Chapter 7-07 Overlay Districts

[HISTORY: Adopted as part of 4-27-2009 Annual Town Meeting, Art. 31; amended 4-26-2010 Annual Town Meeting, Art. 28. Subsequent amendments noted where applicable.]

§ 7-07-010 Groundwater Protection Overlay District.

[Amended 5-1-2021 ATM; 4-23-2023 ATM by Art. 45; 4-23-2023 ATM by Art. 49; 4-22-2024 ATM by Art. 56; 4-22-2024 ATM by Art. 57]

The purpose of the Groundwater Protection Overlay District is:

(1)

To protect, preserve and maintain the existing and potential groundwater supply and groundwater recharge areas within the known aquifers of the town.

(2)

To preserve and protect present and potential sources of water supply for the public health and safety.

(3)

To conserve the natural resources of the town.

Definitions. The following definitions apply to specialized words and terms associated with the Groundwater Protection Overlay District:

AQUIFER

A geologic formation, group of geologic formations or part of a geologic formation that contains sufficient saturated permeable material to yield significant quantities of water to wells and springs. For purposes of this chapter, only the unconsolidated water-bearing, predominately glacially formed geologic deposits are addressed.

AREA OF INFLUENCE

The area which experiences drawdown by a pumping well as plotted on a two dimensional (map) surface.

CONE-OF-DEPRESSION

A three dimensional conical concavity produced in a water table by a pumping well.

EXISTING CONDITIONS

Conditions as they occur as of the effective date of this chapter (MGL C. 40A, § 6).

GLACIOFLUVIAL

Pertaining to an unconsolidated geologic deposit, which was formed by or in association with glacial meltwater streams, typically resulting in the deposition of sand- and gravel-sized particles.

GLACIOFLUVIAL/LACUSTRINE

Pertaining to an unconsolidated geologic deposit which was formed by or in association with the transition zone where glacial meltwater streams flowed into a glacial lake environment, typically resulting in the deposition of sand-, silt- and clay-sized particles in a fining downward sequence. References to such deposits within this chapter refer to the more coarse-grained sediments such as would be associated with a delta.

GLACIOLACUSTRINE

Pertaining to an unconsolidated geologic deposit which was formed by or in association with a glacial lake environment, typically resulting in the deposition of sand-, silt- and clay-sized particles. References to such deposits within this chapter refer to the fine-grained sediments such as would be associated with lake bottom deposits.

GROUNDWATER

The subsurface water present in aquifers and recharge areas.

IMPERVIOUS SURFACE

Material on the ground that prevents surface water from infiltrating into the soil and underlying groundwater system; impermeable.

LEACHABLE WASTES

Waste materials, including solid wastes, sludge and agricultural wastes, that are capable of releasing waterborne contaminants to the surrounding environment.

MINING OF LAND

The removal of geologic materials, such as topsoil, sand and gravel, metallic ores or bedrock.

PRIMARY RECHARGE AREAS

Areas that collect precipitation or surface water and directly transmit it to aquifers or areas of pumping influence.

PROCESS WASTES

Nondomestic, nontoxic, nonhazardous liquid or solid waste byproducts associated with the manufacture or preparation of a product, including but not limited to hardware, dry goods, foodstuffs and printed material.

RECHARGE

The processes involved in the absorption and addition of water to the zone of saturation; also, the amount of water added.

RECHARGE AREA

An area in which water is absorbed that eventually reaches the zone of saturation in one or more aquifers.

SANITARY WASTE

Wastewaters arising from ordinary domestic water use, as from toilets, sinks and bathing facilities, and containing such concentrations and types of pollutants as to be considered normal wastes. For purposes of this chapter, all references to disposable volume(s) of “sanitary wastes” refer to design standards as outlined in Title V of the State Environmental Code (310 CMR 15.00).

SATURATED THICKNESS

The depth of the saturated zone.

SATURATED ZONE

The subsurface zone occurring below the water table where the soil pores are filled with water and the moisture content equals the porosity.

SOLID WASTES

Any discarded solid material, putrescible or nonputrescible, consisting of all combustible and noncombustible solid material, including but not limited to garbage and rubbish.

TOXIC OR HAZARDOUS MATERIALS

Any substance or mixture of such physical, chemical or infectious characteristics as to pose an actual or potential hazard to water supplies or other hazard to human health if such substance or mixture were discharged to land or waters of this town. “Toxic or hazardous materials” include, without limitation, organic chemicals, petroleum, heavy metals, radioactive or infectious wastes, acids and alkalines, and include products such as pesticides, herbicides, solvents and thinners. Partial listings of hazardous substances include: MGL C. 21C, the Massachusetts Hazardous Waste Regulations (310 CMR 30.00) and 314 CMR 3.16.

WETLANDS

As defined by MGL C. 131, § 40.

Establishment and delineation.

(1)

For the purpose of these districts, there are hereby established within the Town certain aquifer protection areas consisting of aquifers, areas of influence and recharge areas. These areas are determined by standard geologic and hydrologic investigations, which may include drilling observation wells, utilizing existing boring data and stratigraphic profiles, conducting seismic surveys or other geophysical techniques, performing pumping tests, water sampling, geologic mapping and computer modeling.

(2)

The boundaries of these districts are delineated on a map at a scale of one inch equals 1,000 feet, entitled "Zoning Map - Town of Northborough, Massachusetts," on file in the office of the Town Clerk. These boundaries reflect the best hydrogeologic information available as of the date of this map. In the event of a discrepancy between the map and the criteria of Areas 1, 2 and 3 in Subsection C(6) of this section, the map shall control.

(3)

Where a Groundwater Protection District boundary line divides a lot in single or common ownership at the time such district is established, a use authorized on the less restricted portion of such lot may be extended into the more restricted portion but in no case for more than 50 feet over the established line; a special permit from the special permit granting authority for said extension shall be required in accordance with Subsection D(4) of this section.

(a)

Where a lot is located partially in one groundwater protection area and partially in one or more other groundwater protection area(s), the minimum lot size requirement shall conform to the minimum lot size requirement of the groundwater protection area within which the building is located. If the building will be located partially in one groundwater protection area and partially within one or more other groundwater protection area(s), the minimum lot size requirement shall conform to the minimum lot size for the most restrictive groundwater protection area. No land area that lies within a more restrictive groundwater protection area shall be used to satisfy the land area requirement of a less restrictive groundwater protection area.

(4)

Where the bounds as delineated are in dispute, the Town or landowner(s) may engage a professional geologist, hydrogeologist or engineer trained and experienced in hydrogeology to determine more accurately the location and extent of the aquifer or recharge protection areas. Amendments to the district boundaries shall only occur per the requirements of MGL C. 40A, § 5.

(5)

The special permit granting authority shall be the Zoning Board of Appeals, except that for wireless communication facilities applications, two-family dwelling unit applications, or any applications in the Industrial District, the special permit granting authority shall be the Planning Board. The special permit granting authority shall hear and act upon all cases of appeal and petitions for special permits which are brought under this chapter.

(6)

The Groundwater Protection Overlay Districts include the aquifer's significant areas of recharge consisting of:

(a)

Area 1. Area of influence of all existing municipal wells within the town, confirmed by long-term pump test or by stabilized water levels after maximum duration pumping/primary recharge area.

