[Amended 5-4-1998
ATM by Art. 21; 5-5-2003 ATM by Art.
13]
Overview: In residential districts, single and shared driveways
(driveways serving two lots) shall be created by permit issued jointly
by the Planning Board and the Building Inspector. Upon review of the
completed application for driveway permit, the Planning Board shall
make a determination if a public meeting is required between the applicant
and the Planning Board/Building Inspector to review the submitted
driveway plan. Common driveways (serving three to five lots) shall
continue to be administered by the Planning Board per Subsection B
of this section.
A. Driveways.
[Amended 5-3-1999
STM by Art. 13]
(1) Entrances and/or driveways to a given tract of land must be made
from an accepted or an approved right-of-way within the extremities
of the frontage required, except that not more than two single-family
dwellings or lots in the Residential Zoning District may maintain
one shared driveway, provided that the driveway falls within the frontage
of one or both of the lots, and all other provisions of this bylaw
are met.
(2) The slope of the driveway shall not be greater than 10% within 20
feet of the edge of the street pavement. There shall be no hazardous
or blind driveways.
(3) No person shall construct or maintain any driveway, conduit, or drain
so as to discharge water or filth upon the street pavement or into
open waterways or ponds.
(4) No driveway shall be constructed which ties directly onto an accepted
Town way which in any manner inhibits the existing drainage system
of the Town way.
(5) No single dwelling driveway or shared driveway center line will be
located within 35 feet of the center line of any approved or constructed
common driveway.
(6) The applicant will be required to complete a Town of Bolton application
for driveway permit.
(7) The Planning Board shall issue regulations to go with this bylaw,
including charging a filing fee adequate to cover legal review and
construction inspection.
(8) Existing driveways shall be required to meet the provisions of this
bylaw where existing dwellings are razed and new dwellings are constructed
with the exception of dwellings affected by natural disasters including
fire. A waiver may be granted at the discretion of the Planning Board
if the applicant can demonstrate it is impractical or impossible to
meet this requirement.
[Added 5-1-2017 ATM by
Art. 16]
B. Common driveways serving three lots to five lots. In residential
districts, common driveways to serve three lots, four lots or five
lots may be created by special permit issued by the Planning Board.
Each such common driveway must meet the following criteria:
[Amended 5-4-1987
ATM by Arts. 6 and 8; 5-3-1993 ATM by Art. 11; 5-3-1999 ATM by Art. 14]
(1) Lots served.
(a)
A common driveway, approved under this Subsection
B may serve:
[1]
Three lots or four lots if at least one is a backland lot.
[2]
Three lots, four lots or five lots if two or more are backland
lots.
(b)
"Backland lots" are as defined in and permitted by special permit issued under §
250-13E, Backland zoning.
(c)
A lot served is any lot crossed by, whether or not any building
or any dwelling on the lot is actually accessed and/or served by this
common driveway, or lot on which any building or any dwelling is accessed
and/or served by this common driveway. All such lots must be included
in the list and number of lots served.
(2) Each lot served by the common driveway must have permanent access
to the common driveway pursuant to an easement agreement acceptable
to the Planning Board, and the deed to each lot served on a common
driveway must reference this easement agreement. The easement agreement
shall be recorded along with the special permit with the Worcester
Registry of Deeds or with the Worcester County Land Court.
(3) Any deeds of ownership of lots served by a common driveway shall
require that the owners of said lots must be members of a maintenance
association, the purpose of which is to provide for maintenance of
the common driveway, which shall include, but not be limited to, snow
plowing and maintaining design specifications. This maintenance association
must be created by a maintenance association agreement acceptable
to the Planning Board, and the deed to each lot served on a common
driveway must reference this maintenance association agreement. This
maintenance association agreement shall be recorded along with the
special permit with the Worcester Registry of Deeds or with the Worcester
County Land Court.
(4) The common driveway is defined as extending from the approved or
accepted right-of-way to which it is attached to the point it serves
only one lot, the so-called "terminus." A common driveway may have
more than one terminus. The common driveway shall be connected to
an approved or accepted right-of-way at one, and only one, point.
The entire common driveway must lie within the lots served, and in
the Town of Bolton.
