A.
Findings. Town of Easton finds the following conditions to occur:
(1)
The ground water underlying the town is the sole source of its existing
and future drinking water supply;
(2)
The ground water aquifers are integrally connected with and flow
into the surface waters, lakes, ponds and streams which constitute
significant recreational and economic resources used for water related
recreation and fishing;
(3)
Accidental spills and discharges of petroleum products and other
toxic or hazardous materials and sewage discharge have repeatedly
threatened the quality of such ground water supplies and related water
resources throughout Massachusetts, posing potential public health
and safety hazards and threatening economic losses to affected communities;
B.
Aquifer Protection Overlays Districts; Establishment and Location.
The Aquifer Protection Overlays District (APOD) shall be as delineated
on the Zoning Map of the Town of Easton and shall be superimposed
over any other district established by this chapter. They are based
upon a five-foot contour interval water table map, surficial geologic
mapping and ground water modeling.
[Amended 5-15-2017 ATM by Art. 29]
C.
Prohibited Uses. Within an APOD, the following uses are specifically
prohibited:
(1)
Sales or storage of fuels;
(2)
Junk yards;
(3)
Municipal sewage treatment facilities with on-site disposal of primary
or secondary treated effluent;
(4)
Packaged sewage treatment plants;
(5)
Car washes;
(6)
Road salt stockpiles not stored in approved structures;
(7)
Dumping of snow from outside the district;
(8)
Dry cleaning establishments;
(9)
Motor vehicle and boat service and repair facilities;
(10)
Metal plating establishments;
(11)
Veterinary clinic/animal hospital;
(13)
Chemical and bacteriological laboratories;
(14)
Any other use which involves as a principal activity the manufacture,
storage, use, transportation or disposal of toxic or hazardous materials,
except as allowed by special permit in this section;
(15)
Sanitary Landfills; specifically excluded from this provision
is the continued use and vertical expansion of the existing municipal
sanitary landfill off Prospect Street in accordance with approval
by the Massachusetts Department of Environmental Protection (DEP);
(16)
Solid waste facilities; with the specific exception that the
existing landfill located off Prospect Street may be converted to
a composting facility and/or a solid waste transfer station;
(17)
Land filling of sludge and septage.
D.
Density Regulations. Residential dwellings shall be permitted only at a density not greater than that allowed in Article IV.
E.
Special Permit Uses. Within the APODs the following uses shall be
allowed only upon receipt of a special permit from the Planning &
Zoning Board:
F.
Special Permits; Procedures. The Special Permit Granting Authority
(SPGA) under this Section shall be the Planning & Zoning Board.
Such special permits shall be granted if the SPGA determines, in conjunction
with the other Town agencies indicated below, that the intent of this
Section, as well as its criteria, are met. In making such a determination,
the SPGA shall give consideration to the simplicity, reliability and
feasibility of the control measures proposed and the degree and threat
to water quality which would result if the control measures fail.
(1)
Review by Other Town Agencies. Upon receipt of the special permit
application, the SPGA shall transmit one copy to the following: Department
of Public Works, Water Division, Board of Health, Zoning Board of
Appeals, Conservation Commission and the Building Commissioner for
their written recommendations. Failure to respond within 30 days shall
indicate approval or no desire to comment by said agency. The necessary
number of copies of the application shall be furnished by the applicant.
G.
Special Permit; Criteria. In lieu of the criteria set forth in § 235-56B, special permits under this Section shall be granted only if the SPGA determines, in conjunction with the Department of Public Works, Water Division, that ground water quality resulting from on-site wastewater disposal and other on-site operations remains within current EPA and DEP standards for drinking water at the downgradient property boundary.
H.
Special Permit; Submittals. In applying for a special permit required
by this section, the applicant shall provide the following information:
(1)
A complete list of all chemicals, pesticides, fuels and other potentially
toxic or hazardous materials to be manufactured, used or stored on
the premises in quantities greater than those associated with normal
household use, accompanied by a description of measures proposed to
protect all storage containers/facilities from vandalism, corrosion
and leakage and to provide for the control of spills.
(2)
A description of potentially toxic or hazardous wastes to be generated,
indicating storage and disposal methods.
(3)
Evidence of approval by the DEP of any industrial waste treatment
or disposal system or any wastewater treatment system with a capacity
of 15,000 gallons per day or more.
(4)
Projections of downgradient concentrations of nitrogen and other
relevant chemicals at property boundaries and other locations deemed
pertinent by the SPGA. Projections shall be based upon appropriate
ground water models and the following information/standards:
(a)
Nitrogen loading calculations.
[1]
Wastewater per person: five lbs. of nitrogen per year
[2]
Persons per dwelling: three
[3]
Lawn fertilizers: two lbs. of nitrogen per 1,000 square feet
of lawn area per year
[4]
Road runoff: 0.19 lbs. of nitrogen per curb mile per day
[5]
Background nitrogen concentration: actual field measurements
(b)
Groundwater flow and impacts to drinking water and supply wells.
[1]
Identify probably impacted water supply well(s) by constructing
flow lines on the Easton Water Table Map (IEP, 1986) downgradient
of the proposed site
[2]
Use 15 inches per year for sand and gravel and seven inches
per year for till for aril recharge rates
[3]
Determine the value for hydraulic conductivity from the closest
downgradient public water supply well in the Easton Aquifer Protection
Plan (IEP, 1986)
[4]
Determine the saturated thickness of the site as shown on the
Saturated Thickness Map (IEP, 1986) supplemented with on-site borings.
(5)
When an application is made for a building permit which involves
the use of land in the APOD, the Building Commissioner shall require
that the applicant for such a permit provide a plan of the lot on
which the proposed development is intended showing two-foot contour
intervals. The datum shall be the National Geodetic Vertical Datum
and the bench marks shall be identified on the plan. The plan shall
be stamped by a Registered Engineer or Registered Land Surveyor. The
Building Commissioner shall transmit one copy of the plan to the following
Town agencies for written comments: Department of Public Works, Water
Division, Board of Health, Planning & Zoning Board and Conservation
Commission.
I.
Design and Operations Guidelines. The following design and operation
guidelines shall be observed within the APODs.
