Town of Ayer, MA Article 10 Special Regulations

§ 320-10.1 Open space residential development.

[Amended 10-22-2018 STM by Art. 6; 10-28-2019 STM by Art. 4; 10-27-2025 STM by Art. 4]

10.1.1 Purpose.

A. The primary purpose of this § 320-10.1 is to preserve the open space resources of the Town of Ayer. This is necessary for the protection of the Town's water resources and other unique environmental assets. This § 320-10.1 is also intended to foster compact development patterns using flexible regulations for density and lot dimensions and to promote and encourage creativity in neighborhood design.

B. The Town encourages the use of open space residential development (OSRD) because it results in the preservation of contiguous open space and important environmental resources, while allowing design flexibility. OSRD reduces development impacts on farmland, forests, wildlife habitats, large tracts of contiguous open space, environmentally sensitive areas, steep slopes, hilltops, and historically significant areas.

C. To encourage this type of development, OSRD is allowed by right, subject only to this section, applicable provisions of the Ayer Zoning Bylaw, and the requirements of the Planning Board's Regulations Governing the Subdivision of Land. An OSRD that does not require approval as a subdivision is allowed by right subject to site plan approval by the Planning Board. In order to encourage small subdivisions to follow OSRD principles, there is no minimum parcel size or number of lots required for an OSRD.

10.1.2 Applicability.

A. An OSRD may be proposed in any residential district. All subdivisions shall comply with the OSRD provisions of this section unless the Planning Board allows a development that deviates from the requirements of said section by special permit. Such deviations may be approved if the applicant demonstrates that the proposed alternative development configuration provides adequate protection of the site's environmental resources and fulfills the purposes of this § 320-10.1 as well as or better than an OSRD.

B. Subsection A above applies only to subdivisions of land as defined in MGL c. 41, § 81L, and not to construction of homes or businesses on individual lots that existed prior to September 5, 2017, or to lots created through the "Approval Not Required" process with frontage on public ways existing as such as of September 5, 2017, described in the Regulations for the Subdivision of Land (the "Subdivision Regulations").[1] However, if subdivision approval is not required because a new roadway is not proposed, an applicant may nevertheless apply for OSRD approval under this section. In such case, the application shall be subject to site plan review as described in § 320-3.5. If the proposed OSRD also involves one or more common driveways, density bonuses, transfer of development rights, or any other use that requires a special permit, the proceedings for all such special permits and the site plan review for the lot configuration shall occur in one consolidated special permit proceeding before the Planning Board.

[1] Editor's Note: See Ch. 440, Subdivision Regulations.

10.1.3 Development impact statement and conservation analysis.

A. In order to enable the Planning Board to determine whether or not a proposed OSRD (or development by special permit that deviates from the requirements for OSRD) satisfies the purposes and standards of this § 320-10.1, an applicant must present sufficient information on the environmental and open space resources for the Board to make such determination. The required information shall be provided in the form of a development impact statement as described in the Subdivision Regulations, including a conservation analysis. In the case of an OSRD that is not a subdivision, and that is presented as a site plan review application, the applicant shall not be required to submit a full development impact statement. However, the Planning Board may require the submission of all or part of a conservation analysis as described in the Board's rules and regulations.

B. Conservation analysis and findings.

(1) Prior to filing an application, the applicant is encouraged to meet with the Planning Board to discuss the conservation resources on the site. At such meeting, the Planning Board shall indicate to the applicant which land is likely to have the most conservation value and be most important to preserve and where development may be most appropriately located.

(2) In the case of a proposed plan that deviates from the requirements of this § 320-10.1, if the Planning Board determines that the land with the greatest conservation value cannot be protected except by the use of an OSRD plan, the Planning Board shall deny the special permit for the deviation and require that the applicant submit a plan that complies with the requirements for an OSRD.

(3) The Planning Board, in consultation with the Conservation Commission, shall study the conservation analysis, may conduct field visits, and shall formally determine which land should be preserved and where development may be located. The Planning Board shall make written findings supporting this determination (the "conservation findings"). The Planning Board shall deny any application that does not include sufficient information to make conservation findings or that does not preserve land that the Planning Board determines should be preserved from development as a result of the conservation analysis and findings.

(4) The Planning Board's conservation findings shall be incorporated into its decision to approve, approve with conditions, or deny an application. The conservation findings shall show land to be permanently preserved by a conservation restriction, as well as recommended conservation uses, ownership, and management guidelines for such land. The conservation findings shall also indicate preferred locations for development if the plan is denied based upon such findings.

C. Minimum preserved open space. The plan shall show that at least 50% of the tract will be preserved by a conservation restriction for a tract of land served by public sewer or 40% if the tract of land is not served by sewer. The proportion of jurisdictional wetlands and steep slopes, as defined below, which can be included in the minimum required preserved area of open space shall be directly proportional (1:1) to the percentage of such areas found in the parent parcel. For example, if jurisdictional wetlands and steep slopes comprise 25% of the parent parcel, then up to 25% of the required protected open space can contain such jurisdictional wetlands and steep slopes.

10.1.4 Maximum number of dwelling units.

A. The maximum number of residential units in an OSRD is determined through submission of a "yield plan," which is essentially a plan meeting most of the standards of a preliminary subdivision plan according to Ayer's Rules and Regulations Governing the Subdivision of Land, with some additional information as described below. The yield plan shall show the maximum number of lots and/or dwelling units ("base lot/unit yield") that could be placed upon the site in a conventional subdivision, in full conformance with all applicable provisions of the Ayer Zoning Bylaw, Subdivision Regulations, state and local health laws and regulations, the Massachusetts Wetlands Protection Act, local Wetlands Protection Bylaw and other applicable requirements.

B. The yield plan and preliminary subdivision plan may be submitted at the time of preliminary plan application, or, in cases when a preliminary subdivision plan is not submitted, the yield plan shall be submitted with the definitive subdivision plan application. In cases where a proposed development does not involve subdivision of the original tract of land in an OSRD application, a yield plan shall still be required.

C. No land that is unusable for building due to being subject to an easement, or otherwise legally restricted, shall be included as land available for development. The applicant shall have the burden of proof to demonstrate that the maximum number of lots and dwelling units resulting from the design and preliminary engineering specifications shown on the yield plan is feasible.

D. Yield plan requirements:

(1) Title and name of subdivision.

(2) A locus plan at a scale of one inch equals 1,000 feet (1" = 1,000').

(3) The zoning classification of the parcel being subdivided, including any zoning district boundaries.

(4) The boundaries of the parcel being subdivided, reference point north, date, datum (NAD 83 and NAVD 88), scale and legend.

(5) The names, addresses and telephone numbers of the record owner(s), the applicant, and the names, addresses, telephone numbers, stamps and signatures of the engineer and surveyor and/or landscape architect responsible for the preparation of the plan.

(6) Prominent landscape elements that might be contributory to the site's preserved open space network, including topographic features, open landscapes, woodlands, water and wetlands, as well as man-made cultural and historic resources. Publicly available sources such as the MA Natural Heritage series, MA GIS Wetlands Resources mapping, MA Historical Commission, and other sources, may be employed in this assessment. In cases where a professional wetland delineation has been prepared, such formal wetland delineation is preferable to general wetland locational information from publicly available sources.

(7) Locations of all existing and proposed features and amenities, including trails, recreation areas, pedestrian and bicycle paths, community buildings, and off-street parking areas.

(8) All proposed lot lines with lot dimensions and land area, as well as proposed common areas. In cases where the proposed OSRD development involves any type of attached dwellings, the units shall be depicted with their approximate layout, location and applicable lot lines to the extent known at this preliminary stage. For the purpose of this item, "land area" is "lot area" as defined in the Ayer Zoning Bylaw. To facilitate this calculation on properties containing bodies of water or other areas excluded by the bylaw from lot area calculations, applicants shall show gross parcel area and the area of any bodies of water, in addition to lot areas.

(9) Topography of the land at two-foot contour intervals, based upon field survey. At the discretion of the Town Planner, and with the concurrence of the Planning Board, applicant may request submission of wider contour intervals, based upon US Geological Survey data, Natural Resources Conservation Service soils maps, MA Geographic Information System layers, or other publicly available sources, as well as any existing topographic survey.

(10) Existing and proposed lines and widths of streets, rights-of-way, sidewalks, access and utility easements, and other known encumbrances on the property.

(11) Proposed roadway grades, which may be approximate if general topographic data per requirement nine above is being used.

(12) The approximate location and type of stormwater management facilities, drawn at the conceptual engineering level without design detail and data. All proposed major elements of the site system shall be indicated in their approximate future locations, whether closed collection and discharge, open retention/detention, natural stormwater flow, or bioretention components. A narrative shall be provided summarizing the general approach to stormwater management on the site.

(13) The proposed sanitary sewer system and water distribution system, drawn to a conceptual engineering level, accompanied by any available soils and hydrological information.

E. The Planning Board shall review the yield plan and make a finding as to the base lot yield and/or dwelling units upon accepting a preliminary plan for consideration, or at the first meeting of the public hearing in cases where a preliminary plan is not submitted. The Planning Board shall provide its findings on lot and/or unit yield in writing to the applicant.

F. To be counted towards the base lot yield, a proposed building lot must meet applicable lot area, frontage and other dimensional requirements, and have enough non-wetland area, based on the information required by Subsection 10.1.4D, to accommodate a dwelling while meeting all dimensional requirements.

10.1.5 Density bonus.

A. The unit count determined in Subsection 10.1.4 may be increased through density bonuses in order to advance important goals of the Ayer Master Plan, Ayer Open Space and Recreation Plan, or other planning document approved by the Planning Board and on file in the Planning Department. Density bonuses are given by special permit at the discretion of the Planning Board based upon the expected public benefit. They are calculated by first determining the allowable unit count under Subsection 10.1.4 without rounding fractional units up or down, and then multiplying that number by the percentages associated with each of the following density bonuses and adding them all up for a total. Resulting fractional units, if any, shall be rounded up or down as in Subsection 10.1.4.

(1) If the applicant allows deeded public access to the open space portion of the property and the Planning Board finds that such public access provides a recreational benefit to the public (such as access to an important natural area, a trail system, other geological interests, etc.): a maximum of 10%.

