[Amended 12-17-2008 by Bylaw Amendment 08-628]
Preexisting nonconforming buildings, structures
and uses may be continued, subject to the following:
A.
Change, extension or alteration of nonconforming buildings.
(1)
The Building Commissioner may permit a proposed extension,
alteration, or change to a preexisting nonconforming single- or two-family
dwelling, if he or she determines that there will be no increase to
the nonconforming nature of said building. A proposed extension, alteration,
or change shall be deemed not to increase the nonconforming nature
of said building if:
(a)
The building is located on a lot with insufficient
area, but the proposed extension, alteration, or change complies with
all other current setback, yard, and building height requirements.
(b)
The building is located on a lot with insufficient
frontage, but the proposed extension, alteration, or change complies
with all other current setback, yard, and building height requirements.
(c)
The building already encroaches upon one or
more required yard or setback areas, but the proposed extension, alteration,
or change will comply with the appropriate setbacks for the proposal
and all other current setback, yard and building height requirements
that the original lot complied with.
(2)
Any proposed extension, alteration, or change to a
preexisting nonconforming single- or two-family dwelling that the
Building Commissioner determines will increase the nonconforming nature
of such building shall require the granting of a special permit from
the Board of Appeals. The Board of Appeals may grant a special permit
if it determines that such extension, alteration, or change will not
be substantially more detrimental to the neighborhood than the existing
nonconforming building.
(3)
Other preexisting nonconforming buildings or structures
may be extended, altered, changed, or demolished and reconstructed,
upon the granting of a special permit from the Board of Appeals if
the Board of Appeals finds that such extension, alteration, change,
or demolition and reconstruction will not be substantially more detrimental
to the neighborhood than the existing nonconforming building or structure.
[Amended 10-21-2015 by
Bylaw Amendment 15-752]
B.
Changes to nonconforming use.
(1)
Any nonconforming use of a building or structure may be changed to another nonconforming use, provided the changed use is not a substantially different use, except as provided in Subsection B(2) below, and approval for the change is granted by a special permit for an exception by the Board of Appeals. For the purpose of this section, a "substantially different use" is a use which by reason of its normal operation would cause readily observable differences in patronage, service, physical appearance, noise, employment or similar characteristics from the existing nonconforming use or from any permitted use in the zoning district in which the subject property is located.
(2)
Any nonconforming use that is changed to a conforming
use shall not thereafter be changed to a nonconforming use.
C.
Restoration. Any preexisting nonconforming building
or structure may be reconstructed if damaged or destroyed by fire
or other accidental or natural cause, provided that said reconstruction
is completed within a period of two years following date of the initial
loss.
D.
Abandonment. A nonconforming use, which has been abandoned
or discontinued for a period of two years, shall not be reestablished,
and any future use of the premises shall conform to this chapter.
[Amended 10-18-1995 by Bylaw Amendment 95-302; 10-11-2017
by Bylaw Amendment 17-797; 8-8-2018 by Bylaw Amendment 18-811]
A.
Purpose. The purpose of this bylaw is to provide for the reasonable
regulation and control of accessory buildings and structures within
the Town of Franklin in order to protect the health, safety, and welfare
of its residents, without unduly restricting the conduct of lawful
enterprise.
B.
Setback requirements and height restrictions. The following setbacks shall apply to all accessory buildings and structures, unless otherwise regulated in other sections of Chapter 185:
(1)
No accessory building or structure shall be located within a required
front yard setback. Lots having frontage on any street will maintain
the front yard setback from all street frontage.
(2)
No accessory building or structure shall be located in any side yard
area nearer to the side lot line than 10 feet in any zoning district.
(3)
No accessory building or structure shall be located in a rear yard
nearer to the rear lot line than 10 feet.
(4)
No accessory building or structures shall be less than a distance
equal to the common building height to common grade to any rear or
side lot line.
(5)
No accessory buildings or structures of any size shall be closer
than 10 feet to any principal building, or other accessory building
or structure.
(6)
Accessory dwelling units within a detached building shall be located no closer to rear or side lot lines than stated in § 185-19B(1) through (5) above, or as stated in 185 Attachment 9, Schedule of Lot, Area, Frontage, Yard and Height Requirements, whichever is greater.
[Added 7-19-2023 by Bylaw
Amendment 23-896]
C.
Swimming pools. The setbacks for swimming pools shall meet those
of the accessory structure including pool equipment, i.e., pumps,
heaters, etc., in the section noted above. In the case of a corner
lot, the pool and the equipment must meet the front yard setback for
that zone.
|
Swimming pools are accessory structures whether in-ground, above-the-ground
or on-the-ground. To get an accurate measurement, above-the-ground
pools should be measured from the outside of the pool including any
decking and related equipment; in-ground pools should be measured
from the outside edge of the pool or coping including equipment.
|
E.
Ground-mounted solar energy systems. The following restrictions are additional to setback and height requirements outlined in § 185-19B above:
(1)
Planning Board site plan review is required of all medium-scale ground-mounted
solar energy systems.
(2)
No accessory ground-mounted solar energy systems on parcels within
or adjacent to residential zoning districts shall be located in any
side or rear yard area nearer to the lot line than 20 feet.
(3)
No accessory ground-mounted solar energy system shall be more than
15 feet in height, measured from the common grade.
[Amended 1-10-1990 by Bylaw Amendment 89-172; 3-18-1992 by Bylaw amendment 91-222; 1-4-2006 by Bylaw Amendment
05-582; 3-21-2012 by Bylaw Amendment 12-672]
A.
Purpose.
|
The purpose of this bylaw is to provide for the reasonable regulation
and control of billboards, signs, and other advertising devices within
the Town of Franklin in order to protect and enhance the appearance
of the Town, as well as the health, safety, and welfare of its residents,
without unduly restricting the conduct of lawful enterprise.
|
B.
Applicability.
(1)
All externally visible signs not exempt under state law or under Subsection F, Exemptions, of this bylaw, shall be in compliance with the regulation contained within this bylaw.
(2)
Only temporary signs described by this bylaw shall be permitted.
All other temporary signs are not permitted. (See Attachment 10, Schedule
of Permitted Signs Per Sign District.[2])
[2]
Editor's Note: Attachment 10, Schedule of Permitted Signs Per Sign District, is included as an attachment to this chapter.
(3)
This bylaw establishes four separate sign districts with different regulations within each district. (See Attachment 10, Schedule of Permitted Signs Per Sign District.) These districts are delineated on the map entitled "Town of Franklin Sign Districts" and created under § 185-4, Districts enumerated.
[Amended 1-30-2019 by Bylaw Amendment 18-822R]
(a)
The Downtown Commercial District (hereafter DCD) consists of
parcels within the Downtown Commercial and Rural Business Zoning Districts.
(b)
The Commercial and Business Corridor District (hereafter CBCD)
consists of parcels within the Commercial I, Commercial II, Business,
Mixed Business Innovation, and Limited Industrial Zoning Districts.
[Amended 3-13-2019 by Bylaw Amendment 19-832]
(c)
The Industrial and Office Park District (hereafter IOPD) consists
of parcels within the Industrial and Office Zoning Districts.
(d)
The Residential District (hereafter RD) consists of parcels
within all residential zoning districts.
(4)
Any preexisting sign that this bylaw makes nonconforming shall remain
legally preexisting nonconforming until it requires replacement, except
replacement as a result of damage or destruction as specified in 185-18.C.
[Amended 1-30-2019 by Bylaw Amendment 18-822R ]
C.
Permit requirements.
(1)
General: The Building Commissioner shall determine sign compliance
with the requirements of this bylaw including but not limited to size,
shape, construction, location, lighting, materials, number, condition
and method of mounting or affixing to various surfaces.
(2)
Permits.
(a)
All signs shall receive a permit from the Building Commissioner
prior to installing or attaching any signs.
(c)
A sign permit shall become null and void if the work for which
the permit was issued has not been completed within a six-month period.
(d)
The Building Commissioner may order immediate removal of any
sign requiring a permit which has been erected without first obtaining
such permit.
(e)
All signs within the CBCD, DCD, IOPD or RD are required by this bylaw to obtain approval from the Design Review Commission prior to the issuance of a sign permit from the Building Commissioner. Procedures for obtaining Design Review Commission approval are defined in § 185-31(2), Design review.
[Amended 1-30-2019 by Bylaw Amendment 18-822R ]
(3)
Illumination.
(a)
Signs may be externally illuminated provided that there shall
be no glare cast onto adjacent residential properties or in a manner
to disrupt the movement of pedestrian or vehicular traffic.
(b)
Signs may be internally illuminated in all sign districts other
than the DCD and RD, provided that the background is dark in color
and the letters are light in color, or there is an opaque shield between
the light source and the sign panel that only allows the lettering
area to be illuminated. Canopies or awnings may also be internally
illuminated. There shall be no glare or direct light reaching any
adjacent residential properties or in a manner to disrupt the movement
of pedestrian or vehicular traffic from an internally illuminated
sign, canopy or awning.
(4)
Dimensional requirements.
(a)
General.
[1]
The size of a sign consisting of individual letters or symbols
attached to or painted on any type of surface, is the rectangular
area that encloses all of the individual letters or symbols. This
also includes canopies and awnings that have letters or logos as part
of them. In addition, any area of material or color forming an integral
part of the background of the display or which is used to differentiate
the display from the backdrop shall be included in the total sign
area calculation.
[Amended 1-30-2019 by Bylaw Amendment 18-822R]
[2]
Only one side is counted in computing the area of a double-faced
sign; however, not having a double-faced sign shall not allow the
applicant to add additional square footage to the maximum square footage
area allowed within the specific district that the sign is displayed.
(b)
Freestanding signs.
[1]
The height of a freestanding sign is the vertical distance from
the average finished grade of adjoining ground to the top of the highest
attached component of the sign.
[2]
All freestanding signs shall be placed, based upon the Building
Commissioner's determination in consultation with the Police Chief,
at least 10 feet from the road right-of-way. Within the DCD, if in
the Building Commissioner and the Police Chief determination that
a freestanding sign can be installed closer to the road right-of-way,
they can, at their option, authorize the sign to be installed no less
than a distance of five feet from the road right-of-way. Criteria
to be considered with regard to freestanding sign location include
but are not limited to whether the sign blocks the view of oncoming
vehicles or pedestrians, the width of the right-of-way and any conditions
that may block the view of the sign.
[Amended 1-30-2019 by Bylaw Amendment 18-822R]
[3]
Freestanding signs in the DCD, CBCD, IOPD may have a manually
changeable reader board with no more than three lines of text. Reader
boards shall be the color of the sign or white, with black, red, blue
or white block letters and numbers. Reader boards shall be included
in calculating the freestanding sign maximum square footage area.
[4]
Freestanding signs shall be supported with two uprights. No
freestanding signs shall be wider than the distance between the uprights.
[5]
Freestanding signs are required to be landscaped with selected
flora, no more than two feet above the average finished grade of adjoining
ground. This requirement may be waived if the landscaping is determined
to be a safety hazard based upon the Building Commissioner determination
in consultation with the Police Chief. The criteria to be considered
with regard to freestanding sign landscaping shall include but are
not limited to whether the landscaping blocks the view of oncoming
vehicles or pedestrians.
[Amended 1-30-2019 by Bylaw Amendment 18-822R]
[6]
Properties having multiple establishments shall only be permitted
one freestanding sign unless otherwise specified in Attachment 10,
Schedule of Permitted Signs per Sign District.
[Added 1-30-2019 by Bylaw
Amendment 18-822R]
(c)
Other.
[1]
Properties within the IOPD and CBCD that are directly abutting
or facing a residentially zoned district, shall have all signs reduced
in size by 50%.
[Amended 1-30-2019 by Bylaw Amendment 18-822R ]
[2]
No sign shall overhang a public way without prior written approval
from the Town Administrator and proof of insurance as determined by
the Town Administrator.
D.
Temporary signs.
(1)
The following are requirements for temporary signs within the Town
of Franklin unless otherwise regulated by this bylaw. (See Attachment
10, Schedule of Permitted Signs Per Sign District.)
(a)
Any new establishment is permitted to display a temporary sign,
upon Building Commissioner review and approval, provided they have
filed a complete application for the permanent sign(s) to the Design
Review Commission. Temporary signs can be displayed for up to 30 days
after the Design Review Commission approval of the permanent sign(s).
[Amended 1-30-2019 by Bylaw Amendment 18-822R ]
(b)
Temporary signs shall be attached to the structure where the
business is located.
(c)
Temporary signs shall be no more than six square feet in area,
unless otherwise specified in Attachment 10, Schedule of Permitted
Signs per Sign District.
[Amended 1-30-2019 by Bylaw Amendment 18-822R ]
(d)
No temporary sign shall be internally or externally illuminated.
(e)
No temporary signs shall be allowed within the Town right-of-way
or on Town property unless prescribed by this bylaw.
(f)
All temporary signs shall be constructed with suitable materials
to withstand the weather for the time period during which they are
displayed. Any temporary sign that shows wear or tear shall be ordered
removed by the Building Commissioner.
(g)
No temporary sign shall be allowed that obstructs visibility,
interferes with public access, or is otherwise determined to be a
safety hazard by the Building Commissioner in consultation with the
Police Chief.
(2)
The following is a list of temporary signs with special permitting
requirements and/or time frames for their display within the Town
of Franklin.
(a)
Real estate for sale or lease signs shall be no larger than
five square feet in size for residential properties and 20 square
feet for all other properties. These signs cannot be displayed until
the building or property is available for sale or lease and shall
be removed within a week of the sale or lease. These signs do not
have to be attached to a building.
(b)
Non-profit event signs. Signs pertaining to non-profit events
shall be permitted to be displayed at locations designated by the
Town. All signs must comply with Town display requirements and shall
be permitted through the Building Commissioners Department. These
will be allocated based upon the following criteria:
[Amended 1-30-2019 by Bylaw Amendment 18-822R]
E.
Prohibited signs.
(1)
Any signs having a part that moves or flashes, or signs of the traveling
light or animated type, and all beacons and flashing devices, whether
a part of, attached to or separate from a sign, are prohibited.
(2)
No liquid crystal display or light emitting diode signs are permitted
within the Town of Franklin other than gas station signs displaying
one price and no more than 16 square feet in size.
(3)
Roof signs, billboard signs, inflatable signs or banners are prohibited.
F.
Exemptions.
(1)
Any sign permitted by the Building Commissioner as necessary for
public safety or the public health.
(2)
Directional signs and directory signs bearing only property numbers,
names of occupants or premises or other identification of premises,
not exceeding one square foot in area and having no commercial connotations.
(3)
Flags and insignia of the United States government or the Commonwealth
of Massachusetts, and historical date plaques or markers approved
by the Historical Commission.
(4)
Legal notices, identification, informational or directional signs
erected or required by government bodies.
(5)
Political signs are exempt, except they are subject to the dimensional
requirements in Attachment 10 of this Zoning Bylaw, Schedule of Permitted
Signs per Sign District.
[Added 1-30-2019 by Bylaw
Amendment 18-822R ]
G.
Sign maintenance.
All signs shall be structurally sound and free from all hazards
caused or resulting from decay or the failure of structural members,
fixtures, lighting or appurtenances. All signs shall be maintained
in readable and clean condition and the site of the sign shall be
maintained free of weeds, debris and rubbish.
Owners of signs that are determined to be a safety hazard by
the Building Commissioner in consultation with the Police Chief shall
be directed to correct the condition by the Building Commissioner.
Failure to comply with the Building Commissioner's request will constitute
an enforcement action.
H.
Sign approvals.
[Added 2-6-2013 by Bylaw Amendment 12-696]
(1)
Design Review Commission sign approvals.
(a)
All new signs and sign modifications must be reviewed and approved
by the Design Review Commission prior to issuance of a building permit.
(2)
Application submittal requirements. Applicants must submit the following
information concurrently, to be considered a complete application
for review of signs; incomplete applications may result in refusal
of application.
(a)
One, original, Form Q, Design Review Application with Questions
A-F completed.
(b)
Nine, color copies of the proposed sign rendering.
[Amended 12-17-2014 by Bylaw Amendment 14-743]
(c)
Nine copies of the plan showing sign as required in § 185-31.2C(1)(c)[5].
[Amended 12-17-2014 by Bylaw Amendment 14-743]
(d)
Picture(s) of existing sign(s) if applicable.
(3)
Drawing requirements.
(a)
Color rendering of the proposed sign which includes but is not
limited to the following detailed information:
[1]
Type of sign (i.e., wall, pylon, etc.).
[2]
Size/dimensions.
[3]
Style of lettering.
[4]
Colors being used (specific name of color).
[5]
Materials.
[6]
Lighting (illuminated, nonilluminated).
[7]
Style of lighting being used (internally illuminated, externally
illuminated) and provide details of lighting fixtures.
(b)
A plan showing the proposed location of existing signs or proposed
signs and any proposed landscaping, if applicable to sign area.
(4)
Review criteria.
(a)
Signs shall be reviewed by the Design Review Commission according
to the criteria set forth in the Design Review Commission Design Review
Guidelines, Part IV Sign Guidelines, and Attachment 10 of this Zoning
Bylaw, Schedule of Permitted Signs per Sign District.
[Amended 1-30-2019 by Bylaw Amendment 18-822R ]
I.
Enforcement.
[Amended 2-6-2013 by Bylaw Amendment 12-696]
(1)
The enforcement agent for this bylaw shall be the Building Commissioner
or his designee.
[Amended 1-30-2019 by Bylaw Amendment 18-822R]
(2)
The Building Commissioner may order the cessation, repair, alteration,
correction or removal of any sign that is not in compliance with the
provisions of this bylaw.
(3)
Any sign may be inspected periodically by the Building Commissioner
for compliance with this bylaw and other requirements of law. Any
sign which has been ordered removed by Building Commissioner, or is
abandoned or discontinued, shall be removed by the sign owner or the
owner of the property on which the sign is located within 30 days
of written notice from the Building Commissioner. Violation of any
provision of this bylaw or any lawful order of the Building Commissioner
shall be subject to the following fines. Each day that violation continues
shall constitute a separate offense.
(4)
First offense: $50.
(5)
Second offense: $100.
(6)
Third and subsequent offense: $200.
J.
Appeals. Any applicant may appeal a Design Review Commission decision to the Zoning Board of Appeals (ZBA) within 10 days of the decision, by filing the appeal in writing to the ZBA Administrative Secretary specifying the grounds for such appeal. Any applicant may appeal the Building Commissioner's order of removal to the Zoning Board of Appeals within 10 days of the issuance of written notice, by filing the appeal in writing to the ZBA Administrative Secretary specifying the grounds for such appeal. Refer to § 185-45, Administration and Enforcement, for more information regarding the ZBA.
[Amended 2-6-2013 by Bylaw Amendment 12-696; 1-30-2019 by Bylaw Amendment 18-822R]
[Amended 3-1-1989 by Bylaw Amendment 89-141; 1-11-1999 by Bylaw Amendment
98-395-R]
A.
Parking requirements.
(1)
It is the intent of this section that adequate off-street
parking must be provided within a reasonable distance to service all
parking demands created by new construction, whether through new structures
or through additions to existing ones, or by change of use creating
higher parking demand.
[Amended 7-13-2011 by Bylaw Amendment 11-655; 8-8-2018 by Bylaw Amendment 18-805]
(2)
Buildings, structures and land uses in existence on
the effective date of these provisions are not subject to these off-street
parking requirements and may be rebuilt, altered or repaired but not
enlarged or changed in use without becoming subject to these requirements.
(3)
In applying for building or occupancy permits, the applicant must demonstrate that the minimum parking requirements set forth in Subsection B of this section will be met for the new demand without counting existing parking necessary for existing uses to meet these requirements.
(4)
The number of required spaces may be reduced below that determined under § 185-21B by the Planning Board for places subject to site plan review or by the Building Commissioner in other cases, upon determination that a lesser provision would be adequate for all parking needs because of such special circumstances as shared parking for uses having peak parking demands at different times, unusual age or other characteristics of site users, company-sponsored car pooling or other trip-conserving measures.
B.
Parking
schedule. The number of parking spaces required for a particular use
shall be as follows:
[Amended 7-13-2011 Bylaw
Amendment 18-805; 8-8-2018 by Bylaw Amendment 18-805]
(3)
All other zoning districts:
(b)
Nonresidential buildings: (Gross floor area is measured to the
outside of the building, with no deductions for hallways, stairs,
closets, thickness of walls, columns or other features.)
i.
Industrial buildings, except warehouses: one space per 400 square
feet of gross floor area.
ii.
Retailing, medical, legal and real estate offices: one space
per 200 square feet of gross floor area, plus one space per separate
enterprise.
iii.
Other offices and banks: one space per 250 square feet of gross
floor area.
v.
Recreation facilities: 0.8 space per occupant at design capacity.
vi.
Warehouses: one space per 1,000 square feet of gross floor area.
C.
Parking area design and location.
(1)
No off-street parking area shall be located within
10 feet of a street right-of-way.
(2)
All required parking areas, except those serving single-family
residences, shall be paved, unless exempted on the special permit
from the Planning Board for cases such as seasonal or periodic use
where unpaved surfaces will not cause dust, erosion, hazard or unsightly
conditions.
(3)
Parking areas for five or more cars shall not require
backing onto a public way.
(4)
Loading areas and parking areas for 10 or more cars shall provide screening in accordance with § 185-35.
(5)
Parking lots for 20 or more cars shall contain or
be bordered within five feet by at least one tree per 10 parking spaces,
trees to be two-inch caliper or larger, with not less than 40 square
feet of unpaved soil area per tree. Soil plots shall be located so
as to assure safe internal circulation.
(6)
Parking spaces more than 300 feet from the building
entrance they serve may not be counted towards fulfillment of parking
requirements unless the Planning Board determines that circumstances
justify this greater separation of parking from use.
(7)
The following shall apply to entrances or exits to
all parking areas having 20 or more spaces:
(a)
Entrance or exit center lines shall not fall
within 50 feet of an intersection of street side lines or within 150
feet of the center line of any other parking area entrance or exit
on the same side of the street, whether on the same parcel or not,
if serving 20 or more spaces. Users shall arrange for shared egress
if necessary to meet these requirements.
(b)
The Planning Board may issue a special permit reducing the requirements of § 185-21C(7)(a), upon its determination that, as a result of off-site conditions beyond the developer's control, a proposed development cannot practicably meet them, but that the proposed development nonetheless adequately addresses vehicular ingress and egress, including both traffic flow and public safety. The Board may require additional mitigation measures as an alternative.
[Amended 6-4-2014 by Bylaw Amendment 14-732]
(c)
Sight distance for exiting vehicles shall comply with stopping
sight distance (SSD) and intersection sight distance (ISD) as defined
by the Massachusetts Department of Transportation in its 2006 Project
Development and Design Guide.
[Added 6-4-2014 by Bylaw Amendment 14-732]
(8)
Parking area aisles in a ninety-degree layout shall
be no less than 24 feet wide to provide adequate width for vehicles
to enter or leave parking spaces in a single motion. Aisles in a parking
area using other than ninety-degree angles shall provide adequate
width for vehicles to enter or leave the parking spaces in a single
motion.
[Added 6-2-1999 by Bylaw Amendment 99-410]
(9)
Parking space dimensions.
[Added 6-2-1999 by Bylaw Amendment 99-410]
(a)
Parking spaces in a layout other than parallel
shall not be less than nine feet in width and 19 feet in length.
(b)
Parking spaces in a parallel layout shall not
be less than 24 feet in length, measured parallel to the travel lane,
and have a width not less than nine feet, perpendicular to the travel
lane.
D.
Loading requirements. Adequate off-street loading
facilities and space must be provided to service all needs created
by new construction, whether through new structures or additions to
old ones, and by change of use of existing structures. Facilities
shall be so sized and arranged that no trucks need back onto or off
of a public way or be parked on a public way while loading, unloading
or waiting to do so.
E.
General driveway requirements. The grade of each driveway
where it intersects with the public way shall not exceed 15% for a
distance of 40 feet from the travel surface of the public way unless
the Planning Board shall grant a special permit after a determination
that said driveway will provide safe and reasonable access for fire,
police and emergency vehicles.
F.
Common driveway requirements. The Planning Board may
allow common driveways serving more than two lots on special permit.
A common driveway must satisfy all of the conditions in this section,
as well as all of the following conditions:
(1)
The center line intersection with the street center
line shall not be less than 45°.
(2)
A minimum cleared width of 12 feet shall be maintained
over its entire length.
(3)
A roadway surface of a minimum of four inches of graded
gravel, placed over a properly prepared base, graded and compacted
to drain from the crown shall be installed.
(4)
The driveway shall be located entirely within the
boundaries of the lots being served by the driveway.
(5)
Proposed documents shall be submitted to the Planning
Board demonstrating that, through easements, restrictive covenants
or other appropriate legal devices, the maintenance, repair, snow
removal and liability for the common driveway shall remain perpetually
the responsibility of the private parties or their successors-in-interest.
All uses in Industrial Districts must conform
to the following:
A.
Disturbances. No sound, noise, vibration, odor or
flashing (except for warning devices, temporary construction or maintenance
work, parades, agricultural activities or other special circumstances)
shall be perceptible without instruments more than 400 feet from the
boundaries of the originating premises within an Industrial District
or more than 200 feet inside the boundaries of a commercial or business
district or more than 100 feet inside the boundaries of a residential
district. However, the Board of Appeals may grant a special permit
for an exception for activities not meeting these standards in cases
where the Board determines that no objectionable conditions will thereby
be created for the use of other properties.
B.
Evidence of conformity. Evidence shall be provided
that any use of radioactive materials will be in conformance with
applicable regulations of the Nuclear Regulatory Commission, and any
use of flammable or explosive materials will be in conformance with
applicable regulations of the Massachusetts Board of Fire Prevention
Regulations, discharges into the air will be in conformance with applicable
regulations of the Southeastern Massachusetts Air Pollution Control
District, sewage disposal will be in conformance with applicable requirements
of the Massachusetts State Environmental Code and any electromagnetic
radiation will be in conformance with the regulations of the Federal
Communications Commission.
