Article 4 Zoning Districts

All areas zoned business lying within 2,500 feet of the intersection of the center lines of Milk, Main and South Streets.

§ 4.3 Aquifer and Watershed Protection District.

To be established by vote of Town Meeting only on land owned by the Commonwealth of Massachusetts, the Town of Westborough, one of their agencies, or land on which the Conservation Commission holds a Conservation Restriction under Sections 31 to 33, Chapter 184, General Laws.

§ 4.2 Official Zoning Map.

The boundaries of these districts are defined and bounded on the latest adopted revision of the "Zoning Map of the Town of Westborough, Massachusetts," being hereby declared to be a part of this bylaw.

Dimension lines. Except when labelled to the contrary, boundary or dimension lines shown approximately following or terminating at street, railroad, or utility easement center or layout lines, boundary of lot lines, or the channel of a stream, shall be construed to be actually at those lines; when shown approximately parallel, perpendicular, or radial to such lines shall be construed to be actually parallel, perpendicular, or radial thereto. When not locatable in any other way, boundaries shall be determined by scale from the Zoning Map.

Split lots. Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for any district in which the lot has frontage on a street may be extended not more than 30 feet into the other district.

Purpose of district. The purpose of this Aquifer and Watershed Protection District is:

To promote the health, safety and general welfare of the community by promoting an adequate quality and quantity of drinking water for residents, institutions, and businesses of the Town of Westborough;

To preserve and maintain the existing and potential groundwater supplies, aquifers and groundwater recharge areas of the Town and to protect them from adverse development or land use practices;

To preserve and protect present and potential sources of drinking water supply for the public health and safety;

To conserve the natural resources of the Town;

To prevent blight and the temporary or permanent pollution of the environment;

To ensure that only water supply related activities are permitted in the Zone I 400-foot protective radius of the Town wells.

Scope and authority. The Aquifer and Watershed Protection District shall be considered as overlaying other zoning districts. All new construction, reconstruction, or expansion of existing activities or uses permitted in the portion of the district so overlaid shall be permitted, subject to all the provisions of this district, unless expressly prohibited under this overlay district.

Establishment and delineation of Aquifer and Watershed Protection District. For the purposes of this district, there are hereby established within the Town certain aquifer and watershed protection areas, consisting of aquifer and/or aquifer recharge areas, which are delineated on the overlay map referenced in § 4.3C(2).

District. The Aquifer and Watershed Protection District includes the aquifer itself, including the land above the most significant recharge areas for these aquifers and consists of:

Zone I, which includes land within the protective 400-foot radius around an existing or potential public water supply well or wellfield; and

Zone II, which includes that area of an aquifer which contributes water to an existing or potential well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield, with no recharge from precipitation). It is bounded by the groundwater divides which result from pumping the well and by the contact of the aquifer with less permeable materials such as till or bedrock. In some cases, streams or lakes may act as recharge boundaries. In all cases, Zone II shall extend up gradient to its point of intersection with prevailing hydrogeologic boundaries (a groundwater flow divide, a contact with till or bedrock, or a recharge boundary); and

Zone III (contributing watershed), which includes that land area beyond the area of Zone II from which surface water and groundwater drain into Zone II. The surface drainage area as determined by topography is commonly coincident with the groundwater drainage area and is used to delineate Zone III. In some locations, where surface water and groundwater drainage are not coincident, Zone III shall consist of both the surface drainage and the groundwater drainage areas.

Overlay map. The boundaries of this district are delineated on a map at a scale of one inch equals 800 feet, entitled "Aquifer and Watershed Protection Districts, Town of Westborough, Massachusetts," dated January 2001. These boundaries reflect the best hydrogeologic information available as of the date of the map. In the event of a discrepancy between the map and the criteria of Zones I, II and III, above, the criteria shall control.

Where the bounds as delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located. At the request of the owner(s), the Town may engage a professional hydrogeologist or engineer to determine more accurately the location and extent of an aquifer or recharge area or to review information submitted by the owner(s), and may charge the owner(s) for all or part of the cost of the investigation.

Split lot provisions.

Zone I boundary line. Where the Zone I boundary line divides any lot of record, the portion of the lot within Zone I shall remain undeveloped with the exception of the land uses directly related to the operation and maintenance of a public water supply, and the uses and regulations pertinent to Zone II shall be applied to the development of the remainder of such lot.

Zone II boundary line. Where the Zone II district boundary line divides any lot of record, the uses and regulations pertinent to Zone III shall be applied to the development of such lot, provided that all structures and waste disposal systems are located in that portion of the lot lying in Zone III.

Zone III boundary line. Where the Zone III boundary line divides a lot of record in any underlying district, the requirements of the Westborough Zoning Bylaw applicable to the less restrictive district may be applied to the development of such lot, provided that all structures and waste disposal systems are located in that portion of the lot lying in the less restrictive district.

Recoverable water yield criteria. Aquifers and aquifer recharge areas are defined by standard geologic and hydrogeologic investigations which may include drilling observation wells, performing pumping tests, water sampling and geologic mapping. An aquifer recharge area, to be considered significant for drinking water purposes, must generally be comprised of sand and gravel with at least 20 feet of saturated thickness for transmissivity of at least 10,500 gallons per day per foot and/or capable of continuous yield of at least 100 gallons per minute to a single well.

Use regulations. Within the Aquifer and Watershed Protection District, the requirements of the underlying districts continue to apply as indicated in § 4.3D(1) and § 4.3D(2), Use Regulation Schedule, or as exempted by this bylaw or statute.

Symbols employed shall mean the following:

Y - A permitted use

N - An excluded or prohibited use

S - A use authorized by the issuance of a special permit as provided for in §§ 2.3C and 4.3E herein

Permitted uses. The following uses are permitted within the Aquifer and Watershed Protection District (provided that all necessary permits, orders, or approvals required by law are also obtained):

Conservation of soil, water, plants and wildlife;

Outdoor recreation, native study, boating, fishing, hunting;

Foot, bicycle and/or horse paths, and bridges;

Normal operation and maintenance of existing water bodies and dams, splashboards, and other water control, supply and conservation devices;

Maintenance and repair of existing structures;

Residential development, subject to § 4.3D(2) (Use Regulation Schedule) and § 4.3E (special permits);

Farming, gardening, nursery, conservation, forestry, harvesting, grazing, subject to § 4.3D(2) and E.

Construction, maintenance, repair and enlargement of drinking water supply related facilities.

Use Regulation Schedule.

Type of Use		District Protection Area
Principal Uses		Zone I	Zone II	Zone III
Disposal or treatment of toxic or hazardous materials or hazardous wastes as a principal activity		N	N	N
Manufacture, use, transport, storage of toxic or hazardous materials or hazardous wastes as a principal activity		N	N	N
Truck terminal		N	N	S
Sanitary landfill, junkyard, open dump, salvage yard, other solid waste disposal		N	N	N
Landfilling of sludge or septage as defined in 310 CMR 32.05		N	N	S
Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31		N	N	S
Earth removal to within six feet of high-groundwater level, except for excavation for buildings, roads, and utility works		N	N	S
Motor vehicle service, station, car wash		N	N	S
Automobile service and repair shops, automotive body and paint shops		N	N	S
Disposal of snow from outside district area		N	N	S
Storage of commercial fertilizers and soil conditioners, as defined in MGL c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate		N	N	S
Industrial uses which discharge process wastewater on-site; any commercial and service uses discharging wastewater on-site containing contaminants other than domestic septic waste		N	N	S
Storage of liquid petroleum products, except the following:
a.	Normal household use, outdoor maintenance and heating of a structure
b.	Waste oil retention facilities required by statute, rule, or regulation
c.	Emergency generators required by statute, rule or regulation
d.	Treatment works approved under 314 CMR 5.00 for treatment of groundwater or surface waters
Provided that storage, listed in items a through d above, is in freestanding containers within buildings or above the ground with secondary containment adequate to contain a spill the size of the container's total storage capacity		N	N	S
Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate		N	N	S
Storage of animal manure unless covered or contained		N	N	S
Accessory Uses or Activities		Zone I	Zone II	Zone III
Disposal or treatment of toxic or hazardous materials as a secondary activity		N	N	N
Manufacture, use, transport, storage of toxic or hazardous materials as a secondary activity		N	N	S
Sanitary landfill, junkyard, open dump, salvage yard, other solid waste disposal		N	N	N
Landfilling of sludge or septage as defined in 310 CMR 32.05		N	N	S
Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31		N	N	S
Storage of liquid petroleum products except the following:
a.	Normal household use, outdoor maintenance, and heating of a structure
b.	Waste oil retention facilities required by statute, rule, or regulation
c.	Emergency generators required by statute, rule, or regulation
d.	Treatment works approved under 314 CMR 5.00 for treatment of groundwater or surface waters
Provided that storage, listed in items a through d above, is in freestanding containers within buildings or above the ground with secondary containment adequate to contain a spill the size of the container's total storage capacity		N	N	S
Underground storage of fuel oil, gasoline or chemicals		N	N	S
Disposal of snow from outside district area		N	N	S
Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate		N	N	S
Storage of animal manure unless covered or contained		N	N	S
Storage of commercial fertilizers and soil conditioners, as defined in MGL c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate		N	N	S
Land uses that result in impervious surfaces of more than 15% or 2,500 square feet, whichever is greater, of any lot unless a means for providing groundwater recharge of runoff is provided. Land uses on residential lots where impervious surfaces drain to pervious areas on the same lot do not require special permits in Zone II.		N	S	Y

