[Amended 5-5-2018 ATM
by Art. 31]
A. No building or structure shall be constructed and no building, structure
or land, or part thereof, shall be used for any purpose or in any
manner other than:
(1)
One principal permitted use, except as hereinafter provided;
(2)
A use permitted by special permit from the Zoning Board of Appeals
or the Planning Board;
(3)
An accessory use allowed in Residential and Outlying Districts;
(4)
A residential use in the Retail Commercial and the Commercial District, which shall comply with §
250-5.1D(1).
B. Any use not specifically listed or otherwise permitted in a district herein established shall be deemed prohibited. All residential development of 10 or more units permitted pursuant to the Subdivision Control Law (MGL Chapter 41), the Lunenburg Zoning Bylaw planned residential area (§
250-5.5), and the Lunenburg Zoning Bylaw mixed residential development (§
250-5.4), in all districts shall "set aside" dwelling units for low- or moderate-income persons and families as defined by the Massachusetts Department of Housing and Community Development (DHCD) and said set-aside dwelling units shall qualify for the DHCD subsidized housing inventory for the Town of Lunenburg and shall count toward the mandate of the housing inventory threshold set in MGL Chapter 40B.
(1)
A development containing 10 or more units shall set aside 10%
of the units as moderate- or low-income units. A development containing
36 or more units shall set aside 15% of the units as moderate- or
low-income units. The set-aside units shall conform to the zoning
requirements of the zone in which the units shall be built. The set-aside
units may be developed as sale or rental units. All partial units
under this formula will be rounded to the next highest number.
(2)
The following conditions will prevail:
(a)
The low- or moderate-price set-aside units shall be dispersed
within the site.
(b)
The exterior and interior quality and appearance of the set-aside
units shall be the same as the market-price units.
(c)
The set-aside units shall be made available to qualified low-
and moderate-income persons or families in perpetuity. The Lunenburg
Housing Authority will determine the qualified persons or families
and will administer the process through a lottery.
C. Nothing in this bylaw shall prohibit, regulate or restrict the use
of land or structures in any district for the following uses:
(1)
Religious purposes or for educational purposes on land owned
or leased by the commonwealth or any of its agencies, subdivisions
or bodies politic or by a nonprofit educational corporation, except
as provided in MGL c. 40A, § 3, as amended.
(2)
Agriculture, horticulture, floriculture and viticulture as their primary purpose, provided that such uses shall be limited to parcels of land containing at least five acres or at least two acres qualified under MGL c. 40A, §
3.[Amended 11-14-2023 STM by Art. 13]
(3)
Activities accessory to activities otherwise permitted within the district as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, whether or not on the same parcel as activities permitted as a matter of right, subject to the provisions of §
250-8.3. for a special permit.
D. Uses permitted in all districts:
(2)
Municipal buildings and uses.
(3)
Conservation areas for water, plants and wildlife and dams necessary
for achieving this purpose, farming, including raising, harvesting
and storing crops, truck gardening and grazing, orchards, nurseries,
forest and tree farms and areas for horticulture and floriculture,
but not including fur farms or piggeries, provided that:
(a)
Equipment necessary for these uses is normally stored in an
enclosure.
(4)
Small wastewater treatment facilities which shall be designed
and operated in accordance with the Lunenburg Planning Board regulations
for the design, operation and maintenance of small wastewater treatment
facilities and sewage pumping stations contained in the Rules and
Regulations Governing the Subdivision of Land, provided that:
(a)
The location of such plants shall be shown on a development plan approved by the Planning Board in accordance with §
250-8.4.
(b)
The facility shall be located on a lot in conformance with the dimensional regulations in §
250-5.1 for the district in which it is located or as approved on a special permit granted under §
250-5.5, Planned residential area.
(c)
No construction shall be undertaken prior to review, approval
and granting of a disposal works construction permit by the Board
of Health.
(d)
Communal sewage or wastewater disposal or treatment systems.
[1]
In view of the high vulnerability of Lunenburg's wetlands, water
absorption areas, water-bearing bedrock fissures, groundwater supply
and individual or private wells to pollution and contamination from
sewage or wastewater disposal within the Town of Lunenburg, it is
important, in order to protect the drinking water, the public health
and the environment, that any communal or central sewage or wastewater
disposal or treatment plants or systems which may be built in Lunenburg
shall be constructed, owned, operated, monitored, maintained, repaired
and replaced by the Town rather than by private individuals, associations
or other private entities, since such plants or systems typically
handle substantial amounts of sewage, require frequent monitoring,
have a useful life far shorter than that of the building they serve
and pose a substantially greater threat to pollution or contamination
of wetlands, water absorption areas, groundwater and wells in the
event of malfunction or failure than do the smaller individual systems
serving individual homes.
[2]
For these reasons and to carry out the intent and purposes stated elsewhere in this subsection and the "Purpose" section (§
250-1.1), the use of privately constructed or privately owned, operated and maintained communal sewage or wastewater disposal or treatment systems, facilities or plants with capacity in excess of 14,999 gallons per day, serving two or more main buildings for commercial or residential use (other than institutional use) is prohibited pursuant to Massachusetts General Laws Chapter 40A (the Zoning Act), Article
II, Sections I through IX of the Amended Massachusetts Constitution (known as the "Home Rule Amendment"), and other provisions of the law. A building permit shall not be issued for a building to be served by such a privately constructed or privately owned, operated or maintained communal system or plant.
(5)
Child-care facilities, as defined by MGL c. 15D, § 1A,
as a "child-care center" or "school-aged child care program" but not
"family child-care home," provided that:
(a)
If the proposed day-care facility requires four or more parking spaces, the site to be used shall be shown on a development plan prepared by the applicant and approved by the Planning Board in accordance with those parts of §
250-8.4 deemed applicable by the Planning Board based on the scale of the application.
(b)
The lot area shall conform to the area requirements contained in §
250-5.1 or, if none is prescribed for the district in which it is located, or if it is a legal nonconforming lot, the area shall be a minimum of 20,000 square feet.
(c)
The building used for the purpose conforms to all dimensional regulations contained in Article
V which are applicable in the district in which it is located and to all requirements of Article
VI pertaining to off-street parking and loading areas, lot monuments, land, driveways and entrances, signs and performance standards, and further provided that buildings, structures, driveways, walkways, parking areas and other impervious surfaces shall not cover more than 20% of the total lot area on which the facility is located.
(d)
No building or structure shall exceed 35 feet in height in Residence
A, Residence B, Outlying, Recreation or Limited Business Districts
and shall not exceed 35 feet in height elsewhere unless shown on the
development plan and approved by the Planning Board.
(e)
With the exception of a driveway and walkway, no required front
yard shall be paved or used for the purposes of the child-care facility.
(f)
Parking areas and play areas shall be located behind the setback
line in the side or rear of the building used for a child-care facility
and shall be screened from abutting residences in the same manner
as is required in the second sentence of § 250-6.6Q(1).
(g)
Any new or remodeled structure shall be designed to be compatible
with the character of the neighborhood in which it is located.
(h)
In addition all requirements of §
250-8.4:
[1]
A traffic impact statement form designated by the Planning Board
will be completed and submitted to the Planning Board, which will
determine whether a traffic study prepared by a registered engineer
will be required.
[2]
The Planning Board shall be satisfied that there is safe access and ingress and egress to and from the site, as provided in Article
VI and §
250-8.4.
E. Prohibited uses.
(1)
Uses prohibited in all districts:
(a)
Nonpermanent residential structures, trailers and mobile homes
[except in an existing mobile home park or as provided for in § 250-4.2A(14)],
but not including recreational vehicles which are parked for a limited
time as approved by the Building Commissioner.
(b)
Nonpermanent business structures, such as trailers, trucks,
storage boxes, open-air stands and carts used for office space, retail
space, wholesale storage, except for an accessory use as permitted
in §§ 250-4.6C(1)(l) and 250-4.7B(2)(d).
(c)
Storage of explosive materials, except in accordance with the provisions of §
250-6.6A(1).
F. Small wind energy systems (SWES) and commercial wind energy systems
(CWES); uses permissible by development plan review granted by the
Planning Board.
(1)
Small wind energy system (SWES) in any district on a lot of one acre or more, subject to the provisions of §
250-6.6F(2).
(2)
Commercial wind energy system (CWES) on Town-owned property
or on 10 acres.
G. Use Table.
1[Amended 11-13-2018 STM
by Art. 15; 5-4-2019 ATM by Art.
25; 11-15-2022 STM by Art. 11; 5-6-2023 ATM by Art. 22]
RA = Residence A District
|
R = Recreation District
|
RB = Residence B District
|
VCD = Village Center District
|
O = Outlying District
|
SS = Summer Street Revitalization Overlay District
|
LB/R = Limited Business/Residential District
|
TT = Tri Town Smart Growth District
|
C = Commercial District
|
W = Whalom Overlay
|
OP/I = Office Park and Industrial District
|
|
Y = Yes
|
— = No
|
SP-PB = Special Permit
|
SP-Z = Special Permit ZBA
|
|
|
Planning Board
|
---|
4.1D
|
USES PERMITTED IN ALL DISTRICTS
|
RA
|
RB
|
O
|
LB/R
|
C
|
OP/I
|
R
|
VCD
|
SS2
|
TT2
|
W2
|
4.1.D.(1)
|
Cemeteries
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
4.1.D.(2)
|
Municipal Uses
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
4.1.D.(3)
|
Conservation Areas
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
4.1.D.(4)
|
Small Wastewater Treatment Facilities
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
4.1.D.(5)
|
Child Care Facilities
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
4.1.H
|
RESIDENT- IAL USES
|
RA
|
RB
|
O
|
LB/R
|
C
|
OP/I
|
R
|
VCD
|
SS
|
TT
|
W
|
4.1H.(1)
|
Accessory Dwelling
|
Y
|
Y
|
Y
|
Y
|
—
|
—
|
—
|
Y
|
—
|
—
|
RA-Y
|
4.1.H.(2)
|
Boarding House
|
SP-Z
|
SP-Z
|
SP-Z
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
RA-SP-PB
|
4.1H(3)
|
Multi-Family Dwelling
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
—
|
—
|
—
|
SP-Z
|
—
|
Y
|
RA-SP-PB
|
4.1H(4)
|
Single Family Dwelling
|
Y
|
Y
|
Y
|
Y
|
—
|
—
|
—
|
SP-Z
|
—
|
—
|
RA-Y
|
4.1H(5)
|
Two Family Dwelling
|
Y
|
Y
|
Y
|
Y
|
—
|
—
|
Y
|
SP-Z
|
—
|
—
|
RA-Y
|
4.1H(6)
|
Townhouse
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
—
|
—
|
—
|
—
|
—
|
—
|
SP-PB
|
4.1I
|
INSTITUT- IONAL USES
|
RA
|
RB
|
O
|
LB/R
|
C
|
OP/I
|
R
|
VCD
|
SS
|
TT
|
W
|
4.1I(1)
|
Assisted Living
|
—
|
—
|
—
|
SP-Z
|
SP-Z
|
—
|
—
|
—
|
SP-Z
|
—
|
C-SP-PB
|
4.1I(2)
|
Charitable Institution
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
Y
|
—
|
Y
|
SP-Z
|
Y
|
—
|
RA-SP-PB
|
4.1I(3)
|
Church
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
4.1I(4)
|
Educational Use
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
4.1I(5)
|
Hospital
|
SP-Z
|
SP-Z
|
SP-Z
|
—
|
SP-Z
|
—
|
—
|
—
|
—
|
—
|
RA-SP-PB
|
4.1I(6)
|
Government Building
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
—
|
Y
|
4.1I(7)
|
Public Utility
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
Y
|
Y
|
SP-Z
|
Y
|
Y
|
—
|
RA-SP-Z/C-Y
|
4.1I(8)
|
Water Supply
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
RA-Y
|
4.1J
|
RECREAT- IONAL USES
|
RA
|
RB
|
O
|
LB/R
|
C
|
OP/I
|
R
|
VCD
|
SS
|
TT
|
W
|
4.1J(1)
|
Outdoor Entertainment
|
—
|
—
|
—
|
—
|
Y
|
Y
|
Y
|
—
|
Y
|
Y
|
RA-Y
|
4.1J(2)
|
Indoor Entertainment
|
—
|
—
|
—
|
—
|
Y
|
Y
|
—
|
SP-Z
|
Y
|
—
|
C-Y
|
4.1J(3)
|
Golf Course
|
—
|
—
|
SP-Z
|
—
|
—
|
—
|
Y
|
—
|
—
|
—
|
—
|
4.1J(4)
|
Private Club
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
—
|
—
|
—
|
SP-Z
|
SP-Z
|
—
|
C-SP-Z
|
4.1J(5)
|
Private Camp
|
—
|
—
|
SP-Z
|
—
|
—
|
—
|
Y
|
—
|
—
|
—
|
—
|
4.1K
|
COMMERC- IAL USES
|
RA
|
RB
|
O
|
LB/R
|
C
|
OP/I
|
R
|
VCD
|
SS
|
TT
|
W
|
4.1K(1)
|
Adult Use
|
—
|
—
|
—
|
—
|
SP-Z
|
—
|
—
|
—
|
SP-Z
|
—
|
C-SP-Z
|
4.1K(2)
|
Auction House
|
—
|
—
|
—
|
SP-Z
|
Y
|
—
|
—
|
—
|
Y
|
—
|
C-Y
|
4.1K(3)
|
Bed & Breakfast
|
SP-Z
|
SP-Z
|
SP-Z
|
Y
|
—
|
—
|
—
|
Y
|
—
|
—
|
C-SP-Z
|
4.1K(4)
|
Drive In Theater
|
—
|
—
|
—
|
—
|
SP-Z
|
—
|
—
|
—
|
—
|
—
|
C-SP-Z
|
4.1K(5)
|
Hotel
|
—
|
—
|
—
|
—
|
SP-Z
|
—
|
—
|
—
|
—
|
—
|
C-SP-Z
|
4.1K(6)
|
Laundry Service
|
—
|
—
|
—
|
SP-Z
|
Y
|
—
|
—
|
—
|
Y
|
—
|
C-Y
|
4.1K(7)
|
Liquor Store
|
—
|
—
|
—
|
SP-Z
|
Y
|
—
|
—
|
SP-Z
|
Y
|
—
|
C-Y
|
4.1K(8)
|
Medical Clinic
|
—
|
—
|
—
|
SP-Z
|
Y
|
—
|
—
|
Y
|
Y
|
—
|
C-Y
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4.1K(9)
|
Mixed Use
|
—
|
—
|
—
|
Y
|
Y
|
—
|
—
|
Y
|
Y
|
—
|
—
|
4.1K(10)
|
Motel
|
—
|
—
|
—
|
—
|
SP-Z
|
—
|
—
|
—
|
—
|
—
|
C-Y
|
4.1K(11)
|
Office Park
|
—
|
—
|
—
|
—
|
—
|
Y
|
—
|
—
|
—
|
—
|
—
|
4.1K(12)
|
Pawn Shop
|
—
|
—
|
—
|
SP-Z
|
Y
|
—
|
—
|
—
|
SP-Z
|
—
|
C-Y
|
4.1K(13)
|
Personal Improvement Service
|
—
|
—
|
—
|
SP-Z
|
Y
|
—
|
—
|
Y
|
Y
|
C-Y
|
—
|
4.1K(14)
|
Professional Office
|
—
|
—
|
—
|
SP-Z
|
Y
|
—
|
—
|
Y
|
Y
|
—
|
C-Y
|
4.1K(15)
|
Retail Establishment
|
—
|
—
|
—
|
Y
|
Y
|
—
|
—
|
Y
|
Y
|
—
|
C-Y
|
4.1K(16)
|
Restaurant
|
—
|
—
|
—
|
Y
|
Y
|
—
|
—
|
Y
|
Y
|
—
|
C-Y
|
4.1K(17)
|
Restaurant, Carry-Out
|
—
|
—
|
—
|
Y
|
Y
|
—
|
—
|
SP-Z
|
Y
|
—
|
C-Y
|
4.1K(18)
|
Service Establishment
|
—
|
—
|
—
|
Y
|
Y
|
—
|
—
|
—
|
Y
|
—
|
C-Y
|
4.1K(19)
|
Shopping Center
|
—
|
—
|
—
|
—
|
SP-Z
|
—
|
—
|
—
|
SP-Z
|
—
|
C-SP-Z
|
4.1K(20)
|
Self-Storage
|
—
|
—
|
—
|
—
|
SP-Z
|
SP-Z
|
—
|
—
|
—
|
—
|
—
|
4.1L
|
HEAVY COMMERC- IAL USE
|
RA
|
RB
|
O
|
LB/R
|
C
|
OP/I
|
R
|
VCD
|
SS
|
TT
|
W
|
4.1L(1)
|
Auto Sales
|
—
|
—
|
—
|
—
|
SP-Z
|
—
|
—
|
—
|
SP-Z
|
—
|
—
|
4.1L(2)
|
Auto Repair Facility
|
—
|
—
|
—
|
—
|
SP-Z
|
—
|
—
|
—
|
SP-Z
|
—
|
C-SP-Z
|
4.1L(3)
|
Boat Service Yard
|
—
|
—
|
—
|
—
|
SP-Z
|
—
|
—
|
—
|
SP-Z
|
—
|
C-SP-Z
|
4.1L(4)
|
Car Wash
|
—
|
—
|
—
|
—
|
SP-Z
|
—
|
—
|
—
|
Y
|
—
|
C-SP-Z
|
4.1L(5)
|
Construction Sales & Service
|
—
|
—
|
—
|
—
|
Y
|
Y
|
—
|
—
|
SP-Z
|
—
|
—
|
4.1L(6)
|
Contractor Yard
|
—
|
—
|
—
|
—
|
SP-Z
|
Y
|
—
|
—
|
—
|
—
|
—
|
4.1L(7)
|
Equipment Sales
|
—
|
—
|
—
|
—
|
SP-Z
|
Y
|
—
|
—
|
SP-Z
|
—
|
C-SP-Z
|
4.1L(8)
|
Equipment Repair Service
|
—
|
—
|
—
|
—
|
SP-Z
|
Y
|
—
|
—
|
SP-Z
|
—
|
C-SP-Z
|
4.1L(9)
|
Fuel Service Station
|
—
|
—
|
—
|
—
|
SP-Z
|
—
|
—
|
—
|
SP-Z
|
—
|
C-SP-Z
|
4.1L(10)
|
Repair Shop
|
—
|
—
|
—
|
Y
|
Y
|
—
|
—
|
—
|
Y
|
—
|
C-Y
|
4.1L(11)
|
Trade Shop
|
—
|
—
|
—
|
—
|
Y
|
Y
|
—
|
—
|
Y
|
—
|
C-Y
|
4.1M
|
INDUSTR- IAL USES
|
RA
|
RB
|
O
|
LB/R
|
C
|
OP/I
|
R
|
VCD
|
SS
|
TT
|
W
|
4.1M(1)
|
Distribution
|
—
|
—
|
—
|
—
|
—
|
Y
|
—
|
—
|
—
|
—
|
—
|
4.1M(2)
|
Industrial Parks
|
—
|
—
|
—
|
—
|
—
|
Y
|
—
|
—
|
—
|
—
|
—
|
4.1M(3)
|
Manufacturing
|
—
|
—
|
—
|
—
|
—
|
Y
|
—
|
—
|
—
|
—
|
—
|
4.1M(4)
|
Research Establishment
|
—
|
—
|
—
|
—
|
—
|
SP-Z
|
|
|
|
|
|
4.1N
|
OTHER USES
|
RA
|
RB
|
O
|
LB/R
|
C
|
OP/I
|
R
|
VCD
|
SS
|
TT
|
W
|
4.1N(1)
|
Agriculture
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
4.1N(2)
|
Agricultural Sales & Service
|
SP-Z
|
SP-Z
|
SP-Z
|
SP-Z
|
Y
|
—
|
—
|
—
|
SP-Z
|
—
|
C-Y
|
4.1N(3)
|
Earth Removal
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
4.1N(4)
|
Kennel
|
SP-Z
|
SP-Z
|
SP-Z
|
—
|
SP-Z
|
—
|
—
|
—
|
—
|
—
|
C-SP-Z
|
4.1N(5)
|
Veterinary Hospital
|
SP-Z
|
SP-Z
|
SP-Z
|
—
|
SP-Z
|
—
|
—
|
—
|
—
|
SP-Z
|
—
|
250-4.13
|
Large Solar Energy Systems
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
250-4.14
|
Registered Marijuana Dispensaries
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
SP-PB
|
4.1O
|
Non-Medical Marijuana Uses
|
RA
|
RB
|
O
|
LB/R
|
C
|
OP/I
|
R
|
VCD
|
SS
|
TT
|
W
|
4.1O(1)
|
Marijuana cultivator
|
—
|
—
|
—
|
—
|
—
|
SP-PB
|
—
|
—
|
—
|
—
|
—
|
4.1O(2)
|
Marijuana Product Manufacturer
|
—
|
—
|
—
|
—
|
—
|
SP-PB
|
—
|
—
|
—
|
—
|
—
|
4.1O(3)
|
Marijuana Testing Facility
|
—
|
—
|
—
|
—
|
—
|
SP-PB
|
—
|
—
|
—
|
—
|
—
|
4.1O(4)
|
Marijuana Retailer
|
—
|
—
|
—
|
—
|
SP-PB
|
SP-PB
|
—
|
—
|
SP-PB
|
—
|
—
|
4.1O(5)
|
Marijuana Transporter
|
—
|
—
|
—
|
—
|
—
|
SP-PB
|
—
|
—
|
—
|
—
|
—
|
4.1O(6)
|
Marijuana Researcher
|
—
|
—
|
—
|
—
|
—
|
SP-PB
|
—
|
—
|
—
|
—
|
—
|
1.
|
Any use not defined or included in the Use Table shall be considered
prohibited in all Districts.
|
2.
|
In the Use Table those uses listed under the Overlay Districts
are applicable only when using the provisions of the subject Overlay
District. Otherwise, the existing underlying Zoning District and its
allowed uses will apply.
|
H. Residential uses.
(1)
Accessory Dwelling: A secondary dwelling unit established in
conjunction with and clearly subordinate to a primary dwelling unit,
whether a part of the same structure as the primary dwelling unit
or a detached dwelling unit on the same lot. The dwelling shall include
a separate, complete housekeeping unit with a separate entrance, kitchen,
sleeping area, and full bathroom facilities. Given that it meets the
following criteria:
(a)
The primary building has at least twelve hundred (1,200) square
feet of floor area.
(b)
The entire structure used for dwellings shall not occupy more
than fifty (50%) percent of the lot area.
(c)
There is at least one (1) off street parking space for each
bedroom or efficiency apartment in the converted portion of the structure,
which space shall be provided in conjunction with other parking facilities.
(d)
There is provision for screening by fencing or landscaping of
outside storage areas.
