Article IV General Regulations

Entrances and/or driveways to a given tract of land must be made from an accepted or an approved right-of-way within the extremities of the frontage required, except that not more than two single-family dwellings or lots in the Residential Zoning District may maintain one shared driveway, provided that the driveway falls within the frontage of one or both of the lots, and all other provisions of this bylaw are met.

The slope of the driveway shall not be greater than 10% within 20 feet of the edge of the street pavement. There shall be no hazardous or blind driveways.

No person shall construct or maintain any driveway, conduit, or drain so as to discharge water or filth upon the street pavement or into open waterways or ponds.

No driveway shall be constructed which ties directly onto an accepted Town way which in any manner inhibits the existing drainage system of the Town way.

No single dwelling driveway or shared driveway center line will be located within 35 feet of the center line of any approved or constructed common driveway.

The applicant will be required to complete a Town of Bolton application for driveway permit.

(7)

The Planning Board shall issue regulations to go with this bylaw, including charging a filing fee adequate to cover legal review and construction inspection.

(8)

Existing driveways shall be required to meet the provisions of this bylaw where existing dwellings are razed and new dwellings are constructed with the exception of dwellings affected by natural disasters including fire. A waiver may be granted at the discretion of the Planning Board if the applicant can demonstrate it is impractical or impossible to meet this requirement.

[Added 5-1-2017 ATM by Art. 16]

Common driveways serving three lots to five lots. In residential districts, common driveways to serve three lots, four lots or five lots may be created by special permit issued by the Planning Board. Each such common driveway must meet the following criteria:

[Amended 5-4-1987 ATM by Arts. 6 and 8; 5-3-1993 ATM by Art. 11; 5-3-1999 ATM by Art. 14]

Lots served.

A common driveway, approved under this Subsection B may serve:

Three lots or four lots if at least one is a backland lot.

Three lots, four lots or five lots if two or more are backland lots.

"Backland lots" are as defined in and permitted by special permit issued under § 250-13E, Backland zoning.

A lot served is any lot crossed by, whether or not any building or any dwelling on the lot is actually accessed and/or served by this common driveway, or lot on which any building or any dwelling is accessed and/or served by this common driveway. All such lots must be included in the list and number of lots served.

Each lot served by the common driveway must have permanent access to the common driveway pursuant to an easement agreement acceptable to the Planning Board, and the deed to each lot served on a common driveway must reference this easement agreement. The easement agreement shall be recorded along with the special permit with the Worcester Registry of Deeds or with the Worcester County Land Court.

Any deeds of ownership of lots served by a common driveway shall require that the owners of said lots must be members of a maintenance association, the purpose of which is to provide for maintenance of the common driveway, which shall include, but not be limited to, snow plowing and maintaining design specifications. This maintenance association must be created by a maintenance association agreement acceptable to the Planning Board, and the deed to each lot served on a common driveway must reference this maintenance association agreement. This maintenance association agreement shall be recorded along with the special permit with the Worcester Registry of Deeds or with the Worcester County Land Court.

The common driveway is defined as extending from the approved or accepted right-of-way to which it is attached to the point it serves only one lot, the so-called "terminus." A common driveway may have more than one terminus. The common driveway shall be connected to an approved or accepted right-of-way at one, and only one, point. The entire common driveway must lie within the lots served, and in the Town of Bolton.

The common driveway must meet the design criteria of this bylaw, and any additional design criteria established by the Planning Board in regulations duly voted by said Board according to law.

The design criteria of this bylaw are:

Twelve feet minimum width of wear surface.

A minimum of eight inches of gravel wear surface.

[3]

The first 40 feet of the common driveway from an approved or accepted right-of-way must have a slope of 4% or less.

[4]

Suitable drainage appurtenances to prevent excessive erosion. These drainage appurtenances must further ensure to the satisfaction of the Planning Board that all proposed activity and all development, including the construction of dwellings, lawns and other impervious areas for all lots to be served by this common driveway, in no manner contribute to additional drainage onto any abutting property or onto any accepted or approved right-of-way.

[5]

A maximum slope of 12%.

[6]

The center-line intersection with an approved or accepted right-of-way must be 60° or more.

