations Overlay District (PIOD) is an overlay district superimposed over the underlying zoning district(s), as shown on the Zoning Map. The provisions of this Section 8.3 shall apply to the construction, operation and/or repair of Large-scale Ground-mounted Solar Photovoltaic Installations within the PIOD, and to physical modifications that materially alter the type, configuration or size of these installations or related equipment.
8.3.3
As-of-Right Siting. As-of-Right Siting of Large-scale Ground-mounted Solar Photovoltaic Installations is permitted in the Photovoltaic Installations Overlay District (PIOD), except as noted below, subject to Site Plan Review by the Planning Board prior to construction, installation or modification thereof and upon compliance with the procedural and substantive requirements of this Section 8.3.
[Amended 5-7-2014 ATM, Art. 26]
8.3.4
Special
Permit Required. In addition to the requirements set forth in section
8.3.3 above, for portions of the overlay district that lie within
any residential zone, Large-scale Ground-mounted Solar Photovoltaic
Installations shall require a special permit from the Planning Board
in accordance with the criteria set forth in section 9.3.2.
[Added 5-7-2014 ATM, Art. 26[4]]
8.3.5
General Requirements. The
following requirements are common to all solar photovoltaic installations
to be sited in designated locations.
8.3.5.1
Compliance with Laws, Bylaws and Regulations. The construction
and operation of all Large-scale Ground-mounted Solar Photovoltaic
Installations 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 Large-Scale Ground-Mounted
Solar Photovoltaic Installation shall be constructed in accordance
with the State Building Code.
8.3.5.2
Building Permit and Building Inspection. No Large-scale, Ground-mounted Solar Photovoltaic Installation shall be constructed, installed or modified as provided in this Section 8.3 without first obtaining a building permit.
8.3.5.3
Fees. The application for a building permit for a Large-scale
Ground-mounted Solar Photovoltaic Installation must be accompanied
by the fee required for a building permit, in addition to any fees
established by the Planning Board in connection with the required
application for Site Plan Review.
8.3.6
Site Plan Review. Site Plan Review shall be conducted by the Planning Board in accordance with Section 9.4 of this Zoning Bylaw and as follows:
8.3.6.1
General. All plans and maps shall be prepared, stamped
and signed by a Professional Engineer licensed to practice in the
Commonwealth of Massachusetts.
8.3.6.2
Required Documents. Not in lieu of but in addition to the requirements under Section 9.4 of this Zoning Bylaw, a project proponent shall provide the following documents to the Planning Board:
(a)
A site plan showing:
i.
Property lines and physical features, including roads, for the project
site;
ii.
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, screening vegetation or
structures;
iii.
Blueprints or drawings of the Large-scale Ground-mounted Solar
Photovoltaic Installation signed by a Professional Engineer licensed
to practice in the Commonwealth of Massachusetts showing the proposed
layout of the system and any potential shading from nearby structures;
iv.
One or three line electrical diagram detailing the Large-scale
Ground-mounted Solar Photovoltaic Installation, associated components
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and overcurrent devices;
v.
Documentation of the major system components to be used, including
the PV panels, mounting system and inverter;
vi.
Name, address and contact information for the proposed system
installer;
vii.
Name, address, phone number and signature of the project proponent,
as well as all co-proponents or property owners, if any;
viii.
The name, contact information and signature of any agent(s)
representing the project proponent; and
(b)
Documentation of actual or prospective access and control of the
project site, see Section 8.3.6.3, below;
(c)
An operation and maintenance plan, see Section 8.3.6.4, below;
(d)
Zoning district designation for the parcel(s) of land comprising
the project site, via submission of a copy of the Town's Zoning Map
with the parcel(s) identified thereon;
(e)
Proof of liability insurance; and
(f)
Description of financial surety that satisfies Section 8.3.11.3,
below.
The Planning Board may waive documentary requirements as it
deems appropriate.
|
8.3.6.3
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
Large-scale Ground-mounted Solar Photovoltaic Installation.
8.3.6.4
Operation and Maintenance Plan. The project proponent
shall submit a plan for the operation and maintenance of the Large-scale
Ground-mounted Solar Photovoltaic Installation, which shall include
measures for maintaining safe access to the installation, stormwater
controls and general procedures for operational maintenance of the
installation.
8.3.6.5
Utility Notification. Evidence shall be provided
by the project proponent that the utility company operating the electrical
grid where the Large-scale Ground-mounted Solar Photovoltaic Installation
is to be located has been informed of the installation owner or operator's
intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from said requirement.
8.3.7
Dimensional and Density Requirements.
1.
Setbacks. For Large-scale Ground-mounted Solar Photovoltaic Installations,
front, side and rear setbacks shall be as follows:
[Amended 5-7-2014 ATM, Art. 26]
a.
Front yard: the front yard depth shall be at least 10 feet; provided,
however, that where the lot abuts or lies within a residential district,
the front yard shall not be less than 50 feet.
b.
Side yard: each side yard shall have a depth at least 15 feet; provided,
however, that where the lot abuts or lies within a residential district,
the side yard shall not be less than 50 feet.
c.
Rear yard: the rear yard depth shall be at least 25 feet; provided,
however, that where the lot abuts or lies within a residential district,
the rear yard shall not be less than 50 feet.
2.
Appurtenant Structures. All appurtenant structures to Large-scale
Ground-mounted Solar Photovoltaic Installations 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.
8.3.8
Design Standards.
1.
Lighting. Lighting of Large-scale Ground-mounted Solar Photovoltaic
Installations 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 Large-scale Ground-mounted Solar Photovoltaic Installation
shall be directed downward and shall incorporate full cut-off fixtures
to reduce light pollution.
2.
Signage. Signs on Large-scale Ground-mounted Solar Photovoltaic Installations shall comply with Section 5.3 of this Zoning Bylaw. In accordance therewith, all signs shall be required to identify the owner and provide a 24-hour emergency contact phone number. Large-scale Ground-mounted Solar Photovoltaic Installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the installation.
3.
Utility Connections. Reasonable efforts, as determined by the Planning
Board, shall be made to place all utility connections from the Large-scale
Ground-mounted Solar Photovoltaic Installations underground, depending
on appropriate soil conditions, shape and topography of the project
site and any requirements of the utility provider. Electrical transformers
for utility interconnections may be above-ground if required by the
utility provider.
8.3.9
Safety and Environmental Standards.
1.
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 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 Large-scale Ground-mounted 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.
2.
Land Clearing. Clearing of natural vegetation shall be limited to
what is necessary for the construction, operation and maintenance
of the Large-scale Ground-mounted Solar Photovoltaic Installation
or otherwise prescribed by applicable laws, bylaws and regulations.
3.
Landscape
Architectural Plan. For any Large-scale Ground-mounted Solar Photovoltaic
Installation that will be constructed in the Residence A, Residence
B, or Residence Multifamily Zoning Districts, a stamped and signed
landscape architectural plan indicating how the Installation will
be sufficiently buffered from residential neighbors shall be produced.
Such plan shall require a minimum of eight (8) foot tall vegetative
screening from adjacent uses and shall include a maintenance plan
lasting as long as the Photovoltaic Installation is in place, whether
operating or not. Such plan shall be approved by the Planning Board
prior to Installation construction.
[Added 5-7-2014 ATM, Art. 26]
8.3.10
Monitoring and Maintenance.
1.
Condition of the Installation. The Large-scale Ground-mounted Solar
Photovoltaic Installation owner or operator shall maintain the facility
in good condition. Maintenance shall include, but not be limited to,
painting, structural repairs and integration 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.
2.
Modifications. All material modifications to a Large-scale Ground-mounted
Solar Photovoltaic Installation made following site plan approval
by the Planning Board shall require an amendment thereto.
8.3.11
Abandonment or Decommissioning.
8.3.11.1
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 Section 8.3.11.2, below,
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:
a.
Physical removal of all Large-scale Ground-mounted Solar Photovoltaic
Installations, structures, equipment, security barriers and transmission
lines from the site.
b.
Disposal of all solid and hazardous waste in accordance with local,
state and federal waste disposal regulations.
c.
Stabilization or re-vegetation 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.
8.3.11.2
Abandonment. Absent notice of a proposed date
of decommissioning or written notice of extenuating circumstances,
the Large-scale Ground-mounted Solar Photovoltaic Installation shall
be considered abandoned when it falls 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 8.3.11 within 150 days of abandonment or the proposed
date of decommissioning, the Town may enter the property and physically
remove the installation at the expense of the Proponent.
8.3.11.3
Financial Surety. Proponents of Large-scale
Ground-mounted Solar Photovoltaic Installations shall provide a form
of surety, either through an escrow account, bond or otherwise, to
cover the cost of removal of the installation in the event that the
Town must remove it and remediate the landscape. Said surety shall
be in an amount and form determined to be reasonable by the Planning
Board, but in no event shall exceed more than 125 percent of the cost
of removal and compliance with the additional requirements set forth
herein. Such surety will not be required for municipally- or state-owned
installations. 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.
8.4
RAIL TRANSIT DISTRICT (RTD)
8.4.1
Purpose. The Rail Transit District (the "District"
or sometimes hereinafter referred to as a "RTD") use in Ashland, associated
with the MBTA Rail Station and abutting open land, is established
to provide a coordinated, high aesthetic standard for the development
of high technology, research and development, incubator establishments,
offices, all of a non-nuisance-type and have provision for retail
and multi-unit housing and age restricted housing components (rental
and owner occupied). In addition, the purpose of this District is
to promote a neo-traditional transit-oriented private and public development
initiative which departs from the standard low-density, auto-oriented
suburban residential growth of the past. The distinctive principle
for this development's initiative is envisioned to provide:
1.
features and site layouts that are conducive to walking,
biking and transit riding;
2.
pedestrian friendliness, alternative suburban living/working
environments;
3.
a better approach to revitalization and diversification
of lands;
4.
capability for better public safety, economic growth
and public amenities; and
5.
a lesser impact on the capability for providing associated
Town services.
In addition, development shall strive to preserve
the District's natural setting with its wetland, scenic and historic
assets by properly relating improvements to the District's parcels
and surrounding development. Development shall be compatible and complementary
to the proposed coordinated roadway network serving such rail station
and West Union Street. The District shall also encourage originality,
flexibility and innovation in site design and development, specific
to the intended use, including architecture and landscaping.
|
8.4.2
Location. This District designation is to be applied
to the land area parcels described on (Exhibit "A" - Use Plan) annexed
hereto and also referenced on the Zoning Map as a "Rail Transit District."
For the purposes of this Section, when a special permit is required,
the special permit granting authority shall be the Planning Board.[5]
[5]
Editor's Note: Former Section 8.4.3, Definitions, as amended, which immediately followed this section, was deleted 11-19-2013 STM, Art. 22, and the contents moved to Section 10.0, Definitions. Article 22 also renumbered former Sections 8.4.4 through 8.4.16 as Sections 8.4.3 through 8.4.15, respectively.
8.4.3
Area Requirements. The minimum land required for Rail
Transit District (RTD) shall be one hundred fifty (150) acres and
shall be contiguous to a commuter rail passenger station. For the
purpose of this requirement, official streets shall not be deemed
to divide acreage.
8.4.4
Permitted Uses. Within a Rail Transit District (RTD),
the following listed development component-types of light industry,
commercial and residential uses shall be allowed as designated. The
location of each development component-type shall be depicted on the
Use Plan on file with the Town Clerk for the Rail Transit District,
which Use Plan provides for six (6) areas of development (hereinafter,
such areas are referred to as "Area A"; "Area B"; "Area C"; "Area
D"; "Area E"; and "Area F," which designations correspond to the development
areas noted on the aforementioned Use Plan). The permitted uses and
the Area on the Use Plan where such uses shall be permitted are as
follows:
[Amended 5-5-2010 ATM, Art. 15; 5-5-2010 ATM, 23; 11-19-2013 STM, Art. 18]
1.
In addition to those uses listed, any other use compatible with the above uses which meet the standards and criteria set forth in this Section is allowed. Application for determination for an approved use shall include a site development plan with a detailed description of the use, approximate number of employees and residents, and the estimated volume of traffic to be generated, particularly trucks, as well as the criteria set forth in Section 9.4.
Rail Transit Use Table
| |||||||
---|---|---|---|---|---|---|---|
Permitted Light Industry Component Use:
|
Area Per Use Plan:
| ||||||
Use:
|
A
|
B
|
C
|
D
|
E
|
F
| |
(a) Research offices and laboratories, including
testing, provided such testing complies with the performance standards
set forth in this section. This shall include theoretical and applied
research in all the sciences, product development and testing, engineering
development, and marketing development. Uses shall include: biochemical,
chemical, electronics, film and photography, medical and dental, metallurgy,
pharmaceutical and X-ray
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(b) Services associated with permitted light
industrial use.
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(c) Manufacture, research, assembly, testing
and repair of components' devices, equipment and systems and parts
and components including electronic components, communication equipment,
guidance and control equipment, data processing equipment, computer
hardware and/or software and measuring instruments.
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(d) Light manufacturing, processing and/or assembly
of the following or similar products: food products, medical equipment,
apparel, wood working shops, furniture, fabricated metal products,
and stone, clay and glass products, optical devices, photographic
and graphic equipment, and filing and labeling machinery
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(e) Parking in compliance with § 5.1 to service a use permitted in this component.
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(f) Accessory scientific use in compliance with
§ 3.2.4
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(g) Uses and structures (including without limitation,
a sewerage treatment facility) customarily accessory and incidental
to the primary uses.
|
Y(2)
|
Y(2)
|
Y
|
Y
|
Y
|
Y(2)
| |
h. Alternative energy and renewable energy manufacturing facilities
|
N
|
Y
|
N
|
Y
|
Y
|
N
| |
i. Alternative energy and renewable energy research and development
facilities
|
N
|
Y
|
N
|
Y
|
Y
|
N
| |
Permitted Commercial Component Uses
|
A
|
B
|
C
|
D
|
E
|
F
| |
(a) Business or professional offices which are
limited to offices for accountants, attorneys, engineers, architects,
medical and dental offices, and general and corporate offices
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(b) Service industries, such as the repair of
appliances, tooling, printing, blue printing, bookbinding, and food
services
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(c) Wholesale industries, such as distribution
and/or storage or warehousing of products similar to those listed
in this subsection.
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(d) Retail sales and services, except motor
vehicle sales, service stations and motor vehicle body repair/restoration/paint
facilities
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(e) Restaurant
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(f) Catering Service.
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(g) Indoor commercial recreation.
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(h) Financial institutions without drive-up
window.
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(i) Municipal use not elsewhere more specifically
cited.
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
(j) Parking in compliance with § 5.1 to service a use permitted in this component (provided, however, that the Planning Board by Special Permit may permit modifications of the parking requirements on a case by case basis).
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
| |
(k) Accessory scientific use in compliance with
§ 3.2.4.
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(l) Outdoor commercial recreation other than
campgrounds.
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(m) Theaters and cinemas
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(n) Day Care Facilities
|
Y
|
N
|
Y
|
Y
|
Y
|
N
| |
(o) Accessory uses shall be allowed as follows:
| |||||||
(i) Uses and structures (including, without
limitation, a sewerage treatment facility) customarily accessory and
incidental to the primary use.
|
Y(2)
|
Y(2)
|
Y
|
Y
|
Y
|
Y(2)
| |
(ii) Food preparation and eating facilities
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(iii) Day care facilities
|
Y
|
N
|
Y
|
Y
|
Y
|
N
| |
(iv) Recreational facilities
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
| |
Permitted Residential component uses:
|
A
|
B
|
C
|
D
|
E
|
F
| |
(a) Age Restricted, Attached
|
Y
|
N
|
Y
|
Y
|
Y
|
N
| |
(b) Age Restricted, Multifamily
|
Y
|
N
|
Y
|
Y
|
Y
|
N
| |
(c) Age Restricted, Detached
|
Y
|
N
|
Y
|
Y
|
Y
|
N
| |
(d) Dwelling Multifamily, For Rent
|
N
|
N
|
N
|
N
|
Y
|
N
| |
(e) Continuing Care Residential Community (CCRC) or components thereof in conformance with § 7.4
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(f) Rest Home and/or Nursing Homes
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(g) Municipal recreational use.
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(h) Public Housing for the elderly.
|
N
|
N
|
Y
|
Y
|
Y
|
N
| |
(i) Uses and structures (including, without
limitation, a sewerage treatment facility) customarily accessory and
incidental to the primary use.
|
Y(2)
|
Y(2)
|
Y
|
Y
|
Y
|
Y(2)
| |
Permitted Residential Component Uses
|
A
|
B
|
C
|
D
|
E
|
F
| |
(a) Public Parks
|
N
|
Y
|
Y
|
Y
|
Y
|
N
| |
(b) Community Centers and public recreation
buildings.
|
N
|
Y
|
Y
|
Y
|
Y
|
N
| |
(c) Recreation centers and facilities.
|
Y 1
|
Y
|
Y
|
Y
|
Y
|
N
| |
(d) Education uses on land not owned by the
Commonwealth of Massachusetts or any of its agencies, subsidiaries
or bodies politic, by a religious sect or denomination, or by a nonprofit
educational group
|
N
|
Y
|
Y
|
Y
|
Y
|
N
| |
(e) Golf courses and related facilities.
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| |
(f) Tennis clubs, swimming pools, health clubs
and similar facilities, including membership clubs, public or private
|
Y(1)
|
Y
|
Y
|
Y
|
Y1
|
N
| |
(g) Places and buildings for public assembly.
|
Y(1)
|
Y
|
Y
|
Y
|
Y(1)
|
N
| |
(h) Uses and structures (including, without
limitation, a sewerage treatment facility) customarily accessory and
incidental to the primary use.
|
Y(2)
|
Y(2)
|
Y
|
Y
|
Y
|
Y(2)
| |
(1) only as accessory to the principal use
| |||||||
(2) no sewage treatment structures may be located
in such area, but such area may be used for transmittal purposes (i.e.,
underground piping and leaching)
|
8.4.5
Prohibited Uses. Specific prohibited uses in the Rail
Transit District (RTD) shall be:
1.
Truck or trailer sales, with the exception of storing
or garaging company motor vehicles.
2.
Drive-in theaters or race tracks.
3.
Mobile homes.
4.
Junkyards or wrecking yards.
5.
Refining or storage of petroleum.
6.
Stockyards, animal slaughterhouses, or rendering plants.
7.
Metal smelting.
8.
New or used car sales.
9.
Earth recycling facilities, including the processing
of contaminated soils, unless required by law, and the processing
of earth materials to produce asphalt or cement products.
10.
The processing of soils or minerals, including, but
not limited to, mining, importing and stockpiling of such materials.
11.
Single Family Dwelling, Attached (Non Age Restricted,
Attached).
12.
Single Family Dwelling, Detached (Non Age Restricted,
Detached).
13.
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 chapter; or inhibits the comfort, peace, enjoyment, health
or safety of the community or the abutting areas or tends to their
disturbance or annoyance under standards set forth in the performance
criteria in this chapter.
8.4.6
Dimensional Requirements. Notwithstanding any provision
to the contrary contained in the Zoning By-Law and except as otherwise
specified in Section 8.4.14, below, the following dimensional requirements
shall be the sole dimensional restrictions governing a Rail Transit
District (RTD):
1.
Lot Frontage. Minimum development parcel frontage
shall be one hundred and fifty (150) feet.
2.
Lot Area. Individual development component parcels
within the Rail Transit District (RTD) shall require a minimum area
of 30,000 square feet, except such area which is calculated to meet
the requirements of Section 8.4.6.6, below, site area requirements
for Transit Village Community (hereinafter referred to as, a "TVC").
3.
Under Sized Lot Areas. Lots may be established with
less than 30,000 square feet in area under Special Permit conditions
of this chapter if determined by the Planning Board that such lot
meets all other dimensional regulations of this Section.
4.
Building Area. Age Restricted, Attached; Age Restricted.
Detached and Age Restricted Multifamily, Dwelling and Dwelling Multifamily,
For Rent Unit Requirements in a Rail Transit District (RTD). Determined
based upon the total cumulative land area of the applicable Areas
(A, C, D or E) as specified in the formula set forth herein, at a
density of: (i) 10 units per acre for Age Restricted, Attached; Age
Restricted, Detached; and Age Restricted, Multifamily; and (ii) twenty
(20) units per acre for Dwelling Multifamily, For Rent (permitted
in Area E only). Written computation of the foregoing density shall
be provided at the time of the filing of a Site Plan Application with
the Planning Board.
5.
Building Separation. There shall be a minimum of twenty
(20) foot separation between abutting buildings (side to side) in
a Rail Transit District (RTD).
6.
Area Requirements. Minimum area requirements shall
be determined by computation to include total number and distribution
of proposed residential dwelling units and wetland use restrictions.
The following formula shall determine the number of residential dwelling
units permitted per acre in a Rail Transit District:
Allowed Units Per Acre (as provided by this
By-Law) x Usable Acres (as defined below) = Number of Permitted Residential
Dwelling Units
| |
Usable Acres = Total Acres shall mean: (i) for
the Transit Village Community (TVC) the aggregate area in Area A,
Area E and Area F combined; and (ii) the aggregate area in Area B,
Area C and Area D combined, as the case may be.
| |
[- 10% exclusion for Open Space]
| |
[- the lesser of (i) 20% exclusion for Impervious
Surfaces; or (ii) actual Impervious Surfaces)]
| |
[- Wetlands (90% of Wetlands as determined by
Conservation Commission or other applicable authority unless such
Wetlands are situated in the perimeter of the Rail Transit District
area or included as part of design elements in any golf course in
which event the area of such qualifying Wetlands shall not be deducted
or wetland areas which are part of EPA Operable Unit I and Operable
Unit III).]
|
7.