(1)
Safeguards. Provisions shall be made to protect against toxic or
hazardous material discharge or loss resulting from corrosion, accidental
damage, pillage or vandalism through such measures such as:
(a)
Prohibition of underground fuel storage tanks;
(b)
Spill control provisions in the vicinity of chemical or fuel
delivery points;
(c)
Secured storage areas for toxic or hazardous materials;
(d)
Indoor storage provisions for corrodible or dissolvable materials;
(e)
A closed vapor recovery system for each structure which allows
the evaporation of toxic or hazardous materials into its interior
to prevent discharge of contaminated condensate into the ground water.
(2)
Location. Where the premises are partially outside the APOD, potential
pollution sources such as on-site waste disposal systems shall be
located outside the District to the extent feasible.
(3)
Disposal. For any toxic or hazardous wastes 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 MGL c. 21C, as amended.
(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 not feasible and shall be preceded by oil,
grease and sedimentation traps to facilitate removal of contaminants.
J.
Violations. Written notice of any violations of this Section shall
be provided by the Building Commissioner to the owner of the premises
with said notice specifying the nature of the violation(s) and a schedule
of compliance, including cleanup of any spilled materials. This compliance
schedule must be reasonable in relation to the public health hazard
involved and the difficulty of compliance. In no event shall more
than 30 days be allowed for either compliance or finalization of a
plan for longer-term compliance.
[Amended 11-13-2023 STM by Art. 9]
A.
Purpose. The purpose of the Flood Plain Overlay District (FPOD) is
to preserve and protect streams, brooks, ponds, lakes, and other water
courses and their adjoining lands within the Town; to protect the
health and safety of persons and property against the hazards of flooding;
to preserve the natural flood control characteristics, and the flood
storage capacity of the flood plain, and to preserve and maintain
the ground water table and water recharge areas within the flood plain;
to protect the community against the detrimental use and the development
of lands adjoining such water courses and to conserve the watershed
areas of the Town for the health, safety, and welfare of the public.
B.
District Delineation. The Floodplain Overlay District (FPOD) is herein
established as an overlay district. The District includes all special
flood hazard areas designated within Easton's Bristol County
Flood Insurance Rate Map (FIRM), dated July 6, 2021 issued by the
Federal Emergency Management Agency (FEMA) for the administration
of the National Flood Insurance Program. The exact boundaries of the
District shall be defined by the 1%-chance base flood elevations shown
on the FIRM and further defined by the Bristol County Flood Insurance
Study (FIS) report dated July 6, 2021. The FIRM and FIS report are
incorporated herein by reference and are on file with the Planning
Department or Building Official.
C.
Designation of Community Floodplain Administrator. The Town of Easton
hereby designates the position of Environmental Planner (conservation
agent) to be the official floodplain administrator for the Town/City.
D.
Overlay District. The Flood Plain District is established as an overlay district to all other Districts and these overlain districts shall be subject to all requirements of the Flood Plain District. All developments in the FPOD, including structural and non- structural activities, whether permitted by right or by special permit must be in conformance with Chapter 227 Town of Easton By Law, Chapter 131, Section 40 of the Massachusetts General Laws and with the following:
(1)
Section of the Massachusetts State Building Code which addresses
flood plain;
(2)
Wetlands Protection Regulations, Department of Environmental Protection
(DEP) (currently 310 CMR 10.00);
(3)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(4)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,
DEP (currently 310 CMR 15, Title 5);
E.
Permits are required for all proposed development in the Floodplain
Overlay District. The Town of Easton requires a permit for all proposed
construction or other development in the floodplain overlay district,
including new construction or changes to existing buildings, placement
of manufactured homes, placement of agricultural facilities, fences,
sheds, storage facilities or drilling, mining, paving and any other
development that might increase flooding or adversely impact flood
risks to other properties.
F.
Assure that all necessary permits are obtained. Easton's permit
review process includes the use of a checklist of all local, state
and federal permits that will be necessary in order to carry out the
proposed development in the floodplain overlay district. The proponent
must acquire all necessary permits, and must submit the completed
checklist demonstrating that all necessary permits have been acquired.
G.
Subdivision proposals. All subdivision proposals and development
proposals in the floodplain overlay district shall be reviewed to
assure that:
H.
Requirement to submit new technical data. If the Town acquires data
that changes the base flood elevation in the FEMA mapped Special Flood
Hazard Areas, the Town will, within 6 months, notify FEMA of these
changes by submitting the technical or scientific data that supports
the change(s.) Notification shall be submitted to:
|
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor, Boston, MA 02110
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And copy of notification to:
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Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation, 251 Causeway Street,
Boston, MA 02114
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I.
Variances to building code floodplain standards. If the State issues
variances to the flood-resistant standards as found in the state building
code, the community will use this text for local adoption:
The Town will request from the State Building Code Appeals Board
a written and/or audible copy of the portion of the hearing related
to the variance and will maintain this record in the community's
files.
The Town shall also issue a letter to the property owner regarding
potential impacts to the annual premiums for the flood insurance policy
covering that property, in writing over the signature of a community
official that (i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and (ii) such construction below the base flood level increases
risks to life and property.
Such notification shall be maintained with the record of all
variance actions for the referenced development in the floodplain
overlay district.
J.
Permitted Uses. The following uses of low flood damage potential
and causing no obstructions to flood flows are encouraged provided
they are permitted in the underlying district and they do not require
structures, fill, or storage of materials or equipment:
(1)
Agricultural uses such as farming, grazing, truck farming, horticulture,
and the like;
(2)
Forestry and nursery uses;
(3)
Outdoor recreational uses, including fishing, boating, play areas,
and the like;
(4)
Conservation of water, plants, wildlife;
(5)
Wildlife management areas, foot, bicycle, and/or horse paths;
(6)
Temporary nonresidential structures used in connection with fishing,
growing, harvesting, storage, or sale of crops raised on the premises;
(7)
Buildings lawfully existing prior to the adoption of these provisions.
K.
Standards.
(1)
Any variances from the provisions and requirements of the above referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations.
(2)
No encroachment, including fill, new construction, substantial improvements,
and other developments within the regulatory floodway will be allowed
unless it has been demonstrated through hydraulic analyses performed
in accordance with standard engineering practice that the proposed
encroachment would not result in an increase in flood levels within
the community during the occurrence of the base flood discharge, as
per Section 60.3(d)(3) of the National Flood Insurance Program Regulations.
