Town of North Attleborough, MA Article VI Supplementary Regulations

§ 290-19 Off-street parking and loading.

A. Off-street parking. Off-street parking shall be provided in all districts where off-street parking is required, according to the standards set forth in the following table. Off-street parking in connection with a specific use of land in the retail district abutting North and South Washington Streets may be exempt form these regulations by special exception of the Zoning Board of Appeals. Off-street automobile parking spaces, open or enclosed, shall be considered an accessory use and shall be provided in accordance with Schedule C, Off-Street Parking Regulations. Accessible parking spaces shall be provided in accordance with 521 CMR (Architectural Access Board), as amended. On a lot which is split between two zoning districts, off-street parking which is an accessory use to the principal use of the lot shall be located only within that portion of the lot which is in the same zoning district as the principal use of the lot.

Schedule C Off-Street Parking Regulations
Use	Number of Off-Street Parking Spaces Per Unit
Dwelling, single- and 2-family units	2 per unit
Dwelling, multifamily	2 per unit
Lodging house, YMCA, YWCA, and similar types of group quarters	1 per rental or sleeping unit; any bedroom or group of two beds in a single room constitutes a sleeping unit
Theater, restaurant, gymnasium, auditorium, church, meeting room of private clubs, or similar place of public assembly with seating facilities	1 for each four seats of total seating capacity
Automotive retail and service establishment and other retail and service establishments utilizing extensive display areas, either indoor or outdoor, which are unusually extensive in relation to customer traffic.	1 per 1,000 square feet of gross floor space; in the case of outdoor display areas, 1 for each 1,000 square feet of lot area in such use
Hotel, motel, tourist court	1 for each sleeping room, plus one for each 400 square feet of public meeting area and restaurant space
Other retail, service, finance, insurance, or real estate establishment	1 per each 250 square feet of gross floor space
Wholesale establishment, warehouse, or storage establishment	1 per each 1,000 square feet of gross floor space
Manufacturing or industrial establishment	1 per 600 square feet of gross floor space or 0.75 per each employee of the combined employment of the two largest successive shifts, whichever is larger.
Medical or dental clinic or office building	3 for each doctor, plus one for every two employees
Hospital	2 per bed at design capacity
Nursing home	1 per bed at design capacity
Business, trade or industrial school or college, country clubs	1 per each 200 square feet of gross floor area in classroom and other teaching stations, plus space for gymnasium or auditorium, whichever has the larger capacity
Other school	2 per classroom in an elementary and junior high school; four per classroom in a senior high school, plus space for auditorium or gymnasium, whichever has the larger capacity
Community facility (Town building, recreation, etc.)	1 per each 400 square feet of gross floor space
Public utility	1 for each 400 square feet of gross floor space devoted to office use
	1 for each 800 square feet of gross floor area for other use
Transportation terminal establishment; home occupation.	1 for each 600 square feet of gross floor area
Mixed use	Sum of various uses computed separately
Assisted living facility	4/10 spaces per sleeping unit, plus one employee parking space per 15 sleeping units

B. Off-street loading. For every building hereafter erected for retail and service, wholesale transportation and industrial, and community facility use as specified in Use Schedule B and for every such use hereafter established in an existing building or area, the off-street loading and unloading requirements presented in Schedule D, Off-Street Loading Regulations, shall apply.

[Amended 8-29-2023 by Measure No. 2023-079]

Schedule D Off-Street Loading Regulations
Use	Number of Loading Spaces Per Unit
Retail trade, manufacturing and hospital establishment with over 5,000 square feet of gross floor area.	1 per 20,000 square feet or fraction thereof of gross floor area up to 2 spaces; 1 additional space for each 60,000 square feet or fraction thereof of gross floor area over 40,000 square feet; space used for ambulance receiving at a hospital is not to be used to meet these loading requirements
Business services, other services, community facility (school, church, Town building, recreation, etc.) or public utility establishment with over 5,000 square feet of gross floor area	1 per 75,000 square feet or fraction thereof of gross floor area up to 2 spaces; 1 additional space for up to 200,000 square feet or fraction thereof of gross floor area over 150,000 square feet

C. Each space for off-street parking shall be a minimum of 10 feet by 20 feet and shall include 100 square feet of off-street area for maneuvering and driveways. Accessible parking spaces shall be provided in accordance with 521 CMR (Architectural Access Board), as amended. Each space for off-street loading shall be a minimum of 12 feet by 50 feet with a vertical clearance of at least 14 feet, and shall include 700 square feet of off-street area for maneuvering and driveways.

D. New construction. On all new construction after the date of passage of this bylaw, a location plan of the buildings and parking area, with the exception of residential dwellings on lots within an approved subdivision plan, shall be submitted to the Planning Board in accordance with the requirements for surfacing, drainage, and entrance clearances, etc., as outlined in § 290-26.

E. Change in use. Whenever after the date of this bylaw there is a change in the lawful use of the premises or in the number of employees or business visitors or any other unit of measurement specified in any of the foregoing subsections of this section, and whenever such change creates a need for an increase of more than 20% of the number of off-street automobile parking spaces as determined by the requirements of this section, more off-street parking facilities shall be provided on the basis of the adjusted needs as determined by this section.

F. Mixed uses. In the case of mixed uses, the parking facilities required shall be of the sum of the requirements for the various individual uses, computed separately in accordance with this subsection; parking facilities for one use shall not be considered as providing the required parking facilities for any other use unless it can be clearly demonstrated that the need for parking occurs at different times.

G. Existing spaces. Parking or loading spaces being maintained in any district in connection with any existing use on the effective date of this bylaw, or any spaces subsequently provided in accordance with this bylaw, shall not be decreased or in any way removed from service to the use originally intended to be served so long as said use remains, unless a number of parking or loading spaces is constructed elsewhere such that the total number of spaces conforms to the requirements of Schedules C and D, provided this regulation shall not require the maintenance of more parking or loading space than is required according to the Schedules.

H. Computation of spaces. When the computation of required parking or loading spaces results in the requirement of a fractional space, a fraction of one-half or more shall require one space.

I. Combined facilities. Parking required for two or more buildings or uses may be provided in combined facilities on the same or adjacent lots, subject to approval by the Planning Board where it is evident that such facilities will continue to be available for the several buildings or uses.

J. Location of parking spaces. Required off-street parking spaces shall be provided on the same lot as the principal use.

(1) Parking spaces on a lot which is developed for a multifamily dwelling use shall be no closer than five feet to any side or rear lot line. In such a multifamily dwelling use, no off-street parking spaces (except those located within a garage) shall be located within 15 feet of any wall of a principal building along which are located windows serving habitable rooms for dwelling purposes less than 10 feet above the ground or along which is located an entrance or exit generally intended for use for dwelling purposes by residents thereof.

K. Location of loading spaces. The loading spaces required for the uses listed in Schedule D shall in all cases be on the same lot as the use they are intended to serve. In no case shall the required loading spaces be part of the area used to satisfy the parking requirements of this bylaw.

L. Parking and loading space standards. All parking and loading areas containing over five spaces, including automotive and drive-through establishments of all types, shall be either contained within structures or subject to the following:

(1) The area shall be effectively screened with suitable planting or fencing on each side which adjoins or faces the side or rear lot line of a lot situated in any "R" District. The parking area on a lot which is developed for a multifamily dwelling use shall be effectively screened from neighboring properties with suitable dense evergreen shrubs or other dense evergreen plantings a minimum of five feet in height on each side of the parking area which adjoins or faces a side or rear lot line of a lot. A solid fence a minimum of five feet in height may be substituted for the dense evergreen plantings if suitable landscaping is provided in addition to the fencing.

(2) The area and access driveways thereto shall be surfaced with bituminous or cement concrete material and shall be graded and drained so as to dispose of all surface water accumulation in accordance with acceptable engineering practices. The location of spaces shall be suitably marked by painted lines or other appropriate markings.

(3) A substantial bumper of masonry, steel or heavy timber, or a concrete curb or berm curb which is backed shall be placed at the edge of surfaced areas except driveways in order to protect abutting structures, properties, and sidewalks and screening materials.

(4) The layout of the parking area shall allow access for emergency vehicles at all times and sufficient space for the storage of plowed snow unless removal by some other means is assured.

(5) Any fixture used to illuminate any area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes.

(6) There shall not be any business operation for vehicle repair for profit or gasoline or oil service facilities or any repair made to any motor vehicles, except on a lot occupied by a permitted automotive use. Any gasoline or oil facilities shall be at least 25 feet from any lot line.

(7) There shall not be any storage of materials or equipment or display of merchandise within required parking area except as part of approved building operations.

(8) Parking and loading spaces other than those required for single-family dwellings shall be so arranged as not to permit backing of vehicles onto any street.

(9) Parking and loading spaces serving new residential uses shall be surfaced with a durable pavement.

(10) Any portion of any entrance or exit driveway shall not be closer than 50 feet to the curbline of an intersecting street.

(11) Any entrance or exit driveway shall not exceed 25 feet in width at its intersection with the front lot line except for automotive service stations and fire stations, in which cases the widths may be increased to 30 feet. If entrance and exit driveways are side by side, an island a minimum of six feet wide shall be provided.

(12) The Zoning Board of Appeals may grant a special exception to permit the reduction of the parking space requirements to 80% of that required in Schedule C, Off-Street Parking Regulations, where conditions unique to the use will reasonably justify such a reduction.

(13) The Zoning Board of Appeals may grant a special exception to permit the reduction of the size of the loading space where such reduced size is consistent with the dimensions of the commercial vehicle serving the premises.

(14) The off-street parking and loading standards set forth in § 290-19 shall not apply to motor vehicles displayed or stored within outdoor display areas, provided the motor vehicles are displayed or stored in connection with the sale of motor vehicles by an individual or entity possessing a Class 1 or Class 2 license to sell motor vehicles issued pursuant to Massachusetts General Laws Chapter 140.

§ 290-20 Visibility.

On a corner lot in any district, no sign, fence, wall, tree, hedge, or other vegetation and no building or other structure shall exceed 2 1/2 feet in height above the plane established by the intersecting streets within the triangle formed by the lot lines abutting the intersecting streets and a line connecting points on these lot lines at a distance 25 feet from the point of intersection of the lot lines. A fence, hedge, wall, sign or other structure or vegetation may be maintained on any interior lot, provided that in the front yard area, no such structure or vegetation shall be over three feet in height above the adjacent ground within five feet of the front lot line unless it can be shown that such vegetation will not restrict visibility in such a way as to hinder the safe entry of a vehicle from any driveway to the street.

§ 290-21 Gasoline service stations.

Any gasoline service station or filling station in any district shall conform at least to the following regulations. Where the intensity regulations for any district in which a gasoline service station is located are more restrictive than the regulations contained hereinafter, all gasoline service stations or filling stations shall conform to the more restrictive dimensional requirements.

A. Every gasoline service station shall have a minimum frontage of 120 feet and a minimum area of 12,000 square feet, plus an additional 2,000 square feet of side area for every two pumps and one service bay in excess of four pumps and two service bays.

B. Every structure erected for use as a gasoline service station shall have a minimum setback from the street right-of-way of 40 feet and a minimum setback from all property lines of 10 feet. All pump islands shall be set back a minimum of 25 feet from all property lines.

C. All vehicle service areas shall be constructed to conform to the following standards:

(1) A curb six inches high and six inches wide shall be provided along all property lines abutting street right-of-way except for portions used for driveway entrances.

(2) The entire area used for vehicle service shall be paved, except for any unpaved area that is landscaped, which must be well-protected from vehicle use by a low barrier.

(3) Hydraulic hoist, pits, lubricating, greasing, washing, and repair equipment shall be entirely enclosed within a building. After adoption of this bylaw, the use of pits shall be prohibited in all new construction.

(4) The maximum widths of all driveways at the sidewalk shall be no more than 30 feet.

(5) Minimum angle of driveway intersection with the street shall be no less than 60°.

(6) The minimum distance of any driveway from any property line other than the street property line shall be at least 20 feet.

(7) The minimum distance between curb cuts shall be no less than 40 feet.

D. A wall of evergreen screening or fence five feet high shall be erected along all property lines abutting residential use.

E. No exterior lighting shall by reason of its location, direction, intensity, or color cast glare on any adjacent property or on a public highway right-of-way in such a manner as to interfere with traffic or be confused with or obstruct the view or effectiveness of any official traffic signal, traffic sign or traffic marking. Therefore, flashing lights and red, yellow, and green colored lights are not permitted.

§ 290-22 Mobile homes.

A mobile home must be located in an approved mobile home park and on a lot so as to comply with the minimum lot size and setbacks as set forth in § 290-23 below on mobile home parks.

§ 290-23 Mobile home parks.

[Amended 11-21-2022 by Measure 2022-108]

To alter, modify, or rebuild an existing mobile home park for improvements on or after a disaster in the C-60 Districts, the regulations set forth below will remain in place upon any issuance of building permits, in addition to all others as may be set by the Zoning Board of Appeals or the Board of Health in granting the special exception. For the Board of Health application and requirements, see Board of Health Rules and Regulations. An application to alter, modify, or rebuild cannot be used to enlarge the lot of a mobile home park or to build a new mobile home park.

A. Permits and licenses.

(1) It shall be unlawful for any person to alter, modify, or rebuild any mobile home park, whether charges are levied or not, who does not apply for and receive a special permit from the Zoning Board of Appeals as set forth in Article VIII of this bylaw. Such permit shall be in addition to all other permits and licenses required by state law.

(2) Application for such permit shall be made in writing to the Zoning Board of Appeals, shall be in duplicate and signed by the owner, and shall contain the following:

(a) Name and address of applicant, and name and address of responsible party if other than applicant.

(b) A site plan made showing present sites, park, roads, size, shape, and identification number of the mobile home lots, and location of sanitary provisions shall be filed with and approved by the Planning Board.

(c) Certification of approval of the Board of Health and the State Department of Public Health as to compliance with sanitary requirements set forth in Subsection D.

[Amended 8-29-2023 by Measure No. 2023-079]

(d) Proof of ownership, option or valid lease.

(e) Evidence that all other bylaws and regulations of the Town are met.

(f) Such further information as may be required by the Board to enable them to determine whether the plans and specifications conform to these regulations.

B. Issuance of permit.

(1) Upon approval of an application to alter, modify, or rebuild to the Zoning Board of Appeals, the Building Inspector shall, on payment of the required fee and upon approval by the local Board of Health, as required by state law, issue a permit to execute the approved plans and specifications.

(2) The fee for said permit shall be a minimum of $50 for each mobile home.

C. General requirements for operation of mobile home park. Each mobile home park shall conform to the following requirements:

(1) The park shall be located on a site graded to ensure drainage of surface and subsurface water, and sewage and freedom from stagnant pools.

(2) A minimum of 6,000 square feet shall be provided for each mobile home lot with a minimum frontage of 50 feet. The boundaries of each lot shall be designated by permanent markers, such as stone monuments or iron pipes placed in the ground at each corner, and shall be shown on the plans. Each lot shall contain parking space for one automobile. Each lot shall be kept free from dense growth of brush or weeds. As used in this section, the term "mobile home lot" or "lot" shall mean the defined area intended for occupancy by a single mobile home.

(3) There shall be a minimum of 15 feet of clearance between each mobile home and the lot boundary. In establishing this clearance, awnings, vestibules, or other attached building components; accessory buildings; and patios shall be considered an integral part of a mobile home.

(4) All mobile home lots shall abut on a roadway of not less than 40 feet right-of-way width and 24 feet pavement width.

(5) All roads within the park shall be well-drained, provided with hard surfaces, be maintained in good condition, and shall conform to accepted practices of good design as set forth in the Subdivision Regulations of the Town of North Attleborough.

(6) No mobile home shall be located closer than 30 feet from the traveled portion of any way.

(7) No more than one mobile home shall be located on a mobile home lot. No mobile home shall be situated closer to any property line than would otherwise be allowed by following the side- and rear-yard requirements appropriate to the zoning district in which the mobile home park is located.

(8) In no case shall the gross density of a mobile home park exceed the gross density allowed in the district for other residential uses.

(9) Every mobile home park shall be provided with adequate streetlighting facilities and shall be kept lighted in accordance with the timetable for the lighting and extinguishing of public streetlights.

D. Sanitary requirement for operation of mobile home parks. Each mobile home park shall conform to the following requirements:

(1) A supply of 300 gallons of potable water per mobile home lot per day shall be provided from a source approved by the Board of Health.

