Article V Special Use Regulations

A site plan shall be submitted to the Planning Board for review, and such plan must be approved by said Board before a building permit shall be issued. In review of such plan, the following standards shall be met:

The proposed uses should complement and be in harmony with the existing and probable future character of the neighborhood.

Main and accessory buildings shall be located in relation to one another and in relation to other structures in the vicinity to provide efficient pedestrian and vehicular access and circulation, and to create harmonious appearance.

The plan shall provide, within the site, efficient traffic circulation, and adequate parking (amount, location and access). The plan of development shall not create excessive traffic load or circulation problems on existing adjacent or nearby streets.

Sufficient domestic water and sanitary sewage disposal facilities shall be available.

The site shall be lighted and landscaped.

(f)

The development shall be designed so as to protect adjacent property and the neighborhood in general from detrimental effect.

The Planning Board may require any additional information needed to permit a thorough review.

Additional requirements. The following standards shall be used as additional requirements in the Elderly Residential District:

Permitted uses.

Within the Elderly Residential District, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except for dwellings for the aged.

No unit shall be leased unless the tenant or tenants is/are 62 years of age or more.

Additional dimensional and density requirements.

Lots must have a minimum frontage of 200 feet on one street and an area of not less than five acres.

No radio, television antenna or other aerial devices which are mounted on an existing man-made structure other than an antenna structure shall increase the overall height of such man-made structure by more than 20 feet, and in all cases they shall be stayed in such a manner as to assure stability.

Buildings other than accessory garages or carports shall not be erected or altered so as to cover more than 25% of the lot area.

Not more than 25 living units per acre may be erected or created by alteration on any lot. There shall be a maximum of 200 units on any one lot. There shall be a minimum of eight units for each principal building.

That portion of front yards, and that portion of side and rear yards (if abutting Residence Districts) within 25 feet of any lot line, shall be landscaped, and parking shall be prohibited within such landscaped area.

§ 450-5.2 Planned business development.

Vehicular access. Vehicular access to a public way or ways must be provided at a minimum of two locations not less than 100 feet apart.

Planned business development by special permit with site plan review. Planned business development shall be permitted in the Business (BUS) and Industrial (I) Districts only upon issuance of a special permit with site plan review by the Planning Board.

Definition. As used in this section, the following terms shall have the meanings indicated:

PLANNED BUSINESS DEVELOPMENT

A development constructed on a lot or lots under joint development or in contiguous ownership at the time of application, planned, developed, operated and maintained as a single entity containing one or more structures to accommodate retail, personal service or business with common parking areas. Commercial buildings with more than one use per structure are planned business developments.

Permitted uses. Uses permitted by special permit with site plan review in a planned business development shall be limited to the following uses:

Retail uses, especially shopping centers;

Personal service uses; and

Business uses.

Dimensional and density regulations.

All uses in a planned business development shall be in conformity with the dimensional and density regulations set forth in the Table of Dimensional and Density Regulations.[1] In addition, a twelve-foot-wide landscaped buffer strip is required in the front yard and shall include a sidewalk constructed not less than three feet from the property line. Sidewalks shall be four feet wide and constructed of bituminous concrete or cement concrete.

[Amended 4-12-2022]

Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.

Uses shall be contained in one continuous building, except that groupings of buildings may be allowed by the Planning Board where such groupings are consistent with the safety of the users and of the overall intent of this section; the development shall be served by one common parking area and one exit and entrance along the frontage. Any additional structures added to the development after construction of the initial planned business development plan shall require a special permit from the Planning Board to ensure that adequate landscaping, parking, internal circulation systems and pedestrian access are maintained.

High-volume traffic-generating uses, uses that have a trip generation rate of 700 vehicles per day or more, are restricted to a total of only 20% of the total gross floor area of all structures in the development. These uses include, but are not limited to, convenience markets and automatic teller bank machines. Unless the applicant provides data from existing uses, the Institute for Transportation Engineers' publication, Trip Generation, shall be used to calculate the number of vehicle trips per day for proposed uses. Building permits for additional high-volume traffic generators will not be issued once the 20% threshold has been reached.

Where a planned business development consists of continuous parcels in joint ownership, it may be developed under a similar site plan with setbacks and yard requirements governing the boundaries of the entire parcel so developed.

Additional planned business development requirements. In addition to the special permit and site plan review requirements in Articles VIII and IX of this bylaw, any planned business development must conform to the following:

The proposed uses should complement and be in harmony with the existing and probable future character of the neighborhood.

The site plan shall provide, within the site, efficient traffic circulation and adequate parking (amount, location and access). The planned business development shall not create excessive traffic load or circulation problems on existing adjacent or nearby streets.

The Planning Board shall require a detailed traffic study for high-volume traffic-generating uses with a trip generation rate over 700 vehicles/day (based on Institute of Transportation Engineers rates found in Trip Generation); for the construction of a new planned business development (PBD) structure of more than 25,000 square feet in gross floor area; and for any external enlargement that brings the PBD total to 25,000 square feet of gross floor area for all structures. The Planning Board may waive any or all requirements for a traffic study for external enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000 square feet gross floor area threshold. The traffic impact statement shall contain:

[Amended 4-12-2022]

The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak-hour traffic levels.

The proposed traffic flow pattern for both vehicular and pedestrian access shall be described and related to the site plan, including vehicular movements at all major intersections likely to be affected by the proposed use of the site.

Traffic flow patterns at the site, including entrances and egresses, loading and unloading areas, and curb cuts on-site and within 100 feet of the site.

A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site estimated for daily-hour and peak-hour traffic levels, road capacities and impacts on intersection. Existing daily- and peak-hour traffic levels and road capacities shall also be given.

An internal traffic and pedestrian circulation plan designed to minimize conflicts and safety problems.

Access standards. Applicants must demonstrate that the project will minimize traffic and safety impacts on the highway or the street providing the property its principal frontage by meeting the following standards:

The number of curb cuts on state and local roads shall be minimized. To the extent feasible, access to a business property shall be provided via a common driveway serving adjacent lots or premises.

One driveway per parcel shall be permitted as matter of right. Where deemed necessary by the Planning Board, two driveways may be permitted as part of the site plan review process, which shall be clearly marked "entrance" and "exit".

All driveways shall be designed to afford motorists exiting to highways or roads with safe sight distance.

Driveway entrance must be able to accommodate all vehicle types having occasion to enter the site, including delivery vehicles.

Driveway design must be such that an entering vehicle will not encroach upon the exit lane of a two-way driveway. Also, a right-turning exiting vehicle will be able to utilize only the first through traffic lane available without encroachment into the adjacent through lane.

Parking standards. The planned business development shall comply with the off-street parking regulations in § 450-5.6 with the following exceptions: The minimum parking spaces for a planned business development shall be 4.5 parking spaces for every 1,000 square feet of gross floor area for all uses except restaurants. The minimum parking space requirement for restaurants is one parking space per person for 1/3 maximum capacity. The total minimum number of parking spaces required for a planned business development with a restaurant use shall be calculated by determining the minimum number of parking spaces for the planned business development excluding the restaurant use plus the minimum number of parking spaces required for the restaurant based on the above requirements.

Landscaping.

Notwithstanding other screening and landscape requirements set forth elsewhere in the bylaw, all yards shall be landscaped. Such landscaping shall include, but not necessarily be limited to, the planting of grass, ground cover, flower beds, shrubs, hedges or trees. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance and free of refuse and debris. All plantings shall be arranged and maintained so as not to obscure the vision of traffic.

For interior parking lot areas, at least 12% of the gross area of the vehicular use shall be landscaped. Landscaped areas shall be a minimum of nine feet in width. One shade tree of a minimum two-inch caliper for every 20 parking spaces is required in parking lots with over 50 parking spaces. The landscaped front, side and rear yard requirement can be included in this calculation.

Landscaped areas shall be maintained in a healthy, thriving and attractive condition. Shrubs or trees that die shall be replaced within one growing season.

(8)

Shared parking lots.

When one parking area of a planned business development abuts another, the two parking areas can be shared by an adequate access road. The area of the shared parking area shall not be less than the sum of the requirements of the individual planned business developments computed in accordance with the specifications of this section.

As an incentive to develop shared parking areas, the Planning Board shall reduce the interior parking lot landscaping requirements from 12% to 10%.

(9)

Lighting.

Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong, direct light beyond the property boundaries.

§ 450-5.3 Planned unit residential developments.

No light standard shall be taller than 15 feet.

(10)

Sufficient domestic water and sanitary sewage disposal facilities shall be available.

(11)

Display signs shall conform to § 450-5.8 of this bylaw.

Planned unit residential developments shall be permitted in the Planned Unit Residential District only upon issuance of a special permit with site plan review from the Planning Board as specified in Articles VIII and IX of the East Longmeadow Zoning Bylaws.

General description. "Planned unit residential development" shall mean a development containing a mixture of residential uses and building types, including single-family dwellings, townhouses or multifamily dwellings, and open space. A planned unit residential development may be allowed by special permit to exceed the normal density requirements for the district to the extent authorized by this bylaw, provided that standards for the permanent protection of open space and other standards specified herein are met.

Purposes. The purposes of this Planned Unit Residential Development Bylaw are to allow a number of uses as outlined in Table 3-1,[1] including planned unit residential development, and to:

Allow for greater variety and flexibility in the development housing types;

Promote the permanent preservation of open space;

Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner;

Maintain and replicate the traditional New England rural character and land use pattern in which small villages are adjacent to common open space.

Editor's Note: Table 3-1, the Table of Use Regulations, is included as an attachment to this chapter.

Uses allowed by special permit. In a planned unit residential development, the following uses are permitted:

Single-family dwellings.

Townhouses (a single-family dwelling connected by one or more common walls); however, there shall be no more than six and no less than two townhouses per structure.

Multifamily dwellings (including garden units), not exceeding six units per building.

Recreational uses and open space, including community buildings.

Density and dimensional regulations. See Table 3-2.[2]

Editor's Note: Table 3-2 is included as an attachment to this chapter.

Utility requirements. All structures which require plumbing shall be connected to a public sanitary sewer and public water system.

Parking and circulation requirements.

Parking shall be provided as set forth in § 450-5.6G of this bylaw.

[Amended 4-12-2022]

There shall be an adequate, safe and convenient arrangement of pedestrian circulation, facilities, roadways, driveways and parking.

Landscaping and buffer area requirements.

A coordinated landscape design for the entire project area, including landscaping of structures, parking areas, driveways and walkways, shall be submitted for approval by the Planning Board.

Whenever possible, existing trees and vegetative cover shall be conserved and integrated into the landscape design.

