[Added 4-18-2007 by Ord. No. 2007-10]
The purposes of the article are:
A. 
To protect scenic and rural areas of the Town of Palmer;
B. 
To protect property values and provide a fair economic return to property owners;
C. 
To foster compact development in areas served by public services and infrastructure;
D. 
To promote compact development, both residential and commercial, in areas that have been identified as potential suitable sites for both future development and infrastructure improvements;
E. 
To promote the creation of traditional neighborhood developments with compact, pedestrian-friendly, predominantly residential areas on gridded streets;
F. 
To preserve the rural, historic, and agricultural character of the community by directing compact new development, both residential and commercial, to appropriate locations adjacent to existing urbanized centers;
G. 
To preserve the rural, historic, and agricultural character of the community by directing compact new commercial development to appropriate locations adjacent to major transit routes.
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURAL PRESERVATION RESTRICTION
A voluntary agreement between an agricultural landowner and a municipality, the Commonwealth of Massachusetts or a not-for-profit entity to maintain land in agriculture. Landowners receive a payment for the difference between the agricultural value of their land and the full-market value, in exchange for which the land remains in agriculture in perpetuity.
CONSERVATION RESTRICTION
A voluntary agreement between a private landowner and a municipal agency or qualified not-for-profit corporation to restrict development. A restriction is deeded to a qualified third party, which permanently limits certain activities on real property, in order to protect conservation values such as biodiversity, water quality, wildlife habitat or carbon sequestration. The restriction stays with the property through all successive owners.
DEVELOPMENT RIGHT
The legal ability to develop a parcel of land; a legal right that is distinguishable from the other rights of property ownership.
RECEIVING DISTRICT
A section of Palmer in which a purchased development right can be transferred, allowing for a greater density than what would normally be allowed through the underlying zoning.
SENDING DISTRICT
The section of Palmer in which willing sellers will be able to sell the development rights to their land, while retaining all other rights, for a fair-market value.
Transfer of development rights provides for increased density of residential and commercial development in the designated receiving area, when suitable open space land in the sending area is permanently preserved from development. The transfer of development rights is accomplished by the execution of a permanent conservation restriction/agricultural preservation restriction, and the increased density is permitted by the issuance of a special permit, both as hereinafter provided.
All lots shown on a plan, or described in a deed, recorded at the Registry of Deeds in the sending area are eligible to apply for a special permit from the Planning Board to transfer all or part of the development rights on the lot to a lot in the receiving area.
A. 
The following districts are hereby established:
(1) 
Sending area: lands bounded by the following constraints: north of I-90, east of the eastern boundary of Stimson Street, River Street and State Route 32, south of the Ware Town Line, west of the Warren Town Line.
(2) 
Receiving areas: 1,500-foot buffer around the Depot Village (VCI), excluding DEP Zone II boundary; 1,500-foot buffer around the Three Rivers Village (VCII), excluding DEP Zone II boundary; 1,500-foot buffer zone around Bondsville Village (VCIII), including the adjacent Industrial B Zone, which is bounded on the north and west by the Belchertown Town line; 1,500-foot buffer around Thorndike Village (VCIV), excluding the DEP Zone II boundary for Palmer's water resources; Highway Business Zones west of Calkins Road and south of I-90, in the region located in Palmer's southwestern corner; parcels in the southeastern section of Palmer with Mason Street as the eastern border, the Monson Town line as the southern boundary.
B. 
These districts are delineated on the Transfer of Development Rights Map of the Town of Palmer, which is incorporated by reference as part of this chapter.
A. 
The applicant proposing to develop specified land in the receiving area at a density allowed by this article with transfer of development rights shall make an application to the Planning Board for a special permit. The application shall clearly illustrate a land parcel or parcels in the sending area and a parcel or parcels in the receiving area proposed for transfer of development rights, and the number of development rights proposed for transfer.
B. 