[Amended 8-29-2023 by Measure No. 2023-079]

(2) The water supply system shall be connected by pipes to all buildings and all mobile home spaces. All water piping shall be designed, constructed and maintained in accordance with state and local law and sound engineering practices. The water piping system shall not be cross-connected with nonpotable or questionable water supplies, nor be subject to the hazards of backflow or back siphonage.

(3) Individual water service connections which are provided for direct use by mobile homes shall be so constructed that they will not be damaged by the parking of mobile homes.

(4) Every mobile home park shall provide a proper and acceptable sewer and sewage disposal system either by connection to the Town sewer system when available or to a septic tank or other means of treatment and disposal approved by the Board of Health. All fixtures of any kind discharging water or other liquids shall be properly trapped and connected with the sewage disposal system in such a manner as to comply fully with all regulations of the Board of Health and the State Department of Public Health.

[Amended 8-29-2023 by Measure No. 2023-079]

(5) Each mobile home lot shall be provided with an approved electrical connection.

(6) Licensees shall furnish at least one refuse can with tight-fitting cover for each occupied mobile home lot or use any approved collection method in accordance with the State Health Sanitation Laws. Refuse shall be collected and removed regularly and in such manner that no nuisance shall be maintained. It shall be the responsibility of each licensee to maintain proper sanitary conditions with respect to waste and refuse disposal.

E. Registration of mobile homes. Each licensee shall keep a register in which the following shall be recorded forthwith upon the renting of each mobile home lot:

(1) Full name of mobile home owner, lot number and location.

(2) Make, model, size, serial number, year of mobile home and automobiles.

(3) State in which registered and registration number, if any.

(4) Date of arrival and departure of each mobile home.

(5) The parks shall keep the register available for inspection at all times by law enforcement officers, public health officials, and other officials whose duties may necessitate acquisition of the information contained in the register.

F. Fire protection.

[Amended 8-29-2023 by Measure No. 2023-079]

(1) The mobile home park shall be subject to the rules and regulations of the Town of North Attleborough Fire Protection Authority within a jurisdiction. Mobile home park areas shall be kept free of all litter, rubbish, and other flammable materials.

(2) Fire protection measures, as recommended by the Fire Protection Authority within a jurisdiction, shall be taken by the mobile park operator.

G. Supervision. A responsible attendant or caretaker shall be in charge at all times to keep the park, its facilities, and equipment in a clean, orderly, and sanitary condition and shall be answerable with the licensee for any violation of these regulations.

§ 290-24 Private garages.

A private garage or storage area used as an accessory to a single residential dwelling for parking or storage of automobiles shall not exceed a capacity of three automobiles, unless so authorized by the Zoning Board of Appeals.

§ 290-25 Signs.

[Amended 8-29-2023 by Measure No. 2023-079; 11-10-2025 by Measure No. 2026-006]

A. Applicability. No signs shall be attached, erected or otherwise installed on any property without first obtaining a sign permit from the Building Inspector, such permit to be granted only in accordance with the following regulations:

(1) Temporary political signs shall be permitted and shall be exempt from obtaining a sign permit from the Building Inspector.

(2) A 501(c)(3) nonprofit organization that has approval from the Town Council or the appropriate authority having jurisdiction to beautify and maintain Town-owned land will be allowed to erect one sign on each area of beautified land. The sign shall not exceed six square feet. The sign, with approval from the Town Council or the authority of jurisdiction, will include the name of the nonprofit organization and name only of the contributor that will provide the ongoing landscape maintenance. The sign will be permanently placed and maintained by the nonprofit organization on the beautified Town-owned land.

B. Purpose. The purpose of this section of this bylaw shall be to coordinate the type, placement, and scale of signs within the different zoning districts to recognize the commercial communication requirements of all sectors of the business community; and to encourage the innovative use of design and aesthetic consideration.

C. General sign regulations.

(1) No sign shall extend above the roofline of the building to which it is attached. Roof signs are not allowed.

(2) Any traffic or directional sign owned or installed by a government agency shall be permitted.

(3) Temporary interior window displays or temporary banners shall be permitted except as provided in Subsection C(4) below. "Temporary" shall be construed to mean any period not exceeding 30 consecutive days. Temporary political signs shall not be more than 16 square feet in surface area.

(4) A sign (including temporary interior window displays or banners) or its illuminator shall not by reason of its location, shape, size or color interfere with traffic or be confused with or obstruct the view of the effectiveness of any official traffic sign, traffic signal, or traffic marking. Therefore, flashing or animated signs are not permitted and red, yellow, or green colored lights shall not be permitted.

(5) No more than two signs shall be allowed for any one business or industrial establishment in the "C" or "I" Districts.

(6) No more than one sign shall be allowed for any one premises in the "R" Districts.

(7) The limitations as to the number of signs permitted does not apply to traffic or directional signs which are necessary for the safety and direction of residents, employees, customers, and visitors, whether in a vehicle or on foot, of any business, industry or residence.

(8) The supporting members for any pole sign, projecting sign, or any other sign shall be in acceptable proportion to the size of the sign.

(9) No sign shall be erected so as to obstruct any door, window or fire escape on a building.

(10) At the boundary line of the Town and within a street right-of-way, a sign not exceeding five square feet in area, indicating the meetings of any North Attleborough civic organization, may be erected only after the granting of a special permit by the Zoning Board of Appeals.

(11) If lighting is provided, the source of light shall be shielded as to prevent direct glare from the light source onto any public street or onto adjacent property.

(12) In any district, one unlighted temporary sign offering premises for sale or lease for each parcel in one ownership shall be permitted, provided it shall not exceed six square feet in surface area and it shall be set back at least 10 feet from the street lot line.

(13) In any district, one unlighted temporary sign of an architect, engineer or contractor erected during the period such person is performing work on the premises on which such sign is erected shall be permitted, provided it shall not exceed four square feet in surface area and it shall be set back at least 10 feet from the street lot line.

(14) Mobile or portable signs shall not be considered as fixed, standing or outdoor advertising signs and will be subject to only the regulations of Subsection K of this section.

(15) The following types of signs do not require a permit under this section but must be in conformance with all other requirements of this bylaw and any other applicable bylaws, laws, and rules and regulations:

(a) Construction signs of 32 square feet or less.

(b) Directional/information signs of six square feet or less.

(c) Holiday or special events decorations.

(d) Nameplates of one square foot or less.

(e) Political signs.

(f) Public signs or notices, or any sign relating to an emergency.

(g) Real estate signs.

(h) Incidental signs.

(16) Indemnification and insurance. All persons involved in the maintenance, installation, alteration, or relocation of projecting signs within 10 feet of or upon any public right-of-way or property shall agree to hold harmless and indemnify the Town, its officers, agents, and employees against any and all claims of negligence resulting from such work insofar as this bylaw has not specifically directed the placement of a sign.

D. Signs permitted in all districts.

(1) All signs not requiring permits under this bylaw [see § 290-25C(15)].

(2) Nonilluminated political signs, including temporary political signs.

(3) Directional/information sign(s) per lot as required.

(4) Temporary special events sign(s) and decoration(s) per premises for special events, grand openings, or holidays.

E. Signs permitted in any "R" District.

(1) All signs permitted in Subsection D.

(2) One subdivision identification sign per subdivision entrance road, not to exceed 32 square feet in sign area in each location.

(3) One professional nameplate for each medical doctor or dental practitioner, provided such sign shall not exceed one square foot in surface area.

(4) One identification sign for each dwelling unit, provided such sign shall not exceed one square foot in surface area; if lighted, it shall be illuminated with white light by indirect method only; and it shall not be used other than for identifying the occupancy.

(5) One identification sign for each membership club, funeral establishment, hospital, church, other place of public assembly, community facility or public utility use, provided the sign shall not exceed 10 square feet in surface area and, if lighted, it shall be illuminated with white light by indirect method only.

(6) One unlighted temporary sign relating to a new residential subdivision during the actual period of construction, provided it shall not exceed 32 square feet in surface area and it shall be set back at least 10 feet from any street lot line.

(7) Except for professional nameplates and the residential nameplate, any other sign in an "R" District shall be set back at last 1/2 of the required depth of the front yard.

F. Signs permitted in the "C-7.5" District.

(1) Signs permitted in Subsection E, subject to the same regulations, and business signs. General advertising signs shall be prohibited. Projecting signs are prohibited, except for one "icon" or symbolic sign not to exceed four square feet in surface area, and such sign shall not extend beyond the front lot line or into the public right-of-way.

(2) One wall sign or electric awning sign not to exceed 15% of aggregate area of occupancy elevation on which the signs are installed.

(3) Incidental signs not to exceed four square feet of sign area per occupancy.

G. Signs permitted in any other "C" or "IC" District.

(1) Signs permitted in Subsection F, subject to the same regulations, and business signs. General advertising signs shall be prohibited. Projecting signs are prohibited.

(2) One wall sign is permitted for each establishment with frontage on a public way, provided the sign is attached to and parallel with the main wall of the building facing that public way. If the primary customer entrance is located on a different wall that faces a parking area rather than the public way, one additional wall sign is permitted on that entrance-facing wall. The total surface area of each wall sign shall not exceed 5% of the area of the exterior wall to which it is attached. If illuminated, signs shall be lit internally or by indirect white light only.

(3) One pole sign for each street frontage of each establishment, provided it shall not exceed one square foot of sign area for each linear foot of property frontage not to exceed 200 square feet in surface area; no portion of it shall be set back less than 10 feet from any street lot line; it shall not be erected so that any portion of it is over 30 feet above the ground or sidewalk; and if lighted, it shall be illuminated internally or by indirect method with white light only.

(4) One standing (or ground) sign for each lot street frontage of a business establishment in the C-30 and C-60 Business Districts, provided it shall not exceed one square foot of sign area for each linear foot of property frontage not to exceed 200 square feet in surface area, on any one side; no portion of it shall be set back less than 10 feet from any street lot line; it shall not rise to more than 12 feet from the ground or sidewalk; and it shall be illuminated internally or by indirect method with white or blue light only. Where a single lot is occupied by more than one business, whether in the same structure or not, there shall not be more than one standing sign.

H. Signs permitted in the "I" and "OP" Districts.

(1) Wall signs permitted in Subsection G, subject to the same regulations.

(2) One standing (or ground) sign for each establishment, provided it shall not exceed one square foot of sign area for each linear foot of property frontage not to exceed 200 square feet in surface area; it shall be set back at least 15 feet from any street lot line; it shall not be erected so that any portion of it is over 15 feet above the ground or sidewalk; and if lighted, it shall be illuminated internally or by indirect method with white light only.

I. Outdoor advertising signs.

(1) No outdoor advertising sign shall be erected in an "R" or "C" District or in any residentially developed or agriculturally used area in any other district.

(2) No outdoor advertising sign shall be erected in any "I" District:

(a) Within 50 feet of any public way.

(b) Within 300 feet of any public park, playground, or other public grounds, if within view of any portion of the same.

(c) Within a radius of 150 feet from the point where the center lines of two or more public ways intersect.

(d) Upon the roof of any building.

(e) Exceeding an area of 300 square feet or one-half square foot per foot of lot frontage or, in the case of wall signs, of 1/6 of the area of said wall, whichever is smaller.

(f) Exceeding a height of 12 feet.

(g) Within 100 feet of a church, public building or monument.

(3) Outdoor advertising signs shall be subject to all provisions of this bylaw.

(4) If lighted, outdoor advertising signs shall be illuminated by indirect method with white light only.

J. Temporary signs.

(1) Maximum size: 40 square feet. Such permit shall be limited to a thirty-day time of service with a sixty-day time limitation before a new permit can be issued. Signs shall be either attached to building or detached; if detached, setbacks shall be at least 10 feet from any lot line. Signs shall not obstruct the vision triangle specified in § 290-20 of this bylaw.

(2) Temporary signs shall not be internally illuminated and shall be illuminated by indirect external light only.

(3) No temporary sign shall be placed so as to obstruct any means of egress or rights-of-way, sidewalks, etc.

(4) No temporary sign shall be placed such that it obstructs vision or creates traffic hazard.

(5) Temporary signs shall not be allowed on a lot in Principal Use, Residential, as defined in Schedule B of this bylaw, except where otherwise provided.

K. Portable signs.

(1) Maximum size: 40 square feet. Such permit shall be limited to a thirty-day time of service with a sixty-day time limitation allowable before a new permit can be issued. Setbacks shall be at least 10 feet from any lot line.

(2) Portable signs shall not be internally or externally illuminated and shall have no flashing lights or be otherwise animated.

(3) No portable sign shall be placed so as to obstruct any means of egress or rights-of-way, sidewalks, etc.

(4) No portable sign shall be placed such that it obstructs vision or creates traffic hazard.

(5) Portable signs shall not be allowed on a lot in Principal Use, Residential, as defined in Schedule B of this bylaw.

L. Signs, A-frame. One nonilluminated A-frame sign, subject to the following conditions:

(1) Sign shall only announce that particular business being served.

(2) Sign shall not exceed a maximum height of 44 inches and a maximum width of 28 inches with a minimum height of 28 inches.

(3) Sign shall be located directly in front of the business being served and within the property lines.

(4) Sign shall only be displayed during normal business hours and shall be removed and stored indoors during off hours.

(5) Businesses shall be permitted to freely select and change messages related to that entity.

(6) Signs shall not be displayed during times of inclement weather such as high winds or snowstorms.

(7) Businesses having no front yard area may place an A-frame sign on public property, provided that the sign complies with the following:

(a) There shall be no less than five feet of unobstructed sidewalk between the curb and the frontage property line.

(b) The applicant shall sign a waiver of liability form provided by the Town of North Attleborough.

(c) The applicant shall provide proof of liability insurance, specific insurance requirements to be determined.

(8) A-frame sign permits shall be valid for a period of one year.

§ 290-26 Site plan reviews.

A. Purpose. In order to ensure proper provisions for stormwater management, safe vehicular and pedestrian access, fire safety, compliance with the requirements of the zoning bylaw for adequate parking and loading areas, signs, open space, buffers, screening, landscaping, waste and snow removal; to ensure adequate consideration of potential impacts on abutting landowners; and to provide for the review of plans for structures and/or developments which by virtue of their size, location, and/or use may have a significant impact on the environment, traffic patterns or utilities of the Town, the submission of a site plan to the Planning Board for review and approval shall be required.

B. Applicability.

(1) Any request for a building permit or change of use shall not be granted until a site plan for such request has been submitted to and approved by the Planning Board. Site plan review shall be required for:

(a) New construction of a nonresidential use; or

(b) The construction, reconstruction, expansion or substantial alteration or improvement of an existing nonresidential use or nonconforming use that results in a change or substantially different use as listed in Schedule B of this bylaw; or

(c) Any residential use exceeding two dwelling units, with the exception of residential dwellings on lots within an approved subdivision plan; or

(d) The construction or creation of any new parking lot or the expansion or redesign of an existing parking lot; or

(e) Creation of any outdoor storage areas for vehicles, machinery, stock-in-trade or supplies; or the expansion of an existing area unless determined by the Planning Board to be of minimal size or impact.

(2) There are hereby established three levels of site plan review.

(a) Level 1: minor site plan review. An application for minor site plan review shall be accepted for review by the Planning Board in the following instances, provided that the proposed use is allowed by right:

[1] The proposed building or addition has a gross floor area of not more than 2,500 square feet and would result in the creation of not more than five new parking spaces; or

[2] A proposed increase in current parking lot capacity of not more than 10% and the proposed area of land disturbance on the property is not more than 5,000 square feet.

(b) Level 2: Site plan review. Any proposed development that exceeds the thresholds established for minor site plan review or does not exceed the thresholds requiring major site plan special permit review shall be considered a site plan for the purpose of this section.

(c) Level 3: Major site plan special permit review. All proposed developments that exceed one or more of the following review thresholds shall require the Planning Board to issue a special permit for the approval of the site plan, whether or not the proposed use is allowed by right. However, planned business development reviewed under § 290-31 of the bylaw shall not require site plan special permit review.

[1] The number of new parking spaces proposed is greater than 50 spaces.

[2] The gross floor area of the proposed building is greater than 10,000 square feet.

[3] The projected new traffic volume is greater than either 100 peak-hour vehicle trips or 1,000 vehicle trips per day according to the current edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual and inclusive of pass-by and diverted linked trips.

[4] Any project requiring the preparation of a development impact statement in accordance with § 290-30 of the Zoning Bylaw.

