No land in any district shall hereafter be used
or occupied and no building or structure shall hereafter be occupied,
used or erected or the use of buildings and land altered except as
set forth in the following Schedule of Use Regulations or as specifically
regulated or provided otherwise under other sections hereof, provided
that the accessory uses and buildings not enumerated in the schedule
but necessarily or customarily incidental to a principal use, including
the signs otherwise allowed, shall be deemed to fall into the same
category as such principal use. Streets and easements for public services
are a permitted use in all districts, except the Wetland and Floodplain
Districts.
Where an activity may be classified under more
than one use listed in the Schedule of Use Regulations, the more specific
classification shall apply, and if equally specific, the more restrictive
classification shall govern.
[Amended 4-8-1985 ATM by Art. 37; 4-14-1986 ATM by Arts. 5, 25, 36, 37,
38, 40, 46 and 49; 4-30-1990 ATM by Arts. 48 and 50; 4-8-1991 ATM by Art. 52; 4-12-1993 ATM by Art. 43]
A.
No building or structure shall be constructed and
no building, structure or land or part thereof shall be used for any
purpose or in any manner other than for one or more of the uses hereinafter
set forth as permitted in the district in which such building, structure
or land is located or set forth as permissible by special permit in
said district and so authorized.
B.
Further, no building shall be constructed and no building,
structure or land or any part thereof shall be used and no lot shall
be changed in size or shape unless in conformity with the dimensional
regulations set forth for each district.
C.
The following notes apply to all districts:
(1)
All uses and buildings for which off-street parking is required, other than one- and two-family dwellings, shall be subject to the site plan review and approval by the Planning Board, as provided in § 174-10.
(2)
Not more than one principal permitted use shall be located on any lot, provided that a multiple occupancy building used for the same category of use, such as retail sales and services, light manufacturing or offices in a business district or Industrial Park District, or a mixed-use development in the Downtown District, shall be deemed to be in a single principal permitted use. The Board of Appeals may, by special permit, allow several different uses if otherwise permitted in the district or several buildings on the same lot if such uses or buildings are deemed to be compatible, meet the requirements of § 174-9 and result in improved circulation and land use patterns.
[Amended 11-1-2021 STM
by Art. 10]
(3)
For uses subject to a special permit:
(b)
References to a special permit being required for piggeries,
dog kennels, riding stables and the raising of carnivorous fur-bearing
animals are effective to the extent that such activities are not allowed
by applicable state law or regulation;
(c)
References to a special permit being required for riding stables
are effective to the extent that such activities are not allowed by
applicable state law or regulation;
(d)
References to a special permit being required for a private
school, nursery or kindergarten are effective to the extent that such
activities are not allowed by applicable state law or regulation;
(e)
References to a special permit being required for multifamily dwellings are effective if such dwellings are within a major residential development created with an optional special permit as specified in § 174-13.2A, and not for multifamily dwellings within a major residential development created by right as specified in § 174-13.2A; and
(4)
(Reserved)
(5)
Any lot created after April 8, 1996, in any zoning district except the BV Business Village District and the Downtown District shall contain a minimum lot area of 20,000 square feet exclusive of wetlands as defined in the Wetlands Protection Act, MGL c. 131, § 40. Lots created under the Major Residential Development Bylaw (§ 174-13.2) flexible development provision that are less than 20,000 square feet shall be entirely exclusive of wetlands.
[Added 4-8-1996 ATM by Art. 54; amended 3-23-2024 ATM by Art. 36]
[Added 4-12-1993 ATM by Art. 43]
A.
Permitted uses are as follows:
(1)
Park, open space, noncommercial recreation, fishing
and hunting where legally permitted, wildlife management and conservation
area.
(2)
Agriculture, horticulture, floriculture or viticulture, but excepting,
to the extent permitted pursuant to applicable state law and regulation,
piggeries and fur farms.
[Amended 10-7-2013 STM by Art. 9]
(3)
Temporary nonresidential structure accessory to farming,
fishing or similar permitted use of the land.
(5)
Roadside stand.
C.
Uses prohibited. All uses which are not listed above,
legally nonconforming or otherwise allowable by the provisions of
the zoning regulations are prohibited. (Note: New or expanded uses
required by the Metropolitan District Commission or other public agency
having jurisdiction there for the purposes of water supply, drainage
and land or water conservation are permissible in the Conservation
District.)
D.
The operation of any marijuana establishment as defined in MGL c.
94C, § 1, including without limitation a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana facility is prohibited
in all zoning districts of the Town. This prohibition shall not apply
to the sale, distribution or cultivation of marijuana for medical
purposes, licensed under Chapter 369 of the Acts of 2012 and currently
permitted in the Town of Southborough.
[Added 4-25-2017 ATM
by Art. 32]
[Added 4-12-1993 ATM by Art. 43]
A.
Permitted uses are as follows:
(1)
All uses permitted in the Conservation District.
(2)
One-family houses.
(3)
Religious uses, public or nonprofit school.
(4)
Public or nonprofit library, museum, art gallery or
a similar cultural institution.
(5)
Town or other government building.
(6)
Renting of rooms or furnishing of board to not more
than four persons by a resident family in a one-family house.
(7)
Mobile home or travel trailer used as a dwelling for
30 days or fewer in a year.
(8)
Construction of private garage or private parking
for not more than three vehicles, that is accessory to a permitted
principal use and on the same lot as such use. One vehicle may be
a truck or other commercial vehicle.
[Amended 4-8-2002 ATM by Art. 67; 4-15-2003 ATM by Art. 61]
(9)
Customary home occupation.
(10)
Parking in a garage or out of doors for employees,
customers, clients, occupants or students, accessory to a permitted
principal use and on the same lot as such use.
B.
Uses by special permit are as follows:
(1)
Accessory apartment.
(2)
Boat livery, cemetery, children's camp, golf course,
private nonprofit membership club, public utility, riding stable,
ski tow.
(3)
Hospital, nursing home, home for the aged.
(4)
Private school, nursery or kindergarten.
(5)
Veterinarian, animal hospital, dog kennel.
(6)
Conversion of a one-family house in existence for
two years or longer to a two-family dwelling, on a lot with a minimum
of 15,000 square feet.
(7)
Mobile home or travel trailer used as a dwelling for
more than 30 days in a year.
(8)
Multifamily housing for the elderly, owned by a public
or a nonprofit community housing organization.
(9)
Other multifamily dwellings if within a major residential
development. (Note: Special permit from the Planning Board.)
(10)
Major residential development. (Note: Special
permit from the Planning Board.)
(11)
Office-type trailer or mobile home used as business
quarters.
(12)
Private garage or private parking for more than
three vehicles, that is accessory to a permitted principal use and
on the same lot as such use.
[Amended 4-8-2002 ATM by Art. 67; 4-15-2003 ATM by Art. 61]
(13)
Adaptive Reuse of Historic Buildings Bylaw (Note: special permit
from Planning Board).
[Added 4-25-2017 ATM
by Art. 29]
C.
Prohibited uses. All uses which are not listed above,
legally nonconforming or otherwise allowable by the provisions of
the zoning regulations are prohibited.
D.
Development standards are as follows:
(1)
Minimum lot area: 43,560 square feet; minimum 20,000
square feet exclusive of wetlands.
[Amended 4-8-1996 ATM by Art. 54]
(2)
Minimum frontage: 150 feet.
(4)
Maximum height: 35 feet, 2 1/2 stories (17 feet,
one story for accessory buildings).
[Amended 4-8-2002 ATM by Art. 68]
(5)
Maximum floor area ratio: 0.18.
(6)
In the RA District, no lot shall be considered a building lot unless the center of a seventy-five-foot diameter circle can be passed along a continuous line from the lot frontage to the rear yard setback without the circumference intersecting any lot lines and unless the center of the seventy-five-foot diameter circle can be passed along 40% of the required frontage without the circumference intersecting any side or rear lot line. This Subsection D(6) shall not apply to an existing lot or existing dwelling for which a building permit has been issued as of the effective date of adoption of this Subsection D(6), or to any alteration, extension or structural change thereto.
[Added 4-10-1995 ATM by Art. 47; amended 4-12-1999 ATM by Art.
64]
E.
The operation of any marijuana establishment as defined in MGL c.
94C, § 1, including without limitation a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana facility is prohibited
in all zoning districts of the Town. This prohibition shall not apply
to the sale, distribution or cultivation of marijuana for medical
purposes, licensed under Chapter 369 of the Acts of 2012 and currently
permitted in the Town of Southborough.
[Added 4-25-2017 ATM
by Art. 32]
[Added 4-12-1993 ATM by Art. 43]
A.
Permitted uses are the uses permitted in the Residence
A (RA) District.
B.
Uses by special permit are all uses permitted by special
permit in the Residence A (RA) District.
C.
Prohibited uses. All uses which are not listed above,
legally nonconforming or otherwise allowable by the provisions of
the zoning regulations are prohibited.
D.
Development standards are as follows:
(1)
Minimum lot area: 25,000 square feet; minimum 20,000
square feet exclusive of wetlands.
[Amended 4-8-1996 ATM by Art. 54]
(2)
Minimum frontage: 125 feet.
(4)
Maximum height: 35 feet, 2 1/2 stories (17 feet,
one story for accessory buildings).
[Amended 4-8-2002 ATM by Art. 68]
(5)
Maximum floor area ratio: .30.
(6)
In the RB District, no lot shall be considered a building lot unless the center of a 62.5 foot diameter circle can be passed along a continuous line from the lot frontage to the rear yard setback without the circumference intersecting any lot lines and unless the center of the 62.5 foot diameter circle can be passed along 40% of the required frontage without the circumference intersecting any side or rear lot line. This Subsection D(6) shall not apply to an existing lot or existing dwelling for which a building permit has been issued as of the effective date of adoption of this Subsection D(6), or to any alteration, extension or structural change thereto.
[Added 9-10-1995 ATM by Art. 47; amended 4-12-1999 ATM by Art.
64]
E.
Residence C Districts were discontinued in 1966; however,
lots laid out and recorded in Residence B Districts prior to the discontinuance
may be built onto the following dimensions for one-family houses:
F.
The operation of any marijuana establishment as defined in MGL c.
94C, § 1, including without limitation a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana facility is prohibited
in all zoning districts of the Town. This prohibition shall not apply
to the sale, distribution or cultivation of marijuana for medical
purposes, licensed under Chapter 369 of the Acts of 2012 and currently
permitted in the Town of Southborough.
[Added 4-25-2017 ATM
by Art. 32]
[Added 4-12-1993 ATM by Art. 43]
B.
Permitted uses up to 2,000 square feet are as follows:
(1)
Retail sales and services which do not involve manufacturing
on the premises.
(2)
Newspaper, job printing and publishing.
(3)
Office, bank, office building.
(4)
Hotel or motel, restaurant (excluding drive-through
food service establishments).
[Amended 1-27-1996 STM Art. 5]
(5)
Clinic or medical testing laboratory.
(6)
Dwelling on the premises for a night watchman or janitor.
(7)
Cafeteria on the premises for use by employees and
not the general public.
C.
Permitted uses by special permit from the Planning
Board are as follows:
(2)
Major residential development.
(3)
Multifamily dwellings if within a major residential
development.
(4)
Hospital, nursing home, home for the aged.
(5)
Private school, nursery or kindergarten.
(6)
Veterinarian, animal hospital, dog kennel.
(7)
Multifamily housing for the elderly, owned by a public
or a nonprofit community organization.
(8)
Private garage or parking for more than three cars
or more than one truck or other commercial vehicle.
(9)
Indoor recreation, athletic or exercise facility.
[Amended 4-8-1996 ATM by Art. 56]
(10)
Sale or storage of fuel, lumber, building materials
and equipment, contractor's yard.
(11)
Retail sales and services involving manufacturing
of products, the majority of which will be sold on the premises to
consumers, with not more than four persons engaged in manufacturing
operations.
(12)
Automotive service, gasoline station or repair
garage, automotive sales.
D.
Uses by special permit from the Zoning Board of Appeals
are as follows:
(1)
Accessory apartment.
(2)
Boat livery, cemetery, children's camp, golf course,
private nonprofit membership club, public utility, riding stable,
ski tow.
(3)
Conversion of a one-family house in existence for
two years or longer to a two-family dwelling, on a lot with a minimum
of 15,000 square feet.
(4)
A mobile home or travel trailer used as a dwelling
or business quarters for more than 30 days in a year.
E.
Prohibited uses. All uses which are not listed above,
legally nonconforming or otherwise allowable by the provisions of
the zoning regulations are prohibited.
F.
Development standards (Note: Also refer to § 174-10.1, Village Business District plan review.) are as follows:
G.
The operation of any marijuana establishment as defined in MGL c.
94C, § 1, including without limitation a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana facility is prohibited
in all zoning districts of the Town. This prohibition shall not apply
to the sale, distribution or cultivation of marijuana for medical
purposes, licensed under Chapter 369 of the Acts of 2012 and currently
permitted in the Town of Southborough.
[Added 4-25-2017 ATM
by Art. 32]
[Added 4-12-1993 ATM by Art. 43]
B.
Permitted uses up to 50,000 square feet are as follows:
(1)
Office-type trailer or mobile home used as business
quarters for 30 days or fewer in a year.
(2)
Retail sales and services which do not involve manufacturing
on the premises.
(3)
Retail sales and services involving manufacturing
of products, the majority of which will be sold on the premises to
consumers, with not more than four persons engaged in manufacturing
operations.
(4)
Newspaper, job printing and publishing.
(5)
Office, bank, office building.
(6)
Hotel or motel, restaurant (excluding drive-through
food service establishments).
[Amended 1-27-1996 STM by Art. 5]
(7)
Clinic or medical testing laboratory.
(8)
Automotive service, gasoline station or repair garage,
automotive sales.
C.
Uses permitted by special permit are as follows:
(2)
Accessory apartment.
(3)
Boat livery, cemetery, children's camp, golf course,
private nonprofit membership club, public utility, riding stable,
ski tow.
(4)
Hospital, nursing home, home for the aged.
(5)
Private school, nursery or kindergarten.
(6)
Veterinarian, animal hospital, dog kennel.
(7)
Conversion of a one-family house in existence for
two years or longer to a two-family dwelling, on a lot with a minimum
of 15,000 square feet.
(8)
Mobile home or travel trailer used as a dwelling or
business quarters for more than 30 days in a year.
(9)
Multifamily housing for the elderly, owned by a public
or a nonprofit community housing organization.
(10)
Private garage or parking for more than three
cars or more than one truck or other commercial vehicle.
(11)
Indoor recreation, athletic or exercise facility;
theater for cultural arts.
[Amended 4-8-1996 ATM by Art. 56]
(12)
Sale or storage of fuel, lumber, building materials
and equipment, contractor's yard.
(13)
Hazardous waste storage and disposal facilities,
other than small generators, as defined by the Environmental Protection
Agency and the Commonwealth of Massachusetts, except that a special
permit may be issued for such a facility upon approval by the appropriate
federal and state agencies, review and comment by the Southborough
Board of Health, Conservation Commission, Planning Board and Fire
and Police Chiefs, following a duly advertised public hearing and
in accordance with the Hazardous Waste Facilities Siting Law.[1]
[1]
Editor's Note: See MGL c. 21D.
(14)
Registered marijuana dispensary as defined in 105 CMR 725.004.
[Added 4-16-2014 ATM by Art. 17]
D.
Prohibited uses. All uses which are not listed above,
legally nonconforming or otherwise allowable by the provisions of
the zoning regulations are prohibited.
E.
Development standards are as follows:
(1)
Minimum lot area: 43,560 square feet (minimum 20,000
square feet exclusive of wetlands).
[Amended 4-8-1996 ATM by Art. 54]
(2)
Minimum frontage: 200 feet.
(4)
Maximum height: 45 feet, three stories.
(5)
Maximum floor area ratio: 0.60.
(6)
Residential dwellings. Residential dwellings in the
Highway Business District must comply with RB District standards.
F.
The operation of any marijuana establishment as defined in MGL c.
94C, § 1, including without limitation a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana facility is prohibited
in all zoning districts of the Town. This prohibition shall not apply
to the sale, distribution or cultivation of marijuana for medical
purposes, licensed under Chapter 369 of the Acts of 2012 and currently
permitted in the Town of Southborough.
[Added 4-25-2017 ATM
by Art. 32]
[Added 4-12-1993 ATM by Art. 43]
B.
Uses permitted up to 50,000 square feet are as follows:
(1)
Newspaper, job printing and publishing.
(2)
Office, bank, office building.
(3)
Wholesale distribution and storage within a building
other than a solid waste transfer station.
(4)
Scientific research and development, including manufacturing,
instruction and other activities clearly incidental thereto at the
maximum density of three employees per acre of lot and with a direct
access to an arterial street, as defined by the Town of Southborough
Planning Board.
C.
Uses requiring a special permit are as follows:
(2)
Accessory apartment.
(3)
Conversion of a one-family house in existence for
two years or longer to a two-family dwelling, on a lot with a minimum
of 15,000 square feet.
(4)
Mobile home or travel trailer used as a dwelling or
business quarters for more than 30 days in a year.
(5)
Multifamily housing for the elderly, owned by a public
or nonprofit community housing organization.
(6)
Boat livery, cemetery, children's camp, golf course,
private nonprofit membership club, public utility, riding stable,
ski tow.
(7)
Hospital, nursing home, home for the aged.
(8)
Private school nursery or kindergarten.
(9)
Veterinarian, animal hospital, dog kennel.
(10)
Private garage or parking for more than three
cars or more than one truck or other commercial vehicle.
(11)
Light manufacturing, fabrication, assembly and
processing utilizing electric or other similar quiet motive power
and processes and generating no adverse impacts on the neighborhood
and properties therein.
(12)
Hazardous waste storage and disposal facilities,
other than small generators, as defined by the Environmental Protection
Agency and the Commonwealth of Massachusetts, except that a special
permit may be issued for such a facility upon approval by the appropriate
federal and state agencies, review and comment by the Southborough
Board of Health, Conservation Commission, Planning Board and Fire
and Police Chiefs, following a duly advertised public hearing and
in accordance with the Hazardous Waste Facilities Siting Law.[1]
[1]
Editor's Note: See MGL c. 21D.
(13)
Adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater, adult live entertainment (see § 174-9I).
[Added 4-8-1996 ATM by Art. 56]
(14)
Heliport or landing place for helicopter, not
including storage or maintenance facilities as an accessory use to
a permitted principal use.
[Added 4-15-1997 ATM by Art. 53]
(15)
Registered marijuana dispensary as defined in 105 CMR 725.004.
[Added 4-16-2014 ATM by Art. 17]
D.
Prohibited uses. All uses which are not listed above,
legally nonconforming or otherwise allowable by the provisions of
the zoning regulations are prohibited.
E.
F.
The operation of any marijuana establishment as defined in MGL c.
94C, § 1, including without limitation a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana facility is prohibited
in all zoning districts of the Town. This prohibition shall not apply
to the sale, distribution or cultivation of marijuana for medical
purposes, licensed under Chapter 369 of the Acts of 2012 and currently
permitted in the Town of Southborough.
[Added 4-25-2017 ATM
by Art. 32]
[Added 4-12-1993 ATM by Art. 43]
A.
Permitted uses are as follows:
(1)
All uses permitted in residential districts.
(2)
Boat livery, cemetery, children's camp, golf course,
private nonprofit membership club, public utility, riding stable,
ski tow.
(3)
Hospital, nursing home, home for the aged.
(4)
Private school, nursery or kindergarten.
(5)
Veterinarian, animal hospital, dog kennel.
(6)
Dwelling on the premises for a night watchman or janitor.
(7)
Cafeteria on the premises for use by employees and
not for the general public.
B.
Uses permitted up to 50,000 square feet are as follows:
(1)
Private garage or parking for more than three cars
or more than one truck or other commercial vehicle.
(2)
Indoor recreation, athletic or exercise facility;
theater for cultural arts.
[Amended 4-8-1996 ATM by Art. 56]
(3)
Sale or storage of fuel, lumber, building materials
and equipment, contractor's yard.
(4)
Retail sales and services which do not involve manufacturing
on the premises.
(5)
Retail sales and services involving manufacturing
of products, the majority of which will be sold on the premises to
consumers, with not more than four persons engaged in manufacturing
operations.
(6)
Newspaper, job printing and publishing.
(7)
Office, bank, office building.
(8)
Hotel or motel, restaurant (excluding drive-through
food service establishments).
[Amended 1-27-1996 STM by Art. 5]
(9)
Clinic or medical testing laboratory.
(10)
Automotive service, gasoline station or repair
garage, automotive sales.
C.
Uses requiring a special permit are as follows:
(2)
Accessory apartment.
(3)
Conversion of one-family house in existence for two
years or longer to a two-family dwelling, on a lot with a minimum
of 15,000 square feet.
(4)
Mobile home or travel trailer used as a dwelling or
business quarters for more than 30 days in a year.
(5)
Multifamily housing for the elderly, owned by a public
or nonprofit community housing organization.
(6)
Major residential development. (Note: Special permit
from the Planning Board.)
(7)
Multifamily dwellings, if within a major residential
development. (Note: Special permit from the Planning Board.)
(9)
Wholesale distribution and storage within a building,
other than a solid waste transfer business; warehousing (excluding
trucking terminals with through shipping).
[Amended 4-8-1996 ATM by Art. 56]
(10)
Hazardous waste storage and disposal facilities,
other than small generators, as defined by the Environmental Protection
Agency and the Commonwealth of Massachusetts, except that a special
permit may be issued for such a facility upon approval by the appropriate
federal and state agencies, review and comment by the Southborough
Board of Health, Conservation Commission, Planning Board and Fire
and Police Chiefs, following a duly advertised public hearing and
in accordance with the Hazardous Waste Facilities Siting Law.[2]
[2]
Editor's Note: See MGL c. 21D.
(11)
(Reserved)
(12)
Scientific research and development, including
manufacturing, instruction and other activities clearly incidental
thereto, and with direct access to an arterial street, as defined
by the Town of Southborough Planning Board.
(13)
Light manufacturing, fabrication, assembly and
processing utilizing electric or other similar quiet motive power
and processes and generating no adverse impacts on the neighborhood
and the properties therein.
(14)
Registered marijuana dispensary as defined in 105 CMR 725.004.
[Added 4-16-2014 ATM by Art. 17]
D.
Prohibited uses. All uses which are not listed above,
legally nonconforming or otherwise allowable by the provisions of
the zoning regulations are prohibited.
E.
Development standards are as follows:
(1)
Minimum lot area: 43,560 square feet (minimum, 20,000
square feet exclusive of wetlands).
[Amended 4-8-1996 ATM by Art. 54]
(2)
Minimum frontage: 200 feet.
(4)
Maximum height: 45 feet, three stories.
(5)
Maximum floor area ratio: 0.60.
(6)
Residential dwellings. Residential dwellings in the
ID District must comply with the standards of the RB District.
F.
The operation of any marijuana establishment as defined in MGL c.
94C, § 1, including without limitation a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana facility is prohibited
in all zoning districts of the Town. This prohibition shall not apply
to the sale, distribution or cultivation of marijuana for medical
purposes, licensed under Chapter 369 of the Acts of 2012 and currently
permitted in the Town of Southborough.
[Added 4-25-2017 ATM
by Art. 32]
[Added 4-12-1993 ATM by Art. 43]
A.
Permitted uses are as follows:
B.
Uses permitted by special permit are as follows:
(1)
Accessory apartment.
(2)
Boat livery, cemetery, children's camp, golf course,
private nonprofit membership club, public utility, riding stable,
ski tow.
(3)
Hospital, nursing home, home for the aged.
(4)
Private school, nursery or kindergarten.
(5)
Veterinarian, animal hospital, dog kennel.
(6)
Conversion of a one-family dwelling, in existence
for two years or longer, to a two-family dwelling, on a lot with a
minimum of 15,000 square feet.
(7)
Mobile home or travel trailer used as a dwelling or
business quarters for more than 30 days in a year.
(8)
Multifamily housing for the elderly, owned by a public
or a nonprofit community housing organization.
(9)
Other multifamily dwellings, if within a major residential
development. (Note: Special permit from the Planning Board.)
(10)
Major residential development. (Note: Special
permit from the Planning Board.)
(11)
Private garage or parking for more than three
cars or more than one truck or other commercial vehicle.
(12)
Scientific research and development, including
manufacturing, instruction and other activities clearly incidental
thereto, at the maximum density of three employees per acre of lot
and with direct access to an arterial street, as defined by the Town
of Southborough Planning Board.
C.
Prohibited uses. All uses which are not listed above,
legally nonconforming or otherwise allowable by the provisions of
the zoning regulations are prohibited.
D.
Development standards are as follows:
(1)
Minimum lot area: 50 acres; minimum 20,000 square
feet exclusive of wetlands.
[Amended 4-8-1996 ATM by Art. 54]
(2)
Minimum frontage: 500 feet.
