City of Marlborough, MA Special Districts, Overlays and Special Requirements

The only use permitted in a Retirement Community Residence District shall be a retirement community. Such use shall be permitted as of right, provided that it is composed entirely of detached single-family residences on separate lots which comply in all ways with the Zoning Ordinance provisions then in effect which are applicable to single-family residences in a Residence A-1 Zone. A retirement community may also be allowed by special permit as specified in Subsection C below.

When approved by the City Council in writing by special permit in accordance with Article VIII, § 650-59, a retirement community as defined in § 650-5 may be allowed, subject to the following conditions:

(1)

No building shall be more than 2 1/2 stories in height.

(2)

Each building shall face either upon an existing street or upon a public or private way constructed within said retirement community and shall have a minimum front yard of no less than 20 feet from the edge of the paved way to the closest point of the structure and a side yard of no less than 10 feet from the edge of the paved way to the closest point of the structure. Each building, whether principal or accessory, shall be at least 20 feet distant from any other building by air line distance between the nearest points of the buildings.

(3)

No dwelling shall contain less than 1,000 square feet of living area or more than 2,400 square feet of living area.

[Amended 4-25-2011 by Ord. No. 11-1002806-1A]

(4)

All dwelling units shall be detached from the others or attached only along side walls in the so-called "townhouse" style.

(5)

The lot or lots on which a retirement community is located shall contain at least 5,000 square feet per unit in the retirement community.

(6)

No part of any principal building shall be within 25 feet of any exterior lot line nor shall any part of any building be closer to any exterior lot line than the minimum side yard requirement which would have been applicable in the zoning district in which the land in question was located before it was rezoned into a Retirement Community Residence District. A building may be as close as 25 feet to the front yard line of the exterior lot; provided, however, that no said building shall be less than 50 feet from the side line of a public way.

(7)

Each dwelling unit shall have its own attached yard area.

(8)

Required off-street parking for each dwelling unit shall be adjacent thereto. Each unit shall be required to provide at least one parking space inside a garage and an additional space in front of a garage, said garage to be attached to said unit. The City Council may, as a condition of its special permit, require additional off-street parking areas to be used in common by dwelling unit owners and their invitees. In addition, the City Council may, as a condition of the special permit, require the adoption of legally enforceable condominium bylaws or other similar regulations to limit or prohibit the presence in the retirement community, either entirely or except in designated locations, of boats, boat trailers, campers or other recreational vehicles.

[Amended 4-25-2011 by Ord. No. 11-1002806-1A]

(9)

Maximum lot coverage in a retirement community shall not exceed 50% of the total lot size, excluding from lot size any land which, prior to development of the site as a retirement community, would be defined as a "resource area" as that term is defined in MGL c. 131, § 40.

(10)

Each lot or contiguous lots upon which a retirement community is located shall have total frontage on an existing public way of at least 250 feet; provided, however, that said frontage need not be continuous. Each lot or combination of lots shall have a total size of not less than 15 acres.

[Amended on 1-6-2003 by Ord. No. 03-9821-2B]

(11)

The City Council may, as a permit condition, require that all proposed condominium bylaws or similar binding retirement community regulations which may be relevant to the issuance of the permit, including but not limited to bylaw provisions prohibiting the presence of children residing in the retirement community and limiting or prohibiting the presence in the retirement community of boats, boat trailers or recreational vehicles, be made a part of the special permit, and that any change to or failure to enforce said provisions shall be a violation of said special permit.

(12)

The City Council may, as a permit condition, require that the proposed retirement community be constructed entirely on one lot, and that, from and after the date of the issuance of the building permit for said community or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the City Council; provided, however, that the recording of a condominium master deed and the conveyance of condominium units within the area covered by said deed shall be allowed.

(13)

No unit in a retirement community shall have more than three bedrooms.[1]

[1]

Editor's Note: Former Subsection D, pertaining to special permits, which immediately followed this subsection, was repealed 7-26-2004 by Ord. No. 04-100431B.

§ 650-22 Retirement Community Overlay Districts.

Purpose. The purpose of the Retirement Community Overlay District shall be to advance the public health, safety and welfare by providing for the development of retirement communities that provide housing choices for persons aged 55 or over on sites which are otherwise zoned for other purposes but which, because of the size of the parcel being developed and its proximity to other residential neighborhoods and/or residential amenities and supportive services, will provide an appropriate environment for a retirement community.

[Amended 4-8-2019 by Ord. No. 18/19-1007452G]

Location. For the purposes of this section, a Retirement Community Overlay District shall be considered superimposed on the other districts existing at the time that any land in any said underlying district is also included in the Retirement Community Overlay District. The rezoning of any or all of the land included in the Retirement Community Overlay District from one underlying zoning classification to another shall not affect its inclusion in the Retirement Community Overlay District, unless said land is specifically removed from the said Retirement Community Overlay District.

Permitted uses. All permitted uses must comply with the appropriate provisions of Article V and Article VII, except as otherwise specified herein. In addition to those uses which are allowed, either as of right or by special permit, in the underlying district of any land which has been included in the Retirement Community Overlay District, the City Council may, by special permit in accordance with § 650-59, permit a retirement community-detached and townhomes or a retirement community-multifamily, as defined in § 650-5, consistent with the following provisions:

[Amended 3-10-2003 by Ord. No. 03-9944B; 4-25-2011 by Ord. No. 11-1002806-1A; 4-8-2019 by Ord. No. 18/19-1007452G]

(1)

Retirement community - detached and townhomes (RCO-D/T).

(a)

No building in an RCO-D/T community shall be more than 2 1/2 stories in height.

(b)

Each building in an RCO-D/T community shall face either upon an existing street or upon a public or private way constructed within said RCO-D/T community and shall have a minimum front yard of no less than 20 feet from the edge of the paved way to the closest point of the structure and a side yard of not less than 10 feet from the edge of the paved way to the closest point of the structure. Each building, whether principal or accessory, shall be at least 10 feet distant from any other building by airline distance between the nearest points of the buildings.

(c)

No dwelling in an RCO-D/T community shall contain less than 1,000 square feet of living area or more than 2,400 square feet of living area.

(d)

All dwelling units in an RCO-D/T community shall be detached from the others or attached only along side walls in the so-called "townhouse" style.

(e)

The lot or lots on which an RCO-D/T community is located shall contain, on a consolidated basis, at least 7,000 square feet per housing unit.

(f)

No part of any principal building in an RCO-D/T community shall be less than 25 feet from any exterior lot line or less than 50 feet from the side of any public way.

(g)

Each dwelling unit in an RCO-D/T community shall have its own attached yard area.

(h)

Required off-street parking for each dwelling unit in an RCO-D/T community shall be adjacent thereto. Each unit shall be required to provide at least one parking space inside a garage and an additional space in front of a garage, said garage to be attached to said unit. The City Council may, as a condition of its special permit, require additional off-street parking areas to be used in common by dwelling unit owners and their invitees. In addition, the City Council may, as a condition of the special permit, require the adoption of legally enforceable condominium bylaws or other similar regulations to limit or prohibit the presence in an RCO-D/T community, either entirely or except in designated locations, of boats, boat trailers, campers, or other recreational vehicles.

(i)

Maximum combined lot coverage in an RCO-D/T community shall not exceed 40% of the total lot size.

(j)

Each lot or contiguous lots upon which an RCO-D/T community is located shall have total frontage on an existing public way of at least 250 feet. Each lot or combination of lots shall have a total size of not less than 10 acres. The underlying zoning district for all said land shall be either Industrial or Limited Industrial.

(k)

The City Council may, as a permit condition, require that all proposed condominium bylaws or similar binding RCO-D/T community regulations which may be relevant to the issuance of the permit, including but not limited to bylaw provisions prohibiting the presence of children residing in an RCO-D/T community and limiting or prohibiting the presence in a RCO-D/T community of boats, boat trailers, or recreational vehicles, be made a part of the special permit and that any change to or failure to enforce said provisions shall be a violation of said special permit.

(l)

The City Council may, as a permit condition, require that a proposed RCO-D/T community be constructed entirely on one lot, and that, from and after the date of the issuance of the building permit for said community or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the City Council; provided, however, that the recording of a condominium master deed and the conveyance of condominium units within the area covered by said deed shall be allowed.

(m)

No unit in an RCO-D/T community shall have more than three bedrooms.

(n)

If an RCO/DT community is proposed which contains at least 30 acres of land, the following provisions shall supersede those found elsewhere in § 650-22:

[1]

The lot or lots on which an RCO/DT community is located shall contain at least 5,000 square feet per unit in the RCO/DT community;

[2]

Maximum lot coverage in the RCO/DT community shall not exceed 50% of the total lot size, excluding from the lot size any land which, prior to development of the site as a RCO/DT community, would be defined as a "resource area," as that term is defined in MGL c. 131, § 40.

[3]

Each lot or contiguous set of lots upon which a RCO/DT community is located shall have total frontage on an existing public way, or on a private way laid out by the City Council pursuant to MGL c. 82, § 21, of at least 250 feet; provided, however, that said frontage need not be continuous.

(2)

Retirement Community - Multifamily (RCO-MF).

(a)

The total area of the tract of contiguous parcels to be developed as an RCO-MF shall not be less than 10 acres. The underlying zoning district for all said land shall be either Industrial or Limited Industrial and be located within the area that lies within the perimeter of the following roadways: commencing at the Fitchburg Street intersection at the Route 85/290 Connector Road; then west along the Route 85/290 Connector Road to the intersection of Route 495; then south along Route 495 to where it passes over the intersection with Berlin Road; then southeasterly along Berlin Road to the intersection with West Hill Road; then easterly along West Hill Road to the intersection with Pleasant Street; then north along Pleasant Street to the intersection with Fitchburg Street; then north along Fitchburg Street to the intersection with the Route 85/290 Connector Road, all of said land being in reasonable proximity to the UMass Memorial Marlborough Hospital and the interstate highway intersection of Route 495 and Route 290.

(b)

An RCO-MF may contain one- and two-bedroom units and studio units for independent living persons, and may include services and amenities for its residents, including but not limited to, dining facilities, in-unit kitchens, common rooms, activity rooms, exercise rooms, theater, chapel, library, pharmacy/gift shop/convenience store, beauty salon, barbershop, personal banking services, offices and accessory uses or structures, concierge and valet services, third-party vendor services, and recreation facilities.

(c)

No building in an RCO-MF shall be more than three stories in height.

(d)

The total number of dwelling units in an RCO-MF shall be limited to 12 units per acre.

(e)

No part of any principal building in an RCO-MF shall be less than 50 feet from any exterior lot line or less than 100 feet from any public way.

(f)

Maximum combined lot coverage in an RCO-MF, including any permitted accessory structures, shall not exceed 40% of the tract or contiguous parcels.

(g)

The tract or contiguous parcels upon which an RCO-MF is located shall have a minimum total frontage on an existing public or private way of at least 200 feet.

(h)

The City Council may, as a permit condition, require that all proposed condominium bylaws or similar binding RCO-MF regulations which may be relevant to the issuance of the permit, including but not limited to bylaw provisions prohibiting the presence of children residing in a retirement community and limiting or prohibiting the presence in a retirement community of boats, boat trailers, or recreational vehicles, be made a part of the special permit and that any change to or failure to enforce said provisions shall be a violation of said special permit.

(i)

The City Council may, as a permit condition, require that a proposed RCO-MF be constructed entirely on one tract and that, from and after the date of the issuance of the building permit for said community no subdivision of said tract shall be allowed without the express approval of the City Council; provided, however, that the recording of a condominium master deed and the conveyance of condominium units within the area covered by said deed shall be allowed.

(j)

A minimum of 1.0 parking space per dwelling unit shall be provided in an RCO-MF. Attached and detached garages shall count toward this parking requirement.

(k)

No dwelling unit in an RCO-MF shall contain less than 500 square feet of living area or more than 1,300 square feet of living area.

(l)

No building in an RCO-MF need be located or placed further from the exterior line of any street or public way than the average distance from such street or way line of the dwellings or other principal buildings located on the lots adjacent thereto on either side. In determining such average, a vacant side lot having a frontage of 50 feet or more shall be considered as though occupied by a building having the required setback, and a lot separated from the lot in question only by a vacant lot having a frontage of less than 50 fee shall be deemed an adjacent lot. The point of measurement of the average distance shall be from the closest point of the principal building to the street or public way regardless of parcel ownership.

(m)

In an RCO-MF, there shall be provided with each multifamily building a landscaped area equal to the greatest single floor area of the building, provided that such landscaped area may include undisturbed natural areas, such as vegetated areas, woodlands, wetlands and floodplain areas.

§ 650-23 Floodplain and Wetland Protection District.

Purpose. The Floodplain and Wetland Protection District and the regulations herein have been established with the following purposes intended:

(1)

To protect the public health and safety, persons and property against flooding and the hazard of floodwater inundation.

(2)

To control and regulate the development of land and construction of buildings thereon and structures therein within the Floodplain and Wetland Protection District, particularly in relation to the use of swampland, marshes and areas along watercourses, ponds and lakes and land subject to seasonal and/or periodic flooding.

(3)

To protect the public from the burden of extraordinary financial expenditures for flood control and relief and to protect against unanticipated costs resulting from erosion, siltation, pollution or contamination of drainageways and surface water or groundwater resources of the City or neighboring communities.

(4)

To preserve the capacity of floodplain, watershed or wetland areas to absorb, transmit and store runoff and to assure the retention of sufficient floodway area to convey flows which can reasonably be expected to occur.

Location.

(1)

For the purpose of this section, the Floodplain and Wetland Protection Districts shall be considered superimposed on the other districts existing in the same area as shown on the Zoning District Map of the City of Marlborough, Massachusetts, and any buildings, structure or use of land included in the Floodplain and Wetland Protection District shall also be deemed to be within the particular district in which it is located as shown on said Zoning Map and subject to all the regulations and requirements thereof in addition to those set forth in this section.

(2)

The boundaries, elevations and setback requirements of the Floodplain and Wetland Protection District shall be as shown on a map entitled "City of Marlborough, Massachusetts Floodplain and Wetland Protection District 1982" and shall also include all special flood hazard areas designated as Zones A, A1-A30 on the City of Marlborough Flood Insurance Rate Maps dated January 6, 1982, and these maps, as well as the accompanying Marlborough Flood Insurance Study, are hereby, by this reference, made a part of the Zoning Chapter.[1]

[1]

Editor's Note: Said maps and accompanying studies are on file in the office of the City Clerk.

Prohibited uses. The following uses are prohibited within the Floodplain and Wetland Protection District:

(1)

The storage of buoyant, flammable, explosive or toxic material in a floodplain or wetland.

(2)

The dumping of waste, rubbish, demolition or hazardous materials in a floodplain or wetland area.

(3)

The addition, removal or transfer of such quantities of material, including earth, soil, trees, stumps or vegetation, that would reduce the water storage capacity of the floodplain or wetland, obstruct the flow of water in a floodway or otherwise adversely affect the natural hydrology of the area, except as may be a part of a plan for public flood control, municipal drainage or utility system or organized mosquito control district.

(4)

The digging or drilling of a well intended as a source of domestic water, except for public water supply wells adequately sealed against the infiltration of surface water.

(5)

The construction of an on-site sewage disposal system in the floodplain or designated wetland area.

(6)

Any encroachment in the regulatory floodway, as shown on the Floodway-Flood Boundary Map, that would increase the water surface elevation of the one-hundred-year flood.

Special permit required.

(1)

In a Floodplain and Wetland Protection District, no building or structure shall be constructed, altered or modified in its present use, and no land shall be filled, excavated or otherwise changed in grade, except pursuant to a special permit authorized by the Board of Appeals as hereinafter provided. Any application for such permit shall be submitted in quintuplicate (five copies) to the Board of Appeals and shall be accompanied by a plan of the premises in question showing:

(a)

The boundaries and dimensions of the area.

(b)

The location, dimensions and elevation above mean sea level of existing and proposed buildings and structures thereon.

(c)

The existing contours in two-foot intervals of the land and of any proposed changes therefrom.

(d)

Such other information as is deemed necessary to the Board of Appeals to indicate the complete physical characteristics of the area and the proposed construction and/or grading thereof.

(2)

The portion of any lot in this district may be used to meet lot area requirements for the residential districts over which the Floodplain and Wetland Protection District is superimposed, provided that such portion does not constitute more than 50% of the minimum lot area required in the residential district. Land in the Floodplain and Wetland Protection District may not be used to meet more than 15% of the minimum lot area requirements in Business, Commercial or Industrial Districts.

Reference to other boards. Within 10 days after receipt of the application for a special permit as herein provided, the Board of Appeals shall transmit copies thereof, together with copies of the accompanying plan, to the Board of Health, Planning Board, Engineering Department and the Conservation Commission. Such Boards and Commission may, at their discretion, investigate the application and report in writing their recommendations to the Board of Appeals. The Board of Appeals shall not take final action on such application until it has received a report thereon from the above Boards and Commission, or until such Boards and Commission have allowed 45 days to elapse after receipt of said application without submission of a report.

Other jurisdictions.

(1)

If approval for filling the land must be obtained from the commonwealth or the United States government or any agency or subdivision thereof, or an order of conditions is necessary from the Marlborough Conservation Commission in accordance with MGL c. 131, § 40, then such approval and any conditions imposed thereon shall be filed with the Board of Appeals with the application.

(2)

If in the opinion of the Board of Appeals such application for approval by other jurisdictions is in sufficient detail and provides the necessary information to furnish the criteria for its decision, then the same application and plan may be used for filing with the Board of Appeals for approval under the Floodplain and Wetland Protection District regulations.

Criteria of approval. The Board of Appeals may issue a special permit hereunder, subject to other provisions of this Zoning Chapter, if it finds that the proposed construction and use and/or proposed change in grade will not derogate from the intent and purpose of this district nor endanger the health and safety of the public nor the legitimate use of other land in the City. In deciding on an application for a special permit under this section, but without limiting the generality of the foregoing, the Board shall assure to a degree consistent with a reasonable use of the premises for purposes permitted in the use district in which located that the proposed construction, use and/or change of grade will not obstruct or divert flood flow, reduce natural storage or increase stormwater runoff to the extent of raising high water levels on any other land to any significant degree; the proposed system of drainage and/or private sewage disposal will not cause siltation, pollution or otherwise endanger public health; the proposed construction shall have street or other appropriate access that shall be at least one foot above base flood elevation; and structures designed for human occupancy shall have lowest floor, including basement, heating, electrical and sanitary sewer systems, at least two feet above base flood elevation. Fill deposited to bring the lowest floor to the required elevation shall extend to at least 15 feet beyond the limits of the structure thereon.

Conditions of permit. In granting a special permit hereunder, the Board of Appeals shall impose conditions specifically designed to safeguard the health and safety of occupants of the premises and of other land in and adjacent to the district and to ensure conformity with the provisions thereof. It shall also be the duty of the Board of Appeals to ascertain that the requirements of the FEMA Flood Insurance Program have been met, in that:

(1)

Within Zones A1-A30 of the Flood Insurance Rate Maps of the City of Marlborough, all new construction and substantial improvements the cost of which equals or exceeds 50% of the market value of the structure of residential and nonresidential structures shall have the lowest floor, including basement, elevated to two feet above the base flood elevation (the one-hundred-year flood elevation designated on the FIRM) or, in the case of nonresidential structures, be floodproofed, watertight to the base flood level.

(2)

Within Zone A, where the base flood elevation is not provided on the FIRM the Building Commissioner shall obtain and review any already existing base flood elevation data. If the data is reasonable, it shall be used to require compliance with Subsection H(1) above.

[Amended 10-6-2014 by Ord. No. 14-1005921A]

(3)

Where watertight floodproofing of a structure is permitted, a registered professional engineer or architect shall certify that the methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood.

Determination of levels.

(1)

For the purpose of this section, the term "base flood elevation" refers to the flood having a one-percent chance of being equaled or exceeded in any given year, commonly referred to as the "one-hundred-year flood." Where, in the opinion of the Board of Appeals, engineering studies are needed to determine the high water level on a particular premises and/or the effect of a proposed building, structure or grading on flood flow, natural safety of any building or structure, such engineering study shall be at the expense of the petitioner.

(2)

If any land in the Floodplain and Wetland Protection District is proven to the satisfaction of the Zoning Board of Appeals, after the question has been referred to and a recommendation received from the City Engineer, Planning Board, Board of Health and Conservation Commission, as being in fact above the base flood elevation, and that the use of such land will not be detrimental to the public health, safety and/or welfare, the Board of Appeals may, after a public hearing, with due notice, issue a special permit for any use allowed in the underlying district; in which case all other Zoning Chapter and state regulations applicable to such land use shall apply.

(3)

The establishment of a Floodplain and Wetland Protection District hereunder shall not constitute a representation that all land outside of said district will be free from flooding.

List of Floodplain and Wetland District areas. The areas placed in said district are shown on the map and include in part the areas designated by FEMA for the flood insurance program and the major wetlands in the City designated by the Massachusetts Department of Environmental Management as being subject to an order of restriction under MGL c. 131, § 40A. Elevations given are based on the United States Coast and Geodetic Survey datum.

Mobile home development regulations.

(1)

Within Zone A1-A30, all mobile homes shall provide that:

(a)

Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level.

(b)

Adequate surface drainage and access for a hauler are provided.

(c)

In the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for piers more than six feet above ground level.

(2)

The placement of mobile homes, except in an existing mobile home park or mobile home subdivision, is prohibited in the floodway.

§ 650-24 Water Supply Protection District.

Purpose. The Water Supply Protection District and this section have been established with the following purposes intended:

(1)

To protect the health, safety, and general welfare of the community.

(2)

To protect, preserve, and maintain the quality and quantity of existing and potential drinking water supplies in the community.

(3)

To regulate the development and uses of land within the Water Supply Protection District which, if not regulated, may contaminate or diminish the quality and quantity of water.

(4)

To protect the public from the burden of extraordinary financial expenditures due to the closure of contaminated water supplies and the need to purchase alternative supplies.

Scope of authority. The Water Supply Protection District is an overlay district superimposed on the zoning district. This overlay district shall apply to all new construction, reconstruction, and expansion of existing buildings and new or expanded uses. Applicable activities or uses which fall within the Water Supply Protection District must comply with the requirements of this district as well as with the underlying zoning. Uses that are prohibited in the underlying zoning district shall not be permitted in the Water Supply Protection District.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADVERSE IMPACT

Any activity during or after construction which will have a negative impact to water quality or quantity. This includes but is not limited to surface water contamination, groundwater contamination, water temperature changes, and changes in hydrology that would negatively affect the water quality and quantity.

BANK

A bank is the portion of the land surface which normally abuts and confines a water body. It occurs between a water body and a bordering vegetated wetland and adjacent floodplain, or in the absence of these, it occurs between a body of water and an upland. The upper boundary of a bank is the first observable break in slope or the mean annual flood level, whichever is lower.

IMPERVIOUS SURFACE

Surface areas with material or structure on, above or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

LOT

A single tract of land in identical ownership throughout, with definite boundaries as ascertainable through a recorded plan or deed.

LOT COVERAGE

The area of a lot covered by all structures, areas used by vehicular traffic and parking, including driveways, loading bays and maneuvering aisles, whether paved, unpaved or graveled, and of all impermeable areas such as paved walkways or outdoor storage areas, but not including gravel walkways or pedestrian areas not adjacent to parking lots or buildings. Areas not included in "lot coverage" shall be landscaped and natural areas.

RECHARGE AREA

Any point of groundwater and/or surface water which leads to the public water supply.

REDEVELOPED LOT; REDEVELOPMENT

When the building or site undergoes a change of use or is enlarged by more than 10% of the floor or ground areas of use or when any new principal building is built on the site or when any new building, addition, alteration or change of use requires a parking increase of five or more spaces.

SMALL LOT

A lot of land, as defined herein, existing at the time of the publication of this chapter, and which does not exceed three acres in total area.

TOXIC OR HAZARDOUS MATERIALS

Any substance or mixture of such physical, chemical or infectious characteristics in sufficient quantity as to pose, in the opinion of the Board of Health, a significant actual or potential hazard to water supplies if such substance or mixture were discharged to the land or waters of this City. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious waste, acids or alkalies and include products such as pesticides, herbicides, solvents and thinners.

TRIBUTARY

A body of running water, including a river, stream, brook and creek, and intermittent stream which moves in a definite channel in the ground due to a hydraulic gradient and which flows ultimately into a reservoir in the watershed, as determined by reference to the most recent edition of the United States Geologic Survey maps or any other map determined to be more accurate. A tributary shall include the land over which the water therein runs and the banks thereto.

VEGETATED BUFFER ZONE

An area between the wetland and the upland which is to be kept vegetated to allow for the protection of the adjacent bordering vegetated wetland, bank and land under water, as defined by MGL c. 131, § 40. The buffer zone shall be measured from the edge of the wetland area into the upland area. The buffer zone shall not be measured from the floodplain or isolated land subject to flooding.

Establishment of district.

(1)

For the purpose of this section, the Water Supply Protection District shall be considered superimposed on the other districts existing in the same area as shown on the Zoning District Map of the City of Marlborough, Massachusetts. Any buildings, structure or use of land included in the Water Supply Protection Districts shall also be deemed to be within the particular district in which it is located as shown on said Zoning Map and subject to all the regulations and requirements thereof in addition to those set forth in this section.

