2411.
Conformity. No building in any district shall be erected, altered,
enlarged, extended, reconstructed, raised or moved and no lot shall
be created or changed in size or shape except in conformity with the
following, unless exempted by Subsection 6410 of this bylaw or by
the Zoning Act, or unless the nonconformity results from the taking
of a portion of the lot for a public purpose where no building is
to be constructed on the portion so taken.
2412.
Lot shape, width and frontage.
Purpose: It shall be the purpose of these regulations to prevent
the subdivision of properties into irregularly shaped lots which undermine
the intent of the Zoning Bylaw, as well as to prevent the creation
of lots which are so distorted in configuration as to be detrimental
to public health, safety, welfare, convenient and harmonious development
and use of the land, or future clarity of ownership and identification
of property lines.
a.
Lot width shall be measured at the required minimum street setback
lines. Lot width shall be measured in a straight line between the
intersection of the street setback line and the side lot lines. On
corner lots, the lot width shall be measured from the side lot line
to the intersecting street property line.
b.
Each lot shall have frontage on a street or way, such frontage shall
measure not less than 2/3 of the required minimum lot width. Each
lot shall have its primary means of access onto said street or way.
The principal means of access for residential lots shall be through
said frontage.
c.
The minimum distance between side lot lines from the frontage to
the front of the primary structure on the lot shall be 50 feet.
d.
For any lot created or altered in shape after the effective date
of this regulation, any portion of the lot that is narrower than 1/2
of the required minimum lot width, or less than 60 feet, whichever
is greater, as measured in any direction, shall not be counted toward
the required lot area; furthermore, in the event that such narrow
portion of the lot connects separate wider portions of a lot in a
dumbbell configuration, the smaller of the connected sections shall
also be excluded.
e.
For any lot created or altered in shape after the effective date
of this regulation, each lot shall be adequate in shape to entirely
contain a horizontal circle with a minimum diameter equal to the required
lot frontage, within which circle there shall be a potential building
site outside of the minimum setback from wetlands.
f.
In any residential district, the minimum frontage and the minimum
lot width may be reduced to 25 feet, and the requirement in Subsection
2412d may be waived, provided that the lot conforms to each of the
following:
(1)
Contiguous lots having reduced lot frontage as provided by this
section shall not be maintained in common ownership.
(2)
The minimum street setback shall be increased by 100 feet over
the minimum street setback otherwise required by all other provisions
of this bylaw.
(3)
The minimum setback from side lot lines and the minimum setback
from rear lot lines shall be increased over the setbacks otherwise
required by all other provisions of this bylaw as follows:
(4)
The minimum lot area shall be increased by 100% over the lot
area otherwise required by all other provisions of this bylaw.
(5)
The minimum distance between side lot lines from the frontage
to the front of the primary structure on the lot shall be 20 feet.
g.
Any lot created before adoption of this Zoning Bylaw amendment and
conforming to then-applicable requirements shall be considered a conforming
lot for purposes of this bylaw. This regulation shall not apply, furthermore,
to any lot created or altered in shape after the effective date of
this regulation, when the irregularity of the lot is created by a
taking by eminent domain or if a portion of the lot is conveyed for
a public purpose for which the land could have been taken.
h.
The regulations contained within Subsection 2412 shall not apply
to Business District A, unless the property contains a single- or
two-family dwelling.
2413.
Building locations. Building location requirements apply to
projections such as enclosed porches and overhanging stories except
where permitted as yard or court encroachments under the Commonwealth
of Massachusetts State Building Code, to fences (except in Business
and Light Industrial Districts) exceeding six feet in height, to swimming
pools exceeding two feet in depth and 250 square feet in surface area,
and to all structures other than the above fences, a wall or other
customary yard accessory.
2414.
Corner visibility. No structures, fence, parking space, planting
or sign shall be maintained between a plane 2 1/2 feet above
curb level and a plane seven feet above curb level so as to interfere
with traffic visibility across the corner within a triangle bounded
by the adjacent street sidelines and a straight line drawn between
points on such lot line 30 feet from the intersection of the street
sidelines or extension thereof. Poles, posts, guys for street lights
and other utility services, and tree trunks bare of leaves and branches
shall not be considered obstructions to vision within the meaning
of this provision.
2415.
Driveways. All driveways shall be constructed to provide adequate
access for all emergency vehicles as determined by the Town Engineer
and Fire Chief. Driveways shall not exceed a grade of 10% unless either
a special waiver or a service disclaimer is obtained from the Fire
Chief.
(See Section 4300 for flexible development.)
2421.
Minimum lot area.
a.
Rural 1 and Suburban 2 Districts: 60,000 square feet per dwelling
unit or other use.
b.
Rural 2 District: 80,000 square feet per dwelling unit or other use.