(4)
Maximum height: 35 feet, three stories.
(5)
Maximum floor area ratio: 0.40.
(6)
Residential dwellings. Residential dwellings in the
SP District must comply with the standards of the RA District.
E.
The operation of any marijuana establishment as defined in MGL c.
94C, § 1, including without limitation a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana facility is prohibited
in all zoning districts of the Town. This prohibition shall not apply
to the sale, distribution or cultivation of marijuana for medical
purposes, licensed under Chapter 369 of the Acts of 2012 and currently
permitted in the Town of Southborough.
[Added 4-25-2017 ATM
by Art. 32]
[Added 4-12-1993 ATM by Art. 43; amended 4-12-2011 ATM by Art.
32; 4-16-2014 ATM by Art. 19; 4-25-2017 ATM by Art.
32; 3-25-2023 ATM by Art. 31]
A.
Statement of purpose for flood resistant standards.
(1)
Ensure public safety through reducing the threats to life and
personal injury.
(2)
Eliminate new hazards to emergency response officials.
(3)
Prevent the occurrence of public emergencies resulting from
water quality, contamination, and pollution due to flooding.
(4)
Avoid the loss of utility services which if damaged by flooding
would disrupt or shut down the utility network and impact regions
of the community beyond the site of flooding.
(5)
Eliminate costs associated with the response and cleanup of
flooding conditions.
(6)
Reduce damage to public and private property resulting from
flooding waters.
B.
The Wetland and Floodplain District is considered to be an overlay
district. The District includes all special flood hazard areas within
the Town of Southborough designated as Zone A, AE, AH, AO, or A99,
on the Worcester County Flood Insurance Rate Map (FIRM) dated July
16, 2014, issued by the Federal Emergency Management Agency (FEMA)
for the administration of the National Flood Insurance Program. The
exact boundaries of the District may be defined by the 100-year base
flood elevations shown on the FIRM and further defined by the Worcester
County Flood Insurance Study (FIS) report dated July 16, 2014. The
FIRM and FIS report are incorporated herein by reference and are on
file with the Town Clerk, Planning Board, Building Official, Conservation
Commission and Department of Public Works.
C.
Designation of Community Floodplain Administrator.
(1)
The Town of Southborough hereby designates the position of Conservation
Agent to be the official floodplain administrator.
D.
Permits.
(1)
A permit is required for all proposed construction or other
development in the floodplain overlay district, including new construction
or changes to existing buildings, placement of manufactured homes,
placement of agricultural facilities, fences, sheds, storage facilities
or drilling, mining, paving, and any other development that might
increase flooding or adversely impact flood risks to other properties.
(2)
The Town's permit review process includes the requirement that
the proponent obtain all local, state, and federal permits that will
be necessary in order to carry out the proposed development in the
floodplain overlap district. The proponent must acquire all necessary
permits, and must demonstrate that all necessary permits have been
acquired.
E.
Floodway encroachment.
(1)
Floodway data. In Zones A, A1-30, and AE, along watercourses
that have not had a regulatory floodway designated, the best available
federal, state, local, or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(2)
In Zones A1-30 and AE, along watercourses that have a regulatory
floodway designated on the Town's FIRM encroachments are prohibited,
including fill, new construction, substantial improvements, and other
development within the adopted regulatory floodway unless it has been
demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed encroachment
would not result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
F.
Unnumbered A Zones.
(1)
In A Zones, in the absence of FEMA BFE data and floodway data,
the Building Department will obtain, review, and reasonably utilize
base flood elevation and floodway data available from a federal, state,
or other source as criteria for requiring new construction, substantial
improvements, or other development in Zone A as the basis for elevating
residential structures to or above base flood level, for floodproofing
or elevating nonresidential structures to or above base flood level,
and for prohibiting encroachments in floodways.
H.
Recreational Vehicles.
(1)
In A1-30, AH, and AE Zones, all recreational vehicles to be
placed on a site must be elevated and anchored in accordance with
the zone's regulation for foundation and elevation requirements or
be on site for less than 180 consecutive days or be fully licensed
and highway ready.
I.
Watercourse Alterations or Relocations in Riverine Areas.
(1)
In a riverine situation, the Conservation Commission shall notify
the following of any alteration or relocation of a watercourse:
J.
Requirement to Submit New Technical Data.
(1)
If the Town acquires data that changes the base flood elevation
in the FEMA mapped Special Flood Hazard Areas, the Town will, within
six months, notify FEMA of these changes by submitting the technical
or scientific data that supports the change(s). Notification shall
be submitted to:
K.
Variances to Building Code floodplain standards.
(1)
The Town will request from the State Building Code Appeals Board
a written and/or audible copy of the portion of the hearing related
to the variance and will maintain this record in the community's files.
(2)
The Town shall also issue a letter to the property owner regarding
potential impacts to the annual premiums for flood insurance policy
covering that property, in writing over the signature of a community
official that:
(3)
Such notification shall be maintained with the record of all
variance actions for the referenced development in the floodplain
overlap district.
L.
Variances to local Zoning Bylaws related to community compliance
with the National Flood Insurance Program (NFIP).
(1)
A variance from these floodplain bylaws must meet the requirements
set out by the state law, and may only be granted if:
M.
Reference to existing regulations.
(1)
The Floodplain District is established as an overlay district to all other districts. All development in the District, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with Chapter 131, Section 40, of the Massachusetts General Laws and with the following:
(a)
Section of the Massachusetts State Building Code which addresses
floodplain and coastal high hazard areas (currently 780 CMR).
(b)
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00).
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00).
(d)
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5).
(2)
Any variances from the provisions and requirements of the above
referenced state regulations may only be granted in accordance with
the required variance procedures of these state regulations.
N.
Abrogation and greater restriction section.
(1)
The floodplain management regulations found in this Floodplain
Overlay District section shall take precedence over any less restrictive
conflicting local laws, ordinances, or codes.
O.
Disclaimer of Liability.
(1)
The degree of flood protection required by this bylaw is considered
reasonable but does not imply total flood protection.
P.
Severability Section.
(1)
If any section, provision, or portion of this bylaw is deemed
to be unconstitutional or invalid by a court, the remainder of the
bylaw shall be effective.
Q.
The operation of any marijuana establishment as defined in MGL. c.
94C, § 1, including without limitation a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retainer or any other type of licensed marijuana facility is prohibited
in all zoning districts of the Town. This prohibition shall not apply
to the sale, distribution or cultivation of marijuana for medical
purposes, licensed under Chapter 369 of the Acts of 2012 and currently
permitted in the Town of Southborough.
R.
DEVELOPMENT
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
Definitions.
Any man-made change to improved or unimproved real estate,
including but not limited to building or structures, mining, dredging,
filling, grading, paving, excavation or drilling operations, or storage
of equipment or materials [U.S. Code of Federal Regulations, Title
44, Part 59]
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. [Base Code, Chapter 2, Section 202[2]]
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities. [U.S. Code of Federal Regulations,
Title 44, Part 59; also Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. [U.S. Code
of Federal Regulations, Title 44, Part 59]
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. [Referenced Standard ASCE 24-14]
A vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
[U.S. Code of Federal Regulations, Title 44, Part 59]
See "floodway."
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30,
A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section
202[3]]
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The "actual start of construction" means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading or filling),
the installation of streets or walkways, excavation for a basement,
footings, piers or foundations, the erection of temporary forms or
the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual "start of construction" means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building. [Base Code, Chapter 2, Section 202[4]]
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. [U.S. Code of Federal Regulations,
Title 44, Part 59]
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the Building Official shall determine
it to be substantial repair of a foundation. Applications determined
by the Building Official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR. [As amended by MA in 9th Edition
BC]
For floodplain management purposes, a grant of relief by
a community from the terms of a floodplain management regulation.
[U.S. Code of Federal Regulations, Title 44, Part 59]
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR § 60.3 is presumed to be in violation until such
time as that documentation is provided. [U.S. Code of Federal Regulations,
Title 44, Part 59]
[Added 4-12-1993 ATM by Art. 43]
A.
Purpose. The purpose of the Critical Resource District
is to ensure that lands critical to the environmental quality of the
Town of Southborough are not physically developed prior to consideration
of alternatives to such development.
B.
Regulations. Critical Resource Districts, as shown
on the Zoning Map, shall be considered to be superimposed over any
other district established in this chapter. Land in a Critical Resource
District may be used as otherwise permitted in the underlying district,
subject to the following:
(1)
No density bonuses as authorized under § 174-13.2F shall be allowed for development within the Critical Resource District, but land within the district may be used to earn development bonuses for development to be located outside the district through transferring of development rights, as provided by § 174-13.2F.
(2)
Submittals under major residential development pursuant to an optional special permit as specified in § 174-13.2A must include a flexible development proposal.
[Amended 10-7-2013 STM by Art. 9]
(3)
In acting on major residential development proposals pursuant to an optional special permit as specified in § 174-13.2A, if the Planning Board determines that neither the basic development proposal before it nor any submitted alternatives can adequately protect scenic views, habitats, fragile natural environments or other critical environmental resources, it shall grant a special permit only either:
[Amended 10-7-2013 STM by Art. 9]
(a)
Upon determination that nondevelopment alternatives for utilization
of site value have been reasonably pursued and found to be infeasible,
including transfer of development rights or sale of land or rights
to the Town or other organization having land preservation purposes;
or
(b)
Upon imposition of a stipulation that no building permit is
to be issued under the special permit and no site preparation is to
take place until either 120 days lapse from the date of approval or
a Town Meeting has earlier acted on a proposal for acquisition of
fee or rights over part or all of the premises in question.
C.
The operation of any marijuana establishment as defined in MGL c.
94C, § 1, including without limitation a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana facility is prohibited
in all zoning districts of the Town. This prohibition shall not apply
to the sale, distribution or cultivation of marijuana for medical
purposes, licensed under Chapter 369 of the Acts of 2012 and currently
permitted in the Town of Southborough.
[Added 4-25-2017 ATM
by Art. 32]
[Added 4-15-1997 ATM by Art. 52]
A.
Purpose. The purpose of this section is to establish
a district in which wireless communications services may be provided
while protecting, to the greatest extent possible, public health,
safety and the general welfare. Specifically, the Wireless Communications
Services District has been created to protect the general public from
hazards associated with wireless communications towers and minimize
visual impacts from wireless communications towers on residential
districts within Southborough. For the purposes of this section, "wireless
communications services" shall mean the provision of the following
types of services: cellular telephone service, personal communications
and enhanced specialized mobile radio service. Such services, it is
anticipated, will be provided via wireless communications towers,
including antennas and accessory structures, if any.
B.
Location. The Wireless Communications Services District
shall be located on all land owned by the Town of Southborough which
is held in the care, custody, management and control of the Select
Board, School Committee and Conservation Commission, and all land
located in Highway Business Districts, Industrial Districts and Industrial
Park Districts. The Wireless Communications Services District shall
be construed as an overlay district with regard to said locations.
All requirements of the underlying zoning district shall remain in
full force and effect, except as may be specifically superseded herein.
[Amended 11-1-2021 STM
by Art. 2]
C.
Submittal requirements. As part of any application for a permit, applicants shall submit, at a minimum, the information required for site plan approval, as set forth herein in § 174-10, as may be amended. Applicants shall also describe the capacity of the tower, including the number and types of antennas that it can accommodate and the basis for the calculation of capacity, and any accessory structures.
D.
Use restrictions. A wireless communications tower (including antennas and accessory structures, if any) may be erected in a Wireless Communications Services District upon the issuance of a special permit by the Board of Appeals pursuant to § 174-9, subject to site plan approval, as set forth herein at § 174-10, as may be amended, and subject to all of the following conditions:
(1)
To the extent feasible, all service providers
shall colocate on a single tower. Towers shall be designed to structurally
accommodate the maximum number of foreseeable users (within a ten-year
period) technically practicable.
(2)
New towers shall be considered only upon a finding
by the Board of Appeals that existing or approved towers cannot accommodate
the wireless communications equipment planned for the proposed tower.
(3)
In no event shall any such tower be located
closer to two miles to any other such tower.
(4)
Tower height shall not exceed 75 feet above
the existing terrain.
(5)
A tower shall not be erected nearer to any property
line than a distance equal to the vertical height of the tower (inclusive
of any appurtenant devices), measured at the mean finished grade of
the tower base.
(6)
To the extent feasible, all network interconnections
from the communications site shall be via land lines.
(7)
Existing on-site vegetation shall be preserved
to the maximum extent practicable.
(8)
The tower shall minimize, to the extent feasible,
adverse visual effects on the environment. The Board of Appeals may
impose reasonable conditions to ensure this result, including painting
and lighting standards.
(9)
Traffic associated with the tower and accessory
facilities and structures shall not adversely affect abutting ways.
(10)
Applicants proposing to erect wireless communications
towers, accessory facilities and structures on municipally owned land
or structures shall provide evidence of contractual authorization
from the Town of Southborough to conduct wireless communications services
on municipally owned property.
E.
Nonuse. All unused towers or parts thereof or accessory
facilities and structures which have not been used for two years shall
be dismantled and removed at the owner's expense.
F.
Exemptions. Towers used for the purposes set forth
in MGL c. 40A, § 3, are exempt from the provisions of this
section.
G.
The operation of any marijuana establishment as defined in MGL c.
94C, § 1, including without limitation a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana facility is prohibited
in all zoning districts of the Town. This prohibition shall not apply
to the sale, distribution or cultivation of marijuana for medical
purposes, licensed under Chapter 369 of the Acts of 2012 and currently
permitted in the Town of Southborough.
[Added 4-25-2017 ATM
by Art. 32]
[Added 11-1-2021 STM
by Art. 10]
A.
Permitted uses are as follows:
(1)
All uses permitted in the residential districts (RA and RB).
(2)
Mixed-use development, provided that each nonresidential use in the development is a permitted use under this § 174-8.12(A) or § 174-8.12(B) and provided that the number of dwelling units does not exceed three.
(3)
Professional or business office, or bank, but not including
a medical or dental office.
(4)
Custom manufacturing of custom goods sold primarily on the premises,
such as a woodworking shop, shop for artisan or craftsperson, or bakery.
(5)
Bed and breakfast.
(6)
Child care center.
(7)
Co-work center.
B.
Permitted uses, up to a maximum of 3,000 square feet per establishment.
(1)
Retail sales and services.
(2)
Ice cream shop, sandwich shop, candy shop, other specialty food
service establishment serving walk-in customers (drive-through service
is prohibited).
(3)
Restaurant, with indoor seating and outdoor seating on an adjacent
patio (drive-through service is prohibited).
(4)
Personal services such as barber shop, beauty salon, tailor,
or shoe repair.
C.
Permitted uses by special permit from the Planning Board are as follows:
(2)
Mixed-use development that includes a nonresidential use that is a permitted use under § 174-8.12(A) or § 174-8.12(B) but with four or more dwelling units.
(3)
Mixed-use development that includes a nonresidential use requiring a special permit under this § 174-8.12.
(4)
Microbrewery.
(5)
Veterinarian, animal hospital, or animal clinic.
(6)
Medical or dental office.
(7)
Multifamily dwelling, not to exceed 10 units.
(8)
Private garage or parking for more than three cars or more than
one truck or other commercial vehicle.
(9)
Indoor recreation, athletic or exercise facility.
D.
Uses by special permit from the Zoning Board of Appeals are as follows:
E.
Prohibited uses. All uses which are not listed above, legally nonconforming
or otherwise allowable by the provisions of the zoning regulations
are prohibited.
F.
Development standards are as follows:
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum frontage: 60 feet.
(4)
Maximum front setback: 20 feet unless waived by the Planning
Board.
(5)
Maximum floor area ratio: 0.40 as of right, or a maximum of
0.50 by special permit from the Planning Board.
(6)
Minimum landscaped green space: 20%. At least 50% of the landscaped
green space shall be contiguous and located between the front building
line and front lot line unless the Planning Board approves a different
placement of the landscaped green space as part of Site Plan Review.
(9)
Residential dwellings. Single-family or two-family dwellings
in the Downtown District shall comply with RB District standards.
G.
Building regulations.
(1)
The principal entrance(s) to the building shall be on the front
facade, which shall face the street.
(2)
The maximum distance between street-level entrances in a single
building shall be 35 feet unless waived by the Planning Board.
(3)
The maximum depth of street-level commercial spaces shall be
60 feet unless waived by the Planning Board.
(4)
The maximum front setback in Subsection F(4) may be increased for purposes of amenities such as landscaping, a plaza, square, courtyard, recessed entrance, sidewalk, multi-use path, raised terrace, facade offsets, or outdoor dining, but not for vehicle use.
(5)
Affordable housing. In any multifamily or mixed-use building
with four or more units, at least 12.5% of the units shall be affordable
housing that is eligible for the Chapter 40B Subsidized Housing Inventory
(SHI) in accordance with the Chapter 40B regulations and Guidelines
of the Massachusetts Department of Housing and Community Development
(DHCD).
H.
The operation of any marijuana establishment as defined in MGL c.
94C, § 1, including without limitation a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana facility is prohibited
in all zoning districts of the Town. This prohibition shall not apply
to the sale, distribution or cultivation of marijuana for medical
purposes, licensed under Chapter 369 of the Acts of 2012 and currently
permitted in the Town of Southborough.
[Amended 4-14-1986 ATM by Art. 46; 4-14-1986 ATM by Art. 49; 4-30-1990 ATM by Art. 50; 4-8-1991 ATM
by Art. 49; 4-8-1991 ATM by Art. 50; 4-8-1996 ATM by Art. 57; 4-15-1997 ATM by Art. 56; 12-10-1997 STM by Art. 3; 4-13-1998 ATM by Art. 52; 4-8-2002 ATM by Art. 70; 4-15-2008 ATM by Art. 38; 4-16-2014 ATM by Art. 17; 4-12-2016 ATM by Art. 37; 5-22-2021 ATM by Art. 34; 3-23-2024 ATM by Art. 37]
In acting on applications for special permits, the special permit
granting authority, whether the Board of Appeals or as otherwise designated
by this chapter, shall conform to the procedural, decision-making
and filing requirements of Chapter 40A of the General Laws, shall
make general and, as appropriate, specific findings as provided herein
or called for by the subject matter and may impose conditions, limitations
and safeguards. No special permit shall issue except upon a general
finding that the use sought and its characteristics shall be in harmony
with the intent and purpose of this chapter, shall not be in conflict
with public health, safety, convenience and welfare and shall not
be substantially detrimental or offensive to the neighborhood or destructive
of property values therein. Unless otherwise designated by this chapter,
if the rights authorized by a special permit are not exercised within
two years from the date of grant thereof, they shall lapse, and a
new petition, notice, and hearing will be required for their reestablishment.
The applicant may be granted a one-year extension by applying in writing
to the special permit granting authority at least 30 days prior to
the date when the special permit is due to lapse. An extension will
only be granted for good cause and/or at the discretion of the special
permit granting authority. In addition, the following special requirements
shall apply:
A.
Decision considerations. Special permits shall be granted only if
the special permit granting authority determines that the proposal's
benefits to the Town will outweigh any adverse effects for the Town
or the vicinity, after consideration of the following preferred qualities,
among other things:
(1)
Location.
(a)
The proposal should be located near uses which are similar to
the proposed use, or if not, the nearby uses should be ones likely
to benefit from rather than be damaged by having the proposal nearby
or be permanently buffered from it.
(b)
Providing adequate water and drainage for this location should
pose no special public problems.
(c)
The site should be able to accommodate the proposal without
substantial environmental damage due to wetland loss, habitat disturbance
or damage to valuable trees or other natural assets.
(3)
Visual consequences.
(a)
Scenic views from public ways and developed properties should
be considerately treated in the site arrangement and building design.
(b)
Visibility of parking and service areas from public streets
should be minimized through site arrangement, and such areas should
be screened from abutting premises.
(c)
Except on Route 9 and in special circumstances, domestic scale
should be maintained in the building's design through massing devices,
such as breaks in wall and roof planes and through the design of architectural
features.
(4)
Access.
(a)
Access to the location should increase existing traffic by no
more than 10% at any point, taking into consideration any special
access provisions committed (ride-sharing, etc.).
(b)
Pedestrian and vehicular movement to, from and within the site
should be safe and convenient and arranged so as not to disturb abutting
properties.
(5)
Development rate.
(a)
Townwide, development should not outpace the ability of the
Town to provide necessary off-site services, including schools, water
and local road capacity.
(b)
Development making unusually large demands on service capacities
should not be allowed to preempt smaller developments from gaining
a fair share of that capacity.
B.
Accessory apartments. Special permits for accessory apartments may
be issued upon referral of the application and receipt and consideration
of a report, or after 35 days elapse without such report, from the
Board of Health, certifying that adequate provisions have been made
in accordance with the requirements of the Board of Health for drainage
and for the disposal of sewage and waste generated by the occupancy
of the apartment, and from the Planning Board, describing the lot
on which the dwelling is located, the neighborhood where it is located
and the effect of the proposed apartment thereon, the adequacy of
ingress and egress provisions, the recommendations of the Planning
Board as to the advisability of granting the special permit and any
restrictions that should be imposed as a condition thereof and the
provisions for off-street parking in a manner consistent with the
character of the premises. If the decision of the Board of Appeals
differs from the recommendations of the Planning Board, the reasons
therefor shall be stated in the decision. The accessory apartment
shall comply with the following conditions and requirements:
(1)
The habitable floor area of the accessory unit shall not exceed 25%
of the habitable floor area of the entire dwelling plus that of any
accessory building used for the accessory dwelling.
(2)
There is no other apartment on the lot on which the accessory apartment
is proposed.
(3)
Not more than the required minimum exterior alterations have been
or will be made to the one-family house and to any accessory buildings,
and the site plan of the lot and floor plans of the dwelling thereon
have been filed with the Building Inspector prior to the application
to the Board of Appeals.
(4)
The total cumulative number of accessory apartments permitted by
the Board of Appeals since January 1979 shall at no time exceed 5%
of the total number of one-family houses in Southborough at the beginning
of the year in which the application is filed, based on the Assessor's
records. Residences containing apartments shall be counted as one-family
houses for the purposes of this subsection.
C.
Hazardous waste facilities. Special permits for hazardous waste facilities
may be issued only in BV, BH, ID, IP and SP Districts upon site assignment
by the Board of Health, approval by appropriate federal and state
agencies, including the Hazardous Waste Facility Site Safety Council,
and the conclusion of siting processes by the Local Assessment Committee,
as provided in Chapter 21D of the General Laws. In considering a special
permit for such a facility, the Board of Appeals shall give due weight
to the findings and comments of the Planning Board, Conservation Commission,
Fire Chief, Police Chief, Metropolitan District Commission and the
Local Assessment Committee, including the imposition of conditions,
limitations and safeguards called for in the recommendations of these
agencies.
E.
Nonconforming uses, lots and structures. Special permits may be issued
for the extension, alteration, reconstruction or structural change
of legally nonconforming uses, structures and lots, including a change
in the nonconforming use to another nonconforming use, provided that
the Board of Appeals finds that such extension, alteration, reconstruction
or structural change shall not be substantially more detrimental to
the neighborhood, will not increase the extent of nonconformance in
size or in impact and that the cost thereof shall not exceed 50% of
the assessed value of the nonconforming structure at the time of application,
and further provided that the estimate of the cost of any extension,
alteration, reconstruction or structural change utilized by the Board
of Appeals in evaluating the above specified 50% requirement of the
assessed value shall not be less than a cost estimate of such extension,
alteration, reconstruction or structural change based on a nationally
recognized building cost estimate manual or system acceptable to the
Zoning Board of Appeals.
F.
Wetland and Floodplain District uses. Special permits may be issued
for alterations, additions and new structures and uses in WFP Districts
only when the following conditions are met:
(1)
The Board of Appeals finds no potential detrimental impact on the
neighborhood, as provided in the lead-in of this section above.
(2)
The application is referred to the Planning Board, the Conservation
Commission and the Board of Health, and their reports are received
and given due consideration, or 35 days elapse following the referral
without the receipt of said reports.
(3)
No alteration, fill, additions or new construction will occur within
the floodway, as defined by the Federal Emergency Management Administration.
(4)
The land is not, in fact, subject to flooding and not unsuitable
for the purposes of the special permit due to topography, soils or
hydrological conditions; if located in a floodplain, a registered
professional engineer certifies that the proposed development shall
not result in any increase of flood levels during the occurrence of
a 100-year flood and that adequate protection shall be provided against
the effects of current, uplift, battering and washout.
(5)
If the special permit is for the construction or improvement of access
to existing uses or to land not in a WFP District, it must be shown
that there is no feasible alternate access and that the natural flow
of watercourses will not be impeded or altered.
(6)
If the special permit is for the construction of a barn, garage or
other accessory building or structure, the applicant shall prove,
to the satisfaction of the Board of Appeals, that the special permit
will not result in an increase of ground coverage by principal and
accessory structures of more than 25%, compared to the conditions
in May 1975.
