2311.
Permitted residential uses:
a.
Residence for a single family.
b.
Permanent off-premises freestanding signs in accordance with Chapter 221, Signs, pertaining to facilities located in Business District D, but only if located in the northwest quadrant abutting the intersection of South Main Street and Old Post Road and within 160 feet of the intersection of the centerlines of South Main Street and Old Post Road.
c.
In Housing Authority Districts only, single- or multiple-residence
housing complete with auxiliary buildings constructed and operated
by or for a housing authority organized under MGL c. 121B and subject
to the following conditions:
2312.
Permitted community service uses:
2313.
Other permitted principal uses:
a.
Agriculture, horticulture or floriculture, including the sale of
products raised on the premises only; market gardens; nurseries; greenhouses.
b.
Earth removal as provided by Chapter 141 of the General Bylaws, Sharon, Massachusetts, Earth Removal.
c.
In the Rural 2 District only, indoor/outdoor recreation facilities
on land owned by a municipal body, other than land under the control
of the Sharon Conservation Commission; provided, however, such use
is permitted only on a parcel consisting of two or more acres and
which parcel is adjacent to existing municipal recreation or park
uses. Parcels separated by a road shall be considered adjacent for
purposes of this Subsection c.
d.
In all residential districts under this Subsection 2310, commercial
solar energy systems on land owned by the Town of Sharon, other than
land under the control of the Sharon Conservation Commission; provided,
however, such use is permitted only on a parcel consisting of two
or more acres. Parcels separated by a road shall be considered adjacent
for purposes of this Subsection d. Solar energy systems permitted
under this subsection shall be exempt from lot coverage, natural vegetation
and impervious surface requirements as defined in Section 2400 and
Section 4500 of this bylaw.
[Added 5-7-2018 ATM by
Art. 20]
2314.
Permitted accessory uses:
a.
Such accessory purposes as are customarily incident to the foregoing
purposes and are not injurious to a neighborhood as a place of residence.
However, such accessory purposes shall not include any organized business,
industry, trade, manufacturing or commercial enterprise, nor the stabling
or keeping of horses other than for the private use of the owners
or residents of the premises.
b.
Private garage with provision for not more than three motor vehicles.
c.
Except within the Water Resource Protection District, customary home
occupation and the sale of the products thereof, including such occupations
as dressmaking, millinery, crafts, art work, and the taking as lodgers
or boarders of not more than five persons not members of the family
residing therein, provided for any of the above that no nonresidents
(other than domestic help) are employed on the premises.
d.
Except within the Water Resources Protection District, the office
of a doctor, dentist, lawyer, or other professional person, or of
a real estate or insurance agent; the studio of an artist, musician,
photographer, or teacher of art, music or photography; provided for
any of the above that no nonresidents (other than domestic help) are
employed on the premises.
2315.
Uses allowed on special permit (from the Board of Appeals except
as indicated).
a.
Residential uses:
(1)
Conversion to create one or more dwelling units, as specified
at Subsection 4210.
(2)
In Single Residence, Suburban and Rural Districts, municipal
building conversion as specified at Subsection 4220 if authorized
by the Select Board.
(3)
Flexible development under Section 4300, including (in Suburban
Districts only) multifamily developments.
(4)
Nursing homes.
b.
Community service uses:
c.
Other principal uses:
(1)
Animal or veterinary hospitals, kennels or similar provision
for breeding dogs in a greater number than three, provided all structures
used for housing animals are located 200 feet from any lot line.
(2)
Public stable; private garage with provisions for more than
three motor vehicles or group garage.
(3)
Club, except a club which carries on a business or is in the
nature of a business.
(4)
Natural gas custody transfer facilities or gate stations as
provided in Section 4700.
d.
Accessory uses:
(1)
Scientific use accessory to activities permitted as a matter
of right, which activities are necessary in connection with scientific
research or scientific development or related production, provided
that the Board finds that the proposed accessory use does not substantially
derogate from the public good.
(2)
The shop of a carpenter, electrician, machinist, paperhanger,
plumber, photographer or similar artisan, resident on the premises,
and provided the building of said shop is not closer than 50 feet
to the line of the way and not closer than 20 feet to any property
line.
(3)
An office, studio, or home occupation as described at Subsection
2314 having up to three subordinate nonresident positions accommodated
on the premises.
(4)
In the Water Resource Protection District, home offices and
occupations allowed or allowed on special permit in General Residence,
Single Residence, Suburban, Rural and Housing Authority Districts,
provided that the dwelling plus the office or business will not produce
an estimated volume of sanitary sewage exceeding 4.5 gallons per 1,000
square feet of lot area per day, as estimated under the provisions
of 310 CMR 15:00, Title V of the State Environmental Code.
(5)
Activities similar to those permitted under Subsection 2314
but not specifically included there.
(6)
In General Residence and Single Residence Districts, off-street
parking spaces accessory to Professional District uses on special
permit as provided for in Subsection 3112.
2316.
Restrictions. All uses allowed under Subsections 2314 and 2315
are subject to the following restrictions:
a.
The business or profession must be owned and operated by a person
residing on the premises.
b.
The business or profession shall occupy no more than 25% of the habitable
floor area of the dwelling combined with the habitable floor area
of any accessory building used in the business or profession.
c.
Off-street parking requirements of Section 3100 must be met. However,
no accessory business shall be allowed which would require more than
four parking spaces. Parking areas shall be separated from public
ways and adjoining lots by screening as described at Subsection 3117.
d.
There shall be no building alteration resulting in a nonresidential
character, or visible parking of commercial vehicles.
e.
No parking and no impervious surfaces other than walks and driveways
shall be located within a required front yard setback.
f.
There shall be no sale of articles produced elsewhere than on the
premises.
g.
There shall be no evidence of the business or profession discernible
off the premises through persistent or excessive sound, or through
glare, vibration, heat, humidity, smell, smoke, dust or other particulates,
exterior storage or display, or other discernible effects.
