SECTION 9 SPECIAL DISTRICTS

[Amended 5-22-2023]

9.1.1

Purposes. The purposes of the Floodplain District are to:

Ensure public safety through reducing the threats to life and personal injury;

Eliminate new hazards to emergency response officials;

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;

Eliminate costs associated with the response and cleanup of flooding conditions;

Reduce damage to public and private property resulting from flooding waters.

9.1.2

Overlay District Defined. The Floodplain District is herein established as an overlay district. The district includes all special flood hazard areas within the Town of Southbridge designated as Zone A, AE, AH, AO, or A99 on the Worcester County Flood Insurance Rate Map (FIRM) dated June 21, 2023, as amended, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the district shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Worcester County Flood Insurance Study (FIS) report dated June 21, 2023, as amended. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, Conservation Commission and Board of Health.

9.1.3

Base Flood Elevation and Floodway Data.

In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Base Flo0d Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.

9.1.4

Designation of Community Floodplain Administrator. The Town of Southbridge hereby designates the position of Director of Public Works to be the official Floodplain Administrator for the Town.

9.1.5

Notification of Watercourse Alteration or Relocations in Riverine Areas/Requirement to Submit New Technical Data. If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse. Notification shall be submitted to:

Adjacent communities, especially upstream and downstream;

Bordering states, if affected;

NFIP State Coordinator – Massachusetts Department of Conservation and Recreation;

NFIP Program Specialist – FEMA Region 1.

9.1.6

Development Regulations.

Special Permits. In the floodplain, no structure or building shall be erected, constructed, substantially improved, or otherwise created or moved; no earth or other materials dumped, filled, or otherwise created or moved; no earth or other materials dumped, filled, excavated, or transferred, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties unless a special permit is granted by the Planning Board. A special permit may be issued under this Section 9.1 (subject to other applicable provisions of this By-law) if the application complies with all of the following provisions:

The proposed use shall comply in all respects with the provisions of the underlying zoning district.

Within 10 days of receipt of the application, the Planning Board shall transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, DPW Director or designee and Zoning Enforcement Officer. Final action shall not be taken until reports have been received from the above boards or until 35 days have elapsed.

All encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood.

The Planning Board may specify such additional requirements and conditions it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use.

The Town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

In A1-30, AH, and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

All development in the Floodplain District, including structural and nonstructural activities, whether permitted by right or by special permit, must comply with G.L. c. 131, §40, and the following:

780 CMR (Massachusetts State Building Code);

310 CMR (Commonwealth of Massachusetts Regulations), Department of Environmental Protection, wetlands protection regulations (currently Section 10.00);

Minimum requirements for the subsurface disposal of sanitary sewage, DEP (currently 310 CMR 15, Title 5).

A variance from these floodplain By-laws must meet the requirements set out by state law, and may only be granted if: 1) good and sufficient cause and exceptional nonfinancial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.

Variances to Building Code Floodplain Standards:

If the state issues variances to the flood-resistant standards as found in the State Building Code, the community will use this text for local adoption: The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100. of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.

9.1.7

Abrogation. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

9.1.8

Disclaimer of Liability. The degree of flood protection required by this By-law is considered reasonable but does not imply total flood protection.

9.1.9

Severability. If any section, provision or portion of this By-law is deemed to be unconstitutional or invalid by a court, the remainder of the By-law shall be effective.

9.2 Watershed Protection District.

9.2.1

Purposes. The purposes of this Section 9.2 are to protect the health, safety, and general welfare of the Town by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of Southbridge; and to preserve and protect the Town’s drinking water supplies from the detrimental use and development of land and waters within the watershed of the Town’s water supply reservoirs.

9.2.2

Scope of Authority.

The Watershed Protection District is an overlay district and shall be superimposed on other zoning districts established by this By-law. The regulations applicable to the underlying districts shall remain in effect, except that where the Watershed Protection District imposes additional regulations, such regulations shall prevail.

The Watershed Protection District includes all lands within the Town of Southbridge in which the topography of the land causes surface waters to drain into public water supply reservoirs. These areas are delineated on a map entitled "Watershed Protection District," dated January 25, 1993, which is hereby made a part of this By-law and is on file in the Office of the Town Clerk. The source map for the district is the Southbridge 7.5 X 15 minute quadrangle map prepared by the U.S. Geological Survey, 1982.

When a lot is partially located within the Watershed Protection District, the regulations of this district shall only apply to the portion of the lot that lies within the district. Applicants are encouraged to locate uses and activities outside the district and as far from the watershed boundary as is feasible.

9.2.3

Resolution of Disputes.

Due to the scale of the map, there may be small inaccuracies in the delineation of the watershed boundary. Where the bounds delineated are in doubt or in dispute, the applicant and Zoning Enforcement Officer shall conduct an on-site investigation to determine where the drainage divide lies.

If agreement cannot be reached based on the on-site investigation, the burden of proof shall lie with the applicant to provide the Planning Board with information from a registered land surveyor showing where the drainage divide lies. The Director of Public Works shall review such information and submit a recommendation to the Planning Board. The Planning Board, by a simple majority vote, shall determine whether the regulations of the Watershed Protection District apply to the land in question.

If agreement is reached regarding the location of the watershed boundary, the Zoning Enforcement Officer shall notify the Planning Board on how the matter was resolved and include a map showing the location of the proposed use in relation to the boundary.

When a building permit is requested for any proposed use within 100 feet of the watershed boundary, the Zoning Enforcement Officer shall forward to the Planning Board and Director of Public Works a copy of the application along with a map showing the proposed use in relation to the watershed boundary. Such officials may submit a recommendation to the Zoning Enforcement Officer whether or not they believe the use lies within the Watershed Protection District. The Zoning Enforcement Officer shall forward a copy of his decision on the matter to such officials, and the Zoning Enforcement Officer’s decision may be appealed pursuant to Section 2.2.