(e)
No accessory unit shall have a floor area of less than five
hundred (500) square feet plus one hundred (100) square feet for each
bedroom over one.
(f)
The floor area of the accessory unit shall not be more than
thirty 30% percent of the normally habitable floor area of a combination
of the dwelling units, after conversion.
(g)
Each unit shall be a complete and independent housekeeping unit,
containing a bedroom or bedroom/living room combination, bathroom
and kitchen or kitchenette and shall have a separate entrance.
(h)
The exterior appearance of the structure shall not be altered
except for:
[1]
Stairways and exits required by law.
[2]
Consistent with the original architecture of the structure.
(i)
The lot and all structures shall be owned in common and one
(1) of the units shall be occupied by the property owner.
(j)
If the second unit is discontinued and integrated into the original
structure design, the owner shall notify the Inspector of Buildings
in writing.
(k)
No permit for accessory housing granted hereunder shall take
effect sooner than one (1) year after occupancy of the primary dwelling,
nor until the owner/petitioner records the authorization in the applicable
Registry of Deeds at his own expense.
(l)
All permits for accessory housing must be secured before any
construction is undertaken.
(2)
Boarding House: A single-family dwelling where more than two,
but fewer than six rooms are provided for lodging for definite periods
of times. Meals may or may not be provided, but there is one common
kitchen facility. No meals are provided to outside guests.
(3)
Multi-Family Dwelling: A building consisting of not more than
four dwelling units which are attached by common vertical walls and
each unit having a separate or combined entrance or entrances.
(4)
Single Family Dwelling: A detached building on a single lot
containing one dwelling unit, or a factory-assembled structure constructed
to state building code standards.
(5)
Two-Family Dwelling: A residential structure designed to house
a single-family unit from lowest level to roof, with a private outside
entrance, but not necessarily occupying a private lot, and sharing
a common wall adjoining dwelling units.
(6)
Town House: Single-family attached unit in structures housing
three or more dwelling units, contiguous to each other only by the
sharing of one common bearing or party wall; such structures are to
be of the townhouse or rowhouse type as contrasted to multiple-dwelling
apartment structures. No single structure shall contain in excess
of five dwelling units and each dwelling unit shall have separate
and individual front and rear entrances.
I. Institutional uses.
(1)
Assisted Living: A special combination of housing, supportive
services, personalized assistance, and health care designed to respond
to the individual needs of those who need help with activities of
daily living. A facility with a central or private kitchen, dining,
recreational, and other facilities, with separate bedrooms or living
quarters, where the emphasis of the facility remains residential.
(2)
Charitable Institution: Any entity which: (1) has been certified
as a not-for-profit organizations under Section 501(c)(3) of the Internal
Revenue code, and (2) has religious, charitable, or eleemosynary functions
or is a religious or charitable organization. As used in this definition,
a charitable organization is an organization which exclusively, and
in a manner consistent with existing laws and for the benefit of an
indefinite number of persons, freely and voluntarily ministers to
the physical, mental, or spiritual needs of persons, and which thereby
lessens the burdens of government.
(3)
Church: A building wherein persons regularly assemble for religious
worship and which is maintained and controlled by a religious body
organized to sustain public worship, together with all accessory buildings
and uses customarily associated with such primary purpose. Includes
synagogue, temple, mosque, or other such place for worship and religious
activities.
(4)
Educational Use: Use of land or a building or buildings as or
for an institution not for profit but for the establishment and maintenance
of a public or private college, secondary, elementary, trade or vocational
school or other educational institution for the academic instruction
and cultivation of the mind and/or the inculcation of a clearer sense
of moral and spiritual values.
(5)
Hospital: An institution, licensed by the state department of
health, providing primary health services and medical and/or surgical
and/or mental health care to persons, primarily inpatients, suffering
from illness, disease, injury, deformity, and other physical or mental
conditions, and including as an integral part of the institution,
related facilities such as laboratories, outpatient facilities, or
training facilities.
(6)
Government Building: Any building held, used, or controlled
exclusively for public purposes by any department or branch of government,
state, county, or municipal, without reference to the ownership of
the building or of the realty upon which it is situated. A building
belonging to or used by the public for the transaction of public or
quasi-public business.
(7)
Public Utility: All lines and facilities related to the provision,
distribution, collection, transmission, or disposal of water, storm
and sanitary sewage, oil, gas, power, information, telecommunication
and telephone cable, and includes facilities for the generation of
electricity. Facilities shall be licensed by the Department of Public
Utilities (DPU).
(8)
Water Supply: A system for the provision to the public of piped
water for human consumption if the system serves 15 or more service
connections or which regularly serves 25 or more individuals. The
term includes: (a) any collection, treatment, storage, or distribution
facility under control of the operator of the system and used primarily
in connection with the system; and (b) any collection or pretreatment
storage facility not under the control of the operator of the system
which is used primarily in connection with the system.
J. Recreation uses.
(1)
Outdoor Entertainment: Any establishment whose main purpose
is to provide the general public with an amusing or entertaining activity
and where tickets are sold or fees are collected for the activity.
Includes, but not limited to, skating rinks, water slides, miniature
golf courses, arcades, bowling alleys, and billiard halls, but not
movie theaters.
(2)
Indoor Entertainment: An establishment providing completely
enclosed recreation activities. Accessory uses may include the preparation
and serving of food or the sale of equipment related to the enclosed
uses. Included in this definition shall be bowling, rollerskating
or ice-skating, billiards, pool, motion picture theaters, and related
amusements.
(3)
Golf ourse: A tract of land laid out with at least nine holes
for playing a game of golf and improved with tees, greens, fairways,
and hazards. A golf course may include a clubhouse, restaurant, golf-related
retail, restrooms, driving range, and shelters as accessory uses.
(4)
Private Club: A facility open only to bona fide members and
guests of the private organization operating the facility. This includes
recreational centers for the exclusive use of members and their guests
with facilities that may include swimming pools and/or tennis courts,
but specifically excluding golf courses.
(5)
Private Camp: Land under single ownership and management having
tents, buildings, or other shelters (not including recreational vehicles
or mobile homes) for recreational or educational purposes and accommodating
four or more people for two or more days, or portions thereof.
(6)
Recreation: The refreshment of body and mind through forms of
play, amusement, or relaxation. The recreational experience may be
active, such as boating, fishing, and swimming, or may be passive,
such as enjoying the natural beauty of the shoreline or its wildlife.
K. Commercial uses.
(1)
Adult Use: Adult uses, as defined by Section 9A of Chapter 40A,
provided that:
(a)
All buildings containing adult uses are at least two hundred
fifty (250) feet from an existing residence, school or place of worship
and are at least five hundred (500) feet from an existing Residential
or Outlying District boundary.
(b)
All parking is in the rear of the setback line and is screened
from view of abutting properties.
(c)
All signs shall be approved by Development Plan Review and the
Planning Board shall review the size, location, number, design, color
and content to determine a public nuisance or be incompatible with
the character of the community and, as to content, to determine only
that the sign or signs are not obscene.
(d)
All requirements of Section 9A of Chapter 40A are met including
that no Special Permit is granted to a person(s) who have been convicted
of violating the provisions of Section 63 of Chapter 119 or Section
28 of Chapter 272 of MGL.
(e)
The Board of Selectmen may require that a security guard be
on the premises during all or some hours of operation.
(2)
Auction House: A building, area, or areas within a building
used for the public sale of goods, wares, merchandise, or equipment
to the highest bidder. This definition excludes therefrom an auction,
the principal purpose of which is the sale of livestock or motor vehicles.
(3)
Bed & Breakfast: Bed and Breakfast, or Bed and Breakfast
Establishment provided that:
(a)
The use complies with the Commonwealth's [MGL 64b Section I
(a) and/or (b)] definition of Bed and Breakfast, or Bed and Breakfast
Establishment provided the dwelling is owner occupied.
(b)
The lot conforms to all dimensional requirements of the Zoning
Bylaw.
(c)
Parking for each room available for rent is provided in the
side yard behind the setback line or in the rear yard, but not nearer
than ten (10) feet to any property line. One (1) parking place shall
be provided for each bedroom.
(d)
The outside appearance of the building is not altered except
to comply with the Building Code.
(4)
Drive-in Theater: An open lot or part thereof, with its appurtenant
facilities, devoted primarily to the showing of moving pictures on
a paid admission basis to patrons seated in automobiles, this does
not include Adult Theaters.
(5)
Hotel: An establishment providing, for a fee, sleeping accommodations,
which are generally accessed through a lobby, corridor or internal
hallway and customary lodging services, including maid service, the
furnishing and upkeep of furniture and bed linens, and telephone and
desk service. Related ancillary uses may include but shall not be
limited to conference and meeting rooms, restaurants, bars, and recreational
facilities.
(6)
Laundry Service: A business that provides washing, drying, and/or
ironing services for a fee or machines for hire to be used by customers
on the premises.
(7)
Liquor Store: Any business selling general alcoholic beverages,
including distilled spirits or hard liquor, beer, wine and malt beverages
for off-premises consumption.
(8)
Medical Clinic: A facility operated by a collected group of
physicians, dentists, chiropractors or other licensed practitioners
of the healing arts for the examination and treatment of persons solely
on an outpatient basis. This is contrasted with an unrelated group
of such offices.
(9)
Mixed Use: A combination of commercial and residential uses
within a single building or lot. In the case of uses that require
a Special Permit, a Zoning Board of Appeals decision must be rendered
on the use prior to filing for Planning Board Site Plan Approval.
(10)
Motel: A building or series of buildings in which lodging is
offered for compensation, and which is distinguished from a hotel
primarily by reason of providing direct independent access to, and
adjoining parking for, each rental unit.
(11)
Office Park: A development on a tract of land that contains
a number of separate businesses, offices, light manufacturing facilities,
accessory and supporting uses, and common open space designed, planned,
and constructed on an integrated and coordinated basis.
(12)
Pawn Shop: An establishment that engages, in whole or in part,
in the business of loaning money on the security of pledges of personal
property, or deposits or conditional sales of personal property, or
the purchase or sale of personal property.
(13)
Personal Improvement Service: A business primarily providing
instruction and/or facilities for dancing, martial arts, music instruction,
physical exercise, fitness training, or other voluntary physical or
mental health services not related to a medical diagnosis.
(14)
Professional Office: Offices or studios of professional or service
occupations or agencies which are characterized by low traffic and
pedestrian volumes, lack of distracting, irritating, or sustained
noise, and low density of building developments. This includes but
is not limited to accountant, appraiser, architect, engineer, insurance
adjuster, landscape architect, lawyer, consultant, secretarial agency,
bonding agency, real estate, mortgage or title agency, and investment
agency.
(15)
Retail Establishment: Sale or rental with incidental service
of commonly used goods and merchandise for personal or household use
but excludes those classified more specifically by definition.
(16)
Restaurant: An establishment where food and/or beverages are
prepared, served, and consumed, and whose principal method of operation
includes one or both of the following characteristics: (1) customers
are normally provided with an individual menu and served their food
and beverages by a restaurant employee al the same table or counter
where the items are consumed; or (2) a cafeteria-type operation where
food and beverages generally are consumed within the restaurant building.
(17)
Restaurant, Carry-Out: A restaurant where food, frozen dessert,
or beverages are primarily sold in disposable packaging, ready-to-consume,
and is intended for ready consumption by the customer on or off the
premises.
(18)
Service Establishment: Any establishment whose primary activity
is the provision of assistance, as opposed to products, to individuals,
business, industry, government, and other enterprises.
(19)
Shopping Center: A single piece of real estate containing more
than three commercial establishments and a total business space of
more than 5,000 square feet planned, constructed, and managed as a
total entity with customer and employee parking provided on site.
(20)
Self-Storage: A building or group of buildings of a controlled-access
and/or fenced compound that contains compartmentalized and controlled-access
stalls or lockers, for the storage of customers' goods or wares.
[Added 5-6-2023 ATM by Art. 22]
L. Heavy commercial uses.
(1)
Auto Sales: Any business establishment that sells or leases
new or used automobiles, trucks, vans, trailers, off highway use recreational
vehicles, or motorcycles or other similar motorized transportation
vehicles. Dealerships may maintain an inventory of the vehicles for
sale or lease either on-site or at a nearby location and may provide
on-site facilities for the repair and service of vehicles as an accessory
use.
(2)
Auto Repair Facility: Any building, structure, improvements,
or land used for the repair and maintenance of automobiles, motorcycles,
trucks, trailers, or similar vehicles including but not limited to
body, fender, muffler, or upholstery work, oil change and lubrication,
painting, tire service and sales, or installation of remote start,
car alarms, and/or stereo equipment.
(3)
Boat Service Yard: Facility (which could include a boat repair
garage, boat storage yard) where boats are repaired and stored until
repairs are completed.
(4)
Car Wash: Mechanical facilities for the washing and/or waxing
and/or detailing of private automobiles, light trucks and vans. The
use of personnel for one or more phases of this operation in conjunction
with or without complete automatic or mechanical devices does not
alter its classification and coin-operated devices operated on a self-service
basis shall be construed to be the same. This definition is not applicable
to fleet vehicle and truck wash facilities not open to the public.
(5)
Construction Sales and Service: Establishments or places of
business primarily engaged in retail or wholesale sale, from the premises,
of materials and light equipment used in the construction of buildings,
landscape features or other structures, but specifically excluding
automobile or heavy equipment supplies, sales and rentals.
(6)
Contractor Yard: Any land or buildings housing the offices of
and used for the storage of equipment, vehicles, machinery (new or
used), building materials, paints, pipe, or electrical components
used by the owner or occupant of the premises in the conduct of any
building trades or building craft.
(7)
Equipment Repair Service: Establishments primarily engaged in
the repair of tools, trucks, tractors, construction equipment, agricultural
implements, and similar industrial equipment. Included in this use
type is the incidental storage and/or sale of such pre-owned equipment.
(8)
Equipment Sales: Establishments primarily engaged in the sale
or rental of tools, trucks, construction equipment, and similar industrial
equipment. Included in this use type is the incidental storage, maintenance,
and servicing of such equipment.
(9)
Fuel Service Station: That portion of property where flammable
or combustible liquids or gases used as fuel are stored and dispersed
from fixed equipment into the fuel tanks of motor vehicles. Such an
establishment may offer for sale at retail other convenience items
as a clearly secondary activity, repair service, and may also include
a freestanding automatic car wash.
(10)
Outdoor Storage/Display: An outdoor arrangement of objects,
items, products, or other materials, typically not in a fixed position
and capable of rearrangement, designed and used for the purpose of
advertising or identifying a business, product, or service.
(11)
Repair Shop: Establishments primarily engaged in the provision
of repair services to individuals but excluding automotive and equipment
repair use types. Typical uses include appliance repair shops, shoe
repair, watch or jewelry repair shops, or repair of musical instruments.
(12)
Trade Shop: Building or portion of a building used to conduct
the business of a carpenter, cabinetmaker, electrician, painter, paperhanger,
plumber, printer, sign painter, upholsterer or similar tradesman or
artisan.
M. Industrial uses.
(1)
Distribution: Storage, wholesale, and shipment or movement of
manufactured products, supplies, and equipment, excluding bulk storage
of materials that are inflammable or explosive or that present hazards
or conditions commonly recognized as offensive.
(2)
Industrial Parks: A planned, coordinated development of a tract
of land with two or more separate lots or industrial buildings. Such
development is planned, designed, constructed, and managed on an integrated
and coordinated basis with special attention given to on-site vehicular
circulation, parking, utility needs, building design, orientation,
and open space.
(3)
Manufacturing: The mechanical or chemical transformation of
materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials including but not limited to oils, plastics, resins, etc.,
which by the nature of the materials, equipment, and process utilized
are not objectionable by reason of odor, radiation, noise, vibration,
gas fumes, dust, smoke, refuse matter or water-carried waste.
(4)
Research Establishment: Laboratories or other facilities that
perform research, development, and testing but whose activities do
not involve the mass manufacture, fabrication, processing, or sale
of products. Such uses shall not violate any odor, dust, smoke, gas,
noise, radiation, vibration, or similar pollution standard.
N. Other uses.
(1)
Agriculture: Activities including but not limited to.
(a)
Farming in all its branches and the cultivation and tillage
of the soil.
(c)
Production, cultivation, growing and harvesting of any agricultural,
floricultural, viticulture or horticultural commodities.
(d)
Growing and harvesting of forest products upon forest land and
any other forestry or lumbering operations.
(e)
Keeping and raising of livestock, horses, poultry, swine, cattle
sheep, ratites (such as emus, ostriches, rheas) and camelids (such
as llamas and alpacas) and other domesticated animals for food or
other agricultural purpose, including bees and fur bearing animals.
(2)
Agriculture Sales and Service: A use primarily engaged in the
sale or rental of farm tools and implements, feed, grain, tack, animal
care products, farm supplies, agricultural machinery, equipment, and
supplies for use in soil preparation and maintenance, the planting
and harvesting of crops, and other operations and processes pertaining
to farming and ranching. This includes food sales and farm machinery
repair services that are accessory to the principal use.
(3)
Earth Removal: The removal, extraction, excavation, fill, or
grading for any purpose of soil, sand, shell, limestone, dolomite,
gravel, ore, rock, clay, peat, or any material by whatever process.
(4)
Kennel: The boarding, breeding, raising, grooming, or training
of two or more dogs, cats, or other household pets of any age not
owned by the owner or occupant of the premises, and/or for commercial
gain.
(5)
Veterinary Hospital:. Any facility maintained by or for the
use of a licensed veterinarian in the diagnosis, treatment, or prevention
of animal health conditions wherein the animals are limited to dogs,
cats, or other comparable household pets and wherein the overnight
care of said animals is prohibited except when necessary in the medical
treatment of the animal.
O. Non-Medical Marijuana Uses.
[Added 5-4-2019 ATM by
Art. 25]
(1)
"Marijuana cultivator," an entity licensed to cultivate, process
and package marijuana, to deliver marijuana to Marijuana Establishments
and to transfer marijuana to other Marijuana Establishments, but not
to consumers.
(2)
"Marijuana product manufacturer," an entity licensed to obtain,
manufacture, process and package marijuana and marijuana products,
to deliver marijuana and marijuana products to Marijuana Establishments
and to transfer marijuana and marijuana products to other Marijuana
Establishments, but not to consumers.
(3)
"Marijuana testing facility," an entity licensed to test marijuana
and marijuana products, including certification for potency and the
presence of contaminants.
(4)
"Marijuana retailer," an entity licensed to purchase and deliver
marijuana and marijuana products from Marijuana Establishments and
to deliver, sell or otherwise transfer marijuana and marijuana products
to Marijuana Establishments and to consumers.
(5)
"Marijuana Transporter" an entity with a fixed location not
otherwise licensed by the Commission, that is licensed to purchase,
obtain, and possess cannabis or marijuana product solely for the purpose
of transporting, temporary storage, sale and distribution to Marijuana
Establishments, but not to consumers. Marijuana Transporters may be
an Existing Licensee Transporter or Third Party Transporter.
(6)
"Marijuana Researcher Facility" an entity licensed to cultivate,
purchase, or otherwise aquire marijuana for the purpose of conducting
research regarding marijuana products.
[Amended 5-5-2018 ATM
by Art. 31]
A. Accessory uses:
(1)
Temporary placement of a mobile home or trailer for temporary
use as a dwelling notwithstanding provisions herein contained to the
contrary, provided, however:
(a)
Such use is necessary to provide housing for occupants of a
dwelling house (exclusive of a summer camp) which has recently been
rendered uninhabitable by fire or other disaster.
(b)
The dwelling was being continuously used as a dwelling at the
time of disaster and the Building Commissioner has determined after
examination that the dwelling house is uninhabitable without immediate
and substantial repairs.
(c)
Such temporary use of the premises shall not exceed one (1)
year from the date of the granting of the permit, but application
for an extension of the time may be made to the Building Official
who shall be governed by the same provisions as in the granting of
the original permit, so far as applicable, provided no extension shall
extend such use beyond two (2) years from the original granting of
such permit.
(d)
Mobile homes and trailers used as temporary owner living quarters
during construction of a permanent home shall be permitted only after
the building permit and other required permits for the permanent structure
have been issued, and a temporary permit has been granted by the Building
Official, which temporary permit shall be granted only for a determined
length of time up to, but not more than one (1) year.
(2)
The raising or keeping of poultry, saddle horse(s), livestock or other farm animals for non-commercial use on properties that are not exempt under the General Laws Chapter 40A Section
3.
(3)
Tool shed, playhouse, tennis/basketball court, boat house or
other structure for domestic use; private garage for motor vehicles,
but not including more than one (a) commercial vehicle used for a
commercial enterprise or more than one (1) school bus or farm vehicles.
(4)
The use of a room or rooms, in a dwelling or building accessory
thereto by a resident of the premises as an office, studio or workroom
for a home occupation, provided that:
(a)
Such use is clearly incidental and secondary to the use of the
premises for dwelling purposes,
(b)
Not more than (2) two persons other than residents of the premises
are regularly employed thereon in connection with such use,
(c)
No stock in trade is regularly maintained, except for products
of the occupation itself or for goods or materials which are customarily
stored, used or sold incidental to its performance,
(d)
From the exterior of the building so used, there is not visible
any display of goods or products, storage of materials or equipment,
regular parking of commercial vehicles or any other exterior indication
that the premises are being utilized for any purpose other than residential
(except for an accessory sign).
[Amended 5-5-2018 ATM
by Art. 31]
A. Special conditions and design standards:
(1)
Night lighting of parking areas shall be directed downward,
not affect abutting properties and be Dark Sky Compliant.
(2)
Landscaped or naturally vegetated buffers shall be provided
along the periphery of the property.
(3)
Outdoor facilities which generate noise, such as swimming pool
or a shooting range, shall be located and buffered so as not to be
a nuisance and an unenclosed pool, if any, shall be set back from
any public street at least two (200) feet.
(4)
Natural features shall be preserved to the maximum extent practicable.
(5)
Stone walls and man-made features which improve or contribute
to the character of the area shall be maintained where possible.
(6)
Service areas shall be screened from active recreation areas.
(7)
Reasonable mitigation measures shall be taken to address traffic,
parking and safety (including road safety) concerns posed by the proposed
development. The Planning Board will review measures during Site Plan
Approval as deemed necessary.
(8)
There shall be more than one (1) means of access.
(9)
All residents of the Town shall be eligible for membership.
(10)
In the case proposed proposal is adjacent to a Planned Residential
Area, special care will be taken to coordinate the development with
the Planned Residential Area.
(11)
Maximum capacity limitations shall be established by the Licensing Authority for accessory facilities, including restaurants and function rooms, after recommendations from appropriate Town Boards, including (but not necessarily limited to) the Planning Board, Board of Health, Fire Chief, Building Official and Police Chief. Maximum capacity limitations shall be based on, but not limited to, the following criteria, but in no case shall exceed two hundred (200) persons; provision for adequate off-street parking in accordance with Section
250-6.1 of this Code of Lunenburg; provision for adequate wastewater disposal; provision for adequate refuse disposal provision for crowd control and security; and no adverse impact on adjacent uses.