2321.
Permitted residential uses:
2322.
Permitted community service uses:
a.
Municipal building, religious or educational uses, nonprofit civic
or religious service organizations; post office; telephone exchange,
provided that there is no service yard or garage.
b.
Religious or educational purposes on land owned or leased by a public
body, religious sect or denomination, or nonprofit educational corporation
in accordance with subjects which zoning may not regulate in accordance
with MGL c. 40A, § 3.
2323.
Permitted commercial uses. The following uses are permitted
subject to the building floor area limitations, parking space thresholds,
and performance criteria set forth herein. The uses enumerated hereinafter
are permitted, provided that (1) the total of all buildings on a lot
does not exceed 60,000 square feet of gross floor area in Business
Districts B and C, 5,000 square feet of gross floor area in Business
District A, and the building floor area limits established for Business
District D, (2) the total number of required (prior to any reductions
under Subsection 3111) off-street parking spaces does not exceed 150
in Business Districts B and C and 20 spaces in Business District A,
and (3) uses in Business District D comply with the requirements of
Subsections 2327, 2328, and 2329. For the purposes of this section,
all contiguous separate lots or buildings in Business District A,
if under single ownership, shall be considered as one lot or building.
a.
Business or professional office; bank; medical or dental clinic for
outpatients.
b.
Retail stores.
c.
Business services related to the type of business permitted in this
district, such as duplication services, newspaper printing, medical
or dental laboratories.
d.
In Business District B only, workshops of the following: carpenters,
plumbers, or similar artisans primarily working on fixed household
installations or cars.
e.
In Business Districts A, B and C, other craftsmen's shops for the
fabrication, alteration or maintenance of hand-portable goods and
household furnishings, such as cabinet makers, upholsterers, etc.,
to be delivered on the premises, and further provided as follows:
f.
In Business Districts A and C only, artist's studio or art gallery.
g.
Places for the preparation and serving of food, provided all customers
on the premises are seated at tables or counters.
h.
Preparation and retail sale on the premises of food to be consumed
off the premises.
i.
Personal
services, such as day care, barber, beauty shop, health or fitness
club, photographer, shoe repair, and tailor.
j.
In Business District A and Business District B only, cleaners, laundries,
laundromats, including processing on the premises, provided all such
work is done directly for the consumer visiting those premises.
k.
In Business District D, the following:
[Amended 11-6-2017 STM by Art.
2]
(1)
Multiple freestanding buildings on a single lot accommodating
multiple principal uses permitted under Subsections 2322, 2323, 2325,
and 2326, provided that they comply with the objectives and requirements
of Business District D as set forth in Subsection 2327 and with the
limitations of Subsection 2466.
(2)
Medical or dental offices; financial institutions such as banks,
savings institutions, credit unions, and credit institutions; and
real estate, insurance, investing, or securities firms.
(3)
Business services, whether or not related to the type of business
permitted in the district, such as office cleaning, packaging, shipping,
and similar business services.
(4)
Personal services, such as hair salon and similar personal services.
(5)
Theater and multiscreen movie complex.
(6)
Hotel.
(7)
Warehouse stores.
(8)
Club and membership stores.
(9)
Facilities licensed by the Massachusetts Executive Office of
Education or successor agency if applicable, including day care or
child care facilities complying with "Large Group and School Age Child
Care Program" licensing requirements and including facilities complying
with "Center and School Based Early Education and Care Program" or
"After School and Out of School Time Program" licensing requirements.
(10)
Stores serving as drop-off and pick-up locations for cleaning
and laundry services, excluding laundromats and any on-site processing.
(11)
Illumination of parking areas pursuant to Subsection 2328.
2324.
Other permitted principal uses.
[Amended 11-6-2017 STM
by Art. 2]
a.
Agriculture, horticulture or floriculture on parcels of more than
five acres.
b.
In Business District D, residences in residential or mixed use buildings
subject to the provision of affordable housing in accordance with
the following:
(1)
The purpose of this requirement is to make housing available
that is affordable to low- and moderate-income households. At minimum,
affordable housing provided shall be in compliance with the requirements
set forth in MGL c. 40B, § 20-24. The units of affordable
housing provided shall be considered as local initiative units, in
compliance with the requirements of the Massachusetts Department of
Housing and Community Development (DHCD).
(2)
AFFORDABLE HOUSING
Definition applicable to Business District D:
Housing that is affordable to and occupied by eligible households.
The unit must be approvable to be added to the subsidized housing
inventory (SHI) pursuant to MGL c. 40B. Units must be approved through
the local action unit (LAU) program of the Massachusetts Department
of Housing and Community Development.
(3)
All units provided to satisfy this requirement must be eligible
for inclusion in the Massachusetts Department of Housing and Community
Development's Subsidized Housing Inventory (SHI), and their long-term
eligibility must be protected through a deed rider which shall be
in force for the maximum period allowed by law but not less than 99
years. Affordable housing may be ownership units or rental units and
may be provided on site or off site; however, providing units on site
is preferred. If units are provided off site, the Zoning Board of
Appeals shall determine the comparability of the off-site units in
terms of design, location, and access to Town services and amenities
as part of major site plan review. The minimum number of units of
affordable housing provided shall be 12 1/2% of the total number
of on-site dwelling units with any fractional unit deemed to constitute
a whole unit. The number of units of affordable housing as provided
herein may not be waived.
(4)
Certificates of occupancy for market rate units shall not be
issued until certificates of occupancy have been issued and deed restrictions
recorded in the Registry of Deeds or the Land Court for the units
of affordable housing in accordance with the following schedule:
|
Market Rate Housing Units Percent Complete
|
Affordable Housing Units Percent Complete
|
|---|---|
|
Less than 15
|
None required
|
|
15
|
15
|
|
30
|
32
|
|
45
|
49
|
|
60
|
66
|
|
75
|
83
|
|
90
|
100
|
(5)
A housing marketing and resident selection plan is required
which includes an affirmative fair housing marketing program, including
public notice and a fair resident selection process, and a requirement
that 70% of the units of affordable housing shall be set aside for
applicants that claim a local preference. Local preference applies
to an applicant who has a principal residence or a place of employment
in the Town of Sharon at the time of application.
c.
