The purpose of this section is to protect the health, safety, convenience and general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts on traffic, municipal and public services and utilities, environmental quality, community economics, and community values in the Town.
The Planning Board shall conduct site plan review and approval. Notwithstanding any provision of this By-Law to the contrary, any structure, use, alteration or improvement which meets any of the following criteria (excluding subdivisions for detached single-family dwellings, planned unit developments, and all uses exempt from such zoning regulation as set forth under MGL Chapter 40A, Section 3) shall require site plan review and approval as set forth in this section:.
a. any new structure, or group of structures under the same ownership on the same lot or contiguous lots, or any substantial improvement, substantial alteration, or change in use of an existing structure or group of structures, which results in the development of any off-street parking or loading facilities (except for residences requiring fewer than five stalls) and less than 8,000 square feet of gross floor area, and except for residences requiring fewer than five stalls, any new construction or expansion, alteration or enlargement of a parking facility and/or off-street loading facility and/or any facility for the storage or sale of any type of new or used vehicle, including construction vehicles, truck trailers and/or any vehicle which would normally require licensing by the Commonwealth of Massachusetts shall be subject to the provisions of the first paragraph of Section IV.I.5, herein with regard to Contents and Scope of Applications;
b. any new structure, or group of structures under the same ownership on the same lot or contiguous lots, or any substantial improvement, substantial alteration, or change in use of an existing structure or group of structures, which results in the development of, change in use of, or an increase of at least 8,000 square feet of gross floor area, or which requires the provision of 30 or more new or additional parking spaces under this By-Law, or which results in a floor area ratio (FAR) greater than 0.32, shall be subject to this Section IV.I. in its entirety;
c. any new structure, group of structures, substantial improvement, substantial alteration, or change in use, which either results in an increase of 5,000 square feet of gross floor area or requires the addition of 20 or more parking spaces, when any portion of the lot or parcel of land on which said structure or use is located lies within 200 feet of a residential district, shall be subject to this Section IV.I. in its entirety.
For purposes of this Section IV.I, the calculation of increase in floor area shall be based on the aggregate of all new structures, improvements, alterations or enlargements, calculated from the date of enactment of this section.
a. Notwithstanding anything contained in this By-Law to the contrary, no building permit shall be issued for, and no person shall undertake, any use, alteration or improvement subject to this section unless an application for site plan review and approval has been prepared for the proposed development in accordance with the requirements of this section, and unless such application has been approved by the Planning Board.
b. No occupancy permit shall be granted by the Building Commissioner until the Planning Board has given its approval that the development and any associated off-site improvements conform to the approved application for site plan review and approval, including any conditions imposed by the Planning Board.
a. Prior to the filing of an application pursuant to this section, the applicant, as defined in Section I.E.1 herein, shall submit a preliminary draft of such application to the Building Commissioner, who shall advise the applicant as to the pertinent sections of this Zoning By-law.
b. The applicant shall submit to the Planning Board ten (10) copies of the application for site plan approval, conforming to the requirements of this Section IV.I. Upon receiving the completed application, the Planning Board shall forthwith transmit one copy each to the Building Commissioner, the Engineering Department, the Planning Department, the Police Department, the Fire Department, the Board of Public Works and such other departments and boards as the Planning Board may determine appropriate.
c. Such agencies shall, within 35 days of receiving said copy, report to the Planning Board on (1) the adequacy of the data and the methodology used by the applicant to determine impacts of the proposed development and (2) the effects of the projected impacts of the proposed development. Said agencies may recommend conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development. Failure by any such agency to report within the allotted time shall constitute approval by that agency of the adequacy of the submittal and also that, in the opinion of-that agency, the proposed project will cause no adverse impact.
d. The Planning Board shall not render a decision on said application until it has received and considered all reports requested from Town departments and boards, or until the 35-day period has expired, whichever is earlier. Where circumstances are such that the 35-day period is insufficient to conduct an adequate review, the Planning Board may, at the written request of the applicant, extend such period to 60 days.
e. The Planning Board shall hold a public hearing on any properly completed application within 65 days after filing, shall properly serve notice of such hearing, and shall render its decision within 90 days of said hearing. The hearing and notice requirements set forth herein shall comply with the requirements of G.L. c.40A section 11, and with the requirements of Section V.L. of this By-Law. All costs of the notice requirements shall be at the expense of the applicant.
f. In reviewing the impacts of a proposed development, the Planning Board shall consider the information presented in the application for site plan approval, including all items specified in Section IV.I.5.; all reports of Town departments submitted to the Planning Board pursuant to Section IV.I.4.(c); and any additional information available to the Planning Board, submitted to the Planning Board by any person, official or agency, or acquired by the Planning Board on its own initiative or research.
An application for site plan review and approval under Section IV.I.2.a shall be prepared by qualified professionals, including a Registered Professional Engineer, a Registered Architect, and/or a Registered Landscape Architect, and shall be limited to a parking plan, pursuant to subsection 5.f, herein, containing items 1-15 as set forth in subsection 5.a, below, an environmental impact assessment, as set forth in subsection 5.g.(2), below, and a parking impact assessment, as set forth in subsection 5.g.(5), below.
An application for site plan review and approval under Section IV.I.2.b or 2.c shall be prepared by qualified professionals, including a Registered Professional Engineer, a Registered Architect, and/or a Registered Landscape Architect, and shall include:
a. A site plan at a scale of one inch equals twenty feet (1"=20'), or such other scale as may be approved by the Planning Board, containing the following items and information:
1. Topography of the property, including contours at a 2 foot interval based on the Mean Sea Level Datum of 1927.
2. Location of all buildings and lot lines on the lot, including ownership of lots, and street lines, including intersections within 300 ft.
3. Dimensions of proposed buildings and structures, including gross floor area, floor area ratio, total lot coverage of building, and breakdown of indoor and outdoor floor area as to proposed use. Area dimensions to include Lot Coverage of Building, Paved Surface Coverage, and Landscaped Open Space and Other Open Space, with percentages of these items to be provided and to total 100 percent of the lot area.
4. Maximum seating capacity, number of employees, or sleeping units if applicable.
5. Locations and dimensions, including total ground coverage, of all driveways, maneuvering spaces and aisles, parking stalls and loading facilities, and proposed circulation of traffic.