(7)
The Board of Appeals may consider compensatory storage and other mitigating measures acceptable to the Conservation Commission to meet the requirements of this Subsection F.
(8)
If the special permit is for a dam, watercourse alteration, excavation,
drainage or wetland improvements or mosquito control activities, the
Board of Appeals shall consider also the broader impacts thereof and
weigh any potential detrimental impacts against the benefits of the
proposed improvements.
G.
Two-family dwelling. The conversion of a one-family house which has
been in existence for two years or longer to a two-family dwelling
is allowed by special permit from the Board of Appeals. The application
will be considered after receipt of a report, or after 35 days elapse
without such a report, from the Board of Health certifying that adequate
provisions have been made in accordance with the requirements of the
Board of Health for drainage and the disposal of sewage and waste
generated by the occupancy of the two-family dwelling. There shall
also be a report from the Planning Board describing the lot on which
the dwelling is located, the neighborhood where it is located and
the effects of the proposed two-family dwelling thereon, the adequacy
of ingress and egress provisions, any recommendations by the Planning
Board as to the advisability of granting the special permit and any
restrictions that should be imposed as conditions thereof and the
provisions for off-street parking in a manner consistent with the
character of the premises. If the decision of the Board of Appeals
differs from the recommendations of the Planning Board, the reasons
therefor shall be stated in the decision. The two-family dwelling
shall comply with the following conditions and requirements:
(1)
The lot on which a one-family residence is to be converted to a two-family
dwelling must be a minimum of 15,000 square feet.
(2)
There must be no other apartment on the lot on which the two-family
residence is proposed.
(3)
Not more than the required minimum exterior alterations have been
or will be made to the one-family house and to any accessory buildings,
and the site plan of the lot and floor plans of the dwelling thereon
must be filed with the Building Inspector prior to the application
to the Board of Appeals.
H.
Multifamily housing for the elderly is allowed by special permit per the Schedule of Use Regulations, § 174-8.
(1)
The Zoning Board of Appeals shall grant a special permit for elderly
housing only after considering the following criteria:
(a)
No development shall exceed an average per site of a maximum
three units per contiguous acre exclusive of 80% of wetlands, and
six bedrooms per contiguous acre exclusive of 80% of wetlands. No
unit shall have more than three bedrooms; or no development shall
exceed an average per site of a maximum three units per contiguous
acre exclusive of wetlands, and six bedrooms per contiguous acre exclusive
of wetlands. No unit shall have more than three bedrooms. Any application
submitted to the Zoning Board of Appeals for a special permit for
multifamily housing for the elderly prior to December 10, 1997, shall
be exempt from the exclusion of wetlands when calculating the maximum
number of units per site.
(b)
Evidence shall be shown that, to the greatest extent possible,
the development is offering to provide for the needs of Southborough
residents of varying economic levels.
(c)
The units shall have an exterior design that is consistent with
the styles of the surrounding residential neighborhoods and the Town
of Southborough in general.
(d)
Wherever possible, pedestrian connection to local services should
be incorporated into the site design to lessen the dependency on the
automobile.
(e)
The plan shall be designed to maximize the preservation of the
natural features of the site through the use of cluster housing and/or
creative site planning. Wherever possible, existing vegetation should
be retained throughout the site as a natural buffer to adjacent properties.
(g)
The total cumulative number of units approved under this section
by the Zoning Board of Appeals since January 1998 shall at no time
exceed 7% of the total number of one-family houses in Southborough
at the beginning of the year in which the application is filed, based
on the Assessor's records. Residences containing apartments shall
be counted as one-family houses for the purposes of this subsection.
(2)
The granting of a special permit by the Zoning Board of Appeals for multifamily housing for the elderly does not relieve the applicant from receiving all other applicable approvals, including Conservation Commission, Board of Health, and site plan approval from the Planning Board (re: § 174-10).
I.
Adult uses.
(1)
Purpose and intent. This bylaw is enacted pursuant to MGL c. 40A,
§ 9A, to serve the compelling interests of the Town of Southborough
by preventing the clustering and concentration of adult entertainment
enterprises as defined herein because of the deleterious effect on
character and values of adjacent areas.
(2)
ADULT BOOKSTORE
ADULT MOTION-PICTURE THEATER
ADULT PARAPHERNALIA STORE
ADULT VIDEO STORE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other matter which are
distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its stock devices, objects, tools or toys which are distinguished
or characterized by their emphasis depicting, describing or relating
to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its stock-in-trade videos, movies or other film material which
are distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
(3)
Special permit standards. No special permit may be granted by the
Zoning Board of Appeals for an adult bookstore, adult video store,
adult paraphernalia store or adult motion-picture theater unless the
following conditions are satisfied:
(a)
No adult bookstore, adult video store, adult paraphernalia store
or adult motion-picture theater may be located less than 1,000 feet
from a residential zoning district, school, library, church or other
religious use, child care facility, park, playground, recreational
areas or another adult bookstore, adult video store, adult paraphernalia
store or adult motion-picture theater. The distance of 1,000 feet
shall be measured from all property lines of the proposed adult use.
(b)
No pictures, publications, videotapes, movies, covers or other
implements, items or advertising that fall within the definition of
adult bookstore, adult video store, adult paraphernalia store or adult
motion-picture theater merchandise or are erotic, prurient or related
to violence, sadism or sexual exploitation shall be displayed in the
windows of or on the building of any adult bookstore, adult video
store, adult paraphernalia store or adult motion-picture theater or
be visible to the public from the pedestrian sidewalks or walkways
or from other areas, public or semipublic, outside such establishments.
(c)
No special permit shall be issued to any person convicted of
violating the provisions of MGL c. 119, § 63, or MGL c.
272, § 28.
(4)
All existing adult bookstores, adult video stores, adult paraphernalia
stores and adult motion-picture theaters shall apply for such special
permit within 90 days following the adoption of this subsection.
(5)
Any special permit granted under this section shall lapse within
one-year of the date of the grant, not including the time required
to pursue or await the termination of an appeal referred to in MGL
c. 40A, § 17, if substantial use thereof has not sooner
commenced, except for good cause, or, in the case of permit for construction,
if construction has not begun within one-year of the date of grant,
except for good cause.
J.
Medical marijuana.[1]
(1)
General provisions.
(a)
Purpose and intent. This section is enacted in order to serve
the compelling interests of the Town to address possible public health,
safety and quality of life effects related to the location and operation
in the Town of a registered marijuana dispensary or any other activities
permitted or related to Chapter 369 of the Acts of 2012 (an Act for
the Humanitarian Medical Use of Marijuana). This bylaw establishes
specific zoning regulations for the limited establishment of any registered
marijuana dispensary in appropriate places and under strict conditions,
for medical marijuana infused products, medical marijuana paraphernalia,
and medical marijuana dispensing and cultivation (either related to
a registered marijuana dispensary or the personal cultivation by qualified
patients or by personal caregivers on the behalf of qualified patients).
It is the intent of this section to minimize impacts on adjacent properties,
residential neighborhoods, schools and other places where children
congregate, and other land uses potentially incompatible with medical
marijuana activities.
(b)
Applicability. No registered marijuana dispensary or related use shall be established except in full compliance with the provisions of the State Department of Public Health (DPH) regulations for medical marijuana as promulgated in the Code of Massachusetts Regulations (105 CMR 725) and this § 174-9J. The cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted hereunder.
(c)
Special terms used in this § 174-9J shall have the meanings defined in the promulgated DPH regulations for medical marijuana (105 CMR 725.004).
(d)
Nothing in this § 174-9J shall be construed to supersede or preempt any federal or state laws governing the sale, distribution or consumption of narcotic drugs. If the application of any provision of this § 174-9J shall be determined to be invalid or unenforceable, the remainder hereof shall not be affected thereby, and the provisions of this section are severable.
(2)
Basic requirements.
(a)
The Board of Appeals as special permit granting authority may grant a special permit for a registered marijuana dispensary only in the Highway Business District [as identified in § 174-8.5C(14)], Industrial Park District [as identified in § 174-8.6C(15)], or Industrial District [as identified in § 174-8.7C(14)], and only upon compliance with the following requirements:
[1]
No applicant shall have been convicted of violating the provisions
of Massachusetts General Laws c. 119, § 63, or c. 94C, or
similar laws in other jurisdictions.
[2]
The applicant has consented in writing to a criminal background
check that includes jurisdictions beyond Massachusetts.
[3]
A registered marijuana dispensary and/or cultivation activities shall only be located i) on property that borders Route 9, and ii) not less than 1,000 linear feet from a property line of a school, recreational facility or day-care center, or any facility in which children commonly congregate [see definitions in § 174-9J(2)(c) below] located in the Town of Southborough, and iii) not less than 100 linear feet from a property line of a residence located in the Town of Southborough. The required distances shall be measured from all property lines of the proposed facility.
[4]
Any permitted registered marijuana dispensary site shall comply
with the requirements of the Town's Sign Bylaw[2] at all times and, upon penalty of special permit revocation,
shall not use any advertising material that is misleading, deceptive,
false, or that is designed to appeal to minors. Off-site signage or
advertising in any form (including billboards) is prohibited.
[5]
No activities, products or treatment occurring within or on
the premises of a registered marijuana dispensary shall be displayed
in the windows or on the building thereof, or be visible to the public
from the pedestrian sidewalks or walkways or from other areas, public
or semi-public, outside such facility or premises.
(b)
No person shall be deemed to have any entitlement or vested
rights to permitting under this bylaw by virtue of having received
any prior permit from the Town of any kind, including prior permitting
under this bylaw.
(c)
DAY-CARE CENTER
RECREATIONAL FACILITY
SCHOOL
For purposes of this § 174-9J, the following terms shall have the meanings ascribed:
Any establishment, whether public or private, that provides
care for children and is licensed by the Massachusetts Department
of Early Education and Care.
A park, playground, forest preserve, conservation area, running
trail or track, hiking trail, beach, wading pool, soccer field, baseball
field, football field, basketball court, hockey rink, dance or gymnastic
studio, whether publicly or privately owned, to which the public has
a right of access as an invitee.
Any public or private educational facility that provides
services to children in grades 12 or under.
(3)
Term of special permit. Any special permit issued pursuant to this § 174-9J shall be valid for a period of two years from the date of issuance. Any renewal of a special permit shall be governed by the then-existing standards and procedures set forth in this bylaw, and any regulations adopted pursuant thereto by the Board of Appeals.
[Added 4-11-1994 ATM by Art. 40]
A.
Common driveways serving more than two or more detached
single-family dwellings shall not be allowed in any district unless
evidence can be presented to the Planning Board that a common driveway
would be more beneficial to the Town than a conventional plan. The
Planning Board, in considering the granting of a permit for a common
driveway, must be assured the following minimum requirements have
been met:
(1)
Frontage: each lot served by a permitted common driveway
must have its own full required frontage on a public way.
(2)
The design of common driveways shall assure adequate
access for emergency and public safety vehicles to include turnaround
provision in all seasons, provide water service, if available, including
hydrants, and provide adequate drainage of surface waters.
(3)
A declaration of covenants, easements and restrictions
for the use and maintenance of said common driveways shall be required
by the Planning Board and shall include satisfactory arrangements
concerning driveway maintenance, snowplowing and restriction against
future use as a public way. Said covenants, easements and restrictions
shall be perpetual, run with the land and be recorded at the Registry
of Deeds.
(4)
In the best interest of public safety, the Planning
Board may require the common driveway to be officially named, clearly
identified with appropriate signage and with all residences within
the way addressed to indicate this name.
B.
The Planning Board shall act on any request for a
common driveway permit within 30 days of application, in which time
they will seek input from the Departments of Public Safety, Public
Works, Board of Health and solicit comments from the Conservation
Commission.
C.
Enforcement. To assure that the conditions of the
common driveway permit are met to the greatest extent possible, the
following items must be satisfied prior to the issuance of an occupancy
permit for any house on the common driveway:
[Added 4-15-1997 ATM by Art. 51]
(1)
A Town-approved Declaration of Common Driveway, Easement
and Covenant shall be signed by the buyer and filed with the Registry
of Deeds. A master covenant, designed by the Planning Board, could
be used.
(2)
It would be the responsibility of the developer to
provide the Inspector of Buildings with the above required documentation,
including, if appropriate, an engineering report asserting that all
required work has been completed per the plans and conditions approved
by the Planning Board.
[Amended 4-8-1985 ATM by Art. 39; 4-14-1986 ATM by Art. 48; 4-13-1987 ATM by Art.
43; 4-11-1988 STM by Art. 4; 4-26-1990 ATM by Art. 41; 4-8-1996 ATM by Art. 51; 4-15-1997 ATM by Art. 56; 4-25-2017 ATM by Art. 30; 5-22-2018 STM
by Art. 3; 5-22-2021 ATM by Art. 36]
A.
The purpose of the site plan review procedure is to encourage a desirable
and compatible character of development within the Town of Southborough
and to assure safety, promote logic, imagination and innovation in
the design process while complying with all zoning requirements. The
requirements of this section shall be applicable to the following:
B.
Site plan review will be processed by one of the following means:
(1)
Minor plan review. Any new development, or expansion in use other
than a single-family or two-family residence which adds less than
2,000 square feet of floor area or which would require at least five
but fewer than 20 parking spaces regardless of the number of parking
spaces existing on the premises, or any change of use of a facility
that totals less than 2,000 square feet shall be subject to minor
plan review by the Planning Board. The Planning Board shall also seek
the advice of the Conservation Commission in the review of all minor
plan submissions.
(a)
A complete application form, filing fee and multiple copies
of all submission documents shall be submitted to the office of the
Planning Board according to instructions on the application form.
All plans will be prepared at a scale no greater than one inch equals
40 feet on standard twenty-four-by-thirty-six-inch sheets and shall
show, as a minimum:
[1]
All existing and proposed buildings, including setbacks.
[2]
Existing and proposed parking.
[3]
Driveway openings.
[4]
All property and street lines.
[5]
Existing and proposed landscaping.
[6]
Existing and proposed signs.
[7]
Surfacing, indicating treatment of all surfaces.
[8]
Location of all wetlands.
[9]
Method of sewage disposal.
[10]
Water supply.
[11]
Stormwater drainage.
[12]
Such other information as the Planning Board may
reasonably request.
(b)
Minor site plan is not a public hearing.
(c)
The Planning Board shall approve, or disapprove all submittals
for minor site plan review within the required 30 days of a completed
application to the office of the Planning Board, but the required
time may be extended by written agreement between the applicant and
the Board, a copy of said agreement to be filed with the Town Clerk.
The actions allowed by the minor site plan approval are authorized
for a one-year period from the date of grant thereof. The applicant
shall be granted a single one-year extension by applying to the Planning
Board, in writing, prior to the date of expiration. If the actions
permitted are not exercised or the approval not extended, they shall
lapse, and a new application will be required.
(d)
Where applicable, all other criteria and conditions of this
section will govern minor plan review.
(2)
Major plan review. Any new development, or expansion in use other
than a single-family or two-family residence which adds 2,000 square
feet or more of floor area or which would require 20 or more parking
spaces, regardless of the number of parking spaces existing on the
premises, or any change of use of a facility that totals 2,000 square
feet or more shall be subject to major plan review by the Planning
Board. The major site plan submission shall consist of the following
elements:
(a)
Ownership, zoning, use and the general location of structure
and topography within 300 feet of the property lines of the site or
adjacent land contiguously owned with the site.
(b)
All plans will be prepared at a scale no greater than one inch
equals 40 feet on standard twenty-four-by- thirty-six-inch sheets
and shall show, as a minimum, all site features, existing or proposed,
including but not limited to the following:
[1]
Driveways, including widths.
[2]
Parking facilities, including dimensions thereof.
[3]
Loading facilities.
[4]
Service areas.
[5]
Street line, including widths.
[6]
Roadways, including widths.
[7]
Pedestrian walks, including widths and types of surface.
[8]
Landscaping designation, specific plantings.
[9]
Screening.
[10]
Signs, including proposed sizes, mounting heights,
types and drafted design.
[11]
Lighting, including plan location and detail information,
size, type and wattage.
[12]
Surfacing, indicating treatment of all surfaces.
[13]
Existing trees on the site which are a caliper
of six inches or larger.
[14]
Wetlands.
[15]
Drainage, including detailed design data, pipe
sizing, etc.
[16]
Stone walls.
[17]
Topography at two-foot contour intervals.
[18]
Sewage disposal, including detailed design information.
[19]
Water supply.
[20]
Curbing.
[21]
Such other information as the Planning Board may
reasonably request.
(c)
The construction of the work as detailed on the site plan shall
not deviate from the work shown on the approved site plan. Accordingly,
the site plan shall contain a sufficient level of detail to ensure
the constructability of the project. Supporting details and documentation
shall be presented as part of the site plan submission. Suitable space
to record action of the Planning Board including signature lines shall
be provided on each plan sheet.
(3)
Incomplete applications for both the minor and major review shall
not be accepted by the Planning Board. Following submission of a site
plan to the Planning Board, the Board or its designee shall review
the application/plan for completeness within three business days of
the submission. Completeness shall be based on the requirements of
the respective subsections for minor or major review. If the submission
is determined incomplete by the Planning Board or its agent, notice
will be provided to the applicant within three business days of the
submission specifying the deficiencies.
C.
The plans for minor or major site plan approval shall be prepared
by a professional engineer, land surveyor, architect or landscape
architect registered to practice in the Commonwealth of Massachusetts.
A complete application form, filing fee and multiple copies of all
submission documents shall be submitted to the office of the Planning
Board according to instructions on the application form.
D.
Approval required.
(1)
Site plan approval shall be granted by a majority vote upon determination
by the Planning Board that the following are complied with. Any new
building construction or other site alteration shall provide adequate
access to each structure for fire and service equipment; shall provide
adequate provision for utilities and stormwater drainage consistent
with the functional requirements of the Southborough Planning Board's
Rules and Regulations for the Subdivision of Land; shall be so designed
that for the given location, type and extent of land use, the design
of building form, building location, egress points, grading and other
elements of the development shall be so as to:
(a)
Minimize the volume of cut and fill, the number of removed trees
six inches in caliper and larger, the length of removed stone walls,
the area of wetland vegetation displaced, the extent of stormwater
flow increase from the site, soil erosion and the threat of air or
water pollution.
(b)
Maximize pedestrian and vehicular safety and convenience within
the site and egressing from it.
(c)
Minimize obstruction of scenic views from publicly accessible
locations.
(d)
Minimize visual intrusion by minimizing the visibility of parking,
storage or other outdoor service areas viewed from public ways or
premises residentially used or zoned; minimizing glare from headlights
through plantings or other screening; minimizing lighting intrusion
through use of such devices as cutoff luminaires confining direct
rays to the site; fixture mounting height not higher than 20 feet;
and avoiding unreasonable departure from the character of buildings
in the vicinity.
(2)
The Planning Board shall adopt and from time to time amend reasonable
regulations for the administration of these guidelines.
E.
The Planning Board shall hold a public hearing on the application
for major site plan approval, with a written notice of the time and
place of said hearing being given the applicant and the Select Board.
The applicant is responsible for sending this notice to the certified
abutters by certified mail, return receipt requested, at least 10
days before the scheduled hearing. The Planning Board shall not act
on the application until it has received and given due consideration
to the recommendations of the Select Board or until 10 days have elapsed
after the public hearing without receipt of the Select Board's comments.
[Amended 11-1-2021 STM
by Art. 2]
F.
The Planning Board shall act on a complete application for major
site plan approval and shall notify, in writing, the applicant, the
Select Board and the Building Commissioner of its action within 60
days of the receipt of a complete application filed with the Town
Clerk, but the required time may be extended by written agreement
between the applicant and the Board, a copy of said agreement to be
filed with the Town Clerk. Failure of the Planning Board to so act
and to notify the applicant within said 60 days shall constitute approval
of the site plan. Upon site plan approval, the applicant shall provide
final plan sets for Planning Board endorsement, followed by a digital
copy after Planning Board signatures. The actions allowed by the major
site plan approval are authorized for a one-year period from the date
of grant thereof. The applicant shall be granted a single one-year
extension by applying to the Planning Board, in writing, prior to
the date of expiration. If the actions permitted are not exercised
or the approval not extended, they shall lapse, and a new application,
notice and hearing will be required.
[Amended 11-1-2021 STM
by Art. 2]
G.
Any person aggrieved by the action of the Planning Board on either
minor or major site plan approval application may appeal said action
to a court of competent jurisdiction in accordance with MGL c. 40A,
§ 17, as amended. No action shall take effect until 20 days
have lapsed after the decision has been filed in the office of the
Town Clerk and any appeals have been resolved.
H.
Minor departures from the site plan as approved may be authorized
by the Building Commissioner after approval of the Planning Board
if required by engineering or other circumstances not foreseen at
the time of plan approval. Any change increasing the size of any building
or structure, changing the location of any building, parking or access
road by more than 10 feet or reducing landscaping or screening or
increase to site lighting levels may be made only through review by
the Planning Board following the same procedures as for an original
submittal. Any departure must be requested, in writing, with the basis
for the change given. Any change authorized shall be recorded on the
file copy of the site plan with the Building Commissioner signature
and the date.
I.
The removal, fill or change of grade of earth materials, including soil, loam, sand or gravel, undertaken in order to construct or locate buildings, structures and such features accessory thereto as ways, driveways, areaways, walks or parking areas, and therefore exempt from regulations under Chapter 85 of this Code, is a part of construction and development process regulated by the Zoning Chapter. Except as necessary for the construction of detached one- or two-family dwellings and of features accessory thereto, the removal, fill or change of grade of earth materials for the purposes defined above shall be subject to approval under this section. Where the commencement of removal, fill or change of grade of earth materials precedes construction by three months or more, the submission and approval of the site plan may be undertaken in two stages, with the information for the first stage limited to property boundaries, existing and proposed topography at two-foot or lesser contour intervals, the character of the soil to be removed, added or relocated, the location and depth of any service and drainage conduits or pipes and the approximate location of any existing or proposed buildings, structures or physical features accessory thereto. Each stage shall be treated as a separate site plan for the purposes of this section, and the approval of Stage 1 of a site plan shall not be construed to assure the subsequent approval of Stage 2.
J.
Compliance. The issuance of an occupancy permit will not be given
prior to the satisfactory completion of all elements and conditions
of the approved site plan. A temporary occupancy permit may be issued
after the satisfactory completion of all items essential to public
health and safety and sufficient bonding acceptable to the Planning
Board is provided to the Town to cover all outstanding items.
[Added 4-14-1986 ATM by Art. 49; amended 4-8-1991 ATM by Art.
48]
Within the Village Business District, major site plan approval shall be by special permit from the Planning Board, subject to the procedural requirements and decision criteria of § 174-9, Special permit requirements, and § 174-10, Site plan approval, and the following in addition to the above:
A.
Submittals must include floor plans and architectural
elevations of all proposed buildings.
B.
Design shall comply with the following guidelines, except as provided at Subsection C below:
(1)
Scenic views, if any, visible from public ways
should be preserved to the degree reasonably consistent with the given
type and scale of use.
(2)
Major dimensions of any building should be approximately
parallel or perpendicular to one or more nearby streets, if within
100 feet of such street.
(3)
The appearance of primary wall and roof materials
should match that of materials commonly found on existing buildings
within the Town.
(4)
Except for buildings adjacent to Route 9, domestic
scale should be produced through massing devices such as breaks in
wall and roof planes and through design of architectural features.
(5)
The building should not be made, in effect,
a sign, through painting with bold patterns, checks or other graphics
devices or use of unconventional building form.
(6)
There should be some element of consistency
with any buildings on abutting premises facing the same street, such
as consistency in eave height, wall materials or window proportions.
C.
A design may be approved despite noncompliance with one or more of the guidelines under Subsection B if one or more of the following are determined to be true.
(1)
The proposal, despite not meeting the guidelines,
is nevertheless appropriate to its context, considering the established
character of the vicinity, the degree of departure of this proposal
from that character and the functional or symbolic role the structure
is proposed to play.
(2)
The proposal will have minimal consequence for
Town appearance because of its low public visibility, owing to obscure
location or screening.
(3)
No better compliance would be reasonably possible,
taking into consideration the basic use and intensity of the proposal.
[Added 11-1-2021 STM
by Art. 10]
In the Downtown District, major site plan approval shall be by special permit from the Planning Board for any use requiring a special permit. In such cases, the procedural requirements and decision criteria of § 174-9, § 174-10, and 174-10.1(A) through (C) shall apply. The Planning Board may adopt design guidelines and apply them to major site plan approval applications regardless of whether a special permit is required. The Planning Board is authorized to promulgate design guidelines to carry forth the purpose and intent of these bylaw provisions.
[Amended 4-14-1986 ATM by Art. 41; 4-14-1986 ATM by Art. 49; 4-10-2000 ATM by Art.
