[Amended 5-8-2000 ATM, Art. 26; 10-17-2005 FATM, Art. 25; 5-8-2006 ATM, Art. 28; 10-20-2008 FATM, Art. 18; 10-20-2008 FATM, Art. 21; 10-20-2014 FATM, Art. 14; 5-10-2021 ATM by Art. 15]
A. For the
purpose of this bylaw the Town of Webster is hereby divided into the
following types of use districts:
District Number
|
District Name
|
Minimum Lot Area
(square feet)
|
Floor Area Ratio to Land Area
|
---|
1.
|
Single-Family Residential
|
12,000
|
|
2.
|
Agricultural Single-Family Residential
|
43,560
|
|
3.
|
Multiple-Family Residential (two-family)
|
12,000
|
|
|
For each additional family
|
6,000
|
|
4.
|
General Business
|
|
1 to 1
|
5.
|
General Business
|
|
1 to 2
|
5A.
|
Gore Business
|
|
1 to 2
|
6.
|
Industrial
|
|
1 to 2
|
7.
|
Lake Residential
|
5,000
|
|
8.
|
Floodplain
|
|
|
9.
|
Conservation District
|
|
|
10.
|
Lake Watershed Protection District
|
|
|
11.
|
Redevelopment Overlay District
|
|
|
B. The following constitutes the Table of Use Regulations:
C. Any additional use which is substantially similar to one or more of the uses specifically authorized and not more detrimental to the neighborhood may be allowed, if a permit therefore is issued in accordance with the provisions of §
650-11B of this Bylaw.
D. The following constitutes the Table of Dimensional Regulations:
[Amended 5-11-2009 ATM, Art. 23]
Said districts are located and bounded as shown
on map entitled "Zoning Map of Webster, Massachusetts" dated March
7, 1967, and as subsequently amended, the current version of which
is on file in the Office of the Town Clerk. The Zoning Map with all
explanatory matter thereon is hereby made a part of this bylaw.
[Amended 5-5-1987 ATM, Art. 9010-20-1997 FATM, Art. 16; 5-11-2009ATM by Art. 23; 5-10-2021 ATM by Art. 15]
A. Permitted uses:
(1) All uses permitted in Residence 1 and Residence 3
Districts.
(4) Amusement enterprises (after approval of Selectmen).
(5) Mercantile establishments.
(10)
Banks or financial institutions.
(11)
Building material, sales and storage.
(14)
Hotel, motel or tourist court.
(17)
Office (business or professional).
(21)
Animal hospital or veterinary.
(22)
Wholesale distributing plant.
(24)
Beauty parlor and barber shop.
(25)
Parking areas — commercials.
(26)
Trucking terminal or bus garage.
(27)
Restaurants, tea rooms, hotel.
B. Set-back building lines. In any Business District
no part of any enclosing wall of any building shall be nearer than
10 feet to the exterior line of any street.
C. Lot size. In Business Districts any lot used principally
for residence purposes shall conform with the Residence 3 lot size
requirements.
D. Adequate off-street parking area shall be provided for occupants. (See §
650-39.)
E. Adult uses bylaw.
(1) Authority and purposes. This bylaw is enacted pursuant
to MGL c. 40A, and pursuant the Town's authority under the Home Rule
Amendment to the Massachusetts Constitution to serve the compelling
Town interests of preventing the clustering and concentration of adult
entertainment enterprises as defined herein because of their deleterious
effect of adjacent areas and in response to studies demonstrating
their effect in generating crime and blight.
(2) Definitions. As used in this bylaw, the following
terms shall have the meanings indicated:
ADULT DANCE CLUB
An establishment which, as its principal form of entertainment,
permits a person or persons to perform in a state of nudity as defined
in MGL c. 272, § 31, and which excludes minors by virtue
of age.
ADULT RETAILERS
An establishment having as a substantial or significant portion
of its stock-in-trade devoted to books, magazines, video-tapes, implements,
or other matter of paraphernalia which are distinguished or characterized
by their emphasis depicting, describing, or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31, and
which excludes Minors by virtue of age.
ADULT THEATER
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing, or relating to sexual
conduct or excitement as defined in MGL c. 272, § 31, and
which excludes minors by virtue of age.