(5) The common driveway must meet the design criteria of this bylaw,
and any additional design criteria established by the Planning Board
in regulations duly voted by said Board according to law.
(a)
The design criteria of this bylaw are:
[1]
Twelve feet minimum width of wear surface.
[2]
A minimum of eight inches of gravel wear surface.
[3]
The first 40 feet of the common driveway from an approved or
accepted right-of-way must have a slope of 4% or less.
[4]
Suitable drainage appurtenances to prevent excessive erosion.
These drainage appurtenances must further ensure to the satisfaction
of the Planning Board that all proposed activity and all development,
including the construction of dwellings, lawns and other impervious
areas for all lots to be served by this common driveway, in no manner
contribute to additional drainage onto any abutting property or onto
any accepted or approved right-of-way.
[6]
The center-line intersection with an approved or accepted right-of-way
must be 60° or more.
[7]
A turnaround located near each terminus, which location must
be acceptable to the Planning Board, of at least 40 feet width and
30 feet depth.
[8]
An intercept width with the approved or accepted right-of-way
of at least 50 feet.
[9]
A staging area of at least 40 feet in length and a minimum of
20 feet in width at the street line, tapering to a minimum of 12 feet
in width at 40 feet from the street line.
[10] Passing turnouts must be constructed which provide
a total width of at least 18 feet along a distance of at least 25
feet, spaced no more than 300 feet between turnouts or at a lesser
interval where in the Planning Board's opinion a lesser distance is
warranted for safety considerations.
[11] The length must be such that the distance along
the common driveway center line to each building or dwelling served
by the common driveway will not exceed 1,800 feet from the street
side line, and that the length along any of its individual driveways
measured from the center line of the common driveway to any building
or dwelling served by the common driveway shall not exceed 800 feet.
[12] Signs to direct emergency access must be installed
at the street line and at each driveway intersection with the common
driveway.
[13] The center line of the common driveway cannot
be located closer than 35 feet to the center line of any approved
or constructed single-dwelling driveway or shared driveway.
(b)
When deciding whether or not to grant a special permit to create
a common driveway, the Planning Board should consider:
[1]
The safety of the common driveway, as designed, for normal use.
[2]
The safety of the intersection with the Town way.
[3]
The adequacy of the legal agreements for maintenance and access.
[4]
The adequacy of the common driveway to provide access to vehicles
carrying materials which are potentially hazardous if spilled, such
as home heating oil.
[5]
The environmental impact on wetlands and water resource areas as defined in the Wetlands Protection Act (M.G.L., c. 131, § 40) and Bolton’s Wetlands Bylaw, Chapter
233, from the overall project development within the limit of work area.
[Amended 5-6-2019 ATM
by Art. 8]
(6) Granting of a special permit under this bylaw does not constitute
a waiver of any other applicable bylaw or statute.
(a)
The Planning Board shall issue regulations to go with this bylaw,
including charging a filing fee adequate to cover both legal review
and construction inspection.
(b)
The driveway shall be sufficiently constructed for access before
issuance of any building permit.
C. Parking.
[Amended 5-4-1987
ATM by Art. 7; 5-7-2018 ATM by Art. 12]
(1) Purpose. The purpose of this section is to ensure that all uses be
provided with sufficient off-street parking and loading facilities
to meet the needs of the proposed and actual uses; to ensure that
off-street parking and loading facilities are designed so as to reduce
hazards to pedestrians and drivers; to reduce congestion in the streets;
to reduce nuisance to abutters from noise, fumes and headlight glare
ordinarily associated with parking and loading areas; to reduce the
environmental deterioration to surrounding neighborhoods resulting
from glare, stormwater runoff, heat, dust and unattractive views associated
with large expanses of pavement and vehicles.
(2) General. Any use of a building, structure or land hereafter constructed,
erected or altered in kind or extent shall provide and maintain sufficient
off-street parking and loading facilities to accommodate all vehicles
using the premises.
(3) The special permit granting authority (if special permit or site plan approval is required) may request the assistance of the Design Review Board to review off-street parking and loading areas in accordance with §
250-23G(15)(b).
(4) Changes. Any change to a building, structure or use, or a change
from one permitted use to another permitted use shall comply with
the requirements of the Schedule of Minimum Parking for the entire
building, structure or use as changed.