57]
A.
Purpose. The Town of Southborough regulates and restricts
the use of signs and other identification devices within the Town
for the purpose of:
(1)
Promoting public safety and convenience of the streets
and roads, sidewalks and other pedestrian spaces, public property
and private property within public view;
(2)
Preserving for the present and future inhabitants
the natural, architectural and historical assets and other qualities
which distinguish the Town as a highly desirable community;
(3)
Protecting business viability, economic opportunity,
property values, educational values, aesthetic integrity, Village
character, creativity and community appearance by exercising prudent
control; and
(4)
Encouraging compatibility and harmony with surrounding
buildings, land and land uses.
B.
AGRICULTURAL SIGN
AWNING SIGN
BANNER
BUSINESS ESTABLISHMENT
FACADE OF THE BUSINESS ESTABLISHMENT
HEIGHT
INTERNALLY ILLUMINATED SIGN
LEGAL NONCONFORMING SIGN
MOVING SIGNS
ROOF SIGN
SIGN
STANDING SIGN
TEMPORARY SIGNS
TRAFFIC SIGNS
TRAILER OR VEHICLE SIGNS
WALL SIGN
WINDOW SIGN
Definitions. As used in section (§ 174-11), the following words and terms shall have and include the following meanings:
A sign which has wording that may be changed periodically
to advertise products raised or grown principally on the premises.
Any and every sign displayed on an awning or canopy. An "awning"
or "canopy" is any device, fixed or retractable, of any material,
which extends over or otherwise covers a sidewalk, courtyard, walkway,
eating area, driveway or other area or space, whether that area or
space is intended for pedestrians, vehicles or other purposes.
Any and every sign whatever the nature of the material or
manner of composition, message or design, frequently displayed on
a pole or staff which can be freestanding or attached to a building
or structure, and temporary or removable in nature. Official flags
of governmental jurisdictions properly displayed shall not be considered
as banners or otherwise considered as signs for the purposes of this
Zoning Bylaw.
Each separate place of business whether or not consisting
of one or more buildings.
That portion of the building wall facing a street or containing
a public entrance, which corresponds to the height and width of the
interior space rented or owned by the tenant of the business establishment.
The maximum vertical distance measured from the finished
grade to the highest point of the sign or its supporting structure,
whichever is higher.
Each and every sign which utilizes translucent panels, canvas
or other fabric, letters, devices including gas-filled luminous tubes
or other similar components to create an image by allowing light to
pass through.
Any nonconforming sign legally erected prior to the adoption
of this section, or any amendment thereof.
Any and every sign any part of which moves, is designed to
move or to be moved, by any means.
Any and every sign located above, or projecting above, the
apex of the roof or the top of a parapet wall of any building, or
which is painted or otherwise attached or affixed to a roof.
Any letter, word, symbol, drawing, picture, design, device,
article or object that advertises, calls attention to or indicates
any premises, persons, products, businesses or activities or that
conveys or is intended to convey any message whatever the nature of
the material and manner of composition or construction. (Historical
date plaques and markers approved by the Historical Commission and
flags and insignias of governmental jurisdictions shall not be considered
signs except when displayed for the purpose of commercial promotion.)
Any and every freestanding sign erected on or affixed to
the land and includes any and every sign that is not attached to a
building.
Any and every sign which by its design and/or use is temporary
in nature, frequently composed of paper, posterboard and/or cardboard
or other material attached so as to be visible through windows and
glass doors or otherwise displayed on a property, typically containing
messages relative to sale, lease, rental or construction of property,
garage or yard sales and similar occasional uses, special sales, bazaars,
dinners or other events.
Any sign limited solely to directing traffic within or setting
out restrictions on the use of parking areas.
For the purposes of this sign bylaw, a vehicle, motor vehicle
or self-propelled vehicle shall be considered and regulated as a sign
when or under such circumstances any such vehicle is not engaged in
the usual business or work of the owner or lessee but is used for
advertising purposes.
Any and every sign attached to a building and not considered
to be a roof sign or window sign.
Any and every sign consisting of individual letters or graphics
painted or otherwise similarly affixed directly to, or hanging behind,
the glass surface of a window or door and designed to be visible from
the outside of any building.
C.
General provisions.
(1)
Permit not required. The following types of signs
do not require a permit from the Inspector of Buildings:
(a)
Signs not exceeding four square feet in area
and bearing only property numbers, or names of residents of premises.
(b)
Flags and insignia of any government, except
when displayed in connection with commercial promotion.
(c)
Legal notices, identification information or
direction signs erected by governmental bodies.
(d)
Integral decorative or architectural features
of buildings, except letters, trademarks, moving parts or moving lights.
(e)
Signs directing and guiding traffic and parking
on private property, but bearing no advertising matter.
(f)
In accordance with MGL c. 94, § 295C,
standard gasoline fuel pump signs on service station fuel pumps bearing
thereon in usual size and form the name, type and price of the gasoline.
(g)
Open/closed signs not exceeding two feet by
three feet; one per business.
(h)
Open flags, not exceeding three feet by five
feet and not containing any promotional logos or advertising; one
per business.
(i)
Temporary signs.
(2)
Basic requirements, all districts.
(a)
The only signs allowed in the Town of Southborough
are signs that advertise, call attention to or indicate the person
occupying the premises on which the sign is erected or maintained
or the business transacted thereon or that advertise the property
itself or any part thereof as for sale or rent and which contain no
other matter.
(b)
Billboards and similar signs are specifically
prohibited.
(c)
Flashing, moving, changing message and animated
signs are prohibited.
(d)
No sign may be illuminated between 10:00 p.m.
and 6:00 a.m. except signs identifying police or fire stations or
businesses open to serve the public on site.
(e)
"No hunting, fishing, etc.," signs exceeding
one square foot are prohibited.
(f)
Permits. No sign shall be erected or altered
on the exterior of any building or on any land unless and until application
for the erection or alteration of such sign has been filed with the
Building Inspector, with such information and drawings as he may require,
and permit for the erection of the sign has been issued by him.
(g)
No sign may depict or represent any sexual conduct
or state of sexual excitement as defined in MGL c. 272, § 31,
nor shall any such representations or depictions be placed upon or
within the windows or walls of the premises so as to be visible to
the public from the exterior of the premises.
(h)
Banners, pennants, streamers, ribbons, spinners
and other moving, fluttering, revolving or changing devices and strings
of lights shall not be used as signs or parts thereof, provided that
lights may be used as part of a religious celebration not connected
to commercial promotion, and further provided that banners or similar
devices may be used for temporary political signs.
(3)
Illumination of signs. Illumination shall be by white,
steady, stationary light shielded and directed solely (or by silhouette)
at the sign. The foregoing is applicable to signs exterior to a building
and to permanent interior signs designed to be visible through a door
or window. No sign may utilize translucent panels, canvas or other
fabric, letters, devices or other similar components to create an
image by allowing light to pass through, except for businesses fronting
on Route 9. The light, whether internal or illuminating the sign from
the outside, shall not be placed, directed or arranged so as to throw
a beam of light, glare or reflection on any street or highway, walk
or nearby properties of others in such a manner as to create a traffic
hazard or nuisance. Illuminated signs are prohibited in residential
and conservation districts.
(4)
Maximum number of signs allowed. Unless otherwise
provided herein there shall be not more than two of the four following
types of signs: wall, window, standing or awning for each business
establishment with the following exceptions:
(a)
If a business establishment has more than one
public entrance at street level there may be additional signs at each
such entrance, other than the wall to which the principal sign is
attached. Such signs shall not exceed 15 square feet or 10% of the
facade of the business establishment, whichever is less. If a business
establishment consists of more than one building, a secondary sign,
not exceeding 15 square feet or 10% of the facade of the business
establishment, whichever is less, may be affixed to a wall of each
such building, not including the building to which the principal sign
is attached.
(b)
In addition to the foregoing sign or signs,
one directory of the business establishments occupying a building
may be attached to the exterior wall of the building at each public
entrance to the building. Such directory shall not exceed an area
determined on the basis on one square foot for each establishment
occupying the building or six square feet in total area, whichever
is less.
(5)
Maximum area of signs allowed. For purposes of determining
the maximum size limitations, any intermediary removable surface to
which a sign is attached shall be deemed part of the sign; and any
sign composed of separate letters, numbers or symbols cut into or
attached to a wall or painted on or otherwise attached to an awning,
canopy or window shall be deemed to the extreme limits of the sign.
A two-sided sign, with messages on opposite sides (back-to-back),
will be deemed to be one sign; a sign with faces at an angle to each
other shall be deemed to consist of several signs, one for each direction
faced. The sum of the areas of wall, window and awning signs of a
business in the aggregate shall not exceed the lesser of the following
two amounts:
(6)
Nonconforming signs. Any legal nonconforming sign
may continue to be maintained but shall not be enlarged, reworded,
redesigned or altered in any way unless it is brought into conformity
with these requirements. Any such sign which has been destroyed or
damaged to such an extent that the cost of restoration would exceed
35% of the replacement value of the sign at the time of the destruction
or damage shall not be repaired or rebuilt or altered unless in conformity
with this section. The exemption herein granted shall terminate with
respect to any sign which:
(a)
Shall have been abandoned for six months or
more;
(b)
Advertises or calls attention to any products,
businesses or activities which have not been carried on or sold for
six months or more; or
(c)
Shall not have been repaired or properly maintained
within 60 days after notice to that effect has been given by the Inspector
of Buildings.
(7)
Construction and maintenance. No sign shall be painted
or posted directly on the exterior surface of any wall or roof. All
signs must be painted, posted or otherwise securely attached to a
substantial intermediary removable surface which shall be securely
attached to the building. The foregoing, however, shall not prevent
installation of a sign consisting of individual letters or devices
securely attached to the building. The material and construction of
any sign and intermediary surface and the manner of attaching the
sign to the intermediary surface and the intermediary surface to the
wall of the building shall be in accordance with applicable provisions
of the State Building Code. All signs, together with their structural
elements, shall be kept in good repair and in proper state or preservation
to the reasonable satisfaction of the Inspector of Buildings. The
Inspector of Buildings may order the removal of any sign that is not
maintained in accordance with the provisions of this Zoning Bylaw.
(8)
Roof signs. No sign shall be erected or maintained
on the roof of any building or structure in any district.
(9)
Standing signs. No standing sign shall be erected
if, in the opinion of the Building Inspector, it creates a safety
hazard to vehicular or pedestrian traffic.
(10)
Wall signs. A wall sign shall be parallel to
or perpendicular to a wall of the building and shall not project beyond
the face of any other wall of the building, or above the top of the
wall to which attached. A wall sign shall not project more than one-foot,
in the case of a sign parallel to the wall, or four feet in the case
of a sign perpendicular to the wall, from the face of the wall to
which attached, provided that in no case shall a perpendicular sign
project into, on or over a public sidewalk, street or way.
(11)
Temporary signs. Temporary signs shall be removed
promptly after the sale, event or reason for the sign message has
been concluded. Temporary signs shall not be maintained for more than
a thirty-day period, except as may be otherwise specifically provided
below, as determined by the Inspector of Buildings, unless proper
sign permits have been obtained. A temporary sign erected for the
purpose of the sale, lease, rental or construction of real estate
is not subject to the thirty-day display limitation but shall be removed
promptly after such sale, lease, rental or construction has been effected
or completed. Temporary signs pertaining to construction shall not
be erected prior to the commencement of work.
(12)
Traffic signs. The regulations contained herein
shall not apply to traffic signs not exceeding four square feet in
area.
(13)
Gasoline filling stations and garages. Gasoline
filling stations and garages may, if they elect to do so, divide the
principal sign area to which they are entitled into separate signs
attached to and parallel to the wall to which the principal sign may
be attached and indicating the separate operations or departments
of the business; provided, however, that the total size of the separate
signs shall not exceed the maximum size permitted under this section
for a single exterior sign on such wall. Signs displayed on structural
canopies over gasoline pumps or gasoline pump islands shall be regulated
as wall signs.
(14)
Agricultural signs. One sign not to exceed 32
square feet shall be allowed and the wording may be changed periodically
to advertise products raised or grown principally on the premises.
(15)
Awning signs. The following provisions shall
apply to all awning signs:
(a)
Awning signs may only be located at the first
floor level and must be painted on or attached flat against the surface
of the awning or canopy and shall not extend beyond the valance or
any other part of the awning or canopy nor be attached to or displayed
on the sides or underside;
(b)
The area of an awning sign shall not exceed
25% of the surface area of the awning or canopy eligible for placement
of signs;
(c)
Awning signs shall not be back lit or internally
illuminated; and
(d)
Awning signs shall not be used in combination with wall signs except as provided below. An awning sign which consists of letters only, not more than eight inches in height and includes no other form of graphic, logo or symbol; and is located only on the valance of the awning or canopy and no other sign, graphic, logo or symbol is displayed on the awning or canopy; and does not occupy more than 50% of the horizontal length of the valance of the awning or canopy shall not be subject to the limitations of Subsection C, General Provisions, Subsection (4), Maximum number of signs allowed, and Subsection (5), Maximum area of signs allowed.
D.
Sign regulations. (See notes at end of this Subsection D.)
[Amended 3-23-2024 ATM by Art. 36]
|
Sign Type
|
Maximum Height
(feet)
|
Maximum Area
|
Maximum Number
| ||
|---|---|---|---|---|---|
|
Residential,1 Conservation
Districts, Research, Scientific and Professional District
| |||||
|
Standing or wall
|
6
|
4 sq. ft.
|
1 per lot
| ||
|
Temporary
|
6
|
6 sq. ft.
|
1 per lot
| ||
|
Business Village District, Downtown District
| |||||
|
Standing
|
10
|
25 sq. ft.
|
1 per building
| ||
|
Wall
|
15
|
25 sq. ft.
|
1 per business
| ||
|
Awning
|
—
|
25% of awning or canopy2
|
1 per business
| ||
|
Temporary
|
10
|
15 sq. ft.
|
1 per building
| ||
|
Highway Business, Industrial, Industrial Park
Districts fronting streets other than Route 9
| |||||
|
Standing
|
15
|
75 sq. ft.
|
1 per lot
| ||
|
Wall
|
20
|
50 sq. ft.
|
1 per business
| ||
|
Window (permanent)
|
—
|
10 sq. ft.3
|
1 per business
| ||
|
Awning
|
25% of awning or canopy2
|
1 per business
| |||
|
Temporary window
|
25% of window4
| ||||
|
Temporary
|
10
|
25 sq. ft.
|
1 per lot
| ||
|
Highway Business, Industrial, Industrial Park
Districts fronting Route 9
| |||||
|
Standing
|
25
|
100 sq. ft.
|
1 per lot
| ||
|
Wall
|
20
|
75 sq. ft.2
|
1 per business
| ||
|
Window (permanent)
|
10 sq. ft.3
|
1 per business
| |||
|
Awning
|
25% of awning or canopy2
|
1 per business
| |||
|
Temporary window
|
25% of window4
| ||||
|
Temporary
|
10
|
25 sq. ft.
|
1 per lot
| ||
|
Municipal, state, federal or private educational
institution, religious institution within a Residential District
| |||||
|
Standing
|
6
|
10 sq. ft.
|
1 per lot
| ||
|
Wall
|
15
|
10 sq. ft.
|
1 per building
| ||
|
Awning sign
|
Not allowed
| ||||
|
Temporary
|
6
|
12 sq. ft.
|
1 per lot
| ||
|
NOTES:
|
|---|
|
1 Residential development
within other districts in Town must comply with the sign regulations
for residential district.
|
|
2 Or 10% of the total
area of the facade of the business establishment, whichever is less.
|
|
3 Or 10% of the total
area of exterior area of exterior windows of the business establishment
excluding doors, whichever is less.
|
|
4 Paper or posterboard
only. Such signs shall not be placed on any window with a permanent
window sign.
|
E.
Special permits for signs.
(1)
The Board of Appeals shall consider requests for special permits in accordance with §§ 174-9, 174-11 and 174-25 of this Zoning Bylaw. The Board of Appeals may grant a special permit for a sign not meeting limitations of sign height, maximum number of signs allowed, illuminations of signs, maximum area of signs allowed and minimum setback; provided, however, that the sign is otherwise in compliance with the provisions of this section. In no case, however, shall approval be granted for:
(a)
A wall sign which exceeds in height the top
of the wall;
(b)
A sign in a Residential District, except that
a special permit may be granted for a sign at a legal nonconforming
use.
(c)
A standing sign in districts other than Residential,
Conservation, Research, Scientific and Professional Districts:
[1]
Which exceeds in height:
[a]
Fifteen feet in the Business Village
Districts and the Downtown District.
[Amended 3-23-2024 ATM by Art. 36]
[b]
Twenty feet in districts other
than Business Village Districts fronting on streets other than Route
9 and the Downtown District.
[Amended 3-23-2024 ATM by Art. 36]
[c]
Twenty-five feet in districts other
than Business Village Districts fronting on Route 9.
[2]
Or exceeds in area:
[a]
Thirty-five square feet in the
Business Village Districts and the Downtown District.
[Amended 3-23-2024 ATM by Art. 36]
[b]
Seventy-five square feet in districts
other than Business Village Districts and the Downtown District fronting
on streets other than Route 9.
[Amended 3-23-2024 ATM by Art. 36]
[c]
Two hundred square feet in districts
other than Business Village Districts fronting on Route 9.
(d)
A wall sign in districts other Residential,
Conservation, Research, Scientific and Professional Districts which
exceeds in area:
[1]
Thirty-five square feet in Business Village
Districts and the Downtown District.
[Amended 3-23-2024 ATM by Art. 36]
[2]
Seventy-five square feet in districts other
than Business Village Districts and the Downtown District fronting
on streets other than Route 9.
[Amended 3-23-2024 ATM by Art. 36]
[3]
One hundred square feet in districts other than
Village Business Districts fronting on Route 9.
(2)
The Board of Appeals will not act on any special permit
or variance application without first receiving a written report from
the Planning Board. A favorable report of the Planning Board shall
indicate that:
(a)
Sign scale is determined to be in reasonable
relation to development scale, viewer distance and travel speed and
sign sizes on nearby structures.
(b)
Sign size, shape and placement serves to define
or enhance architectural elements of the building such as columns,
sill lines, cornices and roof edges and do not unreasonably interrupt,
obscure or hide them.
(c)
Sign design is in harmony with other signage
on the same or adjacent structures and provides reasonable continuity
in mounting location and height, proportions and materials.
(d)
Sign materials, colors, lettering style, illumination
and form are reasonably compatible with building design, neighborhood
context and use.
(e)
Sign size, location, design and illumination
are not judged to present a safety hazard to vehicular or pedestrian
traffic. An unfavorable report of the Planning Board shall indicate
which of the above criteria were not met and shall state what modifications
to the sign or signs could be made to render a favorable report.
[Amended 4-8-1985 ATM by Art. 36; 4-14-1986 ATM by Art. 47; 4-26-1990 ATM by Art.
43]
A.
General requirements. There shall be provided off-street parking and loading facilities in accordance with the requirements of this section on the same lot as the use to which they are accessory, except that parking for nonresidential uses may be provided on a contiguous lot in the same ownership and zoning district as the lot on which the principal building or use is located. The Building Inspector shall interpret and apply the requirements for parking and loading spaces. Loading or parking layout for nonresidential uses shall be shown on and approved as part of a site plan under the provisions of § 174-10.
B.
Surfacing. Required vehicular use areas shall be paved
with bituminous concrete unless serving a single-family dwelling.
An alternative surface may be approved by the Planning Board upon
its determination that drainage, erosion, siltation, dust and appearance
will be satisfactorily controlled. Where an alternative to bituminous
concrete is authorized by the Planning Board, the following shall
be complied with:
(1)
Access drives shall be paved with bituminous concrete
or other pavement authorized by the Planning Board for at least 15
feet inside of the street or property line unless the street itself
is not paved.
(2)
Grading and materials selection shall assure that
surface materials will not be carried into the street and that drainage
is positively provided for.
(3)
If there are eight or more parking spaces there shall
be provisions for identifying individual spaces through use of segmented
bumper strips or other similar permanent means.
C.
Dimensional requirements.
(1)
Loading. Each loading space shall be not less than
10 feet in width, 14 feet in height and of such length that a truck
or trailer occupying the space shall be entirely in the loading space
and shall not project into any street, vehicular accessway or pedestrian
walk. The loading space may use common access driveways and aisles
with parking spaces, where such access is adequate for both purposes.
If located within 50 feet of a residence district or if used frequently
at night, loading spaces shall be enclosed. Loading spaces shall not
be located within the required front yard.
(2)
Parking. Each parking space shall be at least 9 1/2
feet wide and 18 feet long, exclusive of aisles and maneuvering space;
for parking at right angles to a central aisle, the width of the aisle
shall not be less than 22 feet, and an equal width shall be provided
at each end of a row of parking spaces; for angle or herringbone parking
at 45° or 60° and one-way circulation, the width of aisles
shall be consistent with the dimensions recommended by the Institute
of Transportation Engineers, provided that for parking facilities
for more than five cars, the total area shall be not less than 300
square feet times the number of parking spaces. Unobstructed access
to and from a street shall be provided and shall not require backing
out into a street. Two or more nonresidential uses may share a combined
facility, provided that its continued availability is assured and
the total number of spaces equals or exceeds the number required by
this section. The number of parking spaces required by the Architectural
Barriers Board located nearest to and to both sides of the entrance
of a building used by the public and/or by employees shall be reserved
for the exclusive use of handicapped persons and shall be identified
by appropriate signs at each parking space and by the wheelchair symbol
painted within each such parking space. Up to 25% of parking spaces
dedicated to use by employees or occupants and not by the general
public and up to 15% of such spaces for use by customers, visitors
or general public may be reduced to not less than 17 feet by eight
feet and marked as being reserved for compact cars only.
D.
Loading requirements. Not fewer than the number of
loading spaces indicated in the following table shall be provided:
|
Floor Area of Building or Structure
(square feet)
|
Retail Trade, Wholesale Trade, Storage,
Manufacturing
|
Consumer Service Offices, Hotels, Institutions,
Dormitories, Other Nonresidential Uses
| |
|---|---|---|---|
|
5,000 to 15,000
|
1
|
0
| |
|
15,001 to 50,000
|
1
|
1
| |
|
50,001 to 100,000
|
2
|
1
| |
|
100,001 to 150,000
|
3
|
2
| |
|
150,001 to 300,000
|
4
|
3
| |
|
Each additional 100,000 over 300,000
|
1 additional
| ||
|
Each additional 200,000 over 300,000
|
1 additional
|
E.
Parking requirements. Off-street parking spaces shall
be provided according to the following schedule, and not more than
25% of the required parking spaces, other than for dwellings, shall
be located in the required front yard.
(1)
Dwellings: two spaces for each dwelling unit containing
one or two bedrooms, three spaces for each dwelling unit containing
three or more bedrooms, plus one space for each 80 square feet of
floor area devoted to a customary home occupation or a professional
use.
(2)
Hotels, motels, board or rooming houses and other
places providing overnight accommodations: one space for each room
accommodation, plus one space for each two employees, plus one space
for each 400 square feet of public meeting area and restaurant.
(3)
Restaurants and other places serving food or beverages:
one space for each three seats, plus one space for each employee,
provided that drive-in establishments shall instead provide one space
for each 50 square feet of gross floor area, plus one space for each
two employees.
(4)
Schools and colleges: two spaces per classroom for
elementary and intermediate; 2 1/2 spaces per classroom for secondary,
and one space per two students beyond secondary; none to be fewer
than one space per teacher and staff.
(5)
Banks and libraries: one space for each 250 square
feet of floor area in public use, plus one space for each 500 square
feet of other gross floor area.
(6)
Hospitals, nursing homes, homes for the aged. Hospitals:
one space per bed; nursing homes: one space per two beds; homes for
the aged: one space per 1 1/2 units.
(7)
Theaters, membership clubs and places of amusement,
recreation and assembly (public or private): one space per four seats.
(8)
Retail stores and consumer service establishments:
one space for each 150 square feet of gross floor area, exclusive
of storage space.
(9)
Gasoline service stations: two spaces for each lubrication
pit, lift or bay, plus one space for each employee.
(10)
Warehouses: one space for each 1,500 square
feet of gross floor area.
(11)
Medical and dental offices: one space per 200
square feet gross floor area.
(12)
Industry, processing, manufacturing, assembly
and research and development: one space for each 300 square feet of
floor area, plus space for company-owned trucks and vans and the required
loading spaces.
(13)
All other offices and nonresidential uses: 3 1/2
spaces for each 1,000 square feet of gross floor area.