(3)
Within Zone A at any location where the one-hundred-year flood elevation
is not shown on the FIRM, the Planning & Zoning Board, may utilize
any base flood elevation and floodway data available from Federal,
State, or other official sources as criteria for requiring that new
construction, substantial improvements or other development within
Zone A meet 44 CFR 60.
Within Zone A at any location where the one-hundred-year base
flood elevation is not specifically delineated on the FIRM and no
base flood elevations and floodway data is available from Federal,
State, or other official sources, the base flood elevation shall be
developed by a Registered Professional Engineer, assuming seven inches
of rain falling on the watershed area over a twenty-four-hour period.
(4)
Base flood elevation data shall be required for all new subdivisions
and other proposed development (including for manufactured home parks
and subdivisions), as per Section 60.3(b)(3) of the National Flood
Insurance Program regulations. Should all areas of the site be above
the base flood elevations, it should be so noted on the plans.
(5)
In a riverine situation, the Building Commissioner shall notify adjacent communities, the National Flood Insurance Program State Coordinator at the Massachusetts Department of Conservation and Recreation and the National Flood Insurance Program Specialist at the Federal Emergency Management Agency, Region I prior to any alteration or relocation of a watercourse and submit copies of such notifications to the Coordinating Agency Administrator, as per Section 60.3(b)(6) of the National Flood Insurance Program Regulations and Flood Hazard Management Program Model By Laws for Floodplain Districts, Article III Notification of Watercourse Alteration.
(6)
Floodway Data. In Zones A, A1-30, and AE, along with watercourses
that have not had a regulatory floodway designated the best available
Federal, State, local or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(7)
Base Flood Elevation Data. Base flood elevation data is required
for subdivision proposals or other developments greater than 50 lots
or five acres, whichever is the lesser.
(8)
AH zones drainage requirements. Within Zone AH on the FIRM, adequate
drainage paths must be provided around structures on slopes, to guide
floodwaters around and away from proposed structures.
(9)
Recreational vehicles. In A, AH and AE Zones, all recreational vehicles
to be placed on a site must be elevated and anchored in accordance
with the zone's regulations for foundation and elevation requirements
or be on the site for less than 180 consecutive days or be fully licensed
and highway ready.
L.
Exceptions. The following exceptions are specifically exempted from § 235-47:
(1)
All residential, commercial, business, educational and municipal
buildings and those portions only of their lots therefore needed for
such repair, rebuilding, modifications, or enlargement thereof;
(2)
All buildings referred to above may be repaired, rebuilt, modified
or enlarged, including but not limited to, the addition of garages
or living space and construction of appurtenant use of the building
together with such filling, diking, and/or as may be necessary for
the protection of said structures from flooding consistent with all
other laws of the Commonwealth of Massachusetts and this Section.
It should be noted that exceptions to this Section do not constitute
exceptions to appropriate state regulations.
M.
Prohibited Uses. Dumping, filling, excavating or transferring of any material which will reduce the natural storage capacity of the land, interfere with the patterns of any watercourses or degrade the quality of surface or ground water within this District is prohibited, except as provided in Subsection F herein and activities that are incidental to flood or mosquito control work performed by and under the direction of an authorized government agency or activities incidental to the agricultural uses described in § 235-47C.
N.
Abrogation and greater restriction section. The floodplain management
regulations found in this Floodplain Overlay District section shall
take precedence over any less restrictive conflicting local laws,
ordinances or codes.
O.
Disclaimer of liability. The degree of flood protection required
by this bylaw is considered reasonable but does not imply total flood
protection.
P.
Severability section. If any section, provision or portion of this
bylaw is deemed to be unconstitutional or invalid by a court, the
remainder of the ordinance shall be effective.
Q.
DEVELOPMENT
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
Definitions not found in the State Building Code.
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials. [US Code of Federal Regulations,
Title 44, Part 59]
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. [Base Code, Chapter 2, Section 202]
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities. [US Code of Federal Regulations,
Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. [US Code
of Federal Regulations, Title 44, Part 59]
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. [Referenced Standard ASCE 24-14]
A vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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[US Code of Federal Regulations, Title 44, Part 59]
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The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, or AH.
[Base Code, Chapter 2, Section 202]
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns.
Permanent construction does not include land preparation
(such as clearing, excavation, grading or filling), the installation
of streets or walkways, excavation for a basement, footings, piers
or foundations, the erection of temporary forms or the installation
of accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. For a substantial improvement,
the actual "start of construction" means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
[Base Code, Chapter 2, Section 202]
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. [US Code of Federal Regulations,
Title 44, Part 59]
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine
it to be substantial repair of a foundation. Applications determined
by the building official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR. [As amended by MA in 9th Edition
BC]
A grant of relief by a community from the terms of a flood
plain management regulation. [US Code of Federal Regulations, Title
44, Part 59]
The failure of a structure or other development to be fully
compliant with the community's flood plain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation
is provided. [US Code of Federal Regulations, Title 44, Part 59]
A.
Purpose. The Quest Commercial District (QCD) has been established
to promote and regulate development in the emerging commercial corridor
on Washington Street (Route 138) from its intersection with Route
123 on the north (Belmont Street) to Depot Street on the south. The
availability of sewer capacity from the nearby Queset Commons Chapter
40R project is expected to spur interest in and development of this
area. The other purposes of the QCD are to:
(1)
Promote public health, safety, and welfare by encouraging creative
development of commercial properties;
(2)
Preserve community character while enhancing economic opportunity;
(3)
Establish requirements, standards, and guidelines that will ensure
predictable, fair and cost-effective development review and permitting;
and
(4)
Establish development standards to allow context-sensitive design
and creative site planning.
B.
Subdistricts. In order to improve the public realm, create a more
desirable and attractive district, and provide incentives for economic
development or redevelopment, the QCD has been divided into three
subdistricts as shown on the QCD Map dated April 15, 2015:
(1)
Subdistrict A is the most advantageous location to add potential
additional sewer capacity, and has other market draws such as access
to Route 24 and proximity to Stonehill College.
(2)
Subdistrict B is intended to be the connection between Subdistricts
A and C and includes smaller, centrally-located parcels.