(12)
No more than ten (10) percent of the total lot area shall be
covered by an impervious surface.
[Amended 5-5-2018 ATM
by Art. 31]
A. Accessory uses:
(1)
Function Facility, allowed only as an accessory to Bed &
Breakfast, Hotel, Farm, and Restaurant uses, to serve as a facility
for meetings and other functions to include reception, dinners, weddings
and business and civic meetings and similar social affairs and further
provided that:
(a)
The building is located on a lot of at least two (2) acres.
(b)
The primary structure plus accessory buildings devoted to the
use shall contain at least three thousand (3,000) square feet of floor
area.
(c)
Additions to the floor areas, if any, shall not exceed fifty
(50%) percent of the existing floor area and shall conform to the
architectural style of the existing building.
(d)
The number of persons attending events shall be determined by
the maximum number allowed by Building Code, the Board of Health Regulations
and/or the Sewer Commission Permit.
(e)
The number of events in any calendar year shall be determined
during the Site Plan Approval process.
(f)
Anticipated parking shall be provided and parking of over fifty
(50) vehicles may require a traffic policeman at the discretion of
the Police Department.
(g)
Outside lighting or music, if any, shall not extend beyond ten
(10) PM and shall be limited in so far as possible to the property
on which the use is located. No lighting shall be reflected into adjacent
abutters' properties. The level of sound shall be no higher than 70
decibels at the property line or beyond.
(h)
Tents or suitable enclosures to be used in connection with an
event shall be located within the setback and shall be erected and
removed within twenty-four (24) hours of the beginning and end of
the event.
(2)
Catering Service.
(a)
Kitchen and cooking facilities, allowed only as an accessory
to Bed & Breakfast Hotel and Restaurant uses. On the premise and
off site catering must meet Board of Health Regulations and/or any
other pertinent permitting requirement.
(b)
Any vehicle identified for business used in connection with
making catering deliveries must be garaged or parked in an in conspicuous
location on the property, preferably the rear of the structure, if
practicable.
(3)
Any use allowed by right or special permit within the zoning
district provided that:
(a)
They are associated with the primary use of the property.
(b)
They comprise no more than thirty five percent (35%) of the
gross floor area of the building.
(c)
Any permissible Accessory Use that comprises greater than thirty
five percent (35%) of the gross floor area may be allowed by Special
Permit from the Zoning Board of Appeals.
(4)
Drive Through Service may be allowed by Special Permit from
the Planning Board in the Commercial and Office/Industrial Park Districts.
In the approval of the Special Permit the Planning Board shall take
the following items into consideration:
(a)
The minimum space available for vehicles to queue on-site shall
not be less than ten (10) cars.
(b)
That the drive through service window be located on the side
or rear of the building.
(c)
The lane accessing the drive through service window shall not
restrict other vehicular access around the building.
(5)
Outdoor Storage/Display may be allowed by Special Permit from
the Zoning Board of Appeals with the following conditions.
(a)
All outdoor storage, excluding that specifically designated
for display, shall be screened as to not be visible from abutting
properties and/or the public right of way.
(b)
Display may be permitted in areas visible from the public Right-of-Way
and neighboring properties, provided it does not create a nuisance
by the introduction of noise, vibration, dust or other physical or
sensory impact on abutting properties.
(c)
No storage or display shall be permitted within the required
building setbacks.
(d)
No storage or display shall be allowed in any area that would
interfere with parking, loading, travel or pedestrian facilities that
are required by law.
B. Special conditions & design standards:
(1)
The architectural style of the original structure shall not
be altered and new construction shall be of a residential style consistent
with the present residences.
(2)
There shall be no drive-through window service.
(3)
All parking shall be off-street, shall not be located within
the required setback of the principal building or in an area approved
in the Site Plan Review.
(4)
There shall be no exterior storage, display or sales, without
obtaining a Special Permit.
(5)
There shall be no exterior structural evidence of the non-residential use of the structure, with the exception of signs conforming with the provisions of Section
250-6.5 of the Code of Lunenburg.
[Amended 5-5-2018 ATM
by Art. 31]
A. Accessory uses:
(1)
Function Facility, allowed only as an accessory to Bed &
Breakfast, Hotel, Farm, and Restaurant uses, to serve as a facility
for meetings and other functions to include reception, dinners, weddings
and business and civic meetings and similar social affairs and further
provided that:
(a)
The building is located on a lot of at least two (2) acres.
(b)
The primary structure plus accessory buildings devoted to the
use shall contain at least three thousand (3000) square feet of floor
area.
(c)
Additions to the floor areas, if any, shall not exceed fifty
(50) per cent of the existing floor area and shall conform to the
architectural style of the existing building.
(d)
The number of persons attending events shall be determined by
the maximum number allowed by Building Code, the Board of Health Regulations
and/or the Sewer Commission Permit.
(e)
The number of events in any calendar year shall be determined
during the Site Plan Approval process.
(f)
Anticipated parking shall be provided and parking of over fifty
(50) vehicles may require a traffic policeman at the discretion of
the Police Department.
(g)
Outside lighting or music, if any, shall not extend beyond ten
(10) PM and shall be limited in so far as possible to the property
on which the use is located. No lighting shall be reflected into adjacent
abutters' properties. The level of sound shall be no higher than 70
decibels at the property line or beyond.
(h)
Tents or suitable enclosures to be used in connection with an
event shall be located within the setback and shall be erected and
removed within twenty-four (24) hours of the beginning and end of
the event.
(2)
Catering service.
(a)
Kitchen and cooking facilities, allowed only as an accessory
to Bed & Breakfast Hotel and Restaurant uses. On the premise and
off site catering must meet Board of Health Regulations and/or any
other pertinent permitting requirement.
(b)
Any vehicle identified for business used in connection with
making catering deliveries must be garaged or parked in an in conspicuous
location on the property, preferably the rear of the structure, if
practicable.
(3)
Any use allowed by right or special permit within the zoning
district provided that:
(a)
They are associated with the primary use of the property.
(b)
They comprise no more than thirty five percent (35%) of the
gross floor area of the building.
(c)
Any permissible Accessory Use that comprises greater than 35%
of the gross floor area may be allowed by Special Permit from the
Zoning Board of Appeals.
(4)
Drive Through Service may be allowed by Special Permit from
the Planning Board in the Commercial and Office/Industrial Park Districts.
In the approval of the Special Permit the Planning Board shall take
the following items into consideration:
(a)
The minimum space available for vehicles to queue on-site shall
not be less than (ten) 10 cars.
(b)
That the drive through service window be located on the side
or rear of the building.
(c)
The lane accessing the drive through service window shall not
restrict other vehicular access around the building.
(5)
Outdoor Storage/Display may be allowed by Special Permit from
the Zoning Board of Appeals with the following conditions.
(a)
All outdoor storage shall be screened as to not be visible from
abutting properties and/or the public right of way.
(b)
Display may be permitted in areas visible from the public Right-of-Way
and neighboring properties, provided it does not create a nuisance
by the introduction of noise, vibration, dust or other physical or
sensory impact on abutting properties.
(6) Solar
Parking Canopy: a special application of a ground-mounted solar energy
system that is installed on top of a functional parking surface that
maintains the function of the area beneath the canopy.
A Solar Parking Canopy may be allowed by Special Permit from
the Planning Board in the Commercial and Office/Industrial Park Districts.
In approving a Special Permit the Planning Board must find the following:
[Added 11-14-2023 STM by Art. 15]
(a) Equipment associated with the solar canopy system is adequately screened
from the parking area and neighboring properties. Required screening
must be met using natural planted materials in conjunction with a
secure fence.
(b) Security lighting for parking areas is in place and adequate.
(c) The installation of the solar canopy system does not reduce the number
of parking spaces below the minimum required for the uses present
or intended.
(d) A minimum of five percent (5%) of parking spaces in the parking lot
will have universal charging facilities for EVs. Brand specific charging
facilities are allowed only when they are in addition to the minimum
number of universal chargers. A minimum of ten percent (10%) of each
type of EV charging spaces must be accessible and comply with the
Massachusetts Architectural Access Board Regulations (521 CMR).
(e) The maximum height for solar canopies is twenty feet (20'). In granting
the special permit, the Planning Board may approve a higher height
where the Board determines such height is needed for emergency vehicle
or snow removal services for the subject site.
(f) Solar canopies and all appurtenant structures to a solar canopy system
shall meet the requirements of the Zoning Bylaw concerning setbacks
and other dimensional requirements.
(g) All appurtenant structures, including but not limited to equipment
shelters, storage facilities, transformers, and substations, must
be architecturally compatible with each other and the existing building(s)
on-site.
(h) The installation of the racking system for the solar canopy system
considers and provides provisions for changes in grade and how drainage
is addressed to prevent flooding and icing below the canopy system.
(i) The applicant will provide a form of surety, either through an escrow
account, bond or otherwise, to cover the cost of removal in the event
the Town must remove the installation and remediate the landscape,
in an amount and form determined to be reasonable by the development
plan review authority, but in no event to exceed more than 125% of
the cost of removal and compliance with the additional requirements
set forth herein, as determined by the project proponent. Such surety
will not be required for municipally or state-owned facilities. The
project owner/operator shall submit a fully inclusive estimate of
the costs associated with removal, prepared by a qualified engineer.
The amount shall include a mechanism for calculating increased removal
cost due to inflation.
B. Special conditions & design standards:
(1)
Occupied Lot Area.
(a)
The total area on any lot devoted to building, parking, outdoor
storage and display and other paved hard surface areas may occupy
up to eighty-five (85%) percent of the total lot area.
(2)
Building Location and Utilities.
(a)
The Building front shall face the street on which the lot obtains
its frontage, unless the building is more than two hundred fifty feet
(250 ft.) from the street and is on a private access road. In such
instance the building may face the access road.
(b)
If there is more than one building on the site.
[1]
Parking facilities shall be shared to the extent practicable,
as determined by the Planning Board;
[2]
The buildings shall be sited with varied setbacks;
[3]
The site shall have sufficient pedestrian access to all public
facilities on the site;
[4]
Buildings shall maintain a minimum twenty foot (20') setback
from one another.
These items shall be reviewed through Site Plan Approval pursuant
to the procedures outlined in Section 8.4.
(c)
All utilities shall be placed underground.
(d)
Building facades, materials and roof lines shall be reviewed
under the Site Plan Approval to ensure consistency and compatibility
with other structures.
(e)
Flat roofs that are visible from the street level are prohibited
unless an the facade includes design elements and/or material compositions
that produce an architectural variation in the horizontal and vertical
planes.
(f)
The principal building(s) shall be connected to public water
and sewer where available and accessible.
(g)
LEED (Leadership in Energy and Environmental Design).
[1]
LEED Certification should be encouraged to meet the best practicable
level.
(3)
Interior Streets, Drives, Walkways and Access.
(a)
Site access shall be a divided way (one way in and one way out)
where and when appropriate as determined under Site Plan Approval
(SPA).
(b)
Surfaces shall be pervious when possible and practical, excluding
the required parking areas.
(4)
Parking and Loading Area.
(a)
Parking shall be in the rear or side of building(s) and shall
not be visible from the street line when practicable. Parking will
be reviewed under Site Plan Approval.
(b)
All loading docks shall be to the side or rear of the building(s)
and shall be visually screened from the street.
(c)
All paved areas shall be separated from the lot line setbacks
by a four (4) foot landscaped area of indigenous materials.
(5)
Sidewalks.
(a)
Sidewalks shall be provided from the street line, when applicable,
and from the parking areas to building(s).
(6)
Screening.
(a)
Screening of the site shall be by a minimum four (4) foot landscaped
strip at the rear and side lot lines.
(b)
Additional landscaping and screening may be required during
the Site Plan Approval or by the SPGA.
(7)
Landscaping.
(a)
There shall be a minimum four (4) foot landscaped area along
the street frontage and along the front and side of the principal
building(s) and plantings of indigenous materials along the facades
of the building(s) and between the building(s) if there is more than
one principal building on site.
(b)
Such landscape shall be a type and height that does not interfere
with sight lines of drivers.
(c)
Natural features shall be retained to the extent practicable
in relation to the limitations imposed by the surrounding natural
features, as determined by the Planning Board.
(d)
A landscape plan shall be provided and reviewed as part of Site Plan Approval per Section
250-8.4.
(8)
Street Furniture.
(a)
Light fixtures shall be designed to be of number and height
that grants plentiful lighting. Such lighting shall shine downwards
as to not affect adjacent properties and shall be Dark Sky Compliant.
(b)
Lighting must also be placed on the side and rear of the building.
This lighting shall be provided in the form of on building lights
to provide minimal adequate lighting for security and safety.
(c)
If provided, outdoor tables, benches, and bicycle racks shall
be of a style consistent with the principal use(s) of the site.
(d)
The location, number and style of trash receptacles shall be
reviewed under Site Plan Approval.
[Amended 5-5-2018 ATM
by Art. 31]
A. Accessory uses:
(1)
Any use allowed by right or special permit within the zoning
district provided that:
(a)
They are associated with the primary use of the property.
(b)
They comprise no more than thirty five percent (35%) of the
gross floor area of the building.
(c)
Any permissible Accessory Use that comprises greater than thirty
five percent (35%) of the gross floor area may be allowed by Special
Permit from the Zoning Board of Appeals.
(2)
Drive Through Service may be allowed by Special Permit from
the Planning Board in the Commercial and Office/Industrial Park Districts.
In the approval of the Special Permit the Planning Board shall take
the following items into consideration:
(a)
The minimum space available for vehicles to queue on-site shall
not be less than ten (10) cars.
(b)
That the drive through service window be located on the side
or rear of the building.
(c)
The lane accessing the drive through service window shall not
restrict other vehicular access around the building.
(3)
Outdoor Storage/Display may be allowed by Special Permit from
the Zoning Board of Appeals with the following conditions.
(a)
All outdoor storage shall be screened as to not be visible from
abutting properties and/or the public right of way.
(b)
Display may be permitted in areas visible from the public Right-of-Way
and neighboring properties, provided it does not create a nuisance
by the introduction of noise, vibration, dust or other physical or
sensory impact on abutting properties.
(4) Solar
Parking Canopy: a special application of a ground-mounted solar energy
system that is installed on top of a functional parking surface that
maintains the function of the area beneath the canopy.
A Solar Parking Canopy may be allowed by Special Permit from
the Planning Board in the Commercial and Office/Industrial Park Districts.
In approving a Special Permit the Planning Board must find the following:
[Added 11-14-2023 STM by Art. 15]
(a) Equipment associated with the solar canopy system is adequately screened
from the parking area and neighboring properties. Required screening
must be met using natural planted materials in conjunction with a
secure fence.
(b) Security lighting for parking areas is in place and adequate.
(c) The installation of the solar canopy system does not reduce the number
of parking spaces below the minimum required for the uses present
or intended.
(d) A minimum of five percent (5%) of parking spaces in the parking lot
will have universal charging facilities for EVs. Brand specific charging
facilities are allowed only when they are in addition to the minimum
number of universal chargers. A minimum of ten percent (10%) of each
type of EV charging spaces must be accessible and comply with the
Massachusetts Architectural Access Board Regulations (521 CMR).
(e) The maximum height for solar canopies is twenty feet (20'). In granting
the special permit, the Planning Board may approve a higher height
where the Board determines such height is needed for emergency vehicle
or snow removal services for the subject site.
(f) Solar canopies and all appurtenant structures to a solar canopy system
shall meet the requirements of the Zoning Bylaw concerning setbacks
and other dimensional requirements.
(g) All appurtenant structures, including but not limited to equipment
shelters, storage facilities, transformers, and substations, must
be architecturally compatible with each other and the existing building(s)
on-site.
(h) The installation of the racking system for the solar canopy system
considers and provides provisions for changes in grade and how drainage
is addressed to prevent flooding and icing below the canopy system.
(i) The applicant will provide a form of surety, either through an escrow
account, bond or otherwise, to cover the cost of removal in the event
the Town must remove the installation and remediate the landscape,
in an amount and form determined to be reasonable by the development
plan review authority, but in no event to exceed more than 125% of
the cost of removal and compliance with the additional requirements
set forth herein, as determined by the project proponent. Such surety
will not be required for municipally or state-owned facilities. The
project owner/operator shall submit a fully inclusive estimate of
the costs associated with removal, prepared by a qualified engineer.
The amount shall include a mechanism for calculating increased removal
cost due to inflation.
B. Special conditions and design standards:
(1)
The plan shall show a buffer strip which shall create a visual
screen using landscaping of existing natural growth and/or plant material
indigenous to the area;
(a)
The buffer strip shall be at least fifty (50) feet deep where
the District abuts a residential use or district.
(b)
The buffer strip shall be at least twenty (20) feet deep at
all side and rear property lines, except as provided above.
(2)
Unless otherwise approved with the development plan, accessory
uses not contained in the principal building shall be provided with
safe access and shall be visually screened from view from a public
way or shall be in a structure of an architectural style compatible
with the principal structure.
(3)
Limitations upon uses.
(a)
In addition to the limitations set forth in Section 5.0. of
the Bylaw, all uses within an Office Park and Industrial District
shall be subject to the following limitations:
[1]
The lot coverage of all buildings and structures shall not exceed;
[2]
Fifty (50) percent of the total lot area of a lot used for an
office park or office building.
[3]
Seventy (70) percent of the total lot area of a lot used for
storage or distribution.
[4]
An amount determined by the Planning Board not to exceed seventy
(70) percent of the total lot area for any other use.
(b)
The total impervious area shall not exceed:
[1]
Ninety (90) percent of the total lot area of a lot used for
an office park or an office building.
[2]
Seventy (70) percent of the total lot area of a lot used for
storage or distribution.
[3]
An amount determined by the Planning Board not to exceed Ninety
(90) percent of a lot used for any other purpose.
[Amended 5-5-2018 ATM
by Art. 31]
A. Special conditions & design standards:
(1)
Purpose.
(a)
In pursuit of this opportunity and to address this challenge,
the Town implements this bylaw and designates this zoning district
as Village Center District in order to encourage economic and residential
growth that fits the character of the Town.
(b)
The purposes of the Village Center District are to:
[1]
Build upon the historic development patterns in the existing
village centers to create attractive, walkable neighborhoods;
[2]
Encourage adaptive reuse of abandoned, vacant or underutilized
buildings or structures where appropriate;
[3]
Allow for a mix of new land uses that are appropriate to both
the needs of the community and the scale of surrounding neighborhoods;
[4]
Provide incentives to develop larger parcels at higher densities
and in a coordinated, planned approach;
[5]
Maintain a consistently high level of design quality throughout
the district;
[6]
Encourage the development of mixed use buildings and campuses
that are designed and constructed in a manner that is contextually
sensitive to the existing structures and facilities.
(2)
Authority.
(a)
The Planning Board shall act as the administering authority
for any Site Plan Approval procedure associated with this bylaw Section
8.4. The Board of Appeals shall serve as the Special Permit Granting
Authority for any use that requires a Special Permit in the district,
any use requiring a Special Permit pursuant to Section 4.17.5.
(3)
Special Permit Approval Criteria. The Zoning Board of Appeals
shall act upon all applications after notice and public hearing, and
after due consideration may grant such a special permit provided that
it finds the proposed use:
(a)
Is in harmony with the purpose and intent of the Bylaw and will
promote the purposes of the Village Center District.
(b)
The use is in harmony with those of the abutting properties
and the Village Center District as a whole.
(c)
All applicable standards for use, parking, and dimensional requirements
are met;
(d)
All applicable design standards listed in Section 8 are met.
(e)
Where multiple structures are proposed, the site design reflects
a thoughtful arrangement of elements that will facilitate the movement
of pedestrians between structures through the use of sidewalks, internal
walkways, alleys or open space features.
(4)
The following uses are prohibited in the Village Center District:
(a)
Newly constructed one-story buildings on lots of less than five
(5) acres.
(b)
Retail operations with more than five thousand (5,000) square
feet of gross floor area on any individual floor, except for reuse
of buildings existing prior to 1 May 2015.
(c)
Drive through establishments, excluding those expressly allowed
by Special Permit.
(5)
Dimensional requirements.
(a)
Requirements.
Building Type
|
---|
|
Mixed Use with Commercial First Floor
|
Other Mixed Use or Residential Only
|
---|
Maximum floor area ratio (FAR) (gross floor area/lot size)
|
2.0
|
1.5
|
Minimum lot frontage
|
75 feet
|
Maximum lot coverage
|
85%
|
Minimum lot area
|
N/A
|
Number of buildings per lot
|
|
Maximum building frontage
|
300 feet
|
Minimum front setback
|
5 feet
|
Maximum front setback w/o street furniture
|
15 feet
|
Minimum side/rear setback abutting a residential zone
|
10 feet
|
Minimum side/rear setback in VCD
|
5 feet
|
Interior setback (between buildings on the same lot)
|
10 feet
|
(b)
Height limitations for nonresidential and mixed use. Building
height for mixed use or nonresidential use shall not exceed 38 feet
and no building shall have more than three stories.
(6)
Parking requirements.
Use
|
Parking Requirement
|
---|
Retail/personal service/liquor store
|
1 parking space per 400 square feet of net floor area, plus
1 space per employee on the largest shift
|
Professional office/civic uses
|
1 parking space per 300 square feet of net floor area
|
Artists space
|
1 parking space per 400 square feet of net retail/gallery floor
area, plus 2 parking spaces per dwelling unit
|
Restaurant/private club
|
1 parking space per 4 seats, plus 1 space for each employee
on the largest shift
|
Bed-and-breakfast
|
1 parking space per accommodation room, plus 2 parking spaces
for the primary residence, plus 1 space per nonresident employee on
the largest shift
|
Mixed use/multiple commercial
|
Parking to be provided per the individual uses
|
All residential uses
|
2 parking spaces per dwelling unit
|
Movie house
|
1 parking space per 4 occupants, plus 1 parking space per 2
employees on the largest shift
|
Outdoor market
|
1 parking space per 500 square feet of sales space
|
(a)
As part of a Site Plan Approval or special permit process within
this district, the applicant may request reductions to minimum requirements
or alternative methods for meeting the required parking.
(b)
Available innovative parking strategies include:
[1]
Shared On-Site Parking.
[a] Non-competing uses. In mixed-use developments,
applicants may propose a reduction in parking requirements based on
an analysis of peak demands for noncompeting uses. Up to 50% of the
requirements for the predominant use may be waived by the Planning
Board or the Board of Appeals if the applicant can demonstrate that
the peak demands for two uses do not overlap. An additional 25% may
be waived with the addition of bicycle parking facilities.
[2]
Off-Site Parking. Separate from, or in conjunction with Shared
Parking provisions, an applicant may use off-site parking to satisfy
their parking requirements in accordance with the following conditions:
[a] Off-site parking shall be within one thousand (1,000)
feet of the property for which it is being requested.