All residential structures and accessory uses within the development shall be set back from the boundaries of the zoning district by a buffer strip of at least 50 feet in width, which shall include trees and shrubbery.

Common open space requirements.

All land not devoted to dwellings, accessory uses, roads or other development shall be set aside as common land for recreation, conservation or agricultural uses which preserve the land in essentially its natural condition. At least 2,000 square feet per dwelling unit must be usable open space for active and passive recreation. Such space shall not include parking space, roadway, sidewalk area, building footprints or wetlands as determined by the Conservation Commission. Usable open space shall be defined to include such facilities as open space available for gardens, hiking/jogging trails, tennis courts or similar facilities.

Further subdivision of common open land or its use for other than recreation, conservation or agriculture, except for easements for underground utilities, shall be prohibited.

Structures or buildings accessory to recreation, conservation or agricultural uses may be erected but shall not exceed 5% coverage of such common open land.

Open space subject to a restriction recorded and enforceable by the Town.

Community association.

An owners' association shall be established, requiring membership of each lot or unit owner in the planned unit development. The association shall be responsible for the permanent maintenance of all communal water and sewerage systems, common open space, recreational and thoroughfare facilities. An association agreement or covenant shall be submitted with the special permit/site plan review application guaranteeing continuing maintenance of such common utilities, land and facilities and assessing each unit a share of maintenance expenses. Such agreement shall be subject to the review and approval of Town Counsel and the Planning Board as part of the site plan review.

Such agreements or covenants shall provide that in the event that the association fails to maintain the common facilities in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable values of the properties within the development and to prevent the common land from becoming a public nuisance. The covenants shall also provide that the cost of such maintenance by the Town shall be assessed ratably against the properties within the development.

Procedures and preapplication review.

Applicants for planned unit residential development shall follow the special permit procedures specified in Article VIII and the site plan review procedures specified in Article IX.

To promote better communication and to avoid misunderstanding, applicants are encouraged to submit a preliminary plan for review by the Planning Board prior to the application for a special permit. Such preliminary plans shall comply with the Town's Subdivision Control Regulations.

The Planning Board approval of a special permit hereunder shall not substitute for compliance with the Subdivision Control Act nor oblige the Planning Board to approve a related definitive plan for subdivision, nor reduce any time periods for Board consideration under that law.

§ 450-5.3A Planned Adult Residential District.

A special permit application and subdivision review site plan shall be submitted to the Planning Board. Following approval of the special permit, a definitive plan shall be submitted to the Planning Board consistent with its Subdivision Regulations and in substantial conformity with the approved special permit application and subdivision review site plan.

[Amended 4-12-2022]

Planned adult residential developments shall be permitted in the Planned Adult Residential District only upon site plan review from the Planning Board as specified in Articles VIII and IX of the East Longmeadow Zoning Bylaws.

Definitions. As used in this section, the following terms shall have the meanings indicated:

PLANNED ADULT RESIDENTIAL DEVELOPMENT

A development containing residential uses and building types, including single-family dwellings, townhouses or multifamily dwellings, and open space, which may be owned in the condominium form of ownership, for persons aged 55 and older, as hereinafter described.

PLANNED ADULT RESIDENTIAL DISTRICT

The district where planned adult residential developments are permitted.

Purposes. The purposes of this Planned Adult Residential District Bylaw are to allow a number of uses as outlined in Table 3-1,[1] and to:

Allow for greater variety and flexibility in the development of housing types; and

Promote the development of specialized housing to accommodate the needs of those aged 55 and over.

Editor's Note: Table 3-1, the Table of Use Regulations, is included as an attachment to this chapter.

Uses allowed. Table 3-1 establishes the uses permitted in a planned adult residential development, which shall specifically include the following uses:

Single-family dwellings.

Townhouses (a single-family dwelling connected by one or more common walls); however, there shall be no more than five and no less than two townhouses per structure.

Multifamily dwellings (including garden units), not exceeding five units per building.

Parking, recreation and accessory structures limited to the use of the residents of the planned adult residential development.

Density and dimensional regulations. See Table 3-2.[2]

Editor's Note: Table 3-2 is included as an attachment to this chapter.

Utility requirements. All structures which require plumbing shall be connected to a public sanitary sewer and public water system.

Parking and circulation requirements.

Parking shall be provided as set forth in § 450-5.6G of this bylaw.

[Amended 4-12-2022]

There shall be an adequate, safe and convenient arrangement of pedestrian circulation, roadways, driveways and parking areas.

Landscaping and perimeter buffer area requirements.

A coordinated landscape design for the entire project area, including landscaping for structures, parking areas, driveways and walkways, shall be submitted for approval by the Planning Board.

Whenever possible, existing trees and vegetative cover shall be conserved and integrated into the landscape design.

All residential structures and accessory structures within the development shall be set back from the boundaries of the zoning district by a buffer strip of at least 50 feet in width in the front yard, side yards and rear yards. Existing trees and vegetation shall be preserved as much as possible. New landscape plantings, earth mounds and such shall be required if little existing vegetation exists in order to visually buffer the development from adjacent uses.

Coverage and common open space requirements.

All land not devoted to dwellings, accessory uses, roads or other development shall be common land for recreation, conservation, agricultural or aesthetic purposes. Within the planned adult residential development, open space shall be integrated within and around the development.

Further subdivision of common open land or its use for other than recreation, conservation or agriculture, except for easements for underground utilities, shall be prohibited.

Structures or buildings accessory to recreation, conservation, storage or agricultural uses may be erected, but shall not exceed 5% coverage of such common open land.

Open space shall be subject to a restriction recorded and enforceable by the Town.

[Amended 4-12-2022]

Community association.

An owners' association shall be established, requiring membership of each lot or unit owner in the planned adult residential development. The association shall be responsible for the permanent maintenance of all common open space, recreational facilities, roads and parking areas, communal water and sewerage systems. An association agreement or covenant shall be submitted with the site plan review application, guaranteeing continuing maintenance of such common utilities, land and facilities, assessing each unit a share of maintenance expenses and enforcing the age requirements specified herein. Such agreement shall be subject to the review and approval of Town Counsel and the Planning Board, as part of the site plan review.

Procedure and pre-application review.

Applicants for planned adult residential development shall follow the site plan review procedures specified in Article IX.

To promote better communication and to avoid misunderstanding, applicants are encouraged to submit a preliminary plan for review by the Planning Board. Such preliminary plans shall comply with the Town's Subdivision Control Regulations.

A subdivision review site plan shall be submitted to the Planning Board. Following approval of the site plan, a definitive plan shall be submitted to the Planning Board consistent with its Subdivision Regulations and in substantial conformity with the subdivision review site plan.

Additional provisions. No planned adult residential development shall be permitted unless it is in compliance with the following provisions:

Each dwelling unit in a planned adult residential development shall be occupied by:

At least one person who is 55 years of age or older;

A spouse of an occupant pursuant to Subsection K(1)(a) above;

An occupant pursuant to Subsection K(1)(b) above who survives his or her spouse;

An occupant pursuant to Subsection K(1)(b) above whose spouse has entered into a long-term continuing-care facility; or

A paid caregiver providing care to an owner/occupant who is at least 55 years of age or older.

In no event may a dwelling unit be occupied by more than three residents; provided, however, that if any unit is occupied by three residents one of said three residents may be a person 21 or older; provided, further, said person's primary responsibility is providing care to an owner/occupant of said unit.

§ 450-5.3B Mixed-Use Village District.

[Added 6-15-2021]

Mixed-use village developments shall be permitted in the Mixed-Use Village District only upon issuance of a special permit with site plan review and design review as specified in Articles VIII and IX of the East Longmeadow Zoning Bylaw.

General description. "Mixed-use village development" shall mean a development consisting of a mixture of residential, commercial and business uses and building types, including single-family dwellings, townhouses, multifamily dwellings with or without attached business or commercial spaces, business and commercial buildings, recreation facility and open space.

Purpose. The purpose of this Mixed-Use Village District Bylaw is to allow a number of uses as outlined in Table 3-1[1] in a single development and to:

Allow for greater variety and flexibility in the development of housing types integrated with business and commercial uses;

Reduce vehicle trip miles by providing services within walking distance of residential units;

Provide additional housing with a designated percentage of affordable housing as further defined in Subsection M herein; and

Promote the preservation of open space.

Editor's Note: Table 3-1 is included as an attachment to this chapter.

In a mixed-use village development the following uses are permitted:

Single-family dwellings.

Townhouses. See Article XI, Definitions.

Multifamily dwellings. See Article XI, Definitions.

Business and commercial uses compatible with and supportive of residential uses as listed in the East Longmeadow Schedule of Use Regulations Table 3-1.[2]

Editor's Note: Table 3-1 is included as an attachment to this chapter.

Recreational facility and open space, including community buildings.

Business and commercial uses. Commercial, business, and accessory uses within the Mixed-Use Village District, as provided for in the East Longmeadow Schedule of Use Regulations Table 3-1,[3] shall be allowed as follows:

Total gross floor area devoted to commercial and business use(s) shall not be less than 20% nor exceed 30% of the total gross floor area of the mixed-use village development. Any phasing of a development shall include the required minimum ratio of nonresidential to residential uses.

Allowed uses less than 10,000 square feet may occur without restriction except for uses requiring a special permit. One single use with up to a maximum of 25,000 square feet is allowed in the project. In addition, two uses up to a maximum of 15,000 square feet each may be allowed in the project.

Signage. All signs permitted in the Mixed-Use Village District are subject to § 450-5.8, Signs, as it relates to the Business District, East Longmeadow Zoning Bylaw.

Editor's Note: Table 3-1 is included as an attachment to this chapter.

Density and dimensional regulations.

The minimum parcel size for a Mixed-Use Village District shall be 40 acres.

The maximum density of housing units shall be 12 per acre, based on the area of the entire development.

Dimensions and setbacks: Refer to East Longmeadow Dimension and Density Regulations Table 3-2.[4]

Editor's Note: Table 3-2 is included as an attachment to this chapter.

The maximum height of structures within a Mixed-Use Village District shall reflect the zone and the surrounding context where the district is to be created. Such height requirements are as follows and as further defined in Subsection L(1), Development regulations, within this bylaw:

All Residential Zones: maximum height up to 35 feet.

Commercial and Business Zones: maximum height up to 40 feet.

Golf Recreational Zone: maximum height up to 35 feet.

Industrial and Industrial Garden Park Zones: maximum height up to 50 feet.

Building setbacks from parcel boundaries shall be:

Front setback: 100 feet.

Side setback: 50 feet.

Rear setback: 50 feet.

Lot coverage:

Maximum 60% impervious (which includes the building structure coverage).

Maximum 40% building coverage.