6. Location of pedestrian areas, walkways, flow patterns and access points, and provisions for handicapped parking.
7. Location, size, and type of materials for surface paving, curbing, and wheel stops.
8. Location, dimension, and type of materials for open space, planting, and buffers where applicable.
9. Provisions for storm water drainage affecting the site and adjacent parcels, and snow disposal areas. Drainage computations and limits of floodways shall be shown where applicable.
10. Polar diagram showing direction and intensity of outdoor lighting, indicating fixture height, location, type of lighting, and wattage.
l1. Identification of parcel by sheet, block, and lot number of Assessors Maps.
12. Planning Board Signature Block at approximately the same location on each page of the submitted plans.
13. Zoning Table to be located on both the front page of the submitted plans and on the Parking Plan/Site Plan page.
14. Water service, sewer, waste disposal, and other public utilities on and adjacent to the site.
15. Any additional information required by the Planning Board to ensure compliance with this section. The Planning Board may waive any of the above requirements.
For convenience and clarity, this information may be shown on one or more separate drawings.
b. A landscape plan at the same scale as the site plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements including planting areas with size and type of stock for each shrub or tree.
c. An isometric line drawing (projection) at the same scale as the site plan, showing the entire project and its relation to existing areas, buildings and roads for a distance of 100 feet from the project boundaries.
d. A locus plan at a scale of one inch equals 100 feet (1"=100'), or such other distance as may be approved by the Planning Board, showing the entire project and its relation to existing areas, buildings and roads for a distance of 1,000 feet from the project boundaries, or such other distance as may be approved or required by the Planning Board.
e. Building elevation plans at a scale of one-quarter inch equals one foot (1/4"=1'-0") or one-half inch equals one foot (1/2"=1'-0") or such other scale as may be approved by the Planning Board, showing all elevations of all proposed buildings and structures and indicating the type and color of materials to be used on all facades.
f. A parking plan, at the same scale as the site plan.
g. A Development Impact Statement which shall describe potential impacts of the proposed development, compare them to the impacts of uses which are or can be made of the site without a requirement for site plan review, identify all significant positive or adverse impacts, and propose an acceptable program to prevent or mitigate adverse impacts. The Development Impact Statement shall consist of the following five elements:
(1) Traffic Impact Assessment
(a) Purpose: To document existing traffic conditions in the vicinity of the proposed project, to describe the volume and effect of projected traffic generated by the proposed project, and to identify measures proposed to mitigate any adverse impacts on traffic.
(b) Format and Scope:
(i) Existing traffic conditions: average daily and peak hour volumes, average and peak speeds, sight distances, accident data, and levels of service (LOS) of intersections and streets likely to be affected by the proposed development. Generally, such data shall be presented for all streets and intersections adjacent to or within 1000 feet of the project boundaries, and shall be no more than 12 months old at the date of application, unless other data are specifically approved by the Planning Board.
(ii) Projected traffic conditions for design year of occupancy: statement of design year of occupancy, background traffic growth on an annual average basis, impacts of proposed developments which have already been approved in part or in whole by the Town.
(iii) Projected impact of proposed development: projected peak hour and daily traffic generated by the development on roads and ways in the vicinity of the development; sight lines at the intersections of the proposed driveways and streets; existing and proposed traffic controls in the vicinity of the proposed development; and projected post-development traffic volumes and levels of service of intersections and streets likely to be affected by the proposed development (as defined in (i) above).
(2) Environmental Impact Assessment
(a) Purpose: To describe the impacts of the proposed development with respect to on-site and off-site environmental quality.
(b) Format and Scope:
(i) Identification of potential impacts: description and evaluation of potential impacts on the quality of air, surface water, and ground water adjacent to or directly affected by the proposed development; on-site or off-site flooding, erosion, and/or sedimentation resulting from alterations to the project site, including grading changes and increases in impervious area; on-site or off-site hazards from radiological emissions or other hazardous materials; adverse impacts on temperature and wind conditions on the site and adjacent properties; impacts on solar access of adjacent properties; and off-site noise or light impacts.
(ii) Systems capacity: evaluation of the adequacy of existing or proposed systems and services for water supply and disposal of liquid and solid wastes.
(iii) Proposed mitigation measures: description of proposed measures for mitigation of any potential adverse impacts identified above.
(3) Fiscal Impact Assessment
(a) Purpose: To evaluate the fiscal and economic impacts of the proposed development on the Town.
(b) Format and Scope:
(i) Projections of costs arising from increased demands for public services and infrastructure.
(ii) Projections of benefits from increased tax revenues, employment (construction and permanent), and value of public infrastructure to be provided.
(iii) Projections of the impacts of the proposed development on the values of adjoining properties.
(iv) Five-year projection of increased Town revenues and costs resulting from the proposed development.
(4) Community Impact Assessment
(a) Purpose: To evaluate the impacts of the proposed development with respect to the Town's visual and historic character and development goals.
(b) Format and Scope:
(i) Site design and neighborhood impact: evaluation of the relationship of proposed new structures or alterations to nearby pre-existing structures in terms of character and intensity of use (e.g., scale, materials, color, door and window size and locations, setbacks, roof and cornice lines, and other major design elements); and of the location and configuration of proposed structures, parking areas, and open space with respect to neighboring properties.
(ii) Historic impact: identification of impacts on significant historic properties, districts or areas, or archaeological resources (if any) in the vicinity of the proposed development.
(iii) Development goals: evaluation of the proposed project's consistency or compatibility with existing local and regional plans.
(5) Parking Impact Assessment
(a) Purpose: To document existing neighborhood parking conditions, to evaluate the off-site impacts of the proposed parking, and to mitigate any adverse parking impacts on the neighborhood.
(b) Format and Scope:
(i) existing off-site neighborhood parking conditions, including identification of streets likely to be affected by the proposed development;
(ii) projected impact of proposed development;
(iii) proposed mitigation measures for adverse impacts identified above.
The Planning Board, at its discretion and based on a preliminary assessment of the scale and type of development proposed, may waive or modify the requirements for submission of any of the elements of the development impact assessment listed in this paragraph g. Such waiver shall be issued in writing with supporting reasons.