(2)

The boundaries of the Water Supply Protection District shall be as particularly described in Subsection D(3) below and as generally shown on a map entitled "City of Marlborough, Massachusetts, Water Supply Protection District 1996.. This map is hereby made a part of the Zoning Ordinance and is on file in the office of the City Clerk.

(3)

The Water Supply Protection District shall consist of the following two zones:

(a)

Zone A. Any area within 400 feet of the top of the stream bank or mean annual high water mark, whichever elevation is lower, of the following surface waters:

	Millham Reservoir
	Lake Williams
	North branch of Millham Brook from Spring Street to Millham Reservoir
	Millham Brook from Lake Williams to Millham Reservoir (including all culverted sections of Millham Brook)
	Unnamed brook flowing from Evelina Drive to Millham Reservoir and parallel to Millham Street
	Unnamed brook flowing from Simmons Street to Millham Brook and parallel to Elm Street
	Unnamed brook flowing from Masciarelli Drive to Millham Brook at Glen Street
	Unnamed brook flowing from the outlet pipe to the pond/detention facility located on Assessor's Map 78, parcel 1 to its intersection with Millham Brook approximately 550 feet east of Elm Street

(b)

Zone B. All areas within 1/2 mile upgradient of the Zone A boundary or to the boundary of the Watershed Protection District, whichever is smaller.

(4)

When the district boundary or zone boundary is questionable in relation to a particular parcel, the owner or project proponent shall meet with the City Engineer to ascertain the location of the respective boundary. The City Engineer may require the owner or project proponent to provide information sufficient to substantiate the boundary in question. Upon the request and at the expense of the owner or project proponent, the City Engineer may engage the services of a registered professional civil or sanitary engineer or hydrologist to determine the questionable boundary. The location as determined by the City Engineer shall be considered final for the purposes of determining the applicability of this chapter.

Prohibitions.

(1)

The following uses are prohibited within all zones of the Water Supply Protection District:

(a)

Disposal of solid wastes, other than brush and stumps, including without limitation landfills, junk and salvage yards, and disposal sites that require a site assignment from the Board of Health under MGL c. 111, § 150A.

(b)

New underground storage tanks for heating oil.

(c)

Hazardous waste disposal or hazardous waste treatment facilities. This does not include pretreatment facilities required for disposal into the City's municipal sewerage system.

(d)

Privately owned and operated sewage treatment plants; discharge of processed wastewater on site.

(e)

Dumping of snow containing deicing chemicals originating from outside the district.

(f)

Discharge of surface water runoff into closed drainage systems (except of public roadways) unless adequately treated according to Subsection F(7) below.

(g)

Any floor drain system which discharges to the ground. Any existing facility with such a drain system shall be required to either seal the floor drain (in accordance with the State Plumbing Code, 248 CMR 2.0) or legally connect the drain to a municipal sewerage system.

(h)

Land-filling of sewage sludge or land application of septage.

(i)

Outside storage of pesticides, fertilizers and soil conditions other than in amounts normally associated with household or farm use.

(j)

For the portion of any lot that lies within the Water Supply Protection District in a nonresidential zone, impervious surfaces shall not exceed lot coverages as noted in Subsection F(2) below.

(2)

The following uses are prohibited within Zone A of the Water Supply Protection District but may be permitted by special permit in Zone B:

(a)

Storage of road salt or other deicing chemicals, other than in amounts normally associated with household and office use.

(b)

Sand and gravel excavation or other mining operations.

(c)

Manufacture, use, storage or disposal of hazardous or toxic materials in quantities greater than those normally associated with domestic household and office use, including pesticides, fertilizers and soil conditioners.

(d)

Motor vehicle service stations; automotive repair garages; car washes; truck or bus terminals; heliports; airports; electronic manufacturing; print shops; metal plating, finishing or polishing; chemical and biological laboratories; painting, wood preserving and furniture stripping establishments; golf courses; and dry cleaning establishments using toxic or hazardous materials on site.

(e)

Outdoor storage of hazardous materials.

(3)

The following uses are prohibited within Zone A of the Water Supply Protection District but permitted in Zone B with site plan approval:

(a)

Subsurface sewage disposal systems.

(4)

No provisions of this subsection shall be construed to limit routine maintenance of public utilities or roads, conservation activities or recreation.

(5)

No provisions of Subsection E(1) or (2) shall be construed to prohibit the maintenance or improvement of existing subsurface sewage disposal systems in accordance with state and local regulations.

Criteria for site design. In addition to the criteria specified in Chapter 270, Building and Site Development, the Site Plan Review Committee shall consider the following criteria for projects proposed within the Water Supply Protection District. The following criteria will also be considered, to the extent practicable, for redevelopment projects proposed within the WSPD.

(1)

Adverse impact on water supply. The project will not have an adverse impact on the water supply. The project shall conform to the DEP Stormwater Management Policy as the applicable design criteria to limit adverse impact to the water supply. An environmental impact analysis of preconstruction and post-construction pollutant loading estimates into the water supply may be required.

(2)

Impervious area. For the portion of any lot that lies within the Water Supply Protection District, the lot coverage as defined herein shall not exceed the following:

(a)

Maximum total lot coverage.

[1]

Business Zone: 70%.

[2]

Limited Industrial Zone: 53%.

[3]

Industrial Zone: 53%.

[4]

Residential Zone: 30%.

(b)

When an existing developed lot with impervious area exceeding the requirements of Subsection F(2)(a) above is proposed for redevelopment, the impervious area shall be reduced by a minimum of 10% or conform to the requirements of Subsection F(2)(a), whichever reduces the impervious surface area less.

(3)

Hazardous materials. A complete list of chemicals, pesticides, fertilizers, fuels and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use shall be provided with the special permit submission. Protection against toxic or hazardous material discharge or loss through corrosion, accidental damage, spillage or vandalism shall be provided. Such protection shall include provisions for spill control in the vicinity of chemical or fuel delivery points and shall include secure storage provisions for corrodible or dissolvable materials. Secondary containment structures must be provided which are large enough to contain the volume of the containers total storage capacity per local Fire Department requirements.

(4)

Fill. Fill material used in the Water Supply Protection District shall contain no solid waste, toxic or hazardous materials, or hazardous waste. Adequate documentation shall be provided to ensure suitable condition of the fill. The Building Commissioner may require soil testing by a certified laboratory prior to the issuance of a building permit.

[Amended 10-6-2014 by Ord. No. 14-1005921A]

(5)

Emergency response. For industrial and commercial uses, where hazardous materials are used a spill prevention, control and countermeasure plan to prevent contamination of soil or water in the event of accidental spills or the release of toxic or hazardous materials shall be submitted to the special-permit-issuing authority, if deemed necessary, for approval prior to granting of a special permit. Compliance with recommendations of the Fire Department on said plan shall be required.

(6)

Monitoring. Periodic monitoring may be required by the Site Plan Review Committee and/or the Planning Board when the site location and land use activities indicate a significant risk of contamination to the water supply based upon recommendations of the City Engineer, Board of Health, Conservation Commission and/or the Water Division. Such monitoring may include analyses of water for appropriate substances and the installation of groundwater-monitoring wells appropriately constructed and located.

(7)

Runoff. Degradation of surface water runoff shall be minimized. Pollutant loading estimates may be required. Applicants shall evaluate the feasibility of utilizing measures to infiltrate stormwater and to route runoff over vegetated surfaces prior to discharge into surface water, including but not limited to wet retention basins, infiltration basins and trenches, dry wells, filter strips, vegetated swales, filter berms and extended detention basins with constructed wetlands. Erosion from the site shall be minimized. Stormwater management systems shall use the best management practices to attenuate pollutants from all stormwater, including the first one inch of runoff times the total impervious surface (first flush) of the post-development project. Department of Environmental Protection guidelines on stormwater management policy and any regulations or policies which may be adopted by the State Department of Environmental Protection shall be followed. Best management practices shall be used and shall be designed to remove at least 80% or more of the total suspended solids and pollutant loads. The stormwater management system must also be designed to detain the two-, ten-, and one-hundred-year storm events to preconstruction runoff rates. For all nonresidential uses, all catch basins shall be preceded by oil, grease and sediment traps to facilitate removal of contamination and shall be maintained in full working order by the owner.

(8)

Infiltration. In instances where infiltration is proposed to treat stormwater pursuant to Subsection F(7) above, soil overburden shall not be lowered to finish exterior grades less than two feet above maximum groundwater elevation unless technical evidence can be provided showing to the Planning Board's and/or Site Plan Review Committee's satisfaction that groundwater quantity or quality will not be detrimentally affected. Technical evidence may include, without limitation, a determination of soil and geologic conditions where low permeability will mitigate leachate penetration and evapotranspiration.

(9)

Fifty-foot wetland buffer zone. No disturbance of the ground surface or development within 50 feet of a wetland resource area defined under MGL c. 131, § 40, (except the floodplain and isolated land subject to flooding) shall be permitted. Development shall mean any clearing, grading, earthmoving or construction of any kind.

(a)

Notwithstanding the foregoing, in existing developed areas which are being redeveloped, and where a pervious buffer zone does not already exist, a fifty-foot vegetated buffer zone shall be created to provide buffering around the wetland resource area. Where this is not reasonably attainable, the maximum buffer zone possible will be provided, but in no case shall it be less than 20 feet.

(b)

Notwithstanding the foregoing, wetland filling shall only be allowed after an alternatives analysis is provided and no other access or configuration is reasonably possible. Any wetland filling shall create the least environmental impact. In such events, the wetlands replication shall be 1 1/2 times the amount of wetlands to be filled. The new replication area shall also have a minimum of a fifty-foot buffer zone established around it.

Special permit.

(1)

Preapplication review. Prior to filing an application for a special permit, the applicant shall meet with the Conservation Officer and City Engineer in order to review and to the extent possible identify all major areas of concern as they relate to the project and this chapter.

(2)

Special permit procedure. The special permit procedure as outlined in § 650-59C (rules and regulations of application/petition for special permit by the City Council under the Marlborough Zoning Ordinance) shall be followed. In addition to the submission requirements under the special permit procedure, any additional information required as noted above should be included with the application. Except as may otherwise be specified herein, compliance with all other portions of the City Zoning Ordinance is required.

Small lots. The provisions of Subsection F(2)(a) and (b) shall not apply to a small lot or a group of small lots which, when combined into one lot, does not exceed three acres in size.

Existing orders of conditions. The provisions of Subsection F(9) in its entirety shall not apply to any lot which, at the time of the publication of this chapter, is subject to an order of conditions issued by the City of Marlborough Conservation Commission.

§ 650-25 Wireless communications facilities.

Purposes.

(1)

To promote the health, safety and general welfare of the community.

(2)

To guide sound development.

(3)

To conserve the value of land and buildings.

(4)

To encourage the most appropriate use of the land.

(5)

To minimize the adverse aesthetic impact of wireless communications facilities.

(6)

To minimize the number of wireless communications facility (WCF) sites.

(7)

To encourage co-location by wireless communications companies on wireless communications facilities.

(8)

To ensure that WCFs are cited, designed and screened in a manner that is sensitive to the surrounding neighborhood.

(9)

To avoid damage to adjacent properties.

Definitions. As used in this section, the following terms shall have the meanings indicated:

COMMUNICATIONS DEVICE

Any antenna, dish or panel mounted out of doors on an already existing building or structure used by a commercial telecommunications carrier to provide telecommunications services. Interior-mounted antennas, dishes or panels are not subject to the provisions of this section, except for the provisions of Subsection F(10) of this section. The term "communications device" does not include a tower.

TOWER

Any equipment-mounting structure that is used primarily to support reception or transmission equipment and that measures 12 feet or more in its longest vertical dimension. The term "tower" includes, but is not limited to, monopole and lattice towers.

WIRELESS COMMUNICATIONS FACILITIES

Any and all materials, equipment, storage structures, towers, dishes and antennas, other than customer premises equipment, used by a commercial telecommunications carrier to provide telecommunications services. This definition does not include facilities used by a federally licensed amateur radio operator or facilities which are accessory to the use of a business or building and are for the exclusive use of the owner of the building or the tenant.

Application and jurisdiction.

(1)

A WCF which include a tower shall be erected and installed in all portions of the City only in compliance with the provisions of this section and upon the grant of a special permit by the City Council.

(2)

Communications devices shall be erected and installed only on an existing building or structure in all portions of the City, all in compliance with the provisions of this section and upon the grant of a special permit by the City Council.

(3)

Notwithstanding anything to the contrary contained in the Zoning Ordinance, the City Council shall be authorized to grant a special permit for the erection or installation of a WCF which includes a tower in all portions of the City.

(4)

Notwithstanding anything to the contrary contained in the Zoning Ordinance, the City Council shall be authorized to grant a special permit for a WCF which consists of a communications device on an already existing building or structure in all portions of the City.

(5)

No WCF shall be erected or installed out of doors except in compliance with the provisions of this section. The provisions of this section apply to all WCFs whether as a principal use or an accessory use and to any and all extensions or additions to or replacement of an existing WCF.

Review standards. In addition to the special permit review criteria under § 650-59 of this chapter and Section 9 of Chapter 40A of the General Laws, the City Council shall also review the special permit application in conformance with the following objectives:

(1)

When considering an application for a WCF which includes a tower, the City Council shall take into consideration the proximity of the facility to residential dwellings.

(2)

New WCFs which include a Tower shall be considered only after a finding that existing or previously approved towers cannot accommodate the proposed users.

(3)

When considering an application for a communications device proposed to be placed on an already existing building or structure, the City Council shall take into consideration the visual impact of the unit from the abutting neighborhood and streets and the proximity of the unit to residential dwellings.

(4)

The City Council shall act on a request for the placement of a WCF within a reasonable period of time, and any denial shall be in writing and supported by substantial evidence contained in the record.

Development requirements.

(1)

Any proposed tower must be of the minimum height necessary to accommodate the use and in any event shall not be more than 190 feet in height, notwithstanding any other provisions to the contrary of this chapter.

(2)

The applicant shall arrange to fly a balloon of at least three feet in diameter at the maximum height of the proposed tower at least once before the first public hearing. The date, time and location of the flight shall be advertised by the applicant at least 14 days, but not more than 21 days, before the flight in a newspaper of general circulation in the City.

(3)

Visual impacts of towers and communications devices must be minimized by use of appropriate paint and/or screening.

(4)

Applicants must, as part of their application for a special permit for a tower, submit evidence from the Federal Aviation Administration (FAA) demonstrating that said FAA has studied and approved the proposed tower and its location. If lighting is required by the FAA, the provisions of Subsection E(12) of this section shall prevail.

(5)

The siting of towers shall be such that the view of the tower from other areas of the City shall be as minimal as possible and shall be screened from abutters and residential neighbors to the extent feasible.

(6)

Shared use of towers by commercial telecommunications carriers is required unless such shared use is shown by substantial evidence to be not feasible.

(7)

All towers shall be designed to accommodate the maximum number of presently interested users which is technologically practical. If the number of interested users is less than five, the applicant shall submit substantial evidence to support such an assertion. All towers shall be designed so that, if additional users require said location, the existing tower can be expanded or replaced with the minimum of technical difficulty and disturbance to neighbors and shall be subject to the obligation of the applicant to cause or allow such expansion or replacement on terms that are commercially reasonable to the additional users at any time following the granting of the initial special permit.

(8)

Every tower must be set back from the property line of the lot on which it is located or from a point beyond said lot line but extending only over land for which written permission has been received for a distance at least equal to the height of the tower. For any land held by any person or entity other than the United States, the Commonwealth of Massachusetts, or an agency or political subdivision thereof, said written permission shall be evidenced by an easement covering the area in question and recorded in the South Middlesex Registry of Deeds or South Middlesex Land Registration Office.

(9)

No portion of communications devices located on a building shall exceed 15 in height above the roofline of the building.

(10)

Communications devices shall be situated on or attached to a building or structure in such a manner that they are screened whenever possible, shall be painted or otherwise colored to minimize their visibility, and shall be integrated into such structures or buildings in a manner that blends with the structure or building. Freestanding antennas or dishes shall be landscaped, screened and painted in a manner so as to minimize visibility from abutting streets and residents.

(11)

Fencing shall be provided to control access to all WCFs which include towers.

(12)

All towers must comply with all Federal Aviation Administration rules and regulations. Notwithstanding the requirement to comply with rules and regulations, any tower that would be required to install flashing lights or strobe lighting shall not be permitted.

(13)

All towers shall be at least 150 feet from existing residential buildings.

(14)

Accessory buildings and or storage sheds shall not exceed two stories in height; no more than 300 square feet in floor area shall be available for each user; any buildings or storage sheds added to a site must be attached to and abut the original building or storage shed and must be compatible in appearance.

(15)

The maximum amount of vegetation shall be preserved.

Conditions. The following conditions shall apply to all grants of special permits pursuant to this section:

(1)

For all WCFs, annual certification of compliance with Federal Communications Commission, Federal Aviation Administration and federal, state and local laws, rules and regulations must be provided to the City Council.

(2)

All towers must comply with all applicable Federal Communications Commission rules and regulations. Annual certification of compliance must be provided to the City Council.

(3)

For all towers located on municipal property, a certificate of insurance for liability coverage in amounts determined by the City Solicitor must be provided naming the City as an additional insured.

(4)

For all towers located on municipal property, an agreement must be executed whereby the user indemnifies and holds the City harmless against all claims for injury or damage resulting from or arising out of the use or occupancy of the City-owned property by the user.

(5)

For all towers, the execution of an agreement must be executed with the property owner whereby the user shall, at his own expense and within 30 days upon termination of the lease or 30 days of nonuse of the tower, restore the premises to the condition it was in at the onset of the lease and shall remove any and all WCFs thereon.

(6)

For all towers, a bond must be issued to the City from a surety authorized to do business in Massachusetts and satisfactory to the City in an amount equal to the cost of removal of any and all WCFs from the premises and for the repair of such premises and restoration to the condition that the premises were in at the onset of the lease, said amount to be determined by the City. The amount of the bond shall be the total of the estimate by the City plus an annual increase of 3% for the term of the lease. The term of the bond shall be for the full term of any lease plus 12 months. The City must be notified of any cancellation or change in the terms or conditions in the bond. The amount of the bond is to be payable to the City in the event that the user breaches the agreement in Subsection F(4) herein.

(7)

For all towers located on nonmunicipal property, a clause must be inserted in any lease that unconditionally permits the City or contractors hired by the City to enter the premises at any time on which towers are located if any City-owned or -controlled telecommunications devices are located thereon.

(8)

For all towers located on nonmunicipal property, a clause must be inserted in any lease that unconditionally permits the City or contractors hired by the City to enter the premises on which towers are located in the event the user breaches the agreement in Subsection F(4) herein.

(9)

For all towers, an agreement must be executed whereby the user will allow the installation of municipal communications devices at no cost to the City of Marlborough and which will allow other carriers to lease space on the tower so long as such use does not interfere with the user's use of the tower or with any City-controlled telecommunications equipment. There will be a presumption that a tower can accommodate more than one user, and if the applicant alleges that another carrier or carriers would interfere with its use of the tower, it must support the allegation by substantial evidence.

(10)

All permittees shall be required to file annually on or before February 1 with the City Clerk a complete list of all WCF locations in the City then used by the permittee, including communications devices mounted on the interior of a building or structure.

§ 650-26 Affordable housing.

All special permits granted to applicants to construct multifamily dwellings thereby increasing the number or density of residential dwellings to a number or level greater than that allowable as a matter of right under the zoning classification for the subject parcel shall require the following.

(1)

Developments of 20 or more units.

(a)

Number of affordable units. The development shall i) provide that at least 15% of the dwelling units to be constructed for homeownership or rental purposes will be made available at affordable prices to home buyers or renters, or ii) if authorized by a majority of the City Council, provide a sum not less than $50,000 per affordable dwelling unit that would have been required in Item i) above to be deposited as directed by the City Council into the fund for economic development created by Chapter 126 of the Acts of 2011 or into another fund designated by the City Council.

[Amended 6-15-2015 by Ord. No. 15-1006130C]

(b)

Local preference. The development plan shall provide that all legally permissible efforts shall be made to provide 70% of the affordable dwelling units to eligible residents of the City of Marlborough.

(c)

Distribution of affordable units. Dwelling units to be sold or rented at affordable prices shall be integrated into the overall development to prevent physical segregation of such units.

(d)

Appearance. The exterior of the affordable units shall be designed to be compatible with and as nearly indistinguishable from the market rate units as possible.

(e)

Minimum and maximum floor areas. Affordable housing units shall have a gross floor area not less than the minimum required by the State Department of Housing and Community Development under the regulations created under the authority of MGL Chapter 40B.

(f)

Period of affordability. Limitations and safeguards shall be imposed to ensure the continued availability of the designated affordable units for a minimum of 99 years or in perpetuity. Such limitations and safeguards may be in the form of deed restrictions, resale monitoring, requirements for income verification of purchasers and/or tenants, rent level controls and the like.

(g)

Limitation on change in affordability. In no event shall any change in affordability occur if the minimum percentage of affordable units required in the entire City under MGL Chapter 40B has either not been met at that time or such change in affordability would cause the City to fall below that percentage.

(h)

Staging of affordable and market-rate units. No more than 50% of the building permits for the market-rate units shall be issued until construction has commenced on 30% of the affordable units. No more than 50% of the occupancy permits for the market-rate units shall be issued until 30% of the occupancy permits for the affordable units have been issued. The City Council may modify this provision for developments under 50 units.

(i)

Alternate site. The City Council may allow the developer to build some or all of the affordable housing required by Subsection A(1)(a) on an alternate site within the City, provided that the City Council determines that this is in the best interest of the City and orders that this specific condition be attached to the special permit. The location of the alternate site shall either be specified at the time of approval for the special permit or selected within six months of said application and shall then be subject to approval by the Housing Partnership Committee or its successor, by the City Council if otherwise required by this Zoning Ordinance and by any other proper authority as may be required by law. The development of the alternate site shall comply with Subsection A(1)(b), (e), (f), (g), (h) and (j) of this section, and the staging of development on the alternate site shall be governed by Subsection A(1)(h) applied to all units on both the main and alternate sites.

(j)

Guaranty of performance. The City Council shall require security in a form satisfactory to the City Council and City Solicitor to guarantee performance, including preservation of affordability, under this subsection, and no building permit shall be issued until and unless said security has been provided.

(2)

Developments of 19 or fewer units. All provisions of Subsection A(1) above applicable to 20 or more units may also be applied to developments of 19 or fewer units as the City Council finds practical.

(3)

The provisions of this section shall not apply to a special permit for an existing retirement community or the expansion of an existing retirement community as governed by §§ 650-21 and 650-22. This subsection will be effective pursuant to the applicable provisions of Chapter 40A of the General Laws.

[Amended 10-4-2004 by Ord. No. 04-100555C]

(4)

The provisions of this section shall not apply to projects which are granted special permits within the Marlborough Village District.

[Added 12-1-2014 by Ord. No. 14-1005947C]

§ 650-27 Comprehensive developments.

Purpose and objectives. The City Council may grant special permits exempting comprehensive developments from certain regulations and restrictions contained in this chapter, provided that said comprehensive developments satisfy the terms and conditions which may properly be imposed pursuant to this section. A "comprehensive development" shall be as defined in this chapter in § 650-5, Definitions.

(1)

Purpose. The purpose of this section is to increase the number of affordable dwelling units in the City to a number which meets the requirements of Chapter 40B of the General Laws.

(2)

Objectives. The special permit procedure established hereby is intended to accomplish this purpose while meeting the following objectives:

(a)

To provide a special permit procedure administered by the City Council, as the preferred local alternative to comprehensive permits authorized by MGL Chapter 40B.

(b)

To provide local zoning standards by which to evaluate said special permits and to encourage a more efficient review process by clearly specifying local requirements in advance of applications for applicable permits.

(c)

To provide for a variety of housing, particularly affordable housing, by special incentives allowing less restrictive development standards, including a moderately higher density than would otherwise be allowed.

(d)

To equitably distribute affordable housing developments throughout the City's neighborhoods, in small- to medium-sized projects dispersed widely so as to avoid large concentrations in any area.

(e)

To encourage the construction and location of affordable housing on certain sites without undesirable impacts on abutting uses or the neighborhood in terms of conflicting uses, visual impact, traffic impact or the like.

(f)

To provide affordable housing which conserves environmental features, woodlands, wetlands and areas of scenic beauty and preserves sites and structures of historical importance.

(g)

To provide affordable housing on sites which will not displace uses allowed as right which uses would contribute more positively to the City and have been planned for in terms of municipal services and infrastructure.

(h)

To provide affordable housing without imposing an unnecessary increased financial burden on the citizens of the City because of demands for additional municipal services or public improvements.

(i)

To provide affordable housing without threatening the ability of the City to provide bona fide infrastructure and public services to existing and future development on other sites.

Special permit required. Applicability. In comprehensive developments, as specifically permitted by special permit in certain zoning districts in § 650-17,[1] no building or premises shall be used nor shall any building or structure be constructed or reconstructed except as follows: Provided that a special permit is issued by the City Council in accordance with the provisions of this section, single-family, two-family and multifamily dwellings, and structures appurtenant thereto, including but not limited to clubhouses (with facilities for serving food and beverages), athletic facilities, parking areas, rest areas, playgrounds, tennis courts, swimming pools and accessory storage facilities, shall be the only permitted uses therein.