9.2.4

Use Regulations.

Permitted Uses. Uses permitted in the Residence 1 District (R1) are permitted in the same manner in the Watershed Protection District unless prohibited under subsection (B) of this section.

Prohibited Uses.

OSRD.

Library or museum.

Licensed hospital, sanitarium, nursing, rest, or convalescent home, boarding home for the aged or orphanage, other institution not for correctional purposes.

Country club, fraternal lodge, or other social, civic, or recreational use of a nonprofit organization or membership club.

Any of the following commercial recreational uses: boat, livery, ice skating rink, recreation camp, ski ground, riding academy or stable, picnic grounds, campground, tourist camp, swimming area, sporting events, other recreational and sporting facilities.

Commercial golf courses.

A dwelling or motel type unit complete with kitchen facilities erected for temporary or permanent residence.

Commercial kennel, animal or veterinary hospital.

Mortuary, undertaking or funeral establishment.

10.

Airport or other landing and servicing facility.

11.

Plant or structure for bulk processing of wood or lumber.

12.

Underground storage of oil, gasoline or other petroleum products.

13.

The dumping of snow containing salt or deicing chemicals.

14.

The rendering impervious by any means of more than either 25 percent of the area of a lot or 5,000 square feet. The Planning Board may grant a special permit to exceed this standard if it determines that a system for controlling runoff is installed that will maintain the quality of runoff to that prior to development.

15.

The removal of more than 25 percent of the natural and existing vegetation of a lot, except when necessary for an agricultural operation or pursuant to a state-approved forest cutting practices plan. The Planning Board may grant a special permit to exceed this standard if it determines that best management practices will be used during and after construction to prevent sediment-laden waters from leaving the site.

16.

Privately owned sewage treatment facilities treating more than 15,000 gallons per day.

17.

Landfills and open dumps; landfilling of sludge and septage; and automobile graveyards and junkyards.

18.

Home occupations involving the use or storage of hazardous materials in excess of normal residential use.

Special Permit Uses. The Planning Board may, in its discretion, grant a special permit for any of the following uses:

Storage of salt and other deicing chemicals, fertilizers, pesticides, and herbicides, and manure shall be within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

The use of road salt for ice control shall be minimized, consistent with public safety requirements.

Above-ground storage tanks for oil, gasoline or other petroleum products shall be within a building, or in a freestanding container above ground level, on an impervious surface with protection adequate to contain a spill the size of the container’s total storage capacity. Floor drains shall be plugged to prevent discharges of leaks and spills.

9.2.5

Minimum Lot Size. The minimum lot size for all permitted uses shall be three (3) acres.

9.2.6

Nonconforming Uses and Structures. Nonconforming uses and structures in the Watershed Protection District may be extended or altered through the issuance of a special permit by the Planning Board upon a finding that such extension or alteration shall not be substantially more detrimental to the water supply than the existing use. A nonconforming use shall not be changed to another nonconforming use.

9.2.7

Erosion and Sedimentation Control.

When the vegetative cover is to be changed or removed on over five acres, a soil erosion and sedimentation control plan for the activity must be approved by the Planning Board.

Soil erosion and sedimentation shall be minimized by the following erosion control management practices:

Areas stripped of vegetation, graded, or otherwise disturbed shall be kept to the minimum size necessary for the use or activity. Sediment control measures shall be installed to remove sediment from runoff waters leaving the site.

Vegetative stabilization measures shall also be employed. The banks of all dikes, slopes, basins or traps shall be stabilized with sod, seed, and anchored straw mulch within seven calendar days of disturbance. All other disturbed areas upon which active construction is not being undertaken shall be stabilized within 14 days.

Topsoil stripped from disturbed areas shall be stockpiled in an approved area and stabilized with temporary vegetative cover if left for more than 30 days. Perimeter sediment controls shall be installed around the stockpiled topsoil.

9.2.8

Setbacks.

Natural vegetation shall be retained in a buffer strip extending 150 feet inland from the bank of a public water supply or tributary. No new structures shall be constructed or located within the buffer strip except for structures required for operation of the municipal water supply. Driveways are permitted, and selective thinning and pruning are allowed to enhance views of the water.

Wastewater disposal systems are prohibited within 200 feet of a public water supply and within 100 feet of a tributary to a public water supply. Replacement or repair of an existing septic system is permitted, subject to the approval of the Board of Health.

9.3 American Optical Flex Overlay District.

[Added 2-22-2021]

9.3.1

Intent.

The intent of the American Optical Flex Overlay District (hereinafter referred to as AOFOLD) is to provide the opportunity to fully utilize former mill structures and related properties that are part of the Town’s landscape, character, and history. They are also places of economic activity and economic opportunity. Specifically, this bylaw is intended to:

Provide maximum flexibility for the development and enhancement of AOFOLD properties;

Retain the potential for business and industrial development while permitting residential development;

Foster a greater opportunity for creative development which encourages a mix of uses (residential, commercial, and industrial);

Enhance business vitality, and provide employment opportunities;

Enhance and protect the Town tax revenues; and

Encourage the development of flexible space for small and emerging businesses.

9.3.2

General Requirements.

All uses shall be served by public water and sewer.

All developments shall be reviewed for compatibility with the Southbridge Master Plan and be supportive of the public health, general welfare and safety of the community, including adequate provision of public facilities and a minimum number of access points on existing roads.

The Board may, at its discretion, hire a third-party consultant, also acceptable to the applicant, to aid the Board in its review of any proposed use or site. The fees charged by the third-party consultant shall be borne by the applicant.