Business District D development.
2325.
Permitted accessory uses: such accessory purposes as are customarily
incident and subordinate to the foregoing purposes, but not including:
a.
In Business Districts A, B, and C, outdoor storage or display of
parts, materials or inventory.
b.
Enclosed storage of parts, materials or inventory in excess of the
amounts reasonably required for work to be done on the premises or
goods to be delivered on the premises.
c.
Drive-through services serving the customer while seated in a car,
except for drive-through services authorized by special permit in
Subsection 2326 below.
[Amended 11-6-2017 STM
by Art. 2]
d.
Vending machines, unless placed within a building or a parking lot.
2326.
Uses and accessory uses allowed by special permit from the Board
of Appeals:
[Amended 11-6-2017 STM
by Art. 2]
a.
Buildings with gross floor area exceeding 60,000 square feet in Business
Districts B and C, exceeding 135,000 square feet in Business District
D, and exceeding 5,000 square feet in Business District A.
b.
Parking facilities exceeding 150 parking spaces in Business Districts
B and C and 20 parking spaces in Business District A.
c.
In Business Districts A, B, and C, theater, hall or other place of
indoor or outdoor amusement.
d.
Clubs operated as a business.
e.
In Business Districts B and C, apartments over nonresidential establishments
as provided in Subsection 4230.
f.
In Business District A, multiple residence buildings containing three
or more dwelling units used either exclusively for residential uses
or containing a mix of permitted residential and nonresidential uses
as provided in Subsection 4240.
g.
Drive-through services serving the customer while seated in a car
for banks within Business District B.
h.
In Business Districts B, C and D, accessory scientific use, provided
that the Board of Appeals finds that the proposed accessory use does
not substantially derogate from the public good.
i.
In Business Districts B and D, funeral parlors.
j.
Religious or educational purposes other than those specified by Subsection
2322.
k.
In Business District B only, the following:
(1)
Gasoline service station; automobile display room.
(2)
Outdoor storage and display of goods for sale, whether as a
principal or accessory use, but not including secondhand goods or
parts, nor bulk goods such as lumber or gravel, provided all outdoor
storage and display is screened from side and rear lot lines in the
manner described in Subsection 3117.
(3)
Storage buildings for goods to be repaired or sold at retail
directly to the consumer or temporarily stored for the consumer.
l.
In Business District D only, the following:
(1)
Amusement and recreation uses, excluding each of the following:
adult use as defined in Subsection 4120; racing and racetrack use;
permanent circus, carnival, and fair use; and casino, bingo, bookie,
betting, and gaming use (provided, however, that lottery ticket sales
as a component of retail use shall not be considered as gaming use).
In computing floor area, floor area ratio, and building coverage limits,
places of outdoor amusement shall be considered as having a floor
area of 100 square feet for every 200 square feet of land in outdoor
amusement use.
(2)
Drive-through services serving the customer while seated in
a car for restaurant, bakery, coffee shop, bank, and pharmacy establishments.
(3)
Memory care dementia special care unit (DSCU) as defined in
105 CMR 150.023.
(4)
Licensed or certified health care facility or agency which is
licensed by the Massachusetts Executive Office of Health and Human
Services Department of Public Health Division of Health Care Facility
Licensure and Certification or successor agency as applicable, including
the following:
(i)
Health care center which may include urgent care
services, primary care services, specialist services, clinics, outpatient
facilities, diagnostic and lab services, day surgery, rehabilitation
and sports medicine, mental health, and similar medical services provided
that no overnight patient beds are provided;
(ii)
Certified home health agencies, hospices, physical
therapy and speech pathology facilities, renal dialysis facilities,
and temporary nursing agencies.
(5)
Research and development facilities, provided that only domestic
wastewater (sanitary sewage as defined in 310 CMR 15.002) is discharged
to any wastewater treatment plant within a Water Resources Protection
District.
(6)
For-profit education services, including elementary and secondary
school, junior college, college, university, and vocational school.
(7)
Training and conference center.
(8)
Retail postal, parcel post, delivery service, and postal box
uses.
(9)
Congregate housing as authorized by MGL c. 121B, § 39,
that provides a shared living environment with separate sleeping quarters
and shared common facilities which are designed to integrate the housing
and services needs of persons aged 60 and over or qualified disabled
and that have applied to the Sharon Housing Authority.
(10)
Retail sale of gasoline and diesel fuel accessory to retail
stores.
[Added 10-12-2020 ATM
by Art. 26]
m.
Natural gas custody transfer facilities or gate stations as provided
in Section 4700.
2327.
Business District D requirements.
[Amended 11-6-2017 STM
by Art. 2]
a.
The objective of Business District D is to accommodate residential,
retail, office and other uses in locations where a large development
area is available with suitable access to Interstate 95, where impacts
to neighboring residential areas can be minimized, and adverse traffic
and where environmental impacts can be mitigated. In connection with
the creation of the Business District D and the addition of any land
to the Business District D, the Select Board shall be authorized and
directed to seek agreement from the owners of land located in the
Business District D concerning public benefits to be provided in connection
with proposed development, including without limitation the gift or
dedication of land for conservation, education, flood prevention,
recreation, water supply, or other public purposes.
b.
All uses and accessory uses permitted or allowed by special permit
must conform to the objective of the district.
2328.
Business District D design requirements.
[Amended 11-6-2017 STM
by Art. 2]
a.
Within Business District D, all uses shall comply with the design
standards listed herein. All such standards may be waived as part
of the site plan review process.
b.
Each application for major site plan review shall include copies
of all plans and design information to be submitted to the Design
Review Committee.
c.