[b] Off-site parking spaces provided by a separate
private property owner shall be subject to a legally binding agreement
that will be presented to the Permit Granting Authority as a condition
of either the Development Plan Review or the Special Permit. Where
an agreement shall expire within a specified timeline, the applicant
or current property owner shall continue to provide evidence to the
Zoning Enforcement Officer that the agreement has been extended. The
Permit Granting Authority will verify with the Zoning Enforcement
Officer that there are no existing parking agreements during the permitting
process.
(7)
Design standards. The Design Standards in this section shall
be applied to development within the Village Center District where
applicable.
(a)
Occupied lot area. The total lot devoted to building, parking,
outdoor storage and display and other paved hard surfaces may occupy
up to eighty-five (85%) percent of the total lot area.
(b)
Buildings.
[1]
All buildings shall have a principal facade and entry (with
operable doors) facing a street or open space. Buildings may have
more than one principal facade and/or entry.
[2]
Building finish materials shall be appropriate to traditional
New England architecture.
[3]
Building facades, materials and roof lines shall be reviewed
under the Permit Granting Authority to ensure consistency and compatibility
with other structures.
[4]
Blank walls adjacent to streets, alleys or open spaces shall
not be permitted. Where windows are not possible or appropriate to
the intended use, vertical articulation in the form of raised or recessed
surfaces shall be used to break up blank walls.
[5]
New retail buildings shall have one of the following features
along the front entrances to pedestrians: awning, marquee, arcade
and/or colonnade.
[6]
Flat roofs that are visible from the street are prohibited unless
an appropriate facade is included in the design.
[7]
Larger buildings with multiple non-residential tenants on the
first floor shall articulate the facade in a manner that distinguishes
the location of these tenants through the use of decorative raised
or depressed vertical surfaces, variations of acceptable signage,
awnings, marquees, colonnades or arcades.
[8]
Mixed Use buildings shall have no more than twenty five (25%)
percent of the first floor dedicated to residential use. Conversion
or partial conversion of residential uses existing before 1 May 2015
are exempt from this provision.
[9]
All new utility service connections shall be placed underground.
[10] Lighting, signage and architectural style shall
be consistent with other uses in the District and reviewed under the
Permit Granting Authority.
(c)
Signs.
[1]
Primary signs shall be flat against the facade, or mounted projecting
from the facade.
[2]
Signs that project from buildings shall have at least ten (10)
feet of clearance from the ground level.
[3]
Signs shall be externally lit from the front; lighting shall
be provided using a gooseneck fixture. Back lighting of signs shall
not be used.
[4]
Neon, flashing signs, moving signs, electric message signs,
and roof signs shall not be used, except for barber poles.
[5]
Banners with a specific date of expiration, shall be allowed,
after approval by the Zoning Enforcement Officer.
[6]
Signs shall be made of attractive materials consistent with
the character of the district. Materials may include wood (painted
or natural), stone, copper, brass, galvanized steel, painted canvas
or paint/engraved on facade surface.
[7]
Signs may only be incorporated into the skirt of awnings and
not on the primary angled surface.
[8]
Each building facade facing a street or parking area is permitted
to have signs that equal a maximum square footage of five (5%) percent
of the respective facade.
[9]
Sandwich board signs, flags and other portable signs are permitted
only within the property lines, as long as they are properly weighted.
[10] Window signs, comprising no more than ten (10%)
percent of the transparent surface, shall be allowed. Window signs
shall not be lighted or animated in any manner, with the exception
of the standard lighting fixtures within the building.
(d)
Site design.
[1]
Interior streets, drives, walkways and access.
[a] Site access shall be a divided way (one way in
and one way out) where and when appropriate as determined by the Permit
Granting Authority.
[b] Surfaces shall be pervious when possible and practical.
[c] Street level frontage shall be devoted to entrances,
shop windows or other displays.
[d] Primary entrances to proposed and existing buildings
shall be situated on pedestrian amenities (e.g., sidewalks, plazas
or open space) with a minimum width of 10 feet.
[e] Setbacks shall be consistent with the fabric of
the existing street and do not preclude pedestrian access.
(e)
Parking and loading area.
[1]
Parking shall be in the rear or side of building(s) and shall
not be visible from the street line when possible. Parking will be
reviewed by the Permit Granting Authority.
[2]
All loading docks shall be to the rear of the building(s) and
shall not be visible from the street. Adequate access for loading
and emergency vehicles is maintained on one side of the building.
(f)
Sidewalks.
[1]
Sidewalks shall be provided from the street line, when applicable,
and from the parking areas to building(s).
(g)
Landscaping.
[1]
There shall be a minimum of a four (4) foot landscaped area
along the street frontage and along the front and side of the principal
building(s) and plantings of indigenous materials along the facades
of the building(s) and between the building(s) if there is more than
one principal building on site.
[2]
Additional landscaping and screening may be required during
the Development Plan Review or by the permitting authority.
[3]
Such landscape shall be a type and height that does not interfere
with sight lines of drivers.
[4]
Natural features shall be retained to the extent possible.
[5]
A landscape plan shall be provided and reviewed.
[6]
Where residential neighborhoods abut commercial, office or mixed
use developments, appropriate transitional features shall be used
and may include landscaping, open space or parks, or streets with
clearly designed pedestrian features.
(h)
Street furniture.
[1]
Light fixtures shall be designed to be of number and height
that grants plentiful lighting. Such lighting shall shine downwards
as to not affect adjacent properties and be dark sky compliant.
[2]
Lighting must also be placed on the side and rear of the building.
[3]
A Lighting Plan may be required if the Permitting Granting Authority
deems the project is of such a scale that the impacts to the neighborhood
are adverse; such plan will show where all light fixtures are being
proposed within the site, as well as a narrative as to the type of
light and height of all fixtures.
[4]
Outdoor tables, benches, and bicycle racks shall be of a style
consistent with the principal use(s) of the site.
[5]
The location, number and style of trash receptacles shall be
reviewed under Permit Granting Authority.
(8)
Village Center District campus developments. Developments that
contain multiple buildings and uses on a single lot are encouraged
as long as they are sensitive to the context of the surrounding area
and meet the purposes outlined above. These developments are subject
to the provisions of Section 8.4 Development Plan Review of the Protective
Bylaw as well as the additional design guidelines outlined in Section
4.17.8. of this Bylaw and below.
(9)
Additional design standards. In addition to those design standards
listed in Section 4.17.8. of this bylaw, applications for a Village
Center District Campus shall also meet the following standards:
(a)
Buildings.
[1]
Newly constructed building facades for non-residential first
floor uses shall have a transparency of at least thirty five (35%)
percent and no more than sixty (60%) percent for all facades that,
wholly or partially, address street frontage, sidewalks, or other
public space.
[2]
Buildings in Village Center District Campus Developments shall
meet the following criteria:
[3]
No more than ten (10%) percent of the first floor of newly constructed
buildings shall be occupied by residential use.
[4]
No more than sixty (60%) percent of the total gross floor area
of the development shall be occupied by residential use.
(b)
Signs.
[1]
Freestanding directory signs may be permitted as part of a Village
Center District Campus application where several non-residential operations
are accessed through a common vehicular entrance. Such freestanding
signs shall not exceed eight (8) feet in height, six (6) feet in width
and each tenant shall be allowed a maximum of four and a half (4.5)
square feet to display the company or agency name.
(c)
Site design.
[1]
Buildings shall be arranged in a manner that optimizes the ability
of residents and consumers to access public spaces and pedestrian
amenities.
[2]
Buildings shall be oriented toward each other in a way that
minimizes conflicts between pedestrians and automobiles.
[3]
Open space provided pursuant to Section 4.17.9.b. of this bylaw
shall be designed as a public gathering place. Arcades, courtyards,
parks, greens or other common areas shall be located in a manner that
connects buildings to each other and to public sidewalks without interruption
from parking areas or automobile travel lanes to the greatest practicable
extent.
[4]
Features that may be used to create open space areas acceptable
to the Planning Board or the Board of Appeals may include, without
limitation, fixed benches, fixed tables, fountains, pathways, bikeways,
bicycle racks, period lighting, shade trees, perennial gardens, picnic
areas, and/or trash receptacles.
[Amended 5-5-2018 ATM
by Art. 32]
A. Purpose. The purpose of the Water Supply Protection District is to
promote the health, safety and general welfare of the community; to
protect, preserve and maintain present and potential sources of water
supply and watershed areas for the public health and safety; to protect,
preserve and maintain the existing and potential groundwater supply
and groundwater recharge areas within the Town for public health and
safety; to preserve and protect the lakes, ponds, streams, brooks,
rills, marshes, swamps, bogs and other water bodies and watercourses
in Town; to protect the community from the detrimental use and development
of land and water within the district; to conserve the natural resources
of the Town; to preserve and maintain the groundwater table and water
recharge areas within the Town; and to prevent blight and the pollution
of the environment.
B. District delineation.
(1)
The boundaries of the Water Supply Protection District shall
be as follows: Zone I, Zone II, and Zone III for the Town of Lunenburg,
approved by the Department of Environmental Protection (DEP) according
to Map 1, entitled "Water Protection District, revised October, 2009."
(2)
Where the bounds as delineated are in doubt or in dispute, the
burden of proof that the use is outside the Water Supply Protection
District or does not impact the district shall be upon the owner(s)
of the land in question. However, the Building Commissioner retains
its authority to determine final location with regard to said Water
Supply Protection District.
(3)
At the written request of the owner(s) of the property in question,
the Town may engage a professional geologist, a certified soil scientist
or a registered professional engineer trained in hydrology to determine
the location and extent of a protection area on the parcel in question
and charge the owner(s) of said parcel for the cost of the investigation.
C. Use regulations.
(1)
The Water Supply Protection District is established as an overlay
district to all other districts. Land in the Water Supply Protection
District shall be subject to the requirements of this section, as
well as to all other requirements of this Zoning Bylaw which apply
to the underlying zoning districts. Uses that are not permitted in
the underlying district shall not be permitted in the Water Supply
Protection Districts.
(2)
Uses permissible in the Restricted Area Zone I by special permit
granted by the Planning Board. Irrespective of the permitted uses
in the underlying district, only the following uses are permitted
within the Restricted Area Zone I of the Water Supply Protection District,
subject to the granting of a special permit by the Planning Board,
provided that all necessary permits, orders or approvals required
by local, state or federal law are also obtained, and except as limited
by the Conservation Commission and/or Lunenburg Water District as
outlined in Guidelines and Policies for Public Water Systems, Department
of Environmental Quality Engineering, Division of Water Supply, Revised
May 1, 1991, as amended:
(a)
Conservation of soil, water, plants and wildlife.
(b)
Outdoor recreation, nature study, boating and fishing.
(c)
Raised wooden walkways, foot, bicycle and/or horse paths and
bridges.
(d)
Normal operation and maintenance of existing water bodies and
dams, splash boards and other water control, supply and conservation
devices.
(e)
Farming, gardening, nursery, conservation, forestry, harvesting
and grazing as provided under MGL Chapter 40A, provided that fertilizers,
herbicides, pesticides, manure, hazardous materials, liquid petroleum
products, and other leachable materials are stored within an enclosed
structure and used in a manner that will not permit groundwater contamination.
(f)
Uses accessory and subordinate to the above uses, if permitted
in the underlying district and subject to the provision of the underlying
district, provided that the use does not result in coverage of more
than 15% of the lot with impervious surfaces.
(3)
Uses permissible in Zone II by special permit granted by the
Planning Board. Irrespective of the permitted uses in the underlying
district, only the following uses are permitted within Zone II of
the Water Supply Protection District, subject to the granting of a
special permit by the Planning Board, provided that all necessary
permits, orders or approvals required by local, state or federal law
are also obtained and except as limited by the Conservation Commission
and/or Lunenburg Water District as outlined in Guidelines and Policies
for Public Water Systems, Department of Environmental Quality Engineering,
Division of Water Supply, Revised May 1, 1991:
(a)
Conservation of soil, water, plants and wildlife.
(b)
Outdoor recreation, nature study, boating and fishing.
(c)
Raised wooden walkway, foot, bicycle and/or horse paths and
bridges.
(d)
Normal operation and maintenance of existing water bodies and
dams, splash boards and other water control, supply and conservation
devices.
(e)
Farming, gardening, nursery, conservation, forestry, harvesting
and grazing as provided under MGL Chapter 40A, provided that fertilizers,
herbicides, pesticides, manure, hazardous materials, liquid petroleum
products and other leachable materials are stored within an enclosed
structure and used in a manner that will not permit groundwater contamination.
(f)
Uses accessory and subordinate to the above uses, if permitted
in the underlying district and subject to the provision of the underlying
district, provided that the use does not result in coverage of more
than 20% of the lot with impervious surfaces.
(g)
Detached one-family dwellings, if permitted in the underlying
district and subject to the provisions of the underlying district,
provided that no more than 20% of the required lot area is covered
with impervious surfaces.
(h)
New detached two-family dwellings, if permitted in the underlying district and if located on a lot having an area at least 1 1/2 times that required by §
250-5.1, and provided that no more than 20% of the required lot area is covered with impervious surfaces.
(i)
Maintenance and repair of an existing structure, provided that
there is not an increase in impervious surfaces.
(j)
Public utilities and facilities, provided that no adverse impact
on surface water or groundwater will occur.
(4)
Permitted uses: Zone III. The following uses are permitted within
Zone III of the Water Supply Protection District, provided that all
necessary permits, orders or approvals required by local, state or
federal law are also obtained and except as limited by the Conservation
Commission and/or Lunenburg Water District as outlined in Guidelines
and Policies for Public Water Systems, Department of Environmental
Quality Engineering, Division of Water Supply, Revised May I, 1991,
as amended:
(a)
Conservation of soil, water, plants and wildlife.
(b)
Outdoor recreation, nature study, boating and fishing.
(c)
Raised wooden walkways, foot, bicycle and/or horse paths and
bridges.
(d)
Normal operation and maintenance of existing water bodies and
dams, splash boards and other water control, supply and conservation
devices.
(e)
Farming, gardening, nursery, conservation, forestry, harvesting
and grazing provided under MGL Chapter 40A, provided that fertilizers,
herbicides, pesticides, manure and other leachable materials are stored
within an enclosed structure and used in a manner that will not permit
groundwater contamination.
(f)
Uses accessory and subordinate to the above uses, if permitted
in the underlying district and subject to the provisions of the underlying
district, provided that the use does not result in coverage of more
than 20% of the lot with impervious surfaces.
(g)
Detached one-family dwellings, if permitted in the underlying
district and subject to the provisions of the underlying district.
(h)
New detached two-family dwellings, if permitted in the underlying
district.
(i)
Maintenance and repair of an existing structure, provided that
there is no increase in impervious surfaces.
(j)
Public utilities and facilities, provided that no adverse impact
on surface water or groundwater will occur.
(k)
The application of pesticides for nondomestic or agricultural
uses, provided that all necessary precautions shall be taken to prevent
hazardous concentrations of pesticides in the water and on the land
within the Water Supply Protection District as a result of such application.
Such precautions include, but are not limited to, erosion control
techniques, the control of runoff water or the use of pesticides having
low solubility in water, the prevention of volatilization and redeposition
of pesticides and the lateral displacement of pesticides.
(l)
The application of fertilizers for nondomestic or agricultural
uses, provided that such application shall be made in such a manner
as to minimize adverse impacts on surface water and groundwater due
to nutrient transport and deposition and sedimentation.
(m)
Planned residential development, subject to development plan
approval and provided that no more than 15% of the required lot area
is covered with impervious surfaces.
(n)
Those commercial and industrial activities permitted in the
underlying district, subject to development plan approval to prevent
adverse impact on the environment.
(5)
Uses prohibited in the Water Supply Protection District:
(a)
Storage of road salt or deicing chemicals;
(b)
Chemical and bacteriological laboratories;
(c)
Industrial uses which discharge process water, including any
commercial or service uses discharging wastewater;
(d)
Storage of petroleum or other refined petroleum product except
within buildings which will be heated by the petroleum or other refined
petroleum product; however, nothing in this section shall prevent
the owner of a tank or tanks existing at the time of adoption of this
section to replace said tanks, provided there is no increase in capacity;
(e)
Any other use which involves the manufacture, use, storage, transportation or disposal of toxic or hazardous materials or generates, treats, stores or disposes of hazardous materials as defined in Article
II in quantity exceeding 250 total gallons of liquid material(s) or 2,000 total pounds of solid material(s) at any one time.
(6)
Uses prohibited in Zone I and Zone II. The following uses are
prohibited in Zone I and Zone II:
(a)
Public or private sanitary landfills, including the deposition
of any foreign or nonindigenous material upon the land except for
normal and accepted agricultural;
(b)
Junkyards or recycling facilities;
(c)
Sewage treatment facilities;
(e)
Dry-cleaning establishments;
(f)
Metal plating or metal finishing;
(g)
Use of chemicals for deicing unless deemed necessary for public
safety by the Board of Selectmen;
(h)
The use of septic system cleaners which contain toxic organic
chemicals;
(i)
The rendering impervious of more than 15% of a required lot
area;
(j)
The disposal of liquid or leachable wastes, except subsurface
domestic waste disposal systems;
(k)
Dumping of snow brought in from outside the district;
(l)
The alteration of any natural site features or topography, including
but not limited to the cutting or removal of trees or other natural
vegetation or the dumping, filling, excavation, grading, transferring
or removing of any gravel, sand, loam or other soft material, rock
or ledge prior to obtaining all permits and approvals for final development
plans required by this bylaw;
(m)
Any use determined by the Planning Board to be detrimental to
the purposes of this section of the bylaw;
(n)
Mining of land except as incidental to a permitted use, subject
to a special permit granted by the Board of Selectmen.
D. Conditions for use.
(1)
Each application for a special permit in the Water Supply Protection
District shall conform to the Planning Board Rules and Regulations
for Site Plan Approval and Special Permits, as amended. In addition
to the submission requirements of the Planning Board Rules and Regulations
for Site Plan Approval and Special Permits the following items shall
also be included:
(a)
A plot plan showing:
[1]
Location of wetlands, streams, water bodies and floodplain;
[2]
Existing drainage patterns, including direction of surface flow
and, if required, subsurface flow;
[4]
Soil boring locations and results;
[6]
Areas having slopes exceeding 15%;
[7]
Areas to be disturbed by construction;
[8]
Areas where earth and other material subject to erosion will
be temporarily stockpiled;
[9]
Areas to be used for disposal or storage of construction debris,
stones, stumps, etc. if within the district;
[10] Temporary and permanent erosion control measures
planned, such as sediment basins, storm waste basins, diversions,
rip-rap, stabilization seedings, etc.;
[11] Temporary work roads to be used during projects;
[12] Locations and size of septic systems;
[13] Method to contain spillage in fuel filling areas;
(b)
A storm drainage plan showing:
[1]
Locations of drains and culverts and names of streams, rivers,
ponds or reservoirs in the Town into which they flow;
[2]
Discharge peaks and expected velocities at drain or culvert
outlets;
[3]
Conditions above and below outlets and expected flow vehicles;
[4]
Supporting computation for the above;
(c)
A grading plan showing existing topography and planned grade
along existing and/or proposed street or highway profiles;
(d)
A siltation and sedimentation control plan, including:
[1]
Sedimentation and erosion control structures such as diversions,
waterways, slope stabilization structures and sediment basins, in
sufficient detail to implement their installation together with referred
standards for soil erosion and sedimentation as appropriate and design
calculations as required for each structure;
[2]
Seeding and/or sodding requirements for all exposed areas, including
seedbed preparation, seed mixtures, lime, fertilizer and mulching
requirements with referenced standards;
[3]
Schedule or sequence of operation with starting dates for clearing
and/or grading, timing for storm drain and culvert installations,
both temporary and permanent, indicated dates when critical area stabilization,
paving, seeding, mulching and/or sodding is to be completed;
[4]
General notes for sediment control that spell out the procedures
for implementing the plan.
(e)
A complete list of all chemicals, pesticides, fuels and other
potentially toxic or hazardous materials to be used or stored on the
premises in quantities greater than those associated with normal household
use, accompanied by description of measures proposed to protect such
materials from vandalism, corrosion and leakage and to provide for
control of spills;
(f)
A description of potentially toxic or hazardous wastes to be
generated, indicating storage and disposal methods;
(g)
Evidence of approval by the Massachusetts Department of Environmental
Quality Engineering (DEQE) of any industrial water treatment or disposal
systems;
(h)
For underground storage of toxic or hazardous materials, evidence
of qualified professional supervision of system design, installation
and operation;
(i)
Analysis by a professional engineer in sanitary or civil engineering registered in the Commonwealth of Massachusetts certifying compliance with Subsection
E below.
(2)
The Planning Board shall transmit one copy of the plan to the
Board of Health and one copy to the Conservation Commission, one copy
to the Fire Department and one copy to the local water purveyor for
review and comment. The Board of Health and the Conservation Commission
shall submit a written report to the Planning Board within 14 days.
(3)
Said plan submission shall be submitted to the Planning Board
at a regularly scheduled meeting of the Planning Board.
(a)
In case of a use not requiring a special permit, the Planning
Board, within 45 days of the receipt thereof, shall submit a report
to the Building Commissioner. Said report shall summarize the Board's
findings with regard to the compliance of the plan with the provisions
of the Zoning Bylaw and any recommendations of the Board to ensure
that:
[1]
The proposed use shall comply in all respects with the provisions
of the underlying district and will promote the purposes of the Water
Supply Protection District; and
[2]
The proposed use is appropriate to the natural topography, soils
and other characteristics of the site to be developed; and
[3]
The proposed use will not, during construction or thereafter,
have an adverse environmental impact on the aquifer or recharge area;
and
[4]
The proposed use will not result in the deterioration of existing
groundwater or surface water quality, whether or not such water meets
established state or federal standards; and
(b)
The Board may specify such additional requirements and conditions
it finds necessary to protect the health, safety and welfare of the
public and the occupants of the proposed use.
(c)
The Building Commissioner shall not issue a permit until the
report of the Planning Board, or more than 45 days shall have elapsed
from the time of submittal to the Planning Board without receipt of
such report, has been submitted to the Building Commissioner.
E. Limitations upon uses. In addition to the limitations set forth in Article
V of this bylaw, all uses within the Water Supply Protection District, except for single-family dwelling lots on plans not requiring Planning Board approval, shall be subject to the following limitations:
(1)
Safeguards. Provision shall be made to protect against toxic
or hazardous materials discharged or lost through corrosion, accidental
damage, spillage or vandalism through such measures as provision for
spill control in the vicinity of chemical or fuel delivery points,
secure storage areas for toxic or hazardous materials and indoor storage
provisions for corrosive or dissolvable materials.
(2)
Location. Where the premises are partially outside of the Water
Supply Protection District, such potential pollution sources as on-site
waste disposal systems shall, to the degree feasible, be located outside
the district.