(5) Relief from parking regulations. Relief from the parking regulations
as otherwise required in the bylaw may be obtained as follows:
(a)
Special permit from the Board of Appeals. Relief from the parking
regulations may be granted by special permit from the Board of Appeals,
where the Board finds that it is not practicable to provide the number
of parking spaces required, if either 1) in the case of a change from
a nonconforming use to a conforming use, that the benefits of a change
to a conforming use outweigh the lack of parking spaces, or 2) in
the case of a change from one conforming use to another conforming
use, that the lack of parking spaces will not create undue congestion
or traffic hazards on or off the site.
(6) Use of required parking as commercial or public lot. No parking area
designated as required parking in connection with a building, structure
or use shall be operated as a commercial or public parking lot to
provide spaces for the general public (excluding customers, clients,
patients, guests or business invitees of the owner or tenant of each
building or structure) for a fee or other compensation.
(7) Schedule of minimum parking; general requirements.
(a)
Comparable use requirement. Where a use is not specifically
included in the Schedule of Minimum Parking, it is intended that the
regulations for the most nearly comparable use specified shall apply.
Alternative off-street parking standards to those shown below may
be accepted if the applicant demonstrates to the satisfaction of the
special permit granting authority (or Building Inspector if no special
permit or site plan approval is required), or their designee, that
such standards are adequate for the intended use.
(b)
Shared parking for mixed use. Buildings or lots which contain
more than one use are considered mixed use. In the case of mixed uses,
the requirements shall be the sum of the requirement calculated separately
for each use, so that adequate space shall be provided to accommodate
all vehicles anticipated on the premises at any one time. Parking
spaces for one use shall not be considered as providing the required
spaces for any other use, except when it can be clearly demonstrated
that the peak demands for two uses do not overlap. The applicant may
use the latest peak demand analyses published by the Institute of
Traffic Engineers (ITE) or other source acceptable to the special
permit granting authority need for parking occurs at different times.
(c)
Schedule of Minimum Parking.
[Amended 6-22-2020 ATM by Art. 10]
Use
|
Minimum Parking Requirement
|
---|
Assisted living housing, nursing care facilities
|
1 space for each 2 beds plus 1 space for each employee on largest
shift and space for delivery vehicles
|
Restaurant (no drive-through service)
|
1 space per 100 square feet of gross floor area
|
Motel, hotel
|
1 space per room, plus 1 space per employee
|
Office building
|
1 space per 250 square feet of gross floor area
|
Medical and dental offices and clinics
|
4 spaces per doctor, dentist and allied professional person
|
Other retail, personal service
|
1 space per 250 square feet of gross floor area
|
Repair shop, building trade shop
|
1 space per 800 square feet of gross floor area
|
Banks
|
1 space per 300 square feet of gross floor area
|
Funeral homes
|
1 space per 4 seats
|
Used car sales
|
1 space per 1,500 square feet of gross floor area of indoor/outdoor
display area
|
Light manufacturing, R and D laboratories
|
1 space per each 800 square feet of gross floor area
|
Schools, elementary and middle
|
2 spaces for each classroom, but not less than 1 space per teacher
and staff position plus 1 space for each 5 seats of rated capacity
of the largest auditorium or gymnasium
|
High schools
|
1 space per teacher and staff position plus 1 space per 5 students
|
Educational uses (exempt)
|
To be determined by special permit granting authority or Building
Inspector based upon the most comparable other use in the table
|
Religious uses
|
1 space per 4 seats
|
Day-care center
|
1 space per 10 kids of rated capacity of facility plus 1 space
for each employee on largest shift
|
Library, museums, community centers
|
1 space per 300 square feet of gross floor area
|
Hospitals
|
1 space per 250 square feet of gross floor area
|
Handball, racquetball, tennis courts
|
3 spaces per court plus 1 space per employee on the largest
shift
|
Swimming pool
|
1 space per 75 square feet of gross floor area
|
Bowling alley
|
4 spaces per alley
|
Golf course
|
5 spaces per hole plus 1 space per employee on the largest shift
plus 50% of the spaces otherwise required for accessory uses (restaurant,
bar, etc.)