As part of the special permit application, the applicant shall determine the number of lots eligible for transfer from the parcel in the sending area, using the following process:
(1) 
After conferring with the Conservation Commission, subtracting all acreage which is identified as wetlands, one-hundred-year floodplain, or riverfront area under the Massachusetts Rivers Protection Act. The Conservation Commission may require the applicant to complete wetlands delineation;
(2) 
Subtracting 5% of the total remaining parcel acreage, to account for land which would be used for roads if the parcel had been developed;
(3) 
After determining the remaining land area, determining the number of lots allowable in the sending area based on a conceptual development plan.
C. 
The Planning Board shall review the applicant's assessment of acreage eligible for transfer, and shall make a final determination of such acreage eligible for transfer.
D. 
The applicant shall also file with the Planning Board a preliminary development plan for the parcel in the receiving area, illustrating lots created using the transferred development rights, and illustrating all wetland and floodplain areas.
E. 
Approval of a special permit shall require the applicant to tender to the Planning Board a valid instrument granting to the Town a conservation restriction/agricultural preservation restriction for eligible land in the sending area. The applicant shall furnish to the Planning Board a certificate of title by a duly licensed attorney and such other evidence or assurance of title as may be satisfactory to the Town Counsel.
F. 
Upon advice of the Town Counsel that a conservation restriction/agricultural preservation restriction is valid and sufficient, there must be a vote by the Town Council authorizing Conservation Commission acceptance of the conservation restriction/agricultural preservation restriction. If the special permit application is valid and sufficient, the Conservation Commission, acting on behalf of the Town, may exercise its right of first refusal and should the Town decide to accept the conservation restriction, the Conservation Commission shall accept the conservation restriction/agricultural preservation restriction, for signature of the Massachusetts Commissioner of Agriculture in the same manner as other APRs or the Commissioner of the Executive Office of Environmental Affairs in the same manner as other conservation restrictions, and for recording in the County Registry of Deeds. If the Town does not decide to accept the conservation restriction/agricultural preservation restriction, the easement may be transferred to a qualified not-for-profit organization, and such an organization shall maintain, monitor and enforce the terms of the conservation restriction/agricultural preservation restriction.
G. 
Upon final approval of site plans, the Planning Board shall make a decision to grant, deny, or grant with conditions, the special permit to increase the number and density of units in the receiving area, based on the table in § 171-95.
A. 
Each residential building lot within the sending area is equivalent to one of the development rights in the receiving area shown in the Table of Exchange Standards for Transfer of Development Rights found below.
Table 1 - Exchange Standards for Transfer of Development Rights
Sending Area
Receiving Area
Notes
1 residential building lot equals
2,000 square feet of additional commercial or industrial floor area, plus a 5% increase in building coverage for a single commercial or industrial lot; or
1)
"Additional commercial or industrial floor area" shall be defined as floor area above that which would normally be permitted in the underlying district, under § 171-32, Table of Dimensional and Density Regulations, of this chapter. The Planning Board may allow an increase in building coverage from the maximum building coverage required under § 171-32, up to a maximum 75% building coverage for commercial or industrial uses.
1.2 residential building units, plus a 5% increase in building coverage; or
2)
Fractions of building lots cannot be rounded up to the next whole number.
1 neighborhood commercial building lot
3)
See § 171-102 for commercial uses allowed on a neighborhood building lot within a traditional neighborhood development. Only one "neighborhood commercial building lot" may be approved per 10 residential building lots within a TND.
B. 
For development rights purchased for every one lot meeting minimum dimensional requirements for the underlying district within the sending area, the developer can add 1.2 residential lots or one neighborhood commercial lot in a traditional neighborhood development in the receiving area above what could normally be built under zoning standards of the underlying district, provided the dimensional requirements indicated in Subsection D, Table 2, of this section and other requirements of this article are met. Fractions of building lots cannot be rounded up to the next whole number.