(14)
Temporary reduction in the number of paved parking spaces. Whenever new or increased off-street parking spaces are required to be provided on premises subjected to a site plan review and approval by the Planning Board under the provisions of § 174-10 hereof and if, in the opinion of the Planning Board, based on evidence presented by the applicant, the full number of parking spaces will not be needed for at least three years, the Planning Board may, in its approval of the site plan, temporarily reduce the number of parking spaces paved, designated, striped and graded, subject to the following requirements:
[Amended 4-8-1991 ATM by Art. 47]
(a)
The Planning Board shall have the right to review
the temporary reduction every three years or whenever evidence is
presented to it that such review is warranted and shall have the right
to require the paving and development of additional parking spaces
up to the full number required by this chapter.
(b)
The applicant shall be required to provide the
entire area called for by this chapter and shall landscape, plant
with grass or shrubbery and maintain as open space any part thereof
not needed for parking.
(c)
In no case shall the number of parking spaces developed, paved, marked and available for parking be less than 60% of the total number of such spaces called for by this chapter, and no cars shall be parked on undeveloped reserved land, except in an emergency. The areas to be developed and paved and to be temporarily held as landscaped open space shall be clearly identified on the site plan, and their location and layout shall be consistent with § 174-10B, C and D. Anyone required to provide at least 12 parking spaces and wishing to take advantage of this temporary reduction provision shall proceed in accordance with the provisions of this subsection and of § 174-10 hereof, even though not otherwise subject to its requirements.
F.
Exceptions in the Downtown District. Off-street parking requirements for development in the Downtown District shall comply with Subsection E above except for the off-street parking requirements for the following uses:
[Added 11-1-2001 STM by Art. 10[1]]
(1)
Dwellings: two spaces for each dwelling unit, plus one space for
each 80 square feet of floor area devoted to a customary home occupation
or a professional use.
(2)
Bed and breakfast: one space for each guest room plus two spaces
for the owners of the premises.
(3)
Restaurants and other places serving food or beverages: one space
for each four seats.
(4)
Mixed-use development: one space per dwelling unit and one space
per 300 square feet of nonresidential floor area.
(5)
Professional or business office: one space per 300 square feet for
ground floor offices and one space per 350 square feet for offices
above the first floor.
G.
Egress.
(1)
Any driveway likely to carry more than 200 trips per
average business day must comply with the following unless the Board
of Appeals grants a special permit for an alternative configuration,
upon its determination that safety will be adequately protected, based
on commonly employed engineering standards:
|
On Route 9
|
Other Locations
| |
|---|---|---|
|
Exiting vehicle unobstructed sight distance
at edge of traveled way
|
500 feet
|
200 feet
|
|
Driveway center-line separation from other driveways
serving 200 plus trips
|
300 feet
|
100 feet
|
|
Driveway center-line separation from intersecting
street sideline
|
150 feet
|
50 feet
|
|
Maximum driveway width unless greater width
justified by engineered design
|
24 feet
|
18 feet
|
|
Curb radius
|
50 feet
|
25 feet
|
|
Acceleration/deceleration lanes required
|
Yes
|
No
|
(2)
No existing parcel shall be divided into lots with
frontage which would preclude meeting the driveway separation requirements,
unless access rights-of-way are deeded to enable shared egress.
[Added 4-11-2005 ATM by Art. 40; amended 5-22-2021 ATM by Art. 35]
A.
Purpose.
(1)
This section recognizes the benefits of outdoor lighting and
provides clear guidelines for its installation, so as to help maintain
and complement Southborough's character. The intent of this section
is to:
(a)
Encourage lighting that provides safety, utility and security, productivity,
enjoyment and commerce;
(b)
Prevent glare on public roadways;
(c)
Protect the privacy of residents;
(d)
Promote energy-efficient outdoor lighting;
(e)
Limit the total allowable illumination of lots located in the Town
of Southborough;
(f)
Minimize adverse off-site impact such as light trespass, and obtrusive
light;
(g)
Curtail light pollution and reduce skyglow to create a healthy nighttime
environment for residents of Southborough.
(2)
The Planning Board is authorized to promulgate rules and regulations
to carry forth the purpose and intent of these bylaw provisions. Appropriately
regulated, and properly installed, outdoor lighting will contribute
to the safety and welfare of the residents of Southborough.
B.
Applicability.
(1)
Outdoor illumination by flood or spot luminaries rated at 900
lumens or more (which is approximately equal to one sixty-watt incandescent
light bulb) or by any other luminaires rated at 1,800 lumens or more
(which is approximately equal to one 120-watt incandescent light bulb)
shall be subject to the provisions of this section including application
to single- and two-family residential lots, with the following exceptions:
(2)
It shall also not apply to any luminaire intended solely to
illuminate any freestanding sign, flag or the walls of any building,
but such luminaire shall be shielded so that its direct light is confined
to the surface of such sign, flag or building.
(3)
Those existing luminaires which are not in compliance with § 174-12.1, entitled "Outdoor illumination," as of its effective date shall nevertheless be considered in compliance provided such luminaires satisfy the previous bylaw provisions as enacted by the Town Meeting on April 11, 2005, by passage of Article 40 thereof, until the replacement of fixtures or luminaires is required as set forth herein. Fixtures or luminaires requiring replacement, for any reason, including but not limited to end of life, breakdown, vandalism shall be replaced in compliance with this bylaw and further comply with the guidance outlined in the Rules and Regulations for Outdoor Illumination as promulgated by the Planning Board.
(4)
The Planning Board, in performing review pursuant to § 174-10, Site plan approval, may determine that special circumstances of the site, context or design make an alternative lighting design at least equally effective in meeting the purposes of this section and, in such cases, may modify the requirements of this section.
D.
BACKLIGHT
BUG RATING
CORRELATED COLOR TEMPERATURE (CCT)
FIXTURE
FLOOD LUMINAIRE
FRONTLIGHT
FULL CUTOFF
FULLY SHIELDED LUMINAIRE
GLARE
HARDSCAPE
INDIRECT LIGHT
LAMP
LED (LIGHT-EMITTING DIODE) LAMP
LIGHT TRESPASS
LUMEN
LUMINAIRE
LUMINAIRE LUMENS
MOUNTING HEIGHT
SPOT LUMINAIRE
UPLIGHT
Definitions. For the purposes of this section, the following terms shall be defined as indicated below. Although set forth here for convenience, the terms shall have the same effect as if in § 174-2 of this bylaw.
For an exterior luminaire is the ninety-degree quarter-sphere
located behind and below the light source. For luminaires with symmetric
distribution, backlight will be the same as front light.
A luminaire classification system that classifies backlight
(B), uplight (U), and glare (G) per IES TM-15-11.
A specification of the color appearance of the light emitted
by a lamp, relating its color to the color of light from a reference
source when heated to a particular temperature, measured in degrees
Kelvin (K).
The assembly that houses a lamp or lamps, and which may include
a housing, a mounting bracket or pole socket, a lamp holder, a ballast,
a reflector or mirror, and/or a refractor, lens or diffuser lens.
Artificial light in a bright and broad beam, typically greater
than a ninety-degree beam angle, illuminating a wider area for visibility
in a short distance. These lights are typically used for landscape
lighting, parking lots, architectural lighting, work lighting, and
other applications that require wide light spread.
For an exterior luminaire is the ninety-degree quarter-sphere
located in front and below the luminaire.
A luminaire designed with an opaque shield surrounding and
extending below the lamp, such that no direct light is emitted above
a horizontal plane.
A luminaire constructed and installed in such a manner that
all light emitted by the luminaire, either directly from the lamp
or a diffusing element, or indirectly by reflection or refraction
from any part of the luminaire, is projected below the horizontal
plane through the luminaire's lowest light-emitting part.
Light emitted from a luminaire with intensity great enough
to produce annoyance, discomfort or a reduction in a viewer's ability
to see, and in extreme cases causing momentary blindness.
Permanent hardscape improvements to the site including parking
lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways,
and non-vegetated landscaping that is 10 feet or less in width. Materials
may include but are not limited to concrete, asphalt, stone, and gravel.
Light scatter caused by direct light being redirected from
a surface.
The component of a luminaire that produces the actual light.
An electric lamp with a much longer lifespan than incandescent
lighting and low energy consumption.
The shining of direct or indirect light produced by a luminaire
beyond the boundaries of the lot on which it is located.
A measure of light energy generated by a light source. One
footcandle is one lumen per square foot. For purposes of this bylaw,
the lumen output shall be the initial lumen output of a lamp, as rated
by the manufacturer.
A complete lighting unit (fixture), consisting of a lamp,
or lamps and ballast(s) (when applicable), together with the parts
designed to distribute the light (reflector, lens, diffuser), to position
and protect the lamps, and to connect the lamps to the power supply.
For luminaires with relative photometry per Illuminating
Engineering Society (IES), it is calculated as the sum of the initial
lamp lumens for all lamps within an individual luminaire, multiplied
by the luminaire efficiency. If the efficiency is not known for a
residential luminaire, assume 70%. For luminaires with absolute photometry
per IES LM-79, it is the total luminaire lumens. The lumen rating
of a luminaire assumes the lamp or luminaire is new and has not depreciated
in light output.
The height of the photometric center of a luminaire in feet
above grade level. Feet above grade level refers to the overall average
grade of the area being illuminated.
Artificial light that projects a longer, narrow beam of light,
typically less than ninety-degree beam angle, illuminating a narrow
area over a long distance. These lights are often found in gardens,
above garage doors, on police and search-and-rescue vehicles, or other
applications where focused light is needed.
For an exterior luminaire is all of the light escaping above
the luminaire.
E.
Lighting zones. The lighting zone shall determine the limitations
for lighting as specified in this section.
(1)
LZ-0: no ambient lighting.
(a)
Areas where the natural environment will be seriously and adversely
affected by lighting. Impacts include disturbing the biological cycles
of flora and fauna and/or detracting from human enjoyment and appreciation
of the natural environment. Human activity is subordinate in importance
to nature. The vision of human residents and users is adapted to the
darkness, and they expect to see little or no lighting. When not needed,
lighting should be extinguished.
(b)
Zoning Districts: Conservation and Research, Scientific and
Professional.
(2)
LZ-1: low ambient lighting.
(a)
Areas where lighting might adversely affect flora and fauna
or disturb the character of the area. The vision of human residents
and users is adapted to low light levels. Lighting may be used for
safety and convenience but it is not necessarily uniform or continuous.
After curfew, most lighting should be extinguished or reduced as activity
levels decline.
(b)
Zoning Districts: Residence A and Residence B.
(3)
LZ-2: moderate ambient lighting.
(a)
Areas of human activity where the vision of human residents
and users is adapted to moderate light levels. Lighting may typically
be used for safety and convenience, but it is not necessarily uniform
or continuous. After curfew, lighting may be extinguished or reduced
as activity levels decline.
(b)
Zoning Districts: Business Village, Downtown District.
[Amended 3-23-2024 ATM by Art. 36]
(4)
LZ-3: moderately high ambient lighting.
(a)
Areas of human activity where the vision of human residents
and users is adapted to moderately high light levels. Lighting is
generally desired for safety, security and/or convenience and it is
often uniform and/or continuous. After curfew, lighting may be extinguished
or reduced in most areas as activity levels decline.
(b)
Zoning Districts: Business Highway, Industrial and Industrial
Park.
(5)
Non-shielded wall-packs, barn lights, and floodlights not aimed
downward are prohibited in all zones.
 |
F.
Total site lumen limit. The total installed initial luminaire lumens
of all outdoor lighting shall not exceed the total site lumen limit.
The total site lumen limit shall be determined using the hardscape
area and table below. For sites with existing lighting, existing lighting
shall be included in the calculation of total installed lumens. The
total installed initial luminaire lumens are calculated as the sum
of the initial luminaire lumens for all luminaires.
[Amended 3-23-2024 ATM by Art. 36]
|
Table 1
Allowed Total Initial Lumens Per Site for Outdoor Lighting by
Hardscape Method
| |||
|---|---|---|---|
|
LZ-0
|
LZ-1
|
LZ-2
|
LZ-3
|
|
• Conservation
• Research, Scientific and Professional
|
• Residential A
• Residential B
|
• Business Village
• Downtown District
|
• Business Highway
• Industrial
• Industrial Park
|
|
0.5 lumen per SF of hardscape
|
1.25 lumens per SF of hardscape
|
2.5 lumens per SF of hardscape
|
5.0 lumens per SF of hardscape
|
G.
Correlated color temperature (CCT). All proposed LEDs shall have
a correlated color temperature (CCT) between 2,200K and 3,000K.
H.
Exterior lighting plan. Applications subject to the provisions of § 174-10, Site plan approval, shall submit a lighting plan which shall include the following information, except to the extent waived by the Planning Board. All other lighting not subject to the provisions of said § 174-10 does not require a lighting plan but shall meet the standards as set forth in this bylaw, unless as may otherwise be provided herein. The installation of fixtures or luminaires shall be subject to the provisions of this bylaw and comply with guidance outlined in the Rules and Regulations for Outdoor Illumination maintained by the Planning Board. The lighting plan shall include the following information and comply with the regulations adopted pursuant to this bylaw:
(1)
Location, orientation and type of outdoor luminaire, including
the height of the luminaire, both existing and proposed;
(2)
Type of lamp, such as metal halide, compact fluorescent, high
pressure sodium, LED;
(3)
Luminaire manufacturer's specification data, including lumen
output and photometric data showing cutoff angles, as well as a description
of all illuminating devices, fixtures, lamps, supports, reflectors,
both existing and proposed; this may include, but is not limited to,
catalog cuts and illustrations by manufacturers;
(4)
Complete report of BUG rating data for all luminaires (if not
already included in the manufacturer's specification data) calculated
from photometric data (as per IES TM-15-11) showing compliance with
the Planning Board Rules and Regulations for Outdoor Illumination;
(5)
Photometric plan showing the intensity of illumination expressed
in footcandles at ground level within the interior of the property
and at the property boundaries that also includes the total site lumen
limit; limits to off-site impact; light shielding for LED lighting;
and the correlated color temperature; according to adopted regulations;
(6)
Evidence that the plan complies with light trespass restrictions
as set forth herein.
I.
Waivers. An applicant may make a waiver request to the Planning Board
for increased lighting levels within any given lighting zone and the
Planning Board shall have such waiver authority hereunder.
J.
Lighting control requirements. Automatic switch controls shall be
provided that automatically extinguish all outdoor lighting when sufficient
daylight is available using a control device or system such as a photoelectric
switch, astronomic time switch or equivalent functions from a programmable
lighting controller, building automation system or lighting energy
management system, all with battery or similar backup power or device.
The exterior lighting plan shall establish curfew time(s) after which
total outdoor lighting lumens shall be reduced by at least 30% or
extinguished. Lighting reductions are not required for any of the
following:
(1)
Lighting for residential properties including multiple residential
properties not having common areas; with the exception of landscape
lighting.
(2)
When the outdoor lighting consists of only one luminaire.
(3)
Code required lighting for steps, stairs, walkways, and building
entrances.
(4)
Lighting under canopies, in tunnels, parking garages, and similar
conditions.
(5)
When in the opinion of the Planning Board, lighting levels must
be maintained.
(6)
Motion-activated lighting.
(7)
Lighting regulated by special use in which times of operation
are specifically identified.
(8)
Businesses that operate on a twenty-four-hour basis.
K.
Community outdoor sports/recreational lighting requirements. These
requirements are an exemption from the total site lumen limit based
on hardscape metrics. Community outdoor sports or recreational facilities
will be held to the IDA, IES criteria for outdoor sports lighting.
On-field illuminance values will be determined by current IDA, IES
set forth in the Rules and Regulations for Outdoor Illumination adopted
to implement the intent and purpose of this bylaw. Standard regulations
include:
(1)
Color, luminaire correlated color temperature (CCT) may not
exceed 5,700 Kelvin;
(2)
Other lighting, parking and concession area lighting will be
considered a separate luminaire system and must meet the applicable
lighting standards for the relevant lighting zones;
(3)
Shutoff, curfew time shall be no later than 10:00 p.m. (22:00
hours); for good cause shown, the Planning Board may waive the compliance
requirement of this subsection.
L.
Street lights. Light emitted by the fixture shall have a correlated
color temperature no greater than 3,000 Kelvin and/or comply with
Massachusetts DPU tariff standards if applicable. All other street
light features are exempt from regulation under this bylaw.
M.
Light shielding for parking lot illumination. All parking lot lighting
shall have no light emitted above 90° from the installed vertical
axis.
N.
Flickering and flashing lights. No flickering or flashing lights
shall be permitted. Processes, such as arc welding, which create light
flashes shall be confined within buildings or shielded to prevent
either direct glare or flashing.
O.
Fixture mounting heights.
(1)
Wall-mounted fixtures. In nonresidential districts, a luminaire
attached to the exterior of a building or structure for area lighting
shall be mounted no higher than 15 feet above grade and shall be shielded
to control glare.
(2)
Pole-mounted fixtures. Pole-mounted exterior lighting fixtures
shall not exceed the pole-mounted height limitation of 20 feet in
all zones.
(3)
Existing nonconforming light heights may remain as mounted until
modification is proposed, at which time the height must be brought
into compliance.
P.
Ceiling-mounted fixtures. In nonresidential districts, luminaires
mounted on an exterior ceiling such as under a canopy shall be mounted
with the refractor or lens flush with or recessed in the ceiling or
fixture.
Q.
Lighting levels. Any luminaire with a lamp or lamps rated at a total
of 1,800 lumens or more (which is approximately equal to one 120-watt
incandescent light bulb) and all flood or spot luminaires rated at
900 lumens or more (which is approximately equal to one sixty-watt
incandescent light bulb) shall not emit any direct light above a horizontal
plane through the lowest direct-light-emitting part of the luminaire.
If any spot or flood luminaire rated 900 lumens or less is directed
or focused such as to cause direct light from the luminaire to be
cast toward residential buildings on adjacent or nearby land, or to
create glare perceptible to persons operating motor vehicles on public
ways, the luminaire shall be redirected or its light output controlled
as necessary to eliminate such conditions. The Planning Board reserves
the right to limit and regulate the amount of illumination on a project
site between the hours of 10:00 p.m. and 6:00 a.m., while understanding
the need for safety and security lighting.
R.
Light trespass limitations. There shall be no light trespass by a
luminaire beyond the property boundaries of the lot on which it is
located, except as within a street right-of-way for which there shall
be no limit.
[Amended 4-14-1986 ATM by Art. 42; 4-26-1990 ATM by Art. 42; 4-9-2001 ATM by Art.
64; 4-11-2005 ATM by Art. 39]
A.
Purpose and applicability.
(1)
Purpose. The purpose of this section is to preserve
and protect the community's ecological resources and to improve the
appearance, environment, character, and value of the total community;
and to protect nearby properties, thereby promoting the public health,
safety and general welfare. It is intended to establish minimum standards
for the design of landscapes for all land development projects requiring
Planning Board approval. This section also ensures that any development
will make landscaping an integral part of that plan.
(2)
Applicability. The requirements of this section shall apply as specified below to any new building, addition, or change of use in an existing structure that requires a parking increase of five or more spaces, or is subject to site plan review by the Planning Board. In performing site plan review under § 174-10, the Planning Board may authorize alternatives to the following specifications, taking into consideration existing vegetation, topography, soils and other site conditions, provided that equivalent screening, shading and articulation are achieved.
(3)
The requirements of this section do not apply to developments
or renovations in the Business Village District and the Downtown District.
However, the Planning Board may require landscaping as part of the
site plan or special permit application within the Business Village
District and the Downtown District.
B.
Landscape standards and specifications.
(1)
All submissions for projects subject to this section
shall include a comprehensive landscape plan and planting schedule.
(2)
The developer shall furnish and install all plant
materials listed on the approved landscaping plan.
(3)
Plant materials shall conform to the requirements
described in the latest edition of American Standard for Nursery Stock,
which is published by the American Association of Nurserymen.
(4)
Shade trees must be a minimum of three inches in caliper
six inches above grade, be of a species common in the area and be
ones which reach an ultimate height of at least 30 feet. Ornamental
trees must be a minimum of eight feet at the time of planting. (Eight
feet from the top of the root ball to the top of the tree). Shrubs
must be at least 36 inches in height at the time of building occupancy,
reach an ultimate height of at least five feet and be of a species
common in the area.
(5)
Do not use staking materials unless absolutely necessary.
If staking is necessary, then the developer/property owner must remove
staking materials after one full growing season.
(6)
Property owners ensure the survival and health of
required trees. If any plant material dies, the property owner must
replace it within 180 days.
(7)
All plant materials required by this chapter shall
be maintained in a healthful condition. Any and all fences required
for screening shall be properly maintained.
(8)
All planting areas shall be mulched with a three-
to four-inch layer of bark mulch or other similar material to cover
the complete planting area. However, in no case shall more than 25%
of the planting area be strictly bare mulch.
(9)
A permanent water supply system, or other acceptable
watering method, shall be provided for all planting areas. In order
to protect the Town's water supply, and encourage sound landscaping
practices, the Town of Southborough recommends sustainable watering
systems, such as: rainwater recycling systems, automatic shut-off
devices, drought-tolerant native plant material, and careful irrigation
scheduling, among others.
(10)
Plantings.
(a)
Plantings shall consist of at least one tree
per 40 linear feet of planting area length, except one tree per 20
linear feet of street planting area abutting Route 9, and at least
one shrub per three feet. Plantings preferably will be grouped, not
evenly spaced, and shall be located or trimmed to avoid blocking egress
visibility. The planting area shall be unpaved except for access drives
and walks essentially perpendicular to the area and shall be located
wholly within the lot.
(b)
Applicants are encouraged to specify salt-tolerant
species for street trees to prevent early plant loss due to winter
road salt.
(c)
Invasive plants, as defined by the Massachusetts
Invasive Plant Group, are "plants that have spread into native or
minimally managed plant systems in Massachusetts. These plants cause
economic or environmental harm by developing self sustaining populations
and becoming dominant and/or disruptive to those systems." (Under
this definition all synonyms, species, subspecies, varieties, forms,
and cultivars of that species are included unless proven otherwise
by a process of scientific evaluation.) The Town of Southborough encourages
the use of native species in all landscaping plans. Please note that
many of the invasive species listed below have native counterparts
that could be considered.
(d)
The following invasive species of plants are
prohibited from being planted:
|
Ailanthus altissirna
|
Tree of heaven
| |
|
Berberis thunbergil
|
Japanese barberry
| |
|
Celastrus orbiculatus
|
Asian or, Asiatic bittersweet, oriental bittersweet
| |
|
Elacagnus umbellata
|
Autumn olive
| |
|
Frangula alnus
|
European buckthorn, glossy buckthorn
| |
|
Lonicera x bella Zabel [morrowii x tatarica]
|
Bell's honeysuckle
| |
|
Lonicera japonica
|
Japanese honeysuckle
| |
|
Lonicera morrowili
|
Morrow's honeysuckle
| |
|
Lythrum salicaria
|
Purple loosestrife
| |
|
Phragmites australis (Ceav.) Trin. ex Steud.
|
Common reed
| |
|
Rhamnus cathartica
|
Common buckthorn
| |
|
Robinia psendoacacia
|
Black locust
| |
|
Rosa multiflora
|
Multiflora rose
| |
|
Acer platanoides
|
Norway maple
| |
|
Acer pseudoplatanus
|
Sycamore maple
| |
|
Euonymus alatus
|
Burning bush
| |
|
Ligustrum species
|
Privet
| |
|
Spiraea japonica
|
Japanese spirea
|
C.
Street planting area. Street planting is required for all nonresidential premises. Street plantings at the front of lots shall contribute to the creation of an impression of a separation of the street and the developed area of the site without necessarily eliminating visual contact between them. Street plantings adjoining or facing residential uses or residential zoning districts shall provide the strongest possible visual barriers between uses at the pedestrian level and a sense of separation. A landscaped buffer strip shall be a minimum of 15 feet in depth. The Planning Board may reduce or modify this requirement if, in their judgment, strict compliance would create a substantial hardship due to existing conditions such as lot size, location of existing buildings, or environmental conditions. Also refer to Subsection H, Existing vegetation.
D.
Side and rear line planting area. A landscape buffer
strip a minimum of 10 feet in width shall abut all side and rear property
lines.
E.
Vehicular use area plantings. All new or expanded
parking lots of five or more spaces shall be required to comply with
this section. If an existing parking lot is expanded or improved to
increase the number of spaces by five or more, it shall comply with
this section within the expanded or improved portion.
(1)
Trees shall be planted at a rate of two shade trees
or three ornamental trees for every 10 spaces or fraction thereof.
(2)
Required trees shall be located within or adjacent
to parking lots as tree islands, medians, and at the end of parking
bays, traffic delineators, or between rows of parking spaces in a
manner such that no parking space is located more than 60 feet from
a tree.
(3)
Planting areas within parking areas shall provide
a minimum of 81 square feet per tree with a minimum inside dimension
of nine feet and a minimum prepared depth of 18 inches.