[7]

A turnaround located near each terminus, which location must be acceptable to the Planning Board, of at least 40 feet width and 30 feet depth.

[8]

An intercept width with the approved or accepted right-of-way of at least 50 feet.

[9]

A staging area of at least 40 feet in length and a minimum of 20 feet in width at the street line, tapering to a minimum of 12 feet in width at 40 feet from the street line.

[10]

Passing turnouts must be constructed which provide a total width of at least 18 feet along a distance of at least 25 feet, spaced no more than 300 feet between turnouts or at a lesser interval where in the Planning Board's opinion a lesser distance is warranted for safety considerations.

[11]

The length must be such that the distance along the common driveway center line to each building or dwelling served by the common driveway will not exceed 1,800 feet from the street side line, and that the length along any of its individual driveways measured from the center line of the common driveway to any building or dwelling served by the common driveway shall not exceed 800 feet.

[12]

Signs to direct emergency access must be installed at the street line and at each driveway intersection with the common driveway.

[13]

The center line of the common driveway cannot be located closer than 35 feet to the center line of any approved or constructed single-dwelling driveway or shared driveway.

When deciding whether or not to grant a special permit to create a common driveway, the Planning Board should consider:

The safety of the common driveway, as designed, for normal use.

The safety of the intersection with the Town way.

[3]

The adequacy of the legal agreements for maintenance and access.

[4]

The adequacy of the common driveway to provide access to vehicles carrying materials which are potentially hazardous if spilled, such as home heating oil.

[5]

The environmental impact on wetlands and water resource areas as defined in the Wetlands Protection Act (M.G.L., c. 131, § 40) and Bolton’s Wetlands Bylaw, Chapter 233, from the overall project development within the limit of work area.

[Amended 5-6-2019 ATM by Art. 8]

Granting of a special permit under this bylaw does not constitute a waiver of any other applicable bylaw or statute.

The Planning Board shall issue regulations to go with this bylaw, including charging a filing fee adequate to cover both legal review and construction inspection.

The driveway shall be sufficiently constructed for access before issuance of any building permit.

Parking.

[Amended 5-4-1987 ATM by Art. 7; 5-7-2018 ATM by Art. 12]

Purpose. The purpose of this section is to ensure that all uses be provided with sufficient off-street parking and loading facilities to meet the needs of the proposed and actual uses; to ensure that off-street parking and loading facilities are designed so as to reduce hazards to pedestrians and drivers; to reduce congestion in the streets; to reduce nuisance to abutters from noise, fumes and headlight glare ordinarily associated with parking and loading areas; to reduce the environmental deterioration to surrounding neighborhoods resulting from glare, stormwater runoff, heat, dust and unattractive views associated with large expanses of pavement and vehicles.

General. Any use of a building, structure or land hereafter constructed, erected or altered in kind or extent shall provide and maintain sufficient off-street parking and loading facilities to accommodate all vehicles using the premises.

The special permit granting authority (if special permit or site plan approval is required) may request the assistance of the Design Review Board to review off-street parking and loading areas in accordance with § 250-23G(15)(b).

Changes. Any change to a building, structure or use, or a change from one permitted use to another permitted use shall comply with the requirements of the Schedule of Minimum Parking for the entire building, structure or use as changed.

Relief from parking regulations. Relief from the parking regulations as otherwise required in the bylaw may be obtained as follows:

Special permit from the Board of Appeals. Relief from the parking regulations may be granted by special permit from the Board of Appeals, where the Board finds that it is not practicable to provide the number of parking spaces required, if either 1) in the case of a change from a nonconforming use to a conforming use, that the benefits of a change to a conforming use outweigh the lack of parking spaces, or 2) in the case of a change from one conforming use to another conforming use, that the lack of parking spaces will not create undue congestion or traffic hazards on or off the site.

Use of required parking as commercial or public lot. No parking area designated as required parking in connection with a building, structure or use shall be operated as a commercial or public parking lot to provide spaces for the general public (excluding customers, clients, patients, guests or business invitees of the owner or tenant of each building or structure) for a fee or other compensation.

(7)

Schedule of minimum parking; general requirements.