Front Yard. The minimum front yard within any development
component parcel shall be twenty-five (25) feet with parking restricted
to no closer than ten (10) feet from rights-of-ways, except in a Transit
Village Community (TVC) where parking shall be permitted to directly
abut rights-of-ways.
8.
Side Yard. The minimum side yard within any development
component parcel shall be twenty-five (25) feet. Notwithstanding anything
to the contrary contained herein, in no event shall Dwelling Multifamily,
For Rent; Age Restricted Multifamily, Age Restricted, Attached; or
Age Restricted, Detached with a height in excess of two (2) stories
above grade (3 stories at the rear of the building if the slope of
the land permits) be located within 200 feet of the property line
of the residential properties which abut Area F and which are outside
the Rail Transit District (RTD).
9.
Rear Yard. The minimum rear yard within any development
component parcel shall be thirty (30) feet. Notwithstanding anything
to the contrary contained herein in no event shall Dwelling, Multifamily,
For Rent; Age Restricted, Multifamily; Age Restricted, Detached, or
Age Restricted, Attached with a height in excess of two (2) stories
above grade (3 stories at the rear of the building if the slope of
the land permits) be located within 200 feet of the property line
of the residential properties which abut Area F and which are outside
the Rail Transit District (RTD).
10.
Lot Coverage. The maximum development coverage in
a Rail Transit District (RTD) shall not result in aggregate Open Space
being less than 30%. Such lot coverage restriction may be waived if
appropriate and in keeping with reasonable land uses as determined
by the Planning Board when considering Site Plan Review Criteria.
11.
Building/Structure Height. Except as otherwise specifically
provided herein, the maximum height of any Dwelling Multifamily, For
Rent structure) in a Rail Transit District (RTD) shall be three (3)
stories above grade (four stories at the rear of the building if the
slope of the land permits) and the maximum height of any Age Restricted,
Attached, Age Restricted, Detached, and Age Restricted, Multifamily
building and any accessory structure related to such age restricted
dwelling building shall not exceed two (2) stories above grade (three
stories at the rear of the building if the slope of the land permits).
The maximum height of any commercial building permitted in a Rail
Transit District (RTD) shall be thirty (30) feet. The maximum height
may be increased to fifty (50) feet within the Rail Transit District
(RTD) upon the grant of a Special Permit and in accordance with the
State Building Code.
8.4.7
Buffering and Screening. In order to obstruct the
view of adjacent land use parcels outside of the Rail Transit District
(RTD), within a distance of fifty (50) feet, minimum, of side and
rear yard boundaries, in place landscape greenery or other screening
method(s) existing at the time of development shall remain undisturbed
or shall be landscaped in accordance with a plan approved by the Planning
Board. In the event that a golf course is developed in Area A, Area
F and Area E, the open space of the golf course may serve a buffer
space for purposes of this By-Law. Area F (100 feet in width) depicts
a minimum buffer for abutting residential properties which are not
part of a Rail Transit District (RTD). This buffer (Area F) shall
be left in an open and natural state except for landscaping approved
as part of the Site Plan for such development in Area A or any golf
course open space constructed thereon. If such buffering/screening
is deemed insufficient, it may be supplemented as determined by the
Planning Board during the Site Plan Review process. Remaining non-buffeted/screened
yard areas shall remain unoccupied, except to support parking, internal
drives, accessory structure building needs and emergency vehicle access,
as deemed by the Planning Board during the Site Plan Review process.
8.4.9
Performance Standards. The performance standards
set forth in Sections 8.4.10 to 8.4.12 are designed to encourage a
high standard of development by providing assurance that uses within
the Rail Transit District (RTD) shall be compatible with neighboring
land uses in the vicinity, as deemed by the Planning Board.
8.4.10
Nuisance Standards.
1.
Vibration shall not be discernible to any human's
sense of feeling for three (3) minutes in any one (1) hour or producing
an acceleration of more than one tenth (0.1) G.
2.
Heat, glare or electrical disturbance shall not be
discernible beyond the boundaries of the lot.
3.
Smoke shall not be visible beyond a shade darker than
No. 1 on the Ringelmann Smoke Chart.
4.
Air pollution shall not be detectable for any emission
of solid or liquid particles in concentrations exceeding three tenths
(0.3) grains per cubic foot of the conveying gas or air at any point.
5.
Emissions shall not endanger human health, nor cause
damage to animals, vegetation or property, or cause spillage at any
point beyond the boundaries of the lot.
6.
Odor shall not be detectable by the human senses without
the aid of instruments beyond the boundaries of the lot.
8.4.11
Open Space. Open Space for the aggregate area
of the Rail Transit District shall equal not less than thirty percent
(30%) of the total area of the Rail Transit District (RTD) and not
less than ten percent (10%) in Area A and Area F, combined; Area C;
Area D; and Area E.
8.4.12
Miscellaneous Standards.
1.
The landscape shall be preserved in its natural state
insofar as practicable by minimizing tree and soil removal.
2.
Proposed buildings shall be related harmoniously to
the terrain and to other buildings in the vicinity.
3.
The distance between buildings shall be sufficient
to provide adequate light and air in conformance with the State Building
Code.
4.
Special attention shall be given to location and number
of access points to the streets, general interior circulation, separation
of pedestrian and vehicular traffic, and arrangement of parking areas
that are safe and convenient and do not detract from the design of
the proposed building or neighboring properties.
8.4.14
Transit Village Community (TVC). A Transit Village
Community (TVC) may be located in Area A and Area E and shall consist
of for profit, luxury (market driven) apartment-type residences ("Dwelling,
Multifamily, For Rent") and age restricted residences (Age Restricted,
Attached; Age Restricted, Detached; and Age Restricted Multifamily),
supplemented by accessory service structures and amenities described
herein, may be situated in and be a part of a Rail Transit District
(RTD) to promote a convenient and consolidated residential community.
The following general requirements shall apply to the TVC.
1.
Uses in a TVC shall be authorized upon Site Plan approval by the Planning Board as regulated by Section 9.4, except such approval shall be determined only after public hearing, with formal hearing notice to abutters and parties in interest, and that any proposal shall be further in compliance with the following provisions, as determined by the Planning Board.
2.
The proposed use shall be served by water and sewer
services (municipal and/or private) unless the Planning Board, with
advice from the Ashland Board of Health and/or the Department of Public
Works, deems that alternative services shall meet the long term needs
of such proposed use and the Town of Ashland.
3.
The site, when utilized for the purposes of this Section
and combined with any other use or uses allowed in the Rail Transit
District, is of sufficient size, shape, topography and location to
be capable of accommodating such multiple uses.
4.
Building and Dwelling Unit Requirements in a TVC.
The number of dwelling units permitted shall be determined in accordance
with the formula set forth in Section 8.4.6.6, above, based upon the
total cumulative land area of Area A, Area E and Area F at a density
of: (i) 10 units per acre for Age Restricted, Attached; Age Restricted,
Detached; and Age Restricted, Multifamily units; and; (ii) twenty
(20) units per acre in Area E for Dwelling Multifamily, For Rent units
(provided, notwithstanding anything to the contrary contained herein,
such units in the Transit Village Community (TVC) shall be limited
to no more than two Bedrooms as provided herein). Written computation
of the foregoing density shall be provided at the time of the filing
of a Site Plan Review Application with the Planning Board, based upon
the following standards.
5.
Maximum height and separation.
a.
The maximum height
of each residential development building shall be:
(i)
For Dwelling Multifamily, For Rent three stories
above grade (four stories at the rear of the building if the slope
of the land permits); and
(ii)
For Age Restricted, Attached; Age Restricted,
Detached and Age Restricted, Multifamily and accessory buildings related
thereto, two stories above grade (three stories at the rear of the
building if the slope of the land permits); and
b.
There shall be a minimum of a twenty (20) foot separation
between abutting (side to side) buildings [within a Transit Village
Community (TVC)].
6.
The number of Bedrooms in each Dwelling, Multifamily,
For Rent dwelling unit shall be limited to two (2). A one bedroom
unit shall be permitted to have one Bedroom in addition to the kitchen
living/dining room, study (as defined below) and bathrooms. A two
bedroom unit shall be permitted to have two Bedrooms in addition to
kitchen living/dining room, Study and bathrooms.
7.
Allowable Accessory Buildings, Structures and Preferred
Amenities. Customary accessory structures shall be allowed, as determined
by the Inspector of Buildings. Such accessory arrangements shall be
depicted on the Site Plan if contemplated prior to Site Plan approval.
8.
Common Open Space. A clubhouse(s), swimming pool(s),
tennis court(s), storage and maintenance structures and other accessory
structures shall be allowed, as determined by the Inspector of Buildings
after initial Site Plan approval, if in keeping with parcel development
coverage. Such accessory arrangements shall be depicted on the Site
Plan if contemplated prior to Site Plan approval.
9.
Preferred Amenities. Green space, the creation of
outdoor areas which may include, but are not limited to, sitting areas
with tables, gazebo(s), trellises, paved and level walking/biking
paths, planters and individual/community garden space(s).
10.
Allowable accessory service structure-types in a TVC
shall be:
appliance repair outlets
|
day-care centers
|
ice cream parlors
| |
art galleries
|
delicatessens
|
instruction studios
| |
bakery outlets
|
dry cleaner outlets
|
laundromats
| |
bank ATM
|
florist outlets
|
snack bars
| |
bookstore outlets
|
food vendors
|
specialty food shops
| |
collectible shops
|
gift shops
|
tailor/cleaner outlets
| |
or other use having externally observable attributes
similar to the above shall be allowed, as determined by the Inspector
of Buildings after initial Site Plan approval.
|
11.
Building Design Criteria. All buildings and structures
shall be designed, located and constructed to afford the following:
a.
compatibility of architectural styles, scales, building
materials and colors within the development;
b.
variations of facade, roof lines and interior layouts
of dwelling units;
c.
harmonious relationship of buildings and structures
to each other with adequate light, air, circulation, privacy and separation;
and,
d.
the capability for constant surveillance, orientation
and recognition (to this end, and in lieu of providing conventional
streetlighting, individual building front yards and other areas along
roadways not fronting buildings and approaches to common-use buildings
and structures, shall be provided with architecturally, compatible,
street-level type lamp post lighting necessary to provide safety,
security and visual indications, as determined by the Planning Board).
12.
Additional Physical Requirements. Paved sidewalks
shall be located and constructed to the bounds of the development
from interior roadways to provide pedestrian access to neighboring
streets and abutting parcels, if practical, as determined by the Planning
Board. Road signs shall be provided to indicate "Private Way," or
other appropriate wording, to temper unnecessary intrusion of off-site
traffic.
13.
Special Requirements. All improvements to the development
parcel, including rights-of-ways and dwelling unit/common areas and
utility services, except as agreed to by the Town of Ashland when
considering access for municipal emergency response vehicles, shall
be considered private and developer owned. During construction and
after completion of the development, the developer/owner shall be
responsible for the maintenance of all dwelling units and other structures/appurtenances,
rights-of-way, drives, walkways, parking area(s) and all snow plowing,
landscaping, maintenance, trash removal and maintenance/repair of
other common elements and facilities serving the residents. The Town
of Ashland shall not be responsible, therefore, unless so agreed.
8.4.15
Decision. The Planning Board may impose additional
conditions not inconsistent with this and other Sections of the Zoning
By-Laws and all appropriate State and Federal laws.
8.5
ASHLAND DOWNTOWN DISTRICT (ADD)
[Amended 5-4-2016 ATM, Art. 21; 5-4-2016 ATM, Art. 22; 5-4-2016 ATM, Art. 23; 11-28-2016 STM, Art. 12; 6-12-2021 ATM,
Art. 10]
8.5.1
Purpose. The purpose of this district is to:
1.
Provide a framework to encourage the growth and development of a
successful downtown that will promote village style redevelopment
with a mix of commercial, retail, and residential uses in a walkable
environment with a density that is consistent with the design principles
herein, and that is functionally vibrant and active, and perceived
to be an attractive destination visited by residents throughout Ashland
and surrounding communities.
2.
Broaden the tax base, enhance long-term economic vitality, improve
the quality of life of residents, and improve the business climate
by encouraging investment that will create employment and economic
opportunity, attract other private investment and improvements to
property. To reduce automobile dependency and air pollution by locating
multiple destinations in close proximity. To strengthen the sense
of community in Ashland by building on Downtown Ashland's inherent
assets, historic architecture, and cultural offerings to rekindle
entrepreneurship, downtown cooperation and civic engagement.
8.5.2
Purpose of Sub-Areas. The Ashland Downtown District (ADD) is divided
into the three sub-areas designed to allow a mixture of land uses
where feasible and appropriate. In addition, the ADD will:
1.
Focus on site and building design required to promote attractive,
functional development,
2.
Allow greater flexibility in the use of land and design of buildings,
structures, landscape and amenities, include a mix of retail, office,
institutional and residential including affordable housing, and
3.
The ADD is intended to foster a pedestrian friendly downtown with
vibrant activities, shopping and an attractive place to live.
8.5.3
Map. This district is to be applied to the area referenced on the
Zoning Map as Ashland Downtown District.
Sub-area A shall overlay all underlying districts so that any parcel of land lying in sub-area A shall also lie in the zoning district in which it was classified prior to May 10, 2006. Notwithstanding any regulations in this Section 8.5, all regulations of the underlying zoning districts shall continue to apply within the Downtown District, so that the uses permitted in this Section 8.5 shall be in addition to the uses permitted in the underlying district; provided however, that the following uses shall be prohibited: Earth, vegetative materials and stone removal; and outdoor storage of goods associated with a permitted use without screening as required by Section 5.4. Where screening is provided in sub-area A for the outdoor storage of goods associated with a permitted use the requirements of Section 5.4 shall be increased so that such goods shall be screened from adjacent uses by landscaped buffers which shall be at least 15 feet in depth and which shall contain opaque screening comprised of walls, fences, berms, shrubs or evergreen plantings, or any combination thereof to prevent adverse impacts on neighboring properties. Opaque screens shall be opaque in all seasons of the year. When berms are used to meet the requirements for a buffer strip they shall be planted with living vegetation. The minimum, top width of a berm shall be three (3) feet, and the maximum side slope shall be 3:1. No more than twenty-five per cent (25%) of the coverage of a planted berm shall be mulch or non-living material.
8.5.4
Sub-Areas. There are three sub-areas in the ADD designed to promote
and strengthen residential, retail and commercial development in the
downtown area and to encourage mixed use that also promotes pedestrian
and neighborhood activities in the downtown. The boundaries of the
sub-areas on designated on the Ashland Zoning Map dated May 10, 2006.
1.
Sub-area A is designed to promote the highest level of mixed use,
encouraging retail on the first floor and commercial and/or residential
on the upper floors.
2.
Sub-area B is designed to promote some mixed use where feasible especially
commercial/retail on the first floor and residential on the upper
floors.
3.
Sub-area C is designed to allow mixed uses where feasible but at
a lower density than A and B.
8.5.5
Table of Uses. A use listed in the "Table of Uses" shown below is
permitted in any sub-area of the ADD denoted by the letter "Y" and
is not permitted in any sub-area of the ADD denoted by the letter
"N." If denoted by the letters "SP" the use is permitted only if the
Planning Board grants a special permit as provided herein and makes
such specific findings as may be required by the Bylaw in respect
of such use. Within the ADD, the following listed development types
of uses and mixed uses shall be allowed as designated:
ASHLAND DOWNTOWN DISTRICT (ADD)
|
ADD-A
|
ADD-B
|
ADD-C
|
---|---|---|---|
Permitted Residential Uses
| |||
Single family and two-family dwelling homes, other than mobile
home
|
N
|
SP
|
Y
|
Multifamily dwellings (3 or more dwellings)
|
Y
|
Y
|
SP
|
Dwelling units and retail, office and/or other allowed business
in separate buildings on the same lot
|
Y1
|
Y
|
SP
|
Mixed residential and commercial/business
|
Y
|
Y
|
Y
|
Senior Residential Community pursuant to Sec 7.2 (no acreage
requirement)
|
SP
|
SP
|
N
|
Cluster development pursuant to Sec 7.3
|
SP
|
N
|
N
|
Accessory family dwelling unit in compliance with Article IV,
Special Regulations Sec 7.6
|
N
|
SP
|
SP
|
Permitted Community Services
| |||
Religious or educational purposes on land owned or leased by
a public body, religious group or nonprofit educational corporation
|
Y
|
Y
|
Y
|
Child daycare, adult care or assisted living facility
|
Y
|
Y
|
Y
|
Municipal uses not elsewhere specifically cited
|
Y
|
Y
|
SP
|
Post office
|
Y
|
Y
|
Y
|
Community center and public recreation center
|
SP
|
SP
|
SP
|
Nursing, convalescent, rest home, hospital
|
Y
|
Y
|
Y
|
Mixed business and residential use in the same building
|
Y
|
Y
|
Y
|
Mixed business and residential use in separate buildings on
the same lot
|
Y
|
Y
|
Y
|
Business offices such as sale agents, real estate
|
Y
|
Y
|
Y
|
Bank or financial institutions without drive-up windows
|
Y
|
Y
|
Y
|
Bank or financial institutions with drive-up windows
|
SP
|
SP
|
N
|
Any use set forth above in a building with more than 20,000
sq. ft. of gross floor area
|
SP
|
N
|
N
|
Outdoor storage of products for sale
|
SP2
|
SP2
|
SP2
|
Home occupation in compliance with sec 3.2.1
|
Y
|
Y
|
Y
|
Permitted Restaurant Uses
| |||
Restaurant and/or bakery with no outside seating and no drive-up
window
|
Y
|
Y
|
Y
|
Restaurant and/or bakery, with outside seating and no drive-up
window
|
Y
|
SP
|
SP
|
Restaurant, fast-food, no drive-up
|
SP
|
SP
|
N
|
Restaurant, fast-food with drive-up
|
SP
|
SP
|
N
|
Cafeteria, lunch or soda counter, ice cream establishment or
food service
|
Y
|
Y
|
SP
|
Catering services
|
Y
|
SP
|
SP
|
Permitted Retail Uses
| |||
Retail sales and/or services in building less than or equal
to 10,000 sq. ft. of gross floor area
|
Y
|
Y
|
SP
|
Retail sales and/or services in building more than 10,000 sq.
ft. of gross floor area
|
Y
|
SP
|
N
|
Open air vending (e.g. push carts)
|
SP
|
SP
|
SP
|
Bed-and-breakfast
|
SP
|
SP
|
SP
|
Veterinary, animal hospital, kennel in compliance with Sec 3.2
lots greater than five acres
|
Y
|
Y
|
Y
|
Agriculture, horticulture, viticulture or floriculture in compliance
with Sec 3.2
|
Y
|
Y
|
Y
|
Permitted Recreational Uses
| |||
Outdoor commercial recreation other than campgrounds
|
SP
|
SP
|
SP
|
Theaters and cinemas
|
Y
|
Y
|
SP
|
Indoor commercial recreation, including tennis club, health
or fitness club, day spa
|
Y
|
Y
|
SP
|
Indoor bowling alleys and skating rinks
|
SP
|
SP
|
SP
|
Permitted Light Industrial Uses
| |||
Printers and similar shops and trades
|
Y
|
Y
|
SP
|
Light manufacturing, research, assembly, testing
|
Y
|
SP
|
SP
|
Service industries, such as the repair of appliances
|
Y
|
Y
|
SP
|
Prohibited Uses
| |||
Motor vehicle service stations, vehicle body repair, restoration,
paint shop
|
N
|
N
|
N
|
Retail sales or rental of motor vehicles, trailers or motorized
marine equipment
|
N
|
N
|
N
|
Adult entertainment establishments
|
N
|
N
|
N
|
Tattoo Parlors
|
N
|
N
|
N
|
Storage trailers and outdoor storage of goods associated with
a business, retail, commercial or industrial use
|
N
|
N
|
N
|
Notes on Ashland Downtown District Table of Uses
|
1.
Ground floors of buildings which front on streets shall be reserved
for non - residential uses except as specified below
a.
Dwelling units shall be allowed on ground floors of buildings only
where:
(i)
The building is set behind another building which has non-residential
uses on the ground floor; or
(ii)
The residential portion of the first floor of a building is
set behind street-front non-residential uses within the same building;
or
(iii)
In other cases where the SPGA feels that street-front residential
uses will not have an adverse impact on the continuity of the non-residential
street front uses.
2.
Allowed as accessory use only.
8.5.6
Lot and Dimensional Standards.
1.
The dimensional requirements in a mixed-use building shall be governed
by the ground-floor use of the building. In cases of a mixture of
uses in one building or structure, the regulation for each use shall
apply to the portion of the building, structure or land so used. The
Planning Board may vary the dimensional and parking requirements of
this section if, in its opinion, such change will result in an improved
design and/or a design which reflects the design characteristics depicted
in the renderings below in the Table Of Dimensional Requirements In
The Ashland Downtown District.