Each four persons accommodated in a hospital, nursing home, camp,
dormitory or other group living arrangement shall be considered equivalent
to a dwelling unit in determining required lot area.
2424.
Building location.
a.
Minimum street setbacks:
(1)
From streets with state or county layout: 60 feet to street
sideline, or, if more restrictive, 80 feet to the street centerline.
(2)
From other streets: 50 feet to street sideline, or, if more
restrictive, 70 feet to the street centerline.
(3)
Not applicable to construction set back as far as or farther
than an existing principal building on the lot.
2425.
Maximum building height: to exceed neither 2 1/2 stories
nor 35 feet.
(See Section 4300 for flexible development.)
2433.
Maximum lot coverage: 25%.
2434.
Building location.
a.
Minimum street setback:
(1)
From streets constructed or maintained wholly or in part by state
funds under MGL c. 90: 40 feet from the street sideline, or, if more
restrictive, 70 feet from the street centerline.
(2)
From other streets: 30 feet from the street sideline, or, if more
restrictive, 50 feet from the street centerline. The Board of Appeals
may grant a special permit (see Subsection 6310) for a smaller setback
on a corner lot having a lot area of less than 10,000 square feet
at the time this bylaw was adopted.
2435.
Maximum building height: to exceed neither 2 1/2 stories
nor 35 feet.
2443.
Maximum lot coverage: 40%.
2444.
Building location.
a.
Minimum street setback:
(1)
From streets constructed or maintained wholly or in part by
state funds under MGL c. 90: 40 feet from the street sideline, or,
if more restrictive, 70 feet from the street centerline.
(2)
From other streets: 30 feet from street sideline, or, if more
restrictive, 50 feet from street centerline. The Board of Appeals
may grant a special permit (see Subsection 6310) for a smaller setback
on a corner lot having a lot area of less than 8,000 square feet at
the time this bylaw was adopted.
2445.
Building height: to exceed neither 2 1/2 stories nor 35
feet.
2451.
Minimum lot area: 40,000 square feet but not less than 5,000
square feet per dwelling unit.
2452.
Maximum lot coverage: 25%.
2453.
2454.
Maximum building height: to exceed neither 2 1/2 stories
nor 35 feet.
2461.
Minimum areas.
[Amended 11-6-2017 STM
by Art. 2]
a.
Minimum overall development area:
|
Business District D
|
53 acres for a Business District D development
|
b.
Minimum lot area:
|
Business District A
|
10,000 square feet for single- or two-family dwellings
| |
|
No minimum lot size for all other uses
| ||
|
Business Districts B and C
|
10,000 square feet for two-family dwellings
| |
|
8,000 square feet for all other uses
| ||
|
Business District D
|
60,000 square feet for lots within a Business District D development
and 53 acres for lots not within a Business District D development
| |
|
Professional District A
|
20,000 square feet
| |
|
Professional District B
|
60,000 square feet
|
2462.
Maximum densities in Professional District B and Business District
D.
[Amended 11-6-2017 STM
by Art. 2]
b.
Business District D:
(1)
Residential Units: the maximum dwelling units within a Business
District D development shall be the lesser of one dwelling unit per
2,250 square feet of gross floor area in Subsection 2323, Permitted
commercial uses, and in certain uses as set forth in paragraphs a,
d, h, l(3), l(4), l(5), l(6), l(7), and l(8) of Subsection 2326 or
225 dwelling units total.
(2)
Bedrooms in residential units: a maximum of two bedrooms per
dwelling unit.
2463.
Minimum lot frontage and width.
[Amended 11-6-2017 STM
by Art. 2]
a.
In Business District A, the minimum lot width for single-family and
two-family dwellings shall be 80 feet. There shall be no minimum width
requirement for all other uses.
b.
In Business District A, the minimum frontage for single-family and
two-family dwellings shall be 70 feet. There shall be no minimum frontage
requirement for all other uses.
c.
In Business Districts B and C, the minimum lot width for two-family
dwellings shall be 80 feet. In Professional Districts, the minimum
lot width for single-family dwellings shall be 70 feet and 150 feet
for all other uses. Lot width for all other uses shall be as specified
in Subsection 2412.
d.
Minimum frontage for all other uses:
2464.
Coverage and open space. For purposes of this Subsection 2464,
"open space" shall mean a portion of a lot or other area of land associated
with and adjacent to a building or group of buildings in relation
to which it serves to provide light and air, for scenic, recreational
or similar purposes. Such space shall be available for use by the
occupants of the building(s) with which it is associated, and to the
general public as appropriate with respect to the location of the
open space on the lot and the nature of the use. Open space shall
include parks, plazas, playgrounds, lawns, landscaped areas, decorative
plantings and pedestrian ways. Streets, parking lots, driveways, service
roads, loading areas, and areas normally inaccessible to pedestrian
circulation shall not be counted in determining required open space.