Comparable use requirement. Where a use is not specifically included in the Schedule of Minimum Parking, it is intended that the regulations for the most nearly comparable use specified shall apply. Alternative off-street parking standards to those shown below may be accepted if the applicant demonstrates to the satisfaction of the special permit granting authority (or Building Inspector if no special permit or site plan approval is required), or their designee, that such standards are adequate for the intended use.

Shared parking for mixed use. Buildings or lots which contain more than one use are considered mixed use. In the case of mixed uses, the requirements shall be the sum of the requirement calculated separately for each use, so that adequate space shall be provided to accommodate all vehicles anticipated on the premises at any one time. Parking spaces for one use shall not be considered as providing the required spaces for any other use, except when it can be clearly demonstrated that the peak demands for two uses do not overlap. The applicant may use the latest peak demand analyses published by the Institute of Traffic Engineers (ITE) or other source acceptable to the special permit granting authority need for parking occurs at different times.

Schedule of Minimum Parking.

[Amended 6-22-2020 ATM by Art. 10]

Use	Minimum Parking Requirement
Assisted living housing, nursing care facilities	1 space for each 2 beds plus 1 space for each employee on largest shift and space for delivery vehicles
Restaurant (no drive-through service)	1 space per 100 square feet of gross floor area
Motel, hotel	1 space per room, plus 1 space per employee
Office building	1 space per 250 square feet of gross floor area
Medical and dental offices and clinics	4 spaces per doctor, dentist and allied professional person
Other retail, personal service	1 space per 250 square feet of gross floor area
Repair shop, building trade shop	1 space per 800 square feet of gross floor area
Banks	1 space per 300 square feet of gross floor area
Funeral homes	1 space per 4 seats
Used car sales	1 space per 1,500 square feet of gross floor area of indoor/outdoor display area
Light manufacturing, R and D laboratories	1 space per each 800 square feet of gross floor area
Schools, elementary and middle	2 spaces for each classroom, but not less than 1 space per teacher and staff position plus 1 space for each 5 seats of rated capacity of the largest auditorium or gymnasium
High schools	1 space per teacher and staff position plus 1 space per 5 students
Educational uses (exempt)	To be determined by special permit granting authority or Building Inspector based upon the most comparable other use in the table
Religious uses	1 space per 4 seats
Day-care center	1 space per 10 kids of rated capacity of facility plus 1 space for each employee on largest shift
Library, museums, community centers	1 space per 300 square feet of gross floor area
Hospitals	1 space per 250 square feet of gross floor area
Handball, racquetball, tennis courts	3 spaces per court plus 1 space per employee on the largest shift
Swimming pool	1 space per 75 square feet of gross floor area
Bowling alley	4 spaces per alley
Golf course	5 spaces per hole plus 1 space per employee on the largest shift plus 50% of the spaces otherwise required for accessory uses (restaurant, bar, etc.)
Trail recreation	1 space per 4 persons generally expected on the premises at any one time
Kennel	2 spaces plus 1 space per employee
Veterinary	2 spaces per exam room plus 1 space for each employee on largest shift
Landscaping services, landscaping contractor	1 space per each vehicle or trailer used in operation and 1 space per 3 employees
Bed-and-breakfast establishment or home	Off-street, on premises, with 1 space per room rented and 1 space per owner

(8)

Off-site parking. An applicant may use off-site parking to satisfy their parking requirements. As part of special permit and site plan approval, the applicant shall provide the necessary information to comply with the following standards:

Off-site parking shall be within 500 feet of the property line for which it is being requested or as determined by the special permit granting authority.

Off-site parking may only be provided if the off-site lot has an excess number of spaces or if the applicant can demonstrate that the on-site and off-site uses have noncompeting peak demands.

The amount of required parking spaces being reduced on-site shall be equal to the amount being provided off-site and can account for up to 50% of the minimum required on-site parking.

(d)

Off-site parking spaces provided by a separate private property owner shall be subject to a legally binding agreement that will be presented to the special permit granting authority or as a condition of approval. If the conditions for shared parking become null and void and the shared parking arrangement is discontinued, this will constitute a zoning violation for any use approved expressly with shared parking. The applicant or property owner must then provide written notification of the change to the Zoning Enforcement Official and, within 60 days of that notice, provide a remedy satisfactory to the Commission to provide adequate parking. Shared parking for mixed use under Subsection C(7)(b) shall apply for off-site parking spaces provided by a separate private property.