All buildings shall be "four sided," i.e., finished on all sides
with comparable architectural details and finishes. Loading areas
and rooftop equipment shall be neatly organized and thoroughly shielded.
d.
Buildings shall be energy-efficient and shall incorporate energy-saving
devices.
e.
In designing all site improvements the applicant shall use best commercial
efforts to incorporate the green development principals of energy
efficiency and sustainability by including those Leadership in Energy
and Environmental Design (LEED) Plan for Neighborhood Development
(LEED ND: Plan) strategies set forth herein in the planning and design
of Business District D projects. The applicant shall use best commercial
efforts to incorporate LEED ND: Plan principals; however, formal LEED
ND: Plan certification shall not be required, building design shall
not subject to LEED requirements, and inclusion of at least one certified
green building shall not be required. The applicant shall use best
commercial efforts to include LEED ND: Plan strategies which may be
included in the planning and design of Business D Projects. These
LEED ND strategies are as follows:
(1)
Site planning:
(i)
Smart location. Locate facilities in proximity
to Route 1 or interchanges on I-95 in order to minimize traffic impacts
on local streets and minimize VMT for regional site access.
(ii)
Compact development. To the extent practicable,
the development footprint shall be minimized in site layout and buildings
may incorporate second story and mezzanine areas.
(iii)
Reduced parking footprint. Site design shall
reserve locations for parking fully compliant with Section 3100; however,
each site plan application that is seeking a reduced parking footprint
shall include a parking management report by a civil professional
engineer (PE) identifying parking reductions enabled by actual peak
parking demand and seasonal and event peak parking accommodated on
unpaved surfaces. The Zoning Board of Appeals may waive paved parking
based on evaluation of the parking management report provided that
locations allowing full parking construction are reserved in perpetuity.
(iv)
Housing and jobs proximity. To the extent practicable,
off-site improvements shall be provided or incorporated in the site
design linking the site to multifamily housing located within 300
feet of the project site.
(v)
Walkable site. The site shall be developed as a
healthy walkable environment by providing strong linkage between sidewalks
and walkways in proximity to on-site buildings and sidewalks on adjacent
streets.
(2)
Environmental mitigation:
(i)
Sustainability. To the extent practicable, sustainable
use of materials shall be increased by requiring use of comparable
recycled and locally sourced materials during construction of site
improvements and by providing single stream recycling during occupancy.
(ii)
Landscaping and parking layout. On-site access
drives shall be shaded by lining with native shade trees. On-site
parking areas shall be divided, separated into distinct appropriately
scaled subareas, and shaded by providing vegetated planting strips
of the maximum width practicable and parking lot islands planted with
native shade trees.
(iii)
Water conservation shall be promoted by precluding
use of potable water for irrigation and requiring that irrigation
be subject to an irrigation management plan.
(iv)
Wetland waterbody conservation. To the extent
practicable, the value of open space shall be enhanced by providing
pedestrian access linking on-site buildings with open space and by
providing visual access between on-site public spaces and open space
areas.
(3)
Access:
(i)
Multimodal facilities. Multimodal access and vehicular
safety shall be enhanced by providing site access designed for shared
vehicular, bicycle, and pedestrian use and with all access drives
posted for low speed.
(ii)
Bicycle facilities. Bicycle racks and indoor bicycle
storage shall be provided as appropriate.
(iii)
Transportation demand management. Vehicle miles
traveled (VMT) and energy use may be reduced by encouraging tenants
to provide incentives for shared vehicle use such as carpools, vanpools,
and a commuter rail station shuttle.
(4)
Stormwater management:
(i)
Low-impact design: Stormwater management shall
incorporate low-impact design (LID) measures to the extent practicable.
(ii)
Drainage patterns and water quality. Existing
drainage patterns shall be preserved and water resources shall be
protected by using best management practices (BMPs) to limit runoff
and reduce total suspended solids and related contaminants.
(iii)
Vegetated planting strips and parking lot islands
may be used to collect and treat runoff as integral components of
the stormwater management system.
f.
Public spaces shall be provided in proximity to buildings that have
a minimum aggregate area equal to 5% of the floor area of the on-site
buildings. Public spaces shall be accessible to building occupants
and the public and include walking, seating, and gathering areas.
Public spaces shall have landscaping, hardscape, benches, and other
amenities. Turf areas shall be irrigated; however, potable water from
the Sharon water system shall not be used for irrigation. Hardscape
shall consist of cement concrete, brick, granite block, cobblestone,
or stone pavers. Stone or stone veneer shall be used for landscape
walls and retaining walls. One tree shall be provided for each 1,500
square feet of area. Shade trees shall have a minimum caliper of 3 1/2
inches, and coniferous trees shall have a minimum height of 10 feet
to 12 feet at the time of planting. Plant materials shall be native
species and shall include street trees listed in the Rules and Regulations
of the Sharon Planning Board. Pedestrian-scale dark skies compliant
lighting shall be provided to allow full use of the public spaces
at night. Public spaces are included in the required "minimum landscaped
open space" (Subsection 2464c).
g.
Parking areas shall be laid out in separate discrete parking fields
separated by landscaped areas and shall use grading, layout and other
design features to provide visually distinct parking fields. Large
unbroken and monotonous parking areas shall be avoided. Parking shall
be set back a minimum of 10 feet from property lines.
h.
Drive-through facilities serving customers while seated in a car
shall be laid out in areas fully separated from any street, access
drive, or parking aisle by raised islands with vertical faced granite
curb. Separate drive-through facilities shall be as long as practicable
and as a minimum shall provide sufficient length to accommodate the
95th percentile queue without extending into any access drive or parking
aisle. A bypass capability shall be provided throughout the entire
length of the drive-through facility, and all segments of the facility
shall have a minimum pavement width of 20 feet. Drive-through facilities
shall be designed in a manner that promotes good overall site circulation,
access, and safety. Site layout shall preclude pedestrian access to
the building through the drive-through facility and shall minimize
conflicts between pedestrians and vehicles entering or exiting the
drive-through facility. Proper signage and pavement markings shall
be provided. Drive-through facilities shall be properly lighted and
screened and shall minimize headlight glare on other portions of the
site. Loudspeaker sound levels shall not exceed normal conversational
sound levels. Where appropriate for the service provided, separate
parking spaces not included in the overall parking count shall be
provided to accommodate special orders and delays.
i.