(2) Please refer to Subsection 10.3.9 for the inclusionary housing density bonus calculation.

(3) If the applicant preserves as permanent open space more than the minimum required percentage: a maximum 10% density bonus per additional 5% of the parcel preserved as open space.

(4) If the applicant commits to build units that are 1,600 square feet or less, for every unit built, the applicant can ask for up to two additional units up to a maximum of 30% of the base allowable units determined under Subsection 10.1.4.

10.1.6 Permitted housing types. The allowable residential units may be developed as single-family, two-family, or multifamily dwellings, provided that applicable special permit or site plan review requirements for the land use district are satisfied and that the number of dwelling units does not exceed the allowable unit count in Subsection 10.1.4 above. The subdivision approval and special permit/site plan requirements shall be fulfilled concurrently in one proceeding to the extent practical. Any OSRD application involving two-family or multifamily dwellings shall include a site plan that shows the location, layout, height, and setbacks of such dwellings.

10.1.7 Dimensional and design requirements.

A. Minimum lot sizes in OSRDs. The limiting factor on lot size in OSRDs is the need for adequate water supply and sewage disposal. Therefore, there is no required minimum lot size for zoning purposes. This does not affect the powers of the Board of Health to require areas on a lot for the disposal of sewage and the protection of water supply.

B. Setbacks, road frontage, and road requirements. The minimum setback shall be 10 feet from any property line. There shall be no numerical requirements for road frontage in an OSRD, provided that each lot has legally and practically adequate vehicular access to a street across its own frontage or via a shared driveway approved by the Planning Board. All dwellings must comply with applicable Board of Health requirements. The Planning Board may modify the applicable road construction requirements for new roads within an OSRD as provided in the Regulations Governing the Subdivision of Land,[2] if it finds that such modifications will be consistent with the purposes of this § 320-10.1.

[2] Editor's Note: See Ch. 440, Subdivision Regulations.

C. Arrangement of lots.

(1) Lots shall be located and arranged in a manner that protects: views from roads and other publicly accessible points; farmland; wildlife habitat; large intact forest areas; hilltops; ponds; steep slopes; and other sensitive environmental resources, while facilitating pedestrian circulation. Generally, residential lots shall be located the minimum feasible distance from existing public roadways. The Planning Board shall take into consideration the conservation analysis and findings in approving the arrangement of lots.

(2) Lot, roadway, and driveway layouts, land alterations, and placement of structures shall follow any design guidelines for OSRD which may be adopted by the Planning Board.

10.1.8 Permanent open space.

A. Open space set aside in an OSRD or as a condition of any special permit or site plan approval shall be permanently preserved from development as required by this § 320-10.1. The Planning Board may not require such open space land to be accessible to the public, unless a density bonus is allowed under Subsection 10.1.5. Any development permitted in connection with the setting aside of open space land shall not compromise the conservation value of such open space land, based upon the conservation findings of the Planning Board.

B. Permanent preservation of open space land. All land required to be set aside as open space in connection with any OSRD shall be so noted on any approved plans and shall be protected by a permanent conservation restriction to be held by the Town of Ayer, the Commonwealth of Massachusetts, or a nonprofit conservation organization qualified to hold conservation restrictions under MGL c. 184, § 31. All references to conservation restrictions in these bylaws shall mean a conservation restriction meeting the requirements of MGL c. 184, § 31. The restriction shall specify the permitted uses of the restricted land which may otherwise constitute development. The restriction may permit, but the Planning Board may not require, public access or access by residents of the development to the protected open space land.

C. Ownership of open space land.

(1) Protected open space land may be held in private ownership, owned in common by a homeowner's association (HOA), dedicated to the Town or state governments with their consent, transferred to a nonprofit organization acceptable to the Planning Board, or held in such other form of ownership as the Planning Board finds appropriate to manage the open space land and protect its conservation value.

(2) If the land is owned in common by an HOA, such HOA shall be established in accordance with the following:

(a) The HOA must be created before final approval of the development, and must comply with all applicable provisions of state law.

(b) Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance, and maintenance of common open space, private roads, and other common facilities.

(c) The HOA must be responsible for liability insurance, property taxes, the maintenance of recreational and other facilities, private roads, and any shared driveways.

(d) Property owners must pay their pro rata share of the costs in Subsection C(2)(c) above, and the assessment levied by the HOA must be able to become a lien on the property.

(e) The HOA must be able to adjust the assessment to meet changed needs.

(f) The applicant may make a conditional offer of dedication to the Town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Town, at the discretion of the Select Board, upon the failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder or to pay its real property taxes.

(g) Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.

(h) The HOA documents shall be reviewed by Town Counsel, at the applicant's expense, to assure that they satisfy the conditions in Subsection C(2)(a) through (g) above, and such other conditions as the Planning Board shall deem necessary.

D. Maintenance standards.

(1) Ongoing maintenance standards shall be established as a condition of development approval to ensure that the open space land is not used for storage or dumping of refuse, junk, or other offensive or hazardous materials. Such standards shall be enforceable by the Town against any owner of open space land, including an HOA.

(2) If the Select Board finds that the provisions of Subsection D(1) above are being violated to the extent that the condition of the land constitutes a public nuisance, it may, upon 30 days' written notice to the owner, seek a court order allowing the Town to enter the premises for necessary maintenance, and to assess the cost of such maintenance by the Town ratably against the landowner or, in the case of an HOA, the owners of properties within the development, and if such costs are not paid, to impose a property tax lien on such property or properties.

§ 320-10.2 Multifamily development standards.

[Amended 6-10-2019 STM by Art. 2]

Special permit applications to construct multifamily housing in a development other than an OSRD under § 320-10.1 or within the Downtown Ayer/Park Street FBC District shall incorporate the following standards.

A. Siting and layout requirements.

(1) Multifamily dwellings shall be integrated into the existing terrain and surrounding landscape, and shall be designed to protect abutting properties and community amenities. Building sites shall, to the extent feasible:

(a) Minimize use of wetlands, steep slopes, floodplains, hilltops;

(b) Minimize obstruction of scenic views from publicly accessible locations;

(c) Preserve unique natural or historical features;

(d) Minimize tree, vegetation and soil removal and grade changes;

(e) Maximize open space retention; and

(f) Screen objectionable features from neighboring properties and roadways.

(2) More than one structure may be placed on a lot, but no residential structures shall be placed closer to each other than 10 feet and must be visually separated by trees and plantings. In addition, each dwelling must be provided with access, drainage and utilities functionally equivalent to that provided under the Planning Board's Subdivision Rules and Regulations.[1]

[1] Editor's Note: See Ch. 440, Subdivision Regulations.

B. Design standards. Buildings shall be in harmony with the prevailing 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 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.

C. Vehicular and pedestrian access requirements.

(1) The site plan shall maximize the safety and convenience of pedestrian and vehicular movement within the site and in relation to adjacent ways.

(2) Multifamily structures shall have access on roads having sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic generated by the site.

(3) Connecting walkways with tree belts shall be provided between structures and parking areas within the site and shall be constructed in accordance with the standards set forth in the Planning Board's Subdivision Rules and Regulations.[2]

[2] Editor's Note: See Ch. 440, Subdivision Regulations.

D. Open space and buffer requirements.

(1) All land not devoted to dwellings, accessory uses, roads or other development shall be permanently preserved as open space. A minimum of 50% of the land preserved as open space shall be grassed, landscaped or wooded land available for active and passive recreation.

(2) Multifamily dwellings shall be separated from adjacent properties by buffer strips consisting of trees and/or fencing sufficient to minimize the visual and noise impacts of the development. Such a buffer strip shall be at least 10 feet in width and it shall contain a screen of plantings. The screen shall not be less than five feet in width and six feet in height at the time of occupancy of such lot. Individual shrubs or trees shall be planted as close as necessary to create a visual screen and shall thereafter be maintained by the owner or occupants so as to maintain a dense screen year-round. At least 50% of the plantings shall consist of evergreens. A solid wall or fence, not to exceed six feet in height, complemented by suitable plantings, may be substituted for such landscape buffer strip as approved by the Planning Board. The strip may be part of the yard.

E. Parking, loading and lighting requirements.

(1) To the extent feasible, parking areas shall not be located within a required front yard and shall be screened from public ways and adjacent or abutting properties by building location, fencing or planting. No individual parking area shall contain more than 14 spaces. Parking spaces shall be located not less than eight feet from the front property line and 10 feet from the back or side property lines. No parking shall be allowed on interior streets.

(2) Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be set back or screened to protect the neighbors from objectionable features.

(3) No building shall be floodlit. Drives, parking areas, walkways and entranceways shall be illuminated only by shielded lights not higher than 15 feet.

F. Utility requirements.

(1) Water supply and waste disposal systems shall not place excessive demands on municipal infrastructure.

(2) Electric, telephone, cable TV and other such utilities shall be underground.

G. Affordable housing. A multifamily development with five or more units shall comply with § 320-10.3.

§ 320-10.3 Inclusionary housing requirements.

[Amended 10-28-2019 STM by Art. 6; 4-22-2024 ATM by Art. 28; 10-28-2024 STM by Art. 6]

§ 320-10.3.1 Purpose.

The purposes of this bylaw are:

A. To increase the supply of housing in the Town of Ayer that is permanently available to and affordable by low- and moderate-income households;

B. To encourage greater diversity of housing accommodations to meet the needs of Ayer residents and; and

C. To develop and maintain a satisfactory proportion of the Town's housing stock as affordable housing units; and

D. To provide reasonable cost offsets to developers.

§ 320-10.3.2 Applicability.

A. The requirements of this § 320-10.3 shall apply to:

(1) Any residential development or mixed-use development in a single structure or multiple structures resulting in a net increase of five or more dwelling units on any parcel or contiguous parcels comprising a proposed development site.

(2) A finding, special permit, or variance from the Zoning Board of Appeals and/or Planning Board that results in a net increase of five or more dwelling units, whether by new construction or by the alteration, expansion, reconstruction, or change of existing residential or nonresidential structure(s) or space, whether on one or more contiguous parcels comprising a proposed development site.

(3) Any division of land, including but not limited to divisions as a result of MGL c. 41, §§ 81K to 81GG (Subdivision Control Law) and/or MGL c. 41, § 81P (approval not required), for residential development or mixed-use development that results in a net increase of five or more dwelling units on any parcel or contiguous parcels comprising a proposed development site.