Special permits shall be granted if the SPGA determines that the intent of this bylaw, as well as the specific criteria of § 4.3E(1) through (3) are met. The SPGA shall be the Zoning Board of Appeals, except that, where a special permit is required by § 5.1C (Use Regulation Schedule), the SPGA authorized by that section shall also be the SPGA for the special permit required herein. In making such determination, the SPGA shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree of threat to surface water and groundwater quality which would result if the control measures were to fail. The SPGA shall not grant a special permit under this section unless the application includes, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the criteria given in this section.

Special permit application.

Each application for a special permit shall be filed with the SPGA and shall be accompanied by nine copies of the plan and documents;

Said application and plan shall be prepared in accordance with the data requirements of the proposed development (e.g., site plan review, erosion and sedimentation control plan, etc.);

The following documents shall also be submitted in applying for a special permit:

A complete list of all chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially toxic or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use.

[2]

A description of potentially toxic or hazardous wastes to be generated, indicating storage and disposal method.

[3]

For those activities using, storing, or generating such hazardous materials, an aquifer protection management plan shall be prepared and filed with the Board of Health, Building Department and Fire Chief. The plan shall include:

[a]

Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and cleanup procedures;

[b]

Provisions for indoor, secured storage of hazardous materials and waste with impervious floor surfaces;

[c]

Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30.00, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.

[4]

Evidence of approval by the Massachusetts Department of Environmental Protection (DEP) for any industrial waste treatment and disposal system or any wastewater treatment system over 15,000-gallons-per-day capacity as regulated by 314 CMR 5.00, Massachusetts Ground Water Discharge Permit Program.

[5]

For underground storage of toxic or hazardous materials, evidence of qualified professional supervision of system design and installation.

[6]

Analysis by a hydrogeologist or engineer experienced in groundwater evaluation and/or hydrogeology to demonstrate that the proposed activity will not be detrimental to the purpose of the district as set forth in § 4.3A.

[7]

Proposed and/or existing down-gradient location(s) for groundwater monitoring well(s) should the SPGA deem the proposed activity a potential groundwater threat, together with a monitoring schedule.

Procedures.

The SPGA shall refer copies of the application to the Board of Health, Planning Board, Select Board, Building Department, Conservation Commission, Town Engineer, Department of Public Works and Fire Department, which shall review, either jointly or separately, the application and shall submit their recommendations to the SPGA. Failure to make recommendations within 35 days of the referral of the application shall be deemed lack of opposition.

The SPGA shall hold a hearing, in conformity with the provisions of MGL c. 40A, § 9, within 65 days after the filing of the application with the SPGA and after the review of the aforementioned Town Boards/Departments.

Notice of public hearing shall be given by publication and posting and by first-class mailings to "parties in interest" as defined in MGL c. 40A, § 11. The decision of the SPGA and any extension, modifications or renewal thereof shall be filed with the SPGA and Town Clerk within 90 days following the closing of the public hearing. Failure of the SPGA to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by said MGL c. 40A, § 11.

Approval criteria. After notice and public hearing, and after due consideration of the reports and recommendations of the Planning Board, the Board of Health, the Conservation Commission, Select Board, Building Department, the Town Engineer, Department of Public Works and Fire Department, the SPGA may grant such a special permit only upon finding that the proposed use:

Will not cause groundwater quality to fall below the standards established in 314 CMR 6.00, Massachusetts Groundwater Quality Standards, or, for parameters where no standard exists, below standards established by the Board of Health and, where existing groundwater quality is already below those standards, upon determination that the proposed activity will result in no further degradation;

Is in harmony with the purpose and intent of this bylaw and will promote the purposes of the Aquifer and Watershed Protection District;

Will not, during construction or thereafter, have an adverse environmental impact on any aquifer or recharge area in the Town and is designed to avoid substantial disturbance of the soils, topography, drainage, vegetation and other water-related natural characteristic of the site to be developed; and

Will not adversely affect the quality or quantity of an existing or potential water supply.

Violations. Written notice of any violation shall be provided by the Building Commissioner to the owner of the premises, specifying the nature of the violation and specifying a time for compliance, including cleanup of any spilled materials. The time allowed shall be reasonable in relation to the public health hazard involved and the difficulty of compliance, but in no event shall more than 30 days be allowed for either compliance or finalizing of the plan for longer-term compliance. The cost of containment, cleanup or other action of compliance shall be borne by the owner and operator of the premises.

NOTE: The Town voted (at the March 1986 Annual Town Meeting) to adopt a plan entitled "Aquifer and Watershed Protection Districts, Town of Westborough, Massachusetts," dated January 10, 1986, which plan is on file in the office of the Town Clerk.

§ 4.4 Mixed Use District.

Purpose. The intent of this Mixed Use District, which hereafter may be referred to as "MUD," is to permit greater flexibility and more creative and imaginative design for the development of retail, office, restaurant, residential and open space than is generally possible under conventional zoning provisions. It is further intended to promote and facilitate redevelopment of certain portions of the former Westborough State Hospital and other state-owned properties while providing a harmonious variety of uses, a higher level of amenities, a stimulus to the economic development of the community and vitality to the district.

Scope and authority. This Mixed Use District shall apply to all new construction, reconstruction or expansion of existing buildings and new or expanded uses. Any activities or uses permitted in the district shall be permitted, subject to the provisions of this district, unless expressly prohibited. New uses shall only be permitted through the granting of a special permit from the Planning Board.

Establishment and delineation of Mixed Use District. For the purposes of this district, there is hereby established a Mixed Use District area as shown on the Westborough Zoning Map.

Mixed use Zoning Map. The boundaries of properties within the Mixed Use District shall be delineated on a Zoning Map approved at Town Meeting.

Permitted uses. In any mixed-use development, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except under a special permit issued by the Planning Board in accordance with the provisions and requirements of this section and the rules and regulations of the Planning Board.

Rules and regulations. The Planning Board shall establish, after a public hearing, rules and regulations concerning the procedure for and content of an application for new building use or change of use in the Mixed Use District. The Planning Board shall require a filing fee as part of the application, the amount of which shall be prescribed in the Mixed Use District rules and regulations. The MUD rules and regulations shall be effective on the date the Planning Board files them with the Town Clerk.

Public hearing and approval. A public hearing shall be required on any Mixed Use District building or change of use before any final action can be taken by the Planning Board on the application. The timing of and form of notice of the hearing shall be as prescribed in MGL c. 40A, § 11, for special permits. After the public hearing, the Planning Board shall consider the development for a special permit. In its consideration the Planning Board shall determine whether the application meets the purpose of this Zoning Bylaw and of the Mixed Use District regulations. The Planning Board shall specifically determine whether the development will contribute to the orderly and harmonious development of the Mixed Use District area and is consistent with the character of the neighborhood. The Board may recommend that the applicant modify, alter, adjust or amend the proposed development and may recommend such reasonable additional conditions as the Planning Board deems necessary.