C.
Performance compliance. For a facility whose future
compliance with performance standards in this chapter is questionable,
the Building Commissioner may require that the applicant furnish evidence
of probable compliance, whether by example of similar facilities or
by engineering analysis. Issuance of a permit shall certify the Town's
acceptance of the conformity of the basic structure and equipment,
but future equipment changes and operating procedures must be such
as to also comply with these standards.
[Amended 5-12-1986 by Bylaw Amendment 86-65; 3-2-1994 by Bylaw Amendment
93-251]
A.
Exemptions.
(1)
Less than 15 cubic yards. Earth removal of less than
15 cubic yards within any twelve-month period is exempt from further
regulation.
(2)
More than 15 cubic yards.
(a)
Earth removal in excess of 15 cubic yards but
less than 1,000 cubic yards is exempt from further regulation if it
is:
[1]
Incidental to construction on the premises under
a current building permit as required for foundation excavation, swimming
pools, septic systems, driveways and parking areas to grades indicated
on a plot plan approved by the Building Commissioner;
(b)
Provided that a permit is obtained from the
Building Commissioner prior to commencement of earth removal, which
the Commissioner may condition as to length of time, volume of material
excavated and/or removed, hours of operation, methods of removal,
protection of surrounding areas, drainage and erosion control and
final restoration. All work required under this section shall be completed
prior to the issuance of an occupancy permit.
(c)
In addition, topsoil stripped and stockpiled shall be restored to its original location (i.e., on the same lot or within the road right-of-way) within 24 months of such stripping or prior to issuance of an occupancy permit by the Building Commissioner, whichever occurs first, and, in the case of an occupancy permit, subject to the performance guaranty requirements in Subsection G(1)(d) as necessary.
(d)
Earth removal in excess of 1,000 cubic yards in any areas as noted in Subsection A(2)(a)[1], [2] and [3] above shall require a special permit by the Board of Appeals. In addition, earth removal in excess of 1,000 cubic yards within the same industrial subdivision requiring hauling on public roads within the subdivision shall not require a special permit and shall be permitted, subject to the applicant providing a performance guaranty satisfactory to, and in an amount determined by, the Board of Appeals. Any earth removal outside of the boundaries of the industrial subdivision shall require a special permit by the Board of Appeals.
B.
Submittals. The following items are required to be filed with the application to the Board of Appeals in accordance with § 185-45E, Special permits:
(1)
Report. A report is required to be prepared and stamped
by a registered engineer describing:
(a)
The site, the proposed operation (including
equipment), hours of operation, routing of vehicles and phasing (both
in terms of areas of site and duration of time required for the operation).
(b)
The method for the handling of ledge, boulders,
tree stumps and other waste materials.
(c)
Test pit and monitoring well locations and information/data,
including readings of the highest groundwater levels during the months
of February, March, April and May.
(d)
An analysis by a hydrogeologist of the impact
on historical high groundwater in the area of the earth removal during
the months of February, March, April and May and any control or mitigating
work required.
(e)
The legal names and addresses of:
[1]
The current owner of the property as shown on
record at the Norfolk Registry of Deeds.
[2]
The petitioner.
[3]
The contractor and/or operator of the removal
operation.
[4]
A list of all abutters, and abutters to abutters,
as shown on the most recent assessor's list, within 300 feet of the
property lines of the subject parcel.
(f)
A statement from the applicant as to the intended
and/or approved use of the subject property for earth removal and
the estimated quantitative amount of earth removal as shown on the
plans.
(g)
A statement indicating all trucking routes,
alternate routes, trucking hours and methods. This statement shall
also outline the safety concerns of the proposed routes.
(h)
Drainage and erosion control methods during
the earth removal operation, including site drainage calculations
for pre- and post-excavation (including runoff calculations) and exposed
face height and slope limits.
(i)
A cross-section of the subject parcel, graphically
indicating existing elevations, proposed elevations, historical high
groundwater and soil profile.
(j)
A statement from the Zoning Enforcement Officer
as to the existence of unexpired earth removal special permits applicable
to a parcel of land that abuts the parcel of land from which the applicant
seeks to remove material.
(2)
Plans and/or specifications. A site plan is required
to be prepared, stamped and signed by a registered engineer and land
surveyor that includes, but is not limited to:
(a)
Property lines, the name of the current owner,
abutting parcels with owners' names, adjacent streets and roads.
(b)
Limits of proposed excavation.
(c)
Topography and locations of all structures within
200 feet of the site.
(d)
Existing topography by two-foot contours.
(e)
Proposed final contours at two-foot intervals.
(f)
The proposed vegetation cover and trees and
methods and details of final grading and landscaping.
(g)
Proposed site drainage plans during and after
earth removal including runoff calculations and materials.
(h)
Grades below which no excavation shall take
place.
(i)
All watercourses, brooks, swamps, Water Resource
Districts, Floodplain Districts and their respective elevations.
(j)
Proposed on-site haul routes.
(k)
The areas of phasing of the earth removal.
C.
Minimum removal operation standards. The following
items are to be followed, used and/or incorporated into the above
report and/or plans:
(1)
All excavations shall be more than 200 feet from an
existing public way unless specifically permitted by the Board of
Appeals, and no excavation shall be less than 50 feet from any other
perimeter lot line, unless permitted by the Board of Appeals.
(2)
Existing natural vegetation beyond the limits of removal
shown on the plan shall be left, protected and maintained for screening
and noise reduction purposes, and surge piles and overburden piles
shall be located for similar purposes in accordance with the approved
plan.
(3)
All hauling roads shall be shown on the approved plan
and marked on the site by stakes, flags, rods or other method which
is clearly discernible, and all hauling vehicles shall use those roads.
All unpaved hauling roads on the site leading from earth removal areas
to public ways shall be treated with stone or other nonhazardous materials
that do not involve the use of oil or petroleum products, as approved
by the Board of Appeals, to reduce dust and mud. Roads leading from
earth removal areas to public ways shall be designed and constructed
so as to help screen the operation from view. Any spillage on public
ways shall be cleaned by the applicant on a twice-daily basis, one
time being following the normal working hours.
(4)
No earth materials shall be excavated below an elevation
which is 10 feet above the historical high groundwater within the
Water Resource District or below an elevation which is six feet above
the elevation of the historical high groundwater elsewhere, unless
required by construction on the premises under a current building
permit. This elevation shall be established from a test pit(s) and
monitoring well(s), the level related to a permanent monument on the
property and shown on the topographic plan, and is to be tied to the
United States Geological Survey (USGS) vertical datum.
(5)
During removal operations, no slope shall exceed one
foot of vertical rise to 1 1/2 feet of horizontal distance or
the natural angle of repose of the material in a dry state if stated
in the engineer's report and approved by the Board, whichever is the
flatter, except in ledge rock, which may be vertical.
(6)
Provision shall be made for safe drainage of water
and for prevention of wind or water erosion carrying material onto
adjoining properties.
(7)
Proposals for removal which extend to within 100 feet
of wetlands require a public hearing per MGL c. 131 by the Conservation
Commission for a determination of applicability of the Wetlands Protection
Act.
D.
Review by the Board of Appeals. The Board of Appeals,
in considering the special permit application, shall employ the following
criteria:
(1)
Whether the proposed earth removal, where it is not
a commercial operation, is the minimum reasonably required in connection
with the construction of an approved use or structure or an approved
subdivision on the same site as determined by the Board's consulting
registered engineer.
(2)
Whether the proposed earth removal significantly increases
surface water flow off the site or results in any adverse impact from
surface water on wetlands or on public or private water wells.
(3)
Noise, dust or other adverse effects that may be detrimental
to the amenities, aesthetics, general character or normal use of the
subject property as well as surrounding properties and whether it
has an adverse effect on public health or safety in the general neighborhood.
(4)
Any adverse effects on the preservation of natural
tree coverage and desirable vegetation.
(5)
The impact of the earth removal on historical high
groundwater.
(6)
The recommendations for compliance with all Town bylaws,
Town boards and committees by the Town's consulting registered engineer,
retained by the Town and paid for by the applicant, after review by
the engineer of all submittals and of the complete application.
E.
Special permit issued by Board of Appeals.
(1)
Conditions of special permit. Any special permit issued
by the Board of Appeals shall state all conditions imposed, including
but not limited to:
(a)
The duration of the special permit.
(b)
The method of removal, including any phasing
of the earth removal operation.
(c)
Temporary structures.
(d)
Hours of operation.
(e)
Control of temporary and permanent drainage.
(f)
Trees to be planted and site restoration plans,
including the timing for completion of the restoration.
(g)
Site grading.
(h)
Special permit compliance review.
(i)
Bonding requirements.
(2)
Expiration of special permit. The special permit required
for earth removal shall expire two years from the date of issuance,
unless an extension, not to exceed two years, is granted by the Board
of Appeals following a public hearing.
F.
Monitoring of site operations.
(1)
The applicant's design engineer shall perform weekly
inspections (during any week that removal is being done) of work in
process and file written reports of the same with the Board of Appeals
and the Building Commissioner. Said report shall contain at least,
but shall not be limited to:
(a)
Status of the work since the last report.
(b)
Percentage of completion, including daily and
weekly totals of the number of cubic yards of earth removed from the
site and a cumulative total, from project inception to date, of the
number of cubic yards of earth removed from the site.
(c)
Hauling logs.
(d)
Areas stripped and areas restored.
(e)
Items of noncompliance with the plan or report
and corrective action required.
(f)
Any other information that is relevant to the
project.
(2)
The Town's consulting registered engineer shall perform
inspections of the site on a frequency as deemed necessary by the
Building Commissioner.
(3)
Copies of the reports shall be kept on the site and
shall be available for inspection by the Building Commissioner or
other representative of the Board of Appeals.
G.
Performance guaranty.
(1)
Form and period.
(a)
The Town's consulting registered engineer shall
provide a recommendation for the performance guaranty figure for complete
restoration of the site.
(b)
A performance guaranty of $5,000 per acre of
disturbed area, or such other higher amount and form as determined
sufficient by the Board of Appeals, shall be posted in the name of
the Town with the Town's Comptroller, with a copy provided to the
Board of Appeals and the Building Commissioner, ensuring satisfactory
performance in the fulfillment of the requirements of this chapter
and such other conditions to the issuance of its permit as the Board
may impose.
(c)
The performance guaranty period shall extend
beyond the special permit as specified by the Board to verify that
all conditions of the special permit have been met.
(2)
Conditions prior to release of the performance guaranty.
(a)
No portion of the performance guaranty shall
be released until sufficient time has lapsed to ascertain that the
vegetation planted has successfully been established and that drainage
is satisfactory and all other conditions have been met.
(b)
Prior to completion and release of any performance
guaranty, all land shall be so graded that no slope exceeds one foot
of vertical rise in three feet of horizontal distance and shall be
so graded in accordance with the approved plan.
(c)
All boulders and stumps shall be removed or
buried and trees removed or chipped in accordance with the approved
plan.
(d)
The entire area, except approved areas of ledge
rock, shall be covered with not less than four inches of good quality
topsoil, which shall be planted with cover vegetation adequate to
prevent soil erosion using either grasses or ground cover, depending
upon condition. Prior to commencement of site restoration, notice
of timing and materials to be used shall be given to the Building
Commissioner in writing.
(3)
Forfeiture of performance guaranty. Failure to comply
with the requirements of the special permit, after written notification
and a public hearing by the Board of Appeals, shall be cause for forfeiture
of the performance guaranty.
H.
Penalties and revocation of special permit.
(1)
Penalties. Failure to comply with the requirements of the special permit shall be punishable by a fine of not less than the maximum permissible limit set forth by MGL c. 40A, § 7, as amended. Each truckload of earth removed from the site in violation of this section shall constitute a separate offense. Each late delivery of the applicant's weekly monitoring report, as required pursuant to Subsection F, shall also constitute a separate offense, with the "late delivery" defined as being postmarked five days after the scheduled delivery date.
(2)
Revocation of special permit. In the event of a failure
to comply with the requirements of the special permit, the Zoning
Board of Appeals shall have the authority to reverse or modify its
decision concerning the special permit pursuant to MGL c. 40A, § 14.
[Amended 7-18-2012 by Bylaw Amendment 12-685]
A.
District establishment. The Floodplain District is herein established
as an overlay district. The District includes all special flood hazard
areas within the Town of Franklin designated as Zone A or AE on the
Norfolk County Flood Insurance Rate Map (FIRM) issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National
Flood Insurance Program. The map panels of the Norfolk County FIRM
that are wholly or partially within the Town of Franklin are panel
numbers 25021C0139E, 25021C0143E, 25021C0144E, 25021C0302E, 25021C0304E,
25021C0306E, 25021C0307E, 25021C0308E, 25021C0309E, 25021C0312E, 25021C0316E,
25021C0317E, 25021C0321E, 25021C0323E, and 25021C0336E dated July
17, 2012. The exact boundaries of the District may be defined by the
one-hundred-year base flood elevations shown on the FIRM and further
defined by the Norfolk County Flood Insurance Study (FIS) report dated
July 17, 2012. The FIRM and FIS report are incorporated herein by
reference and are on file with the Town Clerk, Planning Board, and
Building Commissioner.
B.
Development regulations. The following requirements apply in the
Floodplain District:
(1)
Within Zone A, where the base flood elevation is not provided on
the FIRM, the applicant shall obtain any existing base flood elevation
data, and it shall be reviewed by the Building Commissioner for its
reasonable utilization toward meeting the elevation or floodproofing
requirements, as appropriate, of the State Building Code.
(2)
In the floodway designated on the Flood Insurance Rate Map, the following
provisions shall apply:
(a)
All encroachments, including fill, new construction, substantial
improvements to existing structures and other development, are prohibited,
unless certification by a registered professional engineer or architect
is provided by the applicant, demonstrating that such encroachment
shall not result in any increase in flood levels during the occurrence
of the one-hundred-year flood.
(b)
Any encroachment meeting the above standard shall comply with
the floodplain requirements of the State Building Code.
(3)
In Zones A and AE, along watercourses that have not had a regulatory
floodway designated, the best available federal, state, local, or
other floodway data shall be used to prohibit encroachments in floodways
which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
(4)
Base flood elevation data is required for subdivision proposals or
other developments greater than 50 lots or five acres, whichever is
the lesser, within unnumbered A zones.
(5)
In a riverine situation, the Town of Franklin Conservation Agent
shall notify the following of any alteration or relocation of a watercourse:
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(a)
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Adjacent communities.
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(b)
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NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
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(c)
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NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
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(6)
The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:
(a)
Sections of the Massachusetts State Building Code (780 CMR)
which address floodplain and coastal high hazard areas;
(b)
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00);
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(d)
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5);
(e)
Any variances from the provisions and requirements of the above
referenced state regulations may only be granted in accordance with
the required variance procedures of these state regulations.
(8)
The following uses of low flood damage potential and causing no obstructions
to flood flows are encouraged provided they are permitted in the underlying
district and they do not require structures, fill, or storage of materials
or equipment:
(a)
Agricultural uses such as farming, grazing, truck farming, horticulture,
etc.
(b)
Forestry and nursery uses.
(c)
Outdoor recreational uses, including fishing, boating, play
areas, etc.
(d)
Conservation of water, plants, wildlife.
(e)
Wildlife management areas, foot, bicycle, and/or horse paths.
(f)
Temporary non-residential structures used in connection with
fishing, growing, harvesting, storage, or sale of crops raised on
the premises.
(g)
Buildings lawfully existing prior to the adoption of these provisions.
In commercial and industrial areas, side yard
and/or rear yard requirements shown in the Schedule of Lot, Area,
Frontage, Yard and Height Requirements[1] shall be waived where said lots are adjacent to an existing
railroad. This waiver shall apply only to the side adjacent to the
railroad right-of-way.
[1]
Editor's Note: The Schedule of Lot, Area, Frontage, Yard and Height Requirements is included at the end of this chapter.
On any corner lot within 25 feet of any street
intersection and a distance of 20 feet back from the street line,
no solid wall (including a retaining wall), fence or structure and
no hedges, shrubs or other plant growth shall be permitted in excess
of three feet above the crown of the road, if it blocks more than
1/3 of the area up to three feet at the time of greatest foliage.
Trees may be planted in the same area, no closer than five feet apart,
so long as the lowest branches are not closer than eight feet to the
ground. In addition, slopes on any corner lot shall be no greater
than three to one, three feet horizontal to one foot vertical, above
the street line (right-of-way) in the same area.
No storage or open display of junk cars, trucks,
machinery or any similar used materials will be authorized in any
zone. "Junk" shall mean secondhand autos, trucks or machinery that
has been unregistered or inoperative for a period of at least 60 days
and for which the Town of Franklin has issued no license to store
said items.
Concrete sidewalks, a minimum of six feet in
width, shall be constructed on all street frontages on accepted streets
of Commercial I, Commercial II and Business Zones, unless topography,
zoning district boundaries or other specific site conditions as certified
by the Planning Board would preclude usefulness of such sidewalks
if constructed.
Granite or reinforced concrete curbing shall
divide the driveway and parking areas from the landscaped area which
is 10 feet from the street line (right-of-way). Granite or reinforced
concrete curbing is also required to divide concrete sidewalks from
the right-of-way on accepted streets in Commercial I, Commercial II
and Business Zones, unless topography, zoning district boundaries
or other specific site conditions as certified by the Planning Board
would preclude such curbing if constructed.
Any lot abutting a right-of-way of 75 feet or
more in which a building is constructed within 150 feet of the right-of-way
must have trees planted at least every 30 feet in a row between 30
and 50 feet back from the right-of-way, unless a sufficient number
of trees already exists. Trees must be of two-inch caliper and approved
by the Tree Warden. If any of the trees do not live through the first
winter, they must be replaced.
[Amended 5-12-1986 by Bylaw Amendment 86-65; 3-20-1996 by Bylaw Amendment 96-308; 1-21-1998 by Bylaw Amendment
97-348; 1-21-1998 by Bylaw Amendment 97-349-R; 5-3-2000 by Bylaw Amendment 00-428; 8-6-2002 by Bylaw Amendment
02-499; 6-11-2003 by Bylaw Amendment 03-512; 1-4-2006 by Bylaw Amendment 05-582; 8-4-2010 by Bylaw Amendment 10-645; 2-6-2013 by Bylaw Amendment
12-695]
1.
Site plan review.
A.
Purpose and intent. The purpose of this section is to protect the health, safety and welfare of the inhabitants of the Town of Franklin by providing for a review of plans for uses and structures which may have impacts on traffic, environmental quality, community character and parking. It is also the intent of this section that the site plan review and design review process will ensure compliance with Chapter 185 of the Code of the Town of Franklin and good zoning practices.
B.
Authority.
(1)
General requirements.
(a)
No building permit shall be issued for, and no person shall
undertake, any construction, alteration, or other improvements unless
they have first obtained site plan review approval from the Planning
Board.
(2)
Exemptions.
(a)
The Town of Franklin or any of its departments.
(b)
Single-family and two-family dwellings.
(c)
Religious and educational uses as defined in Massachusetts General
Law Chapter 40A, Section 3, as to aesthetic considerations only.
(d)
Any exterior addition, exterior alteration or exterior improvement
to structures and/or land not greater than 600 square feet and not
involving any substantial change in use as determined by the Zoning
Enforcement Agent's interpretation of the Zoning Code Use Regulations
Schedule.
C.
Site plan approval.
(1)
Filing criteria. Any exterior addition, alteration or improvement
to structures and/or land that does not qualify as a limited site
plan modification (see § 185-31D, Limited site plan approval)
or is not exempt under § 185-31.1B(2), Exemptions, shall
require site plan approval.
(2)
Application submittal requirements. Applicants must submit the
following information concurrently, to be considered a complete application
for site plan review; incomplete applications may result in refusal
of application.
(a)
Eleven 24 x 36 inch, folded copies of the site plan along with
six 11 x 17 reduced size copies of the site plan.
(b)
One original. Form P site plan application and one copy.
(c)
One original, notarized certificate of ownership and one copy.
(e)
Filing fee. Fee submitted as calculated in Chapter 82. Appendix A, of the Franklin Town Code, List of Service Fee Rates, Section I. Planning.
(g)
The Planning Board may determine that a proposed project warrants the use of an outside consultant (e.g., civil engineer) per § 185-45L(1), Consultant review fees.
[1]
If required, the applicant must send one copy of
all submittal requirements to the requested outside consultant (e.g.,
civil engineer). Please contact the Department of Planning and Community
Development for consultant contact information.
(h)
Other. Additional materials as requested by Town staff and/or
the Planning Board.
(3)
Drawing requirements. Plans subject to site plan review shall be prepared by a professional land surveyor and/or professional engineer as required: drawings must contain the appropriate professional stamp prior to submittal. Supplemental plans may be prepared by a professional architect or landscape architect. A site plan shall be prepared in compliance with the various requirements of Chapter 185 (Zoning) showing:
(a)
Plans prepared at a scale between 1" = 20' and 1" = 50'.
(b)
The plan name (if applicable), date of plan preparation, all
revisions to plan and the nature of the revisions, North point, scale,
legend, Assessor's map and parcel identification numbers and appropriate
title information.
(c)
The name and address of the following: the record owner, the
applicant, professional land surveyor and/or professional engineer.
(d)
A vicinity/locus map including the location and boundaries of
the site, abutting land uses and zoning information (descriptive and
technical data).
(e)
Existing and proposed land and building uses.
(f)
Existing topography and proposed grading for the entire site. This should include earth removal as defined in § 185-3, Definitions.
(g)
An indication of wetlands or other areas potentially subject
to the Wetlands and Rivers Protection Act.
(h)
Areas included in any floodplain district and areas included
in the Water Resource District.
(i)
The location of any proposed structures, streets, ways, walls,
hydrants, principal drives, fences, outdoor lighting, open space areas,
recreation areas, egresses, service entries, loading facilities, facilities
for waste disposal or storage, snow storage areas and parking with
individual spaces identified.
(j)
The location, size and sketch of all proposed signs.
(k)
A landscaping plan showing existing vegetation, proposed vegetation
and the distinction between proposed and retained vegetation. A note
shall be placed on the plan that all plantings shall come from the
Best Development Practices Guidebook.
(l)
A photometric plan with sufficient illuminance values, to determine
compliance with § 185-31.1C(4)(e), Site plan, Review criteria.
(m)
Location and relevant details of proposed and existing water, drainage and sewerage systems in enough detail to determine if the applicant may be, upon request of the Planning Board, required to provide a stormwater report to ensure compliance with all federal and state requirements, including the Massachusetts Stormwater Management Standards, Town of Franklin's Subdivision of Land Stormwater Management Regulations, § 300-11 as applicable, Chapter 153, Stormwater Management, of Franklin's Town Code, and the Town of Franklin Best Development Practices Guidebook.
[Amended 8-10-2016 by
Bylaw Amendment 16-762]
(n)
Sufficient data to determine compliance with the rules and regulations
of the Architectural Barriers Board for handicapped parking, if applicable.
(o)
A parking schedule showing the number of parking spaces required for the proposed use(s) as required by § 185-21, Parking, loading and driveway requirements, versus the number of parking spaces actually being provided, if applicable.
(p)
A table showing the requirements of Chapter 185, Attachment 9: Schedule of Lot, Area, Frontage, Yard and Height Requirements, for the zoning district in which the property is located and how the proposed structure and/or uses will comply with the requirements.
(q)
Materials required for design review as provided for in § 185-31.2,
Design Review Commission, if applicable.
(r)
Data quantifying on-site generation of noise and odors, if applicable.
(s)
Description of traffic circulation, safety and capacity in sufficient
enough detail for the Board to make a determination of whether a traffic
impact analysis is necessary. If information is not sufficient, upon
the request of the Planning Board, an applicant may be required to
provide a comprehensive traffic study detailing the effects of the
proposed development.
(t)
Sight line information at proposed entrance/exit ways.
(u)
Limit of work area, including proposed tree line.
(v)
Plans should be prepared in consideration with policies set
forth in the Best Development Practices Guidebook and the Design Review
Commission Guidelines.
(4)
Review criteria. The Planning Board shall approve a site plan
only upon its determination of the following:
(a)
Internal circulation, queuing, entrance and egress are such
that traffic safety is protected and access via secondary streets
servicing residential neighborhoods is minimized.
(b)
Reasonable use is made of building location, grading and vegetation
to reduce visibility of structures, parking area, outside storage
or other outdoor service areas (e.g., waste removal) from public views.
(c)
Adequate access to each structure for fire and service equipment
is provided.
(d)
Utilities, drainage and fire-protection provisions serving the
site provide functional service to each structure and paved area in
the same manner as required for lots within a subdivision.
(e)
No site feature or activity shall create glare or illumination
which extends beyond a site's property lines and creates a hazard
or nuisance to neighboring property owners or on adjacent roadways.
Lighting shall be designed to provide the minimum illumination necessary
for the safety and security of the proposed activity. Lighting shall
be designed such that the light source is shielded and the light is
directed downward.
(f)
Proposed limit of work is reasonable and protects sensitive
environmental and/or cultural resources. The site plan as designed
will not cause substantial or irrevocable damage to the environment,
which damage could be avoided or mitigated through an alternative
development plan.
(g)
In accordance with the most recent Town of Franklin MS4 permit,
the use of low-impact development and green infrastructure practices
are encouraged and shall be incorporated into the site plan to the
maximum extent feasible.
[Added 5-5-2021 by Bylaw Amendment 21-868[1]]
[1]
Editor's Note: This bylaw amendment also redesignated former
Subsection C(4)(g) as Subsection C(4)(h).
(h)
All other requirements of the Zoning Bylaw are satisfied.
D.
Limited site plan approval.
(1)
Filing criteria. Any exterior addition, alteration or improvement
to structures and/or land that meets all of the following criteria:
(a)
Has previous site plan approval from the Planning Board, or
was constructed prior to 1930, date of original Zoning Bylaw approval;
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A site plan is considered to have been approved when one or
more of the following criteria have been met:
[Added 8-10-2016 by Bylaw
Amendment 16-764R] | |||
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i.
|
It can be demonstrated that a public hearing was held and that
the Planning Board voted and approved the site plan.