(3)
Subdistrict C is intended to have higher densities than Subdistrict
B as it is the other main entrance to the district.
C.
Map. The location and boundaries of the QCD and its subdistricts
are shown on the Map entitled "Queset Commercial District," prepared
by RKG Associates Inc., dated April 15, 2015. The QCD Map is hereby
made a part of the Zoning By-Law. Copies of the QCD Map are available
in the office of the Planning & Zoning Board and the Town Clerk.
D.
Site Plan Approval Required. All new development or redevelopment in the Queset Commercial District shall be subject to site plan approval pursuant to § 235-57, herein. In addition to the Criteria for Evaluation set forth therein, the criteria set forth in Section 7.6 of the "Administrative Rules and Regulations" of the Easton Planning & Zoning Board shall apply.
E.
Design Standards for Commercial Buildings. The Planning & Zoning
Board is hereby authorized to reasonably regulate building design,
including, but not limited to, the following aspects: building facades
and materials; architectural elements; building height and roof lines;
building height transition planes; entrances to the street; use of
glass; relation to pedestrian scale.
F.
Design Standards for Landscaping and Site Development. The Planning
& Zoning Board is hereby authorized to reasonably regulate landscaping
and site development, including, but not limited to, the following
aspects: location of accessory receptacle or structure; composition
of landscaping irrigation; type and number of required plantings;
required open space; sidewalks; crosswalks; street lights and poles.
G.
Design Standards for Lighting and Utilities. The Planning & Zoning
Board is hereby authorized to reasonably regulate lighting and utilities,
including but not limited to, the following aspects: Type, arrangement,
and shielding of lighting; reduction of glare and overspill onto adjacent
properties and into the night sky; underground wiring.
H.
Design Standards for Off-Street Parking and Loading. The Planning
& Zoning Board is hereby authorized to reasonably regulate off-street
parking and loading, including, but not limited to, the following
aspects: number and location of curb cuts and common driveways; location
of parking and loading facilities; design, surface treatment, lighting,
and other requirements; interior landscaping for parking areas; shared
parking; sidewalks and pedestrian paths; car stops; bicycle parking
facilities.
I.
Waiver of Design Standards. The Planning & Zoning Board may waive
any dimensional requirement (except building height) and design standard
set forth in this Section or its "Administrative Rules and Regulations"
of the Easton Planning & Zoning Board upon a determination that
such waiver is in the public interest and not inconsistent with the
intent and purpose of this Section.
A.
Purpose. The purpose of this Section 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. The provisions set forth in this Section shall apply to the construction, operation, repair, and/or removal of Large-Scale Ground-Mounted Solar Photovoltaic Installations greater than 250 kW on at least five acres of land in the SPOD. Any installation qualifying as a Large-Scale Ground-Mounted Solar Photovoltaic Installation shall require Site Plan Review in accordance with § 235-57 of this chapter.
B.
Definitions. See Article XI, "Large-Scale Ground Mounted Solar Photovoltaic Installation Overlay District."
C.
Overlay District. The Large-Scale Ground-Mounted Solar Photovoltaic
Installation Overlay District, hereinafter referred to as the "SPOD",
is an overlay district that is superimposed over the underlying zoning
districts, as shown on the Zoning Map as set forth on the map entitled
"Large-Scale Ground-Mounted Solar Photovoltaic Installation Zoning
Map," dated May 16, 2011, attached hereto as Appendix B. This map
is hereby made a part of the By-Law and is on file in the Office of
the Town Clerk.
D.
Applicability. This Section applies to Large-Scale Ground-Mounted
Solar Photovoltaic Installations greater than 250 kW that occupy no
less than five acres of land proposed to be constructed in the SPOD.
This Section also pertains to physical modifications that materially
alter the type, configuration, or size of these installations or related
equipment. Such facilities shall be located in the SPOD and shall
be subject to Site Plan Review and the Standards and Requirements
contained herein. Site Plan Review shall also be required if there
are any physical modifications that materially alter the type, configuration,
or size of these installations or related equipment.
(1)
Municipal facilities owned, operated by, or developed for and on
behalf of the Town of Easton are allowed as-of-right without Site
Plan Review, but must meet the other requirements of this Section.
(2)
Smaller scale ground- or building-mounted solar electric installations
which are an accessory structure to an existing residential or non-residential
use do not need to comply with this Section, but require a building
permit and must comply with the other provisions of this chapter as
may be applicable.
E.
General Requirements for all Large-Scale Ground-Mounted Solar Photovoltaic
Installations. The following requirements are common to all solar
installations to be sited in the SPOD.
(1)
Compliance with Laws, Ordinances and Regulations. The construction
and operation of all Large-Scale Ground-Mounted Solar Photovoltaic
Installations shall be consistent with all applicable local, state
and federal requirements, including but not limited to all applicable
safety, construction, electrical, and communications requirements.
All buildings and fixtures forming part of a solar installation shall
be constructed in accordance with the State Building Code.
(2)
Building Permit and Building Inspection. No Large-Scale Ground-Mounted
Solar Photovoltaic Installation shall be constructed, installed or
modified as provided in this Section without first obtaining a building
permit.
F.
Site Plan Review. Large-Scale Ground-Mounted Solar Photovoltaic Installations shall undergo Site Plan Review in accordance with § 235-57 of this chapter by the Planning & Zoning Board prior to construction, installation or modification as provided in this Section and shall also meet the requirements of this Section. Municipal facilities are not subject to Site Plan Review, but must meet other requirements of this Section including but not limited to the Design and Performance Standards. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Massachusetts. The project applicant shall provide the following documents in addition to or in coordination with those required for Site Plan Review.