Density requirements. Within the Mixed Use District, building lots shall be established by the applicants subject to approval of the Planning Board.

Multiple uses. Notwithstanding § 5.3D of this bylaw, multiple uses may be allowed on a lot in a mixed-use project by special permit issued by the Planning Board.

Signage. Notwithstanding § 8.2 of this bylaw, multiple signs may be allowed on a lot or building in a mixed-use project by special permit issued by the Planning Board. The number, size and locations of signs shall be based on the nature, size, architecture and location of each building or portion thereof.

Site plan approval of a Mixed Use District development. A Mixed Use District development, as herein permitted, shall be made only pursuant to a site plan submission. All requirements as outlined in the Westborough Zoning Bylaw, §§ 3.1 through 3.6, shall apply. The site plan submission documentation shall be appropriate to the proposed project to show and convey the level of detail required for review by the SPGA and shall show, at a minimum:

Topography and grades both existing and proposed for the site and its relation to surrounding areas.

Proposed plan and cross sections of all street systems and pedestrian walkways and their relationship to the overall project.

Proposed preliminary layout and routing of storm and sanitary sewer systems, water supply, fire protection and power and communications services.

Proposed lot(s), their layout and areas.

Proposed areas of the site reserved for parks, parkways, playgrounds and other private or public open spaces and their location, use, areas and access.

Proposed location of all buildings, their proposed use, size and height and related parking facilities.

(7)

Tabulation of the total number of acres in the proposed project and, if applicable, the percentage thereof designated for each proposed building and use and related off-street parking, streets, parks and other uses.

(8)

Tabulation of all buildings and uses and the over-all and per lot, coverage and density (floor area ratio).

(9)

Preliminary plans and elevations of the major buildings, their use, location and floor areas.

(10)

Environmental issues and mitigation measures, if any.

(11)

Any other items that may be required by the Select Board.

§ 4.5 Gateway 2 District.

[Amended 10-21-2024 STM by Art. 17]

Purpose. The portion of East Main Street from Lyman Street to Water Street, herein referred to as "Gateway 2," contains a mix of land uses, including single-family residences, small professional offices, and other commercial uses. The intent of this Gateway 2 District is to permit more creative and imaginative design for development in the district. It will also serve to retain East Main Street's aesthetically pleasing elements and relatively unobtrusive buildings and parking areas. It is intended to allow for redevelopment and a limited amount of new development without significantly altering the areas character or introducing large amounts of new traffic.

Scope and authority. The Gateway 2 regulations shall apply to all new construction, reconstruction or expansion of existing buildings and new or expanded uses.

Establishment and delineation of Gateway 2 District. For the purposes of this district, there is hereby established a Gateway 2 District area. Gateway 2 shall consist of those areas delineated on a map and approved at Town Meeting.

Permitted uses. Each parcel developed within the Gateway 2 shall be approved by special permit. No building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except under a special permit issued by the Planning Board in accordance with the provisions and requirements of this section and the rules and regulations of the Planning Board governing special permits.

Rules and regulations. The Planning Board rules and regulations governing special permits shall apply. The Planning Board shall require a filing fee as part of the special permit application, the amount of which shall be prescribed in the Gateway 2 special permit application.

Public hearing and approval. A public hearing shall be required on any Gateway 2 District building or change of use before any final action can be taken by the Planning Board on the application. The timing of and form of notice of the hearing shall be as prescribed in MGL c. 40A, § 11, for special permits. After the public hearing, the Planning Board shall consider the development for a special permit. In its consideration the Planning Board shall determine whether the application meets the purpose of this section and this Zoning Bylaw and of the Gateway 2 District regulations. The Planning Board shall specifically determine whether the development will contribute to the orderly and harmonious development of the Gateway 2 District and is consistent with the character of the neighborhood. The Board may recommend that the developer modify, alter, adjust or amend the development and may recommend such reasonable additional conditions as the Planning Board deems necessary.

Design review requirements. Design Review Board review and recommendations shall be required as prescribed in § 3.6 of this bylaw.

Affordable housing. Refer to § 6.1 (Inclusionary Zoning Requirements) of the Zoning Bylaw for requirements.

§ 4.6 Transit-oriented village.

[Amended 10-21-2024 STM by Art. 17]

Purpose. The purpose of this transit-oriented village (T-OV) by special permit section is to:

Encourage the development of new, village-oriented transit development on appropriate properties, now zoned for industrial use, proximate to commercial areas, services and/or public transportation,

Foster the development of smaller living units which, by virtue of their size, will be more affordable than larger single-family homes.

Provide additional housing units which meet the official state definition of "affordability."

Contribute to the Town's efforts to preserve open space.

Create realistic incentives that will bring about the redevelopment of properties that are currently underutilized or on which there are outdated or unattractive nonresidential structures.

Applicability. In any zoning district in which transit-oriented village ("T-OV") is allowed, such use shall be by way of special permit issued by the Planning Board and subject to the requirements of this section. T-OV shall be allowed by special permit from the Planning Board in the following zones: Industrial C (Mixed Use Industrial).

Mixed uses. Development under this section may include a mixture of uses, combining those already allowed in the zone and those multifamily housing uses allowed by special permit pursuant to this bylaw. The Planning Board shall have broad discretion in determining which uses are compatible and the degree to which various nonresidential uses may be mixed with the multifamily housing proposed for a particular site. However, no building shall have industrial uses in the same building as residential uses.

Review requirements. All applications for a special permit under this T-OV regulation shall be subject to design review by the Design Review Board in accordance with § 3.6 of this bylaw, and site plan review, as prescribed in Article 3 of this bylaw. These hearings may be combined at the option of the reviewing boards.

General standards. All applications must meet all applicable dimensional, density, design, drainage, safety, parking, signage, lighting, and other land use standards and regulations set forth in this bylaw for the underlying zone, except for those standards that are specifically modified by the Planning Board in its review of the special permit application. In taking action on a T-OV special permit application, the Planning Board may waive and or modify such standards, including dimensional standards, upon a finding that to do so will further the purposes listed above without having a detrimental effect on the health, safety and general welfare of the Town's residents and the public. The Planning Board shall enjoy broad discretion to deny applications to the extent that the proposed development is found to contain negative attributes which the Planning Board concludes outweigh the positive contribution to the purposes outlined above. The Planning Board may also approve a special permit application under this bylaw with reasonable conditions, in keeping with its special permit powers.

Dimensional requirements. Except to the extent specifically modified below, all dimensional requirements of the zone shall apply to any T-OV development. However, the Planning Board may, in accordance with the above Subsection E, General standards, modify the dimensional requirements of the zone or the following special dimensional requirements upon a finding that such modification furthers the purposes of this bylaw without detrimental effect.

Special dimensional requirements of T-OV:

Minimum lot area: 10,000 square feet.

Minimum lot frontage: 90 feet.

Minimum front yard : 25 feet [see Subsection F(2)(d)].

Minimum side yard: 15 feet [see Subsection F(2)(a) and (d)].

Minimum rear yard: 25 feet [see Subsection F(2)(d)].

Maximum building height: 60 feet/four stories, except only 2.5 stories and 35 feet within 100 feet of a recognized watercourse (pond, reservoir, river, etc.) or within 2,500 feet of the Rotary in the center of Town or where property under consideration is adjacent to a residential district [see Subsection F(2)(b)].

Maximum lot coverage: 60%.

Maximum floor area ratio (FAR) (both residential and nonresidential): 1.2.

Maximum building size: 20,000 square feet.

(j)

Minimum separation of buildings on same lot: 20 feet.

(k)

Minimum open space: 40%.

(l)

Base living units per acre: four [see Subsection F(2)(f)].

(m)

Maximum units per acre: 14.

(n)

Minimum habitable floor area per dwelling unit): 600 square feet (studio); 750 square feet (one bedroom); 900 square feet (two to three bedrooms).

(o)

Maximum number of units with more than two bedrooms: 20%.

(p)

Minimum number of affordable units: 20% [see Subsection F(2)(c)].