(4)
The exterior perimeter of all vehicular use areas
shall be planted with a buffer strip at least five feet in width,
excluding accessways. Any vehicular use area abutting a lot that is
residentially used or zoned shall be planted with a buffer strip at
least 10 feet in width and shall be supplemented with an opaque fence
or wall at least six feet high, unless there is vegetation sufficiently
dense to effectively obscure vision. Trees and soil plots shall be
so located as to provide visual relief and wind interruption within
the parking area and to assure safe patterns of internal circulation.
|
Ratios of Parking Spaces to Trees
(choose one column of trees only)
| ||||
|---|---|---|---|---|
|
# of Parking
Spaces
|
# of
Shade
Trees
|
or # of
Ornamental
Trees
|
or # of Mixed
| |
|
10
|
2
|
3
|
3
| |
|
15
|
3
|
5
|
4
| |
|
20
|
4
|
6
|
5
| |
|
25
|
5
|
8
|
6
| |
|
30
|
6
|
9
|
7
| |
|
35
|
7
|
11
|
8
| |
|
40
|
8
|
12
|
9
| |
|
45
|
9
|
14
|
10
| |
|
50
|
10
|
15
|
11
| |
|
55
|
11
|
17
|
13
| |
|
60
|
12
|
18
|
14
| |
|
65
|
13
|
20
|
15
| |
|
70
|
14
|
21
|
16
| |
|
75
|
15
|
23
|
18
| |
|
80
|
16
|
24
|
19
| |
|
85
|
17
|
26
|
20
| |
|
90
|
18
|
27
|
21
| |
|
95
|
19
|
29
|
23
| |
|
100
|
20
|
30
|
24
| |
F.
Zoning district boundary planting area. A landscaped
buffer strip, a minimum of 20 feet in width, is required on any nonresidential
premises along the full length of any boundary abutting property that
is residentially used or zoned, except that in the Industrial Park
District (IP) the buffer strip shall be a minimum of 50 feet in width.
The buffer strip shall contain existing vegetation and/or plantings
that are sufficiently dense to adequately screen adjacent residential
properties.
G.
Berms. When berms are used to meet the requirements
for a buffer strip, they shall be planted with living vegetation.
The minimum top width shall be five feet with a minimum slope of 3:1.
In no case shall more than 25% of the berm planting area be strictly
bare mulch or non-living material.
H.
Existing vegetation. Wherever possible, the above
requirements shall be met by retention of existing plants. If located
within 25 feet of a street, no existing tree of six inches in caliper
or greater (measured four feet above grade), dense hedgerow of four
or more feet in both depth and height or existing earth berm providing
similar visual screening shall be removed or have grade changed more
than one-foot unless dictated by public health, access safety or identification
of the premises.
I.
Exceptions. Where plant materials as required would
harmfully obstruct a scenic view, substitution of additional low level
plantings which will visually define the street edge or property line
may be authorized, provided that proposed buildings are also designed
and located to preserve that scenic view.
J.
Site distance restrictions. When an accessway intersects a public street or another access way, required plantings shall conform to the requirements of unobstructed site distance as outlined in the parking and loading regulations (§ 174-12F).
K.
Nonconforming landscaping and screening.
(1)
Any improvement along the property boundary, including
landscaping, screening and fencing, legally erected and conforming
to the requirement of this chapter when so erected, may continue to
be maintained, even though as a result of changes to this chapter
the boundary improvements no longer conform to its requirements, provided
that such boundary improvements shall not be enlarged, redesigned
or altered except so as to make them conform to said requirements,
and further provided that any such boundary improvements which have
been destroyed or damaged to such an extent that the cost of restoration
would exceed 50% of the replacement value of the boundary improvements
at the time of destruction or damage, shall not be repaired, rebuilt
or altered, except so as to make said boundary improvements conform
to the requirements of this chapter.
(2)
The exemption for nonconforming landscaping and screening
herein granted shall terminate with respect to any boundary improvements
which shall:
[Added 4-14-1986 ATM by Art. 46]
A.
Applicability. Any use which is designated in § 174-8 as being subject to this article requires concept plan approval by Town Meeting prior to being acted upon for special permit approval. Approval shall be by two-thirds' vote of the Town Meeting and may be made with conditions or limitations. Special permits shall then be required and shall be approved by the special permit granting authority only upon determination by that authority that the proposal is consistent with the approved concept plan or, in the event of an inconsistency, that the departure is necessitated by changed conditions or earlier error and that the inconsistency does not result in less beneficial development, based on the considerations of Subsection B below.
B.
Considerations. Compliance of the proposal with the considerations of § 174-9, Special permit requirements, shall be reported to the Town Meeting by the Planning Board and shall be the basis for subsequent special permit approval.
C.
Procedures.
(1)
Submittals. Five copies of the concept plan
shall be filed with the Planning Board.
(2)
Concept plan contents. A concept plan should
consist of the following:
(a)
A schematic development plan, indicating boundaries
of the lot, buildings, roads, drives, parking, reserved open space,
existing topography and proposed grading, areas of retained vegetation
and proposed planting areas, and a locus plan showing relation to
nearby streets, zoning district boundaries and water bodies.
(b)
Floor plans and elevations of all existing and
proposed structures.
(c)
Materials indicating the proposed ultimate floor
area in each use; time schedule for development; service improvements
proposed at the developer's and those anticipated at the Town's expense.
(d)
An estimate of peak hour trips on to and off
of the site.
D.
Pre-Town Meeting hearing. Prior to Town Meeting action,
the Planning Board shall hold a public hearing on the concept plan
with timing, notice and procedures the same as those required for
a hearing on a Zoning Bylaw amendment. The Planning Board shall report
its recommendation to the Town Meeting, with a copy of the concept
plan and the recommendation to be filed with the Town Clerk not less
than 14 days prior to the Town Meeting vote on the concept plan.
E.
Special permit. Application for an initial special
permit must be made not more than 12 months after the Town Meeting
approval of the concept plan.
[Added 4-14-1986 ATM by Art. 36; amended 4-14-1986 ATM by Art.
38; 4-13-1987 ATM by Art. 42; 4-30-1990 ATM by Arts. 48, 49; 4-8-1991 ATM by Art. 53; 4-10-1995 ATM by Art. 45]
A.
Applicability.
(1)
Special permit option. Major residential development, that is,
the creation of eight or more lots or construction of eight or more
dwelling units within an eight-year period from or on a property or
set of contiguous properties in common ownership as of January 1,
1986, is allowed either (at the applicant's option):
[Amended 4-15-2004 ATM by Art. 45; 10-7-2013 STM by Art. 9]
(a)
With a special permit from the Planning Board, as indicated in § 174-8, Schedule of Use Regulations, with applicants applying under this section required to concurrently file the application with the Southborough Housing Opportunity Partnership Committee (SHOPC); or
(b)
By right, commonly referred to as "conventional" development [and without the flexible development option available only with the special permit option in Subsection A(1)(a) above], provided that the plan conforms to the State Subdivision Control Law, to other applicable state and Town laws and regulations, to the recommendations of the Board of Health and to the Planning Board's regulations relative to the subdivision of land.
(2)
Repetitive subdivision and phasing of large
properties.
[Amended 4-10-2006 ATM by Art. 43]
(a)
Land outside a major residential development. Where a by-right subdivision of fewer than eight lots (that is, a development under the threshold size for a major residential development) is first created on one portion of a property, thereby leaving another portion of the same property remaining undeveloped, and if the applicant later desires to subdivide this remaining portion thereby creating eight or more lots overall within the eight-year period [as described in Subsection A(1) above], then the applicant may do so by applying for a special permit for a major residential development for the remaining portion. On large properties to be developed in phases, the applicant may apply for more than one special permit with no time limit.
(b)
Lots inside a major residential development.
Lots created inside a major residential development, and made a part
of the development, may not be further subdivided within eight years
except by amending the original special permit.
(3)
Flexible development option for small properties. Except as provided below, a development creating fewer than eight units does not require approval of a special permit, because it is below the threshold size. However, if an applicant wants to take advantage of this section's special features (such as flexible development) for a development of fewer than eight lots, then the applicant may do so by applying for a special permit. In this case, all requirements of this section shall apply as if the development was a major residential development, with one exception, that affordable housing shall not be required under Subsection E.
[Amended 4-10-2006 ATM by Art. 43]
(4)
Exceptions. The above requirements shall not
be applicable if the lots are restricted from residential use.
B.
Objectives. The objectives of the special permit for
a major residential development are to:
(1)
Allow for greater flexibility and creativity
in the design of residential developments.
(2)
Encourage the permanent preservation of open
space, agricultural and forestry land and other natural resources.
(3)
Maintain the Town of Southborough's traditional
New England rural character and land use pattern in which small villages
contrast with open space and farmland.
(4)
Encourage more affordable and diverse housing
types.
(5)
Protect scenic vistas.
(6)
Preserve unique and significant natural and
historical resources.
(7)
Facilitate the construction and maintenance
of streets, utilities and public services in a more economical and
efficient manner.
(8)
Encourage a less sprawling form of development.
(9)
Encourage the development of passive and active
recreation facilities.
[Added 4-12-1999 ATM by Art. 65]
C.
Application requirements. The application requirements
for the special permit for a major residential development are as
follows:
(1)
Preliminary meeting. Prior to filing an application,
the applicant shall meet with the Planning Board in order to promote
better communication and avoid misunderstanding.
(2)
Intent of alternative plans. Applications for a special permit for major residential development shall include two plans: a conventional plan and a flexible plan. The intent of this section is to approve the flexible plan wherever appropriate because the flexible plan is, in general, more capable than the conventional plan of meeting the objectives listed in Subsection B, as well as the design criteria listed in Subsection G(2). The purpose of the conventional plan is simply to establish the total number of lots or units allowed on the site, without bonuses, and consequently the number of lots allowed in the flexible plan, as provided in Subsection D(1).
(3)
Submission materials. Applicants for major residential
development shall file with the Planning Board seven copies of the
following, prepared by an interdisciplinary team, including a registered
land surveyor, a professional engineer and a registered architect
or landscape architect:
(b)
Natural conditions. Such plans shall also indicate:
(c)
Sewage disposal.
[1]
If septic systems are proposed, then the submission shall include the results of soil evaluations and percolation tests at the rate of one every five acres, but in no case fewer than five per major residential development. Soil evaluations shall be located to the satisfaction of the Planning Board so as to indicate the buildability of areas proposed either for development or for bonused reservation under Subsection F.
[2]
If alternative sewage treatment systems are
proposed, then the applicant shall meet with the Board of Health prior
to submission to the Planning Board, in order to establish the submission
requirements of the Board of Health for such a system.
(d)
Comparative analysis. A written statement as to which of the two plans (conventional or flexible) is preferred by the applicant. In addition, a brief written comparison of the impacts of a flexible development plan versus a conventional development plan. This comparison should discuss the specific site characteristics which make the preferred plan the best development option, (in the opinion of the applicant), based on the design criteria for major residential development in Subsection G(2).
D.
The Planning Board may authorize flexible development
within a major residential development, with reduced requirements
for the area and frontage of individual lots not having frontage on
an existing public way, provided that the following are complied with:
[Amended 4-8-1996 ATM by Art. 52]
(1)
Number of lots or units. The number of lots or units, excluding any bonus lots or units allowed under Subsection F, shall not exceed the number of lots in the conventional plan which shall be in full conformance with zoning, subdivision regulations and health codes. The Planning Board shall consider the recommendations of the Board of Health, the Conservation Commission and the Department of Public Works of the Town of Southborough in making said determination.
(3)
Shape and dimension of lots. Provisions in § 174-8, Schedule of Use Regulations, governing the shape and dimensions of lots, shall apply when calculating the number of lots allowed in a conventional plan, as required by Subsection D(1) above. However, these provisions shall not apply when creating new lots within a flexible plan, unless otherwise specified in this section. The dimensional requirements for flexible lots are specified in Subsection D(4) below.
(4)
Single-family requirements. The following provisions shall only apply to detached single-family dwellings on their own individual lots. Where more than one detached single-family dwelling is on the same lot (for example, single-family condominiums), then they shall be treated as multifamily dwellings for the purpose of this section, and they shall be governed by the provisions of Subsection D(5) below.
(a)
Site with individual septic systems on each
lot.
[1]
Lot area. In order to ensure adequate lot area for individual septic systems, the minimum lot area shall be 2/3 of the minimum required in § 174-8, Schedule of Use Regulations, for each zoning district.
[2]
Lot frontage. The minimum lot frontage in all
zoning districts shall be 80 feet, except as follows. Lots located
on the turnaround of a dead-end street shall have a minimum frontage
of 50 feet, provided that a front building line is designated on the
plan for such a lot, and also provided that the width of the lot at
this building line is at least equal to the minimum frontage requirement.
[3]
Front yard. Front yards shall be staggered to
provide a variety in size of such yards. In all zoning districts,
the minimum average of all front yards shall be 25 feet; however,
no front yard shall be less than 20 feet.
[4]
Side yard. The minimum side yard shall be 20
feet in the Residence A District and 10 feet in all other districts;
provided, however, that dwellings on abutting lots shall be no closer
than 30 feet which may be accomplished by staggering or other means.
[5]
Rear yard. In all zoning districts the minimum
rear yard shall be 40 feet or 30 feet if backing up to common open
space.
[6]
Setback lines. The front, side and rear setback
lines shall be shown on the definitive subdivision plan.
[7]
Open space. In all zoning districts, a minimum
of 10% of the overall site area shall be preserved in a natural state,
exclusive of wetlands, and 25% overall shall be dedicated as common
open space.
(b)
Site with alternative sewage treatment systems.
Based upon the reduced need for land on each lot if individual septic
fields are no longer required and the benefits of consolidating this
land into common preserved open space, the Planning Board may, at
its discretion, approve the following:
[1]
Lot area. The minimum lot area shall be 1/3 of the minimum required in § 174-8, Schedule of Use Regulations, for each zoning district. The reduction in lot area shall not be used to increase the total number of lots permitted in the overall site. All the site area saved through reduction in lot area shall be dedicated as common land or dedicated to the Town.
[2]
Lot frontage. The minimum lot frontage in all
zoning districts shall be 65 feet, except as follows: Lots located
on the turnaround of a dead-end street shall have a minimum frontage
of 50 feet, provided that a front building line is designated on the
plan for such a lot, and also provided that the width of the lot at
this building line is at least equal to the minimum frontage requirement.
[3]
Yards. The minimum yard dimensions shall be the same as for lots with septic systems, as provided under Subsection D(4)(a) above.
[4]
Setback lines. The front, side and rear setback
lines shall be shown on the definitive subdivision plan.
[5]
Open space. In all zoning districts, a minimum
of 20% of the site area shall be preserved in a natural state, exclusive
of wetlands, and 35% overall shall be dedicated as common open space.
(5)
Multifamily requirements. The Planning Board may authorize inclusion of multifamily dwellings within a flexible development, subject to the following, unless authorized as housing for the elderly under § 174-9H. Where more than one single-family detached dwelling is on the same lot, (for example, single-family condominiums), they shall be treated as multifamily dwellings for the purpose of this section and governed by the provisions of this subsection.
(b)
Types of units. To assure internal diversity
and continuity with surrounding development, single-family dwellings
(whether on their own individual lots or on a shared lot) are required
within a multifamily development. Not more than 2/3 of the dwelling
units on any parcel developed subject to these provisions shall be
in multifamily dwellings containing two or more units. (Note: Housing
for the elderly is not governed by this section.)
(c)
Layout of buildings. To maintain the visual
scale of the community, each multifamily dwelling unit shall have
its own exterior entrance; there shall be not more than four dwelling
units in any structure, and the multifamily structures shall be clustered
in groups, with not more than 16 dwelling units in any group. Buildings
within groups shall normally be separated from each other by not less
than twice the required side yard, and there shall be not less than
1,000 feet separation between dwellings in any such group and any
other multifamily dwellings on or off the premises, unless the Planning
Board authorizes a reduction of up to 1/3 in such requirements, upon
its determination that doing so serves the objectives of the bylaw.
(d)
Visual buffers. Visual separation from nearby
premises shall be assured through providing yards of double the usually
required dimension between any multifamily structure or parking area
for six of more cars and the boundaries of the major residential development,
and through having any exterior lighting shielded and mounted not
more than 15 feet high.
(e)
To assure environmental benefit from the compact
development which multifamily development facilitates, the site area
which shall be preserved in a natural state, exclusive of wetlands,
shall be a minimum of 10% and shall increase in direct proportion
to the percentage of multifamily units, up to a maximum requirement
of 20% preserved area. In addition, a minimum of 35% overall shall
be dedicated as common open space. Where appropriate, open space not
to be preserved in its natural state shall be utilized for recreation
to serve the needs of the Town.
[Amended 4-12-1999 ATM by Art. 65]
E.
Affordable housing.
[Amended 4-15-2004 ATM by Art. 45]
(1)
Provision of affordable units.
(a)
Number of units to be provided. All developments
including a residential component which are subject to this section
shall be required to set aside a minimum of 12.5% of the total number
of dwelling units provided as affordable housing.
(b)
Fractions. If, when applying the percentage
to the total number of units to determine the number of affordable
units, the resulting number of affordable units includes a fraction
of a unit, this fraction, if 1/2 or greater, shall be rounded up to
the next whole number. If the resulting number of affordable units
includes a fraction of a unit less than 1/2, the fraction shall be
rounded down to the next whole number.
(c)
Sale, lease or rental of units to low-income
households. Units set aside for sale, lease or rental to low-income
households shall be restricted for occupancy by qualified households
that meet the definition of "low-income" set forth in this bylaw.
(d)
Affordability of rental and ownership units.
Affordable rental and ownership units shall serve low-income households.
(e)
Relationship to the affordable housing inventory.
It is intended that the affordable housing units serving low-income
households that result from this bylaw be considered as local initiative
units in compliance with the requirements of the Commonwealth of Massachusetts
Department of Housing and Community Development, as required for the
ten-percent statutory requirement under MGL c. 40B. A "low-income
household" is defined as having a total household or family income
between 51% and 80% of the median income for the Boston Standard Metropolitan
Statistical Area, as set forth in regulations promulgated from time
to time by the U.S. Department of Housing and Urban Development, or
by a similar federal agency created to replace it, as adopted by the
Commonwealth of Massachusetts Department of Housing and Community
Development.
(f)
Relationship to public funding programs. Developers
may participate in public subsidy programs and still meet the requirements
of this section. Such participation will be subject to the approval
of the subsidizing agency and to the unit price limitations of the
funding program as well as those required by this section. In case
of conflicting price limitations, the lower price requirement shall
prevail.
(g)
Relationships to other organizations. Subject
to the approval of the Southborough Housing Opportunity Partnership
Committee and the applicable subsidizing agency, developers may elect
to work with a local nonprofit housing provider, such as the Southborough
Housing Authority, to distribute, maintain or operate the units in
accordance with the requirements and intent of this section.
(2)
Affordability requirements.
(a)
Duration of affordability. Affordable units
shall be subject to restrictions that to the extent legally possible
shall preserve the permanent affordability (in perpetuity) of the
units as defined by this bylaw, but in no case shall be fewer than
50 years.
(b)
Maximum rental price. Rents for the affordable
units, excluding utilities (heat, water, electricity), shall not exceed
30% of the targeted annual gross household income, as determined by
the Commonwealth of Massachusetts Department of Housing and Community
Development. Specific prices shall be determined by the state or federal
funding source, if applicable, and are subject to approval by the
Southborough Housing Opportunity Partnership Committee.
(c)
Maximum sales price. Housing costs, including
monthly housing payments, principal and interest payments, real estate
taxes, and insurance, shall not exceed 30% of the targeted gross household
income. Specific prices shall be determined by the state or federal
funding source, if applicable, and are subject to approval by the
Southborough Housing Opportunity Partnership Committee.
(d)
Resale prices. Subsequent resale prices shall
be determined based on a percentage of the median income at the time
of resale as determined by the federal Department of Housing and Urban
Development and adopted by the Commonwealth of Massachusetts Department
of Housing and Community Development. The resale price will be established
based on a discount rate, which is the percentage of the median income
for which the unit was originally sold. The method of resale price
calculation shall be included as part of the deed restriction. Through
agreement between the Southborough Housing Opportunity Partnership
Committee and the developer or owner, this percentage may be increased
or decreased by up to 5% at the time of resale, in order to assure
that the target income groups' ability to purchase will be kept in
line with the unit's market appreciation and to provide a proper return
on equity to the seller.
(e)
Marketing plan. The affordable units must be
rented or sold using marketing and selection guidelines approved by
the Southborough Housing Opportunity Partnership Committee, and in
accordance with state guidelines.
(f)
Preference for Town residents and persons employed
within the Town. Unless otherwise prohibited by a federal or state
agency under a financing or other subsidy program, not less than 70%
of the affordable units shall be initially offered to, in order of
preference:
[1]
To employees of the Town of Southborough for
at least five years;
[2]
Current residents of the Town of Southborough
who have resided in the Town for a minimum of five years and/or persons
who, although not currently residents of the Town, have previously
resided in the Town of Southborough for a minimum of five years in
the last 15 years.
(3)
Development standards.
(a)
Location of affordable units. Affordable units
shall be dispersed throughout the development so as to ensure a true
mix of market-rate and affordable housing.
(b)
Comparability. Affordable units shall be to
the extent possible externally indistinguishable from market rate
units in the same development. Affordable units should be comparable
to market rate units in terms of location, quality, character, and
room size.
(c)
Unit size. Except as otherwise authorized by
the Southborough Housing Opportunity Partnership Committee, affordable
units shall contain one or more bedrooms. The mix of unit sizes among
the affordable units shall be proportionate to that of the development
as a whole.
(d)
Rights and privileges. The owners or renters
of affordable units shall have all rights, privileges and responsibilities
accorded to market-rate owners or renters, including access to all
non-fee amenities within the development.
(4)
Incentive. To facilitate the objectives of this
section, modifications to the dimensional requirements in the applicable
zoning district shall be permitted for projects subject to the requirements
of this section. The modifications shall be permitted as set forth
below.
(5)
Alternative methods of affordability.
(a)
This section mandates that affordable units
shall be provided on-site. However, in certain exceptional circumstances
the Planning Board may, at the formal written request of the developer,
consider an alternative method of compliance. In granting such authorization,
the Town must find that the developer has demonstrated that building
the required affordable units on-site would create a significant hardship,
or that such alternate method of compliance is in the best interests
of the Town. A "significant hardship" shall be defined as being of
such significance that the property cannot physically accommodate
the required affordable units and/or related requirements, such as
height, setbacks, or parking. Hardship shall not be considered due
to financial or marketing consideration. To have such a request considered,
the burden of proof shall be on the developers, who must make full
disclosure to the Planning Board of all relevant information. Approval
of alternate methods of compliance shall be only for the methods described
below.
(b)
Except as set forth below, affordable units provided through an alternate method shall comply in all other respects with the requirements of this bylaw. The incentives described in Subsection E(4) are not available to development proposals in which the requirements of this section are met using the cash contribution method of compliance.
(c)
The following alternative methods of compliance,
in order of preference by the Town, may be considered by the Town
in rare, exceptional circumstances:
[1]
Off-site location. With authorization by the Planning Board as described above, affordable units may be constructed by the developer on an alternate site. The alternate site must be suitable for residential development and must be within the Town of Southborough, and must add to the Town's stock of affordable housing units. Off-site units shall be comparable in quality, size and type to the market-rate units being created, and of a number no fewer than the number of units that would have otherwise been provided on-site. Affordable off-site units allowed by this bylaw may be located in an existing structure, provided that their construction constitutes a net increase in the number of dwelling units contained in the structure. Off-site units shall be subject to the same construction schedule as otherwise required if on-site as set forth in Subsection E(6)(c).
[2]
Cash contribution. With authorization by the
Planning Board as described above, developers may make a cash payment
to the Town to be used only for the purposes of providing housing
affordable to low-income households as defined by this bylaw.
[a]
For ownership developments, the
financial contribution for each affordable unit shall be equal to
the full purchase price of an affordable unit for a four-person low-income
household as defined by this bylaw and in accordance with the regulations
and policies of the Department of Housing and Community Development.
In order to include the value of the land, the financial contribution
for each affordable unit shall also include an amount equal to the
current year's assessed value of the land divided by the total number
of units proposed, multiplied by the total number of affordable units.
[b]
For rental units, the financial
contribution for each affordable unit shall be equal to the difference
between the average market rental price for the market-rate units
in the subject development and the rent affordable to a four-person
low-income household as defined by this bylaw, calculated over a term
of 10 years. In order to include the value of the land, the financial
contribution for each affordable unit shall also include an amount
equal to the current year's assessed value of the land divided by
the total number of units proposed, multiplied by the total number
of affordable units.
[c]
Prior to the issuance of a final
occupancy permit for any portion of the project, the contribution
shall be payable in full, or a written agreement approved by the Planning
Board and SHOPC must be recorded and filed with the Town Treasurer.