[1]

The cones-of-depression and respective areas of influence and recharge generated by the municipal wells after at least 90 days of continuous pumping at their respective rated capacities or after long-term pumping at their currently utilized capacities (may be based upon computer modeling).

(b)

Area 2. Potential water supply area/primary recharge area.

[1]

Glaciofluvial and/or glaciofluvial/lacustrine deposits with 40 feet or greater of saturated thickness.

(c)

Area 3. Primary recharge area.

[1]

Glaciofluvial, glaciofluvial/lacustrine and/or glaciolacustrine deposits with less than 40 feet of saturated thickness and upgradient of Areas 1 and/or 2.

Use regulations. The Groundwater Protection Overlay Districts shall be considered as overlying other zoning districts. Any uses permitted in the portions of the underlying districts shall be permitted, subject to all the provisions of this district. Uses not specifically permitted in this chapter [Subsection D(1) or (3) of this section] shall be prohibited. Where all uses allowed in the underlying district would not be allowed by the overlying Groundwater Protection District, those uses allowed in the Groundwater Protection District shall prevail. Within the Groundwater Protection Overlay Districts, these regulations shall apply:

(1)

The following uses are permitted within the Groundwater Protection Overlay Districts; provided, that all necessary permits, orders or approvals required by local, state or federal law shall have been obtained, and when permitted by the underlying zoning district:

(a)

Area 1.

[1]

Conservation of soil, water, plants and wildlife.

[2]

Outdoor recreation, nature study, boating, fishing and hunting where otherwise legally permitted.

[3]

Landings; foot-, bicycle and/or horse paths; and bridges.

[4]

Proper operation and maintenance of existing dams, splashboards and other water control, supply and conservation devices.

[5]

Agricultural uses: pasture, grazing, hay, gardening, nursery, conservation, forestry and harvesting of crops; provided, that fertilizers, herbicides, pesticides and other leachable materials are not stored outdoors or in any manner which would permit leakage thereof. The appropriateness of the management practices shall be governed by the United States Department of Agriculture or Soil Conservation Service, the Cooperative Extension Service or Massachusetts Department of Food and Agricultural guidelines use regulations.

[6]

Necessary public utilities/facilities designed so as to prevent contamination of groundwater.

[7]

Residential development of single-family dwellings on lots of at least 80,000 square feet in area, such that the increase in post-development net runoff volume shall not exceed existing conditions by more than 15% or such that the impervious cover of the building lot is increased over existing conditions by no more than 15%, such determination to be made by the Building Department in conjunction with the Town Engineer.

[8]

Agricultural, religious, educational and public services as exempted by MGL C. 40A, § 3.

(b)

Area 2.

[1]

All uses permitted in Area 1 and the following uses to the extent permitted in the underlying district.

[2]

Residential development of single-family dwellings on lots of at least 40,000 square feet in area, such that the increase in post-development net runoff volume shall not exceed existing conditions by more than 15% or such that the impervious cover of the building lot is increased over existing conditions by no more than 15%, such determination to be made by the Building Department in conjunction with the Town Engineer.

(c)

Area 3.

[1]

All uses permitted in Areas 1 and 2 above and the following uses to the extent permitted in the underlying district.

[2]

Residential development of single-family, two-family and multifamily dwellings as allowed in the underlying district on lots of at least 20,000 square feet in area where sewage disposal is on-site, such that the increase in post-development net runoff volume shall not exceed existing conditions by more than 15% or such that the impervious cover of the building lot is increased over existing conditions by no more than 15% and any on-site sewage disposal is less than or equal to 220 gallons per day per 10,000 square feet of lot area, such determination to be made by the Building Inspector in conjunction with a staff/consulting civil engineer and other relevant Town staff.

[3]

Commercial development as allowed per underlying zoning that does not involve as accessory uses the manufacture, storage, application, transportation and/or disposal of toxic or hazardous materials, on lots of at least 20,000 square feet in area where sewage disposal is on-site, such that: a) the impervious cover of the building lot is increased over existing conditions by no more than 40% or, where lot coverage will comply with underlying zoning, the proponent can demonstrate and certify that runoff waters leaving the site via surface flow will not violate Class B water quality standards (314 CMR 4.00) and that runoff waters leaving the site via groundwater recharge will not violate Class I groundwater quality standards (314 CMR 6.00); b) the increase in post-development net runoff volume shall not exceed existing conditions by more than 15%; and c) any on-site sewage disposal is less than or equal to 110 gallons per day per 10,000 square feet of lot area, such determination to be made by the Building Inspector in conjunction with a staff/consulting civil engineer and other relevant Town staff.

(2)

The following uses are prohibited:

(a)

Area 1.

[1]

Land uses resulting in the disposal of any waste material, solid or liquid, other than domestic sanitary wastes.

[2]

Any use (except agricultural, religious, educational and public services as exempted by MGL C. 40A, § 3) involving the sale, storage or transportation of fuel, oil or gasoline, other than a maximum of 300 gallons of domestic home heating oil.

[3]

Uses (except agricultural, religious, educational and public services as exempted by MGL C. 40A, § 3) which, as part of normal operating or maintenance procedures, would involve the application, transfer, storage or use of toxic or hazardous materials in quantities greater than normal household use.

[4]

The commercial mining of land.

[5]

Dumping of snow brought in from outside Area 1.

[6]

Storage of road salt or deicing chemicals in quantities greater than normal residential use.

[7]

Automotive and boat service and repair shops, junk and salvage yards.

[8]

Anything prohibited in Areas 2 and 3.

(b)

Areas 2 and 3.

[1]

Disposal of solid wastes, other than brush and stumps.

[2]

The on-site disposal of liquid or leachable wastes other than sanitary domestic wastes or innocuous process wastes.

[3]

Uncovered storage of road salt or deicing chemicals.

[4]

The commercial mining of land to an elevation of less than 10 feet above the maximum high-water table as established by a monitoring program of groundwater levels in observation wells installed at the owner’s expense by a professional geologist, hydrogeologist or engineer in the proposed location of mining.

[5]

Any activity (except agricultural, religious, educational and public services as exempted by MGL C. 40A, § 3) which involves as a principal or accessory use the manufacture, storage, application, transportation and/or disposal of toxic or hazardous materials where such activity would involve outside storage, on-site waste disposal or uncontrolled drainage facilities which would allow discharge to surface or ground waters.

(3)

The following uses are permitted only under the terms of a special permit issued by the special permit granting authority, are subject to Subsection D(1) and (2) of this section and must conform to provisions of the underlying zoning district:

(a)

Area 1.

[1]

Expansion of existing nonconforming uses to the extent allowed by the underlying district. The special permit granting authority shall not grant such approval unless it shall find that such expansion shall not be substantially more detrimental to the water supply than the existing use. In no case shall such permit be issued for a prohibited use.

[2]

Two-family and multifamily residential development on lots of at least 80,000 square feet in area, such that the increase in post-development net runoff volume shall not exceed existing conditions by more than 15% or such that the impervious cover of the building lot is increased over existing conditions by no more than 15% and any on-site sewage disposal is less than or equal to 55 gallons per day per 10,000 square feet of lot area.

[3]

Cluster development, such that developed density over the entire parcel does not exceed one dwelling unit per 80,000 square feet of area, increase in post-development net runoff volume shall not exceed existing conditions by more than 15% or such that the impervious cover of the building lot is increased over existing conditions by no more than 15%.