(1)
Site Plan. The Site Plan must include the following:
(a)
Property lines and physical features, including roads and topography,
for the project site;
(b)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, screening vegetation or
structures including their height;
(c)
Locations of wetlands, Priority Habitat Areas defined by the
Natural Heritage & Endangered Species Program (NHESP);
(d)
Locations of Floodplains or inundation areas for moderate or
high hazard dams;
(e)
Locations of Priority Heritage Landscapes and local or National
Historic Districts;
(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;
(g)
Blueprints or drawings of the solar installation signed by a
Professional Engineer licensed to practice in the Commonwealth of
Massachusetts showing the proposed layout of the system and any potential
shading from nearby structures;
(h)
One or three line electrical diagram detailing the solar 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 components, transmission systems, mounting
system, inverter, etc.;
(j)
Name, address, and contact information for proposed system installer;
(k)
Name, address, phone number and signature of the project applicant,
as well as all co-applicants or property owners, if any;
(l)
The name, contact information and signature of any agents representing
the project applicant;
(m)
Fire protection measures;
(n)
Storm drainage, including means of ultimate disposal and calculations;
(o)
Existing trees 10 inches caliper or better and existing tree/shrub
masses; proposed planting, landscaping, and screening. Every abutting
property shall be visually screened from the project through any one
or combination of the following location, distance, plantings, existing
vegetation and fencing. Said screening is not required to exceed six
feet in height and the Applicant shall demonstrate that the proposal
provides visual screening;
(p)
Certified list of abutters.
(2)
Site Control. The project applicant shall submit documentation of
actual or prospective access and control of the project site sufficient
to allow for construction and operation of the proposed solar installation.
(3)
Operation and Maintenance Plan. The project applicant shall submit
a plan for the operation and maintenance of the Large-Scale Ground-Mounted
Solar Photovoltaic Installation, which shall include measures for
maintaining safe access to the installation, stormwater management
(consistent with DEP's Stormwater Regulations and the Town of Easton's
Stormwater Regulations) and vegetation controls, as well as general
procedures for operational maintenance of the installation.
(4)
Zoning. Zoning District designation for the parcel(s) of land comprising
the project site (submission of a copy of a zoning map with the parcel(s)
identified is suitable for this purpose).
(5)
Insurance. The project applicant shall provide proof of liability
insurance.
(6)
Financial Surety. Applicants of Large-Scale Ground-Mounted Solar
Photovoltaic Installation projects shall provide a form of surety,
either through 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 Planning & Zoning Board, 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 applicant
and the Town. Such surety will not be required for municipal facilities.
The project applicant 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
costs due to inflation.
(7)
Utility Notification. No Large-Scale Ground-Mounted Solar Photovoltaic
Installation shall be constructed until evidence has been given to
the Planning & Zoning Board that the utility company that operates
the electrical grid where the installation is to be located has been
informed of the solar installation owner or operator's intent to install
an interconnected customer-owned generator. Off-grid systems shall
be exempt from this requirement.
G.
Dimensional Requirements.
(1)
Setbacks. For Large-Scale Ground-Mounted Solar Photovoltaic Installations,
front, side and rear setbacks shall be as follows.
(a)
Front yard: The front yard depth shall be at least 100 feet.
(b)
Side yard. Each side yard shall have a depth of at least 75
feet; provided, however, that where the lot abuts a Residential district,
the side yard shall not be less than 100 feet.
(c)
Rear yard. The rear yard depth shall not be less than 75 feet;
provided, however, that where the lot abuts a Residential district,
the rear yard shall not be less than 100 feet.
(2)
Appurtenant Structures. All appurtenant structures to Large-Scale
Ground-Mounted Solar Photovoltaic Installations shall be subject to
reasonable regulations adopted by the Planning & Zoning Board
after a public hearing concerning the bulk and height of structures,
lot area, parking and building coverage requirements. All such appurtenant
structures, including but not limited to, equipment shelters, storage
facilities, transformers, and substations, shall be architecturally
compatible with each other. Whenever reasonable, structures should
be screened from view by vegetation and/or joined or clustered to
avoid adverse visual impacts.
H.
Design and Performance Standards.
(1)
Lighting. Lighting of Large-Scale Ground-Mounted Solar Installations
shall be consistent with local, state and federal law. Lighting of
other parts of the installation, such as appurtenant structures, shall
be limited to that required for safety and operational purposes, and
shall be shielded from abutting properties. Lighting of the Large-Scale
Ground-Mounted Solar Photovoltaic Installations shall be directed
downward and shall incorporate full cut-off fixtures to reduce light
pollution.
(2)
Signage. Signs on Large-Scale Ground-Mounted Solar Photovoltaic Installations shall comply with § 235-29. A sign consistent with § 235-29 shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Large-Scale Ground-Mounted Solar Photovoltaic Installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar installation.
(3)
Utility Connections. Electrical transformers or other utility interconnections
shall be constructed as required by the utility provider and may be
above ground only if necessary. Reasonable efforts shall be made to
place all utility connections from the Large-Scale Ground-Mounted
Solar Photovoltaic Installation underground (if feasible), depending
on appropriate soil conditions, shape, and topography of the site
and any requirements of the utility provider.
(4)
Roads. Access roads shall be constructed to minimize grading, removal
of stone walls or street trees and minimize impacts to environmental
or historic resources.
(5)
Control of Vegetation. Herbicides may not be used to control vegetation
at the Large-Scale Ground-Mounted Solar Photovoltaic Installation.
Mowing or the use of pervious pavers or geotextile materials underneath
the solar array is a possible alternative.
(6)
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 DEP pursuant to Mass DEP regulations
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 equipment, then impervious containment areas capable of controlling
any release to the environment and to prevent potential contamination
of groundwater are required.
I.
Safety and Environmental Standards.
(1)
Emergency Services. The Large-Scale Ground-Mounted Solar Photovoltaic
Installation owner or operator shall provide a copy of the project
summary, electrical schematic, and Site Plan to the local Fire Chief,
Highway Superintendent, and Emergency Management Director. Upon request
the owner or operator shall cooperate with local emergency services
in developing an emergency response plan including the training of
any municipal first responders. All means of shutting down the Large-Scale
Ground-Mounted Solar Photovoltaic Installation shall be clearly marked.
The owner or operator shall identify a responsible person for public
inquiries throughout the life of the installation.
(2)
Land Clearing, Soil Erosion and Habitat Impacts. Clearing of natural
vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the Large-Scale Ground-Mounted Solar
Photovoltaic Installation or otherwise prescribed by applicable laws,
regulations, and bylaws.
J.
Monitoring, Maintenance and Reporting.
(1)
Solar Installation Conditions. The Large-Scale Ground-Mounted Solar
Photovoltaic Installation owner or operator shall maintain the facility
in good condition. Maintenance shall include, but not be limited to,
painting, structural repairs, and integrity of security measures.