[1]

Editor's Note: See the Table of Uses included at the end of this chapter.

Standards.

(1)

General requirements. As an incentive to encourage the construction of affordable housing, the requirements of this section shall totally govern the dimensional and locational requirements for comprehensive developments unless otherwise provided in this section. Other provisions of Article VII of this Zoning Ordinance shall not apply to affordable housing developments. All the provisions of Article VIII for special permits shall apply to comprehensive developments.

(2)

Review standards. It is not the intent of this section that developments meeting the standards provided hereinafter shall receive automatic approval nor that the standards be applied inflexibly in every instance. Each project shall undergo review and be judged on its merits. The standards are basic requirements and shall not preclude the City Council from specifying other requirements when necessary for particular sites to protect the public health, safety and welfare and meet the intent of this chapter, for instance in the case of reuse of older existing structures or on sites providing unforeseen development problems or impacts. In applying these standards, the most restrictive provisions of this section shall apply.

(3)

Principals of development company. No application for a special permit shall be approved unless the City Council shall first receive the applicable information required in Subsection D and shall thereafter find that:

(a)

The applicant's associates, professional advisers and contractors are qualified by training and/or experience to construct and market dwellings comparable to those proposed. [See Subsection D(1)(a).]

(b)

The development plan proposed is financially and environmentally sound. [See Subsection D(1)(b).]

(c)

The development plan proposed meets all other requirements of this section. [See Subsection D(1)(f).]

(4)

Location and impact of comprehensive developments.

(a)

Impact on sensitive areas. Comprehensive developments shall avoid impacts to the extent possible on environmentally sensitive areas, such as floodplains, wetlands, groundwater recharge areas, aquifers, areas feeding drinking water supply or recreation water bodies, and significant woodlands, hillsides or other natural features.

(b)

Impact on infrastructure. Comprehensive developments shall avoid areas which have public infrastructure or services incapable of serving the increased density of such developments without imposing significant increased public expense that would otherwise be unnecessary for uses built at densities permitted as of right (for example, inadequate roads, utilities or schools). Applicants may downsize their projects or improve the infrastructure to meet this criteria.

(c)

Site suitability. Comprehensive developments shall strive to avoid sites which are clearly better suited for uses permitted as of right by zoning and planned for those sites by the City in terms of roads, utility, infrastructure and site characteristics.

(5)

Project size. The maximum number of dwelling units (affordable and market-rate) in any comprehensive development shall be 175 on any lot or any combination of contiguous lots, and the minimum number shall be nine.

(6)

Concentration. So that comprehensive developments are not unduly concentrated in the same areas of the City, they shall be located so that they meet all the following criteria:

(a)

Density of comprehensive development. The maximum density of all dwelling units (market-rate and affordable) located within all comprehensive developments shall be no more than 250 units per square mile, measured within a one-half-mile radius from the center of any such development. This provision shall not apply within the inner City, as defined in the following subsection:

[1]

The "inner City" shall be defined as the RB, RC and CA Zoned Districts existing as of January 1, 1988, including the Business District between Lakeside Avenue and Clinton Street.

(b)

Proximity of comprehensive developments. The minimum distance between comprehensive developments shall be as specified in the following table. Said distance shall be measured between the closest dwelling units in each development. The inner City shall be as defined in Subsection C(6)(a)[1].

Table of Proximity Between Comprehensive Developments
	Minimum Distance Apart (feet)
Number of Units in Comprehensive Development	Inner City	Outside Inner City
9 to 50	600	1,000
51 to 100	1,200	2,000
101 to 150	2,000	3,500
151 and greater	3,500	5,000

(7)

Density relief. A development seeking an increase in the density allowed as of right for a particular parcel of land may not exceed the density allowed by right or by special permit in the district in which it is located, except as provided for in the following subsection.

(8)

On-site dimensional regulations.

(a)

Purpose. The purpose of the following dimensional regulations shall be to allow an appropriate increase in density as an incentive for affordable housing but not so great as to cause an undue impact on or conflict with the surrounding neighborhood density. This density increase will permit sufficient affordable units to meet the minimum 10% required by MGL Chapter 40B throughout the entire City.

(b)

Modifications. The City Council may determine that these dimensional regulations should be modified on particular sites where conditions on site or abutting the site so warrant.

(c)

Exceptions. Conversion, reconstruction or replacement of preexisting buildings may exceed the dimensional regulations to an extent of any preexisting nonconformity.

Table of On-Site Dimensional Regulations for Comprehensive Developments
Zoning District		Minimum Lot Area Per Dwelling Unit (square feet)	Maximum Lot Coverage (percent) (excluding wetlands)	Maximum Height (stories)
RR		14,000	30	2 1/2
A-1		8,000	35	2 1/2
A-2		7,000	40	3
A-3		5,000	45	3
Outside the inner City:
	All nonresidential districts and districts in which multifamily residential is permitted	4,000	50	3
Within the inner City:
	RB	3,500	55*	4
	RC	3,000	60*	4
	B, CA	2,000	80*	5

	NOTE:
	*	Coverage within the inner City may be modified according to Subsection C(8)(c) above.

(9)

Affordable units.

(a)

Type of housing. "Affordable housing" shall mean sale or rental housing as defined in § 650-5 of this chapter.

(b)

Nonfamily housing. This section shall apply only to affordable housing for families and not to sites for elderly or special needs housing built by or for the Marlborough Community Development Authority.

(c)

Inclusionary affordable housing provisions in § 650-26.

[1]

Certain provisions of § 650-26 requiring a minimum percentage of affordable housing units in all multifamily developments shall also be applicable to this section governing comprehensive developments.

[2]

Said provisions shall include the following subsections of said section:

[a]

Local preference: § 650-26A(1)(b).

[b]

Distribution of affordable units: § 650-26A(1)(c).

[c]

Appearance: § 650-26A(1)(d).

[d]

Floor areas: § 650-26A(1)(e).

[e]

Period of affordability: § 650-26A(1)(f).

[f]

Limitation on change in affordability: § 650-26A(1)(g).

[g]

Staging of affordable and market-rate units: § 650-26A(1)(h).

(d)

Proportion and income level or cost. The percent of affordable units and their income level or cost shall be governed and modified pursuant to MGL Chapter 40B and related regulations as they may be amended from time to time.

(e)

Provisions for Housing Authority ownership.

[1]

New construction; for-sale units. The applicant shall offer to the Community Development Authority not less than 5% of the newly constructed home-ownership affordable units. The Community Development Authority may opt to purchase (by signing a right of first refusal) any or all of the units offered, subject to available funding.

[2]

Expiration of affordability; for-sale units. If and when any home-ownership affordable units are converted to market-rate units, the Marlborough Community Development Authority shall have the right of first refusal to buy said units at the affordable rate established for each of those units in the deed restrictions.

[3]

Expiration of affordability; rental units. Following any required lock-in period requiring rental of any units at affordable or below-market rates, the applicant shall give the Marlborough Community Development Authority the first option to purchase said affordable units at an amount no higher than the purchase limits specified by the Executive Office of Communities and Development or its successor agency for housing units under Chapter 705 or any successor programs.

[4]

Provisions for handicapped units. The City may require a certain number of units to be specifically designed for the handicapped.

(10)

Profit sharing. It is not the intent of this section that either the previous landowners or the developers of affordable housing obtain excess profit by means of a substantial increase in the number of dwelling units allowed in comprehensive developments above the number allowed under existing zoning. Such excess profit may drive up project density and have undesirable impacts on the neighborhood. Accordingly, the applicant shall submit the information required in Subsection D(1)(b) and (c) concerning financial analysis and land acquisition and interest, and the City Council shall make the following determinations or conditions prior to approval of a special permit:

(a)

Land sales profit; see Subsection D(1)(b). The current or former landowners, as outlined in Subsection D(1)(b), have not profited and/or will not profit unduly, as defined hereinafter, from the sale of the land for affordable housing built at a substantially higher density allowed in a comprehensive development. In order to encourage the construction of affordable housing, while at the same time limiting the increase in project density, the level of profit from land sales shall be permitted to be no more than 25% greater than would be received if the land was sold for development permitted by right under existing zoning. If the City Council determines that an undue profit on the land sale will be or has been obtained, then said special permit may be denied unless either or both of the following requirements are met:

[1]

The excess profit is deposited into a City-controlled affordable housing fund to be used exclusively to support development of more affordable housing on this site or other sites within the City; or

[2]

The applicant reduces the land sale price so that the project density is reduced and/or the proportion of affordable units in the project is increased.

(b)

Determination of project size and affordability; see Subsection D(1)(c). The project size shall be limited to the minimum number of total units required to make the project economically feasible, while providing the maximum number of affordable units which can be supported at the proposed project size. "Economic feasibility" shall be as defined in the following Subsection C(10)(c). The information required under Subsection D(1)(c) must be submitted to fulfill this requirement.

(c)

Land development profit. No building permit shall be issued until the applicant has entered into an agreement with the City and the Marlborough Community Development Authority for the sharing of excess profits, if any, from land development allowed at the increased density permitted in the comprehensive development. In order to encourage the construction of affordable housing, the level of profit from development shall be limited to 15% (pre-tax, as a percentage of total projected sales), or the return permitted by the applicable state or federal funding agency for limited profit developers. Said agreement shall specify that the applicant's annual records shall be reviewed at the developer's expense by an independent auditor chosen by the City and agreed to by the applicant. Any excess profit shall be deposited into a City-controlled affordable housing fund to be used for development of more affordable housing within the City.

(11)

Parking. All requirements for parking and driveways in Article VII shall apply except for the following provisions:

(a)

Number. The minimum number of parking spaces per dwelling units shall be as follows:

[1]

Market-rate units: as required by § 650-26.

[2]

Affordable units: 25% less than required by § 650-26.

(b)

Reserve. A site for future, reserve parking shall be shown on the development plan and left as landscaped area until such time as it may be necessary to provide additional parking. The size of this reserve site shall provide additional spaces in the ratio required for market-rate units under Article VII of this chapter. Provisions shall be made in the covenants and deed restrictions for the future installation of reserve parking by the owners of the dwelling units, if such parking is needed.

(12)

Driveways and maneuvering aisles. All driveways and maneuvering aisles shall be designed to the standards required by Article VII of this chapter and shall be located, constructed and maintained as private ways. Design of said facilities shall be in accord with the recommendations of the City Planner, City Engineer and Fire and Police Departments.

(13)

Pedestrian paths. Paths for the use of residents shall be a minimum of five feet wide and attractively designed with proper regard to convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site. Pedestrian areas shall be designed for wheelchair accessibility according to state law.

(14)

Landscaping and screening. The development shall meet all landscaping and screening requirements of § 650-47. In addition, comprehensive developments over 20 units in size shall be buffered on side and rear lot lines from adjacent homes by a landscaped area at least 15 feet wide, which shall be planted with trees at least six feet high when planted and spaced no more than 15 feet apart. No building shall be closer than 25 feet to any landscaped buffer. Said buffer shall be required to the maximum practical extent within the inner City as defined in Subsection C(6)(a), as required by the City Council.

(15)

Recreation facilities.

(a)

For comprehensive developments of over 50 units in size, small outdoor play facilities shall be provided close to the residential units for younger children.

(b)

For comprehensive developments over 100 units in size, major, active, outdoor recreation facilities shall be provided and installed on site or nearby by the applicant, sufficient for all the residents of the site (such as softball, tennis, swimming pool or basketball), unless there are adequate existing public recreational facilities nearby, if deemed appropriate by the City Council. Any new facilities provided by the applicant shall be located so as to minimize any negative impact on the abutters.

(c)

Such facilities shall be shown on the development plan and itemized in the special permit but shall not be included in lot coverage.

(16)

Surface drainage. The surface drainage system shall be designed in accord with the rules and regulations governing subdivisions in the City of Marlborough and more stringent requirements as may be set by the City Council and/or Conservation Commission when the site may affect sources of water supply or bodies of water used for recreation in the City of Marlborough.

(17)

Private utilities. All electric, gas, television cable and telephone distribution lines shall be placed underground unless the City Council shall grant an exception to this requirement.

(18)

Sewer and water. All sewer and water facilities shall be designed in accordance with the requirements of the City Engineer and City Master Plan for such facilities, the Sanitary Code promulgated by the Massachusetts Department of Public Health, the regulations of the Marlborough Board of Health and all other laws pertaining thereto.

(19)

Conservation restriction on open space. In cases where the special permit would allow the applicant to build at greater density than allowed as of right, in exchange for the increase in density, the applicant shall prepare and submit a conservation restriction that preserves all open space identified on the development plan as open space in perpetuity, except only for those areas which may be reserved for additional parking construction or the like. There shall be public access to appropriate areas of said open space if so designated by the City Council and agreed to by the applicant. Said restriction shall be submitted to the City Solicitor for review and approval and shall be recorded with the Registry of Deeds prior to the issuance of a building permit on the project.

(20)

Operation and maintenance of common facilities and services. All on-site commonly owned facilities shall be operated and maintained by a management agent or association of unit owners.

Administration.

(1)

Application for a special permit. An application for a special permit for construction of dwellings in a comprehensive development shall be governed by all procedures, standards, criteria and submission requirements applicable to all special permits under Article VIII, § 650-59, and in addition shall contain the following information:

(a)

Applicant qualifications; see Subsection C(3). All information required by the City Council regarding the training and experience of the applicant, its associates, professional advisers and contractors in the development and management of housing as well as their respective financial positions. Such information must include evidence of prior experience with residential development, the capacity to undertake the type of development proposed, the work history of key personnel and evidence of financial capacity to undertake a project of this scope.

(b)

Land sale and interest; see Subsection C(10)(a). Information documenting the dates of sale, names of all corporate and individual sellers and buyers, and consideration paid or exchanged for the subject property over the previous three years, but in any event including the previous three owners having no business relationship. Details of any relationships between the applicants and current and former owners of the property shall be supplied. An appraisal shall be submitted by an independent qualified appraiser selected by the City and approved by the applicant but paid for entirely by the applicant. Said appraisal shall determine the current land value under the zoning regulations governing the use of the land without a special permit for a comprehensive development.

(c)

Financial analysis to determine project size and affordability; see Subsection C(10)(b). For projects over 20 units in size, a financial analysis shall be submitted which shall help determine the minimum number of total units required to make the project economically feasible and maximum number of affordable units which can be supported at the proposed project size. Economic feasibility shall be defined by Subsection C(10). Such analysis shall be conducted by an independent consultant to be jointly selected by the City and the applicant, but paid for entirely by the applicant. Projects under 20 units in size may be required to provide said analysis at the discretion of the City Council.

(d)

Funding. Identification of funding program for the affordable units and a copy of the funding application.

(e)

Market program. Summary of income range and methods for attracting residents of broad income and ethnic backgrounds.

(f)

Development plan showing location of affordable units and all information required on plans under special permits as provided for by Article VIII, § 650-59.

(g)

Impact report. A report on the adequacy of capacity and mitigation proposed for utilities and roadways leading to and serving the development.

(h)

Covenants and deed restrictions. The following documents shall be provided to the City Solicitor for review and approval prior to issuance of a certificate:

[1]

Provision for reserve parking: see Subsection C(11)(b). Legal agreements for provision of future reserve parking.

[2]

Provision for common facilities: see Subsection C(20). Deed restrictions on management agreements.

[3]

Provision for open space: see Subsection C(19). Deed restrictions on open space.

[4]

Other information. Any and all other information that the City Council may reasonably require in a form acceptable to it to assist in determining whether the applicant's proposed development meets the objectives of Subsection A and satisfies the standards of Subsection C above.

(2)

Review and comment by boards and agencies.

(a)

Prior to submission. Before submission by the developer of the full application to the City Council, the developer shall submit a preliminary application to the Marlborough Housing Partnership Committee (or its successor), which shall then conduct initial reviews and ensure the application meets the intent of this section.

(b)

After submission. After submission by the developer to the City Council, the developer shall provide the following with a copy of the application for its review and recommendation prior to a decision on any application by the City Council: Marlborough Housing Partnership Committee, Community Development Authority Housing Division, City Departments of Engineering, Planning, Fire and Police. The Planning Board shall be provided with a copy for its review and comment if any public roadway or subdivision of land is involved in the proposed development. The Conservation Commission shall be provided with a copy for its review and comment if any wetlands are involved in proposed development.

(c)

Comment period. In accordance with MGL Chapter 40A, failure of any such board or agency to make recommendations within 35 days of receipt by such board or agency of the final application shall be deemed lack of opposition thereto. Said board or agency may request an extension of time from the developer as provided for under MGL Chapter 40A.

(3)

Review and action by City Council. The procedures for review and action by City Council shall be as provided for all special permits under Article VIII, § 650-59.

(4)

Site plan review. Following approval of the general scope of the project under the special permit, the application shall be subject to site plan review for purposes of detailed review of site and engineering concerns prior to construction.

§ 650-28 Open space developments.

General description. An "open space development" shall mean a development of residential lots in which the houses are in one or more groups on the site, separated from each other and from adjacent properties by permanently protected open space.

Purpose and objectives. The purpose of this section is to:

(1)

Encourage a less sprawling form of development that has consumed excessive open space, caused land erosion, and destroyed attractive natural features of the land.

(2)

Allow for greater flexibility and creativity in the design of residential subdivisions.

(3)

Encourage the permanent preservation of natural resources and open space.

(4)

Protect scenic vistas.

(5)

Allow for more economical construction and maintenance of streets and utilities.

(6)

Encourage the production of more affordable and diverse housing types.

(7)

Allow for more economical construction and maintenance of recreational amenities through common ownership.

Applicability.

(1)

Special permit required. In open space developments, no building or premises shall be used, nor shall any building or structure be constructed or reconstructed, unless a special permit has been granted by the Planning Board in accordance with the provisions of this section.

(2)

Zoning districts. Open space development shall be limited to the following zoning districts: Rural Residence RR, Residential A1, A2 and A3.

(3)

Compliance with subdivision regulations.[1] Subsequent to the granting of the special permit, compliance with the rules and regulations regarding the subdivision of land must be met.

[1]

Editor's Note: See Ch. A676, Subdivision of Land.

(4)

Previously approved subdivisions. Where a definitive plan has been previously approved under conventional zoning by the Planning Board and construction has not commenced, an applicant may submit a new plan under this section. As an incentive to encourage new applications to be made under this section:

(a)

The number of allowable lots may be based on the previously approved plan.

(b)

Consideration may be given by the Planning Board to requests for waivers from the subdivision rules and regulations if a benefit to the City is demonstrated, so that the cost of constructing roads, utilities and other infrastructure items may be reduced.

(c)

Application fees may be waived by the Planning Board.

General requirements.

(1)

Uses. Uses in an open space development shall be limited to those uses permitted within the applicable zoning districts as specified in Article V, § 650-17.[2]

[2]

Editor's Note: See the Schedule of Uses included at the end of this chapter.

(2)

Site ownership. The development may consist of a single parcel of land or contiguous parcels, provided they are in common ownership or are submitted with the binding consent of different owners.

(3)

Access. Each lot shall have adequate access on a public or private way. Common driveways are permitted in accordance with requirements appearing elsewhere in this chapter.

(4)

Ways, interior drives, and utilities. The construction of all ways, interior drives and utilities shall be in accordance with the standards specified in the Planning Board's Rules and Regulations Governing the Subdivision of Land unless the Planning Board waives said rules and regulations based on its determination that adequate access will be provided to all lots in the development by ways that will be safe and convenient for travel.

(5)

Lot layout. Each lot shall be of a size and shape to provide a building site which shall be in harmony with the natural terrain and other features of the land.

(6)

Internal circulation. There shall be an adequate, safe and convenient arrangement of pedestrian circulation, roadways, driveways and parking.

Dimensional and intensity requirements.

(1)

Minimum area of site. The total area of the site proposed for open space development shall be at least five acres. Any site shall have a minimum of 50 feet of frontage on a public way.

(2)

Maximum density.

(a)

Number of lots. Except as provided below, the total number of building lots on the tract proposed for open space development shall not exceed the number of lots which could reasonably be expected to be developed under a conventional plan in full conformance with zoning and subdivision regulations, health codes and wetlands protection regulations. The number of lots allowable without bonuses shall be determined as follows:

[1]

The applicant shall prepare a conventional plan to show the number of lots which could be created by right under conventional zoning. In order to ensure that the lots are buildable, the plan shall not include building lots that have more than fifty-percent coverage by wetlands or by slopes of 25% or greater. The requirements for the conventional plan are further detailed under Subsection H.

[2]

Alternatively, the applicant may elect to use the number of lots from a definitive subdivision plan for the same parcel which has a valid approval from the Planning Board.

(b)

(Reserved)

(c)

Density bonuses and incentives. The applicant may apply for density bonuses as an incentive to provide certain amenities which would not otherwise be provided in the open space development. The Planning Board shall authorize an increase in the number of lots of up to 15% above the number otherwise permitted in this section as specified in the preceding Subsection E(2)(a) and (b), based on the following criteria, unless the Planning Board explains in its decision why unusual circumstances cause it to act otherwise:

[1]

Affordable housing. A bonus of one added lot for each affordable housing unit included in the open space development. Said affordable units shall be administered by the Marlborough Housing Partnership or successor agency, where applicable. The affordable housing shall meet the following requirements:

[a]

The housing shall meet the requirements of the definition of "affordable housing" included in § 650-5.

[b]

All affordable housing units shall meet the requirements of § 650-26A(1)(b), Local preference; (c), Distribution of affordable units; (d), Appearance; (e), Minimum and maximum floor area; (f), Period of affordability; (g), Limitations on change in affordability; (h), Staging of affordable and market-rate units.

[c]

The affordable housing shall consist of either single-family dwellings or single-family zero-lot-line dwellings, as defined in this chapter. For the purpose of this section, single-family zero-lot-line dwellings shall not be attached to more than one other unit. No multifamily dwelling units shall be permitted. Single-family zero-lot-line dwellings shall be permitted in an open space development solely for the purpose of providing affordable units and shall be designed to appear as attached single-family dwellings when viewed from the street, shall fit into the overall design, and shall be reasonably mixed with the single-family dwellings.

[2]

(Reserved)

(3)

Intensity regulation. The Planning Board may grant a reduction of all intensity and yard regulations applicable to the underlying zoning districts for all portions of an open space development, provided the Planning Board finds that the reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with these regulations, and also provided that in no instance shall a lot deviate from the following table of requirements:

Table of Lot Area and Yard Requirements for Open Space Development
	Zoning Districts
Minimum requirements	RR	A-1	A-2	A-3
Lot area (square feet)	20,000	15,000	12,000	10,000
Lot frontage (feet)¹	70	60	50	50
Lot width at front building line (feet)	90	80	70	70
Front yard setback (feet)	25	20	20	20
Side yard setback (feet)²	15	15	10	10
Rear yard setback (feet)³	25	25	20	20
Maximum lot coverage (%)⁴	25	30	30	30

	NOTES:
	¹	Lots located on the turnaround of a dead-end street shall have a minimum of 50 feet of street frontage, provided the minimum lot width at the front building line is maintained as required in this table.
	²	A side yard setback on one side needs to be provided for a single-family zero-lot-line dwelling.
	³	Rear yard dimensions may be increased where perimeter buffers are required. See Subsection F(7) below.
	⁴	Lot coverage shall be defined to include buildings, driveways, and parking areas.

Common open space requirements.

(1)

General. All land not devoted to dwellings, yards, accessory uses, roads or other development shall be set aside as common open space.

(2)

Use. The use of common open space shall be restricted to the following:

(a)

Active and passive recreation, conservation, forestry, agriculture, natural buffers.

(b)

Accessways, parking, underground utilities and structures necessary for and accessory to the uses in Subsection F(2)(a) above.

(3)

Number of parcels. Common open space may be in more than one parcel, provided that the size, shape and location of such parcels are suitable for the designated uses.

(4)

Access. The common open space shall be provided with adequate access from a public or private way.

(5)

Minimum area. The total area of common open space shall equal or exceed the area by which all residential lots are reduced below the basic minimum lot area normally required in the zoning district. In no case shall said total area be less than 40% of a total site in an RR District, 30% in an A-1 or A-2 District or 20% in an A-3 District, even if density bonuses are included as provided for under Subsection E(2)(c).

(6)

Land characteristics. The following lands may be used to meet the minimum requirements for common open space only in the proportions specified in the table below. However, if more than the minimum area of open space is provided, then these lands may be included within the excess common open space.

	Table of Common Open Space Dimensional Requirements for Open Space Developments
	Land Characteristic	Maximum Area Permitted Within Required Common Open Space
	Steep slopes, defined as slopes greater than 25%	50%
	Wetland and floodplain resource areas, as defined by MGL c. 131, § 40	Not greater than percentage of wetlands found in the overall parcel
	Roads and parking areas serving dwelling units¹	0%
	Roads, parking areas and structures serving common open space¹	10%

	NOTES:
	¹	Roads and parking areas serving dwelling shall always be paved. Roads and parking areas serving common open space shall be paved if so required by the Planning Board.