(1) 
For example, if a developer buys the development rights to 14 buildable lots in the sending area, the developer is entitled to: 14 lots x 1.2 = 16.8 lots in addition to the underlying density in the receiving area. However, since fractional lots cannot be built on, the developer can construct only 16 units (above what could normally be built under zoning standards of the underlying district).
C. 
When a landowner wishes to sell less than the total number of development rights available to a tax parcel, the landowner may do so, provided that the tax parcel is subdivided.
D. 
The maximum limits on density, building coverage, and parking reductions permitted to be developed by special permit in the receiving area shall be determined by reference to the Table of TDR Dimensional Standards for Receiving Areas found below.
Table 2 - TDR Dimensional Standards for Receiving Areas
Underlying Zoning District
Dimensional Requirements in Underlying Zone
Dimensional Requirements in Receiving Area (with TDR)
Town Residential (with Town water and sewer)
Lot size: 20,000 square feet
Frontage: 100 feet
Front setback: 30 feet
Side setback: 15 feet
Rear setback: 15 feet
Building coverage: 50%
Height: 2 1/2 stories
Maximum multifamily units in building: 6
Lot size: 10,000 square feet
Frontage: 60 feet
Front setback: 15 feet
Side setback: 10 feet
Rear setback: 10 feet
Building coverage: 60%
Height: 2 1/2 stories
Maximum multifamily units in building: 9
Neighborhood Business
Lot size: 40,000 square feet
Frontage: 200 feet
Front setback: 50 feet
Side setback: 30 feet
Rear setback: 30 feet
Building coverage: 50%
Height: 50 feet
Lot size: 15,000 square feet
Frontage: 80 feet
Front setback: 25 feet
Side setback: 15 feet
Rear setback: 15 feet
Building coverage: 75%
Height: 50 feet
Industrial A
Lot size: 43,560 square feet
Frontage: 200 feet
Front setback: 50 feet
Side setback: 50 feet
Rear setback: 50 feet
Building coverage: 50%
Height: 50 feet
Lot size: 15,000 square feet
Frontage: 100 feet
Front setback: 25 feet
Side setback: 25 feet
Rear setback: 25 feet
Building coverage: 75%
Height: 50 feet
Industrial B
Lot size: 43,560 square feet
Frontage: none
Front setback: 50 feet
Side setback: 50 feet
Rear setback: 50 feet
Building coverage: 50%
Height: 50 feet
Lot size: 15,000 square feet
Frontage: 100 feet
Front setback: 25 feet
Side setback: 25 feet
Rear setback: 25 feet
Building coverage: 75%
Height: 50 feet
Rural Residential
Lot size: 60,000 square feet
Frontage: 150 feet
Front setback: 50 feet
Side setback: 30 feet
Rear setback: 30 feet
Building coverage: 50%
Height: 35 feet
Lot size: 30,000 square feet
Frontage: 75 feet
Front setback: 25 feet
Side setback: 15 feet
Rear setback: 15 feet
Building coverage: 75%
Height: 35 feet
Suburban Residential
Lot: 30,000 square feet
Frontage: 150 feet
Front setback: 30 feet
Side setback: 30 feet
Rear setback: 30 feet
Building coverage: 50%
Height: 35 feet
Lot size: 15,000 square feet
Frontage: 75 feet
Front setback: 15 feet
Side setback: 15 feet
Rear setback: 15 feet
Building coverage: 75%
Height: 35 feet
General Business
Lot: 40,000 square feet
Frontage: 200 feet
Front setback: 50 feet
Side setback: 30 feet
Rear setback: 30 feet
Building coverage: 50%
Height: 50 feet
Lot size: 15,000 square feet
Frontage: 100 feet
Front setback: 25 feet
Side setback: 15 feet
Rear setback: 15 feet
Building coverage: 75%
Height: 50 feet
Highway Business
Lot: 40,000 square feet
Frontage: 200 feet
Front setback: 50 feet
Side setback: 30 feet
Rear setback: 30 feet
Building coverage: 50%
Height: 50 feet
Lot size: 20,000 square feet
Frontage: 100 feet
Front setback: 25 feet
Side setback: 15 feet
Rear setback: 15 feet
Building coverage: 75%
Height: 50 feet
A. 
