[Amended 5-11-1994 ATM by Art. 56]
Editor's Note: The Table of Dimensional and Density Regulations
is now located at the end of this chapter.
(1) In an established neighborhood, the front setback may be the average
of the setbacks of the other buildings within 200 feet of the locus
on the same side of the street.
(2) At no point shall the lot width between the street line and the principal
building be less than 40% of the minimum lot width. No portion of
a principal building shall be located on a portion of a lot where
the lot width is less than the minimum lot width, and said minimum
lot width shall be maintained to a point 20 feet beyond the rear portion
of the principal building.
[Amended 5-15-2002 ATM by Art. 44]
(3) For one- and two-family residences, the limitation of height shall not apply to chimneys, ventilators or other ornamental features which are not used for living purposes. For other buildings, the limitation of height shall not apply to chimneys, elevator penthouses or equipment rooms which extend 12 feet or less above the roof, parapets which are four feet or less in height, and building-mounted wireless communication links [authorized under §
135-1603B(1)] which extend 10 feet or less above the height of the building. The sum of the footprints of all chimneys, elevator penthouses or equipment rooms, parapets and building-mounted wireless communication links shall not exceed 25% of the roof area of any building.
[Amended 10-4-2004 STM by Art. 13]
(4) No swimming pool (above or below ground) shall be built within 10
feet of any side or rear lot line. No other building of accessory
use shall be built within five feet of any lot line.
(5) No driveway shall exceed a maximum grade of 12%. All changes in grade
shall be by means of smooth transitional vertical curves. Driveways
shall be graded or drained so as to prevent rainwater from entering
a structure.
(6) An attached garage or other attached structure shall be considered
part of the main building and shall comply with all the dimensional
and density requirements for that building.
(7) Nothing herein shall prevent the projection into any required yard
of steps, stoops not exceeding 30 square feet in area, eaves to 18
inches, cornices, windowsills or belt courses.
(8) Water storage towers under the care, custody and control of the Braintree
Water and Sewer Department shall be exempt from the height restrictions
of this section provided such exemption is granted by the Zoning Board
of Appeal after a public hearing on a finding by said Board that such
exemption is consistent with the furtherance of a municipal purpose.
(9) Any parcel of land in separate ownership on the date of this amendment shall not be used to satisfy maximum lot coverage, maximum building coverage or minimum open space requirements listed in §
135-701 for another parcel of land located in a different zoning district.
(a)
This shall apply to parcels of land in separate ownership and
in different zoning districts that are combined subsequent to the
adoption of this amendment.
(b)
Parcels of land in separate ownership and in different zoning districts that are combined subsequent to the adoption of this amendment shall be subject to the most restrictive of the zoning requirements of §
135-701 (except maximum lot coverage, maximum building coverage and minimum open space) for the zoning that is applicable to any portion of the combined parcel.
(c)
This shall not prohibit the rezoning of any parcel of land in
accordance with the bylaws of the Town of Braintree.
(d)
This note shall not apply to any parcel of land which falls under the jurisdiction of §
135-306 of the Braintree Zoning Bylaw.
[Amended 5-3-1993 ATM by Art. 41]
(10)
All billboards shall require a front yard setback of 20 feet,
a side yard setback of 20 feet and a rear yard setback of 30 feet.
Freestanding billboards shall not be erected in excess of 75 feet
in height as measured from the ground to the top edge of the billboard.
[Added 3-17-2015 by Ord.
No. 14-066(6)]
(11)
Properties located in a Highway Business District that use parking structures to meet off-street parking requirements set forth in §
135-806, with or without building area above or below such parking structure, may increase the allowable building coverage by 5% for a total maximum building coverage of 30% so long as the site provides at least the 25% open space and 75% lot coverage.
[Added 8-11-2015 by Ord.
