[Added 5-7-2024 ATM by Art. 13]
The purpose of the Littleton Station MBTA Communities Multi-family District (LSMFD) is to allow multi-family housing as of right in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A). This zoning provides for as of right multi-family housing to accomplish the following purposes:
A. 
Encourage the production of a variety of housing sizes and types to provide equal access to new housing throughout the community for people with a variety of needs and income levels;
B. 
Locate "missing middle" housing adjacent to the Foster Street Commuter Rail Station to promote general public health, reduce the number of vehicular miles travelled, support economic development, and meet community-based environmental goals, including reducing greenhouse gases and improving air quality;
C. 
Encourage connections between the commuter rail station and a community multi-use (pedestrian and bicycle) path;
D. 
Increase the municipal tax base through private investment in new residential developments; and
E. 
Promote recommendations of the Littleton Master Plan and the Littleton Station Village Vision Plan.
A. 
This LSMFD is an overlay district having a land area of approximately 30.1 acres in size that is superimposed over the underlying zoning district(s) and is shown as the Boundary of the Littleton Station MBTA Communities Multi-family Overlay District on the plan dated April 18, 2024.
B. 
An applicant may develop multi-family housing located within this LSMFD in accordance with the provisions of this Article XXXIII.
C. 
Underlying zoning. The LSMFD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right in the LSMFD. Uses that are not identified in Article XXXIII are governed by the requirements of the underlying zoning district(s).
D. 
The benefits and obligations of the zoning bylaw shall apply only to proposals for development on those parcels located entirely within the boundary of the LSMFD. Except as specifically provided for in this Article, the following sections of this Chapter do not apply to real property located within the LSMFD:
(1) 
Article VI, Intensity of Use Regulations.
(2) 
§ 173-16 et seq., Site plan review.
(3) 
§ 173-32, Parking requirements.
(4) 
§ 173-43, Screening.
(5) 
Article XIX, Open Space Development.
(6) 
Article XX, Shared Residential Driveways.
(7) 
Should the provisions of this article conflict with those found elsewhere in this chapter, the provisions of this article shall apply.
For the purposes of this Article XXXIII only, the following definitions apply:
A. 
ACCESS DRIVE, PRINCIPAL — The paved way that allows vehicular access from the public street to buildings, driveways, and parking areas on the lot. The primary access drive may be constructed on an easement or as a subdivision way.
B. 
APPLICANT — A person, business, or organization that applies for a building permit, or site plan review, or special permit.
C. 
AS OF RIGHT — Development that may proceed under the zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.
D. 
BUILDING — A structure with a roof and walls and used or intended for supporting or sheltering any use or occupancy.
E. 
DEVELOPMENT STANDARDS — Provisions of § 173-255, General performance standards and criteria, made applicable to projects within the LSMFD.
F. 
LOT — A continuous parcel of land, in single or joint ownership, with legally definable boundaries. A lot may be accessed by frontage on a public right-of-way, a subdivision way, or access easement.
G. 
IMPERVIOUS SURFACE — The percentage of lot area covered by buildings, structures, roofs, and impervious paving.
H. 
MULTI-FAMILY HOUSING — A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.
I. 
MULTI-FAMILY ZONING DISTRICT — A zoning district, either a base district or an overlay district, in which multi-family housing is allowed as of right.
J. 
PARKING, STRUCTURED — A building in which vehicle parking is accommodated on multiple stories; a vehicle parking area that is underneath all or part of any story of a building; or a vehicle parking area that is not underneath a building, but is entirely covered, and has a parking surface at least eight feet below grade. Structured parking does not include surface parking or carports, including solar carports.
K. 
PARKING, SURFACE — One or more parking spaces without a built structure above the space. A solar panel and/or bike parking designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition and may be permitted by site plan approval.
L. 
RESIDENTIAL DWELLING UNIT — A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
M. 
SECTION 3A — Section 3A of the Zoning Act.
N. 
SITE PLAN REVIEW AUTHORITY — The Littleton Planning Board shall be the site plan review authority.
Site plan review by the Planning Board is required for the creation of, addition to, or substantial alteration of any structure or parking in the LSMFD, subject to § 173-255, General performance standards and criteria, and § 173-258, Site plan review.
A. 
Residential.
a. 
Multi-family housing.
b. 
Uses exempt by statute (MGL C. 40, § 3).
B. 
Accessory uses.
c. 
Roadside stands (agricultural).
d. 
Home occupations.
e. 
Parking and parking structures in compliance with § 173-32.
f. 
Signs in compliance with Article VIII.
g. 