(3)
Disposal. For any toxic or hazardous waste to be produced in
quantities greater than those associated with normal household use,
the applicant must demonstrate the availability and feasibility of
disposal methods which are in conformance with Chapter 21C of the
Massachusetts General Laws and all other applicable laws and regulations.
(4)
Drainage. All runoff from impervious surfaces shall be recharged
on the site, diverted towards areas covered with vegetation for surface
infiltration to the extent possible. Dry wells shall be used only
where other methods are infeasible and shall be preceded by oil, grease
and sediment traps to facilitate removal of contamination.
(5)
Monitor test wells. Where fertilizers, pesticides, herbicides
or other potential contaminants are to be applied, utilized or stored
and in the opinion of the Planning Board are a matter of concern,
a groundwater monitoring program shall be established before the special
permit is granted. Such a program shall adequately monitor the quality
of the groundwater leaving the site through the use of monitor wells
and/or appropriate groundwater sample analyses.
(6)
Natural vegetation. No more than 30% of existing natural vegetation
on any lot may be disturbed in an underlying residential district,
nor more than 50% of existing natural vegetation on any lot may be
disturbed in an underlying nonresidential district.
(7)
Technical reference. The technical reference to be used to prepare
and review plans is "Guidelines for Soil and Water Conservation in
Urbanizing Areas of Massachusetts," 1977, U.S.D.A. Soil Conservation
Service, Amherst, Massachusetts. Specific guidelines to use include,
but are not limited to:
(a)
Limit grading to only those areas actively undergoing current
construction;
(b)
The smallest practical area of land should be exposed at one
time during development;
(c)
Limit the length of time graded areas are exposed;
(d)
Provide temporary or permanent stabilization of disturbed areas
at the earliest opportunity. Limit exposure to less than 60 days;
(e)
Retain and protect as much of the natural vegetation as possible;
(f)
Permanent improvements such as streets, utilities, storm sewer,
vegetated waterways and other features of the development should be
scheduled for installation to the greatest extent possible before
removing the vegetative cover from an area scheduled for building
construction;
(g)
Protect all fill slopes and cut slopes exceeding five feet in
height from storm run-off through the use of diversion berms, drop
chutes or other acceptable means;
(h)
Rough-graded rights-of-way awaiting installation of utilities
and/or pavement should be protected by the installation of interceptor
berms across the right-of-way so as to reduce the length of slope
between berms to not more than 250 feet;
(i)
On sites where the above procedures are impractical or not acceptable,
where the topography permits, install sediment basins, desilting basins
or silt traps to remove sediment from runoff waters.
(8)
Non-point source pesticide contamination. All pesticide use
in Zone II shall comply with the provisions 333 CMR 12.00.
[Amended 5-5-2018 ATM by Art. 32]
A. Purpose. The purpose of the Lake Whalom Overlay District is to provide
for the coordinated development of the former amusement park area
and its adjacent area in a manner which will protect the historic
features of the area, provide housing, encourage sound economic development,
protect the adjacent neighborhood, and respect adjacent natural features
and Town properties, all with minimum environmental and traffic impacts.
B. Location. The Lake Whalom Overlay District includes the area bounded
as follows: by the present Commercial District boundary line on the
west from the Leominster City line to the center line of Whalom Road,
easterly along the center line of Whalom Road, continuing along the
center line of Pond Street to Kimball Street, southeasterly along
the center line of Kimball Street to the center line of Prospect Street,
westerly along a line extending straight across Prospect Street to
the shoreline of Whalom Lake, southwesterly along the shoreline of
Whalom Lake to the Commercial District boundary line, southerly along
the Commercial District boundary to the Leominster City line to the
point of beginning.
C. Permitted uses: all uses of the underlying districts, subject to
the restrictions and provisions of the underlying district, except
for those uses permitted by §§ 250-4.2C(1)(a) and 250-4.6C(1)(j),
(l) and (n).
D. Uses permissible by special permit granted by the Planning Board:
(1)
Townhouses and garden flats.
(2)
Recreation facilities, limited to lakefront facilities, including
a club house, beach, tennis, badminton, bocce, shuffleboard, gardens,
outdoor seating and similar uses.
E. Conditions of use.
(1)
All uses are subject to the applicable provisions of Section
250-8.4.
(2)
The dimensional requirements of Section 250-5.0. can be modified
by the Planning Board in connection with a Special Permit or a Site
Plan Approval, if
(a)
the use or uses are connected to municipal sewer and
(b)
at least ten (10) percent of the residential portion, if any,
is limited in perpetuity to occupancy by persons fifty-five (55) years
or more of age or qualifying for affordable units as defined by the
Commonwealth.
(3)
The maximum density shall be determined by the Planning Board
so as not to conflict with the surrounding properties and intended
use, but shall not be more than eight (8)units per acre.
(4)
If density exceeds the underlying zone, there shall not be more
than two (2) bedrooms per unit.
(5)
Consideration shall be given to preserving some of the previous
character of the area as an amusement park, such assigning or markers,
maintaining a feature of the park or other historic structures.
(6)
Development of uses permitted by Section 4.12.3. shall be completed
within three (3) years from the date of approval of the special permit,
unless otherwise approved by the Planning Board.
[Amended 5-5-2018 ATM by Art. 32]
A. Purpose and authority. The purposes of the Tri-Town Smart Growth
District are to encourage smart growth in accordance with the purposes
stated in MGL Chapter 40R and to encourage a range of housing types
and opportunities which are appropriate in Lunenburg. The objectives
include:
(1)
To promote the public health, safety and welfare by encouraging
a diversity of housing opportunities.
(2)
To provide a range of housing choices for households of varying
size, incomes and ages and increase the production of housing to meet
existing and anticipated need.
(3)
To establish requirements, standards and guidelines which will
ensure suitable and cost-effective development and a clear, predictable
and efficient development review and permitting process.
(4)
To enable the Town to receive zoning incentive and density bonus
payments under MGL Chapter 40R and Chapter 40S.
B. Definitions. For purposes of this section, the following definitions
shall apply. All terms shall be defined in accordance with the definitions
established under the enabling laws or this section, or as set forth
in the rules and regulations of the permit approval authority ("regulations"),
if any. To the extent that there is any conflict between the definitions
set forth is this section or the regulations and the enabling laws,
the terms of the enabling laws shall govern.
ACCESSORY USE
An accessory use shall be customarily incidental to any of
the permitted uses, provided that there is no exterior display and
that there are no products sold on the premises and no customers or
clients coming to the premises.
AFFORDABLE HOUSING RESTRICTION
A deed restriction of affordable housing meeting statutory requirements in MGL c. 184, § 31 and the requirements of Subsection
G(5) of this bylaw.
AS-OF-RIGHT PROJECT or PROJECT
A development of housing under zoning without recourse to
a special permit, variance, zoning amendment, or other form of zoning
relief. A project that requires approval pursuant to this section
shall be considered an as-of-right project.
ELIGIBLE HOUSEHOLD
An individual or household whose annual income is less than
80% of the area-wide median income as determined by the United States
Department of Housing and Urban Development (HUD), adjusted for household
size, with income computed using HUD's rules for attribution of income
to assets.
GARDEN APARTMENT
A multifamily residential building of not more than three
floors.
MULTIFAMILY RESIDENTIAL USE
Apartment or condominium units in one or more buildings that
contain or will contain more than three dwelling units.
PLAN APPROVAL
Standards and criteria which a project in the Tri-Town Smart
Growth District must meet under the procedures established herein
and in the enabling laws.
PLAN APPROVAL AUTHORITY
For purposes of reviewing project applications and issuing
decisions on development projects within the Tri-Town Smart Growth
District, the Planning Board, consistent with MGL Chapter 40R and
760 CMR 59.00, shall be the plan approval authority, and is authorized
to approve a site plan to implement a project.
RECREATIONAL USES
Active recreational uses, including but not limited to ball
fields, and passive recreational uses, including but not limited to
walking and bicycle paths. Amusements or motorized uses shall not
be considered eligible recreational uses.
C. Overlay district.
(1)
Establishment. The Tri-Town Smart Growth District is an overlay
district having a land area of approximately +8.97 acres in size that
is superimposed over the underlying zoning district applicable to
a portion of the property shown on the map entitled "Tri-Town Smart
Growth District," dated April 10, 2006, being the locus formerly used
as the Tri-Town Drive-in Theater on Youngs Road and shown on Assessor's
Map Number 81, Parcel Number 907. This map is hereby made a part of
the Zoning Bylaw and is on file in the office of the Town Clerk.
(2)
Underlying zoning. The Tri-Town Smart Growth District is an overlay district superimposed on all underlying zoning districts. When a building permit is issued for any project approved in accordance with this §
250-4.13, the provisions of the underlying district(s) shall no longer be applicable to the land shown on the site plan which was submitted pursuant to Subsection
L for such project.
D. Applicability of Tri-Town Smart Growth District. In accordance with
the provisions of MGL Chapter 40R and 760 CMR 59.00, an applicant
for a project located within the Tri-Town Smart Growth District may
seek plan approval in accordance with the requirements of this section.
In such case, then notwithstanding anything to the contrary in this
Zoning Bylaw, such application shall not be subject to any other provisions
of this Zoning Bylaw, including limitations upon the issuance of building
permits for residential uses related to a rate of development or phased
growth limitation or to a local moratorium on the issuance of such
permits, or to building permit or dwelling unit limitations.
E. Permitted uses. The following uses are permitted as of right in the
Tri-Town Smart Growth District:
(1)
Multifamily residential use, including garden apartments, with
a density of 22.03 dwelling units per acre.
(2)
Parking, including surface, garage-under, and structured parking
(e.g., parking garages).
(3)
Open space and recreational uses.
(4)
Accessory uses customarily incidental to any of the above permitted
uses.
F. Project phasing. The Planning Board, as a condition of any plan approval,
may require a project to be phased for the purpose of coordinating
development with the mitigation required to address any adverse project
impacts on nearby properties. For projects that are approved and developed
in phases, the proportion of affordable units and the proportion of
market-rate units shall be consistent across all phases.
G. Housing and housing affordability.
(1)
Marketing plan. Prior to granting plan approval for a project within the Tri-Town Smart Growth District, an applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. Not less than 10% of the residential units within a project shall be three-bedroom units. These documents in combination, to be submitted with a site plan application pursuant to Subsection
L below, shall include details about construction related to the provision, within the development, of units that are accessible to the disabled.
(2)
Number of affordable housing units. Not less than 25% of housing
units constructed in a project shall be affordable housing; provided,
however, that the Planning Board may consider an application where
20% of the units are affordable housing set aside for eligible households.
For purposes of calculating the number of units of affordable housing
required within a project, any fractional unit of 0.5 or greater shall
be deemed to constitute a whole unit.
(3)
Requirements. Affordable housing shall comply with the following
requirements:
(a)
For an affordable rental unit, the monthly rent payment, including
utilities and parking, shall not exceed 30% of the maximum monthly
income permissible for an eligible household, assuming a family size
equal to the number of bedrooms in the unit plus one, unless other
affordable program rent limits approved by the DHCD shall apply.
(b)
For an affordable homeownership unit, the monthly housing payment,
including mortgage principal and interest, private mortgage insurance,
property taxes, condominium and/or homeowner's association fees, insurance,
and parking, shall not exceed 30% of the maximum monthly income permissible
for an eligible household, assuming a family size equal to the number
of bedrooms in the unit plus one.
(c)
Affordable housing required to be offered for rent or sale shall
be rented or sold to and occupied only by eligible households.
(4)
Design and construction. Units of affordable housing shall be
finished housing units. Units of affordable housing shall be dispersed
throughout the development of which they are part and be comparable
in initial construction quality and exterior design to the other housing
units in the development. The total number of bedrooms in the affordable
housing shall be proportionate to the total number of bedrooms in
all the units in the development of which the affordable housing is
part, provided that at least 10% of the three-bedroom units within
the district shall be affordable housing.
(5)
Affordable housing restriction. Each unit of affordable housing
shall be subject to an affordable housing restriction which is recorded
with the appropriate Registry of Deeds or District Registry of the
Land Court and which contains the following:
(a)
Specification of the term of the affordable housing restriction,
which shall be in perpetuity;
(b)
The name and address of an administering agency with a designation
of its power to monitor and enforce the affordable housing restriction;
(c)
A description of the unit of affordable housing by address and
number of bedrooms;
(d)
Reference to a housing marketing and resident selection plan,
to which the affordable housing is subject, and which includes an
affirmative fair housing marketing program, including public notice
and a fair resident selection process. The housing marketing and selection
plan may provide for preferences in resident selection to the extent
consistent with applicable law; the plan shall designate the household
size appropriate for a unit with respect to bedroom size and provide
that the preference for such unit shall be given to a household of
the appropriate size;
(e)
A requirement that buyers or tenants will be selected at the
initial sale or initial rental and upon all subsequent sales and rentals
from a list of eligible households compiled in accordance with the
housing marketing and selection plan;
(f)
Reference to the formula pursuant to which rent of a rental
unit or the maximum resale price of a homeownership unit will be set;
(g)
Designation of the priority of the affordable housing restriction
over other mortgages and restrictions, provided that a first mortgage
of a homeownership housing unit to a commercial lender in an amount
less than the maximum resale price may have priority over the affordable
housing restriction if required by then current practice of commercial
mortgage lenders;
(h)
A requirement that only an eligible household may reside in
affordable housing and that notice of any lease or sublease of any
unit of affordable housing shall be given to the administering agency;
(i)
Provision for effective monitoring and enforcement of the terms
and provisions of the affordable housing restriction by the administering
agency;
(j)
Provision that the restriction on an affordable homeownership
unit shall run in favor of the administering agency and the Town of
Lunenburg in a form approved by municipal counsel, and shall limit
initial sale and re-sale to and occupancy by an eligible household;
(k)
Provision that the restriction on an affordable rental unit
shall run in favor of the administering agency and the Town of Lunenburg
in a form approved by municipal counsel, and shall limit rental and
occupancy to an eligible household;
(l)
Provision that the owner(s) or manager(s) of affordable rental
unit(s) shall file an annual report to the administering agency, in
a form specified by that agency certifying compliance with the affordability
provisions of this bylaw and containing such other information as
may be reasonably requested in order to ensure affordability;
(m)
A requirement that residents in affordable housing provide such
information as the administering agency may reasonably request in
order to ensure affordability.
(6)
Administering agency. An administering agency, which may be
the Lunenburg Housing Authority or other qualified housing entity,
shall be designated by the Planning Board. In a case where the administering
agency cannot adequately carry out its administrative duties, such
duties shall devolve to and thereafter be administered by a qualified
housing entity designated by the Planning Board or, in the absence
of such timely designation, by an entity designated by the DHCD. In
any event, such agency shall ensure the following:
(a)
Prices of affordable homeownership units are properly computed;
rental amounts of affordable rental units are properly computed;
(b)
Income eligibility of households applying for affordable housing
is properly and reliably determined;
(c)
The housing marketing and resident selection plan conforms to
all requirements and is properly administered;
(d)
Sales and rentals are made to eligible households chosen in
accordance with the housing marketing and resident selection plan
with appropriate unit size for each household being properly determined
and proper preference being given;
(e)
Affordable housing restrictions meeting the requirements of
this section are recorded with the proper Registry of Deeds.
(7)
Housing marketing and selection plan. The housing marketing
and selection plan may make provision for payment by the project applicant
of reasonable costs to the administering agency to develop, advertise,
and maintain the list of eligible households and to monitor and enforce
compliance with affordability requirements. Such payment shall not
exceed 1/2% of the amount of rents of affordable rental units (payable
annually) or 1% of the sale or resale prices of affordable homeownership
units (payable upon each such sale or resale), as applicable.
(8)
Age restrictions. The district shall not include the imposition
of restrictions on age.
(9)
Phasing. For housing that is approved and developed in phases,
the proportion of affordable housing units shall be consistent across
all phases.
(10)
Computation. Prior to the granting of any building permit for
the housing component of a project, the applicant for such building
permit must demonstrate, to the satisfaction of the Planning Board,
that the method by which such affordable rents or affordable purchase
prices are computed shall be consistent with state or federal guidelines
for affordability applicable to the Town.
(11)
No waiver. Notwithstanding anything to the contrary herein,
the affordability provisions in this section shall not be waived.
H. Density and dimensional regulations.
(1)
Lot area, width and frontage.
(a)
No building, except a detached building or accessory use, shall
be constructed on a lot smaller than the land in the Tri-Town Smart
Growth District.
(b)
The frontage of the lot must be available for access.
(2)
Setbacks and yards.
(a)
No building shall be constructed less than 40 feet from the exterior line with Youngs Road unless otherwise approved by the Planning Board in accordance with Subsection
N(1).
(b)
No building or accessory use shall be constructed nearer to the boundary lines of the district than 25 feet unless approved by the Planning Board in accordance with Subsection
N(1).
(3)
Building height.
(a)
The maximum height of a building or structure shall be 38 feet,
measured from the highest level abutting the building to the highest
point of the building.
(b)
The vertical distance between any point on the roof of a building,
whether main or accessory, and any point on the side or rear lines
of its lot shall not exceed the horizontal distance between the same
two points by more than five feet.
(4)
Density and unit type.
(a)
There shall not be more than 204 dwelling units.
(b)
Twenty percent of the units shall be one-bedroom units, 70%
shall have two bedrooms and not less than 10% shall have three bedrooms.
I. Parking requirements.
(1)
Dwellings: two parking spaces for each dwelling containing two
or three bedrooms, one parking space for each dwelling unit containing
one bedroom, which shall be attached to the dwelling structure unless
otherwise approved by the Planning Board.
(2)
Guest parking. The location and number of guest parking spaces
shall be approved during the development plan review process.
J. Signs. No signs except an entrance sign and interior directional
signs are allowed.
K. Performance standards.
(1)
The architectural style, including facades and color, handicapped
units and access, walkways and landscaped areas shall be approved
by the Planning Board as compatible with the Town of Lunenburg.
(2)
Landscaping shall be used to establish buffers between incompatible
land uses, which shall be shown on the plan, including plant type
and location.
(3)
Open spaces and pedestrian amenities shall be available to the
public.
(4)
Access points, service roads, driveways and driveway entrances,
parking areas, lighting and pedestrian walkways shall be arranged
and provided in a manner which facilitates interior circulation and
minimizes conflict between vehicles and pedestrians.
(5)
Ease of access, travel and on-site movement for fire and police
equipment and other emergency services shall be assured for public
safety.
(6)
Utilities shall be placed underground, unless otherwise approved
by the Planning Board.
(7)
Surface run-off shall be minimized and the protection of the
site and adjacent properties from erosion as a result thereof shall
be assured.
(8)
The relationship of the buildings to the site, including the
siting of buildings, structures and open spaces, shall be designed
to permit passive solar energy and to permit maximum protection of
pedestrian areas from adverse impact of winds, vapors or other emissions,
shadows and/or noise.
(9)
The relationship of the buildings and site to adjoining areas,
including compatibility with the prevailing architectural style and
landscape, shall assure suitable transition to adjoining properties.
(10)
Historical considerations and compatibility with abutting properties
and the area in which it is located shall be respected.
(11)
Provision shall be made for maintenance of common areas and
special features.
(12)
The design of parking and off-street loading areas shall comply
with the Regulations of the Planning Board of the Town of Lunenburg
Governing the Design, Construction and Maintenance of Off-Street Parking
and Loading Areas, effective January 1, 2005.
(13)
The landscaping shall comply with the Planning Board Guidelines
for Nonresidential Landscaping, effective January 1, 2005.
(14)
Alteration of the topography shall be limited as nearly as possible
to that which is necessary for the provision of access.
(15)
Appropriate surface treatment, fencing, walls and signage shall
be provided.
(16)
Adequate size, location and screening of exterior and outside
storage and service areas shall be provided.
(17)
Appropriate provision shall be made for waste disposal, water
supply; refuse removal, drainage, dust and erosion control and other
utilities and their appurtenances, in accordance with applicable Town
regulations.
(18)
Adverse impacts as identified in the environmental impact statement
required by the Lunenburg Planning Board Rules and Regulations Governing
the Subdivision of Land, dated March 2002, shall be mitigated to the
satisfaction of the Planning Board.
(19)
Utilities, including water, sewer, drainage, and electricity,
shall conform to the applicable sections of the Lunenburg Planning
Board Rules and Regulations Governing the Subdivision of Land, dated
March 2002.
(20)
Project review, development and construction shall be monitored
in accordance with the Monitoring and Inspection Procedures, dated
2005, and the Fee System of the Lunenburg Planning Board in effect
January 1, 2005.
L. Application for plan approval.
(1)
Required submittals. The application for plan approval shall
be accompanied by the following plans and documents. All site plans
shall be prepared by a certified architect, landscape architect, and/or
a civil engineer registered in the Commonwealth of Massachusetts.
All landscape plans shall be prepared by a certified landscape architect
registered in the Commonwealth of Massachusetts. All building elevations
shall be prepared by a certified architect registered in the Commonwealth
of Massachusetts. All plans shall be signed and stamped, and drawings
prepared at a scale of one inch equals 40 feet or larger, or at a
scale as approved in advance by the Planning Board, and shall show
the following:
(a)
The perimeter dimensions of the lot; Assessors Map, lot and
block numbers.
(b)
Existing and proposed buildings, structures, building setbacks,
parking spaces, driveway openings, distance between buildings, plan
view exterior measurements of individual buildings, driveways, service
areas and open areas.
(c)
Internal roads, sidewalks and parking areas (width dimensions
of paving and indication of number of parking spaces).
(d)
All facilities for sewage, refuse and other waste disposal and
for surface water drainage.
(e)
All proposed landscaping features, such as fences, walls, planting
areas and walks on the lot and tract.
(f)
Existing major natural features, including streams, wetlands
and all trees six inches or larger in caliper ("Caliper" is girth
of the tree at approximately waist height.).
(g)
Scale and North arrow (minimum scale of one inch equals 40 feet).
(h)
Total site area in square footage and acres and area to be set
aside as public open space, if appropriate.
(i)
Percentage of lot coverage (including the percentage of the
lot covered by buildings) and percentage of open space, if appropriate.
(j)
The proposed residential density in terms of dwelling units
per acre and types of proposed commercial uses in terms of the respective
floor area, and recreation areas, and number of units proposed by
type: number of one-bedroom units, two-bedroom units, etc., if appropriate.
(k)
Location sketch map (indicate surrounding streets and properties
and any additional abutting lands owned by the applicant).
(l)
Representative elevation sketches of buildings (indicate height
of building and construction material of the exterior facade).
(m)
Typical unit floor plan for residential uses. (Floor plan should
be indicated for each type of unit proposed: either one bedroom, two
bedrooms or more.) The area in square feet of each typical unit should
be indicated.
(n)
Developer's (or his representative's) name, address and phone
number.