C. Submission and plan requirements.

(1) Any person desiring review of a site plan under this section shall submit three full-size plan (minimum of 24 inches by 36 inches) copies and seven 11 inches by 17 inches reduced copies of the plan at a scale not to exceed one inch equals 40 feet, along with a detailed project narrative describing the existing and proposed conditions, three copies of a stormwater management report and traffic impact analysis, if applicable, and two copies of the Form O application directly to the Planning Board after receiving a dated receipt for the filing of the plans with the Town Clerk within the same day.

(2) The Planning Board may request the assistance of outside consultants during its review of a site plan or a major site plan special permit consistent with the peer review procedures and guidelines under the provisions of MGL c. 44, § 53G. At the time of the filing of an application for site plan review, the Planning Board shall determine if an outside consultant(s) is to be retained and, if required, will establish the review fee to be submitted by the applicant to the Town for this purpose.

(3) As part of the submission of a minor site plan for review, the applicant shall prepare a project summary that accurately describes the nature, scale, and the general physical and operational relationship of the proposed project to the surrounding area, along with additional information the applicant may deem pertinent. A conceptual design or layout shall accompany the project description. The plans need not be prepared by a registered professional but shall be drawn to an appropriate scale and include any applicable items in § 290-26C(1). As part of the project description, the applicant may request waivers from the submission of any of the required items that they believe are not applicable to the proposed activity. However, the Planning Board reserves the right after review of a minor site plan to determine, based on conditions specific to the site, that the plan be processed as a site plan for the purposes of providing additional information, including the preparation of the plan by an appropriately registered professional.

(4) Site plans and major site plan special permit plans submitted to the Planning Board shall be prepared by a professional civil engineer, professional land surveyor and landscape architect, as applicable, registered in the Commonwealth of Massachusetts and provide, at a minimum, the following information in the plan set:

(a) Name of the applicant and the lot owner.

(b) Assessor's plat and lot number.

(c) Book and page number of the current deed as recorded in Bristol County North Registry of Deeds.

(d) Zoning district, overlay zones and proposed use of the site.

(e) An existing conditions plan.

(f) Dimensions of the lot and proposed building setbacks from each lot line.

(g) Scale of plan.

(h) Locus plan of the area, showing the specific site at a scale of one inch equals 2,000 feet.

(i) Location of existing and proposed structures, including dimensions, total area, number of stories, and ground elevation at building corners.

(j) Dimensions of parking spaces, loading areas, driveway openings, driveways, service areas and other open uses.

(k) Delineation of a vegetation clearing/limit of work line.

(l) A landscape design for the site, including dimensions and details of sidewalks, fences, walls and planting areas.

(m) All facilities for water, sewage disposal, refuse, snow removal and other waste disposal areas.

(n) A stormwater management design, including, but not limited to: catch basins, drain manholes, pipes, paved waterways, dry wells, riprap, retention and detention storage areas.

(o) All existing and proposed topographic contours at two-foot intervals.

(p) All wetlands, floodplains, waterways and rock outcroppings.

(q) Location, dimensions, and purpose of any easements.

(r) All curbs, granite bounds, and pertinent roadway data, including but not limited to the following: length, bearing, radii, tangent distances, and central angles to determine the exact location, direction, and length of every street and way line, lot line, and boundary line; and to establish these lines on the ground.

(s) Location of all signs and pavement markings.

(t) Zoning table showing compliance with the requirements of Intensity Schedule A.

(u) Proposed location(s) of accessory buildings or exterior storage.

(v) Names and location of all existing abutters, indicating limits of contiguous boundaries and including the owners of land separated from the site by a street.

(w) A photometric lighting plan illustrating a twenty-foot splash-over which ends at the property line.

(x) Details suitable for construction of the various elements of the site plan.

(5) Waivers of the applicable requirements may be requested for all three levels of this section. All waiver requests must be on the cover sheet of the plans and in the accompanying narrative as required in § 290-26C(1).

D. Design standards.

(1) Stormwater management and erosion control. All site plans and major site plan special permit plans submitted for approval shall conform to the provisions of the most current Stormwater Management Regulations as promulgated by the Massachusetts Department of Environmental Protection and, as applicable, to the National Pollution Discharge Elimination System (NPDES) requirements for construction sites. Furthermore, the stormwater management system shall be prepared by a professional civil engineer registered in the Commonwealth of Massachusetts and be designed to:

(a) Permit unimpeded flow of all natural watercourses.

(b) Ensure that the site is prepared and graded in such a manner that development will not cause runoff to be discharged onto another site or into a street in a greater rate than in the predevelopment condition in accordance with the most recent version of the Massachusetts Stormwater Handbook.

(c) Use low-impact development (LID) techniques where possible as the preferred method to achieve management of stormwater, including the use of existing natural areas to control and mitigate runoff.

(d) Connect to the existing public drainage system, if present, provided adequate capacity in the system can be demonstrated by the applicant and the connection, construction methods and materials are approved by the Department of Public Works.

(e) Provide enhancement of the overall quality of the runoff prior to discharge or infiltration.

(f) Storm drains shall be designed to convey runoff from the twenty-five-year storm event based on the Rational Method, and so that the hydraulic grade line elevations of the system do not exceed the elevations of drain manhole rims during the 100-year storm event.

(2) Traffic impact assessment.

(a) The preparation of a traffic impact assessment is not required for the review of a minor site plan. However, the applicant shall demonstrate that adequate lines of sight are provided to and from driveways and access points serving the property based on the posted or prevailing speed of traffic on the intersecting roadway, whichever is greater, in accordance with the sight distance standards of the American Association of State Highway and Transportation Officials (AASHTO) for roadways and intersections.

(b) A traffic impact assessment shall be required for major site plans and for major site plan special permit plans, provided that one or more of the following thresholds is exceeded:

[1] The project will generate 100 or more peak-hour vehicle trips or 1,000 or more vehicle trips per day based on the latest edition of the Institute of Transportation Engineers' (ITE's) Trip Generation Manual and inclusive of pass-by and diverted linked trips.

[2] The project will result in the creation of 100 or more new parking spaces.

(c) When a traffic impact assessment is required, it shall be prepared by or under the direction of a professional engineer duly registered in the Commonwealth of Massachusetts with demonstrated experience in the areas of traffic engineering and/or transportation planning. The traffic impact assessment shall bear the stamp or seal of the professional engineer in responsible charge for the preparation of said document. The scope of any required traffic impact assessment shall be based on the level of site plan review as follows:

[1] Site plans and major site plan special permits where the exceeded threshold is not traffic-related shall include sufficient analyses to demonstrate the following:

[a] Projected daily and peak-hour traffic generation for the project based on the latest edition of the Institute of Transportation Engineers' (ITE's) Trip Generation Manual;

[b] Lines of sight for driveways and access points serving the property meet or exceed the sight-line standards of the American Association of State Highway and Transportation Officials (AASHTO) for roadways and intersections based on the posted or prevailing speed of traffic on the intersecting roadway, whichever is greater;

[c] Driveways and access points are designed to accommodate the turning and maneuvering requirements of emergency and delivery vehicles;

[d] Safe and efficient accommodations are provided for pedestrians and bicyclists; and

[e] On-site circulation and access to parking is safe and unimpeded.

[2] Major site plan special permits where the exceeded threshold is traffic related shall include a traffic impact assessment prepared in accordance with the Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs (EEA)/MassDOT Guidelines for Environmental Impact Report/Environmental Impact Statement Traffic Impact Assessments (TIAs) and the standards of the traffic engineering and transportation planning professions for the preparation of such reports. The traffic impact assessment shall also include the items required for site plans and major site plan special permits where the exceeded threshold is not traffic-related {§ 290-26D(2)(c)[1]}.

(3) Parking requirements. Refer to § 290-19 of this Zoning Bylaw for off-street parking and loading requirements. Plans that employ LID techniques may reduce parking space dimensions to nine feet by 18 feet and the number of parking spaces reduced as determined by the Planning Board as part of site plan review.

[Amended 8-29-2023 by Measure No. 2023-079]

(4) Lighting. A photometric lighting plan showing the location, height, direction, and intensity of existing and proposed external light fixtures shall be submitted with all applications for site plan review. The plan shall show the intensity of illumination at ground level, expressed in footcandles and the means employed to prevent glare, the trespass of light onto adjoining properties or streets and diminish the illumination of the night sky.

(5) Landscaping. A landscape design shall be provided for all site plans submitted for review. The plans may be prepared by a landscape designer or landscape contractor. However, for Levels 2 and 3 (special permits), the design shall be prepared by a registered landscape architect. Landscaping of site plans shall be provided as a minimum in accordance with § 290-31I, whether or not the proposed project is a planned business development. Additional landscaping is encouraged to enhance development of the site commensurate with the intensity of the proposed use.

E. Review criteria. In considering a site plan under this section, the Planning Board shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which located:

(1) Protection of adjoining premises against encroachment of conflicting land uses.

(2) Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets, property, or improvements.

(3) Method of disposal for sewage, refuse, and other wastes resulting from the uses permitted or permissible on the site, and the methods of drainage for surface water, including consideration of groundwater recharge.

(4) Adequacy of space and location for the off-street loading and unloading of vehicles, goods, products, materials, and equipment incidental to the normal operation of the establishment.

(5) Adequacy of lighting such that all lighting and other sources of illumination, whether interior or exterior, and all intense lights emanating from operations or equipment shall be shielded from direct view at normal eye level from adjacent properties and roadways.

(6) Adequate provision of rights-of-way for future access to undeveloped property.

(7) Adequate provision of screening from adjacent properties for any open air use deemed objectionable.

(8) Preservation of natural growth and topographic features, as appropriate.

(9) Ensure that a minimum ten-foot vegetated buffer strip is provided along roadway frontages on nonresidential plans and a thirty-five-foot vegetated buffer is provided between residential and nonresidential properties unless waived by the Planning Board due to spatial constraints.

(10) Compliance with the applicable requirements for land development contained elsewhere in this Zoning Bylaw.

F. Plan review and approval process.

(1) The Planning Board shall act on submitted site plan applications within 45 days after the plan is filed with the Town Clerk unless a special permit is required from the Planning Board or when a Zoning Board of Appeals determination is required.

(2) The Planning Board shall within 45 days after the plan is filed with the Town Clerk review and recommend approval, approval with conditions or denial of a site plan which requires Zoning Board of Appeals determination.

(3) When a project requires site plan review and a special permit from the Planning Board as the special permit granting authority, both reviews shall be conducted simultaneously in order to expedite the review process. The Planning Board shall take final action relative to both the review of the site plan and the special permit application within the time frame established for action on a special permit as provided for in MGL c. 40A, the Zoning Act.

(4) When reviewing a site plan, the Planning Board may waive any submission requirement, development or drainage standard, or design guideline it determines to be unnecessary or not applicable to the review of the project, provided that the Board determines that the project will not have a significant impact on the site, its relationship with abutting properties, traffic impacts to public ways, public infrastructure or services, environmental or historic resources. Waiver request shall be made by the applicant, in writing, with stated reasons for requesting the waiver(s). Any waivers acted on by the Planning Board shall be in writing as part of the decision on the site plan filed with the Town Clerk.

(5) Failure of the Planning Board to act on the site plan within the established time frame shall be deemed approval. However, the applicant may request an extension of the time period for the purpose of revising a site plan or to provide additional information. For Level 3 special permits, the hearing shall be opened within 65 days of the submission of the application to the Town Clerk and the decision shall be filed within 90 days of the closing of the public hearing.

(6) Action on the review, approval or denial of a site plan for projects allowed as of right may be appealed to a court of competent jurisdiction. Site plan actions as part of a special permit may be appealed as provided for in MGL c. 40A, the Zoning Act, within 20 days of the decision being submitted to the Town Clerk.

(7) It shall be unlawful for any owner or person to alter or deviate from the conditions that are shown on an approved site plan without submitting a revised site plan and application to the Planning Board in accordance with the requirements of § 290-26. Furthermore, the Planning Board shall have the power to modify or amend its approval of an approved site plan on application of the person owning or leasing the premises in the event of changes in physical conditions sufficient to justify such action within the intent of this section. All of the provisions of this section applicable to approval shall, where appropriate, be applicable to a modification or amendment.

(8) Applications receiving site plan approval shall within 30 days provide six full-size copies of the approved plan for distribution by the Planning Department to the various Town departments.

(9) A site plan that has been approved shall obtain a building permit within one year thereof, or the site plan approval shall be rendered null and void. An applicant receiving approval for a site plan for which a special permit has also been issued shall obtain a building permit within two years of said site plan approval, or the site plan approval shall be rendered null and void.

(10) Prior to the issuance of a certificate of occupancy, an as-built plan prepared by a professional land surveyor registered in the Commonwealth of Massachusetts shall be submitted to the Planning Board for the administrative record along with a certification by a professional civil engineer registered in the Commonwealth of Massachusetts that the site plan and stormwater management system have been constructed in substantial compliance with the approved plan. Any substantial deviation from the approved plan shall be noted, along with the reason for the change.

(11) The Planning Board shall adopt, and from time to time amend, reasonable regulations and filing fees to supplement the administration of site plan review. Doing so, the applicant is required to pay the standard application fee in accordance with the fee schedule; the applicant is also responsible for the sliding scale for any new square footage.

§ 290-27 Open space residential development.

A. General. Open space residential development shall be allowed in the Town of North Attleborough by special permit in accordance with MGL c. 40A, § 9, § 290-48H of this bylaw (except that for this purpose the Planning Board will be the special permit granting authority), and this section in R-15, R-20 and R-40 Districts.

B. Special permit granting authority (SPGA). For the purpose of this section, the Planning Board shall be the special permit granting authority, pursuant to MGL c. 40A, §§ 1A and 9.

C. Purpose. The purposes of open space residential development shall be to protect the public interest in clean air and water, conserve and protect natural resources, encourage the preservation of open space, and encourage design flexibility by authorizing density and use restrictions which vary from those otherwise permitted in the district, in accordance with this section.

D. Minimum size of development. An open space residential development shall consist of a tract of land in single or consolidated ownership of at least 15 contiguous acres in size.

E. Permitted primary uses.

(1) Primary uses may include the following:

(a) Dwelling, single-family.

(b) Dwelling, two-family.

(c) Dwelling, multifamily.

(d) Accessory uses to the above as specified in Use Schedule B for the applicable zoning district.

(2) The following restrictions shall apply to primary uses:

(a) No home occupations or professional uses shall be permitted.

(b) Motor vehicles shall be parked only in designated parking areas.

(c) Permanent accessory structures shall be subject to approval on the site development plan.

F. Permitted open space uses.

(1) Permitted open space uses may include the following:

(a) Active open space recreational uses such as:

[1] Playgrounds and tot lots.

[2] Ball fields and ball courts.

[3] Outdoor swimming pools or swimming areas.

[4] Hiking and walking trails.

[5] Golf course.

(b) Natural areas such as:

[1] Wildlife preserve.

[2] Bird sanctuary.

[3] Preservation area for endangered plant species.

(c) Agricultural and silvicultural uses, but excluding buildings or structures associated with such uses.

(d) Preservation of areas subject to protection under MGL c. 131, § 40, the Wetlands Protection Act.

(e) Preservation of steep slopes, ledges, or other areas which may be deemed unsuitable for development due to topographic conditions.

(f) Buffer areas as put forth in this section and as defined elsewhere in this bylaw.

(g) On-site water runoff and retention areas, erosion control measures, and related facilities.

(2) To ensure the continued provision of open space, the location of all designated open spaces shall be shown on the site plan, and as a condition of the special permit, the several separate parcels shall be subject to deed restrictions for continued open space and depending on the development scheme of the approved development plan shall be owned in one or a combination of the following ways:

(a) As the designated open space portion of a single-family building area.

(b) As the designated open space portion of a two-family building area.

(c) As the designated open space portion of a multifamily building area.

(d) As a single parcel of land conveyed to the Town of North Attleborough and accepted by the Town for park or open space use.

(e) As a single parcel of land conveyed to a nonprofit organization with the principal purpose the conservation of open space.

(f) As a single parcel of land conveyed to a corporation or trust of the owners of building areas or residential units.