Site access shall be maintained to a level acceptable to the local
Fire Chief and Emergency Management Director. The owner or operator
shall be responsible for the cost of maintaining the solar installation
and any access road(s).
(2)
Modifications. All material modifications to a Large-Scale Ground-Mounted
Solar Photovoltaic Installation made after issuance of the required
building permit shall require approval by the Planning & Zoning
Board.
(3)
Annual Reporting. The owner or operator of the installation shall
submit an Annual Report demonstrating and certifying compliance with
the Operation and Maintenance Plan required herein and the requirements
of this Section and their approved site plan including control of
vegetation, noise standards, and adequacy of road access. The annual
report shall also provide information on the maintenance completed
during the course of the year and the amount of electricity generated
by the facility. The report shall be submitted to the Select Board,
Planning & Zoning Board, Fire Chief, Emergency Management Director,
Building Commissioner, Board of Health and Conservation Commission
(if Wetlands Permit was issued) no later than 45 days after the end
of the calendar year.
[Amended 11-12-2019 STM by Art. 13]
K.
Abandonment or Decommissioning.
(1)
Removal Requirements. Any Large-Scale Ground-Mounted Solar Photovoltaic Installation which has reached the end of its useful life or has been abandoned (see Subsection K(2), below) shall be removed. The owner or operator shall physically remove the installation no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Planning & Zoning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(a)
Physical removal of all Large-Scale Ground-Mounted Solar Photovoltaic
Installations, structures, equipment, security barriers and transmission
lines from the site;
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations; and
(c)
Stabilization or re-vegetation of the site as necessary to minimize
erosion. The Site Plan Review Authority may allow the owner or operator
to leave landscaping or designated below-grade foundations in order
to minimize erosion and disruption to vegetation.
(2)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the Large-Scale Ground-Mounted
Solar Photovoltaic Installation shall be considered abandoned when
it fails to operate for more than one year without the written consent
of the Planning & Zoning Board. If the owner or operator of the
Large-Scale Ground-Mounted Solar Photovoltaic Installation fails to
remove the installation in accordance with the requirements of this
section within 180 days of abandonment or the proposed date of decommissioning,
the town may enter the property and physically remove the installation
at the owner's expense.
(3)
Financial Surety. Applicants shall submit documentation of financial surety that satisfies § 235-49F(6).
A.
Purpose. The purpose of this Section is provide for the placement of Medical Marijuana Treatment Centers (MMTCs), consistent with the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1, et seq., in locations suitable for lawful medical marijuana facilities; and to mitigate adverse impacts of MMTCs 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 MMTCs.
C.
Overlay District. The Medical Marijuana Dispensary Overlay District,
hereinafter referred to as the "MMOD", is an overlay district that
is superimposed over the underlying zoning districts, as shown on
the Zoning Map and as set forth on the map entitled "Medical Marijuana
Dispensary Overlay District," dated May 27, 2014, attached hereto
as Appendix B. This map is hereby made a part of this chapter and
is on file in the Office of the Town Clerk. The MMOD shall not limit,
preclude or otherwise affect any uses that are permitted in the underlying
zoning district.
D.
General Requirements for all Medical Marijuana Treatment Centers. MMTCs may be permitted in the MMOD only pursuant to a Special Permit. The Planning & Zoning Board shall be the Special Permit Granting Authority (SPGA) for a MMTC special permit. The construction and operation of all Medical Marijuana Treatment Centers shall be consistent with all applicable local, state and federal requirements, including but not limited to the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1, et seq.
E.
Location. MMTCs may not be located within 500 feet of the following.
The distances under this subsection is measured in a straight line
from the nearest point of the property line of the protected uses
hereinto the nearest point of the property line of the proposed MMTC.:
(1)
School, including a public or private elementary, vocational, or
secondary school or a public or private college, junior college, or
university;
(2)
Child Care Facility or Day Care Center;
(3)
Library;
(4)
Playground;
(5)
Public Park;
(6)
Youth and/or recreation center;
(7)
Public swimming pool;
(8)
Similar facility in which minors commonly congregate including but
not limited to a place of worship; dance, arts or martial arts studio;
or tutoring center.
(9)
MMTCs may not be located within 1,000 feet of another MMTC.
(10)
MMTCs may not be located within 200 feet of an existing, legal
residential use. The distance under this subsection is measured in
a straight line from the nearest point of the legal residential building
to the nearest point of the proposed MMTC building.
F.
Site Plan Review. Medical Marijuana Treatment Centers shall undergo Site Plan Review in accordance with § 235-57 by the Planning & Zoning Board prior to construction, installation or modification and shall also meet the requirements of this Section. The Application for Site Plan Review shall be submitted with the Application for Special Permit.
G.
Additional Required Documents. In addition to the materials required under § 235-57, the applicant shall include:
(1)
A copy of its registration as an MMTC from the Massachusetts Department
of Public Health ("DPH");
(2)
A detailed floor plan of the premises of the proposed MMTC that identifies
the square footage available and describes the functional areas of
the MMTC, including areas for any preparation of MIPs;
(3)
Design and appearance of proposed buildings, structures, freestanding
signs, screening and landscaping;
(4)
A description of the security measures, including employee security
policies, approved by DPH for the MMTC;
(5)
A copy of the emergency procedures approved by DPH for the MMTC;
(6)
A copy of the policies and procedures for patient or personal caregiver
home delivery approved by DPH for the RMD;
(7)
A copy of the policies and procedures for the transfer, acquisition,
or sale of marijuana between RMDs approved by DPH;
(8)
A copy of proposed waste disposal procedures; and
(9)
A description of any waivers from DPH regulations issued for the
RMD.
H.
Special Permit Conditions. The Planning & Zoning Board, acting
as the Special Permit Granting Authority (SPGA) shall impose conditions
reasonably appropriate to improve site design, traffic flow, public
safety, protect water quality, air quality, and significant environmental
resources, preserve the character of the surrounding area and otherwise
serve the purpose of this Section. In addition to any other specific
conditions applicable to the applicant's MMTC, the Planning &
Zoning Board may include the following conditions in any special permit
granted hereunder:
(1)
Hours of Operation, including dispatch of home deliveries.
(2)
The permit holder shall file a copy of any Incident Report required
under 105 CMR 725.110(F) with the Zoning Enforcement Officer and the
Planning & Zoning Board within 24 hours of creation.
