[Amended 10-27-1992 STM by Art. 17]
[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.
(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]
A.
Landscaping.
(1)
Purpose. It is the purpose of this section to establish certain
regulations pertaining to the landscaping that must be provided in
connection with the buffer zone and landscape plan requirements of
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, 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 site plan review. Where the
floor area of the new and/or existing structure(s) on site is greater
than 4,000 square feet.
(3)
Submission requirements (landscape plans).
(a)
The landscape plan may be submitted concurrently with the site
plan, if required by the SPGA. The SPGA shall review such plans and
shall approve them if the plans are in accordance with criteria in
this section. If the plans are not in accord, they shall be disapproved
and shall be accompanied by a written statement setting forth the
changes necessary to bring the plans into compliance.
(b)
Landscape plans shall contain the following information:
[1]
Scale and North arrow.
[2]
Title block with applicant's name and the name and address of
the design professional who prepared the plan(s).
[3]
The proposed site development plan showing existing and proposed
building footprints, walls, fences, parking spaces, loading bays,
driveways, walks, storage areas, public rights-of-way, easements and
the location of structures on, and the uses of, abutting properties.
[4]
A plan and plant schedule giving botanical common names of plants
to be used, size at time planting, mature size, rate of growth, quantity
of each, location and method of any excavation and preparation, and
the spacing and location of all proposed trees, shrubs and ground
covers.
[5]
Location and name of streets abutting the development.
[6]
Location of all trees in, and within 50 feet of, any area to
be graded, and the location of any trees to be removed.
[7]
Proposed landscaping details including location, species, size
and number of trees, shrubs, ground cover and structural landscaping
elements.
[8]
A minimum scale of one inch equals 50 feet.
(4)
Standards. The following criteria and standards shall apply
to landscape materials and installation:
(a)
The landscape plan shall provide, to the maximum extent practicable,
for the preservation of existing trees, per the Conservation Commission
regulation "Tree Protection Policy" (approval voted 2-26-1998). 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 plan which provides for clear-cutting of existing trees
shall be approved by the SPGA only if the developer or contractor
establishes by clear and convincing evidence that the prohibition
of clear-cutting substantially and unreasonably restricts his ability
to develop the property, and that the development will not be economically
viable unless clear-cutting is permitted.
(b)
Landscape methods which conserve water through the use of drought-tolerant
plants and planting techniques (known as xeriscape) are encouraged.
(c)
Maintenance. The owner of the property shall be responsible
for maintaining, in a neat and orderly manner at all times, the landscaping
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 with healthy
plant material of similar variety and meeting the size requirement
of this section.
(d)
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 species, cultivar or variety and shall show
evidence of proper nursery pruning. All plant materials must be free
of insects, diseases, mechanical injuries and other objectionable
features at the time of planting.
(e)
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.
(f)
Trees. Trees referred to in this section shall be of a species
common to or adapted to this area of Massachusetts, on a tree list
provided by the Tree Warden or as approved by the Department of Planning
and Conservation. Caliper measurements shall be taken six 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.
(g)
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 which will be at least three feet high within
one year after time of planting.
(h)
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.
(i)
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 to
meet minimum American Standard for Nursery Stock Standards at time
of planting and for one year thereafter.
(b)
Any agreement for long-term maintenance of any landscaping project
must be negotiated prior to approval of the site plan 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.
Further, the required buffer strips described in a, b, and c
above shall not be used for parking or for any other accessory structure
or use except for access.
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.
[Added 3-17-2015 by Ord.
No. 14-066(7)]
(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. 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.
|
The application for a special permit must demonstrate in detail
the problems imposed by these requirements and provide an effective
alternative.
| |
|
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:
|
(a)
Proximity to a residential development.
(b)
Topography of the site and the adjacent property.
(c)
Nature of the use and/or activity on the site.
(d)
Land use of adjacent property.
(e)
Width and use of all abutting public rights-of-way.
(f)
Potential for impact of any nuisance activities such as noise,
light, or glare.
(13)
Maintenance. 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.
|
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.
| |
|
Fences and walls shall be maintained in good repair. Gates or
openings may be provided where necessary for access to area for maintenance.
|
A.
No area, other than driveways, required for front yards in Residence
A or B Districts shall be used for any accessory use including off-street
parking of motor vehicles and/or recreational vehicles. Driveway location
and arrangement shall be as approved by the Building Inspector.
[Amended 5-10-2004 ATM by Art. 40]
B.
No area required for a front yard in Residence C shall be used for
any accessory use including off-street parking, except for that portion
necessary for access and egress.
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:
A.
On corner lots (see definition, § 135-102), the area between the building or structure and each street line shall be defined as a front yard. For corner lots where intersecting streets are rounded, no building or structure shall be located less than 15 feet from the street measured radially from the circular arc.
B.
Traffic visibility across corners. In any district, no fence, planting,
foliage or other shrubbery shall be maintained between a plane 2 1/2
feet above the curb level and a plane seven feet above curb level
so as to interfere with traffic visibility across the corner or side
yard which is within a triangle bounded by the street lot lines and
a straight line drawn between points on each such lot line 25 feet
from the intersection of said lines or extension thereof.