B. Under this section, development shall be defined as any effort to improve land on a single parcel, or on one or more contiguous parcels, creating housing in which the parcels are under common ownership or common control, as determined by the Building Commissioner. Development shall not be segmented to avoid compliance with this section. Segmentation shall mean one or more divisions of land that cumulatively result in a net increase of five or more lots or dwelling units above the number existing five years prior to an application to develop any parcel or set of contiguous parcels held in common ownership or under common control on or after the effective date of this § 320-10.3.

§ 320-10.3.3 Development requirements.

In any development subject to this § 320-10.3, at least 10% of the dwelling units shall be affordable housing. Fractions of 0.5 or more shall be rounded up to the next whole number and fractions less than 0.5 shall be rounded down to the next whole number.

§ 320-10.3.4 General provisions.

A. Consultation with Affordable Housing Trust. Applicants are encouraged to consult with the Affordable Housing Trust early in the development process concerning the Town's affordable housing needs and the optimum manner in which the Town's needs and the developer's affordable housing requirements can be met by the proposed development consistently with any affordable housing production plan then in effect in the Town. The Ayer Affordable Housing Trust and the Ayer Affordable Housing Committee may consult with and give advice to the Planning Board during the development process and, as a part of the process, may submit written reports to the board reviewing any proposed development subject to this § 320-10.3.

B. Comparability. Unless otherwise approved by the Planning Board, all on-site affordable housing units shall be dispersed throughout the site and shall be indistinguishable from market-rate units except in interior finish, fixtures, and appliances. For both on-site and off-site units that are a part of any development proposal, the number of bedrooms in affordable housing units shall be comparable to the bedroom mix in market-rate units in the development.

C. Selection process. The selection of qualified purchasers or qualified renters shall be carried out under an affirmative fair-housing marketing plan submitted by the applicant and approved by the Planning Board, following consultation with the Ayer Affordable Housing Trust (AAHT) and oversight by the Community Development Office. The marketing plan shall comply with the Executive Office of Housing and Livable Communities (EOHLC) Local Initiative Program (LIP) guidelines in effect on the date of the application, or for a special permit, or other approval from the Planning Board.

D. For design guidelines of preferred affordable multifamily new construction, refer to the "Massachusetts Multifamily New Construction Design Requirements & Guidelines" developed by BHDC, DND, MassHousing, and MHP and as may be amended from time to time.

(1) The Planning Board shall have the authority to allow new construction of multifamily housing under § 320-10.3 of the Ayer Zoning Bylaws to allow for the construction of new units to meet the target units sizes referenced in Section 4.B "Design Guidelines for Units Layouts and Interior Dimensions" dated April 2022.

§ 320-10.3.5 Methods of providing affordable units.

For any development that is subject to this § 320-10.3, the following shall apply:

A. On-site units. Construction of affordable units on the site of the project is the preferred approach to creating affordable housing and shall be required for any development that includes 20 or more dwelling units. However, on-site affordable units shall not be required in any development that includes 19 or fewer dwelling units. Any development made up of rental units, the affordable units shall be required on-site. Bonus units do not count towards this section.

B. The Planning Board may approve one or both of the following methods, alone or in combination. In no event shall the total number of units provided through such methods be less than the number of affordable housing units required under § 320-10.3.3.

(1) A housing contribution payment to the Ayer Affordable Housing Trust, determined in accordance with § 320-10.3.6, for any development with at least five but not more than 19 dwelling units.

(2) Off-site units, or comparable affordable units on another site in Ayer. Off-site units need not be located in the same district as the development. The approved location of the off-site affordable housing units shall be identified in the applicable board's decision. Preservation of existing dwelling units for affordable housing may be accomplished by purchasing deed restrictions and providing funds for capital improvements to create housing with equal or greater value as new-construction units.

§ 320-10.3.6 Housing contribution payments in lieu of on-site units.

A. Approval. The inclusionary housing payment may be met if the developer makes a binding, written agreement with the Town of Ayer (with appropriate payment security) to make affordable housing contribution payments to the Ayer Affordable Housing Trust Fund in lieu of building affordable housing units that is approved by:

(1) The Planning Board in the case of any mixed-use multifamily development, any multifamily development, any residential development requiring a special permit, or any conventional subdivision and/or MGL c. 41, § 81P (approval not required); or

(2) The Zoning Board of Appeals in the case of any residential developments requiring a finding, special permit or variance or any mixed-use development requiring a finding, special permit, or variance.

B. Amount. The housing contribution payment for each market-rate housing unit in the development shall be equal to the chart below:

Market Rate Sale Price	Inclusionary Housing Contribution
$400,000 or less	$10,000
$400,001 to $600,000	2.5% of the sale price for the market rate unit
$600,001 to $800,000	3.0% of the sale price for the market rate unit
$800,001 or greater	3.5% of the sale price for the market rate unit

C. Method of payment. The following methods of payment may be used at the option of the applicant:

(1) The payment in lieu shall be paid upon the recording of the transfer of the deed for each market rate unit.

§ 320-10.3.7 Planning Board regulations.

The Planning Board shall adopt rules and regulations to administer this § 320-10.3, following consultation with the Affordable Housing Trust. Such rules and regulations shall not be inconsistent with the Executive Office of Housing and Livable Communities (EOHLC) regulations and guidelines under MGL c. 40B.

§ 320-10.3.8 Building permit and occupancy conditions.

A. Building permit conditions. All agreements with the Town of Ayer and other documents necessary to ensure compliance with this § 320-10.3 shall be executed and delivered to the Department of Community and Economic Development and Planning Department prior to and as a condition of the issuance of any approval required to commence construction. The Building Inspector shall not issue a building permit with respect to any project or development subject to this article unless and until the Planning Department and Department of Community and Economic Development has verified, in writing, to the Building Inspector that all conditions of this § 320-10.3, including any conditions that may be established by the Planning Board or Zoning Board of Appeals in any decision or approval, have been met.

B. Occupancy conditions. No certificate of occupancy shall be issued for any market-rate units in a development subject to this article until all deed restrictions, agreements with the Town of Ayer and/or other documents necessary to ensure compliance by the applicant (and any purchasers of the affordable housing units) with the requirements of this bylaw have been executed and recorded and any required housing contribution payments with respect to the unit have been made. Occupancy permits for any market-rate housing units shall be issued at an equal ratio to the occupancy permits for required affordable housing units for the entire project.

C. Timing of construction. Where feasible, affordable housing units shall be provided coincident with the development of market-rate units, but in no event shall the development of affordable on-site or off-site housing units or payment of fees in lieu of units be delayed beyond the following schedule. Fractions of units shall not be counted.

§ 320-10.3.9 Density bonus.

The Planning Board may grant a special permit to adjust the requirements of this § 320-10.3, as follows:

A. To award a density bonus for a development that includes more than the minimum number of affordable units required under § 320-10.3.3, if the affordable units are provided on-site. For each additional affordable unit over and above the minimum, the Board may approve three additional market-rate units, up to a maximum density bonus of 75%. Example: for a development of 10 housing units, compliance with this § 320-10.3 would require one affordable unit. The applicant who applies for the special permit under this section to provide two more additional affordable units than is required on site may request an additional six market-rate units (three per additional affordable unit), bringing the total development to 18 units (15 market rate, three affordable). The applicant waives the payment in lieu if they choose to provide the additional affordable units to receive the density bonus.

§ 320-10.4 Downtown/Park Street Form-Based Code District.

[Added 6-10-2019 STM by Art. 2]

10.4.1 Intent and Purpose.

A. The Downtown/Park Street Form-Based Code (DPSFBC) is designed to foster, reinforce and predictably deliver a high-quality Public Realm shaped by a traditional and economically sustainable New England building and street pattern. Development and redevelopment within Downtown Ayer shall be regulated by the Downtown/Park Street Form-Based Code in order to achieve the vision set forth in the Town of Ayer 2018 Master Plan, the Town of Ayer Complete Streets Policy, the Town of Ayer Open Space & Recreation Plan, and the Commonwealth of Massachusetts 10 Principles of Sustainable Development.

B. The Downtown/Park Street Form-Based Code provides the specific means to regulate and guide implementation of the civic vision for the development and redevelopment of all properties in Downtown Ayer. The Downtown/Park Street Form-Based Code (also referred to herein as the "Form-Based Code" or the "FBC") is a legal document that regulates land development by setting careful and coherent controls on building form, while employing more flexible parameters relative to building use and density. This greater emphasis on "fine-grained" functional building and street form is designed to deliver safe, healthy, walkable, attractive and appealing public spaces (squares, sidewalks, streets, downtown parks, and traditional neighborhoods) complemented with a healthy range of building uses. By prescriptively composing/regulating a high-quality Public Realm, the Form-Based Code will result in escalated pedestrian activity, social gathering, destination place encounters, improved residential development with associated daytime retail and professional office vitality, and evening social gathering. The Code shall serve to more energetically and prescriptively drive the "Economics of Place" within Downtown Ayer.

C. The Form-Based Code uses simple and clear graphic prescriptions and parameters for Building Height, Building Placement, and Building External Elements to address the basic functional necessities for forming good public space (Public Realm). Wherever there appears to be a conflict between the Downtown/Park Street Form-Based Code and other sections of the Town of Ayer Zoning Bylaw (as applied to a particular development in Downtown Ayer), the requirements specifically set forth in the Form-Based Code shall prevail.

D. For development standards not covered by the Form-Based Code, the other applicable sections in the Town of Ayer Zoning Bylaw shall be used as the requirement. Similarly, all development must comply with all relative Federal, State or local regulations and bylaws.

10.4.2 The "Transect".

A. The Rural-to-Urban Transect is a system that places all of the elements of the built environment in useful order, from most rural to most urban. The Downtown/Park Street FBC shall be founded upon the "Rural-to-Urban Transect", which delivers a well-composed Sustainable and Traditional New England town development pattern with concentrated development at the Town Center and gradually less intense development pattern moving outward from the Town Center to Ayer's suburban residential neighborhoods and outward to Ayer's limited and precious open lands, meadows, ponds, forests and farmlands. Downtown Ayer's Transect will include: T.6 Urban Core Zone "Downtown Transit - Oriented Lifestyle District"; T.5 Urban Center Zone "Downtown Traditional Center"; and a customized T.5.1 "Ayer Downtown Traditional Neighborhood".