(o)
Any other information, which may include required traffic, school,
utilities impact study and in order to adequately evaluate the scope
and potential impacts of the proposed project.
(2)
Records. All plans and elevations presented with the application
shall remain a part of the records of the Planning Board. The provision
of the plan and the application shall be the sole responsibility of
the applicant.
M. Procedures.
(1)
Filing. An applicant for plan approval shall file the application
form and other required submittals as set forth above with the Town
Clerk, and also shall file forthwith the required number of copies
of the application and other required submittals as set forth above
with the Planning Board, including the date of filing with the Town
Clerk.
(2)
Circulation to other boards. Upon receipt of the application,
the Planning Board shall immediately provide a copy of the application
materials to the Board of Selectmen, Board of Health, Conservation
Commission, Fire Department, Police Department, Building Commissioner,
Department of Public Works, and other municipal officers, agencies
or boards for comment, and any such board, agency or officer shall
provide any written comments within 60 days of its receipt of a copy
of the plan and application for approval.
(3)
Hearing. The Planning Board shall hold a public hearing for
which notice has been given as provided in MGL c. 40A, § 11.
The decision of the Planning Board shall be made, and a written notice
of the decision filed with the Town Clerk, within 120 days of the
receipt of the application by the Town Clerk. The required time limits
for such action may be extended by written agreement between the applicant
and the Planning Board, with a copy of such agreement being filed
in the office of the Town Clerk. Failure of the Planning Board to
take action within 120 days or extended time, if applicable, shall
be deemed to be an approval of the application and site plan.
(4)
Peer review. The applicant shall be required to pay for reasonable
consulting fees to provide peer review of the plan approval application,
pursuant to MGL c. 44, § 53G.
N. Decision.
(1)
Waivers. Upon the request of the applicant, the Planning Board may waive dimensional and other requirements of this section, including the performance standards of Subsection
K, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the Tri-Town Smart Growth District, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and/or physical character allowable under this section.
(2)
Plan review. An application for plan approval shall be reviewed
for consistency with the purpose and intent of this section, and such
plan review shall be construed as an as-of-right review and approval
process as required by and in accordance with the enabling laws.
(3)
Plan approval. Plan approval shall be granted where the Planning
Board finds that:
(a)
The applicant has submitted the required fees and information
as set forth herein; and
(b)
The project and site plan meet the requirements and standards
set forth in this section, or a waiver has been granted therefrom;
and
(c)
Extraordinary adverse potential impacts of the project on nearby
properties have been adequately mitigated.
(4)
Plan disapproval. A site plan may be disapproved only where
the Planning Board finds that:
(a)
The applicant has not submitted the required fees and information
as set forth herein; or
(b)
The project and site plan do not meet the requirements and standards
set forth in this section, or a waiver has not been granted therefrom;
or
(c)
It is not possible to adequately mitigate significant adverse
project impacts on nearby properties by means of suitable conditions.
(5)
Form of decision. The Planning Board shall issue to the applicant
a copy of its decision containing the name and address of the owner,
identifying the land affected, and the plans that were the subject
of the decision, and certifying that a copy of the decision has been
filed with the Town Clerk and that all plans referred to in the decision
are on file with the Planning Board. If 20 days have elapsed after
the decision has been filed in the office of the Town Clerk without
an appeal having been filed or if such appeal, having been filed,
is dismissed or denied, the Town Clerk shall so certify on a copy
of the decision. A copy of the decision or application bearing such
certification shall be recorded in the Registry of Deeds for the county
and district in which the land is located and indexed in the grantor
index under the name of the owner of record or recorded and noted
on the owner's certificate of title. The fee for recording or registering
shall be paid by the applicant.
O. Change in plans after approval by Planning Board.
(1)
Minor change. After plan approval, an applicant may apply to
make minor changes involving minor utility or building orientation
adjustments, or minor adjustments to parking or other site details
that do not affect the overall buildout or building envelope of the
site, or provision of open space, number of housing units, or housing
need or affordability features. Such minor changes must be submitted
to the Planning Board on red-lined prints of the approved plan, reflecting
the proposed change, and on application forms provided by the Planning
Board. The Planning Board may authorize such changes at any regularly
scheduled meeting, without the need to hold a public hearing. The
Planning Board shall set forth any decision to approve or deny such
minor change by motion and written decision, and provide a copy to
the applicant for filing with the Town Clerk.
(2)
Major change. Those changes deemed by the Planning Board to
constitute a major change because of the nature of the change in relation
to the prior approved plan, or because such change cannot be appropriately
characterized as a minor change as described above, shall be processed
by the Planning Board as a new application for plan approval pursuant
to this section.
[Amended 5-5-2018 ATM
by Art. 32]
A. Purpose. The Summer Street Revitalization Overlay District has been
established to encourage development that in itself is compatible
and aligns with the character of the Town; to create, through amenities,
a sense of community that is an appealing place to live and work,
ensuring the vision of Lunenburg as a New England Town, and further,
to provide clear and precise guidelines as to the building and lot
design that will revitalize the area and, when possible, using sustainable
building materials and design features that include indoor/outdoor
conservation methods.
B. Location: in Lunenburg from the Fitchburg line to the Leominster
line, including all of the Industrial District along Summer Street
in Lunenburg and all of the Commercial District along Summer Street
and Youngs Road in Lunenburg.
C. Objectives:
(1)
Allowing a mix of uses in close proximity in the district within
the development, including residential, retail, office, and light
industrial;
(2)
Preserving and restoring a village-style character to the designated
overlay area;
(3)
Promoting a balance of land uses;
(4)
Promoting the opportunity for people to work, meet, shop, and
utilize services in the vicinity of their residences;
(5)
Providing opportunities for the development of variety of housing
opportunities;
(6)
Providing opportunities for a mixture of uses in the same building;
(7)
Promoting a positive pedestrian environment in the district;
(8)
Facilitating integrated physical design;
(9)
Promoting a consistent level of design quality;
(10)
Encouraging the development of flexible space for small and
emerging businesses;
(11)
Facilitating development proposals responsive to current and
future market conditions;
(12)
Encouraging the development of open spaces and parks within
the district to accommodate workers, residents, pedestrians, and shoppers.
D. Permit granting authority. The Zoning Board of Appeals (ZBA) is hereby
Special Permit Granting Authority for the Summer Street Overlay District.
E. Permitted uses. The following uses are permitted within the Summer
Street Revitalization Overlay District:
(1)
Uses as outlined in Section 250-4.1.G Use Table.
(2)
Mixed-use development, which is a development of a tract of
land, building, or structure with two or more different uses such
as, but not limited to, residential, office, retail, institutional,
or entertainment. Residential uses shall be allowed as part of a mixed-use
project.
F. Dimensional standards. These standards herein are hereby established
as such to achieve a village-style design for the Summer Street Revitalization
Overlay District.
(1)
Occupied lot area.
(a)
The total area on any lot devoted to building, parking, outdoor
storage, and display and other hard-surfaced areas may occupy up to
85% of the total lot area.
(2)
Maximum height: no more than 55 feet measured from ground level.
(3)
Setbacks. A landscape plan shall be required for screening and
buffering purposes for setback areas.
(4)
Minimum lot size: 20,000 square feet.
(5)
Minimum frontage: 50 feet.
(6)
Minimum open space. All projects within the Summer Street Revitalization
Overlay District shall have at least 10% of the total site area devoted
to open space; required setbacks shall be considered as part of the
total area required for open space. The required open space shall
not be used for parking or loading purposes and shall be open and
unobstructed to the sky. Items such as benches, walkways, planters,
landscaping, kiosks, gazebos and similar structures shall not be considered
obstructions.
(7)
Mixed-use developments that propose to have retail and residential
uses within the same building on lots that meet the minimum dimensional
requirements established herein shall be allowed only in a two-story
building.
(8)
A mixed-use development within the Summer Street Revitalization
Overlay District must provide that at least 10% of its residential
units be made affordable to low- to moderate-income persons in perpetuity
as defined by the Executive Office of Housing and Economic Development
(EOHED).
G. Additional standards. As well as the standards required under §
250-8.4, Site plan approval, these additional standards are established for the Summer Street Revitalization Overlay District:
(1)
Building location and facade.
(a)
The building front shall face the street on which the lot obtains
its frontage.
(b)
If there is more than one building on the site, the siting shall be approved by the special permit granting authority pursuant to the procedures outlined in §
250-8.4, and there shall be sidewalk connections between buildings.
(c)
Flat roofs that are visible from the street level are prohibited
unless an appropriate facade is included in the design.
(d)
Roof colors shall be appropriate to the area and consistent
through the site, except signs approved under the development plan
review.
(e)
The principal building(s) shall be connected to public water
and sewer where readily available and accessible.
(f)
Lighting, signage, and architectural style shall be consistent
with other uses in the district and reviewed under the development
plan review (DPR).
(2)
Parking, loading, and interior streets.
(a)
Parking lots shall be located at the rear of or the side of
buildings wherever feasible or practical.
(b)
Parking lot layout shall take into consideration pedestrian
circulation. Pedestrian crosswalks shall be provided, where necessary
and appropriate.
(c)
Turning radius of emergency response vehicles shall be accommodated
within the design of the project.
(d)
All loading docks shall be at the rear of building(s) and not
be visible from the street.
(e)
All paved areas shall be separated from the lot line setback
by a four-foot landscaped area of indigenous materials.
(3)
Landscaping and screening.
(a)
There shall be a minimum of a four-foot landscaped area along
the street frontage and along the front and side of the principal
building(s) and plantings of indigenous material along the facade
of the building(s) and between the buildings if there is more than
one building on site.
(b)
Such landscaping shall not interfere with sight lines of drivers.
(c)
Natural features shall be retained wherever feasible.
(d)
Screening of the site shall be by a four-foot landscaped strip
at the rear and side lot lines.
(e)
Additional landscaping and screening may be required where it
is deemed such appropriate measures are in order.
(4)
Streetscape.
(a)
Light fixtures shall be designed to appropriately blend within
the district and be of a number and height that grants plentiful lighting.
Such lighting shall shine downward so as to not affect adjacent properties.
(b)
Lighting must also be placed on the side and rear of the building.
(c)
Outdoor tables, benches, and bicycle racks shall be of a size
and be consistent with the principal use(s) of the site.
(d)
Trash receptacles must be of a size that provides proper usage.
(e)
Sidewalks shall be provided from the street line, when applicable
and practical, and from the parking areas to building(s).
H. Waiver. The review authority may waive any of the standards within
this section, provided that such waiver will not substantially derogate
from the village-style design standard established herein.
I. Commonly held lots. Any lot that is commonly held in ownership with
an adjacent lot in this district may be treated as a single lot in
accordance with this section, provided that the total area of such
lots is at least 20,000 square feet in area combined, the lots have
a combined contiguous frontage of at least 50 feet, and both are vacant
of structures, parking facilities, or accessory uses.
J. Conflict with other laws. All development activities within the Summer
Street Revitalization Overlay District shall comply with applicable
laws, regulations, and standards of the Town, except that in the event
of a conflict between this bylaw and any such laws and regulations,
the provisions of this bylaw shall control, provided that they are
consistent with state and federal law.
K. Severability. If any section or provision of this bylaw is found
by a court of competent jurisdiction to be invalid, such invalidity
shall not affect the validity of any other section or provision of
this bylaw.
[Amended 5-5-2018 ATM
by Art. 33]
A. Purpose. The purpose of this section is to provide siting for solar
photovoltaic energy systems for power generation for all home, commercial
or industrial installations. Small-scale ground-mounted photovoltaic
installations, roof-mounted solar energy installations and large-scale
ground-mounted photovoltaic installations within the Solar Overlay
District may be constructed without need for discretionary approval
as set forth herein. Large-scale ground-mounted photovoltaic installations
outside of the Solar Overlay District may be constructed by special
permit, provided certain criteria as set forth herein are met. The
provisions in this section of the Zoning Bylaw shall apply to the
construction, operation, repair, and/or removal of all solar electric
systems, and to physical modifications that materially alter the type,
configuration, or size of these installations or related equipment.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
BUFFER STRIP
A strip of land between the solar photovoltaic arrays, and
any structures accessory thereto, and the boundary of the parcel,
reserved for plant material, berms, walls or fencing to serve as a
visual barrier.
PLANT MATERIAL
Trees or shrubs of a type and height that sufficiently screen
the arrays without blocking necessary sun that would hinder the product
performance, including ground cover that would screen the lower portion
of the arrays.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
C. Small-scale ground-mounted solar photovoltaic installations and roof-mounted
solar energy installations.
(1)
Purpose. The purpose of this section is to promote the creation
of renewable energy for individual residences, commercial enterprises
and municipal buildings, as-of-right.
(2)
Roof-mounted solar energy installations. Roof-mounted solar
energy installations shall be located so as not to increase the total
height of the structure more than one foot above the applicable zoning
regulations related to height in the district in which it is located,
or such other height as is determined by the Building Commissioner
to be essential for proper operation, but in no case no more than
four feet.
(3)
Small-scale ground-mounted solar energy installations.
(a)
Small-scale ground-mounted photovoltaic installations are not permitted in the zoning dimensional setbacks as listed in §
250-5.2 of the Zoning Bylaw and may not be located closer than 25 feet to residential side yard lines.
(b)
Dimensional setbacks for small-scale ground-mounted photovoltaic
installation shall have a front lot setback no closer than the existing
foundation of the primary dwelling to the front property line, except
when the existing foundation of the primary dwelling is more than
125 feet from the front property line or otherwise if determined appropriate
by the Building Commissioner.
(c)
Small-scale ground-mounted photovoltaic installations shall
be adequately screened from the neighboring lot line as determined
by the Building Commissioner.
(d)
A small-scale ground-mounted photovoltaic installation with 20 feet or greater in height, at its maximum extension, shall require a special permit in accordance with Subsection
D(3).
(4)
Required documents. The following documents shall be required:
(a)
Sun and shadow diagrams specific to the proposed installation
to determine the solar access.
(b)
Detailed information, including maps, plans or dimensional sketches
showing proposed location of the solar installation, including any
setbacks from property lines or distances from structures which are
used for habitation on adjacent properties, and a landscape diagram
showing proposed screening.
(c)
Site drawings showing the building and structure footprints,
property lines, location and the dimensions of solar arrays, ridgeline
of roof and description of the installation.
(d)
Elevation drawings showing heights of buildings and solar arrays.
(5)
Permitting. Small-scale ground-mounted solar photovoltaic installations and roof-mounted solar energy installations require only a building permit, except that a small-scale ground-mounted solar photovoltaic installation 20 feet in height or greater, at its maximum extension, shall require a special permit in accordance with Subsection
D(3). All data listed above shall be submitted to the Building Commissioner. All other necessary permits shall be obtained before a building permit is issued.
(6)
As built plans. As-built plans shall be submitted prior to final
inspection to the Building Commissioner and copied to the Planning
Board.
D. Large-scale ground-mounted solar photovoltaic installations.
(1)
Purpose.
(a)
The purpose of this subsection is to facilitate the creation
of new large-scale ground-mounted solar photovoltaic installations
by providing standards for the placement, design, construction, operation,
monitoring, modification and removal of such installations that address
public safety, minimize impacts on environmental, scenic, natural
and historic resources, and to provide adequate financial assurance
for the eventual decommissioning of such installations.
(b)
Subject to the requirements below, large-scale ground-mounted
solar photovoltaic installations are permitted as-of-right in the
Solar Overlay District and by special permit in any other district.
The special permit granting authority for these purposes shall be
the Planning Board.
(2)
Solar Overlay District. Large-scale ground-mounted solar photovoltaic
installations are allowed by right in the following designated overlay
district:
(a)
27 Youngs Road, 42 acres, Map 115, Parcel 016 (Commercial District).
(b)
671 Lancaster Avenue, 132 acres, Map 110, Parcel 003 (Residence
B District).
(c)
500 Leominster Shirley Road, 17.4 acres, Map 144, Parcel 001
(Office Park and Industrial District).
(3)
Siting by special permit. Except where permitted as-of-right in the Solar Overlay District, large-scale ground-mounted solar photovoltaic installations may be located on any lot containing more than 20 acres in any district by special permit issued by the Planning Board; provided, however, that the requirements of this §
250-4.15 and the following criteria are met:
(a)
Standards. In granting the special permit, the Planning Board
shall find that the permit may be granted without substantial detriment
to the public good and without nullifying or substantially derogating
from the intent and purpose of this bylaw, and shall find that:
[1] The specific site is an appropriate location for
such an installation;
[2] The proposed installation will not adversely affect
the existing neighborhood by the following:
[c] Natural and rural character.
[3] The granting of the special permit will not reasonably
diminish the available light, air, sunlight and other amenities; and
[4] There will be no nuisance or serious hazard to
vehicles or pedestrians.
(b)
Conditions. The Planning Board may impose any conditions deemed
necessary to achieve the purpose of this bylaw, such as, but not limited
to, the following:
[1] Greater than minimum setback requirements;
[2] Modification of exterior appearance;
[3] Limitation of size or extent of facilities;
[4] Regulation of traffic and site plan features;
[5] Screening of premises from view by use of appropriate
walls, fencing or buffer strips;
[6] Control of the number, location, size and lighting
of signs;
[7] Additional design and siting modifications where
appropriate.
(4)
Development plan review.
(a)
All large-scale ground-mounted solar photovoltaic installations shall require development plan review, under §
250-8.4 of the Zoning Bylaws, by the Lunenburg Planning Board. A public information meeting shall be held by said Board. The Building Commissioner shall not issue a building permit unless, and until, the Planning Board submits an approved development plan review document, and special permit documentation, where applicable, to the Building Commissioner.
(b)
A building permit will be issued by the Building Commissioner
that shows evidence that the project is consistent with state and
federal building codes, the findings and directives of the development
plan review, and/or special permit, and local bylaws and regulations,
including those set forth by the Conservation Commission. As-built
plans shall be submitted prior to final inspection to the Building
Commissioner, with copies to the Planning Board.
(5)
Utility notification. Evidence shall be provided at the time
of the application for the development plan review that the utility
company that operates the electrical grid where the installation is
to be located has been informed of the applicant's intent to construct
a solar photovoltaic installation and that approval to connect to
the grid has been granted or appropriate application(s) has or will
be made to such utilities for interconnection. Off-grid systems shall
be exempt from this requirement. Reasonable efforts should be made
to place all utility connections underground, depending on appropriate
soil conditions, shape and topography of the site.
(6)
Fees. An application for a development plan review shall be
accompanied by the required fee and a tri-party account (in-house
escrow account with the Planning Board, developer and Town Treasurer)
for engineering review, monitoring, and inspections fees. An application
for a building permit shall be accompanied by the fee required for
a building permit. All other fees that shall be required by permitting
parties (Conservation Commission, etc.) shall be administered according
to their regulations.
(7)
Setbacks and buffer strips.
(a)
Buffer strips in all districts. All ground-mounted installations
shall be surrounded by a buffer strip which shall be 200 feet in depth
in a Residential, Conservation or Recreation District and shall be
50 feet in a Commercial or Industrial District unless it abuts a Residential,
Conservation or Recreation District, in which case the buffer strip
shall be 200 feet in depth along such abutting lot lines, unless the
applicant can demonstrate, and the Planning Board finds, that adequate
buffering can be provided in a narrower buffer strip.
(b)
Setbacks in all districts.
[1] Front yard. The front yard shall be at least 50
feet; provided, however, that when the lot is in a Residential, Outlying
or Recreation District or abuts a Residential, Conservation, or a
Recreation District, the front lot setback shall not be less than
200 feet.
[2] Side yard. Each side yard setback shall be at least
50 feet; provided, however, that when the lot is in a Residential,
Outlying or Recreation District or abuts a Residential, Conservation,
or a Recreation District, the side yard setback shall not be less
than 200 feet.
[3] Rear yard. The rear yard shall be at least 50 feet;
provided, however, that when the lot is in a Residential, Outlying
or Recreation District or abuts a Residential, Conservation, or a
Recreation District, the rear yard setback shall not be less than
200 feet.
(8)
Required documents. In addition to documents required for development
plan review, the following will be required for large-scale ground-mounted
solar photovoltaic installations. The Planning Board may waive one
or more of these requirements in its sole discretion under appropriate
circumstances for large-scale ground-mounted solar photovoltaic installations
between 10 kW and 249 kW.
(a)
All plans and maps shall be prepared, stamped and signed by
a professional engineer licensed to practice in Massachusetts.
(b)
Property lines and physical features, including roads for property
sites.
(c)
Proposed changes to landscape of site, including grading, vegetation,
clearing, planting, screening vegetation or structures.
(d)
Locations of wetlands and priority habitat areas defined by
the Natural Heritage and Endangered Species Program.
(e)
Locations of floodplains or inundation areas for moderate- or
high-hazard dams.
(f)
A list of any hazardous materials proposed to be located on the site in excess of household quantities and a plan to prevent their release to the environment as appropriate. [See Subsection
D(9)(i)].
(g)
Drawings of the installation showing the proposed layout of
the system and any potential shading from nearby structures.
(h)
One- or three-phase line electrical diagrams detailing the installation,
associated components and electrical interconnection methods with
all National Electrical Code compliant disconnects and overcurrent
devices.
(i)
Documentation of the major system components to be used, including
the electric-generating PV panels, mounting system, inverter, etc.
(j)
Name of property owner, address, telephone number, e-mail.
(k)
Name of lessor or lessee, address, telephone number, e-mail.
(l)
Name of contact person, address, telephone number, e-mail.
(m)
Name of designing engineer, address, telephone number, e-mail.
(n)
Names of contractors, address, telephone number, e-mail.
(o)
Name of installer, address, telephone number, e-mail.
(p)
Zoning district designation for parcel of land, map and parcel.
(q)
Documentation of actual or prospective access and control of
the project site sufficient to allow for construction and operation
and maintenance of the proposed solar photovoltaic installation.
(r)
Provision of water, including that needed for fire protection.
(s)
Proof of liability insurance.
(t)
Description of the financial surety required by Subsection
D(12) below.
(u)
Sight line representations depicting in profile the view of
the proposed installation, and any appurtenant structures, from the
location upon any public road within 300 feet that would have the
most unobstructed view of the installations, and from the closest
wall of each residential building within 300 feet of the highest point
of the installation.
(v)
A screening plan, in compliance with Subsection
D(9)(f).
(9)
Design standards.
(a)
Lighting and security. Lighting of solar photovoltaic installations
shall be consistent with local, state and federal law. Lighting of
other parts of the installation, such as any appurtenant structures,
shall be limited to that required for safety and operational purposes
and shall be reasonably shielded from abutting properties. Where feasible,
any required lighting shall be directed downward and shall incorporate
full-cut-off fixtures to reduce light pollution. Surveillance and
security cameras shall be shielded from viewing abutting private property
or invading the privacy of any abutting residential property owner.