(e)

Off-site parking provided by means of a public parking facility shall be limited to 20% of the overall parking requirement for daytime peak uses.

(f)

On-street parking spaces that intersect or are completely contained within the frontage of the property may be counted toward the minimum parking requirements.

(g)

Uses sharing a parking facility shall provide for safe, convenient walking between uses and parking, including safe, well-marked pedestrian crossings, signage, and adequate lighting.

(9)

Off-street loading areas. One or more off-street loading areas shall be provided for any business that may be regularly serviced by tractor-trailer trucks, SU-30 design vehicles or other similar delivery vehicles. Adequate areas shall be provided to accommodate all delivery vehicles expected at the premises at any one time. Loading areas shall be located at either the side or rear of each building and shall be designed to avoid traffic conflicts with vehicles using the site or vehicles using adjacent sites.

(10)

Compact cars. In parking areas containing more than 40 parking stalls, 30% of such parking stalls may be for compact car use. Such compact car stalls shall be grouped in one or more contiguous areas and shall be identified by a sign(s).

(11)

Standard parking dimensional regulations.

Access to parking and loading areas shall be designed so as not to obstruct free flow of traffic. There shall be adequate provision for ingress and egress from all parking spaces and loading areas to ensure ease of mobility, ample clearance, and safety of vehicles and pedestrians.

Where sidewalks occur in parking areas, parked vehicles shall not overhang the sidewalk unless an additional two-foot sidewalk width is provided in order to accommodate such overhang.

Paved off-street parking areas shall be laid out and striped in compliance with the following minimum provisions:

Parking Angle	Parking Stall Width		Parking Stall Length of Line		Travel Lane Width
	Standard Space (feet)	Compact Car (feet)	Standard Space (feet)	Compact Car (feet)	Standard Space (feet)	Compact car (feet)
90° (two-way)	9	8	18	16	24	24
75° (one-way)	9.3	8.5	19	17	22	22
60° (one-way)	10.4	9.8	22	18.5	18	18
45° (one-way)	12.7	12	25	21.5	14	14
Parallel (one-way)	8	8	22	20	12	12
Parallel (two-way)	8	8	22	20	24	24

(12)

Off-street parking and loading area design requirements.

Off-street parking and loading areas shall be designed in accordance with the design review criteria outlined in § 250-23G.

Setbacks. Except where greater setbacks may be required elsewhere in this bylaw, no parking space or other paved surface, other than access driveways, common driveways or walkways, shall be located within 30 feet of the front lot line and within 10 feet of the side and rear lot lines.

Handicapped parking. Parking areas shall provide specially designated parking spaces for the physically handicapped in accordance with the Americans with Disabilities Act and/or the rules and regulations of the Architectural Barriers Board of the Commonwealth of Massachusetts Department of Public Safety. Signs for the handicapped parking shall be clearly identified indicating that the spaces are reserved for physically handicapped persons. Such spaces shall be located nearest to the entrance to the use or building served.

(d)

Perimeter landscaping requirements. All parking areas with more than five spaces and all loading areas shall be bordered on all sides with a minimum of a ten-foot wide buffer strip on which shall be located and maintained appropriate landscaping of suitable type, density and height to effectively screen the parking area.

Off-street parking and loading areas which are located within or adjacent to a Residential District shall provide buffer in accordance with § 250-23C and § 250-23G(7). These requirements shall not apply to nonresidential or mixed use development that is designed to integrate existing or future neighboring residences into the site through the use of walkways, bicycle paths, or other pedestrian amenities.

(e)

Interior area landscaping requirements. A minimum of 10% of the interior area, exclusive of perimeter landscaping, must be planted as landscaped island areas. Planting required within the parking area is exclusive of other planting requirements, such as for shade trees planted along the street.

Parking aisles. The ends of parking aisles that are 10 spaces or more in length shall incorporate landscape islands at either end of the row. Where the length of parking aisles is 20 spaces or more, an intermediary landscaped island shall be installed at regular intervals. Landscape islands used at the end of parking aisles shall enclose. Refer to § 250-23G(13)(c).

