No building in any district shall be erected, altered, enlarged,
extended, reconstructed, raised or moved and no lot shall be created
or changed in size or shape except in conformity with the Tables of
Dimensional Regulations, Table 2, unless exempted by this bylaw or
the Zoning Act.
[Amended 11-30-2023 STM by Art.
5]
It shall be the purpose of these regulations to prevent the
subdivision of properties into irregularly shaped lots which undermine
the intent of this bylaw, as well as to prevent the creation of lots
which are so distorted in configuration as to be detrimental to public
health, safety, welfare, convenient and harmonious development and
use of the land, or future clarity of ownership and identification
of property lines. The provisions of § 4.1.3.3, 4, and 5
hereof do not apply to Business District D.
1. Lot width shall be measured at the required minimum street setback
lines. Lot width shall be measured in a straight line between the
intersection of the street setback line and the side lot lines. On
corner lots, the lot width shall be measured from the side lot line
to the intersecting street property line.
2. Each lot shall have frontage on a street or way, such frontage shall
measure not less than 2/3 of the required minimum lot width. Each
lot shall have its primary means of access onto said street or way.
The principal means of access for residential lots shall be through
said frontage.
3. The minimum distance between side lot lines from the frontage to
the front of the primary structure on the lot shall be 50 feet.
4. No principal structure having a permitted use shall hereafter be
erected or placed, on any lot unless the lot is substantially regular
in shape. Substantially regular in shape shall mean that a lot has
a Shape Factor (SF) of 30.0 or less. Shape Factor shall be determined
by dividing the square of the perimeter of the lot measured in linear
feet, by the area of the lot measured in square feet: SF=(p x p)/A.
a.
A lot may have a Shape Factor exceeding 30.0 if a portion of
the lot itself meets the minimum lot area requirement and has a Shape
Factor of 30.0 or less and which portion includes minimum street frontage.
b.
The requirements of Subsection 4.a and b are hereby declared
to be area and width requirements within the meaning of MGL c. Chapter
40A, § 6 (fourth paragraph, first sentence).
5. For any lot created or altered in shape after the effective date
of this regulation, each lot shall be adequate in shape to entirely
contain a horizontal circle with a minimum diameter equal to the required
lot frontage, within which circle there shall be a potential building
site outside of the minimum setback from wetlands.
Building setback requirements shall apply to enclosed porches,
decks, pergolas, carports, and cantilevered stories, to fences (except
Business and LI districts) exceeding six feet in height, to swimming
pools exceeding two feet in depth and 250 square feet in surface area,
and to all structures other than the above fences, a wall or other
customary yard accessory (tennis or basketball court). Basement bulkheads,
and stairs which serve as a means of egress shall be exempt from setback
requirements.
No structures, fence, parking space, planting or sign shall
be maintained between a plane 2 1/2 feet above curb level and
a plane seven feet above curb level so as to interfere with traffic
visibility across the corner within a triangle bounded by the adjacent
street sidelines and a straight line drawn between points on such
lot line 30 feet from the intersection of the street sidelines or
extension thereof. Poles, posts, guys for street lights and other
utility services, and tree trunks bare of leaves and branches shall
not be considered obstructions to vision within the meaning of this
provision.
All driveways shall be constructed to provide adequate access
for all emergency vehicles as determined by the Town Engineer and
Fire Chief. Driveways shall not exceed a grade of 10% unless either
a special waiver or a service disclaimer is obtained from the Fire
Chief.
In any residential district, the minimum frontage and the minimum
lot width may be reduced to 25 feet, and the requirement in § 4.1.3.4
may be waived, provided that the lot conforms to each of the following:
1. Contiguous lots having reduced lot frontage as provided by this section
shall not be maintained in common ownership.
2. The minimum street setback shall be increased by 100 feet over the
minimum street setback otherwise required by all other provisions
of this bylaw.
3. The minimum setback from side lot lines and the minimum setback from
rear lot lines shall be increased over the setbacks otherwise required
by all other provisions of this bylaw as follows:
a.
In Single Residence A and Suburban 1 Districts by 125 feet additional;
b.
In Single Residence B and General Residence Districts by 75
feet additional;
c.
In Rural 1 and Suburban 2 Districts by 150 feet additional;
and
d.
In Rural 2 Districts by 200 feet additional.
4. The minimum lot area shall be increased by 100% over the lot area
otherwise required by all other provisions of this bylaw.
5. The minimum distance between side lot lines from the frontage to
the front of the primary structure on the lot shall be 20 feet.
6. The regulations contained within this section shall also apply in
Business District A, where the property contains a single- or two-family
dwelling.
In Business Districts A, C, and D and in the Professional District,
minimum separation between buildings on the same lot is 10 feet, except
no separation is required where two buildings are separated by a fire
wall meeting the requirements of the Massachusetts State Building
Code. In those districts, no separation is required where two buildings
are separated by a fire wall and there is a multi-year development
agreement between the two property owners and the building offers
aesthetic value and architectural interest.
1. In the BA District, the total of all buildings on a lot shall not
exceed 5,000 square feet of gross floor area. For the purposes of
this section, all contiguous separate lots or buildings in Business
District A, if under single ownership, shall be considered as one
lot or building.
2. In the BB and BC Districts, the total of all buildings on a lot shall
not exceed 60,000 square feet of gross floor area.
3. The building floor area limits in the BD District shall be 135,000
square feet per building. Larger building floor area is allowed by
special permit from the Zoning Board of Appeals. This section does
not limit the total floor area of all buildings within a Business
District D development, lot, or business parcel.
[Amended 11-30-2023 STM by Art.