(3) Adult entertainment enterprises. Adult Entertainment Enterprises may be allowed in District 4 Business Districts (within sewer) only by special permit granted by the special permit granting authority as provided under Article
III of the Webster Zoning Bylaws in conformance with the following controls: No adult entertainment enterprises shall be located less than 500 feet from the property boundary lines on any lots in residential use. No adult entertainment enterprise shall be located less than 1,000 feet from the property boundaries of a lot in public or nonprofit school, library, park or playground. No adult entertainment enterprises shall be located less than 1,000 feet from any other adult entertainment enterprises.
(4) No pictures, publication, videotapes, movies, covers,
or other implements, items or advertising entertainment enterprise
merchandise or are erotic, prurient, or related to violence, sadism,
or sexual exploitation shall be displayed in the windows of, or on
the building of any adult entertainment enterprises, to be visible
to the public from pedestrian sidewalks or walkways or from other
areas, public or semipublic, outside such establishments.
(5) Adult entertainment shall be limited to the following
area within District 4 Business District (within sewer). The area
shall be within the following highway boundaries: From the intersection
of Thompson Road and Birch Island Road south to the intersection of
Interstate 395, then northerly to Birch Island Road and then westerly
to Thompson Road.
[Amended 5-5-1981 ATM, Art. 19; 5-5-1987 ATM, Art. 91; 5-11-2009ATM by Art. 23; 5-10-2021 ATM by Art. 12; 5-10-2021 ATM by Art. 15]
A. Permitted uses:
(1) All uses permitted in Residence 2 District with exception of §
650-15B(1) and
(3).
(2) All uses permitted in General Business District 4.
B. Set-back building lines. No part of any enclosing
wall of any building shall be nearer than 30 feet to the exterior
line of any street, however, if the existing buildings within 300
feet on either side of the lot in question are set-back to a greater
or lesser distance than the set-back provided in this bylaw, the allowable
set-back shall not be nearer than the average set-back of all the
existing buildings within 300 feet on either side of the lot in question.
No structure shall be located nearer than 15 feet to the side or rear
lot lines, nor nearer than 25 feet to any street line.
C. Lot size. The minimum lot size shall be 25,000 square
feet and Floor Area Ration to Land Area minimum shall be one to two.
D. Adequate off-street parking area shall be provided to accommodate occupants. (See §
650-39.)
E. Uses which
may be permitted by the Planning Board by special permit and site
plan approval:
(1) Self-service
storage facility, associated retail operations, and equipment rental
accessory to use.
[Added 5-8-2000 ATM, Art. 26; amended 10-20-2008 FATM, Art. 18]
A. Permitted uses.
(1) All uses permitted within Residence 2 Districts with the exception of §
650-15B(1) and
(3).
(3) Mercantile establishments.
(6) Automobile service station — no gas.
(7) Banks, financial institutions.
(8) Building material sales and storage.
(11)
Hotel, motel or tourist court.
(12)
Laundry and/or tailor shop.
[Amended 5-11-2009 ATM, Art. 23]
(14)
Office, business or professional.
(17)
Animal hospital or veterinary.
(18)
Beauty parlor and barber shop.
(20)
Self-storage facility.
[Added 10-20-2003 FATM, Art. 32]
(21)
Car wash.
[Added 10-20-2003 FATM, Art. 33]
B. Setback building lines. No part of any enclosing wall
of any building shall be nearer than 30 feet to the exterior line
of any street. No structure shall be located nearer than 25 feet to
the side or rear lot lines nor nearer than 25 feet to any street line.
C. Lot size. The minimum lot size shall be 43,560 square
feet.
D. Parking. Adequate off street parking shall be provided for occupants. (See §
650-39.)
[Amended 4-15-1986 STM, Art. 10]
A. Uses permitted. Any uses permitted in a Residence
1 District.
B. Lot Size. In Lake Districts the floor area ratio to
land area, the minimum shall be one to two.
C. Set-Back Building Lines. In any Lake District, no
part of any enclosing wall shall be nearer than 20 feet to the exterior
line of any street; however, if the existing buildings within 300
feet on either side of the lot in question are set back to a greater
or lesser distance than the set back provided in the bylaw, the allowable
set-back shall not be nearer than the average set back of all existing
buildings within 300 feet on either side of the lot in question.