|
Trail recreation
|
1 space per 4 persons generally expected on the premises at
any one time
|
Kennel
|
2 spaces plus 1 space per employee
|
Veterinary
|
2 spaces per exam room plus 1 space for each employee on largest
shift
|
Landscaping services, landscaping contractor
|
1 space per each vehicle or trailer used in operation and 1
space per 3 employees
|
Bed-and-breakfast establishment or home
|
Off-street, on premises, with 1 space per room rented and 1
space per owner
|
(8) Off-site parking. An applicant may use off-site parking to satisfy
their parking requirements. As part of special permit and site plan
approval, the applicant shall provide the necessary information to
comply with the following standards:
(a)
Off-site parking shall be within 500 feet of the property line
for which it is being requested or as determined by the special permit
granting authority.
(b)
Off-site parking may only be provided if the off-site lot has
an excess number of spaces or if the applicant can demonstrate that
the on-site and off-site uses have noncompeting peak demands.
(c)
The amount of required parking spaces being reduced on-site
shall be equal to the amount being provided off-site and can account
for up to 50% of the minimum required on-site parking.
(d)
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 special permit granting authority or as a condition of approval. If the conditions for shared parking become null and void and the shared parking arrangement is discontinued, this will constitute a zoning violation for any use approved expressly with shared parking. The applicant or property owner must then provide written notification of the change to the Zoning Enforcement Official and, within 60 days of that notice, provide a remedy satisfactory to the Commission to provide adequate parking. Shared parking for mixed use under Subsection
C(7)(b) shall apply for off-site parking spaces provided by a separate private property.
(e)
Off-site parking provided by means of a public parking facility
shall be limited to 20% of the overall parking requirement for daytime
peak uses.
(f)
On-street parking spaces that intersect or are completely contained
within the frontage of the property may be counted toward the minimum
parking requirements.
(g)
Uses sharing a parking facility shall provide for safe, convenient
walking between uses and parking, including safe, well-marked pedestrian
crossings, signage, and adequate lighting.
(9) Off-street loading areas. One or more off-street loading areas shall
be provided for any business that may be regularly serviced by tractor-trailer
trucks, SU-30 design vehicles or other similar delivery vehicles.
Adequate areas shall be provided to accommodate all delivery vehicles
expected at the premises at any one time. Loading areas shall be located
at either the side or rear of each building and shall be designed
to avoid traffic conflicts with vehicles using the site or vehicles
using adjacent sites.
(10)
Compact cars. In parking areas containing more than 40 parking
stalls, 30% of such parking stalls may be for compact car use. Such
compact car stalls shall be grouped in one or more contiguous areas
and shall be identified by a sign(s).
(11)
Standard parking dimensional regulations.
(a)
Access to parking and loading areas shall be designed so as
not to obstruct free flow of traffic. There shall be adequate provision
for ingress and egress from all parking spaces and loading areas to
ensure ease of mobility, ample clearance, and safety of vehicles and
pedestrians.
(b)
Where sidewalks occur in parking areas, parked vehicles shall
not overhang the sidewalk unless an additional two-foot sidewalk width
is provided in order to accommodate such overhang.
(c)
Paved off-street parking areas shall be laid out and striped
in compliance with the following minimum provisions:
Parking Angle
|
Parking Stall Width
|
Parking Stall Length of Line
|
Travel Lane Width
|
---|
|
Standard Space
(feet)
|
Compact Car
(feet)
|
Standard Space
(feet)
|
Compact Car
(feet)
|
Standard Space
(feet)
|
Compact car
(feet)
|
---|
90° (two-way)
|
9
|
8
|
18
|
16
|
24
|
24
|
75° (one-way)
|
9.3
|
8.5
|
19
|
17
|
22
|
22
|
60° (one-way)
|
10.4
|
9.8
|
22
|
18.5
|
18
|
18
|
45° (one-way)
|
12.7
|
12
|
25
|
21.5
|
14
|
14
|
Parallel (one-way)
|
8
|
8
|
22
|
20
|
12
|
12
|
Parallel (two-way)
|
8
|
8
|
22
|
20
|
24
|
24
|
(12)
Off-street parking and loading area design requirements.
(a)
Off-street parking and loading areas shall be designed in accordance with the design review criteria outlined in §
250-23G.