5]
4. The total number of required parking spaces (prior to any reductions under §
6.1) shall not exceed 150 in Business Districts B and C and 20 spaces in the BA District.
5. Parking spaces in the BD District shall comply with §
6.1.
6. In computing floor area, floor area ratio, and building coverage
limits, places of outdoor amusement shall be considered as having
a floor area of 100 square feet for every 200 square feet of land
in outdoor amusement use.
In the Business District A, any required front setback may only
be used for landscaping, public seating, circulation, signage and
drives, consistent with the Post Office Square Design Guidelines.
The Planning Board, during site plan review, or the Zoning Board of
Appeals, during special permit review, may increase the front yard
setback if this is necessary to provide public area for pedestrian
circulation and seating, and to ensure that criteria for site design
as identified in the Design Guidelines for the Town Center Business
District are achieved.
Multiple buildings devoted to the principal and accessory uses
set forth in the Table of Use Regulations are permitted to be located on a lot. In such case, the
following dimensional requirements shall apply:
1. Minimum street setback: 75 feet to the sideline of any street or
way, except freeways.
2. Minimum setback to freeways classified as "limited access" by the
Massachusetts Department of Transportation: 30 feet to the sideline.
3. Minimum setback from the boundary of any Residential District, from
the lot line of any lot in residential use: 100 feet, of which the
50 feet closest to said line shall be maintained in landscaping sufficient
to provide an effective screen.
In the R2 District, each four persons accommodated in a hospital,
senior living facility, camp, dormitory or other group living arrangement
shall be considered equivalent to a dwelling unit in determining required
lot area.
1. From streets constructed or maintained wholly or in part by state
funds under MGL c. 90: from the street sideline, 40 feet.
2. From other streets: 30 feet from the street sideline.
The Zoning Board of Appeals may grant a special permit for a
smaller setback on a corner lot having a lot area of less than 10,000
square feet at the time this bylaw was adopted.
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[Amended 11-30-2023 STM by Art.
5]
The maximum number of dwelling units within a Business District
D development shall be the lesser of one dwelling unit per 1,700 square
feet of the gross floor area of qualifying uses in the Business District
D Development or 225 dwelling units total. Qualifying uses include
indoor floor area of uses set forth in Table I: Table of Use Regulations
in B. Community Uses, D. Commercial Uses, E. Office Uses, Retail and
Service Uses, G. Eating, Drinking, and Entertainment Establishments,
and I. Miscellaneous Commercial Uses that are conducted inside buildings.
[Amended 11-30-2023 STM by Art.
5]
1. Business District D development:
b.
Minimum width: 1,000 feet measured at the minimum front setback.
c.
Minimum frontage: 1,000 feet.
d.
Minimum front setback: 10 feet from I-95, 50 feet from Old Post
Road, 100 feet from other streets.
e.
Minimum side and rear setbacks: 100 feet.
f.
Maximum impervious coverage: 55% excluding parking decks.
g.
Minimum natural vegetation area: 33%.
2. Business parcel within a Business District D development:
a.
Minimum area: 60,000 square feet.
b.
Minimum width: no requirement.
c.
Minimum frontage: no requirement.
d.
Minimum front setback: 10 feet from I-95, 50 feet from Old Post
Road, 100 feet from other streets.
e.
Minimum side and rear setbacks: no requirement.
f.
Maximum lot coverage: no requirement.
g.
Minimum natural vegetation area: no requirement.
3. Multiple buildings. More than one principal building may be located
within a Business District D development, lot, or business parcel.
4. Business District D; height limits.
a.
For hotels and residential buildings located within 350 feet
of the west property line at Route I-95, six stories (excluding mezzanines
as defined in the Massachusetts Building Code) or 90 feet; and further
provided that the height of each story is limited to 15 feet.
b.
For all other uses, four stories (excluding mezzanines as defined
in the Massachusetts Building Code) or 60 feet; and further provided
that the height of each story is limited to 24 feet for retail and
theater use, to 16 feet for office use, and to 13 feet for all other
uses.
5. Business D FAR and GFA.
a.
Maximum permitted floor area ratio (FAR): 0.33 for a Business
District D development or for a lot within Business District D but
not within a Business District D development. A FAR limit is not applicable
for lots or business parcels within a Business District D development.
b.
The maximum permitted gross floor area (GFA) for residential
use shall not exceed 340,000 square feet of residential floor area
or 495,000 square feet including the floor area of parking garages
located within residential structures for a Business District D development
or for a lot within Business District D but not within a Business
District D development, and the maximum permitted gross floor area
for residential, community service and commercial uses combined shall
not exceed 810,000 square feet including the floor area of parking
garages located within primary structures for a Business District
D development or for a lot within Business District D but not within
a Business District D development.
[Amended 11-30-2023 STM by Art.
5]
In Business District D, there shall be a landscape screening strip between the sideline of South Walpole Street and a "no-cut" line located 35 feet minimum and 50 feet where practicable south of the sideline of South Walpole Street. During construction, disturbance including vegetation removal can extend to within 20 feet of the sideline of South Walpole Street, provided that the disturbed area is replanted as provided herein. The location of the no-cut line shall be determined by the Zoning Board of Appeals during site plan review. Existing trees in the landscaped screening strip shall be supplemented by in-planting with evergreen trees and shrubs to create a dense vegetative screen. A six-foot-high unfinished cedar board fence shall be placed near the south edge of the landscaped screening strip to provide supplemental screening when considered appropriate by the Zoning Board of Appeals pursuant to §
10.5.
In Business District C and in the Professional District, there
shall not be more than one building used wholly or in part for residence
on any one lot.