D. No structure shall be located nearer than 10 feet from the side lot
lines. No structure shall be located nearer than 10 feet from the
rear lot line except where the rear lot line is coincidental with
the lake line. In those instances boat houses, docks, and wharves
may be located directly on the coincidental lake line/rear lot line.
[Amended 12-8-2014 STM,
Art. 12]
E. Sections
650-31 and
650-32 of Article
V shall apply in all cases to the Lake Districts Lots.
F. No permit for building shall be issued until a disposal
works Construction Permit has been obtained from the Board of Health.
G. Uses which may be permitted by the Boards of Appeals
after a hearing with due notice given:
[Amended 5-4-1982 ATM, Art. 11; 5-5-1987 ATM, Arts. 92, 93 and 94; 6-28-1993 STM, Art.
2]
A. Statement of purpose. The purposes of the Floodplain
District are to: 1. Ensure public safety through reducing the threats
to life and personal injury. 2. Eliminate new hazards to emergency
response officials; 3. Prevent the occurrence of public emergencies
resulting from water quality, contamination, and pollution due to
flooding; 4. Avoid the loss of utility network and impact regions
of the community beyond the site of flooding; 5. Eliminate costs associated
with response and cleanup flooding conditions; 6. Reduce damage to
public and private property resulting from flooding waters.
B. Existing regulations.
[Amended 5-13-2002 ATM, Art. 13]
(1) All development in the district including structural
and nonstructural activities whether permitted by right or special
permit must be in compliance with the following: All Sections of the
Massachusetts State Building Code (780 CMR) which address floodplain
areas; Wetland Protection Act Regulations, DEP (CMR 310 10.00); Inland
Wetlands Restrictions, DEP (310 CMR 13.00); Minimum Requirements for
the Subsurface Disposal of Sanitary Sewage, DEP (310 CMR 15 Title
5).
[Amended 5-9-2011 ATM, Art. 12]
(2) Any variances from the provisions and requirements
of the above referenced state regulations may only be granted in accordance
with the required variance procedures of these state regulations.
C. Establishment of district. The Floodplain District
is herein established as an overlay district. The District includes
all special flood hazard areas within the Town of Webster designated
as Zone A and AE, on the Worcester County Flood Insurance Rate Maps
(FIRMs) issued by the Federal Emergency Management Agency (FEMA)
for the administration of the National Flood Insurance Program. The
map panels of the Worcester County FIRM that are wholly or partly
within the Town of Webster are numbered 25027C0959E, 25027C0967E,
25027C0969E, 25027C0978E, 25027C0980E, 25027C0986E, 25027C0987E, 25027C0988E,
25027C0989E, 25027C0995E dated July 4, 2011. 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 Worcester County Flood
Insurance Study (FIS) report dated July 4, 2011. The FIRM and FIS
report are incorporated herein by reference and are on file with the
Town Clerk, Planning Board, and Building Inspector.
[Amended 5-13-2002 ATM, Art. 13; 5-9-2011 ATM, Art. 12]
D. Development regulations.
(1) Within A Zones, where the base flood elevation is
not provided on the FIRM, an applicant for a building permit shall
obtain any existing base flood elevation data. This data shall be
reviewed by the Building Inspector for its reasonable utilization
toward meeting the elevation or flood proofing requirements, as appropriate,
of the State Building Code.
(2) Engineering studies may be required in order to determine
the base flood elevation in unnumbered A Zones pursuant to the Wetlands
Protection Act.
[Added 5-13-2002 ATM, Art. 13]
E. Base flood elevation and floodway data.
[Amended 5-13-2002 ATM, Art. 13]
(1) In Zone A, 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. In
Zone AE, along watercourses that have not had a regulatory floodway
designated, no new construction, substantial improvements, or other
development shall be permitted, unless, it is demonstrated that the
cumulative effect of the proposed development, when bounded with all
other existing and anticipated development, will not increase the
water surface elevation of the base flood.