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ii.
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There exists a site plan bearing the endorsement by the Planning
Board.
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(b)
For any exterior addition, alteration or improvement to structures
and/or land that would normally qualify as a limited site plan modification
under § 185-31D, but does not because the existing property
has never had a previously approved site plan, may be approved by
the Planning Board without a full site plan, if the following criteria
are met:
[Added 8-10-2016 by Bylaw
Amendment 16-764R]
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i.
|
A complete topographic survey for the entire site is prepared
showing all existing structures, utilities, drainage, and grading.
| |
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ii.
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The portion of the site to be altered or improved fully complies
with all other requirements of § 185-31C, Site plan approval.
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iii.
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Specific problem areas identified outside the portion of the
site to be altered or improved must be addressed to the maximum extent
practicable.
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(c)
Results in the creation of no more than 15 additional parking
spaces;
(d)
Results in the exterior addition, alteration or improvement
to structures and/or land of no more than 5,000 square feet;
(e)
Results in an increase in impervious surface of no more than
10% of existing impervious coverage;
(f)
Does not alter the access to a public way;
(g)
Does not result in substantial change in use as determined by
the Zoning Enforcement Agent; and
(h)
Does not require any additional relief from the Zoning Board
of Appeals.
(2)
Application submittal requirements. Applicants must submit the
following information concurrently, to be considered a complete application
for limited site plan review; incomplete applications may result in
refusal of application.
(a)
Eleven 24 x 36 inch, folded copies of the site plan along with
six, 11 x 17 reduced size copies of the site plan.
(b)
One original, limited site plan application and one copy.
(c)
One original, notarized, certificate of ownership and one copy.
(d)
Filing fee. Fee submitted as calculated in Chapter 82, Appendix A, of the Franklin Town Code, List of Service Fee Rates, Section I, Planning.
(f)
Other. Additional materials as requested by Town staff and/or
the Planning Board.
(3)
Drawing requirements. Plans subject to limited site plan review shall be prepared by a professional land surveyor and/or professional engineer as required: drawings must contain the appropriate professional stamp prior to submittal. Supplemental plans may be prepared by a professional architect or landscape architect. A limited site plan shall be prepared in compliance with the various requirements of Chapter 185 (Zoning) and at a minimum show the following:
(a)
Plans prepared at a scale between 1" = 20' and 1" = 50'.
(b)
The plan name (if applicable), date of plan preparation, all
revisions to plan and the nature of the revisions. North point, scale,
legend. Assessor's map and parcel identification numbers and appropriate
title information.
(c)
The name and address of the following: the record owner, the
applicant, professional land surveyor and/or professional engineer.
(d)
The location and boundaries of the site: vicinity map.
(e)
Plan sets shall include previously approved site plan sheets
necessary to show where changes will occur.
(f)
Existing and proposed land and building uses, including location
of any proposed structures, streets, ways, walls, hydrants, principal
drives, fences, outdoor lighting, open space areas, recreation areas,
egresses, service entries, loading facilities, facilities for waste
disposal or storage, snow storage areas and parking with individual
spaces identified.
(g)
The Planning Board may ask for plans to include drawing requirements
as defined under § 185-31.1C(3), Site plan approval, Drawing
requirements, upon the representation from technical staff or consultants
that additional plans are needed in order to sufficiently review the
limited site plan.
E.
Special permits.
(1)
Where special permit(s) are required, a site plan or limited
site plan must be submitted under one application for approval, with
the special permit application.
(a)
No separate site plan approval shall be issued for a special
permit application(s), but rather a site plan shall be approved as
part of a special permit approval.
(b)
Accompanying site plans shall be submitted according to § 185-31.1C(3),
Drawing requirements, while accompanying limited site plans shall
be filed according to § 185-31.1D(3), Drawing requirements.
F.
Notice to Town boards and other Town officials.
(1)
The Planning Board shall notify the Design Review Commission,
Fire Chief, Police Chief, Department of Public Works. Department of
Planning and Community Development, Building Commissioner, Conservation
Commission, and Board of Health of its public hearing schedule and
in addition, may, in making its determination, request information
or analysis from any of the departments, boards or commissions listed
above.
G.
H.
Decisions.
(1)
No decision shall be issued by the Planning Board until all
other boards or commissions having jurisdiction over a proposed development
have issued decisions if a board's or commission's decision is likely
to impact the site plan/limited site plan being reviewed by the Planning
Board. A board or commission may issue a letter to the Planning Board
indicating no adverse impact will occur if the Planning Board issues
a decision prior to the other boards or commissions.
(2)
No building permit shall be issued until the final site plan
has been endorsed by the Planning Board.
(3)
All required improvements specified in the Planning Board's
final decision must commence within a one-year period and once commenced
shall proceed continuously until completion as determined by the Planning
Board, unless an extension is granted by the Board.
I.
Penalties.
(1)
Any person who fails without good cause to complete the required improvements within the period of time specified by the Planning Board shall be considered in violation of this chapter and § 185-45 of the Town of Franklin Zoning Code. Any violation of this section shall result in a fine of $300 for each offense; each day that such violation continues shall constitute a separate offense. Enforcement shall be by the Building Commissioner or his designee.
J.
Certificate of completion.
(1)
A certificate of completion or a certificate of partial completion
shall be submitted by the applicant's engineer or surveyor upon completion
of all required improvements. A temporary certificate of occupancy
of 30 days' maximum may be issued upon consideration of the Building
Commissioner provided requirements of all other Town departments have
been satisfied. No final certificate of occupancy shall be issued
by the Building Commissioner until a certificate of completion has
been reviewed and approved by the Planning Board.
(2)
The Planning Board will use outside consultant services to complete construction inspections, which shall be paid by the applicant as defined in § 185-45L, Consultant review fees.
(3)
The Board will act on certificate of completion requests within
30 days and will notify the Building Commissioner of approved certificates
of completion within five business days of its action.
2.
Design Review Commission, site plans, facades, landscape and lighting.
A.
Purpose and intent. The purpose of design review is to promote safe,
functional and attractive development of business and commercial areas;
to preserve and enhance the New England character of the Town's commercial
centers and thoroughfares as a valid general welfare concern; to unify
commercial properties, both visually and physically, with surrounding
land uses; to facilitate a more healthful urban atmosphere; to protect
and preserve the unique and cultural features within the Town; and
to protect commercial property values by enhancing the Town's appearance.
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•
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Every reasonable effort shall be made to preserve the distinguishing
original qualities of a building, structure or site and its environment.
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•
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The removal or alteration of any historic material, architectural
features or trees shall be avoided when possible.
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•
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Distinctive stylistic features and/or examples of skilled or
period craftsmanship which characterize a building, structure or site
shall be treated with sensitivity.
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•
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Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historical, architectural or cultural material
and when such design is compatible with the surrounding environment.
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B.
Design Review Commission review requirements.
(1)
Applicants must file with the Design Review Commission for any
external use of land, building, structure or project that requires
site plan review or limited site plan review and/or a building permit
and is at least one of the following, except for single- and two-family
dwellings:
[Amended 12-17-2014 by Bylaw Amendment 14-744]
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•
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Within Commercial I, Commercial II, Business Zoning Districts,
Downtown Commercial or Office.
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•
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Listed as a principal use in the Use Regulations Schedule, Part
II, 2, Commercial, regardless of the underlying zoning district.
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•
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Listed as a principal use in the Use Regulations Schedule, Part
V, 5, Recreational, regardless of the underlying zoning district.
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•
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Considered one of the following additional principal uses as
listed in the Use Regulations Schedule:
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—
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Part III, 3, Industrial, utility, 3.1: Bus, railroad station.
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—
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Part III, 3, Industrial utility, 3.12: Conference center.
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—
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Part IV, 4, Institutional, 4.2: Hospital, 4.2.a: Medical marijuana
treatment facility and 4.2.b: Medical marijuana testing facility.
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Part IV, 4, Institutional, 4.3: Charitable institution.
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—
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Part IV, 4, Institution, 4.5: Library, museum, art gallery.
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Part IV, 4, Institutional, 4.6: Lodge, social nonprofit.
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Part VI, 6, Residential, 6.1: Multifamily or apartment.
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—
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Signs.
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C.
Application submittal requirements.
(1)
Applicants must submit the following information concurrently,
to be considered a complete application for review before the Design
Review Commission; incomplete applications may result in refusal of
application.
(a)
One, original, Form Q, Design Review Application.
(b)
When applicable, a materials sample board should be brought
to the Design Review Commission meeting for review; color palette
numbers and product numbers are required for the record.
(c)
Nine, color (as applicable) copies of the site plan including
the following detailed information as applicable:
[1]
Landscape plan showing plantings; plantings must
be from Best Development Practices Guidebook.
[2]
Photometric plan indicating lighting levels and
specifications of lighting proposed.
[3]
Building elevations showing size and height of
building(s); front, rear and side elevations, including color and
type of surface materials.
[4]
Renderings or photographs showing the proposed
building site and surrounding properties. Applications for alterations
and/or additions shall depict existing structures to be altered and
their relationship to adjacent properties.
[5]
If there is currently signage on an existing building or at a site, please provide detailed photos of the sign(s) and its location on the building(s) or location(s) at the site or provide the required application for sign review for new signage under § 185-20H(2), Application submittal requirements.
(2)
Review criteria. The Design Review Commission shall consider,
at a minimum, the following standards in the course of the design
review of a proposed action:
(a)
Height. The height of any proposed alteration should be compatible
with the style and character of the surrounding buildings, within
zoning requirements.
(b)
Proportions of windows and doors. The proportions and relationships
between doors and windows should be compatible with the architectural
style and character of the surrounding area.
(c)
Relations of building masses and spaces. The relationship of
a structure to the open space between it and adjoining structures
should be compatible.
(d)
Roof shape. The design and pitch of the roof should be compatible
with that characteristic of New England architectural styles.
(e)
Scale. The scale of the structure should be compatible with
its architectural style and the character of the surrounding New England-style
buildings.
(f)
Facade line, shape and profile. Facades shall blend with other
structures in the surrounding area with regard to the dominant vertical
or horizontal context.
(g)
Architectural details. Architectural details, including signs,
materials, colors and textures, shall be treated so as to be compatible
with New England architectural styles and to preserve and enhance
the character of the surrounding area.
(h)
Advertising features. The size, location, design color, texture,
lighting and materials of all permanent signs and outdoor advertising
structures or features shall not detract from the use and enjoyment
of the proposed buildings and structures and the surrounding properties.
(i)
Heritage. Removal or disruption of historic, traditional or
significant uses, structures or architectural elements shall be minimized
insofar as practicable.
(j)
Energy efficiency. To the maximum extent reasonably practicable,
proposals shall utilize energy-efficient technology and renewable
energy resources and shall adhere to the principles of energy-conscious
design with regard to orientation, building materials, shading, landscaping
and other elements.
(k)
Landscape. The landscape should improve the character and appearance
of the surrounding area, and parking areas should be located to the
side or rear of buildings when reasonably possible.
[Amended 4-20-1994 by Bylaw Amendment 94-254]
A.
The street side portion of the top of any foundation
wall within 125 feet of a street right-of-way shall be 12 inches or
more above the higher of the top of the curb or the crown of the road
at its nearest point of the foundation unless the Building Commissioner
certifies, either by a separate certificate or by issuance of a building
permit, that, in his professional opinion, the grading and/or drainage
for the site as proposed on the certified site plan submitted with
the building permit application is designed to minimize the potential
for flooding of the space(s) inside the foundation. The "street side
portion," as used in this subsection, shall mean the portion of the
foundation wall which supports the portion of the building where the
front entrance thereto is located, provided that said portion of the
foundation and front entrance faces a street right-of-way.
B.
If the Building Commissioner finds that the drainage or grading is not adequate to prevent potential flooding, he shall so notify the applicant, and the applicant may apply for a special permit from the Zoning Board of Appeals under § 185-45D.
C.
No certification by the Commissioner pursuant to this
section shall be deemed to be a representation to any person of the
accuracy of the opinion, nor shall any certificate involve the Town
or any officer or employee thereof in any liability to any person.
A.
Every outdoor swimming pool having two feet or more
in depth and a capacity of 200 cubic feet or more in volume, whether
or not filled with water, shall, together with contiguous walks and
any diving structures or platforms, be completely surrounded at all
times by a fence or wall not less than 48 inches in height above grade.
This fence may be the pool wall itself, a building or a fence surrounding
the entire property. If the pool wall is to serve as part of the enclosure,
the entry area must be separately fenced, whether or not a removable
ladder, pull-down steps or similar device is used for access.
[Amended 1-10-1990 by Bylaw Amendment 89-171]
B.
Every such fence or wall shall be constructed as to
not have openings, holes or gaps larger than four inches in any dimension,
except for doors, gates and picket fences. In the latter case, however,
the gaps between pickets shall not exceed four inches. The fence shall
be substantially anchored to posts set into the ground.
C.
All gates or doors opening through such enclosures
shall be of not less than 48 inches in height and shall be equipped
with a self-closing and self-latching device located at least 48 inches
above the underlying ground and inaccessible from the outside to small
children. Every such gate or door shall be kept latched at all times,
except as necessary for passage.
[Amended 1-10-1990 by Bylaw Amendment 89-171]
D.
Portable pools having less than two feet in depth
or less than 200 cubic feet in volume may be located within required
yards but must be protected with a safety cover when left filled and
unattended.
Retail sales, storage or operation of banking
or other services from a truck or other trailer shall be allowed only
as follows:
A.
The following shall be screened, except within 10
feet of the street line, from any adjacent residential district or
use from which they would otherwise be visible:
B.
"Screening" in this context, shall mean an area four
feet wide, densely planted with evergreen trees or shrubs three feet
or more in height when planted, or a wall, fence or earth berm 12
inches or more in height or equivalent visual screening by natural
vegetation or difference in elevation between potential viewers and
the screened areas.
C.
The following shall apply to any use in an Industrial
or Business District if located on premises within 500 feet of a residentially
used structure in an adjacent residential district not allowing that
use and if located on a lot which abuts or extends into that residential
district by less than 75 feet or abuts another lot which has frontage
only within the residential district. Such uses shall provide a greenbelt
along the portion of the lot which abuts the residential district
or abutting lot cited above. Such greenbelt shall consist of an area
not less than 15 feet wide containing a dense grouping of trees and
shrubs providing a natural barrier between the lot and the adjacent
premises. The trees and shrubs shall have a height of not less than
three feet initially and shall be expected to have an effective height
of not less than seven feet within five years.
[Amended 5-12-1986 by Bylaw Amendment 86-65; 6-19-2013 by Ord. No. 13-702]
The maximum coverage by structures plus paving shall be as regulated in the Schedule of Lot, Area, Frontage, Yard and Height Requirements and, within the Water Resource District, as regulated in § 185-40. Greater coverage within the Water Resource District may be allowed pursuant to § 185-40D(1)(l). Greater coverage than allowed under the Schedule of Lot, Area, Frontage, Yard and Height Requirements within other districts may be allowed on special permit from the Planning Board upon its receipt of calculations prepared by a registered professional engineer indicating that stormwater runoff from the site will not be increased following the development.
The Board of Appeals may grant a specific permit
for a use accessory to a scientific research, scientific development
or related production activity, whether or not on the same parcel
as such activity. A special permit shall be granted where the Board
of Appeals finds that the proposed accessory use does not substantially
derogate from the public good.
[Amended 10-8-1986 by Bylaw Amendment 86-71; 11-4-1987 by Bylaw Amendment
87-102]
Multifamily dwellings and more than one single-family
or two-family dwelling on a single lot may be authorized on special
permit from the Planning Board in a Residential VI District, but only
as follows:
A.
Intensity of use requirements.
(1)
The maximum number of dwelling units permitted shall
not exceed the number which could reasonably be expected to be developed
under a conventional subdivision plan in full conformance with zoning,
subdivision regulations and health codes of the Town of Franklin,
as determined by the Planning Board following consultation with or
review by the Conservation Commission. All calculations of dwelling
units resulting in a fractional unit of 1/2 or more shall be rounded
up to the next whole number, all others being rounded down.
(2)
To assist the Planning Board in such determination,
applicants shall submit a conventional plan conforming to the requirements
for a preliminary subdivision plan.
(3)
Buildings shall be separated from side and rear lot
lines by a distance at least equal to the building height. In all
other respects, the requirements of the Schedule of Lot, Area, Frontage,
Yard and Height Requirements must be met.[1]
[1]
Editor's Note: The Schedule of Lot, Area, Frontage, Yard and Height Requirements is included at the end of this chapter.
B.
Serving housing needs.
(1)
Not fewer than 25% of the dwelling units authorized
shall be assured for at least 20 years, through covenant, repurchase
agreement or other means, to be sold or leased at costs and subject
to occupant income limitations meeting the guidelines of state or
federal housing assistance programs, such as the MHFA First-Time Homebuyer
Loans.
(2)
To assure consistency with the objectives of Chapter
40B of the General Laws and of Executive Order 215, this subsection
shall, from time to time, be reviewed and, if appropriate, amended
by Town Council action.
(3)
All calculations of dwelling units resulting in a
fractional unit of 1/2 or more shall be rounded up to the next whole
number, all others being rounded down.
C.
Site plan review. The requirements of § 185-31, Site plan review, shall be complied with at the time of application for a special permit.
D.
Development scale. There shall be no more than 100
dwelling units in any development. Contiguous developments shall be
distinct in terms of site arrangement, building design and overall
character of the development.
E.
Building design requirements. To minimize departure
from single-family residential scale, no single structure shall contain
more than six dwelling units; not more than two dwelling units shall
be served from a single building entrance; there shall be no more
than 12 parking spaces in any single parking area; and no parking
area of eight or more spaces shall be located within 50 feet of another
such area.
F.
Multifamily by conversion. In an RVI District, an existing nonresidential structure may be authorized to be converted to multifamily use subject, at the applicant's option, either to the above requirements or to the following in place of the requirements of Subsections A, D and E:
(1)
The structure being converted must have been in existence
for five more years, and there must have been no reduction in lot
area within that period or in the proposal.
(2)
Proposed additions to that must not increase lot coverage
by more than 25% of the lot area.
(3)
The Planning Board must make a determination that
the likely impacts upon the environs would be better through such
conversion than is likely to be the case given denial, considering
the alternative uses or nonuse the premises may be put to.
G.
Development timing schedule. A development timing
schedule shall be incorporated in the special permit, limiting the
number of dwelling units to be authorized building permits each calendar
year, taking into consideration:
(1)
The responsibility of the Town to accommodate at least
its historic share of regional residential development and to provide
for the housing needs of all population groups. The development timing
schedule shall be consistent with the schedule, if any, incorporated
into the concept plan by Town Council vote approving such plan in
creating the RVI District. The Building Department shall provide data
to the Town Council on the relationship of committed development authorizations
and historic Town growth each time that a Zoning Map amendment authorizing
multifamily housing is to be acted upon and shall provide such data
to the Planning Board each time that the Board is to act on a development
schedule or a special permit authorizing units beyond usual development
rate limitations.
(2)
The ability of the Town to adequately service the
proposed development with schools, streets, protective services and
utilities, including consideration of items listed in the most recently
published Capital Improvements Program.
(3)
The number of dwelling units authorized on building
permits in the preceding six months and scheduled to be authorized
under special permits previously granted.
(4)
The demonstrated ability of the regional housing market
to absorb additional units.
(5)
The applicant's requested phasing.
H.
Concept plan.
(1)
Except as part of a comprehensive reconsideration
of the Zoning Map, the Planning Board shall neither sponsor nor favorably
recommend any Zoning Map amendment to create a Residential VI District
unless at a public hearing it has had presented to it, by proponents
of the amendment, a concept plan and supporting materials, including
the following:
(a)
A concept plan of the district, showing use,
general shape and location of structures, parking, retained vegetation,
wetlands and points of egress onto public ways.
(b)
Materials indicating proposals for methods of
water supply and sewage disposal; tabulation of the number of dwelling
units, distinguishing single-family vs. multifamily, and indicating
occupancy (family, elderly, handicapped, etc.) and number of bedrooms;
a development timing schedule for dwellings and improvements; proposed
form of tenure, whether rental, condominium, cooperative or other;
means, if any, of providing for design control; and means, if any,
of providing assurance of long-term conformity to present proposals.
(c)
Analysis of the consequences of the proposed
development, evaluating the following impacts at a level of detail
appropriate to the number of units proposed and using analysis materials
provided by the Planning Board:
[1]
Natural environment: groundwater and surface
water quality, groundwater level, stream flows, erosion and siltation,
vegetation removal (especially unusual species and mature trees) and
wildlife habitats.
[2]
Public services: traffic safety and congestion,
need for water system improvements, need for public sewerage and sewerage
system improvements, need for additional public recreation facilities
and need for additional school facilities.
[3]
Economics: municipal costs and revenues, local
business activity and local jobs.
[4]
Social environment: rate of Town population
growth and range of available housing choice.
[5]
Visual environment: visibility of buildings
and parking and visual consistency with existing development in the
area.
(2)
Concept plan approval shall be granted only upon a determination that the proposed plan is at least as beneficial to the Town as conventional development would be, based upon the criteria of § 185-45E(3), and § 300-9B of the Subdivision Regulations of the Franklin Planning Board.
I.
Town Council action. Concept plan and supporting materials
shall also be presented to the Town Council at its hearing on the
proposed rezoning, in which case, at the time of acting upon the rezoning,
the Town Council shall approve, conditionally approve or disapprove
the concept plan by the same vote required for a zoning amendment.
In the event of lack of approval of a concept plan concurrent with
approval of the rezoning, a new or revised concept plan shall later
be submitted to the Town Council for its approval.
J.
Special permit decision. A special permit for multifamily
dwellings or more than one single-family or two-family dwelling on
a lot shall be granted only if the Planning Board determines that
the proposal is consistent with the concept plan previously approved
or conditionally approved by the Town Council in its decision on rezoning.
[Amended 12-16-2009 by Bylaw Amendment 09-638]
A.
Home professional office.
(1)
A professional office is permitted within the principal residential
building of a member of a licensed profession, provided:
(b)
The building or premises occupied shall not be rendered objectionable
or detrimental to the residential character of the neighborhood due
to exterior appearance, emission of odor, gas, smoke, noise, dust,
light, electrical disturbance, or any other deleterious effects to
the neighborhood. The Zoning Enforcement Office shall determine whether
a professional office is objectionable or detrimental to the residential
character of a neighborhood.
(c)
All required parking shall be provided off street. Parking lots
that hold four or more cars shall not be located within the front
yard and shall require screening vegetation or stockade fencing that
prevents the parked cars from being seen from the street or by residents
of abutting properties. This requirement only applies to parking associated
with the professional office and not normal resident parking of registered
vehicles.
(d)
No more than two other persons shall be employed on the premises.
(e)
No more than 25% of the total floor area, not to exceed 400
square feet, shall be devoted to such use.
(f)
Regular hours of operation shall not start prior to 7:00 a.m. or close after 8:00 p.m. The Zoning Board of Appeals may extend hours of operation, provided that the extended hours of operation do not violate Subsection A(1)(b). No commercial deliveries or pick-ups shall be made on Sundays.
(g)
A sign shall be permitted, provided that it is no larger than
three square feet in size.
(h)
There is compliance with all other applicable bylaws, regulations,
permits and agreements.
(i)
No noxious or hazardous material or chemicals may be used or
stored in quantities greater than those typically associated with
routine single-family residential use.
(2)
A building which is accessory to a dwelling and which was in existence as of the date of adoption of this bylaw provision may be authorized by the Zoning Board of Appeals (ZBA) for use as an office or workroom for the conduct of a professional office by residents thereon, provided that the ZBA determines that the conditions in Subsection A(1)(a) through (i) are satisfied.
B.
Home occupation.
(1)
A home occupation is permitted within the principal residential building,
provided that there is demonstrated compliance with each of the following
conditions:
(b)
The building or premises occupied shall not be rendered objectionable
or detrimental to the residential character of the neighborhood due
to exterior appearance, emission of odor, gas, smoke, noise, dust
or light, electrical disturbance, or any other deleterious effects
to the neighborhood. The Zoning Enforcement Office shall determine
whether a home occupation is objectionable or detrimental to the residential
character of a neighborhood.
(c)
Only persons who reside on the premises shall be employed in
the home occupation.
(d)
Not more than 25% of the total floor area or 300 square feet,
whichever is smaller, shall be regularly devoted to such home occupation.
(e)
There shall be no retail sale of articles, except for items
principally produced on the premises or maintained in connection with
and incidental to such merchandise or service provided by the home
occupation.
(f)
Vehicles entering or exiting the property shall not be a nuisance
or impediment to the normal activities within the residential neighborhood
as determined by the Zoning Enforcement Officer.
(g)
A sign shall be permitted, provided that it is no larger than
three square feet in size.
(h)
All required parking shall be provided off street and other
than in a required front yard, and shall not occupy more than 35%
of the lot area. Parking lots that hold four or more cars shall require
screening vegetation or stockade fencing that prevents the parked
cars from being seen from the street or by residents of abutting properties.
This requirement only applies to parking associated with the home
occupation and not normal resident parking of registered vehicles.
(i)
Hours of operation shall not start prior to 7:00 a.m. or close after 8:00 p.m. The Zoning Board of Appeals may extend hours of operation, provided that the extended hours of operation do not violate Subsection B(1)(b). No commercial deliveries or pick-ups shall be scheduled on Sundays.
(j)
There is compliance with all other applicable bylaws, regulations,
permits and agreements.
(k)
No noxious or hazardous materials or chemicals may be used or
stored in quantities greater than those typically associated with
routine single-family residential use.
(2)
A building which is accessory to a dwelling and which was in existence as of the date of adoption of this bylaw provision may be authorized by the ZBA for use as an office or workroom for the conduct of a home occupation by residents thereon, provided that the ZBA determines that the conditions in Subsection B(1)(a) through (k) are satisfied.
C.
Parking.
(1)
This section only applies to detached garages or outdoor storage
areas that are used in conjunction with a professional office, home
occupation or other commercial enterprises within a residential district.