(3)
The permit holder shall file a copy of any summary cease and desist
order, cease and desist order, quarantine order, summary suspension
order, order limiting sales, notice of a hearing, or final action
issued by DPH or the Division of Administrative Law Appeals, as applicable,
regarding the MMTC with the Zoning Enforcement Officer and Planning
& Zoning Board within 48 hours of its receipt.
(4)
The permit holder shall provide to the Zoning Enforcement Officer
and Chief of the Police Department, the name, telephone number and
electronic mail address of a contact person in the event that such
person needs to be contacted after regular business hours to address
an urgent issue. Such contact information shall be kept updated by
the permit holder.
(5)
The special permit shall be limited to the current applicant and
shall lapse if the permit holder ceases operating the MMTC.
(6)
The special permit shall lapse upon the expiration or termination
of the applicant's registration by DPH.
(7)
The permit holder shall notify the Zoning Enforcement Officer and
Planning & Zoning Board in writing within 48 hours of the cessation
of operation of the RMD or the expiration or termination of the permit
holder's registration with DPH.
Note: The QSGOD was adopted by Town Meeting under MGL c. 40R in 2006. The QSGOD is incorporated by reference as part of this chapter. The text of the QSGOD is included as an attachment to this chapter.
[Added 5-21-2018 ATM
by Art. 33]
A.
General regulations that apply to all Compact Neighborhood Zoning
Overlay Districts.
(1)
Purpose.
(a)
It is the purpose of this Section to establish Compact Neighborhood
Overlay Districts and to encourage development in accordance with
the goals of the Envision Easton Master Plan adopted by the town on
December 8, 2014 by creating diverse housing types that are not readily
available in current housing stock and that meets the needs of residents
seeking smaller homes in a neighborhood setting; and to foster a range
of housing opportunities to be proposed in a distinctive and attractive
site development program that promotes compact design, preservation
of open space, proximity to services and employment opportunities.
Projects proposed hereunder shall apply for a Special Permit consistent
with the following provisions.
(b)
Objectives of this Section are to:
[1]
Provide a mechanism by which residential development
can contribute directly to increasing the supply and diversity of
housing;
[2]
Provide an opportunity for a variety of residential
development and, where appropriate, mixed-use development, including
both new construction and renovation of existing buildings, within
a distinctive, attractive and livable environment;
[3]
Promote continuing development and redevelopment
in Easton that is pedestrian friendly and consistent with Easton's
history and architecture;
[4]
Provide for a diversified housing stock, by means
of smaller lots that minimize the footprint of development and enhance
open space at a variety of costs within walking distance of services;
[5]
Ensure high quality site planning, architecture
and landscape design that enhances the distinct visual character and
identity of Easton and provides an environment with safety, convenience
and amenity;
[6]
Encourage adoption of energy efficient building
practices and sustainable construction methods.
(2)
COMPACT NEIGHBORHOOD OVERLAY DISTRICTS
DEVELOPABLE ACRE
FRONTAGE
HEIGHT
LOT
MASTER PLAN
MIXED USE
PRINCIPAL BUILDING
PRINCIPAL USE
RECREATIONAL USES
SITE PLAN
ZONING BYLAW
Definitions. For purposes of this Section, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under this § 235-51.1A(2). To the extent that there is any conflict between the definitions set forth in this Section and the Zoning Bylaw, the terms of this Section shall govern.
Zoning overlay districts established by this Section and as delineated in Subsection B below, for the purposes of creating diverse housing types meeting the needs of residents seeking smaller homes in a neighborhood setting.
A contiguous acre of land where full development, compliant with the Zoning established in this Chapter 235, is not limited by wetlands or other constraints.
The length of a front lot line adjacent to a street, provided
however that the minimum frontage required by this chapter shall be
satisfied by a continuous, uninterrupted segment of such frontage.
Measured as the vertical distance from the mean grade of
the natural ground contiguous to the building, as such ground existed
prior to construction at the location of existing or proposed exterior
walls ("Grade Plane"), to the mean height of the highest roof surface.
For new subdivisions the Grade Plane shall be calculated based upon
finished grades as shown on site plans approved by the Planning &
Zoning Board. The limitation shall not apply to chimneys, vents, and
other similar features provided such features do not cover more than
15% of the area of the roof of the building or other structure and
in no way are used for human occupancy.
A parcel of land which is or may be occupied by a principal building and its accessory buildings, together with such open yard areas as are required under the provisions of this § 235-51.1. To be used for building purposes, such lot must have frontage on a street as defined in this Section, excepting only a preexisting lot exempted by the provisions of Section 6 of Chapter 40A of the Mass. General Laws. A lot line is a boundary of a lot.
The Envision Easton Master Plan adopted by the Easton Planning
and Zoning Board and Zoning Board, as amended.
Structure in which multifamily use is permitted as of right
or by special permit with allowed commercial uses.
The primary structure located on any Lot, wherein the Principal
Use is conducted.
The primary use to which the premises are devoted, and the
main purpose for which the premises exist.
Active and passive 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.
A plan depicting a proposed Development Project for all or
a portion of the Compact Neighborhood Overlay District and which is
submitted to the Planning and Zoning Board for its review and approval
in accordance with provisions of this chapter.
The Zoning Bylaw of the Town.
(3)
Overlay districts.
(a)
General Establishment - A Compact Neighborhood Overlay Districts (CNOD) is established pursuant to this § 235-51.1, and as delineated in Subsection B hereof, and shall be deemed to overlay the parcels as shown on the Zoning Map of the Town of Easton, as amended. Each district shall consist of greater than three contiguous acres of developable land.
(b)
Underlying Zoning - The CNOD is an overlay district superimposed on all underlying zoning districts. Except as limited herein, the underlying zoning shall remain in full force and effect, and the Applicant shall have the option of applying for a Special Permit pursuant to the zoning controls set forth in this § 235-51.1 or complying with all applicable zoning controls set forth in the Zoning Bylaw of the Town of Easton for the underlying district(s) or for other overlay zoning that may be therein defined.
