The purpose of the Hartford Avenue Adaptive Use Overlay District
(AUOD) is to promote economic development while maintaining community
character by streamlining the permitting process for conversion of
existing buildings within the AUOD District to one commercial or mixed
one commercial and one-family residential use while maintaining the
architectural integrity of the buildings and preserving the character
of the neighborhood. The specific purposes of the AUOD are:
A.
To provide
for limited business uses within certain portions of residential districts
subject to standards designed to preserve community character.
B.
To encourage
the reuse of residential buildings by providing economic uses for
buildings that may no longer function well as single-family residences.
C.
To implement
certain goals of the Master Plan, including encouraging economic development,
protecting small town character, and updating zoning to maintain consistency.
D.
To provide
compatible use opportunity in residential areas in which the residential
component has been overshadowed or impacted by adjacent nonresidential
uses.
A.
Location.
The AUOD is hereby established as an overlay district. AUOD is superimposed
on that portion of the Residential District along the north side of
Hartford Avenue heading west between Route 495 and Farm Street and
is more particularly identified on a plan entitled "Hartford Avenue
Adaptive Use Overlay District," dated July 9, 2013, incorporated by
reference in the Zoning Bylaw and on file with the Town Clerk and
Building Inspector.
B.
Rules
and regulations. The Planning Board may develop Hartford Avenue AUOD
Rules and Regulations which shall more fully define the application
requirements and design guidelines, identify supporting information
needed, and establish reasonable application, review and inspection
fees, and construction protocols.
A.
Uses
allowed as of right. All uses allowed as of right in the underlying
Residential District shall remain as of right within the Hartford
Avenue AUOD. Similarly, uses presently allowed in the underlying Residential
District shall continue to be allowed by special permit in the AUOD.
B.
Uses
allowed by special permit in the AUOD.
(1)
In
approving an adaptive use special permit under the provisions of M.G.L.
ch. 40A, § 9 and these Zoning Bylaws, the Planning Board
may provide for the following uses:
(a)
Offices for business or professional uses, including, but not limited
to, accountants, architects, attorneys, counselors, engineers, insurance
agents, planners, real estate sales, and similar uses.
(b)
Medical offices, including, but not limited to, acupuncture, chiropractors,
massage therapy, and similar uses.
(c)
Small electronic repair, such as home computers.
(d)
Studios for artists, photographers, interior decorators, and similar
design-related uses.
(e)
Retail sales for handcrafted merchandise and original arts and crafts.
(f)
Personal care services such as barber shops, beauty parlors and nail
salons.
(2)
The
adaptive use special permit shall expressly indicate which of the
above-allowed uses is specifically permitted and may impose conditions,
safeguards and limitations on the permitted use(s). Changes in allowed
uses shall require a new special permit.
C.
Prohibited
uses. The following uses shall be prohibited in the AUOD:
(1)
Motor
vehicle sales, repair, or sales of parts; gas stations.
(2)
Manufacturing
or industrial uses of any kind.
(3)
Drive-through
windows of any kind.
(4)
Exterior
storage of equipment or materials.
(5)
Food
services, including, but not limited to, bakeries, cafes, coffee shops,
delicatessens, frozen dessert shops, pastry shops, sandwich shops,
convenience stores, pizza parlors and other fast-food-type restaurants.
(6)
Repair
shops for large equipment, appliances or tools and/or the fabrication
or repair of machinery.
(7)
General
retail of any kind not specified above.
(8)
Non-single
practitioner medical/dental offices.
The following site development standards shall apply to all
Hartford Avenue AUOD developments and shall be reviewed during any
special permit proceeding:
A.
Each
lot subject to the adaptive use special permit shall have a building
or buildings located on it that was constructed prior to October 9,
2013.
B.
Each
adaptive use project must utilize the existing structures but may
include restoration, renovation or improvement of the primary existing
building to maintain, restore or enhance its original architectural
integrity. Construction of an addition to an existing building on
the premises may be permitted, provided that it is designed to be
compatible with the overall residential character of the adjacent
neighborhood and the AUOD.