Uses currently allowed by special permit may continue. Uses allowed by right in the underlying zone may be developed by the securing of a site plan review through the Planning Board. Any changes to a special permit use will require a new special permit complying with these bylaws.

9.3.3

Allowable Uses by Special Permit.

All industrial, commercial and residential uses not prohibited under Section 9.3.4, subject to the performance and compatibility standards in Section 9.3.5 and the application and permitting requirements of Section 9.3.6, are permitted by special permit.

Within the AOFOLD there shall be no restriction on combining different categories of use, provided such uses conform with the compatibility and performance standards found in Section 9.3.5, within the same building except any imposed by the State Building Code or other federal, state, or local bylaws.

An erosion and sedimentation control plan shall be required when the proposed development will result in a disturbed area that is cumulatively more than one-half acre in size, or when the Board determines that special site conditions warrant such a plan.

9.3.4

Prohibited Uses.

Adult entertainment uses.

Animal sales (on properties of less than 5 acres).

Animal agriculture (on properties of less than 5 acres).

Automobile or truck sales.

Bulk storage or manufacture of materials or products that could decompose by detonation.

Camps (day/boarding).

Car wash.

Cemeteries.

Collection centers.

Dog kennels.

Drive-up services associated with any commercial use (other than banks).

Golf courses.

Letting of rooms.

A facility that contains or conducts research involving Biological Safety Level-3 (or the equivalent term Risk-Group-3) classification or higher.

Rendering.

Rooming and/or boarding house, excluding dormitories for educational uses.

Seasonal camping/tents.

Service stations.

9.3.5

Performance and Compatibility Standards.

Compatibility.

All new uses shall demonstrate, to the satisfaction of the Board, that any such new uses (in addition to meeting the requirements of this section) are compatible with all existing uses.

Any new buildings or accessory structures shall relate harmoniously to each other with adequate light, air circulation, separation between buildings and, to the extent practicable, shall be in harmony with the existing district.

Buildings or structures that are listed on the National Register of Historic Places shall be converted, constructed, reconstructed, restored or altered to maintain or promote the status of the building or structure on the State or National Register of Historic Places.

Access and Traffic Impacts.

Traffic and safety impacts to the existing and proposed roads shall be minimized.

Access shall be provided to the extent feasible through an existing street or driveway; curb cuts shall be limited.

Pedestrian and vehicular traffic shall be separated.

Walkways shall be provided for access to adjacent properties and between businesses.

Nuisance Avoidance.

Uses shall cause no inherent and recurring generated vibration perceptible without instruments at any point between two or more uses or along a property line. Temporary construction is excluded from this restriction.

Smoke shall not be visible beyond a shade darker than No. 1 on the Ringleman Smoke Chart.

Heat and glare generated from within a structure or use shall not be discernible from the outside of any structure.

Odor, dust, and fumes shall be effectively confined to the premises or so disposed as to avoid air pollution.

No activities involving bulk storage or manufacture of materials or products that could decompose by detonation shall be permitted. These materials include primary explosives such as lead azide, fulminates, lead styphnate, and tetracene; high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and their components such as dry nitrocellulose, black powder, boron hydrides, and hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamites and nitroglycerine; unstable organic compounds, such as acetylides, tetrazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuels, fissionable materials and products, and reactor elements, such as uranium-235 and plutonium-239. Utilization of the materials included in this section shall be limited to the minimum quantities necessary for specific research and only after the procurement of all required local, state and federal permits. Material type, quantity, storage handling procedures, and location in the facility shall also be registered with the Fire Department, Police Department, and the Southbridge Planning Board. All local, state, and federal disposal procedures must be followed.

Any electrical radiation shall not adversely affect at any point any operations or any equipment, including not only professional research equipment but also equipment reserved for personal uses such as reception of public radio transmissions, use of cellular phone, etc., except equipment belonging to the creator of the electrical radiation. All FCC rules and regulations must be followed.

No use abutting residential use shall engage in or cause very loud activities as defined in the Town of Southbridge Code of Bylaws Section 7-503 between the hours of 9 P.M. of one day and 7 A.M. of the following day.

Nonresidential uses shall be designed, constructed, and operated, and hours of operation limited where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity. No amplified music shall be audible to neighboring residents.

Common walls between residential and nonresidential uses shall be constructed to minimize the transmission of noise and vibration.

Lighting.

A lighting plan showing existing and proposed exterior lighting, including building and ground lighting; locations, supports, mounting heights, and orientation of all luminaires and light distribution patterns is required.

Parking areas and pedestrian facilities shall be illuminated to provide appropriate visibility and security during hours of darkness.

Exterior lighting shall be architecturally integrated with the building style, material and colors.

Exterior lighting of the building and site shall be designed so that light is not directed off the site, including above the site, and the light source is shielded from direct off-site viewing.

Fixture mounting height should be appropriate for the project and the setting. Use of low, bollard-type fixtures, three to four (3-4) feet in height is encouraged as pedestrian area lighting. The mounted height of fixtures in smaller parking lots or service areas should not exceed sixteen (16) feet, with lower mounting heights encouraged, particularly where adjacent to residential areas.

Raised light pole bases shall be attractively designed and well detailed to be compatible with the overall project.

The use of vandal resistant well lighting is encouraged for lighting monument signs.

Residential Use Restriction.

Residential buildings to be constructed or rehabilitated shall be designed to filter out noise and vibration through construction employing, but not limited to, such techniques as applying soundproofing material between dwelling units laterally and vertically, and between different uses; employing staggered joists and insulation.

Residential density will be limited to the density of the abutting residential zoning district when within 50 feet. When two or more districts abut the AOFOLD project, the highest allowable density shall prevail.