Minimum 40% green space, 20% of which shall be open space. See Article XI, Definitions.

Area of landscaped buffer. Buffer areas shall be landscaped to provide a visual screening of the development.

Minimum rear: 25 feet.

Minimum side: 25 feet.

Minimum front: 25 feet.

Utility requirements. All structures which require plumbing shall be connected to a public sanitary sewer and public water system.

Parking and circulation requirements. Parking shall be in accordance with the Town of East Longmeadow Parking Specifications, East Longmeadow Zoning Bylaw, § 45-5.6.

Minimum required spaces:

One space per bedroom.

Four and one-half spaces per 1,000 square feet of gross floor area of commercial and business uses.

One space per three seats for restaurants.

The Planning Board may require additional visitor parking spaces beyond the one space per bedroom if deemed appropriate given the design, layout and density of the proposed mixed-use village development.

Reduction in parking requirements.

Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced by the Planning Board if the applicant can demonstrate that the lesser amount of parking will not cause congestion, endanger public safety or that a lesser amount of parking will provide positive environmental or other benefits, taking into consideration, provided that the difference between the minimum required parking and the amount requested be designated on the plan as future parking and left as green space.

The Planning Board will consider the following:

Shared use of off-street parking spaces serving other uses having peak user demands at different times;

Impact of the parking requirement on the physical environment of the affected lot or the adjacent lots, including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing dwelling units, or loss of pedestrian amenities along public ways; and

Such other factors as may be considered by the Planning Board.

Design review. The Design Review Committee, or the Planning Board acting as the Design Review Committee, shall review applications for all actions that are subject to the provisions of this section and shall make recommendations to the developer, prior to and within the public hearing for site plan review, as to the conformance with the design standards established within § 450-9.2, Design review. The Planning Board shall retain overall responsibility and authority for design review approval. The Planning Board may also employ consultants to assist in design review at the expense of the applicant.

Community association.

A community association shall be established, requiring membership of each unit owner in the mixed-use village development. The association shall be responsible for the permanent maintenance of all communal water and sewerage systems, common open space, recreational and thoroughfares. An association agreement shall be submitted with the special permit/site plan review application guaranteeing continuing maintenance of such common utilities, land, facilities, and assessing each unit a share of maintenance expenses. Such agreement shall be subject to the review and approval of the Town Attorney and the Planning Board, as part of the site plan review.

Such agreements shall provide that in the event that the community association fails to maintain the common facilities in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable values of the properties within the development and to prevent the common land from becoming a public nuisance. The association agreement shall also provide that the cost of such maintenance by the Town shall be assessed against the properties within the development.

Procedures and preapplication review.

Applicants for mixed-use village development shall follow the special permit procedures specified in Article VIII and the site plan review procedures specified in Article IX within the East Longmeadow Zoning Bylaws.

Applicants are encouraged to submit a preliminary plan for review by the Planning Board prior to the application for a special permit.

Additional provisions.

All roads in the development shall meet the minimum requirements for public roads as established by the Department of Public Works; however, the Planning Board may grant waivers from the requirements for width of right-of-way and pavement, with the exception that sidewalks shall not be waived.

A bus stop for regional bus, rapid-transit bus, shuttle bus and/or ride services shall be provided for public or private transport.

A development impact study shall be provided by the developer and reviewed by the Town at the developer's expense.

A traffic study shall not be waived.

The proposed development shall be subject to the provisions of a host community agreement (HCA) negotiated by the East Longmeadow Town Manager and approved by the East Longmeadow Town Council. This agreement shall address impact issues, such as, but not limited to, traffic mitigation, affordable housing as further outlined in Subsection M herein, school enrollment, public safety, peer review, as some examples.

Development regulations for the Mixed-Use Village District. Development, redevelopment and reuse will generally be deemed consistent with the purposes of the Mixed-Use Village District when the Planning Board has determined that the proposed project meets the following objectives:

In the spirit and the context of creating a mixed-use village development, heights of new buildings shall approximate those of adjacent and existing buildings. Diverse roof styles and heights are encouraged and should complement the surrounding developed environment. Flat rooflines are to be discouraged as they are not in keeping with New England architecture.

Mixed-use village development will be consistent with the zoning bylaws of the Town of East Longmeadow.

The Mixed-use village development will provide for quality development consistent with the character of building types, streetscapes and other community features traditionally found within the Town of East Longmeadow.

The mixed-use village development will have adequate water, drainage and sewerage systems or provide upgrades to existing systems for its needs and usage to satisfy Town of East Longmeadow requirements.

The commercial and business uses of the mixed-use village development shall be planned and designed in an integrated manner to complement the residential uses, and help foster vibrant, workable, livable, and attractive neighborhoods consistent with the Town of East Longmeadow's Zoning Bylaw and this section.

Site development; location of buildings and structures. A lot in the Mixed-Use Village District may contain more than one structure with a principal use. The Planning Board may grant approval for multiple structures on one lot only upon making a determination that the proposed development contains the correct percentage of commercial, business and residential uses.

Residential condominiums and townhouses shall not exceed three bedrooms. Residential apartments shall consist of a mix of one- and two-bedroom units.

Affordable housing. Affordable housing units are units which may only be rented or purchased by eligible households whose annual incomes, adjusted for family size, do not exceed the limits for maximum annual income for low-income households or households (80% of the median income for East Longmeadow, as calculated by the U.S. Department of Housing and Urban Development or any successor agency), and are eligible and countable for the purpose of the commonwealth's MGL Chapter 40B Subsidized Housing Inventory (SHI), or its successor.

Mixed-Use Village District projects, anticipating that 100 residential units or greater are to be developed, shall include affordable housing at a ratio of 10% affordable units, according to the following schedule:

Market-Rate Residential Units Complete	Percentage of Affordable Units
0 to 24%	0%
25%	10%
50%	50%
75%	75%
90%	100%
100%	100%

Affordable housing units shall be integrated with the rest of the mixed-use village development as to desirability of location and access to amenities. Affordable housing units shall be comparable in design, appearance, construction and quality of materials with other market-rate units within the development. Interior features and mechanical systems of affordable units shall conform to the same specifications that apply to market-rate units within the development.

To the extent possible, local preference will be used. To the extent permitted by the Fair Housing Act, this special permit will address housing preference as it relates to municipal employees, East Longmeadow residents and employees of East Longmeadow businesses.

§ 450-5.4 Golf Recreational District.

Uses. In any Golf Recreational District, as indicated on the Zoning Districts Map identified in § 450-2.1 of this bylaw, no building or other structure shall be erected, altered or used, and no land shall be used or occupied for any purpose, except one or more of the uses permitted in Table 3-1.[1]

[Amended 4-12-2022]

§ 450-5.5 Wireless/Telecommunications service facilities and towers.

Editor's Note: Table 3-1, the Table of Use Regulations, is included as an attachment to this chapter.

Swimming pools. Any swimming pool permitted as an accessory use shall be subject to the provisions of § 450-5.9, Swimming pools, of these bylaws.

Lighting. For golf course uses, exterior artificial lighting shall be restricted to the lighting of signs in accordance with § 450-5.8 of this Zoning Bylaw, and to the lighting of walks, driveways, parking areas and garden areas necessary for the operation thereof and public safety. Any such lighting shall be shaded and directed in such a manner so as not to constitute a nuisance. For golf course uses, artificial lighting of a golf course, practice golf area, basketball or tennis area or swimming pool is specifically prohibited.

[Amended 4-12-2022]

Purpose and intent.

It is the express purpose of this bylaw to establish regulations for the placement of wireless telecommunication towers, antennas and ancillary facilities. It is the intent of this bylaw to minimize the visual and environmental impacts of said facilities on the community; to encourage the location of towers on municipally owned properties, not to include parks or schools; to preserve the character and appearance of the community while simultaneously allowing adequate wireless services to be developed; to protect the residential, scenic, historic, environmental and natural or man-made resources of the community; to encourage joint use of new and existing tower sites, buildings and utility poles as a primary option rather than new construction of towers; and to preserve property values and regulate the location of towers so that they minimize negative impacts on the general safety, health, welfare and quality of life of the community.

This bylaw is intended to be used in conjunction with other regulations that may be adopted by the Town, including historic district regulations, site plan review, special permit and other local bylaws designed to encourage appropriate land use, environmental protection and the provision of adequate infrastructure development in East Longmeadow.

ALTERNATIVE TOWER STRUCTURE

The bylaw enables the review and approval of wireless service facilities by the Town's special permit granting authority (hereinafter referred to as "SPGA"), in keeping with the Town's existing bylaws and historic development patterns.

Consistency with federal law. This bylaw is intended to be consistent with the Telecommunications Act of 1996, as amended, and applicable FCC regulations in that it does not prohibit or have the effect of prohibiting the provisions of wireless services and is not intended to be used to unreasonably discriminate among providers of functionally equivalent wireless services.

Definitions. The following definitions pertain to this bylaw as described below:

ACT

The Telecommunications Act of 1996, as amended.

Man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflage or conceal the presence of antennas and/or towers. This term shall also include any antenna or antenna array attached to the alternative tower structure.

ANCILLARY FACILITIES

The buildings, cabinets, vaults, enclosures and equipment required for operation of telecommunication systems, including but not limited to repeaters, equipment housing and ventilation and other mechanical equipment.

[Amended 4-12-2022]

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

BUFFER AREA

The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and adjacent lot lines and/or lot uses.

CARRIER

A company that provides wireless services.

CEASE TO OPERATE

Not performing the normal functions associated with the wireless service facility and its equipment on a continuous and ongoing basis for a period of one year.

CO-LOCATION

The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.

EQUIPMENT SHELTER

An enclosed structure, cabinet, shed or box located at a base station within which are housed batteries and electrical equipment.

FAA

Federal Aviation Administration.

FACILITY SITE

The location leased by one or more wireless service providers and upon which one or more wireless service facilities and required landscaping are located.

FALL ZONE

The area on the ground within a prescribed radius from the base of a wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

FCC

Federal Communications Commission.

FIRE TOWER

A tower in which a lookout for fires may be posted.

GUYED TOWER

A monopole or lattice tower that is supported or braced through the use of cables which are permanently anchored.

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

LICENSED CARRIER

A company authorized by the FCC to construct and operate a wireless services system.

MODIFICATION OF AN EXISTING FACILITY

Any change or proposed change in size, number and height of facilities and antennas other than approved under an existing special permit. Also any increase or proposed increase in dimensions of an existing and permitted tower or other structure designed to support wireless service transmissions, receiving and/or relaying antennas and/or equipment.

MONITORING

The measurement of the radiation from a site as a whole or from individual wireless service facilities, towers or antennas, by the use of instruments in the field.