C.
The alteration
of, addition to, and/or conversion of an existing building to one
residential dwelling unit and one business use listed above may be
permitted by special permit, provided that the appearance of the building
is characteristic of a single-family dwelling and that the residential
unit is occupied by the business owner.
D.
Whenever
possible, all parking should be limited to the existing driveway,
and the applicant shall be required to demonstrate adequate parking
for all uses (residential and commercial) with at least one parking
space for a residential use. No on-street parking shall be allowed.
Parking areas shall be screened from the public way and abutting properties
by structures such as fencing and/or landscaping. Adequate provisions
for on-site retention and treatment of stormwater shall be included.
E.
Lighting
shall be of a residential scale, architecturally compatible with the
building, and shall be designed to ensure that no glare is produced
on abutting properties or the public way.
F.
Signage
shall include no more than one freestanding sign with a maximum height
of four feet and total maximum sign surface area not to exceed 12
square feet. Signs shall be externally illuminated with no spillover
onto adjacent properties. Signage placement shall be reviewed by the
Safety Officer so as to maintain adequate visual access for vehicles
entering and exiting the property.
G.
Curb
cuts on Route 126 are subject to approval of the state. New curb cuts
on Hartford Avenue are subject to recommendations of the Safety Officer
and will require a Bellingham street opening permit from the DPW.
The division of state and local roads is shown on the plan.
H.
All developments
shall include a landscape plan that maintains or enhances the residential
character of the property. The landscape plan shall also provide,
at the discretion of the Planning Board, a buffer zone (including
one or more shrubs, trees, grass and fencing) appropriate for the
proposed use along any property boundaries with an adjacent residential
use, as well as screening for parking, loading and refuse storage
facilities.
A.
Projects that are granted an adaptive use special permit shall be exempt from development plan approval as required in § 240-16 of this Zoning Bylaw. However, only the specific uses and improvements for which an adaptive use special permit is granted shall be exempt from site plan approval.
B.
Applications
for adaptive use special permits shall be made to the Planning Board
on forms provided for that purpose, accompanied by the required fee.
Copies of the completed application shall be distributed according
to Form K. A complete application shall include the following items:
(1)
Special
permit application form.
(2)
Certified
abutters list.
(3)
Locus
plan showing existing buildings, structures, freestanding signs, driveways
and walkways on abutting properties.
(4)
Plan(s)
of the property that includes the following existing and proposed
site features: buildings with additions, structures, driveways, and
parking spaces.
(5)
Design
features of the building(s) and structures, including, as appropriate,
elevations, materials, colors, etc.
(6)
Signage,
lighting, landscaping and fencing details.
(7)
A
narrative statement discussing how the proposed project complies with
the purposes and requirements of the Hartford Avenue adaptive use
special permit. The narrative should also describe in detail the proposed
use, hours of operation, number of employees, and the estimated number
of clients/customers per hour, especially during the peak a.m. and
p.m. traffic hours.
(8)
Form
K for distribution.
(9)
Stormwater
management calculations and plans, as may be applicable, conforming
to accepted standards, policy, regulations and best management practices.
(10)
Any other information determined to be needed for review.
In considering an application for an adaptive use special permit,
the Planning Board shall make the following findings:
A.
The proposed
use is contemplated under the provisions of this bylaw.
B.
The site
is adequate for the proposed use in terms of size, configuration,
and use of abutting properties.
C.
The proposed
use will cause minimal adverse impacts to abutting properties and
will provide mitigation of any impacts.
D.
Provisions
for traffic and parking are adequate for the proposed use.
E.
The proposal
maintains or enhances the aesthetic appeal of the primary building
and its site.
F.
The impact
on neighborhood visual character, including views and vistas, is positive.
G.
The provisions
for utilities, including sewage disposal, water supply and stormwater
management, are adequate.
H.
The proposed
project complies with the goals of the Master Plan and the purposes
of this article of the Zoning Bylaw.