Residential uses (apartment and condominium units) shall be permitted in existing structures and shall consist of not less than five-hundred (500) square feet of livable space.

Buffers, Density and Height.

Where an AOFOLD property abuts a residentially zoned property, a buffer strip of seventy-five (75') feet shall be required for any new non-residential development. Such buffer shall be planted with year-round screening vegetation adequate to buffer the view from the residential zone. Preservation of existing trees and vegetation is preferred where they provide desired screening.

Where the AOFOLD abuts a residentially zoned property, a buffer strip twenty-five (25') feet shall be required for any new residential development.

To reduce the bulk and area of buildings and pavement relative to the overall size of the development; and to provide landscaped areas for visual and sound buffers, increased groundwater recharge and reduced stormwater runoff, the total area of any AOFOLD that may be covered by buildings and paved surfaces shall not exceed fifty (50) percent. The Board may allow by special permit an increase to a maximum of sixty (60) percent impervious coverage when the Board finds that one or more of the following benefits of the development outweigh the impacts of the increased impervious coverage:

The use of grass/pavement block systems or similar treatment reduces storm water runoff; and/or

The development achieves an overall benefit to the community such as elimination of blight conditions, preservation of historic structures, closure of excessive curb cuts, provision of inter-parcel access or service roads or similar benefit.

Maximum building heights for new construction shall be as follows:

Residential – Thirty-five (35) feet, may be higher upon approval by the Fire Chief and the Planning Board.

Commercial – Sixty (60) feet.

Industrial – Sixty (60) feet.

Mixed use – Sixty (60) feet.

For existing structures:

Telecommunication facilities, water tanks, solar collection systems, similar structures and necessary mechanical appurtenances may be erected on an existing structure to a height greater than the limit established for the AOFOLD provided that no such exception shall cover at any level more than twenty-five percent (25%) of the area of the roof on which it is located, except for a solar collection system which may cover more than twenty-five percent (25%) of the area of the roof on which it is located if the architectural design and layout is compatible with that of the structure to which it is affixed and generally in keeping with the character of the neighborhood in which it is to be situated; and provided further, that no such exception shall be used for residential, commercial or industrial purposes other than such as may be incidental to the permitted use(s) of the main structure.

Roof structures and/or roof lines may be integrated together where more than one roof line or roof style is present.

The height limitations of these bylaws for new construction shall not apply to chimneys, gables, cupolas, spires, water towers, flag poles, transmission towers and cables, radio or television antennas or towers or telecommunication service facilities; provided, that the telecommunication facility, and its antenna(s) or associated equipment do not extend more than five (5) feet above the highest point of the building or structure to which they are attached.

Outdoor Storage and Sales Display.

Except as specified below, outdoor storage or display of goods shall be enclosed within permanent walls or fences integrated into the design of the building:

Storage or display racks and goods thereon shall not exceed the height of screening walls or fences.

Goods shall not be displayed in landscaped areas, on exterior walls, or in parking lots.

The Board, at its sole discretion, may permit the outdoor display and sale of merchandise on sidewalks if a written request accompanies the application stating the nature of the outdoor sales including: the location, duration, and types of merchandise to be sold.

Outdoor display areas shall be delineated on the site plan and/or concept plan and shall not impede the normal use of sidewalks or other pedestrian walkways.

No vending machines shall be allowed outside of any buildings.

All materials, supplies and equipment shall be stored in accordance with Fire Prevention Standards of the National Board of Fire underwriters and shall be screened from view from public ways and abutting properties.

Waste Disposal.

Garbage or recycling dumpsters/compactors shall have doors or lids that shall remain closed when not being loaded or unloaded and shall be contained in masonry enclosures supplemented with landscaping if necessary.

No delivery, loading, trash removal, compaction or other similar operations shall be permitted between the hours of 8:00 p.m. and 6:00 a.m. unless the applicant submits evidence that sound barriers between all areas for such operations effectively reduce noise emissions.

Signs.

Signs shall conform to Section 8.9 for each use on the site and, in addition to those requirements, the following:

All signs shall be architecturally integrated with their surroundings in terms of size, shape, color, texture, and lighting so that they are complementary to the overall design of the building and are not in visual competition with other signs in the area.

Signs shall be proportionate to the dimensions of their location.

All signs shall complement their surroundings without competing with each other, shall convey their message clearly and legibly, shall be vandal-proof and weather resistant and, if illuminated, shall not be overly bright for their surroundings. All signs save for wayfinding signs must be externally lit.

Exterior lighting of the building and site shall be designed so that light is not directed off the site and the light source is shielded from direct off-site viewing.

New signs proposed for existing buildings shall provide a compatible appearance with the building signage of other tenants. With multiple signs on a single building, attempt to bring in a unifying element (such as size), even where no sign program exists.

New construction design shall anticipate signage and, where necessary, a sign program. New building design should provide logical sign areas, allowing flexibility for new users as the building is re-tenanted over time. Designs which provide for convenient and attractive replacement of signs are encouraged.

The use of roof signs shall be prohibited.

Freestanding signs shall not be greater than five (5) feet in height. Monument sign materials shall reflect the character of the use and the building the sign identifies.

Free-standing sign bases shall be made of permanent, durable materials such as concrete or brick. Bases made of texture-coated sheet metal are discouraged.

Landscaping and irrigation shall be designed around the base of freestanding signs to integrate the sign with the ground plane and screen out any low level flood lights. Irrigation shall be designed so it does not damage the sign.

Freestanding signs on poles which have a top-heavy appearance are discouraged.

Driveway directional signs shall only be used for projects where circulation is complex and traffic must proceed through the site along a specific path for service. Where the layout of the parking lot and driveways are obvious and clearly apparent to the driver entering from the street, directional signage is not appropriate. When not appropriate or needed, such signage can visually clutter the site and will be discouraged.