(7)

Perimeter buffers. Perimeter buffers are required where abutting property has already been developed with single-family homes on lots in full conformity with the requirements of this chapter as of January 1, 1992, and where residential structures within the open space development are located on lots of reduced size allowed by this section. Where buffers are required, said structures shall be set back from the boundaries of the development by a distance no less than double the minimum yard dimension in the underlying zoning district. Within said setback shall be a buffer strip which shall be kept in a natural landscaped condition. The Planning Board may require the planting of trees if none exist naturally. Said buffer strip may be located either within a privately owned residential lot having a buffer easement or, alternatively, within the common open space, as the Planning Board shall determine.

(8)

Design guidelines. The design of the common open space shall, to the extent practical, follow the design guidelines to be used by the Planning Board in making a decision on the special permit, as described in Subsection H(8)(b).

Ownership and management of open space.

(1)

City, trust or association. Common open space in any open space development approved under this section shall be conveyed to:

(a)

The City and may be accepted by it for conservation and/or recreational use;

(b)

An open space land trust or any other nonprofit corporation approved by the Planning Board, the principal purpose of which is land conservation and preservation of open space; and/or

(c)

A corporation, trust or association owned or to be owned by the owners of lots in the development, hereafter referred to as the "homeowners' association," subject to covenants enforceable by the City to keep the common space open or in a natural state, as approved by the Planning Board. If a corporation or trust owned by the owners of lots is utilized, ownership thereof shall pass with the conveyances of the lots in perpetuity. A homeowners' association agreement shall be submitted with the special permit application guaranteeing continuing maintenance of such common utilities, land and facilities, and assessing each lot a share of maintenance expenses. Such agreement shall be subject to the review and approval of the City Solicitor and Planning Board.

(2)

Entity other than the City. If the common open space is not to be conveyed to the City, then the applicant shall provide all of the following to the Planning Board for approval prior to commencement of construction:

(a)

A provision in the covenant that the common open space will be deeded as approved by the Planning Board. In addition, the covenant shall not be released by the Planning Board until proof of ownership has been provided by the applicant to the Planning Board.

(b)

A perpetual conservation restriction of the type described in MGL c. 184, § 31 (including future amendments thereto and corresponding provisions of future laws), enforceable by the City, which shall be recorded by the applicant and shall provide that such land shall be kept in an open or natural state and not be built upon for residential use or developed for accessory uses such as parking or roadways except as previously approved by the Planning Board.

(c)

A maintenance program describing how the common open space will be maintained in perpetuity to standards satisfactory to the Planning Board.

(d)

An agreement empowering the City to perform maintenance of the common open space in the event of failure to comply with the maintenance program included in the application pursuant to the preceding paragraph, providing that, if the City is required to perform any maintenance work, the owners of the lots included in the open space development shall pay the cost thereof and the cost shall constitute a lien upon their properties until said cost has been paid.

(3)

Time of dedication. All open space shall have been dedicated before any building permits are issued.

Application and review procedure.

(1)

Preapplication review. Prior to filing an application, the applicant shall meet with the Planning Department in order to promote better communication and avoid misunderstanding. The Planning Department shall arrange for a preapplication review with the Conservation and Engineering Departments.

(2)

Streamlined submission. The Planning Board approval of a special permit hereunder shall not substitute for compliance with the Subdivision Control Act nor oblige the Planning Board to approve a related definitive plan for subdivision, nor reduce any time periods for Planning Board consideration under that law. However, in order to facilitate processing, the following procedures allow for streamlined submission of an application for special permit and Subdivision Plan approval. The Planning Board may adopt further regulations if necessary, insofar as practical under law, to satisfy the Planning Board's regulations under the Subdivision Control Act.[3]

[3]

Editor's Note: See MGL c. 41, § 81K

(3)

Summary of two-step process.

(a)

Step one: submission of concept plan to the Planning Board for special permit. In the first step, the applicant shall submit a concept plan for the open space development together with a conventional subdivision plan showing the number of lots determined in accordance with Subsection E(2). A public hearing shall be held on the special permit, followed within 90 days by a decision of the Planning Board to grant or deny a special permit for the open space development in accordance with MGL Chapter 40A.

(b)

Step two: submission of definitive subdivision plan. If a special permit has been granted, the applicant must submit a definitive subdivision plan for the open space development, based upon the concept plan. If the special permit has been denied, the applicant may submit a definitive subdivision plan for a conventional layout. The Planning Board shall hold a public hearing for the definitive subdivision plan and render a decision within 90 days in accordance with MGL Chapter 41.

(4)

Special permit application.

(a)

Special permit rules and regulations. The Planning Board may adopt rules and regulations for the issuance of special permits applicable to this section, in accordance with MGL Chapter 40A.

(b)

Submission. The application shall be filed in accordance with MGL Chapter 40A.

(c)

Application materials. The application or petition for special permit shall be made in writing by the applicant or his duly authorized agent, who shall file the following number of sets of application materials at the offices set forth below:

	Number of Sets	Office
	1	Office of City Clerk
	1	Police Chief
	1	Fire Chief
	1	City Engineer
	1	Director of Planning
	1	Conservation Officer
	2	Planning Board
	1	Conservation Commission

(d)

Special permit review fees. At the time of application, the applicant shall pay a filing fee at the office of the City Clerk in the amount calculated to be the same as the preliminary plan design review fees specified in the Marlborough Subdivision Rules and Regulations.[4] The Planning Board may waive the fees.

[4]

Editor's Note: See Ch. A676, Subdivision of Land.

(e)

Conventional subdivision plan. The conventional subdivision plan required to determine the number of lots allowable shall be drawn to the same scale as the concept plan and shall contain the following:

[1]

The names, approximate location and widths of adjacent streets.

[2]

The existing and proposed lines of streets, ways and easements and any public areas within the subdivision.

[3]

The approximate boundary lines of proposed lots with approximate areas and dimensions.

[4]

The topography of the land at the same contour interval as the concept plan.

[5]

The boundaries of wetlands and floodplains in the same form as required for the concept plan under Subsection H(4)(g)[5], [6] and [7] below.

[6]

Where the property would be served by subsurface sewage disposal in cases where public sewer is not reasonably available, percolation tests shall be conducted for all lots shown on the conventional subdivision plan. Said tests shall be under the supervision of the Board of Health and in conformity with Title V and Board of Health regulations. Those lots which are determined to be not suitable for subsurface sewage disposal shall not be counted as allowable lots under Subsection E.

[7]

The Planning Board may require any additional information necessary to make the determination and assessments required by this section.

(f)

Preparation. The concept plan shall be prepared by a professional landscape architect and a professional engineer, both registered in Massachusetts.

(g)

Concept plan. The concept plan shall contain the following information, in addition to all requirements of a preliminary plan as specified in the Subdivision Rules and Regulations:

[1]

Existing landscape features in such detail appropriate to the site, including differentiation of wooded versus open areas, and a further differentiation between coniferous and deciduous trees.

[2]

Existing and potential open spaces and trails within 500 feet of the site.

[3]

Archeological and historic features on site.

[4]

Major long views within the site and within 500 feet of the site.

[5]

The boundaries of all resource areas protected by the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, as established through a determination of applicability.

[6]

Floodplain and Wetland Protection Districts defined by § 650-23 of this Zoning Ordinance.

[7]

Inland restricted wetlands protected by the Inland Wetlands Restriction Act, MGL c. 131, § 40A.

[8]

Any additional information necessary to make the determinations and assessments required by this section.

(5)

Conservation Commission review. The Conservation Commission shall review the special permit application and shall submit in writing to the Planning Board its report and recommendations upon the degree to which the open space development enhances the protection of the environment, including at least:

(a)

Compatibility with the requirements of the Massachusetts Wetlands Protection Act.

(b)

Evaluation of the location and configuration of open space parcels as to their value to recreation, wildlife habitats and environmental protection.

(6)

Public hearing, notice and decision. The procedure for public hearing, notice and decision shall be held in conformance with MGL Chapter 40A.

(7)

Decision.

(a)

Evaluation of plan. The Planning Board shall approve or approve with conditions a special permit for an open space development, provided that the Planning Board determines that the open space development is at least as beneficial to the City as a conventional plan. In evaluating the plan or plans, the following criteria shall be considered by the Planning Board:

(b)

Design guidelines and evaluation criteria.

[1]

Protection of scenic views and vistas.

[2]

Protection of valuable or sensitive environments, with wetlands located away from roads or behind lots.

[3]

Buffer areas are provided which minimize conflict between residential and agricultural or other uses or between adjacent residential subdivisions and lots of reduced size in an open space development.

[4]

Proximity of the maximum number of lots (especially smaller lots) close to the common open space.

[5]

Consolidation of open space as large, contiguous units, wherever possible.

[6]

Continuity of open space of adequate width within the development, connecting to adjacent open space areas, whether existing or in future potential developments adjoining the site. (Narrow strips of common open space should be used only when necessary for access or buffers.)

[7]

The elements of the site plan (lots, buildings, circulation, common open space, landscaping, etc.) shall be arranged favorably with existing natural features so as to minimize soil removal, tree cutting and general disturbance to the site.

[8]

Protection of major street capacity by avoiding driveways egressing onto such streets.

[9]

The pedestrian circulation system shall be designed to assure that pedestrians can move safely and easily on the site and between properties and activities within the site and neighborhood.

[10]

The street system shall not only provide for the safe and convenient movement of vehicles on and off the site but also be designed to contribute to the overall aesthetic quality of the development.

(8)

Findings. The Planning Board may grant a special permit only if the Planning Board finds that:

(a)

The development meets the objectives of an open space development listed in Subsection B.

(b)

The development meets the design criteria of an open space development listed in Subsection H(7)(b).

(c)

The development will not have a substantial or undue adverse effect upon adjacent property or the character of the neighborhood.

(9)

Definitive plan.

(a)

Submission and general procedure. If the open space development special permit is granted by the Planning Board, then the applicant shall submit to the Planning Board a plan in conformity with the requirements and procedures for definitive plan submission and review under the Subdivision Rules and Regulations of the Planning Board.

(b)

Limitation on subdivision. No open space development for which approval has been granted under this section may be further subdivided and a notation to this effect shall be made on the definitive plan.

(c)

Waivers. In accordance with MGL c. 41, § 81R, the applicant may request a waiver from the Subdivision Rules and Regulations. It is the intent of this section that the comparative impact analysis should be waived.

(d)

Review and public hearing. The Planning Board then shall review the aspects of the open space development with regard to its compliance to the Subdivision Control Law, and shall hold a public hearing as required by MGL c. 41, § 81T.

(e)

Variations from concept plan. The overall concept shall only be reconsidered if there is substantial variation between the definitive plan and the concept plan.

[1]

Definition of "substantial variation." A substantial variation shall be defined as any increase in the number of lots, a decrease in the open space acreage by more than 10%, a significant change in the character of the open space or amenities, a change in the layout which causes dwellings or roadways to be placed significantly closer to a dwelling located outside the development and which adversely and significantly affects natural landscape features and open space. The relocation of lot lines shall not be considered a substantial variation. The determination that a variation is substantial shall require a vote of the Planning Board by 2/3 majority of those present, following consideration of recommendations from the City Engineer, Conservation Officer, Planner and Solicitor.

[2]

New public hearing. If the Planning Board finds before the hearing on the definitive plan that a substantial variation exists or, alternatively, if the Planning Board finds the substantial variation subsequent to the hearing on the definitive plan, then the Board shall notify the applicant that a new public hearing shall be required to amend the special permit and that said hearing shall relate solely to the acceptability of the substantial variations. The acceptability of said substantial variations must be determined by the Planning Board after public hearing prior to final approval by the Planning Board of the definitive plan. If appropriate, a second hearing on the concept plan variations may be held on the same day as the hearing on the definitive plan.

§ 650-29 Applicability to historic district.

The provisions of §§ 650-40 through 650-49 shall not apply to any property located in a historic district which was duly created pursuant to the provisions of MGL Chapter 40C, or to any property which is used solely to provide accessory parking for any property in said historic district, if and to the extent that:

A certificate of appropriateness has been granted by a local historic district commission pursuant to MGL Chapter 40C regarding a construction or alteration of a building or structure on said property;

Said certificate of appropriateness specifically refers to one or more of said zoning sections and specifies the way in which the matter which is the subject of that zoning section or sections will be handled as part of the construction or alteration; and

The decision of the Historic District Commission contains written findings that the said Historic District Commission has solicited and received the written comments of the Building Commissioner, City Engineer, City Planner, Police Chief and Fire Chief regarding any such matters and has duly considered any comments so received, and that the way in which such matters will be handled as part of the construction process is in harmony with the general purposes and intent of this chapter and will not be detrimental to the neighborhood.

[Amended 10-6-2014 by Ord. No. 14-1005921A]

The alternative approved by the Historic District Commission does not reduce landscaping, the required pervious areas pursuant to § 650-23B(2), or building or other setback requirements which, according to the terms of the Zoning Ordinance, would otherwise have applied, by more than 50%, and does not reduce the required number of parking spaces by more than 25% of the number which would otherwise have been required.

The construction or alteration is done in compliance with all terms of the certificate of appropriateness.

§ 650-30 Limited development subdivisions.

[Added 11-29-2004 by Ord. No. 04-100558C; amended 8-18-2008 by Ord. No. 08-1001835C]

A parcel located in a residence district with frontage on a public way may be subdivided, subject to a special permit from the Planning Board, into limited development subdivision lots for the use only as single-family dwellings under the alternative lot area, frontage and dimensional criteria set forth below; provided, however, that the special permit applicant must clearly demonstrate to the Board that the parcel which is the subject of the special permit application could be subdivided by right under conventional subdivision requirements, as set forth in the applicable ordinances of the City of Marlborough, the Subdivision Control Law and the Board’s rules and regulations, into at least 2 1/2 times as many building lots as the number of building lots proposed in the special permit application.

Limited development subdivision lot criteria:

(1)

A minimum lot area of 2 1/2 times the minimum lot area of the zoning district within which it is situated, exclusive of wetlands and land within utility easements. Where a lot is within two zoning districts, the minimum lot area provisions of the more restrictive district shall apply.

(2)

A minimum lot frontage and minimum lot width of 40 feet.

(3)

A minimum front, side and rear yard setback of 50 feet.

(4)

An area of land must be provided wholly within the interior of the lot meeting a minimum dimension. That dimension shall be determined by creating a rectangle having two sides equal to the frontage requirement of the district and two sides having lengths equal to 75% of the district frontage.

(5)

Driveways on limited development subdivision lots shall have a minimum width of 12 feet and a maximum grade of 10% and shall in all other aspects abide by requirements for driveways found in other sections of the chapter. Each lot shall have adequate access to ensure the accessibility of public safety and emergency vehicles. The Planning Board shall request a recommendation from the Site Plan Review Committee relative to the adequacy of such access.

(6)

All driveways shall be provided with adequate turnarounds to allow the turning and exiting of public safety and emergency vehicles during all weather conditions.

(7)

Shared driveways shall be allowed only if it has been demonstrated that adequate suitable space is available on each lot for construction of a nonshared driveway. Any special permit granted under this section shall require that the shared driveways be designated as private ways and not public ways.

(8)

The applicant for a special permit hereunder shall file with the Planning Board a preliminary plan that must clearly demonstrate to the Board that the parcel which is the subject of the special permit application is capable, as of right, of conventional subdivision, pursuant to the applicable ordinances of the City of Marlborough, the Subdivision Control Law and the Board's rules and regulations, into at least 2 1/2 building lots for each building lot proposed under the limited development subdivision criteria.

Required findings and requirements for special permit:

(1)

That the limited development subdivision results in sufficient advantage to the City to depart from applicable requirements of the Ordinances of the City of Marlborough, applicable Subdivision Control Law and the Rules and Regulations, as may be further amended, of the Planning Board, in that the use of the intended parcel is less intense than would be allowed in a subdivision, as defined by the Planning Board.

(2)

That the submitted plan clearly conforms with all of the criteria enumerated in Subsection A above, and the applicant has demonstrated that access from the frontage to the single-family dwelling is sufficient to accommodate all private vehicles and the needs of all public safety and emergency vehicles.

(3)

Before a building permit shall be issued, the applicant must provide satisfactory evidence that the special permit issued hereunder has been recorded at the Middlesex South District Registry of Deeds.

§ 650-31 Narcotic detoxification and/or maintenance facilities.

[Added 11-23-2009 by Ord. No. 09-1002277F]

Subject to the provisions of this Zoning Ordinance, Chapter 40A of the Massachusetts General Laws, and provisions of the Rehabilitation Act and the Americans with Disabilities Act, the City of Marlborough Zoning chapter will not prohibit the location of a facility for narcotic detoxification or narcotic maintenance within the City of Marlborough, but will instead regulate such facilities. A narcotic detoxification and/or maintenance facility should provide medical support, security, drug testing with oversight by a physician, and standards that meet or exceed state regulations under 105 CMR 164 for licensure of substance abuse treatment programs. Facilities should not compete to provide streamlined care to patients and should not provide a location for patients to wait for treatment in the vicinity of children. Therefore, to ensure that these facilities are located in such a way as not to pose a direct threat to the health or safety of either the participants in the rehabilitation treatment or the public at large, the provisions of this section will apply to all such facilities.

Where a special permit is required for a narcotic detoxification and/or maintenance facility, the special permit granting authority shall grant the special permit only upon its written determination that any adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this chapter, the determination shall include consideration of each of the following:

(1)

Social, economic, or community needs which are served by the proposal;

(2)

Traffic flow and safety, including parking and loading;

(3)

Adequacy of utilities and other public services;

(4)

Neighborhood character and social structures;

(5)

Impacts on the natural environment;

(6)

Potential fiscal impact, including impact on City services, tax base, and employment; and

(7)

The ability for the facility to:

(a)

Meet a demonstrated need;

(b)

Provide a secure indoor waiting area for clients;

(c)

Provide an adequate pick-up/drop-off area;

(d)

Provide adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals; and

(e)

Adequately address issues of traffic demand, parking, and queuing, especially at peak periods at the facility, and its impact on neighboring uses. The special permit granting authority may require the applicant to provide a traffic study, at the applicant's expense, to establish the impacts of the peak traffic demand.

A narcotic detoxification and/or maintenance facility shall not be located:

(1)

Within 5,000 feet of another narcotic detoxification and/or maintenance facility; nor

(2)

Within 1,000 feet of:

(a)

A school (as defined in § 517-2 of the Code of the City of Marlborough, as amended) located within the City of Marlborough;

(b)

A recreational facility (as defined in § 517-2 of the Code of the City of Marlborough, as amended); or

(c)

A park (as defined in § 517-2 of the Code of the City of Marlborough, as amended);

(d)

An elderly housing facility (as defined in § 517-2 of the Code of the City of Marlborough, as amended); or

(e)

A retirement community (as defined in § 650-5 of the Zoning Ordinance of the City of Marlborough, as amended) located within the City of Marlborough.

[Added 8-14-2014 by Ord. No. 12/13/14-1005247I; amended 4-2-2018 by Ord. No. 18-1007163-1C]

Medical marijuana treatment centers. Subject to the provisions of this Zoning Ordinance, Chapter 40A of the Massachusetts General Laws, Chapter 94I of the Massachusetts General Laws, and 105 CMR 725.000, all as amended, the City of Marlborough Zoning Ordinance will not prohibit the location of a center for medical marijuana treatment within the City of Marlborough, but will instead regulate such centers. A medical marijuana treatment center should provide medical support, security, oversight by a physician, and standards that meet or exceed 105 CMR 725.000. These centers should not compete to provide streamlined care to patients and should not provide a location for patients to wait for treatment in the vicinity of children. Therefore, to ensure that these centers are located in such a way as to not pose a direct threat to the health or safety of either qualifying patients or the public at large, the provisions of this section will apply to all such centers.

[Amended 5-21-2018 by Ord. No. 18-1007163-2D]

A.1.

Adult use marijuana retail; marijuana accessories retail. Subject to the provisions of this Zoning Ordinance, Chapter 40A of the Massachusetts General Laws, Chapter 94G of the Massachusetts General Laws, 935 CMR 500.000, and the ordinances and regulations of the City of Marlborough, its boards and commissions, all as amended, the City of Marlborough Zoning Ordinance will not prohibit the location of adult use marijuana retail business establishments and marijuana accessories business establishments within the City of Marlborough, but will instead regulate such businesses. To ensure that these businesses are located in such a way as to not pose a direct threat to the health or safety of children and other vulnerable populations, the provisions of this section will apply to all such businesses.

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

A.2.

Medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer or transporter. Subject to the provisions of this Zoning Ordinance, Chapter 40A of the Massachusetts General Laws, Chapter 94I of the Massachusetts General Laws, Chapter 94G of the Massachusetts General Laws, 105 CMR 725.000, 935 CMR 500.000, and the ordinances and regulations of the City of Marlborough, its boards and commissions, all as amended, the City of Marlborough Zoning Ordinance will not prohibit the location of cultivators, independent testing laboratories, product manufacturers, or transporters, for the purposes of medical marijuana or adult use marijuana, within the City of Marlborough, but will instead regulate such businesses. To ensure that these businesses are located in such a way as to not pose a direct threat to the health or safety of children and other vulnerable populations, the provisions of this section will apply to all such businesses.

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

In the interpretation of this chapter, the meanings of words and phrases shall be according to the definitions included in § 650-32 of the Code of the City of Marlborough entitled "medical marijuana treatment centers," Chapter 334 of the Acts of 2016, as amended by Chapter 55 of the Acts of 2017, 105 CMR 725.000, MGL c. 94G and 935 CMR 500.002, all as amended, and unless the context shows another sense to be intended. For purposes of this chapter, the following definitions shall also apply:

[Amended 5-21-2018 by Ord. No. 18-1007163-2D]

ADULT USE MARIJUANA (including the words "MARIJUANA" AND "CANNABIS" as those words pertain to adult use marijuana)

Means all parts of any plant of the genus Cannabis, not excepted in 935 CMR 500.002: Cannabis or Marijuana (a) through (c) and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in MGL c. 96G, § 1, as amended, provided that adult use marijuana, marijuana or cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; hemp; or the weight of any other ingredient combined with cannabis or marijuana to prepare topical or oral administrations, food, drink or other products.

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

ADULT USE MARIJUANA RETAIL

An entity licensed and registered under 935 CMR 500.050, as amended, as a marijuana retailer to purchase from a craft marijuana cooperative, marijuana cultivator, independent testing laboratory, product manufacturer or transporter and to sell or otherwise transfer the marijuana to consumers and to marijuana establishments.

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

MARIJUANA ACCESSORIES

Equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, injecting, inhaling or otherwise introducing marijuana or cannabis into the body.

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

MARIJUANA ACCESSORIES RETAIL

A retail business open to the public where an entity sells marijuana or cannabis accessories to consumers.

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

MARIJUANA ESTABLISHMENT

A licensed marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer, independent testing laboratory, marijuana research facility, marijuana transporter, or any other type of licenses marijuana-related business, except a medical marijuana treatment center.

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

MARIJUANA-INFUSED PRODUCT (MIP)

A product infused with marijuana that is intended for use or consumption, including but not limited to edible products, ointments, aerosols, oils, and tinctures. These products, when created or sold by a medical marijuana treatment center business, shall not be considered a food or a drug as defined in MGL c. 94, § 1.

MEDICAL AND/OR ADULT USE MARIJUANA CULTIVATOR

An entity licensed and registered under 105 CMR 725.100 and/or 935 CMR 500.000, as amended, to cultivate, process and package marijuana, to deliver to medical marijuana treatment centers and/or to other marijuana establishments, but not to consumers.

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

MEDICAL AND/OR ADULT USE MARIJUANA INDEPENDENT TESTING LABORATORY

A laboratory that is licensed by the Cannabis Control Commission and is (i) accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission, (ii) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test, and (iii) qualified to test marijuana in compliance with 105 CMR 725.031 and MGL c. 94C, § 34 and/or 935 CMR 500.160 and MGL c. 94G, § 34.

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

MEDICAL AND/OR ADULT USE MARIJUANA PRODUCT MANUFACTURER

An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and/or to medical marijuana treatment centers, but not to consumers.

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

MEDICAL AND/OR ADULT USE MARIJUANA TRANSPORTER

An entity, not otherwise licensed by the Cannabis Commission, that is licensed to purchase, obtain, and possess marijuana and marijuana products solely for the purpose of transporting, temporary storage, sale and distribution to marijuana establishments and/or to medical marijuana treatment centers, not for sale to consumers.

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

MEDICAL MARIJUANA

All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. The term also includes MIPs except where the context clearly indicates otherwise.

MEDICAL MARIJUANA TREATMENT CENTER

Refers to the site(s) of dispensing, cultivation, and preparation of marijuana; shall mean a not-for-profit entity or a for-profit entity registered under 105 CMR 725.100 and known thereunder as a registered marijuana dispensary (RMD), that acquires, cultivates, possesses, processes [including development of related products, such as edible marijuana-infused products (MIPs), tinctures, aerosols, oils, or ointments], transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers; and shall be subject to the regulations under § 650-32 of this chapter.

MEDICAL USE OF MARIJUANA

The acquisition, cultivation, possession, processing [including development of related products such as marijuana-infused products (MIPs) that are to be consumed by eating or drinking, tinctures, aerosols, oils, or ointments], transfer, transport, sale, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.