(2) In Zone AE, along watercourses that have a regulatory
floodway designated on the Webster FIRM Map encroachments are prohibited
in the regulatory floodway which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(3) Base flood elevation data. Base flood elevation data
is required for subdivision proposals or other developments greater
than 20 lots or three acres, whichever is the lesser, with A Zones.
F. Notification of watercourse alteration.
[Added 5-13-2002 ATM, Art. 13]
(1) Notify, in riverine situation, the following of any
alteration or relocation of a watercourse: adjacent communities -
bordering states.
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NFIP State Coordinator
Massachusetts Office of Water Resources
251 Causeway Street Suite 600-700
Boston, MA 02114-2104
|
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NFIP Program Specialist
FEMA Region 1, Room 462
J.W. McCormack Post Office & Courthouse
Boston, MA 02109
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[Amended 10-16-2000 FATM, Art. 2]
A. Purpose. The purpose of the Conservation District
is to protect large areas of the natural landscape for the benefit
of the health, safety and welfare of the public by promoting preservation
of ecologically sensitive systems, protection of wildlife, of surface
and groundwater and of other natural resources, and conservation of
soils, while allowing for reasonable use and development of private
property, in a manner consistent with such preservation, protection
and conservation.
B. Permitted uses. The following uses are permitted in
the Conservation District:
(1) Uses exempted by MGL c. 40A, § 3, and uses
customarily incidental thereto.
(3) Windmills, wind powered generators, subject to the requirements of §
650-42.
(4) Forestry and wildlife management.
(5) Private clubs for boating, fishing and hunting where
otherwise lawfully permitted.
(6) Bicycle, equestrian and foot paths and trails, and
unpaved recreation areas, which do not alter existing topography.
(7) Public and private water supplies and maintenance
and improvement of ponds, brooks and other water bodies.
(8) Outdoor recreation uses including facilities for riding,
fishing, boating, skating, hiking and cross-country skiing, but not
including driving ranges, skateboard or rollerblade parks, amphitheaters,
racetracks or similar outdoor amusement and entertainment facilities.
C. Uses permitted by special permit. The following uses may be authorized by special permit of the Board of Appeals of MGL c. 40A, § 9, provided the Board shall find that the use and associated site development: Will not be detrimental to the character of the neighborhood and Town; will not be inconsistent with the purpose of the Conservation District or with generally acceptable conservation practices regarding woodlands and park areas; and will meet, at a minimum, the performance standards set forth in Subsection
D below:
(1) Campgrounds and campsites, and structures and uses
customarily incidental to campgrounds and campsites;
(2) Golf Courses and structures and uses customarily incidental
to golf courses;
(3) Structures and uses customarily incidental to permitted
outdoor recreation uses.
D. Performance standards. All uses in the Conservation
District shall, at a minimum, meet the following performance standards,
which are intended to insure that uses are developed and conducted
in a manner which does not adversely affect the surrounding, natural
environment or the peaceful enjoyment of that environment.
(1) The use shall be adequately served by water, sewerage
and other necessary utilities.
(2) The use shall not result in an increase in the volume
or rate of surface water runoff to neighboring properties or streets
and shall not result in pollution or degradation to surface water
or groundwater.
(3) The use shall not result in undue disturbance to adjoining
property owners or the public due to air pollution, odors, glare,
transmission of heat or heated air, vibration, electrical disturbance,
noise, soil erosion or sedimentation.
(4) The use shall not create undue traffic congestion
and will not unduly impair pedestrian safety.
(5) The use shall preserve, to the maximum extent feasible,
existing topography and will minimize removal of existing vegetation.
E. Lot size and frontage. In the Conservation District,
the minimum frontage shall be 100 feet.
F. Setbacks. In the Conservation District, no part of
any enclosing wall of any building and no structure shall be nearer
than 30 feet to the exterior line of a street or to any side or rear
lot line.
G. Parking. Adequate off-street parking area shall be provided to accommodate each use in accordance with §
650-39.
[Added 5-8-2006 ATM, Art. 28]
A. Purpose. The purpose of the Lake Watershed Protection
District is to protect, preserve and maintain the existing and potential
ground and surface water resources of the Town of Webster and the
watershed of Webster Lake.