MONOPOLE

The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform or racks for panel antennas arrayed at the top.

MOUNT

The structure or surface upon which antennas are mounted, including the following four types of mounts:

Roof-mounted: mounted on a roof of a building.

Side-mounted: mounted on the side of a building.

Ground-mounted: mounted on the ground.

PREEXISTING TOWERS AND ANTENNAS

Structure-mounted: mounted on a structure other than a building.

Any tower or antenna and ancillary facility which has been lawfully erected prior to the effective date of this bylaw, including permitted towers or antennas and ancillary facilities that have been approved but have not yet been constructed, so long as such approval is current and not expired.

RADIO FREQUENCY ENGINEER (RFE)

An engineer specializing in electrical or microwave engineering, especially in the study of radio frequencies.

SPECIAL PERMIT GRANTING AUTHORITY (SPGA)

The Planning Board of the Town of East Longmeadow shall be the SPGA for this bylaw.

STEALTH DESIGN

A wireless telecommunication facility that is designed or located in such a way that the facility is not readily recognizable as a wireless telecommunications facility.

TELECOMMUNICATION

Technology permitting the passage of information from the sender to one or more receivers in a usable form by means of any electromagnetic system.

TELECOMMUNICATIONS ANTENNA

An antenna designed to transmit or receive communications as authorized by the Federal Communications Commission, excluding amateur radio operator antennas.

TELECOMMUNICATIONS SUPPORT FACILITIES

Support buildings, structures and equipment cabinets containing electrical and mechanical equipment and devices used for the programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities.

TOWER

Any structure designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, monopoles and other similar structures. This term also includes any antenna or antenna array attached to the tower structure.

TOWER HEIGHT

When referring to a tower or other alternative tower structure, the distance measured from the ground level at the base pad of the structure to the highest point on the tower or other alternative tower structure.

WATER TOWER

A standpipe or elevated tank used as a reservoir or for maintaining equal pressure in a water system.

WIRELESS SERVICE FACILITY AND TOWERS

All equipment (excluding any repeaters) with which a wireless service provider broadcasts and receives the radio frequency waves which carry their services and all locations of said equipment and any part thereof. This facility may be sited on one or more towers or structures owned and permitted by another owner or entity.

WIRELESS SERVICE PROVIDER

An entity licensed by the FCC to provide wireless services to individuals or institutions.

WIRELESS SERVICES

Commercial mobile services, unlicensed and licensed FCC wireless commercial services, and common-carrier wireless exchange access services. These services include, but are not limited to: cellular services, personal communications services (PCS), enhanced mobile radio services (EMRS) and paging services, and similar services that may in the future be developed.

District regulations.

Use regulations.

No newly constructed wireless services facility shall locate in any residential district or on Town-owned residential property.

Wireless services facilities shall comply with the Massachusetts Building Code (780 CMR), as amended, and shall require a building permit in all cases.

A wireless services facility may locate on any existing monopole, electric utility transmission tower, fire tower or water tower, provided that the installation of the new facility does not increase the height of the existing structure. Such installations shall not require a special permit and site plan approval by the Planning Board.

A wireless services facility involving construction of one or more ground or building (roof or side) mounts shall require a special permit. Such facilities may locate by special permit in designated districts within the Town, provided that the proposed use does not project more than 10 feet above the height of an existing building.

Location. If possible, wireless service facilities shall be located on existing structures, including but not limited to buildings, water towers, existing telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures and to minimize adverse visual impacts associated with clustering of towers, provided that: 1) a tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless reconstruction as a monopole is proposed; 2) an existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this bylaw, with approval from the SPGA; and 3) all antenna mounts installed on existing towers shall, to the extent technically feasible, match both antenna type and type of the existing antenna mounts.

[Amended 4-12-2022]

An applicant proposing a wireless communications facility shall have the burden to prove all avenues have been exhausted and that there are no feasible preexisting structures, buildings or towers upon which to locate due to technical, topographical or other unique circumstances. Further, the applicant shall submit documentation of the legal right to install and use the proposed facility mount and shall demonstrate to the satisfaction of the SPGA that the applicant has endeavored to minimize the visual and aesthetic impacts of the proposed facility on the community.

Wireless services facilities shall not be located in wetlands.

No hazardous waste shall be discharged on the site of any wireless services facility.

Co-location.

Licensed carriers shall share wireless service facilities and sites where possible and appropriate, thereby reducing the number of wireless service facilities that are stand-alone facilities.

All applicants shall demonstrate a good-faith effort to co-locate with other carriers, including:

A survey of all existing structures that may be feasible sites for co-locating wireless telecommunication facilities;

Notification by certified mail of intent to seek a special permit to all the other licensed carriers for commercial mobile radio services operating within five miles of the site;

Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location;

A copy of the lease and an affidavit stating compliance with this section;

[5]

In the event that co-location is claimed to be not technically feasible, a written statement of the reasons must be submitted to the SPGA. The SPGA has the right to retain a technical expert in the field of RF engineering to determine if co-location is feasible. The cost for the technical expert will be at the expense of the applicant. The SPGA has the right to deny approval to any applicant that has not demonstrated a good-faith effort to provide for co-location on an existing wireless telecommunication tower;

[6]

If the applicant does intend to co-locate or to permit co-location, plans and elevations which show the ultimate appearance and operation of the facility at full build-out must be submitted to the SPGA.

Location priorities. Wireless telecommunication facilities shall be located and approved in accordance with the following prioritized locations:

An existing building;

An existing tower.

Dimensional requirements.

Height.

The maximum height of the equipment/service building shall be 15 feet and limited to one floor, with the maximum gross floor area not to exceed 400 square feet; the total percentage of services buildings not to exceed 25% lot coverage.

No wireless communications facility shall exceed 190 feet in height as measured from ground level at the base of the tower. Side- and roof-mounted wireless services facilities shall not project more than 10 feet above the height of an existing building nor project more than 10 feet above the height limit of the zoning district within which the facility is located. The facility shall be stepped back from the front facade in order to limit its impact on the building's silhouette.

Wireless services facilities may be located on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height.

New antennas located on any of the following existing structures on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw, provided there is no increase in height of the existing structure as a result of the installation of a wireless services facility:

Water towers.

Fire towers.

Monopoles.

Setbacks. Ground-mounted wireless telecommunications facilities shall be set back 200% of the tower height from the property boundaries of a school, place of worship, public library, public park, public conservation area, residential zoning district or a building containing one or more residences within a nonresidential zoning district.

All towers shall be pre-engineered to fall at a pre-determined height in the event of catastrophic failure and shall have a "fall zone" of said pre-determined height.

In no case shall a ground-mounted facility be built as an accessory use, or be allowed on any portion of the lot between the primary structure and the street.

[Amended 4-12-2022]

In the event that an existing structure is proposed as a mount for a wireless service facility, a fall zone shall not be required, but the setback provisions of the zoning district shall apply. In the case of preexisting, nonconforming structures, wireless service facilities and their equipment shelters shall not increase any nonconformities; except in reviewing a special permit application for a wireless service facility, the SPGA may reduce the required fall zone and/or setback distance of the zoning district by as much as 50% of the required distance, if it finds that a substantially better design will result from such reduction. In making such a finding, the SPGA shall consider both the visual and safety impacts of the proposed use.

Special permit criteria.

The SPGA shall consider the following factors when determining whether to grant a special permit:

Proximity of the facility to residential structures, residential district boundaries, school boundaries, churches, libraries, public parks and conservation areas.

Nature of the uses on the adjacent and nearby properties.

Surrounding topography, tree coverage and foliage.

(Reserved)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including stealth designs, which are encouraged.

(f)

Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures.

(g)

Availability of proposed tower to other potential carriers.

(h)

Adequacy of the setback or design of the facility to ensure the safety of persons or property in the event of collapse.

(i)

No special permit will be granted for a tower to be built on speculation. If the applicant is not simultaneously installing a wireless services facilities on the tower, it shall provide a copy of its existing lease/contract with a wireless services facilities provider. Said provider shall provide all necessary data to comply with the terms of this bylaw, as part of the application for a wireless services facility and/or tower, before a special permit will be considered.

Design standards.

All towers shall be designed and constructed to withstand wind gusts and substantial winds of at least 100 miles per hour at the maximum height necessary (determined by the independent consultants) to accommodate the anticipated and future use.

Only freestanding monopoles, with associated antennas and/or panels, shall be allowed as specified in this bylaw. Lattice-style towers and facilities requiring guy wires and/or three or more legs for support are prohibited.

The area around the tower and communication equipment shelter(s) shall be completely fenced and gated to control access to the facility and for security and shall be compatible with the scenic character of the Town and of abutting properties. The fence shall be at least eight feet in height. Use of barbed or razor wire is prohibited.

Camouflage by existing buildings, structures or vegetation.

Tower(s) shall minimize, to the greatest extent possible, adverse visual impacts on the neighborhood. The SPGA has the authority to impose reasonable conditions to ensure this result.

If there are no feasible preexisting structures, buildings or towers, the wireless services facilities and towers shall be so designed as to be camouflaged to the greatest extent possible, including but not limited to use of compatible building materials and colors, screening, landscaping and placement within trees.

An applicant proposing a wireless communications facility shall demonstrate to the satisfaction of the SPGA that the applicant has endeavored to minimize the visual and aesthetic impacts of the proposed facility on residential abutters; and that the facility must be located at the proposed site due to technical, topographical or other unique circumstances.

Existing on-site vegetation shall be preserved to the maximum extent possible. Clearing of land shall be performed in a manner which will maximize preservation of natural beauty and conservation of natural resources and which will minimize marring and scarring of the landscape or silting of streams or wetlands.

A landscape buffer at least 10 feet wide of evergreen shrubs shall be provided on the outside of the fenced area. The shrubs shall mature to a height equivalent to the fence height and be planted at a height of at least six feet and planted in staggered double rows five feet on center. All landscape plantings must be continually maintained by the applicant or its successor.

Lighting and signage.

No wireless services facility and/or tower(s) installed shall exceed the maximum height limitation established by the Federal Aviation Administration for required night lighting. Night lighting of towers shall be prohibited unless required by the Federal Aviation Administration. Lighting of buildings and the ground may be provided to ensure a safe and secure facility. All lighting shall be designed, shielded and installed to prevent undue impact on surrounding properties.

Signs.

There shall be no signs except for the following:

[a]

A sign identifying the facility, the owner and operator and an emergency telephone number where the owner can be reached on a 24-hour basis;

[b]

A no-trespassing sign;

[c]

A sign displaying the FCC registration number;

[d]

Any signs necessary to warn of danger; and

[e]

No sign shall exceed four square feet.