G. Permitted density.

(1) The following density schedule shall apply to open space residential developments:

District	Permitted Use	Minimum* Clustered Building Area (square feet per dwelling unit)	Minimum** Gross Building Area (square feet per dwelling unit)
R-40	Dwelling, single-family	20,000	40,000
	Dwelling, two-family	20,000 per dwelling unit	40,000
	Dwelling, multifamily	20,000 per dwelling unit, plus 2,000 per bedroom	40,000
R-20	Dwelling, single-family	10,000	20,000
	Dwelling, two-family	10,000 per dwelling unit	20,000
	Dwelling, multifamily	10,000 per dwelling unit, plus 1,000 per bedroom	20,000
R-15	Dwelling, single-family	9,000	15,000
	Dwelling, two-family	9,000 per dwelling unit	15,000
	Dwelling, multifamily	9,000 per dwelling unit, plus 900 per bedroom	15,000

*	"Minimum clustered building area" is the land area required for the siting of each residential structure exclusive of streets, areas subject to protection under MGL c. 131, § 40 (the Wetlands Protection Act), and open space land.
**	"Minimum gross building area" is the lot area which would be required for siting each residential building under the normal application of zoning.

(2) The total number of proposed dwelling units in the open space residential development shall not exceed the number of dwelling units which could be developed under a normal application of the zoning for the district in which the development is located if the development were to be laid out as a conventional subdivision. For purposes of this section, it shall be assumed that a maximum of 80% of the total tract area, excluding area subject to protection under the Wetlands Protection Act, could be utilized to meet lot area requirements under normal application of this bylaw.

(3) At least 30% of the total tract area (of which at least 50% shall not be area protected under the Wetlands Protection Act or slopes in excess of 25%) shall be set aside as open space in a natural state.

H. Dimensional requirements.

(1) Dimensional requirements within a open space residential development shall comply with Intensity Schedule A of this bylaw for minimum yard setbacks of the open space development from neighboring lot lines, and for maximum height and number of stories.

(2) Within the open space residential development, the minimum distance between the walls of principal buildings which contain windows shall be twice the minimum yard or side setback required in the district under a normal application of this bylaw.

(3) Single-family detached dwellings may be situated on separate building areas which comply in area with the minimum clustered building area, provided that the distance between the buildings is not less than twice the minimum yard or side setback required within Intensity Schedule A.

(4) Two-family dwellings may be situated on separate building areas with a shared side property line and a common building wall between the units, provided the distance between the buildings is not less than twice the minimum yard or side setback required within Intensity Schedule A.

(5) Multifamily dwellings may be situated on separate building areas for each unit, provided the distance between the buildings is not less than twice the minimum yard or side setback required within Intensity Schedule A.

I. Buffers and screening.

(1) The special permit granting authority may, as a condition of the permit, require screening and buffers between the open space residential development and adjoining properties, if natural screening is not available.

(2) The buffer strip shall be of a width deemed necessary to assure protection of neighboring properties, and it may consist of either natural plantings or fencing.

J. Application process.

(1) Preapplication review. Applicants may submit a preapplication, together with drawings, plans, and other material, for informal review by the SPGA and such other official boards deemed appropriate by the SPGA, as specified in the regulations of the Planning Board acting as the SPGA under this section. Such a preapplication shall not constitute an application under this section.

(2) Application.

(a) Applications shall be in the form and contents as specified in the regulations of the Planning Board acting as the SPGA under this section and shall be submitted with the specified number of site development plans prepared by a registered professional engineer or land surveyor.

(b) The site plan shall indicate the location and extent of natural features as the SPGA may require, including soil conditions, topography, slopes, wetlands, historic features, and land areas which are subject to legal restrictions or otherwise unsuitable or inappropriate for development. Areas to be retained as open land, to be the location of dwelling units, location of proposed dwelling units, roads, pathways, parking and service areas, and locations for water, sewer and other utilities shall be identified.

(c) The open space residential development plan shall be generally consistent with the current rules and regulations of the Planning Board for a subdivision plan under the North Attleborough Planning Board's Rules and Regulations Governing Subdivision of Land.

(3) Bonding or other security.

(a) In order to assure that improvements to the open space residential development are fulfilled, the Planning Board shall require that all improvements as specified on the open space residential development plan are properly fulfilled by securing a bond or other negotiable security in an amount satisfactory to the Board or by covenant. The Board shall release all or portions of such security as construction of improvements is approved in accordance with the Town's specifications.

(b) If a covenant is employed as a performance guarantee, such covenant shall be in conformance with a master deed for the open space residential development and shall state that no building areas with the open space residential development shall be sold and no buildings shall be erected thereon until improvements specified as a condition of the special permit are constructed to serve the building areas and/or buildings adequately.

K. Special regulations.

(1) Open space residential developments shall be served by both public water and sewerage systems, except that an open space development in the R-40 District for single-family dwellings only need not be served by the public sewerage system as long as the clustered building area per dwelling is 20,000 square feet or greater.

(2) Open space residential development plans shall be submitted to other Town boards with the appropriate jurisdictions, including wetlands and public health, for approvals as required by state and local laws.

(3) No portion of an approved open space residential development shall be further subdivided or rezoned, and no portion of an open space residential development may be further subdivided or rezoned after the SPGA has approved the plan and recorded its decision with the Town Clerk.

(4) If and when a homeowners' association (HOA) is established for the control of the property in an open space residential development, the HOA documentation shall be reviewed by the Planning Board prior to recording at the Registry of Deeds. The Town of North Attleborough shall have no responsibilities pertaining to the internal affairs of any HOA which may be established.

(5) A special permit granted under this section shall lapse within a two-year period if construction has not commenced within this time period.

(6) Access to all building areas within an open space residential development shall be provided by a common road(s) or way(s) within the open space residential development serving only the said building areas; and no building area(s) shall have access to an existing public way other than by the common road(s) or way(s) within the open space residential development. This restriction on access to building areas within an open space residential development shall not apply to open space areas within said open space residential development.

§ 290-28 Home occupation.

For the use of a dwelling in any "R" District for a home occupation, the following conditions shall apply:

A. No more than one nonresident shall be employed therein.

B. The use is carried on strictly within the principal building.

C. Not more than 40% of the existing gross floor area not to exceed 600 square feet shall be devoted to such use.

D. There shall be no display of goods or wares visible from the street.

E. No advertising on the premises other than a single, small, nonelectric sign not to exceed one square foot in area, and carrying only the occupant's name and his occupation.

F. The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, electrical disturbance, or in any other way. In a multifamily dwelling, the use shall in no way become objectionable or detrimental to any residential use within the multifamily structure.

G. Any such building shall include no feature of design not customary in buildings for residential use.

H. Home occupations, including, but not limited to: fine arts studios; dressmaking; real estate or insurance offices; catering; offices for lawyers, engineers, architects, and land surveyors, teaching of not more than four pupils simultaneously or in the case of music instruments, not more than a single pupil at a time.

I. Not more than one commercial vehicle in connection with such home occupation shall be stored on the premises. An accepted off-street parking space shall be provided for any such commercial vehicle.

§ 290-29 Integrated retail development.

A parcel of land within a C-60 District, containing no less than 40 contiguous acres and developed for one or more buildings containing, in the aggregate, no less than 250,000 square feet of gross floor area principally devoted to retail uses, shall be treated as an integrated retail development. An integrated retail development shall comply with the following requirements, and such requirements, even when inconsistent with or less restrictive than the other requirements of this bylaw, shall govern:

A. Such parcel of land shall be in single ownership or in multiple ownerships subject to easements permitting the common use of access drives and utility systems located within the integrated retail development.

B. An integrated retail development may consist of more than one building and more than one building may be located on a lot in an integrated retail development.

C. No building permit for an integrated retail development or any portion thereof shall be granted until a site plan for the integrated retail development has been submitted to and approved by the Planning Board under § 290-26 of this Article VI.

(1) In addition to the requirements of § 290-26 of Article VI of this bylaw, in reviewing a site plan for an integrated retail development, the Planning Board shall consider the proximity of access to a major interstate highway, and may (i) prohibit entrances and exits onto streets which are residential in nature; and (ii) impose screening and buffers in lieu of or in addition to the requirements of § 290-13F of Article IV of this bylaw, a minimum of 50 feet, or as the Planning Board shall deem appropriate to protect adjacent residential lands. The Planning Board shall also include as a condition of its site plan approval the performance of any written commitments made by the developers of the integrated retail development to the Planning Board, the Town Council or the Finance Committee intended to reduce or limit the impacts, financial or otherwise, of the integrated retail development on the Town. Such condition shall be based on the written information furnished to the Planning Board by the Town Council and the Finance Committee. Such condition shall be binding on the applicant for such site plan approval and the applicant's successors in title and shall be recorded with the Bristol County Registry of Deeds before any building permit is issued for the integrated retail development. Once approved, no site plan may be modified without the approval of the Planning Board; however, the site plan for an integrated retail development may be submitted showing a permitted building area in which buildings are to be located rather than with the locations of the buildings finally established. Provided the boundaries of such permitted building area are approved by the Planning Board, once the site plan is approved, no separate approval of the Planning Board will be required for the actual location of a building or buildings within such permitted building area.

(2) In connection with approval of a site plan for an integrated retail development, the Planning Board shall require the applicant to fund a clerk of the works to assist the Building Inspector in overseeing construction of the integrated retail development.

D. The minimum open space for the integrated retail development shall be 15%. In addition, in the case of integrated retail developments with lot coverage below the maximum lot coverage requirement, the maximum height requirement and the maximum number of stories shall be increased in accordance with the following formula: for every percentage point that the integrated retail development is below the maximum lot coverage requirement, the maximum height requirement shall be increased by three feet; and for each five such percentage points, the maximum height requirement shall be increased by one story, provided that under no circumstances shall any building exceed 50 feet in height or contain more than four stories.

E. The requirements of Intensity Schedule A, as modified by Subsection D of this § 290-29, shall be applied to an integrated retail development as if it were one lot, even though it may be comprised of several lots in different ownerships. Thus, the requirements of minimum lot width, maximum lot coverage and minimum open space shall be applied to the integrated retail development as a single parcel of land, not the individual lots, if more than one, constituting the integrated retail development, and no side or rear yards shall be required in respect of interior lot lines separating ownerships within an integrated retail development. The requirements of this bylaw regulating side and rear yards, minimum lot width, maximum lot coverage and minimum open space shall not be applicable to individual lots within an integrated retail development once site plan approval is obtained for the integrated retail development.

F. In addition to the uses otherwise permitted in a C-60 District in accordance with Schedule B, in an integrated retail development, there shall be permitted as of right the following uses:

(1) Personal services customarily found in retail shopping centers; and

(2) An automobile service center that does not offer gasoline for sale and that is attached to a department store building located within the integrated retail development; and

(3) Theatrical exhibitions, public shows, public amusements, events and exhibitions (excluding carnivals and circuses) on off-street parking areas from January 1 through October 31 but only pursuant to § 290-29K.

G. On-site and off-site stormwater detention areas serving an integrated retail development shall be a permitted use within any zoning district, provided that the plans therefor have been submitted to and approved by the Planning Board concurrently with the approval of the site plan under § 290-26 of this Article VI.

H. For the purposes of applying the off-street parking regulations contained in § 290-19 of Article VI of this bylaw, no building in an integrated retail development shall be treated as consisting of mixed use unless exclusive of its primary use, as identified in Schedule C, one or more other uses identified in Schedule C occupy, in the aggregate, more than 25% of the gross floor space of such building. For purposes of applying such parking regulations, the gross floor space shall consist of the total floor area of the building or buildings designed for tenant occupancy and exclusive use.

I. By the issuance of a special permit pursuant to MGL c. 40A, § 9, and Article VIII of this bylaw (except that for this purpose only, the Planning Board shall be the special permit granting authority), parking spaces in an integrated retail development may have a minimum width of nine feet and a minimum length of 18 feet and entrance and exit drives may exceed 24 feet in width where consistent with good traffic design.

J. Wall signs shall be permitted, provided the aggregate surface area of all wall signs in any one lot in an integrated retail development does not exceed 5% of the aggregate surface area of all exterior walls of buildings on such lot. No more than one pylon sign may be maintained in any integrated retail development, and any such pylon sign shall not exceed 30 feet in height measured from the grade of the center line of the adjacent public way or contain, on any one side, more than 200 square feet of surface area. A reader board sign is permitted as an additional sign on the pylon sign so permitted.

[Amended 8-29-2023 by Measure No. 2023-079]

K. Theatrical exhibitions, public shows, public amusements, events and exhibitions.

(1) Prior to the conduct of any theatrical exhibitions, public shows, public amusements, events and exhibitions in an integrated retail development pursuant to § 290-29F(3), the owner or operator of the integrated retail development shall apply to the Planning Board for the approval of a proposed exhibit area or areas within which such theatrical exhibitions, public shows, public amusements, events and exhibitions may be held. Such approval process shall not require any modifications to any site plan or other permits under which an existing integrated retail development is operating; however, the Planning Board may require such owner or operator to submit a reasonable site plan showing any proposed additions or modifications to any off-street parking areas on which an exhibit area or areas are proposed to be established. The Planning Board, when evaluating an application for approval of an exhibit area or areas, may consider unreasonable effects on pedestrian and vehicular traffic and may impose reasonable conditions with respect to traffic and pedestrian safety; provided that the Planning Board shall not impose any restrictions or conditions with respect to the type, time, date and duration of any event to occur on an exhibit area or areas. The Town Council shall have the authority to impose restrictions and conditions with respect to the type, time, date and duration of any event that may occur on an exhibit area or areas approved hereunder as part of procedure set forth in § 290-29K(2) of this bylaw. The Planning Board shall act on an application to establish an exhibit area or areas within an integrated retail development within 35 days after the application and site plan is filed with the Town Clerk. Failure of the Planning Board to act on said application within said thirty-five-day period shall be deemed approval. After the initial approval of an exhibit area or areas by the Planning Board pursuant to this subsection, no additional approval by the Planning Board shall be required for the conduct of any such theatrical exhibitions, public shows, public amusements, events and exhibitions in an integrated retail development pursuant to § 290-29F(3).

(2) An owner or operator of an integrated retail development shall not conduct any theatrical exhibitions, public shows, public amusements, events and exhibitions pursuant to § 290-29F(3) on an exhibit area or areas approved by the Planning Board pursuant to Subsection K(1) above until it has received a license for each such theatrical exhibition, public show, public amusement, event and exhibition from the Town Council pursuant to MGL c. 140, § 181, or any other applicable state law or municipal bylaw. Prior to issuing any such license, the Town Council shall request comments from the Town Planner and Chairman of the Planning Board, Chief of Police, Fire Chief and any other municipal boards or officials the Town Council deems appropriate.

§ 290-30 Development impact statement (DIS).

Any request for a building permit for industrial or commercial development in excess of 10 contiguous acres, or any proposed plan in excess of 50 dwelling units, or when determined appropriate by the Planning Board for development that occurs within designated Floodplain or Water Resources Protection Districts, shall not be granted until a DIS is submitted to the Planning Board by the applicant with appropriate site plan or definitive plan.

A. Purpose. The intent of the DIS is to enable Town officials to determine and evaluate those methods to be used by the applicant to promote the environmental health of the community and to minimize the environmental degradation of the Town's natural resources.

B. Procedure. The Planning Board may waive, in part or whole, any requirements contained in the statement which it deems inapplicable to the project proposal. The developer should discuss the requirements with the Board or its agent prior to preparation of the statement, preferably prior to submission of a tentative plan.

C. Contents. The statement shall be a technical document with references and maps for all findings wherever possible. The Planning Board shall review the statement and request written recommendations from the Conservation Commission, Board of Public Works and Board of Health which shall evaluate effects on stormwater runoff flows; erosion and sediment control plans; method of recycling water into the ground; the maintenance and improvement of the flow and quality of surface and subsurface waters; the preservation or promotion of wildlife refuges, historic sites, unique geological, botanical and archaeological features, existing or potential trails and access to open space areas; and the health and safety of the inhabitants of the area. The DIS shall include the following:

(1) Physical conditions.

(a) Description of existing, general physical conditions of the site, including topography, location and varieties of vegetation and geologic type, scenic and historical features, trails and open space links, and indigenous wildlife.

(b) Description of how project will affect the above features.

(c) Provide a complete description of the project, including its effect on the surrounding area and watershed.

(d) Impact of proposed development on air quality and noise levels.

(e) Applicant shall submit one alternative development plan which also shall minimize impacts on natural resources.

(2) Surface water and erosion content.

(a) Description of location, size and type of existing water bodies, wetlands and floodplains; including existing surface drainage characteristics, both within and adjacent to the project.

(b) Developer shall provide calculated stormwater runoff peak discharges based on a twenty-five-year design storm for present and future condition scenarios (comparable to state acceptable standards).