DIMENSIONAL STANDARDS (REQUIRED)
| |||||||
---|---|---|---|---|---|---|---|
Building Type
|
Frontage
(Min.)
|
Lot Size
|
Front Yard
(Min./Max)
|
Side Yard
(Min.)
|
Rear Yard
(Min.)
|
FAR
(Max.)
|
Height
(Max.)
|
Sub-Area A
| |||||||
Mixed-Use and Commercial
|
100'
|
35,000 SF
|
8'/15'
|
0' if common wall; 15' otherwise
|
12'
|
2.0
|
3 Stories (max 38 feet)
|
Residential-only
|
100'
|
35,000 SF
|
15'/15'
|
0' if common wall; 15' otherwise
|
12'
|
2.0
|
3 Stories (max 38 feet)
|
Sub-Area B
| |||||||
Mixed-Use and Commercial
|
75'
|
20,000 SF
|
8'/15'
|
0' if common wall; 10' otherwise
|
12'
|
1.5
|
3 Stories (max 38 feet)
|
Residential-only
|
75'
|
20,000 SF
|
15'/15'
|
0' if common wall; 10' otherwise
|
12'
|
1.5
|
3 Stories (max 38 feet)
|
Sub-Area C
| |||||||
Mixed-Use and Commercial
|
50'
|
8,000 SF
|
8'/15'
|
0' if common wall; 10' otherwise
|
12'
|
1.5
|
3 Stories (max 38 feet)
|
Residential-only
|
50'
|
8,000 SF
|
15'/15'
|
0' if common wall; 10' otherwise
|
12'
|
1.5
|
3 Stories (max 38 feet)
|
2.
Building Orientation. Buildings shall be placed on the site to define
the edges of streets and public spaces, constructed to be parallel
to the street or public space. Multiple buildings on single lots are
permitted. Where multiple buildings exist, to the extent practicable
they shall be arranged to form a grid-like pattern.
3.
Front Yards. The following standards shall apply to front yards.
a.
Within the front yard setback, the space shall be used for one or
more combination of:
(i)
Outdoor seating associated with a ground-floor eating establishment.
(ii)
Publicly available open space, such as a plaza, or the like.
(iii)
Garden space or other highly landscaped area, which in the opinion
of the Planning Board contributes to the neighborhood's vibrancy.
(iv)
Other uses, which in the opinion of the Planning Board contributes
to the neighborhood's vibrancy.
b.
The Planning Board may allow for greater front yards, whereby in
its judgement, doing so will contribute to an improved public realm.
c.
Parking is prohibited within the front yard setback.
4.
Rear Yards. Where a property abuts a residential district, the rear
yard must be a minimum of 30 feet, which may be reduced to no less
than a 12 foot rear yard through Special Permit by the Planning Board.
Any reduction in the required rear yard setback will be at the discretion
of the Planning Board, if in its opinion a reduced setback will not
cause any adverse effects to the adjoining residential property.
5.
FAR (Floor Area Ratio). The total floor area of all principal buildings
on a lot divided by the area of said lot.
6.
(Reserved)
7.
Height may be increased up to 48 feet through a Special Permit by the Planning Board and in accordance with Section 9.3 to allow for architectural features that add to the building design and which shall not increase additional living space. Examples of such features include a pinnacle, cupola, a clock tower, a terrace, observation area, and the like.
8.
Minimum lot size and minimum frontage requirements may be reduced
upon issuance of a Special Permit by the Planning Board if, in its
sole discretion, it finds that such a reduction will not negatively
impact neighborhood character or have adverse impacts on abutting
properties.
9.
Within the Ashland Downtown District the height of all buildings
shall be measured from the grade plane of the fronting street vertically
to the highest point of the structure. No building shall be greater
than 38' feet in height other than allowed by the Special Permit in
accordance with Section 8.5.6.7.
8.5.7
General Regulations. The Town of Ashland Design Review Guidelines
(dated 2015 or the most recent edition), adopted by the Planning Board
pursuant to the authority granted hereunder, available from the Town
of Ashland Planning Department, shall guide the implementation of
the standards of this section. All New signs will follow the sign
requirements of the commercial "B: zones as noted in Sec 5.3." of
this Zoning bylaw.
8.5.8
Performance Standards; Criteria. The ADD application and required plans shall meet the general performance criteria set forth in the regulations and design guidelines adopted pursuant to this Bylaw, including but not limited to Section 9.4 of this Zoning Bylaw. In addition, the Planning Board shall consider the criteria set forth in Section 8.5.14 and 9.3.2 of this Zoning Bylaw following general criteria, where relevant, before issuing a permit for development within the ADD.
1.
Suitability of the site for the proposed use(s);
2.
Impact on traffic and pedestrian flow and safety and access for emergency
vehicles;
3.
Adequacy of pedestrian access to buildings and between public spaces;
4.
Impact on the visual character of the ADD and surrounding neighborhood;
5.
Adequacy of utilities, including sewage disposal, water supply and
stormwater drainage.
8.5.9
Design Principles. The leading design principles are:
1.
To provide convenient and efficient pedestrian access within the
ADD and to surrounding neighborhoods and facilities;
2.
To provide a safe and comfortable pedestrian environment with walkways,
pedestrian conveniences and amenities; and
3.
To encourage buildings with a pedestrian oriented scale and design.
8.5.10
To encourage buildings that are compatible with the context and historic
nature of downtown Ashland lot design standards. The following standards
shall apply to all lots in the ADD:
1.
Sidewalks shall be required along the lots frontage on a street or
streets and walkways between building entrances and the nearest street
or streets with minimal interruption by driveways. Parking lot aisles,
and access and interior driveways do not count as walkways;
2.
Driveway and walkway connections to abutting lots are required within
the ADD wherever feasible and appropriate.
3.
An outdoor pedestrian area shall be provided on any lot where the
floor area is 30,000 square feet or more. The pedestrian area shall
be accented with pedestrian amenities such as benches and street furniture.
Shade trees, ornamental trees and other landscaping shall be provided
to create a separation between pedestrian and vehicular traffic, to
highlight buildings and pedestrian spaces, to provide shelter from
the sun, to minimize glare for drivers, to reduce noise, and to mitigate
fumes.
4.
The project must be connected to adjacent residential neighborhoods
via pedestrian ways.
5.
No driveway or parking lot shall be placed in the portion of a lot
that is directly in front of a building as seen from a street, whether
or not the building is located on the same lot as the driveway or
parking lot, except that a driveway and parking lot may be placed
in the front of a building that is located in the rear of another
building when viewed from a street.
8.5.11
Building Design Standards.
1.
Buildings shall be of a design similar to the historic architecture
in Downtown Ashland in terms of scale, massing, roof shape, spacing
and exterior materials. The following diagrams are intended to provide
inspiration and general examples of compatible buildings and are not
intended to be exactly imitated.
2.
The building front facades shall be articulated to achieve a human
scale and interest. The use of different textures, shadow lines, detailing
and contrasting shapes is required.
a.
Where buildings are greater than 60 feet in width along the public
right-of-way, buildings shall have vertical modulation elements at
minimum every 45 feet. These required vertical articulation elements
include a combination of changes in the vertical plane of the building
(minimum two foot and maximum 4 feet), vertical architectural details
such as columns, pilasters, and the like, varied fenestration patterns,
changes of material, and other elements, which, in the opinion of
the Planning Board achieve the desired effect.
b.
Building facades should be horizontally articulated with a clearly
defined base, middle, and top as illustrated below. For buildings
three (3) stories and taller, the following standards apply:
(i)
The bottom one to two (2) stories of a building should be visually
integrated as an appropriately scaled expression of the building's
base. The base should be visually differentiated from the stories
above by a horizontal expression line or cornice and include a change
in color, building material, or pattern of fenestration.
(ii)
The central portion of each facade should be visually integrated
as an expression of the building's middle. The middle should be visually
differentiated from the base and top by a horizontal expression line
or cornice and include a change in color, building material, or pattern
of fenestration.
(iii)
The top story of each facade should have a cornice, parapet,
roof element, or change in massing as an expression of the building's
top.
(iv)
Materials appearing heavier in weight should be used for the
building's base, with materials appearing similar or lighter in weight
used above.
3.
Facades shall have windows and doors with highly transparent, low
reflectivity glass for a percentage of the total area of a ground-floor
facade facing the public right-of-way. Facade glazing is measured
between two (2) feet and twelve (12) feet of the ground floor above
the applicable facade. For commercial uses, the required percentage
is a minimum of 60% and for residential uses, the required percentage
is 30%. Window casings shall be of style and scale appropriate to
the historic nature of the downtown and be no less than 3 inches wide.
4.
The following standards for roofs shall apply:
a.
Buildings shall have one the following roof styles: front gable,
side gable, or hip roof.
b.
The minimum pitch requirement is a 7/12 ratio. The Planning Board may grant a Special Permit at its sole discretion and in accordance with Section 9.3 for a reduced pitch of an otherwise by-right roof style.
c.
The Planning Board may grant a Special Permit in accordance with Section 9.3 for Mansard, flat roofs, or other roof styles if the applicant can demonstrate that the proposed design will enhance the character of the neighborhood through inclusion of historically appropriate architectural details, such as cornices, moldings, and the like.
5.
Buildings shall be designed to include massing components with the
intent of adding visual interest and reducing the perceived visual
bulk of buildings. Massing components include dormers, shed dormers,
cross gables, bay windows, upper story step-backs, or the like.
8.5.13
Parking and Loading. See Section 5.1 and 5.2. The schedule of parking requirements found in Section 5.1 shall apply. However in the ADD, the number of parking spaces required for each use shall be 75% of those stated in Section 5.1. Where there is a mixture of land uses on one lot, the number of parking spaces required shall be only 75% of those stipulated above, that is, where there is a mixture of uses the parking requirement will be 56.25% (75% times 75%).
1.
Shared Motor Vehicle Parking. Shared use of motor vehicle parking
is strongly encouraged, however, parking spaces for one use shall
not be considered as providing the required spaces for any other use,
except when it can be clearly demonstrated that the need for parking
occurs at different times. A shared parking agreement shall be submitted
to the Planning Board as part of any permit request. Said shared parking
agreement shall address issues such as the maintenance, stripping
and snow plowing of the shared parking area.
2.
All parking areas, lots and/or facilities shall be connected to the
parking areas, lots and/or facilities of all adjacent lots within
the ADD, unless physical constraints, present site configuration,
uncooperative abutters, or land vacancy precludes strict compliance.
8.5.14
Mandatory Findings. When a Special Permit is required, the Planning
Board shall not issue a Special Permit unless without exception it
shall find that the proposed use and development:
1.
Is in harmony with the purpose and intent of this Bylaw;
2.
Is appropriate for the site for which the petition is submitted and
is related harmoniously to the terrain and to the use, scale and proportions
of existing and proposed buildings in the immediate vicinity that
have functional or visual relationship to the proposed use;
3.
Includes sufficient mitigating measures which shall be implemented
as part of the special permit for any adverse effects noted in reports
from town boards and agencies, reports from consultants, and public
hearings;
4.
Will result in no significant effect on level of service for any
service provided by the Town, including fire, police and ambulance.
Proof of no significant effect is the lack of need for the Town to
add equipment and/or staff specifically due to the development;
5.
Will provide adequate provision for pedestrian traffic; and
6.
Will comply with all requirements of all applicable requirements
of this By-law.
8.5.15
If, in the judgement of the Town Planner, the design(s) proposed in an application reflect the design characteristics encouraged in Subsection 8.5.7, the following stipulations shall take effect:
1.
The Planning Board's maximum period of review and decision shall
be ninety (90) days from the opening of a special permit public hearing
and ninety (90) days from the opening of a meeting commencing a site
plan review process, unless the review period is extended by mutual
agreement of the Planning Board and applicant;
2.
Planning Board special permit and site plan review processes shall
be conducted concurrently;
3.
A maximum of $4,000.00 in up-front application fees shall be charged.
This shall not include peer review fees.
8.6
WILDWOOD MIXED USE SPECIAL DISTRICT
8.6.1
Purpose. The Wildwood Mixed Use Special District in
Ashland is established to:
1.
Allow for a high aesthetic design standard for development
that encourages interaction among activities located within this district,
to enhance business vitality, and encourage residential uses in conjunction
with commercial activities in a park like setting in order to create
an active street life, and reduce vehicular traffic;
2.
Encourage a blend of land uses that are compatible
and create a livable community that includes multi-unit housing, senior
housing, continuing care facilities, retail, offices, light industrial,
commercial, and municipal uses;
3.
Promote opportunities for a mixture of uses within
buildings in this district;
4.
Encourage a more pedestrian-friendly environment;
5.
Promote the development of flexible space for small
and emerging businesses within the buildings in this district;
6.
Preserve the district's unique natural setting with
its wetland, scenic, and historic assets by encouraging the development
of open spaces and civic areas to accommodate workers, residents,
student populace, pedestrians, shoppers, and others;
7.
Advocate the originality, flexibility, and innovation
in site design and development within the district;
8.
Facilitate the integration of physical design and
promote a high level of aesthetic design quality for architecture
and landscaping within this district; and,
9.
Ensure that the appearance and effects of buildings
and uses are harmonious with the character of the area in which they
are located.
8.6.2
Location. This district is to be applied to the area
referenced on the Zoning Map as the Wildwood Mixed Use Special District.
8.6.3
Area Requirements. The minimum land required for the
Wildwood Mixed Use Special District shall be 50 acres.
8.6.4
Table of Uses. Within the Wildwood Mixed Use Special
District (WMUSD), the following listed development types of light
industrial, commercial, residential, municipal/recreational and miscellaneous
uses shall be allowed as designated.
[Amended 11-28-2018 STM
by Art. 8]
Y = Permitted
| |
SP = Conditionally Permitted with Special Permit
| |
N = Not Permitted
|
The location of each development component type
shall be depicted on the Use Plan on file with the Town Clerk for
the Wildwood Mixed Use Special District, which use plan provides for
three (3) areas of development (hereinafter, such areas are referred
to as "Area A," "Area B," "Area C" and "Area D" which designations
correspond to the development areas noted on the aforementioned Use
Plan). The Permitted Uses and the Area on the Use Plan where such
uses shall be permitted are as follows:
|
WILDWOOD USE TABLE
| |||||
---|---|---|---|---|---|
Per Use Plan
| |||||
Land Use Area Uses
|
A
|
B
|
C
|
D
|
E
|
(1) Light Industrial Uses
| |||||
Research offices and laboratories, including
testing, provided such testing complies with the performance standards
set forth in this section. This section shall include chemical, electronics,
photography & film, medical & dental, metallurgy, pharmaceutical
& X-ray; limited to 10,000 sq. ft.
|
Y
|
Y
|
N
|
Y
|
Y
|
Research offices and laboratories, including
testing, provided such testing complies with the performance standards
set forth in this section. This section shall include chemical, electronics,
photography & film, medical & dental, metallurgy, pharmaceutical
& X-ray; greater than 10,000 sq. ft.
|
SP
|
Y
|
N
|
Y
|
Y
|
Services associated with permitted light industrial
uses.
|
N
|
Y
|
N
|
Y
|
Y
|
Light manufacturing research; assembly, testing
and repair of components, including electronic components; communication
equipment; guidance & control equipment; data processing equipment;
computer hardware and/or software; and measuring instruments
|
SP
|
Y
|
N
|
Y
|
Y
|
Light manufacturing, processing and/or assembly
of the following or similar products: food products; medical equipment;
apparel; woodworking shops; furniture; fabricated metal products;
stone, clay and glass products; optical devices; photographic equipment;
and, filing and labeling machinery.
|
SP
|
Y
|
N
|
Y
|
Y
|
Parking in compliance with the Zoning By-Law
to service a use permitted herein, except that the Planning Board
by Special Permit may permit modifications of the parking requirements
on a case by case basis.
|
Y
|
Y
|
Y
|
Y
|
Y
|
Accessory scientific use
|
N
|
N
|
N
|
N
|
N
|
Sewerage treatment facility
|
SP
|
SP
|
SP
|
SP
|
SP
|
Uses and structures customarily accessory and
incidental to primary use.
|
Y
|
Y
|
Y
|
Y
|
Y
|
(2) Commercial Uses
| |||||
Business or professional offices which are limited
to offices for accountants, attorneys, engineers, architects, medical
and dental offices, and general and corporate offices; limited to
3,000 sq. ft.
|
Y
|
Y
|
N
|
N
|
Y
|
Business or professional offices which are limited
to offices for accountants, attorneys, engineers, architects, medical
and dental offices and general and corporate offices; over 3,000 sq.
ft.
|
SP
|
Y
|
N
|
Y
|
Y
|
Service industries such as repair of appliances,
tooling, printing, blueprinting and bookbinding.
|
SP
|
N
|
N
|
Y
|
Y
|
Food preparation and eating facilities; limited
to 3,000 sq. ft.
|
Y
|
Y
|
N
|
Y
|
Y
|
Food preparation and eating facilities; over
3,000 sq. ft.
|
SP
|
Y
|
N
|
Y
|
Y
|
Personal service establishments, such as hair
care, laundry, photography studio; limited to 3,000 sq. ft.
|
Y
|
Y
|
N
|
Y
|
Y
|
Parking in compliance with the Zoning By-law
to service a use permitted herein, except the Planning Board by Special
Permit may permit modifications of the parking requirements on a case
by case basis.
|
Y
|
Y
|
Y
|
Y
|
Y
|
Short term automobile rental.
|
SP
|
Y
|
N
|
Y
|
Y
|
Retail sales, services and boutiques; limited
to 3,000 sq. ft.
|
SP
|
SP
|
N
|
Y
|
Y
|
Retail sales, services and boutiques; over to
3,000 sq. ft.
|
SP
|
SP
|
N
|
Y
|
Y
|
Retail home furnishings, home improvement and
miscellaneous material and equipment stores which operate totally
within principal structures and require no outside storage or display
of products or materials; limited to 3,000 sq. ft.
|
Y
|
Y
|
N
|
Y
|
Y
|
Restaurant; limited to 3,000 sq. ft.
|
Y
|
Y
|
N
|
Y
|
Y
|
Restaurant; over 3,000 sq. ft.
|
SP
|
Y
|
N
|
Y
|
Y
|
Restaurant, fast food
|
N
|
N
|
N
|
N
|
N
|
Catering service; limited to 3,000 sq.ft.
|
Y
|
Y
|
N
|
Y
|
Y
|
Catering service; over 3,000 sq.ft.
|
SP
|
Y
|
N
|
Y
|
Y
|
Hotel, motel
|
SP
|
SP
|
N
|
SP
|
SP
|
Indoor commercial recreation facility
|
SP
|
Y
|
N
|
Y
|
Y
|
Financial institutions without drive-up window.
|
Y
|
Y
|
N
|
Y
|
Y
|
Financial institutions with drive-up window
|
N
|
SP
|
N
|
SP
|
N
|
Business schools
|
N
|
N
|
N
|
N
|
N
|
Cinema, theater, auditorium
|
N
|
Y
|
N
|
Y
|
Y
|
Continuing care residential community or components
thereof
|
Y
|
Y
|
N
|
Y
|
Y
|
Rest home or nursing home
|
Y
|
Y
|
N
|
Y
|
Y
|
Accessory scientific use
|
N
|
N
|
N
|
N
|
N
|
Other drive-up services associated with any
commercial or industrial use.
|
N
|
N
|
N
|
SP
|
N
|
Health club or clinic.
|
SP
|
SP
|
Y
|
Y
|
SP
|
Outdoor commercial recreation other than campgrounds
|
N
|
SP
|
N
|
SP
|
SP
|
Uses and structures customarily accessory and
incidental to the primary use.
|
Y
|
Y
|
Y
|
Y
|
Y
|
Sewerage treatment facility
|
SP
|
SP
|
SP
|
SP
|
SP
|
Day care facilities limited to 3,000 sq. ft.
|
Y
|
Y
|
Y
|
Y
|
Y
|
Day care facilities over 3,000 sq. ft.
|
Y
|
Y
|
Y
|
Y
|
Y
|
(3) Residential Uses
| |||||
Age restricted attached (as defined in § 8.4.3).
|
Y
|
Y
|
N
|
SP
|
SP
|
(3) Residential Uses
| |||||
Age restricted mixed use building — defined
as including one, a portion of a building containing more than one
(1) dwelling unit used for occupancy by individuals living independently
of each other containing at least one (1) dwelling unit owned or occupied
by at least one (1) person who is fifty-five (55) years of age, or
older; and no more than one (1) additional occupant who may be under
fifty-five (55) years of age, unless otherwise qualifying as a handicapped
adult; two, a portion of the building for occupancy of commercial
uses
|
Y
|
Y
|
N
|
SP
|
SP
|
Age restricted, multifamily (as defined in § 8.4.3).
|
Y
|
N
|
N
|
SP
|
SP
|
Dwelling, multifamily
|
Y
|
N
|
N
|
SP
|
SP
|
Dwelling, multifamily in a mixed use building
– defined as including one, a portion of a building containing
more than one (1) dwelling unit; two, a portion of the building for
occupancy of commercial uses.
|
Y
|
Y
|
N
|
SP
|
SP
|
Public housing for the elderly.
|
Y
|
N
|
N
|
N
|
N
|
Affordable housing (defined as housing meeting
affordability standards of the Commonwealth of Massachusetts Department
of Housing and Community Development).
|
Y
|
N
|
N
|
Y
|
Y
|
Uses and structures customarily accessory and
incidental to the primary use.
|
Y
|
Y
|
Y
|
Y
|
Y
|
Sewerage treatment facility
|
SP
|
SP
|
SP
|
SP
|
SP
|
Dwelling, single family [excluded in a CDA as
defined in § 8.6.6.10(a)]
|
N
|
N
|
N
|
N
|
Y
|
(4) Municipal Uses
| |||||
Municipal school, other municipal buildings
and 24-hour municipal use.
|
Y
|
Y
|
Y
|
Y
|
Y
|
Municipal community center and recreation buildings.
|
Y
|
Y
|
Y
|
Y
|
Y
|
Municipal fields
|
Y
|
Y
|
Y
|
Y
|
Y
|
Municipal cemetery.
|
Y
|
Y
|
Y
|
N
|
N
|
Municipal golf courses and related facilities.
|
Y
|
Y
|
Y
|
Y
|
Y
|
Municipal tennis facilities and swimming pool.
|
Y
|
N
|
Y
|
Y
|
Y
|
Civic area
|
Y
|
Y
|
Y
|
Y
|
Y
|
Uses and structures customarily accessory and
incidentals to the primary use.
|
Y
|
Y
|
Y
|
Y
|
Y
|
Sewerage treatment facility.
|
SP
|
SP
|
SP
|
SP
|
SP
|
(5) Miscellaneous Uses
| |||||
Residential uses above the ground floor of commercial
buildings.
|
Y
|
Y
|
N
|
Y
|
Y
|
Uses exceeding 20,000 sq. ft. except where they
are designed to be compatible with the intended pedestrian oriented
character of the zone.
|
N
|
SP
|
N
|
SP
|
SP
|
8.6.5
Prohibited Uses. The following uses shall be prohibited
in all land use areas:
1.