B. Use regulations. The Lake Watershed Protection District
shall be considered to be superimposed over any other district established
in the bylaw. Land in the Lake Watershed Protection District may be
used for any use otherwise permitted in the underlying district, subject
to the following limitations. However, these limitations shall not
be construed to authorize regulation exceeding the limitations on
zoning authority over agricultural and other uses as contained in
MGL c. 40A, § 3.
(1) Prohibitions. The following are prohibited on any
lot or portion of a lot within a Lake Watershed Protection District.
(a)
All uses required to be prohibited in wellhead
protection zones by 310 CMR 22.21 (2)a. Generally, those are the following
[see 310 CMR 22.21 (2)a, on file with the Building Inspector, for
exact provisions]:
[1]
Landfills, open dumps, and sludge or septage
landfills;
[2]
Auto graveyards or junkyards;
[3]
Stockpiling and disposal of snow from outside
of the District, if containing ice control chemicals;
[4]
Treatment or disposal works for non-sanitary
wastewaters that are subject to 314 CMR 5.00, except the following:
[a] The replacement or repair of an
existing system(s) that will not result in a design capacity greater
than the design capacity of the existing system(s); and
[b] Treatment works approved by the
Department designed for the treatment of contaminated ground or surface
waters.
[c] Publicly owned treatment works.
[5]
Facilities that generate, treat, store, or dispose
of hazardous waste subject to MGL 21C and 310 CMR 30.00, except:
[a] Very Small Quantity Generators
as defined under 310 CMR 30.390;
[b] Household hazardous waste centers
and events under 310 CMR 30.00;
[c] Waste oil retention facilities
required by MGL C 21, § 52A;
[d] Remediation treatment works approved
under 314 CMR 5.00.
(b)
All uses required to be prohibited in wellhead
protection zones by 310 CMR 22.21(2)b, unless designed in accordance
with specified performance standards. Generally, those are the following
[see the 310 CMR 22.21 (2)b, on file with the Building Inspector,
for exact provisions]:
[1]
Storage of sludge and septage unless in accordance
with 310 CMR 32.30 and 310 CMR 32.31;
[2]
Storage of commercial fertilizers and soil conditioners
unless within a structure designed to prevent generation and escape
of contaminated runoff or leachate;
[3]
Storage of animal manure unless covered or contained;
[4]
Storage of liquid hazardous materials as defined
in MGL C. 21E unless in a free standing container within a building
or above ground with adequate secondary containment.
[5]
Earth removal to within four feet of historical
high groundwater unless regraded to a higher level within 45 days,
except for excavations for building foundations or utility works;
[6]
Storage of liquid petroleum products, except:
[a] Normal household use, outdoor maintenance,
and heating of a structure;
[b] Waste oil retention facilities
required by MGL C. 21, § 52A;
[c] Emergency generators required by
statute, rule, or regulation;
[d] Treatment works approved under
314 CMR 5.00 for treatment of contaminated ground or surface waters;
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provided that such storage is in a free standing
container within a building or above ground with adequate secondary
containment;
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[7]
Development resulting in impervious surface of more than 15% or 2,500 square feet on any lot, unless a system for artificial recharge of precipitation is provided that will not result in degradation of groundwater quality [see also Subsections
B(2)(a) and
C(4)].
(c)
As a principal use, manufacturing, processing,
mixing, storage, transport, or disposal of hazardous materials in
excess of quantities which, as wastes, are allowed small quantity
generators as defined in DEP Regulations 310 CMR 30.
(d)
Motor vehicle service, washing, or repair.
(e)
Storage of more than 100 tons of coal.
(f)
Dry cleaners, laundromat.
(g)
Storage of ice removal chemicals.
(2) Uses requiring special permits. Within the Lake Watershed Protection District, the following shall be allowed only if granted a Special Permit from the Special Permit Granting Authority (See Subsection
D) and if the use is not otherwise prohibited.
(a)
Covering with impervious surface more than 40%
of the portion of lot area within the Lake Watershed Protection District.
(b)
Removal of existing groundcover vegetation from
more than 70% of lot area.
(c)
Discharge to surface water requiring a permit
under 314 CMR 3.00 ('NPDES' permit).