B. The Rural-to-Urban Transect is divided into six zones based on intensity of the built environment and physical and social character. The underlying principle of the Rural-to-Urban Transect is that certain forms and elements traditionally belong and function best in certain environments.

C. For example, a "street" is more urban than a "road", a "curb" more urban than a "swale", a "brick wall" more urban than a "wooden fence", and greater density is more urban than less density; an "apartment building" belongs in an urban setting and a "farm" belongs in a more rural or working lands setting. As transect zones become more urban they also increase in complexity, density and intensity, such as building height.

D. The Rural-to-Urban Transect. Each particular town or city composes and formulates its own "Rural-to-Urban Transect"; meaning for large New England cities such as Worcester or Lowell, their most urban transect zone (T.6) would accommodate six- to ten-story buildings at the Downtown Core. However for smaller New England Towns such as Ayer or Reading, their most urban transect zone (T.6) would accommodate three- to four-story buildings at the Downtown Core.

10.4.3 The Regulating Plan. A Regulating Plan is essentially a fine-grained zoning map keyed to a set of building development standards (BDS) described below. It is detailed to the level of individual streets, blocks, public spaces, and sometimes even lots or buildings, which is a level of detail not found in conventional zoning ordinances. Each street, block, or parcel must comply with the illustrated standards in the FBC. The Regulating Plan identifies the Building Development Standards (BDS) for all building sites within the Downtown/Park Street Form-Based Code District. The goal of the (BDS) is the creation of a healthy and vital Public Realm through high-quality street-space. Deviations from the BDS can be approved only through a Special Exception process as provided in the Town of Ayer Zoning Bylaw. The Building Development Standards (BDS) set the basic parameters governing building construction, including the building envelope (in three dimensions) and certain required and/or permitted elements, such as colonnades, stoops, balconies, porches, and street walls.

10.4.4 How Buildings Form the Public Realm: Private Frontage & Public Frontage.

10.4.5 The Frontage Types (How buildings shape the Public Realm). Frontage Types describe how the front facade of a building and the privately owned land between the building and the sidewalk relate to the streetscape. Frontage Types get to the heart of what a Form-Based Code is all about: how buildings shape the Public Realm. (See: "Building Frontage Types Illustrative Sheet" - See Subsection 10.4.9B.)

10.4.6 Lot Layers/Parking Location.

A. Lots are composed of three Lot Layers: the First Lot Layer, the Second Lot Layer, and the Third Lot Layer. The Lot Layer provides a range of depth of a Lot within which certain elements (such as surface parking) are permitted.

B. *All on-site/off-street Surface Parking shall be located in the Second and Third Lot Layer of the building lot; all Under-Building Parking shall be located in the Third Lot Layer in the Downtown Ayer/Park Street Form-Based Code District. (See "Lot Layers Illustrative Sheets" - See Subsections 10.4.12, 10.4.16 and 10.4.20.)

10.4.7 How to Use this Code. FOUR BASIC STEPS: In order to understand what the Code allows on property within the Downtown/Park Street District. (A/B/C/D)

A. Review the Regulating Plan: Find your property/parcel of interest. Note the Transect Color of the property/parcel; the color is keyed to the applicable Building Development Standard for building/s fronting that street(s) in the particular Transect zone of the Downtown Ayer/Park Street District. The Legend Block at the upper right of the Regulating Plan will direct you to the required Building Development Standard.

B. Review the Appropriate Building Development Standard (BDS) page in the Code. This page outlines the basic parameters for building on the site in terms of Building Height, Building Placement, Building Fenestration & External Elements, etc.

C. Review the Building Frontage Types permitted in the selected Transect (T.6, T.5 or T.5.1).

D. Review the Ayer Zoning Bylaw Parking Requirements & the Use Table to determine the property/district Parking & Land Use requirements and permitted uses as per § 320-9.1, Off-street parking and loading (for Parking Spaces) and Article 5, Use Regulations (for Building Use) of the Town of Ayer Zoning Bylaw.

The information from the above-listed steps explains where the building will sit on the lot, the limits on its three-dimensional form, the building frontage that addresses the primary street, the parking requirements, and the range of uses. For exact dimensions specific to a particular property, consult with the Office of the Ayer Town Planner.

10.4.8 Downtown/Park Street Form-Based Code District (DPSFBC). District Purpose: The purpose of the Downtown/Park Street Form-Based Code is:

A. To lessen the escalating tax impact of costly sprawling/unsustainable development pattern for both residential & commercial taxpayers;

B. To generate the maximum amount of municipal real estate tax revenue through concentrated & sustainable land development in Downtown Ayer;

C. To preserve Ayer's remaining rural open space & limited undeveloped land resources;

D. To better accommodate and deliver accessible, safe, healthy and affordable housing stock in close proximity to various employment opportunities and multi-modal/public transportation;

E. To attract new high-quality investment/construction throughout Downtown Ayer & Depot Square Commuter Rail Station Area;

F. To effectively and more simply regulate a traditional New England building development pattern that is based upon the built environment's physical form and its relationship between the Public Realm and private building/lot space;

G. To deliver a more predictable building development process & outcome consistent with Ayer's traditional pedestrian-oriented, street & building development pattern and Complete Streets Policy & municipal Master Plan.

10.4.9 General guiding principles.

A. General principles.

(1) Buildings are aligned and close to the Street: Buildings spatially contain, define and form the space of the street; the Public Realm;

(2) The street is a coherent space, with consistent building forms on both sides: This agreement/relationship of buildings facing across the street-space contributes to a clear public space and street-space identity;

(3) Buildings address the street-space with active fronts: This addressing of the street-space contributes to vital and safe public space;

(4) Public spaces are physically defined by buildings, walls, or fences: Land should be clearly public or private, in public view and under surveillance or private and protected;

(5) Buildings are designed (composed) for towns and cities: Rather than being simply pushed closer together, as in many suburban developments, buildings must be designed (composed) for a traditional, compact and human-scale New England urban situation within towns and cities. Views are directed to the street-space and interior gardens/courtyards, not into neighboring lots;

(6) Vehicle storage/parking (other than on-street parking), waste disposal units and mechanical equipment are kept away from the street-space.

B. Specific to Building Frontage Types (by Transect).

		Section		Plan
		Lot ► Private ► Frontage	◄ Row ◄ Public Frontage	Lot ► Private ► Frontage	◄ Row ◄ Public Frontage
(1)	Common Yard: a planted Frontage wherein the Facade is set back substantially from the Frontage Line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The deep Setback provides a buffer from the higher speed Thoroughfares.					T.5.1
(2)	Porch and Fence: a planted Frontage wherein the Facade is set back from the Frontage Line with an attached porch permitted to Encroach. A fence at the Frontage Line maintains street spatial definition. Porches shall be no less than 8 feet deep.					T.5.1
(3)	Terrace or Lightwell: a Frontage wherein the Facade is set back from the Frontage line by an elevated terrace or a sunken Lightwell. This type buffers Residential use from urban Sidewalks and removes the private yard from public Encroachment. Terraces are suitable for conversion to outdoor cafes. Synonym: "Dooryard."					T.5.1 T.5
(4)	Forecourt: a Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. The Forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other Frontage types. Large trees within the Forecourts may overhang the Sidewalks.					T.5 T.6
(5)	Stoop: a Frontage wherein the Facade is aligned close to the frontage line with the first Story elevated from the Sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor Residential use.					T.5.1 T.5
(6)	Shopfront: a Frontage wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. This type is conventional for Retail use. It has a substantial glazing on the Sidewalk level and an awning that may overlap the Sidewalk to within 2 feet of the curb. Synonym: "Retail Frontage."					T.5 T.6
(7)	Gallery: a Frontage wherein the Facade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the Sidewalk. This type is conventional for Retail use. The Gallery shall be no less than 10 feet wide and should overlap the Sidewalk to within 2 feet of the Curb.					T.5 T.6
(8)	Arcade: a colonnade supporting habitable space that overlaps the Sidewalk, while the Facade at Sidewalk level remains at or behind the Frontage Line. This type is conventional for Retail use. The Arcade shall be no less than 12 feet wide and should overlap the Sidewalk to within 2 feet of the Curb. See Table 8.					T.5 T.6

	Porch and Fence T.5.1
	Forecourt T.5 and T.6
	Stoop T.5.1, T.5 and T.6
	Shopfront T.5 and T.6
	Gallery T.5 and T.6
	Arcade T.5 and T.6

10.4.10 Vision, Intent and Purpose: Downtown Transit-Oriented Lifestyle District, "The Main Town Square" (T.6). The Downtown Transit-Oriented Lifestyle District zone centered at the "Main Town Square" is characterized by large-sized buildings that contain, frame and accommodate the Downtown Ayer Commuter Rail Station Area as a lively compact urban environment generating an active street-life, a vibrant daytime professional class scene, and vital eighteen-hour residential economy; presenting an appealing nightlife social gathering destination place. This development form generates social and economic interplay between the Public Realm of the Downtown Commuter Rail Station, the busy street and sidewalk of the Main Square, and the private realm of high-quality shopfronts, forecourts with outdoor cafes, Concerts on the Square, rooftop cafes, and gallery/arcade building frontages. The longer building widths form a more solid and well-framed street wall pattern with large proportioned street-level display windows, providing for more desirable walking & impulse-based retail experiences and spontaneous social encounter.

A. Key Features:

(1) Largest-scale buildings & lots in Downtown Ayer;

(2) Buildings serve as architectural containers/framers of the Main & Park Street Square, the new Depot Square Park, and the Downtown Ayer Commuter Rail Station;

(3) Vibrant and active street-life interaction between Public and Private Realms;

(4) Large Sidewalk-Level Display Windows;

(5) Town's Primary Social Destination Place/Public Concerts in "The Square";

(6) Full Accommodation of Sidewalk & Building Forecourt Cafes;

(7) Multi-Modal Transportation Lifestyle Amenities;

(8) Balconies with Cafes & Roof Gardens;

(9) On-Street Parking & Under-Building Parking;

(10) Public Sculpture, Public Art & Sidewalk Shade Trees.