Site lighting shall be designed with lower illumination levels consistent
with IESNA recommended practice and shall minimize blue light emissions.
Lighting systems shall have automated controls capable of reducing
lighting levels outside business hours. Light trespass shall be limited
to 0.5 foot-candle at the property line and there shall be no point
sources of light visible from adjacent streets and properties. Pole
heights shall be limited to 24 feet in parking areas and to 16 feet
within 50 feet of on-site buildings. Pole height within 500 feet of
Route I-95 may be increased to 34 feet, provided they are not visible
from any residence. All lighting fixtures shall be "dark skies" compliant
and shall limit upward-projecting light. All lighting fixtures shall
have or be comparable to lighting fixtures having the International
Dark Sky Association (IDA) Fixture Seal of Approval.
j.
Parking area pavements shall be a three-and-one-half-inch-thick hot
mix asphalt pavement with a twelve-inch-thick gravel base. Heavy-duty
pavement shall be a five-inch-thick hot mix asphalt pavement with
a twelve-inch gravel base. Heavy-duty pavement shall be used in all
loading areas and along truck access routes and at principal parking
lot drives. Curbing within 100 feet of buildings shall be vertical
faced granite curb or vertical faced precast concrete curb.
k.
On-site wastewater treatment plants require adequate funding mechanisms
to provide for proper operation and maintenance and for monitoring
and testing of the on-site wastewater treatment plant by the Town
consistent with the requirements of the Board of Health. Any on-site
sanitary sewers shall be subject to ongoing requirements for leak
detection and repair. Buildings shall incorporate water conservation
devices, including low-flow plumbing fixtures including ultra-low-flow
toilets.
l.
Runoff from pedestrian areas, landscape areas, and low-volume vehicular
areas shall be accommodated using low-impact design principals where
practicable, including pervious pavements, rain gardens, and other
proven methods.
2329.
Business District D performance standards.
a.
Within Business District D, all uses shall comply with the following
performance standards listed herein. All such standards may be waived
as part of the site plan review process. Performance standards shall
be evaluated for the "build plus five-year case" as defined in Subsection
6327b.
b.
All roadways within 3,000 feet of the project site accommodating
more than 200 vehicle trips per hour generated by sites in the Business
District D shall be improved to collector street standards as set
forth in the Land Subdivision Rules and Regulations of the Sharon
Planning Board.[1] Reconstruction within public ways shall be subject to
approval of a 100% design submission of the roadway improvement plans
by a majority vote of the Select Board acting as Street Commissioners.
A sketch plan submission, a 25% design submission and a 100% design
submission of the roadway improvement plans are required. The content
of the sketch plan submission shall graphically depict the location,
alignment, and number of lanes for existing and proposed roadways
and abutting land uses. The content of the 25% design submission and
the 100% design submission shall conform to MassDOT requirements.
c.
No off-site signalized intersection within the traffic study area
shall operate below level-of-service D (LOS D) under the "build plus
five-year case" as set forth in as defined in Subsection 6327b. The
proponent shall provide intersection betterments including geometric
and traffic control improvements for all intersections in the traffic
study area where "warranted" to achieve LOS D. For unsignalized intersections
not meeting MUTCD warrants or where signalization is not permitted
by the Town or agencies having jurisdiction, geometric, pavement marking,
and signage improvements shall be provided to mitigate traffic impacts.
d.
On-site wastewater generation exceeding six gallons per day per 1,000
square feet of lot area and on-site wastewater treatment plants treating
domestic wastewater or wastewater determined by the Zoning Board of
Appeals to have constituents substantially similar to sanitary sewage
(310 CMR 15.002) per Subsection 4531d(1) only are permitted pursuant
to issuance of a groundwater discharge permit by the Massachusetts
Department of Environmental Protection and a treatment works construction
permit by the Sharon Board of Health. Within Aquifer Protection Districts,
groundwater shall meet or exceed Massachusetts drinking water standards
at the property line.
[Amended 11-6-2017 STM
by Art. 2]
e.
Rooftop mechanical equipment shall be visually screened and acoustically
buffered. "Build case" day-night average sound levels caused by rooftop
equipment shall not exceed 55 decibels at the property line.
2331.
Permitted light industrial uses. The following are permitted,
except that if the proposed building, building addition or change
of use exceeds the floor area or parking space thresholds of Subsection
2334a, the use shall be allowed only by special permit. Additionally,
certain uses require site plan approval pursuant to Subsection 6323.
a.
Manufacturing: assembly, manufacturing, and packaging, subject to
the exclusions of Paragraph (12) hereof:
(1)
Canvas, cloth, cork, felt, fiber, glass, metal, sheet metal,
paper, plastic, textile, and wood products from previously prepared
materials;
(2)
Electrical, laboratory, medical, dental, office, store, sterilization,
and water purification apparatus, devices, machinery, and equipment;
(3)
Instruments, musical instruments, optical goods, clocks and
watches or other precision apparatus, devices, machinery, and equipment;
(4)
Apparel, apparel accessory, and footwear products;
(5)
Aerospace, boat, rail, and vehicle parts and components;
(6)
Pharmaceuticals and personal care products;
(7)
Machine tools;
(8)
Food products;
(9)
Bottling works;
(10)
Jewelry;
(11)
Toys, novelties, and sporting goods;
(12)
Wood product manufacturing shall exclude planning and sawmill
operations. Food product manufacturing and packaging shall exclude
fish or meat, sauerkraut, vinegar, yeast, and fat and oil rendering.
f.