No. 15-019]
[Amended 10-27-1998 STM by Art. 31; 3-17-2015 by Ord. No. 14-066(7);10-17-2023 by Order No. 23-051 ]
(Please refer to Braintree General Ordinance Section 12.30 for definitions that apply to Section
135-702)
A. Landscaping.
(1)
Purpose. It is the purpose of this section to establish certain
regulations pertaining to landscaping and tree protection that must
be provided in connection with a special permit or site plan review.
These regulations provide standards and criteria for landscaping which
are intended to enhance the value of property, provide buffers between
dissimilar uses, preserve existing trees, improve the physical appearance
of the Town and maintain an ecological balance. Maintaining and recreating
an ecological balance is of increasing concern because of land coverage
of pavement and structures. These impervious surfaces create an increase
in air temperatures, water runoff, flooding, erosion, water pollution
and groundwater depletion. Vegetation effectively alters these imbalances
through oxygen replenishment, water absorption, and abatement of noise,
glare and heat. Landscape methods which conserve water through the
use of drought-tolerant plants and planting techniques are encouraged.
(2)
Applicability. The standards and criteria contained within this
section are deemed to be minimum standards and shall apply to all
proposed development which will require a definitive subdivision approval,
site plan review or special permit.
(3)
Submission requirements for landscape and tree protection plans.
(a)
The landscape and tree protection plans shall be submitted concurrently
with the Definitive Subdivision application, special permit or site
plan review application, as required by the Planning Board. The Planning
Board shall review landscape and tree protection plans in accordance
with the plan requirements and standards below.
(b)
Landscape and tree protection plans shall contain the following
information:
[2]
Title block with applicant's name and the name, address
and stamp of the landscape professional who prepared the plan(s).
[3]
A base layer that shows proposed building and structure footprints,
walls, fences, terrace, circulation, parking and loading layouts,
curb cuts, all subsurface utilities and easements.
[4]
An existing tree layer and schedule, that depicts all existing
tree canopy and denotes trees eight inches or greater in diameter
at breast height with a measurement. Said layer shall highlight all
trees to remain and all trees proposed to be removed as part of the
site development. All trees removed with eight inches or greater in
diameter breast height within 18 months or proposed to be removed
as part of a development shall be replanted on the property at a 1:1
ratio. If the application is not able to replant on site at a 1:1
ratio then the application shall be required to make a payment in
lieu of replacement. (See General Ordinance Section 12.30.060.)
[5]
A proposed tree and planting layer that includes the location
and method of any excavation and preparation all proposed trees, shrubs
and ground cover. Details including location, species, size and number
of trees, shrubs, ground cover and structural landscaping elements.
[6]
Landscape methods which conserve water through the use of native
species and drought-tolerant plants are encouraged.
[7]
A proposed tree and planting table that includes botanical (and
Latin) common names of plants to be used, size at the time of planting,
mature size and quantity of each, broken down by category of deciduous,
conifer, shrubs, perennials, and annuals.
[8]
At a scale no greater than one inch equals 50 feet.
(4)
Standards. The following criteria and standards shall apply
to landscape materials and installation:
(a)
Landscape and tree protection plans shall provide, to the maximum
extent practicable, for the preservation of existing trees. It is
the intent to discourage the practice of removing all existing trees
in the improvement or development of properties within the Town. A
landscape and tree protection plan which provides for clear-cutting
of existing trees shall not be approved by the Planning Board unless
the application establishes by clear and convincing evidence that
the prohibition of clear-cutting substantially and unreasonably restricts
the ability to develop the property, and that the development will
not be economically viable unless clear-cutting is permitted.
(b)
Maintenance. The owner of the property shall be responsible
for maintaining, in a healthy and well pruned manner at all times,
the landscaping and tree protection plans required by this section.
Plant materials shall be maintained in a healthy and growing condition
that is appropriate for the season of the year. Plant materials which
die shall be replaced in the spring with healthy plant material of
similar variety and meeting the size requirement of this section.
(c)
Quality. All trees and shrubs used in conformance with the provisions
of this section shall have well-developed leaders and tops, and roots
characteristic of the non-cultivar, native species, or variety and
shall show evidence of proper nursery pruning. All plant materials
must be free of insects and diseases.