[Amended 11-6-2017 STM
by Art. 2]
a.
Maximum project coverage:
|
Business District D
|
30%, excluding freestanding parking decks not within the footprint
of any occupied building for Business District D development or for
lots not within a Business District D development
|
b.
Maximum lot coverage:
|
Business District A
|
25% for single-family and two-family dwellings
| |
|
60% for all other uses
| ||
|
Business District B
|
25% for residential uses
20% for all other uses
| |
|
Business District C
|
25% for single-family and two-family dwellings
| |
|
35% for multifamily residential uses
| ||
|
50% for all other uses
| ||
|
Business District D
|
30%, excluding freestanding parking decks not within the footprint
of any occupied building for a Business District D development or
for lots not within a Business District D development
| |
|
N/A for lots within a Business District D development
| ||
|
Professional District A
|
N/A
| |
|
Professional District B
|
20%
|
c.
Minimum landscaped open space coverage, including natural vegetation
areas:
|
Business District A
|
20%
| |
|
Business District B
|
N/A
| |
|
Business District C
|
30%
| |
|
Business District D
|
35% for a Business District D development or for a lot not within
a Business District D development
| |
|
N/A for lots within a Business District D development
| ||
|
Professional District A
|
N/A
| |
|
Professional District B
|
30%
|
d.
Lot coverage and open space variations may be allowed by special
permit from the Board of Appeals in Business Districts A and C: Maximum
lot coverage may be increased to not more than 85% of total lot area,
and minimum landscaped open space coverage may be reduced to not less
than 15% of total lot area by special permit from the special permit
granting authority. Under this special permit, increased lot coverage
shall include buildings and impervious surfaces. In granting a special
permit for increased lot coverage or decreased landscaped open space
coverage, the special permit granting authority shall determine that
the special permit includes the provision of amenities or facilities
that provide for the public benefit or convenience. Typical site improvements
may be determined to be public benefits or convenience when in compliance
with the following:
(1)
When street plantings are provided along the entire street frontage
for nonresidential uses, except at drives, and except where neither
a street setback nor a buffer zone is required. The required plantings
should generally be located between the street and the build-to line
generally be located between the street and the build-to line.
(2)
When curb cuts are consolidated either on a single lot or between
abutting lots resulting in better traffic circulation and safety.
(3)
When landscaping exceeding the minimum parking lot standards
is provided. Trees and soil plots shall be so located as to provide
visual relief and wind interruption within the parking area, and to
assure safe patterns for internal circulation.
(4)
When drainage techniques are used in order to promote improved
stormwater drainage, such as porous pavement instead of traditional
paving materials. Also, landscaped areas may be below grade in order
to allow for stormwater retention and infiltration.
(5)
When enhanced screening of dumpsters, refuse areas, and loading
bays is provided for adjacent streets and properties. Plantings should
be supplemented by an opaque fence or wall at least six feet tall.
(6)
When a septic system is installed that provides enhanced treatment
capability or where the lot is encumbered by easements that facilitate
provision of a shared septic system with enhanced treatment capability.
(7)
When the building and facade design are compatible with the
promotion of architectural elements as described in the Post Office
Square Design Guidelines.
(8)
When a landscaped area, or small park, preferably including
public seating, is located in the front yard setback.
2465.
Buffer and landscape requirements.
a.
Buffer strips shall be provided alongside any rear lot lines adjacent
to lots in residential districts and shall be densely planted with
predominantly evergreen trees and shrubs that are drought-tolerant
and require minimal irrigation. Plants shall be selected and planted
to provide a continuous year-round screen from ground level to a minimum
height at maturity of 40 feet. For buffer strips that are 30 feet
or less in width along residential lot lines, the buffer strip shall
include a six-foot-high opaque wood fence.
b.
Landscape strips shall be provided along the entire lot frontage
between parking areas and the street sideline and shall be planted
with drought-tolerant plants, including mulch, turf, ground cover,
shrubs, and trees. Pavement is limited to walkways and access drives.
(1)
Minimum width of landscape strips: 20 feet along the street sideline.
c.
Interior landscaping shall be provided within all at-grade parking
lots, which shall be planted with drought-tolerant plants, including
mulch, turf, ground cover, shrubs, and trees. A minimum of one shade
tree shall be planted for every 20 parking spaces.
(1)
Minimum area: 5% of the parking lot surface area.
2466.
Building location. In Business Districts A and C, single-family
and two-family dwellings shall have a maximum yard setback of 20 feet
from the property line. Other uses shall have a maximum front yard
setback of 10 feet from the property line. In Business District A,
any required front setback may only be used for landscaping, public
seating, circulation, signage and drives, consistent with the Post
Office Square Design Guidelines. The Planning Board, during site plan
review, or the Board of Appeals, during special permit review, may
increase the front yard setback if this is necessary to provide public
area for pedestrian circulation and seating, and to ensure that criteria
for site design as identified in the Design Guidelines for the Town
Center Business District are achieved.