PERSON

An individual, nonprofit entity, or for-profit entity.

In such zoning districts where a special permit is required for medical marijuana treatment center, adult use marijuana retail business, marijuana accessories business, or medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer or transporter, upon application, the special permit granting authority shall grant the special permit only upon its written determination that any adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this chapter, the determination shall include, but is not limited to, consideration of each of the following:

[Amended 5-21-2018 by Ord. No. 18-1007163-2D]

(1)

Social, economic, or community needs which are served by the proposal;

(2)

Traffic flow and safety, including parking and loading;

(3)

Adequacy of utilities and other public services;

(4)

Neighborhood character and social structures;

(5)

Impacts on the natural environment;

(6)

Potential fiscal impact, including impact on City services, tax base, and employment;

(7)

Hours of operation;

(8)

Requiring that contact information be provided to the Chief of Police, the Building Commissioner, and the special permit granting authority;

(9)

Requiring payment of a community impact fee;

(10)

Requiring the submission to the special permit granting authority of the same annual reports that must be provided to the Commonwealth of Massachusetts Department of Public Health and/or the Massachusetts Cannabis Control Commission;

(11)

Requiring regular inspections by City officials or their agents, and access to the same records which are available for inspection to the Commonwealth of Massachusetts Department of Public Health and/or the Massachusetts Cannabis Control Commission;

(12)

Requiring employees to undergo a criminal background check, including but not limited to CORI and an additional background check, by the Police Chief who shall have the authority to disapprove the employment of any person(s) as a result of said background check;

(13)

Requiring surveillance cameras, capable of twenty-four-hour video recording, archiving recordings and ability to immediately produce images, in, on, around or at the premises;

(14)

Prohibiting the sale of any materials or items unrelated to the purposes of registration by the Commonwealth of Massachusetts Department of Public Health and/or the Massachusetts Cannabis Control Commission, including, without limitation, tobacco products, clove cigarettes, or c-cigarettes;

(15)

The ability for the business to:

(a)

Provide a secure indoor waiting area for clients;

(b)

Provide an adequate and secure pickup/dropoff area for clients, customers and products;

(c)

Provide adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals; and

(d)

Adequately address issues of traffic demand, parking, and queuing, especially at peak periods at the business, and its impact on neighboring uses; and

(e)

Provide opaque exterior windows.

(16)

Signs and signage; and

(17)

Names of businesses, business logos and symbols, subject to state and federal law and regulations.

The special permit granting authority may require the applicant to provide a traffic study, at the applicant's expense, to establish the impacts of the peak traffic demand.

Applicants for a special permit shall be subject to site plan review under § 270-2 of the Code of the City of Marlborough.

A medical marijuana treatment center shall not be located:

(1)

Within a radius of 500 feet of a school (as defined in § 517-2 of the Code of the City of Marlborough, as amended) located within the City of Marlborough; and

(2)

Within a radius of 500 feet of a day-care center (as defined in § 517-2 of the Code of the City of Marlborough, as amended) located within the City of Marlborough.

The five-hundred-foot distance in this Subsection F is measured in a straight line from the nearest point of the building in which the school or day-care center in question is located to the nearest point of the building within which the proposed medical marijuana treatment center would be located.

F.1.

An adult use marijuana retail business, marijuana accessories retail business, medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer or transporter shall not be located:

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

(1)

Within a radius of 500 feet of a school (as defined in § 517-2 of the Code of the City of Marlborough, as amended) located within the City of Marlborough; and

(2)

Within a radius of 500 feet of a day-care center (as defined in § 517-2 of the Code of the City of Marlborough, as amended) located within the City of Marlborough.

The five-hundred-foot distance in this Subsection F.1 is measured in a straight line from the nearest point of the building in which the school or day-care center in question is located to the nearest point of the building within which the proposed adult use marijuana retail business, marijuana accessories retail business, and medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer or transporter would be located.

Chapter 412 of the Code of the City of Marlborough, as amended, prohibiting the smoking, ingesting, or other use or consumption of marijuana in any place accessible to the public, shall be construed as applying to the medical use of marijuana inside a medical marijuana treatment center (except for the administration of marijuana for the purposes of teaching use of vaporizers, or demonstration of use of other products as necessary), an adult use marijuana retail business, a marijuana accessories retail business, and to a medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer or transporter.

[Amended 5-21-2018 by Ord. No. 18-1007163-2D]

The number of Special Permits issued to adult use marijuana retail business establishments shall not exceed the number that is 20% of the number of liquor licenses for off-premises alcohol consumption that have been issued by the Licensing Board pursuant to MGL c. 138, § 15.

[Added 5-21-2018 by Ord. No. 18-1007163-2D]

Social consumption establishments and mixed-use establishments for the consumption of adult use marijuana and/or of medical marijuana are prohibited.

[Amended 5-21-2018 by Ord. No. 18-1007163-2D]

Direct delivery to a consumer or client from a marijuana cultivator or product manufacturer is prohibited.

[Amended 5-21-2018 by Ord. No. 18-1007163-2D]

[1]

Editor's Note: Former § 650-32, Temporary moratorium on medical marijuana treatment centers, added 6-17-2013 by Ord. No. 13-1005247D, expired 6-30-2014 and was removed from the Code.

§ 650-33 Results Way Mixed Use Overlay District.

[Added 12-17-2012 by Ord. No. 12-1005154C; amended 6-14-2021 by Ord. No. 21-1008216D]

Purpose and objectives.

(1)

The Results Way Mixed Use Overlay District (herein, also RWMUOD) allows the application of supplemental land use controls within the boundaries of a certain overlay district, subject to City Council approval (Hereinafter any reference to City approval shall be deemed to mean approval by the City Council.) as an alternative to land use controls that exist in the underlying district(s). The establishment goals of the Results Way Mixed Used Overlay District are to enhance land use development and encourage desired growth patterns for the benefit of the public health, safety and welfare by promoting integrated, pedestrian-friendly, mixed use development to allow for the development of housing, retail and workplaces within close proximity of each other consistent with the stated economic development objectives of the City (collectively, herein, mixed use developments or MUD).

(2)

For the purposes of this section, the RWMUOD shall be superimposed on the other districts existing at the time that any land in any said underlying district is also included in the RWMUOD. The RWMUOD is adjacent to Simarano Drive and Forest Street as indicated on the City Zoning Map. The RWMUOD shall consist of two separate subdistricts: (i) Subdistrict 1, as more particularly described in Exhibit A annexed hereto and incorporated by reference herein; and (ii) Subdistrict 2, as more particularly described in Exhibit B annexed hereto and incorporated by reference herein.[1]

[1]

Editor's Note: Said exhibits are included as an attachment to this chapter.

(3)

For the purposes of the Zoning Ordinance, a mixed use development or MUD shall include any eligible use set forth in Subsection E, below, which may be commingled into a single structure or structures with other eligible uses or may be located in separate structures on the site subject to any restrictions and/or limitations set forth in the development agreement described in Subsection C(2) below. Accordingly, mixed use developments shall benefit the public health, safety and welfare through the sharing of parking lots and driveway curb cuts to minimize the amount of impervious paved parking areas, to reduce traffic congestion, to reduce automobile trips, and accordingly to improve air quality.

(4)

Within each subdistrict, one MUD shall be permitted, which shall each be subject to a separate development agreement and master concept plan, as described in Subsection C, below.

Authority of permit granting authority.

(1)

The City Council shall be the permit granting authority for special permit and site plan approval in the RWMUOD. In all instances, a development which proceeds under the RWMUOD Overlay is subject to site plan approval in accordance with § 270-2 of the Marlborough City Code, with the exception that the City Council shall be the permit granting authority for special permit and site plan approval in the RWMUOD.

(2)

The City Council may elect to vary the dimensional and parking requirements of this section by special permit if, in its opinion, such change shall result in a substantially improved project and will not nullify or substantially derogate from the intent or purpose of this section. This authority continues subsequent to occupancy.

Master concept plan; development agreement. The property owner/developer of each subdistrict shall, prior to or simultaneously with the first application for approval of a site plan and/or special permit for the MUD within the applicable subdistrict, file the following with the City Council for approval:

(1)

Master concept plan.

(a)

A master concept plan (master plan) which shall in a general manner show:

[1]

The location and areas of proposed development;

[2]

Proposed open space (usable or natural);

[3]

Proposed site access curb cuts off of Simarano Drive and Forest Street; and

[4]

Proposed building envelope(s) where construction is anticipated to occur (excluding internal site driveways).

(b)

A table showing approximate acres and calculations of the following:

[1]

Total land area of each development area (building envelope area);

[2]

Total development limitations, if any, of uses in any developable area;

[3]

Total maximum development (square footage/use limitations); and

[4]

Approximate number of parking spaces within the applicable subdistrict.

(c)

The master plan shall be approved by a super majority 2/3 vote of the City Council at a public meeting and shall thereafter become the general development plan governing development at the applicable subdistrict. The master plan may be amended from time to time by a super majority vote 2/3 of the City Council by application from the property owner/developer to reflect changing development conditions.

(2)

A development agreement in recordable form binding upon the developer/property owner.

(a)

The development agreement shall be approved by a super majority (2/3) vote of the City Council prior to the issuances of the first permit/site plan approval for development within the applicable subdistrict, which shall contain, without limitation:

[1]

Required mitigation (including traffic demand management initiatives) to address the impacts arising out of the use and occupancy of the proposed project, or if at the time of execution such impacts are not known, the methodology for assessing and addressing such impacts as the development of the applicable subdistrict progresses.

[2]

Restrictions on development areas and such other development limitations as may be agreed upon.

[3]

Proposed phasing of the development of the applicable subdistrict.

[4]

Obligations with respect to pedestrian and vehicular interconnectivity within the applicable subdistrict to facilitate pedestrian access and parking efficiencies.

[5]

The authority of the City Council to retain the necessary professionals to assist in its review of development applications.

[6]

An agreement by the property owner/developer of the residential component of the property to make a one-time financial contribution to the City per residential unit developed within the applicable subdistrict for which a building permit is issued. This payment shall be due at the time of the issuance of the building permit for the unit(s). This amount is to be used by the City acting by and through the City Council to assist in the identification and implementation of zoning, economic and other strategies to foster professional, retail and commercial development initiatives as well as the development of affordable housing which may include, without limitation, the preparation of a housing production plan in accordance with the rules and regulations of the Massachusetts Department of Housing and Community Development [760 CMR 56.03(4)] and the funding of the implementation of the goals and objectives set forth in such plan.

(b)

The development agreement shall govern the implementation of the master plan and development at the applicable subdistrict.

(c)

Notwithstanding anything contained in any current or future development agreement to the contrary, each development agreement shall only apply to the applicable subdistrict and shall not govern any development of other subdistricts within the RWMUOD.

Exclusivity/control. Except as specifically provided herein, uses and provisions of Article V of Chapter 650 (Zoning) relating to the underlying zoning district not otherwise impacted by this section (§ 650-33) shall continue to remain in full force and effect; provided, however, that the City Council shall be the special permit granting and site plan approval authority, if applicable. This section (§ 650-33) of the Zoning Ordinance exclusively controls the establishment, development, and design of any MUD undertaken in a subdistrict in the RWMUOD and supersedes any other provision of the Zoning Ordinance (except the provisions of the Water Supply Protection District, provided that the maximum total impervious surface coverage for the RWMUOD shall be 60% calculated on the entire land area of each subdistrict and not on an individual lot basis). In the event of any conflict between the provisions of this section (§ 650-33 et seq.) and any other provision of the Zoning Ordinance, the provisions of this section shall govern and control.

Eligible uses. Except as specifically set forth below, all uses permitted in the Industrial and Limited Industrial Districts either as of right or by special permit in accordance with § 650-17 of the Zoning Ordinance are permitted in the RWMUOD. If a use requires a special permit under § 650-17, Table of Use Regulations, such use shall continue to require a special permit under this section.

(1)

The following additional uses are also permitted by right in the RWMUOD:

(a)

Research and experimental labs (33). (NOTE: Numbers in parentheses correspond to subsection numbers in § 650-18, Conditions for uses, as noted in § 650-17, Table of Use Regulations.) Research and development includes, without limitation, laboratories engaged in research, experimental and testing activities, including, but not limited to, the fields of biology, chemistry, electronics, engineering, geology, pharmaceuticals, medicine and physics.

(b)

Medical office and diagnostic medical laboratories appurtenant to offices of physicians and dentists.

(c)

Associated/accessory research uses (35). (NOTE: Numbers in parentheses correspond to subsection numbers in § 650-18, Conditions for uses, as noted in § 650-17, Table of Use Regulations.)

(d)

Advanced manufacturing, which shall include high-technology manufacturing, such as, but not limited to, laser technology, robotics, nanotechnology and computer-associated design and software development.

(e)

Multifamily dwelling:

[1]

Subdistrict 1: up to 350 dwelling units, including, without limitation, age-restricted dwelling units.

[2]

Subdistrict 2: up to 100 dwelling units, including, without limitation, age-restricted dwelling units.

(f)

Retail sales and services: in each subdistrict, up to 75,000 square feet of total gross floor area; up to 10,000 square feet of gross floor area per establishment.

(g)

Hotels and motels.

(h)

Hotels with conference facilities and commercial uses.

(i)

Car parking lots, garages: a structure or a group of structures that facilitate the parking of vehicles at ground level, above or below grade and shall include area for the parking of vehicles at, above and/or below grade under a building or otherwise integrated into another structure.

(j)

Consumer service establishments complementary to the other principal uses at the property.

(k)

Restaurant, cafe with or without table service (including outside seating and service).

(l)

Health, sports and fitness clubs (indoor and/or outdoor) and related facilities.

(m)

Self-service laundry.

(n)

Dry cleaning (pickup and dropoff only).

(o)

Manufacturing and/or warehousing, including but not limited to biomanufacturing facilities that may use and store hazardous materials or toxic substances in accordance with applicable law.

(2)

The following additional uses are also permitted by special permit in the RWMUOD:

(a)

In Subdistrict 1 only: Multifamily dwelling — more than 350 dwelling units within the subdistrict, including, without limitation, age-restricted dwelling units.

(b)

Drive-through facilities associated with retail (e.g., banks; pharmacies) and food services.

(c)

In Subdistrict 2 only: Biosafety Level 3 laboratories, as defined by the United States Center for Disease Control and Prevention.

(3)

The foregoing subsections notwithstanding, the uses set forth as follows are expressly prohibited in the RWMUOD:

(a)

Adult entertainment, including an adult bookstore, video store, paraphernalia store, movie theater, or live entertainment establishment.

(b)

Tattoo and body piercing parlors and shops.

(c)

Dye works.

(d)

Biosafety Level 4 laboratories, as defined by the United States Center for Disease Control and Prevention.

(e)

Establishments for construction in such services as, but not limited to, building, building maintenance, plumbing, landscaping, electrical, masonry, carpentry, well drilling.

(f)

Electroplating, metal finishing except by special permit as an accessory use to an otherwise permitted principal use.

(g)

Hazardous and toxic chemical manufacturing.

(h)

Trucking terminal and distribution center.

(i)

Automotive sales and/or service.

(j)

Retail gasoline, oil and lubrication stations.

(k)

Commercial bakeries.

(l)

On-site sales and rental of heavy machinery and vehicles.

(m)

Laundry and dry-cleaning establishment, except dropoff and pickup operations and facilities designed to service residents of multifamily dwellings.

(n)

Any activity or use directly or indirectly involving, without limitation, the dispensing, use, sale, growing, storage or transportation of medical marijuana, including any medical marijuana treatment center.

(o)

Any on-site facility or clinic devoted to the treatment of substance addiction, including any narcotic detoxification and/or maintenance facility.

Dimensional requirements. The RWMUOD shall be subject to the dimensional standards in accordance with Article VII of the Marlborough Zoning Ordinance with the following exceptions:

(1)

The RWMUOD shall consist of one or more lots. There is no minimum acreage requirement for a lot to be a part of the Results Way Mixed Use Overlay District.

(2)

Minimum lot frontage measurement shall be no less than 50 feet for any lot wholly located within the boundaries of the RWMUOD.

(3)

Minimum front yard measurement shall be no less than 30 feet for any lot wholly located within boundaries of a RWMUOD.

(4)

No less than 15 feet shall separate the structural side wall of any two or more MUD structures. No less than 15 feet shall separate any area behind and/or between structures, and fire suppression vehicles shall have clear and adequate access to all structures.

(5)

Maximum building height in RWMUOD shall not exceed 80 feet, provided that:

(a)

Residential structures shall not exceed 70 feet; and

(b)

No structure located within 120 feet from the center line of Forest Street shall exceed 50 feet.

(6)

Maximum lot coverage shall be calculated on the entire land area of the applicable subdistrict and not on an individual lot basis, and shall not exceed 60% of the total area of the applicable subdistrict.

Parking and curb cut requirements. Except as otherwise provided in this section, parking and circulation requirements shall conform to the provisions of §§ 650-48 and 650-49 of the Zoning Ordinance.

(1)

General. In the RWMUOD, adequate off-street parking shall be provided. The City Council and the applicant shall have as a goal, for the purposes of defining adequate off-street parking, making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. In implementing this goal the City Council shall consider complementary or shared use of parking areas by activities having different peak demand times, and the applicant shall locate adjacent uses in such a manner as will facilitate the complementary use of such parking areas. Implementation of such complementary use of parking areas may result in permitted reductions in the parking requirements.

(2)

Parking locations. Parking may be provided at ground level, underground or in a parking garage. Parking garages can be freestanding or as part of buildings dedicated to other permitted uses.

(3)

Parking spaces for each dwelling unit. There shall be a minimum of 1.5 parking spaces for each dwelling unit.

(4)

Granting of relief from parking regulations. The City Council may waive any of the foregoing requirements or the requirements of § 650-48 if it makes a finding that to do so will enhance the overall design of the RWMUOD.

Signage.

(1)

Except as otherwise provided in this mixed use section, signage shall conform to the provisions of Chapter 526 of the Marlborough City Code, the Sign Ordinance.

(2)

Granting of relief from signage regulations. The City Council may waive any of the requirements of the Sign Ordinance if it makes a finding that to do so will enhance the overall design of the RWMUOD.

Application.

(1)

An application for a special permit for a use in the mixed use development in the RWMUOD shall comply with the requirements of § 650-57 et seq. of the Zoning Ordinance. In the matter of a site plan approval, the application shall comply with the requirements of the City Code, Chapter 270, Article II, Permits and Approvals, § 270-2 et seq.

(2)

The City Council in connection with a special permit and/or site plan application shall review such applications with respect to the following design criteria:

(a)

Compliance of sidewalks with Americans with Disabilities Act (ADA) design standards;

(b)

Street facade and exterior walls visible from public ways;

(c)

Public space;

(d)

Scale of buildings; and

(e)

External lighting.

(3)

Concurrent with any public hearing/meeting associated with a special permit and/or site plan filing, the applicant shall make a presentation to the City Council to present the proposed architectural design and shall consider the comments and input from the City Council. A final building elevation shall be submitted prior to the close of the public hearing/meeting.

Standards for roadways and drainage.

(1)

Roadways. Internal RWMUOD roadways shall be private ways and shall be maintained by the owners/developers of the RWMUOD and portions thereof. Private ways within the RWMUOD, to the extent feasible, shall be constructed using the methods and materials prescribed in the Rules and Regulations for the Subdivision of Land in the City, but shall not be required to conform to the dimensional requirements thereof, provided that those private roadways shall be adequate for the intended vehicular and pedestrian traffic and shall be maintained by the owner/developer or an association of owners.

(2)

Stormwater management system. Each MUD within the RWMUOD shall have a stormwater management system designed in accordance with the applicable Rules and Regulations for the Subdivision of Land in the City and the Department of Environmental Protection's Stormwater Management Guidelines, as amended.

Amendments. After approval, an owner/developer may seek amendments to the approved permits. Minor amendments to a special permit and major or minor amendments to a site plan approval may be made by a super majority (2/3) vote of the City Council. It shall be a finding of the City Council, not subject to dispute by the applicant, whether a requested amendment is deemed to be a major amendment or a minor one. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce more than a material increase in impact on City services, the environment or the neighborhood. If it is determined that revisions to a special permit are not minor, per § 650-59 of the Zoning Ordinance, an application for a revised special permit shall be filed, and a public hearing shall be held in the same manner as required for a new application, subject to the fee schedule under Subsection C(3)(f) of § 650-59.

§ 650-34 Marlborough Village District (MV).

[Added 12-1-2014 by Ord. No. 14-1005947C]

Within the Marlborough Village District (MV), the following provisions govern. Where these provisions conflict with other sections of the Zoning Ordinance, the provisions of this section shall apply.

Purpose and vision. The purpose of the Marlborough Village District is to implement smart growth principles with development that is compatible with the character of downtown Marlborough. The Marlborough Village District is envisioned as the hub of community gathering places that reflects and celebrates the existing historic character and enhances the traditional village atmosphere. The vision is to build value and to support our employers with a downtown that attracts visitors and helps to retain and recruit employees while creating new housing opportunities.

Site plan review. Projects within the Marlborough Village District shall be subject to site plan review as provided in § 270-2, entitled "Site plan review and approval," of the City Code.

(1)

Applicability.

(a)

Site plan review applies to both as of right and uses available by grant of a special permit within the Marlborough Village District. Site plan review applicability includes, but is not limited to, new construction of any building or structure; addition to an existing building or structure; and increase in area of on-site parking or loading areas. [See § 270-2(3).]

(b)

Site plan review shall be conducted administratively, as provided in § 270-2, except for hotel uses and for those projects over 10,000 square feet, which projects shall undergo site plan review by the City Council.

(2)

Provisions for hotel site plan review. Within the Marlborough Village District, all hotel site plan reviews shall be conducted by the City Council. Site plan approval may contain conditions on the design and uses. The occupancy of the hotel may be limited to temporary and short-term occupancy, ordinarily and customarily associated with hotel use. The approval may allow extended stay to be permitted beyond 30 days with approval of the Building Commissioner. The extended stay approval may be granted only when an occupant has a verifiable employment contract or agreement coincident with the length of stay requested. Extended stay may be permitted where the unit is rented by a business entity for use of its employees (customarily referred to as a "corporate unit"), so long as the occupant is an employee or guest of the business entity.

(3)

Provisions for projects over 10,000 square feet. Within the Marlborough Village District, all site plan review for projects over 10,000 square feet shall be conducted by the City Council, which may delegate in part or in whole its site plan review to appropriate department staff who participate in administrative site plan review under § 270-2. This provision applies to new construction, rehabilitation, or alterations that will result in a total project size of over 10,000 square feet.

Special permit granting authority. The City Council shall be the special permit granting authority within the Marlborough Village District.

Design standards.

(1)

The purpose of the following design standards is to promote quality development emphasizing the City's sense of history and desire for contextual, pedestrian-scaled projects. Supporting streamlined development review, design standards are integral to the Marlborough Village District regulations and must be met as part of any site plan review and approval.

(a)

Nonmandatory design guidelines which will complement the design standards of this section and which will provide a guide to the desired appearance and quality of design in the Marlborough Village District will be available at the Building Department and/or on the official website of the City.

(b)

In performing site plan review, the City Council may employ the services of qualified professional consultants as provided under MGL c. 44, § 53G, as amended, entitled "Employment of outside consultants." These services may include those of an urban designer, architect and/or landscape architect.

(2)

All site plan review and approval applications in the Marlborough Village District shall be subject to the following design standards:

(a)

Building scale.

[1]

New buildings and/or substantial alterations shall be pedestrian-oriented and shall reflect the community preference for moderate-scale structures that are in harmony with the existing historic brick structures. Building design shall incorporate features to add visual interest while reducing the appearance of bulk or mass. Such features include varied facades, rooflines, roof heights, materials, and architectural details.

[2]

Buildings shall relate to the pedestrian scale by:

[a]

Including appropriate architectural details to add visual interest along the ground floor of all facades that face streets, squares, pedestrian pathways, parking lots, or other significant pedestrian spaces.

[b]

Articulating the base, middle, and top of the facade by cornices, string cornices, step-backs or other similar features.

[3]

Continuous lengths of flat, blank walls adjacent to streets, pedestrian pathways, or open spaces are discouraged. Continuous blank walls in excess of 50% of the wall frontage are not allowed. If windows cannot be installed, the facade should include different materials or a design element to vary the frontage.

(b)

Roof form.

[1]

Mechanical equipment located on roofs shall be screened, organized and designed as a component of the roof design, and not appear to be a leftover or add-on element.

[2]

Adverse impacts on abutters from vents, HVAC, etc., are to be minimized.

(c)

Entrances.

[1]

For visibility and accessibility, all primary commercial building entrances shall be visible from the right-of-way and the sidewalk and shall have an entrance directly accessible from the sidewalk.

[2]

Doors shall not extend beyond the exterior facade into pedestrian pathways.

[3]

Where parking is located to the rear of a building, any rear entrance is to be visible and accessible from the parking lot. Directional signage to the building entrance(s) shall be installed. All entrances are to have sufficient illumination at nighttime.

(d)

External materials and appearance.