A.
No yard, court or open space, or part thereof, used to satisfy the
zoning requirements for a site shall be used as part of the yard,
court, or open space similarly required to meet zoning requirements
for another site.
B.
The minimum dimensions required of any single area of a lot to qualify
as open space required for a building, structure or lot shall be not
less than 300 square feet in area and not less than 10 feet in any
one dimension.
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.
A.
There shall not be more than one building, designed or available
for dwelling purposes, erected, placed or converted for use on any
lot unless, after a public hearing, the Planning Board determines
that such use may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from
the intent and purpose of the Zoning Bylaws. Such approval will be
conditional on the providing of adequate ways and utilities, furnishing
access to each site for such building in the same manner as otherwise
required for lots within a subdivision.
A.
Purpose. The purpose of a site plan review conducted under this section
is to:
B.
Applicability. A site plan review shall be required prior to the
issuance of a building permit for:
(1)
All special permits as required under this chapter;
(2)
All multifamily or apartment developments; and
(3)
All developments where the area of any new structure or extension
of an existing structure is 500 square feet or more excluding single-
and two-family homes that are not subject to special permit and related
accessory structures.
[Amended 5-3-1993 ATM by Art. 55]
C.
Procedure for application.
(1)
Each application for a SPR shall be filed with the special permit granting authority (SPGA) in accordance with the provisions of Article V of this chapter and with any rules and regulations as have been adopted by the SPGA.
(2)
Each application for a SPR filed with the SPGA shall be administratively processed in accordance with the provisions of Article V of this chapter and with any rules and regulations as adopted by the SPGA. Approval of a site plan review shall require the affirmative vote of at least four members of the SPGA.
[Amended 5-11-1994 ATM by Art. 56]
(3)
All plans submitted by an applicant in support of a SPR shall
be signed and stamped by a professional engineer registered in Massachusetts
or by a professional land surveyor registered in Massachusetts. Each
application for a SPR shall include site plan(s) and profile drawings
of the proposed development for SPGA review. At a minimum, the site
plan(s) and profile drawings shall show both existing and proposed
(if applicable):
(a)
Access and egress to and from the site.
(b)
Lot lines and easements.
(c)
Buildings and structures.
(d)
Topography in one-foot contour intervals.
(e)
Surface water bodies, wetlands, areas subject to the one-hundred-year
flood.
(f)
Soil profile with depth to groundwater.
(g)
Landscape features such as fences, walls, walks and lighting.
(h)
Landscaping including trees to be retained and removed and a plan for screening (if required under § 135-702).
(i)
Parking areas and facilities for internal vehicular and pedestrian
circulation.
(j)
Site drainage and drainage calculations.
(k)
The location, capacity and projected usage of utilities.
(l)
Lighting.
(m)
Loading facilities.
(n)
Provisions for refuse removal.
(p)
Evidence as to the status of all permit applications for the
project to other local, state and federal agencies.
(q)
Architectural drawings showing proposed buildings and structures
and how they relate to the surrounding neighborhood.
(r)
Other information as may be necessary to assist the SPGA in
review of the project.
D.
Criteria for approval. Prior to approving a SPR, the SPGA shall ensure
that there will be a reasonable use of the site subject to the following
criteria:
(1)
Adequacy of the capacity of local streets to accommodate the
traffic to be generated by the proposed use. In addressing this criteria,
the SPGA may consider projections of increased traffic volumes due
to the proposed development and their impacts on existing streets.
(2)
Adequacy of the public infrastructure to service the project
and the area in the immediate vicinity of the site. The public infrastructure
includes the Town's water distribution system, its sewage collection
system and fire protection.
(3)
Relationship of structures and open spaces to the natural landscape,
existing buildings and other community assets in the area.
(4)
Protection of adjoining property against serious detrimental
uses by providing for adequate site drainage, sound and sight buffers
and the preservation of views, light and air quality.
(5)
Convenience and safety of vehicular and pedestrian movement
within the site, the location of driveway openings in relation to
traffic or to adjacent streets and, when necessary, compliance with
regulations for the handicapped.
(6)
Adequacy of the arrangement of parking and loading spaces in
relation to the proposed uses on site.
(7)
Adequacy of the methods of treatment, service and disposal of
water, refuse and other wastes resulting from the uses permitted on
the site.
(8)
Compliance with all the requirements set forth in this chapter.
E.
Any person aggrieved by a decision of SPGA or failure of the SPGA
to take final action concerning any application for site plan review
under this section may appeal to Superior Court or District Court
pursuant to MGL c. 40A, § 17. Said appeal shall be filed
within 20 days after the decision has been filed in the office of
the Town Clerk or, in the absence of a decision, within 20 days after
constructive approval has been deemed granted in accordance with MGL
c. 40A.
[Added 5-4-1999 STM by Art. 25]