(q)

In mixed-use structures, maximum nonresidential floor area ratio: 0.3.

Notes to dimensional requirements.

It is specifically noted that side-yard setbacks may be reduced to zero in cases where the Planning Board determines that joined buildings add to the "village center" atmosphere that is envisioned by this section.

Where the Planning Board finds merit, it may allow taller structures where lot coverage on the development parcel is correspondingly reduced. For example, assuming all other features and characteristics of a special permit application comply with this regulation, a four-story structure would be allowed with a maximum coverage of 60%. The proponent might suggest an eight-story building with a coverage of 30% (50% increase in allowed height and 50% decrease in coverage).

Refer to § 6.1 (Inclusionary Zoning Requirements) of the Zoning Bylaw for requirements.

A seventy-five-foot buffer strip shall be maintained where abutting a residential district, 30 feet of this to remain undisturbed, except for the planting of additional natural vegetative screening.

No floor of a dwelling unit, except for unoccupied basements, shall be below grade of the adjoining ground at any place on its perimeter.

See Subsection I(6) below, Density bonus for preservation for open space, by the use of transfer of development rights.

Application. An application for a special permit for T-OV shall be submitted to the Planning Board on forms furnished by the Planning Board, accompanied by the filing fee and the information, data and plans required in Article 2 of this bylaw for other special permit applications, or as otherwise determined by the Planning Board. The Planning Board shall promulgate its own application requirements for the T-OV special permits.

Action on application. The Planning Board, the Design Review Board, and other governmental agencies which are, by this section, given review jurisdiction over applications under this T-OV section, shall process and take action on such applications as prescribed for each review board by zoning, other local bylaws or regulations, state statute or regulation. The Design Review Board shall promulgate its own review standards for T-OV, which shall be stated in the Design Review Board guidelines.

Density bonus for the preservation of open space. Recognizing that one of the purposes of this section is the preservation of open space, the transfer of development rights ("TDR") to parcels that are the subject of a special permit application under this section is allowed as follows:

The parcel or parcels to be preserved as open space through a TDR shall be referred to as the "sending parcel(s)," while the parcel(s) on which the transit-oriented village is proposed under this section shall be referred to as the "receiving parcel(s)."

Sending and receiving parcels do not have to be contiguous or under common ownership, so long as each sending parcel is made part of an application for a special permit under this section.

The sending parcel(s) shall provide a legal description (deed) and the Town's GIS description of the property. Such description shall show property boundaries, area in acres or square feet, wetlands and wetlands setback lines, rivers, protection setbacks, floodplain areas, topographical lines and other features and conditions normally included in an existing conditions survey. The applicant need not show that the land is capable of sustaining septic systems, or provide any geological or soils data. Once the sending parcel is accepted by the Planning Board, the applicant shall provide a field survey of the parcel by a licensed surveyor.

In order to qualify as a sending parcel, the Planning Board in consultation with the Open Space Preservation Committee must make a finding that the land to be preserved as open space has unique and/or valuable natural or physical attributes, or that there exists a valid planning reason to preserve the land as open space, or that the land is substantially developable, and that the Town would benefit more from the land's permanent preservation as open space than from its development.

The applicant must present a plan to treat the sending parcel as preserved open space in one of the manners prescribed in § 6.3E, Common open space ownership and management. Upon approval of a T-OV special permit, the ownership and management plan for the open space must be implemented, and the deed to the property sufficiently restricted, to accomplish the complete and permanent severance of development rights therefrom.

For every acre of preserved land in a sending parcel that is in the Single Residential Zone, the special permit applicant shall be entitled to a bonus of 10 additional units in the multifamily project. For every acre of preserved land in a sending parcel that is in a zone other than the Single Residential Zone, the special permit applicant shall be entitled to a bonus of five additional units in the multifamily project. However, such density bonuses are usable only to the extent that the proposed project, with the added units, in the discretion of the Planning Board, continues to meet all other requirements of this section, including satisfying the goals stated in Subsection A, Purpose, herein.

(7)

For example, if a parcel in the Industrial C Zone that is the subject of an application under this transit-oriented village section meets all requirements for a total of 40 units (four base units per acre on a ten-acre parcel) and the applicant is preserving 10 acres of acceptable land in the Single Residential Zone, the total possible units in the multifamily housing project would be 140 units (40 base units, 100 bonus units). This assumes that the 140-unit project still meets all requirements of this section, including those which are discretionary on the part of the Planning Board.

(8)

In the event that a transfer of a partial acre of land from a sending parcel, or any other calculation, results in a number of bonus units or total units per acre which is a fraction, the total shall be rounded down to the previous whole number.

(9)

In approving a T-OV, the Planning Board shall have the power and authority to condition the special permit on the fulfillment of reasonable improvements to or near the sending parcel, as well as its traditional authority to impose conditions on and near the site to be developed. For example, the Planning Board might condition a T-OV special permit on the installation of a certain number of parking spaces on the sending parcel to facilitate the Town's use and enjoyment of the preserved land.

Specific site and construction standards. Unless modified in accordance with the above Subsection E, General standards, the following specific site and construction standards shall be observed in the development of a T-OV project as stated in the T-OV Architectural Guidelines applied by the Design Review Board:

Architectural standards. Design characteristics shall be stated in the special permit application and shall include, but shall not be limited to: architectural design, building materials, massing, scale, color, roofline, street furniture, site and building landscaping, lighting and signage as stated in the Architectural Guidelines available from and administered by the Design Review Board.

Roadways/pedestrian access. Where intended for dedication and acceptance by the Town, the principal roadway(s) serving the site shall be designed to conform to the standards of the Subdivision Regulations and any other relevant standards of the Town unless otherwise required by the Planning Board. Private ways shall be adequate for intended vehicular, including public safety vehicle, access and pedestrian traffic and shall be maintained by an association of unit owners or by the applicant. It is intended that a sidewalk network will be provided throughout the T-OV area that interconnects all dwelling units with other dwelling units, nonresidential uses, common open spaces, parking areas, transportation centers and major activity areas adjacent to the zone in which T-OV is permitted. The Planning Board may require construction of on-site or off-site sidewalks, footpaths or bicycle paths. Access to off-site areas is required, particularly to permit safe and convenient pedestrian and/or bicycle access to nearby amenities.

Area concept plan requirement.

Each special permit application filed under this section shall be accompanied by an updated area concept plan ("ACP") covering all properties which are partially or completely within 300 feet of any property line of the site on which the applicant proposes to place a T-OV project. The ACP does not need to include any land outside the underlying zone in which T-OV is allowed by special permit.

The area concept plan (ACP) is not binding on any party and does not need to meet the technical requirements of a special permit application. The ACP shall show a plan in scale of all existing buildings, as well as all parking lots, streets, sidewalks, bike paths, and other existing conditions in the area covered by the ACP.

The applicant shall show on the area concept plan (ACP) any changes to surrounding properties that it suggests might be made in the future so as to best integrate the applicant's proposed T-OV into the area around the site. For example, if the applicant's site is within walking distance of, but not adjacent to, an amenity, such as a park, parking lot, watercourse, transportation hub, or local shops, and if the goals of this section would be furthered by connecting pathways, streets or other alterations to nearby properties, these should be shown on the ACP. The applicant need not have the permission of the owner of such nearby property to complete the ACP. However, if the Planning Board, in the course of its review and action on a special permit application hereunder, determines that such alteration on a nearby property would greatly enhance the application and further the goals of this section, the Planning Board may require that the applicant make a good-faith effort to procure such permission. A failure to obtain permission from such neighboring property owner shall not, however, be the sole basis of denying the application.

If the applicant suggests changes to neighboring properties, it shall also provide renderings or elevations showing the modifications and the tie-ins to the applicant's site.

The applicant shall take into consideration any area concept plan (ACP) that has been done by a previous applicant which covers all or part of the area to be covered by the new ACP.

§ 4.7 Downtown Planning Overlay District.

The purpose of the area concept plan (ACP) requirement of this section is to encourage the greatest possible integration of the proposed new T-OV project into the surrounding area, recognizing the village character that is the objective of this section.