[4]

In industrial zones, a change in the use of the building shall require a special permit unless a determination is made by the Inspector of Buildings/Zoning Enforcement Officer, Town Engineer and Town Planner finding that such change in use of the building is not more detrimental to the water supply. In the event a special permit is required, the special permit granting authority shall not grant such approval unless it shall find that such change in use shall not be detrimental to the water supply.

(b)

Area 2.

[1]

[2]

Two-family and multifamily residential development on lots of at least 40,000 square feet in area, such that the increase in post-development net runoff volume shall not exceed existing conditions by more than 15% or such that the impervious cover of the building lot is increased over existing conditions by no more than 15% and any on-site sewage disposal is less than or equal to 110 gallons per day per 10,000 square feet of lot area.

[3]

Cluster development, such that developed density over the entire parcel does not exceed one dwelling unit per 40,000 square feet of area, increase in post-development net runoff volume shall not exceed existing conditions by more than 15% or such that the impervious cover of the building lot is increased over existing conditions by no more than 15%.

[4]

Commercial development limited to retail shopping, business or professional office on lots of at least 40,000 square feet in area where sewage disposal is on-site and lots of at least 20,000 square feet where sewage disposal is via municipal sewerage, such that the increase in post-development net runoff volume shall not exceed existing conditions by more than 15%, the impervious cover of the building lot is increased over existing conditions by no more than 40% or there is no restriction of lot coverage beyond that provided by underlying zoning where proponent can demonstrate and certify that runoff waters leaving the developed site via surface flow will not violate Class B water quality standards (314 CMR 4.00) and runoff waters leaving the site via groundwater recharge will not violate Class I groundwater quality standards (314 CMR 6.00), and any on-site sewage disposal is less than or equal to 110 gallons per day per 10,000 square feet of lot area.

[5]

Industrial development on lots of at least 60,000 square feet in area, such that the increase in post-development net runoff volume shall not exceed existing conditions by more than 15%, the impervious cover of the building lot is increased over existing conditions by no more than 40% or the lot coverage does not exceed that amount of lot coverage permitted by underlying zoning where proponent can demonstrate and certify, except to the extent of naturally occurring pH and temperature components of surface water quality and groundwater quality standards, that runoff waters leaving the developed site via surface flow will not cause a violation of Class B water quality standards (314 CMR 4.00) and runoff waters leaving the site via groundwater recharge will not cause a violation of Class I groundwater quality standards (314 CMR 6.00), and any on-site sewage disposal is less than or equal to 110 gallons per day per 10,000 square feet of lot area and any water supply developed on site shall not diminish the total safe yield of any Town of Northborough water supply.

[6]

Commercial or industrial activities which involve as accessory uses the manufacture, storage, application, transportation and/or disposal of toxic or hazardous materials; provided, that there shall be no on-site disposal of any waste or process materials, no outside storage of toxic or hazardous materials, contained drainage facilities in areas of potential spillage or release, adequate contingency plans in case of spillage or release and approved routing of suppliers and haulers of any toxic or hazardous materials to or from the state. The proponent for a building or occupancy permit must demonstrate and certify on an annual basis to the Building Department and Board of Health that all applicable federal, state and Town of Northborough licenses, permits and standards for the handling, use, storage and disposal of any regulated materials have been obtained or met.

Area 3.

Any use involving on-site disposal of process wastes.

[3]

Industrial development on lots of at least 60,000 square feet in area, such that the increase in post-development net runoff volume shall not exceed existing conditions by more than 15%, the impervious cover of the building lot is increased over existing conditions by no more than 40% or the lot coverage does not exceed that amount of lot coverage permitted by underlying zoning where proponent can demonstrate and certify, except to the extent of naturally occurring pH and temperature components of surface water quality and groundwater quality standards, that runoff waters leaving the developed site via surface flow will not cause a violation of Class B water quality standards (314 CMR 4.00) and runoff waters leaving the site via groundwater recharge will not cause a violation of Class I groundwater quality standards (314 CMR 6.00), and on-site sewage disposal is less than or equal to 220 gallons per day per 10,000 square feet of lot area and any water supply developed on site shall not diminish total safe yield of any Town of Northborough water supply.

[4]

Commercial or industrial activities which involve as accessory uses the manufacture, storage, application, transportation and/or disposal of toxic or hazardous materials; provided, that there shall be no on-site disposal of any waste or process materials, no outside storage of toxic or hazardous materials, controlled/contained drainage facilities in areas of potential spillage or release, adequate contingency plans in case of spillage or release and approved routing of suppliers and haulers of any toxic or hazardous materials to or from the site. The proponent for a building or occupancy permit must demonstrate on an annual basis to the Building Department and Board of Health that all applicable federal, state and Town of Northborough licenses, permits and standards for the handling, use, storage and disposal of any regulated materials have been obtained or met.

[5]

(4)

Procedures for issuance of special permit.

(a)

Each application for a special permit shall include:

[1]

A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect all storage containers/facilities from vandalism, corrosion and leakage and to provide for control of spills.

[2]

A description of potentially toxic or hazardous wastes to be generated, indicating storage and disposal methods.

[3]

Evidence of approval by the Massachusetts Department of Environmental Protection (DEP) of any industrial waste treatment or disposal system or any wastewater treatment system over 15,000 gallons per day capacity.

[4]

For underground storage of toxic or hazardous materials, evidence of qualified professional supervision of system design and installation.

[5]

Analysis by a technically qualified expert certifying that the quality and supply of the underlying groundwater resources will not be degraded to the point whereby a hazard to public health or ecological damage results.

(b)

Each application for a special permit shall be filed with the Town Clerk for transmittal to the special permit granting authority and shall be accompanied by nine copies of the plan (minimum scale of one inch equal to 100 feet). Such special permit shall be granted if the special permit granting authority determines that the intent of this chapter as well as its specific criteria are met. In making such determination, special permit granting authority shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures failed.

(c)

Upon receipt of the special permit application, the Town Clerk shall transmit one copy each to the Board of Selectmen, Conservation Commission, Planning Board, Board of Health and Water and Sewer Commissioners for their written recommendations. Failure to respond in writing to the clerk of the special permit granting authority within 21 days following receipt of the application by the applicable board or commission shall indicate no objection by said board or commission.

(d)

The special permit granting authority shall hold a hearing, in conformity with the provisions of MGL C. 40A, § 9, within 65 days after the filing of the application with the special permit granting authority and after the review of the aforementioned town bodies. Notice of the public hearing shall be given by publication and posting and by first-class mailings to parties in interest, as defined in MGL C. 40A, § 11. The decision of the special permit granting authority and any modification or renewal thereof shall be filed with the Town Clerk within 90 days following the close of the public hearing. Failure of the special permit granting authority to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by MGL C. 40A, § 11.

(e)

After notice and public hearing and after coordinating, clarifying and weighing the comments received, the special permit granting authority may grant such a special permit; provided, that it finds that the proposed use:

[1]

Meets the purpose and intent of this chapter and will not derogate from the purpose of the Groundwater Protection Overlay Districts.

[2]

Will not, during construction or thereafter, impair ambient groundwater quality or reduce existing recharge capacity beyond that allowed per this chapter.

