[Added 5-8-2000 ATM by Art. 18; amended 5-11-2009 ATM by Art. 13; 12-1-2014 STM by Art. 5]
The Business Neighborhood Center District is intended to result in a vibrant diverse neighborhood that is integrated with and central to the whole community. Its design is to provide aesthetic consistency with the surrounding neighborhoods while contributing to the community's economic vitality. It contains elements such as open space buffers, and lot dimensions that vary from those permitted in other districts as noted in Article V of this chapter. It is to include current development technologies in the areas of energy efficiency, stormwater management, transportation and building design and construction.
A.
The purposes
of the Business Neighborhood Center District are:
B.
Benefits
and objectives of the Business Neighborhood Center District:
(1)
Improved
business, employment and residential opportunities in Belchertown.
(2)
Economical
and efficient street, utility and public facility installation, construction
and maintenance through creative design.
(3)
Provision
of open and civic spaces.
(4)
Efficient
use of land in harmony with its natural features.
(5)
A
cohesive sense of community character achieved through mixed uses
and design.
(6)
Continuation
of Belchertown's leadership in implementing improved energy and infrastructure
technologies.
A.
Site plan
approval by the Planning Board is required for each development in
the Business Neighborhood Center.
B.
The parts of a development allowed under this article that are to become part of the Town's infrastructure, such as roads, stormwater management, utilities, parking and civic amenities, may be subject to Chapter 270, Subdivision of Land, of the Code of the Town of Belchertown and other municipal laws and regulations, to be determined by the respective permitting authorities during reviews.
A.
To facilitate
timely processing, promote better communication and avoid misunderstanding,
applicants are encouraged to submit conceptual materials for informal
review by the Planning Board prior to formal application for site
plan approval.
B.
Site plan
approval submission requirements. Each Business Neighborhood Center
site plan approval application and plan shall provide the following
information:
(1)
The
location and specific boundaries of the project parcel or parcels.
(2)
Signatures
of authorized representatives of each entity with ownership interest
and each applicant or applicants' agent involved in the project.
(3)
Written
approval from the appropriate governing body certifying the potential
to connect to a public sewage system and a public water supply.
(4)
Copies
of all proposed covenants, easements, agreements and other restrictions
the applicant proposes, in draft guideline form, not in final legal
form.
(5)
Demonstration
that the proposed development is consistent with this article.
(6)
Any
and all other information the Planning Board may require to assist
in determining whether the project site plan meets the objectives
and standards as set forth in this article.
C.
Review
and approval process.
(1)
The
review, notice and public hearing process for site plan approval in
the Business Neighborhood Center District shall be conducted in the
same manner as a special permit. After notice and public hearing in
accordance with MGL c. 40A, § 9, as amended, the Planning
Board shall, after due consideration of the reports and recommendations
of the Conservation Commission, Board of Health, Select Board, Director
of Public Works, Town Engineer, and any other reviewing authority,
approve a site plan, provided that the conditions and standards of
this article have been adequately met. The Planning Board may impose
reasonable conditions on its approval to ensure compliance with the
conditions and standards of this article.
[Amended 6-12-2021 ATM by Art. 14]
(2)
Site
plan approval granted under this article shall lapse within 24 months
if construction has not begun or is not continuing to proceed, except
for a good cause shown with an extension approved by the Planning
Board. An extension must be applied for at least 90 days prior to
the expiration of the site plan approval.
(3)
Strict
compliance with any zoning bylaw governing any individual aspect of
a site plan under this article, other than the residential percentage
cap, may be waived by the Planning Board where such action is not
detrimental to the public good. In such cases, any waiver on a site
plan with approval from the Planning Board supersedes the individual
bylaw governing the waiver. If the applicant requests a waiver, it
is incumbent upon the applicant to demonstrate how the proposed waiver
is not detrimental to the public good. The Planning Board reserves
the right to request a waiver when the Board deems it appropriate,
even if the applicant does not request a waiver.
D.
Fees.
(1)
Same
as the current site plan filing fee.