(c) Runoff calculations and pollutant loading analysis shall use the Natural Resources Conservation Service's (NRCS) Soil Cover-Complex or Rational Methodology. Pollutant loadings resulting from the project shall analyze phosphorus, nitrate, BOD and suspended solids in ppm compared with acceptable state standards; to assist in analysis of project's impact on water quality.

[Amended 8-29-2023 by Measure No. 2023-079]

(d) Describe and evaluate the temporary erosion and sediment control techniques to be used during construction; i.e., sediment basins and type of mulching, matting or temporary vegetation.

(e) Describe approximate size and location of land to be cleared at any given time and length of time of exposure; covering of soil stockpiles, and other control methods.

(f) Describe and evaluate the permanent methods to be used to control erosion and sedimentation. Criteria to include in a descriptive analysis are:

[1] Calculate amount of anticipated soil loss on-site due to erosion; use of ARS Universal Soil Loss Equation shall be employed.

[Amended 8-29-2023 by Measure No. 2023-079]

[2] Designate any existing or proposed areas subject to flooding.

[3] Proposed surface drainage system(s).

[4] Methods to be used to protect existing vegetation.

[5] The relationship of the development to the topography, including techniques to control runoff.

[6] Any proposed alterations of shore lines, marshes or seasonal wet areas.

[7] Any existing or proposed flood control or drainage easements.

[8] Estimated increase of peak runoff caused by altered surface conditions, and methods to be used to return water to the subsurface.

[9] Effects on surface water quality.

(3) Subsurface water and soil conditions.

(a) Where appropriate, the Board may require soil surveys to establish the suitability of the land for proposed storm and sanitary drainage installations and building foundation stability. In preparing the statement, the applicant shall utilize the soil survey maps and manual prepared by the Natural Resources Conservation Service, U.S. Department of Agriculture.

[Amended 8-29-2023 by Measure No. 2023-079]

(b) Describe and evaluate the impact of the sewage disposal method(s) on surface and subsurface water, soils, drainage and vegetation.

(c) Describe any limitations on proposed project resulting from subsurface soil and water conditions; including methods to overcome limitations.

(d) Describe approximate depth to bedrock and groundwater table based on reference to surficial geology maps or through test borings.

(e) Describe procedures and findings of percolation tests conducted on the site.

(f) Evaluate impact of sewage disposal methods on quality of subsurface water.

(4) Human environment.

(a) Provide a tabulation of proposed buildings by type, minimum lot area (number of bedrooms, floor area), ground coverage, and a summary showing the percentage of the tract to be occupied by buildings and parking, and usable open space.

(b) Describe type of construction, building materials used, location of common areas, location and type of service facilities (laundry, trash, garbage disposal).

(c) Provide a description of location, size and type of active and passive recreational facilities and open space available to residents.

[Amended 8-29-2023 by Measure No. 2023-079]

(d) Describe proximity to transportation facilities, shopping areas and educational centers.

(5) Service impact.

(a) Provide data estimating traffic flow at peak hours, including roadway volume, level of service and capacity estimations on connecting streets.

(b) Determine safety impact the development will have on connecting arterial streets; accident trends and rates are to be calculated.

(c) Show the location of parking areas, circulation patterns and number of vehicle spaces.

(d) Determine the effect of the project on the Town water supply and distribution system.

(e) Determine electrical impact and sewerage impact on existing Town facilities.

(6) Fiscal impact.

(a) Conduct a quantitative-qualitative cost-revenue fiscal analysis describing the cumulative impact the development shall have on Town financial resources.

[1] Cost factors include the following: project effect on police and fire protection, highways and Public Works' service, solid waste disposal facilities, educational services, recreational facility impact and health services.

[2] Revenue factors include the following: project effect on property taxes, vehicular taxes, licenses and fees, fines and miscellaneous taxes.

(b) The Planning Board may require the developer to adhere to planning methodologies deemed appropriate by the Board in ascertaining a project's fiscal impact on local finances; methodology information supplied by Planning Board, or designated agent.

§ 290-31 Planned business development.

A planned business development (PBD) may be allowed on a lot in the C-7.5, C-30, C-60, OP-60, IC-30 and I-60 Districts, subject to a special permit from the Planning Board as the special permit granting authority (SPGA), and subject to the additional criteria stipulated in this § 290-31, and, in accordance with the requirements of § 290-17 of this Zoning Bylaw, all retail, service, and commercial developments greater than five acres in size within the C-7.5, C-30, C-60, OP-60, IC-30 and I-60 Districts shall be subject to review under this § 290-31. The submission of a site plan accompanying an application for a special permit under this § 290-31 shall supersede and alleviate the need to submit a separate site plan under § 290-26 of this Zoning Bylaw.

A. Special permit granting authority (SPGA). For the purposes of this section, the Planning Board shall be the special permit granting authority, pursuant to MGL c. 40A, §§ 1A and 9.

B. Purposes of planned business development. The purposes of a PBD shall be:

(1) To avoid and to lessen traffic congestion and to promote traffic safety on state and local highways and roads by the coordination of adjacent land uses and traffic patterns within the commercial districts.

(2) To promote and attract visually pleasing commercial development which will expand the commercial tax base of the Town.

(3) To encourage commercial development in clusters and nodes rather than in highway strips, thereby discouraging unlimited commercial strip development and excessive numbers of curb cuts along highways.

C. Minimum size of development. The tract of land (lot) designated for a PBD shall be at least five contiguous acres in size, of which all acreage designated for the PBD shall be within one of the four business (commercial) and/or OP-60, I-60 Districts established in Article II of this Zoning Bylaw, and shall, at the time of submission of the building permit application, be under single ownership or in multiple ownerships subject to easements permitting the common use of access drives and utility systems within the PBD. A tract of land less than five acres in size may be reviewed as a PBD if the SPGA is so requested by the applicant.

D. Minimum open space requirement. The minimum open space requirement for a planned business development may be reduced to 30%, provided that a landscaping plan prepared by a registered professional landscape architect submitted in conjunction with the site plan which accompanies the special permit application is approved by the SPGA, and provided that, if a lot is split between a commercial district and a residential or industrial district, the commercial portion of the lot shall contain at least 30% open space as defined in this Zoning Bylaw.

E. Permitted uses (by right or by special permit). Uses allowed by right in the commercial districts and listed as Retail and Service Uses in Use Schedule B of this Zoning Bylaw shall be allowed in a PBD. All uses in the OP-60 District shall be subject to a PBD. Uses requiring a special permit for the commercial district shall be subject to review under the criteria established in § 290-48H of this Zoning Bylaw for their establishment in a PBD. If necessary, a joint hearing between the Planning Board and the Zoning Board of Appeals may be held when proposed uses require a special permit from the Zoning Board of Appeals. On a lot in an IC-30 District, the uses subject to a PBD shall be those uses listed as Retail and Service Uses in Use Schedule B.

F. Provisions for more than one principal building on a lot. In a PBD, more than one principal building may be located on a lot, provided that the proposed development scheme is approved by the SPGA. All other criteria required by this Zoning Bylaw shall be in effect. If more than one building is located on a lot, the distance between the buildings shall be at least twice the side yard setback specified in Intensity Schedule A of this Zoning Bylaw for the district in which the PBD is located.

G. Traffic impact mitigation. As a condition of special permit approval, the applicant must demonstrate to the SPGA that measures will be taken in order that the project will minimize traffic volume and will minimize negative impacts to safety on adjacent highways. The following standards shall be employed:

(1) Curb cuts.

(a) The number of curb cuts on state and local roads shall be minimized. To the extent feasible, access to businesses shall be provided via one of the following:

[1] Access via a common driveway serving adjacent lots or premises.

[2] Access via an existing side street.

[3] Access via a cul-de-sac or loop road shared by adjacent lots or premises.

(b) The SPGA may require, as a condition of the special permit, that such access roads are constructed in general compliance with the Planning Board's Rules and Regulations Governing the Subdivision of Land.

(2) One curb cut opening (driveway) per planned business development shall be permitted as a matter of right. Where deemed necessary by the special permit granting authority, two curb cut openings (driveways) may be permitted as part of the special permit approval process, which shall be clearly marked "entrance" and/or "exit."

(3) Curb cuts shall be limited to the minimum width for safe entering and exiting, and shall in no case exceed 25 feet in width measured at the beginning of the driveway after the radii are parallel to each other.

(4) All driveways shall be designed to afford motorists exiting to highways with safe sight distance.

(5) The proposed development shall assure safe interior circulation.

(6) In each case, a traffic impact statement shall be prepared by a professional engineer who specializes in traffic engineering. The traffic impact statement shall contain:

(a) A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road.

(b) A plan to minimize traffic safety impacts through such measures as physical design layout concepts, or measures such as those specified in Subsection G(1)(a)[1] to [3] above.

(c) An interior traffic and pedestrian circulation plan designed to minimize conflicts and safety problems.

(7) Access to state highways shall be subject to review and approval by the Massachusetts Department of Transportation as required.

[Amended 8-29-2023 by Measure No. 2023-079]

(8) Sidewalks, walkways, or other safe passageways shall be provided to provide access to adjacent properties and between individual businesses within a development.

(9) Other requirements of § 290-19 of this Zoning Bylaw shall be adhered to.

H. Parking requirements. Proposed projects or uses must comply with parking and off-street loading requirements in § 290-19 of this Zoning Bylaw. To the extent feasible, parking areas shall be located to the side or rear of the structure, and may be shared with adjacent businesses.

I. Landscaping.

(1) A landscaping plan for the entire PBD site shall be prepared by a registered professional landscape architect and shall be submitted as a part of the site plan which is submitted under this section for the site plan which is submitted along with the special permit application under this § 290-31.

(2) A landscaped buffer strip at least 10 feet wide, continuous except for approved driveways, shall be established adjacent to any public road to visually separate parking and other uses from the road. The buffer strip shall be planted with grass, medium-height shrubs, and shade trees (minimum two-inch caliper, planted at least every 50 feet along the road frontage). At all street or driveway intersections, trees or shrubs shall be set back a sufficient distance from such intersections so that they do not present a traffic visibility hazard, in compliance with § 290-20 of this Zoning Bylaw.

(3) Large parking areas shall be divided with forty-foot by ten-foot landscaped islands, so that no paved parking surface shall extend more than 200 feet. At least one tree (minimum two inches caliper) per 40 parking spaces shall be provided.

(4) Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be screened from view from neighboring properties and streets using dense, hardy evergreen plantings, or earthen berms, or wall or tight fence complemented by evergreen plantings.

(5) All landscaped areas shall be properly maintained. Shrubs or trees which die shall be replaced within one growing season.

J. Stormwater runoff.

(1) The rate of surface water runoff from a site shall not be increased after construction. If needed to meet this requirement and to maximize groundwater recharge, increased runoff from impervious surfaces shall be recharged on-site by being diverted to vegetated surfaces for infiltration or through the use of detention and/or retention ponds. Dry wells shall be used only where other methods are infeasible and shall require oil, grease, and sediment traps to facilitate removal of contaminants.

(2) Neighboring properties shall not be adversely affected by flooding from excessive runoff.

K. Erosion control. Erosion of soil and sedimentation of streams and waterbodies shall be minimized by using the following erosion control practices:

(1) Exposed or disturbed areas due to stripping of vegetation, soil removal, and regrading shall be permanently stabilized within six months of occupancy of a structure.

(2) During construction, temporary vegetation and/or mulching shall be used to protect exposed areas from erosion. Until a disturbed area is permanently stabilized, sediment in runoff water shall be trapped by using staked hay bales or sedimentation traps.

(3) Permanent erosion control and vegetative measures shall be in accordance with the erosion/sedimentation/vegetative practices recommended by the Natural Resources Conservation Service.

[Amended 8-29-2023 by Measure No. 2023-079]

(4) All slopes exceeding 25% resulting from site grading shall be either covered with four inches of topsoil and planted with a vegetative cover sufficient to prevent erosion or be stabilized by a retaining wall.

(5) Dust control shall be used during grading operations if the grading is to occur within 200 feet of an occupied residence or place of business. Dust control methods may consist of grading fine soils on calm days only or dampening the ground with water.

L. Procedures for issuance of special permits.

(1) Each application for a special permit shall be filed with the Town Clerk, and two copies shall be filed forthwith by the petitioner with the special permit granting authority and shall be accompanied by six copies of all accessory documentation, including site plans and the development impact statement required by § 290-30 of this Zoning Bylaw, if applicable. Such special permit shall be granted if the SPGA determines that the intent of this bylaw as well as the specific criteria required by this section are met.

(2) The SPGA shall hold a public hearing on each application within 65 days of its receipt from the Town Clerk in conformance with MGL c. 40A, § 9. Notice of public hearing shall be given by publication, posting, and first-class mailing to "parties in interest" as defined in MGL c. 40A, § 11. The SPGA shall act upon each application within 90 days of the public hearing or of any continuance thereof. Failure of the SPGA to take final action upon such application within the ninety-day period shall be deemed to be a grant of the special permit applied for.

[Amended 8-29-2023 by Measure No. 2023-079]

(3) The SPGA shall adopt rules and regulations under this section which shall specify the requirements for plan submission and content and administration of special permits granted under this § 290-31.

(4) Before issuing a special permit, the SPGA shall find that the proposed use is in harmony with the purpose and intent of this Zoning Bylaw, including the criteria established in § 290-48H of this Zoning Bylaw, and any additional criteria required by this § 290-31.

(5) In considering a site plan under this section, the Planning Board shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which located:

(a) Protection of adjoining premises against encroachment of conflicting land uses.

(b) Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets, property, or improvements.

(c) Method of disposal for sewage, refuse, and other wastes resulting from the uses permitted or permissible on the site, and the methods of drainage for surface water, including consideration of groundwater recharge.

(d) Adequacy of space and location for the off-street loading and unloading of vehicles, goods, products, materials, and equipment incidental to the normal operation of the establishment.

(e) Adequacy of lighting such that all lighting and other sources of illuminating, whether interior or exterior, and all intense lights emanating from operations or equipment shall be shielded from direct view at normal eye level from adjacent properties and roadways.

(f) Adequate provision of rights-of-way for future access to undeveloped property.

(g) Adequate provision of screening from adjacent properties for any open air use deemed objectionable.

(h) Preservation of natural growth and terrain features as appropriate.

(i) Ensure that minimum ten-foot vegetated buffer strips are provided along roadway frontages on nonresidential plans, unless waived by the Planning Board due to spatial constraints.

(6) The site plan submitted to the SPGA shall be prepared by a professional registered civil engineer. It shall show, among other things as may be required by the Board in the proper administration of this section, name of applicant and lot owner, Assessor's plat and lot number, book and page number as recorded in Bristol County Registry of Deeds; dimensions of the lot and building distances from each lot line; scale of plan and zoning district use; locus plan of the area showing the specific site at a scale of one inch equals 2,000 feet; location of existing and proposed structures, including dimensions, total area, number of stories, and ground elevation at building corners; dimensions of parking spaces, loading areas, driveway openings, driveways, service areas and other open uses; delineating of a vegetative clearance line; landscape design of the lot, including dimensions of sidewalks, fences, walls and planting areas; all facilities for water, sewage, refuse, and other waste disposal, and for drainage plans, including, but not limited to, catch basins, pipes, paved waterways, dry wells, riprap, retention and detention storage areas; all existing and proposed topographic contours at two-foot intervals; all wetlands, floodplains, waterways and rock outcroppings; location and dimension of any easements; all curbs, granite bounds, and pertinent roadway data, including but not limited to the following: length, bearing, radii, tangent distances, and central angles to determine the exact location, direction, and length of every street and way line, lot line, and boundary line, and to establish these lines on the ground; location of signs; percentage calculations of total land area comprising maximum lot coverage (derived by adding the maximum tract area expressed in square feet minus the total building gross floor area expressed in square feet) and minimum open space (derived by adding the maximum tract area expressed in square feet minus the total building gross floor area and total paved area for parking purposes expressed square feet); proposed location(s) of accessory storage, if any; and names and location of all existing abutters, indicating limits of contiguous boundaries and those owners of land separated from the site by a street.

M. Enforcement.

(1) The SPGA may require the posting of a bond or other negotiable security prior to the issuance of any permits or licenses, as a condition of the special permit, to assure compliance with the site plan and conditions of approval of the special permit under this § 290-31.

(2) Any special permit with site plan approval issued under this section shall lapse within two years if a substantial use thereof has not commenced sooner except for good cause.

(3) The SPGA may periodically amend or add rules and regulations relating to the procedures and administration of this § 290-31.