The following standards shall be used in evaluating projected impacts of proposed developments; provided, however, that an application for site plan review and approval under Section IV.I.2.a shall be evaluated using only the standards contained in Section IV.I.6.b. and Section IV.I.6.e, below. New building construction or other site alteration shall be designed, to the extent feasible, and after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, so as to comply with the following standards:
(1) The "level of service" (LOS) of all impacted intersections and streets shall be adequate following project development, or the total value of off-site traffic improvements required or approved by the Planning Board as a condition of approval in any location within the Town affected by the proposed project shall be equal to a minimum of three per cent (3%) of the total development cost of the proposed project. For purposes of this standard:
(i) "level of service" (LOS) shall be determined according to criteria set forth by the Transportation Research Board of the National Research Council;
(ii) "impacted" means intersections projected to receive at least five per cent (5%) of the anticipated average daily or peak hour traffic generated by the proposed development;
(iii) "adequate" shall mean a level of service of "B" or better for rural, scenic and residential streets and for all new streets and intersections to be created in connection with the project; and "D" or better for all other streets and intersections; and
(iv) "total development cost" shall mean the total of the cost or value of land and all development-related improvements, and shall be determined on the basis of standard building or construction costs, such as published in the Engineering News Record or other source acceptable to the Planning Board, for the relevant type of structure and use.
(2) The proposed site plan shall minimize points of traffic conflict, both pedestrian and vehicular. The following guidelines shall be used to achieve this standard:
(i) Entrance and exit driveways shall be so located and designed as to achieve maximum practicable distance from existing and proposed access connections from adjacent properties.
(ii) Where possible, driveways shall be located opposite similar driveways.
(iii) Sharing of access driveways by adjoining properties and uses is encouraged.
(iv) Left-hand turns and other turning movements shall be minimized.
(v) Driveways shall be so located and designed as to discourage the routing of vehicular traffic to and through residential streets.
(vi) Pedestrian and bicycle circulation shall be separated from motor vehicle circulation as far as practicable.
(1) The proposed development shall not create any significant emission of noise, dust, fumes, noxious gases, radiation, or water pollutants, or any other similar significant adverse environmental impact.
(2) The proposed development shall not increase the potential for erosion, flooding or sedimentation, either on- site or on neighboring properties; and shall not increase rates of runoff from the site to the satisfaction of the Town Engineer and Board of Public Works. Provision for attenuation of runoff pollutants and for ground water recharge shall be included in the proposal.
(3) The design of the proposed development shall minimize the destruction of unique natural features.
(4) The location and configuration of proposed structures, parking areas and open space shall be designed so as to minimize any adverse impact on temperature levels or wind velocities on the site or adjoining properties.
(5) Outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, shall be arranged to minimize glare and light spillover to neighboring properties.
(6) Proposed structures, and existing structures adjoining the project site shall be free from shadows created by the proposed development from 9:00 a.m. to 3:00 p.m. on December 21. Proposed development within the Central Business District shall be exempt from this standard.
(7) All outdoor lighting shall be designed and located so that a line drawn from the height of the luminaire along the angle of cutoff intersects the ground at a point within the development site; except that this requirement shall not apply to (a) low-level intensity pedestrian lighting with a height of less than ten feet, or (b) security lighting directed off the wall of a principal structure.
(1) Projected positive net fiscal flow for first five years after design year of occupancy.
(1) Design elements shall be compatible with the character and scale of neighboring properties and structures.
(2) The design of the development shall minimize the visibility of visually degrading elements such as trash collectors, loading docks, etc.
(3) The design of the development shall be consistent or compatible with existing local plans, including plan elements adopted by the Planning Board, Conservation Commission, Parks Commission, and other Town bodies having such jurisdiction.
(4) The design of the development shall minimize earth removal and volume of cut and fill. Any grade changes shall be in keeping with the general appearance of neighboring developed areas.
(5) The design of the development shall minimize the area over which existing vegetation is to be removed. Tree removal shall be minimized and, if established trees are to be removed, special attention shall be given to the planting of replacement trees.
(1) The facility will not create a hazard to abutters, vehicles or pedestrians.
(2) Appropriate access for emergency vehicles will be provided to the principal structure.
(3) Adverse impacts on the abutters, residents, or businesses in the area or on the character of the neighborhood will be mitigated satisfactorily.
a. Specific Findings Required
Prior to granting approval or disapproval, the Planning Board shall make written findings with supporting documentation as specified below. Such findings shall pertain to the entire proposed development including any site plan or design modifications imposed by the Planning Board as a condition of its approval, and any off-site improvements proposed by the applicant or required by the Planning Board as a condition of its approval.
b. Approval
The Planning Board shall approve an application, based on its review of the projected development impacts and the proposed methods of mitigating such impacts, if said Board finds that the proposed development is in conformance with this By-Law, after considering whether the proposed development will comply, to the extent feasible, with the standards set forth in Sections IV.I.6.(a) - (e); provided, however, that an application for site plan review and approval under Section IV.I.2.a shall be evaluated using only the standards contained in Section IV.I.6.e.
c. Disapproval
(1) The Planning Board may reject a site plan that fails to furnish adequate information required by the bylaw;
(2) The Planning Board may reject a site plan where, although proper in form, the plan depicts a use or structure so intrusive on the needs of the public in one regulated aspect or another that rejection by the board would be tenable.
In granting approval of an application the Planning Board may impose conditions, limitations and safeguards which shall be in writing and shall be a part of such approval. Such conditions may include, among other matters and subjects:
a. Controls on the location and type of access to the site;
b. Controls on the number of vehicles that arrive or depart during the morning and/or evening peak hours (including controls on the maximum number of vehicles which may use the off-street parking areas during said periods);
c. Requirements for off-site improvements up to a maximum value of six per cent (6%) of the total development cost of the proposed project to improve the capacity and safety of roads, intersections, pedestrian ways, water, sewer, drainage, and other public facilities which are likely to be affected by the proposed development;
d. Requirements for donation and/or dedication of land for right-of-way to provide for future roadway and/or intersection widenings or improvements;
e. Requirements for securing the performance of all proposed work, including proposed off-site improvements, by either or both of the following methods: (1) a performance bond, a deposit of money, negotiable securities, letter of credit, or bank passbook in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval; (2) a covenant running with the land, executed and duly recorded by the owner of record, whereby the required improvements shall be completed before the property may be conveyed by other than a mortgage deed.
f. Conditions to minimize off-site impacts on traffic and environmental quality during construction.
g. Requirements for reductions in the scale of the proposed development, including reductions in height, floor area, or lot coverage, provided, however, that any such reduction be limited to that which is reasonably necessary to reduce the level of impact of the proposed development to a level that will permit the Board to make the written findings required under Section IV.I.7.(a) herein.
h. requirements for screening parking facilities from adjoining premises or from the street by walls, fences, plantings, or other devices to mitigate adverse impacts;
i. conditions to mitigate adverse impacts to the neighborhood and abutters, including but not limited to adverse impacts caused by noise, dust, fumes, odors, lighting, headlight glare, hours of operation, or snow storage.