(d)
Stable, barn, or similar confinement for four
or more horses, cows, goats, and/or sheep, or more than 50 poultry,
or a number of other animals equivalent to the above in waste production.
(3) Change of use. Change in activity resulting in exceeding any limitations established in a special permit, or crossing the thresholds of Subsection
B(1) or
(2), shall constitute change of use and is allowed but only or approval of a special permit, regardless of whether classified under Subsection
B(1) or
(2).
C. Design and operation guidelines. Within the Lake Watershed
Protection District, the following design and operations guidelines
shall be observed in all new construction except for single-family
dwellings.
(1) Safeguards. Provisions shall be made to protect against
hazardous materials discharge or loss through corrosion, accidental
damage, spillage, or vandalism through such measures as provision
for spill control in the vicinity of chemical or fuel delivery points,
secure storage areas for hazardous materials, and indoor storage provisions
for corrodible or dissolvable materials.
(2) Location. Where the premises are partially outside
of the Lake Watershed Protection District, such potential pollution
sources as on-site waste disposal systems shall, to the degree feasible,
be located outside the District.
(3) Disposal. Provisions shall be made to assure that
any waste disposed on the site shall contain no hazardous materials,
or shall be disposed in strict accordance with 310 CMR 30, Hazardous
Waste Regulations.
(4) Drainage.
(a)
Provision shall be made for on-site recharge
of all stormwater runoff from impervious surfaces unless, in cases
where such surfaces are no more than 15% of lot area or 2,500 square
feet, whichever is larger, the Planning Board in conducting Site Plan
Review and following consultation with the Conservation Commission,
determines that either recharge is infeasible because of site conditions
or is undesirable because of uncontrollable risks to water quality
from such recharge following consultation with the Conservation Commission.
(b)
Recharge shall be by surface infiltration through
vegetative surfaces unless otherwise approved by the Planning Board
following consultation with the Conservation Commission. Dry wells
shall be used only where other methods are infeasible and shall employ
oil, grease, and sediment traps. Drainage from transfer areas for
hazardous materials shall be separately collected for safe disposal.
(5) Sewerage. Sanitary sewers within the Lake Watershed
Protection District shall be designed and constructed in a manner
such that groundwater levels, flows, and/or recharge will not be significantly
lowered, diverted, or otherwise altered by such construction, and
that risk of leakage is minimized.
D. Special permits.
(1) Authority and procedure. The Special Permit Granting
Authority (SPGA) shall be the Planning Board. Upon receipt of the
Special Permit application, the SPGA shall transmit one copy each
to the Board of Appeals, Conservation Commission, Board of Health,
and the Building Inspector for their written recommendations. Failure
to respond within 35 days of transmittal shall indicate approval by
said agencies.
(2) Submittals. In applying for a Special Permit under
this Section, the information listed below shall be submitted, unless
the SPGA, prior to formal application, determines that certain of
these items are not germane:
(a)
A complete list of all hazardous materials to
be used or stored on the premises, accompanied by a description of
the measures proposed to protect all storage containers or facilities
from vandalism, corrosion, and leakage, and to provide for control
of spills.
(b)
A description of potentially hazardous wastes
to be generated, including storage and disposal methods.
(c)
Evidence of qualified professional supervision
of design and installation of any proposed storage facilities or containers
for hazardous materials or waste.
(d)
For disposal on-site of domestic wastewater
with an estimated sewage flow greater than 10,000 gpd per Title 5,
evidence of qualified professional supervision of design and installation,
including an assessment of nitrate or coliform bacteria impact on
groundwater quality.
(3) Special permit criteria.
(a)
Special Permits under Subsection
D shall be granted only if the SPGA makes the following determinations:
[1]
If on-site disposal is the reason a special permit is required [Subsection
B(2)(b),
(c) and
(d)], that for the portion of the site within the Lake Watershed Protection District, nitrate loading would not exceed 10 parts per million based upon the following estimates, or other figures approved for the specific project:
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Sewage volume based on realistic estimate (not
simply design volume as required under Title 5).
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Rainfall = 42 inches.
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Fertilizer adds 0.6 pounds of nitrates per 1,000
square feet of lawn or garden.