§ 290-32 Special permits for adult uses.

A. The Zoning Board of Appeals established in § 290-48 of this bylaw may grant a special permit authorizing the establishment of an adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw subject to the provisions of this section.

B. In addition to the findings required under § 290-48H of this bylaw, the Zoning Board of Appeals, in granting a special permit under this section, shall find the following:

(1) No portion of the exterior walls of any building or structure within which any adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw is to be conducted or of any parking or loading area for the use of said building or structure shall be within 500 feet of any residential zoning district or within 500 feet of the nearest property line of any residential use, public or private school, church or other religious facility, or public park or recreation area at the time of the special permit application. The distance specified above shall be measured by a straight line from the nearest property line of the premises on which the adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw is to be located to the nearest boundary line of a residential zoning district, or to the nearest property line of any residential use, public or private school, church or other religious facility, or public park or recreational area, as the case may be.

(2) No portion of the exterior walls of any building or structure within which such adult use is to be conducted or of any parking or loading area for the use of said building shall be within 1,000 feet of any other adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw or from any establishment licensed under the provisions of MGL c. 138, § 12, at the time of the special permit application. The distance specified above shall be measured by a straight line from the nearest property line of the premises on which the adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw is to be located to the nearest boundary line of any other adult use or any establishment licensed under the provisions of MGL c. 138, § 12, as the case may be.

(3) No adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw may be allowed within a building containing other retail, consumer or residential uses, or within a shopping center, shopping plaza, or mall.

C. For each application for a special permit under this section, four copies of said application and all accompanying documentation, including a site plan, shall be filed with the Town Clerk. The SPGA shall hold a public hearing on each application within 65 days of its receipt from the Town Clerk in conformance with MGL c. 40A, § 9. Notice of public hearing shall be given by publication, posting, and first-class mailing to "parties in interest" as defined in MGL c. 40A, § 11. The SPGA shall act upon each application within 90 days of the public hearing or of any continuance thereof. Failure of the SPGA to take final action upon such application within the ninety-day period shall be deemed to be a grant of the special permit applied for.

[Amended 8-29-2023 by Measure No. 2023-079]

D. The SPGA shall adopt rules and regulations under this section which shall specify the requirements for plan submission and content and administration of special permits granted under this § 290-32.

E. Before issuing a special permit, the SPGA shall find that the proposed use is in harmony with the purpose and intent of this Zoning Bylaw, including the criteria established in § 290-48H of this Zoning Bylaw, and any additional criteria required by this § 290-32.

F. Any special permit granted hereunder for an adult entertainment use shall lapse after one year, including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or in the case of a permit for construction, if construction has not begun by such date except for good cause.

(1) The Zoning Board of Appeals established in § 290-48 of this bylaw may grant a special permit authorizing the establishment of an adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw subject to the provisions of this section.[1]

[1] Editor's Note: Original Sec. VI.O.6.2, regarding findings by the Zoning Board of Appeals, of the Zoning Bylaw, which immediately followed this subsection, was repealed 8-29-2023 by Measure No. 2023-079.

G. No special permit will be issued to any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28.

[Added 8-29-2023 by Measure No. 2023-079]

§ 290-33 Adult retirement community.

A. General. Adult retirement communities shall be allowed in the Town of North Attleborough by special permit in accordance with MGL c. 40A, § 9, § 290-33 of this bylaw (except that for this purpose the Planning Board will be the special permit granting authority), and this section, in R-10, R-10S, R-15 and R-20 Districts.

B. Special permit granting authority (SPGA). For the purpose of this section, the Planning Board shall be the special permit granting authority, pursuant to MGL c. 40A, §§ 1A and 9. For the purpose of this bylaw, the special permit granting authority shall be referred to as "SPGA."

C. Purpose. The purposes of adult retirement communities are:

(1) To promote the development of housing for persons 55 and over;

(2) To encourage the preservation of open land for its scenic beauty and to enhance agricultural, open space, forestry, and recreational use;

(3) To protect the natural environment, including the Town's varied landscapes and water resources;

(4) To promote more sensitive siting of buildings and better overall site planning;

(5) To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;

(6) To offer an alternative to standard subdivision development.

D. Minimum size of development. An adult retirement community shall consist of a tract of land in single or consolidated ownership of at least five contiguous acres in size or otherwise comply with the provisions of MGL c. 151B, § 4. An exception, as defined in Subsection O of this section, may be granted on less than five acres by the Zoning Board of Appeals.

E. Permitted primary uses.

(1) Primary uses may include the following:

(a) Dwelling, single-family.

(b) Dwelling, two-family.

(c) Dwelling, multifamily.

(d) Accessory uses to the above as specified in Use Schedule B for the applicable zoning district.

(2) The following restrictions shall apply to primary uses:

(a) A multifamily structure shall not contain more than six dwelling units.

(b) The architecture of all buildings shall blend in with the existing architecture of the surrounding neighborhood.

(c) Residential structures shall be oriented toward the street serving the premises and not the required parking area.

(d) No home occupations or professional uses shall be permitted.

(e) Motor vehicles shall be parked only in designated parking areas.

(f) Permanent accessory structures shall be subject to approval on the site development plan.

F. Permitted open space uses.

(1) Permitted open space uses may include the following:

(a) Agricultural and silvicultural uses, but excluding buildings or structures associated with such uses.

(b) Preservation of areas subject to protection under MGL c. 131, § 40, the Wetlands Protection Act.

(c) Preservation of steep slopes, ledges, or other areas which may be deemed unsuitable for development due to topographic conditions.

(d) Buffer areas as put forth in this section and as defined elsewhere in this bylaw.

(e) On-site water runoff and retention areas, erosion control measures, and related facilities.

(2) To ensure the continued provision of open space, the location of all designated open spaces shall be shown on the site plan, and as a condition of the special permit, the several separate parcels shall be subject to deed restrictions for continued open space and depending on the development scheme of the approved development plan shall be owned in one or a combination of the following ways:

(a) As the designated open space portion of a single-family building area.

(b) As the designated open space portion of a two-family building area.

(c) As the designated open space portion of a multifamily building area.

(d) As a single parcel of land conveyed to a corporation or trust of the owners of building areas or residential units.

G. Permitted density.

(1) Basic maximum number of dwelling units. The basic maximum number of dwelling units allowed in an ARC shall not exceed the following standards:

(a) R-10: eight dwelling units or 16 bedrooms per acre of upland.

(b) R-10S: eight dwelling units or 16 bedrooms per acre of upland.

(c) R-15: six dwelling units or 12 bedrooms per acre of upland.

(d) R-20: six dwelling units or 12 bedrooms per acre of upland.

(2) A minimum of 40% of the parcel shown on the development plan shall be contiguous open space. Any proposed contiguous open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.

(a) The percentage of the contiguous open space which is wetlands shall not normally exceed the percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes set forth in the above subsection. In no case shall the percentage of contiguous open space which is wetlands exceed 50% of the tract.

(b) The contiguous open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes.

H. Density bonus. The SPGA may award a density bonus to increase the number of dwelling units beyond the basic maximum number. The total award of a density bonus shall not exceed 25% of the basic maximum number. A density bonus may be awarded in the following circumstances:

(1) Fifty percent or more of the site has been set aside as contiguous open space within an upland area; or

(2) One dwelling unit has been set aside as affordable to persons or families qualifying as low income or two dwelling units have been set aside as affordable to persons or families qualifying as moderate income.

I. Affordable units. Where affordable units are created, the dwelling units shall be restricted for a period not less than 30 years. The thirty-year restriction shall be approved as to form by legal counsel to the SPGA.

J. Dimensional requirements.

(1) Modification of dimensional requirements. The SPGA encourages applicants for ARC to modify lot size, shape, and other dimensional requirements for lots within an ARC, subject to the following limitations:

(a) Lots having reduced area or frontage shall not have frontage on a street other than a street created by the ARC development; provided, however, that the SPGA may waive this requirement where it is determined that such reduced lot(s) are consistent with existing development patterns in the neighborhood.

(b) At least 50% of the required side and rear yard setbacks in the zoning district shall be maintained in the ARC.

(c) Maximum building height shall conform to the requirements for the district.

K. Design process.

(1) Design process. Each development plan shall follow the design process outlined below. When the development plan is submitted, the applicant shall be prepared to demonstrate to the SPGA that this design process was considered in determining the layout of proposed streets, house lots, and contiguous open space.

(a) Understanding the site. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other.

(b) Evaluating site context. The second step is to evaluate the site in its larger context by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., road and bicycle networks), and cultural (e.g., recreational opportunities) connections to surrounding land uses and activities.

(c) Designating the contiguous open space. The third step is to identify the contiguous open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources of the site and, where appropriate, areas that serve to extend neighborhood open space networks.

(d) Location of development areas. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. The design should include a delineation of private yards, public streets and other areas, and shared amenities, so as to reflect an integrated community or village.

(e) Lot lines. The final step is simply to draw in the lot lines (if applicable).

(2) Drainage. Stormwater management shall be consistent with the requirements for subdivisions set forth in the Planning Board's Rules and Regulations Governing Subdivision of Land, as amended, and all state and federal requirements.

(3) Buffers and screening. A buffer area of 50 feet shall be provided at the perimeter of the property where it abuts residentially zoned districts, except for driveways or streets necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. Buffer areas shall be continually maintained by the owners. The SPGA may waive the buffer requirement:

(a) Where the land abutting the site is the subject of a permanent restriction for conservation or recreation so long as a buffer is established of at least 50 feet in depth which may include such restricted land area within such buffer area calculation; or

(b) Where the land abutting the site is held by the Town for conservation or recreation purposes; or

(c) The SPGA determines that a smaller buffer will suffice to accomplish the objectives set forth herein. The fifty-foot buffer can be included within the open space calculation.

L. Application process.

(1) Application.

(a) Applications shall be in the form and contents as specified in the SPGA Rules and Regulations Governing Subdivision of Land and shall be submitted with the specified number of site development plans prepared by a registered professional engineer or land surveyor.

(b) The site plan shall indicate the location and extent of natural features as the SPGA may require, including soil conditions, topography, slopes, wetland, historic features, and land areas which are subject to legal restrictions or otherwise unsuitable or inappropriate for development. Areas to be retained as open land, to be the location of dwelling units, location of proposed dwelling units, roads, pathways, parking and service areas, and locations for water, sewer and other utilities shall be identified.

(c) The adult retirement community shall be consistent with the current rules and regulations of the Planning Board for a subdivision plan under the North Attleborough Planning Board's Rules and Regulations Governing Subdivision of Land.

(2) Bonding or other security.

(a) In order to assure that improvements to the adult retirement community are fulfilled, the SPGA shall require that all improvements as specified on the adult retirement community plan are property fulfilled by securing a bond or other negotiable security in an amount satisfactory to the Board or by covenant. The Board shall release all or portions of such security as construction of improvements is approved in accordance with the Town's specifications.

(b) If a covenant is employed as a performance guarantee, such covenant shall be in conformance with a master deed for the adult retirement community and shall state that no building areas with the adult retirement community shall be sold and no buildings shall be erected thereon until improvements specified as a condition of the special permit are constructed to serve the building areas and/or buildings adequately.

M. Special regulations.

(1) Adult retirement communities shall be served by both public water and sewerage systems.

(2) Adult retirement community plans shall be submitted to other Town boards with the appropriate jurisdictions, including wetlands and public health, for approvals as required by state and local laws.

(3) No portion of an approved adult retirement community shall be further subdivided or rezoned, and no portion of a adult retirement community may be further subdivided or rezoned after the SPGA has approved the plan and recorded its decision with the Town Clerk.

(4) If and when a homeowners' association (HOA) is established for the control of the property in an adult retirement community, the HOA documentation shall be reviewed by the SPGA prior to recording at the Registry of Deeds. The Town of North Attleborough shall have no responsibilities pertaining to the internal affairs of any HOA which may be established.

(5) A special permit granted under this section shall lapse within a two-year period if construction has not commenced within this time period.

(6) The principal street(s) serving the site shall be designed to conform to the Planning Board's Rules and Regulations Governing Subdivision of Land, as amended, where the roadway is or may be ultimately intended for dedication and acceptance by the Town. Private streets shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners, or by the applicant until such time as the unit owners assume ownership of the private streets.

(7) Each dwelling unit shall be served by two off-street parking spaces. Parking spaces in front of and within garages may count in this computation. One off-street visitor parking space shall be provided for every five dwelling units.

N. Decision. The SPGA may approve, approve with conditions, or deny an application for an ARC after determining whether the ARC better promotes the purposes of § 290-1 of this bylaw than would a conventional subdivision development of the same locus. In making this determination, the SPGA shall consider the following factors:

(1) Social, economic, or community needs which are served by the proposal;

(2) Traffic flow and safety, including parking and loading;

(3) Adequacy of utilities and other public services;

(4) Neighborhood character;

(5) Impacts on the natural environment; and

(6) Potential fiscal impact; including impact on Town services, tax base, and employment.

O. Definitions. The following terms shall have the following definitions for the purposes of this section:

ADULT RETIREMENT COMMUNITY (ARC)

A development subject to the age restriction and the other standards set forth in this section, as authorized by a special permit. All of the land within an ARC shall be within one or a combination of the R-10, R-10S, R-15 or R-20 Districts.

AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS LOW INCOME

Affordable to persons in the area under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning less than 50% of the median income and in compliance with the standards for the Local Initiative Program, 760 CMR 45.00.

AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS MODERATE INCOME

Affordable to persons in the area under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning more than 50% but less than 80% of the median income and in compliance with the standards for the Local Initiative Program 760 CMR 56.00.

[Amended 8-29-2023 by Measure No. 2023-079]

AGE RESTRICTION

That all of the occupied units of the adult retirement community shall be occupied by at least one person who is age 55 or older (the "qualified occupant"); provided, however, that in the event of the death of the qualified occupant(s) of a unit or other involuntary transfer of a unit, a one-year exemption shall be allowed to allow for the rental of the unit to another qualified occupant(s) so long as the provisions of the housing laws (defined below) are not violated by such occupancy. The age restriction is intended to be consistent with, and is set forth in order to comply with the housing laws.

CONTIGUOUS OPEN SPACE

Open space suitable, in the opinion of the SPGA, for the purposes set forth in Subsections F and G of this § 290-33 herein. Such open space may be separated by the street(s) constructed within the adult retirement community. Contiguous open space shall not include required yards.

DENSITY BONUS

Additional dwelling unit(s). Computations shall be rounded to the lowest number.

EXCEPTION

In harmony with the general purpose and intent of the bylaw and may be subject to general or specific rules therein contained. Before granting such exception, the Zoning Board of Appeals shall hold a public hearing thereon, after the required public notice as further described in § 290-48F to I of this Zoning Bylaw. When applying for an exception, the applicant shall provide a conceptual site plan illustrating compliance with this bylaw except for the minimum lot requirement.

HOUSING LAWS

The Fair Housing Act, 42 U.S.C. § 3601 et seq., as amended, the regulations promulgated hereunder, 24 CFR Subtitle B, Ch. 1, Section 100.300 et seq. and MGL c. 151B, § 4.

[Amended 8-29-2023 by Measure No. 2023-079]

SPECIAL PERMIT GRANTING AUTHORITY (OR SPGA)

Shall for the purposes of an ARC mean the Planning Board, as provided in § 290-48H of this Zoning Bylaw.

UPLAND

Land not designated a resource area under the Wetlands Protection Act, MGL c. 131, § 40, and 310 CMR 10.00.

§ 290-34 Marijuana establishment zoning.

A. Marijuana definitions. Where not expressly defined herein, terms used in this bylaw shall be interpreted as defined in the regulations governing medical marijuana (935 CMR 501.000) and adult use of marijuana (935 CMR 500.00) and otherwise by their plain language.

[Amended 8-29-2023 by Measure No. 2023-079]

ADULT USE

Use of marijuana that is regulated by 935 CMR 500.00 and cultivated, processed, manufactured, transported, or sold for recreational purposes for individuals 21 years of age or older.

CRAFT MARIJUANA CULTIVATOR COOPERATIVE

An adult use marijuana cultivator comprised of residents of the commonwealth as a limited liability company or limited liability partnership under the laws of the commonwealth, or an appropriate business structure as determined by the Cannabis Control Commission and that is licensed to cultivate, obtain, manufacture, process, package, and/or brand marijuana and marijuana products to deliver marijuana and/or marijuana products to marijuana establishments but not to the consumer.