This section does not apply to detached or attached garages that are
used only for the private residential use of a single-family or two-family
residence.
(2)
A private accessory garage or outdoor vehicle storage area is permitted
within a residential district, provided it meets the following requirements:
(a)
No more than three motor vehicles shall be parked or stored
in an accessory garage or an outdoor vehicle storage area within a
residential district.
(b)
No more than one commercial vehicle between 6,000 and 15,000
pounds gross vehicle weight (GVW) shall be parked or stored in an
accessory garage or an outdoor vehicle storage area within a residential
district. No vehicles over 15,000 pounds GVW shall be parked or stored
in an accessory garage or outdoor vehicle storage area within a residential
district without a special permit from the ZBA. A special permit shall
be based upon a finding that the premises shall not be rendered objectionable
or detrimental to the residential character of the neighborhood due
to exterior appearance, emission of odor, gas, smoke, noise, dust
or light, electrical disturbance, or any other deleterious effects
to the neighborhood.
(c)
An outdoor vehicle storage yard within a residential district
shall not be permitted within the normal front yard setback of the
residential district.
(d)
An outdoor vehicle storage area within a residential district
shall have screening vegetation or stockade fencing that prevents
the parked cars from being seen from the street or by the neighbors
who reside on abutting properties.
[Added 5-12-1986 by Bylaw Amendment 86-65; amended 3-2-1994 by Bylaw Amendment
93-252]
A.
Purpose. The purpose of the Water Resource District
is to protect, preserve and maintain the existing and potential ground-
and surface water resources providing water supply for the Town of
Franklin.
B.
Establishment of district. The Water Resource District
is hereby established as an overlay district. This overlay district
shall apply to all new construction, reconstruction or expansion of
existing buildings and new or expanded uses. The Water Resource District
is defined as those areas designated DEP Approved Zone 1; DEP Approved
Zone 2; submitted for approval DEP Zone 2: and DEP approved Interim
Wellhead Protection Areas. The Water Resource District is delineated
on the map entitled "Town of Franklin Water Resource Districts," dated
March 18, 2020, appended to this Zoning Bylaw and on file with the
Town Clerk and Building Inspector.
[Amended 6-15-1994 by Bylaw Amendment 94-258; 10-11-1995 by Bylaw
Amendment 95-299; 7-9-2008 by Bylaw Amendment 08-617; 5-20-2020 by Bylaw Amendment 20-854]
C.
Water Resource District boundary disputes. If a landowner disputes the location of the district boundary in relation to a particular parcel pursuant to § 185-6, Determination of district boundaries, of this chapter, resolution of boundary disputes shall be through a determination by the Board of Appeals.
D.
Use regulations. The Water Resource District shall
be considered to be superimposed over any other district established
in this chapter. Land in the Water Resource District may be used for
any use otherwise permitted in the underlying district, subject to
the following limitations:
(1)
Prohibitions. The following are prohibited on any
lot or portion of a lot within a Water Resource District:
(a)
Manufacture, storage or disposal of toxic or
hazardous materials, as that term is defined by state and local laws.
[Amended 10-5-1994 by Bylaw Amendment 94-270]
(b)
Sanitary landfill and open dump as defined in
310 CMR 19.006, junkyard, salvage yard or road salt stockpile.
(c)
Motor vehicle service or repair and automobile
graveyards and junkyards, as defined in MGL c. 140B.
(d)
Storage of hazardous materials (as that term
is defined by state and local laws), fuel oil or gasoline either above
ground or underground except as follows:
[Amended 10-5-1994 by Bylaw Amendment 94-270]
|
(i)
|
Five hundred fifty gallons of aboveground fuel
oil storage.
| |
|
(ii)
|
Normal household use.
| |
|
(iii)
|
Aboveground waste oil retention facilities required
by statute, rule or regulation.
| |
|
(iv)
|
Emergency generators required by statute, rule
or regulation.
| |
|
(v)
|
Treatment works approved pursuant to 314 CMR
5.00, including privately owned sewage treatment facilities for treatment
of ground- and surface waters.
| |
|
(vi)
|
Storage of chemicals used for the treatment
of potable water in accordance with 310 CMR 22 and the Department
of Environmental Protection's Guidelines and Policies for Public Water
Systems, as amended.
|
|
The exceptions (i), (iii), (iv), (v) and (vi)
under this subsection are permitted only to the extent that the materials
are stored in double-lined containers within buildings or above ground
with secondary containment adequate to contain a spill 125% of the
size of the total storage capacity of the container, as approved by
the Department of Environmental Protection and in accordance with
state law.
|
(e)
Except in areas serviced by public sewers, a
lot area of less than 40,000 square feet per dwelling unit.
(f)
Disposal and stockpiling of snow and ice that
contain deicing chemicals and that have been brought in from outside
the district.
(g)
Removal, excavation or grading of vegetation, soil and/or other geological material solely for commercial earth removal purposes. Earth removal, excavation or grading shall comply with the provisions of § 185-23, Earth removal regulations, of this chapter.
(h)
Hazardous waste generation, treatment, storage
and disposal, as defined by MGL c. 21C and 310 CMR 30.00 and
requiring the obtaining of an Environmental Protection Agency identification
number, except for the following:
|
(i)
|
Very small quantity generators as defined under
310 CMR 30.000.
| |
|
(ii)
|
Household hazardous waste centers and events
under 310 CMR 30.390.
| |
|
(iii)
|
Waste oil retention facilities required by MGL
c. 21, § 52A.
| |
|
(iv)
|
Water remediation treatment works approved by
the Department of Environmental Protection for the treatment of contaminated
ground- or surface waters.
|
(i)
Individual on-site sewage disposal systems having
an estimated sewage flow exceeding 110 gallons per day per 10,000
square feet of lot area, provided that the replacement or repair of
a system which will not result in an increase in the design capacity
over the original design, or the design capacity of 310 CMR 15.00,
whichever is greater, shall be exempted.
(j)
Any use having on-site disposal of industrial
waste as defined in Title V of the State Environmental Code.
(k)
On-site sewage disposal having an estimated
sewage flow greater than 10,000 gallons per day, regardless of composition
or lot size. On-site sewage disposal having an estimated sewage flow
greater than 2,500 gallons per day, but less than 10,000 gallons per
day, shall be permitted only upon the approval of a hydrogeologist
retained by the Town of Franklin at the expense of the applicant.
Exempt from this subsection shall be water treatment works approved
by the Massachusetts Department of Environmental Protection for treatment
of contaminated groundwater found on site.
(l)
Impervious coverage.
[Amended 10-5-1994 by Bylaw Amendment 94-270; 6-19-2013 by Bylaw Amendment
13-703]
(i)
Residential zones:
Residential use: Rendering impervious coverage more than 15%
or 2,500 square feet, whichever is greater, of the upland area of
a lot located within the Water Resource District is only permitted
for residential uses within a residential zone by a special permit
from the Zoning Board of Appeals (ZBA).
Nonresidential uses: Rendering impervious coverage more than
15% or 2,500 square feet, whichever is greater, of the upland area
of a lot located within the Water Resource District is only permitted
for nonresidential uses within a residential zone by a special permit
from the Planning Board.
(ii)
Nonresidential zones:
[Amended 8-21-2019 by Bylaw Amendment 19-842]
|
Rendering impervious coverage up to 80% of the upland area of
a lot located within the Water Resource District is permitted only
in nonresidential zones provided an application for site plan approval
has been provided.
|
|
An applicant for site plan approval must provide artificial
recharge that does not degrade groundwater quality. The proposed water
recharge efforts shall be permitted only upon the approval of a hydrogeologist
retained by the Town of Franklin at the expense of the applicant,
under the provisions of MGL c. 44, § 53G.
|
(m)
Landfilling of sludge and septage as defined
in 310 CMR 32.05.
(n)
Storage of sludge and septage, unless in compliance
with 310 CMR 32.30 and 310 CMR 32.31.
(o)
Storage of animal manure unless covered or contained.
(p)
Storage of commercial fertilizers, as defined
in MGL c. 128, § 64, and soil conditioners, unless within
a structure designed to prevent the generation and escape of contaminated
runoff or leachate.
(q)
The use of septic system cleaners which contain
toxic or hazardous chemicals.
(r)
Storage of deicing chemicals unless such storage,
including loading areas, is within a structure designed to prevent
the generation and escape of contaminated runoff or leachate.
(s)
Storage of liquid petroleum except for normal
household use, outdoor maintenance, heating of a structure, waste
oil retention facilities, emergency generators or treatment works
for contaminated ground- or surface water, provided that such storage
is indoors or above ground with adequate spill containment.
[Added 10-5-1994 by Bylaw Amendment 94-270]
(t)
Industrial and commercial uses which discharge
process wastewater on site.
[Added 10-5-1994 by Bylaw Amendment 94-270]
(2)
Change of use. Change in activity on premises developed prior to the adoption of these provisions, if resulting in exceeding any limitations established in a special permit or crossing the thresholds of Subsection D(1), shall constitute a change of use. Such change of use may be allowed, but only upon application to and approval of a variance by the Board of Appeals and subject to conditions as may be required by the Board.
(3)
Uses permitted only by special permit. The following
uses are permitted only by special permit:
[Added 10-5-1994 by Bylaw Amendment 94-270; amended 8-21-2019
by Bylaw Amendment 19-842]
(a)
Activities involving the handling of toxic or
hazardous materials in quantities greater than those associated with
normal household use.
(b)
The construction of dams or other water control
devices or water bodies or courses created for recreational or agricultural
uses or drainage improvements.
(c)
The application of pesticides or fertilizers
for nondomestic or nonagricultural uses.
E.
Design and operation guidelines. Within the Water
Resource District, the following design and operation guidelines shall
be observed in all new construction except for single-family dwellings:
(1)
Safeguards. Provisions shall be made to protect against
hazardous materials discharge or loss through corrosion, accidental
damage, spillage or vandalism through such measures as provision for
spill control in the vicinity of chemical or fuel delivery points,
secure storage areas for hazardous materials and indoor storage provisions
for corrodible or dissolvable materials.
(2)
Location. Where the premises are partially outside
of the Water Resource District, such potential pollution sources as
on-site waste disposal systems shall, to the degree feasible, be located
outside the district.
(3)
Disposal. Provisions shall be made to assure that
any waste disposed on the site shall contain no hazardous materials
in quantities substantially greater than associated with normal household
use.
(4)
Drainage. Provision shall be made for on-site recharge
of all stormwater runoff from impervious surfaces unless, following
consultation with, and written approval from, the Conservation Commission,
the Building Inspector determines that either recharge is infeasible
because of site conditions or is undesirable because of uncontrollable
risk to water quality from such recharge. Recharge shall be by surface
infiltration through vegetative surfaces unless otherwise approved
by the Building Inspector following consultation with the Conservation
Commission. Dry wells shall be used only where other methods are infeasible
and shall employ oil, grease and sediment traps. Drainage from loading
areas for hazardous materials shall be separately collected for safe
disposal. Floor drainage systems in commercial/industrial process
areas which discharge to the ground without a Department of Environmental
Protection permit are specially prohibited.
[Amended 10-5-1994 by Bylaw Amendment 94-270]
(5)
Placement of fill: Prior to the placement of any construction
fill in excess of 15 cubic yards into a Zone II Water Resource District,
a certification shall be presented to the Board of Appeals or its
designated agent from a Department of Environmental Protection (DEP)
Licensed Site Professional (LSP) that the fill material does not exceed
the standards for oil and hazardous material set forth in the most
recently published Massachusetts Contingency Plan (MCP). For the purposes
of this bylaw only, the term "construction fill" shall include the
following materials: ordinary and special borrow, gravel, processed
gravel for subbase, sand borrow, sand borrow for subdrains, loam,
peat, processed planting material and topsoil.
[Added 5-19-1999 by Bylaw Amendment 98-398]
F.
Installation of new public sewers. [Note: Refer to § 300-12B(2) of Chapter 300, Subdivision of Land, regarding construction of sanitary sewers within a Water Resource District.]
(1)
New public sewers within the Water Resource District
shall be designed and constructed in a manner such that groundwater
levels, flows and/or recharge will not be significantly lowered, diverted
or otherwise altered by such construction.
(2)
Review by the Director of Public Works. Within the
Water Resource District, all plans and specifications for new public
or private sewers must meet Department Public Works standards and
shall be submitted to the Director of Public Works for review and
approval. For sewers commissioned by nonmunicipal entities, the Director
of Public Works shall require resident inspection of sewer construction,
to be provided at the applicant's expense.
(3)
Proximity to municipal wells. Where possible, no sewer
line shall be placed within 600 feet of a municipal well or within
the zone of influence of a municipal well, whichever is the greater
distance. In addition, no private septic system shall be located closer
than the distance required pursuant to 310 CMR 15.00, as amended.
(4)
Cleaning and inspection. A schedule of regular periodic
cleaning and inspection of all sewers within the Water Resource District
shall be maintained and reports filed with the Director of Public
Works until such time as the street has been accepted by the Town.
(5)
Alternatives. Design and construction proposals differing
from Department of Public Works standards may be approved by special
permit by the Board of Appeals after consultation with the Director
of Public Works, the Conservation Commission and the Board of Health,
if the Board of Appeals determines, based on reports of subsurface
investigations, that the alternative design affords groundwater protection
as great as or greater than the requirements of this section.
G.
Special permits.
(1)
Authority and procedure. For purposes of this section,
the special permit granting authority shall be the Board of Appeals.
Upon receipt of the special permit application, the Board of Appeals
shall transmit one copy each to the Planning Board, Conservation Commission,
Board of Health and Building Inspector for their written recommendations.
Failure to respond within 35 days of transmittal shall indicate approval
by said agencies.
(2)
Submittals. In applying for a special permit under this section, the information listed below shall be submitted as specified in Subsection G(1) above:
(a)
A complete list of fall chemicals, pesticides,
herbicides, fertilizers, fuels or other hazardous or potentially hazardous
materials to be used or stored on the premises in containers each
holding more than 55 gallons' liquid volume or 25 pounds' dry weight,
accompanied by a detailed description of:
[1]
The measures proposed to protect all storage
containers or facilities from vandalism, corrosion and leakage.
[2]
The methods of containment.
[3]
Spill prevention and control measures.
[4]
Emergency cleanup procedures.
[5]
On-site personnel training program.
[6]
Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30, including obtaining an Environmental Protection Agency identification number from the Department of Environmental Protection, and compliance with Chapter 99, Hazardous Materials, of the Code of the Town of Franklin, Massachusetts.
(b)
A description of potentially hazardous wastes to be generated, including storage and disposal methods as in Subsection G(2)(a) above.
(c)
For aboveground storage of hazardous materials or wastes, evidence of qualified professional supervision of design and installation of such storage facilities or containers and the information required by Subsection G(2)(a).
(d)
For disposal on site of domestic wastewater
with an estimated sewage flow greater than 2,500 gallons per day and
less than 10,000 gallons per day, evidence of qualified professional
supervision of design and installation, including an assessment of
nitrate or coliform bacteria impact on groundwater quality.
(e)
Proposed location(s) for groundwater monitoring
well(s), should the Board of Appeals deem the activity a potential
groundwater threat.
(3)
Special permit criteria.
(a)
Special permits under this subsection shall
be granted only if the Board of Appeals determines that:
[1]
Groundwater quality resulting from on-site waste
disposal, other operations on site and natural recharge will not fall
below federal or state standards for drinking water or that, if existing
groundwater quality is already below those standards, on-site disposal
or operations will result in no further deterioration.
[2]
Proposed control and response measures adequately
and reliably mitigate risk to groundwater quality resulting from accident
or system failure.
[3]
The proposed use is designed to avoid substantial
disturbance of the soils, topography, drainage, vegetation, and other
water-related natural characteristics of the site to be developed.
[4]
The criteria of § 185-45E(3), Administration and enforcement, special permits criteria, must be satisfied in cases where a special permit variance is also necessitated by provisions outside of this section.
(b)
In its decision, the Board of Appeals shall
explain any departures from the recommendations of other Town agencies
in its decision. The Board of Appeals shall retain qualified experts,
upon notice to and at the reasonable expense of the applicant, if
necessary in order to evaluate the application. If necessary, the
Board of Appeals may attach reasonable conditions to its approval
as necessary to protect the public health, safety and welfare.
(4)
Conditions. Special permits shall be granted only
subject to such conditions as necessary to assure adequate protection
of the public health and safety and the safeguarding of water quality
and shall include the following, among others:
(a)
Potential pollution sources shall have monitoring
wells, with periodic sampling to be provided to the Board of Health
annually, or as directed by the Board of Health, at the owner's expense.
(b)
Pollutant source reduction, including limitations
on use of parking area deicing materials and periodic cleaning or
renovation of pollution control devices such as catch basin sumps.[1]
[1]
Editor's Note: Former Subsection G(5), pertaining
to variances and special permits, which immediately followed this
subsection, was repealed 10-5-1994 by Bylaw Amendment 94-270.
I.
Violations.
(1)
Written notice of any violations of this section shall
be given by the Building Commissioner to the responsible person as
soon as possible after detection of a violation or a continuing violation.
Notice to the owner of record of the property by registered mail shall
be deemed notice to the responsible person. Such notice shall specify
the requirement or restriction violated and the nature of the violation
and may also identify the actions necessary to remove or remedy the
violations and preventative measures required for avoiding future
violations and a schedule of compliance. A copy of such notice shall
be submitted to the Building Commissioner, the Board of Health, Conservation
Commission, Department of Public Works and Water Department. The cost
of any preventative measures necessary to protect the Water Resource
District shall be borne by the owner and operator of the premises.
(2)
For situations that require remedial action to prevent
adverse impact to the water resources within the Water Resource District,
the Town of Franklin, the Building Commissioner, the Board of Health
or any of his or its agents may order the owner or operator of the
premises to remedy the violation. If said owner and/or operator does
not comply with said order, the Town of Franklin, Building Commissioner,
the Board of Health or any of his or its agents, if authorized to
enter upon such premises under the terms of the special permit or
otherwise, may act to remedy the violation. The remediation cost shall
be the responsibility of the owner and operator of the premises.
J.
Severability. A determination that any portion or
provision of this overlay protection district is invalid shall not
invalidate any other portion or provision thereof, nor shall it invalidate
any special permit previously issued thereunder.
[Added 5-12-1986 by Bylaw Amendment 86-66]
A.
Purpose. The purpose of this section is to protect
the public health and safety from off-site exposure to hazards from
on-site activities.
B.
Applicability. The following shall apply to special
permits for hazardous uses.
C.
Special permit submittals.
(1)
In applying for a special permit under this section,
the following shall be submitted unless the Board of Appeals, prior
to formal application, determines that certain of these items are
not germane:
(a)
A list of all toxic or hazardous substances,
if any, to be manufactured on the premises and a statement of the
quantities of such substances to be on the premises at any time.
(b)
A list of the explosive or flammable materials
requiring licensure of the premises under the requirements of MGL
c. 148, § 13, or 527 CMR 14.03 and a statement of the quantities
of the materials to be on the premises at any time.
(c)
A list of the substances to be emitted which
result in either classification as a major new stationary source of
air pollution or a use emitting hazardous air pollutants and a statement
of the quantities to be emitted.
(d)
A description of the precautions, handling practices, materials monitoring, ambients monitoring, containment and diversionary structures or equipment, inspecting and testing procedures for pollution equipment and other safety measures proposed to protect the community and the environment, including a sketch plan of the site identifying where any materials specified in Subsection C(1)(a), (b) and (c) above will be located in relation to the boundaries of the premises.
(e)
A hazard prevention and contingency response
plan outlining measures to be taken in the event of spill, fire, corrosion,
leakage, vandalism or other contingency. Such plan shall include prediction
of the direction, rate of movement and total quantity of fluids or
air pollutants which could be discharged as a result of failure, actions
to be taken in such circumstances and proposed personnel training
procedures in emergency response.
(f)
A risk analysis prepared by an analyst or analysts
qualified with respect to the substances involved, examining the reliability
of the protective measures proposed and the potential health and safety
consequences of their failure.
(g)
A statement regarding whether, in the event of failure of all proposed safeguards and recovery systems and in light of the on-site volume, nature and location of each substance reported according to Subsection C(1)(a), (b) and (c), there would be any adverse health or safety consequences for any person beyond the boundaries of the premises, given consideration of on-site decay, dilution or dispersion in the absence of those safeguards.
(2)
Upon receipt of the special permit application, the
special permit granting authority shall transmit one copy each to
the Planning Board, the Conservation Commission and the Board of Health
for their written recommendations.
D.
Special permit criteria.
(1)
Special permits under this § 185-41 shall be granted only if the Board of Appeals determines that the proposed activity will not pose a risk to public health or safety or to the environment so great that it overbalances the fiscal and other benefits of the proposal. The criteria of § 185-45E(3) must be satisfied in cases where a special permit is also necessitated by provisions other than those in this section.
(2)
In making such determination, the Board of Appeals shall give consideration to the degree of threat posed to human health and the environment by the presence of the substances identified in Subsection C(1)(a), (b) and (c) and the reliability of the measures proposed to protect the general public and the environment from such substances.
(3)
The Board of Appeals may retain qualified experts
at the reasonable expense of the applicant if necessary in order to
evaluate the application and may attach reasonable conditions to its
approval as necessary to protect the public health and safety.
E.
Change of operations. Approval of a special permit
shall certify the Town's acceptance of the conformity of the basic
use, structure and equipment with these requirements. Any subsequent
change exceeding any limitations established in a special permit or
any change in a use resulting in it becoming a hazardous use as defined
herein shall constitute a change of use and shall require a special
permit as provided herein.
[Added 11-3-1993 by Bylaw Amendment 93-245[1]; 7-9-2008 by Bylaw Amendment 08-618; 3-17-2010 by Bylaw Amendment 10-640]
A.
Purpose. The purpose of this section is to protect the public from
risks and potential risks posed by biotechnology uses in the Town
of Franklin, including but not limited to experimentation with or
use of recombinant DNA (rDNA) technology.
B.
Use limitations and conditions. Biotechnology uses are allowed subject
to the following limitations and conditions:
(1)
Biotechnology uses are permitted within the Biotechnology Use Zoning
District delineated on the maps entitled "Town of Franklin Biotechnology
District 1A" and dated January 4, 2010, and "Town of Franklin Biotechnology
District 1B" and dated November 6, 2009, appended to this Zoning Bylaw
and on file with the Town Clerk and the Building Commissioner.
(2)
Use, storage or experimentation with hazardous infectious agents,
including but not limited to agents developed through rDNA technology,
that are classified by National Institute of Health guidelines as
requiring Biosafety Level 4 (BSL-4) containment are not permitted
in the Town of Franklin.
(3)
All biotechnology uses shall comply with the Guidelines for Research
Involving DNA Molecules as promulgated by the National Institutes
of Health (NIH) of the United States Department of Health and Human
Services and published in the Federal Register on May 7, 1986, and
any subsequent amendments.
(4)
All biotechnology uses within the Town of Franklin shall comply with Franklin Board of Health Biotechnology Regulations, Chapter 198 of Franklin's Town Code.
(5)
A Franklin Board of Health biotechnology operating protocol permit
shall be obtained prior to commencing a biotechnology use or constructing
any structure for such use.
(6)
Supplemental site plan submittal requirements. Where biotechnology
use is proposed and site plan review approval is required, all approved
site plans will contain the following condition: A Franklin Board
of Health biotechnology operating protocol permit shall be obtained
prior to commencing a biotechnology use or constructing any structure
for such use.
(7)
Municipal sewer service must be available and the applicant shall
be required to connect.
(8)
Biomedical waste products or by-products shall not be discharged
through the municipal sewer system unless all viable microorganisms,
whether containing recombinant DNA or not, have been rendered noninfectious
in accordance with 105 CMR 480.
[1]
Editor's Note: Former § 185-42, Development rate
limitation, added 10-8-1986 by Bylaw Amendment 86-72, was repealed
10-4-1989 by Bylaw Amendment 89-168.
[Added 11-4-1987 by Bylaw Amendment 87-105; amended 7-5-1995 by Bylaw Amendment
95-294]
A.
The purpose of this section is to provide for the
public interest by permanently preserving specific land in its natural
state and natural landscape features, to provide land for active and
passive recreation and to promote variety in single-family residential
housing patterns by encouraging development which is designed to accommodate
and preserve a site's physical characteristics such as topography,
vegetation, water bodies, wetlands, open spaces including farmlands
and meadows, major scenic views and wildlife habitats. In making determinations
under this bylaw, the Planning Board shall compare the impact of an
open space development with potential conventional development and
may approve open space development only if the Planning Board determines
that the proposal is superior to a conventional development and in
the best interests of the Town. It is not the intent of this bylaw
to make undevelopable land developable or to permit an increase in
the number of building lots that would otherwise be permissible on
a conventional plan, but rather to encourage the preservation of important
site features and to enhance recreational opportunities.
B.
General requirements.
(1)
Any parcel of land consisting of not less than five
acres located within Rural Residential I, Rural Residential II and
Residential VI Districts may be considered for an open space development
subject to a special permit issued by the Planning Board.
(2)
The basic number of lots or dwelling units allowed shall equal the number of lots which could reasonably be expected to be developed under a conventional plan in full conformance with zoning, subdivision regulations and health codes, as determined by the Planning Board, following consultation with or review by the Conservation Commission, as set forth in § 185-43F.
(3)
The lot, area, frontage and yard requirements which
must be met for individual lots shall be no less than 1/2 those required
under the Schedule of Lot, Area, Frontage, Yard and Height Requirements
of the underlying zoning district.[1] The exception to this requirement is that the proposed
front yard must meet 100% of the minimum yard dimensions for the underlying
zoning district.
[Amended 1-11-1999 by Bylaw Amendment 98-394]
[1]
Editor's Note: The Schedule of Lot, Area, Frontage, Yard and Height Requirements is included at the end of this chapter.
(4)
After an open space development application has been
submitted, no tree removal, utility installation, ditching, grading,
construction of roads, grading of land or lots, excavation except
for purposes of soil testing, dredging or filling or construction
of buildings or structures shall be done on any part of the open space
parcel until the application has been reviewed and approved as provided
by this section.
