The Neighborhood Mixed Use District (NMU District) is designed to accommodate the integration of multi-family residential uses with commercial development in areas suitably located with convenient highway access, to increase the inventory of affordable housing in Hopkinton that are Local Initiative Program (LIP) units in compliance with the requirements specified by the Department of Housing and Community Development (DHCD) so that said units will count toward the Town’s requirements under M.G.L. c. 40B, §§ 20-23, and to provide specialized services to the community and the region. It is the intent that, within the NMU District, there shall be an overall unity of design of the uses consistent with designs that are traditional to New England and Hopkinton. The location and design of such uses should be such that they will not disturb residential neighborhoods or detract from the appearance of the Town and will result in the maintenance of a balance and workable relationship between undeveloped natural resources, residential neighborhoods and commercial development.
[Added 5-6-2014 ATM by Art. 34]
Except as otherwise provided in this section, the definitions set forth in § 210-4 shall be applicable to all terms used in this Article. Notwithstanding the forgoing, the following terms, as used in this Article, shall have the meanings indicated:
Any Dwelling Units qualifying as low or moderate income housing as defined by regulations of the Department of Housing and Community Development.
A structure used in conjunction with an athletic club/health and fitness club wherein the shape of the structure is attained by air pressure, and occupants of the structure are within the elevated pressure area.
The portion of a Development Project area that is not Open Conserved Land.
The construction of new structures or site work associated with the construction of new structures. The term includes the construction of roadways, installation of utilities, and restoration and improvement of Open Conserved Land.
A development undertaken pursuant to this Article, as shown on a site plan submitted to the Planning Board for Site Plan Review. A Development Project may occupy one or more lots.
All land area located within the NMU District.
Use as Dwelling Units as defined in § 210-4, but specifically not including residential units that may be part of a Continuing Care Retirement Community, Assisted Living Facility or similar institution.
The vertical distance from the mean finished grade of all sides of building or structure to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs, excluding chimneys, spikes, towers, wireless communication facilities, screens, parapet walls, and other structures, equipment, or projections not used for human occupancy. For residences, the area above the mean finished grade and below the floor of the first occupiable story, not to exceed 10 feet, shall be excluded from measurement of height and stories.
Any dwelling units other than Single-Family Dwellings.
Land that is available for public use, reserved for outdoor passive or active recreation, and protected in perpetuity by an Open Conserved Land Covenant prohibiting further development or activities within such land that are inconsistent with the Open Conserved Land Covenant’s purpose.
A legally enforceable restriction or covenant, recorded in the Registry of Deeds and enforceable by the Town, providing that the land subject thereto shall remain as Open Conserved Land in perpetuity.
That portion of a building included between the upper surface of a floor and the upper surface of the floor above, except that attic or loft space between the upper surface of a floor and the upper surface of a slanted or partially slanted roof shall not be considered a story, whether or not used for human occupancy.
No new building or structure shall be constructed or used, in whole or in part, and no building or structure, or part thereof, shall be altered, enlarged, reconstructed or used, and no land shall be used in the NMU District for any purpose except one or more of the following, provided that no use shall involve noxious odors or excessive noise.
● | A use that is permitted by right is denoted by the letter “Y”. |
● | A use denoted by the letters “SP” may be permitted by Special Permit from the Planning Board. |
A.
The following uses shall be permitted by right or allowed by Special Permit in the NMU District without the issuance of a Master Plan Special Permit. Upon the issuance of a Master Plan Special Permit pursuant to § 210-247 and the filing of the Notice pursuant to § 210-247.D, the uses permitted in § 210-240.B and not those specified in § 210-240.A shall be permitted within the area subject to the Master Plan Special Permit.