Truck or trailer storage with the exception of storing
and garaging company vehicles or allowable vehicles of residential
units;
2.
Commercial self-storage other than an accessory use;
3.
Automobile or truck service or repair station;
4.
Automobile or motor vehicle body restoration shops,
painting, repair;
5.
Automobile or motor vehicle car washing;
6.
Animal hospital; animal sales;
7.
Adult entertainment;
8.
Drive-in theatres or racetracks (defined as a measured
course where animals or machines [which include non-motorized vehicles
and motorized vehicles] are entered in competition against one another
or against time, including tracks used only in the training of animals
and exclusive of educational facilities);
9.
Mobile homes;
10.
Recycling collection facilities;
11.
Junkyards or wrecking yards;
12.
Refining or storage of petroleum;
13.
Stockyards, animal slaughterhouses or rendering plants;
14.
Metal smelting;
15.
New or used car or truck sales;
16.
Earth recycling facilities, including the processing
of contaminated soils and the processing of earth materials to produce
asphalt or cement products;
17.
The processing of soils or minerals, including, but
not limited to, mining, importing and stockpiling of such materials;
18.
No use shall be permitted that violates that performance
standards set forth in this section.
8.6.6
Dimensional Requirements.
1.
Lot Area. Individual lots within the Wildwood Mixed
Use Special District shall require a minimum of forty thousand (40,000)
square feet, except as hereinafter noted. In Area "D" and "Area E"
individual single-family dwellings lots shall require a minimum of
thirty thousand (30,000) square feet.
2.
In "Area A" only, non-senior residential dwellings
will require a minimum lot area not less than 5,000 square feet per
dwelling unit, plus one thousand square feet per bedroom for a maximum
of two (2) bedrooms under the following percentages of development
area of that which is buildable in "Area "A" only: maximum of 75%
"multifamily dwelling" uses (just residential) and or open space and
minimum of 25% mixed uses with commercial (nonresidential use on first
floor of the mixed use buildings) and/or commercial. Computations
for additional housing units in mixed use structures on the second
floor or higher shall be calculated at 600 sq. ft. per unit with a
maximum of two bedrooms.
3.
At least 10% of all housing units in "Area A" shall
be affordable as defined by the Commonwealth. No single building shall
contain more than 25% affordable housing.
4.
Senior residential dwellings require a lot area not
less than four thousand square feet per dwelling, plus one thousand
fifty square feet per bedroom for two bedrooms.
5.
Frontage. The minimum frontage shall be one hundred
fifty (150) feet.
6.
Front Yard. Front
yard shall be no less than (25) feet except as noted below.
(a)
In "Area A," "Area D" and "Area E" there will be no
front yard setback for commercial and mixed use buildings.
(b)
In "Area B," for commercial or mixed-use projects,
the front setback shall not exceed fifteen feet for fifty percent
of the linear frontage of the building, except areas contiguous with
the structure and used for outdoor dining or courtyards shall be exempt
from this requirement. This setback shall not be used for parking.
(c)
In residential only areas the front yard shall not
be less than twenty-five feet. In areas where are two front yards
on one lot, the permit granting authority may waive set back requirements.
7.
Side Yards - shall not be less than twenty-five (25)
feet. Multiple buildings on the same lot shall not be closer than
twenty feet apart.
8.
Rear yard. Shall not be less than twenty-five (25)
feet except where the rear lot line is contiguous to a residential
area, in which case the buffer zone shall apply as noted in Buffering
and Landscaping.
9.
Height. The height
for buildings in the Wildwood Mixed Use Special District shall be
as stated below. In no event shall any building exceed five stories
in height.
(a)
For buildings containing only commercial uses or only
residential units in "Area A," no building or structure shall exceed
a height of three stories unless allowed under Special Permit conditions
of this section.
(b)
For buildings containing both commercial and residential
uses in the same building, in "Area A, "Area D" and "Area E" no building
or structure shall exceed a height of five stories.
(c)
For buildings containing only residential uses in
"Area D" and "Area E", no building or structure shall exceed a height
of three stories unless allowed under the Special Permit conditions
of this section.
10.
Dwelling Unit
Requirements Applicable to Multifamily Dwellings in Area "D".
(a)
Provisions for multifamily dwellings units—
A multifamily project is limited to 115 units, except as noted hereinafter,
and must have 15% of the units as affordable units. A multifamily
project must set aside a minimum sized area of 80,000 square feet
for commercial development (the "Commercial Development Area" or "CDA").
This CDA will have frontage along Waverly Street, can be a separate
lot from the multifamily project or can be incorporated into the multifamily
project. The CDA can be used for a mixed-use building (where the first
floor is a commercial use and floors above include residential units).
As part of the CDA an additional 25 multifamily units are permitted
to be constructed. These units can be within the CDA in a mixed use
building or outside of the CDA as part of the multifamily project
that triggered the CDA. Waivers of dimensional requirements may be
granted by the permit granting authority for the multifamily project
and the CDA. Unit affordability will be determined by the standards
of the Commonwealth of Massachusetts. Affordable units constructed
will be spread among the market rate units in a project.
(b)
Bedroom Limitation — A maximum of 15%
of the units in a multifamily development can be three bedroom units.
The remaining units in a multifamily development must be either one
or two bedroom units. The Applicant shall provide for the same proportion
of one, two or three bedroom dwelling units for affordable housing
units as for non-affordable units within the development.
11.
Dwelling Unit
Requirements Applicable to Multifamily Dwellings in Area "E".
(a)
Provisions for multifamily dwellings units -
A multifamily project is limited to a maximum of eight (8) units .9
acres of land, and must have 15% of the units as affordable units.
Waivers of dimensional requirements may be granted by the permit granting
authority for the multifamily project. Unit affordability will be
determined by the standards of the Commonwealth of Massachusetts.
Affordable units constructed will be spread among the market rate
units in a project.
(b)
Bedroom Limitations - A maximum of 15% of the
units in a multifamily development can be three bedroom units. The
remaining units in a multifamily development must be either one or
two bedroom units. The Applicant shall provide for the same proportion
of one, two or three bedroom dwelling units for affordable housing
units as for non-affordable units within the development.
8.6.7
Buffering and Landscaping. For the purposes of this
section, the term "buffer zone" shall be defined as a no-disturb zone.
No headstones or burial plots are to be allowed in the buffer zone.
There shall be no cutting of vegetation in the buffer zone without
the express written approval of the Planning Board. Underground public
utilities shall be allowed in the buffer zone.
1.
There shall be at least a one hundred foot buffer
zone along the eastern and southern perimeter of the Wildwood Mixed
Use Special District as depicted on the Design Concept Plan. There
shall be a 50 foot buffer zone for any commercial, mixed use, or municipal
use abutting a residential property along the south side of East Union
Street. Only commercial and/or mixed uses with commercial and residential
components shall be constructed within three hundred (300) feet from
the easterly right-of-way line of Chestnut Street, except that multifamily
dwelling buildings shall be allowed within the area between the southern
boundary of the Property and the road shown as Great Bend Circle on
the subdivision plans endorsed by the Planning Board on July 13, 2000
and recorded with the Middlesex County (Southern District) Registry
of Deeds as Plan 1187 of 2000.
2.
Within the required setbacks set forth in this section
with the exception of s. 8.6.7.1, above, there shall be no development,
other than for access driveways essentially perpendicular to the street,
and no removal of trees having trunk diameter of six (6) inches or
greater, except as essential for access and safe visibility for exiting
vehicles and to remove unhealthy trees and approved by the Planning
Board.
3.
Required yards abutting a public way and required
side and rear yards shall be maintained or landscaped so as to provide
a dense planting of trees and shrubs with an effective height of at
least six (6) feet.
8.6.9
Walkways. 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, recreation and commercial. All land uses shall
be interconnected by walkways and paths within the Wildwood Mixed
Use Special District.
8.6.10
Lighting.
1.
All outdoor lighting shall be designed so as not to
adversely impact surrounding uses while also providing sufficient
level of illumination for access and security purposes. Such lighting
shall not blink, flash, oscillate or be of unusually high intensity
or brightness.
2.
Parking areas shall be illuminated to provide appropriate
visibility and security during hours of darkness.
3.
Any outdoor lighting fixture 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.
4.
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.
5.
A lighting plan showing existing and proposed exterior
lighting, including building and ground lighting; locations, supports,
mounting heights and orientation of all luminaries.
6.
For all luminaries, descriptions and diagrams of physical
configuration and photometric data, such as those available from manufacturers,
indicating fixtures, lamps, reflectors and filter and showing the
angle of light cut-off and light distribution patterns.
7.
To avoid lighting impacts, outdoor lighting fixtures
excluding municipal school outdoor recreational facilities (which
are also subject to review by the Planning Board) shall be mounted
no higher than fifteen (15) feet except for taller fixtures as requested
and approved in writing by the Planning Board which shall be directed
inward to the extent feasible, or otherwise oriented and shielded
to avoid glare on adjoining premises and planting or other screening
used to block headlight glare from drives and parking lots onto adjacent
properties and roadway.
8.6.11
Performance Standards. The performance standards
set forth in Sections 8.6.12 to 8.6.15 are designed to encourage a
high standard of development by providing assurance that uses within
the Wildwood Mixed Use Special District shall be compatible with neighboring
land uses in the vicinity.
8.6.12
Nuisance Standards.
2.
Commercial uses shall be prohibited from 24 hour operation.
Said uses shall be designed to operate with limited hours of operation
from 6:00 AM to midnight so that neighboring residents are not exposed
to offensive noise, especially from traffic or late-night activity.
No amplified music shall be audible to neighboring residents.
[Amended 11-28-2018 STM
by Art. 8]
3.
Common walls between residential and nonresidential
uses shall be constructed to minimize the transmission of noise and
vibration.
8.6.13
Vibration, Smoke, Heat, Glare, and Odor Standards.
1.
Vibration shall not be discernible to any human's
sense of feeling for three (3) minutes in any one (1) hour for a total
of 15 minutes in any one day, or producing an acceleration of more
than one-tenth (0.1) G.
2.
Heat, glare or electrical disturbance shall not be
discernible from the outside of any structure.
3.
Smoke shall not be visible beyond a shade darker than
No. 1 on the Ringelmann Smoke Chart.
4.
Air pollution shall not be detectable for any emission
of solid or liquid particles in concentrations exceeding three-tenths
(0.3) grains per cubic foot of the conveying gas or air at any point.
5.
Emissions shall not endanger human health, or cause
damage to animals, vegetation or property, or cause spillage at any
point beyond the boundaries of the lot.
6.
Odor shall not be detectable by the human senses without
the aid of instruments beyond the structure boundaries of the lot.
8.6.15
Miscellaneous Standards.
1.
The landscape shall be preserved in its natural state
insofar as practicable by minimizing tree and soil removal.
2.
Proposed buildings shall be related harmoniously to
the terrain and to other buildings in the vicinity.
3.
The distance between buildings shall be sufficient
to provide adequate light and air in conformance with the State Building
Code.
4.
Special attention shall be given to location and number
of access points to the streets, general interior circulation, separation
of pedestrian and vehicular traffic and arrangement of parking areas
that are safe and convenient and do not detract from the design of
the proposed building or neighboring properties.
8.6.16
Requirements for Submission of a Site Development Plan. The submission of a Site Development Plan shall meet all criteria set forth in this section and for Site Plan Review in Section 9.4 except that the Special Permit Granting Authority shall be the Planning Board within the Wildwood Mixed Use Special District. Application procedure for residential uses which is additional to other requirements set forth in this chapter. Applicants shall submit to the Planning Board at least five copies of the following:
1.
An application.
2.
A site plan prepared by a registered architect, landscape
architect and civil engineer, showing existing and proposed topography,
proposed structures, drives, parking, landscaping and screening, utilities,
drainage and reserved open space.
3.
A ground floor plan, sections and elevations of all
proposed buildings.
4.
Materials indicating the proposed number of dwelling
units, distinguishing units by number of bedrooms and any special
occupancies (elderly or handicapped); form of tenure and subsidies
anticipated; rent or sales prices, including any commitments for price
ceilings; methods of water supply and sewerage disposal; time schedule
for construction of units and improvements; service improvements proposed
at the developer's and those anticipated at the town's expense; and
means, if any, of providing for design control.
5.
Analysis of the consequences of the proposed development,
evaluating the following impacts at a level of detail appropriate
to the number of units proposed.
6.
Natural environment: groundwater and surface water
quality, groundwater level, stream flows, erosion and siltation, vegetation
removal (especially unusual species and mature trees) and wildlife
habitats.
7.
Public services: traffic safety and congestion, need
for water or sewer system improvements, need for additional public
recreation facilities and need for additional school facilities.
8.
Economics: municipal costs and revenues, local business
activity and local jobs.
9.
Social environment: rate of town population growth
and range of available housing choice.
10.
Visual environment: visibility of buildings and parking
11.
A site analysis shall also be submitted, consisting
of a series of site analysis the same scale as the site plan, each
on a separate sheet, indicating analysis of hydrologic systems, vegetative
cover, slope and land form, soils and geology and such other characteristics
as the applicant deems advisable.
12.
Architectural design of buildings and sign design.
8.6.17
Decision. The approval of the Site Development
Plan shall include such conditions and findings as deemed necessary
by the Planning Board which shall be consistent with this Section,
any covenant granted by the property owner with respect to the property
comprising the Wildwood Mixed Use Special District and the Site and
Design Rules and Regulations of the Planning Board. The approval by
the Planning Board of any Site Development and Use Plan shall be binding
upon the proponent, subject to the proponent's rights of appeal under
state and local laws and regulations.
8.6.18
Security and Work Performed.
1.
Before issuance of the permit, a security pursuant
to state laws in the amount determined by the Planning Board shall
have been posted in the name of the Town assuring construction of
access, utilities and drainage and cleanup following such construction
in compliance with this chapter.
2.
Work covered under the above security shall be done under notification and inspection rules as established in the Ashland Planning Board's Subdivision Regulations (Chapter 344 of the Ashland Code) and the bond shall not be released until all work has been inspected and found to comply with all applicable laws and requirements.
3.
The site shall be so designed that access ways, utilities and drainage serving each structure meet the standards of the Ashland Planning Board's Subdivision Regulations (Chapter 344 of the Ashland Code); visibility of parking areas shall be minimized from public ways or from adjacent premises: lighting of parking areas avoids glare on adjoining premises; major topographic changes and removal of existing trees is avoided; and effective use is made of topography, landscaping and building placement to protect, to the degree feasible, the character of the environs. The Planning Board may waive requirements of the Ashland Planning Board's Subdivision Regulations for a project.
4.
Multifamily dwellings shall be so designed and located
that egress does not create a hazard on any street or create substantial
increase in traffic on any street other than a principal street.
5.
Multifamily dwellings shall be allowed only if connected
to a municipal sewer system.
8.6.19
Development Scheduling. Upon authorization of
multifamily use, the Planning Board shall establish an annual limit
for the number of dwelling units to be authorized taking into consideration
the needs which the housing will serve, the ability of the Town to
provide services in a timely manner, and the financial, fiscal, and
social impacts, and feasibility consequences of the scheduling.
8.7
QUARRY REMEDIATION DISTRICT
8.7.1
Purpose. The purpose of this Quarry Remediation District
is to:
1.
promote the utilization of the best available mining
technologies to construct suitable benches at the outer edges of open
mining pits;
2.
reduce erosion of topsoil and the subsequent sedimentation
of surface water bodies;
3.
promote re-vegetation of disturbed areas; and,
4.
prevent blight and the pollution of the environment.
8.7.2
Scope and Authority. The Quarry Remediation District
shall be considered as overlaying other zoning districts. Any uses
permitted in the portions of the district so overlaid shall be permitted,
but only subject to the provisions of this Section.
8.7.3
District Delineation. The Quarry Remediation District
is defined as all lands within the Town of Ashland lying within that
area designated as the "Quarry Remediation District" as depicted on
the Plan of Land entitled "Ashland Quarry Closure Plan Showing Property
Lines, Proposed Quarry Remediation District Delineation and Zoning
Boundaries in Ashland and Hopkinton, Mass." drawn by Norwood Engineering
Co., Inc., Consulting Engineers and Land Surveyors, dated February
27, 1998, prepared for the Ashland Planning Board, which plan is on
file in the offices of the Planning Board and Town Clerk. The Quarry
Remediation District is hereby incorporated as part of the "Zoning
Map of Ashland, Massachusetts, revised through May, 1998," on file
in the office of the Town Clerk.
8.7.4
Permitted Uses. The following uses shall be permitted
within the Quarry Remediation District provided that such uses shall
comply with all applicable local, state and federal laws as a matter
of right. These uses shall only be permitted for so long as stone
extraction is permitted in the Quarry Remediation District as shown
on the above referenced plan.
1.
Mining of rock, drilling and blasting and all procedures
included thereto;
2.
Transport of excavated stone by vehicle or conveyor
to a processing plant;
3.
Crushing, screening and washing of stone; and,
4.
Maintenance, removal, repair and replacement of all
mining equipment.
The following uses shall be permitted within
the Quarry Remediation District as of right without reference to termination
of mining activities:
|
5.
Conservation of soil, water, plants and wildlife;
6.
Outdoor recreation, nature study; and,
7.
Proper operation of existing water bodies, other water
control and conservation devices.
8.7.6
Restrictions. The following restrictions exist within
the Quarry Remediation District:
1.
At all times, there shall be erected and maintained
a security fence around the northerly perimeter of the Quarry Remediation
District; and,
2.
All areas remaining exposed after mining has been
terminated and which are not below water level shall be covered with
six to eight inches of good quality topsoil and planted with cover
vegetation adequate to prevent soil erosion.
8.7.7
Violations. Written notice of any violations of this
section shall be given by the Building Inspector/Zoning Enforcement
Officer to the responsible person as soon as possible after detection
of a violation or a continuing violation. Notice to the assessed owner
of the property shall be deemed notice to the responsible person.
Such notice shall specify the requirement or restriction violated
and the nature of the violation, and may also identify the actions
necessary to remove or remedy the violation(s) and preventive measures
required for avoiding future violations and a schedule of compliance.
A copy of such notice shall be submitted to the Select Board and Town
Manager. The cost of containment, cleanup, or other action of compliance
shall be borne by the owner and operator of the premises.
[Amended 11-20-2019 STM, Art. 14]
8.7.8
Enforcement. For situations that require remedial
action to prevent adverse impact to the resources within the Quarry
Remediation District, the Town of Ashland, Building Inspector/Zoning
Enforcement Officer, or any of their agents, if authorized to act,
shall proceed to enforce such order as provided by law. The remediation
cost shall be the responsibility of the owner and operator of the
premises.
8.8
Pond Street
Mixed Use Overlay District.
[Added 5-6-2009 ATM, Art. 28]
1.0
Purpose. The purpose of establishing the "Pond Street
Mixed Use Overlay District" (PSMUOD) Zoning Bylaw is to promote economic
development, encourage more efficient use of infrastructure, add vitality
to the corridor and provide better access to employment opportunities
and services by allowing high density mixed residential and commercial
uses within the same building. The benefits of the PSMUOD Bylaw accrue
only to those parcels located entirely within the boundaries of the
PSMUOD. The PSMUOD shall hereby be established as designated on the
zoning map dated, May 6, 2009.
2.0
Relationship to Underlying Districts
and Regulations. The PSMUOD shall overlay the underlying districts
so that any parcel of land lying in the PSMUOD also lies in one or
more of the other zoning districts in which it was previously classified,
as provided for in the Ashland Zoning Bylaws. The underlying zoning
district permitted or allowed uses remain permitted or allowed. Any
development proposed under the PSMUOD bylaw is not subject to the
regulations of the underlying zoning district.