MARIJUANA CULTIVATOR

An entity licensed to cultivate and/or process and/or package marijuana and/or to deliver marijuana to marijuana establishments for adult use and/or to transfer marijuana for adult use to other marijuana establishments, but not to consumers. A craft marijuana cooperative is a type of marijuana cultivator.

MARIJUANA ESTABLISHMENT

A marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer, marijuana testing facility, marijuana research facility, marijuana transporter, or any other type of licensed adult use marijuana-related business not otherwise defined in this bylaw, § 290-34, except a medical marijuana treatment center.

MARIJUANA PRODUCT MANUFACTURER

An entity licensed to obtain and/or manufacture and/or process and/or package marijuana and/or marijuana products for adult use and/or to deliver marijuana and/or marijuana products to marijuana establishments for adult use and/or to transfer marijuana products to other marijuana establishments for adult use, but not to consumers.

MARIJUANA PRODUCTS

Products that have been manufactured and contain marijuana or an extract of marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including food, edibles, beverages, tinctures, aerosols, oils, ointments, tobaccos, topical products, or other items as may be made available.

MARIJUANA RESEARCH FACILITY

An entity licensed by the Cannabis Control Commission to engage in research involving marijuana and marijuana products.

MARIJUANA RETAILER

An entity licensed to purchase and/or deliver marijuana and/or marijuana products from marijuana establishments for adult use and to sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers for adult use, but not to be used or consumed on premises or parcel. Retailers are prohibited from off-site delivery of cannabis or marijuana products to consumers, and prohibited from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a marijuana establishment.

MARIJUANA TESTING FACILITY

An entity licensed by the Cannabis Control Commission, the Department of Public Health, or such other state licensing agency, that is independent financially from any medical marijuana treatment center or adult use marijuana establishment for which it conducts a test and is qualified to test marijuana in compliance with regulations to test marijuana and marijuana products, including certification for potency, the presence of contaminants, or other testing as may be required.

MARIJUANA TRANSPORTER

An entity that is licensed by the Cannabis Control Commission to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to marijuana establishments but not to consumers. Marijuana transporters may be an existing licensee transporter or third-party transporter.

MEDICAL MARIJUANA TREATMENT CENTER, CULTIVATION AND PROCESSING

Also known as a "registered marijuana dispensary" as defined by 935 CMR 501.000, means an entity registered under 935 CMR 501.000 or such other applicable state regulation, as the case may be, that acquires, cultivates, possesses, processes (including development of related products such as edible cannabis or marijuana products, tinctures, aerosols, oils, or ointments), transfers, or transports marijuana or products containing cannabis or marijuana to qualifying retail medical marijuana treatment centers but does not sell directly to qualifying patients or their personal caregivers.

MEDICAL MARIJUANA TREATMENT CENTER, RETAIL

Also known as a "registered marijuana dispensary" as defined by 935 CMR 501.000, means an entity registered under 935 CMR 501.000, or such other applicable state regulation, that acquires, possesses, transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing cannabis or marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers for medical use.

MEDICAL USE

Marijuana that is regulated by 935 CMR 501.000 and designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions.

B. Purpose. The purpose of this section is to:

(1) Allow state-licensed marijuana establishments and medical marijuana treatment centers to exist in Town in appropriate locations in accordance with applicable state laws and regulations regarding medical use marijuana in accordance with 935 CMR 501.000 and MGL c. 94I and adult use marijuana in accordance with 935 CMR 500.00 and MGL c. 94G; and to

[Amended 8-29-2023 by Measure No. 2023-079]

(2) Provide safe and effective access to medical use marijuana and adult use marijuana; and to

(3) Impose reasonable safeguards to govern the place and manner of marijuana establishments and medical marijuana treatment centers to ensure public health, safety, well-being, and mitigate against undue impacts on the natural and built environment of the Town and its residents and visitors; and to

(4) Explicitly prohibit the use of marijuana products for on-site social consumption as defined by the MGL c. 94G.

C. Special permit granting authority (SPGA). For the purpose of this section, the Planning Board shall be the special permit granting authority, pursuant to MGL c. 40A, §§ 1A and 9.

D. Permitted uses. Marijuana establishments and medical marijuana treatment centers are permitted as shown in Article V, Schedule B (Use Regulations) of this Zoning Bylaw. All setbacks and dimensional requirements set forth in Article V, Use Regulations, Intensity Schedule A, shall apply to medical and adult marijuana uses.

E. Buffers and screens.

(1) A buffer area of 300 feet shall be provided measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed marijuana establishment or medical marijuana treatment center. The 300-foot buffer shall apply to houses of worship, public and private K-12 schools, and to licensed day-care facilities.

(2) When the proposed marijuana establishment or medical marijuana treatment center is near athletic fields or play structures, a 350-foot buffer shall be measured from the edge of the athletic field or the nearest play structure.

(3) The applicant shall demonstrate compliance with buffer requirements under this regulation by provision of maps and by an inventory of tenants and owners within the buffer, or by any other means the Planning Board may require as part of the application submittal.

(4) No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance or landscaping approved by the Planning Board or its agent.

F. Applicability.

(1) Any request for a building permit or change of use not permitted by right on Schedule B (uses permitted by right are indicated by a "P" in Schedule B) shall not be granted until an application for a special permit has been submitted to and approved by the Planning Board.

(2) Site plan review may be required by the Planning Board as part of the Special permit in accordance with § 290-26 of this bylaw.

G. Marijuana special permit application.

(1) For each application for a marijuana special permit, the following shall be submitted to the Town Clerk:

(a) Eight copies of said application;

(b) Eight 11 inches by 17 inches copies of a site plan, if required;

(c) Eight copies of proposed hours of operation;

(d) Eight copies of a description of the purpose of the marijuana establishment or medical marijuana treatment center;

(e) One copy of material safety data sheets (MSDS) and product safety data sheets (PSDS) or "safety data sheets," as they are known now, for all products used or produced on-site per OSHA regulations;

(f) Eight copies of a list of products as required in Subsection G(1)(e);

(g) Eight copies of a list of twenty-four/seven contacts with contact information;

(h) Eight copies of demonstration of buffer requirements, including maps and an inventory of tenants and owners within the buffer;

(i) Eight copies of building elevations showing proposed exterior signage to scale, with dimensions and material of signage; and

(j) Three checks: one made payable to the Town of North Attleborough as the application fee, one made payable to the U. S. Postal Service for abutter notifications (amount to be determined individually), and one for the publication fee (vendor and amount to be determined individually).

(2) Letter from the North Attleborough Police Department. The applicant shall submit a security plan to the North Attleborough Police Department to demonstrate that there is limited undue burden on the Town public safety officials as a result of the proposed marijuana establishment or medical marijuana treatment center. The security plan shall include all security measures for the site and transportation of marijuana and marijuana products to and from off-site premises to ensure the safety of employees and the public and to protect the premises from theft or other criminal activity. A letter from the North Attleborough police to the Planning Board acknowledging receipt and its comments pertaining to such a security plan shall be submitted as part of the application.

[Amended 8-29-2023 by Measure No. 2023-079]

(3) If a site plan review is required per § 290-26B, then it is recommended that the site plan review application and the marijuana use license and permit application are filed at the same time.

(4) The applicant shall submit proof that the application to the Cannabis Control Commission has been deemed complete pursuant to 935 CMR 500.102. Copies of the complete application, redacted as necessary, shall be provided as part of the application to the SPGA, and no special permit application shall be deemed complete until this information is provided. No special permit shall be granted by the SPGA without the marijuana establishment first having been issued a provisional license from the Commission pursuant to 935 CMR 500.00.

[Amended 8-29-2023 by Measure No. 2023-079]

(5) The Planning Board may require additional information and may adopt reasonable rules and regulations under this section which shall supplement and specify further requirements for application submission and content and administration of special permits granted under this section. When reviewing a special permit, the Planning Board may also waive any submission requirement or design guideline it determines to be unnecessary or not applicable to the review of the project, provided that the Planning Board determines that the project will not have a significant impact on the site, its relationship with abutting properties, traffic impacts to public ways, public infrastructure or services, environmental or historic resources. Waiver request shall be made by the applicant, in writing, with stated reasons for requesting the waiver(s). Any waivers acted on by the Planning Board shall be in writing as part of its written decision.

H. Special permit approval process.

(1) The Planning Board may consult with or engage the services of any Town staff, including but not limited to the Conservation Commission, Board of Health, Department of Public Works, Fire Chief, Police Chief, North Attleborough Electric Department, or a professional consultant. The expenses of any such professional shall be paid by the applicant.

(2) In order to grant a special permit, the Planning Board shall make a finding that the proposed use is in harmony with the purpose and intent of this Zoning Bylaw and may impose conditions will not adversely affect direct abutters to ensure adequate mitigation of potential impacts on abutting landowners.

I. Standards and conditions.

(1) Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana establishment or medical marijuana treatment center is located. No outside storage is permitted.

(2) All types of marijuana establishments and medical marijuana treatment centers relative to the cultivation, processing, testing, product manufacturing, retail, or any other type of state-licensed marijuana related business must take place within a fully enclosed building.

(3) All business signage shall be subject to the requirements to be promulgated by the Massachusetts Cannabis Control Commission, the Massachusetts Department of Public Health, or such other state licensing authority, as the case may be, and the requirements of § 290-25, Signs, of this bylaw with the exception that no temporary, portable, or A-frame signs are permitted.

(4) No marijuana establishment or medical marijuana treatment center shall be managed by any person other than the licensee or their assign. Such licensee or assign shall be on the premises during regular hours of operation and shall be responsible for all activities within the licensed business and shall provide emergency contact information for the North Attleborough Police Department to retain on file.

(5) Marijuana establishments and medical marijuana treatment centers shall employ odor-control technology such that no odor from marijuana cultivation or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana establishment or medical marijuana treatment center or at any adjoining use or property.

J. Marijuana special permit lapse.

(1) Any special permit granted hereunder shall lapse after one year, excluding such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause as determined by the Building Inspector or, in the case of a permit for construction, if construction has not begun by such date except for good cause.

[Amended 8-29-2023 by Measure No. 2023-079]

(2) A special permit granted under this section shall have a term limited to the duration of the applicant's ownership and use of the premises as a marijuana establishment or medical marijuana treatment center. A special permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special permit.

K. On-site consumption. On-site consumption of marijuana and marijuana products, as either a primary or accessory use, shall be prohibited at all marijuana establishments and medical marijuana treatment centers unless permitted by a local ballot initiative process, as allowed by MGL c. 94G, § 3(b). The prohibition of on-site social consumption shall include private social clubs or any other establishment which allows for social consumption of marijuana or marijuana products on the premises, regardless of whether the product is sold to consumers on site.

§ 290-35 Environmentally friendly open space design (EFOSD).

A. Special permit granting authority (SPGA). For the purpose of this section, the Planning Board shall be the special permit granting authority, pursuant to MGL c. 40A, §§ 1A and 9. For the purpose of this bylaw, the special permit granting authority shall be referred to as "SPGA."

B. Purpose.

(1) To govern the use of land within the R-20 and R-40 Residential Districts into not more than five demise parcels;

(2) To allow low-density residential development as an alternative to conventional subdivision;

(3) To promote land conservation and preserve the rural character of the Town;

(4) To eliminate Town costs and maintenance responsibility for roadways, lighting and future repairs.

C. Standards. An EFOSD shall only be authorized under a special permit granted by the special permit granting authority, and approval pursuant to MGL c. 41, §§ 81K to 81GG, shall be required.

(1) A group of not more than five and not less than two demise parcels for development of single-family homes sharing common frontage and a private access drive/common drive may be allowed by SPGA in the R-20 and R-40 Residential Districts. The total number of demise parcels shall not be more than the number of lots allowed in a conventional subdivision of the land, but in no case greater than five demise parcels off of a single private access drive.

(2) An environmentally friendly open space design may be permitted on a single tract of land under single ownership, or on several contiguous lots under multiple ownerships which must be combined into one single ownership at the time of submission of a building permit application, having a minimum frontage of 40 feet on an existing public way and a minimum lot area of six acres.

(3) The SPGA reserves the right to waive/reduce the following standards in exchange for the required reduction in density within the EFOSD: underground utilities; pavement widths; turnaround and driveway center line radii and construction; berms; and drainage.

(4) The Planning Board shall consider recommendations from the Board of Health, Conservation Commission, Department of Public Works, Electric Department, Police Chief, Fire Chief, the Highway Superintendent, and peer review engineer in its decisionmaking process.

(5) Each EFOSD shall include two fire hydrants, including but not limited to a dry hydrant, fire cistern, or a fire hydrant, where the development is serviced by municipal water, pursuant to the Water Department requirements. Where no municipal water service is available, a dry hydrant or similar system should be investigated. A fire hydrant and supporting appurtenances, including but not limited to the water main, shall be owned and maintained by the Town within a utility easement.

(6) Municipal gravity sewer service (if connection within 900 feet of the common driveway entrance is available) shall be provided in accordance with Sewer Department requirements.

(7) Electric service shall be provided below ground in accordance with NAED requirements.

(8) Natural gas service (if available) shall be installed in accordance with utility provider requirements.

(9) All utilities, including hydrant and supporting appurtenances, water main, and any sewer, electric, or gas line appurtenances, shall be owned and maintained by the Town or service providers within a utility easement a minimum 30 feet in width. Greater width may be required based on utility separation requirements or the needs of the utility provider.

D. Requirements.

(1) Minimum dimensions. No primary dwelling shall be closer than 60 feet to any other primary dwelling or public way and 50 feet to any exterior perimeter lot boundary line. Exclusive use area must be no more than 20,000 square feet per proposed demise parcel.

(2) Access.

(a) Definition. The "private access drive/common drive" is defined as that portion of the driveway that provides access to a maximum of five individual parcels. The private access drive/common drive becomes a private access at the point at which it provides access to one parcel. No future extension of the private access drive/common drive shall be permitted.

(b) All private access drives/common drives shall be privately owned, and all maintenance, including snow removal, streetlighting, repaving and similar activities, shall be the sole responsibility of the abutters to the private access drive/common drive. A deed restriction shall be placed in each deed out to ensure this condition and understanding.

(3) Design standards. Applicants must consider environmentally sensitive site design and low-impact development techniques to manage stormwater. Incorporating a design that uses the land to filter and recharge the water back into the ground and also reduces the amount of paved areas is critical in creating sustainable development. Documentation used to create a trust or association of the owners of the dwelling units to own and maintain the private access drive/common drive is required. A restrictive covenant absolving the Town from present or future maintenance responsibilities for the private way, excluding any municipal water main(s), sewer, electric, or gas line(s) and supporting appurtenances which shall be owned and maintained by the Town or utility service provider within a utility easement, is required.

(a) All private access drives/common drives shall be constructed in a manner ensuring reasonable and safe access for all vehicles, including, but not limited to, emergency, fire and police vehicles. A safe means of a turnaround for emergency vehicles shall be provided at the end of the common drive.

(b) Design. Common driveways shall be designed and built in accordance with the North Attleborough Department of Public Works construction standards to allow for the safe passage of all vehicles.

[1] The common portion of the private access drive/common drive shall not exceed 900 feet in length.

[2] The common drive shall be a minimum of 20 feet wide, with a minimum three-foot maintained shoulders on each side.

[3] Maximum driveway grade shall be 10%; minimum grade shall be 1%. Grades at intersecting roadways shall not exceed 3% for the first 30 feet from the sideline of the intersecting edge of pavement.

[4] The common drive shall be a paved surface. A minimum gravel base of 12 inches shall be required. Gravel shall have no aggregate larger than six inches. A three-inch dense graded crushed stone layer shall be placed over the twelve-inch base, with two-inch bituminous concrete binder and 1 1/2 inch bituminous concrete wearing surface.

[5] The driveway shall be paved from the edge of the existing Town road unless otherwise specified and approved by the SPGA.

[6] Culverts or water crossings must comply with Section 5.12.2, Drainage, in the North Attleborough Subdivision Rules and Regulations and any pertinent requirements of the Department of Public Works and Conservation Commission.

[7] Central mailboxes or cluster boxes approved by the Postmaster General must be provided for each common access drive and must include sufficient space for vehicular turnout for mail delivery and collection.

[8] Driveways to each residence shall have a lamppost installed at their intersection with the common access drive.

[9] Common driveway design shall provide accommodation for safe pickup/drop-off of school students and busses as determined by the School Department.