(d)
Coverage. Grass, ground cover, shrubs and other living landscape
materials shall be used to cover all open ground. Landscaping materials,
such as mulch, bark, etc., can be incorporated into a landscape plan
where appropriate.
(e)
Trees. Trees referred to in this section shall be of a species
common to or adapted to this area of Massachusetts, on the tree list
provided in the General Ordinance Section Chapter 12.30 Appendix A or as approved by the Planning Board or Department of
Planning and Community Development. Caliper measurements shall be
taken two inches above grade. Trees shall have the following characteristics:
[1]
Canopy trees shall be deciduous trees that have a minimum height
of 30 feet at maturity. All canopy trees shall have a caliper width
of three inches to 3.5 inches at time of planting.
[2]
Understory trees shall be deciduous trees that have a maximum
height of less than 30 feet at maturity. All understory trees shall
have a caliper width of one inch to 1.5 inches at time of planting.
[3]
Ornamental trees shall be flowering deciduous trees. All ornamental
trees shall have a caliper width of one inch to 1.5 inches at time
of planting.
[4]
Evergreen or conifer trees shall have a minimum height of 20
feet at maturity. All evergreen or conifer trees shall be at least
five feet to six feet high at time of planting.
(f)
Shrubs and hedges. Shrubs shall be a minimum of 18 inches in
height when measured immediately after planting. Hedges, where installed,
shall be planted and maintained so as to form a continuous, unbroken,
solid, visual screen.
(g)
Ground cover. Ground covers used in lieu of grass in whole and
in part shall be planted in such a manner as to present a finished
appearance and reasonable complete coverage within one year after
time of planting.
(h)
Lawn grass. Grass areas may be sodded, plugged, sprigged or
seeded except that solid sod shall be used in swales, berms or other
areas subject to erosion.
(5)
Maintenance requirements.
(a)
All newly planted vegetative material shall be guaranteed for
one year thereafter.
(b)
Any agreement for long-term maintenance of any landscaping project
must be negotiated prior to site plan or special permit approval based
on the following criteria: vegetation replacement; irrigation; pruning;
fertilizing; insect and disease protection; litter/debris cleanup;
drainage; tree protection if grade change.
(c)
A maintenance program shall be established. Pruning should be
started early and kept up at regular intervals. Trees should be pruned
and shaped to avoid splitting later in life. Broken tops and branches
should be removed as soon as possible after injury. Broken, weak or
diseased branches should be removed first, dead branches second and
healthy branches last.
(d)
Trees and shrubs should be protected against damage incurred
with lawn mower and garden equipment. Keeping grass away from tree
trunks with the use of mulch is recommended.
(e)
Avoid or minimize the use of road salt around the trees and
shrubs.
(f)
Required landscaped areas shall be routinely maintained free
of debris and litter and in good condition, with regular mowing of
grass, so as to present a neat, healthy and orderly appearance. Maintenance
shall include the replacement of all dead plant material within the
guaranteed contract period.
B. Buffer zones.
(1)
Applicability.
(a)
In Commercial Districts and Highway Business Districts no building,
structure or part thereof shall be erected or placed within 100 feet
of any residential or Open Space and Conservancy District line.
(b)
In General Business Districts no building, structure or part
thereof shall be erected or placed within 10 feet of any residential
district.
(c)
Any building in a Residence A or B District shall be set back
at least 30 feet from the Open Space and Conservancy District and,
in the case of Residence C District, at least 50 feet.
[1]
Further, the required buffer strips described in Subsection
B(1)(a),
(b) and
(c) above shall not be used for parking or for any other accessory structure or use except for access.
[2]
Landscaping and screening of parking areas shall be provided in accordance with Article
VIII.
(2)
Composition of buffer zones. A buffer zone shall consist of
a landscaped strip and may include fences, walls or berms which shall
serve to provide an effective year-round visual screen at the time
of installation.