B. Building Entries:

(1) Primary Entry Door is required along ground-story facade facing (the) Primary Street.

(2) Front Facade Wall: Blank lengths of building wall exceeding 16 linear feet are prohibited.

C. External Elements T-6.

(1) Required Street Wall/Building Occupation Line: A Street Wall a minimum of four feet and maximum of five feet shall be required along the building line frontage that is not otherwise occupied by the principal building on the lot. The height of the Street Wall shall be measured from the adjacent public sidewalk or from the adjacent ground elevation once construction is complete.

(2) Street Wall/Wall Opening: A vehicle entryway, as part of a building street wall, shall be a maximum width of 10 feet (one-way) and 18 feet (two-way); and a pedestrian entryway shall be a maximum width of six feet.

(3) Building Projections: No part of any building, except overhanging eaves, awnings, balconies, bay windows, stoops and other architectural features, shall encroach beyond the minimum front setback line.

(4) Encroachments: Stoops may encroach upon the front setback line by the following distances but not encroach in the street right-of-way. (See 10.4.13, Subsection B, Encroachments.)

(5) Garages: Detached garages shall be located in the Third Layer of the Lot. (See 10.4.12, Subsection C.)

(6) Driveways: Driveways are encouraged to be on the secondary street frontage. Driveways shall be paved and a minimum of 10 feet wide and a maximum of 18 feet wide.

(7) Parking: Commercial Building. All Surface Parking shall be located in the Second and Third Lot Layer of the parcel. All Under-Building Parking shall be located in the Third Lot Layer. (See 10.4.12, Subsection C.) Screening and/or Street Wall is required for surface parking areas visible from the street.

D. Accessory.

(1) Structures: Accessory structures shall be located in the Third Lot Layer and five feet from either side or rear property line.

(2) Accessory Building Height Maximum: In the (T.6) zone Accessory Buildings shall not exceed three stories.

(3) Landscaping: Landscaping is encouraged but shall not extend into any street sidewalk or travel way. Street trees are encouraged.

(4) Foundation Planting: Foundation plantings are encouraged but should be pruned and maintained with enough clearance from the building facade to encourage air circulation.

10.4.11 BUILDING DEVELOPMENT STANDARDS.

A. BUILDING PLACEMENT - PRINCIPAL BUILDING:
Front Setback/Principal Frontage: 0 feet Min., 10 feet Max.
Front Setback, Secondary Frontage: 0 feet Min., 10 feet Max.
Side Setback: 0 feet Min.
Rear Setback: 0 feet Min.
Building & Lot Principal Use (See Town of Ayer Zoning Bylaw § 320-5.2, Table of Use Regulations.)

B. LOT OCCUPATION:
Lot Width: 24 feet Min., 240 feet Max.
Lot Coverage: 90% Max.
Frontage Build-Out: 90% along front setback
C. BUILDING FORM - PRINCIPAL BUILDING:
Building Story Height: 3-story Min., 4-story Max.
Building Width: 16 feet Min., 240 feet Max.
Building Front Facade: Window Proportions (Glazing)	Ground Story: 60% Min., 90% Max. Upper Stories: 40% Min., 60% Max.

10.4.12 PARKING.

A. LOCATION.

Second and/or Third Lot Layer

Principal Building Setback + 20 feet

B. REQUIRED SPACES.

Residential	See § 300-9.1.2A.
Business	See § 300-9.1.2B.
Industrial	See § 300-9.1.2C.
Mixed Uses	See § 300-9.1.2D.
Special Downtown	See § 300-9.1.4A, B, C.

C. OFF-STREET PARKING DESIGN STANDARDS.

Dimensional	See § 300-9.1.5A.
Driveways/Interior	See § 300-9.1.5B.
Location/Design	See § 300-9.1.5C.
Shared parking	See § 300-9.1.5D.

D. See Ayer Zoning Bylaw Article 9, General Regulations.

10.4.13 PRIVATE FRONTAGES & ENCROACHMENTS.

A. PRIVATE FRONTAGE TYPES.

Storefront	Permitted	See Table
Forecourt	Permitted	See Table
Gallery	Permitted	See Table
Arcade	Permitted	See Table

B. ENCROACHMENT OF BUILDING ELEMENTS. Enclosed landings, stairs, stoops, bays, ramps and similar projections may encroach upon the indicated setbacks by the following distances:

Front Setback, Principal Frontage		8 feet Max.
Front Setback, Secondary Frontage		8 feet Max.
Rear Setback		5 feet Max.

10.4.14 Vision, Intent and Purpose. Downtown Traditional Center (T.5). The Downtown Traditional Center zone is characterized by medium- to large-scale buildings in a walkable, compact urban environment that accommodates a "park-once, walk-and-do-many-things" development pattern. The (T.5) Downtown Traditional Center is a less intense building development form than the (T.6) Downtown Transit-Oriented Lifestyle District. This building pattern will generate greater cultural activity, socioeconomic stimulation and enhanced sidewalk interaction. It will also serve to "calm" vehicular traffic along Downtown's human-scale streets, contribute to "eyes-on-the street" for improved personal safety/security, encourage a more healthy "walking-lifestyle", and will attract new high-quality retail, cafes and the enjoyment of new public art and spontaneous social encounter.

A. Key Features.

(1) The District reinforces, contributes, up-values and extends the existing historic/traditional building and street pattern of Main Street in Downtown Ayer along Park Street;

(2) Medium-scale buildings & lots as relates to (T.6);

(3) Traditional historic building form uplifts and ennobles the street (Public Realm) by serving as a well-composed and unified architectural definer of Main Street, Park Street, and Downtown Ayer's compact side streets;

(4) Safe, healthy, human-scale, multi-modal transportation "Complete Streets" design and destination experience;

(5) Concentration and connectivity of many retail & restaurant storefronts along the street rebuilds the walkable "sidewalk shopper-storefront merchant" economic fabric & vibrancy of the Downtown Public Realm;

(6) Preservation of Downtown Ayer's existing residential, commercial & mixed-use historic buildings and building fabric;

(7) Variety of traditional New England architectural styles;

(8) Commercial on street level with Residential Dwellings in upper stories;

(9) Abundant on-street parking spaces;

(10) Sidewalk street trees & Pedestrian Wayfinding signage directional experience/s.

B. Building Entries:

(1) Primary Entry Door is required along ground-story facade facing (the) Primary Street.

(2) Front Facade Wall: Blank lengths of building wall exceeding 12 linear feet are prohibited.

C. External Elements T.5:

(1) Required Street Wall/Building Occupation Line: A Street Wall a minimum of four feet and maximum of five feet shall be required along the building line frontage that is not otherwise occupied by the principal building on the lot. The height of the Street Wall shall be measured from the adjacent public sidewalk or from the adjacent ground elevation once construction is complete.

(2) Street Wall/Wall Opening: A vehicle entryway, as part of a street wall, shall be a maximum width of 10 feet (one-way) and 18 feet (two-way); and a pedestrian entryway shall be a maximum width of six feet.

(3) Building Projections: No part of any building, except overhanging eaves, awnings, balconies, bay windows, stoops and other architectural features, shall encroach beyond the minimum front setback line.

(4) Encroachments: Front Stoops may encroach upon the front setback line, but not encroach in the street right-of-way. (See 10.4.17, Subsection B, Encroachments.)

(5) Garages: Detached garages shall be located in the "Third Layer" of the Lot. (See 10.4.16, Subsection A, Location.)

(6) Driveways: Driveways are encouraged to be on the secondary street frontage. Driveways shall be paved and a minimum of 10 feet wide and a maximum of 18 feet wide.

(7) Parking:

(a) Residential: Vehicle parking areas shall be located only on driveways or designated parking areas and shall not extend into the street right-of-way or sidewalk.

(b) Commercial: All Surface Parking shall be located in the Second and Third Lot Layer of the parcel. Under-Building Parking shall be located in the Third Lot Layer of the parcel. (See 10.4.16, Subsection A, Location.) Screening and/or Street Wall is required for parking areas visible from the street.

D. Accessory.

(1) Structures: Accessory structures shall be located in the Third Lot Layer and five feet from either side or rear property line.

(2) Accessory Building Height Maximum: In the (T.5) zone Accessory Buildings shall not exceed two stories.

(3) Landscaping: Landscaping is encouraged but shall not extend into any street sidewalk or travel way. Street trees are encouraged.

(4) Foundation Planting: Foundation plantings are encouraged but should be pruned and maintained with enough clearance from the building facade to encourage air circulation.

10.4.15 BUILDING DEVELOPMENT STANDARDS.

A. BUILDING PLACEMENT - PRINCIPAL BUILDING.
Front Setback/Primary Frontage: 0 feet Min., 10 feet Max.
Front Setback/Secondary Frontage 0 feet Min., 10 feet Max.
Side Setback: 0 feet Min.
Rear Setback: 0 feet Min.
Building & Lot Principal Use: See Town of Ayer Zoning Bylaw § 320-5.2, Table of Use Regulations.

B. LOT OCCUPATION:
Lot Width: 24 feet Min., 160 feet Max.
Lot Coverage: 90% Max.
Frontage Build-Out: 75% along front setback
C. BUILDING FORM - PRINCIPAL BUILDING:
Building Story Height: 2-story Min., 3-story Max.
Building Width: 14 feet Min., 160 feet Max.
Building Facade: Window Proportions (Glazing)	Ground Story: 60% Min., 90% Max. Upper Stories: 40% Min., 60% Max.

10.4.16 PARKING.

A. LOCATION:

Second and/or Third Lot Layer

Principal Building Setback + 20 feet

B. REQUIRED SPACES:

Residential	See § 320-9.1.2A.
Business	See § 320-9.1.2B.
Industrial	See § 320-9.1.2C.
Mixed Uses	See § 320-9.1.2D.
Special Downtown	See § 320-9.1.4A, B, C.

C. OFF-STREET PARKING DESIGN STANDARDS:

Dimensional	See § 320-9.1.5A.
Driveways/Interior	See § 320-9.1.5B.
Location/Design	See § 320-9.1.5C.
Shared Parking	See § 320-9.1.5D.