[Amended 10-21-2024 STM by Art. 17]

Purpose. The intent of this Downtown Planning Overlay District, which hereafter may be referred to as "DPOD," is to permit greater flexibility and more creative and imaginative design for the development of retail, office, restaurant, residential and open space than is generally possible under conventional zoning provisions. It is further intended to promote and facilitate redevelopment of certain portions of downtown Westborough while providing a harmonious variety of uses, a higher level of amenities, a stimulus to the economic development of the community and providing vitality to the downtown area.

Scope and authority. When land within the DPOD area has been approved by action of Town Meeting as having a DPOD classification, it may then be developed or redeveloped by the owner either in accord with the underlying zoning district, or in accord with this DPOD section, at the election of the owner. If an owner, or applicant acting upon permission from the owner, elects to proceed under this section, this overlay district shall apply to all new construction, reconstruction or expansion of existing buildings and new or expanded uses. When an owner elects to have a special permit application considered under the DPOD, the underlying zone remains in place and may always be used as the basis of the new application, even if a special permit has been granted under a DPOD.

Establishment and delineation of Downtown Planning Overlay District.

For the purposes of this bylaw, there is hereby established a Downtown Planning Overlay District (DPOD). This DPOD shall be only within 2,500 feet of the intersection of the center line of Milk, Main and South Streets. Land in the DPOD area may be considered for classification as a DPOD at Town Meeting only if, at the time of the filing of the Warrant, the underlying zone classification of the land is nonresidential.

Overlay map. No property may be the subject of a special permit application hereunder unless it has been designated, by two-thirds vote at Town Meeting, as having a DPOD zoning classification (in addition to its underlying zoning). The classification of properties as a DPOD shall be indicated on the Official Zoning Map of the Town of Westborough.

Permitted uses. Only land with the DPOD classification may be subject of a special permit application under this section. Each parcel developed within the DPOD shall be designated by the owner either according to the existing underlying zoning district or mixed-use by special permit. In any mixed-use development, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except under a special permit issued by the Planning Board in accordance with the provisions and requirements of this section and the rules and regulations of the Planning Board.

Rules and regulations. The Planning Board shall establish, after a public hearing, rules and regulations concerning the procedures for and content of an application for new building or change of use in a Downtown Planning Overlay District. The Planning Board shall require a filing fee as part of the application, the amount of which shall be prescribed in the Downtown Planning Overlay District Rules and Regulations. The Downtown Planning Overlay District Rules and Regulations shall be effective on the date the Planning Board files them with the Town Clerk.

Public hearing and approval. A public hearing shall be required on any Downtown Planning Overlay District building or change of use before any final action can be taken by the Planning Board on the application. The timing of and form of notice of the hearing shall be as prescribed in MGL c. 40A, § 11, for special permits. After the public hearing, the Planning Board shall consider the development for a special permit. In its consideration, the Planning Board shall determine whether the application meets the purposes of this Zoning Bylaw and of the Downtown Planning Overlay District regulations. The Planning Board shall specifically determine whether the development will contribute to the orderly and harmonious development of the Downtown Planning Overlay District area and is consistent with the character of the neighborhood. The Board may recommend that the developer modify, alter, adjust or amend the development and may recommend such reasonable additional conditions as the Planning Board deems necessary.

Density requirements. Within the Downtown Planning Overlay District, building lots shall be established by the applicants subject to approval of the Planning Board.

Multiple uses. Notwithstanding § 5.3D of this bylaw, multiple uses may be allowed on a lot in a mixed-use project by special permit issued by the Planning Board.

Affordable housing. Refer to § 6.1 (Inclusionary Zoning Requirements) of the Zoning Bylaw for requirements.

Site plan approval of a Downtown Planning Overlay District.

A Downtown Planning Overlay District development, as herein permitted, shall be made only pursuant to a site plan submission. Within a DPOD, the Planning Board shall approve the site plan. All requirements as outlined in the Westborough Zoning Bylaw, §§ 3.1 through 3.6, shall apply.

The site plan submission documentation shall be appropriate to the proposed project to show and convey the level of detail required for review by the Planning Board and shall show, at a minimum:

Topography and grades both existing and proposed for the site and its relation to surrounding areas.

Proposed plan and cross sections of all street systems and pedestrian walkways and their relationship to the overall project.

Proposed preliminary layout and routing of storm and sanitary sewer systems, water supply, fire protection and power and communications services.

Proposed lot(s), their layout and areas.

Proposed areas of the site reserved for parks, parkways, playgrounds and other private or public open spaces and their location, use, areas and access.

Proposed location of all buildings, their proposed use, size and height and related parking facilities.

Tabulation of all buildings and uses and the over-all and per lot coverage and density (floor area ratio).

Preliminary plans and elevations of the major buildings, their use, location and floor areas.

(j)

Environmental issues and mitigation measures, if any.

(k)

Any other items that may be required by the Planning Board.

§ 4.8 Senior Living Overlay District.

[Amended 10-21-2024 STM by Art. 17]

Purpose. The purpose of the Senior Living Overlay (SLO) is to provide the opportunity to diversify the Town of Westborough's housing stock by specifically addressing the needs of its aging population and to provide an additional level of affordability for these housing units which meets the official Massachusetts definition of "affordability."

Scope and authority.

The Senior Living Overlay provides for optional additional uses and does not replace, but rather supplements, the uses allowed in the designated overlay areas by grant of a special permit. The Planning Board shall be the SPGA for any project submitted in accordance with this section and shall have the authority to approve a project upon grant of a special permit in accordance with § 2.3C, site plan review in accordance with § 3.1 and further upon a finding that the intent of this Zoning Bylaw and this section have been met.

The SPGA may modify the density, parking and open space requirements of this section or § 5.4A or B, where applicable, if, in its opinion, such change will result in a more desirable design of the development than could otherwise be developed without variation of the dimensional or parking requirement. This authority continues subsequent to occupancy. This bylaw does not specifically set density standards; however, it is expected that each site, housing type and project design will influence the appropriate number of residential units for any particular site. The density of units allowed shall be appropriate to the zone, neighborhood and development capacity of the site.

Applicability. The Senior Living Overlay applies to all property within the Senior Living Overlay District as an optional, alternate form of development where certain criteria specified within this section can be satisfied.

Establishment of district. The Senior Living Overlay District shall include all land within the Mixed Use District (MUD) and all property located within 5,000 feet of the intersection of the center lines of Milk, West Main, Brigham and South Streets, except that the district shall extend to 6,500 feet along East Main Street, provided that the land has frontage located within the SLO on one of said streets; SLO proposals shall comply with the dimensional standards of Subsection F. The provisions of § 4.2B (Split lots) shall not apply. The SLO shall not apply to any parcel of land located within a Highway Business (BA) District.

Permitted uses. Independent senior housing, senior living facilities, and continuing care retirement communities shall be permitted in accordance with this section. In addition, accessory uses typically associated with these uses may be permitted by the SPGA upon a finding that the accessory use is appropriate to the proposed development and not more detrimental to the neighborhood than the senior living use without such accessory uses.

Refer to § 6.1 (Inclusionary Zoning Requirements) of the Zoning Bylaw for requirements.

All dwelling units in an SLO project shall be subject to a restriction requiring that all residents of these units shall be at least the age of 62 (referred to as "qualified occupants").

Dimensional requirements. All minimum standards in the Senior Living Overlay district (SLO) shall be consistent with those requirements of the applicable underlying district found in § 5.4A or B.

Rules and regulations. The SPGA may from time to time establish rules and regulations governing special permits under this section. The SPGA shall require a filing fee as a part of the special permit application, the amount of which shall be established by the SPGA.

Public hearing and approval. The SPGA shall hold a public hearing on any proposal alleging compliance with this section in accordance with the public hearing and notice requirements of MGL c. 40A, §§ 9 and 11. In considering the grant of a special permit for the application, the SPGA shall make a finding that the provisions of this section are satisfied.