Nursery school, daycare center or other agency for the day care of
children, and adult daycare center.
g.
Theater.
h.
Wellness center and health club.
j.
Miscellaneous:
(1)
Printing and publishing establishments;
(2)
Public utilities, service yards, and electrical switch gear
and transforming stations;
(3)
Repair, maintenance, and service industries;
(4)
Machine shops;
(5)
Shop and/or showroom of a builder, carpenter, cabinetmaker,
caterer, electrician, painter, paperhanger, plumber, sign painter,
upholsterer, heating and ventilation contractor, or other tradesman.
2332.
Other permitted principal uses:
a.
Religious or educational uses on land owned or leased by a public
body, religious sect or denomination, or nonprofit educational corporation;
b.
Agriculture, horticulture or floriculture;
c.
Business services supporting businesses located in the district;
d.
Personal services such as, but not limited to, barber and beauty
shops, health club, membership club, photographer, shoe repair, tailor,
and other personal service uses;
e.
General retail and wholesale landscaping equipment, supply and service
business.
f.
Large-scale ground-mounted solar photovoltaic installation: a solar
photovoltaic system that is structurally mounted on the ground and
is not roof-mounted, and has a minimum nameplate capacity of 250 kW
DC, not constructed on a lot containing a habitable building. Construction,
operation, and/or repair of the above uses shall be subject to the
following requirements:
[Added 5-1-2017 ATM by Art. 24]
(1)
As-of-right siting. Large-scale ground-mounted solar photovoltaic
installations shall be subject to as-of-right site plan review pursuant
to Section 6320 and shall not be subject to special permit, variance,
amendment, waiver, or other discretionary approval.
(2)
Compliance with laws, ordinances and regulations. The construction
and operation of all large-scale solar photovoltaic installations
shall be consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction,
electrical, and communications requirements. All buildings and fixtures
forming part of a solar photovoltaic installation shall be constructed
in accordance with the State Building Code.
(3)
Building permit and building inspection. No large-scale ground-mounted
solar photovoltaic installation shall be constructed, installed or
modified as provided in this section without first obtaining a building
permit.
(4)
Site control. The project proponent shall submit documentation of
actual or prospective access and control of the project site sufficient
to allow for construction and operation of the proposed solar photovoltaic
installation.
(5)
Operation and maintenance plan. The project proponent shall submit
a plan for the operation and maintenance of the large-scale ground-mounted
solar photovoltaic installation, which shall include measures for
maintaining safe access to the installation, stormwater controls,
as well as general procedures for operational maintenance of the installation.
(6)
Utility notification. No large-scale ground-mounted solar photovoltaic
installation shall be constructed until evidence has been given to
the site plan review authority that the utility company that operates
the electrical grid where the installation is to be located has been
informed of the solar photovoltaic installation owner's or operator's
intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
(7)
Land clearing, soil erosion and habitat impacts. Clearing of natural
vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the large-scale ground-mounted solar
photovoltaic installation or otherwise prescribed by applicable laws,
regulations, and bylaws.
(8)
Abandonment. Any facility which permanently ceases operation or that
has been abandoned shall be demolished and removed and the site shall
be restored, revegetated, and stabilized within six months following
discontinuance of operations. The site plan review authority shall
require posting of permanent security in an amount adequate to ensure
demolition and removal of the facility and restoration, revegetation,
and stabilization of the site. The amount of the security shall be
updated from time to time throughout operation of the facility as
required by the site plan review authority.
2333.
Permitted accessory uses:
a.
Such accessory uses as are customarily incident to the foregoing
uses, including the use of structures and land for showrooms for display
purposes only, as well as storage, power plants, water storage structures
or reservoirs, sewage treatment plants and chimneys;
b.
Outside display of goods for display and sales on the premises accessory
to a permitted main use such as, but not limited to, retail stores,
shops and salesrooms, conducted in a completely enclosed building
on the same premises.
2334.
Uses and accessory uses allowed by special permit (from the
Board of Appeals, except as noted):
a.
Uses allowed pursuant to Subsection 2331 where the proposed building,
addition or change of use results in more than 100,000 square feet
of gross floor area or more than 250 parking spaces;
b.
Facilities for the sale, leasing, rental or servicing of new and
used automobiles and trucks, trailers, and boats, provided that all
servicing is carried on within one or more buildings, and provided
further that a Class 1 agent's or seller's license (as defined in
MGL c. 140, § 58) shall be held by the user of the premises;
d.
Commercial indoor and/or outdoor recreational uses, including recreational
uses that include a training component such as, but not limited to,
skateboard park, tennis, swimming, skating, sports fields and courts,
golf driving range, miniature golf course, batting cages, go-carts,
bumper boats, indoor racing tracks, and other similar uses;
e.
Open or outside storage of materials, supplies, equipment, construction
equipment, and manufactured products, in a storage yard, provided
that the storage is appropriately screened in accordance with all
applicable sections of the Zoning Bylaw;
f.
Outdoor storage or overnight parking of buses, trucks, or other vehicles
whose gross vehicle weight, as determined by the Massachusetts Registry
of Motor Vehicles, equals or exceeds 10,000 pounds;
g.
Paved parking lots and/or parking spaces, including commercial parking
not serving the primary use(s) on the lot;
h.
Temporary parking lots;
i.
Drive-in windows for restaurants, banks, dry cleaners, or any other
personal services;
j.
Self-storage facilities;
k.
Motel or hotel, provided that the following are complied with:
(1)
Minimum floor area per unit, not including corridors and public
floor areas, shall be 240 square feet;
(2)
No motel or hotel unit floor elevation shall be located below
the mean grade level of the land;
(3)
No more than 10% of the public floor area (lobby, function rooms,
restaurants) shall be used for accessory commercial uses such as newsstands,
barber or beauty shops, vending machines, gift shops or offices other
than those offices necessary to the management of the motel.
l.
Natural gas custody transfer facilities or gate stations as provided
in Section 4700.
m.