3.0
Special Permit Granting Authority. Any
development pursuant to the PSMUOD by-law shall be allowed only by
special permit. The Planning Board is hereby designated as the Special
Permit Granting Authority (SPGA) in the PSMUOD. A super majority shall
be required for plan approval. All Special Permit applications made
pursuant to the PSMUOD by-law shall conform to the standards and criteria
and procedural provisions of the PSMUOD by-law and all relevant procedural
provisions in the current Ashland zoning by-laws. Said Special Permit
may be issued subject to such conditions as the Planning Board may
deem appropriate to protect the public interest and to ensure that
development to the PSMUOD will be consistent with the purpose of this
Section and the controls set forth herein.
4.0
Development Criteria. In addition to
the specific requirements contained within this Bylaw, the Ashland
Planning Board shall issue a special permit for development within
the PSMUOD only after consideration of the following:
1.
Adequacy of the site in relation to the size of the proposed structure(s);
2.
Adequacy of the provision of open space, its accessibility to the
general public, and/or its association with adjacent or proximate
open space areas;
3.
Suitability of the site for the proposed use(s);
4.
Impact on traffic, pedestrian flow and safety and access for emergency
vehicles;
5.
.Impact on the visual character of the neighborhood;
6.
Adequacy of utilities, including sewage disposal, water supply and
storm water drainage;
7.
Degree to which the proposed project complies with the stated purpose
of this bylaw;
8.
Impact of the proposal on the existing mix of structures and businesses
in the PSMUOD.
5.0
Permitted Uses. Within the PSMUOD, the
Planning Board may issue a special permit for the following uses either
solely or in combination:
5.1
Residential.
1.
Dwelling units located above or adjacent to a building containing
non-residential uses.
2.
Dwelling units above or adjacent to non-residential uses may be connected
for access if both are owned by the same entity and occupied by the
owner or manager of the business
3.
Special use provisions: Ground floor uses
a)
Ground floors of buildings which front on streets shall be reserved
for non residential uses except as specified below
b)
Dwelling units shall be allowed on ground floors of buildings only
where:
•
|
the building is set behind another building which has non-residential
uses on the ground floor; or
| |
•
|
the residential portion of the first floor of a building is
set behind street-front non-residential uses within the same building;
or
| |
•
|
in other cases where the SPGA feels that street-front residential
uses will not have an adverse impact on the continuity of the non-residential
street front uses.
|
5.2
Non-Residential
1.
Retail stores, including salesrooms and showrooms, general or personal
service establishments, business and professional offices, executive
and administrative offices, and banks
2.
Drive through service windows.
3.
Non-noxious light industrial/manufacturing uses.
4.
Research/development and biotech uses.
5.
All uses allowed by right or by special permit in the underlying
zoning district.
6.0
Dimensional Regulations
1.
Minimum Lot Size
2.
Minimum Lot Frontage. Minimum lot frontage is one hundred fifty (150')
feet with at least one means of ingress/egress.
3.
Density. One residential dwelling unit per 2,000 sf. of "buildable
lot area."
5.
Display/Storage. No storage or permanent display of goods, products,
materials or equipment, vending machines or similar commercial devices
shall be located nearer to the line of any street than the permitted
setback distance for a building on the lot.
6.
Height Regulations. Building heights up to five (5) stories are allowed
in the PSMUOD, and, as a development incentive, the SPGA may allow
buildings higher than five (5) stories if the developer can demonstrate
to the SPGA's satisfaction, that the increased height is in keeping
with the purpose of the bylaw.
7.
Common Open Land.
1.
The developer is encouraged to have Common Open Land for use by the
general public. The Common Open Land shall have a shape, dimension,
character and location suitable to assure its use for park or open
space purposes by the general public.
2.
The SPGA may permit a density bonus of one (1) dwelling unit per
2,000 sf of Common Open Land provided the area of Common Open Land
shall equal at least ten (10) percent of the total parcel area.
3.
Any required takings for Right of Way (ROW) improvements including
sidewalks along a public street, will not impact the minimum required
"buildable lot area" for the development and may be included in the
Common Open Land calculation if said land is transferred to the Town
or State, as appropriate, free of charge.
7.0
Affordable Housing.
1.
As a condition of the grant of
any special permit in the PSMUOD creating more than ten (10) residential
units, a minimum of the following total number of dwelling units shall
be restricted as affordable for a period of not less that ninety-nine
(99) years. Fractions of .49 or less shall be rounded down and .50
or more rounded up. The form of the ninety-nine year restriction shall
be approved by legal counsel to the SPGA, and a right of first refusal
upon the transfer of such restricted units shall be granted to the
Town of Ashland for a period of not less than 90 days after notice
thereof.
a.
10% of the units shall be affordable to persons or families qualifying
as low to moderate income. Low to moderate income shall mean affordable
to persons whose annual income does not exceed eighty percent (80%)
of the Area Median Income, adjusted for family size, as determined
by the U.S. Department of Housing and Urban Development.
b.
The SPGA may grant a density bonus in the event the developer proposes
more affordable units than required. Said bonus shall be negotiated
between the SPGA and developer.
2.
The affordable units shall be developed under the Local Initiative
Program of the Massachusetts Department of Housing and Community Development
or another subsidy program that allows housing to count towards the
statutory affordable housing requirement of Chapter 40B of Massachusetts
General Laws.
3.
The affordable units must be subject to use restrictions, deed restrictions,
or other legally binding instruments to ensure that the units remain
affordable and available for the term, exclusively to people with
qualifying incomes. The units must be sold or rented on a fair and
open basis, and the owners of the units must adopt an affirmative
fair marketing plan.
4.
Affordable residential units shall be subject to a deed rider to
ensure continued compliance with these provisions. The Town may require,
for itself or its designee, an option to purchase or lease affordable
units for rents, sale prices, or resale prices that are affordable
to eligible households. The option shall apply to the initial and
any subsequent sale or lease of affordable units.
8.0
Parking Requirements. In the PSMUOD,
off street parking shall be provided as follows:
1.
For dwelling units, one (1) parking space per each studio or one
bedroom unit and one and one half (1 1/2) parking spaces per
each unit having two bedrooms or more.
2.
For non-residential uses, one parking space for each two hundred
and fifty (250) square feet of gross floor area. For the purpose of
this section, "gross floor area" means the total floor area contained
within exterior walls, but does not include basement space used for
heating and utilities, storage or for automobile parking.
3.
Uses not listed in this section shall comply with the parking space
requirements of the Ashland Zoning Bylaws.
4.
In the case of mixed uses, the parking spaces required shall be the
sum of the requirement for the various individual uses, computed separately
in accordance with this section. Parking spaces for one use shall
not be considered as providing the required parking spaces for any
other use unless it can be clearly demonstrated to the SPGA that the
need for parking occurs at different times, in which event the SPGA
may waive this requirement.
5.
Off-street automobile parking spaces, to the extent required in this
section, may be provided either on the same lot or premises with the
parking generator or on any lot or premises associated therewith a
substantial portion of which is within three hundred (300) feet of
the generator.
6.
Off-street parking facilities and connecting drives between such facilities and the street shall be designed to insure the safety and convenience of persons traveling within or through the parking area, and between the parking facility and the street. The provisions of Section 5.1 of the Ashland Zoning By-laws, entitled: "Off Street Parking Requirements," shall be considered the minimum criteria for evaluating such design.
9.0
Review Standards. The Review Standards
are established for the accomplishment of the following purposes:
•
|
Ensure that the PSMUOD's becomes a unique and identifiable place
and destination for residents, visitors and business affairs;
| |
•
|
Enhance the social and economic viability of the PSMUOD by preserving
property values and promoting the attractiveness of PSMUOD as a place
in which to live, work, visit and shop;
| |
•
|
Enhance the PSMUOD's economic resources;
| |
Promote and encourage building design and building alterations
that are of high quality and appearance;
| ||
Promote flexibility in and variety of development to enhance
the natural and aesthetic qualities of the PSMUOD.
|
9.1
Administrative Procedures.
a)
All applications made pursuant to the PSMUOD by-law shall be subject
to Design Review by the SPGA in accordance with the following Design
Review Standards:
1.
Scale.
a)
Buildings shall relate well to the pedestrian scale. Include
appropriate architectural details to add visual interest to all facades
that face streets, pedestrian pathways, parking lots, or other significant
pedestrian spaces;
b)
Continuous length of flat, blank walls adjacent to streets,
pedestrian pathways, or open spaces is discouraged.
2.
Entrances
a)
For visibility and accessibility, all primary commercial and
residential building entrances shall be visible from either the right-of-way
or the parking area, and shall have an entrance directly accessible
from the sidewalk.
b)
Air Lock entrances shall not extend beyond the exterior facade
into pedestrian pathways.
c)
Where parking is located to the rear of a building, entrances
to dwelling units within the building are to be visible and accessible
from the parking lot. All entrances are to have sufficient illumination
at night.
3.
Architectural Details – Existing Buildings. If a proposed development
includes alteration of, or addition to, an existing building, the
change shall employ materials, colors, and textures as well as massing,
size, scale and architectural features which show consideration for
the original structure, if applicable and appropriate. Distinctive
features, finishes and construction techniques or examples of craftsmanship
that characterize a building shall be preserved whenever possible,
if applicable and appropriate.
4.
Exterior Materials and Appearance.
a)
Ground floor portions of commercial building facades facing
streets, squares, or other significant pedestrian spaces shall contain
transparent windows encompassing a minimum of 50% of the facade surface.
b)
Predominant wall materials are encouraged to have the appearance
of wood, brick, stone or EIFS (stucco).
5.
Roof form.
a)
New construction may incorporate flat or pitched roofs.
b)
Flat roofs shall be concealed with parapets along the front
and sides of the structures and shall not include scuppers or downspouts
that outlet above ground level directly into any pedestrian ways.
c)
Mechanical equipment shall be screened, organized and designed
as a component of the roofscape, and not appear to be a leftover or
add-on element.
6.
Service Areas, Utilities and Equipment. Service and loading areas
and mechanical equipment and utilities shall be unobtrusive or sufficiently
screened so that they are not visible from streets or primary public
open spaces and shall incorporate effective techniques for noise buffering
from adjacent uses.
9.1
ENFORCEMENT
9.1.1
Building Inspector. This By-Law shall be enforced
by the Building Inspector. The Building Inspector shall take such
action as may be necessary to enforce full compliance with the provisions
of the chapter and of permits and variances issued hereunder, including
notification of noncompliance and request for legal action through
the Selectmen to the Town Counsel.
9.1.2
Compliance. Buildings, structures, signs or land may
not be erected, substantially altered, moved or changed in use without
certification by the Building Inspector that such action is in compliance
with then applicable zoning or without review by him/her regarding
whether all necessary permits have been received from those governmental
agencies from which approval is required by federal, state or local
law. Issuance of a building permit or certificate of use and occupancy,
where required under the Commonwealth of Massachusetts State Building
Code may serve as such certification.
9.1.3
Permit Responsibility. Responsibility for obtaining
permits and certification shall be that of the owner of the premises.
9.1.4
Violations and Penalties; Criminal Disposition. Any person violating any provision of this bylaw except Section 5.3 shall be fined, if convicted, according to the following schedule:
First offense:
|
$100.00
| ||
Second offense:
|
$200.00
| ||
Third and each succeeding offense:
|
$300.00
| ||
| |||
Any person violating any provision of Section 5.3 shall be fined, if convicted, according to the following schedule:
| |||
| |||
First offense:
|
$25.00
| ||
Second offense:
|
$50.00
| ||
Third offense:
|
$100.00
| ||
Subsequent offenses:
|
$200.00
| ||
Each day or part thereof in violation of any
provision of this chapter, whether such violation is continuous or
intermittent, shall constitute a separate and succeeding offense.
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9.1.5
Violations and Penalties; Non-Criminal Disposition. Violations by any person of any provisions of this bylaw except § 5.3 may be processed pursuant to G.L. Chapter 40, s. 21D. Fines for violations shall be assessed according to the following schedule:
First offense:
|
$100.00
| ||
Second offense:
|
$200.00
| ||
Third and each succeeding offense:
|
$300.00
| ||
| |||
Any person violating any provision of § 5.3 shall be fined, if convicted, according to the following schedule:
| |||
| |||
First offense:
|
$25.00
| ||
Second offense:
|
$50.00
| ||
Third offense:
|
$100.00
| ||
Subsequent offenses:
|
$200.00
| ||
| |||
Each day or part thereof of violation of any
provision of this chapter, whether such violation is continuous or
intermittent, shall constitute a separate and succeeding offense.
Enforcement of this bylaw under the Non-Criminal Disposition process
shall be carried out by the Zoning Enforcement Officer, the Assistant
Zoning Enforcement Officer, any person having police powers, or other
person so designated by the Town Manager.
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9.2
BOARD OF APPEALS
9.2.1
Establishment. The Board of Appeals shall consist
of three (3) members and four (4) associate members, who shall be
appointed and act in all matters under this chapter in the manner
prescribed by G.L. Chapter 40A and 41, as amended.
9.2.2
Powers. The Board of Appeals shall have and exercise
all the powers granted to it by Chapters 40A, 40B, and 41 of the General
Laws and by this By-Law. The Board's powers are as follows:
1.
To hear and decide applications for special permits.
Unless otherwise specified herein, the Board of Appeals shall serve
as the special permit granting authority.
2.
To hear and decide appeals or petitions for variances
from the terms of this By-Law, with respect to particular land or
structures, as set forth in G.L. c. 40A, s. 10. The Board of Appeals
shall not grant use variances.
3.
To hear and decide appeals taken by any person aggrieved
by reason of his inability to obtain a permit or enforcement action
from any administrative officer under the provisions of G.L. c. 40A,
ss. 8 and 15.
4.
To hear and decide comprehensive permits for construction
of low or moderate-income housing by a public agency or limited dividend
or nonprofit corporation, as set forth in G.L. c. 40B, ss. 20-23.
9.2.3
Regulations. The Board of Appeals may adopt rules
and regulations for the administration of its powers.
9.2.4
Fees. The Board of Appeals may adopt reasonable administrative
fees and technical review fees for petitions for variances, administrative
appeals, and applications for comprehensive permits.
9.3
SPECIAL PERMITS
9.3.1
Special Permit Granting Authority. Unless specifically
designated otherwise, the Board of Appeals shall act as the Special
Permit Granting Authority.
9.3.2
Criteria. Special permits shall be granted by the
Special Permit Granting Authority, unless otherwise specified herein,
only upon its written determination that the adverse effects of the
proposed use will not outweigh its beneficial impacts to the town
or the neighborhood, in view of the particular characteristics of
the site, and of the proposal in relation to that site. In addition
to any specific factors that may be set forth in this By-Law, the
determination shall include consideration of each of the following:
1.
Community needs served by the proposal;
2.
Traffic flow and safety, including parking and loading;
3.
Adequacy of utilities and other public services;
4.
Neighborhood character and social structures;
5.
Impacts on the natural environment; and
6.
Potential fiscal impact, including impact on town
services, tax base, and employment.
9.3.3
Procedures. An application for a special permit shall
be filed in accordance with the rules and regulations of the Special
Permit Granting Authority.
9.3.4
Conditions. Special permits may be granted with such
reasonable conditions, safeguards, or limitations on time or use,
including performance guarantees, as the Special Permit Granting Authority
may deem necessary to serve the purposes of this By-Law.
9.3.5
Plans. Unless otherwise provided by rule or regulation of the special Permit Granting Authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 9.4, herein.
9.3.6
Regulations. The special permit granting authority
may adopt rules and regulations for the administration of this section.
9.3.7
Fees. The special permit granting authority may adopt
reasonable administrative fees and technical review fees for applications
for special permits.
9.3.8
Lapse. Special permits shall lapse if a substantial
use thereof or construction thereunder has not begun, except for good
cause, within 24 months following the filing of the special permit
approval (plus such time required to pursue or await the determination
of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof)
with the Town Clerk.
9.3.9
Priority
Development Site(s). An application for a special permit required
in connection with the development of a Priority Development Site
(PDS) shall be submitted simultaneously with any other permit application(s)
required by the Code of the Town of Ashland, including these Zoning
By-laws, relating to the use or development of the PDS or the buildings
and/or structures located thereon, and not otherwise exempted by G.L.
c. 43D, and a decision thereon shall be rendered no later than one
hundred eighty (180) days from said date of submittal. Review of an
application for a special permit shall be combined with any other
review(s) required of the Special Permit Granting Authority (SPGA).
Where the Board of Appeals is designated as the SPGA and said other
review(s) are required of the Planning Board, or where the Planning
Board is designated as the SPGA and said other review(s) are required
of the Board of Appeals, all reviews shall occur at joint session(s)
of those Boards, when feasible.
[Added 5-5-2010 ATM, Art. 17]
9.4
SITE PLAN REVIEW
9.4.1
Applicability. Site plan review shall apply to:
1.
The construction of a commercial or industrial structure
in the Commercial A, Commercial B or Industrial Zoning District;
2.
The enlargement of floor area or change of use of
a commercial or industrial structure in the Commercial H, Commercial
D or Industrial Zoning District;
3.
The change of use of a residential structure in the
Commercial H, Commercial D or Industrial Zoning District;
4.
The construction, exterior alteration or change of
use of a structure in the Commercial H or D Zoning District so as
to contain a mixture of residential and nonresidential uses;
5.
The construction or erection of buildings or accessory
structures (whether otherwise allowed by right or by special permit),
except for single family homes and their accessory structures, including
the enlargement or change in location of the exterior walls so as
to increase the building footprint by ten (10%) or more, or increase
its gross floor area by more than twenty-five percent (25%) whether
or not accompanied by exterior construction except in conformity with
a site plan bearing an endorsement of approval by the Planning Board.
6.
The physical expansion of a parking area by ten percent
(10%) or more; changes in use resulting in an increase in parking
area requirements greater than or equal to six (6) spaces; new or
expanded.
7.
All applications for building permits including six
(6) or more parking spaces, unless a site plan and design plan review
have been endorsed by the Planning Board after consultation with other
boards, departments and committees, including but not limited to the
following: Inspector of Buildings, Board of Health, Select Board,
Town Planner, Town Engineer, Water and Sewer Commission, Town Manager,
Conservation Commission, Highway Department, Fire Department, Police
Department and Technical Review Committee.
[Amended 11-20-2019 STM, Art. 14]
No building permit shall be issued for the construction
of any of the above without site plan review approval and design plan
approval.
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9.4.2
Purpose. The purpose of site plan review is to further
the purposes of this chapter and to ensure that new development is
designed in a manner which reasonably protects safety or internal
circulation and egress, provides adequate access to each structure
for fire and service equipment, assures adequate utility service and
drainage, protects visual and environmental qualities and protects
the property values in the town. Site plan review and design plan
review are intended to require plan submittal for review by the Planning
Board or its designee, as advisory to the Building Inspector and the
Special Permit Granting Authority (SPGA), prior to the issuance of
a building or special permit.
1.
The purpose of Design Plan Review is to provide detailed
review of uses and structures having a substantial impact upon the
character of the Town; to prevent blight; to enhance the natural and
aesthetic qualities of the Town; to conserve the value of land and
buildings; to protect and preserve the historic and cultural heritage
of the Town; and to promote design which is compatible with present
character of the Town.
9.4.3
Application.
1.
Site plan review, design plan review and approval
shall occur prior to the application for a building permit.
2.
Prior to official application to the Planning Board,
all requests for waivers from the provisions of this section shall
be made, in writing, to the Planning Board for its review and decision.
The Planning Board shall issue a written statement specifying waivers
and/or additional information that must be included with the application
within a fourteen-day period from the date of the first Planning Board
meeting that follows the written waiver or condition request.
3.
Incomplete applications shall not be accepted by the
Planning Board. Following submission of an application to the Planning
Board, the Board or its agent shall review the application for completeness
within three (3) business days of the submission. Completeness shall
be based on the requirements of Subsection D(1) as modified by the
Planning Board in its pre-application review. If determined incomplete
by the Planning Board or its agent, the applicant shall be notified
by certified mail that the plan in not accepted due to incompleteness.
4.
Each application for site plan review and design plan
review shall be submitted to the Planning Board by the current owner
of record or by a prospective buyer with a signed agreement to purchase,
accompanied by six (6) paper copies of the site plan at 24 x 36 and
six (6) copies at 11 x 17. The Town Planner may reduce the number
of copies as he/she deems necessary and appropriate. PDFs of the application,
site plan, and all other associated documents shall also be emailed
to the Town Planner.
[Amended 5-7-2014 ATM, Art. 23]
5.
The Planning Board may require with any submission
a payment sufficient to cover any expenses connected with a public
informational meeting, review of plans, inspection services or on-site
monitoring or installation of utilities as designated, including the
cost of any engineering or planning consultant services necessary
for review and/or determination of compliance with the construction
standards adopted by the Planning Board as part of its rules and regulations.
Such standards shall govern all construction in support of the aforesaid
purposes, unless waived by the Planning Board. Said fees may be described
in the Planning Board's fee schedule as periodically amended and available
for public review in the Town Clerk's office. The Planning Board or
its designee may communicate directly with the proponent in all matters
concerning site plan review and may solicit comments from any party
as it deems necessary.
6.