(d)
Administration of funds. Funds donated to the
Town in accordance with the provisions outlined in MGL c. 44, § 53A,
shall be restricted solely for the creation of affordable housing,
located in the Town of Southborough, and as defined by this bylaw.
The funds shall be kept in a separate account by the Town Treasurer.
The Town Treasurer shall deposit the funds in a bank or invest the
same in securities as are legal under the law of the Commonwealth
of Massachusetts. Any interest earned shall be credited to and become
part of the fund. Any moneys conveyed to the Town in accordance with
this subsection shall be expended only with approval of the majority
of Town Meeting.
(6)
Enforcement.
(a)
Legal restrictions. Affordable units shall be
rented or sold subject to deed covenants, contractual agreements,
and/or other mechanisms restricting the use and occupancy, rent levels
and sales prices of such units to assure their affordability. All
restrictive instruments shall be subject to review and approval by
the Southborough Housing Opportunity Partnership Committee and Town
Counsel. All condominium documents and fees shall be subject to review
and approval by the Southborough Housing Opportunity Partnership Committee
and Town Counsel.
(b)
Timing of commitments. All contractual agreements
with the Town and other documents necessary to ensure compliance with
this subsection shall be executed prior to and as a condition of the
issuance of any approval required to commence construction.
(c)
Timing of construction. As a condition of the
issuance of approval under this subsection, the Southborough Housing
Opportunity Partnership Committee may set a time schedule for the
construction of both affordable and market-rate units. No certificate
of occupancy shall be issued for any market-rate units in a development
subject to the requirements of this subsection until 25% of the affordable
units required to be constructed have been issued a certificate of
occupancy. No certificate of occupancy shall be issued to more than
75% of the market-rate units until 100% of the affordable units required
to be constructed have obtained a certificate of occupancy.
(7)
Severability. In case any paragraph or part
of this section should be for any reason declared invalid or unconstitutional
by any court of last resort, every other paragraph or part shall continue
in full force and effect.
F.
Bonused development.
[Amended 4-15-2004 ATM by Art. 45]
(1)
Discretionary bonus. The Planning Board may
also authorize up to an additional ten-percent increase based on the
following criteria, unless the Board explains in its decision why
unusual circumstances cause the Board to act otherwise:
(a)
Middle-income units. For units designed for
households having incomes not exceeding 140% of the median family
income for the Boston Region, as estimated by the HUD Regional Economist:
[1]
Bonus: One added lot or unit for each middle-income
unit, provided that the following requirements are met.
(b)
On-site preservation of critical areas. For
land otherwise eligible to be credited towards lot area but not so
credited and either restricted under a conservation restriction or
deeded to the Town, if that land is determined by the Planning Board
to be of critical importance for retention in an undeveloped state
such as the following:
[1]
Land within 200 feet of existing major roads.
[2]
Land across which there are important scenic
views from publicly accessible points.
[3]
Land of special habitat or ecological value
and fragility.
[4]
Bonus: one added lot or dwelling unit for each
lot which could reasonably be expected to be developed in the restricted
area under a conventional plan in full conformance with zoning, subdivision
regulations, and health codes. In making this determination, the Planning
Board shall seek the advice of the Conservation Commission and Board
of Health.
(c)
Off-site preservation of critical areas. For
land in Southborough not contiguous with the parcel to be developed,
whether in the same ownership or not, if made part of the flexible
development application and to be preserved under a conservation restriction
or deeded to the Town, if the Planning Board determines that the land
is of critical importance for retention as provided under Subsection
F(2)(b) above, and that the land being developed is not of critical
importance for retention:
[1]
Bonus: one added dwelling unit for each dwelling
unit which could reasonably be expected to have been developed on
the restricted parcel under a conventional plan in full conformance
with zoning, subdivision regulations and health codes.
[2]
Critical resource bonus. In the case of land
within the Critical Resource District proposed to be restricted, added
dwelling units (which must be outside the district) shall equal double
the number reasonably expected on a conventional plan for the restricted
land.
G.
Decision.
(1)
Procedure. The procedure for approval shall
be as follows:
(a)
Approval of flexible plan. The Planning Board shall approve or approve with conditions a special permit for major residential development for the flexible plan, provided that the Board determines that the flexible plan is at least as beneficial to the Town as the conventional plan, based upon the considerations established under § 174-9, Special Permit Requirements, and Article IV of Chapter 244, Subdivision of Land, and the design criteria listed Subsection G(2) below.
(b)
Approval of conventional plan. Only if the Board
determines that the conventional plan is more beneficial to the Town
than the flexible plan shall the Board approve major residential development
for the conventional plan, provided that it meets all requirements
of this section.
(c)
Denial of both plans. Only if the Board determines
that the flexible plan is not a good-faith design or that the more
beneficial plan does not conform to the requirements of this section
shall the Board disapprove both plans.
(2)
General design criteria. The specific design
requirements in each of the prior subsections shall be met. In addition,
when evaluating the plans, the following general criteria shall be
considered by the Planning Board as indicating design appropriate
to the natural landscape and meeting the objectives of major residential
development:
(a)
Layout of open and common land.
[1]
The maximum number of lots or units shall be
contiguous to the common land.
[2]
Common land shall be arranged to protect valuable
natural environments, such as streams, valleys, outstanding vegetation
or scenic views.
[3]
The common land shall be reasonably contiguous
and coherent.
[4]
If the tract of land abuts adjacent common land
or other permanently protected open space, then the common land shall
be connected with such adjacent common land and with such permanently
protected open space.
[5]
Where appropriate, and not detrimental to the
natural features of the site, open space shall be utilized for recreation
to serve Town needs.
[Added 4-12-1999 ATM by Art. 65]
(b)
Ownership, maintenance and use restrictions
on common land and facilities.
[1]
The ownership and maintenance responsibilities
of all private and/or common areas and facilities (including but not
limited to open space, recreational facilities, roads and sewer treatment
plants, if any) shall be subject to approval of the Planning Board,
and in the case of sewer treatment plants, subject to the approval
of the Board of Health.
[2]
Private roads, if allowed by the Planning Board, shall be designed to the standards specified in Chapter 244, Subdivision of Land.
[3]
Open land, if any, unless conveyed to the Town
of Southborough, shall be covered by a recorded restriction enforceable
by the Town of Southborough, provided that such land shall be kept
in open space.
(d)
General site layout.
[1]
The elements of the site plan (lots, buildings,
circulation, common land, landscaping, etc.) shall be arranged favorably
with existing natural topography, streams and water bodies.
(e)
Circulation.
[1]
Street appearance and capacity shall be protected
by avoiding development fronting such streets.
[2]
The street system shall provide for safe and
convenient movement of vehicles on and off the site and shall be designed
to contribute to the overall aesthetic quality of the development.
[3]
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.
(3)
Subdivision approval. The granting of a special permit for a major residential development shall in no case be construed as an approval under Chapter 244, Subdivision of Land.
(4)
Subsequent changes. Subsequent to granting the
special permit and approval of a definitive plan of subdivision, the
Planning Board may permit, without initiating a new special permit
proceeding, the relocation of lot lines within the development; change
in the layout of streets; change in the use, ownership and layout
of the common land; or change in any other conditions stated in the
original special permit. The Planning Board shall require a new special
permit if it determines that the proposed changes are substantial
in nature and/or impact public health or safety.
[Added 4-10-2006 ATM by Art. 47]
A.
Purpose and authority. This bylaw is adopted under
authority granted by the Home Rule Amendment of the Massachusetts
Constitution, the Home Rule statutes, and pursuant to the Bylaws of
the Federal Clean Water Act found at 40 CFR 122.34. Environmental
protection is a significant concern of the Town of Southborough. It
is in the public interest to minimize the impacts associated with
land development and to regulate post-development stormwater runoff
discharges to control and minimize increases in stormwater runoff
rates and volumes, post-construction soil erosion and sedimentation,
stream channel erosion, and nonpoint source pollution associated with
post-development stormwater runoff. Lower impact development (hereinafter
LID) site planning and management of post-development stormwater runoff
will minimize damage to public and private property and infrastructure,
safeguard the public health, safety, environment and general welfare
of the public, protect water and aquatic resources, and promote groundwater
recharge to protect surface, groundwater, and drinking water supplies.
The purpose of this bylaw is as follows:
(1)
To protect the quality and quantity of surface
waters, reservoirs, and groundwater, to maintain the integrity of
aquatic living resources and ecosystems, and to preserve the physical
integrity of receiving streams and water bodies;
(2)
To encourage a more efficient form of development
that consumes less open land and protects existing topography, wildlife
habitats, and natural features;
(3)
To require that new development, redevelopment
and all land conversion activities maintain the natural hydrologic
characteristics of the land to reduce flooding, stream bank erosion,
siltation, nonpoint source pollution, property damage, and to maintain
the integrity of stream channels and aquatic habitats;
(4)
To establish decision-making processes surrounding
land development activities that protect the integrity of the watershed
and preserve the health of water resources; and
(5)
To minimize the total amount of disturbance
of the land.
B.
ALTER
BIORETENTION AREAS
DISTURBED AREA
INFILTRATION
LOWER IMPACT DEVELOPMENT (LID)
LID MANAGEMENT
LID TECHNIQUES
MASSACHUSETTS STORMWATER MANAGEMENT POLICY
MULTIFUNCTIONAL LANDSCAPE FEATURES
MUNICIPAL STORM DRAIN SYSTEM
NEW DEVELOPMENT
NONPOINT SOURCE POLLUTION
OPERATION AND MAINTENANCE PLAN
PERSON
PRE-DEVELOPMENT
POINT SOURCE
POST-DEVELOPMENT
RECHARGE
REDEVELOPMENT
RESOURCE AREA
RUNOFF
SEDIMENTATION
SITE
Definitions. Terms not defined in this bylaw shall
be construed according to their customary and usual meaning unless
the context indicates a special or technical meaning.
Any activity which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns. Alter may be similarly represented as "alteration
of drainage characteristics," and "conducting land disturbance activities."
Shallow depressions filled with engineered soils, topped
with a thick layer of mulch, and planted with dense vegetation that
reduce the overall amount of runoff to be treated by infiltrating
stormwater to the ground.
An area, man-made or natural, where the existing condition
has been or is proposed to be altered.
The act of conveying surface water into the ground to recharge
groundwater and to reduce stormwater runoff from a project site.
An ecosystem-based approach to land development and stormwater
management that ensures that each development site is designed to
protect, or restore, the natural hydrology of the site.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
Engineering measures that compensate for the reduced infiltration
and storage characteristics of developed sites.
The policy issued by the Department of Environmental Protection,
as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40, and Massachusetts Clean
Waters Act, MGL c. 21, §§ 23 through 56.[2] The policy addresses stormwater impacts through implementation
of performance standards to reduce or prevent pollutants from reaching
water bodies and control the quantity of runoff from a site.
Bioretention areas, swales, and conservation areas that mimic
or replicate hydrologic functions and maintain the ecological/biological
integrity of receiving streams and water bodies.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Southborough.
Any construction or land disturbance of a parcel of land
that is currently in a natural vegetated state and does not contain
significant alterations by man-made activities.
Pollution from many diffuse sources caused by rainfall or
snowmelt moving over and through the ground. As the runoff moves,
it picks up and carries away natural and human-made pollutants, finally
depositing them into water resource areas.
A plan that defines the functional, financial, and organizational
mechanisms for the ongoing operation.
Any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the commonwealth
or political subdivision thereof to the extent subject to Town Bylaws,
administrative agency, public or quasi-public corporation or body,
the Town of Southborough, and any other legal entity, its legal representatives,
agents, or assigns.
The conditions that exist at the time that plans for the
development of a tract of land are submitted to the special permit
granting authority. Where phased development or plan approval occurs
(preliminary grading, roads and utilities, etc.), the existing conditions
at the time prior to the first plan submission shall establish pre-development
conditions.
Any discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site or tract of land. Post-development refers to the phase of a new
development or redevelopment project after completion, and does not
refer to the construction phase of a project.
The replenishment of underground water reserves.
Any construction, alteration, or improvement where the existing
land use is commercial, industrial, institutional, or multifamily
residential.
Any area protected under federal, state, or local law or
regulation, including, without limitation: the Massachusetts Wetlands
Protection Act and the Southborough Wetlands Protection Bylaw.[3]
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
A process of depositing material that has been suspended
and transported in water.
The parcel of land being developed or a designated planning
area in which the land development project is located.
C.
Applicability. This bylaw shall be applicable to all new development and redevelopment, including, but not limited to, site plan applications, subdivision applications, grading applications, land use conversion applications, any activity that will result in an increased amount of stormwater runoff or pollutants flowing from a parcel of land, or any activity that will alter the drainage characteristics of a parcel of land, unless exempt pursuant to Subsection D of this bylaw. After April 10, 2006, the Planning Board shall not approve any application for development or redevelopment if the land or parcels of land were held in common ownership (including ownership by related or jointly controlled persons or entities) and were subdivided or otherwise modified to avoid compliance. A development shall not be segmented or phased in a manner to avoid compliance with this bylaw. A LID special permit shall be required from the Planning Board for the following:
(2)
Any activity that will result in soil disturbance
of one acre or more;
D.
Exemptions.
(1)
Any activity that will disturb an area less
than one acre.
(2)
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation, 310 CMR 10.04 and MGL c. 40A, § 3.
(3)
Construction and associated grading of a way
that has been approved by the Planning Board.
(4)
The maintenance, reconstruction or resurfacing
of any public way; and the installation of drainage structures and
utilities within or associated with public ways that have been approved
by the appropriate authorities.
(5)
Emergency repairs to any stormwater management
facility or practice that poses a threat to public health or safety,
or as deemed necessary by the special permit granting authority.
(6)
Any work or projects for which all necessary
approvals and permits have been issued before the effective date of
this bylaw.
(7)
Redevelopment projects are presumed to meet
the specified LID requirements described in the LID Bylaw of the Town
of Southborough if the total impervious cover is reduced by 40% from
existing conditions. Where site conditions prevent the reduction in
impervious cover, LID practices shall be implemented to provide stormwater
controls for at least 40% of the site's impervious area. When a combination
of impervious area reduction and implementation of LID techniques
is used for redevelopment projects, the combination of impervious
area reduction and the area controlled by a LID practice shall equal
or exceed 40%.
E.
Special permit application and procedure.
(1)
The Planning Board shall be the special permit granting authority for the issuance of a LID special permit. Such special permit applications shall be submitted, considered, and issued only in accordance with the provisions of this bylaw and MGL c. 40A, § 9.
(2)
To obtain approval for a project subject to
the provisions of this bylaw, the applicant shall submit a LID special
permit application that meets the LID site design principles stated
below, a LID management plan and an operation and maintenance plan
that complies with the requirements set forth herein and in the regulations
adopted pursuant to this bylaw.
(a)
Preservation of the site's natural features
and environmentally sensitive areas such as wetlands, native vegetation,
mature trees, slopes, drainageways, permeable soils, floodplains,
woodlands and soils to the greatest extent possible;
(b)
Minimization of grading and clearing;
(c)
Clustering of buildings;
(d)
Use of stormwater management components that
provide filtration, treatment and infiltration such as vegetated areas
that slow down runoff; maximizing infiltration and reducing contact
with paved surfaces;
(e)
Creation of subwatersheds to treat and manage
runoff in smaller, decentralized, low-tech stormwater management techniques
to treat and recharge stormwater close to the source;
(f)
Emphasis of simple, nonstructural, low-tech,
low-cost methods, including open drainage systems, disconnection of
roof runoff, and street sweeping;
(g)
Reduction of impervious surfaces wherever possible
through alternative street design, such as omission of curbs and use
of narrower streets, shared driveways and through the use of shared
parking areas;
(h)
Reduction of any heat island effect;
(i)
Use of native plant vegetation (invasive species
prohibited) in buffer strips and in rain gardens (small planted depressions
that can trap and filter runoff). Naturalized, noninvasive plant species
may be substituted for native plant vegetation subject to the Board's
approval.
(j)
Techniques integrated into every aspect of site
design to create a hydrologically functional lot or site, including
the following:
[1]
Vegetated open channel systems along roads;
[2]
Rain gardens;
[3]
Buffer strips;
[4]
Use of roof gardens where practicable;
[5]
Use of amended soils that will store, filter
and infiltrate runoff;
[6]
Bioretention areas;
[7]
Use of rain barrels and other cisterns to provide
additional stormwater storage;
[8]
Use of permeable pavement.
(3)
The Planning Board may waive some of the requirements
for a LID special permit application if it determines that some of
the application requirements are unnecessary because of the size or
character of the development project or because of the natural conditions
at the site. Waivers that are granted at the initial approval may
not be binding if the reasons for which the waiver was granted are
changed or no longer exist.
(4)
The applicant shall make all requests for waivers
in writing. The applicant shall submit supporting technical information
and documentation to demonstrate that some, or all, of the requirements
are unnecessary because of minimal environmental impact or other reasons
why such waiver/s should be granted. The Planning Board's decision
to grant or deny waivers shall be in writing and shall set forth the
reasons for the grant or denial.
(5)
At the time of application, the applicant shall
provide in writing the name of the person who is responsible for the
site disturbing activity which is the subject of the application.
Said person shall ensure that the approved activity takes place in
accordance with the application, plan and special permit requirements.
F.
Entry. Filing an application for a special permit
grants the Board, or its agent, permission to enter the site to verify
the information in the application and to inspect for compliance with
the resulting special permit.
G.
LID management plan.
(1)
The LID management plan shall contain sufficient
information for the Planning Board to evaluate the environmental impact,
effectiveness, and acceptability of the site planning process and
the measures proposed by the applicant to reduce all adverse impacts
from stormwater runoff to control and minimize increases in stormwater
runoff rates and volumes, post-construction soil erosion and sedimentation,
stream channel erosion, and nonpoint source pollution associated with
post-development stormwater runoff, and to minimize the impacts associated
with land development. This plan shall be in accordance with the criteria
established in this bylaw and the supporting regulations and must
be prepared, stamped and signed by a professional engineer registered
in Massachusetts, a registered land surveyor, or a Massachusetts licensed
soil evaluator, as appropriate.
(2)
The LID management plan shall fully describe
the project in drawings, narrative, and calculations. It shall meet
the criteria set forth in the regulations adopted pursuant to this
bylaw.
H.
Operation and maintenance plan contents. The operation
and maintenance plan (O&M plan) shall be designed to ensure compliance
with the LID special permit, this bylaw and to ensure that the Massachusetts
Surface Water Quality Standards, 314 CMR 4.00, are met in all seasons
and throughout the life of the system. The O&M plan shall be prepared
in accordance with the criteria established in the regulations adopted
pursuant to this bylaw, and shall be stamped and signed by a professional
engineer registered in Massachusetts, and a registered land surveyor,
as appropriate. The O&M plan shall remain on file with the Planning
Board and shall be an ongoing requirement.
I.
Performance standards: LID criteria. The LID application
and required plans shall meet the general performance criteria set
forth in the regulations adopted pursuant to this bylaw.
J.
Findings and conditions of approval.
(1)
The Board shall not approve any application
for a LID special permit unless it finds that the following conditions
have been met and the LID techniques listed herein have been employed
to the maximum extent practicable to meet the stated purpose of this
Bylaw.
(a)
A separate special permit shall be required
from the Planning Board when an area totaling one acre or more on
any parcel or contiguous parcels in the same ownership will have the
existing vegetation clear-stripped or be filled six inches or more
so as to destroy existing vegetation unless in conjunction with agricultural
activity or unless necessarily incidental to construction on the premises
under a currently valid building permit or unless within streets which
are either public or designated on an approved subdivision plan. The
special permit shall require that run-off be controlled, erosion prevented
and either a constructed surface or cover vegetation be provided not
later than the first full spring season immediately following completion
of the stripping operation. Any stripped area that is allowed to remain
stripped through the winter shall have a temporary cover of winter
rye or similar plant material for soil control, except in the case
of agricultural activity when such temporary cover would be infeasible.
(b)
Measures shall be employed to minimize adverse
impacts on wildlife habitats and corridors, natural or historic landscape
features, and scenic vistas and views.
(c)
Compliance with all applicable federal, state
and local regulations and guidelines, including but not limited to
the Stormwater Management Handbook as it may be amended, has been
demonstrated.
(2)
The Planning Board may require a cash performance
guarantee to ensure compliance with these requirements and for the
operation and maintenance of all permanent LID measures. With the
approval of the Board upon the recommendation of Town Counsel and
the Town Treasurer, as appropriate, the applicant may substitute an
irrevocable letter of credit or performance bond in lieu of the cash
performance guarantee. Any performance bond or letter of credit shall
be executed and maintained by a financial institution, surety, or
guarantee company qualified to do business in the Commonwealth of
Massachusetts.
(3)
Prior to commencement of any land disturbing
activity, the applicant shall record the special permit with the Registry
of Deeds or Registry District of the Land Court, and the applicant
shall submit to the Planning Board written proof of such recording.
(4)
At completion of the project, the owner shall
submit as-built record drawings of all structural stormwater controls
and treatment best management practices required for the site. The
as-built drawing shall show deviations from the approved plans, if
any, and shall be certified by a professional engineer registered
in Massachusetts.
(5)
Based upon the nature of the application the
Board may impose requirements or limitations to minimize the impacts,
if any, on abutting properties or uses.
(6)
The site planning process shall be documented
and shall include the following steps:
(7)
All stormwater runoff generated from land development
and land use conversion activities shall not discharge untreated stormwater
runoff directly to a wetland, local water body, municipal drainage
system, or abutting property, without adequate treatment.
K.
Enforcement. The Board or its authorized agent and
the Town of Southborough shall have the power and duty to enforce
this bylaw, its regulations, decisions, orders, violation notices,
and enforcement orders issued pursuant to this bylaw, and may pursue
all civil and criminal remedies for such violations.
(1)
Penalties. Any person who violates any provision
of this bylaw, regulation, or permit issued hereunder, shall be subject
to fines, civil action, criminal prosecution, and tax liens, as appropriate
and as lawfully established by the Town of Southborough.
(2)
Tax liens. The Town of Southborough shall require
the repayment of services provided to the responsible party that the
responsible party was obligated to perform as set forth in the operation
and maintenance plan. If repayment is not made within 30 days, the
Town may impose a tax lien on the property of the responsible party
or parties.
L.
Severability. Any determination that a particular
provision or set of provisions in this bylaw are invalid or unenforceable
shall not render ineffective, unenforceable, or inapplicable the remainder
of this bylaw.
[Added 4-14-1986 ATM by Art. 40]
A.
Design and operations guidelines. To reduce risks
of water contamination, the following design and operations guidelines
shall be observed wherever germane in all new nonresidential construction.
(1)
Safeguards. Provisions shall be made to protect
against hazardous materials discharge or loss through corrosion, accidental
damage, spillage or vandalism through such measures as provision for
spill control in the vicinity of chemical or fuel delivery points,
secure storage areas for hazardous materials and indoor storage provisions
for corrodible or dissolvable materials.
(2)
Disposal. Provisions shall be made to assure
that any waste disposed on the site shall contain no hazardous materials
in concentrations substantially greater than associated with normal
household use.
(3)
Drainage. Floor or lavatory drainage shall be
directed to an impervious retention facility for controlled removal.
Provision shall be made for on-site recharge of all stormwater runoff
from impervious surfaces unless, following consultation with the Conservation
Commission, the Building Inspector determines that either recharge
is infeasible because of site conditions or is undesirable because
of uncontrollable risks to water quality from such recharge. Recharge
shall be by surface infiltration through vegetative surfaces unless
otherwise approved by the Building Inspector following consultation
with the Conservation Commission. Dry wells shall be used only where
other methods are infeasible and shall employ oil, grease and sediment
traps. Drainage from loading and unloading areas for hazardous materials
shall be separately collected for safe disposal.
B.
Uses requiring special permits.
(1)
The following shall be allowed only if granted
a special permit from the special permit granting authority:
(a)
Waste generation requiring the obtaining of
an Environmental Protection Agency identification number, except for
small quantity generators, as defined under DEQE regulations, 310
CMR 30.351.
(b)
On-site sewage disposal having an estimated
sewage flow greater than 15,000 gallons per day, regardless of location,
or greater than 1,500 gallons per day if within 500 feet of any surface
water body.
(c)
Rendering impervious more than 75% of lot area.
(d)
Except for single-family dwellings, on-site
sewage disposal systems having an estimated sewage flow exceeding
120 gallons per day per 10,000 square feet of lot area.
(e)
Discharge to surface water requiring a permit
under 314 CMR 3.00 (NPDES permit).
(2)
Change in activity resulting in crossing any
of the thresholds of B(1)(a) through (d) shall constitute a change
of use requiring a special permit.
C.
Special permit process.
(1)
Authority and procedure. The special permit
granting authority (SPGA) shall be the Board of Appeals. Upon receipt
of the special permit application, the SPGA shall transmit one copy
each to the Planning Board, the Conservation Commission, the Board
of Health and the Building Inspector for their written recommendations.