[1]

Predominant wall materials shall be red brick, stone, or precast concrete panels; wood siding may be used where the structures are adjacent to residential districts where the intent is to blend the structure more into the existing neighborhood. If painted, or coated, a nonmetallic finish is to be used. Cladding materials should be consistent on all facades with the exception of special design elements, such as turrets. Materials designed to imitate brick are not permitted.

[2]

The standards for acceptable masonry construction are as follows:

[a]

Acceptable masonry construction will be of standard, fired clay, brick units bonded together with mortar. Acceptable applications include building components, such as walls, stairs, columns, arches, planter beds, etc.

[b]

Utilize bricks which are sound, hard, well-burnt with uniform color, shape and size.

[c]

The bricks should be compact, homogeneous, free from holes, cracks, flaws, air-bubbles, spawls and stone lumps.

[d]

Frogged bricks shall be laid with the frogs pointing upwards.

[e]

Mortar specifications shall comply with relative ASTM standards.

[f]

The properties of masonry units shall comply with the requirements of relevant ASTM standards. Masonry units are classified into the following types: solid, hollow unit, cellular, perforated and frogged.

(e)

Awnings and canopies. Awnings and canopies shall be compatible with the architectural style of the building. Colors and patterns used for awnings and canopies shall be subdued and compatible with existing awnings on adjacent buildings, if any.

(f)

Reflective materials. Except for minor trim, the building shall avoid the appearance of reflective materials, such as porcelain enamel or sheet metal. Window panes shall be nonreflective.

(g)

Transparent windows at ground floor of commercial buildings. Ground floor commercial building facades facing streets, squares, or other significant pedestrian spaces shall contain transparent windows encompassing a minimum of 35% of the facade surface.

(h)

Landscaping and sidewalk amenities. To the maximum extent possible, projects shall provide pedestrian-friendly amenities, such as outdoor seating, patios, porches or courtyards. Window boxes are encouraged. Large windows that open up to provide the experience of open air dining are encouraged. Site landscaping shall be maximized. Links/sidewalks designed to connect Granger Boulevard parking areas with adjacent developments are encouraged to further the goal of providing safe pedestrian access to businesses within downtown Marlborough.

(i)

Service areas, utilities and equipment. Service and loading areas and mechanical equipment and utilities shall be unobtrusive or sufficiently screened so that they are not visible from streets or primary public open spaces, and shall incorporate effective techniques for noise buffering from adjacent uses.

(j)

Vehicle and pedestrian features. Vehicle, pedestrian and bicycle features shall be designed to promote connectivity. Curb cuts shall be minimized.

(k)

Parking. To maintain a pedestrian-friendly environment, motor vehicle parking spaces shall be located behind or beside buildings wherever possible. Parking located directly between the building and the street alignment shall be discouraged.

(l)

Bicycle parking. Bicycle parking shall be provided for all new development and shall be located as close as possible to the building entrance(s). Any property required to have bicycle parking may establish a shared bicycle parking facility with any other property owner within the same block.

(m)

Sustainable building design. It is desirable that new buildings incorporate green building techniques (such as those developed by the United States Green Building Council).

(n)

Historic district. Proposed structures or alterations to existing structures within any historic district shall be allowed the design waivers under § 650-29, but shall otherwise be as consistent as possible with both the historic district (as determined by the Marlborough Historic District Commission) and these design review criteria.

(o)

Other historic or landmark structures. Historic structures not in the historic district but which contribute to the character of the Marlborough Village District shall to the maximum extent possible be preserved.

Parking requirements for the Marlborough Village District.

(1)

General parking requirements. The following provisions are applicable within the Marlborough Village District.

(a)

Residential projects.

[1]

For residential and the residential component of mixed use projects:

[a]

Studio and one-bedroom units: 0.75 space per unit.

[b]

Two-bedroom units: 1.25 spaces per unit.

[2]

Spaces in City-owned garages and lots within 1,000 feet of the development can be counted to fulfill the required spaces, with payment-in-lieu required.

(b)

Retail, restaurant, other business uses.

[1]

Eliminate parking minimums per the existing off-street parking (§ 650-48).

[2]

A maximum of three spaces per 1,000 square feet for these uses.

(c)

Public assembly. For legal occupancy of up to 200 persons, no parking required. Over 200 persons legal occupancy, no parking required for the first 200; thereafter, a minimum of one space per six legal occupants and a maximum of one space per four legal occupants, except that parking may be reduced by special permit if the developer can show that there is adequate public parking available to service the place of assembly during the time that the facility will be used.

(d)

Hotel. Minimum of 0.75 space per room, maximum 1.0 space per room, and no parking required for employees. For hotels with 30 rooms or fewer, spaces in City-owned garages and parking lots within 1,000 feet of the development can be counted to fulfill the required spaces, with payment-in-lieu required.

(2)

Payment in lieu of parking. In the Marlborough Village District, any new commercial or mixed use structure that is required to provide parking spaces may make payments to the City of Marlborough in lieu of providing for all or part of the on-site required parking.

(a)

Payment made to the City of Marlborough in lieu of providing some or all of the required off-street parking spaces for a project in the Marlborough Village District (MV) shall be allowed by right, subject to site plan and design review.

(b)

A one-time fee to be paid shall be $10,000 per parking space, which shall be paid prior to the receipt of an occupancy permit.

(c)

Fees in lieu of parking shall be deposited into the City of Marlborough Downtown Parking Reserve Account, or such account as the City Council shall deem appropriate, to be used solely for expenses related to maintenance and capital repairs to the existing parking garages, improving the utilization of existing parking spaces (e.g., signage, parking management activities), reducing the need for new parking to serve the Marlborough Village District (e.g., bicycle parking, improved transit), or expenses (e.g., land acquisition, design/engineering services and construction costs) related to adding parking spaces. Requests to appropriate funds out of this reserve account, or such account as the City Council shall deem appropriate, shall be filed with the City Council and referred to the appropriate committee of the City Council, which committee shall have 60 days to forward its comments and recommendations before a City Council vote of the appropriation is taken. Fees collected are not to be used for routine parking lot maintenance, such as sweeping or plowing snow, or for salaries of municipal staff.

(3)

Additional reduction in parking requirements. Required on-site parking may be reduced by 10% if one of the on-site spaces is dedicated to use by a car-share service (such as Zipcar) and an agreement with a car-share service to place a vehicle at the site is provided as part of the site plan approval process.

Heights of structures.

[Amended 12-17-2018 by Ord. No. 18-1007404D]

(1)

To encourage redevelopment and reuse of parcels within the Marlborough Village District, minimum and maximum heights are established. Minimum heights shall be 35 feet; maximum height is six stories and up to 70 feet except for where a proposed structure is within 50 feet of a residential district boundary, where the height limit shall be 52 feet. By grant of a special permit, maximum building height; including building areas within 50 feet of a residential district boundary, may be increased to seven stories and up to 85 feet. Height limits do not include roof-mounted mechanical appurtenances; however, said appurtenances, and the screening required for them in § 650-34D(2)(b), shall be subject to site plan review and design standards. Rooftop mechanical equipment, including wireless communications equipment, shall be located and screened to minimize impacts on abutters and the general public. No interior space shall be occupied for any purpose above these height limits. This shall not preclude the use of a flat roof for purposes allowed in this section.

(2)

Roof decks, providing recreation and amenity areas for residents and businesses on the roof above the top story of a building, shall be encouraged in the Marlborough Village District. Roof decks may include open space areas for sitting and gardens; open air areas covered by permanent roofs (flat or sloped); indoor areas for social gathering, meetings, common kitchens, restrooms, and storage; spaces for mechanical equipment; and enclosures for elevators and stairs. The portions of a building designed as a roof deck shall be subject to maximum height restrictions, as may be increased by special permit.

Residential development.

(1)

The maximum number of residential units for which building permits may be issued in a calendar year in the Marlborough Village District is 100, including units developed as part of a mixed use development. This upper limit may be increased by special permit from the City Council.

(2)

Not more than 10% of the units in any proposed development within the Marlborough Village District shall be more than two bedrooms in size.

Private open space.

(1)

Minimum open space. The minimum amount of private open space per residential unit shall be 100 square feet. The open space shall be designed as usable for sitting, recreation, etc., and shall not include the required buffer strips/plantings. Up to 50% of the required private open space may be placed in the building (recreation rooms, pools); as individual unit balconies large enough for a table and chairs; or on the roof of the structure as a garden or sitting area.

(2)

Ground level open space. All or a portion of ground level open space may be reserved for residents of the development, or made available for public use.

(3)

Joint open space. Two or more developments may cooperate to share usable open space on one lot, as long as the minimum square footage per unit is maintained, and the joint open space is within 300 feet of participating developments.

(4)

City Council waiver under site plan review. In development or redevelopment proposals where, because of site-specific circumstances, it is not possible to meet the minimum standards for private open space per unit, or where there is not sufficient space for ground level open space on the parcel, or where it is not desirable or possible to establish the required amount of private open space for other reasons, the City Council, as part of site plan review, may negotiate with the developer and may set other conditions of approval to ensure or encourage other open space benefits, or may waive strict adherence to this provision.

Signage. In addition to the provisions of Chapter 526 of the Marlborough City Code, the following regulations apply within the Marlborough Village District. If the provisions of Chapter 526 conflict with this chapter, the regulations in this chapter apply.

(1)

Display. The City Council may grant a license to display, on the sidewalk, items for sale in the adjacent business, for example flowers and plant materials. The displays must enhance the pedestrian experience and not detract from the Village character.

(2)

Other business signs. To maximize parking and strengthen the business environment, A-frame valet parking signs may be licensed by the City Council after review by the Public Services Committee. An application fee will be required.

(3)

Projecting (blade) signs. It is the intent of this section to allow for the installation of high-quality, artistic, visually appealing projecting (or blade) signs that will enhance the quality of the visitor/patron experience in the Marlborough Village District. Within the Marlborough Village District, one projecting sign per establishment shall be permitted by right, provided that it meets the standards below. All projecting sign applications shall be subject to site plan review and approval. Projecting signs exceeding these dimensions or using materials other than those specified may be allowed by special permit.

(a)

The sign may not exceed six square feet in area (not including the area of the supporting bracket or hanger); the area of a hanging sign with but two parallel display surfaces not over six inches apart shall be determined by the measurement of a single face; for all other configurations, the area of a hanging sign shall be the sum of the areas of all display surfaces.

(b)

For single-story structures, the sign shall not project above the roofline or 18 feet, whichever is lower; for multistory structures, projecting signs may not extend vertically above the window sill of the second story.

(c)

The projecting sign must clear sidewalks by at least eight feet from the bottom of the sign and may project no more than four feet from a building or 1/3 the width of the sidewalk, whichever is less.

(d)

The projecting sign must clear the wall by at least six inches and must project from the wall at an angle of 90°. Angular projection from the corner of a building is prohibited.

(e)

Projecting signs may only be externally lit; no internally lit signs shall be allowed. Lighting shall be properly screened so as to have no impact on abutting properties or any residential or commercial units above the business associated with the blade sign.

(f)

All such projecting signs shall be wood, or have the visual impression of being made of wood, and shall be painted, stained, varnished or otherwise sealed. External finishing of the signs shall be maintained in its original quality; if not, the sign may be ordered to be removed as being in violation of its permit.

(g)

Projecting signs which include three-dimensional elements that symbolically indicate the type of business being advertised are encouraged and may be allowed by site plan review, whether by the City Council or under § 270-2. Any such three-dimensional element may add up to 33% of the allowed sign area, the size of the three-dimensional element to be measured as a cross section of the element perpendicular to the street.

(h)

The area of the blade or projecting sign, but not the additional area occupied by any three-dimensional element of the sign, shall count towards the total sign area (square footage) allowed under Chapter 526, the City of Marlborough Sign Ordinance.

§ 650-35 Hospitality and Recreation Mixed Use Overlay District.

[Added 5-9-2016 by Ord. No. 16-10064430]

Purpose and objectives.

(1)

The Hospitality and Recreation Mixed Use Overlay District (herein, also a "HRMUOD") allows the application of supplemental land use controls within the boundaries of a certain overlay district, subject to City Council approval (hereinafter any reference to City approval shall be deemed to mean approval by the City Council) as an alternative to land use controls that exist in the underlying district(s). The establishment goals of the Hospitality and Recreation Mixed Use Overlay District are to enhance land use development and encourage desired growth patterns for the benefit of the public health, safety and welfare, by promoting integrated, pedestrian-friendly, mixed-use development to allow for the development of hospitality/hotel, recreation, retail and workplaces within close proximity of each other consistent with the stated economic development objectives of the City (collectively herein "mixed-use developments" or "MUD").

(2)

For the purposes of this section, the HRMUOD shall be superimposed on the other districts existing at the time that any land in any said underlying district is also included in the HRMUOD, in accordance with the procedures set forth in Subsection C(3) below. The HRMUOD district is located on the southerly side of Boston Post Road West (Route 20) to the west of Glenn Street to Ames Street, containing approximately 45.2 acres as indicated on the City Zoning Map and more particularly described in Exhibit A, annexed hereto and incorporated by reference herein.[1]

[Amended 11-13-2017 by Ord. No. 16/17-1006443W-2]

[1]

Editor's Note: Exhibit A is on file in the City offices.

(3)

For the purposes of the Zoning Ordinance, a "mixed-use development" or "MUD" shall include any eligible use set forth in Subsection E below, which may be commingled into a single structure or structures with other eligible uses or may be located in separate structures on the site subject to any restrictions and/or limitations set forth in the development agreement described in Subsection C(2) below. Accordingly, mixed-use developments shall benefit the public health, safety and welfare, through the sharing of parking lots and driveway curb cuts, to minimize the amount of impervious paved parking areas, to reduce traffic congestion, to reduce automobile trips, and accordingly to improve air quality.

Authority of permit granting authority.

(1)

The City Council shall be the permit granting authority for special permit approval in the HRMUOD where applicable. In all instances, a development which proceeds under the HRMUOD overlay is subject to site plan approval in accordance § 270-2 of the Marlborough City Code, with the exception that the City Council shall be the permit granting authority for special permit, where applicable, and site plan approval in the HRMUOD.

(2)

The City Council may elect to vary the dimensional and parking requirements of this section by site plan approval if, in its opinion, such change shall result in an improved project and will not nullify or substantially derogate from the intent or purpose of this section. This authority continues subsequent to occupancy.

Master concept plan.

(1)

The property owner/developer of the HRMUOD shall, prior to or simultaneously with the first application for approval of a site plan and/or special permit for the HRMUOD, where applicable, file the following with the City Council for approval:

A master concept plan ("master plan") which shall in a general manner show:
	(i)	The location and areas of proposed development;
	(ii)	Proposed open space (usable or natural);
	(iii)	Proposed site access curb cuts off of Boston Post Road West;
	(iv)	Proposed building "envelope(s)" where construction is anticipated to occur (excluding internal site driveways);
	(v)	Proposed parcel interconnection for vehicular and pedestrian travel both within and to the site;
	(vi)	Wetlands, water supply protection areas, riverfront zones and other significant natural resources, and the relationship of these resources to the proposed development, as well as a description of the mitigation of impacts on the resource;
	(vii)	General locations of proposed bus stops and routes within the site, and commitments to the improvements (shelter, seating and signage) at these stops;
	(viii)	In general, the stormwater management location and methods to be used;
	(ix)	A master signage plan for the premises comprising the HRMUOD setting forth the types, locations and dimensions of signage among other issues at the properties comprising the HRMUOD;
	(x)	A parking plan;
	(xi)	A photometric plan; and
	(xii)	A master landscaping plan for the premises comprising the HRMUOD.
A table showing approximate acres and calculations of the following:
	(i)	Total land area of each development area (building envelope area);
	(ii)	Total development limitations, if any, of uses in any developable area;
	(iii)	Total maximum development (gross square footage/use limitations);
	(iv)	Approximate number of parking spaces for the entire HRMUOD District; and
	(v)	Approximate distribution and allocation of parking spaces relative to the proximity to the uses said parking spaces will be serving.
	(vi)	Total impervious area and percentage of impervious area for each lot.
	(vii)	Total temporary and permanent disturbance within the Water Supply Protection District's fifty-foot buffer area, and percentage of buffer area affected by temporary and permanent disturbance.

The master plan shall be approved by a super-majority (2/3) vote of the City Council at a public meeting and shall thereafter become the general development plan governing development at the HRMUOD. The master plan may be amended from time to time by a super-majority vote (2/3) of the City Council by application from the property owner/developer to reflect changing development conditions.

(2)

A development agreement, in recordable form and binding upon the property owner/developer, shall be required. The development agreement shall be approved by a super-majority (2/3) vote of the City Council prior to the issuances of the first permit/site plan approval for development within the HRMUOD, which shall contain, without limitation, the following:

(a)

Required mitigation (including traffic demand management initiatives), to address the impacts arising out of the use and occupancy of the proposed project, or if at the time of execution such impacts are not known, the methodology for assessing and addressing such impacts as the development of the HRMUOD progresses;

(b)

Restrictions on development areas and such other development limitations as may be agreed upon;

(c)

Proposed phasing of the development of the HRMUOD;

(d)

Obligations with respect to pedestrian and vehicular interconnectivity within the HRMUOD to facilitate pedestrian access and parking efficiencies;

(e)

A requirement that the property owner/developer submit each proposed individual (or group of) building(s) for architectural review by the City Council prior to issuance of a building permit to ensure that the detailed building design will substantially conform in all material respects, including but not limited to building form, motif, shape, grouping of forms, materials and design with the details provided within the master plan and the development agreement. To the extent practicable, and provided the same are commercially reasonable, consistent with the proposed use and requirements of the applicable tenant, and in keeping with the details presented by the property owner/developer within the master plan and the development agreement, the property owner/developer will incorporate comments and input from Council; and

(f)

The authority of the City Council to retain the necessary professionals to assist in its review of development applications.

The development agreement shall govern the implementation of the master plan and development at the HRMUOD.

(3)

Upon approval of the master plan by the City Council, or at such later date as may be specified in the development agreement, this section (§ 650-35 et seq.) of the Zoning Ordinance shall govern the development of all parcels within the HRMUOD, in accordance with the approved master plan. In the event that individual parcels comprising the HRMUOD are under the ownership of different entities, each such entity shall be permitted to seek the approval of a modification [in accordance with the procedures of Subsection C(2), above] to the master plan and development agreement as it applies to each such parcel.

(4)

Separation of the HRMUOD into future separate parcels or leaseholds shall not release any of the owners or leaseholders from obligations under the master plan and development agreement.

Exclusivity/Control. Except as specifically provided herein, uses and provisions of Article V of Chapter 650 (Zoning) relating to the underlying zoning district not otherwise impacted by this section (§ 650-35 et seq.) shall continue to remain in full force and effect provided, however, that the City Council shall be the special permit granting and site plan approval authority, if applicable. This section (§ 650-35 et seq.) of the Zoning Ordinance exclusively controls the establishment, development, and design of any MUD undertaken in the HRMUOD and supersedes any other provision of the Zoning Ordinance, as set forth in Subsection C(3) above; provided, however, that this section supersedes § 650-24 (Water Supply Protection District) only with respect to the fifty-foot no disturbance/buffer zone to a wetland, as set forth in Subsection K(3) below; and provided, further, that the maximum total impervious surface coverage for the HRMUOD shall be 60%, calculated on the entire land area of the HRMUOD and not on an individual lot basis. In the event of any conflict between the provisions of this section (§ 650-35 et seq.) and any other provision of the Zoning Ordinance, the provisions of this section shall govern and control.

Eligible uses. Except as specifically provided herein, any uses which are not permitted, whether as of right or by a special permit, within the Limited Industrial District and within the Business District under § 650-17, Table of Use Regulations, of the Zoning Ordinance, shall be prohibited.

(1)

The following uses are permitted by right in the HRMUOD:

(a)

Medical office and diagnostic medical laboratories appurtenant to offices of physicians, optometrists, dentists, and other medical professionals.

(b)

Retail sales and services, up to 20,000 square feet of gross floor area per establishment and one (1) establishment of up to 85,000 gross square feet.

(c)

Hotels (as defined below) containing not more than 250 keyed sleeping rooms with conference facilities and commercial uses.

For purposes of this Subsection E(1)(c), a "hotel" shall be defined as:

HOTEL — A commercial establishment offering lodging for travelers and other transient guests, that may include uses accessory to the principal use, such as meals, entertainment, retail stores, recreation facilities or other amenities, and subject to the following restrictions:

Individual rooms or lodging units shall not be occupied by guests as their sole residence. Guests may not occupy rooms or lodging units for more than six months in any calendar year without a valid employment contract.

Notwithstanding anything contained herein, any hotel within which more than 10% of the keyed sleeping rooms have permanent cooking facilities shall require a special permit.

(d)

Public or private commercial recreation establishment, indoor/outdoor commercial recreation, recreation grounds, movie theaters or places of amusement.

(e)

Offices, professional offices, banks, insurance and financial institutions.

(f)

Consumer service establishments complementary to the other principal uses.

(g)

Restaurant, cafe with or without table service (including outside seating and service), with or without drive-through, provided that said facilities have no dedicated driveway with a curb cut on a public way.

(h)

Health, sports and fitness clubs (indoor and/or outdoor) and related facilities.

(i)

Up to two drive-through facilities associated with retail (e.g., banks; pharmacies), provided that said facilities have no dedicated driveway with a curb cut on a public way and integrate vehicular circulation with the surrounding site plan and circulation in an efficient manner, except that nothing in this section shall be deemed to prohibit or limit the existing drive-through facility on Assessors Map 78, Parcel 23, nor to prohibit or limit the existing dedicated driveway with a curb cut onto a public way located on Assessors Map 78, Parcel 23, the same being preexisting conditions which shall continue to be allowed notwithstanding anything contained in the HRMUOD to the contrary; however, said existing drive-through facility and existing dedicated driveway with a curb cut onto a public way shall remain subject to § 650-12.

[Amended 11-13-2017 by Ord. No. 16/17-1006443W-2]

(j)

Up to two drive-through facilities associated with food services, provided that said facilities have no dedicated driveway with a curb cut on a public way and integrate vehicular circulation with the surrounding site plan and circulation in an efficient manner, except that nothing in this section shall be deemed to prohibit or limit the existing drive-through facility on Assessors Map 78, Parcel 14A, nor to prohibit or limit the existing dedicated driveway with a curb cut onto a public way located on Assessor Map 78, Parcel 14A, the same being preexisting conditions which shall continue to be allowed, notwithstanding anything contained in the HRMUOD to the contrary; however, said existing drive-through facility and existing dedicated driveway with a curb cut onto a public way shall remain subject to § 650-12.

[Amended 11-13-2017 by Ord. No. 16/17-1006443W-2]

(k)

Taxable schools for business, trade, music, dance, and television or radio broadcasting studios (but not including towers).

(l)

Copy shops, newspaper offices.

(m)

Brew pubs.

(n)

Accessory research, experimental labs and light manufacturing incidental to a medical office, medical laboratories, professional office, or veterinary hospital.

(o)

Accessory solar energy installations.

(p)

Accessory sale of cigars incidental to a business engaged in the sale of beer, wine and/or alcohol.

(q)

Accessory uses.

(2)

The following additional uses are also permitted by special permit in the HRMUOD:

(a)

Any drive-through facilities associated with retail (e.g., banks; pharmacies) beyond the two such facilities permitted by right in the HRMUOD, expressly excluding drive-through facilities located on Assessors Map 78, Parcel 23, which facilities are existing and shall not require a special permit under this section; however, said existing drive-through facilities shall remain subject to § 650-12.

[Amended 11-13-2017 by Ord. No. 16/17-1006443W-2]

(b)

Any drive-through facilities associated with food services beyond the two such facilities permitted by right in the HRMUOD, expressly excluding drive-through facilities located on Assessors Map 78, Parcel 14A, which facilities are existing and shall not require a special permit under this section; however said existing drive-through facilities shall remain subject to § 650-12.

[Amended 11-13-2017 by Ord. No. 16/17-1006443W-2]

(c)

Retail sales and services in excess of 20,000 square feet of gross floor area per establishment [excluding the one establishment of up to 85,000 gross square feet noted in Subsection E(1)(b), above].

(d)

Dry cleaning, excluding so-called dry cleaning drop stores where no dry cleaning is performed on premises which shall be permitted in the HRMUOD as of right.

[Amended 11-13-2017 by Ord. No. 16/17-1006443W-2]

(e)

Veterinary hospitals.

(f)

Car washes.

(g)

Self-service laundry.

(3)

All uses not noted in Subsection E(1) and Subsection E(2) above shall be deemed prohibited in the HRMUOD, including but not limited to the uses listed below, except where so to deem would interfere with or annul any other City of Marlborough ordinance, rule, regulation, permit or license, or any state or federal law or regulation:

(a)

Adult entertainment, including an adult bookstore, adult video store, adult paraphernalia store, adult movie theater, or adult live entertainment establishment.

(b)

Tattoo and body piercing parlors and shops.

(c)

Dye Works.

(d)

Biosafety Level 4 laboratories, as defined by the United States Centers for Disease Control and Prevention.

(e)

Establishments for construction in such services as, but not limited to, building, building maintenance, plumbing, landscaping, electrical, masonry, carpentry, well drilling.

(f)

Electroplating, metal finishing.

(g)

Hazardous and toxic chemical manufacturing.

(h)

Trucking terminal and distribution center.