Findings. The SPGA shall specifically consider whether the development will contribute to the orderly and harmonious development of the neighborhood and the Town that is consistent with the character of the neighborhood and satisfies community demand for the proposed uses, while responding to the performance standards of Subsection I. The SPGA shall make findings related to the Town's current goals for the proposed type of senior housing. These findings might include, but are not limited to, the following:

Compatibility with the surrounding neighborhood;

Consistency with any current planning documents or studies;

Ability for public infrastructure such as water, roads, drainage or sewer system or any other municipal system to support the proposed development without causing impacts that would adversely affect health, safety or the general welfare;

Appropriate design and layout of streets and driveways;

Appropriate project mitigation or enhancement of services typically associated with senior housing. This mitigation may be provided on-site, or at the SPGA's discretion be in the form of a contribution elsewhere in the Town. Strong preference is given to mitigation providing public access and/or that is integrated with other Town services;

Appropriateness of building architecture, orientation and site design;

Incorporation of energy-efficient and environmentally friendly design criteria;

Incorporation of pedestrian amenities, appropriate accessory uses, and integration of community benefits (for larger projects);

Preservation of open space, existing vegetation, natural, historical or archaeologically significant features or resources.

Special permit requirements.

Permit application. For any use requiring a special permit, the applicant shall submit the number of copies of the application and plans in such form as the SPGA may require by its rules and regulations. In addition, the following shall be provided:

Application form and fee.

Development statement.

Development plans.

Additional information as the SPGA may determine necessary to evaluate the proposal.

Decisions.

The findings, including the basis of such findings, of the SPGA shall be stated in the written decision of approval, conditional approval, or denial of the application for special permit, and shall require a super-majority vote for approval.

The SPGA may also require, in addition to any applicable conditions specified in this bylaw, such conditions as it finds reasonably appropriate to safeguard the neighborhood, or otherwise serve the purposes of this bylaw, including, but not limited to, the following: front, side, or rear yards greater than the minimum required by this bylaw; screening buffers or planting strips, fences, or walls; modification of the architectural design and exterior appearance of the structures; lighting; regulation of the number and location of driveways, or other traffic features; off-street parking or loading or any other special features beyond the minimum required by this bylaw.

The SPGA shall specifically require project mitigation and/or enhancement of services, including possible integration with other Town services, as appropriate for the type and scale of development proposed.

Such conditions shall be provided in writing, and the applicant may be required to post a performance guaranty for compliance with said conditions in an amount satisfactory to the SPGA.

The special permit is granted for a period of three years and shall lapse if substantial use or construction has not commenced by such date, except for good cause shown as determined by the SPGA. Once construction has begun, it shall be actively and continuously pursued to completion within a reasonable time.

Parking requirements.

Parking shall be provided in accordance with § 8.1 except as modified or amended by the following:

Independent senior housing: 1.5 spaces per dwelling unit.

[2]

Assisted living: one-half space per bedroom unit, plus the number of employees expected on the premises at the peak hour of operation.

[3]

Continuing care retirement community: 0.75 spaces per bedroom unit.

[4]

Accessory uses: As the SPGA deems necessary, taking into consideration § 8.1 and the potential for shared parking with other proposed uses on-site.

Parking structures and surface parking lots shall be appropriately designed and landscaped to promote pedestrian flow within and between the various uses on the site and public ways.

Performance standards.

Projects in the Downtown Business District (BB) shall require a positive recommendation of the Design Review Board in accordance with § 3.6. Projects in the SLO, but outside of the Downtown Business District, shall comply with § 3.6D(2) through (5), except that these requirements shall not apply to SLO projects in the Mixed Use District (MUD). For SLO proposals in the MUD, the SPGA shall require the Design Review Board to provide a recommendation to the SPGA on the SLO proposal during the plan review process as provided in § 3.6D(1) and (3)(a) through (c) and (f) through (h) of this bylaw.

Subdivision Rules and Regulations shall be used as a guideline; however, the SPGA may waive any of these standards based on a persuasive argument by the applicant that such compliance does not serve the best interests of the project or the public good.

In addition to other minimum requirements stated elsewhere in this bylaw, the following improvements, performance standards and/or conditions are required (insofar as they are applicable to the proposal) to support a grant of a special permit in the SLO.

Natural resources are preserved or improved and cutting of mature and specimen trees is avoided wherever feasible.

Landscaping and vegetated buffer strips are appropriate for the neighborhood.

Soil removal is minimized and cuts and fills are balanced to the maximum extent reasonable.

Pedestrian walks, patios and other amenities support intra- and inter-site access and gathering places for residents.

Roads and driveways maximize the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways.

Architectural details are varied to avoid monotonous or repetitive styles.

Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in rooflines and wall lines and other architectural techniques.

Shade trees are provided along internal roadways and pedestrian walks.

§ 4.9 Industrial D (ID) Overlay District.

Site lighting is designed to avoid unnecessary glare to abutting properties or the sky. Reflectors and shields provide total cutoff of light at the property boundaries.

(j)

US Green Building Council Leadership in Energy and Environmental Design (LEED) criteria shall be incorporated into project buildings and site design.

(k)

Stormwater management incorporates low-impact design (LID) wherever feasible and appropriate for the context.

(l)

Utilities shall be located underground.

Purpose. The Industrial D (ID) Overlay District encompasses the majority of land fronting on Route 9 lying east of Connector Road, including Flanders Road (east of Connector Road), Old Flanders Road, Fruit Street, Gilmore Road, Washington Street, Friberg Parkway, West Park Drive, Computer Drive, and Technology Drive. This area is highlighted by a series of industrial and office parks and individual general industrial uses encompassed by the General Industrial (IB) District. The purpose of the ID Overlay District is to allow increased land use intensity through increased dimensional standards more permissive than those provided by the underlying IB District.

Scope and authority. The Industrial D (ID) Overlay District shall allow for optional increase in use through expanded dimensional standards subject to site plan review and does not replace, but rather supplements, the uses allowed in the IB District. Projects in the Industrial D (ID) Overlay District shall undergo site plan review in accordance with § 3.1 and shall be consistent with the intent of this Zoning Bylaw and this section. Proposed changes in the use of the site shall require a new site plan review.

Establishment of district. The Industrial D (ID) Overlay District includes all property within the Industrial D (ID) Overlay Zoning District as an optional, alternate form of development where certain criteria specified within this section can be satisfied.

Permitted uses. Uses shall be permitted as indicated in § 5.1C, Use Regulation Schedule, under the column ID, in accordance with this section.

Rules and regulations. The site plan review authority may from time to time establish rules and regulations governing this section. The site plan review authority shall require a filing fee as a part of the site plan review application, the amount of which shall be established by the site plan review authority.

Public hearing and approval. The site plan review authority shall hold a public hearing on any proposal alleging compliance with this section in accordance with § 3.5. In considering the grant of a site plan review approval application, the site plan review authority shall make a finding that the provisions of this section are satisfied.

Findings. The site plan review authority, pursuant to Article 2, shall specifically consider the following in determining whether the development will contribute to the orderly and harmonious development of the ID Overlay and underlying IB District.

Project design maximizes the opportunities for walking and bicycling.

Project incorporates best practices in energy-efficient design, environmental protection, stormwater management, LEED (Leadership in Energy and Environmental Design) criteria and low-impact development (LID) techniques wherever practicable.

Existing mature vegetation is retained wherever possible, including winding of sidewalks and creative siting of structures.

Landscape materials used as buffers are native, noninvasive, hardy for New England weather conditions and disease-resistant.

A mix of trees, shrubs, and perennial or annual flower beds are integrated as appropriate to the proposed use of the site.

Site plan review requirements.

Application for any use in this District shall be governed by the Town Site Plan Review process in conformance with § 3.1 of this bylaw.

§ 4.10 Industrial E (IE) Overlay District.

Parking. Parking shall be provided in accordance with § 8.1 and bicycle parking shall be provided in close proximity to structures where determined by the site plan Review Authority. The site plan Review Authority shall have the authority to waive parking requirements to allow a lower or higher number of spaces as it deems appropriate to support the permitted use(s) and/or the opportunity for shared parking. Parking structures and surface parking lots shall be appropriately designed and landscaped to promote pedestrian flow within and between the various uses on the site and ways.