Table of Uses – Land Not Subject to a Master Plan Special Permit | |
|---|---|
Professional offices, medical offices, administrative offices, clerical offices, establishments for research and development or laboratories with a biosafety level of Level 1 or Level 2. | Y |
Light manufacturing and/or assembly with associated professional, administrative and/or clerical offices. | Y |
Conference centers | Y |
Banks | Y |
Restaurants | Y |
Drive-in, drive-through, or drive-up uses, but excluding the dispensing of food or drink. | Y |
Public and private educational uses | Y |
Agricultural and horticultural uses | Y |
Child-care centers | Y |
Places of worship and other religious uses | Y |
Y | |
SP | |
Health services facilities | Y |
Retail stores not to exceed 2,000 square feet, located so as to provide for the convenience of the occupants of the immediate neighborhood, selling items such as groceries, prepared take-out food, toilet articles, cosmetics, candy, sundries, medications, newspapers, magazines and ice cream; provided, however, that any such retail store may operate only between the hours of 6:00 a.m. and 10:00 p.m. | Y |
Residential dormitory components of a conference center | SP |
Public transportation facilities, limited to 1) shuttle bus stop facilities, 2) park and ride parking facilities, and 3) parking facilities for public school buses serving Hopkinton residents. | SP |
Facilities used for water supply or sewage treatment, or associated with the provision of electrical, telephone, gas or cable services within the NMU District. | Y |
Accessory uses to any use allowed by right or by Special Permit herein. | Y |
B.
The following uses shall be permitted in the NMU District for a Development Project under a Master Plan Special Permit issued pursuant to § 210-247:
Table of Uses – Land Subject to a Master Plan Special Permit | |
|---|---|
Multi-family dwellings | Y |
Retail stores, not to exceed 15,000 square feet per single tenant or operator | Y |
Retail stores exceeding 15,000 square feet per single tenant or operator, but not to exceed 38,000 square feet per single tenant or operator | SP |
Athletic clubs/Health and Fitness clubs | Y |
Health services facilities | Y |
Professional offices, medical offices, administrative offices, clerical offices, establishments for research and development or laboratories with a biosafety level of Level 1 or Level 2 | Y |
Light manufacturing and/or assembly with associated professional, administrative and/or clerical offices | Y |
Conference centers | Y |
Banks | Y |
Restaurants | Y |
Drive-in, drive-through, or drive-up uses, excluding the dispensing of food or drink | Y |
Public and private educational uses | Y |
Child care centers | Y |
Places of worship and other religious uses | Y |
Municipal uses | Y |
Residential dormitory components of a conference center | SP |
Public transportation facilities, limited to 1) shuttle bus stop facilities, 2) park and ride parking facilities, and 3) parking facilities for public school buses serving Hopkinton residents. | SP |
Facilities used for water supply or sewage treatment, or associated with the provision of electrical, telephone, gas or cable services within the NMU District. | Y |
Accessory uses to any use allowed by right or by Special Permit herein. | Y |
[Amended 5-1-2017 ATM by Art. 37]
A.
Commercial Uses within the NMU District shall be limited to 250,000 square feet of Gross Floor Area in the aggregate, as authorized by a Master Plan Special Permit issued pursuant to § 210-247. No single building shall have a footprint exceeding 19,000 square feet of Gross Floor Area or exceed 38,000 square feet of Gross Floor Area in total, with the exception of buildings used for an Athletic Club/Health and Fitness Club. An Athletic Club/Health and Fitness Club may have a footprint of up to 80,000 square feet of Gross Floor Area exclusive of Air Supported Structures or a footprint of up to 110,000 square feet of Gross Floor Area inclusive of Air Supported Structures, but shall not exceed 150,000 square feet of Gross Floor Area inclusive of Air Supported Structures; provided, however, that the Planning Board may, by Special Permit, approve an Athletic Club/Health and Fitness Club with a greater area of Gross Floor Area.
The Planning Board may, by Special Permit, approve the re-use of a building or combination of buildings formerly containing an Athletic Club/Health and Fitness Club for non-residential uses permitted under § 210-240.B where such re-use would exceed the maximum footprint or Gross Floor Area otherwise permitted for such uses by this section; provided, however, that no Special Permit may authorize an Air Supported Structure to be used for purposes that are not a component of an Athletic Club/Health and Fitness Club. Under no circumstances shall a Special Permit be issued that results in more than 250,000 square feet of Gross Floor Area of commercial uses within the NMU District.
B.
For the purposes of this section, the area of buildings used for water supply or sewage treatment facilities shall be excluded from the calculation of Gross Floor Area.
