A. 
Findings; procedures. The SPGA or, where there is no special permit required, the Planning Board shall review site plans for development prior to approval of application for building permits for all uses specified in § 5.1, Use regulations, and which involve six or more parking spaces; to make findings and determinations in regard to such cases in conformity with § 3.2 of this bylaw. In such cases, the permitted use shall be allowed only if the SPGA or, where there is no special permit required, the Planning Board makes a finding and determination that the placement of existing and proposed buildings, existing and proposed topography, structure, parking spaces, loading areas, driveway openings, driveways, service areas, other open uses, park or recreation area and screening, all facilities for water, sewage, refuse and other waste disposal and for surface water drainage, storm drainage and all landscape features (such as walks, fences, walls, planting areas and greenbelts) will constitute a suitable development and will not result in substantial detriment to the neighborhood.
B. 
No building located in any district, except residential districts within 2,500 feet of the Rotary, or no building if involving six or more parking spaces shall be erected or externally enlarged, and no area for roadways, parking, loading or open space shall be established or changed on land developed under the provisions of this section except in conformity with a site plan bearing the endorsement of approval of the SPGA or, where there is no special permit required, the Planning Board. No certificate of zoning compliance shall be issued for any such building or buildings unless the same conforms in all respects to such site plan and unless all facilities included in the site plan have been built in accordance therewith.
C. 
No building in any district, except in residential districts within 2,500 feet of the Rotary, shall be erected except as provided in § 3.6 of this bylaw. No building in any district, except residential districts within 2,500 feet of the Rotary, shall be externally altered except in conformance with design review approval prior to issuance of any required permits.
D. 
Single- and two-family residential uses shall be exempt from this section. Buildings where external changes are not proposed are exempt from the provisions of this section.
E. 
In addition to the requirements of this article, the procedures for review and approval of site plans shall be as provided in the Town of Westborough Site Plan Review Rules and Regulations adopted by the Planning Board July 16, 2019, as amended.
The SPGA or, where there is no special permit required, the Planning Board shall only approve a site plan upon a determination that, at a minimum, the following have been satisfied. In addition to these items, the Planning Board shall establish, after a public hearing, rules and regulations concerning the procedure for and content of an application for site plan review. These rules and regulations shall be effective on the date the SPGA or, where there is no special permit required, the Planning Board files them with the Town Clerk.
A. 
Internal circulation and egress are such that traffic safety is protected, and access via minor streets servicing single-family homes is minimized and the convenience and safety of vehicular and pedestrian movement in relation to adjacent streets and intersections are protected;
B. 
Visibility of parking areas from public ways is minimized;
C. 
Adequate access to each structure for fire and service equipment is provided, based on the functional standards of the Planning Board's Subdivision Regulations;
D. 
Utilities and drainage in the vicinity either are or will be made adequate, based on the functional standards of the Planning Board's Subdivision Regulations;
E. 
Lighting of parking areas avoids glare on adjoining properties;
F. 
Major topographic changes or removal of existing trees is minimized;
G. 
In or abutting residential districts, effective use is made of topography, landscaping and building placement to maintain, to the degree feasible, the character of the neighborhood;
H. 
Parking requirements of § 8.1 have been satisfied;
I. 
Provisions of the Wetlands Protection Act (MGL c. 131, § 40) will be satisfied if applicable;
J. 
All other requirements of the Zoning Bylaw have been satisfied;
K. 
Estimated wastewater effluent in gallons per day and type of effluent is provided with the site plan application.
Plans subject to site plan review shall show the boundaries of the lot, existing and proposed topography, existing buildings and proposed buildings, structure, parking, park or recreation area, screening, water, sanitary sewerage, storm drainage, loading areas, driveway openings, driveways, service area and landscape features (such as walls, fences, walks, planting areas and greenbelts).