All business and industrial uses developed under this article must meet the following standards:
(1) 
The height of buildings shall not exceed the maximum height allowed in the underlying district;
(2) 
To the extent feasible, adjacent uses shall utilize shared parking areas and shared curb cuts to minimize vehicular safety impacts on roads;
(3) 
Pedestrian and bicycle amenities, such as sidewalks, shall be provided.
B. 
The Planning Board may consider, in making its special permit decision, whether the project meets the following design standards:
(1) 
Architectural design shall be compatible with the historic character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines, windows and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air circulation, and separation between buildings where appropriate.
In addition to the special permit criteria under Article XV of this chapter, the Planning Board shall grant a special permit for transfer of development rights if it finds the following criteria are met:
A. 
The proposed use is in harmony with the purposes of this article:
B. 
The proposed use meets all of the procedural, dimensional and density requirements, and design standards of this article.
C. 
All residential uses in the receiving area must meet the TND design standards in § 171-102.
D. 
All business and industrial uses in the receiving area must meet the design standards for business and industrial receiving areas in § 171-96.
No conservation restriction/agricultural preservation restriction, which has been conveyed under this article, may be released unless the provisions for release in MGL c. 184, § 32 have been met, which include:
A. 
The restriction must be repurchased from the Town by the landowner at its then fair market value, and funds returned to the Town bank for development rights.
B. 
The restriction shall be released by its holder only if the land is no longer deemed suitable for agricultural or horticultural purposes and unless approved by a two-thirds vote of both branches of the Massachusetts General Court.
A. 
In lieu of transferring development rights using the process described §§ 171-94 through 171-96 above, an applicant for a special permit in § 171-96 may make a cash contribution to the Town of Palmer to be used for the purpose of purchasing a conservation restriction/agricultural preservation restriction. The contribution shall be of a value equal to the value of the required development rights, as determined in the Table of Exchange Standards for Transfer of Development Rights. This value shall be determined by multiplying the number of acres of developable land required by the average cost of a conservation restriction/agricultural preservation restriction in the Town of Palmer over the past three years, as determined by the Conservation Commission.
B. 
The maximum number of development rights which may be purchased through a cash contribution to the Town of Palmer shall be 100 development rights in any calendar year.
The Town shall maintain a registry of landowners in the sending area that have expressed interest in selling development rights under this article. Applicants for TDR must seek development rights from this registry first, before considering making a cash payment in lieu of transferring development rights, as permitted under § 171-100.
A. 
Minimum standards required for a traditional neighborhood development. Traditional neighborhood development permits greater densities than allowed in the Town Residential District, Neighborhood Business District, and Industrial A and B Districts. This greater density is only permitted when development rights from the sending area are transferred to the receiving area as described in this article. The following standards are required for the approval of a traditional neighborhood development:
(1) 
All utility lines such as telephone, cable television, and electric are to be located underground.
(2) 
The tract of land to be developed shall be in single ownership or shall be the subject of an application filed jointly in accordance with an approved plan.
B. 
Uses allowed by special permit in a traditional neighborhood development. Within a traditional neighborhood development, the Planning Board may approve the following uses as part of the special permit:
(1) 
Single-family dwelling;
(2) 
Neighborhood commercial uses, which may include: service-oriented business, including a bank, barber shop, beauty salon, medical or dental clinic, and automatic self-serving laundry;
(3) 
Retail service store or custom store such as a bakery or confectionery, florist, food store (no booth or restaurant facilities) or grocery designed primarily to provide daily service to the residents of the immediately surrounding neighborhood, provided that the gross floor area of the store does not exceed 750 square feet, and provided that only one neighborhood commercial lot shall be approved for every 10 residential lots within a TND;
(4) 
Home office;
(5) 
Accessory uses, buildings, and structures customarily incidental to any primary use located on the same lot.