Affordable Housing shall be provided in accordance with the following requirements:
A.
One (1) Dwelling Unit shall be established as an Affordable Housing Unit for every four (4) Dwelling Units within the NMU District. As long as the rules, regulations or guidelines of the Massachusetts Department of Housing and Community Development issued pursuant to M.G.L. c. 40B, §§ 20-23 provide that all of the units in a rental development that contains at least 25% affordable housing units are eligible for inclusion on the Subsidized Housing Inventory, then all Dwelling Units within the NMU District shall be operated as a rental development. However, if either (i) M.G.L. c. 40B, §§ 20-23 is no longer in effect, or (ii) the rules, regulations or guidelines of the Massachusetts Department of Housing and Community Development, issued pursuant to M.G.L. c. 40B §§ 20-23, no longer provide that all of the units in a rental development that contains at least 25% affordable housing units are eligible for inclusion on the Subsidized Housing Inventory, then the Dwelling Units may be operated either as a rental development or as a for-sale condominium development. In such case, the number of affordable Dwelling Units shall be no less than one (1) for every four (4) Dwelling Units within the NMU District.
B.
All Affordable Housing Units shall be integrated with the rest of the residential development in which it is located, and shall be comparable in design, exterior appearance, construction, and quality of exterior materials with other units in such residential development. The mean number of bedrooms in Affordable Housing Units shall be equal to the mean number of bedrooms in the market-rate Dwelling Units in the residential development in which they are located.
A.
Where a Master Plan Special Permit has not been issued, the dimensional requirements set forth in § 210-186 shall be applicable.
B.
The following dimensional requirements shall apply to any uses for which a Master Plan Special Permit has been issued:
(1)
Development Site:
(a)
Minimum lot frontage for the Development Site on a public way: 50 feet.
(b)
Minimum setback of buildings and parking areas:
[1]
For buildings: Forty (40) feet from the boundary line of a Business, Downtown Business, Industrial A, Industrial B or Agricultural District for all buildings; forty (40) feet from the boundary line of a Rural Business District for residential buildings; zero (0) feet from the boundary line of a Rural Business District for commercial buildings; one hundred (100) feet from the boundary of all other zoning districts.
[2]
For parking: Forty (40) feet from the boundary line of a Business, Downtown Business, Industrial A, or Agricultural District; forty (40) feet from the boundary line of an Industrial B District for parking accessory to residential buildings and thirty (30) feet from the boundary line of an Industrial B District for parking accessory to commercial buildings; zero (0) feet from the boundary line of a Rural Business district for at-grade parking accessory to commercial buildings; one hundred (100) feet from the boundary of all other zoning districts.
[3]
Thirty (30) feet from the street line for residential buildings; forty (40) feet from the street line for all other buildings; five (5) feet from the street line for at-grade parking areas; provided, however, that such setbacks shall not be applicable to private roadways located entirely within the NMU District.
(c)
The minimum setback of buildings and parking areas from property lines shall be landscaped and/or wooded so as to provide adequate year-round screening of the use from abutting property and streets. Such minimum setback areas shall remain undisturbed or, if previously disturbed, shall be planted and/or landscaped. The Planning Board may authorize by special permit a lesser setback or lesser screening than set forth herein, upon a finding that such lesser setback or screening is appropriate for the Development Site and the surrounding neighborhood and uses.
(2)
Individual lots within the Development Site:
(a)
Minimum lot area for individual lots within Development Site: None.
(b)
Minimum lot frontage within the Development Site: None; provided, however, that roadways located entirely within the Development Site shall provide adequate access for all buildings on the development site, but shall not become public ways. Fifty feet of frontage shall be required for each lot in the Development Site if the roads are intended to be eligible for acceptance as public ways.
(c)
Minimum setback of buildings from interior property lines within the Development Site and from private roadways: None.
(3)
Maximum building height: Buildings and structures shall not exceed 50 feet in height or have more than four stories.
(4)
A minimum of 40% of the total area of the Development Site shall be Open Conserved Land.
(5)
Multiple buildings and uses may be permitted on a single lot.