(5)
Open space areas should not be areas known to contain
or suspected of containing hazardous wastes. The Planning Board shall
require a 21-E report to be submitted prior to approval of an open
space development if the presence of hazardous materials is suspected.
C.
Criteria for critical land to be preserved. The Planning
Board shall make a determination, with the advice of the Conservation
Commission, that the land to be preserved or deeded for open space
preservation is of critical importance for retention, as specified
below, or hat the land of the parcel that is being developed is not
of critical importance for retention. Any one of the following shall
be deemed land of critical importance:
(1)
Land within the Water Resource District.
(2)
Land from which or across which there are important
scenic views from publicly accessible points.
(3)
Land of special habitat or ecological value and fragility.
(4)
Land abutting publicly owned land to which the public
has rights of access, or land abutting land which is under a conservation
easement or agricultural easement, or land abutting land which is
owned by a nonprofit corporation, the principal purpose of which is
the conservation of open space.
(5)
Land within 200 feet of existing roads.
(6)
Land which is proposed to be developed by the applicant
for active recreational use, including playing fields, boat launching
areas, playgrounds and neighborhood parks.
(7)
Land which preserves existing trail networks or land
on which new trails will be developed as part of the development for
integration into an existing trail network.
D.
Performance standards. Prior to the issuance of a
special permit for an open space development, the Planning Board shall
find and the applicant shall submit the information necessary to demonstrate
that the following standards have been met:
(1)
The natural landscape is preserved in large, contiguous
areas, except when part of the open space is to be used for active
recreational use as approved by the Planning Board.
(2)
Open space is used to protect valuable natural environments,
avoiding the development of geographically unsuitable land, or to
provide active recreation land.
(3)
Extensive topographic changes necessitating vegetation
and tree removal are minimized. The site design shall preserve and,
where possible, enhance the natural features of the property, including
scenic views, by adapting the location and placement of structures,
if any are approved, and ways to the existing topography in order
to minimize the amount of soil removal, tree cutting and general disturbance
to the landscape and surrounding properties.
(4)
Scenic views from public ways are preserved. Driveway
cuts on existing public ways shall be at the discretion of the Planning
Board and become a condition of the special permit.
(5)
At the discretion of the Planning Board, a landscape
easement may be imposed on the outer perimeter lot lines of all perimeter
lots which abut developed land or developable land, which easement
shall be, at a maximum, 40 feet and in which no alteration of the
natural vegetative and topographical state shall occur and no structures
may be placed, except that the Planning Board may require additional
plantings sufficient to provide screening if the abutting land is
developed. This area shall not be included in the calculations for
open space.
(6)
There is a variation in lot sizes, shapes and building
locations.
(7)
The development will provide acceptable levels of
pedestrian and vehicular safety within the site and will not cause
unreasonable traffic congestion or unsafe conditions.
(8)
The development will provide for and maintain convenient
and safe emergency vehicle access to all buildings and structures
at all times.
(9)
Anticipated stormwater runoff from the site shall
not exceed peak runoff from the site prior to development. The applicant
shall submit formal drainage calculations by a registered professional
engineer for this purpose.
(10)
Proper soil erosion and sedimentation control
measures shall be employed to minimize sedimentation and siltation
of existing surface water bodies and wetlands, as approved by the
Franklin Conservation Commission.
E.
Open space.
(1)
Design and use. The open space shall be designed and
maintained in accordance with the following standards:
(a)
At least 20% of the original parcel area must
be preserved open space. This shall not include land set aside for
roads and/or parking uses or buffer zones. No more than 50% of the
proposed open space may contain land considered as wetland resource
areas, other than "isolated lands subject to flooding," as defined
in any regulations promulgated by the Department of Environmental
Protection pursuant to MGL c. 131, § 40, as such regulations
or statute may from time to time be amended.
(b)
Open space shall be planned as large, contiguous
parcels whenever possible, although open space may be in more than
one parcel, provided that the size, shape and location of such parcels
are suitable for the designated uses. Strips or narrow parcels of
open space shall be permitted only when necessary for access or as
vegetated buffers along the site's perimeter, other than the landscaped
easement requirement in 185-43D(5).
(c)
No more than 10% of the open space shall be
covered by man-made impervious surfaces, and only at the discretion
of the Planning Board and by specific condition of the special permit.
(d)
Open space may be used for passive recreation,
conservation, forestry, agriculture, natural buffers, structures necessary
to approved uses, utilities and other facilities necessary for the
convenience and enjoyment of the residents, subject to approval by
the Planning Board. Open space may be used for active recreation if
the Planning Board determines the use is compatible with existing
site features.
(e)
Unless otherwise approved by the Planning Board
in its special permit decision, open space shall be maintained in
its natural open state. Maintaining such land in its natural open
state shall mean that the land shall remain in its natural state without
the removal or disturbance of trees, vegetation or earth. Neither
temporary site access nor temporary structures associated with construction
activity shall be permitted on reserved open space, nor shall open
space areas be used as staging areas during construction. Detention/retention
ponds shall not be located in open space areas. Maintaining such land
in its natural open state shall be the obligation of the owner and
the applicant from the date of application through to the date of
conveyance in accordance with the terms of the special permit.
(f)
Prior to the beginning of any work on the site,
wetlands and the perimeter of open space areas shall be flagged. The
Conservation Commission shall review the open space and provide a
baseline report to the Planning Board, to establish the present condition.
As a condition of each special permit granted, the applicant shall
provide complete monumentation of the open space, in accordance with
Land Court standards, prior to the construction of any lots.
(2)
Ownership and management.
(a)
Open space in an open space development shall
be conveyed to the Town of Franklin for park or open space use; a
nonprofit corporation, the principal purpose of which is the conservation
of open space; or to a corporation or trust owned or to be owned by
the owners of lots within the development. A corporation or trust
owned or to be owned by the owners of lots within the development
shall be utilized for the temporary ownership and management of the
open space, until such time as the open space is offered to and accepted
by the Town of Franklin, or a nonprofit corporation as identified
above. If a corporation or trust owned by the owners of lots is utilized
for purposes of permanent ownership and management, the timing, or
the event which shall cause ownership thereof to pass, shall be specified
in the special permit. In any case, where such land is not conveyed
to the Town, an easement, running to the benefit of and enforceable
by the Town, shall be recorded providing that such land shall be retained
in perpetuity in an open and natural state and shall not be built
upon for residential use or developed for accessory uses such as parking
or roadways.
(b)
If the open space is not to be conveyed to the
Town, then the applicant shall submit a land use management plan to
the Board, which plan shall specify the work to be accomplished prior
to conveyance.
(c)
If the open space is not to be conveyed to the
Town, the application for an open space development special permit
shall also provide as part of the open space proposal an agreement
authorizing but not obligating the Town to perform maintenance of
the open space in the event of failure to comply with the program
included in the application pursuant to the preceding section, providing
that, if the Town is required to perform any maintenance work, the
owners shall pay the cost thereof.
(d)
Forms of all documents necessary to convey or
restrict the open space shall be submitted to the Planning Board,
and the Board shall consult with Town Attorney as to the adequacy
of the forms prior to the close of the public hearing. Failure to
provide forms satisfactory to the Planning Board shall be grounds
for denial of the permit.
F.
Procedures. The application process for open space
development is comprised of two steps, as outlined below.
(1)
Concept plan/preliminary plan. Applicants for an open
space special permit and development shall first file the following:
(a)
Ten copies each of an open space development
concept plan and a conventional subdivision plan, each conforming
to the requirements for a preliminary subdivision plan under the Subdivision
Regulations of the Planning Board.[2] In addition to the preliminary plan content requirements,
the plans shall show the following. The preliminary plan shall also
state how and by whom the open space plan shall be maintained to standards
satisfactory to the Planning Board.
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(1)
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Existing landscape features such as existing
topography, vegetative cover, wetlands, springs, lakes, ponds, streams,
rock outcroppings, stone walls, cliffs, forest glades, drumlins, high
points, hill tops, ridges, farm fields, meadows and scenic vistas;
also, zoning boundaries and, unless proposed for public sewerage,
the results of deep soil test pits and percolation tests at the rate
of not less than one per every five acres;
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(2)
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Approximate location of existing and proposed
structures; and
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(3)
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The open space concept plan shall also show
open space, indicating proposed use of open space, recreation areas,
parking areas and existing and proposed trails and accompanying land
use management plan.
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(2)
Concept approval. Approval of the open space development concept plan may be granted if the Planning Board, following consultation with or review by the Conservation Commission, determines an open space development would be preferable to a conventional subdivision based on the criteria set forth in § 185-43C.
(3)
Special permit/definitive plan. If the concept/preliminary
plan is approved for an open space development, the applicant shall
submit a special permit application and a definitive plan in conformity
with the requirements and procedures for definitive plan submission
and review under the Subdivision Rules and Regulations of the Planning
Board.[3] The following may also be required:
(4)
Special permit decision.
(a)
The Planning Board may grant a special permit
under this section only if it finds that the open space development
proposal will be in harmony with the general purpose and intent of
this bylaw; meets all general requirements, criteria and performance
standards of this bylaw; will not have a detrimental impact on the
neighborhood or abutting properties; and is superior to a conventional
plan in preserving open space, minimizing environmental disruption
and allowing for more efficient provision of services.
(b)
The Planning Board may impose any conditions
and/or safeguards which further the purposes of this section.
(c)
If the Planning Board disagrees with any recommendations
of the Conservation Commission or any other board or department, it
shall state its reasons therefor in writing.
(d)
If the open space is to be conveyed to the Town or to a nonprofit corporation as specified in § 185-43E(2)(a), it shall be free of any mortgage interest or security interest and subject to a perpetual restriction of the type described above, and so conveyed, prior to the Planning Board's final release of the surety. The applicant shall provide satisfactory evidence of said conveyance and recording in the forms of copies of the recorded instrument beating the recording stamp, or otherwise as the Board may direct.
(e)
Any other penalties notwithstanding, the violation
of any term of the special permit or this bylaw shall be deemed to
be sufficient grounds for the Planning Board to conduct a public hearing,
on its own motion, to modify or rescind approval of the subdivision
approval, and further to seek zoning enforcement through the offices
of Building Commissioner, the Board of Appeals and Superior Court.
[Added 10-16-1996 by Bylaw Amendment 96-319[1]; amended 7-23-1997 by Bylaw Amendment 97-336]
A.
Purpose. The purpose of this section is to establish
a district in which wireless communications services may be provided
by special permit with minimal harm to the public health, safety and
general welfare. Specifically, the Wireless Communications Services
District has been created to:
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(a)
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Protect the general public from hazards associated
with wireless communications towers; and
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(b)
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Minimize visual impacts from wireless communications
towers in residential districts within Franklin.
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For the purposes of this section, wireless communications
services shall mean the provision of the following types of services:
cellular telephone service, personal communications and enhanced specialized
mobile radio service. Such services, it is anticipated, will be provided
via wireless communications towers, including antennas and accessory
structures, if any.
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B.
Location. The Wireless Communications Services District
shall be located on:
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1.
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All land zoned Industrial which is located south
or west of the side line of Interstate 495.
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2.
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All land located within the easement shown as
Boston Edison Company easement; and New England Power Service Company
Easement, except for the New England Power Service Company Easement
which runs northwesterly from the Wrentham Town Line to and ending
at Summer Street, on a plan entitled "Town of Franklin, Massachusetts,"
scale one inch equals 1,000 feet, prepared by the Framingham State
College Department of Geography, Framingham, Massachusetts, August
1974, which plan is on file in the office of the Town Clerk and is
incorporated herein by references;
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3.
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All land owned by the Town of Franklin on which
a water tower or water tank is situated, provided that the antennas
will not extend above the height of the tank by more than five feet
and that the antennas have to be screened in such a way that they
appear to be a part of the tank.
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The Wireless Communications Services District
shall be construed as an overlay district with regard to said locations.
All requirements of the underlying zoning district shall remain in
full force and effect, except as may be specifically superseded herein.
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C.
Submittal requirements. As part of any application
for a special permit, applicants shall submit at a minimum six copies
of the following:
(1)
The site plan prepared by a professional engineer
at a scale of 1 to 40 which will show the following:
(a)
Tower location, including guy wires, if any,
and tower height.
(b)
Accessory building for switching equipment.
(c)
Topography.
(d)
Other feasible sites, if any.
(e)
Fencing and landscaping.
(f)
Access and parking.
(g)
Lighting.
(h)
Areas to be cleared of vegetation and trees.
(i)
Site boundaries.
(j)
Abutters.
(k)
A visual study depicting where within a three-mile
radius any portion of the proposed tower could be seen.
[Amended 10-15-1997 by Bylaw Amendment 97-344]
(l)
All other items required by Department of Public
Health, 105 CMR 122, Fixed Facilities Which Generate Electromagnetic
Fields in the Frequency Range of 300 kHz to 100 Ghz and Microwave
Ovens.
(2)
The locus map at a scale of 1 to 1,000 which shall
show all streets, bodies of water, landscape features, historic sites,
habitats for endangered species within 200 feet and all buildings
within 500 feet.
(3)
Reports prepared by one or more professional engineers,
which shall:
(a)
Describe the tower and the technical, economic
and other reasons for the tower design.
(b)
Demonstrate that the tower complies with all
applicable standards of the federal and state governments.
(c)
Describe the capacity of the tower including
the number and type of transmitter receivers that it can accommodate
and the basis for the calculation of capacity.
(d)
Demonstrate that the tower and site comply with
this regulation.
(e)
Demonstrate that the proposed sources of nonionizing
electromagnetic radiation (NIER) will comply with the standards of
the National Council of Radiation Protection (NCRP) and the Massachusetts
Department of Health, whichever is stricter.
(f)
Demonstrate that exposures from the electromagnetic
field (EMF) measured at the property line will be as low as reasonably
achievable.
(4)
A copy of the requests made by the applicant to the
Federal Aviation Administration (FAA), Federal Communications Commission
(FCC), Massachusetts Aeronautics Commission and the Massachusetts
Department of Public Health to provide a written statement that the
proposed tower complies with applicable regulations administered by
the agency or that the tower is exempt from those regulations and
a copy of the response from each agency. If such response is not received
within 60 days, the application will be considered incomplete. The
applicant shall send a subsequently received agency statement, if
any, to the Planning Board.
(5)
Between submittal and the date of the advertisement
of the public meeting, a balloon shall be put in place at the height
of the proposed tower. The balloon shall be of a size and color that
can be seen from every direction for a distance of one mile.
D.
Use restrictions. A wireless communications tower and its appurtenances shall be located in accordance with the Federal Communication Commission (FCC) and the Federal Aviation Administration (FAA) regulations in effect at the time of construction and further that the operation shall comply with all requirements of these agencies, such towers (including antennas and accessory structures, if any) may be erected in a Wireless Communications Services District upon the issuance of a special permit by the Board of Appeals pursuant to § 185-45E, subject to site plan approval, as set forth herein at § 185-31, as may be amended, except that the site plan review and approval authority for the Wireless Communications Services District shall be the Board of Appeals and subject to all of the following conditions:
(1)
To the extent feasible, all service providers shall
colocate on a single tower. Towers shall be designed to structurally
accommodate the maximum number of foreseeable users (within a ten-year
period) technically practicable. An affidavit must be submitted with
the application stating that space on the proposed tower will be made
available to future users when technically possible.
[Amended 10-15-1997 by Bylaw Amendment 97-344]
(2)
New towers shall be considered only upon a finding
by the Board of Appeals that existing or approved towers, including
towers located within the easement described in Subsection B(2) hereof,
cannot accommodate the wireless communications equipment planned for
the proposed tower. Certified mail receipts to all other tower users
in the area stating their siting needs and/or sharing of capabilities.
[Amended 10-15-1997 by Bylaw Amendment 97-344]
(3)
In no event shall any such tower be located closer
than one mile to any other such tower, unless the applicant can show
that there is no existing space on one of the existing towers which
can be leased or procured.
(5)
A tower shall not be erected nearer to any property
line than a distance equal to the vertical height of the tower (inclusive
of any appurtenant devices), measured at the mean finished grade of
the tower base.
(6)
Distance from all existing residential buildings shall
be at least 250 feet.
(7)
To the extent feasible, all network interconnections
from the communications site shall be via land lines.
(8)
Clearing shall be performed in a manner which will
maximize preservation of natural beauty and conservation of natural
resources and which shall minimize marring and scarring of the landscape
or silting of streams.
(a)
The time and method of clearing right-of-way
should take into account soil stability, the protection of natural
vegetation, the protection of adjacent resources, such as the protection
of natural habitat for wildlife, and appropriate measures for the
prevention of silt deposition in watercourses.
(b)
Clearing of natural vegetation should be limited
to the material which poses a hazard to the tower.
(c)
The use of "bush blades" instead of dirt blades
on bulldozers is recommended in clearing operations where such use
will preserve the cover crop of grass, low growing brush or other
vegetation.
(d)
Areas should be cleared only when necessary
to the operation, maintenance and construction of the tower.
(9)
The tower shall minimize, to the extent feasible,
adverse visual effects on the environment. The Board of Appeals may
impose reasonable conditions to ensure this result, including painting
and lighting standards.
(10)
Traffic associated with the tower and accessory
facilities shall not adversely affect abutting ways, and access shall
be provided to a site by a roadway which respects the natural terrain,
does not appear as a scar on the landscape and is approved by the
Zoning Board of appeals and the Fire Chief to assure emergency access
at all times. Consideration shall be given to design which minimizes
erosion, construction on unstable soils and steps slopes.
(11)
Applicants proposing to erect wireless communications
towers, accessory facilities and structures on land or structures
shall provide evidence of contractual authorization from the owner(s)
to conduct wireless communications services on the property.
(12)
Any extension, addition of cells or construction
of new or replacement towers or transmitters shall be subject to an
amendment to the special permit, following the same procedure as for
an original grant of a special permit.
(13)
Setback from designated wetlands, water bodies
and areas with a slope in excess of 5% shall be at least 150 feet.
(14)
Fencing shall be provided to control access
to the base of the tower which fencing shall be compatible with the
scenic character of the Town and shall not be of barbed wire or razor
wire, nor shall any fence be electrified.
[Amended 10-15-1997 by Bylaw Amendment 97-344]
(15)
The fencing shall be surrounded by a row of
evergreen trees or other screening materials, a minimum of eight feet
tall and a maximum of 10 feet apart planted around the perimeter of
the fence. In addition, a continuous hedge at least 30 inches high
at planting capable of growing to at least 36 inches in height within
18 months planted in front of the tree line referenced above.
[Added 10-15-1997 by Bylaw Amendment 97-344[2]]
(16)
The applicant shall demonstrate to the satisfaction
of the Zoning Board of Appeals that the location of the tower is suitable
and that the size and height is the minimum necessary for the purpose.
(17)
There shall be no signs, except for announcement
signs, no trespassing signs and a required sign giving a phone number
where the owner can be reached on a twenty-four-hour basis. All signs
shall conform with the sign requirements of this chapter and shall
be subject to development plan review.
(18)
Accessory uses shall be limited to one structure
per use per tower, but shall not exceed then 10 structures per tower.
If more than one use, the accessory building shall be connected by
a common wall. Each structure shall not exceed 400 square feet in
size and 10 feet in height and shall be of the same design and color.
E.
Development requirements. Visual impacts of the tower
shall be minimized.
(1)
The applicant shall demonstrate that the proposed
tower is the minimum height necessary to accommodate the transmitter
or receiver.
(2)
All towers shall be monopole in type.
(3)
Silver paint or a galvanized finish shall be used
on the tower above the tree line to blend with the landscape. Green
paint to blend with the landscape shall be used to the tree line.
A tower constructed within 100 feet of a residential district shall
be camouflaged.
(4)
Night lighting of towers shall be prohibited unless
required by the Federal Aviation Administration (FAA). Lighting shall
be limited to that needed for emergencies and/or as required by the
FAA. When lighting is required, it shall be oriented inward so as
not to project onto surrounding residential property.
[Amended 10-15-1997 by Bylaw Amendment 97-344]
(5)
Siting shall be such that the view of the tower from
other areas of Town shall be as minimal as possible.
(6)
Shared use of towers shall be encouraged. When technically
not practical, towers shall be separated on the site so that, if the
support structure of one fails, it will not strike another.
(7)
No separate, freestanding towers shall be located
on the site of a Town-owned water tower or water tank. Wireless communications
facilities on such sides and structures shall be limited to antennas
which are attached to water towers and water tanks and accessory equipment
and structures.
(8)
The tower shall be designed to accommodate the maximum
number of uses technologically practical.
F.
Conditions of use and nonuse. All unused towers or
parts thereof or accessory facilities and structures which have not
been used for one year shall be dismantled and removed at the owner's
expense.
(1)
The tower and its transmission shall comply in all
respects with the current standards of the American National Standards
Institute (ANSI) and the National Council for Radiation Protection
(NCRP), whichever are stricter.
(2)
If new technology is developed which is determined
by the SPGA to be safer and less obtrusive to the landscape, it shall
be substituted.
G.
Performance guaranties. Insurance in a reasonable
amount, determined and approved by the Zoning Board of Appeals after
consultation at the expense of the applicant with one or more insurance
companies, shall be in force to cover damage from the structure, damage
from transmissions and other site liabilities. Annual proof of said
insurance shall be filed with the Town Clerk.
H.
Operation. Monitoring, testing and inspection shall
be in accordance with the Regulations of the Massachusetts Department
of Public Health, 105 CMR 122, Regulations Governing Fixed Facilities
Which Generate Electromagnetic Fields in the Frequency Range of 300
kHz to 100 Ghz and Microwave Ovens and other requirements of the Department.
I.
J.
Public hearing requirements.
(1)
Public hearings will be required as outlined in § 185-45D(3) of the Franklin Town Code.
(2)
Section 185-45D(3)(c) of the Franklin Town Code is amended for the purposes of Wireless Communications Towers and Antennas by extending to 500 feet the radius requiring notification of all property owners when the proposed Wireless Communications Towers and Antennas are proposed to be closer than 500 feet from any residential zone. Other portions of this subsection will remain as currently approved.
A.
Enforcement. This chapter shall be enforced by the
Building Commissioner. No action taken under the enforcement powers
of this chapter shall be in contradiction to the provisions of Chapter
40A of the General Laws, as adopted or amended.
B.
Building or use permit.
(1)
Compliance certification. No development shall be
undertaken without certification by the Building Commissioner that
such action is in compliance with then-applicable zoning or without
review by him regarding whether all necessary permits have been received
from those governmental agencies from which approval is required by
federal, state or local law. Issuance of a building permit or certificate
of use and occupancy, where required under the Commonwealth of Massachusetts
State Building Code, may serve as such certification. "Development,"
for these purposes, shall mean erecting, moving, substantially altering
or changing the use of a building, sign or other structure or changing
the principal use of land.
(2)
Submittals. In addition to any information which may be required under the Commonwealth of Massachusetts State Building Code, the Building Commissioner shall require of applicants such information as he deems necessary to determine compliance with this Zoning Bylaw. This may include such things as a site plan indicating land and building uses and provisions for vehicular parking and egress, location of floodplain control elevations and evidence of performance compliance under § 185-22. A record of all applications, plans and permits shall be kept on file by the Building Commissioner.
(3)
Conformance. Construction or operations under a building
permit shall conform to any subsequent amendment of this chapter,
unless the use or construction is commenced within a period of six
months after the issuance of the permit and, in cases involving construction,
unless such construction is continued through to completion as continuously
and expeditiously as is reasonable.
C.
Occupancy permits. No premises and no building or
structure erected, altered or in any way changed as to construction
or use, under a permit or otherwise, shall be occupied or used without
an occupancy permit signed by the Building Commissioner. Such permit
shall not be issued until the premises, building or structure and
its uses and accessory uses comply in all respects with this chapter.
A record of all applications and occupancy permits shall be kept on
file with the Building Commissioner.
D.
Board of Appeals.
(1)
Establishment. There is hereby established a Board
of Appeals, which shall consist of three members and three associate
members, who shall be appointed by the Town Administrator and shall
act in all matters under this chapter in the manner prescribed by
Chapters 40A and 41 of the General Laws.
(2)
Powers. The Board of Appeals shall have and exercise
all the powers granted to it by Chapters 40A and 41 of the General
Laws and by this chapter. The Board's powers are as follows:
(a)
To hear and decide
applications for special permits upon which the Board is empowered
to act under this chapter. Special permits shall be granted by the
Board of Appeals only upon its written determination that the proposed
use will not have adverse effects which overbalance its beneficial
effects on either the neighborhood or the Town, in view of the particular
characteristics of the site and of the proposal in relation to that
site. This determination shall be in addition to the following specific
findings:
[Amended 3-21-2012 by Bylaw Amendment 12-669]
(1)
Proposed project addresses or is consistent with neighborhood or
Town need.
(2)
Vehicular traffic flow, access and parking and pedestrian safety
are properly addressed.
(3)
Public roadways, drainage, utilities and other infrastructure are
adequate or will be upgraded to accommodate development.
(4)
Neighborhood character and social structure will not be negatively
impacted.
(5)
Project will not destroy or cause substantial damage to any environmentally
significant natural resource, habitat, or feature or, if it will,
proposed mitigation, remediation, replication, or compensatory measures
are adequate.
(6)
Number, height, bulk, location and siting of building(s) and structure(s)
will not result in abutting properties being deprived of light or
fresh air circulation or being exposed to flooding or subjected to
excessive noise, odor, light, vibrations, or airborne particulates.
(7)
Water consumption and sewer use, taking into consideration current
and projected future local water supply and demand and wastewater
treatment capacity, will not be excessive.
(b)
To hear and decide petitions for variances.
Variances from the terms of this chapter, including variances for
use, may be authorized by the Board of Appeals with respect to particular
land or structures, but only in cases where the Board finds all of
the following:
[1]
A literal enforcement of the provisions of this
chapter would involve a substantial hardship, financial or otherwise,
to the petitioner or appellant.
[2]
The hardship is owing to circumstances relating
to the soil conditions, shape or topography of such land or structures
and especially affecting such land or structures but not affecting
generally the zoning district in which it is located.