D. See Ayer Zoning Bylaw Article 9, General Regulations.

10.4.17 PRIVATE FRONTAGES & ENCROACHMENTS.

A. PRIVATE FRONTAGE TYPES:

Storefront	Permitted	See Table
Forecourt	Permitted	See Table
Gallery	Permitted	See Table
Arcade	Permitted	See Table

B. ENCROACHMENT OF BUILDING ELEMENTS. Enclosed landings, stairs, stoops, bays, ramps and similar projections may encroach upon the indicated setbacks by the following distances:

Front Setback, Principal Frontage		8 feet max.
Front Setback, Secondary Frontage		8 feet max.
Rear Setback		5 feet max.

10.4.18 Vision, Intent and Purpose. Downtown Traditional Neighborhood (T.5.1). The Downtown Traditional Neighborhood Zone is characterized by medium-scale residential and/or mixed-use buildings in a walkable, compact urban environment. The Downtown Traditional Neighborhood is a less intense building development form than the Downtown Traditional Center District (T.5), in terms of density, intensity and use; it serves as the transitional-form block between the commercial Downtown Main Street and the exclusively residential historic neighborhoods in Ayer's Historic Hill District Neighborhood. This building pattern will generate beneficial neighborhood street interaction, permanence of place, calm neighborhood traffic, higher property values, enhanced quality of life, and safe walkable connectivity to other parts of Downtown Ayer.

A. Key Features.

(1) The District reinforces, contributes and up-values the existing historic/traditional building and street pattern of Downtown Ayer's historic residential neighborhoods;

(2) Medium-scale Residential Buildings in Downtown Ayer;

(3) Preservation of existing historic residential buildings & street fabric;

(4) Calm and "Complete Streets";

(5) Traditional residential front porches & front stoops for neighborhood interaction, safety & social cohesion;

(6) Variety of New England residential styles;

(7) Neighborhood on-street parking;

(8) Neighborhood sidewalk street trees.

B. Building Entries:

(1) Primary Entry Door is required along ground-story facade facing a primary street.

(2) Ground-Story Finished Floor Elevation:

(a) The ground story shall be a minimum of 18 inches above the front yard elevation (average grade).

(b) Eighteen-inch Minimum.

(3) Front Facade Wall: Blank lengths of building wall exceeding 12 linear feet are prohibited.

C. External Elements T.5.1.

(1) Front Yard Fence: A front yard fence a minimum of two feet and a maximum of four feet in height is encouraged to maintain the spatial edge of the neighborhood street. Chain link, vinyl, split-rail or barbed wire as a fence material is not permitted.

(2) Street Wall/Wall Opening: A vehicle entryway, as part of a street wall, shall be a maximum width of 10 feet (one-way) & 18 feet (two-way); and a pedestrian entryway shall be a maximum width of six feet.

(3) Building Projections: No part of any building, except overhanging eaves, awnings, balconies, bay windows, stoops and other architectural features shall encroach beyond the minimum front setback line.

(4) Porch & Stoop Encroachments: Porches & Stoops may encroach upon the minimum front setback line by the following distances, but shall not encroach into the street right-of-way:

(a) Front Setback, Principal Frontage is five feet maximum;

(b) Front Setback, Secondary Frontage is five feet maximum.

(5) Garages: Detached garages shall be located in the Third Layer of the Lot. (See 10.4.20, Subsection C.)

(6) Driveways: Driveways are encouraged to be on the secondary street frontage. Driveways shall be paved and a minimum of nine feet wide and a maximum of 18 feet wide.

(7) Parking:

(a) Residential: Vehicle parking areas shall be located only on driveways or designated parking areas and shall not extend into the street right-of-way or sidewalk.

(b) Commercial: All parking shall be located in the Second and Third Lot Layer of the parcel. (See 10.4.20, Subsection A, Location.) Screening and/or Street Wall is required for parking areas visible from the street.

D. Accessory.

(1) Structures: Accessory structures shall be located in the Third Lot Layer and five feet from either side or rear property line.

(2) Landscaping: Landscaping is encouraged but shall not extend into any street sidewalk or travel way. Street trees are encouraged.

(3) Building Foundation Planting/s: Building Foundation plantings are encouraged but should be pruned and maintained with enough clearance from the building facade to encourage air circulation.

10.4.19 BUILDING DEVELOPMENT STANDARDS.

A. BUILDING PLACEMENT - PRINCIPAL BUILDING:
Front Setback/Primary Frontage: 5 feet Min., 25 feet Max.
Front Setback/Secondary Frontage: 5 feet Min., 25 feet Max.
Side Setback: 10 feet Min.
Rear Setback: 25 feet Min.
Building & Lot Principal Use See Town of Ayer Zoning Bylaw § 320-5.2, Table of Use Regulations.

B. LOT OCCUPATION:
Lot Width: 24 feet Min., 120 feet Max.
Lot Coverage: 70% Max.
Frontage Build-Out: 40% along front setback
C. BUILDING FORM - PRINCIPAL BUILDING:
Building Story Height: 2-story Min., 3-story Max.
Building Width: 14 feet Min., 96 feet Max.
Building Front Facade: 40% Min., 60% Max. Window Proportions (Glazing)

10.4.20 PARKING.

A. LOCATION:

Second and/or Third Lot Layer

Principal Building Setback + 20 feet

B. REQUIRED SPACES:

Residential	See § 320-9.1.2A.
Business	See § 320-9.1.2B.
Industrial	See § 320-9.1.2C.
Mixed Uses	See § 320-9.1.2D.
Special Downtown	See § 320-9.1.4A, B, C.

C. OFF-STREET PARKING DESIGN STANDARDS:

Dimensional	See § 320-9.1.5A.
Driveways/Interior	See § 320-9.1.5B.
Location/Design	See § 320-9.1.5C.
Shared Parking	See § 320-9.1.5D.

D. See Ayer Zoning Bylaw Article 9, General Regulations.

10.4.21 PRIVATE FRONTAGES & ENCROACHMENTS.

A. PRIVATE FRONTAGE TYPES.

Common Yard	Permitted	See Table
Porch Fence Yard	Permitted	See Table
Stoop	Permitted	See Table
Common Entry	Permitted	See Table

B. ENCROACHMENT OF BUILDING ELEMENTS. Enclosed landings, stairs, stoops, bays, ramps and similar projections may encroach upon the indicated setbacks by the following distances:

Front Setback, Principal Frontage		8 feet max.
Front Setback, Secondary Frontage		8 feet max.
Rear Setback		10 feet max.

§ 320-10.5 West Ayer Village Form-Based Code.

[Added 10-28-2019 STM by Art. 9]

10.5.1 Intent & Purpose.

A. The West Ayer Village Form-Based Code (WAVFBC) is designed to foster, reinforce and predictably deliver a high-quality Public Realm, with moderate-density commercial, residential, mixed-use development designed to conveniently access the Downtown Ayer Commuter Rail Station through various multi-modal options. The District's built character will develop in accordance with a traditional and economically sustainable New England building and street pattern. Development and redevelopment along the West Main Street Corridor, which serves as the "connective multi-modal corridor" between the Community of Devens, the Downtown Ayer MBTA Commuter Rail Station, the Nashua River Rail Trail, and the high-density residential district of Downtown Ayer shall be regulated by the West Ayer Village Form-Based Code in order to achieve the vision set forth in the Town of Ayer 2018 Master Plan, Town of Ayer Complete Streets Policy, the Town of Ayer Open Space and Recreation Plan, the newly adopted Downtown Ayer/Park Street Form-Based Code (6/10/2019),[1] and the Commonwealth of Massachusetts 10 Principles of Sustainable Development.

[1] Editor's Note: See § 320-10.4.

B. The West Ayer Village Form-Based Code provides the specific means to regulate and guide implementation of the civic vision for the development and redevelopment of all properties along the West Ayer Village District of West Main Street. The West Ayer Village Form-Based Code (also referred to herein as the "Form-Based Code" or the "WAVFBC") is a legal document that regulates land development by setting careful and coherent controls on building form, while employing more flexible parameters relative to building use and density. This greater emphasis on "fine-grained" functional building and street form is designed to deliver safe, healthy, walkable, attractive and appealing public spaces (squares, sidewalks, streets, downtown parks, and traditional neighborhoods) complemented with a healthy range of building uses. By prescriptively composing/regulating a high-quality Public Realm the Form-Based Code will result in escalated pedestrian activity, social gathering, destination place encounters, improved residential development with associated daytime retail, restaurant and professional office vitality, and evening social gathering. The Code shall serve to more energetically and prescriptively drive the "Economics of Place" along the West Ayer Village District of West Main Street.

C. The Form-Based Code uses simple and clear graphic prescriptions and parameters for Building Height, Building Placement, and Building External Elements to address the basic functional necessities for forming good public space (Public Realm). Wherever there appears to be a conflict between the West Ayer Village Form-Based Code and other sections of the Town of Ayer Zoning Bylaw (as applied to a particular development along the West Ayer Village District of West Main Street), the requirements specifically set forth in the Form-Based Code shall prevail.

D. For development standards not covered by the Form-Based Code, the other applicable sections in the Town of Ayer Zoning Bylaw shall be used as the requirement. Similarly, all development must comply with all relative Federal, State or local regulations and bylaws.

10.5.2 The "Transect."

A. The Rural-to-Urban Transect is a system that places all the elements of the built environment in a New England traditional and sustainable order, from most rural to most urban. The West Ayer Village FBC shall be founded upon the "Rural-to-Urban Transect" which delivers a well-composed and understandable land development pattern. The Code shall deliver concentrated mixed-use development at the West Ayer Village core and a gradually less intense development pattern moving outward from the West Ayer Village District Core eastward towards the West Main Street Railroad Overpass Bridge. The West Ayer Village Sub-Transect will meet and integrate into the new Downtown Ayer/Commuter Rail Station/Park Street Transect District. The West Ayer Village Sub-Transect includes:

(1) T.5 "Village Core".

(2) T.5.1 "Village Street".

B. The Rural-to-Urban Transect is divided into six zones based on intensity of the built environment and physical and social character. The underlying principle of the Rural-to-Urban Transect is that certain forms and elements traditionally belong and function best in certain environments.