The requirements of § 210-124(B) (1) relating to the minimum number of parking spaces shall apply in the NMU District, with the following addition:
Use | Requirement |
|---|---|
Multi-family dwelling units | 1 space for one bedroom unit; 2 spaces for every unit with 2 or more bedrooms. |
A.
Adequate pedestrian access, as determined by the Planning Board, shall be provided to the Open Conserved Land. The Open Conserved Land may remain as part of the overall Development Site and need not be a separate parcel, but there shall be Open Conserved Land Covenants stating that there shall be no further development and no activities within the Open Conserved Land that are not consistent with the Open Conserved Land Covenant’s purpose. The Open Conserved Land may consist of a separate parcel and may be conveyed to the Town or a nonprofit organization, the purpose of which is the preservation of open space, or may be retained by an owner of land within the Development Site. Regardless of any such conveyance, the Open Conserved Land shall continue to be considered part of the Development Site for the purpose of calculating dimensional requirements.
B.
The Open Conserved Land shall consist of land that may be used for outdoor active or passive recreational purposes and shall be planned as large, contiguous units wherever possible. If privately owned, the Open Conserved Land shall be available for use by the general public, subject to such reasonable rules and regulations to govern the use of the Open Conserved Land as may be adopted by the owner thereof. The Open Conserved Land may be comprised of more than one parcel, provided that the size, shape and location of such parcels are suitable for outdoor active or passive recreational purposes.
C.
Setback areas from zoning district boundaries, if more than 100 feet in depth, may be considered to be part of the Open Conserved Land.
D.
Areas set aside for planned or reserved parking spaces or fire lanes shall not qualify to be part of the Open Conserved Land.
E.
Open Conserved Land may be used for the provision of subsurface utilities for the NMU District such as sewer lines, water lines, wastewater disposal beds and related underground equipment.
F.
Open Conserved Land Covenants shall specify the permitted uses of specific parcels of Open Conserved Land; the responsible party to be charged with maintenance and stewardship of the Open Conserved Land in perpetuity; and a required program for such maintenance and stewardship.
G.
Nothing in this section shall be interpreted to preclude the owner of Open Conserved Land from imposing additional restrictions on the Open Conserved Land or a conservation restriction which are not inconsistent with the applicable Open Conserved Land Covenant.
A.
Curb cuts on public ways abutting the Development Site shall be minimized. Whenever feasible, Development Projects shall include interior vehicular connections to adjacent Development Projects and to adjacent non-residential development outside the NMU District for the purpose of reducing curb cuts and traffic flow on adjacent public ways. The location of curb cuts shall be determined by the Planning Board during the Site Plan Review process.
B.
Buildings, roadways and parking lots shall be designed to accommodate the landscape, natural site features and natural resources. Disturbance to the site shall be minimized so that as many trees and natural features are retained as possible. Natural features shall be incorporated within the Open Conserved Land where possible.
C.
Outdoor lighting fixtures shall be shielded and directed to prevent illumination from falling outside of the intended areas.
D.
The design of any interior roadway that connects two or more Development Projects shall conform to the Rules and Regulations Relating to the Subdivision of Land, whether or not such interior roadway is laid out in accordance with the Subdivision Control Law. The Planning Board may waive specific provisions of the Rules and Regulations Relating to the Subdivision of Land if such waiver would be not be inconsistent with the design principles set forth in this section and otherwise in the public interest. All utilities within the Development Site shall be underground.
E.
The design of buildings shall be consistent with styles that are traditional to New England and Hopkinton. Buildings shall utilize energy efficient design and low impact development t techniques and principles, to the extent feasible.
F.
If stormwater management facilities are necessary for the construction of the buildings on the Development Site, such facilities shall not be located within the required setback areas, unless specifically permitted by the Planning Board. Such stormwater management facilities shall be designed to appear as natural landforms, to the extent feasible.
A.
The Planning Board shall be the Special Permit Granting Authority for any Special Permit issued pursuant to the provisions of this Article. The Planning Board may adopt and file with the Town Clerk regulations governing Submission Requirements and Procedures for any such Special Permit.
B.