(i)

Automotive sales and services.

(j)

Retail gasoline, oil and lubrication stations, and tire sales.

(k)

Commercial bakeries.

(l)

On-site sales and rental of heavy machinery and vehicles.

(m)

(n)

Any on-site facility or clinic devoted to the treatment of substance addiction, including any narcotic detoxification and/or maintenance facility.

(o)

Sales of tobacco products, e-smoking products, smoking accessories and paraphernalia, flavored tobacco products, vaping products, and similar products, excepting the sale of cigars within a hotel cigar bar which is accessible to adults only.

Dimensional requirements. The HRMUOD shall be subject to the dimensional standards in accordance with Article VII of the Zoning Ordinance, with the following exceptions:

(1)

The HRMUOD shall consist of one or more lots. There is no minimum acreage requirement for a lot to be a part of the Hospitality and Recreation Mixed Use Overlay District.

(2)

Minimum lot frontage measurement shall be no less than 50 feet for any lot wholly located within the boundaries of the HRMUOD.

(3)

Minimum front yard measurement shall be no less than 20 feet for any lot wholly located within boundaries of a HRMUOD.

(4)

Maximum building height in HRMUOD shall not exceed 80 feet.

(5)

Maximum lot coverage shall be calculated on the entire land area of the HRMUOD and not on an individual lot basis, and shall not exceed 60% of the total area of the HRMUOD.

(6)

Notwithstanding anything contained herein to the contrary, there shall be no setback requirements or planting strips required as to (i) internal lot lines within the HRMUOD, and (ii) parcels outside the HRMUOD that abut the HRMUOD along at least three lot lines.

Parking, curb cut and landscaping requirements. Except as otherwise provided in this section, parking and circulation requirements shall conform with the provisions of § 650-47, § 650-48 and § 650-49 of the Zoning Ordinance.

(1)

General. In the HRMUOD, adequate off-street parking shall be provided. The City Council and the applicant shall have as a goal, for the purposes of defining adequate off-street parking, making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. In implementing this goal, the City Council shall consider complementary or shared use of parking areas by activities having different peak demand times, and the applicant shall locate adjacent uses in such a manner as will facilitate the complementary use of such parking areas. Implementation of such complementary use of parking areas may result in permitted reductions in the parking requirements.

(2)

Parking locations. Parking may be provided at ground level, underground or in a parking garage. Parking garages can be freestanding or as part of buildings dedicated to other permitted uses, but must be integrated into the surrounding site plan and oriented so as to minimize visual impact of the garage on surrounding uses.

(3)

Parking in the HRMUOD shall be at a minimum of one parking space per 333 square feet of net floor area. Each space shall be no less than nine feet by 18 feet, except that the use of compact spaces (no smaller than eight feet by 16 feet) may be utilized throughout the HRMUOD, provided that no more than 33% of the total parking spaces within the HRMUOD shall be compact spaces. Aisle widths shall be a minimum of 11 feet for one-way travel lanes and 22 feet for two-way travel lanes. The master plan is required to show further detail and explanation as to the distribution and allocation of parking space supply relative to the net floor area of each building distributed on the site.

(4)

Landscaping strips. Continuous landscaping strips shall be provided no less than 10 feet to the right-of-way line along Boston Post Road West (Route 20), not including the width of sidewalks, unless the sidewalk is constructed within the right-of-way.

(5)

Planting quantity and spacing along Boston Post Road West (Route 20):

(a)

Plantings shall consist of at least one tree per 50 linear feet of planting area length.

(b)

Plantings may be grouped, not evenly spaced, but groups of trees shall be spaced no further apart than 100 linear feet.

(6)

Location of landscaped islands in parking areas. Landscaped islands shall be contained within or project into a parking lot and be so located that some part of every parking space is not more than 90 feet from a landscaped area on the perimeter or interior of the parking lot.

(7)

Granting of relief from parking, curb cut and landscaping regulations. The City Council may, during the site plan approval process, waive any of the foregoing requirements or the requirements of § 650-47, § 650-48, and § 650-49 if it makes a finding that to do so will enhance the overall design of the HRMUOD.

(8)

In order to enhance the functionality of reduced parking requirements, parking for employees of retail, restaurant, and hotel establishments should be designated in areas of the site which are remote, retaining the most convenient parking locations for patrons of the development's establishments.

Signage. Except as otherwise provided in this section, signage shall conform to the provisions of Chapter 526 of the City Code, the Sign Ordinance. In the event of any conflict between the provisions of this section (§ 650-35 et seq.) and any provision of Chapter 526 of the City Code, the provisions of this section shall govern and control. Subject to approval by the City Council as part of the signage plan pursuant to Subsection C(1)(a)(ix), including but not limited to appearance, the following signs are allowed in the HRMUOD district:

(1)

A maximum of two wall signs, individual-letter signs, logo signs or projecting signs affixed to a building for each store, business or tenant. No sign shall project above the highest line of the roof, parapet or building. Each wall sign, individual-letter sign, or roof sign shall not exceed an area of 2.5 square feet for each linear foot of the storefront, business front or occupied tenant space for each applicable business or tenant advertised. In the event that a storefront, business front or occupied tenant space occupies more than one front of a building, the longest front shall be utilized to calculate the total area per wall sign, individual-letter sign, logo sign or projecting sign (up to a maximum of two). The total area as calculated herein shall be the applicable maximum area for each sign and not split between the two.

(2)

Projecting signs shall not project more than six feet from the building, subject to approval by the City Council as part of the signage plan.

(3)

Illumination, including internal illumination with translucent faces, shall be permitted for wall signs, individual-letter signs, logo signs or projecting signs provided under this section.

(4)

Any business, tenant, or storefront may divide any allowed exterior sign(s) affixed to a wall of the building, to which it is entitled or hereinabove provided, into separate signs affixed to and parallel to such wall; provided, however, that the aggregate area of the separate signs shall not exceed the maximum area allowed under this section for a single exterior sign on the same front.

(5)

A lot in an HRMUOD Zoning District shall be allowed one freestanding pole, monument, ground or pylon sign for every 933 linear feet of cumulative frontage on a street or way, provided that each freestanding sign shall be subject to the following dimensional and lighting requirements:

(a)

The total allowed illuminated cabinet square feet of signage shall not exceed 200 square feet per side, per freestanding sign, exclusive of any electronic messaging board as provided in Subsection H(5)(e) below and exclusive of any sign embellishments, structure and address panels located thereon;

(b)

The height of any freestanding sign shall not exceed 30 feet from the ground measured directly at the sign base;

(c)

No freestanding sign shall be located closer than five feet to any property line, provided that there shall be no setback requirements to interior lot lines within the HRMUOD;

(d)

Signs, logos or cabinets may be either externally illuminated or internally illuminated with translucent or transparent faces; and

(e)

Electronic messaging boards shall be subject to the provisions of § 526-13 of the City Code, except as expressly approved by the City Council; provided, however, that one double-sided electronic messaging board ("EMB") in the HRMUOD shall be allowed by right with a display area of up to 60 square feet. Notwithstanding the provisions of § 526-13 of the City Code, the EMB within the HRMUOD may: 1) be located as the uppermost element of the pylon/monument sign upon which it is attached; 2) may display no more than four colors from sunrise to sunrise within background, field and message during any single display or message; 3) may present logos; and 4) may have a minimum display time of 20 seconds.

(6)

During construction, one freestanding pole, ground, monument or pylon sign per 500 linear feet of cumulative frontage on a street or way, or wall sign where applicable, may be erected or installed advertising the rental, lease or sale of the premises, or portions thereof, provided that said signs shall be removed within seven days of the rental, lease or sale of the premises (or applicable portions thereof).

(7)

Wire frame signs and A-frame signs are prohibited.

(8)

The City Council may elect to vary the requirements of this section by site plan approval if, in its opinion, such change shall result in an improved project and will not nullify or substantially derogate from the intent or purpose of this section. This authority continues subsequent to occupancy.

(9)

Lawful signage which exists on the date of approval of this amendment to § 650-35 H. at or on Assessor's Map 78, Parcel 14A, and Assessors Map 78, Parcel 23, shall continue to be allowed, notwithstanding anything contained in the HRMUOD to the contrary; however any changes or alterations to said existing signage, whether on or outside of the buildings located on said parcels, including any freestanding signs, shall be in conformity with § 650-35 H and subject to approval of the City Council.

[Amended 11-13-2017 by Ord. No. 16/17-1006443W-2]

Application.

(1)

Special permits. An application for a special permit for a use in the mixed-use development in the HRMUOD shall comply with the requirements of § 650-59 et seq. of the Zoning Ordinance.

(2)

Site plan approval. An application for site plan approval shall comply with the requirements of Chapter 270 the City Code, Article II, Permits and Approvals, § 270-2 et seq.

Site plan approval design criteria. An application for site plan approval under this section shall adhere to the following design criteria, in addition to those specified in § 270-2 of the Marlborough City Code:

(1)

Compliance of sidewalks with Americans with Disabilities Act (ADA) design standards;

The placement of utilities and wiring underground, to the extent practical;

ii.

The placement of HVAC equipment, fans, generators, and other site-related structures and items so that they are not visible on roofs or building frontage areas, or that such features are suitably screened from view wherever reasonably practicable and where elevation permits;

iii.

Pedestrian amenities: sidewalks to provide access from internal site uses to Route 20, between parking areas and uses, and between sites;

iv.

Lighting. The applicant shall consider the following standards when designing a lighting plan:

The use of lighting should be integrally designed as part of the built environment and should reflect a balance for the lighting needs with the contextual ambient light level and surrounding nighttime characteristics which are appropriate for the uses;

The lighting designers shall consider utilizing lighting designs with automatic controls systems wherever possible;

Architectural lighting may be utilized to highlight special site features and areas;

Landscape lighting may be utilized to accent landscaping and special site features;

All lighting proposed shall be sensitive to the night sky, utilizing Illuminating Engineering Society of North America (IESNA) guidance for any lighting design;

On-site lighting shall not be directed towards Glen Street;

A lighting plan, as applicable, shall be included with any application for site plan approval.

Standards for roadways, drainage and water supply protection.

(1)

Roadways. Internal HRMUOD roadways shall be private ways and shall be maintained by the owners/developers of the HRMUOD and portions thereof. Private ways within the HRMUOD, to the extent feasible, shall be constructed using the methods and materials prescribed in the Rules and Regulations for the Subdivision of Land in the City[2], but shall not be required to conform to the subdivision standards or dimensional requirements thereof, provided that those private roadways shall be adequate for the intended vehicular and pedestrian traffic and shall be maintained by the owner/developer or an association of owners. The design of private ways and parking circulation should be as efficient as possible to reduce the overall development impact and area of impervious surfaces.

[2]

Editor's Note: See Ch. A676, Subdivision Regulations.

(2)

Stormwater management system. The HRMUOD shall have a stormwater management system designed in accordance with the Rules and Regulations for the Subdivision of Land in the City and the Department of Environmental Protection's Storm Water Management Guidelines and the City's Stormwater Ordinance (Chapter 271) and Water Supply Protection District ordinance (§ 650-24), as amended.

(3)

The HRMUOD shall comply with the provisions of § 650-24 (Water Supply Protection District). The City Council may waive the provisions of § 650-24F(8) with regard to a fifty-foot no-disturbance/buffer zone to a wetland within the Water Supply Protection District if, upon a review of additional information provided, a similar or greater protection is provided to the water supply with a buffer less than 50 feet but in no case less than 20 feet. Notwithstanding anything contained herein to the contrary, in no event shall the owner/developer be permitted to cause a temporary disturbance of more than 20% of the total area of the fifty-foot no-disturbance/buffer zone located within the HRMUOD, and in no event shall the owner/developer be permitted to create a permanent encroachment of impervious surface of more than 6% of the total area of the fifty-foot no-disturbance/buffer zone located within the HRMUOD. Additional on-site and off-site protection measures near the water supply may be required in exchange for encroachment into the fifty-foot wetland buffer.

Modifications.

(1)

After approval, the owner/developer of the HRMUOD or any individual applicant may seek modifications to any approved special permits or site plan approvals.

(2)

Special permits. Major modifications to a special permit may be granted by a supermajority 2/3 vote of the City Council, and minor modifications to a special permit may be granted by the Building Commissioner. It shall be a finding of the City Council, not subject to dispute by the applicant, whether a requested modification to a special permit is deemed to be a major or a minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment or the neighborhood. Where the effect of a modification to a special permit is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten-percent or greater variation from the applicable approval; provided however, that said modification would not result in a violation of any provision of this section. If it is determined that a modification to a special permit is not minor, per § 650-59 of the Zoning Ordinance, an application for a revised special permit shall be filed, and a public hearing shall be held in the same manner as required for a new application, subject to the fee schedule under § 650-59C(3)(f).

(3)

Site plan approvals. Major amendments to a site plan approval may be granted by a majority vote of the City Council, and minor amendments to a site plan approval may be granted by the Building Commissioner. It shall be a finding of the Building Commissioner, not subject to dispute by the applicant, whether a requested modification to a site plan approval is deemed to be a major or a minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment or the neighborhood. Where the effect of a modification to a site plan approval is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten-percent or greater variation from the applicable approval; provided however, that said modification would not result in a violation of any provision of this section. If it is determined that a modification to a site plan approval is not minor, an application for a revised site plan approval shall be filed in accordance with the requirements of the City Code, Chapter 270, Building and Site Development, Article II, Permits and Approvals, § 270-2 et seq.

§ 650-36 Executive Residential Overlay District. [1]

[Added 6-3-2019 by Ord. No. 19-1007533E]

Purpose and objectives. The Executive Residential Overlay District (EROD) allows the application of supplemental land use controls within the boundaries of a certain overlay district, subject to City Council approval, as an alternative to land use controls that exist in the underlying district(s). The establishment goals of the EROD are to enhance land use development and encourage desired growth patterns for the benefit of the public health, safety, and welfare by promoting integrated, pedestrian friendly, residential and mixed-use development with convenient access to employment options in Marlborough's southwest quadrant and along Interstate 495.

Location of EROD; development phasing.

(1)

For the purposes of this section (§ 650-36, et seq.), the EROD is located on the easterly side of Simarano Drive between the Interstate 495 Interchange and Cedar Hill Road containing approximately 43 acres as indicated on the City Zoning Map and more particularly described in Exhibit A annexed hereto and incorporated by reference herein.[2]

[2]

Editor's Note: Exhibit A is on file in the City offices.

(2)

Within the EROD, there may be one or more phases of development (ERO Phase). Each ERO Phase may consist of one or more parcels of land and may include any eligible use set forth in Subsection D below, which may be commingled within a single structure or located in separate structures on one or more parcels. Parcels within the EROD may be combined or subdivided and held under separate ownership or leaseholds. Each ERO Phase shall be subject to site plan approval.

(3)

Upon the issuance of site plan approval for an ERO Phase on a parcel or parcels in the EROD, this section (§ 650-36, et seq.) shall govern said parcel as developed in accordance with the site plan approval.

(4)

Except as specifically provided herein, the provisions of the Zoning Ordinance relating to the underlying zoning districts not otherwise impacted by this section (§ 650-36, et seq.) shall continue to remain in full force and effect. In the event of any conflict between the provisions of this section (§ 650-36, et seq.) and any other provision of the Zoning Ordinance, the provisions of this section (§ 650-36, et seq.) shall govern and control.

Authority of permit granting authority.

(1)

The City Council shall be the permit granting authority for special permits and site plan approvals in the EROD. Special permits shall require a two-thirds-vote of the City Council, except when only a simple majority vote is required pursuant to MGL c. 40A, § 9; site plan approvals shall require a simple majority vote.

[Amended 6-26-2023 by Ord. No. 23-1008872B]

(2)

At the request of an applicant as part of an initial application or as part of a modification pursuant to Subsection H, the City Council may elect to vary the dimensional, parking, design, and landscaping requirements applicable to an ERO Phase by site plan approval upon finding that such change shall result in an improved design and will not nullify or substantially derogate from the intent or purpose of this section (§ 650-36, et seq.).

(3)

An application for site plan approval for an ERO Phase shall comply with Chapter 270 of the Marlborough City Code. An application for a special permit for a use in the EROD shall comply with the requirements of § 650-59 of the Zoning Ordinance.

Eligible uses.

(1)

The following uses are permitted by right in the EROD:

(a)

Uses allowed by right in the underlying zoning district, as set forth in the Table of Use Regulations,[3] including but not limited to offices, banks, and insurance and financial institutions.

[3]

Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.

(b)

Accessory uses, as defined in § 650-5B.

(2)

The following additional uses are permitted by special permit in the EROD:

(a)

Multifamily dwellings, provided that the total number of units within the entire EROD shall not exceed 475.

(b)

Restaurant, cafe with or without table service (including outside seating and service) without drive-through.

(c)

Restaurant, cafe with or without table service (including outside seating and service) with drive-through, provided that said facilities have no dedicated driveway with a curb cut on a public way.

(d)

Health, sports and fitness clubs (indoor and/or outdoor) and related facilities.

(e)

Retail sales and services.

(f)

Brew pubs.

(g)

Distilleries with attached restaurants.

(h)

Accessory solar energy installations, including but not limited to rooftop systems and solar parking canopies.

(i)

Uses allowed by special permit in the underlying zoning district.

(j)

Mixed-use development, consisting of a combination of by right or special permit residential/business uses as listed in this section (§ 650-36, et seq.).

[Added 6-26-2023 by Ord. No. 23-1008872B]

(3)

All uses not specified in Subsection D(1) and (2) above shall be deemed prohibited in the EROD.

(4)

Once an ERO Phase receives site plan approval:

(a)

An individual as-of-right use within the ERO Phase may be changed without further site plan approval, unless such change otherwise requires Site Plan Approval under § 270-2 of the Marlborough City Code or a modification to a Site Plan Approval under Subsection H(3); and

(b)

An individual use already granted a special permit within the ERO Phase may be changed upon the grant of a new or modified special permit, as appropriate, for that changed use, and will be subject to Site Plan Approval; provided, however, that if the change is to an as-of-right use in the EROD, no further Site Plan Approval is required unless such change otherwise requires Site Plan Approval under § 270-2 of the Marlborough City Code or a modification to a Site Plan Approval under Subsection H(3).

(5)

Multifamily dwellings in the EROD shall be subject to § 650-26 of the Zoning Ordinance.

Dimensional requirements.

(1)

Notwithstanding any provisions of the Zoning Ordinance to the contrary, development in the EROD shall be subject to the following dimensional standards:

(a)

Minimum lot area: none.

(b)

Minimum lot frontage: none.

(c)

Minimum front yard or setback from a public way: 20 feet.

(d)

Minimum side and rear yard: 25 feet.

(e)

Maximum building height: 80 feet, no limitation on stories.

(f)

Maximum lot coverage: 60%, over the entire EROD.

(2)

Notwithstanding anything contained herein to the contrary, there shall be no yard or setback requirements, or planting strips required as to internal lot lines within the EROD.

Parking requirements.

(1)

Parking locations. Parking may be provided at ground level, underground, or in parking garages. Parking garages may be freestanding or part of buildings dedicated to other permitted uses. Parking garages may contain accessory solar energy installation.

(2)

Minimum required parking spaces. An ERO Phase shall provide parking as follows: one parking space per bedroom; one parking space per 250 square feet of office space; one parking space for every three seats plus one parking space for every three employees for a restaurant or other food/beverage service use; and one parking space for each 100 square feet of public floor area of other commercial space; provided, however, that the City Council may, through Site Plan Approval, authorize a reduction in the required number of parking spaces upon finding that the parking provided for the ERO Phase is sufficient to meet demand.

(3)

Parking space dimensions. Each parking space shall be no less than nine feet by 18 feet, except that the use of compact spaces (no smaller than eight feet by 16 feet) may be utilized throughout provided that no more than 33% of the total parking spaces within an ERO Phase shall be compact spaces.

(4)

Except as otherwise provided in this section (§ 650-36, et seq.), parking and circulation requirements in the EROD shall conform to the provisions of §§ 650-48 and 650-49 of the Zoning Ordinance.

Design standards.

(1)

Design criteria. An application for Site Plan Approval under this section (§ 650-36, et seq.) shall adhere to the design criteria specified in § 270-2 of the Marlborough City Code.

(2)

Roadways. To the extent feasible, internal roadways shall be constructed using the methods and materials prescribed in the Rules and Regulations for the Subdivision of Land in the City but shall not be required to conform to the subdivision standards or dimensional requirements thereof, provided that those roadways shall be adequate for the intended vehicular and pedestrian traffic. The design of ways and parking circulation should be as efficient as possible to reduce the overall development impact and area of impervious surfaces.

(3)

Landscaping. Landscaping in the EROD shall conform to the provisions of § 650-47 of the Zoning Ordinance.

(4)

Stormwater management system. An ERO Phase shall have a stormwater management system designed in accordance with the Rules and Regulations for the Subdivision of Land in the City, the Department of Environmental Protection's Storm Water Management Guidelines, and the City's Stormwater Ordinance, Chapter 271 of the Marlborough City Code.

(5)

Signage. Except as otherwise provided in this section (§ 650-36, et seq.), signage shall conform to the provisions of Chapter 526 of the Marlborough City Code.

Modifications.

(1)

After approval, applicants may seek modifications to any approved special permits or Site Plan Approvals.

(2)

Special permits. Major modifications to a Special Permit may be granted by a two-thirds-vote of the City Council, and minor modifications to a Special Permit may be granted by the Building Commissioner. The Building Commissioner shall have jurisdiction to determine whether a requested modification to a Special Permit is major or a minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment, or the neighborhood. Where the effect of a modification to a Special Permit is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten-percent or greater variation from the applicable approval; provided, however, that said modification would not result in a violation of any provision of this section (§ 650-36, et seq.). If it is determined that a modification to a Special Permit is not minor, per § 650-59 of the Zoning Ordinance, an application for a revised Special Permit shall be filed, and a public hearing shall be held in the same manner as required for a new application.

(3)

Site plan approvals. Major modifications to a Site Plan Approval may be granted by a majority vote of the City Council, and minor modifications to a Site Plan Approval may be granted by the Building Commissioner. The Building Commissioner shall have jurisdiction to determine whether a requested modification to a Site Plan Approval is major or a minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment, or the neighborhood. Where the effect of a modification to a Site Plan Approval is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten-percent or greater variation from the applicable approval; provided, however, that said modification would not result in a violation of any provision of this section (§ 650-36, et seq.). If it is determined that a modification to a Site Plan Approval is not minor, an application for a revised Site Plan Approval shall be filed in accordance with the City Council's Rules for Site Plan Approval.

[1]

Editor's Note: Former § 650-36, Temporary moratorium on recreational marijuana establishments and sale of marijuana accessories, added 3-19-2018 by Ord. No. 18-1007177B, expired 12-31-2018 and was removed from the Code.

§ 650-37 Special Provisions Applicable to the Wayside Zoning District

Within the Wayside Zoning District, the following provisions govern. Where these provisions conflict with other sections of the Zoning Chapter, the provisions of this section shall apply.

Purpose and vision. The purpose of the Wayside Zoning District is to encourage compact mixed-use development that encourages walking and biking with development that will enhance compatible land uses and encourage desired growth patterns to improve a traditionally automobile-oriented commercial corridor for the benefit of public health, safety and welfare by promoting integrated, pedestrian-friendly, commercial mixed-use development, including retail, housing, and workplaces within close proximity to each other that are consistent with the stated economic development objectives of the City, contribute to enhanced streetscape, and designed to further promote livability and quality of life within the district.

(1)

Commercial mixed-use development.

(a)

For the purposes of this zoning district, a commercial mixed-use development shall include any eligible use set forth in Subsection E below which shall be commingled into a single structure or multiple structures with other eligible uses on the same property. Accordingly, commercial mixed-use developments shall benefit the public health, safety and welfare, through the sharing of parking lots and driveway curb cuts, to minimize the amount of impervious paved parking area and driveway curb cuts, to reduce automobile trips and traffic congestion, and accordingly to improve air quality.

(b)

All developments shall be designed to be pedestrian-friendly, and that shall include site design, building layout, and pedestrian circulation features and amenities in compliance with the design standards of this zoning district. Pedestrian-friendly developments shall benefit the public health, safety and welfare through the encouragement of walking and physical activity.

Site plan review. Projects within the Wayside Zoning District shall be subject to site plan review as provided in § 270-2, entitled "Site plan review and approval," of the Marlborough City Code.

(1)

Applicability.

(a)

In all instances, a development which proceeds within the Wayside Zoning District is subject to site plan approval in accordance with § 270-2 of the Marlborough City Code.

(b)

Site plan review applies to both as of right and uses available by grant of a special permit within the Wayside Zoning District. Site plan review applicability includes, but is not limited to, new construction of any building or structure; addition to an existing building or structure; and increase in area of on-site parking or loading areas. [See § 270-2A(3).]

(c)

Site plan review shall be conducted administratively as provided in § 270-2, except for uses that are both over 10,000 square feet of building footprint and do not require a special permit, which projects shall undergo administrative site plan review with final review and approval by the City Council.

(d)

The City Council may elect to vary the dimensional and parking requirements of this section by special permit or site plan approval if, in its opinion, such change shall result in an improved project and will not nullify or substantially derogate from the intent or purpose of this section. This authority continues subsequent to occupancy.