The applicant, when other than the owner(s), and the owner(s) of land will be responsible for mitigation measures or conditions which are required as part of a favorable decision for issuance of site plan approval.
a. The Planning Board shall establish and may periodically amend rules and regulations relating to the administration of this section, including additional regulations relating to the scope and format of reports required hereunder.
b. The Planning Board shall establish and may periodically amend a schedule of fees for all applications under this section. No application shall be considered complete unless accompanied by the required fees.
c. The Planning Board shall be responsible for deciding the meaning or intent of any provision of this section which may be unclear or in dispute.
d. Any person aggrieved by a decision of the Planning Board with regard to Site Plan Review may appeal such decision to a court having jurisdiction, in accordance with Massachusetts General Laws, Chapter 40A, Section 17.
The invalidity of one or more provisions or clauses of this section IV.I. shall not invalidate or impair the section as a whole or any other part hereof.
Automatic or self-service carwashes constructed after the adoption of this section shall require review and approval in conformance with the provisions of this section. The Planning Board shall be the review and approval authority for permits granted under this section. Automatic and/or self-service carwashes shall be designed and operated according to the following standards:
1. Every new automatic or self-service carwash facility must provide an on-site, defined, paved area for the queuing of motor vehicles awaiting wash. The queuing area shall be designed to achieve the following objectives:
a. Accommodate the maximum queue expected during peak operating period. The applicant shall supply the Planning Board with estimates of demand during peak operating periods which form the basis for site design.
b. No queuing shall be permitted onto a public or private vehicular or pedestrian way open to use by the general public.
2. Exit drives from every automatic or self-service carwash facility shall be designed to prevent water from the car wash from collecting within vehicular or pedestrian rights-of-way in or adjacent to the subject site.
3. Every automatic or self-service carwash facility must include water reclamation to the maximum extent feasible.
4. The following additional provisions shall be applicable only to automatic carwash facilities.
a. Every automatic carwash facility must have a mechanical dryer operation at the end of the wash cycle;
b. Every automatic carwash facility must have a drip time in the wash cycle between the last application of water and the blower;
c. The Planning Board may also require that an attendant be assigned exclusively to the automatic carwash facility during all hours of operation.
5. The following additional provision shall be applicable to self-service carwash facilities:
Every self-service carwash facility shall have an on-site, defined, paved surface for drying and vacuuming vehicles. This area shall be separate from and outside of the wash bays and of sufficient area to accommodate peak period demand.
6. An applicant proposing to construct an automatic or self-service carwash shall submit a site plan application which shall include the following information:
a. A locus map.
b. The location and dimensions of all buildings and structures. Lot and street lines and intersections within 300 feet. Zoning classification, ownership and use of all parcels immediately abutting the subject site.
c. A traffic impact assessment which shall include the projected peak hour and daily traffic generated by the carwash on roads and ways in the vicinity of the development; sight lines at intersections of proposed driveways and streets; existing and proposed traffic controls in the vicinity of the proposed carwash; and projected post-development traffic volumes and levels of service of the intersections and streets likely to be affected by the proposed carwash.
d. The location and dimensions of all driveways, maneuvering spaces, queuing areas, parking spaces, employee parking as is appropriate, and proposed circulation of traffic.
e. The extent of impervious surfaces and the provisions for management of storm water as well as water used to wash vehicles. Drainage computations and limits of floodways shall be shown where applicable. Snow disposal areas shall also be shown.
f. The location, dimension and type of materials for open space, planting and buffers.
g. A polar diagram showing direction and intensity of outdoor lighting.
h. Any additional information required by the Planning Board to ensure compliance with this Section.
i. The Planning Board may waive any of the above requirements.
7. Any application for review and approval of an Automatic and/or Self-service Carwash shall be subject also to Site Plan Review under Section IV.I.2.a. Such application should be provided concurrently. The application process, review procedure and decision process for this Section shall follow the application process, review procedure and decision process, as applicable, under Site Plan Review, Section IV.I.
8. In granting approval of an application for an automatic or self-service carwash, the Planning Board may attach conditions, limitations and safeguards as are necessary. Such conditions shall be in writing and shall be part of such approval. Such limitations may include the conditions set forth in Section IV.I.8. of this By-law, and may also include the additional condition set forth below:
conditions to permit the Planning Board to evaluate the facility after one (1) year of operation to determine that the conditions are sufficient.
The failure to conform to and maintain the foregoing standards may result, after hearing before the Planning Board, in revocation of any permit issued hereunder.
The purpose of this Section K is to manage the intensity of development and the quality of design along major highway corridors so as to protect the public health, welfare and safety and to enhance the economic vitality of the area. In particular, the provisions of this Section K are designed to limit congestion, to preserve environmental qualities, to improve pedestrian and vehicular circulation, and to provide for mitigation of any adverse impacts resulting from increased development in a complex regional center. In addition to these purposes, the open space and landscaping provisions of this section are designed to foster development that is of high visual and aesthetic quality.
Furthermore, it is a specific purpose of this Section K to establish parallel and consistent zoning regulations for highway corridor areas which are shared by the Towns of Framingham and Natick, in order to achieve a unified development character for such areas and to avoid substantive and procedural conflicts in the regulation and administration of land uses within such areas.
This Section K establishes a system whereby a development may attain a greater density than allowed by right, in return for providing public benefit amenities which compensate for one or more specific effects of increased density. These amenities may include traffic improvements (to accommodate increased traffic), pedestrian or transit improvements (to reduce traffic generation), creation of additional open space and public parks (to compensate for increased congestion and concentration of economic activities), provision of public assembly areas (to foster more balanced development and a sense of community).