[3]

Will not adversely affect the quality or the yield of an existing or potential water supply.

§ 7-07-020 Floodplain Overlay District.

[Amended 4-25-2011 ATM, Art. 33; 4-25-2022 ATM, Art. 41]

General provisions.

(1)

The purposes of the floodplain overlay district are to:

(a)

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

(b)

Eliminate new hazards to emergency response officials;

(c)

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

(d)

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;

(e)

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

(f)

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

(g)

Protect and preserve wildlife habitat;

(h)

Preserve and maintain the groundwater table.

(2)

The floodplain overlay district shall be considered as overlying other districts. All uses permitted in the floodplain overlay district shall conform to uses permitted in the underlying district.

(3)

The floodplain district is herein established as an overlay district. The district includes all special flood hazard areas within the Town of Northborough designated as Zone A, AE, AH, or AO on the Worcester County Flood Insurance Rate Map (FIRM) dated July 16, 2014, 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 July 16, 2014. The FIRM and FIS report are incorporated herein by reference and are on file with the planning board, conservation commission and the town engineer.

(4)

The Town of Northborough hereby designates the position of building inspector/zoning enforcement officer to be the official floodplain administrator for the Town of Northborough.

(5)

The Town of Northborough requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities (consistent with and to the extent permitted by G.L. c. 40A, § 3), fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

(6)

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.

(7)

In the floodplain overlay district, there shall be no land filling or dumping and no new construction or extension of existing structures except as provided below, and for all areas designated as floodways, any proposed encroachment in a floodway is prohibited unless certification by a registered professional engineer or architect is provided by the proponent, demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood.

(8)

The floodplain district is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and with the following:

(a)

Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas;

(b)

Wetlands protection regulations, Department of Environmental Protection (DEP);

(c)

Inland wetlands restriction, DEP; and

(d)

Minimum requirements for the subsurface disposal of sanitary sewage, DEP.

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

(9)

Variances to building code floodplain standards. The Town of Northborough 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 town’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 town official that (a) 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 (b) 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.

(10)

Variances from the zoning bylaw related to community compliance with the National Flood Insurance Program (NFIP).

A variance from these requirements of the floodplain overlay district must meet the requirements set out by state law and may only be granted if:

(a)

Good and sufficient cause and exceptional nonfinancial hardship exist;

(b)

The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

(c)

The variance is the minimum action necessary to afford relief.

(11)

All subdivision proposals must be designed to assure that:

(a)

Such proposals minimize flood damage;

(b)

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

(c)

Adequate drainage is provided to reduce exposure to flood hazards.

(12)

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.

(13)

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on Northborough’s FIRM map encroachments, including fill, new construction, substantial improvements, and other development, are prohibited 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.

(14)

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.

(15)

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.

(16)

Base flood 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. The proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

(17)

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.

(18)

Notification of watercourse alteration. In a riverine situation, the building inspector/zoning enforcement officer shall notify the following of any alteration or relocation of a watercourse:

(a)

Adjacent communities;

(b)

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Suite 600-700, Boston, MA 02114;

(c)

NFIP Program Specialist, Federal Emergency Management Agency, Region I, 99 High Street, 6th Floor, Boston, MA 02110.

(19)

Abrogation and greater restriction section. The floodplain management regulations found in this floodplain overlay district section shall take precedence over any less restrictive conflicting local laws, bylaws or codes.

(20)

Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable by the town but does not imply total flood protection.

(21)

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

(22)

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). Notification shall be submitted to:

FEMA Region I Risk Analysis Branch Chief

99 High Street, 6th floor, Boston, MA 02110

And copy of notification to:

Massachusetts NFIP State Coordinator

MA Dept. of Conservation and Recreation, 251 Causeway Street, Boston, MA 02114

Definitions.

(1)

General definitions.

DEVELOPMENT

Any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. (US Code of Federal Regulations, Title 44, Part 59).

FLOODWAY

The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved, in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (Base Code – International Building Code, Chapter 2, Section 202).

FUNCTIONALLY DEPENDENT USE

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (US Code of Federal Regulations, Title 44, Part 59); also (Referenced Standard ASCE 24-14).

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (US Code of Federal Regulations, Title 44, Part 59).

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1)

By an approved State program as determined by the Secretary of the Interior; or

(2)

Directly by the Secretary of the Interior in states without approved programs.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, bylaw, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. (Referenced Standard ASCE 24-14).

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY

See FLOODWAY.

SPECIAL FLOOD HAZARD AREA

The land area subject to flood hazards and shown on a flood insurance rate map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, or AH. (Base Code – International Building Code, Chapter 2, Section 202).

START OF CONSTRUCTION

The date of issuance of a building permit for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (Base Code – International Building Code, Chapter 2, Section 202).

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (US Code of Federal Regulations, Title 44, Part 59).

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. (As amended by Massachusetts in 9th Edition of State Building Code).

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation. (US Code of Federal Regulations, Title 44, Part 59).

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3 is presumed to be in violation until such time as that documentation is provided. (US Code of Federal Regulations, Title 44, Part 59).

(2)

Flood Zone definitions.

ZONE A

An area of special flood hazard without water surface elevations determined.

ZONE A1-30 AND ZONE AE

Area of special flood hazard with water surface elevations determined.

ZONE AH

Areas of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet, and with water surface elevations determined.

ZONE AO

Area of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow).

ZONE A99

Area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined).

ZONES B, C, AND X

Areas of minimal or moderate flood hazards or areas of futureconditions flood hazard. (Zone X replaces Zones B and C on new and revised maps).

Prohibited uses. Except as provided in subsections (D) and (E) of this section, all new construction and encroachments including grading, filling, excavating, substantial improvements and other development are prohibited unless:

(1)

A technical evaluation by a registered professional engineer demonstrates that the new construction or encroachment will not result in any increase in flood levels during the occurrence of the base flood discharge; and

(2)

It is otherwise allowed by a special permit from the zoning board of appeals under subsection (E) of this section.

Permitted uses.

(1)

Maintenance, repair and replacement of existing structures in a driveway or private way or in an associated easement. Structures referred to herein are banks, walls, culverts, bridges or similar structures.

(2)

Any woodland, grassland, wetland, agricultural, horticultural or recreational use of land or water not requiring filling, including parking facilities requiring no permanent structures. Alteration or extension of preexisting nonconforming structures (see Chapter 7-08) shall be designed, placed and constructed to offer a minimum obstruction to the flow of water and shall be firmly anchored to prevent floating away.

(3)

Any activity, construction or installation conducted solely for the purpose of environmental clean-up or remediation, and required or approved by the United States Environmental Protection Agency or the Massachusetts Department of Environmental Protection.

(4)

Driveways across floodplain areas are to be designed so that the existing elevations are not altered in such a way as to decrease the flood control potential of the area or interfere with the flow of water.

Uses permitted by special permit.

(1)

Buildings and sheds accessory to the uses described in Subsection D of this section, and driveways and roads are permitted on approval of the zoning board of appeals in accordance with Section 7-03-040. In hearing such applications, the zoning board of appeals shall consider the following, in addition to any other factors it deems pertinent:

(a)

Any such building, structure, driveway or road shall be designed, placed and constructed so as to offer a minimum obstruction to the flow of water; and said building or structure shall be firmly anchored to prevent floating away.