In all matters in which it has jurisdiction to issue use Special Permits pursuant to the provisions of this Article, the Planning Board may issue such Special Permits only upon a finding that the proposed use is in harmony with the general purpose and intent of this chapter. Any such Special Permit shall be subject to such conditions and safeguards as the Planning Board may prescribe and shall include design guidelines applicable to development of the site. In reviewing any application for such a Special Permit, the Planning Board shall give due consideration to promoting the public health, safety, convenience and welfare, shall encourage the most appropriate use of land, shall require that development be consistent with the Design Principles set forth in § 210-246 and shall permit no building or use that is injurious, noxious, offensive or detrimental to its neighborhood.
C.
Except as otherwise authorized in this Section, no Construction Activity for a use that is subject to a Master Plan Special Permit pursuant to the provisions of this Article shall commence unless authorized by said Master Plan Special Permit.
D.
If the applicant elects to exercise the rights granted in a Master Plan Special Permit issued pursuant to the provisions of this Article, a Notice to such effect shall be filed with the Town Clerk, Planning Board and Department of Municipal Inspections, and recorded in the Registry of Deeds, prior to the commencement of Construction Activity. From and after the filing of such Notice, all Construction Activity within the NMU District shall be in accordance with the approved Master Plan Special Permit.
E.
The entirety of the NMU District shall be subject to one Master Plan Special Permit, for uses allowed pursuant to § 210-240.B.
F.
Application for a Master Plan Special Permit.
(1)
A record owner desiring a Master Plan Special Permit pursuant to the provisions of this Article shall file with the Planning Board an application therefor in accordance with any applicable regulations and submission requirements adopted pursuant to this Article. At a minimum, the application shall be accompanied by a Master Plan that depicts the planned use of the entire NMU District, as well as the following information relating to development of the NMU District:
(a)
Identification of the entire area of land to be developed;
(b)
The existing topography of the land, vegetative cover, soil types, wetlands and water bodies, roads and ways;
(c)
The general proposed location within which structures will be constructed, together with a schedule of proposed land use types including Multifamily Dwellings, commercial uses, Air-Supported Structures, mixed use buildings, and/or buildings accessory to Open Conserved Land uses;
(d)
The general proposed location, size and intended use of all Open Conserved Land, including pedestrian, bicycle and equestrian trails, and the entity intended to own, operate, and/or maintain such Open Conserved Land;
(e)
The general proposed location of all existing and proposed roads, water supply systems, wastewater systems, storm water drainage, utilities, and connections to existing infrastructure;
(f)
An analysis of the impact of implementing the Master Plan on surface and ground water quality, groundwater recharge, wildlife habitat and corridors, wetlands and bodies of water, including streams and rivers, both localized and general, and an evaluation of pre-development conditions and post-development conditions;
(g)
A traffic impact and access study on the impact of implementing the Master Plan;
(h)
An analysis of the projected economic impact of implementing the Master Plan on the Town, prepared by a qualified independent economic research consultant;
(i)
A phasing projection indicating the general anticipated schedule of construction of improvements within the NMU District in accordance with the Master Plan Special Permit; provided, however, that such schedule may be subject to variation depending on market forces;
(j)
Proposed Design Guidelines for the NMU District;
(k)
Proposed forms of the Open Conserved Land Covenant necessary for the Open Conserved Land.
(2)
Approval criteria. No Master Plan Special Permit shall be granted unless the Planning Board finds that:
(a)
The Master Plan complies with the provisions of this Article.
(b)
The impact of the development activities shown on the Master Plan is anticipated to be of benefit to the Town.
(c)
The intersections and roadways providing access to the NMU District will operate at an acceptable level of service based on the anticipated impact of vehicular traffic from all proposed development within the NMU District.
(d)
The Master Plan provides adequately for the convenience and safety of vehicular and pedestrian movement within the NMU District and in relation to streets, property or improvements outside the NMU District.
(e)
The Master Plan provides for the adequacy of the methods of disposal of sewage, refuse and other wastes, provision of utilities, and the methods of drainage for surface water and seasonal flooding, if any, and adequate provision of water for domestic purposes.
(3)
An NMU special permit may be combined with a special permit regarding parking pursuant to Section 210-124(C) and (D).
(4)
Approval of an NMU Master Plan Special Permit application shall not be considered to constitute approval of any construction.