All signs shall comply with the requirements of the East Longmeadow Zoning Bylaw. Advertising of any kind is strictly prohibited at the site.

Modifications. A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and will require a special permit when one or more of the following events occur:

The applicant and/or co-applicant wants to change the number of facilities permitted on the site;

There is a change in technology used for the wireless service facility that requires a change in types or sizes of antennas; or

The applicant wishes to add any equipment or additional height not specified in the original design filing.

Monitoring and maintenance.

The facility owner/operator shall present a maintenance and monitoring plan to the SPGA demonstrating responsibility for the site.

There shall be a minimum of one parking space for each carrier, to be used in connection with the maintenance of the site, and not to be used for the permanent storage of vehicles or other equipment.

Traffic associated with the tower and accessory facilities and structures shall not adversely affect abutting ways.

The wireless service facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

Abandonment or discontinuation of use.

At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Town by certified mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.

Upon abandonment or discontinuation of use, the carrier shall, at its expense, physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. This removal includes, but is not limited to, removal of antennas, mount, equipment shelters and security barriers from the subject property. An extension to this time period may be granted by the Planning Board upon written request from the applicant.

Also, the owner shall properly dispose of the waste materials from the site in accordance with local and state solid waste disposal regulations and restore the location of the wireless service facility to its natural condition, except that any landscaping and grading shall remain in the "after" condition.

As a condition of the special permit, the applicant shall post a bond in a reasonable amount determined and approved by the SPGA. This bond shall be in force to cover the costs of the remediation of any damage to the landscape which occurs during the clearing of the site; and to cover the cost of the removal of the tower or facility from the site, and remediation of the landscape, should the facility cease to operate and the Town have to remedy the situation.

Site plan review.

Antennas.

The design of antennas, and telecommunications support facilities shall use materials, colors, textures, screening and landscaping that create compatibility with the natural setting and surrounding structures;

The mass of antennas or an antenna on a tower shall not exceed 450 cubic feet per user, with no one dimension exceeding 14 feet per user.

Tower color. Towers shall be finished in a neutral color to reduce visual obtrusiveness, subject to any applicable standards of the FAA.

Provisions of independent consultants.

Upon submission of an application for any special permit under this bylaw, the applicant shall pay a review fee for the employment of independent consultants. These consultants shall each be qualified professionals with a record of service to municipalities in one or more of the following:

Telecommunications engineering;

Structural engineering; monitoring of electromagnetic fields;

Other relevant fields of experience as determined by the SPGA.

The SPGA shall select an independent consultant from a main list of qualified candidates based on recommendations from the Board of Health, Conservation Commission, Department of Public Works and Pioneer Valley Planning Commission. Said list shall be reviewed and updated from time to time.

Exempted wireless telecommunication uses. The following are exempt from the restrictions and requirements of this bylaw:

Police;

Fire;

Ambulance and other emergency dispatch;

Citizen's band radio; and

Amateur radio equipment and towers used in accordance with the terms of any amateur radio service license issued by the FCC, provided that:

The tower is not used or licensed for any commercial purpose; and

The tower shall be removed upon loss or termination of said FCC license.

Insurance. Towers and wireless service facilities shall be insured by the owner against damage to persons and property. The owner shall provide a certificate of insurance to the SPGA on an annual basis. For towers and facilities located on property owned by the Town of East Longmeadow, the Town of East Longmeadow shall be an additional named insured.

Noncompliance; violations; enforcement; and attorney fees. Upon determination that the applicant and/or owner has failed to comply with this bylaw, or is in violation of any portion of this bylaw, and the Town of East Longmeadow takes any action to enforce this bylaw, the owner/applicant shall be liable for and responsible to pay to the Town of East Longmeadow all costs, expenses and reasonable attorney's fees for such action taken by the SPGA. Failure to pay said costs and attorney's fees within 30 days of receipt of notice to pay same shall be grounds for the revocation of any special permit issued in accordance with this bylaw.

§ 450-5.6 Off-street parking.

Parking plan.

Uses requiring a parking plan. A parking plan shall be submitted at the time of any application for a building permit for the erection, alteration or enlargement of any building other than a single-family dwelling. No building permit for the erection, alteration or enlargement of any building may be issued without approval of said parking plan by the Planning Director. In the case of alteration or enlargement, these standards shall apply only to the altered or enlarged area.

[Amended 11-14-2023]

A parking plan shall be submitted to the Planning Department at the time of any application for the certificate of occupancy required in § 450-7.1 of the Zoning Bylaw. No such certificate of occupancy may be issued without approval of said parking plan by the Planning Director.

[Amended 11-14-2023]

Parking plans shall show means of vehicular access and interior circulation. The proposed property use and proposed building square footage shall be indicated on the plan. Any required landscaping shall be indicated on the plan.

Upon submission of a parking plan to the Planning Director, egress, access and drainage for the site must be approved by the Town Engineer.

[Amended 11-14-2023]

In granting a special permit for any use, the special permit granting authority may require off-street parking spaces, standards or conditions in addition to those set forth in this bylaw, if it deems necessary for the use.

The Planning Board may grant waivers to the parking requirements outlined in this section of the Zoning Bylaw. A request for waiver (Form W) must be submitted for any and all requirements.

[Added 11-14-2023]

Parking specifications.

In all districts, any and all parking spaces located on any lot shall be restricted to the use of the business allowed on the site by its employees, customers and other persons normally visiting the premises at any one time. There shall be no commuter parking nor shall any business enter into any type of agreement for commuter and/or satellite parking for businesses or activities not located on the site.

All new structures and alterations or enlargements on existing structures shall be provided with off-street parking spaces in accordance with the following specifications:

Specifications for parking layout shall be in accordance with Town of East Longmeadow Parking Standards. The standards shall include, and are not limited to, the following:

[Amended 11-14-2023]

All parking areas must meet the minimum parking dimensions in Diagram 5.6-1,[1] except the handicapped parking requirements in Subsection H shall supersede where appropriate.

Editor's Note: The diagram is included at the end of this section.

Each off-street parking space shall contain, exclusive of approved access lanes, not less than 180 square feet when located in a parking lot and not less than 160 square feet when located in a garage or other building. For planned business developments, retail outlets and other similar uses, there shall be a minimum of 300 square feet of total paved area for each car parking space required.

Parking spaces at a 90° angle are encouraged. Extra width at the end of parking stalls is desirable. Additional driveway width is necessary for main or through circulation aisles. (See Diagram 5.6-2 for a dimensional illustration.[2])

Editor's Note: The diagram is included at the end of this section.

Any required landscaping shall be indicated on the parking plan for approval. (See Diagram 5.6-2 for a dimensional illustration.)

[5]

Parking aisles must be adjusted as necessary to accommodate the size of the trucks serving the facility. (See Diagram 5.6-2 for a dimensional illustration.)

[6]

Parking stall markings, directional arrows and other traffic signs shall be delineated by at least four-inch painted lines or by other suitable means and shall be permanently maintained.

[7]

One driveway per parcel shall be permitted as matter of right. Two driveways for business, commercial and industrial uses are generally desirable and shall be clearly marked as an entrance and as an exit.

Drainage. Drainage facilities for each parking area should be designed and constructed to contain stormwater run-off on the premises, and stormwater should not be distributed on a public way.

[Amended 4-12-2022]

Surfacing. All off-street parking facilities shall be surfaced in accordance with the Town of East Longmeadow Department of Public Works (DPW) standards and specifications. The access driveways and parking areas for all business, commercial and industrial uses shall be surfaced with bituminous or cement material, according to established DPW standards and specifications.

[Amended 4-12-2022]

Joint-use parking. Joint use of off-street parking facilities is permitted, provided that the parking area is contiguous or within the same parcel of land to be occupied by a joint user's principal building and its accessory building(s). The area of such facilities shall not be less than the sum of the requirements of the various users computed in accordance with the specifications of this section.

Off-premises parking.

The use of off-premises parking facilities to meet the requirements of this section may be permitted in the Industrial District if access, egress and travel to and from the same, consistent with § 450-5.6, are provided.

A proposal to use such facilities must be approved in writing by the Planning Board and Town Engineer.

Any termination or reduction of use of such off-premises parking facilities so that minimum required parking spaces are not available in accordance with Subsection G (entries for "manufacturing and industrial establishment" and "warehouse or wholesale storage facility") hereof will constitute further use of the principal premises and buildings and constitute a violation of the Zoning Bylaw.

Multipurpose building. In the case of a building or structure to be devoted to more than one kind of use, the off-street parking spaces provided shall equal the total number which would be required in Subsection G, as if the uses were to be conducted in separate buildings.

Additional parking specifications for business, commercial and industrial uses.

Landscaping. There shall be 12% of the total parking and circulation area devoted to landscaping within the boundaries of the parking lot. In addition, there shall be at least a ten-foot landscaped buffer along the street lines, except to provide openings for reasonable access to the site. Such landscaping shall include, but not necessarily be limited to, the planting of grass, ground cover, flower beds, shrubs, hedges or trees. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance and free of refuse and debris. All plantings shall be arranged and maintained so as not to obscure the vision of traffic.

Lighting. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong, direct light beyond the property boundaries.

Minimum required parking spaces. In addition to parking requirements for specific uses found elsewhere in this bylaw, the following minimum required spaces shall be provided for the uses shown:

[Amended 4-12-2022]

Use	Required Spaces
Each single-family dwelling	1 parking space or garage
A project for the aged permitted under the Table of Use Regulations, Subsection B(3)[3]	Parking spaces for 75% of the number of units
Fraternity, sorority house or dormitory	1 parking space for each 4 persons residing on the premises
Hospital or sanitarium	1 parking space for every 2 beds, plus 1 parking space for every 2 employees on any 1 shift
Nursing home	1 parking space for every 3 beds, plus 1 parking space for every 2 employees on any 1 shift
Retail outlets and other similar uses	6 parking spaces for each 1,000 square feet of floor area. For upper floor or basement area used for office or sales purposes, additional parking shall be provided, amounting to 5 spaces per 1,000 square feet of such space.
Restaurants, clubs or similar facilities serving food or beverages (even when in conjunction with retail stores and the like)	1 parking space for each 3 seats
Theaters	1 parking space for each 3 seats
Professional and commercial offices	5 parking spaces for each 1,000 square feet of gross floor area on all floors, but in no case fewer than 10 spaces
Manufacturing or industrial establishment	1 parking space for every 2 employees on combined employment of the 2 largest shifts, plus space for visitor parking, company vehicles based at the facility and off-street parking
Churches	1 parking space for each 6 seats
Elderly residential permitted under § 450-5.1	Parking spaces for 75% of the number of units plus 1 parking space per person for 1/4 of the maximum total capacity of dining rooms, banquet rooms and meeting rooms available for non-tenants
Planned residential unit developments	2 parking spaces per dwelling unit, which may include garages
Planned adult residential developments	2 parking spaces per dwelling unit, which may include garages
Gas/Service station	3 parking spaces per service bay, but not less than 1 parking space per 100 square feet of gross floor area
Warehouse or wholesale storage facility	1 parking space for 3,000 square feet of gross floor area and/or lot area in such use
Used car lot	1 parking space for each employee; 1 parking space for each company vehicle; and 1 parking space for every 8 spaces devoted to sale or storage of cars

Editor's Note: Table 3-1, the Table of Use Regulations, is included as an attachment to this chapter.