(c)
To hear and decide other appeals. Other appeals
will also be heard and decided by the Board of Appeals when taken
by:
[1]
Any person aggrieved by reason of his inability
to obtain a permit or enforcement action from any administrative officer
under the provisions of Chapter 40A of the General Laws;
[2]
The Metropolitan Area Planning Council; or
[3]
Any person, including an officer or board of
the Town of Franklin or of any abutting Town, if aggrieved by any
order or decision of the Building Commissioner or other administrative
official in violation of any provision of Chapter 40A of the General
Laws or this chapter.
(d)
To issue comprehensive permits. Comprehensive
permits for construction may be issued by the Board of Appeals for
construction of low- or moderate-income housing by a public agency
or limited dividend or nonprofit corporation upon the Board's determination
that such construction would be consistent with local zoning, building,
health or subdivision requirements, as authorized by MGL c. 40N, §§ 20-23.
(e)
To issue withheld building permits. Building
permits withheld by the Building Commissioner acting under MGL c.
41, § 81Y, as a means of enforcing the Subdivision Control
Law may be issued by the Board of Appeals where the Board finds practical
difficulty or unnecessary hardship and if the circumstances of the
case do not require that the building be related to a way shown on
the subdivision plan in question.
(3)
Public hearings. The Board of Appeals shall hold public
hearings in accordance with the provisions of Chapters 40A and 41
of the General Laws, on all appeals and petitions brought before it,
in accordance with the provisions set forth below:
[Amended 3-20-1996 by Bylaw Amendment 96-308]
(a)
Notice of all public hearings shall be advertised,
at the expense of the applicant, in the newspaper designated by the
Town Council at least once in each of two successive weeks, with the
first such notice appearing at least 14 days prior to the public hearing.
(b)
The content of the notice shall include, at
a minimum, the name and address of the applicant; the location of
the subject parcel(s); the location, day, date and time of the public
hearing; the name, address and telephone number of the Zoning Board
of Appeals; the relief or permission sought; and where and when the
records of the filing may be viewed.
(c)
All property owners within a radius of 300 feet
of the subject parcel, as certified by the Office of the Board of
Assessors, shall be notified, at the applicant's expense, by Certified
Mail, Return Receipt Requested, of the public hearing in a manner
and form consistent with the above, with such mailing to occur at
least 14 days prior to the date of the hearing, and the applicant
shall be required to submit proof of advertising and mailing prior
to the commencement of the public hearing.
(4)
Repetitive petitions. Repetitive petitions for exceptions,
appeals and petitions for variances and applications to the Board
of Appeals shall be limited as provided in MGL c. 40A, § 16.
(5)
Information. Applications, petitions or appeals to
the Board of Appeals shall be made in writing on appropriate forms
furnished by the Board, accompanied by such supporting information
as the Board, under its regulations, may require.
(6)
Actions map and application fee. The Board shall, with the advice and assistance of the Building Commissioner, maintain and keep up-to-date a map indicating thereon by appropriate notations the locations of all actions, whether approved or disapproved. A fee in the amount as established in Chapter 82, Fees, of the Code of the Town of Franklin is to be paid with every application or request to the Board of Appeals, to pay the cost of notices prescribed by law. The fee shall be deposited with the Town of Franklin.
[Amended 11-4-1987 by Bylaw Amendment 87-101; 12-9-1987 by Bylaw Amendment
87-116]
E.
Special permits.
(1)
Special permit granting authority. Except where specifically
designated otherwise, the Board of Appeals shall act as the special
permit granting authority.
(2)
Public hearings. Special permits shall only be issued
following public hearings held within 65 days after filing an application
with the special permit granting authority, a copy of which shall
forthwith be given to the Town Clerk by the applicant, with the notice
for the public hearing being in accordance with the provisions set
forth below:
[Amended 3-20-1996 by Bylaw Amendment 96-308]
(a)
Notice of all public hearings shall be advertised,
at the expense of the applicant, in the newspaper designated by the
Town Council at least once in each of two successive weeks, with the
first such notice appearing at least 14 days prior to the public hearing.
(b)
The content of the notice shall include, at
a minimum, the name and address of the applicant; the location of
the subject parcel(s); the location, day, date and time of the public
hearing; the name, address and telephone number of the special permit
granting authority conducting the public hearing; the relief or permission
sought; and where and when the records of the filing may be viewed.
(c)
All property owners within a radius of 300 feet
of the subject parcel, as certified by the Office of the Board of
Assessors, shall be notified, at the applicant's expense, by certified
mail, return receipt requested, of the public hearing in a manner
and form consistent with the above, with such mailing to occur at
least 14 days prior to the date of the hearing, and the applicant
shall be required to submit proof of advertising and mailing prior
to the commencement of the public hearing.
(3)
Findings. Special permits shall be granted by the special permit
granting authority only upon its written determination that the proposed
use will not have adverse effects which overbalance its beneficial
effects on either the neighborhood or the Town, in view of the particular
characteristics of the site and of the proposal in relation to that
site. This determination shall be in addition to the following specific
findings:
[Amended 3-25-1987 by Bylaw Amendment 87-91; 3-21-2012 by Bylaw Amendment 12-669]
(a)
Proposed project addresses or is consistent with neighborhood
or Town need.
(b)
Vehicular traffic flow, access and parking and pedestrian safety
are properly addressed.
(c)
Public roadways, drainage, utilities and other infrastructure
are adequate or will be upgraded to accommodate development.
(d)
Neighborhood character and social structure will not be negatively
impacted.
(e)
Project will not destroy or cause substantial damage to any
environmentally significant natural resource, habitat, or feature
or, if it will, proposed mitigation, remediation, replication, or
compensatory measures are adequate.
(f)
Number, height, bulk, location and siting of building(s) and
structure(s) will not result in abutting properties being deprived
of light or fresh air circulation or being exposed to flooding or
subjected to excessive noise, odor, light, vibrations, or airborne
particulates.
(g)
Water consumption and sewer use, taking into consideration current
and projected future local water supply and demand and wastewater
treatment capacity, will not be excessive.
(4)
Conditions. Special permits may be granted with such
reasonable conditions, safeguards or limitations on time or use as
the special permit granting authority may deem necessary to serve
the purposes of this chapter.
(5)
Conformance. Construction or operations under a special
permit shall conform to any subsequent amendment of this chapter unless
the use or construction is commenced within a period of six months
after the issuance of the permit and, in cases involving construction,
unless such construction is continued through to completion as continuously
and expeditiously as is reasonable.
(6)
Expiration. Special permits shall lapse if a substantial
use thereof or construction has not begun, except for good cause,
within 24 months of special permit approval, exclusive of such time
required to pursue or await the determination of an appeal, referred
to in MGL c. 40A, § 17, from the grant thereof.
F.
Planning Board. In cases where the Planning Board is designated as the special permit granting authority, its actions shall be based upon the same considerations and procedural requirements stated in this chapter for the Board of Appeals, including § 185-45D(2)(a), (3), (4), (5) and (6). As authorized in § 40A-9 of Chapter 40A, there shall be one associate member of the Planning Board. Such associate shall act on special permit applications when designated to do so by the Planning Board Chairman in case of absence, inability to act or conflict of interest on the part of any member of the Board, or in the event of a vacancy on the Board. The associate member shall be appointed initially until the first general Town election by majority vote of the members of the Town Council and the Planning Board, in the same manner as for filling a vacancy. The associate member shall be elected for a three-year term after the initial appointment.
[Amended 5-12-1986 by Bylaw Amendment 86-65; 8-4-1993 by Bylaw Amendment
93-238]
G.
Repetitive petitions. No proposed change in this chapter
which has been unfavorably acted upon by the Town Council shall be
considered on its merits by the Town Council within two years after
the date of such unfavorable action, unless adoption of the of the
proposed change is recommended in the final report of the Planning
Board.
H.
Violations and penalties.
[Amended 11-14-1988 by Bylaw Amendment 88-136]
(1)
Any person violating any provision of this chapter,
any of the conditions under which a permit is issued or any decision
rendered by the Board of Appeals may be fined not more than $300 for
each offense. Each day that such violation continues shall constitute
a separate offense.
(2)
In addition to other remedies available under any
law, this chapter, any conditions under which a permit is issued or
any decision rendered by the Board of Appeals may be enforced by and
at the discretion of MGL c. 40, § 21D, which provides for
the noncriminal disposition of such offenses. When so enforced, the
penalties for zoning violations of any type described in this section
shall be:
I.
Amendment. This chapter may be amended from time to
time in accordance with the provisions of MGL c. 40A, § 6.
J.
Other laws. Where the application of this chapter
imposes greater restriction than those imposed by any other regulations,
permits, easements, covenants or agreements, the provisions of this
chapter shall control.
K.
Court appeal. Any person aggrieved by a decision of
the Board of Appeals or any special permit granting authority, whether
or not previously a party to the proceeding, or any municipal officer
or board may, as provided in MGL c. 40A, § 17, appeal to
the Superior Court or to the Land Court by bringing an action within
20 days after the decision has been filed with the Town Clerk.
L.
Consultant review fees.
[Added 5-3-1995 by Bylaw Amendment 95-286]
(1)
Applicability. The Planning Board and the Board of
Appeals (hereafter referred to as the "Board"), each at its sole discretion,
may separately determine that a proposed project coming under its
jurisdiction warrants the use of outside consultants (such as engineers,
planners, lawyers, hydrogeologists, or others) based upon the project's
size, scale, complexity, potential impact or use of the land. Such
consultants shall assist the Board, or any Town board or commission
to which a matter is referred for review and comment prior to action
by the Board, in plan review, impact analysis, inspection or other
technical assistance necessary to ensure compliance with all relevant
laws and regulations. Such consultants shall be selected and retained
upon a majority vote of the Board, with the actual and reasonable
costs for their services to be paid by the applicant. Consultant review
services may be proposed by the Planning Board or the Zoning Board
of Appeals or a Town board to which a matter has been referred by
the Planning Board or the Board of Appeals, the Building Commissioner
acting as the Zoning Enforcement Officer, the Regional Planning Services
Office or the Town Administrator.
(a)
The Board will use outside consultant services to complete construction
inspections upon the commencement of construction. The Franklin Department
of Public Works Director, directly and through qualified employees
of the Department of Public Works and outside consultant services
shall act as the Board's inspector to assist the Board with inspections
necessary to ensure compliance with all relevant laws, regulations
and Board-approved plan specifications.
[Added 7-13-2011 by Bylaw Amendment 11-660]
|
Such consultants shall be selected and retained upon a majority
vote of the Board, with the actual and reasonable costs for their
services to be paid by the applicant before or at the time of the
preconstruction meeting. Should additional inspections be required
beyond the original scope of work, the applicant shall be required
to submit fees prior to the issuance of a final certificate of completion.
| |
|
The requirement for the Board to use outside consultant services
to complete construction inspections upon the commencement of construction
applies to all projects and related site plans submitted to the Board
prior to the adoption of this bylaw amendment, as well as to projects
previously approved by the Board where the timeline to complete construction
is about to lapse, and the applicant requires Board approval of a
renewal application.
|
(2)
Selection appeal. The applicant shall be notified
in writing of consultant selection at least seven days prior to the
initiation of consultant efforts, unless this notice period is waived
in writing by the applicant. As provided in MGL c. 44, § 53G,
the applicant may administratively appeal the selection of the consultant
to the Franklin Town Council on grounds that the proposed consultant
selected has a conflict of interest or does not possess the minimum
required qualifications of an educational degree or three or more
years of practice in or closely related to the field at issue. Such
an appeal may be initiated by the applicant filing notice with the
Town Clerk within seven days of notice of selection. Consultant efforts
shall not begin until any appeal has been decided or until one month
passes without Council decision, in which case the selection made
by the Board shall stand.
(3)
Special account. The applicant shall deposit with
the Town Treasurer-Collector the amount of money determined by the
Board as necessary for the consultant to complete its assignment.
Such funds shall be deposited into a special account to be established
by the Town Treasurer-Collector, as provided by MGL c. 44, § 53G.
Expenditures from this special account may be made at the direction
of the Board without further appropriation, but only in connection
with the review of a specific project for which a consultant review
fee has been collected. An additional fee shall be deposited as determined
to be reasonable and necessary by the Board if the amount deposited
is determined by the Board to be insufficient to complete the assignment.
Any unexpended balance, including all accrued interest from the date
of deposit, shall be repaid to the applicant or his successor in interest
at the completion of the consultant's services.
(4)
Remedy. Failure of an applicant to pay the consultant
review fee determined by the Board, or to replenish the special account
when requested, shall be grounds for plan disapproval, denial of the
application or permit, or refusal to release development security.
M.
Notice of public hearings.
[Added 3-20-1996 by Bylaw Amendment 96-308]
(1)
Notice of all public hearings shall be advertised,
at the expense of the applicant, in the newspaper designated by the
Town Council at least once in each of two successive weeks, with the
first such notice appearing at least 14 days prior to the public hearing.
(2)
The content of the notice shall include, at a minimum,
the name and address of the applicant; the location of the subject
parcel(s); the location, day, date and time of the public hearing;
the name, address and telephone number of the board, department, agency
and/or agent conducting the public hearing; the relief or permission
sought; and where and when the records of the filing may be viewed.
(3)
All property owners within a radius of 300 feet of
the subject parcel, as certified by the Office of the Board of Assessors,
shall be notified, at the applicant's expense, by certified mail,
return receipt requested, of the public hearing in a manner and form
consistent with the above, with such mailing to occur at least 14
days prior to the date of the hearing, and the applicant shall be
required to submit proof of advertising and mailing prior to the commencement
of the public hearing.
N.
Design
Review Commission.
[Added 2-6-2013 by Bylaw Amendment 12-697]
(1)
Authority.
(a)
The Design Review Commission shall review and act upon applications for all actions that are subject to the provisions of § 185-20, Signs, and § 185-31, Site plan and design review; in addition, the Commission shall make recommendations to the Planning Board or Zoning Board of Appeals, as appropriate, concerning the conformance of a proposed development with design review standards contained herein.
(2)
Composition.
(a)
Makeup. The Franklin Design Review Commission shall be composed of
five members and two associate members. Members and associate members
shall be appointed by the Town Administrator and ratified by the Town
Council.
(b)
Terms. Staggered terms shall be established for all members of the
Design Review Commission and shall be three years in length. Associate
members will serve for one-year terms.
(c)
Associate members. Associate members of the Design Review Commission
shall participate in all matters before the Commission, in the same
manner as members, except associate members may not vote unless authorized
to do so by the Chair or Acting Chair. An associate member, if present
shall be authorized to vote in the absence, inability to act or conflict
of interest on the part of any member.
(3)
Design guidelines. A set of design guidelines specific to Franklin’s business and commercial areas shall be adopted by the Planning Board after study by an ad hoc committee established by the Town Council. The Design Review Commission Guidelines shall be consulted and applied by the applicant in the development of plans. The guidelines shall also serve as the basis for decisions for the Design Review Commission. Once adopted, the design guidelines may be amended by a majority vote of the Planning Board after a public hearing in accordance with Article VI, § 4-15, of the Code of the Town of Franklin.[1]
(4)
(Reserved)
(5)
Procedures.
(a)
Application review.
[1]
The Design Review Commission will hold a meeting on an application
within 30 days of its receipt.
[2]
The applicant or a representative for the applicant shall appear
at the meeting of the Design Review Commission at which the proposed
project is reviewed, unless the Chairman of the Commission determines,
in his sound discretion, that any benefit of the applicant’s
attendance would be outweighed by the expense or inconvenience involved
in which case, the Chairman shall inform the applicant that they do
not need to attend the meeting.
[3]
The Design Review Commission shall notify the Planning Board. Fire
Chief, Police Chief, Department of Public Works, Department of Planning
and Community Development, Building Commissioner, Conservation Commission,
and Board of Health of its meeting schedule as necessary and may,
in making its determination, request information or analysis from
any of the departments, boards or commissions listed above.
[4]
The Commission will review the proposal taking into consideration information or analysis from departments, boards or commissions listed above in Subsection N(5)(a)[3].
(6)
Decisions.
(a)
Based on compliance with the requirements and design guidelines,
the project may be either recommended for approval, with or without
conditions, or denial. When a project is recommended to be approved
or denied, the applicant shall receive written notice of the recommendation
within five days of the date of said meeting; in the case of the latter
decision, reasons for denial shall be provided in detail and with
specificity.
(b)
If the Commission fails to make its recommendation within the time
frame established, the permitting authority shall consider that the
Commission has no objection to the building and other design features.
(c)
No project shall commence until the Design Review Commission has
reviewed the proposal and forwarded its recommendation to the Planning
Board or Board of Appeals for its consideration within the allotted
time established under § 185-31.1 or 185-45D.
(7)
Appeals.
(a)
Appeals of any Design Review Commission decisions relating to signs
may be made to the Zoning Board of Appeals within 10 days of the decision.
(b)
Appeals other than signs. The Design Review Commission is advisory
to the Planning Board and the Zoning Board of Appeals with reference
to site plan review. Its recommendations are not binding on the permitting
board.
[Added 7-23-1997 by Bylaw Amendment 97-338]
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1.
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Intent and purpose. This section is adopted
pursuant to the provisions of MGL c. 40A and the Home Rule Amendment,
Article 89 of the Massachusetts Constitution. This section has been
adopted based upon a report entitled "Franklin Impact Fee System,"
dated August 1995 and prepared by Applied Economic Research, Inc.
and further supported by data reported in the 1997 Franklin Master
Plan, that the cumulative effect of its accelerated residential growth
sustained through the 1990's threatens the Town's current capacity
to service and keep pace with increased demands upon municipal infrastructure
and services necessary to accommodate growth, including fire protection,
water, sewer, schools, transportation, recreation and/or police protection.
This section therefore has the following purposes:
[Amended 10-1-1997 by Bylaw Amendment 97-345] | |||
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(1)
|
To ensure that growth occurs in an orderly and
planned manner, consistent with recent average growth rates, while
avoiding large year-to-year variations in the development rate.
| |||
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(2)
|
To provide the Town with time to study the effect
of residential growth on the municipality's infrastructure, character
and municipal services and to prepare a Comprehensive Plan for the
implementation of said study.
| |||
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(3)
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To relate the timing of residential development
to the Town's ability to provide adequate public safety, schools,
roads and municipal infrastructure and human services at the level
of quality which citizens expect and within the Town's ability to
pay under the financial limitations of Proposition 2 1/2, as outlined
in the Town's February 10, 1977 Master Plan.
| |||
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(4)
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To preserve and enhance the existing community
character and value of property.
| |||
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(5)
|
To allow departures from the strict application
of the growth rate measures herein in order to encourage certain types
of residential growth which address the housing needs of specific
population groups or which provide significant reductions in the ultimate
residential density of the Town.
| |||
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2.
|
Applicability, effect and definitions.
[Amended 10-1-1997 by Bylaw Amendment 97-345; 6-16-2004 by Bylaw Amendment
No. 04-548] | |||
|
(1)
|
Beginning on October 2, 1997, no building permit for a new dwelling unit or units shall be issued unless in accordance with the regulations of this § 185-46, or unless specifically exempted in Subsection 6 below.
| |||
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(2)
|
The provisions of this § 185-46 shall expire on June 30, 2009; provided, however, that by vote of the Town Council before said date, the provisions of this § 185-46 may be extended for an additional five years in order to continue municipal comprehensive planning studies necessary to promote orderly growth. In the event that such action is taken by Town Council vote prior to June 30, 2009, these provisions shall not be construed to have lapsed on such date.
| |||
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(3)
|
For the purposes of this § 185-46, the following terms shall have the following meanings:
| |||
|
(a)
|
"Growth rate limit" shall mean the maximum number
of building permits that may be authorized in a one-year period, which
shall be 100 permits. The growth rate limit is based upon the February
10, 1997 Master Plan's policies and implementation strategies to change
the current high level of residential growth in the Town. Units exempt
under Subsection 6 are included within the calculation of the growth
rate limit.
| |||
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(b)
|
"Development" shall mean a single parcel or set of contiguous parcels of land held in common ownership at any time on or after the date of adoption of this § 185-46, for which one or more building permits will be sought.
| |||
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(c)
|
"Phasing schedule" shall mean the phasing schedule
set forth in Subsection 4(4).
| |||
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(d)
|
"Development schedule" shall mean a schedule
authorized by the Planning Board in accordance with Subsection 5.
| |||
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3.
|
Planned growth rate.
| |||
|
(1)
|
The growth rate limit shall be based on a target growth rate of 100 dwelling units per year. In order to reflect the large number of potential building permits that are statutorily exempt from the provisions of this Subsection 185-46 at the time of its adoption (due to the prior approval of subdivision plans, plans subject to MGL c. 41, § 81P, special permits and building permits), the growth rate limit in effect at any point in time shall be adjusted by subtracting from the target rate 50% of the number of building permits issued for the construction of dwelling units on lots exempt from this § 185-46 pursuant to Subsection 6, during that calendar year. In no case; however, shall the growth rate limit be reduced below 50 permits in any twelve-month period. In addition, if more than 75 exempt units are built in any one year, 50% of the excess number of units above 100 shall be automatically subtracted from the following year's allocation. However, in no case shall that number be less than 50 units.
[Amended 6-16-2004 by Bylaw Amendment No. 04-548] | |||
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(2)
|
Whenever the number of building permits issued for new dwelling units exceeds the applicable growth rate limit, the Building Commissioner shall not issue building permits for any additional dwelling unit or units unless such unit or units are exempt from the provisions of this § 185-6 under Subsections 5 or 6 below.
| |||
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(3)
|
The Building Commissioner shall not issue more
than 10 building permits to any one applicant in any twelve-month
period.
| |||
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(4)
|
The Planning Board shall not approve any development
schedule under Subsection 5 which, at that time, would result in authorizations
exceeding the applicable growth rate limit.
| |||
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(5)
|
Building permits issued, but subsequently abandoned
under the provisions of the State Building Code, shall not be counted
in computing the applicable growth rate limit.
| |||
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4.
|
Phased development.
| |||
|
(1)
|
This subsection shall apply to the following types of development which would result in the creation of new dwelling units: (a) definitive subdivision plans; (b) plans subject to MGL c. 41, § 81P; (c) special permit developments subject to §§ 185-38, except condominium developments, and 185-43 of this Zoning Bylaw; and (d) use variances.
| |||
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(2)
|
In addition to the types of development covered
under Subsection 4(1), the Planning Board is authorized, upon request,
to approve phased development for any other building lot or dwelling
unit specifying the month and year in which such lot/unit shall be
eligible for a building permit.
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(3)
|
Dwelling units shall be considered as part of a single development for purposes of phased development if located on either a single parcel or on a set of contiguous parcels of land which have been held in common ownership at any time on or after the date of adoption of this § 185-46.
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(4)
|
Where the applicable growth rate limit allows
development consistent with the table set forth below, the Planning
Board shall establish a development schedule pursuant to Subsection
5 which allows the maximum number of dwelling units per year.
| |||
|
Number of New Units Development
|
Maximum Number of Dwelling in Units Authorized
Per Year
| |
|---|---|---|
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1 to 5
|
Total in Development
| |
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6 to 10
|
7
| |
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11 to 20
|
8
| |
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21 to 30
|
9
| |
|
31 or more
|
10 or 10%
|
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(5)
|
Where the applicable growth rate limit does
not allow development consistent with the table set forth above, the
Planning Board shall establish a development schedule pursuant to
Subsection 5 which allows fewer than the maximum number of dwelling
units per year. However, the Planning Board shall not establish any
development schedule which extends development for longer than a ten-year
period.
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5.
|
Procedures for development schedules.
| ||
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(1)
|
In order to facilitate review, the developer
may submit a written proposed development schedule to the Planning
Board as part of any application for preliminary or definitive subdivision
approval of any application for approval of a plan subject to MGL
c. 41, § 81P.
| ||
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(2)
|
In cases where the developer has elected not
to submit a development schedule in accordance with Subsection 5(1),
above, the Building Inspector shall refer any application for a building
permit on a lot within these types of development to the Planning
Board for development scheduling.
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(3)
|
The developer shall submit a written proposed
development schedule as part of any application for a special permit
or use variance. In the case of a use variance or a special permit
granted by the Board of Appeals, the Board of Appeals shall forthwith
refer said document to the Planning Board.
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|
(4)
|
The Planning Board shall approve a development schedule which is consistent with the provisions of this § 185-46.
| ||
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(5)
|
Approved development schedules for the types
of development described in Subsection 4(1) shall be incorporated,
where appropriate, as part of the decision filed with the Town Clerk,
whether inscribed on the plan and/or filed as a separate attached
document. In the alternative, development schedules pertaining to
plans subject to MGL c. 41, § 81P shall be separately recorded
at the registry of deeds if the developer does not elect to use the
procedures of Subsection 5(1), above.
| ||
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(6)
|
No approved development schedule shall take
effect for the purposes of obtaining building permits until recorded
at the registry of deeds separately or as part of the subdivision
or zoning decision to which it is attached.
| ||
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(7)
|
After approval of a development schedule by
the Planning Board in accordance with Subsection 5, an application
for a building permit in conformance with the approved schedule shall
be approved and the permit issued even if the applicable growth rate
limit calculated pursuant to Subsection 3 has been reached.
| ||
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(8)
|
If applications for building permits are made
at a slower rate than authorized in a development schedule, applications
for the unused permits from one period may be made in a later period;
and such applications shall be approved and the permits issued even
if the applicable growth rate limit has been reached in the later
period.
| ||
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(9)
|
Upon transfer of any lot or unit within a development subject to development scheduling, the deed shall reference the development schedule and state the earliest date on which construction may be commenced in accordance with the provisions of this § 185-46.
| ||
|
6.
|
Exemptions.