A person applying for site plan review shall file an application with the appropriate SPGA or, where there is no special permit required, the Planning Board. Such application and site plan shall include the elements on which the SPGA or, where there is no special permit required, the Planning Board is to make a finding and determination, as provided in § 3.1, and shall also include information as to the nature and extent of the proposed use of buildings, and such further information in respect to such elements and use required in §§ 5.1, 5.3 and 5.4, if applicable. In subsequent application concerning the same subject matter, the Board may waive the filing of plans and documents to the extent they duplicate those previously filed.
A. 
The SPGA or, where there is no special permit required, the Planning Board shall not make a finding and determination upon an application until it has received the final reports of the appropriate department and/or boards. The applicant for a site plan review shall make a presentation to the Select Board, prior to the public hearing with the SPGA or, where there is no special permit required, the Planning Board. Following the presentation to the Select Board, the Select Board shall submit its report to the SPGA or, where there is no special permit required, to the Planning Board. The report shall be included in the final determination of site plan review.
B. 
The SPGA or, where there is no special permit required, the Planning Board shall hold a public hearing within 65 days of the appropriate SPGA accepting a completed application which meets all of the criteria required by the Zoning Bylaw, including the payment of any fees established by the SPGA or, where there is no special permit required, the Planning Board, and shall take action within 30 days of the hearing, it nonetheless being the intention of this bylaw that the SPGA or, where there is no special permit required, the Planning Board shall act as expeditiously as is practical on such application.
(1) 
Such final action shall consist of either:
(a) 
A finding and determination that the proposed construction, reconstruction, substantial exterior alteration, or addition will constitute a suitable development and will not result in substantial detriment to the neighborhood; or
(b) 
A written denial of the application for such finding and determination, stating the reasons for such denial, which reasons shall include a statement of the respect in which any elements in and particular features of the proposal are deemed by the Board to be unsuitable or detrimental to the neighborhood.
(2) 
A finding and determination may be made subject to such reasonable conditions, modifications and restrictions set forth therein as the Board may deem necessary to ensure that the proposed construction, reconstruction, substantial exterior alteration or addition will constitute a suitable development and will not result in substantial detriment to the neighborhood.
(3) 
In the event that no action is taken by the SPGA or, where there is no special permit required, the Planning Board on or before the thirty-day period, it shall be deemed that the site plan is approved.
C. 
In the event that the SPGA or, where there is no special permit required, the Planning Board approves a site plan under these provisions, any construction, reconstruction, substantial exterior alteration or addition shall be carried on only in conformity with any conditions, modifications and restrictions subject to which the Board shall have made its findings and determination, and only in conformity with the application and site plan on the basis of which the finding and determination are made.
A. 
Purpose.
(1) 
It is the intent of this section to provide detailed review of exterior structural design and/or exterior alterations having substantial impact on any district, except residential districts within 2,500 feet of the Rotary, to prevent blight; to enhance the natural and aesthetic qualities of the Town; to preserve the value of land and buildings; and to protect and preserve the historic and cultural aspects and heritage of the Town.
(2) 
Within (the) downtown Westborough, design review approval shall be by the Design Review Board and its procedural requirements and design criteria of § 3.6D.
B. 
Design Review Board.
(1) 
The Design Review Board shall be appointed annually by the Planning Board and shall consist of five residents of the Town with the following credentials, if possible:
(a) 
Chair of the Planning Board or his/her designee;
(b) 
One person qualified by training and experience in architecture or landscape design;
(c) 
One person owning business property in the area governed by this bylaw;
(d) 
One person qualified by training and experience in the graphic arts or design professions;
(e) 
One member of the Historic Commission.
(2) 
The Planning Board may also appoint up to two voting alternate members who shall be citizens at large. At least one of these alternates shall be a business owner in the area governed by this bylaw.
C. 
Applicability and authority.
(1) 
The Design Review Board shall review applications for design review, as appropriate, submitted pursuant to Article 2 and Article 3. It shall evaluate such requests based on design criteria in Subsection D below. Its written findings shall be submitted to the applicant, along with any recommendations and conditions required for approval, within 30 days of the request for design revisions. Such findings shall contain explanation and rationale as appropriate. Conditions of approval shall be to the appropriate permitting advisory authority.