Adult entertainment uses pursuant to Section 4100. These uses shall
not be considered accessory uses.
n.
Registered marijuana dispensaries and marijuana establishments as
provided in Section 3600. These uses shall not be considered accessory
uses.
[Added 5-7-2018 ATM by
Art. 22]
2335.
Within the Light Industrial District, all uses shall comply
with the design standards listed herein. All such standards may be
waived as part of the site plan review process.
a.
Buildings on the same lot shall be designed with distinct but harmonious
architectural elements in a park-like campus setting. Loading areas
shall be neatly organized and thoroughly shielded. Rooftop mechanical
equipment shall be visually screened and acoustically buffered. Day-night
average sound levels caused by rooftop equipment shall not exceed
55 decibels at the property line. Buildings shall be energy-efficient
and shall incorporate energy-saving devices;
b.
Large parking areas shall be laid out in separate fields with an
average size of 120 parking spaces or less and with a maximum size
of 240 parking spaces. Discrete parking fields shall be separated
by landscaped areas and shall use grading, layout and other design
features to provide visually distinct parking fields. Large unbroken
and monotonous parking areas shall be avoided. One 3 1/2-inch-caliper
shade tree shall be provided for every 25 parking spaces, and trees
shall be planted within 15 feet of the parking area. Parking shall
be set back a minimum of 20 feet from property lines and a minimum
of 10 feet from on-site buildings; provided, however, that these setbacks
shall not apply to buildings in existence as of November 9, 2009,
or to lease lines or lot lines of buildings developed in a campus
setting where each lease area or lot has common ownership interests.
Parking shall be set back 50 feet from residential lot lines. The
provisions of this paragraph may be waived by the Board of Appeals
for parking facilities approved by special permit for occasional event
parking;
c.
Site lighting shall be designed with lower illumination levels consistent
with IESNA recommended practice. Light trespass shall be limited to
0.5 foot-candle at the property line and there shall be no unshielded
point sources of light visible from adjacent streets and properties.
Pole heights shall be limited to 24 feet. Lighting fixtures shall
promote "dark skies" principles by limiting upward-projecting light;
d.
Parking area pavements shall be a 3 1/2-inch-thick hot mix asphalt
pavement with a twelve-inch-thick gravel base. Heavy-duty pavement
shall be a five-inch-thick hot mix asphalt pavement with a twelve-inch
gravel base. Heavy-duty pavement shall be used in all loading areas
and along truck access routes and at principal parking lot drives.
Pervious pavement may be used in areas not subject to heavy traffic
or exposed to hazardous materials if approved pursuant to site plan
approval or special permit. Curbing shall be vertical granite type
VA4 or vertical precast concrete curb within 100 feet of buildings
and on the principal access drive. Curbing may be replaced with parking
blocks in specific locations in order to implement low impact design
drainage measures if approved pursuant to site plan approval or special
permit. The provisions of this paragraph may be waived by the Board
of Appeals for parking facilities approved by special permit for occasional
event parking.
2342.
Permitted community service uses:
a.
Religious or educational purposes on land owned or leased by a public
body, religious sector denomination, or nonprofit educational corporation.
2343.
Permitted health services and related uses. In Professional
District B, permitted health services and related uses:
a.
Assisted-living residence.
2346.
2347.
Professional District B design requirements. Design requirements
for buildings other than residence for a single family:
a.
Site design.
(1)
Natural features shall be preserved to the extent practicable.
(2)
Continuous six-foot-wide pedestrian walkways shall be provided
connecting all building entrances, parking facilities, and the adjacent
street.
(3)
Open space shall be well landscaped and shall include passive
recreation facilities and site furnishings.
(4)
Driveways shall provide convenient general vehicular access,
emergency vehicle access and service vehicle access.
(5)
Access, fire hydrant locations, and building fire protection
systems shall comply with Fire Department requirements. Vehicular
access shall be provided to three sides of the building minimum or
as required by the Fire Department.
(6)
Dumpster pads shall be located to the side or rear of buildings
where practicable with convenient access requiring minimal vehicle
maneuvering and shall be thoroughly screened with plantings and fencing
and shall have an eight-inch-thick reinforced cement concrete pad
with an eight-inch gravel base.
(7)
Utility and service equipment, transformers, switchgears, meters,
HVAC equipment or any other type of utility equipment shall be located
to the rear or side of buildings and shall be thoroughly screened
with plantings and fencing
(8)
Site lighting shall be designed with the lower illumination
levels consistent with good design practice and IESNA recommendations.
Maximum illumination levels shall not exceed five foot-candles at
any location. Light trespass shall be limited to 0.25 foot-candle
at all property lines. Fixtures and poles shall be compatible in style
with on-site buildings. Maximum pole height shall be 18 feet in parking
lots and 12 feet along pedestrian walkways. Fixtures shall avoid upward
projection of light consistent with "dark skies" principles and shall
avoid point sources of light visible from off-site locations. Light
trespass shall be limited to 0.25 foot-candle at all property lines,
except at driveways. Exterior lighting systems shall incorporate zones
and timers to reduce lighting levels at nonpeak times.
b.
Standards.
(1)
All driveways, parking facilities, and loading facilities shall
be surfaced with a hot mix asphalt pavement with a twelve-inch gravel
base. Hot mix asphalt pavement shall be 4 1/2 inches thick except
within parking spaces where it shall be 3 1/2 inches thick.
(2)
All walkways shall be surfaced with a four-inch-thick reinforced
cement concrete pavement or unit pavers with a twelve-inch gravel
base.
(3)
All curbing shall be vertical faced precast cement concrete
curb or vertical faced granite curb with six-inch reveal.
(4)
Utilities shall be installed underground.
c.
Stormwater management.
(1)
The stormwater management system shall collect, convey, treat,
and recharge stormwater in a manner which will ensure protection of
property, preservation of water resources, minimization of environmental
impacts, and protection of public and environmental health by providing
adequate protection against pollution, flooding siltation and other
problems caused by poor drainage.