Special permit granting authority. The City Council shall be the special permit granting authority within the Wayside Zoning District.

Exclusivity/control. This section of the Zoning Chapter exclusively controls the establishment, development, and design of any development undertaken in the Wayside Zoning District and supersedes any other provision of the Zoning Chapter. In the event of any conflict between the provisions of this section and any other provision of the Zoning Chapter, the provisions of this section shall govern and control.

Eligible uses. Except as specifically provided herein, any uses which are not permitted, whether as of right or by a special permit, within the Wayside Zoning District under § 650-17, Table of Use Regulations, of the Zoning Chapter, shall be prohibited. Uses allowed as of right and uses allowed by special permit are encouraged to be combined as a commercial mixed-use development. All uses noted as not permitted shall be deemed prohibited, except where to so deem would interfere with or annul any other City of Marlborough ordinance, rule, regulation, permit or license, or any state or federal law or regulation.

Dimensional requirements. Dimensional requirements are set forth in § 650-41, Table of Lot Area, Yards and Height of Structures," as specified for the Wayside Zoning District. The special permit height of 85 feet shall step down to 52 feet when the building is within 50 feet setback from a property line that abuts a residential district.

Parking, curb cut and landscaping requirements. Except as otherwise provided in this section, parking, circulation and landscape requirements shall conform to the provisions of §§ 650-47, 650-48 and 650-49 of the Zoning Chapter.

(1)

Parking locations.

(a)

Parking shall be located to the side and/or rear of all new building structures that front on Route 20 East, an existing connecting street, or a new internal access street.

(b)

Parking may be provided at ground level, underground, or in a parking garage. Parking garages can be freestanding or as part of buildings dedicated to other permitted uses but must be integrated with the surrounding site plan and oriented so as to minimize visual impact of the parking garage on surrounding uses.

(2)

Parking access. Where a proposed parking lot is adjacent to an existing parking lot of a similar use, providing vehicular and pedestrian connections between the two parking lots shall be required. This access shall allow vehicular circulation between parking areas without the need to travel on Route 20. This access shall allow the unobstructed flow of pedestrians between adjacent properties, businesses, and parking areas. A sidewalk shall be provided on at least one side of the driveway.

(3)

Parking requirements. Parking in the Wayside District shall be provided at a minimum of one parking space per 250 square feet of net floor area for retail and restaurant uses. Parking for other commercial uses shall be provided at a minimum of one parking space per 350 square feet of net floor area. Parking for residential units shall be provided at a minimum of one parking space per unit.

(4)

Curb cuts. Curb cuts shall be minimized. Vehicular access shall be provided through one of the following methods:

(a)

Through the use of a common driveway serving multiple lots; or

(b)

Through the use of an existing side or rear street; or

(c)

Through the reduction in the number of existing curb cuts or the reduction of the width of existing curb cuts.

Design standards. In addition to the following design standards which apply to all developments within the Wayside Zoning District, commercial mixed-use development that includes residential development shall incorporate design guidance from the City of Marlborough Multifamily Development Review Criteria and Design Guidelines as adopted by the City Council.

(1)

Site layout.

(a)

Site and building layout. Buildings shall be located in close proximity to streets with the primary building frontage(s) oriented to street frontage(s) and to define outdoor spaces in coordination with adjacent buildings located on the same property or abutting property.

(b)

Site and parking layout. Parking shall be located to the rear or to the side of buildings that front on a street. Where an existing parking lot is in front of a building that will be redeveloped, landscaping shall be placed to screen parking and enhance the visual appeal of the site and street frontage. Where a new parking lot is to the side or rear of a building, but adjacent to a street, landscaping shall be used to screen the parking and reduce the visual impact of the parking as viewed from the street.

(c)

Site buffer. The setback abutting an existing residential or industrial use shall include landscape plantings and features that screen and separate adjacent residential or business uses from new commercial mixed-use development. This requirement does not need to be provided where adjacent to an existing commercial mixed-use development, retail, or restaurants.

(2)

Pedestrian and bicycle circulation.

(a)

Pedestrian circulation. Safe, convenient, and attractive pedestrian circulation shall be incorporated into the site plan design. Where appropriate, new pedestrian and bicycle paths shall connect the site with abutting sidewalks, trails, amenities, or parks to promote pedestrian and bicycle circulation and safety. Where appropriate, pedestrian access should be expanded into a shared-use path to provide safe, convenient, and attractive bicycle access. Where parking is located to the rear of the building, pedestrian access via a pedestrian-oriented alley or walkway through to the primary street is encouraged.

(b)

Pedestrian connections. Sidewalks shall provide access from internal site uses, building entries, and parking areas to Route 20 and between adjacent sites.

(c)

Bicycle amenities. All developments shall include provisions for the parking of bicycles at locations that are safely separated from vehicular and pedestrian circulation and convenient to building entries. Bicycle racks shall be placed as not to obstruct pedestrian walkways or impede the parking area for automobiles.

(3)

Outdoor pedestrian spaces.

(a)

Usable outdoor pedestrian space. Buildings and site features shall be arranged to create functional public and private outdoor spaces, including sidewalks, patios, entryways, courtyards, and other types of spaces. Usable and accessible outdoor pedestrian space shall be provided and integrated with the site plan and building design. Such outdoor pedestrian spaces shall enhance visual connections between buildings, streets, open spaces, and pedestrian circulation. Outdoor pedestrian spaces shall be set back from major vehicular ways and be of a scale that is appropriate to the anticipated level of foot traffic.

(b)

Location of outdoor seating. Outdoor seating areas may be provided for restaurants, cafes, coffee shops, or other establishments with seating and may overlap with outdoor pedestrian spaces. Outdoor pedestrian spaces and seating areas shall be oriented to street frontage, with side streets and secondary access streets the preferred locations, and integrated with the streetscape. Amenities and seating shall not reduce the required sidewalk widths or impact pedestrian or bicycle circulation.

(4)

Building design.

(a)

Mixed uses. The Wayside Zoning District shall benefit from mixed-use development that combines several uses that are allowed as of right or by special permit in the district. These uses could be provided in a cluster of separate buildings or combined vertically in a single building. A mix of uses in close proximity shall be used to create smaller, walkable clusters that enhance the Route 20 East corridor and provide opportunities for residents and patrons to circulate between uses without the use of a vehicle.

(b)

Facade step back. A step back in the facade of a building shall occur at the upper floor(s) for all buildings above three stories in height. For example, the fourth story of a four-story building shall be recessed from the lower three stories of the primary facade with a step back. Or, the fourth and fifth story of a five-story building shall be recessed from the lower three stories of the primary facade with a step back. Five feet shall be the minimum step back.

(c)

Multiple buildings. In mixed-use developments with multiple buildings, recurring forms and materials shall be used to unify the development while establishing an overall hierarchy of buildings for visual interest and orientation.

(d)

Define corners. Prominent corners of sites and buildings should be defined and celebrated by the layout and design of the building(s). Prominent building corners may use design elements, such as towers, arches, unique building massing, or roof forms to serve as identifiable and memorable landmarks.

(e)

Roof forms. Gable, hip, mansard, gambrel, stepped, and peaked roofs add variety and interest to buildings and shall be incorporated into mixed-use developments. Flat roofs may be incorporated into the roof design with other roof forms and features.

(f)

Blank walls. Large portions of building facades which are unarticulated or blank walls shall be avoided through the careful placement of doors, windows, facade features, and transitions in facade materials and finishes.

(g)

Design quality. Building massing and facade design shall be of a high quality with well-composed and articulated building forms using a variety of techniques to create visual interest and character with architectural details, vertical and horizontal projections and recesses, changes in height, roof forms, cornice treatments, pilasters, window reveals, materials, colors, and prominent building entrances or other design features.

(h)

Building materials. Use of traditional, natural, and sustainable building materials, such as wood, brick, and stone, shall be preferred over other synthetic materials.

Signage.

(1)

Except as otherwise provided in this section, signage shall conform to the provisions of Chapter 526 of the City Code, the Sign Ordinance.

(a)

Signage plan. A master sign plan for the premises shall be provided for review and approval by the City Council, setting forth the types, locations and dimensions of proposed signs.

(b)

(c)

Projecting signs shall not project more than six feet from the building, subject to approval by the City Council as part of the signage plan.

(d)

Signs, logos or cabinets should be externally illuminated where possible, otherwise with translucent or transparent faces if no reasonable alternative is possible.

(e)

(f)

A lot shall be allowed one freestanding pole, monument, ground or pylon sign for frontage on Route 20 East, provided that each freestanding sign shall be subject to the following dimensional and lighting requirements:

[1]

The total allowed illuminated cabinet square feet of signage shall not exceed the total area allowed for a freestanding sign as per § 526-9C, exclusive of any sign embellishments, structure and address panels located thereon;

[2]

The height of any freestanding sign shall not exceed 30 feet from the ground measured directly at the sign base;

[3]

No freestanding sign shall be located closer than five feet to any property line;

[4]

Signs, logos or cabinets should be externally illuminated where possible, otherwise with translucent or transparent faces if no reasonable alternative is possible; and

[5]

Wire frame signs and A-frame signs are prohibited.

Application.

(1)

Special permits. An application for a special permit for a use in a development in the Wayside Zoning District shall comply with the requirements of § 650-59 of the Zoning Ordinance.

(2)

Site plan approval. An application for site plan approval in the Wayside Zoning District shall comply with the requirements of Chapter 270 of the City Code, Article II, Permits and Approvals, § 270-2.

Site plan; special permit approval review criteria.

(1)

Review criteria. In connection with a special permit and/or site plan application in the Wayside Zoning District, such applications shall be reviewed with respect to the following additional review criteria:

(a)

Compliance of the design with the design standards in the above Subsection H;

(b)

Compliance of sidewalks with Americans with Disabilities Act (ADA) design standards;

(c)

Scale of buildings relative to surroundings and relative to City of Marlborough Multifamily Development Review Criteria and Design Review Guidelines;

(d)

Quality of design and materials for building facades visible from public ways;

(e)

Quality of design and materials for public space; and

(f)

Placement of utilities and wiring underground, to the extent practical.

(2)

Submission requirements:

(a)

Site plan depicting proposed development, buildings, parking, vehicular, pedestrian, and bicycle circulation, open space;

(b)

Building elevations;

(c)

Landscape plan;

(d)

Lighting plan with photometrics; and

(e)

Site and building signage plan.

Standards for roadways and drainage.

(1)

Roadways. Internal Wayside Zoning District roadways shall be private ways and shall be maintained by owners/developers of the Wayside Zoning District and portions thereof. Private ways within the Wayside Zoning District, to the extent feasible, shall be constructed using the methods and materials prescribed in the City of Marlborough Subdivision Regulations,[1] but shall not be required to conform to the dimensional requirements thereof, provided that those private roadways shall be adequate for the intended vehicular and pedestrian traffic and shall be maintained by the owner/developer or an association of owners.

[1]

Editor's Note: See Ch. A676, Subdivision Regulations.

(2)

Stormwater management system. Developments proposed in the Wayside Zoning District shall have a stormwater management system designed in accordance with the City of Marlborough Subdivision Regulations, the Department of Environmental Protection's Storm Water Handbook, and the Standards and the City's Stormwater Ordinance (Chapter 271 of the City Code), as amended. The stormwater design shall infiltrate all stormwater on site and avoid runoff onto adjacent properties and is encouraged to integrate bioswales, rain gardens, or other surface stormwater treatment features that are integral to the function of the site's stormwater management and highlighted as a landscape feature.

Amendments. After approval, the owner/developer may seek amendments to the approved permits. For special permits, amendments may be granted by a two-thirds vote of the City Council. For site plan approvals, amendments may be granted by a majority vote of the City Council. The Building Commissioner shall be responsible for determining whether a project change is major or minor. Minor project changes may be made by the Building Commissioner, and major project changes by the permit granting authority. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce more than a material increase in impact on City services, the environment or the surrounding neighborhood. If it is determined that revisions to a special permit are not minor, per § 650-59 of the Zoning Chapter, an application for a revised special permit shall be filed, and a public hearing shall be held in the same manner as required for a new application, subject to the fee schedule under Subsection C(3) of § 650-59.

§ 650-38 Large-scale Ground-mounted Solar Photovoltaic Overlay District.

[Added 8-24-2020 by Ord. No. 20-1007975D]

Purpose and objectives:

(1)

The Large-scale Ground-mounted Solar Photovoltaic Overlay District (herein, also an "LGSPOD") allows the application of supplemental land use controls within the boundaries of a certain overlay district as an alternative to land use controls that exist in the underlying district(s). The purpose of this section is to provide standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and which provide adequate financial assurance for the eventual decommissioning of such installations.

(2)

The provisions set forth in this section apply to the construction, operation and/or repair of large-scale ground-mounted solar photovoltaic installations.

(3)

This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.

Designation of overlay location; as-of-right use. For the purposes of this section, the LGSPOD shall be superimposed on the other district(s) existing at the time that any land in any said underlying district is also included in the LGSPOD, as designated by the Marlborough City Council in accordance with MGL c. 40A, § 5, where ground-mounted large-scale solar photovoltaic installations may be sited as of right. Except as specifically provided herein, uses and provisions of Article V of Chapter 650 relating to the underlying zoning district not otherwise impacted by this section shall continue to remain in full force and effect. In the event of any conflict between the provisions of this section and any other provisions of the Zoning Ordinance, the provisions of this section shall govern and control. The LGSPOD Overlay Zoning District is located on parcels identified in Exhibit A annexed hereto and incorporated by reference herein,[1] and as indicated on the Zoning Map of the City of Marlborough. Said map is hereby made a part of this chapter and is on file in the office of the City Clerk.

[1]

Editor's Note: Said exhibit is included as an attachment to this chapter.

Definitions. As used in this section, following terms shall have the meanings indicated:

AS-OF-RIGHT SITING

Development under this section may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval; however, said as-of-right development is subject to site plan review as provided under Chapter 270 of the Code of the City of Marlborough and this section. Projects cannot be prohibited but can be subject to reasonable regulation.

LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION

A solar photovoltaic system that is structurally mounted on the ground, is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).

SITE PLAN REVIEW

Review by site plan review conducted administratively in accordance with the procedures as governed by § 270-2 of the Code of the City of Marlborough and this section.

SOLAR PHOTOVOLTAIC ARRAY

An arrangement of solar photovoltaic panels.

SOLAR PHOTOVOLTAIC INSTALLATION

A solar photovoltaic array that is constructed at a location where other allowable uses of the underlying property may occur.

General requirements for all large-scale ground-mounted solar photovoltaic installations. The following requirements are common to all large-scale ground-mounted solar photovoltaic installations to be sited in designated overlay locations:

(1)

Compliance with laws, ordinances and regulations. The construction and operation of all large-scale ground-mounted solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable security, safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a large-scale ground-mounted solar photovoltaic installation shall be constructed in accordance with the State Building Code.

(2)

Building permit and building inspection. No large-scale ground-mounted solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

(3)

Fees. The application for a building permit for a large-scale ground-mounted solar photovoltaic installation must be accompanied by the fee required for a building permit.

(4)

Site plan review. Large-scale ground-mounted solar photovoltaic installations shall undergo site plan review prior to construction, installation or modification as provided in § 270-2 of the Code of the City of Marlborough and in this section, as follows:

(a)

General. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Massachusetts.

(b)

Required documents. Pursuant to the site plan review process, the project proponent shall provide the following documents:

[1]

A site plan showing:

[a]

Property lines and physical features, paved areas, tree lines, monitoring wells existing and proposed, structures, fences, existing and proposed drainage improvements, including roads, for the project site;

[b]

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation, fences or other screening structures;

[c]

Drawings of the large-scale ground-mounted solar photovoltaic installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;

[d]

One- or three-line electrical diagram detailing the large-scale ground-mounted solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

[e]

Documentation of the major system components to be used, including the photovoltaic panels, mounting system, and inverter;

[f]

Name, address, and contact information for proposed system installer;

[g]

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;

[h]

The name, contact information and signature of any agents representing the project proponent;

[i]

Emergency services access points and through points; and

[j]

Stormwater Management. The project proponent shall design a stormwater management plan and provide details and supporting documents as necessary to comply with Massachusetts DEP Stormwater Policy and Marlborough Zoning Ordinance.

[2]

Documentation of actual or prospective access and control of the project site (see also Subsection E herein);

[3]

An operation and maintenance plan (see also Subsection F herein);

[4]

Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose);

[5]

Proof of liability insurance in an amount, and for a duration, sufficient to cover loss or damage to persons and property;

[6]

Description of financial surety that satisfies Subsection L herein;

[7]

A public outreach plan, including a project development timeline, which indicates how the project proponent will meet the required site plan review notification procedures and otherwise inform abutters within 300 feet of the property line of the project site; and

[8]

Copies of all applicable permit applications and final permits, including but not limited to: MassDEP, electric utility, Conservation Commission, site plan review, etc.

Site plan review may waive documentary requirements as it deems appropriate.

Site control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed large-scale ground-mounted solar photovoltaic installation.

Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, stormwater management facilities, vegetation management, as well as general procedures for operational maintenance of the installation.

Utility notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to site plan review that the utility company that operates the electrical grid where the installation is to be located has been informed of the large-scale ground-mounted solar photovoltaic installation's owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

Dimension and density requirements.

(1)

Setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:

(a)

Front yard. Front yard depth shall be comprised of a no-clear vegetated buffer of not less than 50 feet and, as measured therefrom, a no-build buffer of not less than 50 feet. Site plan review may require plantings in the fifty-foot no-clear vegetated buffer if none exist.

(b)

Side yard. Side yard depth shall be comprised of a no-clear vegetated buffer of not less than 50 feet and, as measured therefrom, a no-build buffer of not less than 50 feet. Site plan review may require plantings in the fifty-foot no-clear vegetated buffer if none exist.

(c)

Rear yard. Rear yard depth shall be comprised of a no-clear vegetated buffer of not less than 50 feet and, as measured therefrom, a no-build buffer of not less than 50 feet. Site plan review may require plantings in the fifty-foot no-clear vegetated buffer if none exist.

(2)

Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

Design standards.

(1)

Lighting. Lighting of large-scale ground-mounted solar installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the large-scale ground-mounted solar installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

(2)

Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with Chapter 526 of the Code of the City of Marlborough. A sign consistent with the City's sign ordinances shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Large-scale ground-mounted solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the large-scale ground-mounted solar.

(3)

Utility connections. Reasonable efforts, as determined by site plan review, shall be made to place all utility connections from the large-scale ground-mounted solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

(4)

Screening. To the extent it is reasonably practicable as determined by site plan review, every abutting property, private way, private driveway, recreation area, and public way shall be visually screened from the project through any one or combination of the following: location, distance, plantings, existing vegetation.

(5)

Topsoil. No topsoil shall be removed from the site. No topsoil shall be disturbed from existing areas except as part of an approved plan that is protective of the landfill cap. It is anticipated that the solar facility shall be constructed on the existing grade or on grades that have been built up from the existing grade.

Safety and environmental standards.

(1)

Emergency services. The large-scale ground-mounted solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Chief of the Marlborough Fire Department. The owner or operator shall cooperate with local emergency services in developing an emergency response plan. Every means of shutting down the large-scale ground-mounted photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

(2)

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and ordinances. Land clearing details as well as habitat and pollinator details (which are common for these projects) shall be clearly presented in the site plan application.

Monitoring and maintenance.

(1)

Large-scale ground-mounted solar photovoltaic installation conditions. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access or through road(s). Landscaping and fencing, including vegetation used for screening, shall be maintained in good condition.

(2)

Modifications. After the required permits have been issued, the Building Commissioner may approve minor nonmaterial modifications to a large-sale ground-mounted solar photovoltaic installation. All major material modifications to a large-scale ground-mounted solar photovoltaic installation made after issuance of the required permits shall require approval by site plan review.

Abandonment or decommissioning.

(1)

Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has been discontinued by reaching the end of its useful life, reaching the end of a lease term without renewal or extension, or having been abandoned (as provided in Subsection L(2) herein) shall be removed as herein provided. The owner or operator shall physically remove the installation no more than 150 days after the date of said discontinued operations. The owner or operator shall notify site plan review by certified mail of the proposed date of discontinued operations. Within 150 days of discontinued operations, the project proponent shall present decommissioning plans, consisting of:

(a)

Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

(b)

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

(c)

Restoration of all disturbed ground areas by loaming and seeding or other means suitable to site plan review. Stabilization or revegetation of the site as necessary to minimize erosion. Site plan review may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(2)

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the large-scale ground-mounted solar photovoltaic installation shall be considered abandoned when it fails to operate for more than six months without the written consent of the Building Commissioner. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the City may enter the property and physically remove the installation.

(3)

Financial surety. Proponents of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through a cash escrow account with interest retained for escalating decommissioning costs, bond or otherwise, to cover the cost of removal in the event that the City must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the City, but in no event in excess more than 125% of the cost of removal and compliance with additional requirements set forth herein, as determined by site plan review in consultation with the City Solicitor and Comptroller. Such surety will not be required for municipally owned or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The minimum financial surety to be provided shall be no less than $70,000 per MW-DC installed. Additional financial surety may be required for appurtenant facilities such as battery storage. The amount shall include a mechanism for calculating increased removal costs due to inflation. Site plan review may request the proponent to provide an update of the fully inclusive estimate of costs associated with removal every five years following the issuance of a building permit. Site plan review may require the proponent to provide additional surety based on the updated cost estimate.

The effective date of these amendments shall be the date of their passage.

§ 650-39 Neighborhood Business District (NB).

[Added 11-19-2018 by Ord. No. 18-1007337E]

Purposes and objectives. The purposes and objectives of the Neighborhood Business District are to encourage retail establishments and services that primarily serve the surrounding neighborhoods; enable multifamily residential and/or mixed use projects to be developed, particularly on underutilized parcels; encourage reuse/redevelopment of existing commercial, industrial or institutional properties located in the neighborhood; and assist the neighborhood to reach its full potential by encouraging restaurants, uses that take advantage of nearby open space, such as the Assabet River Rail Trail, and uses that take advantage of adjacent walkable, pedestrian-oriented neighborhoods.

Parking requirements. Except as otherwise provided in this section, parking and circulation requirements shall conform to the provisions of §§ 650-48 and 650-49 of the Zoning Ordinance.

(1)

The following provisions are applicable within the Neighborhood Business District:

(a)

Retail sales: one space per 250 square feet of gross floor area;

(b)

Multifamily dwelling units: one space per bedroom to a maximum of two spaces per unit; and

(c)

Restaurants, brew pubs and other eating places: The special permit granting authority may reduce the total number of required spaces by 50% if there is a municipally owned lot, shared parking arrangement, or significant amount of on-street spaces within 300 feet of said uses.

Open space requirements for conversion from a two-family dwelling to a three-family dwelling and for multifamily dwellings.

(1)

Minimum open space. The minimum amount of open space per residential unit shall be 100 square feet. The open space shall be designed as usable space for sitting, recreation, etc. Up to 50% of the required open space may be private open space placed in the building (recreation rooms, pools, etc.); as individual unit balconies large enough for a table and chairs; or on the roof of the structure as a garden or sitting area. Front yard planting/buffer strips which are designed for public seating or other amenities to improve the public realm, and which are made available to the public, may be included in the required open space; other required buffer and planting strips shall not count towards the required open spaces.

(2)

Ground level open space. All or a portion of ground level open space may be reserved for residents of the development, or made available for public use. Special permit proposals for developments which include public benefits, such as public seating areas, are preferred.

(3)

(4)

Waiver as part of special permit or under site plan review. In development or redevelopment proposals where, because of site-specific circumstances, it is not possible to meet the minimum standards for open space, or where there is not sufficient space for ground level open space on the parcel, or where it is not desirable or possible to establish the required amount of open space for other reasons, the City Council, as part of special permit or site plan review, may negotiate with the developer and may set other conditions of approval to ensure or encourage other open space benefits, or may waive strict adherence to this provision. Improvements to be made by the developer to an nearby existing public open space parcel or the Assabet River Rail Trail may be included in these negotiations.

Project review.

(1)

Site plan review. Projects within the Neighborhood Business District shall be subject to site plan approval in accordance with § 270-2 of the City Code.

(a)

Site plan review applies to as-of-right uses and uses available by grant of a special permit within the Neighborhood Business District. Site plan review applicability includes, but is not limited to, new construction of any building or structure; addition to an existing building or structure; and increase in area of on-site parking or loading areas.

(2)

Multifamily Design Review Guidelines and Review Criteria. Multifamily projects within the Neighborhood Business District will be reviewed consistent with the nonmandatory Multifamily Design Review Guidelines and Review Criteria, which guidelines and criteria will be available at the Building Department and/or on the official website of the City of Marlborough.

Authority of the special permit granting authority. The City Council shall be the permit granting authority for special permit approval in the Neighborhood Business District.

The City Council may, by special permit, elect to vary the dimensional, parking, design, and landscaping requirements applicable to a mixed-use development in the Neighborhood Business District upon finding that such change shall result in an improved design and will not nullify or substantially derogate from the intent or purpose of this section (§ 650-39 et seq.). This authority continues subsequent to occupancy.

[Added 6-9-2022 by Order No. 22-1008571C]