The provision of increased development density in return for such amenities is specifically authorized by MGL Ch. 40A, Sec. 9, with respect to open space, traffic and pedestrian amenities, and is also generally authorized for other amenities.
The following terms shall be specifically applicable to these Highway Overlay District regulations and shall have the meanings provided below.
Bonus: The construction of floor area in excess of that permitted as of right by the applicable FAR maximum.
Bonus Project: A project for which the applicant is seeking any one (1) or more of the bonuses provided in Section IX of these Regulations.
Change In Use: A change in part or all of an existing structure from one use category or purpose to another use category or purpose. In a mixed or multi-use facility, an exchange or rearrangement of principal use categories or components shall not be construed as a change in use unless the net change in any of the factors in the [Table of Off-Street Parking Regulations, Subsection IV.B.1(a)], requires an addition of 10 or more parking spaces to the amount required by this By-Law prior to the change in use.
Divider Island: A landscaped element running in a direction parallel to a vehicular travel lane, used to separate parallel rows of parking spaces.
Excess Pervious Landscaping: Pervious landscaping exclusive of wetlands, as defined herein, in excess of the amount required by the applicable LSR.
Floor Area Ratio (FAR): The ratio between (1) the gross floor area of all buildings on a parcel, including accessory buildings, and (2) the total area of the parcel.
Landscape Surface Ratio (LSR): The ratio between (1) the area of a parcel devoted to pervious landscaping or natural vegetated areas and (2) the total area of the parcel. Both components of this ratio shall exclude any wetland resource area, as defined in M.G.L. Ch. 131, Sec. 40, except for wetland areas that are located within one hundred (100) feet of an upland area adjoining a developed area of the project.
Major Alteration: An alteration or expansion of a structure or group of structures, on the same lot or contiguous lots, that results in an increase in gross floor area equal to or greater than 15% over the gross floor area in existence on January 1, 1992; or which is equal to or more than eight thousand (8,000) square feet, or, if the parcel on which the subject structure is located is within two hundred (200) feet of a residential district, more than five thousand (5,000) square feet, which ever is the lesser amount.
Minor Alteration: An alteration or expansion of a structure or group of structures, on the same lot or contiguous lots, that results in an increase in gross floor area of less than 15% over the gross floor area in existence on January 1, 1992; or which is less than eight thousand (8,000) square feet, or, if the parcel on which the subject structure is located is within two hundred (200) feet of a residential district, less than five thousand (5,000) square feet, which ever is the lesser amount.
Nonbonus Project: A project for which the applicant is not seeking a bonus.
Open Space Public Benefit Amenity: A public benefit amenity in the form of a park or excess pervious landscaping, available for passive or active recreation, or leisure use, by the public.
Parcel: All lots utilized for any purpose in connection with creating a development, e.g. buildings, parking and detention basins.
Park: A continuous area of open space which is directly accessible to the public for scenic, recreational or leisure purposes.
Pedestrian Circulation Improvement: A public benefit amenity in the form of a pathway, off- site sidewalk or pedestrian bridge designed to facilitate pedestrian movement.
Pedestrian Bridge: A structure designed to convey pedestrians over a watercourse, railroad, or public or private right of way.
Pedestrian Tunnel: A structure designed to convey pedestrians under a watercourse, railroad, or public or private right of way.
Pervious Landscaping: Area that is principally covered with natural materials such as grass, live plants or trees.
Public Assembly Space: A room or facility, such as a meeting room, theater, amphitheater or auditorium, which is available on a not-for-profit basis for use by members of the public for civic and cultural events.
Public Benefit Amenity: An improvement, facility or financial contribution for the benefit of the general public, provided in connection with a development in order to qualify for an increase over the Base FAR.
Public Transit Endowment: A contribution to a trust fund, maintained by the Town of Framingham or another governmental body designated by the Board of Selectmen, established for the purpose of providing long-term financial support for local or regional transit systems serving the Regional Center district.
Service Road: A road that is designed to provide access to abutting properties so that the volume of traffic entering onto or exiting from major roadways is reduced.
Terminal Island: A landscaped element running in a direction parallel to individual parking spaces and having a minimum length equal to the length of any abutting parking space found at the end of a row.
Transit Amenity: A public benefit amenity which contributes to the use and/or long-term availability of public transit and is either a transit-related lane widening or public transit endowment.
Transit-Related Lane Widening: A new or expanded lane on an existing street, designed and reserved for use by high occupancy vehicles, such as buses and vans.
The Highway Overlay Districts are established as districts which overlay nonresidential zoning districts abutting major arterial highways. There are two such overlay districts: the REGIONAL CENTER (RC) District and the HIGHWAY CORRIDOR (HC) District.
1) The RC district shall be bounded as follows:
Easterly by the Framingham-Natick Town line;
Southerly by the boundary line between the General Business district and the R-1 Single Residence district on the southerly side of Worcester Road (State Route 9);
Westerly by the intersection of Worcester Road and Cochituate Road (Route 30);
The Northerly boundary shall include all parcels, or groups of contiguous parcels serving a common use, whether or not in common ownership, which are used for non-residential purposes as of January 1, 1992 and any portions of which are located within 200 feet of that portion of the northerly right-of-way of Cochituate Road, between Worcester Road (Route 9) and the Framingham-Natick Town line.
2) If, as of January 1, 1992, any portion of the area of a parcel falls within the RC district, then the entire parcel shall be deemed to fall within the district.
The HC District shall include all parcels, or groups of contiguous parcels serving a common use, whether or not in common ownership, which are used for non-residential purposes as of January 1, 1992 and any portions of which are located within 200 feet of the right-of-way of Worcester Road (Route 9), but excluding (a) parcels that are included in the RC district as set forth above; (b) parcels located on the northerly side of Worcester Road between Edgell Road and the westerly ramp leading onto Route 9 (the Framingham Center); (c) the parcels known as the Framingham Industrial Park; and (d) and the parcels known as 9/90 Crossing.
1) The Highway Overlay Districts shall overlay, all underlying districts, so that any parcel of land lying in a Highway Overlay District shall also lie in one or more of the other zoning districts in which it was previously classified, as provided for in this Zoning By-Law.