(b)

Such structure shall not be used for sustained human occupancy.

(c)

Such structure shall be designed to protect against damage from inundation by floodwaters, equipment or materials stored therein.

(d)

There shall be no practical alternative means of access, and the town engineer has certified that the said driveway or road, if constructed, shall not endanger the health, safety or welfare of the public.

(e)

The proponent has obtained any existing flood elevation data, and it has been reviewed by the building inspector for its reasonable utilization toward meeting the elevation or flood proofing requirements of the State Building Code.

(f)

No application approval by the zoning board of appeals shall be considered to supersede the requirements of MGL c. 131, § 40 (Wetlands Protection Act) or the Massachusetts State Building Code (780 CMR).

(2)

If any land in the floodplain overlay district is proven to the satisfaction of the board of appeals as being in fact not subject to flooding or not unsuitable because of drainage conditions for any use which would otherwise be permitted if such land were not, by operation of this section, in the floodplain overlay district, and said board finds that the use of such land for any such use will not interfere with the general purpose for which the floodplain overlay district has been established and will not be detrimental to the public health, safety or welfare, the zoning board of appeals may, after a public hearing with due notice, issue a special permit for any such user, provided written approval from FEMA verifying the parcel does not belong in the floodplain overlay district is submitted with any application for a special permit.

(3)

Any other bylaw or regulation to the contrary notwithstanding, no construction shall be permitted within the floodplain overlay district unless the zoning board of appeals determines that all utilities are located, elevated and constructed so as to minimize or eliminate flood damage and that the methods of disposal for sewage, refuse and other wastes and for providing drainage are adequate to reduce flood hazards.

(4)

If a special permit is granted, the zoning board of appeals shall impose such conditions and safeguards as public safety, welfare and convenience may require. Upon completion of any authorized work, an as-built plan, prepared by a registered professional engineer or a registered land surveyor, as appropriate to the data, of all improvements in the floodplain overlay district shall be submitted to the building inspector and shall specify the elevation of the lowest floor including basement, the elevation to and method by which any structure has been floodproofed and the finished grades of all disturbed areas.

§ 7-07-030 (Reserved) [1]

[1]

Editor's Note: Former § 7-07-030, Major commercial development overlay district, was repealed 4-22-2024 ATM by Art. 53.

§ 7-07-040 Residential-Open Space Planning Overlay District.

Purposes. The purposes of the Residential-Open Space Planning Overlay District (ROPOD) are to encourage the preservation of open space by providing for a range of residential uses in exchange for a substantial amount of protected land; to provide flexibility in the development of land in an environmentally sensitive area; to assure that the town has sufficient information to evaluate the impacts of proposed developments; and to encourage innovative concepts for developments that are subject to fewer predetermined requirements and provide more community benefits than those associated with development under the provisions of the underlying zoning.

Applicability. The ROPOD is an overlay district superimposed upon land located in the Residence B district in the vicinity of the Southwest Connector, as shown on the Zoning Map - Town of Northborough, Massachusetts. Within the ROPOD, a tract of land as defined below may be placed in a Planned Residential Development District (PRDD) by a 2/3 vote of town meeting, in accordance with MGL C. 40A, § 5. Each PRDD shall be numbered sequentially, such as PRDD-1, PRDD-2, and so forth. Unless land in the ROPOD is placed within a PRDD and a property owner chooses to develop land in accordance with the provisions of a PRDD, the use, density and dimensional regulations shall be those in effect in the underlying Residence B district. In the event that a proponent wishes to develop in accordance with the regulations of a PRDD, the rules and regulations of the PRDD as approved by town meeting shall apply, and by filing an application for a special permit, site plan approval, or building permit under this section, the owner shall be deemed to accept and agree to them.

A tract of land may be placed in a PRDD if it meets all of the following minimum requirements, unless waived or altered by town meeting vote:

(1)

The proposed site is located within the ROPOD;

(2)

The proposed site contains at least 40 acres of land;

(3)

The proposed site has at least 200 feet of frontage on a street as defined in Section 7-02-040; and

(4)

The Planning Board has conducted a public hearing on the land owner’s proposed concept plan for the site in accordance with the procedures of this section and MGL C. 40A, § 5.

Use regulations. The owner of a qualifying tract of land may propose a PRDD with any of the following uses, which shall be subject to the grant of a special permit from the Planning Board.

(1)

Detached single-family dwelling.

(2)

Attached single-family dwelling or townhouse.

(3)

Multifamily dwelling.

(4)

Assisted living residence.

(5)

Continuing care retirement community.

(6)

The following accessory residential uses:

(a)

Garage or carport accessory to dwellings requiring a special permit.

(b)

Other accessory structure.

(7)

Passive recreation, open space, or conservation.

(8)

Other uses approved at the time of town meeting approval of the PRDD.

Concept plan. A land owner seeking to place property in a PRDD shall submit a concept plan to the Planning Board for review as provided in subsection (E) of this section. The concept plan shall contain a written submission and plans and drawings. The purpose of the concept plan is to identify and describe all of the use, density and dimensional, and other requirements and restrictions that shall apply to development in a proposed PRDD, to the extent that such requirements differ from the requirements governing development in the underlying district. The contents of the concept plan, as may be revised by the owner during the Planning Board’s review process, shall become binding provisions for development in the PRDD upon town meeting’s approval of the PRDD.

(1)

Written submission. The narrative submission shall include all of the following information:

(a)

A description of the site, including assessor’s parcel identification number(s), total area in square feet, and total developable area in square feet;

(b)

The specific uses proposed for inclusion in the PRDD, which may be any of the uses listed under subsection (C) of this section;

(c)

The specific density and dimensional provisions proposed for the PRDD, including provisions for each type of dimensional requirement in Section 7-06-020 and the following additional requirements:

[1]

Maximum number of dwelling units to be constructed in the PRDD,

[2]

Maximum ratio of gross floor area of all buildings and structures to the total developable area of the site, and

[3]

Maximum ratio of impervious surfaces to the total developable area of the site;

(d)

The proposed maximum number of off-street parking and loading spaces, and the proposed number of parking spaces per dwelling unit by unit type;

(e)

A traffic analysis prepared by a certified professional traffic operations engineer registered as a professional engineer in the Commonwealth of Massachusetts, including:

[1]

Traffic counts on existing streets that provide access to the proposed PRDD, showing data for average daily traffic (ADT) and a.m. and p.m. peak periods,

[2]

Intersection turning movement counts at intersections most likely to be affected by development in the proposed PRDD,

[3]

An inventory of roadway characteristics, such as but not limited to the width of existing streets that provide access to proposed PRDD and the presence or absence of public sidewalks on those streets,

[4]

Estimated trip generation showing the projected inbound and outbound vehicular trips for the a.m. and p.m. peak periods and typical one hour off-peak trip generation, based on the most recent edition of the Institute of Traffic Engineers, Trip Generation,

[5]

The estimated distribution of new trips by approach streets,

[6]

The effect of additional PRDD-generated traffic on the level of service (LOS) on each approach street and at intersections likely to be affected by the proposed development, and

[7]

Estimated off-street parking and loading requirements and time of peak accumulation;

(f)

An analysis of the environmental impacts of development in the proposed PRDD, in general terms, considering wetlands, surface water and groundwater resources, wildlife habitat, air quality, and scenic views;