C. For example, a "street" is more urban than a "road", a "curb" more urban than a "swale", a "brick wall" more urban than a "wooden fence", and greater density is more urban than less density; an "apartment building" belongs in an urban setting and a "farm" belongs in a more rural or working lands setting. As transect zones become more urban they also increase in complexity, density and intensity, such as building height.

D. The "Rural-to-Urban Transect". Each particular town, or city, composes and formulates its own "Rural-to-Urban Transect"; meaning for large New England cities such as Worcester or Lowell, their most urban transect zone (T.6) would accommodate six- to ten-story buildings at the Downtown Core. However, for smaller New England Towns such as Ayer or Reading, their most urban transect zone (T.6) would accommodate three- to four-story buildings at the Downtown Core.

10.5.3 The Regulating Plan. A Regulating Plan is essentially a fine-grained zoning map keyed to a set of Building Development Standards (BDS) described below; detailed to the level of individual streets, blocks, public spaces, and sometimes even lots or buildings, which is a level of detail not found in conventional zoning ordinances. Each street, block, or parcel must comply with the FBC illustrated standards. The Regulating Plan identifies the Building Development Standards (BDS) for all building sites within the West Ayer Village Form-Based Code District. The goal of the BDS is the creation of a healthy and vital Public Realm. Deviations from the BDS can be approved only through a Special Permit process as provided in the Town of Ayer Zoning Bylaw. The Building Development Standards (BDS) set the basic parameters governing building construction, including the building envelope (in three dimensions) and certain required and/or permitted elements, such as colonnades, stoops, balconies, porches, and street walls.

10.5.4 How Buildings Form the Public Realm: Private Frontage & Public Frontage.

10.5.5 The Frontage Types (How buildings shape the Public Realm). Frontage Types describe how the front facade of a building and the privately owned land between the building and the sidewalk relate to the streetscape. Frontage Types get to the heart of what a Form-Based Code is all about: How buildings shape the Public Realm. (See: "Building Frontage Types Illustrative Sheet" - See Subsection 10.5.9B.)

10.5.6 Lot Layers/Parking Location.

A. Lots are composed of three Lot Layers: the First Lot Layer, the Second Lot Layer, and the Third Lot Layer. The Lot Layer provides a range of depth of a lot within which certain elements (such as surface parking) are permitted.

B. *All on-site/off-street Surface Parking shall be located in the Second and Third Lot Layer of the building lot; all Under-Building Parking shall be located in the Third Lot Layer in the Mitchellville/West Main Street Form-Based Code District. (See "Lot Layers Illustrative Sheets" - See Subsections 10.5.12, 10.5.16 and 10.5.19.)

10.5.7 How to Use this Code. Wherever a word is in italic letters format, consult the Definitions for the specific meaning. In order to understand what the Code allows on property within the West Ayer Village District there are four basic steps:

A. Review the Regulating Plan: Find your property/parcel of interest. Note the Transect Color of the property/parcel; the color is keyed to the applicable Building Development Standard for building/s fronting that street(s) in the particular Transect zone of the West Ayer Village District. The Legend Block at the upper right of the Regulating Plan will direct you to the required Building Development Standard.

B. Review the appropriate Building Development Standard (BDS) page in the Code. This page outlines the basic parameters for building on the site in terms of Building Height, Building Placement, Building Fenestration & External Elements, etc.

C. Review the Building Frontage Types permitted in the selected Transect (T.5 or T.5.1).

D. Review the Ayer Zoning Bylaw Parking Requirements & the Use Table to determine the property/district Parking & Land Use requirements and permitted uses as per § 320-9.1, Off-Street Parking and Loading (for Parking Spaces) and Article 5, Use Regulations (for Building Use), of the Town of Ayer Zoning Bylaw.

The information from the above-listed steps explains where the building will sit on the lot, the limits on its three-dimensional form, the building frontage that addresses the primary street, the parking requirements, and the range of uses. For exact dimensions specific to a particular property, consult with the Office of the Ayer Town Planner.

10.5.8 West Ayer Village Form-Based Code District (WAVFBC). District purpose: The purpose of the West Ayer Village Form-Based Code is:

A. To incrementally transform Ayer's outer West Main Street Corridor into a safe, healthy, attractive, and appealing "Great Street" for residents, customers, clients, visitors and new investors;

B. To effectively and more simply regulate a traditional New England building development pattern that is based upon the built environment's physical form and its relationship between the Public Realm and private building/lot space;

C. To deliver a more predictable building development process & outcome consistent with Ayer's traditional pedestrian-oriented, street & building development pattern & Complete Streets Policy & municipal Master Plan;

D. To facilitate the construction of new moderate-density commercial development complemented by multifamily/single-family residential building development along West Main Street in convenient proximity to the Downtown Ayer MBTA Commuter Rail Station by means of well-designed multi-modal transportation choices/options;

E. To generate the maximum amount of municipal real estate tax revenue through concentrated & sustainable land development in the West Ayer Village District;

F. To preserve Ayer's & Devens' remaining rural open space & limited undeveloped land resources;

G. To facilitate and provide more housing stock, for all income and household size residents, in order to enhance and accommodate greater job creation and corporate investment/expansion within the Town of Ayer;

H. To deliver greater commercial vitality & job creation to the Town of Ayer and its surrounding communities.

10.5.9 General Guiding Principles.

A. General principles.

(1) Buildings are aligned and may be closer to the Street: Buildings and/or front-ground low Fences/Walls spatially contain, define and form the space of the street; the Public Realm;

(2) The Street is a coherent space, with consistent building forms on both sides: This agreement/relationship of buildings facing across the street-space contributes to a clear public space and street-space identity;

(3) Buildings address the street-space with active fronts: This addressing of the street-space contributes to vital and safe public space;

(4) Public spaces are physically defined by buildings, walls, or fences: Land should be clearly public or private, in public view and under surveillance or private and protected;

(5) Buildings are designed (composed) for towns and cities: Rather than being simply pushed closer together, as in many suburban developments, buildings must be designed (composed) for a traditional, compact and human-scale New England urban situation within towns and cities. Views are directed to the street-space and interior gardens/courtyards, not into neighboring lots;

(6) Vehicle storage/parking (other than on-street parking), waste disposal units and mechanical equipment are kept away from the street-space.

B. Specific to Building Frontage Types (by Transect).

		Section		Plan
		Lot ► Private ► Frontage	◄ Row ◄ Public Frontage	Lot ► Private ► Frontage	◄ Row ◄ Public Frontage
(1)	Common Yard: a planted Frontage wherein the Facade is set back substantially from the Frontage Line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The deep Setback provides a buffer from the higher speed Thoroughfares.					T.5.1
(2)	Porch & Fence: a planted Frontage wherein the Facade is set back from the Frontage Line with an attached porch permitted to Encroach. A fence at the Frontage Line maintains street spatial definition. Porches shall be no less than 8 feet deep.					T.5.1
(3)	Terrace or Lightwell: a Frontage wherein the Facade is set back from the Frontage line by an elevated terrace or a sunken Lightwell. This type buffers Residential use from urban Sidewalks and removes the private yard from public Encroachment. Terraces are suitable for conversion to outdoor cafes. Synonym: "Dooryard."					T.5.1 T.5
(4)	Forecourt: a Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. The Forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other Frontage types. Large trees within the forecourts may overhang the Sidewalks.					T.5 T.6
(5)	Stoop: a Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor Residential use.					T.5.1 T.5
(6)	Shopfront: a Frontage wherein the Facade is aligned close to the frontage line with the building entrance at Sidewalk grade. This type is conventional for Retail use. It has a substantial glazing on the Sidewalk level and an awning that may overlap the Sidewalk to within 2 feet of the curb. Synonym: "Retail Frontage."					T.5 T.6
(7)	Gallery: a Frontage wherein the Facade is aligned close to the Frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the Sidewalk. This type is conventional for Retail use. The Gallery shall be no less than 10 feet wide and should overlap the Sidewalk to within 2 feet of the Curb.					T.5 T.6
(8)	Arcade: a colonnade supporting habitable space that overlaps the Sidewalk, while the Facade at Sidewalk level remains at or behind the Frontage Line. This type is conventional for Retail use. The Arcade shall be no less than 12 feet wide and should overlap the Sidewalk to within 2 feet of the Curb. See Table 8.					T.5 T.6

	Porch and Fence T.5.1
	Forecourt T.5 and T.6
	Stoop T.5.1, T.5 and T.6
	Shopfront T.5 and T.6
	Gallery T.5 and T.6
	Arcade T.5 and T.6

10.5.10 (Reserved)

10.5.11 (Reserved)

10.5.12 (Reserved)

10.5.13 (Reserved)

10.5.14 Vision, Intent and Purpose: Village Core (T.5). The Village Core Zone is characterized by medium- to large-scale mixed-use buildings in a walkable, bikeable, connective and compact urban environment that accommodates high-quality Commuter Rail Station Bus Shuttle (Devens Regional Shuttle) Waiting Stations, Bicycle-Share Stations, and a "park-once, walk-and-do-many-things" development pattern. The (T.5) mixed-use and multistory building pattern will provide more residential/housing opportunities for all income levels, generate greater socioeconomic stimulation and enhanced sidewalk interaction and ease of access to the Downtown Ayer MBTA Commuter Rail Station (0.75-mile proximity). The new district building & street form will also serve to "calm" vehicular traffic along the West Main Street corridor, provide for a more human-scale street, contribute to "eyes-on-the street" for improved personal safety/security, encourage a more healthy "walking/biking/public transportation-lifestyle", and will attract new high-quality retail, cafes, service enterprise, and spontaneous social encounter.

A. Key Features.

(1) The District will incrementally transform a current autocentric, disconnected, unwalkable and harsh corridor into a more up-valued and livable traditional building and street pattern more consistent with a Traditional Village Main Street;

(2) Introduction of a new five-foot-wide sidewalk infrastructure network at West Ayer Village along the West Main Street Corridor;

(3) Medium- to Large-scale buildings & lots;

(4) Traditional historic building form uplifts and ennobles the street (Public Realm) by serving as a well-composed and unified architectural definer of the future West Main Street at West Ayer Village;

(5) Safe, healthy, human-scale, multi-modal transportation "Complete Streets" design and destination experience;

(6) Concentration and connectivity of many retail & restaurant storefronts along the street level (with residential units in upper stories) builds the walkable "sidewalk shopper-storefront merchant" economic fabric and vibrancy of a traditional New England Public Realm;

(7) Well-designed Bike-Share Stations & Bike Lanes connecting with Downtown Ayer MBTA Station;

(8) Commercial uses on street level with Residential Dwellings units in upper stories;

(9) Transformative introduction of abundant on-street parking spaces;

(10) Sidewalk street trees and Pedestrian Wayfinding signage directional experience/s.