C. 
TND design standards.
(1) 
Porches are encouraged for residential uses. Stoops, open colonnades, and open porches may encroach not more than 10 feet into front setbacks as indicated in this article, but not closer than 10 feet to the street right-of-way.
(2) 
Street and pedestrian way design shall minimize pedestrian crossings at through streets.
(3) 
Advance tactile warning of pedestrian street crossings shall be given to motorists by placing cobblestone or other similar materials across the street in a band of at least six feet wide at the same surface elevation as the adjacent pavement. The warning bands shall be located between 20 feet and 60 feet from a pedestrian crossing.
(4) 
Streetlights shall be provided along all active pedestrian ways. Such streetlights shall consist of a pole- or pedestal-mounted luminary, 10 feet to 12 feet in height, having a full-spectrum bulb of not more than 175 watts.
(5) 
Architectural design shall be compatible with the historic character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines, windows and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air circulation, and separation between buildings where appropriate.
(6) 
All lots shall have an uninterrupted sidewalk at least five feet wide the entire width of the lot frontage.
(7) 
The front of an attached garage shall be set back at least 10 feet from the front facade of the principal building of which the garage is a part.
D. 
TND open space and landscape standards.
(1) 
All TNDs must include dedicated park or Town common land, totaling a minimum of 20% of the total parcel to be subdivided, to provide centrally located park and common space which is readily accessible to all residences.
(2) 
Street trees shall be planted within the rights-of-way parallel to the street along all streets.
(3) 
Trees shall have a minimum height of six feet and a minimum caliper of 2.5 inches at the time of planting. Where possible, a minimum six-foot-wide landscaped belt will be created to plant the street trees.
(4) 
Tree spacing shall be determined by species type. Large maturing trees shall be planted a minimum of 40 feet and a maximum of 50 feet on center. Small and medium maturing trees shall be planted a minimum of 10 feet and a maximum of 30 feet on center.
E. 
Parking standards.
(1) 
Parking for residential uses shall be provided in individual lots or in combined parking lots, provided each dwelling unit has at least one off-street parking space within 500 feet from its property boundary. Additional parking may be provided on streets or off-street.
(2) 
Parking lots for any uses shall generally be located at the rear of or at the side of buildings, and shall be no closer than six feet to a building.
(3) 
When two adjacent lots contain parking areas, it is encouraged to develop them as one parking area.
(4) 
Parking lot layout, landscaping, buffering, and screening shall prevent direct views of parked vehicles from streets and sidewalks, avoid spill-over light, glare, noise, or exhaust fumes onto adjacent properties. In order to achieve these objectives, parking lots exposed to view shall be surrounded by a minimum of a five-foot-high screen, hedge, or wall visually impervious year-round.
(5) 
The interior of all parking lots shall be landscaped to provide shade and visual relief. This is best achieved by protected planting islands or peninsulas within the perimeter of the parking lot. A minimum of one deciduous shade tree shall be planted for every six parking spaces. A six-foot planting diamond or equivalent planter is required.
(6) 
Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided, where necessary and appropriate, shall be distinguished by textured paving, and shall be integrated into the wider network of pedestrian walkways.
Table 3 - Parking Requirements in the Traditional Neighborhood Development
Use
Minimum Parking Spaces Required
(a)
Residential
1 space per dwelling unit
(b)
Other uses
As per Article XVIII of this chapter
All development activities with the TND shall comply with applicable laws, regulations, and standards of the Town of Palmer, except that in the event of a conflict between this TND Article XX and any such laws and regulations, the provisions of this TND Article XX shall control, provided that they are consistent with state and federal law.