2) All regulations of the underlying zoning districts shall apply within the Highway Overlay Districts, except to the extent that they are specifically modified or supplemented by other provisions of the applicable Highway Overlay District.
3) Requirements for off-site contributions under Site Plan Review:
a) For non-bonus projects, the requirements of Sections IV.I.6(a) and IV.I.8.(c) regarding contributions for off-site improvements shall apply.
b) For bonus projects which comply in all other respects with the requirements of this Section K. and other provisions of the By-Law, the provisions of this Section K. regarding contributions for off-site improvements and public benefit amenities shall supersede and replace the requirement for off-site improvements under Section IV.I.6.(a) and IV.I.8.(c).
1) The Highway Overlay Districts are herein established as overlay districts. The underlying permitted uses are permitted. However a developer must meet the additional requirements of this Section K.
2) Lots in a Highway Overlay District exclusively used or zoned for single or two family residential development are exempt from these regulations, regardless of the underlying Zoning District classification.
Mixed-use developments are specifically allowed in a Highway Overlay District to the extent that each individual use is allowed in the district.
For any nonresidential development, the floor area ratio (FAR) shall not exceed 0.32, except as modified below in this section.
The Planning Board may, by Special Permit, grant an increase in the maximum floor area ratio above 0.32, up to a maximum FAR of 0.40, for parcels located in the Regional Center (RC) zoning district, subject to the following requirements:
1) Increased pervious landscape surface shall be provided in accordance with Section VI(b) of these Highway Overlay Districts Regulations.
2) Public benefit amenities shall be provided as required herein, and the increase in permitted floor area shall be determined in accordance with the schedule of bonuses set forth in Section 9 of these Highway Overlay Districts Regulations. A FAR increase shall be granted only if the Board makes the Findings required in sub-paragraph G. of these Highway Overlay Districts Regulations.
In order to encourage consolidation of lots, the Planning Board may, by Special Permit, grant an increase in the floor area ratio above 0.32. Such increase shall not exceed 20% of the combined gross floor area of the buildings on the lots to be consolidated, or 12,000 square feet, whichever is lesser, up to a maximum FAR of 0.40.
A FAR increase shall be granted only if the Board determines that the proposed consolidation will achieve, to the maximum extent feasible, the Objectives and Standards set forth in sub-paragraph c. 1) below and makes the Findings required in sub-paragraph g of this Section 5.
1) Objectives and Standards
a) The coordinated development shall be designed to provide access improvements and reduce the number of curb cuts as well as improve signage, unify landscaping, and achieve a higher standard of site design than would be possible with separate development of the individual lots.
b) Only lots which were in separate ownership as of January 1, 1992 may be consolidated for purposes of qualifying for a FAR increase in a Highway Overlay District.
c) The coordinated development need not involve consolidation of ownership. However, the continued use of improvements achieved through consolidation must be guaranteed through appropriate mechanisms (such as easements).
The Planning Board may, by Special Permit, grant an increase in the existing FAR over 0.32 for minor alteration up to a maximum FAR of 0.40. Such increase shall be granted only if the Board makes Findings required in sub-paragraph g. of this Section 5. A special permit, under this Section, is not required for a minor alteration which does not exceed a FAR of 0.32.
The floor area of the following types of facilities shall not be included in the gross floor area of a structure or structures for the purposes of computing the floor area ratio on a parcel in the HC or RC district:
1) Day care facilities licensed by the State Office for Children
2) Off-street parking facilities and associated ramps and aisles;
3) Facilities dedicated to public or private transit facilities, or to trip reduction activities such as carpooling and van pooling. Such facilities may include waiting areas, ticket offices or offices for the administration of transportation management and trip reduction activities.
4) Cafeterias for the primary use of the employees who work at the site.
Subject to the other provisions of this section, if the owner of a parcel, with the concurrence of the Planning Board, dedicates to the Town or the Commonwealth a portion of the parcel for public ownership of a bonus facility, then the permissible density at which the remainder of the parcel may be developed shall be based on the total parcel area including the area so dedicated.
In granting a FAR increase the Planning Board shall make a specific Finding, in writing, that the increase shall not be substantially more detrimental to the neighborhood than the existing structure or use, and in the case of new construction, that the increase shall not be substantially more detrimental to the neighborhood than the project at the Base FAR, and that all of the conditions set forth below are met. As the basis for its decision, the Planning Board shall consider factors which shall include, but not be limited to, the impact of the waiver on traffic; municipal services and facilities; the character of the neighborhood including environmental and visual features. It shall be the responsibility of the applicant to demonstrate conformance with the following standards as part of the request for a FAR increase.
1) The increase will achieve the goals, objectives and intent of these Highway Overlay District Regulations.
2) The increase will achieve compliance with these Highway Overlay District Regulations to a substantially greater degree as compared with the degree of compliance present in the existing development. In the case of new construction, the increase will achieve compliance with these Highway Overlay District Regulations to a substantially greater degree as compared to development at the Base FAR.
3) The proposed development complies with all other applicable requirements set forth in the Town of Framingham Zoning Bylaw, including, when required, the site plan review and/or off-street parking requirements in Section IV., thereof, subject to the following exceptions:
a) That such requirements are specifically superseded by these Highway Overlay Districts Regulations,
b) That the contribution for off-site improvements required by Section IV.I.6.(a) and IV.I.8.(c) shall be not less than three per cent (3%) of total development cost.
The base landscape surface ratio (LSR) shall be 0.20 for retail, consumer service and manufacturing uses, and 0.40 for office, research and development and other similar non-retail, nonresidential uses.
For bonus projects, the minimum required landscape surface ratio shall be the sum of (1) the base LSR specified above for the applicable use, and (2) one-half of the difference between the proposed FAR and 0.32.
The minimum required LSR for mixed-use developments shall be computed as a blended ratio of the LSR requirements applying to the individual components of the development, as follows:
1) Non-bonus projects:
Minimum LSR= (Retail, service or manufacturing floor area percentage x 0.20)
+ (Office, R&D or other similar non-retail, non-residential uses floor area percentage x 0.40)
2) Bonus projects:
Minimum LSR=[(Retail, service or manufacturing floor area percentage x 0.20)
+ (Office, R&D or other similar non-retail, non-residential uses floor area percentage x 0.40)]
+ (one-half of the difference between the proposed FAR and 0.32)
The requirements of this Section 6 shall apply to any new structure which requires ten (10) or more parking spaces, and to any major alteration, or change of use of an existing structure which requires the addition of ten (10) or more parking spaces.