Any external spot or flood lighting shall be arranged so that the light source is screened from direct view by passersby, and so that the light is directed against the sign and does not shine into adjacent property or blind motorists and pedestrians.

Landscaping Requirements.

Existing trees shall be maintained as practicable and any new trees shall be carefully selected and located where they will complement the building elevation and shall not block all retail storefront signage from view.

Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials.

Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic.

Shrubs or trees that die shall be replaced within one growing season.

All new plant materials shall be sized so that the landscaping has an attractive appearance at the time of installation and a mature appearance within three years of planting.

All proposed shrubs except accent, color or ground cover planting shall be a minimum of 5 gallon size. Shrubs and ground cover plants shall be spaced close enough together to ensure an attractive and mature planting effect.

Energy conservation within structures shall be addressed by recognizing the sun exposure on the site and providing or maintaining appropriate tree species (deciduous trees on the southern exposure, coniferous and broadleaf evergreen trees along the eastern and western exposures, and evergreens along the northern exposure.)

Tree species, when additional trees are proposed, should be selected with root growth habits that will not cause damage to sidewalks, or such tree species should be sited away from such hardscape areas.

Landscaping plans shall show all obstructions such as street lights, meters, backflow devices, utility covers, transformers, and similar objects which may affect plant placement and installation limitations.

10.

When constructing new landscape planting areas on surfaces which were previously covered by pavement or structures, all existing asphalt, base rock or other deleterious material shall be removed to the depth of the native soil and clean soil shall be used to backfill the planting area.

11.

All exposed dirt areas shall be covered with bark or mulch or other weed control measures included as part of final landscape.

12.

Street tree placement shall include consideration for vehicle line of sight, entrance and exit curb cuts, street light and traffic control devices, and other site-specific conditions as part of design review process.

13.

First-year plantings must be watered weekly throughout the growing seasons.

Parking and Loading Areas.

Parking shall conform to Section 7.1 and additionally shall meet the following standards:

Parking lots shall provide well defined routes for vehicles, delivery trucks, and pedestrians.

Loading areas visible from a public street or adjacent property shall be screened with masonry walls supplemented by landscaping if necessary.

To the maximum extent feasible, landscaped islands with raised curbs shall be used to define parking lot entrances, the ends of parking aisles, and the location and pattern of primary driveways, and to provide pedestrian walkways where appropriate.

Parking areas shall be screened from adjacent residential uses, streets, and walkways using trees and shrubs adapted to the region, of specimen quality conforming to the American Standard for Nursery Stock, American Standards Institute, Inc., 230 Southern Building, Washington, DC 20005, and shall be planted according to accepted horticultural standards. Berms may be used for screening along the street in conjunction with plant materials.

Where a mix of uses creates staggered peak periods of parking demand, shared parking calculations shall be submitted to reduce total required parking. A reserve area for future development shall be provided on the site plan.

The use of porous pavement and/or perforated brick or block shall be used to the extent feasible to increase on-site water retention for plant material, groundwater supplies, and to reduce problems associated with runoff.

Within the Town’s right-of-way all curbing shall be constructed of granite.

Medical and/or Biological Research.

In the establishment, operation, and design of medical and biological research laboratories and facilities, the standards and procedures, as amended, of the National Institutes of Health, Bethesda, Maryland and Centers for Disease Control will apply. No facility shall contain or conduct research involving Biological Safety Level-3 (or the equivalent term Risk-Group-3) classification or higher.

9.3.6

Applications and Permit Procedures.

Before an application is made, it is suggested that the applicant become familiar with the bylaws contained in this section as well as those contained in Section 2.5, which addresses special permits, and Section 2.6, which addresses site plan, and consult with the Planning Board and/or Planning Office for other bylaws to consider and for any clarifications.

There are two application procedures for development in the AOFOLD:

A concept plan application for the entire AOFOLD property without a special permit application for specific land uses to be reviewed by the Development Review Team and presented to the Planning Board for review and comment(s); and

A special permit application for each proposed use within the AOFOLD.

Concept Plan Application.

Purpose. The concept plan is intended to illustrate the general development plan and expected land uses without requiring the detail and expense of the site plan required as a part of a special permit submittal.

Exemptions.

The concept plan is not required when the site plan submitted with a special permit application includes all proposed uses and development in the entire AOFOLD.

The concept plan is not required when the proposed development is restricted to an existing structure and development directly related to such structure (parking, landscaping, signs, etc.).

Procedure. The following procedure shall apply when an applicant seeks approval only of a concept plan:

Application. The applicant shall file with the Board an application for concept plan approval on such form as provided by the Board and such application shall be governed by the requirements of Section 7.2.

Elements of Concept Plan. The concept plan shall be prepared by an engineer, architect, or landscape architect, and shall include:

Drawings at a scale of 1" = 100’.

ii.

Existing topography, with two (2) foot contours, to show the general gradient of the site, existing structures, existing roads and rights-of-way, major topographic features (including wooded and open areas, ledge or outcroppings), inland wetlands, watercourses and floodplain.

iii.

The land uses and zoning within 300 feet of the site.

iv.

Boundary description of the district within it.

Names of all abutting property owners.

vi.

The location of all proposed roadways, parking areas, setbacks, easements, land use areas, open space areas, and access locations from connecting roads and driveways within the site to the existing public road system.

vii.

The site shall be divided into general land use areas, identified as one or more of the specially permitted uses (e.g., retail, restaurant, office, research lab, etc.).

viii.

Proposed building footprints and location of parking areas.

ix.

Letters from the Water Department and the Water Pollution Control Authority stating how service is to be provided to the proposed land uses.