(3)
Height of screening. Visual screening comprised of a mixed planting
of deciduous and coniferous trees and shrubs and walls or fences shall
have a minimum overall height of six feet at the time of installation
except in a required front yard where the maximum height shall not
interfere with sight distance.
(4)
Sight distance. In order to provide an unobstructed sight distance
for motorists, there shall be a triangle which is at least 30 feet
on two sides of the intersection of a street with a driveway or an
interior drive that shall be clear of visual obstructions. The triangle
shall be measured from the point of intersection of the street with
the driveway or interior drive for a distance of at least 30 feet
along the street line; along the side line of the driveway or interior
drive for a distance of at least 30 feet; and by a third line connecting
these two points. Within this triangle so described, nothing shall
be erected, placed, planted or allowed to grow in such a manner as
to impede vision for motorists between a height of 2.5 feet and 10
feet above the grade of the center lines of the street and the driveway
or interior drive.
(5)
Type of plant materials.
(a)
A variety of plant materials shall be selected to provide an
effective visual screen to be maintained at a minimum height of six
feet. Plantings shall be a mixture of deciduous and coniferous trees
and shrubs for the screening to maintain its effectiveness throughout
the winter months.
(b)
Ground cover, grass, mulch or other equivalent landscape treatment
shall be provided in all landscaped buffer zones. Where the width
of a transition area exceeds 20 feet, and where existing vegetation
is used as the required planting, no ground cover, grass, mulch or
equivalent treatment shall be required, provided all man-made debris
has been removed from within the buffer zone.
(c)
The substitution of artificial plant materials is not permitted.
(d)
Existing vegetation in a healthy condition which provides an
effective year-round visual screen may be used as the required planting
provided it is approved by the SPGA, which may require supplemental
planting.
(6)
Size of plant materials. All trees required by this section
shall have a minimum caliper of two inches to 2.5 inches at the time
of planting. All conifers shall be a minimum of five feet to six feet.
(7)
Spacing of plant materials. The arrangement of plant materials
shall consider the relationship of plants in size, form, texture and
color. The configuration and combinations of plant materials shall
be in accordance with sound horticultural and landscape architectural
practices.
(8)
Protection of landscaping and screening areas. Whenever required
landscaping, transition or screening areas are adjacent to parking
areas or driveways such areas shall be protected by curbing or wheel
stops to avoid damage to the plant materials and other structures
by vehicles.
(9)
Structures within buffer zones.
(a)
Walls or fences may be erected within a transition area to supplement
the required planting to provide an effective visual screen as determined
by the SPGA. Billboards of any type are prohibited in buffer zones.
(b)
When walls or fences are required by the SPGA, they shall be
of the following type:
[1]
Solid masonry wall faced with visually attractive materials
on the side which faces the residential or less intensive use.
[2]
Wood stockade or other opaque wooden fence installed so that
the attractive side faces the residential or less intensive use. Between
such fence and the lot line there shall be planted a minimum of one
shrub or vine per 10 LF, and a minimum of one small deciduous tree
per 40 LF.
[3]
Fence or wall of an alternate material which may be appropriate
to the site which may be proposed by the applicant's landscape
architect.
(c)
Walls or fences may not be substituted for plant materials to
reduce the required width of a transition and screening area. A wall
or fence may be added only where a mass of plant materials would not
provide an adequate screen or where required by the SPGA.
(10)
Earthen berms.
(a)
The SPGA may require that earthen berms be constructed within
a transition area as part of a residential development adjacent to
an arterial street or limited access highway. The berms shall be planted.
Whenever a wall or fence is required in addition to a berm, the wall
or fence shall be located between the berm and the higher intensity
use in order to improve sound absorption.
(b)
The use of earthen berms and similar grading techniques in combination
with the standard landscaping requirement is encouraged.
(c)
Berms shall be constructed of earth and shall be between three
feet and six feet in height.
(11)
Use of buffer zones. Only necessary driveways or interior drives
shall be located across a required transition area. No structure,
parking area, play area, interior street or driveway may be located
in this transition area. A transition area may be used for passive
recreation; it may contain pedestrian, bike or equestrian trails,
provided they do not reduce the effectiveness of the transition area
as a year-round visual screen. No other uses are permitted in transition
areas.