(f)

Plantings for perimeter and interior area landscaping:

Landscaping shall be provided in accordance with § 250-23G(8).

Shade trees shall be of a species tolerant to the climatic conditions of Bolton and/or parking area conditions and be of at least three-inch caliper.

[3]

Shrubs shall be a mix of deciduous and evergreen varieties, tolerant to the climatic conditions of Bolton, and be at least 18 inches in height at time of planting. Snow storage areas shall be planted with shrubs that are tolerant to weight and extended duration of snow cover.

[4]

Planting shall be done in accordance with proper landscaping practices.

[5]

Trees, shrubs, grass and ground cover which die or become diseased shall be replaced.

[6]

All landscaping in parking areas shall be placed so that it will not obstruct sight distance.

(g)

Lighting. Lighting shall be in accordance with § 250-23G(10).

(h)

Maintenance. Parking and loading facilities and landscaping shall be continuously maintained in good condition and appearance. Whenever necessary, surfacing, lighting, curbing, markings and plantings shall be repaired or replaced with new materials, and drainage structures shall be cleaned or replaced in order to insure continued compliance with the provisions of this bylaw. Failure to maintain parking facilities properly shall be considered a violation of the Zoning Bylaw.

§ 250-18 Sign regulations.

[Amended 5-3-1982 ATM by Art. 16; 11-15-1982 STM by Art. 1; 5-2-2011 ATM by Art. 20; 5-3-2021 ATM by Art. 10; 5-3-2021 ATM by Art. 12; 5-5-2025 ATM by Art. 13]

No person shall place, or cause to be placed, a sign anywhere in the Town without obtaining a sign permit from the Building Commissioner or by obtaining written permission of the Select Board where required.

The area of a sign shall include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, around the sign and any "cutouts" or extensions. The size of all signs shall be calculated by utilizing the exterior dimensions of the perimeter of a sign. If a sign consists of stand-alone lettering and/or symbols a perimeter must be drawn encompassing all of the lettering/symbols and the perimeter will be utilized to calculate the area. All stone monuments and/or large bases for any sign will be considered part of the area of the sign. Basic brackets and supporting framework will not be included in area calculations.

The following applies to all signs in Limited Business, Business, and Industrial Zones.

All signs must be accessory to the land use and building located on the property.

No individual sign shall exceed 36 square feet. The area of a sign shall include all lettering and design elements.

One building mounted sign is permitted for each commercial activity, business, product or service produced in a building. When a business also faces onto a public right-of-way or parking lot on the rear or side of the building, a secondary building mounted sign may be installed at the entrance on that side. Such secondary wall signs shall not exceed 20 square feet.

One free standing sign accessory to the property is permitted per lot. The total square footage of the sign cannot exceed 36 square feet. Multiple panels within a ladder type design may be utilized but the perimeter of said ladder sign cannot exceed 36 square feet.

No sign can be taller than eight feet above ground level.

No sign shall be closer than 20 feet to the road pavement.

(7)

External illumination shall be so shaded, shielded or directed that they shall not reflect or shine on or into neighboring premises or into any public street or public space. The exterior light shall be steady in illumination; no flashing or movement is permitted. The spotlight must be white or off white in color.

(8)

Labeling or placement of banners, decals and letters on windows, are considered signage and are permitted in the Industrial Business, Limited Business and Business Zoning District. The signage may comprise up to 20% of the total window area not to exceed 20 square feet. Abutting windows along the building face can be considered collectively and allow for an increase in square footage but shall not exceed the 20% of the window area.

(9)

The lettering symbols on awnings will contribute toward the maximum number of permitted signs. Any lettering or symbols included on the awning cannot exceed 6" in height.

(10)

Roof mounted signs are prohibited.

(11)

No sign shall be oscillating, flashing, operated with moving parts, or display the illusion of motion or be internally lit.

(12)

No outdoor advertising shall be painted, projected, or affixed upon any fence, rock, utility pole or tree. Painting on the surfaces of buildings/walls is considered a sign and is subject to area restrictions of this bylaw.