Failure to respond within 35 days of transmittal shall indicate approval
by said agencies.
(2)
Submittals. In applying for a special permit
under this section, the information listed below shall be submitted
unless the Board of Appeals, prior to formal application, determines
that certain of these items are not germane:
(a)
A complete list of all chemicals, pesticides,
fuels or other potentially hazardous materials to be used or stored
on the premises in quantities greater than associated with normal
household use, accompanied by a description of the measures proposed
to protect all storage containers or facilities from vandalism, corrosion
and leakage and to provide for control of spills.
(b)
A description of potentially hazardous wastes to be generated, including storage and disposal methods as in Subsection C(2)(a) above.
(c)
For aboveground storage of hazardous materials
or wastes, evidence of qualified professional supervision of design
and installation of such storage facilities or containers.
(d)
For disposal on-site of domestic wastewater
with an estimated sewage flow greater than 15,000 gallons per day,
evidence of qualified professional supervision of design and installation,
including an assessment of nitrate, phosphate and coliform bacteria
impact on groundwater quality.
(3)
Special permit criteria. Special permits under
this section shall be granted only if the SPGA determines that there
is adequate assurance that there will be no violation of the Massachusetts
Surface Water Quality Standards (314 CMR 4.00) and that groundwater
quality resulting from on-site waste disposal, other operations on-site
and natural recharge will not fall below federal or state standards
for drinking water when averaged over the boundaries of the site or,
if existing groundwater quality is already below those standards,
on-site disposal or operations will result in no further deterioration
and only if the SPGA determines that proposed control and response
measures adequately and reliably mitigate risk to groundwater quality
resulting from accident or system failure. In its decision, the SPGA
shall explain any departures from the recommendations of other Town
agencies in its decision.
(4)
Conditions. Special permits shall be granted
only subject to such conditions as are necessary to assure adequate
safeguarding of water quality, which may include the following, among
others:
(a)
Monitoring wells to be located downgradient
of potential pollution sources, with periodic sampling to be provided
to the Board of Health at the owner's expense.
(b)
Pollutant source reduction, including limitations
on use of parking area deicing materials and periodic cleaning or
renovation of pollution control devices, such as catch basin sumps.
[Added 4-14-2015 ATM
by Art. 26]
A.
Purpose and intent.
(1)
The purpose of this bylaw is to provide a permitting process
and standards for the creation of new commercial solar energy systems
by providing standards for the placement, design, construction, operation,
monitoring, modification and removal of such installations to address
public safety and minimize impacts on residential neighborhoods and
scenic, natural and historic resources.
(2)
The provisions set forth in this section shall apply to the
construction, operation, repair and/or decommissioning of a commercial
solar energy system that is structurally mounted on the ground and
has a minimum nameplate capacity of 250 kW.
B.
Applicability.
(1)
Commercial large-scale ground-mounted solar energy systems with
250 kW or larger of rated nameplate capacity shall be erected or installed
in compliance with the provisions of this section and other applicable
sections of the Zoning Bylaw, as well as local, state and federal
law and regulations. Such use shall not create a nuisance which is
discernible from other properties by virtue of noise, vibration, smoke,
dust, odors, heat, glare and radiation, unsightliness or other nuisances
as determined by the special permit and site plan review granting
authority. The special permit and site plan approval granting authority
is the Planning Board.
(2)
Commercial large-scale ground-mounted solar energy systems with
250 kW or larger of rated nameplate capacity are only allowed in the
Industrial and Industrial Park Districts and shall undergo special
permit and site plan review by the Planning Board prior to construction,
installation or modification as provided in this section.
(3)
This section also pertains to physical modifications that materially
alter the type, configuration or size of these installations or related
equipment throughout the useful life of the system or where alterations
may impact abutters.
C.
General requirements
(1)
Dimensional requirements. A commercial solar energy system shall
comply with all requirements in the Schedule of Dimensional Regulations
in Addendum No. 2 of the Zoning Code of the Town of Southborough.
(2)
Structures and panels. All structures and panels and all associated
equipment and fencing, including the commercial solar energy system,
shall be subject to all applicable bylaws and regulations concerning
the bulk and height of structures, lot area, setbacks, open space,
parking and building.
(3)
Visual impact. The visual impact of the commercial solar energy
system, including all accessory structures and appurtenances, shall
be minimized. All accessory structures and appurtenances shall be
architecturally compatible with each other. Structures shall be shielded
from view and/or joined and clustered if practical to avoid adverse
visual impacts as deemed necessary by and in the sole opinion of the
Planning Board. Methods such as the use of landscaping, natural features
and opaque fencing shall be utilized.
(4)
Compliance with laws, ordinances and regulations. The construction
and operation of all commercial solar energy systems shall be consistent
with all applicable local regulations and bylaws, as well as state
and federal laws, including but not limited to all applicable safety,
construction, electrical, and communications requirements. All buildings
and fixtures forming part of a commercial solar energy system shall
be constructed in accordance with the State Building Code.
D.
Design standards.
(1)
Lighting. Lighting of the commercial solar energy system, including
all accessory structures and appurtenances, shall not be permitted
unless required by the Planning Board, special permit and site plan
approval decision or required by the State Building Code.
(2)
Signs and advertising.
(a)
Section 174-11, Signs, of the Code of the Town of Southborough shall not apply to this section. Signage for commercial solar energy systems shall be limited in size as determined by the Planning Board.
(b)
Commercial solar energy systems shall not be used for displaying
any advertising except for reasonable identification of the owner
or operator of the commercial solar energy system and emergency contact
information.
(3)
Utility connections. All utility connections from the commercial
solar energy system shall be underground unless specifically permitted
otherwise by a special permit and site plan approval decision. Electrical
transformers, inverters, switchgear and metering equipment to enable
utility interconnections may be aboveground if required by the utility
provider.
(4)
Land clearing, soil erosion and habitat impacts. Clearing of
natural vegetation and trees shall be limited to what is necessary
for the construction, operation and maintenance of the commercial
solar energy system or otherwise prescribed by applicable laws, regulations
and bylaws or the special permit and site plan review decisions.
E.
Modifications. All substantive material modifications to the commercial
solar energy system made after issuance of the special permit and
site plan approval decision shall require modification to the special
permit and site plan approval decision.
F.
Abandonment and removal.
(1)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the commercial solar
energy system shall be considered abandoned when it fails to operate
at 50% capacity for more than one year without the written consent
of the Planning Board. If the owner or operator of the commercial
solar energy system 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 Town may enter the property
and physically remove the installation.
(2)
Removal requirements. Any commercial solar energy system which
has reached the end of its useful life or has been abandoned shall
be removed. The owner or operator shall physically remove the installation
no more than 150 days after the date of discontinued operations. The
owner or operator shall notify the Planning Board by certified mail
of the proposed date of discontinued operations and plans for removal.
G.
Before issuance of any building permits for the commercial solar
energy system, such construction and installation shall be secured
in accordance with this bylaw and/or any regulations adopted pursuant
to the commercial solar energy system for this purpose.
H.
Building permit and building inspection. No commercial solar energy
system shall be constructed, installed or modified as provided in
this section without first obtaining a building permit.
I.
The Planning Board may adopt regulations to implement the purpose
of this bylaw.
J.
Permit continuances. Special permit and site plan approval decisions
shall be valid for a twelve-month period unless renewed or extended
by the Planning Board following an application made by the applicant.
K.
When acting on a special permit application pursuant to this article, the Planning Board shall conduct its review, hold a public hearing and file its decision with the Town Clerk as required by MGL c. 40A, § 9.
L.
Approval criteria. In reviewing any application for a special permit
pursuant to this article, the Planning Board shall give due consideration
to promoting the public health, safety, convenience and welfare; shall
encourage the most appropriate use of land and shall permit no structure
or use that is injurious, noxious, offensive or detrimental to its
neighborhood.
[Added 4-12-2016 ATM
by Art. 27]
A.
Purpose and intent.
(1)
The purpose of this bylaw is to provide a permitting process
and standards for the creation of new commercial solar energy systems
by providing standards for the placement, design, construction, operation,
monitoring, modification and removal of such installations to address
public safety and minimize impacts on residential neighborhoods and
scenic, natural and historic resources.
(2)
The provisions set forth in this section shall apply to the
construction, operation, repair and/or decommissioning of a commercial
solar energy system that is structurally mounted on the ground and
has a minimum nameplate capacity of 250 kW.
B.
Applicability.
(1)
Commercial large-scale ground-mounted solar energy systems with
250 kW or larger of rated nameplate capacity shall be erected or installed
in compliance with the provisions of this section and other applicable
sections of the Zoning Bylaw, as well as local, state and federal
law and regulations. Such use shall not create a nuisance which is
discernible from other properties by virtue of noise, vibration, smoke,
dust, odors, heat, glare and radiation, unsightliness or other nuisances
as determined by the site plan review granting authority. The site
plan approval granting authority is the Planning Board.
(2)
Commercial large-scale ground-mounted solar energy systems with
250 kW or larger of rated nameplate capacity identified in the Industrial
and Industrial Park Districts Overlay District shall undergo site
plan review by the Planning Board prior to construction, installation
or modification as provided in this section.
(3)
This section also pertains to physical modifications that materially
alter the type, configuration or size of these installations or related
equipment throughout the useful life of the system or where alterations
may impact abutters.
C.
AS-OF-RIGHT SITING
BUILDING COMMISSIONER
BUILDING PERMIT
DESIGNATED LOCATION
Definitions.
As-of-right siting shall mean that development may proceed
without the need for a special permit. As-of-right solar installations
under this section are subject to site plan review and regulated by
the Building Commissioner.
Charged with the enforcement of the Zoning Bylaw.
A construction permit issued by the Building Commissioner;
the building permit evidences that the project is consistent with
the state and federal building codes as well as local zoning bylaws,
including those governing commercial large-scale ground-mounted solar
energy systems.
The location(s) designated by the Town of Southborough, in accordance with Massachusetts General Laws Chapter 40A, Section 5, where commercial large-scale ground-mounted solar energy systems may be sited as-of-right. Said location(s) are shown on a Zoning Map "Southborough Massachusetts Zoning Map" pursuant to Massachusetts General Laws Chapter 40A, Section 4. This map is hereby made a part of this Zoning Bylaw and is on file in the office of the Southborough Town Clerk.
D.
General requirements.
(1)
Dimensional requirements. A commercial solar energy system shall
comply with all requirements in the Schedule of Dimensional Regulations
in Addendum No. 2 of the Zoning Code of the Town of Southborough.
(2)
Structures and panels. All structures and panels and all associated
equipment and fencing, including the commercial solar energy system,
shall be subject to all applicable bylaws and regulations concerning
the bulk and height of structures, lot area, setbacks, open space,
parking and building.
(3)
Visual impact. The visual impact of the commercial solar energy
system, including all accessory structures and appurtenances, shall
be minimized. All accessory structures and appurtenances shall be
architecturally compatible with each other. Structures shall be shielded
from view and/or joined and clustered if practical to avoid adverse
visual impacts as deemed necessary by and in the sole discretion of
the Planning Board. Methods such as the use of landscaping, natural
features and opaque fencing shall be utilized.
(4)
Compliance with laws, ordinances and regulations. The construction
and operation of all commercial solar energy systems shall be consistent
with all applicable local regulations and bylaws, as well as state
and federal laws, including but not limited to all applicable safety,
construction, electrical, and communications requirements. All buildings
and fixtures forming part of a commercial solar energy system shall
be constructed in accordance with the State Building Code as may be
determined by the Building Commissioner.
E.
Design standards.
(1)
Lighting. Lighting of the commercial solar energy system, including
all accessory structures and appurtenances, shall not be permitted
unless required by the Planning Board, special permit and site plan
approval decision or required by the State Building Code.
(2)
Signs and advertising.
(a)
Section 174-11, Signs, of the Code of the Town of Southborough shall not apply to this section. Signage for commercial solar energy systems shall be limited in size as determined by the Planning Board.
(b)
Commercial solar energy systems shall not be used for displaying
any advertising except for reasonable identification of the owner
or operator of the commercial solar energy system and emergency contact
information.
(3)
Utility connections. All utility connections from the commercial
solar energy system shall be underground unless specifically permitted
otherwise by a special permit and site plan approval decision. Electrical
transformers, inverters, switchgear and metering equipment to enable
utility interconnections may be aboveground if required by the utility
provider.
(4)
Land clearing, soil erosion and habitat impacts. Clearing of
natural vegetation and trees shall be limited to what is necessary
for the construction, operation and maintenance of the commercial
solar energy system or otherwise prescribed by applicable laws, regulations
and bylaws or the special permit and site plan review decisions.
F.
Modifications. All substantive material modifications to the commercial
solar energy system made after site plan approval shall require modification
to the site plan approval decision.
G.
Abandonment and removal.
(1)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the commercial solar
energy system shall be considered abandoned when it fails to operate
at 50% capacity for more than one year without the written consent
of the Planning Board. If the owner or operator of the commercial
solar energy system 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 Town may enter the property
and physically remove the installation.
(2)
Removal requirements. Any commercial solar energy system which
has reached the end of its useful life or has been abandoned shall
be removed. The owner or operator shall physically remove the installation
no more than 150 days after the date of discontinued operations. The
owner or operator shall notify the Planning Board, by first class
and certified mail, return receipt requested, of the proposed date
of discontinued operations and plans for removal.
H.
To the extent permissible by applicable law, before issuance of any
building permits for the commercial solar energy system, such construction
and installation shall be secured in accordance with this bylaw and/or
any regulations adopted pursuant to the commercial solar energy system
for this purpose.
I.
Building permit and building inspection. No commercial solar energy
system shall be constructed, installed or modified as provided in
this section without first obtaining a building permit.
J.
The Planning Board may promulgate rules and regulations to implement
the intent and purpose of this bylaw.
K.
Permit continuances. The site plan approval decision shall be valid
for a twelve-month period unless renewed or extended by the Planning
Board following an application made by the applicant.
L.
When acting on a site plan review of the application pursuant to
this article, the Planning Board shall conduct its review, conduct
a public hearing and file its decision with the Town Clerk.
M.
Approval criteria. In reviewing any application for a site plan pursuant
to this article, the Planning Board shall give due consideration to
promoting the public health, safety, convenience and welfare; shall
encourage the most appropriate use of land and shall permit no structure
or use that is injurious, noxious, offensive or detrimental to its
neighborhood.
[Added 4-25-2017 ATM
by Art. 26]
A.
Purpose and intent.
(1)
The purpose of this section is to allow for and provide incentives
for the adaptive reuse of historical buildings in a manner that ensures
compatibility with their surroundings and that preserves their historical
nature and appearance. This section is intended to promote the preservation
of historic buildings by allowing historic buildings to be adapted
for a purpose other than that for which they were originally built,
thereby enhancing the community's appearance and preserving Southborough's
architectural legacy for future generations.
(2)
The incentives of this § 174-13.8 are allowed only by special permit from the special permit granting authority (SPGA), which shall be the Planning Board. The incentives include the creation of alternative uses for historic buildings while maintaining controls to accomplish the following objectives:
(a)
Preserve the exterior features of such historic buildings to
ensure sensitivity and compatibility with the surrounding neighborhoods;
and
(b)
Provide an economic incentive to maintain and rehabilitate historic
buildings.
(c)
Encourage the adaptive reuse of historic buildings where such
reuse will more effectively preserve and enhance the architectural
character of the surrounding neighborhood than would the redevelopment
of the site upon demolition or significant exterior modification to
these historic buildings.
(3)
It is not the intent or requirement of the section that all
renovations to all historic buildings must be applied for and approved
under this section. It is a voluntary choice to be made by the applicant
if the applicant wishes to take advantage of the incentives provided
herein.
B.
Uses permitted. Any uses permitted in the zoning district in which the historic building is located shall be permitted by right. The following uses are only allowed by special permit pursuant to § 174-9 except as provided herein, and are subject to the site plan approval process pursuant to § 174-10 except as provided herein.
(1)
Residential buildings, including single-family houses with or
without accessory structures:
(a)
Accessory apartments. One accessory apartment or separate rental
unit. The accessory apartment shall comply with the following conditions
and requirements:
[1]
The habitable floor area of the accessory unit
shall not exceed 35% of the habitable floor area of the entire dwelling,
plus that of any accessory building used for the accessory dwelling.
[2]
There is no other apartment on the lot on which
the accessory apartment is proposed.
[3]
Not more than the required minimum exterior alterations
will be made to the single-family house and to any accessory buildings
as determined by the SPGA upon written recommendation of the Historical
Commission.
(b)
Customary home occupations: the use of a portion, not exceeding 35%, of a one-family home, including the accessory buildings, by persons resident therein, for a gainful occupation that is clearly incidental and secondary to the use as a residence and may not employ more than three persons not resident therein. All other provisions of customary home occupations, as defined in § 174-2, shall continue to apply.
(c)
The following uses, which are deemed to be outside the normal definition of customary home occupations, shall comply with all the requirements of Subsection B(1)(b) above, provided the residential building is the primary residence of the owner for voting and property tax purposes and subject to hours of operation to be specified by the SPGA.
(d)
Renting of rooms including bed and breakfast to more than four
persons by a resident family in a one-family house, with the number
of persons above four to be determined by the SPGA.
(2)
Commercial/municipal buildings:
(a)
All uses listed in Subsection B(1) above, but with no limit on floor area or number of employees.
(b)
Apartments or condominiums.
(c)
Child care facility and/or elder care facility.
(d)
Medical clinic and ancillary offices and facilities.
(e)
Research and development uses, excluding ancillary manufacturing,
assembly, sale or resale (or storage for sale or resale) of any goods,
items, or materials.
(f)
Restaurant/pub.
(g)
Educational facilities.
(h)
Athletic/recreational uses.
(i)
Mail order business.
(3)
Prohibited uses: The following uses, occupations and activities
are expressly prohibited:
(4)
Multiple or mixed uses:
(a)
For residential buildings, there will be no more than two uses, as identified in Subsection B(1)(c) above, provided that the uses are compatible with each other and comply with § 174-9, except as provided herein. Regardless of the number of uses allowed by the SPGA, there shall be no more than three persons employed who are not resident therein, and the use of a portion of a one-family home, including accessory buildings, shall not exceed 35%.
C.
Controls on dimensions and restoration/renovation.
(1)
Controls on dimensions: Changes to the size of the building, or exterior dimensions of such building shall be subject to dimensional controls of the Town's Zoning Bylaw, unless modified by special permit pursuant to § 174-9 and/or § 174-19, or as permitted under this section. For any reuse of a Historic Building, the following provisions shall apply:
(a)
An increase in the footprint of the building being considered
for reuse will be permitted, provided the proposed increase expands
by no more than 15% of the square footage of the existing structure's
footprint, conforms to existing setback requirements, does not increase
any nonconformity of the existing structure and is required by one
or both of the following:
(b)
Except for the historic building, accessways, walkways, required
parking and loading spaces, the open area of the entire site shall
not be diminished. Such open area shall be left in its existing condition
or improved so as to be appropriate in size, shape, dimension, location
and character to assure its proper functioning as an amenity for the
site.
(c)
No permanent additional buildings or structures of any type,
and no enclosed storage of any kind, shall be allowed except as permitted
by the SPGA.
(2)
Controls on restoration/renovation:
(a)
There shall be no change to the architectural footprint except as allowed pursuant to Subsection C(1)(a) above.
(b)
External architectural features shall be preserved and/or restored
per the recommendation of the Historical Commission.
(c)
Exterior restoration shall follow the preservation guidelines
outlined in the Federal Secretary of Interior Standards for Rehabilitation
on file with the Town Clerk's office, and the applicant must submit
a letter of findings from the Southborough Historical Commission as
part of the submission of the application to the SPGA.
D.
Application submission requirements and procedure.
(1)
Pre-application review. Prior to submitting a formal application,
the applicant is strongly encouraged to request a pre-application
review to be held at a public meeting of the SPGA. The purpose of
the pre-application review is to simplify the process for applicants
and to commence discussions with the SPGA at the earliest possible
stage of development. At the pre-application review, the applicant
may outline the proposed project for adaptive reuse, seek preliminary
feedback from the SPGA and the Historical Commission and/or their
technical experts, and set a timetable for submitting a formal application.
While no formal filings are required for the pre-application review,
the applicant is encouraged to prepare sufficient preliminary architectural
and/or engineering drawings to provide the SPGA with clarity regarding
the scale and overall design of the proposed project. Nothing in the
pre-application process should suggest a subsequent grant of a special
permit which must stand separate on later submittals.
(2)
Historical Commission review. The applicant shall submit their
proposal to the Historical Commission for review.
(3)
Formal application submission requirements for the special permit.
Applicants for an adaptive reuse of historic buildings special permit
shall file with the SPGA 17 copies of submission materials, of which
10 sets of the plans should be full size and the balance in 11" x
17" format, and one electronic version of the plans. Submission materials
shall include the following:
(a)
A narrative stating the historical significance of the structures
and/or site, and an architectural description of the structures.
(b)
Photographs of all existing elevations.
(c)
Interior floor plan(s) showing the proposed uses of interior
space with the gross floor area for each use.
(d)
Proposed outdoor lighting.
(e)
Parking - existing and proposed.
(f)
If new construction or additions are proposed, a perspective
drawing showing the new construction or additions in relation to existing
structure(s) on the site and on adjacent land.
(g)
A letter of findings from the Historical Commission on whether the project complies with the dimension and restoration/renovation controls cited in Subsection C above.
(h)
A plan showing existing and proposed landscaping on the site.
(i)
Adequate waste disposal and surface and subsurface stormwater
drainage. Site plans and specifications shall be submitted with the
application and shall be prepared, signed and stamped by a registered
land surveyor, registered professional engineer or registered architect.
At the time of special permit application filing, the applicant shall
submit copies of all such plans to the Building Commissioner, Board
of Health, and other appropriate authorities as may be directed by
the SPGA. The SPGA shall solicit and consider comments relative to
the proposed project from such boards, commissions, committees, authorities
and individual residents.
(j)
Additional information or supplemental impact statement(s),
as requested by the SPGA, based on the project's scope and the physical
characteristics of the parcel.
(k)
The SPGA, at its discretion, may reasonably modify or waive
the application submission requirements herein to stay consistent
with the intent and purpose of this section of the Zoning Bylaw.
E.
Special permit application review procedure:
(1)
Once an application for adaptive reuse of historic buildings
special permit has been filed under this section, no structure shall
be erected, enlarged or modified; and no land shall be divided, subdivided
or modified prior to the granting or denial of said permit.
(2)
The adaptive reuse of historic buildings special permit application
shall be submitted, considered, and issued in accordance with the
provisions herein, with the Zoning Bylaw and with all other applicable
regulations.
(3)
Prior to the filing of an application for an adaptive reuse
of historic buildings special permit, the applicant shall submit plans
to the Building Commissioner, who shall advise the applicant as to
the pertinent sections of the Zoning Bylaw.
(4)
Following the Building Commissioner's review, the applicant
shall submit copies of the application to the SPGA.
(5)
Pursuant to M.G.L., c. 40A, § 9, and after due notice,
the SPGA shall hold a public hearing.
(6)
All boards, commissions and departments which have relevant
jurisdiction over this proposed project shall, within 35 days of receiving
a copy of said application, submit a written report containing recommendations
with supporting reasons to the SPGA and may recommend conditions deemed
appropriate for the proposed use. The SPGA shall not render a decision
on any such application until said recommendations have been received
and considered or until the thirty-five-day period has expired, whichever
is earlier. Failure of such agencies to timely submit their respective
recommendations shall be deemed concurrence thereto.
F.
Decision and special permit criteria.
(1)
The SPGA shall have the authority to approve, disapprove or
approve with conditions an adaptive reuse of historic buildings special
permit. Any disapproval by the SPGA shall include identification of
any modifications to the plan that would make it acceptable to the
SPGA if the applicant subsequently decides to make a new application.
This authority shall not eliminate, decrease or abrogate the powers
of any other Town board, committee, commission or other authority
having legal jurisdiction, except to the extent that such authority
is specifically granted by this section. It shall be the duty and
responsibility of the applicant to secure any and all other permits,
licenses and approvals necessary to the project.
(2)
The criteria for decision shall be consistent with § 174-9 and shall include the following:
(a)
Preservation: the proposal preserves the historic building's
exterior features to ensure sensitivity and compatibility with the
surrounding neighborhood(s).
(b)
The incentives granted shall be appropriate in degree and type
to the scale and benefits the project will provide.
(c)
Uses permitted: The reuse of buildings and the lot are consistent with the uses allowed in Subsection B.
(d)
Adequate access and parking: There are adequate provisions for
safe access for pedestrians, motor vehicles and emergency services
to the building and to the land on which it is situated.
(3)
The adaptive reuse of historic buildings special permit shall
run with the land.