(12)
Exceptions, special permits.
(a)
Where, due to the size, shape or topography of a lot, the strict
provisions of this section would reduce the usable area of a lot so
as to preclude a reasonable use of the lot, the SPGA may grant a special
permit to modify the transition area requirements where the side of
a building, a barrier, and/or the land between the building and the
lot line has been specifically designed, through a combination of
architectural and landscaping techniques, to minimize potential adverse
impacts on abutting lots.
(b)
The application for a special permit must demonstrate in detail
the problems imposed by these requirements and provide an effective
alternative.
(c)
Any modification of the required transition areas may be made
subject to such conditions as are determined by the SPGA to assure
adequate screening and buffering between particular uses. In determining
what, if any, such conditions are necessary, the SPGA shall consider:
[1] Proximity to a residential development.
[2] Topography of the site and the adjacent property.
[3] Nature of the use and/or activity on the site.
[4] Land use of adjacent property.
[5] Width and use of all abutting public rights-of-way.
[6] Potential for impact of any nuisance activities
such as noise, light, or glare.
(13)
Maintenance.
(a)
The owner of the lot shall be responsible for the maintenance,
repair and replacement of all landscaping materials installed in accordance
with the approved landscape plan.
(b)
All plant material shall be maintained in a healthy growing
condition, replaced when necessary and kept free of refuse and debris.
After the initial planting, all plant materials not surviving after
the first winter and through the following growing season shall be
replaced in kind.
(c)
Fences and walls shall be maintained in good repair. Gates or
openings may be provided where necessary for access to area for maintenance.
A building permit for construction of any structure shall be
issued by the Building Inspector only if the land on which construction
is proposed:
(1) Has frontage on any accepted Town way; or
(2) Is on a street on a duly approved and recorded subdivision plan;
or
(3) Lies on a way having, in the opinion of the Planning Board, 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 service such
land and proposed buildings.
Where a constructed way requires upgrading, said upgrading shall
be performed in accordance with the Braintree Subdivision Rules and
Regulations and the Planning Board shall require a performance guarantee
in accordance with the provisions of MGL c. 41, § 81U.
|
[Amended 10-21-1997 STM by Art. 18; 5-5-2003 STM by Art. 14]
As authorized in §
135-601, multifamily dwellings may be erected in Residence C, Cluster I, II, and III, General Business, Highway Business and Commercial Districts. Minimum lot size shall be 43,560 square feet (except Cluster I, II, and III which shall be five acres); minimum frontage shall be 100 feet; minimum open space shall be 2,000 square feet per dwelling unit. For Residence C, General Business, Highway Business and Commercial Zoning Districts the number of multifamily units to be allowed on site shall be determined as follows: 5,000 square feet for each one-bedroom or studio unit plus 1,000 square feet for each additional bedroom in each unit. The two-thousand-square-foot open space requirement is not in addition to the five-thousand-square-foot space requirement. For Cluster I, II, and III Zoning Districts, the number of multifamily units to be allowed on site shall be determined by the standards established in §
135-610C of this chapter.
Any increase in area, frontage, width, yard or depth requirements
shall not apply to a lot for single- and two-family residential use
which at the time of recording or endorsement, whichever occurred
sooner:
(1) Was not held in common ownership with any adjoining land;
(2) Conformed to the then existing zoning requirements; and
(3) Had at least 5,000 square feet and 50 feet of frontage.
No building shall exceed three stories or 35 feet in height
in residence districts. No building shall exceed four stories and
50 feet for habitable buildings or four stories and 45 feet for nonhabitable
buildings in business and commercial districts. Water storage towers
under the care, custody and control of the Braintree Water and Sewer
Department shall be exempt from height restrictions of this section
provided such exemption is granted by the Zoning Board of Appeal after
a public hearing on a finding by said Board that such exemption is
consistent with the furtherance of a municipal purpose.