[Amended 4-7-2011 ATM by Art. 19]
1401.1.
See Article 7, Area, Yard and Bulk Regulations; Article 8, Dimension and Use Tables.
[Amended 5-5-1999 STM by Art. 9]
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[Amended 11-13-1991 STM by Art. 5; 5-5-1999 STM by Art.
9: paragraph deleted]
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1401.1.1.
Research and development laboratories/offices, offices, warehouse/distribution
facilities, and light manufacturing, where the total footprint of
all buildings housing such use(s) on the property does not exceed
15,000 gross square feet or 5% of the total lot area, whichever is
smaller shall be permitted.
[Amended 11-13-1991 STM by Art. 5; 5-6-1992 ATM by Art. 17; 5-5-1999 STM by Art. 9]
1401.1.2.
Personal and other service establishment, bank, nursery school/day-care,
recreation/park facilities, and similar facilities, for the employees
or other licensees of a permitted or special permit use, but such
facilities shall not be available to the general public.
[Amended 11-13-1991 STM by Art. 5]
[Amended 11-13-1991 STM by Art. 5; 4-7-2011 ATM by Art. 19]
1402.1.
Buildings, structures, and lots in a Limited Commercial District may be constructed, reconstructed, altered, enlarged or used, and premises may be used, for the following purposes and no others, subject to the provisions of Article 6, Site Plan Approval, of this Zoning Bylaw, and provided that a permit is obtained from the Zoning Board of Appeals in accordance with § 198-203 of this Zoning Bylaw:
1402.1.1.
Research and development laboratories/offices, warehouses/distribution
facility, and light manufacturing, where the total footprint of all
buildings housing such use(s) on the property exceeds 15,000 gross
square feet or 5% of the total lot area, whichever is smaller.
[Amended 11-13-1991 STM by Art. 5; 5-6-1992 ATM by Art. 17]
[Amended 11-13-1991 STM by Art. 5; 5-5-1999 STM by Art. 9; 4-7-2011 ATM by Art. 19]
[Amended 11-13-1991 STM by Art. 5; 5-6-1992 ATM by Art. 16; 4-7-2011 ATM by Art. 19]
1404.1.
Notwithstanding any provision of this Zoning Bylaw to the contrary, no special permit or site plan approval may be granted by the special permit granting authority or by the site plan approval authority ("the approving authority") that allows for development in excess of the following limitations and that has not been supported by the traffic impact information set forth in § 198-1405.
1405.1.
The applicant shall submit a traffic impact assessment report
containing such data and information as required by the approving
authority. No new building or structure, group of buildings or structures,
improvement, alteration or change in use shall result in a level of
service (LOS), as defined by criteria set forth by the Transportation
Research Board of the National Research Council, determined to be
inadequate within the impact area of the proposed activity. The "impact
area" shall mean any road, intersection or way within 1,000 feet of
the closest boundary of the project site and projected to receive
at least 5% of the anticipated average daily or peak-hour traffic
generated by the proposed development. "Inadequate," for the purpose
of this finding, shall mean:
[Amended 5-14-1998 ATM by Art. 50; 4-7-2011 ATM by Art. 19]
1405.1.1.
An LOS of less than "B" (as defined in the reference cited above)
for existing designated scenic roads, for all categories of existing
residential streets (as defined in the Subdivision Regulations of
the Planning Board[1]) and for all new streets and intersections created in
conjunction with the project.
1405.1.2.
An LOS of less than "D" (as defined in the above reference)
for numbered highways and all other streets.
1405.2.
The approving authority, at its discretion, may hire a qualified expert in developing and interpreting traffic generation data to confirm data submitted by the applicant, evaluate data and recommend to the approving authority the appropriate LOS to be utilized by the approving authority in determining whether the proposed activity meets the requirement of this § 198-1405. The approving authority may charge the applicant reasonable costs for such work as part of the application fee for review of the application.
1405.3.
The approving authority, at its discretion, may allow for improvements
to affected areas that, when complete, will provide the required LOS
and may make such improvements a condition of approval.
1405.4.
The approving authority may accept a request for waiver of traffic
impact if the applicant asserts to the satisfaction of the approving
authority that:
1405.4.1.
The application of the limitations contained under § 198-1405.1 and 1405.2 above would constitute a hardship or prohibit use of the property for a purpose allowed in this article and that the impact on the affected ways is insignificant; or
1405.4.2.
The way(s) affected was (were) below the required LOS at the
time of application and the impact on the affected way(s) is insignificant.
1405.5.
Such request for waiver of traffic impact shall be made, in
writing, by the applicant, who shall submit sufficient data satisfactory
to the approving authority to support said request. The approving
authority shall list, in writing, its reasons for granting or denying
said request, after holding a public hearing in accordance with the
hearing requirements of MGL c. 40A, the Zoning Act, pertaining to
special permits.
[Amended 4-7-2011 ATM by Art. 19]
1406.1.
The footprint of any building(s) may not exceed 20% of the total
area of the lot. The footprint of a building shall be measured at
the outermost edge of the foundation of the building or at the outermost
edge of any portion of the first floor overhanging the foundation,
whichever is greater.
1406.2.
The floor area ratio (FAR) may not exceed 40% when calculated
by dividing the total gross floor area of the buildings by the total
area of the lot.
1406.3.
No portion of any building or structure may exceed 35 feet in
height, except that this limitation shall not apply to chimneys, ventilators,
skylights, tanks, bulkheads, penthouses and other accessory rooftop
features necessary to the functioning of the building, if such features
are in no way occupied by people.
1406.4.
No building or structure may extend to within 100 feet of any
street lot line or to within 100 feet of any property line.
[Amended 5-5-1999 STM by Art. 11]
1406.5.
The lot shall have adequate parking spaces, as determined by
the approving authority after review of the traffic impact assessment
report. Such parking spaces shall be off-street and shall not be located
within 50 feet of the perimeter lot line. The approving authority
may allow on-street parking and location of parking spaces closer
to the lot line, but only after listing its reasons therefor and finding
that allowing such parking is consistent with the purposes of this
Zoning Bylaw. However, in no event may parking be allowed within 100
feet of residential zoning districts or residential properties. All
parking shall be screened from adjacent properties by suitable landscaping
materials.
1406.6.
All facilities and all articles stored on the lot shall be located
within enclosed buildings or structures, unless the approving authority
allows for an adequately screened storage area and lists in its written
findings that such an area is consistent with the purposes of this
Zoning Bylaw.
1406.7.
No loading platform may be located on the street side of any
building or structure or on the side of a building or structure facing
a residential district, unless properly screened and unless the approving
authority lists in its written findings that said screened platform
is consistent with the purposes of this Zoning Bylaw.
1406.8.
In the event of the construction, reconstruction or substantial alteration on any lot that is used or intended to be used, in whole or in part, for the purpose allowed under Article 14, paved pedestrian sidewalks shall be constructed as a part of such construction, reconstruction or substantial alteration. Such sidewalks shall be no less than five feet in width, shall be set back no less than four feet from the street lot line for the entire width of the lot frontage and shall be separated from the remainder of the lot by a four-foot landscaped strip. Sidewalks shall reasonably join existing sidewalks or shall be capable of reasonably joining planned sidewalks, internally and on abutting land.
[Amended 5-5-1999 STM by Art. 11]