1) Height limitations shall be as specified for the underlying zoning district(s).
2) The maximum height of new structures or altered structures where building height is increased, which are located adjacent to residential zoning districts shall be as follows:
Distance from Residential District Building Height less than 50 feet 30 feet equal to or greater than 50 but less 40 feet. than 200 feet equal to or greater than 200 but less 50 feet. than 300 feet equal to or greater than 300 but less 60 feet. than 400 feet equal to or greater than 400 feet 80 feet
1) Minimum front setbacks shall be as specified for the underlying zoning district(s).
2) Structures shall be set back a minimum of fifteen (15) feet from all side and rear property lines, or the setback required by the underlying zoning, whichever is greater, except as modified by subparagraph c., below.
The minimum setbacks for structures located adjacent to residential districts shall be thirty (30) feet.
The requirements and standards set forth in this Section 8 are intended to achieve specific performance objectives, as described below, to enhance the visual quality of the areas within the Highway Overlay Districts, to encourage the creation and protection of open space, to avoid expansive development of impervious surfaces, to protect and preserve the area's ecological balance and to ensure that landscaping is an integral part of development. In the event the applicant desires to deviate from the specific standards set forth below, the Planning Board may approve alternative plans if it finds that such alternative is clearly more feasible and/or preferable and that the proposed arrangement meets the general purpose, intent, and objectives of this Section 8.
In order to accomplish the General Purpose and Intent of these Highway Overlay Districts Regulations specific objectives shall be accomplished by landscape plans, which shall include the following:
1) Buffer strips at the front of lots shall contribute to the creation of tree-lined roadways and shall create a strong impression of separation between the street and the developed area of the site without necessarily eliminating visual contact between them.
2) Buffer strips adjoining or facing residential uses or residential zoning districts shall provide the strongest possible visual barrier between uses at pedestrian level and create a strong impression of spatial separation.
3) Landscaping within parking areas shall provide visual and climatic relief from broad expanses of pavement and shall be designed to define logical areas for pedestrian and vehicular circulation and to channel such movement on and off the site.
4) All required landscaping shall be located entirely within the bounds of the parcel.
5) To the greatest feasible extent, existing healthy, mature vegetation shall be retained in place or transplanted and reused on site.
The requirements of this Section 8 shall apply to any new structure which requires ten (10) or more parking spaces, and to any major alteration, or change of use of an existing structure which requires the addition of ten (10) or more parking spaces.
All off-street parking site plans and special permits required hereunder shall include a landscape plan and planting schedule prepared by a registered landscape architect unless waived in accordance with Section 10.b..
1) No occupancy permit, whether temporary or permanent, shall be granted by the Building Commissioner, [until the Planning Board has voted its approval that all landscaping and buffer strips conform to the approved landscape plan and planting schedule, or thirty (30) days shall have passed since the request was submitted to the Planning Board.
2) In cases where, because of seasonal conditions or other unforseeable circumstances, it is not possible to install or complete landscaping prior to initial occupancy of the building(s), an occupancy permit may be granted by the Building Commissioner, upon the approval of the Planning Board, under the following conditions:
a) the owner shall make a payment to the Town, to be held in escrow by the Planning Board, to ensure that required landscape planting is installed and maintained
b) the amount of the escrow payment shall be set by the Planning Board and shall be equal to the remaining estimated cost of materials and installation, with allowance for escalation and contingencies.
3) Release of any escrow amounts, or approval of issuance of an occupancy permit, shall be conditioned upon the receipt by the Planning Board of written certification by a registered landscape architect that the specified plant materials to be included in the project landscaping have been installed according to the approved landscape plan.
1) General Standards
In the highway corridor and regional center areas, a landscaped buffer strip shall be provided separating all buildings, parking areas, vehicular circulation facilities, or similar improvements from the right-of-way line of any public street, or any private way which is adjudged by the Planning Board to perform an equivalent function. Plantings in landscaped buffer strips shall be arranged to provide maximum protection to adjacent properties and to avoid damage to existing plant material. The landscaped buffer strip shall include the required planting as set forth herein, and shall be continuous except for required vehicular access points and pedestrian circulation facilities. All required landscaping amenities shall be located within the bounds of the parcel. Signs shall be designed to be integrated into the landscaping.
2) Specific Standards
a) Depth
Unless a greater depth of landscaping is required in the underlying zoning district, landscaped buffer strips shall be one-third (1/3) of the distance between the street right-of-way and any building line, but shall not be less than fifteen (15) feet in depth, and need not be greater than fifty (50) feet in depth. Sidewalks may be considered in the calculation of the buffer depth. Landscaped buffer strips adjoining or facing residential districts or residential uses shall be a minimum of fifteen (15) feet in depth.
b) Composition
The buffer strip shall include a combination of deciduous and/or evergreen trees and lower-level elements such as shrubs, hedges, grass, ground cover, fences, planted berms, brick or stone walls. When necessary for public safety or to prevent adverse impacts on neighboring properties, the Planning Board may require that the buffer strip contain opaque screening.
c) Arrangement
Arrangements may include planting in linear, parallel, serpentine, or broken rows, as well as the clustering of planting elements. The following provisions set forth the form of arrangement of plantings. The form of plant arrangement is as follows:
1) At least one (1) tree shall be provided per twenty-seven (27) linear feet of street frontage or portion thereof. There shall be a minimum of three (3) trees in the entire buffer strip. Trees may be evenly spaced or grouped. Groups of trees shall be spaced no further apart than fifty (50) feet.
2) At least four (4) shrubs shall be provided per one hundred (100) square feet of landscaped area in the buffer strip.
d) Opaque Screens
An opaque screen may be comprised of walls, fences, berms, or evergreen plantings, or any combination thereof, providing that the Planning Board may require evergreen trees or shrubs instead of fences when deemed appropriate. Opaque screens shall be opaque in all seasons of the year. For developments adjoining or facing residential districts or residential uses, or when necessary for public safety or to prevent adverse impacts on neighboring properties, a buffer strip shall contain opaque screens as follows:
1) The screen shall be opaque from the ground to a height of between two and one-half (21/2) to six (6) feet when planted or installed as determined by the Planning Board.