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Nitrate concentrations:
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Leachate effluent = 40 ppm.
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Pavement runoff = 3.0 ppm.
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Roof runoff = 0.75 ppm.
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Natural area recharge = 0.05 ppm.
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Recharge percentages:
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Leachate effluent = 95%.
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Pavement and roof = 95%.
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Natural and fertilized areas = 45%.
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and also that for other contaminants, similar
analysis would indicate groundwater meeting all standards for drinking
water (310 CMR 22.00).
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[2]
That no public or private well located off-site
will be degraded below State drinking water standards as a result
of development on this site, for which determination the delineation
of water table contours and future contaminant plumes may be required;
[3]
That proposed control and response measures
adequately and reliably mitigate risk to groundwater quality resulting
from accident or system failure.
(b)
In its written decision the SPGA shall explain
any departures from the recommendations of other Town agencies.
(c)
The Special Permit Granting Authority may retain
qualified experts at the reasonable expense of the applicant if necessary
in order to evaluate the application.
(4) Conditions. Special permits shall be granted only
subject to such conditions as necessary to assure adequate safeguarding
of water quality, which may include the following, among others:
(a)
Monitoring wells to be located downgradient
of potential pollution sources, with periodic sampling to be provided
to the Board of Health at the owner's expense.
(b)
Pollutant source reduction, including limitations
on use of parking area de-icing materials and periodic cleaning or
renovation of pollution control devices, such as catchbasin sumps.
E. Violations. Written notice of any violation shall
be provided to the owner of the premises, specifying the nature of
the violation and specifying a time for compliance including cleanup
of any spilled materials which is reasonable in relation to the public
health hazard involved and the difficulty of compliance, but in no
event shall more than 30 days be allowed for either compliance or
finalization of a plan for longer-term compliance.
[Added 10-20-2008 FATM, Art. 21]
A. Purposes. The purposes of the Redevelopment Overlay
District (ROD) are to encourage the redevelopment and reuse of existing
nonresidential buildings, to preserve the character and historic built
form of Webster's central business district, to protect the value
of property, and to create opportunities for housing within walking
distance of goods and services.
B. Applicability. This bylaw applies to any nonresidential
property that is placed within the ROD by amendment to the Zoning
Map in accordance with the procedures set forth in MGL c. 40A, § 5.
In the ROD, all requirements of the underlying district shall remain
in effect except where these regulations provide an alternative to
such requirements, in which case these regulations shall supersede.
In the event that a property owner wishes to develop in accordance
with the regulations hereunder, the rules and regulations of the ROD
shall apply, and by submitting an application for a building permit,
site plan review, or a special permit under the provisions of this
Section, the owner shall be deemed to accept and agree to them.
C. Qualifications for Placement in the ROD. The following
qualifications shall apply to any property placed within the ROD:
(1) The property shall be located in District 4 (Business-Within
Sewer District);
(2) The parcel shall contain at least 5,000 square feet
of upland;
(3) The existing nonresidential building shall be at least
50 years old as of the date that Town Meeting votes to place the property
in the ROD; and
(4) The property shall have access to public water and
public sewer service.
D. Establishment and Delineation of the ROD. The ROD
shall be as shown on the Town of Webster Zoning Map, updated January
14, 2008 or as subsequently amended, on file in the Office of the
Town Clerk.
E. Definitions: Where the following terms are used in
this Section, they shall have the meanings listed below:
BUILDING REUSE PROJECT
Redevelopment and reuse of an existing nonresidential building
in the ROD for any of the uses authorized under this Section.
GROSS FLOOR AREA RATIO
The sum of the gross horizontal areas of the several floors
from the ground floor up of all buildings on a lot, measured in square
feet, divided by the gross area of the existing lot, excluding wetlands
subject to control under the Wetlands Protection Act, measured in
square feet.
F. Permitted Uses. The following uses shall be permitted in the ROD as a matter of right, subject to Site Plan Review under Article
VII.
(1) Uses exempt from local zoning under MGL c. 40A, § 3.
(2) A Building Reuse Project that includes any of the
following:
(a)
Office (Business or Professional).
(b)
Bank or Financial Institution.