(b)
Setbacks. Except where greater setbacks may be required elsewhere
in this bylaw, no parking space or other paved surface, other than
access driveways, common driveways or walkways, shall be located within
30 feet of the front lot line and within 10 feet of the side and rear
lot lines.
(c)
Handicapped parking. Parking areas shall provide specially designated
parking spaces for the physically handicapped in accordance with the
Americans with Disabilities Act and/or the rules and regulations of
the Architectural Barriers Board of the Commonwealth of Massachusetts
Department of Public Safety. Signs for the handicapped parking shall
be clearly identified indicating that the spaces are reserved for
physically handicapped persons. Such spaces shall be located nearest
to the entrance to the use or building served.
(d)
Perimeter landscaping requirements. All parking areas with more
than five spaces and all loading areas shall be bordered on all sides
with a minimum of a ten-foot wide buffer strip on which shall be located
and maintained appropriate landscaping of suitable type, density and
height to effectively screen the parking area.
[1]
Off-street parking and loading areas which are located within or adjacent to a Residential District shall provide buffer in accordance with §
250-23C and §
250-23G(7). These requirements shall not apply to nonresidential or mixed use development that is designed to integrate existing or future neighboring residences into the site through the use of walkways, bicycle paths, or other pedestrian amenities.
(e)
Interior area landscaping requirements. A minimum of 10% of
the interior area, exclusive of perimeter landscaping, must be planted
as landscaped island areas. Planting required within the parking area
is exclusive of other planting requirements, such as for shade trees
planted along the street.
[1]
Parking aisles. The ends of parking aisles that are 10 spaces or more in length shall incorporate landscape islands at either end of the row. Where the length of parking aisles is 20 spaces or more, an intermediary landscaped island shall be installed at regular intervals. Landscape islands used at the end of parking aisles shall enclose. Refer to §
250-23G(13)(c).
(f)
Plantings for perimeter and interior area landscaping:
[1]
Landscaping shall be provided in accordance with §
250-23G(8).
[2]
Shade trees shall be of a species tolerant to the climatic conditions
of Bolton and/or parking area conditions and be of at least three-inch
caliper.
[3]
Shrubs shall be a mix of deciduous and evergreen varieties,
tolerant to the climatic conditions of Bolton, and be at least 18
inches in height at time of planting. Snow storage areas shall be
planted with shrubs that are tolerant to weight and extended duration
of snow cover.
[4]
Planting shall be done in accordance with proper landscaping
practices.
[5]
Trees, shrubs, grass and ground cover which die or become diseased
shall be replaced.
[6]
All landscaping in parking areas shall be placed so that it
will not obstruct sight distance.
(h)
Maintenance. Parking and loading facilities and landscaping
shall be continuously maintained in good condition and appearance.
Whenever necessary, surfacing, lighting, curbing, markings and plantings
shall be repaired or replaced with new materials, and drainage structures
shall be cleaned or replaced in order to insure continued compliance
with the provisions of this bylaw. Failure to maintain parking facilities
properly shall be considered a violation of the Zoning Bylaw.
[Amended 5-3-1982
ATM by Art. 16; 11-15-1982 STM by Art.
1; 5-2-2011 ATM by Art. 20; 5-3-2021
ATM by Art. 10; 5-3-2021 ATM by Art. 12]
After January 25, 1971, no person shall place or cause to be
placed posters, handbills, placards, advertising matter or signs advertising
or indicating the location of a personal, industrial or commercial
enterprise or products anywhere in the Town except by written permission
of the Select Board; and:
A. No sign shall exceed 36 square feet.
B. No sign shall be oscillating, flashing, operated with moving parts
or display the illusion of motion. No sign shall be internally lit.
C. No sign shall be closer than 20 feet to the road pavement.
D. No sign including standards shall be more than eight feet in height.
E. Signs in residential zones.
(1) Residences may have, by permit, one sign, nonilluminated and of area
not greater than two square feet for the purpose of announcement of
professional or home occupation or for the announcement of the occupants
of the dwelling. The sign shall be limited to one background color,
which shall be white, natural wood or the color of the principal structure
or its trim and any color for all lettering and other designs. The
lettering on the sign shall not exceed three inches in height. The
sign must not be closer than 20 feet to the side lot line. The sign
must not be closer than 10 feet to the road pavement.