(a) 
Organization and proceedings. The Design Review Board shall elect from among its members a Chair, Vice Chair and Clerk. The Design Review Board shall adopt such rules and guidelines as are considered necessary to the conduct of its responsibilities, which shall be a matter of public record. The Board shall keep records of its proceedings and the final decisions of the Board. Records shall also be kept of all plans, photographs and any other documents pertaining to each case, as well as all examinations, findings determinations, and any other official action, including all reasons for all decisions and conditions prescribed; and all such items shall be a matter of public record. Decisions of the Design Review Board shall be by a simple majority, and no final action shall be taken without the concurrence of at least a majority of the members.
(b) 
Duties and procedures of Design Review Board. Whether or not requested by the applicant, the Design Review Board shall review applications for building permits, site plan review, special permits or variances for all proposals for any district, except residential districts within 2,500 feet of the Rotary, if involving new construction or exterior alteration. A copy of all usual submittals required for such proposals shall be provided through the Building Commissioner. The Design Review Board review shall preferably be done in consultation with the applicant or their designer. The Design Review Board shall make (an advisory) a report, in writing, to the applicant as follows:
[1] 
Building permits. To the Building Commissioner regarding any exterior design changes.
[2] 
For site plan review. To the site plan review authority regarding the effect of the design on abutters and the neighborhood.
[3] 
For special permits. To the SPGA regarding effect of the amenity on the neighborhood.
[4] 
For variances. To the Zoning Board of Appeals regarding possible detriment to the public good or derogation from the intent or purpose of the bylaw.
(2) 
Lack of a report from the Design Review Board shall not be sufficient reason to delay action on a proposal which otherwise could be acted upon by the Building Commissioner, site plan review authority, SPGA, or Zoning Board of Appeals.
D. 
Design criteria. The Design Review Board shall review requests for external alterations and new construction. Designs shall comply with all the requirements of the appropriate permitting authority. In addition, where appropriate, designs as required by the permitting authority shall comply with the following criteria:
(1) 
Plans. Submittals shall include structural footprint and architectural elevations of all proposed buildings. Plans shall provide details responding to all elements outlined in Subsection D(3) below, and all other elements of the proposal as shall be requested by the Design Review Board.
(2) 
Preservation and enhancement of landscaping. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal; and any grade changes shall be in keeping with the general appearance or neighboring development area. Scenic views, if any, visible from public ways should be preserved to the degree reasonably consistent with the given type and scale of use.
(3) 
Relation of buildings to environment. The proposed development shall be related harmoniously to the terrain and to the design, scale, and architecture of existing buildings in the surrounding area that have visual relationship to the proposed buildings, insofar as practical. Proposed buildings shall be related to their surroundings with respect to:
(a) 
Street facade and exterior walls visible from public ways.
(b) 
Variations and breaks in wall and/or roof planes.
(c) 
Materials, textures and color.
(d) 
Roof slopes and materials. The appearance of primary wall and roof materials should match, to a degree reasonably consistent, that of materials commonly found on existing buildings within the Westborough downtown.
(e) 
Scale. Domestic scale should be produced through massing devices such as breaks in wall and roof planes and through design of architectural features.
(f) 
The building should not be made, in effect, a sign, through painting with bold patterns, checks, logos or other graphic devices, use of lighting or use of unconventional building form.
(g) 
External lighting.
(h) 
External windows.
(4) 
Open space. All open space, landscaped and usable, shall be designed to add to the visual amenities of the area by maximizing, insofar as practical, its visibility for persons passing the site or overlooking it from nearby properties.
(5) 
Heritage. Proposals to remove or disrupt historic or traditional structures, or architectural elements shall be minimized.
(6) 
Cost. The Design Review Board shall be obligated to be sensitive to potential financial burden to the applicant.
E. 
Design guidelines.
(1) 
The Design Review Board shall make available to the public, as part of the building permit package, a booklet of guidelines based on the specific design criteria cited above to carry out the purposes of this section.
(2) 
The Design Review Board shall adopt such recommendations and guidelines as are considered necessary to the conduct of its responsibilities, which shall be a matter of public record.