For any
project located on a Priority Development Site (PDS) and requiring
site plan review, design plan review and approval hereunder, an application
therefor shall be submitted simultaneously with any other permit application(s)
required by the Code of the Town of Ashland, including these Zoning
By-laws, relating to the use or development of the PDS or the buildings
and/or structures located thereon, and not otherwise exempted by G.L.
c. 43D. Site plan and design plan review shall be combined with any
other review(s) required of the Planning Board; where the Board of
Appeals is responsible for said other review(s), all reviews shall
occur at joint session(s) of the Planning Board and the Board of Appeals,
when feasible.
[Added 5-5-2010 ATM, Art. 17]
9.4.4
Required Site Plans and Design Plan Review Contents.
All site plans shall be prepared by a registered architect, landscape
architect or professional engineer, unless this requirement is waived
by the Planning Board because of unusually simple circumstances. The
construction standards set forth in the Planning Board's Regulations
Governing the Subdivision of Land, or the standards otherwise adopted
by the Planning Board as part of its rules and regulations, shall
govern all construction, unless waived by the Planning Board. The
Planning Board may waive any information requirements it judges to
be unnecessary to the review of a particular plan. All site plans
shall be on standard twenty-four-by-twenty-six-inch sheets and shall
be prepared at a minimum scale of one (1) equals forty (40) feet or
as approved by the Planning Board or its agent and shall show:
1.
The location and boundaries of the lot and adjacent
streets or ways and the location and owners' names of all adjacent
properties.
2.
Existing and proposed topography, including contours,
the location of the wetlands (as defined by the Massachusetts Wetlands
Protection Act), streams, water bodies, drainage swales, areas subject
to flooding and unique natural land features.
3.
Existing and proposed structures, including dimensions
and elevations.
4.
The location of parking and loading areas, driveways,
walkways, access and egress points, curb cuts, handicapped spaces
and fire lanes. Such information shall be provided on a separate sheet
which also depicts and assures accessibility and travel flow compatibility,
using recognized standards (DOT), for all types of vehicles intended
to utilize the proposed site.
5.
The location and description of all proposed septic
systems, water supply, storm drainage systems, utilities and refuse
and other waste disposal methods, including compactors, dumpsters
and the equivalent.
6.
Proposed landscape features, including the location
and description of screening, fencing and plantings.
7.
The location, dimensions, height and characteristics
of proposed signs.
8.
The location and description of all outdoor and streetlighting,
including methods of screening adjacent properties and public ways
from glare.
9.
The location and description of proposed open space
or recreation areas, if provided.
10.
In the case of commercial or industrial projects,
information on the types of business that may be operating on the
property, so as to plan accordingly for the needs of specific types
of businesses. In the case of projects where it is unclear what specific
use will be involved, the applicant shall be required to provide information
on the general characteristics to which uses on the site shall conform.
11.
A construction timetable indicating estimated startup
and completion dates.
12.
An architectural rendering and/or cross-section of
the development shall be submitted.
13.
A separate Project Narrative that includes a description of the proposed
uses and a written summary of the site plan.
[Added 5-2-2018 ATM,
Art. 24]
9.4.5
Procedures for Site Plan Review and Design Plan Review.
1.
The maximum period of review and decision for site
plans and design plan reviews shall be one hundred twenty days (120)
days from the date of submittal of a complete application, unless
the review period is extended by mutual agreement of the Planning
Board and applicant. Failure by the Planning Board to vote a decision
before the end of the review period shall be deemed approval of the
plan.
[Amended 5-7-2014 ATM, Art. 23]
2.
The Planning Board shall within seven (7) days from
the date of submittal of a complete application transmit one (1) 24
x 36 paper copy of the site plan to the Board of Health, Building
Inspector, Conservation Commission, and Department of Public Works,
and one (1) 11 x 17 paper copy to the Fire and Police Departments.
Any comments and recommendations shall be issued to the Town Planner
within seven (7) days of receipt of the abovementioned materials.
[Amended 5-7-2014 ATM, Art. 23]
3.
The Planning Board may hold a fact-finding and public
information meeting within thirty (30) days of the receipt of an application.
The applicant or his agent shall attend such a meeting in order to
assist the Planning Board in responding to public questions and concerns.
Failure to attend shall be deemed lack of compliance with the requirements
of this chapter.[1]
[1]
Editor’s Note: Former Subsection 9.4.5.4, concerning
time limits for decisions for projects in a priority development site
(PDS), added 5-5-2010 ATM, Art. 17, was repealed 5-7-2014 ATM, Art.
23.
9.4.6
Site Plan Review Criteria and Design Plan Review;
General Criteria. The following criteria shall be considered by the
aforementioned Boards in the review and evaluation of a site plan,
consistent with a reasonable use of the site for the purposes permitted
or permissible by the regulations of the district in which it is located.
If the proposal also requires a special permit, it must conform to
the special permit requirements set forth herein. The development
shall be integrated into the existing terrain and surrounding landscape
and shall be designed to protect abutting properties and community
amenities. Before approval of a site plan, the Planning Board may
request the applicant to make modifications in the proposed design
of the project to ensure that these criteria are met. Site plans shall,
to the extent feasible:
1.
Minimize use of wetlands, steep slopes, floodplains
and hilltops;
2.
Minimize obstruction of scenic views;
3.
Preserve unique natural or historical features;
4.
Minimize tree, vegetation and soil removal and grade
changes;
5.
Maximize open space retention;
6.
Screen objectionable features from neighboring properties
and roadways.
7.
Consideration shall be given to the impacts of the
project on town services and infrastructure.
8.
Electric, telephone, cable television, gas, water,
sewer, drainage and other such utilities shall be underground except
in cases of extreme physical and environmental constraints.
9.
Exposed storage areas, machinery, service areas, truck
loading areas, utility buildings and structures and other unsightly
uses shall be set back or screened to protect the neighbors and those
using public ways from objectionable features. Such areas shall not
impede the flow of traffic on public ways.
10.
When applicable, the site plan shall show measures
to reduce and abate noise generated from the site that will impact
surrounding properties.
11.
The site plan shall comply with all zoning requirements
for parking, loading, signage, dimensions and environmental performance
standards and all other provisions of this By-law.
12.
The site plan shall be consistent with the objectives
of the Comprehensive Plan and other applicable specific plans adopted
by the Planning Board.
9.4.7
Building Design. For all buildings other than single-
and two-family structures, consideration should be given to architectural
style and its relation to the prevailing character and scale of buildings
in the neighborhood and the town. Factors to be considered include
the use of appropriate building materials, screening, breaks in roof
and wall lines and other architectural techniques. Variation in detail,
form and sitting should be used to provide visual interests and to
avoid monotony. Proposed buildings shall relate harmoniously to each
other with adequate light, air, circulation and separation between
buildings.
9.4.8
Traffic. The plan shall maximize the convenience and
safety of vehicular and pedestrian movement within the site, in relation
to abutting properties and in relation to adjacent ways. On-site areas
for loading, unloading and storage shall not impede the flow of traffic
on streets. In cases where the Planning Board deems it necessary to
have a professional traffic analysis, such analysis shall describe
estimated average daily and peak hour vehicle trips to be generated
by the site and traffic flow patterns for vehicles and pedestrians
showing adequate access to and from the site and adequate circulation
within the site. An analysis of traffic data (as is reasonably available
from public agencies and departments) or all relevant intersections
shall also be provided by the applicant. Plans shall demonstrate efforts
to minimize the number of curb cuts. Parking plans shall maximize
the extent to which employee parking is provided by the applicant
so as not to overburden public parking facilities.
9.4.9
Water. The site plan shall show adequate measures
to prevent pollution of surface or ground water, to minimize erosion
and sedimentation and to prevent changes in groundwater levels, increased
volume and rate of runoff and potential for flooding. Drainage shall
be designed so that runoff shall not be increased in rate or volume,
groundwater recharge is maximized and neighboring properties will
not be adversely affected.
9.4.10
Landscaping. Landscape shall be preserved in
its natural state, insofar as practicable, by minimizing tree and
soil removal, and any grade changes shall be in keeping with the general
appearance of neighboring developed areas and shall be related harmoniously
to the terrain and to the use.
1.
Site shall be developed in a coordinated manner to
complement adjacent structures through placement, architecture, colors,
and size/mass.
2.
Whenever possible, buildings on the same site should
be clustered and incorporate plazas, courtyards, pocket parks, and
other pedestrian use areas.
3.
Provide unity of design through repetition of plans
and coordination with adjacent developments.
4.
Landscape materials should be hardy species that are
adaptable to local conditions, easily maintained and drought tolerant.
Use of native plants is strongly encouraged.
5.
Landscape treatment should be provided to enhance
the building design and other site improvements.
9.4.11
Buildings. Sites should be developed in a coordinated
manner to complement adjacent structures through placement architecture,
colors, size, mass. Proposed buildings shall be related to their surroundings
with respect to height, street facade, rhythm of solids and voids;
spacing of buildings or signs; materials, textures, and color, roof
slopes, and scale. All exterior building components including windows,
doors, eaves, and parapets are to be included as elements of building
design. Excessive brilliance or brightness shall be avoided except
where that would enhance the character of the area. Mechanical equipment
or other utility hardware on the roof, grounds or buildings shall
be screened from view.
1.
Building shall reflect an individual design that has
considered site location, conditions, and surrounding development.
Building design should provide a sense of permanence and timelessness.
High quality construction and materials should be used to ensure that
buildings will not look dated or worn down over time.
2.
A consistent visual identity shall be applied to all
sides of buildings visible to the general public. In these areas,
all building sides shall have an equivalent level of quality of materials,
detailing, and window placement. Abrupt ending of architectural details
shall be avoided with no radical change in details, features, or materials.
3.
Building design shall incorporate traditional building
materials such as masonry, stone, heavy timbers, brick, and other
natural appearing materials.
9.4.12
Final Action. The Planning Board's final action
shall consist of:
1.
A stamped determination that the proposed project
will constitute a suitable development and is in compliance with the
criteria set forth in this chapter; and
2.
Written approval subject to any conditions, modifications
and restrictions as the Planning Board may deem necessary, filed with
the Town Clerk; or
3.
A written denial of the application stating reasons
for such denial and the specific changes required in the site plan
in order to receive site plan approval. Any such denial shall refer
to the site plan review criteria that are inadequately met in the
plan and the expected negative impacts thus resulting.
9.4.13
Enforcement.
1.
Construction that does not comply with the site plan
approved under this section shall be deemed to be in violation of
this chapter, and as such shall be subject to fines and legal processes
so authorized.
2.
The Planning Board may recommend the posting of a
performance guaranty to assure compliance with the plan and conditions.
3.
Construction inspections in support of the purposes
of site plan review and design plan review shall be carried out by
an agent designated by the Planning Board, and all such costs shall
be borne by the proponent, as aforesaid.
4.
Prior to the use and occupancy of the project, all
construction in support of the purposes of site plan and design plan
review conditions shall be completed according to the approved plan.
This includes maintenance of final grades and elevations as depicted,
and the placement of hydrants according to Fire Department regulations.
The Planning Board may require an as-built plan drawn in conformance
with the standards adopted by the Planning Board as part of its rules
and regulations.
9.4.14
Lapse. Site plan approval shall lapse after
two years from the grant thereof if a substantial use thereof has
not sooner commenced except for good cause. Such approval may, for
good cause, be extended in writing by the Board upon the written request
of the applicant.
9.4.15
Regulations. The Board may adopt reasonable
regulations for the administration of site plan review.
9.4.16
Fee. The Board may adopt reasonable administrative
fees and technical review fees for site plan review.
9.4.17
Appeal. Any decision of the Planning Board pursuant
to this Section shall be appealed in accordance with G.L. c. 40A,
s. 17 to a court of competent jurisdiction.
9.5
PLANNING BOARD ASSOCIATE MEMBER
9.5.1
Applicability. In cases where the Planning Board is
designated as the Special Permit Granting Authority in specific sections
of this Bylaw, one (1) associate member shall be authorized as provided
for in Section 9 of G.L. Chapter 40A.
9.5.2
Initial Appointment. The Select Board and Planning
Board shall appoint an associate member by majority vote of the combined
membership of both boards, sitting and voting. A majority of each
board shall be required to sit and vote.
[Amended 11-20-2019 STM, Art. 14]
9.5.3
Term of Office. Initially an associate member shall
be appointed for a term expiring on June 30, 1999. Thereafter, the
term of an associate member shall be for three (3) years.
9.5.4
Vacancy. In the event of a vacancy in the position
of associate member, the position shall be filled in the same manner
as outlined herein. The term of the person appointed to fill a vacancy
shall be the remainder of the unexpired term of appointment.
9.5.5
Duties. The chairman of the Planning Board may designate
an associate member to sit on the Board for the purposes of acting
on a special permit application in the case of absence, inability
to act, or conflict of interest on the part of any member of the Planning
Board, or in the event of a vacancy on the Board.
9.6
Design Plan Review
[Added 5-4-2011 ATM, Art. 16]
9.6.1
Purpose.
The purpose of the Design Review is to coordinate the aesthetic development
of designated areas in Town through land, site, architectural, and
sign review. This shall occur through an open process that involves
the community and as guided by relevant documents, the Design Guidelines,
as well as commonly accepted design standards.
9.6.2
Form.
Design Review is conducted by a Committee made up of 5 members and
up to two alternates appointed by the Planning Board. Where possible,
permanent members shall have experience in the fields of architecture,
landscape architecture, or engineering and one person owning a business
in the town. Members shall be appointed for an initial term of one,
two, or three years, at the conclusion of which they may be reappointed
by the Planning Board for a term of three years. Terms shall be staggered.
The Design Review Committee (DRC) meets twice a month or as needed
to hear applications.
9.6.3
Applicability and Authority. The DRC shall review applications for Site Plan Review submitted under Section 9.4 of the Ashland Zoning Bylaw, provided the property exists in the following areas of town:
1.
Downtown
and Pleasant Street: The geographic center of Ashland, including the
Ashland Downtown District zoning districts.
2.
Route 135
Corridor: Properties with frontage on Route 135 and in the Highway
Commerce, Industrial, Neighborhood Commerce, or Wildwood Mixed Use
Zoning districts.
3.
Route 126
Corridor: Properties with frontage on Route 126 and in the Highway
Commerce, Village Commerce, or Multifamily zoning districts.
4.
Properties with projects requiring design review per section 9.4.1.7 of Chapter 282 (Zoning) of the Town of Ashland Code.
[Amended 6-12-2021 ATM,
Art. 8]
Design Review shall evaluate requests for Site Plan Review on
the design criteria in this bylaw and any Design Guidelines promulgated
by the DRC. The DRC shall submit its written findings to the Planning
Board and to the applicant along with any recommendations and suggested
conditions. Such findings shall contain any recommendations and explanations
and shall be submitted to the Planning Board to be included in its
Site Plan Review process.
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9.6.4
Fees.
Reasonable administrative and technical review fees may be assessed
for Design Review as determined by the Planning Board.
9.6.5
Required
Design Plan Contents. Each application for design plan review shall
include one full-size and seven reduced copies of the following:
9.6.6
Application
Process
1.
The design
review application shall be submitted with the site plan submission.
The design review process shall commence on the date a complete site
plan application is filed with the Department of Community Development
and Health.
2.
The project
shall be reviewed at a public meeting of the DRC. Abutters within
300 feet of the locus property shall be notified by regular mail sent
out no later than one week before the meeting.
3.
At the
completion of its review, the DRC shall submit its written findings
to the Planning Board for consideration during Site Plan Review.
4.
The Design
Review shall be completed and written findings shall be provided to
the Planning Board prior to completion of the Site Plan Review but
in no event shall Design Review be completed more than 60 days from
the application date. The Applicant may choose to extend the time
allowed for Design Review so long as the Committee submits its findings
to the Planning Board prior to the completion of Site Plan Review.
If the Committee fails to submit its findings to the Planning Board
within 60 days, the Committee shall be deemed to have waived its authority
to submit such findings.
9.6.7
Design
Criteria. The DRC shall review applications for Site Plan Review based
upon the following criteria:
1.
Landscape.
The landscape shall be preserved in its natural state, insofar as
practicable, by minimizing tree and soil removal and any grade changes
shall be in keeping with the general appearance of nearby developed
areas.
2.
Building
Orientation. Buildings shall be related harmoniously to the terrain
and to the use, scale and architecture of existing buildings in the
surrounding area that have functional or visual relationship to the
proposed buildings. Proposed buildings shall be related to their surroundings
with respect to:
3.
Open Space.
All open space, landscaped and usable, shall be designed to add to
the visual amenities of the area for persons passing the site or overlooking
it from nearby properties.
4.
Heritage.
Removal or disruption of historic, traditional or significant uses,
structures or architectural elements shall be minimized insofar as
practicable.
5.
Pedestrian
Access. The town recognizes that pedestrian and bicycle facilities
are needed, as set forth in the Open Space and Recreation Plan which
identifies several proposed actions to improve non-vehicular mobility
and access.
6.
Design
Plan Review Guidelines. The Committee shall adopt Guidelines as approved
by the Planning Board for the administration of Design Review.
9.6.8
Enforcement.
Any recommendations by the DRC that the Planning Board adopt and incorporate
into its Decision on Site Plan Review shall have the same legal enforcement
authority as site plan approval.
9.7
Rate of Development
Bylaw
[Added 11-28-2016 STM,
Art. 13]
9.7.1
Purpose:
The Town of Ashland has experienced substantial and rapid growth in
residential housing since the year 2000. Such growth arises from the
development of both conventional residential subdivisions as well
as multi-family development. Such rapid growth has placed considerable
strain on municipal resources, ranging from sewer and water service,
emergency services, roadway repairs, storm water management and educational
services. Given the limitations on allowable tax levy under G.L. c.
59, the Town is disabled from funding adequate services to support
its growing housing stock. Failing to provide adequate services poses
adverse impacts to the health, safety and welfare of residents, including
the inability: (1) to provide safe and adequate roadways and other
infrastructure; (2) to ensure that schools are not over-crowded; and
(3) to maintain adequate staffing and equipment for the Ashland police
and fire departments. To allow the Town to implement adequate policies,
regulations and bylaws; and to invest in necessary infrastructure,
which will enable the Town to ensure that adequate municipal services
may be provided to all residents, the provisions of this bylaw employ
temporary restrictions on the issuance of building permits for residential
developments.
9.7.2
Applicability:
This bylaw shall apply to any development approved after the effective
date of this bylaw of: (1) a residential subdivision of four or more
lots; (2) four or more lots for residential development as shown on
a plan endorsed "Approval Not Required" by the Planning Board; or
(2) a multi-unit or duplex apartment or condominium project containing
residential units in two or more buildings. Each such type of development
shall be hereinafter referred to as a "Project".
9.7.3
Building
Permit Limitation: Each such Project to which this Bylaw applies may
receive only 25% of its the proposed building permits for the proposed
buildings or lots approved in said Project in a given year. For example,
for an eight-lot subdivision, only two building permits for single
or two family buildings may be issued per year; and for a condominium
or apartment complex containing eight buildings to be used for residential
units, only two buildings per year may receive building permits. Each
fraction of a unit or building shall be rounded down with a minimum
of one.
9.7.4
Exceptions: By Special Permit issued by the Planning Board, exceptions may be made to the foregoing limitation. Said Special Permit shall be determined in accordance with the provisions of Section 9.3.
9.7.5
Term:
The terms of this Bylaw shall expire four years following its effective
date.
In this by-law, the following terms and constructions
shall apply unless a contrary meaning is required by the context or
is specifically prescribed in the text of the by-law. Words used in
the present tense include the future. The singular includes the plural
and the plural includes the singular. The word "shall" is mandatory
and "may" is permissive or discretionary. The word "and" includes
"or" unless the contrary is evident from the text. The word "includes"
or "including" shall not limit a term to specified examples, but is
intended to extend its meaning to all other instances, circumstances,
or items of like character or kind. The word "lot" includes "plot";
the word "used" or "occupied" shall be considered as though followed
by the words "or intended, arranged, or designed to be used or occupied."
The words "building," "structure," "lot," or "parcel," shall be construed
as being followed by the words "or any portion thereof." The word
"person" includes a firm, association, organization, partnership,
company, or corporation, as well as an individual. Terms and words
not defined herein but defined in the Commonwealth of Massachusetts
state building code shall have the meaning given therein unless a
contrary intention is clearly evident in this by-law.
A measurement of height from the average grade of a site
around the perimeter of the base of the structure to the highest point
of a structure.
[Amended 11-19-2013 STM, Art. 22]
A subordinate building located on the same lot as the main,
or principal building or principal use, the use of which is customarily
incidental to that of the principal building or use of the land.
A building not attached to any principal building or a use
customarily incidental to and located on the same lot with the principal
building or use, except that if more than twenty-five percent (25%)
of the floor area or fifty prcent (50%) of the lot area is occupied
by such use, it shall no longer be considered "accessory."
A dwelling unit contained with or an extension of a single-family
structure to accommodate an additional family related by blood, marriage
or adoption or sixty (60) years of age or older. The "accessory family
dwelling unit" shall be no greater than twenty-five percent (25%)
of the floor area of the principal dwelling or eight hundred (800)
square feet in total floor area, whichever is greater.
Any sign that, with respect to the premises on which it is
erected, advertises or indicates one (1) or more of the following
and which contains no other advertising matter: the person occupying
the premises or the business transacted on the premises; or the sale
or letting of the premises or any part thereof.