[Amended 11-6-2017 STM
by Art. 2]
a.
Minimum front setback from street side line:
|
Business District B
|
10 feet
| |
|
Business District D
|
10 feet from the side line of Route I-95 and 50 feet from Old
Post Road
| |
|
100 feet from all other streets
| ||
|
Professional District A
|
N/A
| |
|
Professional District B
|
40 feet
|
b.
Minimum setback from side or rear lot lines:
|
Business Districts A, B and C
|
20 feet from lot lines in any Residence District and 10 feet
from all other lot lines
| |
|
Business District D
|
100 feet from lots not within Business District D (setbacks
from Route 1-95 are considered as front setbacks as set forth above)
and N/A from lots within Business District D
| |
|
Professional Districts
|
20 feet from lot lines in any Residence District and 10 feet
from all other lot lines
|
c.
In Business Districts A, C, and D and in the Professional District,
minimum separation between buildings on the same lot is 10 feet, except
no separation is required where two buildings are separated by a fire
wall meeting the requirements of the Massachusetts State Building
Code. In those districts, no separation is required where two buildings
are separated by a fire wall and there is a multi-year development
agreement between the two property owners and the building offers
aesthetic value and architectural interest.
2467.
Maximum building height.
[Amended 11-6-2017 STM
by Art. 2]
a.
Building height shall be as defined in the Massachusetts Building
Code. When height is expressed in stories and feet, the specified
number of stories is allowed up to the maximum number of specified
feet.
b.
Residential uses in Business Districts and the Professional District
shall not exceed three stories or 40 feet.
c.
All other uses, including mixed-use buildings (with or without a
residential component), shall not exceed the following limits:
(1)
Professional Districts: three stories or 40 feet;
(2)
Business Districts A and C: three stories or 45 feet. Accessories
and architectural features extending above the roofline may not exceed
a height of 50 feet;
(3)
Business District B: four stories or 60 feet;
(4)
Business District D:
(i)
For hotels and residential buildings located within
350 feet of the west property line at Route 1-95, six stories (excluding
mezzanines as defined in the Massachusetts Building Code) or 90 feet;
and further provided that the height of each story is limited to 15
feet.
(ii)
For all other uses, four stories (excluding mezzanines
as defined in the Massachusetts Building Code) or 60 feet; and further
provided that the height of each story is limited to 24 feet for retail
and theater use, to 16 feet for office use, and to 13 feet for all
other uses.
2468.
Additional requirements for Business District D.
[Amended 11-6-2017 STM
by Art. 2]
a.
Maximum permitted floor area ratio (FAR): 0.33 for a Business District
D development or for a lot not within a Business District D development.
A FAR limit is not applicable for lots within a Business District
D development.
b.
The maximum permitted gross floor area for residential use shall
not exceed 250,000 square feet for a Business District D development
or for a lot not within a Business District D development, and the
maximum permitted gross floor area for residential, community service
and commercial uses combined shall not exceed 750,000 square feet
for a Business District D development or for a lot not within a Business
District D development.
c.
In Business District D, there shall be a "no-cut" line extending
50 feet from South Walpole Street. Existing trees shall be supplemented
by in-planting with evergreen trees and shrubs to create a dense vegetative
screen. A six-foot-high unfinished cedar board fence shall be placed
approximately 40 feet off the street line to provide supplemental
screening when considered appropriate by the Board of Appeals pursuant
to Subsection 6320.
2469.
Residential buildings: In Business District C and in the Professional
District, there shall not be more than one building used wholly or
in part for residence on any one lot.
2471.
Minimum lot area: 40,000 square feet.
2472.
Minimum lot width: 150 feet.
2474.
Minimum landscaped open space coverage: 20% of the lot area.
2475.
Building location:
a.
Multiple buildings: Multiple buildings devoted to the principal and
accessory uses set forth in Subsections 2331 through 2334, inclusive,
are permitted to be located on a lot.
b.
Minimum street setback: 75 feet to the sideline or 100 feet to the
centerline of any street or way, except freeways.
c.
Minimum setback to freeways classified as "limited access" by the
Massachusetts Department of Transportation: 30 feet to the sideline
or 100 feet to the edge of the pavement.
d.
Minimum setback from the boundary of any Residential District, from
the lot line of any lot in residential use: 100 feet, of which the
50 feet closest to said line shall be maintained in landscaping sufficient
to provide an effective screen.
e.
Minimum setback from side or rear lot lines: 30 feet.
f.
Minimum separation between buildings on the lot: 10 feet.
2476.
Building height: not to exceed four stories or 80 feet.