A preliminary traffic analysis prepared by a professional engineer which shall include, but not be limited to, the following:

(A)

Land use, site and study area boundaries;

(B)

Existing and proposed site uses;

(C)

Existing and proposed roadways and intersections;

(D)

Existing and proposed roadways and intersection capacities and volumes;

(E)

Trip generation and design hour volumes;

(F)

Trip distribution;

(G)

Trip assignments;

(H)

Existing and projected traffic volumes;

(I)

Levels of service of all affected intersections for the design hour; and

(J)

Future traffic impact analysis:

(1)

Short term horizon – one year after occupancy.

(2)

Long-term horizon – 20 years after occupancy.

xi.

A preliminary stormwater discharge plan, prepared by a professional engineer, which shall include as a minimum the following:

(A)

A map showing project location, description of the property, acreage, topography, identification of major drainage ways involved, proposed type of development, identification of wetlands based on soils map and a reference to any flood hazard area delineation study applicable to the site;

(B)

A map of the tributary drainage basin determining the location and magnitude of flows from upstream of the site based on current development or zoning, whichever provides the highest runoff volumes;

(C)

A conceptual drainage plan showing how intercepted and on-site flows will be received and transported;

(D)

Designated points of discharge from the site, accompanied by a general analysis of how existing downstream facilities will handle this discharge;

(E)

Proposed rights-of-way required for drainage easements and detention areas;

(F)

Storm water storage volume required; and

(G)

Location of storage areas.

xii.

Narrative and illustrative elevations of design elements explaining how various design elements (landscaping, architecture, signage, street design, etc.) contribute to a unified appearance that is harmonious both internally and with surrounding properties in terms of scale, materials and color.

xiii.

A table indicating the following:

(A)

Areas of the site for each proposed land use;

(B)

The amount of building floor area proposed for each land use;

(C)

Number of parking and loading spaces for each land use;

(D)

Wetland areas, floodplain areas, area of ledge or outcroppings;

(E)

Overall lot coverage; and

(F)

Building height(s).

xiv.

Limits of phases where development is proposed in phases.

xv.

Such other relevant information as the applicant may wish to submit or the Board may request.

Required Findings. In deciding on approving a concept plan, the Board shall determine in writing, citing relevant evidence:

That the application and concept plan are complete;

That the proposed location of the land use areas on the site avoids placement of incompatible uses adjacent to one another;

That the transition between the different proposed uses is suitable and that adequate buffering is provided;

That the proposed land uses and development pattern satisfy the purpose and intent of the regulation as set forth in Section 1 and the standards and requirements of Sections 5 through 6.

Changes to Concept Plan. Changes to an approved concept plan are required to be approved by the Planning Board.

AOFOLD Special Permit Application.

A special permit application in conformance with Section 2.5, which includes submission of a site plan as outlined in Section 2.6, is required for each proposed use. The special permit application is also subject to the following requirements:

Concept Plan. A concept plan must be submitted with the special permit application(s) for a proposed use or uses if not previously submitted. The Board shall act on the concept plan prior to acting on the special permit application(s).

Traffic Report. Report prepared by a professional traffic engineer stating that traffic conditions as described in the approved concept plan traffic report have not changed or, if they have, in what way.

A tabular statement of zoning conformance with respect to each land use type contained on the concept plan.

In addition to the criteria for special permit approval the requirements and findings of this section must be met.

Changes to Special Permit Site Plan. Changes to an approved special permit site plan are to be approved by the Board.

Change in uses within existing structures is also permitted for situations where a use has already been approved in accordance with these bylaws upon review and approval by the Planning Board, when such use does not change the compatibility of such new use with those existing within the structure and the change in use does not result in an expansion of space greater than twenty-five (25) percent or five-thousand (5,000) square feet, whichever is greater.

The Development Review Team will review and will forward any such request to the Board for approval.

The Development Review Team may require such information as it deems appropriate to evaluate any such application, including those listed in subsection C of this section.

The Town Planner shall make a report of any decisions made under this section to the Board at the next regular meeting of the Board following such decision.

9.4 Globe Village Flex Overlay District.

[Added 2-22-2021]

9.4.1

Intent.

The intent of the Globe Village Flex Overlay District (hereinafter referred to as GVFOLD) is to provide the opportunity to fully utilize former mill structures and related properties that are part of the Town’s landscape, character, and history. They are also places of economic activity and economic opportunity. Specifically, this bylaw is intended to:

Provide maximum flexibility for the development and enhancement of GVFOLD properties;

Retain the potential for business and industrial development while permitting residential development;

Foster a greater opportunity for creative development which encourages a mix of uses (residential, commercial, and industrial);

Enhance business vitality, and provide employment opportunities;

Enhance and protect the Town tax revenues; and

Encourage the development of flexible space for small and emerging businesses.

9.4.2

General Requirements.

All uses shall be served by public water and sewer. The requirement for public water may be waived in whole or in part by the Board if the applicant can establish, to the satisfaction of the Planning Board, that potable water requirements can be realized through on-site systems. A request for a waiver shall be submitted in writing by the applicant at the time application is made. The request shall detail the extent of the waiver requested and contain sufficient data for the Board to make the findings required above. The applicant shall submit a written report on the adequacy of the proposed alternative water supply system of each proposed building lot and/or use prepared by a professional engineer licensed to practice in the State of Massachusetts certifying either that each lot and/or use is satisfactory for private water supply systems constructed in accordance with the standards of the State of Massachusetts or specifying the location or conditions under which such systems would meet such standards. Approval by the Board of Health is necessary prior to approval of any waiver.

9.4.3

Allowable Uses by Special Permit.