Solar panels installed above one or more parking spaces.
h. 
Bike storage.
i. 
Other customary accessory uses to multi-family use, including but not limited to associated infrastructure such as wastewater treatment facilities.
C. 
Within the LSMFD, multiple buildings and multiple uses are permitted on a single lot. A residential building in the LSMFD shall have no more than 12 residential dwelling units.
Notwithstanding anything to the contrary in this Zoning, the dimensional requirements applicable in the LSMFD are as follows:
A. 
The minimum lot area shall be one acre.
B. 
The minimum lot frontage shall be zero.
C. 
The maximum building height is 35 feet or 2.5 stories, whichever is less.
D. 
The minimum setback from the front property line is 50 feet. The minimum setback from a side or rear property line is 30 feet.
E. 
The maximum impervious surface is 50%.
F. 
The maximum density shall be six dwelling units per acre.
G. 
Exceptions. The limitation on height of buildings shall not apply to rooftop mechanicals, and chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings, which features are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building. Rooftop mechanicals shall be screened.
H. 
Exceptions: Renewable energy installations. The site plan review authority may waive the height and setbacks in this § 173-253 to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create a substantial detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space.
Except for the parking requirements below, which are applicable to development in the LSMFD, all other provisions of Article VII, Parking Requirements, apply.
A. 
Number of parking spaces. The following maximum numbers of off-street parking spaces shall be permitted by use, either in surface parking or within garages or other structures. Parking may be located on an adjacent lot provided that the parking is within 400 feet and is subject to appropriate easement language to be recorded at the Registry of Deeds:
Use
Maximum Spaces
Multi-family
1.5 spaces per unit
B. 
Number of bicycle parking spaces. The following minimum numbers of covered bicycle storage spaces shall be provided by use:
Use
Minimum Spaces
Multi-family
0.25 space per unit
C. 
Bicycle storage. Covered bicycle parking spaces shall be provided for no less than 1/2 the required bicycle spaces for that building.
A. 
Development standards in the LSMFD are applicable to all multi-family development within the LSMFD. These standards are components of the site plan review process in § 173-258, Site plan review.
B. 
Site design.
a. 
Connections. Sidewalks shall provide a direct connection among building entrances to sidewalks, bicycle storage, and parking.
b. 
Vehicular access. Where feasible, curb cuts shall be minimized, and shared driveways encouraged.
c. 
Screening for parking. Surface parking adjacent to a sidewalk shall be screened by a landscaped buffer of sufficient width to allow the healthy establishment of trees, shrubs, and perennials, but no less than six feet. The buffer may include a fence or wall of no more than three feet in height unless there is a significant grade change between the parking and the sidewalk.
d. 
Parking materials. The parking surface may be concrete, asphalt, decomposed granite, bricks, or pavers, including pervious materials but not including grass or soil not contained within a paver or other structure.
e. 
Plantings. Plantings shall include species that are native or adapted to the region. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited.
f. 
Lighting. Light levels shall meet or exceed the minimum design guidelines defined by the Illuminating Engineering Society of North America (IESNA) and shall provide illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties and reducing the amount of skyglow.
g. 
Mechanicals. Mechanical equipment at ground level shall be screened by a combination of fencing and plantings. Rooftop mechanical equipment shall be screened.
h. 
Dumpsters. Dumpsters shall be screened by a combination of fencing and plantings. Where possible, dumpsters or other trash and recycling collection points shall be located within the building.
i. 
Stormwater management. Strategies that demonstrate compliance of the construction activities and the proposed project with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, the Littleton Stormwater Management and Erosion Control Regulations,[1] and an operations and management Plan for both the construction activities and ongoing post-construction maintenance and reporting requirements.
[1]
Editor's Note: See Ch. 38, Stormwater, Art. I, Stormwater Management and Erosion Control.
C. 
Buildings: general.
a. 
Entries. Where feasible, entries shall be clearly defined and linked to a paved pedestrian network that includes the public sidewalk.
D. 
Structures: multiple buildings on a lot.
a.
Parking and circulation on the site shall be organized to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.
a.
A paved pedestrian network shall connect parking to the entries to all buildings and the buildings to each other.
b
The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building facade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.
c.
Building(s) with frontage on the street shall have a pedestrian entry facing the street.
E. 
Buildings: shared outdoor space. Multi-family housing shall have common outdoor space that all residents can access. Such space may be located in any combination of ground floor, courtyard, rooftop, or terrace.
F. 
Buildings: principal facade and parking. Parking shall be subordinate in design and location to the principal building facade.
a. 