(g)

An analysis of the public benefits of the proposed PRDD, such as but not limited to the amount of open space to be preserved, the inclusion of affordable housing, the sustainable design elements of the proposed concept plan, the amount of tax revenue to be generated by development in the PRDD compared with the town’s cost to provide municipal and school services to the development, or other benefits as may be applicable to a particular site or project;

(h)

A complete, specific list and description of all provisions in this bylaw with which the proposed PRDD will not comply, which list shall not be limited to the use and dimensional regulations of the underlying district;

(i)

A current list of all abutters within 300 feet of the boundaries of the proposed PRDD, as certified by the assessor’s office; and

(j)

Any additional specifications the owner wishes to propose for the PRDD, which specifications shall be binding to the same extent as the required specifications described above;

(2)

Plans and drawings. The concept plan submission shall include the following plans and drawings:

(a)

A map showing the boundaries of the proposed PRDD, with dimensions, together with identification of adjacent streets and other information needed to understand the location of the proposed district;

(b)

A plan or plans showing the information required for an open space-residential development special permit under Section 7-10-010(J)(4), as applicable, and the following additional requirements:

[1]

Preliminary building plans, showing building types and their approximate locations, and floor plans and typical elevations to scale, for all proposed buildings and structures,

[2]

Existing and proposed utilities, including water mains, fire hydrants, sanitary sewers, and storm drains adjacent to the land or to which the proposed development will be connected,

[3]

The areas or approximate delineation of lots that will be used as building areas, and the areas or approximate delineation of lots that are to remain as permanent open space,

[4]

The yard setback in feet for buildings and parking lots from lot lines and, where applicable, a zoning district boundary;

(c)

Any additional drawings which the land owner wishes to include for the proposed PRDD; provided, that such additional drawings shall be binding to the same extent as the required drawings.

Concept plan submission procedures.

(1)

The proponent wishing to place land in a PRDD is encouraged to meet with the Planning Board prior to submitting a concept plan. The purpose of the pre-submission meeting is to solicit guidance from the Planning Board about the scope and level of detail to be shown in the concept plan.

(2)

The proponent shall submit 13 complete copies of the concept plan to the Town Clerk at least 21 days before the date of the Planning Board hearing concerning a duly filed petition to place the tract of land in a PRDD. The proponent shall distribute a complete copy of the concept plan to each of the Town Clerk, Board of Selectmen, Planning Board (five copies), Town Planner, Town Engineer, DPW Director, Board of Health Agent, Police Department, and Fire Department.

(3)

Once submitted to the Planning Board, the concept plan shall not be amended except in accordance with this section. A concept plan may be amended in writing, signed by the proponent, if filed with the Town Clerk and the Planning Board at least five days before the date of the town meeting at which the PRDD is to be considered; provided, that such amendment has been approved by the Planning Board, as evidenced by certification of the same by the Clerk of the Planning Board, as shown on the concept plan amendment.

(4)

The Planning Board will approve an amendment only if it finds that there is good cause for the proposed change and that the change is not inconsistent with information presented at the Planning Board public hearing. The concept plan may also be amended by town meeting, if determined by the town moderator to be within the scope of the article.

Concept plan public hearing. The Planning Board shall hold a public hearing about the proposed creation of a PRDD in accordance with MGL C. 40A, § 5. The public hearing notice shall be in accordance with MGL C. 40A, § 5 and in a form approved by the Planning Board. At minimum, the notice shall contain a description of the concept plan in a form sufficient for the public to understand the proposed PRDD, and shall identify the locations at which complete copies of the concept plan may be inspected prior to town meeting. The proponent shall pay the cost of providing complete copies of the concept plan for placement in said locations, and for publication of the public hearing notice.

Town meeting. The concept plan shall be presented to town meeting and shall be identified specifically in any motion to establish the PRDD.

Special permit with site plan approval. The Planning Board may grant a special permit with site plan approval for the development of land within the PRDD, subject to any conditions it may require. The following procedures and decision criteria shall apply in the PRDD.

(1)

Application. The application for a special permit with site plan approval shall be filed with the Planning Board under Section 7-03-050. The application shall include a copy of the concept plan approved by town meeting, and shall be in accordance with the rules and regulations of the Planning Board. The site plan submission shall contain sufficient information for the Planning Board to render a decision under Section 7-03-050 and subsection (H)(3) of this section. No application shall be deemed complete without payment of fees by the proponent as determined by the Planning Board.

(2)

Public hearing. The Planning Board shall hold a public hearing in accordance with MGL C.40A, §§ 9 and 11, and Section 7-03-040 of this bylaw. The public hearing notice shall contain a description of the site plan sufficient for the public to understand the proposed development and identify locations at which the special permit application may be reviewed.

(3)

Decision. The Planning Board shall grant a special permit if it determines that the definitive site plan submission:

(a)

Is consistent with the concept plan approved as part of the vote to establish the PRDD at town meeting, in that the definitive plan does not exceed the density and dimensional requirements and other restrictions included in the concept plan, or contain any uses other than the uses presented in the concept plan, or provide less than the minimum common open space presented in the concept plan;

(b)

Provides for a suitable development in harmony with the general purposes and intent of this bylaw and not detrimental to the neighborhood or to the town, and which meets the requirements of Section 7-03-050 for a special permit with site plan approval, including without limitation the decision criteria set forth in Section 7-03-050(C)(2);

(c)

Provides that any land shown in the approved concept plan as permanent open space shall be conveyed in accordance with MGL C. 40A, § 9; provided, that if the land is conveyed to an entity other than the town, the town shall have sufficient rights to enable it to enforce compliance with the restrictions imposed by the Planning Board as conditions of its special permit; and

(d)

Satisfies the following additional design standards and criteria:

[1]

Insofar as practicable, the site shall be preserved in its natural state by minimizing tree and soil removal, and manmade features such as stone walls shall be maintained with minimal alteration or disruption;

[2]

The development shall maintain or enhance the character and appearance of the town. Awareness of the existence of a development, particularly a higher-density development, shall be minimized by screening views of the development from nearby streets or single-family neighborhoods by the effective use of existing land forms, or alterations thereto, such as berms, and by existing vegetation or supplemental planting;

[3]

Wherever possible, the common open space shall be contiguous and linked as a unit, and linked to other existing open space;

[4]

Without specifying any particular architectural style, the scale, massing and detailing of buildings should be compatible with other buildings prevalent in the neighborhood. Where a multifamily development is located adjacent to a neighborhood of single-family dwellings, the massing scheme and selection of exterior materials for buildings shall be complementary to a single-family neighborhood;

[5]

The disturbance, removal or substantial alteration of buildings of historic or architectural significance shall be minimized;

[6]

Buildings shall be located harmoniously with the land form, vegetation and other natural features of the site, effectively for solar and wind orientation for energy conservation, and advantageously for views from the building while minimizing intrusion on views from other buildings;

[7]

Buildings and their adjoining grounds shall permit safe, efficient access and operation by public safety personnel and equipment;

[8]

Where applicable, the development shall provide sufficient traffic mitigation to maintain or improve the existing level of service on nearby roadways and intersections affected by the development, as determined by the Planning Board based on its review of the traffic analysis;

[9]

Where applicable, improved access, or the development of additional links or connectors, shall be made to existing public facilities and services such as conservation areas, recreation facilities, sidewalks or bicycle paths, streets, transportation systems, or utility systems;

[10]

The development provides for an internal system of routes for pedestrians, including bicycles, with minimal conflicts with vehicles, where feasible;

[11]

The location of intersections with primary and secondary streets shall be such as to minimize traffic congestion;

[12]

Utilities shall be underground or as inconspicuous as possible; and

[13]

Facilities such as storage, refuse disposal, utility buildings, and structures for recreational activities shall be located and screened to minimize visibility from public ways and adjacent residential areas.