[Amended 11-19-2013 STM, Art. 22]
Shall include and be defined as follows:
Adult Bookstore — An establishment having
as a substantial or significant portion of its stock-in-trade, books,
magazines and other matter which are distinguished or characterized
by their emphasis depicting, describing or relating to sexual conduct
or sexual excitement as defined in Chapter 272, Section 31, M.G.L.
For purposes of this definition, "substantial or significant portion
of stock" shall mean more than twenty-five (25) percent of the subject
establishment's inventory or more than twenty-five (25) percent of
the subject premises' gross floor area.
| |
Adult Live Nudity Establishment — An establishment
which provides live entertainment for its patrons, which includes
the display of nudity, as that term is defined in Chapter 272, Section
31, M.G.L. and which excludes minors by virtue of age.
| |
Adult motion picture theater — An enclosed
building used for presenting material distinguished by an emphasis
on matter depicting, describing or relating to sexual conduct or sexual
excitement as defined in Chapter 272, Section 31, M.G.L.
| |
Adult Paraphernalia Store — An establishment
having as a substantial or significant portion of its stock devices,
objects, tools or toys which are distinguished or characterized by
their association with sexual activity, including sexual conduct or
sexual excitement as defined in Chapter 272, Section 31, M.G.L. For
purposes of this definition, "substantial or significant portion of
stock" shall mean more than twenty-five (25) percent of subject premises'
gross floor area.
| |
Adult Video Store — An establishment having
as a substantial or significant portion of its stock-in-trade, videos,
movies or other film material which are distinguished or characterized
by their emphasis depicting, describing or relating to sexual conduct
or sexual excitement as defined in Chapter 272, Section 31, M.G.L.
For purposes of this definition, "substantial or significant portion
of stock" shall mean more than twenty-five (25) percent of the subject
premises' gross floor area.
|
One (1) of two (2) or more residential buildings having a
common party wall separating dwelling units owned or occupied by at
least one (1) person who is fifty-five (55) years of age, or older;
and no more than one (1) additional occupant who may be under fifty-five
(55) years of age, unless otherwise qualifying as a handicapped adult.
[Amended 11-19-2013 STM, Art. 22]
A residential building containing not more than one (1) dwelling
unit and entirely surrounded by open space on the same lot owned or
occupied by at least one (1) person who is fifty-five (55) years of
age, or older; and no more than one (1) additional occupant who may
be under fifty-five (55) years of age, unless otherwise qualifies
as a handicapped adult.
[Amended 11-19-2013 STM, Art. 22]
A building or portion thereof used for occupancy by individuals
living independently of each other and containing three (3) or more
dwelling units owned or occupied by at least one (1) person who is
fifty-five (55) years of age, or older; and no more than one (1) additional
occupant who may be under fifty-five (55) years of age, unless otherwise
qualifying as a handicapped adult.
[Amended 11-19-2013 STM, Art. 22]
Agricultural use of property not exempted by G.L. c. 40A,
s. 3.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement
whether by extending on a side or by increasing in height, or the
moving from one (1) location or position to another.
Energy shall include solar, wind, hydro (rivers), and geothermal
(hot springs), that can replace or supplement traditional fossil fuel
sources such as coal, oil, and natural gas. It is energy derived from
sources that do not use up natural resources or harm the environment.
[Added 5-5-2010 ATM, Art. 22]
Include, but are not limited to, the following: manufacturing
of solar panel production, wind turbine or hydro turbine production,
and fuel cell production.
[Added 5-5-2010 ATM, Art. 22]
Include, but are not limited to, the following: Research
& Development Facilities used for research intended to enhance
geothermal systems, research related to advance battery systems.
[Added 5-5-2010 ATM, Art. 22]
Capable of walking independently or of personal mobility
aided by mechanical means or staff (aide) assistance; not bedridden.
Premises for raising, harboring or care of domestic animals
for a fee.
The surface from which wireless radio signals are sent and
received by a Wireless Communications Facility.
[Amended 11-19-2013 STM, Art. 22]
The legal or beneficial owner or owners of any land proposed
within the Mixed Use Special District.
Geologic formation composed of rock, sand, or gravel that
contains significant amounts of potentially recoverable water.
As-of-Right Siting shall mean that development may proceed
without the need for a special permit, variance, amendment, waiver,
or other discretionary approval. As-of-right development may be subject
to site plan review to determine conformance with local zoning bylaws.
Projects cannot be prohibited, but can be reasonably regulated by
the Inspector of Buildings or the Site Plan Review as authorized by
this bylaw.
[Added 11-19-2013 STM, Art. 18; amended 11-19-2013 STM, Art. 22]
Physical support, aid or assistance with bathing/bathroom
use, dressing, grooming, ambulation, eating, self-administered medication
management, or other similar tasks.
Facility licensed pursuant to G.L. c. 19D.
Includes any structure made of cloth or metal or a frame
attached to a building and projecting there from and possibly carried
by frames supported at grade level.
[Amended 11-19-2013 STM, Art. 22]
A temporary sign consisting of lightweight flexible material,
which is supported by a frame, ropes, cables, wires or other anchoring
devices.
[Amended 11-19-2013 STM, Art. 22]
That portion of a building which is partly or completely
below grade.
A house or portion thereof where short-term lodging rooms
and meals are provided. The operator of the inn shall live on the
premises or in adjacent premises.
Any habitable room in a dwelling, other than a living room,
dining room, kitchen, utility room or bathroom, if such room exceeds
seventy (70) square feet. Any dwelling unit in which no such room
exists shall be construed to contain one (1) "bedroom."
Bedroom, Rail Transit District — A room providing privacy
intended primarily for sleeping and consisting of not less than 70
square feet. A bedroom, for purposes of 310 C.M.R. 15.002, shall constitute
a bedroom for purposes of the Rail Transit District. A one bedroom
unit shall be permitted to have one Bedroom in addition to the kitchen,
living/dining room, Study (as defined below) and bathrooms; a two
bedroom unit shall be permitted to have two Bedrooms in addition to
the kitchen, living/dining room, Study (as defined below) and bathrooms.
[Amended 11-19-2013 STM, Art. 22]
A building used for lodging between five (5) and fifteen
(15) individuals, with or without meals, for compensation, with the
owner resident on the premises.
Methods intended to separate and partially obstruct the view
of two (2) adjacent land uses or properties from one another. Such
techniques may include planting of greenery (including trees), fencing,
walls, hedges, or other features.
Any structure or parts thereof, enclosed within exterior
walls or firewalls, built, erected and framed of a combination of
any materials, whether portable or fixed having a roof or similar
covering, whether or not permanent in nature, to form a structure
for the shelter of persons, animals or property.
That percentage of the lot or plot area covered by the roof
area of a building or buildings.
A wall sign listing names, times, uses and locations of various
services, offices or activities within a building and which is intended
to be read at close proximity.
[Amended 11-19-2013 STM, Art. 22]
The vertical distance from the grade plane to the average
height of the highest roof surface.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A single commercial or industrial enterprise which may occupy
one (1) or more buildings or a portion thereof. See also "shopping
center."
A building or part thereof, for the transaction of business
or the provision of services exclusive of the receipt, sale, storage,
or processing of merchandise.
A Wireless Communications Facility that is disguised, hidden,
part of an existing or proposed structure or placed within an existing
or proposed structure is considered "camouflaged."
[Amended 11-19-2013 STM, Art. 22]
A portable dwelling, eligible to be registered and insured
for highway use, designed to be used for travel, recreational and
vacation uses, but not for permanent residence; and includes equipment
commonly called "travel trailers," "pickup coaches" or "campers,"
"motorized campers" and "tent trailers," but not mobile homes.
Premises used for travel trailers, campers or tenting or
for temporary overnight facilities of any kind where a fee is charged.
Facilities operated on a seasonal basis for a continuing
supervised recreational, health, educational, religious and/or athletic
program, with persons enrolled for periods of not less than one (1)
week and with group dining if overnight accommodations are included.
A company that provides wireless services.
[Amended 11-19-2013 STM, Art. 22]
Preparation and delivery of food and beverages for off-site
consumption without provision for on-site pickup or consumption.
A day care center or school age child care program, as those
terms are defined in G.L. c. 28A, s. 9.
Removal or causing to be removed, through either direct or
indirect actions, trees, shrubs, and/or topsoil from a site, or any
material change in the use or appearance of the land. Actions considered
to be clearing include, but are not limited to: causing irreversible
damage to roots or trunks; destroying the structural integrity of
vegetation; and/or any filling, excavation, grading, or trenching
in the root area of a tree which has the potential to cause irreversible
damage.
[Amended 11-19-2013 STM, Art. 22]
Buildings, structures and premises used by a nonprofit social
or civic organization, or by an organization catering exclusively
to members and their guests for social, civic, recreational, or athletic
purposes which are not conducted primarily for gain and provided there
are no vending stands, merchandising, or commercial activities except
as may be required generally for the membership and purposes of such
organization.
The use of a single mount on the ground by more than one
carrier (vertical co-location) and/or several mounts on an existing
building or structure by more than one carrier.
[Amended 11-19-2013 STM, Art. 22]
A building or group of buildings containing guest units providing
transient accommodations to the general public for compensation, and
as an accessory use not more than a single dwelling unit; includes
hotel, motel, tourist home, boardinghouse and lodging house.
A structure for recreational, social or amusement purposes,
which may include as an accessory use the consumption of food and
drink, including all connected rooms or space with a common means
of egress and entrance. Places of assembly shall include theatres,
concert halls, dance halls, skating rinks, bowling alleys, health
clubs, dance studios, or other commercial recreational centers conducted
for or not for profit.
Drive-in theatre, golf course/driving range, bathing beach,
sports club, horseback riding stable, boathouse, game preserve, marina
or other commercial recreation carried on in whole or in part outdoors,
except those activities more specifically designated in this By-Law.
Premises used by a building contractor or subcontractor for
storage of equipment and supplies, fabrication of subassemblies, and
parking of wheeled equipment.
Any institution licensed as a nursing, convalescent or rest
home or charitable home for the aged by the Department of Public Health
pursuant to M.G.L.A. C. 3, § 71.
A retail sales food and beverage store that may sell prepackaged,
frozen, chilled or sealed foods and meals to be heated and eaten,
generally off the premises.
Primarily a retail facility for the reproduction and copying
of printed material or drawings. This does not include sign shops,
printing establishments, or similar large scale operations.
[Added 5-5-2010 ATM, Art. 25]
A low mount that has three panels flush mounted or attached
very close to the shaft.
[Amended 11-19-2013 STM, Art. 22]
A preliminary plan showing the proposed use of all areas
within the Wildwood Mixed Use Special District.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, excavation or drilling operations.
A freestanding, projecting or arcade sign with two (2) virtually
identical faces which are back-to-back and not more than eighteen
(18) inches apart.
[Amended 11-19-2013 STM, Art. 22]
An establishment in which part of the business transacted
is conducted by a customer in or on a vehicle.
[Added 5-7-2014 ATM, Art. 25]
An establishment in which part of the business transacted
is conducted by a customer in or on a vehicle.
[Added 5-7-2014 ATM, Art. 25]
[Amended 11-19-2013 STM, Art. 22]
Dwelling — A building or part thereof designed
and occupied as the living quarters of one (1) or more families. Single-
and two-family dwellings shall be designed for and occupied by not
more than one (1) or two (2) families, respectively. A multifamily
dwelling shall be one designed for and occupied by three (3) or more
families.
Dwelling, multifamily or apartment — A structure containing
three (3) or more dwelling units, irrespective of ownership or tenure.
Dwelling, multi-family, for rent, Rail Transit District —
A building or portion thereof (Single Apartment) used for occupancy
by three (3) or more families living independently of each other and
containing three (3) or more dwelling units.
Dwelling, single family — Premises accommodating a single
dwelling unit.
Dwelling unit — A building or portion of a building providing
living quarters for a single family and up to four (4) boarders.[1]
Extraction of sand, gravel, top soil, or other earth for
sale or for use at a site removed from the place of extraction exclusive
of the grading of a lot preparatory to the construction of a building
for which a building permit has been issued, or the grading of streets
in accordance with an approved definitive plan, and exclusive of granite
operations.
[Amended 11-19-2013 STM, Art. 22]
Educational facilities not exempted from regulation by G.L.
c. 40A, s. 3.
Any entity, organized for profit, which meets the following
criteria:
provides room and, as applicable, either full
or partial board; and,
provides, directly by employees of the entity
or through arrangements with another organization which the entity
may or may not own or control, personal care services for three (3)
or more adults who are not related by blood relationship or affinity
to their care provider; and,
collects payments or third party reimbursements
from, or on behalf of, residents to pay for the provision of assistance
with the activities of daily living or arranges for the same; and,
provides, or arranges access to services and
facilities including, but not limited to, the following; meeting rooms,
laundry rooms, gardening, exercise rooms and recreational areas, restaurants/snack
bars, libraries, offices, health practitioner services for diagnosis
and out-patient services for residents only, self-administered medication
management, meals, common or private dining facilities, physical therapy
facilities, social activities, barber/beauty services, transportation
for medical and recreational purposes, assistance with activities
of daily living and such other common areas or additional services
for residents as may be desirable.
A sign with a fixed or changing display/message that includes
alphabetic, pictographic, or symbolic informational content that is
composed of a series of lights or electrically illuminated segments
that may be changed through electronic/computer means. A time and/or
temperature sign shall not be considered an electronic message board
sign.
[Amended 11-19-2013 STM, Art. 22]
An EA is the document required by the Federal Communications
Commission (FCC) and the National Environmental Policy Act (NEPA)
when a Wireless Communications Facility is placed in certain designated
areas.
[Amended 11-19-2013 STM, Art. 22]
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment.
[Amended 11-19-2013 STM, Art. 22]
To build, construct, reconstruct, move upon, or conduct any
physical development of the premises required for a building; to excavate,
fill, drain, and the like preparation for building shall also be considered
to erect.
Services provided by a public service corporation or by governmental
agencies through erection, construction, alteration, or maintenance
of gas, electrical, steam, or water transmission or distribution systems
and collection, communication, supply, or disposal systems whether
underground or overhand, but not including wireless communications
facilities. Facilities necessary for the provision of essential services
include poles, wires, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants and other
similar equipment in connection therewith.
The area on the ground within a prescribed radius from the
base of a Wireless Communications Facility. The fall zone is the area
within which there is a potential hazard from falling debris (such
as ice) or collapsing material.
[Amended 11-19-2013 STM, Art. 22]
Any number of individuals living and cooking together on
the premises as a single nonprofit housekeeping unit.
Any private residence operating a facility as defined in
G.L. c. 28A, s. 9.
Facility for the sale of produce, wine and dairy products
on property not exempted by G.L. c. 40A, s. 3.
The act of transporting or placing (by any manner or mechanism)
material from, to, or on any soil surface or natural vegetation.
[Amended 11-19-2013 STM, Art. 22]
A building or open area in which stalls or sales areas are
set aside, and rented or otherwise provided, and which are intended
for use by various unrelated individuals to sell articles that are
either homemade, homegrown, handcrafted, old, obsolete, or antique
and may include selling goods at retail by businesses or individuals
who are generally engaged in retail trade. Flea markets are conventional,
permanent profit seeking businesses that require all local permits
and licenses.
Expressed as a whole number and/or decimal, the division
of gross floor area of all buildings within the development by the
development parcel area.
Expressed as a whole number and/or decimal, the division
of the gross floor area of all buildings on a lot by the area of the
lot.
Expressed as a whole number and/or decimal, the division
of the gross floor area of all buildings on a lot or parcel by the
area of such lot or parcel.
Any sign supported by one (1) or more uprights, braces or
poles or placed directly on the ground and not attached to a building.
[Amended 11-19-2013 STM, Art. 22]
Cellular, Personal Communication Services (PCS), Enhanced
Specialized Mobile Radio, Specialized Mobile Radio and Paging.
[Amended 11-19-2013 STM, Art. 22]
Facility for the conducting of funerals and related activities
such as embalming.
A facility providing general service including, but not limited
to, small engine repair, small appliance repair, upholstery or furniture
repair, catering, bicycle repair shop, sales office and the like.”
[Amended 5-5-2010 ATM, Art. 25]
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six (6) feet from the building, between the building and a point six
(6) feet from the building.
Any excavating, filling, clearing, or the creation of impervious
surface, or any combination thereof, which alters the existing surface
of the land.
[Amended 11-19-2013 STM, Art. 22]
The total area of all floors of a structure computed using
the outside walls of the unit in accordance with the State Building
Code.
Water beneath the surface of the ground, whether or not flowing
through known and definite channels.
The zoning district defined to overlay other zoning districts
in the Town of Ashland. The groundwater protection district may include
specifically designated recharge areas.
A room or suite of rooms in commercial accommodations (hotel,
motel, tourist home, boardinghouse or lodging house) suitable for
separate rental. Any unit containing a stove and either or both a
refrigerator or a kitchen sink shall be considered a dwelling unit.
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
[Amended 11-19-2013 STM, Art. 22]
A business or profession engaged in within a dwelling by
a resident thereof as a use accessory thereto.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, and other physical or mental conditions
and including, as an integral part of the institution, related facilities,
including laboratories, outpatient facilities, training facilities,
medical offices, and staff residences.
The illumination of a sign by a light source based outside
the sign directed at the sign.
[Amended 11-19-2013 STM, Art. 22]
The illumination of a sign by a light source from within
the enclosed area of the sign itself.
[Amended 11-19-2013 STM, Art. 22]
Material or structure on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly
into the soil.
Any hard-surfaced man-made area that does not readily absorb or retain water, or other fluids, including, but not limited to buildings, parking areas, driveways, roads, sidewalks, paved recreation areas, and any areas in concrete or asphalt. For purposes of Section 8.4, the area of the MBTA Site Access Drive, the area associated with the parking lot of the MBTA station and the area of the "Superfund" cap shall not be deemed to constitute Impervious Surface.
[Amended 11-19-2013 STM, Art. 22]
Any article or material or collection thereof which is worn
out, cast off or discarded and which is ready for destruction or has
been collected or stored for salvage or conversion. Any article or
material which, unaltered or unchanged and without further reconditioning
can be used for its original purpose as readily as when new shall
not be considered junk.
The use of any area or any lot, whether inside or outside
of a building, for the storage, keeping, or abandonment of junk, scrap
or discarded materials, or the dismantling, demolition, or abandonment
of automobiles, other vehicles, machinery, or parts thereof.
A commercial establishment in which more than three (3) dogs
or domesticated animals are housed, groomed, bred, boarded, trained
or sold located on at least five (5) acres of land.
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.
[Added 11-19-2013 STM, Art. 18; amended 11-19-2013 STM, Art. 22]
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
[Amended 11-19-2013 STM, Art. 22]
Waste materials, including solid wastes, sludge, sewage and
pesticide and fertilizer wastes capable of releasing waterborne contaminates
to the environment.
A company authorized by the FCC to construct and operate
a commercial mobile radio services system.
[Amended 11-19-2013 STM, Art. 22]
Fabrication, assembly, processing, finishing work or packaging.
A continuous parcel of land with legally definable boundaries.
The horizontal area of the lot exclusive of any area in a
street or recorded way open to public use. At least ninety percent
(90%) of the lot area required for zoning compliance shall be land
other than that under water nine (9) months or more in a normal year,
other than any marsh, swamp or flat bordering on inland waters and
other than land within utility transmission easements.
Percentage of total lot area covered by structures or roofed.
That portion of a lot fronting upon and having access to
a street, measured continuously along one (1) street line between
side lot lines or, in the case of corner lots, between one (1) side
lot line and the midpoint of the corner radius. However, for lots
on the outer side of a curved street, "lot frontage" may, at the owner's
option, be measured at the required setback line, provided that seventy-five
percent (75%) of the requirement is met at the street line.
A line dividing one (1) lot from another, or from the street
or any public place.
A living tree with a trunk diameter of at least six inches
measured 24 inches above ground level.
[Amended 11-19-2013 STM, Art. 22]
A roof having two (2) slopes on all four (4) sides, with
the lower slope almost vertical and the upper slope almost horizontal.
[Amended 11-19-2013 STM, Art. 22]
The lower slope of a mansard roof.
[Amended 11-19-2013 STM, Art. 22]
A use engaged in the basic processing and manufacturing of
materials, or the manufacture from previously prepared materials,
of finished products or parts, including processing, fabrication,
assembly, treatment, packaging, incidental storage, sales and distribution
of such products.
A building designed and used for the diagnosis and treatment
of human patients that does not include overnight care facilities.
A not for profit entity, as defined by Massachusetts law
only, registered under this law, that acquires, cultivates, possesses,
processes (including development of related products such as food,
tinctures, aerosols, oils, or ointments), transfers, transports, sells,
distributes, dispenses, or administers marijuana, related supplies,
or educational materials to qualifying patients or their personal
caregivers.
[Added 11-19-2013 STM, Art. 16; amended 11-19-2013 STM, Art. 22]
A transitional level or levels between the floor and ceiling
of any story of a structure containing an aggregate floor area of
not more than 33% of the room in which the level or levels are located.
Such mezzanine/loft shall not contribute to a "number of stories"
determination of any structure, so contained. A mezzanine/loft shall
be open and unobstructed to the room in which it is located except
for walls not more than forty-two (42) inches high, columns and posts.