Purpose. The Industrial E (IE) Overlay District encompasses properties on the west side of Town along Otis Street, Sassacus Drive, Valente Drive and Smith Valve Parkway as designated on the Town Zoning Map. This area is highlighted by a series of industrial and commercial uses encompassed by the General Industrial (IB) District. The purpose of the IE Overlay District is to allow increased land use intensity through increased dimensional standards more permissive than those provided by the underlying IB District.

Scope and authority. The Industrial E (IE) Overlay District shall allow for optional increase in use through expanded dimensional standards subject to site plan review, and does not replace, but rather supplements, the uses allowed in the underlying IB District. Projects in the Industrial E ( IE) Overlay District shall undergo site plan review in accordance with § 3.1 and shall be consistent with the intent of this Zoning Bylaw and § 4.10.

Consistent with § 3.1 of this bylaw, the site plan review authority may grant waivers from some or all of the dimensional, parking and sign requirements contained in this bylaw and applicable to any property subject to this overlay district upon a finding that such waivers will result in an improved project, such project will otherwise meet the performance and design standards set forth in this bylaw, such waivers will pose no substantial detriment to any adjacent property or proximate neighborhood, and such project will not nullify or substantially derogate from the intent or purposes of the bylaw governing this overlay district.

Establishment of district. The Industrial E (IE) Overlay District includes all property within the Industrial E Overlay (IE) Zoning District as an optional, alternate form of development where certain criteria specified within this § 4.10 can be satisfied.

Permitted uses. Uses shall be permitted as indicated in the Use Regulation Schedule[1] under the column IE, in accordance with this § 4.10.

Editor's Note: The Use Regulation Schedule is included as an attachment to this chapter.

Public hearing and approval. The site plan review authority shall hold a public hearing on any proposal alleging compliance with § 4.10E in accordance with § 3.5 and in accordance with the requirements of MGL c. 40A, §§ 9 and 11. In considering the grant of a site plan review approval, the site plan review authority shall make a finding that the provisions of this § 4.10 are satisfied.

Findings. The site plan review authority, pursuant to Articles 2 and 3, shall specifically consider the following in determining whether the development will contribute to the orderly and harmonious development of the IE Overlay and underlying IB Districts:

Project design maximizes the opportunities for walking and bicycling.

Project incorporates best practices in energy-efficient design, environmental protection, stormwater management, and low-impact development (LID) techniques, wherever practicable. Proposed new buildings shall be designed to be compliant with requirements of the LEED (Leadership in Energy and Environmental Design) platinum level certification using the current LEED version for building design and construction: core and shell checklist as defined by the United States Green Building Council.

Existing mature vegetation is retained wherever possible. Provisions for winding of sidewalks and creative siting of structures shall be considered.

Landscape materials used as buffers are native, noninvasive, hardy for New England weather conditions and disease-resistant.

A mix of trees, shrubs, and perennial or annual flower beds are integrated as appropriate to the proposed use of the site.

Project provides for electric vehicle readiness for charging stations serving 5% of the total parking spaces for a proposed project.

Project provides for photovoltaic energy generation or installation of on-site renewable energy generation, i.e., solar thermal, solar lot canopies, freestanding and rooftop solar panels and battery storage.

If a property in this IE Overlay District is within 300 feet of a residential use, any development of such IE parcels shall be required to screen its residential abutters from any light and sound coming from the parcel proposing the development in the IE District. Such screening shall be achieved by eliminating lighting on the side of the proposed development facing abutting residential use and adding landscaping, fencing, or other visual or sound buffer.

Site plan review requirements.

Application for any use in this district shall be governed by the Town site plan review process in conformance with Article 3 of this bylaw.

Parking. Parking shall be provided in accordance with § 8.1 and bicycle parking shall be provided in close proximity to structures where determined by the site plan review authority. The site plan review authority shall have the authority to waive parking requirements to allow a lower or higher number of spaces as it deems appropriate to support the permitted use(s) and/or the opportunity for shared parking. Parking structures and surface parking lots shall be appropriately designed and landscaped to promote pedestrian flow within and between the various uses on the site and ways. Parking garages shall conform to the requirements of § 8.1D.

§ 4.11 MBTA Multi-Family Zoning Overlay District.

"Building height" for purposes of this IE Overlay District shall mean the vertical distance from the mean elevation of the lowest occupied finished floor to the highest point of the roof or parapet. "Occupied floor" shall not include basements, structured parking, mechanical and storage rooms or other areas not used for human occupancy. Structures erected on a building and not used for human occupancy, such as, but not limited to, air and exhaust equipment, chimneys, heating-ventilating or air-conditioning equipment, solar or photovoltaic panels, elevator housings, antennas, skylights, cupolas, spires, mechanical and acoustical screening and the like collectively (the "rooftop structures"), may exceed the maximum height of a building in feet, provided no part of the rooftop structures is more than 35 feet higher than the maximum permitted height of the building and the total horizontal coverage of such rooftop structures on the building does not exceed 70%.

[Added 3-23-2024 ATM by Art. 32]

Purpose. The purpose of the MBTA Communities Multi-Family Overlay District (MCMOD) is to allow multifamily housing as of right in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A). The requirements set forth herein shall be applied so as to encourage the development of multifamily housing projects of a scale, density and aesthetic that are compatible with existing surrounding uses and minimize impacts to sensitive land. To the extent possible, multifamily housing shall allow for safe, accessible, and convenient access to transit stations for pedestrians and bicyclists.

Scope and authority. This MCMOD is an overlay district having a land area of approximately 95.59 gross acres in size that is superimposed over the underlying zoning district(s) and is shown on the Zoning Map.

Subdistricts. The boundaries of the MCMOD are depicted on the Zoning Map on file with the Town Clerk. The MCMOD is further divided into three subdistricts: Gleason Street Subdistrict, Turnpike Road A Subdistrict, and Turnpike Road B Subdistrict, as depicted on the Zoning Map and described herein.

Applicability of MCMOD. The provisions of the Multi-Family Housing Overlay District (MCMOD) shall apply to all land within the MCMOD and shall apply uniformly to all subdistricts except as expressly distinguished in this article. Any matter not addressed herein shall be governed by the provisions of the Zoning Bylaw applicable to underlying zoning districts. In the event of any inconsistency between the provisions of the MCMOD and any other provisions of the Zoning Bylaw, the provisions of the MCMOD shall govern. The provisions of this Zoning Bylaw pertaining to those zoning districts underlying this overlay district shall remain in effect.

MULTIFAMILY ZONING DISTRICT

Underlying zoning. The MCMOD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right or by special permit in the MCMOD. Uses that are not identified in § 4.11D are governed by the requirements of the underlying zoning district(s). Uses allowed as of right in the MCMOD shall not be subject to the provisions of § 6.1, and shall not require a separate special permit under § 4.3 if located within the Aquifer and Watershed Protection District.

Definitions. For purposes of this § 4.11, the following definitions shall apply.

AFFORDABLE HOUSING

Housing that contains affordable units as defined by this § 4.11C.

AFFORDABLE UNIT

A multifamily housing unit that is subject to a use restriction recorded in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both.

APPLICANT

A person, business, or organization that applies for a building permit, site plan review, or special permit.

AREA MEDIAN INCOME (AMI)

The median family income for the metropolitan statistical region that includes the Town of Westborough, as defined by the U.S. Department of Housing and Urban Development (HUD).

AS OF RIGHT

Development that may proceed under the Zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.

COMPLIANCE GUIDELINES

Compliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the Zoning Act as further revised or amended from time to time.

DEVELOPMENT STANDARDS

Provisions of Subsection K, General development standards, made applicable to projects within the MCMOD.

EOHLC

The Massachusetts Executive Office of Housing and Livable Communities, or any successor agency.

LOT

An area of land with definite boundaries that is used or available for use as the site of a building or buildings.

MBTA

Massachusetts Bay Transportation Authority.

MIXED-USE DEVELOPMENT

Development containing a mix of residential uses and nonresidential uses, including, commercial, institutional, or other uses.

MULTIFAMILY HOUSING

A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.

A zoning district, either a base district or an overlay district, in which multifamily housing is allowed as of right.

RESIDENTIAL DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. A residential dwelling unit shall not be age-restricted or restricted on the number of bedrooms, the size of bedrooms, or the number of occupants.