All commercial and residential uses not prohibited under Section 9.4.4, subject to the performance and compatibility standards in Section 9.4.5 and the application and permitting requirements of Section 9.4.6, are permitted by special permit.

Within the GVFOLD there shall be no restriction on combining different categories of use, provided such uses conform with the compatibility and performance standards found in Section 9.4.5, within the same building except any imposed by the State Building Code or other federal, state, or local bylaws.

9.4.4

Prohibited Uses.

Adult entertainment uses.

Animal sales (on properties of less than 5 acres).

Animal agriculture (on properties of less than 5 acres).

Automobile or truck sales.

Camps (day/boarding).

Cemeteries.

Collection centers.

Dog kennels.

Drive-up services associated with any commercial use (other than banks).

Golf courses.

Letting of rooms.

Rooming and/or boarding house, excluding dormitories for educational uses.

Seasonal camping/tents.

9.4.5

Performance and Compatibility Standards.

Compatibility.

All new uses shall demonstrate, to the satisfaction of the Board, that any such new uses (in addition to meeting the requirements of this section) are compatible with all existing uses.

Access and Traffic Impacts.

Traffic and safety impacts to the existing and proposed roads shall be minimized.

Access shall be provided to the extent feasible through an existing street or driveway; curb cuts shall be limited.

Pedestrian and vehicular traffic shall be separated.

Walkways shall be provided for access to adjacent properties and between businesses.

Nuisance Avoidance.

Smoke shall not be visible beyond a shade darker than No. 1 on the Ringleman Smoke Chart.

Heat and glare generated from within a structure or use shall not be discernible from the outside of any structure.

Odor, dust, and fumes shall be effectively confined to the premises or so disposed as to avoid air pollution.

Common walls between residential and nonresidential uses shall be constructed to minimize the transmission of noise and vibration.

Lighting.

Parking areas and pedestrian facilities shall be illuminated to provide appropriate visibility and security during hours of darkness.

Exterior lighting shall be architecturally integrated with the building style, material and colors.

Exterior lighting of the building and site shall be designed so that light is not directed off the site, including above the site and the light source is shielded from direct off-site viewing.

Fixture mounting height should be appropriate for the project and the setting. Use of low, bollardtype fixtures, three to four (3-4) feet in height is encouraged as pedestrian area lighting. The mounted height of fixtures in smaller parking lots or service areas should not exceed sixteen (16) feet, with lower mounting heights encouraged, particularly where adjacent to residential areas.

Raised light pole bases shall be attractively designed and well-detailed to be compatible with the overall project.

The use of vandal resistant well lighting is encouraged for lighting monument signs.

Residential Use Restriction.

Residential density will be limited to the density of the abutting residential zoning district when within 50 feet. When two or more districts abut a GVFOLD project, the highest allowable density shall prevail.

Residential uses (apartment and condominium units) shall be permitted in existing structures and shall consist of not less than five-hundred (500) square feet of livable space.

Buffers, Density and Height.

Where a GVFOLD property abuts a residentially zoned property, a buffer strip of seventy-five (75’) feet shall be required for any new non-residential development. Such buffer shall be planted with year-round screening vegetation adequate to buffer the view from the residential zone. Preservation of existing trees and vegetation is preferred where they provide desired screening.

To reduce the bulk and area of buildings and pavement relative to the overall size of the development; and to provide landscaped areas for visual and sound buffers, increased groundwater recharge and reduced stormwater runoff, the total area of any GVFOLD that may be covered by buildings and paved surfaces shall not exceed fifty (50) percent. The Board may allow by special permit an increase to a maximum of sixty (60) percent impervious coverage when the Board finds that one or more of the following benefits of the development outweigh the impacts of the increased impervious coverage:

The use of grass/pavement block systems or similar treatment reduces storm water runoff; and/or

Maximum building heights for new construction shall be as follows:

Residential – Thirty-five (35) feet, may be higher upon approval by the Fire Chief and the Planning Board.

Commercial – Sixty (60) feet.

Industrial – Sixty (60) feet.

Mixed use – Sixty (60) feet.

For existing structures:

Telecommunication facilities, water tanks, solar collection systems, similar structures and necessary mechanical appurtenances may be erected on an existing structure to a height greater than the limit established for the GVFOLD; provided, that no such exception shall cover at any level more than twenty-five percent (25%) of the area of the roof on which it is located, except for a solar collection system which may cover more than twenty-five percent (25%) of the area of the roof on which it is located if the architectural design and layout is compatible with that of the structure to which it is affixed and generally in keeping with the character of the neighborhood in which it is to be situated; and provided further, that no such exception shall be used for residential, commercial or industrial purposes other than such as may be incidental to the permitted use(s) of the main structure.

Roof structures and/or roof lines may be integrated together where more than one roof line or roof style is present.

Outdoor Storage and Sales Display.

Except as specified below, outdoor storage or display of goods shall be enclosed within permanent walls or fences integrated into the design of the building:

Storage or display racks and goods thereon shall not exceed the height of screening walls or fences.

Goods shall not be displayed in landscaped areas, on exterior walls, or in parking lots.

Outdoor display areas shall be delineated on the Site Plan and/or Concept Plan and shall not impede the normal use of sidewalks or other pedestrian walkways.

No vending machines shall be allowed outside of any buildings.

All materials, supplies and equipment shall be stored in accordance with fire prevention standards of the National Board of Fire Underwriters and shall be screened from view from public ways and abutting properties.

Waste Disposal.

Signs.

Signs shall conform to Section 8.9, for each use on the site and, in addition to those requirements, the following:

Signs shall be proportionate to the dimensions of their location.

Exterior lighting of the building and site shall be designed so that light is not directed off the site and the light source is shielded from direct off-site viewing.

The use of roof signs shall be prohibited.