(c)
Applicability of CNOD - In accordance with the provisions provided herein, an Applicant for a Project located within the CNOD may seek a Special Permit in accordance with the requirements of this § 235-51.1. Projects proposed hereunder shall not be subject to any 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, including but not limited to any rate of development limitations provided in the Zoning By-law. When a building permit is issued for any Project approved in accordance with this § 235-51.1, the dimensional and use provisions of the underlying district(s) shall no longer be applicable to the land shown on the plan which was submitted pursuant to § 235-51.1 for such Project.
(4)
Performance standards. All permitted uses must comply with the Performance Standards set forth in § 235-30.
(5)
Procedures.
(a)
Development under this § 235-51.1 may be authorized upon the issuance of a Special Permit by the Planning & Zoning Board. See the Planning & Zoning Board's Rules and Regulations for specific application and procedural requirements.
(b)
Prior to submitting an application for Special Permit the applicant
shall schedule a pre-application meeting through the Planning &
Economic Development Office to discuss the proposed project.
(6)
Decision. The Planning & Zoning Board may approve, approve
with conditions, or deny an application for development under the
CNOD after determining the development promotes the purposes of this
section.
B.
Establishment and delineation of Compact Neighborhood Overlay Districts.
(1)
Foundry Compact Neighborhood Zoning Overlay. Establishment and
Delineation of the Foundry CNOD - The Foundry CNOD is an overlay district
that is superimposed over the Underlying District. The boundaries
are delineated as the "Foundry Compact Neighborhood Overlay District"
on the Official Zoning Map of the Town of Easton on file in the office
of the Town Clerk, said map hereby made a part of the Easton Zoning
Bylaw.
(b)
Density, Dimensional and Other Requirements - Applications for
a Special Permit shall be governed by this Section and the Design
Standards for the Foundry CNOD.
[1]
Dwelling units are to be detached single family
dwellings, duplexes or triplexes. Each dwelling unit shall not exceed
a maximum of 1,800 s.f. gross floor space.
[2]
A maximum of four dwelling units per Developable
Acre shall be allowed.
[a]
The maximum number of bedrooms per dwelling unit shall be two.
[Added 5-20-2019 ATM by Art. 31]
[3]
To encourage sensitive siting of buildings and
better overall site design applicants are encouraged to modify lot
size, shape, and other dimensional requirements for lots within the
Foundry CNOD, subject to the following limitations:
[a]
Lots having reduced area or frontage shall not
have frontage on a street other than a street created pursuant to
a Special Permit under this Section; provided, however, that the Planning
& Zoning Board may waive this requirement where it is determined
that such reduced lot(s) are consistent with existing development
patterns in the neighborhood.
[b]
Side and rear yards shall be at least 10 feet,
except as otherwise provided in this Section.
(c)
Architectural Design Standards. Detailed plans prepared by a
registered architect or other qualified residential designer depicting
elevations of the proposed dwelling units shall be submitted to the
Planning and Zoning Board with the Application for Plan Approval.
(d)
Streets and Utilities.
[1]
Road layouts should be designed to provide visual
interest, promote walkability and contributed to a sense of neighborhood
and place.
[2]
All streets, along with all sewage, drainage facilities
and utilities, shall be designed and constructed in compliance with
the Town of Easton Subdivision Rules and Regulations, except as specifically
modified by the Planning & Zoning Board.
[3]
Roads shall include sidewalks providing access
both within the residential development and to the adjoining public
way.
(e)
Landscape Design Standards.
[1]
Detailed Plans prepared by a registered landscape
architect depicting proposed landscaping shall be submitted to the
Planning and Zoning Board with the Application for Plan Approval.
[2]
Landscaping should be designed to provide shade,
buffer and visual appeal appropriate to the development and surrounding
environment.
[Added 11-30-2020 STM
by Art. 17]
A.
Purposes. The purposes of the Furnace Village District are to:
(1)
Facilitate development of commercial and mixed uses in an activity
center designated by the Town for economic growth;
(2)
Align the Town's zoning with planned infrastructure and wastewater
improvements;
(3)
Promote live/work environment that is less automobile dependent
and more pedestrian-oriented;
(4)
Encourage sustainability and walkable design in commercial and
mixed-use developments;
(5)
Implement the goals and policies of the Easton Master Plan;
and
(6)
Strengthen the Town's tax base.
(7)
Facilitate the preservation and productive use of historic resources
located within the Furnace Village National Register Historic District;
B.
Subdistricts. The Furnace Village District shall have the following
subdistricts as shown on the Zoning Map:
(1)
Depot Street Subdistrict, the subdistrict designated for moderately
intensive commercial and mixed-use development in the district;
(2)
Residential Transition Subdistrict, the subdistrict designated
for less intensive, predominantly residential uses; and
(3)
Eastman Street Subdistrict, a commercial and mixed-use activity
center designated for intensive commercial and mixed-use development.
(4)
Furnace Village Business District, a commercial and mixed-use
activity center to maintain existing business uses and allow for multi-family
and mixed use.
C.
Site Plan Approval.
(1)
All development in the Furnace Village District shall be subject to site plan approval under § 235-57 of this Bylaw. In addition to the Criteria for Evaluation set forth in § 235-57, the criteria in Section 7.4 and other sections of the "Administrative Rules and Regulations" of the Easton Planning and Zoning Board shall apply.
(2)
The Planning and Zoning Board may prepare and adopt a Furnace Village District Guidance Document to provide clarifying interpretation and explanation of the Design Standards for Commercial and Mixed-Use Development in § 235-51.2 below. The Guidance Document shall be on file with the Department of Planning and Community Development.
D.
Density and Dimensional Regulations. Development in the Furnace Village
District shall comply with the requirements in Appendix B of this
Zoning Bylaw including Special Dimensional Regulations.
E.
Use Regulations. Uses shall be in accordance with Attachment 1 and Appendix A2 of this Zoning Bylaw except as provided below. Where any conflict exists between Appendix B and this § 235-51.2, this Section shall control.
[Amended 5-20-2024 ATM by Art. 17]
F.
G.
Affordable Housing. In the Eastman, Depot or Business Subdistrict, any development with 10 or more residential units shall include affordable units as defined in § 235-60 in the amount of a minimum of 10% of the total residential units. Affordable units shall not count toward the maximum number of residential units allowed. Affordable units shall be restricted in perpetuity or for the longest period allowed by law. Any calculation resulting in a fractional unit of more than 0.4, shall be rounded up.