(13)

Removal of existing signs. Preexisting non-conforming signs which are enlarged, redesigned, replaced, or altered in any way including repainting in a different color, shall comply immediately with all provisions of this bylaw; and provided further that any such sign which has deteriorated to such an extent that the cost of restoration would exceed 35% of the replacement value of the sign at the time of replacement shall not be repaired or rebuilt or altered except to conform to the requirements of this bylaw.

Signs in residential zones.

Properties may have, by permit, one sign, nonilluminated and of area not greater than two square feet for the purpose of announcement of professional or home occupation or for the announcement of the occupants of the dwelling. The sign shall be limited to one background color, which shall be white, natural wood or the color of the principal structure or its trim and any color for all lettering and other designs. The lettering on the sign shall not exceed three inches in height. The sign must not be closer than 20 feet to the side lot line. The sign must not be closer than 10 feet to the road pavement. Street numbering is exempt from this requirement.

Non-residential uses in residential zones desiring a new sign not conforming under Subsection D(1) may apply under Subsection C of the bylaw, provided however that the sign shall not exceed 16 square feet in area.

Temporary signs.

Temporary signs, not permanently attached to a foundation, building, or footing, such as, but not limited to, those pertaining to the lease or sale of land or building on which the sign is located, a scheduled event or activity of public or non-profit organization, will be allowed by right without a permit in all zones and are subject to a maximum of six square feet in area.

Sandwich boards. One "A" frame Sandwich Board sign per building shall be permitted in addition to the other signs permitted under this Section, such signs shall require a sign permit under this bylaw, subject to the following conditions:

The sign shall only be displayed in front of the place of business outside of the right of way.

The sign can in no way impede sight distance for vehicular traffic or impede pedestrian travel.

§ 250-19 Line of sight at intersections.

The sign shall not exceed 24" in width and 48" in height.

(d)

Commercial sandwich board signs may be displayed only during business hours.

If literal enforcement results in substantial hardship and if no harm to the public good is evident, waivers may be granted by the Select Board.

[Added 5-7-2012 ATM by Art. 12]

The purpose of this bylaw is to provide a mechanism by which obstacles that threaten the public safety of the Town roads can be prevented. This bylaw is aimed at keeping safe sight lines open at intersections and other locations in which obstacles impede the line of sight.

Definitions. As used in this section, the following terms shall have the meanings indicated:

COMMERCIAL DRIVEWAY

Shall include any public entrance into or out of a place of business, including nonresidential uses in a residential district.

RESTRICTED AREA or SIGHT TRIANGLE

The intersection of any street or where a commercial driveway intersects with a street and is within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the property lines extended.

STREET

Shall include all Town roads both adopted and not yet adopted and roads serving private multidwelling developments. It shall not include private shared and private common driveways.

In the case where property lines are not related to the travelled way, a distance of 10 feet from the edge of the pavement or other distance defining the Town right-of-way on record at the DPW shall be used to define the restricted area.

Any dimensional requirements herein will be subject to the consideration of the impact on safety of intersecting road topology, curvature and gradient of roads and proximity of other intersections.

If the topology of an intersection or high traffic volume warrants special consideration, sight triangles can alternatively be defined using the methods described in Chapter 9 of the Policy on Geometric Design of Highways and Streets (2004) published by the American Association of State Highway and Transport Officials (AASHTO).

Exemptions.

Existing buildings, existing stone walls, historic and other existing structures are exempt from these requirements.

Existing fences, walls and signs are exempt from these requirements.

Trees are exempt from these requirements.

Restrictions. No new fence, wall, sign or structure, hedges, brush and other vegetation which impedes sight lines at elevations between three feet and eight feet above the roadways shall be installed or permitted to remain in the restricted area.

Permit. Any new fence, wall, sign or other structure installed in the restricted area will be subject to the issuance of a permit by the Building Inspector.

Remedies.

[Amended 5-3-2021 ATM by Art. 10]

If any fence, wall or sign, hedges, brush and other vegetation is determined to prevent or impede a safe view of the intersection or oncoming vehicles or pedestrians approaching the intersection, the Select Board may request that the property owner bring the fence, wall, sign, hedges, brush and other vegetation into compliance within a period determined by the Select Board.