(2)
The
applicant shall pay all costs incurred by the Planning Board and for
all consultants utilized by the Planning Board in considering the
application for site plan approval, including but not limited to engineering,
design and legal services. The Planning Board may require payment
of such costs pursuant to MGL c.44, § 53G. The failure or
refusal of an applicant to make such payments shall constitute grounds
for denial of the application.
Lots and buildings in a Business Neighborhood Center shall meet dimensional standards that are appropriate to establish the desired form, mass, public space, and service needs of the sites, notwithstanding the requirements of Article V of this chapter. Recommended standards to establish a design basis are the following:
A.
Minimum lot size: 20,000 square feet.
B.
Minimum frontage: 100 feet.
C.
Maximum lot coverage: 80%.
D.
Minimum front setback*: 10 feet.
E.
Minimum rear setback*: 20 feet.
F.
Minimum side setback* : 15 feet.
G.
Minimum lot width: 100 feet.
H.
Maximum building height: 60 feet or three stories, with story defined in § 145-2.
Individual dimensional standards may be waived by the Planning
Board upon the Planning Board's determination that lesser standards
are consistent with the intent of this Business Neighborhood Center
bylaw.
* Setbacks may be as low as zero feet if the Planning Board
deems such to be appropriate.
A.
Permitted uses and standards.
B.
Overall district design requirements.
(1)
Pedestrian
accommodations shall take precedence over vehicular accommodations.
(2)
Parking
should be shared as much as possible to minimize curb cuts.
(3)
Solar
canopies should be considered for parking lots.
(4)
Public
transit accommodations, such as bus stops, must be integrated.
(5)
Lighting
must provide a safe pedestrian environment and minimize light trespass.
Lights must be aimed downward and not have exposed light sources.
(6)
Landscaping
must use only plants native to this region. All reasonable attempts
must be made to preserve healthy specimen trees.
C.
Building
design requirements.
(1)
Building
design must be consistent with the Planning Board's Commercial Development
Design Guidelines.
(2)
Buildings
should meet or exceed LEED or comparable "green" building standards
for energy efficiency to the greatest extent possible and economically
feasible.
(3)
Physical
maintenance of uses and buildings must be assured through restricted
covenants acceptable to the Planning Board.
D.
Residential requirements. (See Article II for definitions of dwelling units.) If any dwelling units are built, they must meet the following standards:
(1)
Residential
development not affiliated with or ancillary to a continuing care
retirement community, an assisted living, a memory care facility or
live/work units is limited to 30% of a Business Neighborhood Center
district's gross floor area as shown on a master plan for build out
of the zone as approved by the Belchertown Economic Development and
Industrial Corporation. This applies to the entire district, not the
individual parcels.
(2)
Ten
percent of all dwelling units must be permanently affordable and eligible
to be listed on the Belchertown subsidized housing inventory ("SHI")
maintained by the Massachusetts Department of Housing and Community
Development, unless waived by the Planning Board. The applicant shall
provide all documentation and cooperation reasonably necessary for
the Town to add such units to the SHI.
(3)
No
detached single-unit dwelling is permitted.
(4)
Dwelling
units in a variety of types, such as townhouses and apartments are
permissible.
(5)
Upper-story
apartments over businesses are encouraged.
(6)
Live/work units, in which the residents also work in the units, such as studios, are encouraged and shall not count toward the 30% standard in § 145-76D(1).
Schedule of uses permitted by right within the Business Neighborhood
Center District.
A.
Retail
stores, boutiques.
B.
Convenience
stores.
C.
Service
businesses.
D.
Financial,
medical and other professional offices.
E.
For-profit,
non-profit or ancillary child care facilities.
F.
Clinics
and health care facilities.
G.
Hospital.
H.
Nursing
home, elderly day care.
I.
Continuing
care retirement community.
J.
Assisted
living.
K.
Memory
care.
M.
Multiple-unit
dwelling.
N.
Live/work
units.
O.
Inns and
small lodging houses.
P.
Motels.
Q.
Hotels
and conference centers.
R.
Restaurants.
S.
Brew pubs,
micro-brewery or smaller brewery.
T.