Special permit and site plan revisions. Changes involving uses not permitted by the concept plan approved by town meeting or which are not substantially consistent with that plan, or which are otherwise not permitted by this section, may be made only by revision of the concept plan and approval by a 2/3 vote of town meeting.

Use variances. No use variances shall be granted in the ROPOD or within that portion of the Residence B District included within the ROPOD.

§ 7-07-050 Multifamily Development Overlay District.

[Added 4-22-2024 ATM by Art. 50]

Purposes. The purposes of the Multifamily Development Overlay District, hereinafter referred to as the "MDOD," are:

(1)

To comply with the requirements for MBTA communities as set forth in MGL c. 40A, § 3A;

(2)

To diversify the Northborough housing stock and create pedestrian-friendly development by promoting the creation of multi-family housing within close proximity to shopping, eateries, local services, and major transportation corridors;

(3)

To encourage the adaptive reuse, development and redevelopment of vacant and underutilized buildings and properties;

(4)

To support local businesses and promote the revitalization of downtown Northborough by increasing the size of the customer base;

(5)

To respond to the local and regional need for affordable housing by requiring housing options that are affordable and add to the Northborough SHI (Subsidized Housing Inventory);

(6)

To meet the housing and economic development goals articulated in the 2020 Master Plan.

Applicability. The MDOD is an overlay district superimposed over the underlying zoning districts as set forth on the map entitled "Multifamily Development Overlay District Map." This map is hereby made part of the Zoning Map - Town of Northborough, and is on file in the Office of the Town Clerk. The MDOD contains the following sub-districts:

(1)

Southwest Connector Multifamily Development Sub-District.

(2)

Downtown Multifamily Development Sub-District.

Relationship to existing zoning. In the MDOD, all requirements of the underlying district shall remain in effect except where these regulations provide an alternative to such requirements, in which case these regulations shall supersede. Where the provisions of the MDOD are silent on a zoning regulation that applies in the underlying district, the requirements of the underlying district shall apply.

Permitted uses in the MDOD as set forth in Subsection E, herein, are exempt from the requirements of the Groundwater Protection Overlay District, provided that the proponent shall demonstrate and certify that: a) runoff waters leaving the site via surface flow will not violate Class B water quality standards (314 CMR 4.00) and that runoff waters leaving the site via groundwater recharge will not violate Class 1 groundwater quality standards (314 CMR 6.00); b) the increase in post-development net runoff volume shall not exceed existing conditions by more than 15%; and c) any on-site sewage disposal is less than or equal to 110 gallons per day per 10,000 square feet of lot area, such determinations to be made by the Building Inspector in conjunction with a staff/consulting civil engineer and other relevant Town staff.

Procedures and regulations. Development under this section requires site plan review by the Planning Board under Section 7-03-050 and design review by the Design Review Committee under Section 7-03-060. The Planning Board may adopt design guidelines for the MDOD that are not inconsistent with this Section or other applicable sections of the Northborough Zoning Bylaws.

Use regulations.

(1)

Permitted uses. The following uses shall be permitted by-right in the MDOD, subject to site plan approval under Section 7-03-050. Uses are as defined in Section 7-05-020 unless otherwise specified below:

(a)

Attached single-family dwelling or townhouse.

(b)

Multifamily dwelling, defined as a building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling in each building.

(c)

Mixed-use development containing a mix of residential uses and non-residential uses. Developments in the MDOD may include the following non-residential uses within a vertical or horizontal mixed-use development, provided that non-residential uses are located on the first floor and, when combined, do not exceed 8,000 square feet within the Southwest Connector Multifamily Development Sub-District. Non-residential uses that require a special permit or are otherwise not permitted in the underlying district shall require a special permit by the Planning Board in the MDOD.

[1]

Retail store.

[2]

Personal service establishment.

[3]

Professional, medical, and dental, or business office.

[4]

Bank or automated teller machine.

[5]

Deli, sandwich shop, pizza shop, or take-out food service.

[6]

Restaurant, excluding alcoholic beverages.

[7]

Restaurant, including alcoholic beverages.

[8]

Brew pub.

[9]

Commercial recreation, indoor.

[10]

Cultural use.

[11]

Co-working space.

[12]

Artist studio or gallery.

[13]

Catering services.

[14]

Educational uses, nonexempt.

[15]

Exempt uses in accordance with MGL C. 40A, § 3.

(2)

The following accessory uses are permitted by-right in the MDOD:

(a)

Clubhouse for residents of the development.

(b)

Home professional office with no employees and who do not have regular customers/clients come to the office.

(c)

Parking.

(d)

Garage or carport.

(e)

Solar photovoltaic installation, roof-mounted.

(f)

Solar photovoltaic installation, canopy-mounted.

(g)

Passive recreation, open space, or conservation.

Density and dimensional regulations. The density and dimensional regulations of the underlying zoning districts are to be adhered to within the MDOD, except as follows:

(1)

Southwest Connector Multifamily Development Sub-District:

Use	Maximum Height (stories)	Maximum Height (feet)	Maximum Density (dwelling units per acre)
Attached single-family or townhouse	3	40	8
Multi-family dwelling	5	60	15
Vertical mixed-use development	5	60	15
Horizontal mixed-use development	5	60	15
Clubhouse	—	35	N/A

(2)

Downtown Multifamily Development Sub-District:

Use	Maximum Height (stories)	Maximum Height (feet)	Maximum Density (units per acre)
Attached single-family or townhouse	2.5	35	8
Multi-family dwelling	3	35*	15
Vertical mixed-use development	4	45	15
Horizontal mixed-use development	4	45	15
Clubhouse	—	35	N/A

*	Where parking is to be provided on the first floor of a multi-family dwelling, the maximum height may increase to 45 feet.

Affordable housing.

(1)

Number of Affordable Dwelling Units. For all MDOD Projects containing a minimum of 10 dwelling units, not less than 15% of dwelling units constructed shall be permanently restricted to households who qualify as low income, as that term is defined for the area by the Massachusetts Executive Office of Housing and Liveable Communities (EOHLC), or successor agency. For purposes of calculating the number of units of Affordable Dwelling Units required within the project, any fractional unit shall be deemed to constitute a whole unit.

(2)

Affordable Dwelling Units shall be constructed on the same site as market-rate units and shall be indistinguishably interspersed throughout the MDOD Project. The Affordable Dwelling Units shall be equal in quality, layout, construction materials, fixtures, and interior and exterior finishes to the base level market-rate units in the MDOD.

(3)

Occupants of Affordable Dwelling Units shall have the same access to common areas, facilities, and services as occupants of market-rate units in the MDOD.

(4)

The total number of bedrooms in Affordable Dwelling Units shall be proportionate to the total number of bedrooms in all units of the MDOD Project.