Handicapped parking.

All parking areas shall provide handicapped-accessible parking spaces, as required by the Federal Americans with Disabilities Act (ADA), and as specified in Diagram 5.6-3,[4] except for the following uses, which are specifically exempted in ADA requirements:

Owner-occupied residential dwellings with no more than four units;

Single-family homes sold or rented without the use of a broker;

Housing operated by religious organizations and private clubs that limit occupancy to members.

Editor's Note: The diagram is included at the end of this section.

Accessible spaces shall be eight feet zero inches wide, with an adjacent access aisle five feet zero inches wide, and shall be marked with signs and pavement paint. One in every eight accessible spaces, but not less than one, shall have an access aisle eight feet zero inches (rather than five feet zero inches), and shall be signed "van accessible".

[Amended 4-12-2022]

Review procedure.

[Amended 11-14-2023]

The Planning Director will either:

Approve the parking plan based on the determination that the proposed parking plan meets all of the requirements of § 450-5.6.

Deny the parking plan based on a determination that either:

Insufficient information was submitted with the parking plan in order to adequately review the proposal; or

The project does not meet the requirements of § 450-5.6.

Refer the parking plan to the Planning Board subject to conditions, modifications and reasonable restrictions necessary to ensure compliance with the requirements of § 450-5.6. If the proposed parking plan includes an expansion of any parking lot by 10 or more parking spaces or conversion of any use resulting in the addition of 10 or more required parking spaces, the Planning Board must review the parking plan as part of the site plan review in conformance with Article IX.

The concurring vote of a majority (3/5) of the membership of the Planning Board shall be required for a decision on a parking plan. The Planning Board shall render a decision within 60 days from the date the parking plan was referred to the Planning Board by the Planning Director and shall file its written decision with the Department of Public Works and the Town Clerk.

Diagram 5.6-1 Minimum Parking Dimensions

Diagram 5.6-2 Dimensional Illustration of Parking Area

Diagram 5.6-3 Accessible Parking Spaces

(required minimum)

§ 450-5.7 Car service activities.

Public garages, automobile repair shops, storage battery service stations, gasoline filling stations, greasing stations or any of their appurtenances or accessory uses shall hereafter be erected not less than 100 feet from any Residence District. Such building shall have no entrances or exits for motor vehicles within a radius of 300 feet measured from the nearest point of such entrances or exits in any direction to the property of any school, library, church, playground, public building, park, recreation center, social or community center or any institution for the sick, handicapped or feeble. No public garages, automobile repair shops, greasing stations, storage battery service stations, gasoline filling stations or any of their appurtenances or accessory uses shall be placed so that their entrances or exits constitute a potential traffic hazard, and such entrances or exits to public ways of the Town of East Longmeadow shall be approved by the Department of Public Works as to locations and construction, and approved by the Planning Board as to their conformity with the intent and purpose of this bylaw. A plot plan for any such use as described herein shall require the approval signatures of the Town Manager, the Department of Public Works and the Planning Board prior to the issuance of a building permit or the occupancy or use of land for any of the purposes described in this subsection.

[Amended 4-12-2022]

Gasoline filling station.

Gasoline filling stations shall be permitted by right in the Business (BUS) and Industrial (I) Districts.

Additional general requirements. The following standards shall be used as additional standards for all gasoline filling stations:

Not more than 30,000 gallons of gasoline may be stored on the premises, with an additional allowable maximum storage of not more than 30,000 gallons of other types of motor fuel.

Other types of motor fuel may be stored on the premises, with a maximum storage of 15,000 gallons each of two types of fuel.

All fuel must be stored underground, and only nonpressurized (working pressure less than one pound per square inch gauge at the vent) storage will be allowed.

An enclosed greasing station for not more than three motor vehicles shall be permitted.

Car washing facilities.

Car washing facilities shall be permitted by special permit in the Business (BUS) and Industrial (I) Districts in accordance with the additional requirements specified herein.

[Amended 4-12-2022]

Additional general requirements. The following standards shall be used as additional standards for all car washing facilities:

Car washing facilities shall consist of no more than four open-ended bays, which shall be covered by a common roof. Each bay shall be separated from the others by a solid floor-to-ceiling, common interior wall.

There shall be a private water supply system located on the premises. Such system shall function independently of the Town water system.

The provisions of § 450-5.7 relating to public garages and other enumerated car service activities shall be applicable to car washing facilities.

§ 450-5.8 Signs.

General provisions.

[Amended 4-12-2022]

No exterior or ground sign shall be created, placed, erected, altered or enlarged until a building permit has been issued by the Building Commissioner, subject only to the exceptions in Subsection B(2), (4) and (5) below.

No sign shall incorporate or be lighted by flashing or blinking lights, light-emitting diode (LED) displays or be designed to attract attention by a change in light intensity or direction, or by repeated mechanical, electrical or computerized motion. All illumination shall have either a source of light from within or exterior to the sign, and such exterior lighting shall be limited to white in color. No changeable and/or graphic display is allowed on any sign. These restrictions do not apply to digital clocks and thermometers.

See Definitions, Article XI, including but not limited to the following: "ground sign"; "sign"; "sign, area of."

Residential districts. No sign shall be permitted in a residential district except:

A professional nameplate having an area of not more than 144 square inches, in connection with permitted uses.

A real estate sign having an area of not more than 10 square feet, advertising the sale, rental or lease of the premises on which it is placed.

A church and/or school sign, 20 square feet maximum area.

A contractor's lawn sign as outlined in Subsection J.

Temporary lawn signs for tag sales, elections or other nonprofit social events as outlined in Subsections J and K below.

Commercial District. Signs shall only be permitted in a Commercial (COM) District subject to the following conditions:

Location and size. All permitted signs shall be attached to a primary building. Attached signs may not exceed five feet in height nor 30 square feet in area, shall not project toward the street more than two feet and shall not extend vertically above the parapet or ridge line, subject only to the following exceptions:

One ground sign not to exceed 15 square feet in area nor exceeding 10 feet above ground, which sign shall comply with the setback and side yard requirements for a primary building; or

A sign for a building directory of occupants or tenants, not to exceed 40 square feet.

Number.

There shall not be more than one attached building sign per building occupant/commercial use.

A commercial building housing more than one occupant/commercial use is entitled to only one ground sign or one tenant directory sign.

Construction. No sign shall be painted or posted directly on the exterior surface of any wall, including windows and doors. All signs must be painted, posted or otherwise securely affixed to a substantial intermediary removable surface and such surface shall be securely affixed to a wall of the building. The foregoing, however, shall not prevent installation of a sign by individual letters or devices cut into or securely affixed to the exterior wall of a building, provided that such letters or devices have a minimum depth or projection of 1/4 of an inch. The material of the sign and intermediary surface and the manner of affixation of the sign to the intermediary surface and of the intermediary surface to the wall of the building shall be subject to the approval of the Building Commissioner for the purpose of protecting safety of the public.

Illumination. Signs may be illuminated, but shall be nonflashing, nonmoving, and nonanimated. If lighting is provided, the source of light shall be either from within or exterior to the sign and shielded so as to prevent direct glare from the light source onto any public street or onto any adjacent property; restrictions that pertain to movement do not apply to digital clocks and thermometers.

Signs must identify or otherwise relate to the primary building or tenants in such building, and may not be used for other purposes; except that on vacant lots, nonilluminated real estate signs having an area of not more than 20 square feet advertising the sale, rental or lease of the premises on which such signs are located are permitted.

Plans for all signs shall be submitted to the Building Commissioner for approval.

[Amended 4-12-2022]

Business District. Signs shall only be permitted in the Business (BUS) District subject to the following conditions:

Location. All permitted signs shall be attached to a primary building and shall not extend vertically above the parapet or ridgeline, subject to the following conditions:

A sign attached to a building shall be securely affixed to one of the walls or a roof of the building. If affixed to a wall, it shall be parallel with and not project more than 12 inches from the face of such wall and shall not project beyond the face of any other wall of the building. If affixed to the roof, it shall be parallel with the front wall of the building and shall not project beyond the face of any wall of the building. No sign, whether affixed to a wall or roof of a building, shall project above the highest line of the main roof of the building.

[Amended 4-12-2022]

Size. A sign attached to a building shall not be more in area than three square feet per linear foot of building front. A sign on the exterior wall of the first floor of a building may extend across the full width of the store wall, unless the store occupies the entire first floor of a detached building, in which event the sign may extend across not more than 3/4 of the width of the wall. The width of signs of stores occupying other than the first floor of a building shall not exceed three feet. No sign shall exceed 100 square feet in area.

Number.

Exterior wall signs. There shall not be more than one exterior wall sign for each business, except that if the business has a direct customer entrance in a wall other than the business front, there may be a second sign affixed to such wall, and if the store has a wall other than the store front with outside wall fronting on a street, there may be a second sign affixed to such wall, whether or not such wall contains an entrance to the store; provided, however, that no store shall have more than two secondary signs, in any event. The area of the secondary sign or signs shall not exceed 50% of the maximum permissible area of the sign on the storefront. In addition to the foregoing sign or signs, there may be one directory of the occupants or tenants of the building affixed to the exterior wall of the building at each entrance to the building. Such directory shall not exceed an area determined on the basis of 1/2 square foot for each occupant or tenant of the building.

Ground signs. Only one ground sign is allowed, subject to the following conditions:

This sign shall be placed so as to comply with the setback and side yard requirements for a primary building. The top of the sign shall not be more than 20 feet above the mean grade level of the building on the lot on which the sign is placed. Such sign shall not contain more than 50 square feet.

During the construction of a building, a ground sign may be erected on the premises identifying the building, the owner, the contractors, the architects or the engineers, but such sign shall not exceed 35 square feet in surface area. Such sign shall be removed promptly after the completion of the building.

A building housing more than one business is entitled to only one ground sign per the requirements set forth in Subsection D(3)(b)[1] above. Businesses sharing a common wall are considered to be housed in the same building.