[Amended 6-16-2004 by bylaw Amendment No. 04-548] | ||
|
The following developments are specifically exempt from this § 185-46, but (1) the issuance of building permits for these developments shall count toward the growth rate limitation of 200 permits in a twenty-four-month period; and (2) the issuance of building permits for these developments shall not affect the minimum number of nonexempt permits to be issued of 150 permits in a twenty-four-month period, as set forth in Subsection 3.
| |||
|
(1)
|
Dwelling units in the types of development set
forth on Section 4(l), which are exempt by virtue of the provisions
of MGL c. 40A, § 6.
| ||
|
(2)
|
An application for a building permit for the enlargement, restoration, conversion to two-family dwelling or reconstruction of a single-family dwelling in existence as of the effective date of this § 185-46, provided that only one additional dwelling unit is created.
| ||
|
(3)
|
Development projects which voluntarily agree
to a minimum 40% permanent reduction in density below the density
permitted under zoning and feasible given the environmental conditions
of the tract, with the surplus land equal to at least five acres and
permanently designated as open space and/or farmland. The land to
be preserved shall be protected from development by an agricultural
preservation restriction, conservation restriction, dedication to
the Town or other similar mechanism that will ensure its protection.
| ||
|
(4)
|
Housing development projects built pursuant
to a comprehensive permit issued under the provisions of MGL c. 40B,
§§ 20 through 23 to provide housing units for elderly
persons.
| ||
|
(5)
|
Assisted living as defined in MGL c. 19D,
§ l and independent living facilities.
| ||
|
(6)
|
Any tract of land existing and not held in common ownership with an adjacent tract on the effective date of this § 185-46 shall receive a one-time exemption for the purpose of constructing one single-family dwelling unit on the parcel.
| ||
|
(7)
|
Senior village developments as approved under § 185-48.
[Added 10-3-2001 by Bylaw Amendment 01-478] | ||
|
(8)
|
Multifamily or apartment developments approved
within the CI and GRV Zoning District.
[Added 10-3-2001 by Bylaw Amendment 01-478] | ||
|
7.
|
Relation to real estate assessment. Any landowner
temporarily denied a building permit because of these provisions may
apply to the Board of Assessors, in conformity with MGL c. 59, § 59,
for a determination as to the extent to which the temporary restriction
on development use of such land shall affect the assessed valuation
placed on such land for purposes of real estate taxation and for abatement
as determined to be appropriate.
| ||
|
8.
|
Zoning change protection. Any protection against zoning changes provided by MGL c. 40A, § 6, shall be extended to the earliest date on which the final unit in the development could be authorized under this § 185-46.
| ||
[Added 11-1-2000 by Bylaw Amendment 00-442; amended 8-6-2008 by Bylaw Amendment 08-616; 6-5-2013 by Bylaw
Amendment 13-707]
1.
Purpose and intent.
It has been documented in numerous other towns and cities throughout
the Commonwealth of Massachusetts and elsewhere in the United States
that adult entertainment establishments are distinguishable from other
business uses and that the location of adult entertainment uses degrades
the quality of life in the areas of a community where they are located.
Studies have shown secondary impacts such as increased levels of crime,
decreased tax base and blight resulting from the clustering and concentration
of adult entertainment uses. Late-night noise and traffic also increase
due to the late hours of operation of many of these establishments.
This section is enacted pursuant to MGL c. 40A, § 9, and
the Home Rule Amendment to the Massachusetts Constitution with the
purpose and intent of regulating and limiting the location of adult
entertainment establishments (as defined herein) so as to prevent
the secondary effects associated with these establishments, and to
protect the health, safety and general welfare of the present and
future inhabitants of the Town of Franklin.
The provisions of this § 185-47 have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the intent or effect of this § 185-47 to restrict or deny access by adults to sexually oriented matter or materials protected by the Constitution of the United States or of the Commonwealth of Massachusetts, nor restrict nor deny rights that distributors or exhibitors of such matter or materials may have to sell, distribute or exhibit such matter or materials. Nor is it the intent or effect of this § 185-47 to legalize the distribution of obscene matter or materials.
2.
Applicability. This § 185-47 applies to all adult entertainment establishments, as defined in MGL c. 40A, § 9A.
3.
Establishment of Adult Use Overlay District and relationship to underlying
districts.
a.
The Adult Use Overlay District consists of those parcels of land zoned industrial, located south or west of the sideline of Interstate 495. This district is delineated on the map entitled "Adult Use Overlay Districts" and created under § 185-4, Districts enumerated.
b.
The Adult Use Overlay Districts are established as districts which
overlay the underlying districts, so that any parcel of land lying
in an Adult Use Overlay District shall also lie in one or more of
the other zoning districts in which it was previously classified,
as provided for in this Zoning Bylaw.
4.
Permitted uses. All uses permissible and as regulated within the
underlying district.
5.
Special permit uses.
The following uses shall require a special permit from the Planning
Board:
6.
Special permit submittal requirements. In addition to the submittal requirements for site plan approval as detailed in § 185-31, and special permit submittal requirements as detailed in § 185-45, special permit applications for approval under this § 185-47 shall contain the following additional information:
7.
Special permit standards for adult uses. No special permit may be
granted by the Planning Board for an adult bookstore, adult video
store, adult paraphernalia store, adult motion-picture theater or
adult live entertainment establishment (adult entertainment establishments)
unless the following conditions are satisfied:
a.
Location conditions. No adult entertainment establishment may be
located less than 200 feet from a residential zoning district, school,
library, church, child-care facility, park, playground, any establishment
licensed under the provisions of MGL c. 138, § 12, or another
adult entertainment establishment. The 200 feet shall be measured
from all property lines of the proposed use.
b.
Display conditions. No signs, graphics, pictures, publications, videotapes,
movies, covers or other implements, items or advertising, that fall
within the definition of adult bookstore, adult video store, adult
paraphernalia store, adult motion-picture theater or adult live entertainment
establishment merchandise, shall be displayed in the windows of, or
on the building of, any adult entertainment establishment, or be visible
to the public from the pedestrian sidewalks or walkways or from other
areas, public or semipublic, outside such establishments.
c.
Screening. All building openings, entries and windows shall be screened
in such a manner as to prevent visual access of the public to the
interior of the adult entertainment establishment.
d.
Additional setbacks. The proposed use and all associated advertising
signs shall not be located within 50 feet of a public or private way
and must be set back a minimum of 50 linear feet from all property
lines.
e.
Applicant conditions. No special permit shall be issued to any person
convicted of violating the provisions of MGL c. 119, § 63,
or MGL c. 272, § 28.
9.
Severability. If any section or portion of this section is ruled
invalid, such ruling shall not affect the validity of the remainder
of the section.
[Added 5-2-2001 by Bylaw Amendment 01-461]
A.
Purpose. The purpose of the Senior Village Overlay
District is to encourage development of master-planned residential
communities for persons 55 years of age and older, by allowing for
a greater variety of uses and building types at a higher density than
would normally be allowed, and allowing greater flexibility in site
planning so as to promote affordable housing and the preservation
of open space and historic resources within the development. It is
intended that a senior village development provide a range of housing
types and facilities that are responsive to the socio-cultural, health
care, and recreational needs of senior residents. The intent of a
senior village is to achieve, to the greatest possible degree, land
development that is responsive to an analysis of the environmental
assets and constraints of a site, both natural and man-made. The senior
village should be a well-integrated development in terms of land use,
functional systems, and major design elements such as buildings, roads,
utilities, wastewater treatment and disposal, drainage systems and
open space. Design standards should be supportive of a New England
character, with a cohesive center and a sense of neighborhood. A senior
village is allowed greater design flexibility so that site planning
for a development may protect natural features and take into consideration
the surrounding land use and development context. This may allow for
development to be more highly concentrated on one portion of a site
than would otherwise be the case, with a resulting lower intensity
of development and preservation of open space elsewhere on the site.
Development should be concentrated in the most suitable and least
environmentally sensitive areas of the landscape. Preservation of
natural open space is strongly promoted, as is provision and enhancement
of additional open space for recreational use and enjoyment of residents.
It is intended that the benefits of senior village development will
act to encourage property owners/developers to consolidate land parcels
so that comprehensive and responsible site planning will occur.
B.
General requirements.
(1)
Location. The Senior Village Overlay District is an
overlay zoning district that shall be superimposed on the Rural Residential
I District, Rural Residential II District, Single-Family Residential
III District, Single-Family Residential IV District, General Residential
V District, Residential VI District, Commercial I District, and Commercial
II District of the Town of Franklin.
(2)
Special permit. Senior villages will be authorized
only by special permit granted by the Planning Board (hereinafter
referred to as "the Board").
C.
D.
General standards and density determination.
(1)
General standards. A senior village shall comply with
the following general standards:
(a)
All dwellings in a senior village shall be subject
to an age restriction described in a deed/deed rider, or restrictive
covenant, and shall be reviewed by the Town Attorney and approved
by the Board recorded at the Registry of Deeds and/or the Land Court.
The age restriction shall limit the dwelling units to occupancy by
seniors, age 55 or older; or their spouses of any age; or other persons
if medical need can be established to the satisfaction of the association
approved by the Board; provide for reasonable time-limited guest visitation
rights; and may authorize special exceptions that allow persons of
all ages to live in a dwelling unit together with a senior resident,
if the Board so approves and specifies this in its special permit.
The special permit and the age restriction described above shall run
with the land and shall be enforceable by any owner(s) of dwelling
units in the senior village and/or the Board of the Town of Franklin.
(b)
A senior village shall contain a minimum of
10 housing units as defined in this section.
(c)
A senior village shall be constructed on a parcel
or on contiguous parcels of land totaling at least five acres in size.
(d)
Upon approval by the Board, a senior village
may include accessory retail uses. The total amount of gross building
floor area used for accessory retail uses shall not exceed 5% of the
total gross building floor area for the entire senior village, or
10,000 square feet, whichever is greater.
(e)
Upon approval by the Board, a senior village
may include accessory restaurant uses. The total amount of gross building
floor area used for accessory restaurant uses shall not exceed 5%
of the total gross building area for the entire senior village, and
shall contain a maximum of 100 seats.
(f)
Upon approval by the Board, a senior village
also may include a senior village community center or community building(s)
intended for use and benefit of the senior village residents, provided
that such use(s) shall occupy not more than 10% of the gross building
floor area constructed within the approved senior village, and only
if the Board finds that adequate assurances and covenants exist, to
ensure proper maintenance of such facilities by the residents, owners
or their agents, and that the residents, owners or their agents will
bear all expenses related thereto.
(g)
The maximum number of permitted housing units
within all permitted senior village developments in the Town of Franklin
shall be limited to a number equivalent to 2.5% of the existing single-family
residential housing units (excluding senior village units) located
in the Town of Franklin. For the purpose of this bylaw, the number
of single-family residential housing units shall be as established
by the Board of Assessors as of January 1 of the calendar year. The
Board may waive this limitation if the Board finds that the proposed
development fulfills a critical senior housing need for the Town of
Franklin or the surrounding region.
[Amended 10-6-2004 by Bylaw Amendment 04-550; 9-5-2007 by Bylaw Amendment
07-610]
(2)
Density determination.
(a)
For the purposes of this bylaw, the base density
of a senior village shall be 1.5 housing units per gross site acre,
except where the senior village is proposed in General Residential
V, and Commercial I Zoning Districts, the base density shall be three
units per gross site acre. This base density may be increased by following
the requirements of this section. All calculations of dwelling units
resulting in a fractional unit of 1/2 or more shall be rounded up
to the next whole number, all others being rounded down.
[Amended 10-6-2004 by Bylaw Amendment 04-550]
|
(i)
|
The maximum number of permitted housing units
in a senior village shall be determined by multiplying the base density
by a factor of five.
| ||
|
(ii)
|
For the purposes of this bylaw, one housing
unit shall be defined as equal to:
| ||
|
a.
|
One home site in a senior village residential
subdivision, or one senior village townhouse.
| ||
|
b.
|
Two dwelling units or rooms in an assisted living
or congregate living residence facility, or independent living residence
facility;
| ||
|
c.
|
Three dwelling units or rooms in a long-term
care facility.
| ||
(b)
An applicant or developer of a senior village
is not entitled to the maximum number of housing units described above.
The allowable increased density, up to the calculated maximum number
of housing units for the given senior village site, is at the discretion
of the Board based on evaluation of the proposed development plan's
impacts and benefits, and the density guidelines outlined below.
(c)
Density incentives to further certain public
objectives.
[Amended 10-6-2004 by Bylaw Amendment 04-550]
|
(i)
|
Basic senior village bonus. A senior village's
base density is defined as 1.5 housing units per gross site acre except
where noted above. To qualify as a senior village, a proposal shall,
at a minimum: (a) set aside 15% of the total number of dwelling units
provided on the site as affordable housing as defined in this section;
(b) provide for a minimum of 30% of the lot area as permanent, protected
open space conforming to the open space standards set forth in this
section. The minimum of 30% open space requirement may be waived by
the Board if the proposed senior village is within the Commercial
I or General Residential V Zoning District and includes the rehabilitation
or renovation of a certified, historic or architecturally significant
structure for use as senior housing; and (c) to conform with the Design
Review Commission guidelines as interpreted by the Design Review Commission
and the Board and to conform with the standards of this section. This
enhanced base density for senior villages may be further increased
according to the provisions below pertaining to: additional affordable
housing; additional open space dedication; and rehabilitation of existing
buildings.
| ||
|
(ii)
|
Additional affordable housing. In addition to
the minimum requirement of 15% on-site affordable housing, a density
increase is permitted where the proposal provides on-site or off-site
housing opportunities for low- or moderate-income senior households.
For the purposes of this section, affordable housing shall be defined
as dwelling units that are rented or sold to, and occupied by, households
earning up to 80% of the median area household income, as such median
is defined by the United States Department of Housing and Urban Development
(HUD). Affordable rental units shall be "rent restricted," as such
term is defined in the Federal Low-Income Housing Tax Credit Program,
Internal Revenue Code Section 42(g)(2), such that rents, including
utilities, are set at no more than 30% of the income limit. Affordable
units shall, by deed restriction, remain affordable in perpetuity.
Affordable units shall be dispersed throughout the senior village
and shall be externally indistinguishable from the market rate units.
If the affordable units are part of a condominium, the condominium
documents shall, at a minimum, ensure that the owners of the affordable
units will not be required to pay for capital improvements they cannot
afford and that they will have fair and sufficient voting rights.
The property owner shall seek referrals for the affordable units from
the Franklin Housing Authority and shall submit an annual report to
the Franklin Housing Authority, detailing compliance with the affordable
housing provisions of the senior village approval. The Franklin Housing
Authority shall be responsible for monitoring the long-term affordability
of the units and shall report any deviations from these provisions
to the Building Inspector and the Board. When an off-site housing
provision is proposed, the Board shall require evidence that these
units will in fact be constructed within 12 months from the date of
approval of the senior village proposal. The amount of density increase
shall be calculated as follows:
| ||
|
a.
|
For each affordable housing unit provided under
this section, two additional housing units may be permitted up to
the maximum permitted under this section.
| ||
|
b.
|
For each affordable housing unit where, by deed
restriction, Franklin residents have first right of refusal, 2.5 housing
units may be permitted up to the maximum permitted under this section.
The density bonuses above are not to be combined. Under no circumstances
shall one affordable unit allow more than 2.5 additional units.
| ||
|
(iii)
|
Additional open space. In addition to the minimum
requirement of 30% preserved on-site open space, the applicant may
dedicate additional land as open space. All open space shall be in
conformance with the open space standards of this section. This open
space may be on or off site. Documents demonstrating the preservation
of the open space shall be submitted to the Board prior to the issuance
of any occupancy permit. The amount of density increase shall be calculated
as follows:
| ||
|
a.
|
For each acre (with the total acreage rounded
to the nearest whole number) of on-site preserved open space, three
additional housing units may be permitted up to the maximum permitted
under this section.
| ||
|
b.
|
For each quarter-mile of trail that becomes
and/or remains publicly accessible, one additional housing unit may
be permitted up to the maximum permitted under this section. The Board
shall request a letter of recommendation from the Public Land Use
Committee regarding the quality of the proposed trail network.
| ||
|
c.
|
Upon the determination of the Board and the
written recommendation of the Public Land Use Committee or Conservation
Commission, the Board may grant up to 10 additional housing units
over and above the maximum permitted, for the preservation of critical
open space.
| ||
|
(iv)
|
Rehabilitation of existing buildings. A density
increase is permitted where the applicant rehabilitates or renovates
existing buildings on the senior village site. Where there are buildings
and structures on the site that have been certified by the Historic
Commission, or the Board's historic consultant as having historic
and/or architectural significance, all said buildings and structures
shall be rehabilitated or renovated in order to receive a density
bonus under this section. The Board shall refer to the Secretary of
the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings for guidance when reviewing the buildings and structures
which have been, or are proposed to be, rehabilitated or renovated.
The amount of density increase shall be calculated as follows:
| ||
|
a.
|
For every 500 square feet of gross floor space
in noncertified buildings and structures to be rehabilitated or renovated,
one additional housing unit may be permitted up to the maximum permitted
under this section.
| ||
|
b.
|
For every 250 square feet of gross floor space
in certified buildings and structures to be rehabilitated or renovated,
one additional housing unit may be permitted up to the maximum permitted
under this section.
| ||
E.
Senior village application requirements.
(1)
Pre-application. The applicant is strongly encouraged
to request a pre-application review at a regular business meeting
of the Board. The purpose of a pre-application review is to minimize
the applicant's costs of engineering and other technical experts,
and to commence negotiations with the Board and/or its technical experts,
and set a timetable for submittal of a formal application. Preliminary
submission is very strongly encouraged by the Town of Franklin as
a way of helping applicants and officials develop a better understanding
of the site and to help establish an overall design approach that
respects the site's noteworthy features, while providing for the density
permitted under the Senior Village Zoning Ordinance. In order to facilitate
review of the proposed senior village at the pre-application stage,
applicants shall submit a conceptual plan. A conceptual plan shall
be submitted regardless of the applicant requesting a pre-application
meeting.
(a)
Conceptual plan. The submission requirements
for a conceptual plan shall consist of the following three elements,
and shall be prepared in accordance with the drafting standards and
plan requirements described herein:
|
(i)
|
Site context plan. A plan showing the location
of the proposed development within its neighborhood context shall
be submitted. For sites less than 100 acres in area, such plans shall
be at a scale not less than 1 inch equals 200 feet and shall show
the relationship of the subject property to natural and man-made features
existing within 1,000 feet of the site. For sites of 100 acres or
more, the scale shall be 1 inch equals 400 feet, and shall show the
above relationships within 2,000 feet of the site. The features that
shall be shown on site context plans include topography (from United
States Geological Survey plans), stream valleys, wetland complexes,
woodlands, high points, knolls, and ridge lines, public roads and
trails, utility easements and rights-of-way, public land, and land
protected under conservation easements or other methods of protection.
All information may be obtained from existing resources.
| |||
|
(ii)
|
Existing resources and site analysis plan.
| |||
|
For all developments under this bylaw an existing
resources and site analysis plan shall be prepared to provide the
developer and the Town of Franklin with a comprehensive analysis of
existing conditions, both on the proposed development site and within
500 feet of the site. This plan may be presented to the Department
of Community Planning and the Board as an informal preliminary step
prior to the formal application process. All information for off-site
characteristics may be obtained from existing resources.
| ||||
|
The Town of Franklin shall review the plan to
assess its accuracy, conformance with Town ordinances, and likely
impact of the proposed development upon the natural and cultural resources
on and abutting the property. Such plans shall generally be prepared
at a scale that would best fit on a single standard size sheet (24
inches by 36 inches). The following information shall be included
in this plan:
| ||||
|
a.
|
A vertical aerial photograph enlarged to a scale
not less detailed than 1 inch equals 400 feet, with site boundaries
clearly marked;
| |||
|
b.
|
Topography, the contour lines of which shall
generally be at two-foot intervals, (although ten-foot intervals are
permissible beyond the parcel boundaries, interpolated from USGS maps).
Slopes between 15% and 25% and exceeding 25% shall be clearly indicated;
| |||
|
c.
|
The location and delineation of rivers, lakes,
ponds, streams, ditches, drains, vernal pools, and natural drainage
swales, as well as the one-hundred-year floodplains and wetlands;
| |||
|
d.
|
Vegetative cover conditions on the property
according to general cover type including cultivated land, meadow,
pasture, woodland, and wetland; trees with a diameter at breast height
(DBH) in excess of 15 inches, the actual canopy line of existing trees
and woodlands. Vegetative types shall be described by plant community,
relative age, and condition;
| |||
|
e.
|
Soil series, types, and phases, as prepared
by the U.S. Department of Agriculture, Natural Resources Conservation
Service, in the published soil survey for the County, and accompanying
data published for each soil relating to its suitability for construction
(and, in unsewered areas, for septic suitability);
| |||
|
f.
|
Ridge lines and watershed boundaries;
| |||
|
g.
|
A viewshed analysis showing the location and
extent of views into the property from public roads and from public
lands;
| |||
|
h.
|
Geologic formations on the property, including
rock outcroppings, cliffs, and sinkholes;
| |||
|
i.
|
All existing man-made features including, but
not limited to: roads, driveways, rail lines, trails, buildings, foundations,
walls, wells, drainage fields, dumps, utilities, fire hydrants, and
storm and sanitary sewers;
| |||
|
j.
|
Locations of all historically significant sites
or structures on the property, including but not limited to cellar
holes, stone walls, earthworks, and graves;
| |||
|
k.
|
All easements and other encumbrances of property
which are or have been filed of record with the Registry of Deeds;
| |||
|
(iii)
|
Four-step design process. All conceptual plans
shall include documentation of the four-step design process outlined
below, conducted by a professional landscape architect, in determining
the layout of proposed open space, building sites, streets, and pedestrianways.
| |||
|
Step 1: Identification of open space lands
| ||||
|
1)
|
The minimum percentage and acreage of required
open space shall be calculated by the applicant and submitted as part
of the conceptual plan in accordance with the provisions of this bylaw.
Primary open space lands (such as wetlands, riverfront areas, and
floodplains) shall be identified and secondary open space lands (including
unprotected elements of the natural landscape such as steep slopes,
mature woodlands, prime farmland, meadows, wildlife habitats, and
cultural features, such as historic and archeological sites and scenic
views) shall be identified and delineated.
| |||
|
2)
|
Potentially developable lands shall be identified
and delineated. To the maximum extent possible, the potentially developable
lands shall consist of land outside identified primary and secondary
open space areas.
| |||
|
Step 2: Location of building sites. Appropriate
building sites shall be located within the potentially developable
land area and shall include the identification of yards, and shared
amenities, so as to reflect an integrated community.
| ||||
|
Step 3: Location of streets and pedestrianways.
Streets shall be aligned to access the buildings. New trails and pedestrian
links shall be laid out to create internal and external connections
to existing and/or potential future streets, sidewalks, and trails.
| ||||
|
Step 4: Location of lot lines. If applicable,
lot lines shall be drawn.
| ||||
(b)
Site visit. Applicants are strongly encouraged
to request a site visit by the Board and/or its agents in order to
facilitate pre-application review of the senior village.
(2)
Application. The submission requirements for a special permit under this bylaw shall consist of the requirements of § 185-31(1), Site plan review, § 185-31(2), Design review, § 185-45(E), Special permits, as well as a conceptual plan described herein, a plan for management of open space, and shall also include a brief written description of the proposed project including: detailed density calculations; evidence of compliance with all requirements and standards contained within this section; description of any proposed construction or demolition; all proposed uses; who the project is intended to serve; expected number of employees, and/or occupants; hours of operation; and any other information that the applicant feels would describe the intent and purpose of the proposed project.
|
The senior village application shall be accompanied
by a certification from the Historical Commission, or historic consultant
approved by the Board, of all historically and/or architecturally
significant buildings, landscape features and supporting structures
located on site.
|
F.
Senior village standards.
(1)
Senior village open space standards. The following
standards shall apply to senior village open space land area:
(a)
The following shall not be counted as part of
the required senior village open space: community buildings or other
buildings housing common facilities, median strips, landscaped areas
within parking lots, constructed stormwater management facilities
including retention basins, lawn/landscaped areas on individual home
site lots or private residential yards.
(b)
A minimum of 40% of the required senior village
open space shall be suitable for use for passive and/or active recreational
purposes.
(c)
The percentage of open space that is wetland
resource areas as defined and regulated pursuant to the Massachusetts
Wetlands Protection Act (MGL c. 131A) shall not normally exceed the
percentage of the tract that is wetlands; provided, however, that
the applicant may include a greater percentage of wetlands in such
open space upon a determination that such inclusion promotes the purposes
of this bylaw and upon the written recommendation of the Conservation
Commission.
(d)
Unless otherwise approved by the Board in its
special permit decision, open space shall be maintained in its pre-development,
open state. Maintaining such land in its pre-development, open state
shall mean that the land shall remain in its natural state without
the removal or disturbance of trees, vegetation or earth. Neither
temporary site access nor temporary structures shall be permitted
on reserved open space, nor shall open space be used as staging areas
during construction.
(e)
The required senior village open space shall
be contiguous, unless the Board finds that it is not practical for
all the open space to be contiguous due to the particular shape or
topography of the senior village site or, for the same reasons, that
it is advantageous to allow separated open space areas in order to
best protect natural features of the site. Portions of the senior
village open space may also consist of village greens, commons, or
passive parks.
(f)
The senior village plan should take into account
any Town of Franklin or other public agency plans for preservation
or improvements to public open space adjacent to the senior village
site, so as to provide potential for linkage and access to said adjacent
public open space. As a condition of issuance of the special permit
for a senior village, the Board may require the senior village applicant
to provide paths, walkways, or other appropriate physical connections
to adjacent open spaces or public lands.
(2)
Ownership of open space.