B. Building Entries:

(1) Primary Entry Door is required along ground-story facade facing (the) Primary Street.

(2) Front Facade Wall: Blank lengths of building wall exceeding 12 linear feet are prohibited.

C. External Elements T.5.

(1) Building Projections: No part of any building, except overhanging eaves, awnings, balconies, bay windows, stoops and other architectural features, shall encroach beyond the minimum front setback line.

(2) Encroachments: Front Stoops may encroach upon the front setback line, but not encroach in the street right-of-way. (See 10.5.17, Subsection B, Encroachments.)

(3) Garages: Detached garages shall be located in the Third Layer of the lot. (See 10.5.16, Subsection A, Location.)

(4) Driveways: Driveways shall be paved and a minimum of 10 feet wide and a maximum of 18 feet wide.

(5) Parking:

(a) Residential: Vehicle parking areas shall be located only on driveways or designated parking areas and shall not extend into the street right-of-way or sidewalk.

(b) Commercial: All Surface Parking shall be located in the Second and Third Lot Layer of the parcel. Under-Building Parking shall be located in the Third Lot Layer of the parcel. (See 10.5.16, Subsection A, Location.) Screening and/or Street Wall is required for parking areas visible from the street.

D. Accessory.

(1) Structures: Accessory structures shall be located in the Third Lot Layer and 10 feet from either side or rear property line.

(2) Accessory Building Height Maximum: In the (T.5) zone Accessory Buildings shall not exceed two stories.

(3) Landscaping: Landscaping is encouraged but shall not extend into any street sidewalk or travel way. Street trees are encouraged.

(4) Foundation Planting: Foundation plantings are encouraged but should be pruned and maintained with enough clearance from the building facade to encourage air circulation.

10.5.15 Building Development Standards (BDS).

A. BUILDING PLACEMENT - PRINCIPAL BUILDING:
Front Setback (Primary Front)
South Side of West Main Street 10 feet min., 30 feet max.
North Side of West Main Street 10 feet min., 20 feet max.
Front Setback (Secondary Front)
South Side of West Main Street 10 feet min., 30 feet max.
North Side of West Main Street 10 feet min., 20 feet max.
Side Setback: 10 feet min.
Rear Setback: 25 feet min.
Building & Lot Principal Use: See Ayer Zoning Bylaw § 320-5.2, Table of Use Regulations.

B. BUILDING/LOT OCCUPATION:
Lot Width: 60 feet min., 260 feet max.
Building on Lot Coverage: 60% max.
Frontage Build-Out: 75% along front setback (min.)
C. BUILDING FORM - PRINCIPAL BUILDING:
Building Height: 2-story min., 3-story max.
Building Facade Window Proportions (Glazing)	Ground Story: 60% min., 90% max. Upper Stories: 40% min., 60% max.

10.5.16 PARKING.

A. LOCATION:

Second and/or Third Lot Layer

Principal Building Setback + 20 feet

B. REQUIRED SPACES:

Residential	See § 320-9.1.2A.
Business	See § 320-9.1.2B.
Industrial	See § 320-9.1.2C.
Mixed Uses	See § 320-9.1.2D.
Special Downtown	See § 320-9.1.4A, B, C.

C. Off-STREET PARKING DESIGN STANDARDS:

Dimensional	See § 320-9.1.5A.
Driveways/Interior	See § 320-9.1.5B.
Location/Design	See § 320-9.1.5C.
Shared Parking	See § 320-9.1.5D.

D. See Ayer Zoning Bylaw Article 9, General Regulations.

10.5.17 PRIVATE FRONTAGES & ENCROACHMENTS.

A. PRIVATE FRONTAGE TYPES:

Storefront	Permitted	See Table
Forecourt	Permitted	See Table
Gallery	Permitted	See Table
Arcade	Permitted	See Table

B. ENCROACHMENT OF BUILDING ELEMENTS. Enclosed landings, stairs, stoops, bays, ramps and similar projections may encroach upon the indicated setbacks by the following distances:

Front Setback, Principal Frontage		8 feet max.
Front Setback, Secondary Frontage		8 feet max.
Rear Setback		5 feet max.

10.5.18 Vision, Intent And Purpose: Village Street (T.5.1). The "Village Street" Zone is characterized by medium-scale residential and/or mixed-use buildings in a walkable, compact urban environment. The Village Street is a less intense building development form than the Village Core (T.5), in terms of density, intensity and use; it serves as the transitional-form block between the Verbeck Gate to the west, and the Railroad Bridge Overpass to the east. This building pattern will generate beneficial neighborhood street interaction, permanence of place, calmer neighborhood traffic, higher property values, enhanced quality of life, and safe walkable connectivity within the TOV Core and outward to the Downtown Ayer MBTA Commuter Rail Station and into the Devens Community.

A. Key Features.

(1) The District will transform a current autocentric, disconnected, unwalkable and harsh corridor into a more up-valued and livable traditional building and street pattern consistent with a Traditional New England Village Street;

(2) Introduction of a new five-foot-wide sidewalk infrastructure network at West Ayer Village along the West Main Street Corridor;

(3) Small- to Medium-scale buildings and lots relative to "Village Core" (T.5) and Downtown Ayer (T.6);

(4) Traditional historic building form uplifts and ennobles the street (Public Realm) by serving as a well-composed and unified architectural definer of the future West Main Street at West Ayer Village;

(5) Safe, healthy, human-scale, multi-modal transportation "Complete Streets" design and destination experience;

(6) Concentration and connectivity of many retail & restaurant storefronts along the street level (with residential units in upper stories) builds the walkable "sidewalk shopper-storefront merchant" economic fabric & vibrancy of a traditional New England Public Realm;

(7) Well-designed Bike-Share Stations & Bike Lanes connecting with Downtown Ayer MBTA Station;

(8) Commercial uses on street level with Residential Dwelling units in upper stories;

(9) Transformative introduction of abundant on-street parking spaces;

(10) Sidewalk street trees & Pedestrian Wayfinding signage directional experience/s.

B. Building Entries:

(1) Primary Entry Door is required along ground-story facade facing a primary street.

(2) Front Facade Wall: Blank lengths of building wall exceeding 12 linear feet are prohibited.

C. External Elements T.5.1.

(1) Building Projections: No part of any building, except overhanging eaves, awnings, balconies, bay windows, stoops and other architectural features shall encroach beyond the minimum front setback line.

(2) Porch & Stoop Encroachments: Porches and stoops may encroach upon the minimum front setback line by the following distances, but shall not encroach into the street right-of-way:

(a) Front Setback, Principal Frontage is five feet maximum;

(b) Front Setback, Secondary Frontage is five feet maximum.

(3) Garages: Detached garages shall be located in the "Third Layer" of the Lot. (See 10.5.20, Subsection A, Location.)

(4) Driveways: Driveways shall be paved and a minimum of nine feet wide and a maximum of 18 feet wide.

(5) Parking:

(a) Residential: Vehicle parking areas shall be located only on driveways or designated parking areas and shall not extend into the street right-of-way or sidewalk.

(b) Commercial: All Parking shall be located in the Second and Third Lot Layer of the parcel. (See 10.5.20, Subsection A, Location.) Screening and/or Street Wall is required for parking areas visible from the street.

D. Accessory.

(1) Structures: Accessory structures shall be located in the Third Lot Layer and 10 feet from either side or rear property line.

(2) Landscaping: Landscaping is encouraged but shall not extend into any street sidewalk or travel way. Street trees are encouraged.

(3) Building Foundation Planting/s: Building foundation plantings are encouraged but should be pruned and maintained with enough clearance from the building facade to encourage air circulation.

10.5.19 Building Development Standards (BDS).

A. BUILDING PLACEMENT - PRINCIPAL BUILDING:
Front Setback (Primary Front) Frontage: 10 feet min., 20 feet max.
Front Setback (Secondary Front) Frontage: 10 feet min., 20 feet max.
Side Setback: 10 feet min.
Rear Setback: 25 feet min.
Building & Lot Principal Use: See Ayer Zoning Bylaw § 320-5.2, Table of Use Regulations.

B. BUILDING/LOT OCCUPATION:
Lot Width: 60 feet min., 192 feet max.
Lot Coverage: 60% max.
Frontage Build-Out: 60% along front setback (min.)
C. BUILDING FORM - PRINCIPAL BUILDING:
Building Height: 1-Story min., 3-Story max.
Building Facade Window Proportions (Glazing)	Ground Story: 60% min., 90% max. Upper Stories: 40% min., 60% max.

10.5.20 PARKING.

A. LOCATION:

Second and/or Third Lot Layer

Principal Building Setback + 20 feet

B. REQUIRED SPACES:

Residential	See § 320-9.1.2A.
Business	See § 320-9.1.2B.
Industrial	See § 320-9.1.2C.
Mixed Uses	See § 320-9.1.2D.
Special Downtown	See § 320-9.1.4A, B, C.

C. Off-STREET PARKING DESIGN STANDARDS:

Dimensional	See § 320-9.1.5A.
Driveways/Interior	See § 320-9.1.5B.
Location/Design	See § 320-9.1.5C.
Shared Parking	See § 320-9.1.5D.

D. See Ayer Zoning Bylaw Article 9, General Regulations.

10.5.21 PRIVATE FRONTAGES & ENCROACHMENTS.

A. PRIVATE FRONTAGE TYPES.

Common Yard	Permitted	See Table
Porch Fence Yard	Permitted	See Table
Stoop	Permitted	See Table
Common Entry	Permitted	See Table

B. ENCROACHMENT OF BUILDING ELEMENTS. Enclosed landings, stairs, stoops, bays, ramps and similar projections may encroach upon the indicated setbacks by the following distances:

Front Setback, Principal Frontage		8 feet max.
Front Setback, Secondary Frontage		8 feet max.
Rear Setback		10 feet max.