(c) All common drives serving three or more demise parcels shall install a permanent granite marker or equivalent, of minimal dimensions of five feet in height from grade level, two feet in width and seven inches in depth, and shall be embedded at least 2.5 feet below grade level at the beginning of the common drive where it meets the public way. The granite marker or equivalent shall be engraved with a diagram of the driveways, showing locations, driveway names and house numbers. The bottom edge of the diagram shall be, at a minimum, 30 inches above the finished grade. Should the common drive split, a permanent granite marker or equivalent complying to the above regulations, indicating which homes are located on either side of the split, must also be placed at the intersections.

(d) The common drive shall be inspected by the review engineer to ensure the use of the required materials and proper construction. Any cost for engineering inspections shall be borne by the applicant.

(e) The common drive must be completed up to a point between the proposed house and the Town road, including drainage, paving and grading, and all identification markers must be installed prior to the issuance of a building permit.

(4) Open space.

(a) Any land within the environmentally friendly open space design development not designated as a demise parcel, private access drive/common drive or driveway shall be designated as active/passive open space. Open space land shall have a shape, dimension, character and location suitable for conservation, outdoor recreational facilities of a noncommercial use, agricultural, preservation of scenic or historic structures, parkland, and/or structures accessory to any of the above uses, including septic systems, stormwater management measures, swimming pools, tennis courts, stables, greenhouses.

(b) Provisions shall be made for recorded open space, retained in perpetuity, to be owned by:

[1] Owners of all the homes, in common, in the EFOSD;

[2] A trust or association of the owners of all the homes in the EFOSD;

[3] The North Attleborough Conservation Commission (if adjoining existing Town-owned conservation land); or

[4] Otherwise, as may be authorized by the special permit granting authority.

E. Limitation. No approved EFOSD issued by special permit under this section may be further developed.

F. Application process. An EFOSD special permit application must be filed pursuant to special permit application process, § 290-48H, except that the Planning Board shall be the SPGA for EFOSD special permits.

(1) A preapplication preliminary/concept plan review and hearing with the Planning Board is required for EFOSD special permit applications. Representatives from other municipal departments, including Conservation, Public Works, Health, Electric, Fire and Police, are requested to attend.

(2) Before acting on a special permit application, the special permit granting authority shall conduct a public hearing in accordance with the provisions of this bylaw.

G. Contents of a special permit application for an environmentally friendly open space design development.

(1) The applicant shall be required to submit a conventional preliminary subdivision-type plan depicting lot layout, total length of street layout to nearest existing throughway, including culs-de-sac, and approximate delineation of any natural resources, if applicable.

(2) Documentation which shall be used to create and provide for ownership of open space.

(3) A copy of a restrictive covenant(s) which shall prohibit further development and absolve the Town from present or future maintenance responsibilities for the private way, excluding any municipal water main(s), sewer, electric, or gas line(s) and supporting appurtenances which shall be owned and maintained by the Town or utility service provider within a utility easement, is required.

H. Special permit decision.

(1) The burden of proof shall be upon the applicant in determining the allowable number of parcels. The SPGA reserves the right to challenge the status of any parcel.

(2) The SPGA may impose reasonable conditions, and/or safeguards that further the purpose of § 290-35.

(3) The SPGA may grant a special permit under § 290-35 only if it finds that:

(a) The proposed EFOSD will be in harmony with this section;

(b) That it will be of a benefit to the community;

(c) That it will utilize the site in a more environmentally suitable manner than a conventional subdivision plan for the site; and

(d) That the number of parcels shown is not more than the number of lots allowed under a conventional subdivision plan.

(4) The special permit decision shall include statements that:

(a) The land lies within an approved EFOSD;

(b) The development of the land is permitted only in accordance with the land uses indicated within;

(c) The Town will not accept or maintain the private access drive/common drive, drainage, or any other improvements within the EFOSD, excluding any municipal water main(s), sewer, electric, or gas line(s) and supporting appurtenances which shall be owned and maintained by the Town or service provider within a municipal utility easement; and

(d) All deed restrictions with respect to ownership, use and maintenance, or permanent open space shall be referenced.

(5) Recording of the certificate of approval, conditions and master site plan at the Bristol County Registry of Deeds that authorizes the construction of a way for an EFOSD shall be considered substantial use of the special permit granted under § 290-35. The SPGA has the discretion to regulate the time to complete the common access drive(s) through the required covenant or by bonding.

(6) Bonding requirements shall be pursuant to Section 4.9, Performance, in the North Attleborough Subdivision Rules and Regulations, or as determined by the SPGA.

(7) The restrictive covenant regarding the private access drive/common drive shall be recorded at the Bristol County Registry of Deeds.

(8) Copies of all recorded instruments must be filed with the Planning Board prior to the issuance of any building permit. No certificate of occupancy shall be issued by the Building Inspector until the SPGA has certified that the site has been constructed in accordance with the approved plan and that the required documentation is in place for the private way to be maintained as a private way.

[Amended 8-29-2023 by Measure No. 2023-079]

(9) Issuance of a special permit under this section does not preclude any additional required permitting from any Town department/board/committee.

I. Amendments. An EFOSD special permit may be amended pursuant to § 290-48H. The SPGA may also permit the relocation of parcel lines for the convenience of the several owners within the EFOSD, provided that the minimum parcel area is maintained and further that any changes in overall density or common driveway layout will require further review and a public hearing.

J. Waivers. Strict compliance with the requirements may be waived by the SPGA when so determined, in writing, to be in the best interest of the Town and the intent of this bylaw.

K. Master site plan. Each application submitted under this bylaw shall be accompanied by a plan. The site plan submitted to the SPGA shall be prepared by both a professional registered civil engineer and by a professional land surveyor. It shall show, among other things as may be required by the Board in the proper administration of this section:

(1) Name of applicant and lot owner.

(2) Assessor's plat and lot number.

(3) Book and page number as recorded in Bristol County Registry of Deeds.

(4) Dimensions of the lot and building distances from each lot line.

(5) Scale of plan and zoning district.

(6) Locus plan of the area, showing the specific site at a scale of one inch equals 2,000 feet.

(7) Location of existing structures.

(8) Dimensions of driveway openings, driveways and other open uses.

(9) Delineation of a vegetative clearance line.

(10) All facilities for water, sewage, refuse, and other waste disposal, and for drainage. plans, including, but not limited to: catch basins, pipes, waterways, dry wells, riprap, retention and detention storage areas.

(11) All existing and proposed topographic contours at one-foot intervals.

(12) All wetlands, floodplains, waterways and rock outcroppings.

(13) Location and dimension of any easements.

(14) All concrete, granite bounds, iron pins or drill hole in a large rock base stone which are required at the exterior lot corners.

(15) Pertinent driveway data, including but not limited to the following: length, bearing, radii, tangent distances, and central angles to determine the exact location, direction, and length of every common driveway line, lot line, and parcel lines; and to establish these lines on the ground.

(16) Percentage calculations of open space required in the applicable underlying zone and as provided under this bylaw.

(17) Names and location of all existing abutters, indicating limits of contiguous boundaries and those owners of land separated from the site by a Town street and/or state road.

§ 290-35.1 Accessory Dwelling Units

[Added 10-27-2025 by Measure. No. 2026-024]

A. Purpose. The purpose of this § 290-35.1 is to allow for Accessory Dwelling Units (ADUs), as defined under M.G.L. c. 40A, § 1A, to be built as-of-right in Single-Family Residential Zoning Districts in accordance with Section 3 of the Zoning Act (M.G.L. c. 40A), as amended by Section 8 of Chapter 150 of the Acts of 2024, and the regulations under 760 CMR 71.00: Protected Use Accessory Dwelling Units. This zoning provides for by-right ADUs to accomplish the following purposes:

(1) Increase housing production to address local and regional housing needs across all income levels and at all stages of life.

(2) Develop small-scale infill housing that fits in context of zoning districts that allow single-family housing while providing gentle/hidden density.

(3) Provide a more moderately priced housing option to serve smaller households, households with lower incomes, seniors, and people with disabilities.

(4) Enable property owners to age in place, downsize, or earn supplemental income from investing in their properties.

B. Definitions. For purposes of this § 290-35.1, the following definitions shall apply:

ACCESSORY DWELLING UNIT (ADU)

A self-contained housing unit, inclusive of sleeping, cooking, and sanitary facilities on the same Lot as a Principal Dwelling, subject to otherwise applicable dimensional and parking requirements, that maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the Principal Dwelling sufficient to meet the requirements of the Building and Fire Code for safe egress. ADUs may be detached, attached, or internal to the Principal Dwelling.

DESIGN STANDARDS

Clear, measurable and objective provisions of zoning, or general ordinances or by-laws, which are made applicable to the exterior design of, and use of materials for an ADU when those same design standards apply to the Principal Dwelling to which the ADU is an accessory.

DWELLING UNIT

A single-housing unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. This can include a housing unit within a single-family, duplex, or multi-unit development.

FEE SIMPLE

The fullest form of property ownership, where the property is owned outright with complete rights to use, sell, or transfer it, subject only to laws and regulations.

GROSS FLOOR AREA

The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings or dwelling units but excluding crawl spaces, garage parking areas, attics, enclosed porches, and similar spaces. Where there are multiple Principal Dwellings on the Lot, the GFA of the largest Principal Dwelling shall be used for determining the maximum size of a Protected Use ADU.

LOT

An area of land with definite boundaries that is used, or available for use, as the site of a structure, or structures, regardless of whether the site conforms to requirements of zoning.

PRE-EXISTING NONCONFORMING STRUCTURE

A structure that does not conform to zoning.

PRINCIPAL DWELLING

A structure, regardless of whether it, or the Lot it is situated on, conforms to zoning, including use requirements and dimensional requirements, such as setbacks, bulk, and height, that contains at least one Dwelling Unit and is, or will be, located on the same Lot as a Protected Use ADU.

PROTECTED USE ADU

An attached, detached or internal ADU that is located, or is proposed to be located, on a Lot in a Single-Family Residential Zoning District and is not larger in Gross Floor Area than 1/2 the Gross Floor Area of the Principal Dwelling or 900 square feet, whichever is smaller, provided that only one ADU on a Lot may qualify as a Protected Use ADU. An ADU that is nonconforming to zoning shall still qualify as a Protected Use ADU if it otherwise meets this definition.

SINGLE-FAMILY RESIDENTIAL DWELLING UNIT

A structure on a Lot containing not more than one Dwelling Unit.

SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT

Any zoning district where Single-Family Residential Dwellings are a permitted or an allowable use, including any zoning district where Single-Family Residential Dwellings are allowed as of right, or by Special Permit.

C. Regulations.

(1) General provisions for ADUs.

(a) Permitted ADU type and number. Only one ADU, which must qualify as a Protected Use ADU as defined in Subsection B(8) of this bylaw, shall be permitted per lot. An ADU shall remain accessory to the Principal Dwelling and shall not be in separate ownership from the Principal Dwelling. No other type or additional number of ADUs shall be permitted.

(b) Ownership requirement for detached protected use ADUs and attached protected use ADUs that are additions. Applicants intending to construct either a detached Protected Use ADU or an attached Protected Use ADU that creates an addition to the principal dwelling must hold 100% fee simple interest in the lot. They must submit proof of this ownership, satisfactory to the Building Commissioner, with the permit application. Furthermore, these specific Protected Use ADUs (detached or new-addition) are prohibited in Environmentally Friendly Open Space Design (EFOSD), Adult Retirement Community (ARC), and Open Space Residential Developments.

(c) Code compliance. ADUs shall maintain a separate entrance from the Principal Dwelling sufficient to meet safe egress under the Building Code and Fire Code. ADU construction shall comply with 310 CMR 15.000: The State Environmental Code, Title 5 regulations for a Single-Family Residential Dwelling in the Single-Family Residential Zoning District in which the Protected Use ADU is located.

(d) Short-term rentals prohibited. ADUs shall not be operated as Short-Term Rentals, as defined in M.G.L. c. 64G § 1, and must be rented for periods exceeding 31 days.

(e) Architectural compatibility. The exterior design of the ADU, including but not limited to building materials, roof pitch, window style, and architectural trim is encouraged to be compatible with and reflect the existing architectural elements of the principal dwelling. This is intended to promote visual harmony with the surrounding neighborhood.

(f) Stairways and access/egress visibility. Any new exterior stairways, or alterations to existing structures for access and egress, serving the ADU shall be enclosed, screened, or strategically located to minimize their visibility from public ways.

(g) Location of stairways for upper-floor ADUs. All exterior stairways providing access to an ADU located above the first floor shall be situated on the rear or a side elevation of the dwelling, and shall not be located on any front-facing elevation.

(2) Protected use ADUs. The Building Commissioner shall approve a Building Permit authorizing Protected Use ADU installation and use within, or on a Lot with, a Principal Dwelling in a Single-Family Residential Zoning District, including within, or on a Lot with, a Pre-Existing Nonconforming Structure, if the following conditions are met:

(a) Dimensional standards:

[1] Protected Use ADU shall not be larger than a Gross Floor Area of 900 square feet (or specify a larger Gross Floor Area, if allowed by North Attleborough) or 1/2 the Gross Floor Area of the Principal Dwelling, whichever is smaller.

[2] A Protected Use ADU on a Lot with a Single-Family Residential Dwelling Unit shall not have more restrictive dimensional standards than those required for the Single-Family Residential Dwelling (Section [X]: Dimensional Standards) or accessory structure (Section [X]: Accessory Structures) within the same district, whichever results in more permissive regulation.

[3] A Protected Use ADU on a Lot with a Principal Dwelling that is not a Single-Family Residential Dwelling Unit shall not have more restrictive dimensional standards than those required for its Principal Dwelling (Section [X]: Dimensional Standards), or Single-Family Residential Dwelling (Section [X]: Dimensional Standards), or accessory structure (Section [X]: Accessory Structures) within the same district, whichever results in more permissive regulation.

[4] In the case of corner lots, ADUs must comply with applicable front yard setbacks for all street frontages as required for the principal dwelling in that zoning district.

(b) Off-street parking. One additional off-street parking space shall be required for Protected Use ADUs.

(3) Nonconformance:

(a) A Protected Use ADU shall be permitted within, or on a Lot with, a Pre-Existing Nonconforming Structure so long as the Protected Use ADU can be developed in conformance with the Building Code, 760 CMR 71.00, and state law.

(b) A finding under M.G.L. c. 40A § 6, that the extension or alteration of the pre-existing nonconforming structure is not substantially more detrimental than the existing nonconforming use to the neighborhood, shall be made by the Building Commissioner in an as-of-right process, without requiring a Special Permit or other discretionary waiver.

(4) Specific prohibitions and waivers: The following are prohibited unless a waiver is granted by the Zoning Board of Appeals after an application and public hearing:

(a) Additional curb cuts. The creation of any new curb cut to serve the ADU beyond what exists for the principal dwelling.

(b) ADU location. The placement of a detached or attached ADU in front of the established front building line of the principal residence.

(c) Separation of detached ADU. Locating a detached ADU less than 10 feet from the principal dwelling, measured from the nearest exterior wall or foundation of each structure.

D. Administration and enforcement.

(1) The Building Commissioner shall administer and enforce the provisions of this § 290-35.1.

(2) Application requirements for ADUs. A building permit application for an ADU shall include a site plan, prepared by a Massachusetts Licensed Land Surveyor. The site plan shall be at a sufficient scale and shall clearly depict the following:

(a) Property lines with dimensions and bearings.

(b) Required setbacks for the zoning district.

(c) Existing and proposed lot coverage calculations.

(d) Existing and proposed building heights.

(e) Location of any wetlands, floodplains, or other resource areas as defined by applicable federal, state, or local regulations, including any associated buffer zones.

(f) Existing and proposed driveways and parking areas, including dimensions.

(g) Location of all existing and proposed above-ground and below-ground utilities (e.g., water, sewer, gas, electric, drainage).

(h) Location of existing and proposed septic systems and private wells, including separation distances as required by Title 5 and Board of Health regulations.

(i) Names of adjacent streets.

(j) North arrow and original plan date, with dates of any revisions.

(k) Location, dimensions, and use of all existing and proposed buildings and structures on the property, clearly showing their distances to all property lines.

(l) Location of buildings on abutting properties within 50 feet of the subject property lines.

(m) Names and mailing addresses of the owners of all abutting properties, and properties directly across any street, as per the most recent Assessor's records.

(3) No building shall be changed in use or configuration without a Building Permit from the Building Commissioner.

(4) No building shall be occupied until a certificate of occupancy is issued by the Building Commissioner, where required.