(b)
Signage. Signage size shall comply with the Zoning Bylaw and
shall not be used for displaying any advertising except to identify
the owner and/or operator of the solar installation and a twenty-four-hour
emergency contact telephone number.
(c)
Land clearing. Clearing of natural vegetation shall be limited
to what is necessary for construction, operation and maintenance of
the installation Any land disturbance, including earth removal of
land cleared greater than one acre shall be subject to stormwater
management criteria and/or as otherwise prescribed by applicable laws,
regulations and bylaws.
(d)
Safety, emergency service and environmental standards. The applicant
shall provide a copy of the project summary, electrical schematic,
and site plan. The applicant shall develop an emergency response plan,
including showing all means of shutting down the solar installation.
The applicant shall submit the name of the person answerable to inquires
throughout the life of the installation. If the designated person
changes, the name of the new designated person shall be submitted
as an addendum.
(e)
Monitoring and maintenance.
[1] The applicant shall submit a plan for the operation
and maintenance of the installation which shall include measures for
maintaining the site, including safe access, stormwater control, structural
repairs and the integrity of security measures. These measures must
be acceptable to the Fire Chief and emergency medical services personnel.
If needed, training of service personnel will be provided by the applicant.
The owner/operator shall be responsible for the cost of maintaining
the installation.
[2] The applicant shall also submit a monitoring/inspection
form under the development plan review during construction, and shall
further submit a report on the condition of the structure and site
by January 15 of each year.
(f)
Visual impact. Any large-scale ground-mounted solar photovoltaic
installation shall be designed to minimize visual impacts, including
preserving natural vegetation to the maximum extent possible, blending
in equipment with the surroundings, and adding vegetative buffers
to screen abutting residential properties, whether developed or not.
Siting shall be such that the view of the solar electric-generating
installation from other areas of Town shall be as minimal as possible.
Buffer strips shall surround the proposed project. A screening plan,
that assures the facility is shielded to greatest extent possible
from public view, shall be required to be reviewed under the development
plan review.
(g)
Height. The height of any structure associated with a large-scale
ground-mounted solar photovoltaic installation shall not exceed 35
feet.
(h)
Roads. All access roads and interior roads shall be constructed
to minimize grading, removal of stone wall or trees and to minimize
impacts to environmental or historic resources.
(i)
Hazardous materials. Hazardous materials stored, used, or generated
on site shall not exceed the amount for a very small quantity generator
of hazardous waste as defined by the Department of Environmental Protection
("DEP") pursuant to 310 CMR 30.000 and shall meet all requirements
of the DEP, including storage of hazardous materials in a building
with an impervious floor that is not adjacent to any floor drains
to prevent discharge to the outdoor environment. If hazardous materials
are utilized within the solar electric equipment, then impervious
containment areas capable of controlling any release to the environment
and to prevent potential contamination of groundwater are required.
(j)
Noise. Noise generated by a large-scale ground-mounted solar
photovoltaic installation, and by any associated equipment and machinery,
shall conform to applicable state and local noise regulations, including
the Department of Environmental Protection's Division of Air Quality
noise regulations, 310 CMR 7.10. The site shall not produce any other
vibration, harmonics, or interference which would be perceived or
impact the normal function of electronics off site.
(10)
Modifications. All modification requests to a solar photovoltaic
installation, including changes in arrays, addition to number of arrays
or change in placement, made after issuance of the required building
permit shall require review through development plan review for compliance
with this bylaw.
(11)
Abandonment and removal. Absent notice of the proposed date
of decommissioning or written notice of extenuating circumstances,
the solar photovoltaic installation shall be considered abandoned
when it fails to operate for more than one year without the written
consent of the Planning Board. The owner or operator shall physically
remove the installation no more than 150 days after the date of abandonment
or the proposed date of decommissioning operations. The owner or operator
shall notify the Planning Board by certified mail of the proposed
date of discontinued operations and plans for removal. The notification
shall consist of the methodology of physical removal of all structures,
equipment, security barriers and transmission lines, disposal of all
solid and hazardous waste and stabilization or revegetation of the
site. Landscaping, etc. may be left upon approval of the Planning
Board. If the owner or operator fails to remove the installation in
accordance with the above criteria, the Town may, after the receipt
of an appropriate court order or consent of the property owner, enter
the property and physically remove the installation at the owner's
expense. As a condition of development plan review, a property owner
shall agree to allow the Town entry to remove an abandoned or decommissioned
installation. The cost for the removal will be charged to the property
owner in accordance with the provisions of MGL c. 139, § 3A
as a tax lien on the property.
(12)
Financial surety. Proponents of large-scale solar photovoltaic
projects shall provide a form of surety, either through an escrow
account, bond or otherwise, to cover the cost of removal in the event
the Town must remove the installation and remediate the landscape,
in an amount and form determined to be reasonable by the development
plan review authority, but in no event to exceed more than 125% of
the cost of removal and compliance with the additional requirements
set forth herein, as determined by the project proponent. Such surety
will not be required for municipally or state-owned facilities. The
project owner/operator shall submit a fully inclusive estimate of
the costs associated with removal, prepared by a qualified engineer.
The amount shall include a mechanism for calculating increased removal
cost due to inflation.
E. Inclusionary uses and conflicts.
(1)
Small accessory or ornamental solar products which do not generate
electricity for use in a dwelling or structure are exempt from the
provisions in this bylaw.
(2)
In the event that any part of this section conflicts with other
requirements of the Zoning Bylaw, the requirements of this section
shall apply.
[Amended 5-5-2018 ATM
by Art. 33]
A. Purpose: to provide for the placement of registered marijuana dispensaries
(RMDs), in accordance with the Humanitarian Medical Use of Marijuana
Act, MGL c. 94C, App. 1-1 - Chapter 369 of the Acts of 2012, in locations
suitable for lawful medical marijuana facilities and to minimize adverse
impact of RMDs on adjacent properties, residential neighborhoods,
historic districts, schools, playgrounds and other locations where
minors congregate by regulating the siting, design, placement, security
and removal of RMDs.
B. Applicability.
(1)
All RMDs shall comply with the regulations promulgated by the
Massachusetts Department of Public Health (DPH), 105 CMR 725.000,
Implementation of an Act for the Humanitarian Medical Use of Marijuana,
effective May 24, 2013, and any subsequent amendments thereto.
(2)
The Town reserves the right to require compliance with provisions in the DPH regulations for which the state granted waivers and/or exemptions to the RMD applicant based on the provisions of §
250-8.3C (as to special permits) and §
250-8.4 (as to development plan review).
C. Definition. As used in this section, the following terms shall have
the meanings indicated:
REGISTERED MARIJUANA DISPENSARY
Also known as a "medical marijuana treatment center," means
a not-for-profit entity registered under 105 CMR 725.000 that acquires,
cultivates, possesses, processes (including development of related
products such as edible marijuana-infused products, tinctures, aerosols,
oils, or ointments), transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies,
or educational materials to registered qualifying patients or their
personal caregivers. Unless otherwise specified, "RMD" refers to the
site(s) of dispensing, cultivation, and preparation of marijuana.
D. Location.
(1)
RMDs that include retail, processing and cultivation are allowed
in Commercial Districts (C) by special permit.
(2)
Cultivation and/or agricultural processing: Allowed in all Residential Districts by Special Permit but only if the applicant is otherwise eligible for protection under § 250-4.1.c(2) and/or G.L. c. 40A, §
3.
(3)
RMD facilities that cultivate and process, but do not do retail
of marijuana, are allowed in Office Park and Industrial Districts
(OP/I) by special permit.
(4)
All cultivation must be conducted within a building which must
be located at least five hundred (500) feet from any residential property
line.
E. Procedure for submittal.
(1)
The Planning Board shall be the special permit granting authority (SPGA) for a RMD special permit per MGL c. 40A, § 9. Siting shall be by special permit and development plan review per §
250-8.4 of the Lunenburg Protective Bylaw.
(2)
Criteria. In granting any special permit, the Planning Board
shall assure that the proposed use:
(a)
Will not be injurious or dangerous to the public health or unduly
hazardous because of traffic congestion, danger or fire or explosion
or other reasons.
(b)
Will not have a material adverse effect on the value of land
and buildings in the neighborhood or on the amenities of the neighborhood.
(c)
Will be operated with reasonable regard for order and sightliness,
if an open use.
(d)
Will not produce noise, vibration, smoke, dust, odor, heat or
glare observable at the lot lines in amounts clearly detrimental to
the normal use of adjacent property.
(3)
It is recommended that a concept plan showing the proposed use
shall be submitted to the Planning Board for review and discussion
prior to the filing for development plan review.
(4)
The provisions of §
250-8.3C (as to special permits) and §
250-8.4 (as to development plan review) shall apply.
(6)
A special permit granted under this section shall have a term
limited to the duration of the applicant's ownership of the premises
as a RMD. A special permit may be transferred only with the approval
of the special permit granting authority in the form of an amendment
to the special permit with all information required in this section.
F. Conditional standards.
(1)
Distance. All proposed RMDs shall be sited accordingly as stated
in Massachusetts Department of Public Health (DPH) 105 CMR 725.110(A)(14),
which states a RMD shall not be sited within a radius of 500 feet
of a school, day-care center, or any facility in which children commonly
congregate. The five-hundred-foot distance under this section is measured
in a straight line from the nearest point of the facility in question
to the nearest point of the proposed RMD.
(2)
Setbacks and buffer strips. Cultivation facilities located outside
of Retail Commercial (RC), Commercial (C), or Office Park and Industrial
Districts (OP/I) shall be surrounded by a buffer strip which shall
be five hundred (500) feet in depth unless the applicant can demonstrate,
and the Planning Board finds, that adequate buffering can be provided
in a narrower buffer strip. In all other districts, existing setbacks
will apply.
(3)
Design standards. In addition to requirements contained elsewhere
in this bylaw, § 250-4.6E, Design standards, shall be applicable
to a RMD. The applicant shall meet all requirements of the Commercial
District (C) or DPH guidelines, whichever is more restrictive.
(4)
Waivers. The Planning Board may waive any of the conditional
standards within this section, provided that such waiver will not
derogate from the intent established herein.
G. Security.
(1)
All security measures shall be approved by the Lunenburg Fire
and Police Chiefs. An active security system shall be required for
all RMD locations and approved by both the Lunenburg Fire and Police
Chiefs and submitted to the Planning Board for final approval.
(2)
RMDs shall be open to inspection by the Fire Department, Police
Department, Building Commissioner and the Board of Health with 24
hours' notice of request for such inspection to be made by the Town
department or official. A property contact shall be available to such
Town department or official 24 hours a day, seven days a week.
H. Documentation. The Planning Board shall be provided with all decisions
or approvals, denials or other substantive actions by DPH regarding
the RMD and all submittals of information relating to such activities
between the applicant or RMD and DPH.
[Added 5-4-2019 ATM by Art. 25]
A. Purpose. The purpose of this Bylaw is to allow state-licensed non-medical
Marijuana Establishments to exist in the Town of Lunenburg in accordance
with applicable state laws and regulations and impose reasonable safeguards
to govern the time, place and manner of Marijuana Establishment operations
and any business dealing in marijuana, marijuana products and marijuana
accessories in such a way as to ensure public health, safety, well-being,
as well as limit undue impacts on the natural environment as it relates
to cultivation, processing and manufacturing subject to the provisions
of this Zoning Bylaw, M.G.L. c. 40A, and M.G.L. c. 94G.
B. Applicability. Where permitted by the Use Regulation Schedule, Section
250-4.1, the types of Marijuana Establishments specified therein may be allowed in designated zoning districts by special permit issued by the Planning Board pursuant to M.G.L. c. 40A, § 9, and Section
250-8.3 of this By-Law. All Marijuana Establishments authorized by special permit shall also require site plan review pursuant to Section
250-8.4; which review shall be undertaken concurrently with the special permit process. The provisions of this Section
250-4.15 shall not apply to Medical Marijuana Treatment Centers, which shall be subject to and governed exclusively by Section
250-4.14.
C. Special permit required. The Planning Board may grant a Special Permit for Marijuana Establishments, as defined in M.G.L. c. 94G, in accordance with the standards set forth in this section and the general criteria for granting a Special Permit contained in Section
250-8.3 of the Code of Lunenburg.
D. Definitions. This Bylaw shall incorporate all definitions promulgated
by M.G.L. 94G as amended.
E.
Requirements.
1. It shall be unlawful for any person to operate a Marijuana Establishment
without obtaining a special permit to operate pursuant to the requirements
of this Bylaw.
2. A separate special permit is required for each different Marijuana Establishment detailed in Section
250-4.1O. In the case that one or more different types of Marijuana Establishments are proposed, each establishment type shall require a special permit from the Planning Board.
3. The special permit requirements set forth in this Bylaw shall be
in addition to, and not in lieu of, any other licensing and permitting
requirements imposed by any other federal, state, or local law.
4. The issuance of a special permit pursuant to this Bylaw does not
create an exception, defense, or immunity to any person or entity
in regard to any potential criminal liability the person or entity
may have for the production, distribution, or possession of marijuana.
5. A special permit issued for a Marijuana Establishment is not transferable
or assignable to a different location or a different type of Marijuana
Establishment.
F. General requirements for marijuana establishments. The following apply to all Marijuana Establishments as defined in Section
250-4.1O and in M.G.L. c. 94G, including but not limited to marijuana cultivation, manufacturing, testing, and retail establishments:
(1)
Security, operations, and emergency plans. All Marijuana Establishments
shall file a security plan, operation and management plan, and emergency
plan with the Lunenburg Police Department: Should the Lunenburg Police
Department find the Security Plan deficient, and the applicant is
unable to appropriately modify the Plan to the Department's satisfaction,
the Lunenburg Police Department shall submit a written document outlining
the deficiencies.
(a)
Security plan.
[1] The petitioner shall submit a security plan to
the Lunenburg Police Department, in conformance with the requirements
of the Lunenburg Police Department, to demonstrate that there is limited
undue burden on Town public safety officials as a result of the proposed
business.
[2] The security plan shall include the details of
all security measures for the site and the transportation of marijuana
and marijuana products to and from off-site premises to ensure the
safety of employees and the public and to protect the premises property
from theft or other criminal activity.
(b)
Operation and management plan. All Marijuana Establishments
shall submit an operation and management plan to the Building Department
and Planning Board which shall include, but not be limited to the
following elements: Organizational Structure, Location, Property Description,
Hours of Operation and Staffing, description of proposed operations,
distribution practices, employee safety, general compliance, fire
prevention, sanitation and waste disposal requirements, electrical
system overview, proposed energy demand and proposed electrical demand
off-sets, ventilation system and air quality, proposed water system
and utility demand prior to the issuance of a building permit.
(c)
Emergency response plan. All Marijuana Establishments shall
meet with the Lunenburg Fire Department and the Lunenburg Police Department
to discuss and identify emergency plans/contingency plans for the
site. A written Emergency Response Plan, including contact information
for a facility representative available 24 hours a day, shall be filed
with the Lunenburg Fire Department and the Lunenburg Police Department
pursuant to M.G.L. c. 94G, § 12.
(d)
Marijuana Establishments shall comply with 527 CMR and with
Chapter 38 of the NFPA 1 (2018), as they may be amended, and as applicable.
(2)
All Marijuana Establishments shall be within a fully enclosed
structure and no marijuana odor shall be detectable at the Marijuana
Establishment's property line. The use of chemical masking agents
shall not be permitted.
(3)
Marijuana Establishments shall not be located in mobile structures.
(4)
A Marijuana Establishment shall not be located within 500 feet
of a pre-existing public or private school providing education in
kindergarten or any of grades 1 through 12, pre-existing small and
large group child care facilities licensed by the Commonwealth, or
within 250 feet of pre-existing family child care providers licensed
by the Commonwealth, municipal active recreation facilities, houses
of worship and funeral homes. This setback shall be measured from
the nearest portion of the Marijuana Establishment's structure to
the property line of the protected use.
(5)
All business signage shall be subject to the requirements to be promulgated by the Cannabis Control Commission and the requirements of Sections
250-6.5 of the Code of Lunenburg, as amended.
(6)
No marijuana shall be smoked, eaten, or otherwise consumed or
ingested within any type of licensed Marijuana Establishment or property
thereof.
(7)
Marijuana Establishments shall comply with applicable State
and local laws, regulations, by-laws, codes, conditions and agreements
with the Town, including, but not limited to, M.G.L. c. 94G, 935 CMR
500, the Town of Lunenburg's General By-Laws, the Town of Lunenburg's
Zoning By-Laws, all applicable local and state building, fire prevention,
police, and health codes, regulations and standards, any conditions
imposed on licenses and permits held by the Marijuana Establishment
(including, but not limited to, the Town's Planning Board Special
Permit), and agreements between the Marijuana Establishment and the
Town, including host community agreements.
(8)
All Marijuana Establishments shall be required to permit each
individual location/address individually with the Town of Lunenburg.
(9)
Marijuana Establishment operations shall not create nuisance
conditions in parking areas, sidewalks, streets and areas surrounding
its premises and adjacent properties. "Nuisance" includes, but is
not limited to, disturbances of the peace, open public consumption
of Marijuana, excessive pedestrian or vehicular traffic, odors emanating
from the Marijuana Establishment's premises, lighting, illegal drug
activity under State or local law, harassment of passersby, littering,
loitering, illegal parking, excessive loud noises, excessive citation
for violations of State traffic laws and regulations and/or local
Traffic Rules and Regulations, queuing of patrons (vehicular or pedestrian)
in or other obstructions of the public way (sidewalks and streets),
collisions between vehicles, bicyclists, and pedestrians, lewd conduct
or any activities that result in police detentions and arrests.
(10)
A Marijuana Establishment shall be required to remove all Marijuana
and Marijuana Products by the earlier of:
(a)
Prior to surrendering its State-issued license; or
(b)
Within 90 days of ceasing operations.
Applicants shall be required to estimate and submit a detailed
breakdown of the total cost for the removal of all Marijuana and marijuana
products. This estimate will be reviewed and approved by the Planning
Board. Prior to the recording of any Special Permit, the applicant
shall place surety with the Town of Lunenburg in the amount of the
approved estimate plus 20%.
|
(11)
No use of any special permit or site plan approval issued hereunder
shall commence nor shall construction of a Marijuana Establishment
authorized hereunder begin unless and until all requisite provisional
license(s) and approval(s) under M.G.L. c. 94G and 935 CMR 500.000,
et seq., have first been obtained. No Marijuana Establishment shall
be permitted to commence operations until the Cannabis Control Commission
has issued a Final License.
(12)
No land, building(s) or structure(s) shall be used for Marijuana-related
business or activity except in accordance with a license issued by
the Commonwealth of Massachusetts in good standing.
(13)
The requirements of this Section
250-4.15 shall apply to all Marijuana Establishments regardless of the class or type of license issued by the Commonwealth of Massachusetts. All requisite operational, siting and security requirements of the applicable licensing scheme shall be satisfied, and proof thereof submitted to the Planning Board.
(14)
Marijuana plants, marijuana products and marijuana accessories
for the ingestion, inhalation, or used to introduce marijuana to the
human body shall not be visible from the outside of any structure
in which a Marijuana Establishment is located; nor shall any outdoor
storage be permitted. The foregoing shall be deemed to prohibit outdoor
cultivation by a Marijuana Cultivator.
(15)
No Marijuana-related public events shall be permitted except
in accordance with M.G.L. c. 94G and 935 CMR 500.000, et seq., and
only if, and as may be authorized by, the Board of Selectmen from
time to time.
(16)
The Planning Board, as SPGA, may impose such restrictions on
the time, place and manner of Marijuana Establishment operations and
of any business dealing in marijuana, marijuana products and/or marijuana
accessories as may be necessary to protect the public interest and/or
to satisfy the purpose and intent of this By-Law. The Planning Board
may consider factors including, but not limited to, project and building
design, setbacks, visibility, traffic and pedestrian circulation,
outdoor lighting, odor control, security, hours of operation and consistency
with nearby and abutting land uses, and may reasonably condition any
special permit or site plan approval accordingly.
(17)
Pursuant to M.G.L. c. 40A, § 3, agriculture, aquaculture,
floriculture and horticulture shall not include the growing, cultivation,
distribution of Marijuana; and, consequently, these activities are
not exempt from zoning thereunder.
(18)
All shipping and receiving areas shall be for the exclusive
use of the Marijuana Establishment.
(19)
All Marijuana Establishments shall comply fully with the provisions
of 935 CMR 500.000, as amended.
G. Access to premises and information/reporting/record-keeping.
(1)
Marijuana Establishments shall consent to unannounced, unscheduled,
periodic inspections of its premises by the Building Commissioner
or designee, or an agent from the Planning, Health, Police and Fire
Departments (which, when conducted by the Police Department, shall
be by a sworn police officer assigned by the Chief) on week-days during
normal business hours to determine the Marijuana Establishment's compliance
with the requirements of applicable state and local laws, regulations,
codes, license and permit conditions, and this section. In addition,
routine inspections may be made on week-days during regular Town business
hours by authorized inspectional departments to determine compliance
with applicable state and local laws, regulations, codes and license
and permit conditions. Inspections by the authorized inspectional
departments may be made at other times to investigate complaints or
suspected noncompliance issues. Inspections may include all areas
occupied, used or controlled by the Marijuana Establishment. Facilities
requiring re-inspection may be subject to applicable re-inspection
fees. Inspections shall be conducted in conformity with applicable
federal, state and local law.
(2)
Marijuana Establishments shall cooperate and comply with requests
for information made by the Building Commissioner or designee, including
agents from the Planning, Building, Health, Police, Fire and Public
Works Departments. Within 24 hours of receipt of notice of it, a Marijuana
Establishment shall file with the Town Manager, Police Chief, Board
of Health and the Building Commissioner any summary cease and desist
order, quarantine order, suspension order, revocation order, order
limiting sales, deficiency statement, plan of correction, notice of
a hearing, notice of any other administrative process or legal action,
denial of a license, denial of a renewal of a license, or final action
issued by a state or federal agency (including, but not limited to,
the Cannabis Control Commission and Massachusetts Department of Public
Health) regarding the Marijuana Establishment, the Cannabis Control
Commission license, or the Department of Public Health Certificate
of Registration.
H. Requirements specific to marijuana retailer establishments. Marijuana
retailers shall be subject to M.G.L. c. 94G, § 12 and the
following restrictions to ensure there are no undue impacts on the
health, safety, and well-being of the public:
(1)
As defined in M.G.L. c. 94G, the number of marijuana retailers
shall be limited to no more than 2.
(2)
There shall be no drive/walk-up service window or other mechanical
or non-mechanical means that allows the retail sale of marijuana,
marijuana products and/or marijuana accessories through the exterior
walls of a retail Marijuana Establishment to a customer or customers.
I. Requirements specific to marijuana transporters.
(1)
No marijuana or marijuana products shall be permitted to be
stored in any vehicle. All products must be stored inside a fully
enclosed building and in a manner deemed appropriate by the Lunenburg
Police Department and the Planning Board.