Entertainment
venues, bars, night clubs.
U.
Theatre,
concert hall, cinema, except outdoor cinema.
V.
Indoor
sport, fitness and recreation facilities.
W.
Meeting
hall, place of assembly, for-profit club.
X.
Government
offices.
Y.
Municipal
uses.
Z.
Library.
AA.
Educational
uses.
BB.
Art
or craft center.
CC.
Museums,
galleries, etc.
DD.
Parks
and recreation facilities.
EE.
Public
parking area or garage.
FF.
Private
club, not for profit.
GG.
Religious
uses.
HH.
Funeral
establishment.
II.
Veterinary
office/hospital (small animal).
JJ.
Laboratory,
research facility.
KK.
Scientific
research, development and manufacturing.
LL.
Light
manufacturing, fabrication and assembly.
MM.
Commercial
food processing.
NN.
Wholesale
business - roofed.
A.
Subdivision
of land. If within the Business Neighborhood Center it is desired
to create frontage for separate lots and infrastructure to be conveyed
to the Town, a separate subdivision application to the Planning Board
must be made.
B.
All individual
lots in a Business Neighborhood Center must front on ways that are
either public ways or approved subdivision ways.
C.
Signs.
(1)
Recognizing
that signage needs are variable, sign size may vary by business or
use in the district. The maximum allowed size for an individual sign
in a Business Neighborhood Center is 80 square feet.
(2)
Within
a Business Neighborhood Center, intersection directional signs may
be erected with arrows indicating the businesses reached via the cross
street, with each business sign not exceeding six inches high by 36
inches long, including the arrow.
(3)
Except as provided in § 145-78C(1) and (2), signs shall conform with Article VI, § 145-22, Signs, of this chapter.
D.
Parking.
(1)
Parking
areas shared by uses are strongly encouraged. Such common parking
areas may become municipal responsibilities. If a common parking area
is to become the responsibility of the Town, it is to be accepted
in the same manner as other infrastructure conveyances. Publicly owned
parking may not be restricted to use or establishment. Privately held
common parking may be restricted to designated users.
(2)
On-street parking may be allowed in a Business Neighborhood Center with approval from the Police Department, the Fire Department, and the Select Board. When on-street parking is allowed, the number of off-street spaces required per parcel may be reduced. The amount of this reduction in off-street parking spaces is equal to the number of on-street spaces abutting the parcel's frontage. A Business Neighborhood Center is exempt from Article VI, § 145 23D(3) regarding vehicles backing onto a public way. Where one-way streets are permitted, angle on-street parking is permitted. All parking must meet ADA requirements.
[Amended 6-12-2021 ATM by Art. 14]
(3)
Parking
areas should include solar canopies and electric car charging stations
when practicable.
A.
Open space
in a Business Neighborhood Center:
(1)
Parcels
on the district's external boundary must have a buffer of at least
30 feet wide on such external zone boundary.
(2)
Open
space buffers may be naturally forested. Invasive species shall not
be permitted to remain.
(3)
Buffers
may be landscaped with native shrubs, trees and perennial plants.
B.
A developer
in a Business Neighborhood Center may be required to incorporate additional
recreational or open space beyond the required buffer as an amenity.
C.
The location,
size and shape of open space shall be subject to the approval of the
Planning Board after recommendations have been received from the Conservation
Commission or the Recreation Department.
D.
The Planning
Board may permit the following within the designated open space land:
E.
No more
than 50% of the open space land, excluding the required thirty-foot
buffer, shall constitute wetland. The term "wetland" shall be limited
to the definition of wetland as specified under MGL c. 131, § 40,
the Wetlands Protection Act, as amended. The Belchertown Conservation
Commission shall determine where the wetlands, if any, are located
on the site.
A.
Minor amendments
to site plan approval may be granted by the Planning Board upon application
and for good cause shown but without necessity of a public hearing;
provided, however, that any of the following shall be considered a
major amendment and shall be acted upon under the procedures applicable
to the initial site plan approval of:
A determination that any specific portion of this Article XIV is invalid shall not render any other part thereof invalid.