(2) Preexisting nonconforming uses in residential zones desiring a new sign not conforming under Subsection
E(1) may apply under the general bylaw.
F. Temporary signs.
(1) Temporary signs, pertaining only to the lease or sale of land or
building on which the sign is located, will be allowed in all zones
subject to the following restrictions:
(a)
The sign shall not exceed six square feet in area.
(b)
The sign shall not be illuminated.
(c)
The sign shall be removed within 14 days after closing date
of sale.
(2) Signs which do not conform to this section must apply under the general sign bylaws (§
250-18).
G. If literal enforcement results in substantial hardship and if no
harm to the public good is evident, waivers may be granted by the
Select Board.
[Added 5-7-2012
ATM by Art. 12]
The purpose of this bylaw is to provide a mechanism by which
obstacles that threaten the public safety of the Town roads can be
prevented. This bylaw is aimed at keeping safe sight lines open at
intersections and other locations in which obstacles impede the line
of sight.
A. Definitions.
As used in this section, the following terms shall have the meanings
indicated:
COMMERCIAL DRIVEWAY
Shall include any public entrance into or out of a place
of business, including nonresidential uses in a residential district.
RESTRICTED AREA or SIGHT TRIANGLE
The intersection of any street or where a commercial driveway
intersects with a street and is within the triangular area formed
by the street property lines and a line connecting them at points
25 feet from the intersection of the street lines, or in the case
of a rounded property corner from the intersection of the property
lines extended.
STREET
Shall include all Town roads both adopted and not yet adopted
and roads serving private multidwelling developments. It shall not
include private shared and private common driveways.
B. In the
case where property lines are not related to the travelled way, a
distance of 10 feet from the edge of the pavement or other distance
defining the Town right-of-way on record at the DPW shall be used
to define the restricted area.
C. Any dimensional
requirements herein will be subject to the consideration of the impact
on safety of intersecting road topology, curvature and gradient of
roads and proximity of other intersections.
D. If the
topology of an intersection or high traffic volume warrants special
consideration, sight triangles can alternatively be defined using
the methods described in Chapter 9 of the Policy on Geometric Design
of Highways and Streets (2004) published by the American Association
of State Highway and Transport Officials (AASHTO).
E. Exemptions.
(1) Existing
buildings, existing stone walls, historic and other existing structures
are exempt from these requirements.
(2) Existing
fences, walls and signs are exempt from these requirements.
(3) Trees
are exempt from these requirements.
F. Restrictions.
No new fence, wall, sign or structure, hedges, brush and other vegetation
which impedes sight lines at elevations between three feet and eight
feet above the roadways shall be installed or permitted to remain
in the restricted area.
G. Permit.
Any new fence, wall, sign or other structure installed in the restricted
area will be subject to the issuance of a permit by the Building Inspector.
H. Remedies.
[Amended 5-3-2021 ATM by Art. 10]
(1) If
any fence, wall or sign, hedges, brush and other vegetation is determined
to prevent or impede a safe view of the intersection or oncoming vehicles
or pedestrians approaching the intersection, the Select Board may
request that the property owner bring the fence, wall, sign, hedges,
brush and other vegetation into compliance within a period determined
by the Select Board.
(2) If the situation is not brought into compliance within such period, the Select Board may enforce the provisions of this bylaw by noncriminal disposition in accordance with §
250-2D of the General Zoning Bylaws, or by any other means authorized by law.
[Added 5-1-2017 ATM by
Art. 14]
A. The requirements of this section shall apply whenever an applicant
constructs three or more residential buildings on a single lot or
contiguous lots or one industrial or commercial building(s), in any
event located more than 1,000 feet beyond a reliable source of water
for fire suppression as defined by the Fire Department. Determination
of the one-thousand-foot distance shall be the distance from the source
of water to the farthest point of the farthest building on the subject
property, along a route that fire apparatus would be expected to travel
as the same is determined by the Fire Department.
B. The design and capacity of any new firefighting water supply shall
be subject to the approval of the Planning Board with consultation
from the Fire Department.
C. The Planning Board may adopt rules and regulations relating to firefighting
water supply and shall be informed by then-current requirements set
forth by the National Fire Protection Association.