(2)
The stormwater management system shall adhere to standard engineering
practice.
(3)
The stormwater management system shall conform to the Massachusetts
Department of Environmental Protection Stormwater Management Standards
[310 CMR 10.05(6)(k-q)].
(4)
The stormwater management system shall generally conform to
guidance provided in the current edition of the Massachusetts Department
of Environmental Protection's Stormwater Handbook.
(5)
The stormwater management system shall have sufficient capacity
to accommodate the twenty-five-year-frequency storm event while maintaining
open channel flow in drain lines.
(6)
Stormwater detention and retention basins shall be designed
to accommodate the one-hundred-year-frequency design storm with one
foot of freeboard and shall empty within 72 hours following cessation
of precipitation and shall provide for a two-foot separation to groundwater.
A ten-foot-wide access road shall be provided around the basin rim
and accessing all structures. An emergency spillway above the one-hundred-year
design elevation of the basin shall be provided.
(7)
The stormwater management system shall provide for recharge
of a volume equal to the entire one-year-frequency storm event and
shall provide for no increase in the peak rate of discharge for the
one-hundred-year-frequency storm event.
(8)
The stormwater management system shall provide a treatment train
for the water quality volume that reduces the contaminant burden in
stormwater to the maximum extent possible (MEP) using best management
practices (BMPs).
(9)
The stormwater management system shall maintain predevelopment
drainage patterns and predevelopment hydrological conditions in groundwater
and surface waters and shall avoid any increase in the peak rate of
stormwater discharge at the property boundary for each storm event
up to the one-hundred-year-frequency storm event.
(10)
The stormwater management system shall incorporate a strategy
for source control and best management practices (BMPs).
(11)
The stormwater management system shall recharge roof water in
separate facilities.
(12)
The stormwater management system shall protect or enhance resource
areas subject to regulation under the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and shall avoid new point source
discharges within 100 feet of bordering vegetated wetlands.
(13)
The stormwater management system shall utilize low-impact design
where practicable.
(14)
The stormwater management system shall include stormwater BMPs
that abate phosphorous levels in accordance with the Massachusetts
Stormwater Handbook.
(15)
The stormwater management system shall utilize an operation
and maintenance (O&M) plan that complies with DEP guidelines and
ensures proper function of the stormwater management system and provides
an acceptable future maintenance burden.
(16)
The closed stormwater collection system shall consist of precast
concrete drain manholes, precast concrete catch basins, precast concrete
water quality structures connected by straight segments of drain line.
(17)
Separator structures shall be provided upgradient of all surface
stormwater basins and subsurface absorption systems and shall treat
the water quality volume and shall have a bypass capability for larger
storms.
d.
Buildings.
(1)
Design of buildings shall be compatible in height, mass, architectural
character, fenestration, color, and cladding with the character of
other buildings on the lot.
(2)
Larger buildings shall be stepped, jogged or angled in order
to reduce bulk and mass.
(3)
Facades shall blend with other structures in the surrounding
area with regard to the dominant vertical or horizontal expression.
(4)
Facades of buildings visible from streets and abutting property
shall be carefully designed and shall incorporate compatible architectural
elements as appropriate. All facades shall have door or window openings.
(5)
The proportions and relationships between doors and windows
should be compatible with the architectural style and character of
other structures on the lot.
(6)
The relationship of a structure to the open space between it
and adjoining structures should be compatible.
(7)
Architectural details, including signs, materials, colors and
textures, shall be treated so as to be compatible with other buildings
on the lot and should preserve and enhance the character of the surrounding
areas.
(8)
Buildings shall have painted or factory-finished lap siding,
stained cedar shingles, fiber cement clapboards or shingles, natural
and artificial stone and brick cladding with color approved by the
Board of Appeals.
(9)
Windows shall be compatible with the architectural style of
the structure, and a consistent window design shall be utilized through
the building and adjacent buildings.
(10)
Mechanical equipment shall be screening and acoustically buffered
and shall not be visible from ground level. Noise caused by such equipment
shall neither exceed 70 dBA at the source nor exceed 55 dBA at the
boundary of the property line.
e.
Landscaping.
(1)
Planting plans for facilities exceeding 60,000 square feet in
floor area shall be prepared by a Massachusetts registered landscape
architect.
(2)
Landscaped areas shall be context-sensitive and designed to
complement adjacent or nearby buildings, walkways, streets and parking
areas.
(3)
Landscaping shall be provided along the entire street frontage.
Trees may be equally spaced or clustered, and a minimum of one shade
tree shall be provided for each 40 feet of frontage.
(4)
Screening shall be provided for dumpsters, exterior electric
and mechanical equipment, and utility structures. Screening shall
consist of evergreen trees and shrubs and shall be a minimum of two
feet taller than the feature being screened at maturity. An opaque
board fence having a minimum height of six feet shall be provided
continuously adjacent to the element being screened.
(5)
Landscaping shall consist primarily of native species to minimize
maintenance, particularly water use. Plants included on the Massachusetts
Department of Agricultural Resources' Massachusetts Prohibited Plant
List (2006) are prohibited. Extensive monoplantings of a single species
shall be avoided. A six-inch-thick loam layer shall be provided for
all areas within the limit of construction, excluding buildings and
paved areas.
(6)
All plants shall be nursery-grown, healthy, vigorous growing,
and true to form and shape. Shade trees shall be deciduous hardwood
trees and shall have a minimum caliper of 2 1/2 inches to three
inches at the time of planting. Flowering trees shall have a minimum
caliper of 2 1/2 inches to three inches at the time of planting.
Coniferous trees shall be 10 feet to 12 feet in height at the time
of planting. Shrubs shall be 18 inches to 24 inches in height at the
time of planting.
(7)
Landscape maintenance shall comply with an integrated pest management
plan. Use of fertilizer shall be minimized.