(5)
Master Plan Special Permit amendment.
(a)
Amendment of a Master Plan Special Permit issued pursuant to the provisions of this Article shall require the approval of the Planning Board. An application to amend the Master Plan Special Permit may be submitted separately or together with an application to the Planning Board for Site Plan Review. If the Board determines that a proposed amendment is significant, it shall hold a public hearing in conformance with M.G.L. c. 40A § 9. If the Board determines, at a noticed public meeting of the Board but without a public hearing in conformance with M.G.L. c. 40A § 9, that a proposed amendment is minor, it may amend the Master Plan Special Permit without a public hearing; provided, however, that a copy of such amendment shall be filed with the Town Clerk.
(b)
Applications for an amendment to a Master Plan Special Permit issued pursuant to the provisions of this Article may be filed by the owners of the affected land, and shall not be required to be filed by the owners of all land within the NMU District.
(c)
Duration of approval. The commencement of Construction Activity within two (2) years of the date of the filing of the decision with the Town Clerk (or the date of the final resolution of any appeal of such decision) shall be deemed to constitute substantial use of rights under the Master Plan Special Permit.
[Amended 5-1-2017 ATM by Art. 37]
A.
Construction of all Development Projects within the NMU District shall be subject to Site Plan Review by the Planning Board in accordance with the provisions of Article XX, with the following additions and exceptions:
(1)
Submitted Site Plans shall show the planned design, use and lighting of the entire Development Site; provided, however, that, if development will be phased over time, separate site plan submissions may be made for separate portions of the Development Site.
B.
Permissible building areas. A Site Plan may show proposed construction within a Permissible Building Area, where the mix of uses and related construction details are subject to change, and shall specify the maximum square feet of Gross Floor Area to be constructed within such Permissible Building Area. Although the Site Plan may show a proposed building in a specific location, the Site Plan approval shall authorize the construction of the Development Project if the structures therein and other site features thereof are located within the Permissible Building Area indicated. After the issuance of a Certificate of Occupancy for a building, (i) for commercial buildings: the amount by which such building is less than the maximum square footage of Gross Floor Space allocated thereto shall be available for reallocation to other proposed commercial buildings in computing the total Gross Floor Area for commercial uses in the NMU District for purposes of the Intensity of Use Limitations set forth in § 210-241.A, and (ii) for residential buildings: the amount by which the number of Dwelling Units constructed is less than the number of Dwelling Units proposed shall be available for reallocation to other proposed Dwelling Units in computing the total number of Dwelling Units for purposes of the Intensity of Use Limitations set forth in § 210-241.B, subject to further site plan review of the buildings to which such intensity of uses is reallocated, if required.
C.
Minor modifications. After the filing of a Decision of Site Plan Review, the Planning Board shall have the authority to approve minor modifications to the Site Plan. Minor modifications shall include changes that involve minor utility or building orientation adjustments; minor adjustments to parking, landscaping, Open Conserved Land or other building or site details; or other changes that do not significantly increase the square footage of Gross Floor Area of Commercial Uses within a Development Project or the number of Dwelling Units in a Development Project. Minor modifications may be approved by the Planning Board at any regularly scheduled public meetings, without the need to hold a public hearing.
D.
Duration of approval. If the development is to be phased over time, Site Plan approvals under this Article shall remain in effect as long as a building permit for not less than one (1) building in a Development Project on the Development Site is issued within two (2) years of issuance of the Site Plan approval (or the date of final resolution of any appeal of such issuance).
All signs in the NMU District are solely subject to such limitations of size and usage as may be imposed by the Planning Board.
A.
Modifications to Article XII, Water Resources Protection Overlay District. In the NMU District, the following modifications to the provisions generally applicable to the Water Resources Protection Overlay District shall apply: For purposes of § 210-70(C) (2), the term “Development Project” shall be substituted for the term “lot.”
B.
Modification to Article XVIII, Supplementary Provisions. The Planning Board may, at its discretion, waive provisions of § 210-124, Off-Street Parking which pertain to the design of parking facilities, as part of the Site Plan Review process if such waiver would assist with achieving the purposes of this Article.