The total area, in aggregate, of all signs, including ground sign, shall not exceed 100 square feet per business use.

Illumination. Moving and flashing signs are prohibited. No red or green lights shall be used on any sign if, in the opinion of the Building Commissioner, such lights would create a driving hazard. No sign may be illuminated between 12:00 midnight and 6:00 a.m. except signs identifying police or fire stations and such other signs as the Planning Board may specifically authorize to be illuminated at other hours, if the Board finds that the nature of the use of the premises is such that such illumination should be permitted in the public interest. The provisions of this subsection shall apply not only to exterior signs but also to interior signs that are designed or placed so as to shine through windows or doors of the building. If lighting is provided, the source of light shall be either from within or exterior to the sign and shielded so as to prevent direct glare from the light source onto any public street or onto any adjacent property. These restrictions do not apply to digital clocks and thermometers.

Gasoline and/or compressed natural gas (CNG) filling and/or electric charging stations and garages. Gasoline and/or CNG filling and/or electric charging stations and garages are limited to the following signs. They may, if they elect to do so, divide the one exterior sign affixed to the front wall of the building, to which they are entitled as hereinabove provided, into separate signs affixed to and parallel to such wall and indicating the separate operations or departments of the business; provided, however, that the total of the area of the separate signs shall not exceed the maximum area permitted under this bylaw for a single exterior sign on such wall. In addition, one sign conforming with the terms of Subsection D(3)(b), standing, indicating the company whose gasoline is being sold, may be erected of such type, in such location, and in such manner as the Planning Board may permit. The standard type of gasoline pump bearing thereon, in usual size and form, the name or type of gasoline and the price thereof shall not be deemed to be in violation of this bylaw. Temporary or movable signs of any and every type are specifically prohibited.

(8)

Window signs. Signs painted or placed on the inside of the glass of a window shall be permitted, provided that the aggregate area of such signs does not exceed 30% of the area of the window glass.

Industrial District. Signs shall only be permitted in an Industrial (I) District subject to the following conditions:

[Amended 4-12-2022]

Signs must identify or otherwise relate to the primary use of the building or tenants in such building and may not be used for other purposes (except that on vacant lots, nonilluminated real estate signs having an area not more than 35 square feet advertising the sale, rental or lease of the premises on which such signs are located is permitted).

One ground sign shall be permitted and shall conform to the setback, side yard and rear yard for the Industrial (I) District. The top of the sign shall not be more than 20 feet above mean grade of the building lot on which the sign is placed. Such sign shall not contain more than 50 square feet.

Signs may be illuminated, but shall be nonflashing, nonmoving and nonanimated. If lighting is provided, the source of light shall be either from within or exterior to the sign and shielded so as to prevent direct glare from the light source onto any public street or onto any adjacent property.

No sign shall have a square footage in excess of 5% of the square footage of the front elevation of the primary building, but in no case shall the square footage of the sign be required to be less than 100 square feet.

No sign shall project more than five feet above the roof level of the primary building.

Gasoline and/or compressed natural gas (CNG) filling and/or electric charging stations and garages. Gasoline and/or compressed natural gas (CNG) filling and/or electric charging stations and garages are limited to the following signs. They may, if they elect to do so, divide the one exterior sign affixed to the front wall of the building, to which they are entitled as hereinabove provided, into separate signs, affixed to and parallel to such wall and indicating the separate operations or departments of the business; provided, however, that the total of the area of the separate signs shall not exceed the maximum area permitted under this bylaw for a single exterior sign on such wall. In addition, one sign conforming with the terms of Subsection D(3)(b), standing, indicating the company whose gasoline is being sold, may be erected of such type, in such location and in such manner as the Planning Board may permit. The standard type of gasoline pump bearing thereon, in usual size and form, the name or type of gasoline and the price thereof shall not be deemed to be in violation of this bylaw. Temporary or movable signs of any and every type are specifically prohibited.

Industrial Garden Park District. Signs shall only be permitted in an Industrial Garden Park (IGP) District subject to the following conditions:

Signs must identify or otherwise relate to the primary use of the building or tenants in such building and may not be used for other purposes (except that on vacant lots, nonilluminated real estate signs advertising the sale of the lot on which they are located, and having an area of not more than 20 square feet, are permitted).

One ground sign shall be allowed to be placed no closer than 10 feet to the front property line. The top of the sign shall not be more than 20 feet above the mean grade level of the building on the lot on which the sign is placed. Such sign shall not contain more than 50 square feet and shall be used only to identify or otherwise relate to the primary use of the building or tenants in such a building and no other purpose. One freestanding sign, not exceeding an area of four square feet, located no nearer than 10 feet to any street or entrance drive curb, shall be permitted at each entrance drive into a site. Such signs shall not exceed an area of four square feet on any one side and a height of 10 feet to the top of the sign, measured from the pavement grade of the adjacent entrance drive.

No sign shall have a square footage in excess of 5% of the square footage of the front elevation of the primary building, but in no case shall the square footage of the sign be more than 100 square feet.

No sign shall project more than five feet above the roof level of the primary building.

Golf Recreational District. Signs shall only be permitted in a Golf Recreational District (GRD) District subject to the following conditions:

For a residential use, the provision of Subsection B shall apply.

For other golf recreational uses, the following provisions shall apply:

Only one ground sign is allowed, subject to the following conditions: This sign shall be placed so as to provide a setback and side yard of not less than 50 feet. The top of the sign shall not be more than 15 feet above the grade level below the sign. Such sign shall not be more than five feet from the base of the actual sign to the top of the actual sign, and shall not contain more than 50 square feet.

Signs attached to the primary building may not project toward the street more than two feet, may not exceed five feet in height from the base of the sign to the top of the sign, and may not exceed 50 square feet. The top of such sign shall not extend above the parapet or ridgeline.

Signs must identify or otherwise relate to the primary building or tenants of such building or the use to which such building is placed, and shall not be used for other purposes.

Plans for all signs shall be submitted to the Building Commissioner for approval.

[Amended 4-12-2022]

Nonconforming signs.

Any nonconforming sign, legally erected prior to the adoption of this bylaw or any amendment to this bylaw, may continue to be maintained and repaired. Such a sign shall not be enlarged, reinstated, altered or the copy and wording thereon may not be changed in any way other than normal maintenance and repair, unless it is brought into conformity with this bylaw.

[Amended 4-12-2022]

The exemption herein granted is terminated with respect to any sign which:

Shall have been abandoned;

Advertises or calls attention to any products no longer carried or sold at the premises, or any business or activities which are no longer carried on at the premises;

[Amended 4-12-2022]

Shall not have been repaired or properly maintained within 60 days after notice to that effect has been given by the Building Commissioner.

Maintenance. All signs, whether erected before or after the effective date of this bylaw, shall be maintained in a safe condition and in substantially the same condition when created, all to the satisfaction of the Building Commissioner.

Contractor's lawn signs. A contractor's lawn sign shall be one sign not exceeding six square feet in area, maintained on the premises while services of a contractor are in process, and containing information identifying the contractor. Such sign shall be removed upon completion of contractor's services. Only one contractor's sign is allowed on the premises at one time.

Political, message and/or nonprofit event lawn signs.

Election signs. Election signs shall be those signs pertaining to a candidate for election or a ballot question. Such signs shall be removed within two days after the election or vote. Each sign shall not exceed six square feet in size.

Message signs shall be those signs displaying a political, religious or other noncommercial free speech message other than that allowed under Subsection B. Each sign shall not exceed six square feet in size.

No political sign of any sort shall be placed on Town property.

Other nonprofit message signs, including tag sales, shall not exceed six square feet in area and must contain a date of the event. Such signs shall be displayed not more than two weeks prior to the event and must be removed within two days after the event.

Temporary banners of any size are not permitted unless approved by the Building Commissioner.

[Amended 4-12-2022]

§ 450-5.9 Swimming pools.

[Amended 4-12-2022]

All swimming pools must conform to the Massachusetts State Building Code (780 CMR).

Definition. As used in this section, the following terms shall have the meanings indicated:

FAMILY POOL

A swimming pool used or intended to be used by the owner or lessee thereof and the owner's family and by friends invited or permitted to use it without payment of any fee.

NEIGHBORHOOD POOL

A swimming pool not to exceed 24 feet by 52 feet, to be used by a nonprofit organization of not more than 25 families living in the immediate vicinity of the pool.

SWIMMING POOL

A body of water 18 or more inches in depth at any point in an artificial or semi-artificial receptacle or container, permanent or temporary, whether located indoors or outdoors, used or intended to be used for public, semi-public or private swimming by adults or children or both, whether or not any charge or fee is imposed for such use, and includes all structures, appurtenances, equipment, appliances, and all other facilities appurtenant to or intended for the operation and maintenance of a swimming pool, and also all pools operated and maintained in conjunction with or by clubs, community associations, and hotels.

Restrictions and exceptions.

The family pool and neighborhood pool, in accordance with the Table of Use Regulations, Subsection G(6) and (7),[1] are the only pools permitted in Residence Districts. All swimming pools shall conform to the accessory building setback, side yard and rear yard requirements of the district in which located, except that fencing around neighborhood pools shall conform to the principal building's setback, side yard and rear yard requirements of the district in which they are located.

Editor's Note: Table 3-1, the Table of Use Regulations, is included as an attachment to this chapter.

Exception. The following special exception may be granted by the Board of Appeals after a public hearing and subject to the approval of the abutting landowners:

A neighborhood pool shall be operated under a set of bylaws which include safety rules, limited guest privileges, as well as regulations to keep the use of said pool from becoming objectionable to the abutters and neighbors or a general nuisance.

The fence surrounding the pool shall be not less than six feet in height and in all other respects shall conform to the regulations set down under Subsection E, Safety devices. Such fence shall conform to the setback, side yard and rear yard requirements for a primary building for the district in which the pool is located.

Sufficient provisions shall be made on the property in which the pool is located for off-street parking for all members or their guests.

§ 450-5.10 Churches and buildings for educational purposes.

It shall also be required that neighborhood pools whose organizations decide at any time to disband shall be completely filled in before such organization is disbanded. Any of the membership in such organization can be or will be held responsible personally for the fulfillment of this requirement should the organization disband without satisfactory completion of this requirement.

Board of Health construction permit and approval. Before work is commenced on the construction of a swimming pool, neighborhood pool or family pool or on any alteration, addition, remodeling or other improvement to a swimming pool, neighborhood pool or family pool, an application for a permit to construct or erect, and the plans and specifications and pertinent explanatory data for same shall be submitted to the Board of Health for its approval; and no part of the work shall be commenced until the Board of Health has granted such approval by a written permit to construct and has further evidenced its approval by a suitable endorsement upon such plans and specifications. Such plans and specifications shall conform to the provisions of Article VI of the State Sanitary Code.