Surface parking. Surface parking shall be located to the rear or side of the principal building. Parking shall not be located in the setback between the building and any lot line adjacent to the public access drive.
b. 
Integrated garages. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.
c. 
Parking structures. Building(s) dedicated to structured parking on the same lot as one or more multi-family buildings shall be subordinate in design and placement to the multi-family building(s) on the lot.
G. 
Design guidelines. The site plan review authority may adopt and amend, by simple majority vote, design guidelines which shall be applicable to all rehabilitation, redevelopment, or new construction within the LSMFD. Such design guidelines must be objective and not subjective and may only address the scale and proportions of buildings, the alignment, width, and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off-street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs, and buffering in relation to adjacent properties. Design guidelines may contain graphics illustrating a particular standard or definition in order to make such standard or definition clear and understandable.
H. 
Waivers. Upon the request of the applicant and subject to compliance with the compliance guidelines, the site plan review authority may waive by majority vote the requirements of this section, § 173-255, in the interests of design flexibility, including topographical changes and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the LSMFD.
A. 
Applicability. The provisions of Article XXIX, Inclusionary Housing, shall apply with the exception listed below. Affordable units must be restricted in accordance with the metrics below.
B. 
Provision of affordable housing. In applicable projects, not fewer than 10% of housing units constructed shall be affordable housing units. For purposes of calculating the number of units of affordable housing required within a development project, a fractional unit shall be rounded down to the next whole number. The affordable units shall be available to households earning income up to 80% of the AMI.
A. 
Applicability. Site plan review is required for all projects in the LSMFD. An application for site plan review shall be reviewed by the site plan review authority for consistency with the purpose and intent of § 173-247 through 173-256.
B. 
Other sections of the bylaw. The requirements of Article XVI, Wetlands and Floodplain Regulations, and Article XIV, Aquifer and Water Resource District, shall be incorporated into the site plan review process, as applicable, and shall not require a special permit.
C. 
Submission requirements. As part of any application for site plan review for a project within the LSMFD submitted under §§ 173-251 through 173-256, the applicant must submit the following documents to the site plan review authority:
a. 
Application and fee for site plan review.
b. 
Site plans that show the boundaries of the lot(s), existing and proposed topography, position of existing and proposed building(s) on the site, points of vehicular access to and from the site and vehicular circulation on the site and service entries, walkways, stormwater management, utilities, park or recreation areas, and landscape treatments, including any screening of adjacent properties.
c. 
Elevations of the building(s) showing the architectural design of the building.
d. 
All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the site plan review authority.
e. 
Narrative of compliance with the applicable design standards of this article.
D. 
Timeline. Site plan review should begin within 30 days of the submission of a complete application and should be completed expeditiously. The site plan review authority may, when appropriate, seek the input of other municipal boards or officials and any peer review deemed necessary. If the relevant board or official has not provided input within 35 days of the receipt of the application, the site plan review authority may assume that there is no objection and proceed with the review process. In general, site plan review should be completed no more than six months after the submission of the application.
E. 
Site plan review and approval. Site plan approval for uses listed in § 173-251, Permitted uses, shall be granted upon determination by the site plan review authority that the applicant has submitted the required fees and information as set forth in municipality's requirements for a building permit and site plan review; and the project as described in the application meets the development standards set forth in § 173-255, General performance standards and criteria. The site plan review authority may impose reasonable conditions, at the expense of the applicant, to ensure that these conditions have been satisfied.
F. 
Determinations. The Planning Board shall approve a site plan only upon its determination of the following:
a. 
Internal circulation and egress are such that traffic safety is protected, and access via minor streets servicing single-family homes is minimized.
b. 
Visibility of parking areas from public ways and residences is minimized, and lighting of these areas avoids glare on adjoining properties.
c. 
Major topographic changes or removal of existing trees is minimized.
d. 
Adequate access to each structure for fire and service equipment is provided.
e. 
Utilities and drainage in the vicinity either are or will be made adequate.
f. 
Methods of stormwater control and treatment as outlined in the Town of Littleton Low Impact Design/Best Management Practices Manual (latest edition) are utilized to the maximum extent practicable.
G. 
Project phasing. An applicant may propose, in a site plan review submission, that a project be developed in phases subject to the approval of the site plan review authority, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase. However, no project may be phased solely to avoid the provisions of § 173-256, Affordability requirements.
If any provision of this Article XXXIII is found to be invalid by a court of competent jurisdiction, the remainder of Article XXXIII shall not be affected but shall remain in full force. The invalidity of any provision of this Article XXXIII shall not affect the validity of the remainder of the Town of Littleton's Zoning.