(a)
At the developer's option and subject to approval
by the Board, all areas to be protected as open space shall be:
|
(i)
|
Conveyed to the Town to be placed under the
care, custody and control of the Conservation Commission, and be accepted
by it for a park or open space use. Land conveyed to the Town should
be open for public use; and/or
| |
|
(ii)
|
Conveyed to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space, with a conservation restriction as specified in Subsection F(2)(b) below. Such organization shall be acceptable to the Board as a bona fide conservation organization; and/or
| |
|
(iii)
|
Conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the development (i.e. homeowners' association) and placed under conservation restriction as specified in Subsection F(2)(b). If such a corporation or trust is utilized, as indicated herein, ownership thereof shall pass with conveyance of the lots or residential units. The developer is responsible for the maintenance of the open space and other facilities to be held in common until such time as the homeowners' association is capable of assuming such responsibility. Thereafter, the members of the association shall share the cost of maintaining the open space. The Planning Board shall require the applicant to provide documentation that the homeowners' association is an automatic (mandatory) association that has been created prior to the issuance of any building permit.
|
(b)
Permanent restriction. In any case where open
space is not conveyed to the Town, a permanent conservation or agricultural
preservation restriction in accordance with MGL c. 184, § 31,
approved by the Board and Town Council and enforceable by the Town,
conforming to the standards of the Massachusetts Executive Office
of Environmental Affairs, Division of Conservation Services, shall
be recorded to ensure that such land shall be kept in an open or natural
state and not be built for residential use or developed for accessory
uses such as parking or roadways except as permitted by this bylaw
and approved by the Board. Restrictions shall provide for periodic
inspection of the open space by the Town. Such restriction shall be
submitted to the Board prior to approval of the special permit and
recorded at the Registry of Deeds/Land Court. A management plan may
be required by the Board which describes how existing woods, fields,
meadows or other natural areas shall be maintained in accordance with
good conservation practices. Unless otherwise permitted by the Board,
all open space shall be open for public use.
(c)
Encumbrances. All areas to be set aside as open
space shall be conveyed free of any mortgage interest, security interest,
liens or other encumbrances.
(d)
Maintenance of open space.
|
(i)
|
In any case where open space is not conveyed
to the Town, the Town shall be granted an easement over such land
sufficient to ensure its perpetual maintenance as conservation or
recreation land. Such easement shall provide that in the event the
trust or other owner fails to maintain the open space in reasonable
condition, the Town may, after notice to the lot owners and public
hearing, enter upon such land to maintain it in order to prevent or
abate a nuisance. The cost of such maintenance by the Town shall be
assessed against the properties within the development and/or to the
owner of the open space. The Town may file a lien against the lot
or lots to ensure payment of such maintenance expenses.
| ||
|
(ii)
|
The applicant shall, at the time of application,
provide a plan for management of open space in accordance with the
following requirements:
| ||
|
a.
|
The plan shall define ownership.
| ||
|
b.
|
The plan shall establish necessary, regular,
and periodic operation and maintenance responsibilities for the various
types of open space (i.e., forest, meadow, playing field, crop land,
etc.).
| ||
|
c.
|
The plan shall establish staffing needs, insurance
requirements, and associated costs, and define the means for funding
the management of the senior village open space in perpetuity.
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|
d.
|
The owner/applicant shall be required to establish
a management fund to ensure the long-term management of the open space.
The nature and amount of said fund shall be fair and reasonable and
be approved by the Board.
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|
e.
|
A draft plan shall be submitted to the Conservation
Commission for comment and approval and the final plan shall be submitted
to the Board at the time of application.
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|
f.
|
Any changes in the management plan shall be
approved by the Conservation Commission and the Board.
| ||
(e)
Monumentation. Where the boundaries of the open
space are not readily observable in the field, the Board may require
placement of surveyed bounds sufficient to identify the location of
the open space.
(3)
Senior village site development standards. The following
site development standards shall apply to all senior village developments:
(a)
Dimensional standards.
|
(i)
|
The lot or combination of more than one contiguous
lot upon which a senior village is located shall meet the minimum
lot dimensions found in the Schedule of Lot, Area, Frontage, Yard,
and Height Requirements[1] for the underlying Zoning District. The Board may waive
these requirements if the Board finds that such reduction will result
in better design, improved protection of natural and scenic resources,
and will otherwise comply with this bylaw.
| |
|
(ii)
|
Each building in the senior village shall have
a minimum front yard of no less than 20 feet from the edge of the
paved way to the closest point of the structure, and a side yard of
not less than 10 feet from the edge of the paved way to the closest
point of the structure. The Board may waive these requirements if
the Board finds that such reduction will result in better design,
improved protection of natural and scenic resources, and will otherwise
comply with this bylaw.
| |
|
(iii)
|
Each building in the senior village shall be
set back a minimum of 50 feet from the senior village's perimeter
lot line(s). This minimum setback shall be increased by five feet
for each foot the proposed building is over 30 feet in height. The
maximum height of any structure in a senior village shall be no greater
than 35 feet. The setback area shall be maintained as natural open
space or as a densely planted landscaped buffer. The Board may waive
these requirements if the Board finds that such reduction will result
in better design, improved protection of natural and scenic resources,
and will otherwise comply with this bylaw.
| |
|
(iv)
|
There shall be no minimum standards for internal
lot line setbacks within the senior village, unless required by the
Board in its issuance of a special permit based on specific findings
that there is need for greater physical separation of specific buildings
or uses.
| |
|
(v)
|
In a senior village residential subdivision,
each home site lot shall be a minimum of 6,000 square feet in area.
Construction within a senior village residential subdivision shall
comply with the Town of Franklin Subdivision Rules and Regulations.[2] Where the requirements of this section differ from or
conflict with the requirements in the Town of Franklin Subdivision
Rules and Regulations, in the opinion of the Board, the requirements
of this section shall prevail.
|
[1]
Editor's Note: The Schedule of Lot, Area, Frontage, Yard and Height Requirements is included at the end of this chapter.
(b)
Design and construction standards.
|
(i)
|
The landscape shall be preserved in its natural
state, insofar as practicable, by minimizing tree and soil removal.
Any grade changes shall be in keeping with the general appearance
of the neighboring developed areas. The orientation of individual
building sites shall be such as to maintain maximum natural topography
and cover. Topography, tree cover, and natural drainageways shall
be treated as fixed determinants of road and building configuration
rather than as malleable elements that can be changed to follow a
preferred development scheme.
| |
|
(ii)
|
Streets, parking areas, and building sites shall
be designed and located in such a manner as to maintain and preserve
natural topography, significant landmarks and natural systems, and
trees; to minimize cut and fill; and to preserve and enhance views
and vistas on or off the subject parcel(s).
| |
|
(iii)
|
The removal or disturbance of historic, traditional
or significant uses, structures, or architectural elements shall be
minimized insofar as practical, whether these exist on the site or
on adjacent properties.
| |
|
(iv)
|
The Board shall encourage the use of soft (nonstructural)
natural stormwater management techniques (such as vegetated swales,
constructed wetlands) and other drainage techniques that reduce impervious
surface and enable infiltration where appropriate. Low-impact development
practices as described in the National Low Impact Development Guidebook
shall be utilized to the greatest extent possible.
|
(c)
Parking standards.
|
(i)
|
Within the senior village, a maximum of two off-street parking spaces shall be permitted for each dwelling unit. The parking space(s) shall be provided on the same lot as the dwelling(s) or on a contiguous lot (within the senior village), provided that there are easements ensuring rights of access, use, and maintenance. The Board may, as a condition of granting a special permit for the senior village, require additional off-street parking areas be provided for use in common by dwelling unit owners, employees of the facility, and guests. Minimum parking requirements found in § 185-21B shall not apply to senior village proposals. No parking facility within a senior village shall contain more than 50 parking spaces. All off-street parking shall be sited to the side or rear of buildings and shall minimize visibility from public and private streets.
| |
|
(ii)
|
Parking areas shall be oriented for pedestrian
traffic through the use of raised crosswalks, usable landscaped islands,
benches, and abundant shade trees among other design attributes. Parking
facilities shall be adequately buffered and shaded using native vegetation.
Parking lots containing three or more spaces shall be planted with
at least two trees per three spaces, each tree being surrounded by
no less than 20 square feet of permeable, unpaved, landscaped area
and each tree providing shade to the parking area. Only trees providing
shade to the parking area shall be counted as meeting this requirement.
Shade trees shall be at least 2.5 inches in diameter at breast height
when planted. Species shall be selected from the list of approved
street trees as published by the Town of Franklin Tree Warden.
| |
|
(iii)
|
A minimum of one on-or-off-street parking space
shall be required for each 400 square feet of gross building area
occupied by a permitted accessory retail or restaurant use. The Board
may reduce this requirement if the nature and design of a particular
senior village indicates that parking demand will be lower due to
enhanced pedestrian access or a reduced reliance on motor vehicle
travel within the senior village. The required parking space(s) shall
be provided on the same lot as the permitted use or on a contiguous
lot (within the senior village), provided that there are easements
ensuring rights of access, use, and maintenance. The Board may, as
a condition of granting a special permit for the senior village, require
additional off-street parking areas to be provided for accessory uses
within the senior village.
|
(d)
Landscaping, shade trees and infrastructure.
|
(i)
|
All roadways and driveways serving more than
one dwelling shall be a maximum paved width of 22 feet. Sidewalks
or appropriate alternatives (on-street bike- or walkways) shall be
provided.
| |
|
(ii)
|
All roadways, driveways, and parking areas within
the senior village shall be maintained by the applicant, developer
of the senior village, its assigns, or owners or their agents in perpetuity.
Deed restrictions and/or covenants to this effect shall be presented
to the Board prior to the issuance of any building permits for the
senior village.
| |
|
(iii)
|
Landscape design shall give preference to the
maintenance of existing healthy trees and ground cover. Landscape
design shall give preference to indigenous species and shall enhance
the wildlife habitat value of the site. The development of large lawn
areas shall be minimized.
| |
|
(iv)
|
Street trees shall be planted on each side of
public and private ways. Street trees shall be at least 2.5 inches
in diameter at breast height when planted, and shall be spaced at
intervals no greater than 20 feet along both sides of the street(s).
Species shall be selected from the list of approved street trees as
published by the Town of Franklin Tree Warden.
| |
|
(v)
|
All utilities shall be underground.
| |
|
(vi)
|
No mobile homes or trailers shall be allowed
to be used as dwelling units in the senior village.
| |
|
(vii)
|
Solid waste storage, air conditioners, loading
areas and the like shall be shielded from view by walls, dense vegetation,
or fences.
| |
|
(viii)
|
All solid waste removal, snow plowing, and other
maintenance within the senior village shall be the responsibility
of the residents, owners or their agents in perpetuity, and they shall
bear all expenses related hereto. Deed restrictions and/or covenants
to this effect shall be presented to the Board prior to the issuance
of any building permits for the senior village.
|
G.
Review criteria and compliance.
(1)
Planning Board findings for senior village special permit. In addition to applying the general special permit criteria as set forth in § 185-45E(3), the Board shall review the senior village special permit application in accordance with the following criterion:
(a)
That the senior village is designed in a comprehensive,
landscape sensitive manner, according to the process outlined in the
conceptual plan.
(b)
That the senior village is consistent with all
senior village open space standards, senior village development standards,
affordable unit restrictions, and all applicable standards and requirements
set forth in this bylaw.
(c)
That the proposed senior village will, by its
design and layout, succeed in (a) preserving open space for conservation
and/or recreation purposes, and providing appropriate public access
to the open space; (b) protecting natural and cultural features of
the site which are important to the character and health of the Town;
and (c) creating a true village setting with a pedestrian orientation
and character consistent with the historic development patterns of
the Town of Franklin.
(2)
Compliance.
(a)
Permit conditions.
|
(i)
|
Depending on the nature of the particular senior
village and its uses, the Board may, as a condition of any special
permit for a senior village, require that the land area on which the
senior village is located be permanently maintained as one undivided
lot and that, from and after the date of the issuance of the building
permit for said senior village or any portion thereof, no subdivision
of said lot shall be allowed without the express approval of the Board.
However, the recording of a condominium master deed and the conveyance
of condominium units within the area covered by said deed shall be
allowed.
| |
|
(ii)
|
No special permit shall be issued without appropriate
restrictions to ensure that the provisions of this section are made
binding upon the applicant and his successors and heirs.
| |
|
(iii)
|
No special permit shall be issued without the
Franklin Housing Authority being authorized as the agency responsible
for monitoring the affordable housing component of the proposal.
|
(b)
Occupancy conditions.
|
(i)
|
No certificate of occupancy, temporary or permanent,
shall be issued for any unit in a senior village until all deed restrictions,
covenants, easements, transactions, and/or other documents necessary
to ensure compliance by the applicant with the requirements of this
section have been submitted and executed.
|
[Added 6-5-2013 by Bylaw Amendment 13-712; amended 2-15-2017 by Bylaw Amendment
17-783]
1.
Purpose and Intent.
a.
This section is adopted with the purpose and intent of establishing
zoning to allow the use of medical marijuana treatment centers, medical
marijuana testing facilities, and non-medical marijuana facilities
in the Town of Franklin.
2.
Applicability. This § 185-49 applies to the following:
a.
All medical marijuana uses as defined in the Session Laws of the Commonwealth of Massachusetts Chapter 369 of the Acts of 2012 and medical marijuana testing facilities as regulated within this section and defined in § 185-3.
i.
No action taken under the enforcement powers of this chapter shall
be in contradiction to the provisions of Chapter 369 of the Acts of
2012 as adopted or amended.
b.
All non-medical marijuana establishments.
3.
Establishment of the Marijuana Use Overlay District and relationship
to underlying districts.
a.
The Marijuana Use Overlay District is established as a district which
overlays the underlying districts, so that any parcel of land underlying
in the Marijuana Use Overlay District shall also lie in one or more
of the other zoning districts in which it was previously classified,
as provided for in this Zoning Bylaw.
4.
5.
Location.
a.
The Marijuana Use Overlay District consists of those parcels of land
zoned industrial that are located south or west of the sideline of
Interstate 495; and which are not within 500 feet of a public or private
school, and not within 200 feet of a residential zoning district,
library, church, child-care facility, park, and playground. The 500
feet and 200 feet distances shall be measured from all property lines
of the proposed use; state forest land shall not be considered when
determining the proximity of a parcel to a residential zoning district.
[Added 10-16-2013 by Bylaw Amendment 13-722]
1.
Purpose. To allow for planned residential developments.
2.
Special permit, for multiple, single-family.
A.
General requirements.
(1)
Special permits. Multiple, single-family dwelling units may be authorized by special permit from the Planning Board in the Residential VII Zoning District, but only in accordance with the requirements as set out in § 185-45, Administration and enforcement, and if in accordance with the following requirements of this section, and as long as all other applicable requirements of Chapter 185 are met.
B.
Other requirements.
(1)
Mitigation. Design and construction shall reduce, to the extent
reasonably possible, the following:
(a)
The volume of cut and fill.
(b)
The number of trees removed.
(c)
The extent of waterways altered or relocated.
(d)
The visual prominence of man-made elements not necessary for
safety or orientation.
(e)
The removal of existing stone walls.
(f)
The visibility of building sites from existing streets.
(g)
The alteration of groundwater or surface water elevations.
(h)
The disturbances of important wildlife habitats, outstanding
botanical features and scenic or historic environs.
(i)
The soil loss or instability during and after construction.
C.
Building design and placement.
(1)
Minimum lot size. Multiple, single-family developments shall
be constructed on a parcel of land totaling at least five acres of
upland.
(2)
Density. The maximum number of dwelling units permitted shall
not exceed four units per acre of upland.
(3)
There shall be at least 20 feet between buildings, or space
between buildings may be reduced by 50% if all adjacent buildings
are fire-sprinkled. In all other respects, the requirements of the
Schedule of Lot, Area, Frontage, Yard and Height Requirements must
be met.
(4)
If no public water supply is available, dwelling units must
be fire-sprinkled.
D.
Roadways.
(1)
Roadways construction. All the work and the materials used shall
conform to the requirements of the MassDOT's "Standard Specifications
for Highways and Bridges," including the most recent Supplemental
Specifications.
(a)
All roadways shall be designed so that, in the opinion of the
Planning Board, they will provide safe vehicular and pedestrian travel.
(b)
Width requirements.
i
Roadways and alleys shall be 24 feet in width, of which a minimum
of 20 feet shall be paved; the balance shall consist of a continuous
shoulder with no obstructions, constructed, in the opinion of the
Fire Chief, to be capable of supporting and providing supplemental
access for heavy emergency vehicles.
(2)
Dead-end streets.
(a)
Dead-end streets shall be no longer than 600 feet measured from
the sideline of the closest, connecting street.
(b)
Dead-end streets shall be provided, if a closed end, with a
turnaround having a pavement radius of 45 feet.
(c)
Approval. Approval of dead-end streets may be contingent upon
provision of easements and necessary facilities to allow continuity
of utility and drainage systems. Water mains shall normally be looped.
(3)
Other roadway requirements.
(a)
Streets. Streets indicated on the plan that are not fully constructed
to provide through traffic shall provide for paved temporary turnarounds
suitable for snowplowing purposes, to be approved by the Planning
Board, before any houses on such streets shall be occupied.
E.
Other improvements.
(1)
Sidewalks. Location. Sidewalks are required on one side of the
road to adequately service pedestrian traffic.
(2)
Sidewalks shall be at least five feet wide and shall extend
to the paved roadway at intersections to provide convenient walk-off
crossings. Sidewalks shall be ramped for handicapped to access the
gutter with no curb. Handicap ramps shall be shown on the plan and
shall be constructed in accordance with the latest Rules and Regulations
of the Architectural Access Board.
F.
Utilities.
(1)
Wiring. Electrical, telephone and television community cable
conduits shall be placed underground. Size and materials of these
conduits and lateral spacing between conduits shall meet the requirements
of the respective utility company. The utilities shall not be located
under either paved areas of roadways or the sidewalks.
(a)
Ownership and maintenance of utilities shall remain private.
(2)
Water and sewer. Water and sewer services shall be constructed
in compliance with Department of Public Works Standards.
(a)
The water and sewer system shall remain private; however, DPW
personnel shall have access as necessary to maintain the public systems.
(b)
The Town of Franklin, its agents and servants shall have the
right but not the obligation at all times to enter an approved development
for the purposes of inspecting, maintaining and/or making emergency
repairs including, but not limited to, private water, private sewer
and/or private drainage systems. In such event, the private property
owners shall be liable, jointly and severally, for the payment of
all expenses incurred by the Town in connection therewith, and unpaid
expenses shall constitute a lien on their property.
G.
Homeowners' association.
(1)
A homeowners' association shall be established to provide maintenance
of all roadways, related infrastructure and utilities.
(2)
Legal documents creating such homeowners' association shall
be submitted to the Town for review and shall be determined to be
acceptable prior to plans being endorsed by the Planning Board.
[Added 5-3-2023 by Bylaw Amendment 23-890]
A.
Purpose and intent. The purpose of this bylaw is to encourage the development of new multifamily housing that is affordable for rent or purchase to both low- and moderate-income households. It is intended that the affordable housing units required by this bylaw consist of at least 10% inclusionary units as defined below in Subsection B.
B.
ELIGIBLE HOUSEHOLD
INCLUSIONARY UNITS
Definitions.
An individual or household whose annual income is less than
80% of the areawide median income as determined by HUD, adjusted for
household size, with income computed using HUD's rules for attribution
of income to assets.
Housing units which the Planning Board finds are affordable
for rent or purchase by eligible individuals or households making
less than 80% of the areawide median household income as calculated
by the United States Department of Housing and Urban Development (HUD)
with adjustments for family size, provided there are deed restrictions.
Such units will be Local Initiative Program, Local Action Units, in
compliance with the requirements for the same as specified by the
Commonwealth's Department of Housing and Community Development
(DHCD).
C.
Applicability. In all zoning districts, the inclusionary zoning provisions
of this section shall apply to the following uses:
(1)
Any project that results in a net increase of 10 or more multifamily
dwelling units, whether by new construction or by the alteration,
expansion, reconstruction, or change of existing residential or nonresidential
space.
(2)
Any life care facility or any elderly persons and/or handicapped
persons housing development with 10 or more dwelling units.
D.
Permit process. The development of any multifamily housing project set forth in Subsection C above shall be permitted either by right, or through a special permit process. Please refer to 185 Attachment 7, Use Regulation Schedule Part VI, Residential uses.
E.
Special permit process. The development of any project that requires a special permit set forth in Subsection C above requires the grant of a special permit from the Planning Board as the designated special permit granting authority (SPGA).
F.
Provision of inclusionary units. As a condition of approval for a
permit for multifamily housing, the applicant shall contribute to
the local stock of affordable units in accordance with the following
requirements:
(1)
Ten percent of units shall be offered as inclusionary units.
(2)
Units in a multiple-unit development subject to this bylaw shall
be established as inclusionary units in any one or combination of
methods provided for below:
(a)
Constructed or rehabilitated on the locus subject to a multifamily housing permit (see Subsection G);
(b)
Constructed or rehabilitated on a locus different than the one subject to the multifamily housing permit (see Subsection H);
(c)
An applicant may offer, and the Town may accept, donations of
land in fee simple, on- or off-site, that the Town determines are
suitable for the construction of affordable housing units. The value
of donated land shall be equal to or greater than the value of the
construction of the inclusionary units. The Town may require, prior
to accepting land as satisfaction of the requirements of this bylaw,
that the applicant submit appraisals of the land in question, as well
as other data relevant to the determination of equivalent value.
(5)
All inclusionary units shall be subject to an affordable housing restriction and a regulatory agreement in a form acceptable to the Town's Attorney and the Municipal Affordable Housing Trust. The regulatory agreement shall be consistent with any applicable guidelines issued by the Department of Housing and Community Development and shall ensure that affordable units can be counted toward the Town of Franklin's Subsidized Housing Inventory. The regulatory agreement shall also address all applicable restrictions listed in Subsections G and H below. The multifamily housing permit shall not take effect until the restriction, the regulatory agreement, and the special permit, if applicable, are recorded at the Registry of Deeds and a copy provided to the Planning Board, the Inspector of Buildings, and the Municipal Affordable Housing Trust.
G.
Provisions applicable to inclusionary units on-site.
(1)
Siting of inclusionary units. All inclusionary units constructed
or rehabilitated under this bylaw shall be situated within the development
so as not to be in less desirable locations than market-rate units
in the development, and shall, on average, be no less accessible to
public amenities, such as open space, as the market-rate units.
(2)
Minimum design and construction standards for Inclusionary Units.
Inclusionary housing units shall be integrated with the rest of the
development and shall be compatible in design, appearance, construction,
and quality of materials with other units. Interior features and mechanical
systems of affordable units shall conform to the same specifications
as apply to market-rate units.
(3)
Timing of construction or provision of Inclusionary Units. Where
feasible, inclusionary units shall be provided coincident to the development
of market-rate units, but in no event shall the development of inclusionary
units be delayed beyond the schedule noted below:
|
Market-rate Units
(% Complete)
|
Inclusionary Units
(% Required)
|
|---|---|
|
<30%
|
-
|
|
30% Plus 1 Unit
|
10%
|
|
Up to 50%
|
30%
|
|
Up to 75%
|
50%
|
|
75% Plus 1 Unit
|
70%
|
|
Up to 90%
|
100%
|
|
Fractions of units shall not be counted
| |
(4)
Marketing plan for inclusionary units. Applicants under this bylaw
shall submit a marketing plan or other method approved by the Town,
through its local Comprehensive Plan, to the Planning Board for its
approval, which describes how the inclusionary units will be marketed
to potential home buyers or tenants. This plan shall include a description
of the lottery or other process to be used for selecting buyers or
tenants.
H.
Provision of inclusionary housing units off-site.
(1)
As an alternative to the requirements of Subsection G above, an applicant subject to the bylaw may develop, construct or otherwise provide inclusionary units equivalent to those required by Subsection F off-site. All requirements of this bylaw that apply to on-site provision of inclusionary units, shall apply to provision of off-site inclusionary units. In addition, the location of the off-site units to be provided shall be approved by the Planning Board as an integral element of the multifamily housing permit review and approval process.
I.
Maximum incomes and selling prices: initial sale.
(1)
To ensure that only eligible households purchase inclusionary units,
the purchaser of an inclusionary unit shall be required to submit
copies of the last three years' federal and state income tax
returns and certify, in writing and prior to transfer of title, to
the developer of the housing units or his/her agent, and within 30
days following transfer of title, to the Municipal Affordable Housing
Trust, that his/her or their family's annual income level does
not exceed the maximum level as established according to the data
available from the HUD and DHCD, and as may be revised from time to
time.
(2)
The maximum housing cost for inclusionary units created under this
bylaw is as established by the Commonwealth's Department of Housing
and Community Development Local Initiative Program, or as revised
by the Town.
J.
Preservation of inclusionary units; restrictions on resale.
(1)
Each inclusionary unit created in accordance with this bylaw shall have limitations governing its resale through the use of a regulatory agreement set forth in Subsection F(5). The purpose of these limitations is to preserve the long-term affordability of the inclusionary units and to ensure its continued availability for low-income households. The resale controls shall be established through a restriction on the property and shall be in force in perpetuity.
(a)
Resale price. Sales beyond the initial sale to a qualified affordable income purchaser shall be determined by maximum resale price as defined by DHCD or the Town. The resale price multiplier shall be recorded as part of the restriction on the property noted in Subsection J(1) above.
(b)
Right of first refusal to purchase. The purchaser of an inclusionary
unit developed as a result of this bylaw shall agree to execute a
deed rider prepared by the Town, consistent with model riders prepared
by DHCD, granting, among other things, the municipality's right
of first refusal to purchase the property in the event that a subsequent
qualified purchaser cannot be located.
(c)
As a condition for a multifamily housing permit under this bylaw, the applicant will comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of the deed rider noted in Subsection J(1)(b) above. The Building Commissioner/Zoning Enforcement Officer shall not issue an occupancy permit for any inclusionary unit until the deed restriction is recorded.
K.
Conflict with other bylaws. The provisions of this bylaw shall be
considered supplemental of existing zoning bylaws. To the extent that
a conflict exists between this bylaw and others, the more restrictive
bylaw, or provisions therein, shall apply.
L.
Severability. If any provision of this bylaw is held invalid by a
court of competent jurisdiction, the remainder of the bylaw shall
not be affected thereby. The invalidity of any section or sections
or parts of any section or sections of this bylaw shall not affect
the validity of the remainder of the Town of Franklin's Zoning
Bylaw.