Freestanding signs shall not be greater than five feet in height. Monument sign materials shall reflect the character of the use and the building the sign identifies.

Free-standing sign bases shall be made of permanent, durable materials such as concrete or brick. Bases made of texture-coated sheet metal are discouraged.

Freestanding signs on poles which have a top-heavy appearance are discouraged.

Landscaping Requirements.

Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials.

Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic.

Shrubs or trees that die shall be replaced within one growing season.

All new plant materials shall be sized so that the landscaping has an attractive appearance at the time of installation and a mature appearance within three years of planting.

All proposed shrubs except accent, color or ground cover planting shall be a minimum of 5-gallon size. Shrubs and ground cover plants shall be spaced close enough together to ensure an attractive and mature planting effect.

10.

11.

All exposed dirt areas shall be covered with bark or mulch or other weed control measures included as part of final landscape.

12.

13.

First year plantings must be watered weekly throughout the growing seasons.

Parking and Loading Areas.

Parking shall conform to Section 7.1 and additionally shall meet the following standards:

Parking lots shall provide well defined routes for vehicles, delivery trucks, and pedestrians.

Loading areas visible from a public street or adjacent property shall be screened with masonry walls supplemented by landscaping if necessary.

Within the Town’s right-of-way, all curbing shall be constructed of granite.

Medical and/or Biological Research.

9.4.6

Applications and Permit Procedures.

Before an application is made, it is suggested that the applicant become familiar with the bylaws contained in this section as well as those contained in Section 2.5, which addresses special permits, and Section 2.6, which addresses site plan, and consult with the Development Review Team prior to the Planning Board for other bylaws to consider and for any clarifications.

There are two application procedures for development in the GVFOLD:

A concept plan application for the entire GVFOLD without a special permit application for specific land uses to be reviewed by the Development Review Team and presented to the Planning Board for review and comment(s); and

A special permit application for each proposed use within the GVFOLD.

Concept Plan Application.

Exemptions.

The concept plan is not required when the site plan submitted with a special permit application includes all proposed uses and development in the entire GVFOLD.

The concept plan is not required when the proposed development is restricted to an existing structure and development directly related to such structure (parking, landscaping, signs, etc.).

Procedure. The following procedure shall apply when an applicant seeks approval only of a concept plan:

Elements of Concept Plan. The concept plan shall be prepared by an engineer, architect, or landscape architect, and shall include:

Drawings at a scale of 1" = 100’.

ii.

iii.

The land uses and zoning within 300 feet of the site.

iv.

Boundary description of the district within it.

Names of all abutting property owners.

vi.

vii.

The site shall be divided into general land use areas, identified as one or more of the specially permitted uses (e.g., retail, restaurant, office, research lab, etc.).

viii.

Proposed building footprints and location of parking areas.

ix.

Letters from the Water Department and the Water Pollution Control Authority stating how service is to be provided to the proposed land uses.

A preliminary traffic analysis prepared by a professional engineer which shall include, but not be limited to, the following:

(A)

Land use, site and study area boundaries.

(B)

Existing and proposed site uses.

(C)

Existing and proposed roadways and intersections.

(D)

Existing and proposed roadways and intersection capacities and volumes.

(E)

Trip generation and design hour volumes.

(F)

Trip distribution.

(G)

Trip assignments.

(H)

Existing and projected traffic volumes.

(I)

Levels of service of all affected intersections for the design hour.

(J)

Future traffic impact analysis.

(1)

Short term horizon – One year after occupancy.

(2)

Long-term horizon – Twenty years after occupancy.

xi.

A preliminary stormwater discharge plan, prepared by a professional engineer, which shall include as a minimum the following:

(A)

(B)

A map of the tributary drainage basin determining the location and magnitude of flows from upstream of the site based on current development or zoning, whichever provides the highest runoff volumes;

(C)

A conceptual drainage plan showing how intercepted and on-site flows will be received and transported;

(D)

Designated points of discharge from the site, accompanied by a general analysis of how existing downstream facilities will handle this discharge;

(E)

Proposed rights-of-way required for drainage easements and detention areas;

(F)

Storm water storage volume required;

(G)

Location of storage areas.

xii.

xiii.

A table indicating the following:

(A)

Areas of the site for each proposed land use;

(B)

The amount of building floor area proposed for each land use;

(C)

Number of parking and loading spaces for each land use;

(D)

Wetland areas, floodplain areas, area of ledge or outcroppings;

(E)

Overall lot coverage; and

(F)

Building height(s).

xiv.

Limits of phases where development is proposed in phases.

xv.

Such other relevant information as the applicant may wish to submit or the Board may request.

Required Findings. In deciding on approving a concept plan, the Board shall determine in writing, citing relevant evidence:

That the application and concept plan are complete;

That the proposed location of the land use areas on the site avoids placement of incompatible uses adjacent to one another;

That the transition between the different proposed uses is suitable and that adequate buffering is provided; and

That the proposed land uses and development pattern satisfy the purpose and intent of the regulation as set forth in Section 1 and the standards and requirements of Sections 5 through 6.

Changes to Concept Plan. Changes to an approved concept plan are required to be approved by the Board.

GVFOLD Special Permit Application.

A tabular statement of zoning conformance with respect to each land use type contained on the concept plan.

In addition to the criteria for special permit approval the requirements and findings of this section must be met.

Changes to Special Permit Site Plan. Changes to an approved special permit site plan are to be approved by the Board.

The Development Review Team will review and will forward any such request to the Board for approval.

The Development Review Team may require such information as it deems appropriate to evaluate any such application, including those listed in subsection C of this section.

The Town Planner shall make a report of any decisions made under this section to the Board at the next Regular Meeting of the Board following such decision.