(3) Accessory uses incidental and clearly subordinate
to a principal use.
G. Uses Allowed by Special Permit. The following uses
shall be allowed only upon the issuance of a special permit by the
Planning Board under such conditions as it may require:
(1) A Building Reuse Project that includes any of the
following:
(b)
Assisted living facility, which may include
an adult day treatment or day care center as an accessory use.
(c)
Continuing care retirement facility that includes
independent living units, assisted living units, nursing home accommodations,
and accessory medical, support services, food services, recreational
uses, or adult day treatment or adult day care; and for which there
is a legal agreement that assures life care to residents and support
services appropriated to each type of housing.
(d)
Retail store not exceeding 5,000 sq. ft. per
individual retail establishment.
(e)
Restaurant, not exceeding 2,500 sq. ft. per
establishment, with food service limited to the interior of the building,
except that seasonally, seating may also be provided on a patio or
outdoor seating directly connected to the restaurant, subject to approval
by the Planning Board.
(f)
Personal service, such as a barber shop, hair
salon, dry cleaning service, laundry service or laundromat, or similar
type of establishment.
(g)
Mixed-use building containing multi-family units,
provided that the ground floor of the building shall contain only
retail, personal services, or professional or business office uses.
(2) Accessory uses incidental and clearly subordinate
to a principal use that requires a special permit.
H. Prohibited Uses. Any use not listed in Subsections
F and
G above.
I. Multiple Buildings and Uses. In the ROD, a lot may contain more than one building and a building may contain more than one use, provided that each building and/or its use(s) comply with the requirements of this Section and the Planning Board approves a site plan for the same under Article
VII of this bylaw. For new construction, buildings and structures shall be designed to be similar to the existing building(s) on the lot, in architectural style, materials and details, to the extent commercially reasonable.
J. Density and Dimensional Regulations. The following
dimensional requirements shall apply to development in the ROD:
(2) Minimum lot frontage: 50 feet.
(3) Minimum lot width: 50 feet.
(4) Minimum setbacks: The following front, side, and rear
yard setbacks shall apply in the ROD, except that the Planning Board
may grant a special permit to waive such requirements when necessary
to serve the purposes of the ROD:
(a)
Minimum front setback: 10 feet.
(b)
Minimum side and rear yard setbacks: for lots
abutting a residential district, 25 feet, and for all other lots,
no minimum yard setback shall apply.
(c)
The provisions of §
650-34A and
B shall not apply in the ROD.
(5) Minimum open space: at least 10% of the lot area shall
be open space, which may be land left in a natural state or landscaped,
provided that at least 60% of the open space on the lot shall be in
front of or on the side(s) of the building, visible from the street.
The Planning Board may waive this requirement by special permit only
upon determining that it is impractical for the proponent to comply
due to existing conditions on the lot or the shape or size of the
lot. In such cases, the Planning Board may require the proponent to
provide an alternative public benefit, such as but not limited to
a pedestrian plaza or outdoor seating area.
(6) The maximum building height shall be the height of
the existing building as of the date that a property is placed within
the ROD, except that the Planning Board may grant a special permit
to increase the height by not more than one additional story, subject
to any conditions the Planning Board may require.
(7) The maximum gross floor area ratio shall be the gross
floor area ratio of the existing building as of the date that a property
is placed within the ROD, except that:
(a)
The Planning Board may grant a special permit
to increase the existing floor area by not more than 30% over the
existing floor area, subject to any conditions the Planning Board
may require.
(b)
For a Building Reuse Project that includes underground
parking or parking at grade under the building, the floor area used
for parking facilities shall not be included in the calculation of
the maximum gross floor area ratio.
K. Off-Street Parking. The off-street parking regulations in §
650-39 shall apply in the ROD, except as follows:
(1) For an assisted living facility, the minimum number
of parking spaces shall be one space for every two units.
(2) For a nursing home, the minimum number of spaces shall
be one space for every two patient rooms plus one space per employee
on the largest shift.
(3) For a continuing care retirement facility, the minimum
number of spaces shall be one space for each independent living unit
and one space for every two assisted living units or patient rooms,
plus one space per employee on the largest shift.