(5)

In Projects that are constructed in phases, Affordable Dwelling Units shall be constructed and occupied in proportion to the number of units in each phase of the Project.

(6)

To the extent permitted by applicable law, otherwise qualified Northborough residents shall have a first opportunity and preference for the Affordable Housing Dwelling Units in the MDOD. For the purposes of this requirement, "Northborough residents" shall be defined as a current Town of Northborough resident (as established through certification by the Northborough Town Clerk based on census, voting registration, or other acceptable evidence), or a current employee of the Town of Northborough or business establishment located in Northborough, or household with children attending the Northborough/Southborough Regional Public School District.

(7)

Affordable housing restriction. Affordable Dwelling Units shall be Local Action Units developed in compliance with the requirements for the same as specified by Commonwealth of Massachusetts Executive Office of Housing and Liveable Communities (EOHLC), or successor agency as part of the Local Initiative Program, 760 CMR 56.00, or otherwise. All such affordable dwelling units shall qualify for inclusion of the Subsidized Housing Inventory (SHI) maintained by the EOHLC, and shall be subject to an affordable housing restriction, consistent with the universal deed rider used in the Local Initiative Program, 760 CMR 56.00, which shall be recorded with the Worcester Registry of Deeds or district registry of the Land Court. The term of the Affordable Housing Restriction shall be in perpetuity. Each Affordable Dwelling Unit shall comply with MA Executive Office of Housing and Livable Communities' Affirmative Fair Housing Marketing and Resident Selection Plan Guidelines. No certificate of occupancy for a dwelling unit in a MDOD Project shall be issued until the Affordable Housing Restriction is recorded.

Design standards. In addition to the Site Design Standards set forth in Section 7-09-020 and the off-street parking and loading requirements set forth in Section 7-09-030, the following standards shall apply to any use or activity approved under this section.

(1)

Buildings.

(a)

Multiple buildings are allowed on one lot.

(b)

The front facade of new building(s) shall be oriented parallel to the public street that provides the lot with frontage. For a MDOD Project with buildings set back from the public street, buildings shall face the access way that serves them or a courtyard.

(c)

New building(s) parallel to the public street shall be compatible with the height and architecture of noteworthy buildings that share a functional or visual relationship to the proposed buildings. For a MDOD Project with multiple buildings, taller buildings shall be set back from the public street. To create a unified and defined street, consistent alignment of buildings is encouraged.

(d)

Stucco, metal, or fiberglass as a primary building finish material shall not be used.

(e)

Front building facades shall be modulated with horizontal offsets, recessed entries, or protrusions, where applicable. Vertical articulation may include colonnades, bay windows, porches or balconies, architectural detailing, and fenestration patterns.

(f)

Buildings with multiple non-residential tenants on the first floor shall articulate the facade in a manner that distinguishes the location of tenants through the use of decorative raised or depressed vertical surfaces, variations in signage, awnings, marquees, colonnades, or arcades.

(g)

Blank walls adjacent to streets, parking lots or open spaces shall not be permitted. Where windows are not possible or appropriate given the intended use, vertical articulation in the form of raised or recessed surfaces shall be used to break up blank walls.

(h)

Flat roofs shall only be allowed if they are capped by an architectural parapet or cornice that acts as a structural expression of the building facade and materials.

(i)

Rooftop mechanical equipment shall be screened so it is not visible from the pedestrian level. It can be integrated into the overall design of the building by use of materials, placement, roof shape or form, or other means.

(j)

The placement of gas meters, electric meters, compressors, transformers, etc. along the street-facing facade should be avoided unless there are compelling reasons to do so, and they are screened from view.

(2)

Site design.

(a)

Clearly delineated pedestrian walkways or pathways shall be provided between buildings on the same lot and between buildings and parking areas, recreation facilities, and adjacent lots to ensure a continuous pedestrian pathway throughout the district. All new sidewalks and pedestrian walkways shall be designed and constructed to be accessible in accordance with applicable laws, including the Rules and Regulations of the Massachusetts Architectural Access Board (AAB).

(b)

No use other than landscaping, pedestrian amenities, outdoor dining, sidewalks, and signs shall be permitted within the minimum required front yard of any lot.

(c)

Outdoor lighting for streets, parking areas, walkways, and gathering spaces shall be decorative and of a scale that is appropriate for a multi-family or mixed-use development. Light poles and fixtures shall not exceed 20 feet in height measured from the base to the highest point of the fixture.

(3)

Off-street parking.

(a)

Parking requirements shall be consistent with Section 7-09-030; except MDOD Projects approved under this section may provide fewer parking spaces where, in the determination of the Planning Board, proposed parking is found to be sufficient to meet the needs of the Project. The Planning Board may consider proximity to municipal and on-street parking, mixed uses, as well as the existence of a reciprocal agreement for shared parking that is consistent with Section 7-09-030C(3). The applicant shall demonstrate that parking will meet demand by using accepted methodologies (e.g., the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies).

(b)

Parking areas shall be located to the side and rear of buildings, underground, within a parking garage, or on the first floor of multifamily structures.

(c)

Abutting property owners are encouraged to coordinate parking layouts, including combining and connecting with adjacent parking lots, and coordinating access to their parking lots, including utilizing common curb-cuts and driveways under reciprocal agreements. The Planning Board may permit such shared driveways, curb cuts and combined parking lots if the applicant can demonstrate that the proposed design improves on-site and off-site circulation and/or results in a small parking area.

(4)

Common open space.

Within the Southwest Connector Multifamily Development Sub-District, common open space requirements shall be as follows:

(a)

Common open space shall comprise a minimum of 40% of the tract.

(b)

Common open space shall be large, contiguous and of a location suitable to assure its use for conservation, park, and recreation purposes.

(c)

Common open space shall not include parking lots, driveways, roads, or ways necessary for access and egress to the site.

(d)

Common open space shall be left in its natural state, landscaped, or developed for outdoor recreational facilities. Outdoor recreational facilities may include features and incidental recreational structures such as courtyards, boardwalks, walkways, trails, a clubhouse, swimming pools, decks, patio areas, grill stations, fire pits, seating and tables, playgrounds, basketball courts, tennis courts and/or bocce courts, dog parks, gardens, boat launch and fishing areas, and other similar features.

(e)

MDOD Projects containing 40 or more dwelling units shall include an appropriate outdoor amenity.

Within the Downtown Multifamily Development Sub-District, common open space requirements shall be as follows:
(a)	Common open space shall comprise a minimum of 20% of the tract.
(b)	Common open space should be visible to the public wherever possible.
(c)	Common open space shall not include parking lots, driveways, roads, or ways necessary for access and egress to the site.
(d)	Common open space shall be left in its natural state, landscaped, or developed for outdoor recreation purposes. Outdoor recreation amenities may include features and incidental recreational structures such as courtyards, gardens, walkways, trails, decks, patio areas, seating, pocket parks, and similar amenities. MDOD Projects containing 40 or more dwelling units shall include an appropriate outdoor amenity such as boardwalks, grill stations, tables, fire pits, playgrounds, boat launch and fishing areas, dog parks, community gardens, and similar amenities.

Waivers. The Planning Board is authorized to waive any requirements of this section for compelling reasons of safety, aesthetics, site design, or to lessen environmental, neighborhood or public service impacts.