SECTION 3A

Section 3A of the Zoning Act.[1]

SITE PLAN REVIEW AUTHORITY

Planning Board.

SUBDISTRICT

An area within the MCMOD that is geographically smaller than the MCMOD district and differentiated from the rest of the district by use, dimensional standards, or development standards.

SUBSIDIZED HOUSING INVENTORY (SHI)

A list of qualified affordable housing units maintained by DHCD used to measure a community's stock of low- or moderate-income housing for the purposes of MGL Chapter 40B, the Comprehensive Permit Law.

TRANSIT STATION

An MBTA subway station, commuter rail station, or ferry terminal.

COMMUTER RAIL STATIONAny MBTA commuter rail station with year-round, rather than intermittent, seasonal, or event-based, service.

FERRY TERMINALThe location where passengers embark and disembark from regular, year-round MBTA ferry service.

SUBWAY STATIONAny of the stops along the MBTA Red Line, Green Line, Orange Line, or Blue Line.

Editor's Note: See MGL c. 40A, § 3A.

Uses permitted as of right. The following uses are permitted as of right within the MCMOD.

Multifamily housing.

Mixed-use development. Development under this section may include a mixture of uses, combining those already allowed in the zone and those multifamily housing uses allowed by special permit pursuant to the Zoning Bylaws. However, no mixed-use development shall have industrial uses in the same building, or on the same lot, as residential uses.

Site plan review. Site plan review shall apply to all uses in the MCMOD in accordance with Article 3, Site Plan Review and Design Review, of the Westborough Zoning Bylaw. Subsection K (General development standards) will be used as the criteria in the site plan review process. Site plan review for as of right uses in the MCMOD may not be denied.

Table of Dimensional Standards. Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional requirements applicable in the MCMOD are as follows:

Standard	Gleason Street	Turnpike Road A	Turnpike Road B
Minimum lot size	10,000 square feet	15,000 square feet	15,000 square feet
Building height	4 stories	4 stories	4 stories
Lot coverage	60%	60%	60%
Minimum open space requirement	40%	40%	40%
Minimum lot frontage	125 feet	125 feet	125 feet
Front yard setback	25 feet	25 feet	25 feet
Side yard setback	15 feet	25 feet	25 feet
Rear yard setback	25 feet	25 feet	25 feet
Maximum dwelling units per acre (DU/AC)	12 DU/AC	14 DU/AC	40 DU/AC

Multibuilding lots. In the MCMOD, lots may have more than one principal building.

Exceptions. The limitation on height of buildings shall not apply to chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings, which features are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building.

Exceptions: renewable energy installations. The site plan review authority or special permit granting authority may waive the height and setbacks in § 4.11F, Table of Dimensional Standards, to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create a significant detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space within the development.

Off-street parking. These parking requirements are applicable to development in the MCMOD.

Number of parking spaces. The following maximum numbers of off-street parking spaces shall be permitted by use, either in surface parking or within garages or other structures:

Use	Maximum Spaces
Multifamily	2 spaces per Residential Dwelling Unit
Mixed-use (nonresidential/commercial)	Sum of uses computed separately. Please refer to § 8.1 (Parking and loading requirements) and § 4.11J(4) below.

Number of bicycle parking spaces. The following minimum numbers of covered bicycle storage spaces shall be provided by use:

Use	Minimum Spaces
Multifamily	0.5 space per residential dwelling unit
Mixed-use (nonresidential/commercial)	2 spaces per 5,000 square feet

Bicycle storage. For a multifamily development of 25 units or more, or a mixed-use development of 25,000 square feet or more, covered parking bicycle parking spaces shall be integrated into the structure of the building(s).

Shared parking within a mixed-use development. Parking requirements for a mix of uses on a single site may be adjusted through the site plan review process, if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies.

General development standards.

All applications must meet all applicable dimensional, density, design, drainage, safety, parking, signage, lighting, and other land use standards and regulations set forth in this bylaw for the underlying zone, except for those standards that are specifically modified by the Planning Board in its review of the application for site plan review.

Site design. Unless modified in accordance with the above Subsection K(1), the following specific site and construction standards shall be observed in the development of a MCMOD project:

Roadways/pedestrian access. Where intended for dedication and acceptance by the Town, the principal roadway(s) serving the site shall be designed to conform to the standards of the Subdivision Regulations and any other relevant standards of the Town unless otherwise required by the Planning Board. Private ways shall be adequate for intended vehicular, including public safety vehicle, access and pedestrian traffic and shall be maintained by an association of unit owners or by the applicant. It is intended that a sidewalk network will be provided throughout the MCMOD area that interconnects all dwelling units with other dwelling units, nonresidential uses, common open spaces, parking areas, transportation centers and major activity areas adjacent to the zone in which MCMOD is permitted. The Planning Board may require construction of on-site or off-site sidewalks, footpaths or bicycle paths. Access to off-site areas is required, particularly to permit safe and convenient pedestrian and/or bicycle access to nearby amenities.

Buildings: multiple buildings on a lot.

For a mixed-use development, uses may be mixed within the buildings or in separate buildings.

Parking and circulation on the site shall be organized so as to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.

A paved pedestrian network shall connect parking to the entries to all buildings and the buildings to each other.

The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building facade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.

The building(s) adjacent to the public street shall have a pedestrian entry facing the public street.

Buildings: mixed-use development.

In a mixed-use building, access to and egress from the residential component shall be clearly differentiated from access to other uses. Such differentiation may occur by using separate entrances or egresses from the building or within a lobby space shared among different uses.

Paved pedestrian access from the residential component shall be provided to residential parking and amenities and to the public sidewalk, as applicable.

Materials for nonresidential uses shall be stored inside or under cover and shall not be accessible to residents of the development.

Buildings: shared outdoor space. Multifamily housing and mixed-use development shall have common outdoor space that all residents can access. Such space may be located in any combination of ground floor, courtyard, rooftop, or terrace. All outdoor space shall count towards the project's minimum open space requirement.

Buildings: principal facade and parking. Parking shall be subordinate in design and location to the principal building facade.

Surface parking. Surface parking shall be located to the rear or side of the principal building. Parking shall not be located in the setback between the building and any lot line adjacent to the public right-of-way.

Integrated garages. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.

Parking structures. Building(s) dedicated to structured parking on the same lot as one or more multifamily buildings or mixed-use development shall be subordinate in design and placement to the multifamily or mixed-use building(s) on the lot.

(7)

Waivers. Upon the request of the Applicant and subject to compliance with the Compliance Guidelines, the Site Plan Review Authority may waive the requirements of this Subsection K, General development standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the MCMOD.

Affordability requirements.

Purpose.

Promote the public health, safety, and welfare by encouraging a diversity of housing opportunities for people of different income levels;

Provide for a full range of housing choices for households of all incomes, ages, and sizes; and

Increase the production of affordable housing units to meet existing and anticipated housing needs.

Applicability. This requirement is applicable to all residential and mixed-use developments with 10 or more dwelling units, whether new construction, substantial rehabilitation, expansion, or reconstruction. No project may be divided or phased to avoid the requirements of this section.

Affordability requirements.

Subsidized housing inventory. All units affordable to households earning 80% or less of AMI created in the MCMOD under this section must be eligible for listing on DHCD's Subsidized Housing Inventory.

Provision of affordable housing. In applicable projects, not fewer than 20% of housing units constructed shall be affordable housing units. For purposes of calculating the number of units of affordable housing required within a development project, a fractional unit shall be rounded down to the next whole number. The affordable units shall be available to households earning income up to 80% of the AMI. If EOHLC determines in writing that the Town has not shown this 20% requirement to be feasible, at least 10% of housing units constructed, or such greater percentage as approved by EOHLC in writing, shall be affordable housing units.

Development standards. Affordable units shall be:

Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;

Dispersed throughout the development;

Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or electric vehicle charging stations) within the development;

Located such that the units have equal avoidance of any potential nuisances as market-rate units within the development;

Distributed proportionately among unit sizes; and

Distributed proportionately across each phase of a phased development.

Occupancy permits may be issued for market-rate units prior to the end of construction of the entire development provided that occupancy permits for affordable units are issued simultaneously on a pro rata basis.