J. Setbacks from residential uses. All Marijuana Establishments must
be setback from any pre-existing residential use or lot located in
a residential zoning district as shown in the chart below. This distance
shall be measured from nearest portion of the Marijuana establishment's
structure to the property line.
|
|
Zoning District Marijuana Establishment is Located
|
---|
|
Marijuana Establishment Type
|
RA
|
RB
|
O
|
LB/R
|
C
|
OP/I
|
R
|
VCD
|
SS
|
TT
|
W
|
---|
4.1O(1)
|
Marijuana Cultivator
|
500 feet
|
500 feet
|
500 feet
|
N/A
|
N/A
|
250 Feet
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
4.1O(2)
|
Marijuana Product Manufacturer
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
250 Feet
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
4.1O(3)
|
Marijuana Testing Facility
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
250 feet
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
4.1O(4)
|
Marijuana Retailer
|
N/A
|
N/A
|
N/A
|
N/A
|
250 Feet
|
250 feet
|
N/A
|
N/A
|
250 Feet
|
N/A
|
N/A
|
4.1O(5)
|
Marijuana Transporter
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
250 feet
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
4.1O(6)
|
Marijuana Researcher
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
250 feet
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
K. Special permit procedure: All Special Permits for Marijuana Establishments shall be filed and follow the provisions of Section
250-8.3 of the Code of Lunenburg and the Planning Board Rules and Regulations for Site Plan Approval & Special Permits, as amended. In addition to the requirements listed in the aforementioned documents applicants must also submit the following information:
(1)
An applicant shall submit a copy of its Host Community Agreement
(HCA) with the Town, authorizing its development of a Marijuana Establishment
on the site subject to receipt of applicable permits; as well as copies
of all registrations and licenses, if any, issued to the applicant
by the Commonwealth or any of its agencies for operation of a Marijuana
Establishment on the site. Licensure by the Commonwealth is not a
prerequisite to application submittal; provided, however, that commencement
of use of or construction under a special permit is and shall be conditioned
upon issuance of all requisite provisional licenses and approvals
under applicable law. Final licensure of the Marijuana Establishment
shall be required before commencement of operations.
[Amended 5-7-2022 ATM by Art. 26]
(2)
In addition to complying with any other state or town requirement
related to good character and criminal background, any person or entity
proposed to have interests in the license to operate a Marijuana Establishment
shall not have committed any marijuana licensing violation affecting
public safety, or received any suspension or revocation of any other
state or local marijuana business licenses.
(3)
A statement signed by the organization's chief executive officer
disclosing all of its designated owners, including officers, directors,
partners, managers, investors or other similarly situated individuals.
If any of the above are entities rather than persons, the Applicant
must disclose the identity and current contact information of all
responsible individuals.
(4)
Evidence that the applicant has site control and the right to
use the site for a Marijuana Establishment.
(5)
An Odor Control Plan detailing the Marijuana Establishment's
proposed mitigation measures for the potential odors associated with
the operation of their business.
L. Special permit findings: In addition to the findings for a special permit in Section
250-8.3 of the Code of Lunenburg, the Planning Board must also make the following findings:
(1)
The applicant demonstrates that the Marijuana Establishment
will meet all of the permitting requirements of all applicable agencies
within the Commonwealth and will be in compliance with all applicable
state laws and regulations, including, but not limited to M.G.L.A.
c. 94G, § 12 General Marijuana Establishment Operation.
(2)
The applicant has satisfied all of the conditions and requirements
of this section and other applicable sections of the Zoning Bylaw
and any applicable town bylaws.
(3)
The facility provides adequate security measures to ensure that
there are not direct threats to the health or safety of employees,
staff, or members of the public and that storage and location of marijuana
and marijuana products is adequately secured.
M. Lapse: Notwithstanding the provisions of Sections
250-8.3 and 8.4 of this Bylaw, any special permit issued for a Marijuana Establishment, and any site plan approval received therefor, shall lapse within one year from the grant thereof (plus such time as may be required to pursue or await the determination of an appeal therefrom) if substantial use has not sooner commenced, except for good cause.
N. Prohibition: All Marijuana Social Consumption Operations are expressly
prohibited anywhere within the Town of Lunenburg; provided, however,
that said prohibition shall apply only insofar as the same does not
conflict with Massachusetts law, or has not been preempted thereby.
O. Revocation: Any violation of this Bylaw or conditions of the Special
Permit shall be grounds for the revocation. The Special Permit may
be revoked by the Planning Board if the Cannabis Control Commission
license is revoked or lapses. The Marijuana Establishment shall notify
the Planning Board of the revocation or loss of license(s) in writing
within 48 hours of such happening.
P. Severability: If any provision of this section is invalidated by
subsequent legislation or regulation, or held to be invalid by a court
of competent jurisdiction, then such provision shall be considered
separately and apart from the remaining provisions, which shall remain
in full force and effect.
[Added 5-2-2015 ATM by Art. 27]
Preamble: The Lunenburg Town Center region has tremendous importance
in symbolizing the unique character and heritage of Lunenburg. As
residents engage with the historic buildings and streetscape of this
area in the course of their routine daily business, be it school related,
recreational, commercial, or even just driving through, the experience
greatly reinforces a profound bond with the Town's present community
and past heritage. There is an opportunity to significantly improve
the quality of this already poignant civic experience and increase
the number of people who will be drawn to share in it by expanding
the businesses and other attractions in the area. There is also a
key challenge to preserving this critical embodiment of our Town.
Appropriate new uses or remedies must be found to the increasing number
of underutilized buildings located about the Town center. Town planning
experience and best practices, as exemplified in the state's model
bylaw for Village Center Districts, demonstrates some key ingredients
to sustaining and enriching this type of environment in small towns.
One of these is careful stewardship through clear guidelines for development
consistent with what the area means to the community. Another is encouraging
a level of intensive mixed-use development, so that the critical mass
of social and economic activity can be reached that will naturally
provide the resources and inspiration required to maintain and organically
adapt the area landmarks, buildings, and infrastructure without excessive
burden on the Town's public finances.
A. Purpose.
(1)
In pursuit of this opportunity and to address this challenge,
the Town implements this bylaw and designates this zoning district
as the Village Center District in order to encourage economic and
residential growth that fits the character of the Town.
(2)
The purposes of the Village Center District are to:
(a)
Build upon the historic development patterns in the existing
village centers to create attractive, walkable neighborhoods;
(b)
Encourage adaptive reuse of abandoned, vacant or underutilized
buildings or structures, where appropriate;
(c)
Allow for a mix of new land uses that are appropriate to both
the needs of the community and the scale of surrounding neighborhoods;
(d)
Provide incentives to develop larger parcels at higher densities
and in a coordinated, planned approach;
(e)
Maintain a consistently high level of design quality throughout
the district;
(f)
Encourage the development of mixed-use buildings and campuses
that are designed and constructed in a manner that is contextually
sensitive to the existing structures and facilities.
B. Establishment. The Village Center District is hereby established
as of 1 January 2016 and consists of the area shown as the Village
Center District on the Town of Lunenburg Zoning Map on file with the
Town/City Clerk and dated 2 May 2015, as may be amended from time
to time by Town Meeting.
C. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ARTIST DPRCE
A shop for the creation and/or sale of goods made by a potter,
ceramicist, silversmith, jewelry maker, painter, photographer or other
fine artist. This space may also serve as a living space for the artist,
provided there is adequate separation between uses per the governing
Building and Health Codes.
BANNER
A strip of cloth or other man-made fabric on which a sign
is painted, silk-screened or printed. The display area shall be defined
as the area of one face of the banner. The banner shall not exceed
40 square feet and shall not be displayed for more than 14 consecutive
days.
BED-AND-BREAKFAST
Bed-and-breakfast, or bed-and-breakfast establishment, provided
that:
(1)
The dwelling is owner-occupied.
(2)
The lot conforms to all dimensional requirements of the Zoning
Bylaw.
(3)
Parking for each room available for rent is provided in the
side yard behind the setback line or in the rear yard, but not nearer
than 10 feet to any property line. One parking place shall be provided
for each bedroom.
(4)
The outside appearance of the building is not altered from that
of a residence, except to comply with the Building Code.
CIVIC USE
A land use that provides a public, cultural, or institutional
benefit to the community. Specific uses may include, but shall not
be limited to, government offices, religious institutions, educational
institutions, and medical facilities (not including veterinary operations).
For the purposes of this bylaw, civic uses shall not include open
space as defined below.
MIXED USE
A combination of commercial and residential uses within a single building or lot. In the case of uses that fall under the special permit requirements of Subsection
E(2),
a Zoning Board of Appeals decision must be rendered on the use prior to the filing for development plan review.
MULTIPLE COMMERCIAL USE
A combination of commercial uses within a single building or lot. In the case of uses that fall under the special permit requirements of Subsection
E(2),
a Zoning Board of Appeals decision must be rendered on the use prior to the filing for development plan review.
OPEN DPRCE
In the context of an application for a Village Center District special permit, this term denotes open areas set aside for public use as part of a coordinated site development process. Specific requirements for ownership and maintenance are provided in Subsection
I and shall not include areas covered with impervious surface treatments.
PERSONAL SERVICE
An establishment engaged in the provision of services to
the general public which are conducted within the structure. This
includes, but is not limited to, barbers, hair salons, massage therapists,
chiropractors and nail salons.
PROFESSIONAL OFFICE
An office primarily devoted to professional activities, including,
but not limited to, banks, real estate, insurance or other agency
offices; an office of an accountant, physician, teacher, dentist,
engineer, lawyer, homebuilder, photographer, or other recognized professional
for which specific training and/or licensing is required. Drive-through
service shall be limited to banks and shall require a special permit.
RESTAURANT
A place serving food and beverage within a structure or patio,
primarily for consumption on the premises. Drive-through windows shall
be prohibited for this use.
RETAIL
An establishment engaged in displaying and selling goods
or merchandise within a building to the general public or to business
establishments where the goods or merchandise are not intended for
resale. There shall be no outdoor display of goods without the granting
of a special permit from the Board of Appeals.
TRANSPARENCY
The amount of transparent space that occupies a building
facade, including standard street-level windows and doorway windows.
D. Authority. The Planning Board shall act as the administering authority for any site plan approval procedure associated with this bylaw. The Board of Appeals shall serve as the special permit granting authority for any use that requires a special permit in the district, any use requiring a special permit pursuant to Subsection
E.
E. Use provisions.
[Amended 8-22-2016 STM
by Art. 8]
(1)
The following uses are allowed by-right, subject to any development plan review requirements listed in §
250-8.4 and all applicable density and design provisions listed in this bylaw:
(a)
Retail, with a maximum 5,000 square feet of floor area.
(b)
Professional office space.
(g)
Mixed use containing less than 5,000 square feet per individual
proposed use.
(h)
Multiple commercial use containing less than 5,000 square feet
per individual proposed use.
(2)
The following uses are allowed only through the granting of a special permit by the Board of Appeals pursuant to the procedures outlined in §
250-8.3:
(a)
Single- and two-family homes.
(d)
Movie house/theater (maximum of two screens).
(f)
Outdoor markets, subject to applicable licensing requirements.
(h)
Drive-through use for banks.
(i)
Retail use greater than 5,000 square feet.
(j)
Uses allowed by-right with a floor area greater than 5,000 square
feet included in a multiple commercial use or mixed-use development.
(3)
The following uses are prohibited in the Village Center District:
(a)
Newly constructed one-story buildings on lots of less than five
acres.
(b)
Retail operations with more than 5,000 square feet of gross
floor area on any individual floor, except for reuse of buildings
existing prior to 1 May 2015, with footprints greater than 5,000 square
feet.
(c)
Drive-through establishments, excluding those expressly allowed
by special permit.
F. Dimensional requirements.
(1)
Requirements.
|
|
Building Type
|
---|
|
|
Mixed Use with Commercial First Floor
|
Other Mixed Use or Residential Only
|
---|
|
Maximum floor area ratio (FAR) (gross floor area/lot size)
|
2.0
|
1.5
|
|
Minimum lot frontage
|
75 feet
|
|
Maximum lot coverage
|
85%
|
|
Minimum lot area
|
N/A
|
|
Number of buildings per lot
|
|
|
Maximum building frontage
|
300 feet
|
|
Minimum front setback
|
5 feet
|
|
Maximum front setback w/o street furniture
|
15 feet
|
|
Minimum side/rear setback abutting a residential zone
|
10 feet
|
|
Minimum side/rear setback in VCD
|
5 feet
|
|
Interior setback (between buildings on the same lot)
|
10 feet
|
(2)
Height limitations for nonresidential and mixed use. Building
height for mixed use or nonresidential use shall not exceed 38 feet
and no building shall have more than three stories.
G. Parking requirements.
|
Use
|
Parking Requirement
|
---|
|
Retail/personal service/liquor store
|
1 parking space per 400 square feet of net floor area, plus
1 space per employee on the largest shift
|
|
Professional office/civic uses
|
1 parking space per 300 square feet of net floor area
|
|
Artists space
|
1 parking space per 400 square feet of net retail/gallery floor
area, plus 2 parking spaces per dwelling unit
|
|
Restaurant/private club
|
1 parking space per 4 seats, plus 1 space for each employee
on the largest shift
|
|
Bed-and-breakfast
|
1 parking space per accommodation room, plus 2 parking spaces
for the primary residence, plus 1 space per nonresident employee on
the largest shift
|
|
Mixed use/multiple commercial
|
Parking to be provided per the individual uses
|
|
All residential uses
|
2 parking spaces per dwelling unit
|
|
Movie house
|
1 parking space per 4 occupants, plus 1 parking space per 2
employees on the largest shift
|
|
Outdoor market
|
1 parking space per 500 square feet of sales space
|
(1)
As part of a development plan approval or special permit process
within this district, the applicant may request reductions to minimum
requirements or alternative methods for meeting the required parking.
(2)
Available innovative parking strategies include:
(a)
Shared on-site parking.
[1] Noncompeting uses. In mixed-use developments, applicants
may propose a reduction in parking requirements based on an analysis
of peak demands for noncompeting uses. Up to 50% of the requirements
for the predominant use may be waived by the Planning Board or the
Board of Appeals if the applicant can demonstrate that the peak demands
for two uses do not overlap. An additional 25% may be waived with
the addition of bicycle parking facilities.
(b)
Off-site parking. Separate from, or in conjunction with, shared
parking provisions, an applicant may use off-site parking to satisfy
its parking requirements in accordance with the following conditions:
[1] Off-site parking shall be within 1,000 feet of
the property for which it is being requested.
[2] Off-site parking spaces provided by a separate
private property owner shall be subject to a legally binding agreement
that will be presented to the permit granting authority as a condition
of either the development plan review or the special permit. Where
an agreement shall expire within a specified time line, the applicant
or current property owner shall continue to provide evidence to the
Building Commissioner that the agreement has been extended. The permit
granting authority will verify with the Building Commissioner that
there are no existing parking agreements during the permitting process.
H. Design standards. The design standards in this section shall be applied
to development within the Village Center District where applicable.
(1)
Occupied lot area.
(a)
The total lot devoted to building, parking, outdoor storage
and display and other impervious surfaces may occupy up to 85% of
the total lot area.
(2)
Buildings.
(a)
All buildings shall have a principal facade and entry (with
operable doors) facing a street or open space. Buildings may have
more than one principal facade and/or entry.
(b)
Building finish materials shall be appropriate to traditional
New England architecture and may include, but shall not be limited
to, brick or high-quality brick face, wood, stone or high-quality
stone face.
(c)
Building facades, materials and roof lines shall be reviewed
under the permit granting authority to ensure consistency and compatibility
with other structures.
(d)
Blank walls adjacent to streets, alleys or open spaces shall
not be permitted. Where windows are not possible or appropriate to
the intended use, vertical articulation in the form of raised or recessed
surfaces shall be used to break up blank walls.
(e)
New retail buildings shall have one of the following features
along the front entrances to pedestrians: awning, marquee, arcade
and/or colonnade.
(f)
Flat roofs that are visible from the street are prohibited unless
an appropriate facade is included in the design.
(g)
Larger buildings with multiple nonresidential tenants on the
first floor shall articulate the facade in a manner that distinguishes
the location of these tenants through the use of decorative raised
or depressed vertical surfaces, variations of acceptable signage,
awnings, marquees, colonnades or arcades.
(h)
Mixed-use buildings shall have no more than 25% of the first
floor dedicated to residential use. Conversion or partial conversion
of residential uses existing before 1 May 2015 are exempt from this
provision.
(i)
All new utility service connections shall be placed underground.
(j)
Lighting, signage and architectural style shall be consistent
with other uses in the district and reviewed under the permit granting
authority.
(3)
Signs.
(a)
Primary signs shall be flat against the facade, or mounted projecting
from the facade.
(b)
Signs that project from buildings shall have at least 10 feet
of clearance from the ground level.
(c)
Signs shall be externally lit from the front; lighting shall
be provided using a gooseneck fixture. Back lighting of signs shall
not be used.
(d)
Neon, flashing signs, moving signs, electric message signs,
and roof signs shall not be used, except for barber poles.
(e)
Banners with a specific date of expiration shall be allowed,
after approval by the Building Commissioner.
(f)
Signs shall be made of attractive materials consistent with
the character of the district. Materials may include wood (painted
or natural), stone, copper, brass, galvanized steel, painted canvas
or paint/engraved on facade surface.
(g)
Signs may only be incorporated into the skirt of awnings and
not on the primary angled surface.
(h)
Each building facade facing a street or parking area is permitted
to have signs that equal a maximum square footage of 5% of the respective
facade.
(i)
A building with multiple businesses shall have signs of equal
size on the facade; signs shall be either rectangular or oval shaped.
(j)
Freestanding signs other than portable and temporary signs should
be consistent with other uses in the district and require a special
permit from the special permit granting authority.
(k)
Sandwich board signs, flags and other portable signs are permitted
only within the property lines, as long as they are properly weighted.
(l)
Window signs, comprising no more than 10% of the transparent
surface, shall be allowed. Window signs shall not be lighted or animated
in any manner, with the exception of the standard lighting fixtures
within the building.
(4)
Site design.
(a)
Interior streets, drives, walkways and access.
[1] Site access shall be a single divided way (one
way in and one way out) where and when appropriate as determined by
the permit granting authority.
[2] Surfaces shall be pervious when possible and practical.
[3] Street-level frontage shall be devoted to entrances,
shop windows or other displays.
[4] Primary entrances to proposed and existing buildings
shall be situated on pedestrian amenities (e.g., sidewalks, plazas
or open space) with a minimum width of 10 feet.
[5] Setbacks shall be consistent with the fabric of
the existing street and do not preclude pedestrian access.
(b)
Parking and loading area.
[1] Parking shall be in the rear or side of the building(s)
and shall not be visible from the street line when possible. Parking
will be reviewed by the permit granting authority.
[2] All loading docks shall be to the rear of the building(s)
and shall not be visible from the street. Adequate access for loading
and emergency vehicles shall be maintained on one side of the building.
(c)
Sidewalks.
[1] Sidewalks shall be provided from the street line,
when applicable, and from the parking areas to the building(s).
(d)
Landscaping.
[1] There shall be a minimum of a four-foot landscaped
area along the street frontage and along the front and side of the
principal building(s) and plantings of indigenous materials along
the facades of the building(s) and between the building(s) if there
is more than one principal building on site.
[2] Additional landscaping and screening may be required
during the development plan review or by the permitting authority.
[3] Such landscape shall be of a type and height that
does not interfere with sight lines of drivers.
[4] Natural features shall be retained to the extent
possible.
[5] A landscape plan shall be provided and reviewed.
[6] Where residential neighborhoods abut commercial,
office or mixed-use developments, appropriate transitional features
shall be used and may include landscaping, open space or parks, or
streets with clearly designed pedestrian features.
(e)
Street furniture.
[1] Light fixtures shall be designed to be of number
and height that grants plentiful lighting. Such lighting shall shine
downwards so as to not affect adjacent properties and be dark sky
compliant.
[2] Lighting must also be placed on the side and rear
of the building.
[3] A lighting plan may be required if the permit granting
authority deems the project is of such a scale that the impacts to
the neighborhood are adverse; such plan will show where all light
fixtures are being proposed within the site, as well as a narrative
as to the type of light and height of all fixtures.
[4] Outdoor tables, benches, and bicycle racks shall
be of a style consistent with the principal use(s) of the site.
[5] The location, number and style of exterior trash
receptacles shall be reviewed under permit granting authority.
I. Village Center District campus developments. Developments that contain multiple buildings and uses on a single lot are encouraged as long as they are sensitive to the context of the surrounding area and meet the purposes outlined above. These developments are subject to the provisions of §
250-8.4, Site plan approval, of the Protective Bylaw as well as the additional design guidelines outlined in Subsection
H of this bylaw and below.
(1)
Additional design standards. In addition to those design standards listed in Subsection
H of this bylaw, applications for a Village Center District campus shall also meet the following standards:
(a)
Buildings.
[1] Newly constructed building facades for nonresidential
first-floor uses shall have a transparency of at least 20% and no
more than 60% for all facades that, wholly or partially, address street
frontage, sidewalks, or other public space.
[2] Buildings in Village Center District campus developments
shall meet the following criteria:
[a] No more than 10% of the first floor of newly constructed
buildings shall be occupied by residential use.
[b] No more than 60% of the total gross floor area
of the development shall be occupied by residential use.
(b)
Signs.
[1] Freestanding directory signs may be permitted as
part of a Village Center District campus application where several
nonresidential operations are accessed through a common vehicular
entrance. Such freestanding signs shall not exceed eight feet in height,
six feet in width and each tenant shall be allowed a maximum of 4.5
square feet to display the company or agency name.
(c)
Site design.
[1] Buildings shall be arranged in a manner that optimizes
the ability of residents and consumers to access public spaces and
pedestrian amenities.
[2] Buildings shall be oriented toward each other in
a way that minimizes conflicts between pedestrians and automobiles.
[3] Open space provided pursuant to Subsection
I(2) of this bylaw shall be designed as a public gathering place. Arcades, courtyards, parks, greens or other common areas shall be located in a manner that connects buildings to each other and to public sidewalks without interruption from parking areas or automobile travel lanes to the greatest practicable extent.
[4] Features that may be used to create open space
areas acceptable to the Planning Board or the Board of Appeals may
include, without limitation, fixed benches, fixed tables, fountains,
pathways, bikeways, bicycle racks, period lighting, shade trees, perennial
gardens, picnic areas, and/or trash receptacles.
(2)
Open space ownership and maintenance. As a condition of a special
permit, the Board of Appeals shall require an applicant to document
ownership of open space within the proposed development and to provide
a detailed maintenance schedule to ensure the long-term care of open
space areas.
J. Severability. If any provision of this bylaw is held invalid by a
court of competent jurisdiction, the remainder of the bylaw shall
not be affected thereby.