Lighting. Artificial lighting of the pool shall be shaded and directed in such a manner as to limit the lighting to the actual area of the pool, and shall in no way constitute a nuisance.

Safety devices. All swimming pools, neighborhood pools, family pools, wading pools, fish ponds or other bodies of water which constitute an obvious hazard and which are artificial or semi-artificial in their nature and which contain more than 18 inches of water in depth at any point shall be enclosed by a fence sufficient to make such body of water inaccessible to small children. Such enclosure, including gates, must not be less than four feet above the underlying ground. All gates must be self-closing and self-latching with latches placed four feet above the underlying ground or otherwise made inaccessible from the outside to small children. Such fence shall be constructed in such a manner that no holes or gaps exist larger than four inches in any dimension, except through the doors or gates. If a picket fence is used, the minor dimension shall not be more than four inches. No fence shall be built in such a manner so as to render it easy to climb. A dwelling or accessory building may be used as part of such enclosure. In addition, the wall of the container or receptacle or other structure may be considered to be part of the enclosure if it is completely above the underlying ground adjacent to the swimming pool, family pool or wading pool. If it is not completely above the underlying ground, fencing or other additional obstruction shall be provided that will give protection equal to the wall of the container. In cases where access to the pool is through ladders, stairs, steps or other such structures, provision must be made to obstruct or otherwise prohibit entry into the pool by use of such structures, when the pool is not in use. These requirements shall be applicable to all swimming pools, neighborhood pools or family pools hereafter constructed, other than indoor pools, and shall apply to all outdoor pools. No person in possession of land within the Town having a swimming pool, neighborhood pool or family pool having a depth in excess of 18 inches shall fail to provide and maintain such fence or wall as herein provided. The Board of Health shall allow a reasonable period within which to comply with the requirements of this subsection.

Permit. No person shall operate or maintain a swimming pool, neighborhood pool or family pool until a permit therefor shall have been issued by the Board of Health, which permit shall be valid unless revoked. All permits shall be in writing and shall state the conditions thereof. The Board of Health is hereby authorized to promulgate rules and regulations for the construction, operation and maintenance of swimming pools, neighborhood pools and family pools for the protection and promotion of the public health, safety, morals and public welfare. Any permit granted by the Board of Health hereunder may be revoked by it for failure to comply with its rules and regulations promulgated hereunder or whenever, in the determination of the Board of Health, further operation under such permit creates a menace to the health, safety or morals of the users of the swimming pool, neighborhood pool or family pool. No appeal under this subsection shall entitle the permit holder to continue the operation of the swimming pool, neighborhood pool or family pool pending action under an appeal.

Inspection. The Board of Health may inspect or cause to be inspected all swimming pools, neighborhood pools or family pools within the Town at such times as it may deem necessary to carry out the intent of this bylaw. The Board of Health is hereby authorized to enter upon any premises, private or public, to take such samples of water from such pools at such times as it may deem necessary and to require the owner, proprietor or operator to comply with the rules and regulations pertaining to swimming pools, neighborhood pools or family pools promulgated by the Board of Health in accordance with this bylaw. In the event of failure of compliance after due notice by the Board of Health, the Board of Health shall have the power to abate or cause a suspension of such swimming pool, neighborhood pool or family pool permit until such time as the same is, in the opinion of the Board of Health, no longer a menace or a hazard to health, safety or morals.

Protection of property rights. No swimming pool, neighborhood pool or family pool shall be so located, designed, operated or maintained as to interfere unduly with the enjoyment of their property rights by owners of property adjoining the swimming pool, neighborhood pool or family pool or located in the neighborhood of such swimming pool, neighborhood pool or family pool. It shall be unlawful for any person to make, continue or cause to be made or continued at any swimming pool, neighborhood pool or family pool any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. In the operation of a swimming pool, neighborhood pool or family pool, the use or permitting the use or operation of any radio, television, receiving set, musical instruments, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the swimming pool, neighborhood pool or family pool shall be unlawful. Any commercial undertaking at any swimming pool, neighborhood pool or family pool is expressly prohibited.

Swimming pools, public or semi-public. In addition to compliance with the above bylaw, any swimming pools for public or semi-public use, or any neighborhood pools, shall be required to conform with any special requirements of the Board of Health, these special requirements to be determined by the nature and proposed use and utilization of said pool.

In Residence Districts, churches and buildings for educational purposes. Any use of land for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, or by a religious sect or denomination, or by a nonprofit educational corporation or any public library or museum is exempt from special permits but is subject to the general standards and conditions enumerated in § 450-8.3 and the following specific standards and conditions:

Lot coverage by buildings, structures, parking and driveways shall not exceed 60% of the lot area.

Dimensions of the following shall be increased over those of the highest abutting Residence AA, A, B or C District by the percentages given below:

Lot area and lot width: by 100% greater.

Setback, side and rear lot width: by 40% greater.

§ 450-5.11 Accessory dwelling units (ADUs).

Building height: by 10 feet or one story greater.

Parking shall be provided in accordance with the requirements of § 450-5.6 of the Zoning Bylaws, and there shall be no parking or access driveways closer than 25 feet to a Residence District boundary.

The entire length of side and rear yards abutting a Residence District shall be landscaped for a depth of 20 feet from the lot line.

[Added 2-11-2025]

Purpose. This section addresses the necessary permitting path and design requirements for accessory dwelling units, known as "ADUs," in order to site these buildings in an appropriate manner for the community.

Terms defined.

ACCESSORY DWELLING UNIT (ADU)

An accessory building or addition containing a housing unit inclusive of sleeping, cooking and sanitary facilities on the same lot as a single- family dwelling. An ADU maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress. An ADU is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller. ADUs are incidental and subordinate to the primary building. An ADU cannot exist without a single-family dwelling on a lot.

ATTACHED ADU

An ADU which is an addition to an existing single-family dwelling and has its own separate entrance. Attached ADUs may also have internal entryways which connect the single-family dwelling to the ADU.

CONTAINED ADU

An ADU which is contained entirely within an existing or new single-family dwelling and requires no significant external changes to the dwelling or site beyond entrances and windows required by the building code.

DETACHED ADU

An ADU that is a freestanding and detached building which is incidental and subordinate to the primary dwelling. Detached ADUs may either be the product of new construction or an existing accessory building or structure which is converted into an ADU.

Applicability.

ADUs are allowed by right in the Residence AA, A, B, and C Zoning Districts and are permitted in the following ways:

All ADUs (attached, contained, and detached) shall require a building permit.

Detached ADUs further require site plan review approval by the Planning Board. Detached ADUs are not eligible for site plan review waiver.

ADUs shall not be larger in gross floor area than 1/2 the gross floor area of the primary dwelling or 900 square feet, whichever is smaller.

ADUs shall only be placed on residential lots which have a single-family dwelling on them.

No more than one ADU shall be placed on a lot.

A mobile home or any other temporary structure is prohibited from being used or classified as an ADU.

General requirements.

All ADUs shall meet the requirements of the following regulations under Massachusetts State Law:

Massachusetts State Building Code (780 CMR, as amended).

State Sanitary Code (105 CMR 410, as amended).

Title V of the State Environmental Code (310 CMR 15.000, as amended).

Any other relevant local, state, and federal regulations.

ADUs shall have the appropriate facilities, including (but not limited to) kitchens, bathrooms (with a sink, toilet, and shower), potable water source, plumbing connections, hot water, functional heating system, proper ventilation, working electricity, and operable windows.

ADUs shall not be sold or transferred separate and apart from the primary dwelling. The primary dwelling and the ADU shall remain in common or single ownership.

Attached and contained ADUs shall maintain a separate entrance directly to the outside.

ADUs shall be suitable for human habitation all year round and meet the minimum standards of the State Sanitary Code (105 CMR 410, as amended).

Occupancy of an ADU shall be limited to what is allowable under the Massachusetts State Building Code (780 CMR, as amended) and the State Sanitary Code (105 CMR 410, as amended).

ADUs shall comply with 105 CMR 410.354 (as amended) regarding metered electrical connections.

(8)

ADUs shall not be used as a short-term rental.

(9)

One off-street parking spot shall be provided for an ADU.

(10)

The ADU shall have a separate address from the primary dwelling for the purposes of receiving mail and deliveries. An ADU may have the same street number as the primary dwelling and be followed by an alphanumeric character (ex. 121A, 121B). Both dwelling units shall be easily distinguishable and properly numbered from the street in order for emergency services to identify each building.

(11)

An ADU shall have separate trash and recycling receptacles from the primary dwelling and must comply with Board of Health requirements.

(12)

In order to encourage the development of ADUs for disabled and handicapped individuals and persons with limited mobility, the permit granting authority may allow reasonable deviation from the dimensional requirements of the Zoning Bylaw (where necessary) to install features that facilitate access and mobility for disabled persons.

(13)

Detached ADUs.

A detached ADU may either be the result of new construction or the rehabilitation/conversion of an existing accessory building or structure. The rehabilitated/converted building or structure shall abide by the provisions of this section (§ 450-5.11) in order to be considered an ADU.

Detached ADUs shall have separate water and sewer connections from the primary dwelling, and shall adhere to the DPW water and sewer regulations.

Detached ADUs shall meet all primary building setback requirements for the district in which it is located. (See Table 3-2, Dimensional Regulations.[1])

Editor's Note: Table 3-2 is included as an attachment to this chapter.

Detached ADUs that may require a separate curb cut and driveway shall adhere to the DPW curb cut regulations and gain the necessary approvals.

Detached ADUs shall adhere to the height requirement for the district in which it is located.

(f)

There shall be no occupancy of a detached ADU until the Building Commissioner has issued a certificate of occupancy.

Review process.

Attached and contained ADUs.

Attached and contained ADUs shall require a building permit and must conform to § 450-5.11D.

Detached ADUs.

Detached ADUs shall require a building permit, site plan review approval, and must conform to § 450-5.11D.

The applicant for a detached ADU shall furnish a site plan that conforms to the requirements under §§ 450-9.4 and 450-5.11D.

The provisions of §§ 450-9.5, 450-9.6, 450-9.7, and 450-9.8 shall apply to the permitting of detached ADUs.

In accordance with § 450-9.3, no building permit for a detached ADU may be issued until a site plan has been endorsed by the Planning Board.

Enforcement.

The Building Commissioner, or their designee, shall administer and enforce the provisions of this section as detailed in § 450-7.1.

No building shall be constructed or changed in use or configuration until the Building Commissioner has issued appropriate building permits.