Such mezzanine/loft shall not be utilized as bedroom quarters, except
for provisioning for live-in nursing or other persons licensed to
provide health-care services to any occupant. (Refer to definition
of "BEDROOM" contained in this section).
The removal or relocation of geologic materials such as topsoil,
sand, gravel, metallic ores, or bedrock.
A movable or portable dwelling built on a chassis designed
for connection to utilities when in use, and designed, without necessity
of a permanent foundation, for year-round living.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
[Amended 11-19-2013 STM, Art. 22]
A building or buildings intended and designed for transient,
overnight or extended occupancy, divided into separate units within
the same building with or without a public dining facility. If such
hotel or motel has independent cooking facilities, such unit shall
not be occupied by any guest for more than four (4) continuous months,
nor may the guest reoccupy any unit within thirty (30) days of a continuous
four-month stay, nor may the guest stay more than six (6) months in
any calendar year. No occupant of such hotel or motel may claim residency
at such location.
An establishment, garage or work area enclosed within a building
where repairs are made or caused to be made to motor vehicle bodies,
including fenders, bumpers and similar components of motor vehicle
bodies, but does not include the storage vehicles for the cannibalization
of parts.
Premises for the servicing and repair of autos, but not to
include fuel sales.
Premises for the supplying of fuel, oil, lubrication, washing,
or minor repair services, but not to include body work, painting,
or major repairs.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
[Amended 11-19-2013 STM, Art. 22]
Facilities owned or operated by the Town of Ashland.
A facility owned or operated by the Town of Ashland under
the provisions of M.G.L.A. C. 111, § 150A, but shall not
include the collection, treatment, storage, burial, incineration or
disposal of hazardous waste, as defined by the Division of Hazardous
Waste under M.G.L.A. C. 21(c), or of radioactive waste, including
low-level radioactive waste as defined in Section 11e(2) of the Atomic
Energy Act of 1954.
Any billboard, sign or other advertising device that does
not come within the foregoing definition of an "accessory sign."
[Amended 11-19-2013 STM, Art. 22]
A parcel of land which does not conform to the presently
applicable lot frontage and/or lot area requirements of the Zoning
Chapter.
A sign or sign structure which was existing on the effective
date of the most recent bylaw amending this chapter, which would not
now be permitted.
A use of land or a structure which does not conform to the
presently applicable regulations of the Zoning Chapter for the district
in which the structure or land is located.
Staffing, facilities and programs which may include personal
care services, recreational facilities and common dining facilities
that are provided to individuals who are fifty-five (55) years of
age or older and/or to disabled adults, who do not reside in elderly
assisted living residences, which are made available to such persons
for a fee, on a daily or part time basis.
Any building with sleeping rooms where persons are housed
or lodged and furnished with meals and nursing care for hire.
A thin rod that beams and receives a signal in all directions.
[Amended 11-19-2013 STM, Art. 22]
Lot area not covered by any structure other than a swimming
pool and not used for drives, parking or storage, but including balconies
and any roof area developed for recreation. If not part of a structure
or paved, it shall be kept stabilized with vegetative cover, pine
needles, bark or other organic materials.
The land in the Rail Transit District (RTD) not covered by any structures other than a swimming pool and not used for drives, parking or storage, but including any roof area developed for recreation as well as paved, groomed or maintained trails or recreation walkways or bicycle paths. If not part of a structure or paved, it shall be kept stabilized with vegetative cover, pine needles, bark or organic materials. Any areas dedicated to (a) a golf course use (except areas covered by structures); and (b) any area subject to the jurisdiction and review of the United States Environmental Protection Agency ("EPA"), Massachusetts Department of Environmental Protection ("DEP") or future successor agencies exercising similar jurisdiction including those areas identified as "Operable Unit I" and "Operable Unit III" in the EPA documentation by and between various property owners and the EPA and/or DEP shall be considered Open Space. This definition shall be applicable only to land governed by Section 8.4.
[Added 11-19-2013 STM, Art. 22]
A flat surface antenna usually developed in multiples.
[Amended 11-19-2013 STM, Art. 22]
A structure which is accessory to a commercial or industrial
establishment and is primarily for the parking and storage of vehicles
operated by the customers, visitors and employees of such an establishment.
Space adequate to park an automobile, not less than nine
by twenty (9 x 20) feet, plus means of access. Where spaces are not
marked, each space shall be assumed to require three hundred fifty
(350) square feet.
A facility providing personal services including, but not
limited to, hair salon, shoe repair, tailor, nail salon, dry cleaning,
and photography studio.
[Amended 5-5-2010 ATM, Art. 25]
A temporary sign relating to the election of a person to
public office, or a political party or a matter to be voted upon at
an election called by a duly constituted public body.
[Amended 11-19-2013 STM, Art. 22]
A sign not permanently affixed to the ground, a building
or other structure, including, but not limited to, signs designed
to be transported by wheels.
[Amended 11-19-2013 STM, Art. 22]
Primarily an industrial establishment in which the principal
business consists of duplicating and printing services using blueprint,
or offset printing equipment, including publishing, binding and engraving.
[Added 5-5-2010 ATM, Art. 25]
The property or properties designated as such by majority
vote of Town Meeting and subsequent approval of the Interagency Permitting
Board established by G.L. c. 23A, § 62, all pursuant to
G.L. c. 43D, now being identified in the Assessor’s records
as Map 13, Lot 85 and Map 15, Lot 12. Final action on application(s)
relating to the use or development of the Priority Development Site
(PDS), or the buildings and/or structures thereon, shall be taken
within one hundred eighty (180) days, subject to extension as per
G.L. c. 43D and 400 CMR 2.00, et seq.
[Added 5-5-2010 ATM, Art. 17]
Any sign attached in a plane approximately perpendicular
to the surface of a building or other structure.
[Amended 11-19-2013 STM, Art. 22]
Housing operated by a public body created pursuant to M.G.L.A.
C. 121B, § 3, as amended, or corresponding provisions of
earlier laws and reserved for occupancy by persons sixty-two (62)
years or older.
A system for the provision to the public of piped water for
human consumption, if such system has at least fifteen (15) service
connections or regularly serves an average of at least twenty-five
(25) individuals daily at least sixty (60) days of the year. Such
term includes (1) any collection, treatment, storage, and distribution
facilities under control of the operator of such a system and used
primarily in connection with such system, and (2) any collection or
pretreatment storage facilities not under such control which are used
primarily in connection with such system.
An engineer specializing in electrical or microwave engineering,
especially the study of radiofrequencies.
[Amended 11-19-2013 STM, Art. 22]
The emissions from Wireless Communications Facilities.
[Amended 11-19-2013 STM, Art. 22]
The maximum rated output of electric power production of
the photovoltaic system in Direct Current (DC).
[Added 11-19-2013 STM, Art. 18; amended 11-19-2013 STM, Art. 22]
Areas that collect precipitation or surface water and carry
it to aquifers. Recharge areas may include areas designated as Zone
I, Zone II, or Zone III, or areas in the Groundwater Protection District
designated in the Town of Ashland lying within one thousand (1,000)
feet of the Town's existing and potential well sites.
A vehicle or vehicular attachment with or without motive
power designed for temporary sleeping or living quarters for one (1)
or more persons, which is not a dwelling and which may include a pickup
camper, travel trailer, beach buggy and motor home.
Energy generated from natural resources such as sunlight,
wind, rain, and geothermal heat, which are naturally replenished.
Renewable energy is natural, which does not have a limited supply.
Renewable energy can be used again and again, and will never run out.
Renewable energy sources include hydro, geothermal, solar, tidal wave,
and wind.
[Added 5-5-2010 ATM, Art. 22]
Are those used primarily for research, development and/or
testing of innovative information, concepts, methods, processes, materials,
or products. This can include the design, development, and testing
of biological, chemical, electrical, magnetic, mechanical, and or
optical components in advance of product manufacturing. The accessory
development, fabrication, and light manufacturing of prototypes, or
specialized machinery and devices integral to research or testing
may be associated with these uses.
[Added 5-5-2010 ATM, Art. 22]
Zoning districts in the Ashland Zoning bylaw and indicated
on the Zoning Map of Ashland which do not allow commercial or industrial
uses by right.
[Amended 11-19-2013 STM, Art. 22]
"Resident" shall mean an individual fifty-five (55) years of age or older and/or a disabled adult. If residence is occupied by a married couple, one (1) spouse may be under fifty-five (55) years of age. If unmarried, residents shall otherwise meet the qualifications for "Family," as regulated by § 10.0. Definitions.
A building, or portion thereof, containing tables and/or
booths for at least two-thirds (2/3) of its legal capacity, which
is designed, intended and used for the indoor sales and consumption
of food prepared on the premises, except that food may be consumed
outdoors in landscaped terraces, designed for dining purposes, which
are adjuncts to the main indoor restaurant facility. The term "restaurant"
shall not include "fast food establishments."
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready to consume state for consumption either within the restaurant
building, in the parking lot or off premises and usually requires
ordering food at a counter or a drive-through window.
[Amended 5-7-2014 ATM, Art. 25]
A facility selling goods but not specifically listed in the
Table of Use Regulations.
Any sign constructed of durable materials which has two (2) identical, flat faces, and which is designed to be displayed on the ground. For the purposes of Section 5.3, a "sandwich sign" shall not be considered a portable sign or a temporary sign.
[Amended 11-19-2013 STM, Art. 22]
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
[Amended 11-19-2013 STM, Art. 22]
Reminding residents to take medication, opening containers
for residents, opening pre-packaged medication for residents, reading
the medication label to residents, observing residents while they
take medication, checking the self-administered dosage against the
label of the container and reassuring residents that they have obtained
and are taking the dosage as prescribed.
A residential development of one-story homes, with certain
amenities, specifically designed for the active, independent older
person and/or adult handicapped. It is not intended that a recreational-type
vehicle be used or occupied as accessory to any dwelling unit. Such
development shall be operated and maintained in all respects in compliance
with all statutes and regulations/conditions promoted, herein.
The distance between one carrier's array of antennas and
another carrier's array.
[Amended 11-19-2013 STM, Art. 22]
The distance between a front, rear, or side lot line and
the line of a building or projection thereof, measured on a line perpendicular
to the lot line.
A ground-level commercial development of four (4) or more
retail sales and service establishments on one (1) acre or more of
land in a single parcel of common ownership, providing multiple tenancy
of a single or several large common structures and being of a single
development or of several phases of a single comprehensive development.
[Amended 11-19-2013 STM, Art. 22]
Displays of merchandise, pictures, posters, prices, promotional
statements, etc., designed and intended for view by pedestrians standing
in front of the show window.
[Amended 11-19-2013 STM, Art. 22]
Any object, letter, figure, design, symbol, artistic display, trademark, flag, illumination or other device intended to call attention to or identify a place, subject, person, firm, business, performance, article, machine or merchandise. Individual types of signs are defined in Section 5.3. The following, however, shall not be considered "signs" within the context of this chapter:
(1)
|
Flags and insignia of any government except
when displayed in connection with commercial promotion;
|
(2)
|
Legal notices or informational signs erected
or required by government bodies;
|
(3)
|
Temporary signs erected for a charitable or
religious cause;
|
(4)
|
Temporary signs inside display windows covering,
in aggregate, not more than ten percent (10%) of the window area,
illuminated by building illumination only;
|
(5)
|
Standard gasoline pumps bearing thereon in usual
size and form the name, type and price of gasoline;
|
(6)
|
Integral, decorative or architectural features
of a building, except letters, trademarks, moving parts or parts internally
illuminated or decorated with gaseous tube or other lights;
|
(7)
|
Signs guiding and directing traffic and parking,
not exceeding two (2) square feet in area and bearing no advertising
matter;
|
(8)
|
Holiday decorations;
|
(9)
|
Interior building signs not intended for view
from the street;
|
(10)
|
Name and address plates, not to exceed two (2)
square feet in area; and
|
(11)
|
Vending machine signs and credit card signs,
the latter not to exceed one (1) square foot in area.
|
The surface area within a single continuous perimeter enclosing
all the display area of the sign, but not including structural members
not bearing advertising matter unless internally or decoratively lighted.
One (1) side only of flat, back-to-back signs shall be counted.
[Amended 11-19-2013 STM, Art. 22]
The difference in height between the elevation of the established
or proposed grade level beneath the sign and the elevation of the
uppermost extremity of the sign structure.
[Amended 11-19-2013 STM, Art. 22]
The renewal, painting, repair or cleaning of an existing
sign which retains the same sign information items, colors, composition,
location and structure as the original.
[Amended 11-19-2013 STM, Art. 22]
Any assembly of materials which supports a sign and which
is not an integral element of a wall or building.
[Amended 11-19-2013 STM, Art. 22]
A plan submitted to the Planning Board in compliance with the
accepted design concept plan. This plan shall contain information
as required by site plan review and shall contain all covenants related
to use, location and bulk of buildings and other structures. In addition,
there shall be depiction of the use or density of development, side
streets, walks, bike paths, parking facilities, open space and other
public facilities.
Site development plan, Rail Transit District — A plan submitted to the Planning Board in compliance with the accepted Use Plan. Submission of a Site Development Plan shall be required by the Applicant for any development in the Rail Transit District (RTD). The Site Development Plan shall contain information as required herein, site plan review, and all covenants related to use, location and bulk of buildings and other structures. In addition, there shall be depiction of the use and density of development, roadways, sidewalks, bike paths, parking facilities, open space and other public facilities. The approval of the Site Development Plan shall include such conditions and findings as deemed necessary by the Planning Board which shall be consistent with the intent of Section 8.4, a certain Covenant granted by the property owner with respect to the property comprising the Rail Transit District (RTD), and the Site Plan Rules and Regulations of the Planning Board. The approval by the Planning Board of any Site Development and Use Plan shall be binding upon the proponent, subject to the proponent's rights of appeal under state and local laws and regulations. Where a Site Development Plan is required in connection with the development of a Priority Development Site (PDS) located within the Rail Transit District (RTD), the submittal and review of such Plan shall be in accordance with the provisions of Section 9.4 of these By-laws, as applicable to PDS.
[Amended 5-5-2010 ATM, Art. 17; 11-19-2013 STM, Art. 22]
Review by the Planning Board to determine conformance with
local zoning bylaws.
[Added 11-19-2013 STM, Art. 18; amended 11-19-2013 STM, Art. 22]
A small restaurant-type facility serving pre-packaged snacks,
and/or simple/easily prepared light meals and beverages.
Refuse transfer station, composting plant, solid waste recycling
operation and any other works or use approved by the Massachusetts
Department of Public Health and the Board of Health of the Town of
Ashland for processing, handling, treating, and disposing of solid
or liquid waste materials, including garbage, rubbish, junk, discarded
bulk items, and sludge but not raw sewage, and similar waste items.
For purposes of Section 8.4, the Planning Board.
[Amended 11-19-2013 STM, Art. 22]
The Special Permit Granting Authority (SPGA) for Wireless
Communications Facilities shall be the Planning Board.
[Amended 11-19-2013 STM, Art. 22]
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
Any story having its finished floor surface entirely above
grade except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:
An accepted town way, or a way established by or maintained
under county, state or federal authority, or a way established by
a subdivision plan approved in accordance with the Subdivision Control
Law or a way determined by the Planning Board to have sufficient width,
suitable grades and adequate construction to provide for the needs
of vehicular traffic in relation to the proposed use of the land and
for the installation of municipal services to serve the land and the
buildings erected or to be erected thereon.
Anything constructed or erected, the use of which requires
a fixed location on the ground or attachment to something located
on the ground; swimming pools having a capacity of four thousand (4,000)
gallons or more; and mobile homes, but not including elements not
more than twenty-four (24) inches in height or walls, fences or customary
yard accessories, excluding windmills, radio transmitters/receivers,
(ham radio stations), satellite television receiving dishes, structures
and elements, which require positioning within minimum yard requirements
are excluded and may be permitted on special permit by the Zoning
Board of Appeals.
A Study shall mean an area not containing a closet and not
separated from surrounding areas by a door (i.e., open to surrounding
areas so as not to provide privacy) and having a minimum opening to
surrounding areas of not less than six feet in width and not less
than seven feet in height.
[Amended 11-19-2013 STM, Art. 22]
An establishment whose principal business is the practice of body piercing or tattooing. Body piercing is defined as the puncturing or penetrating the skin of a client with pre-sterilized single-use needles and insertion of pre-sterilized jewelry or other adornment into the opening exclusive of ear piercing. Tattooing is defined as any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin or mucosa. (Refer to Chapter 295 [Body Art] in the Code of the Town of Ashland.)
[Added 5-5-2010 ATM, Art. 25]
Any sign, banner, valance or advertising display which may
easily be dismantled or removed and which can feasibly be displayed
for a limited period of time in any one (1) location, except sandwich
signs or portable signs.
[Amended 11-19-2013 STM, Art. 22]
A structure without any foundation or footings to be removed
within a twelve-month time period. Said structure shall conform to
the requirements of the Table of Dimensional Requirements and shall
receive a permit from the building inspector.
Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual, or potential hazard
to water supplies or other hazards to human health if such substance
or mixture were discharged to land or water of the Town of Ashland.
Toxic or hazardous materials include, without limitation, synthetic
organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkalis, and all substances defined as
Toxic or Hazardous under Massachusetts General Laws (MGL) Chapter
21C and 21E and 310 CMR 30.00, and also include such products as solvents
and thinners in quantities greater than normal household use. For
the purposes of this section, they also include, without limitation,
substances defined in Section 101(14) of the Federal Comprehensive
Environmental Response Compensation and Liability Act of 1980.
A dwelling in which, as an accessory use, rooms are rented
to more than four (4) but fewer than ten (10) persons.
As defined in and part of a Rail Transit District (RTD) and
with the uses permitted in Section 8.4.14, herein.
[Amended 11-19-2013 STM, Art. 22]
Terminal facilities for handling freight with or without
maintenance facilities.
The front of any shopping center, multiple-tenancy structure
or group of two (2) or more adjacent buildings under one (1) ownership
or joint control, which have a consistent appearance in terms of design,
color scheme, illumination, materials and areas designated for signs.
[Amended 11-19-2013 STM, Art. 22]
A preliminary plan of the proposed uses of all land areas
within a Rail Transit District.
[Amended 11-19-2013 STM, Art. 22]
The sale of any merchandise or goods from a fixed location
upon privately owned property not within any permanent building or
structure designed for the sale of such goods. The term "open air
vending" shall specifically include the sale of merchandise or goods
from stands, stalls, vehicles, tents and all other sales not within
a permanent structure. The term "sale" is herein defined as the actual
transfer of goods or merchandise. The term "open air vending," however,
shall not include activity of itinerant vendors who continuously move
about from place to place and who do not occupy any particular parcel
of private property as a permanent or stationary place for the conduct
of their business.
Any device for carrying passengers, goods, or equipment,
usually one moving on wheels or runners, as a car, truck, trailer,
bus or sled.
Any sign affixed directly to or suspended from a wall, marquee,
mansard wall or parapet wall of a building, with the exposed face
of the sign in a plane approximately parallel to the face of the wall
and extending from it less than twelve (12) inches. A "wall sign"
may be either of one-piece construction or of individual letters or
symbols. A "wall sign" may also be attached to a wall or to the vertical
or nearly vertical surface of an awning or canopy which is permanently
affixed to a building.
[Amended 11-19-2013 STM, Art. 22]
A building used primarily for the storage of goods and materials,
for distribution, but not for sale on the premises.
A water supply drainage basin.
An area within which all overland and subsurface water flows
to a common body of water associated with a water supply or a potential
water supply.
Any permanent or temporary sign which can be read from a
public street or a parking lot, and which is placed on the outside
or inside face of a glass window or within a distance of two (2) feet
inside the window. Show window displays are not included.
[Amended 11-19-2013 STM, Art. 22]
The three types of services regulated by this Bylaw. Commercial
mobile radio services, unlicensed wireless services, and common carrier
wireless exchange access services are the FCC Personal Wireless Services
as described in the Telecommunications Act of 1996.
[Amended 11-19-2013 STM, Art. 22]
Facility for the provision of wireless communications, as
defined by the Telecommunications Act.
[Amended 11-19-2013 STM, Art. 22]
A structure (with antennas, if any) chosen to facilitate
the following types of services: cellular telephone service, personal
communications service and enhanced specialized mobile radio service.
A space open to the sky, located between a building or structure
and a lot line, unoccupied except by fences, walls, poles, paving,
and other customary yard accessories.
A yard extending the full width of the lot and situated between
the street line and the nearest point of the building.
A yard the full width of the lot and situated between the
rear line of the lot and the nearest part of the main building projected
to the side line of the lot.
A yard situated between the nearest point of the building
and the side line of the lot and extending from the front yard to
the rear yard. Any lot line not a rear line or a front line shall
be deemed a side line.
The area of an aquifer which contributes water to a well
under the most severe pumping and recharge conditions that can be
realistically anticipated (180 days of pumping at safe yield with
no recharge from precipitation), as defined in 310 CMR 22.00.
The land area beyond the area of Zone II from which surface
water and groundwater drain into Zone II, as defined in 310 CMR 22.00.
[1]
Editor's Note: The definition of "dwelling," which immediately
followed this definition, was repealed 11-19-2013 STM, Art. 22. See
now the definition of "dwelling."