2) Walls or fences exceeding four and one-half (4-1/2) feet in height shall have plantings on the side facing the residential district, and may be required to have plantings on both sides.
3) Evergreen trees or shrubs shall be spaced not more than five (5) feet on center.
4) The Planning Board may require ornamental or shade trees in addition to an opaque screen, planted in conformity with the standards set forth in Section 8.f.2) c) above, depending upon the type, size and proximity of adjoining residential uses.
e) Berms
When berms are used to meet the requirements for a buffer strip they shall be planted with living vegetation. The minimum top width of a berm shall be three (3) feet, and the maximum side slope shall be 3:1. No more than twenty-five per cent (25%) of the coverage of a planted berm shall be mulch or non-living material.
f) Mulches
When used in required landscaping or buffers, mulches shall be limited to bark mulch or decorative stone. No more than twenty-five per cent (25%) of the coverage of the landscaped area shall be mulch or non-living material.
Landscaped buffers and screening shall not restrict sight distances at intersections or driveway entrances. Site distance requirements, location and specification of site zones shall be determined by reference to the current edition of the Commonwealth of Massachusetts Department of Public Works Highway Design Manual, or any successor publication. As a guide, no fence or other structure may be erected, and no vegetation may be maintained, between a plane two and one-half (2-1/2) feet above curb level and a plane seven (7) feet above intersecting roadway levels within the zone required for site distance, subject however to actual roadway profiles of the intersecting streets and/or driveways.
1) Standards for Landscaping Within Parking Areas:
a) Parking areas shall be broken into sections not to exceed one hundred forty (140) cars per section. Sections shall be separated by landscaped buffers to provide visual relief. At a minimum, the buffers shall consist of islands which shall be a combination of "divider islands" and "terminal islands".
b) Each landscaped island shall have a minimum area of one hundred fifty (150) square feet and shall consist of pervious landscaping. Curbing, at least five (5) inches in height, shall surround each landscaped island as protection from vehicles. No tree shall be planted less than four (4) feet from the curbing.
1) Divider Islands: The following additional design standards shall apply to divider islands:
(a) At least one landscaped divider island shall be provided for every four (4) parallel rows of parking.
(b) Trees shall be spaced not more than twenty-seven (27) feet on center.
(c) At least one (1) shrub shall be provided for every five (5) linear feet, or one (1) shrub per thirty-five (35) square feet of ground area, whichever results in a greater number of shrubs.
2) Terminal Islands: The following additional design standards apply to terminal islands:
(a) Terminal islands shall be used either (1) to separate parking spaces from driveways and other vehicular travel lanes, or (2) to break up large numbers of parking spaces in a single row of spaces.
(b) Landscaped terminal islands shall be provided at the ends of rows of parking where such rows are adjacent to driveways or vehicular travel lanes. In addition, terminal islands shall separate groups of parking spaces in a row, such that no continuous line of adjoining spaces contains more than twenty-five (25) parking spaces.
(c) As an alternative to separating groups of parking spaces with small internal terminal-islands, additional landscaped area may be provided. Such additional landscaped area shall be provided as additional depth in the buffer strip (above the minimum depth otherwise required in Section 8.b. above), terminal and divider islands adjacent to rows exceeding twenty-five (25) spaces, and shall be provided at a ratio of at least 1.2:1.0. However, no more than thirty-five (35) adjoining parking spaces may be provided in a row of spaces, regardless of the size of the landscaped islands at the ends of the row.
(d) Terminal islands shall contain at least two (2) trees when abutting a double row of parking spaces.
(e) Landscaped terminal islands shall contain evergreen shrubs planted three (3) feet or less on center, in order to prevent damage due to pedestrian traffic.
c) Grass or ground cover may be substituted for shrubs in divider islands and terminal islands with the approval of the Planning Board.
2) Increase of impervious areas: Notwithstanding the limitation on paved areas set forth elsewhere in Section 8.h.1)b), a landscaped island may be up to thirty-three per cent (33%) impervious surface, provided that all such area is used for pedestrian walkways and that such walkways are adequately buffered from the parking areas.
3) Use of porous paving materials: In order to minimize the amount of storm water runoff from paved areas, the use of porous paving materials is encouraged where feasible.
Landscaped areas at least ten (10) feet in depth shall be provided adjacent to buildings on every side of such buildings that has a public access point and shall contain trees and shrubs. This requirement may be waived by the Planning Board in cases where it is impractical to provide the specified depth of landscaped area due to the size, shape or other characteristics of the parcel; however, in no case shall any parking space or vehicular travel lane be located less than five (5) feet from the building.
1) All trees, shrubs and hedges must be species that are hardy in Plant Hardiness Zone 5, as defined by the American Standards for Nursery Stock and shall be resistant to salt spray and urban conditions where appropriate.
2) Plantings shall be selected and designed so as not to require high water use for maintenance.
3) Deciduous trees must be at least two and one-half (2-1/2) to three (3) inches caliper, six (6) inches above the top of the root ball, at the time of planting; and must be expected to reach a height of at least twenty (20) feet within ten (10) years, when considering the expected normal growth patterns of the species.
4) Evergreen trees must be at least eight (8) feet in height at the time of planting.
5) Ornamental or specimen trees must be at least eight (8) feet in height at the time of planting.
6) Shrubs and hedges must be at least three and one-half (3-1/2) feet in height or have a spread of at least twenty-four (24) inches at the time of planting.
7) Shade or canopy trees shall be provided within parking lots, and within buffer strips.
1) Pedestrian Access Through Buffers and Screens
Landscaped buffers should, to the greatest extent possible, serve as usable open space, providing an environment for pedestrian access between uses. Therefore, buffers shall be designed to include appropriate means of pedestrian access and crossing, both along the landscaped area (i.e., in a parallel direction with the property line) and across the buffer (i.e., providing pedestrian access to the site, separate from vehicular access points). Buffers and screens shall provide for appropriate hard-surfaced pedestrian access points and walkways where property lines abut existing or planned public streets, whether or not such streets have been constructed.
2) Pedestrian Circulation in Parking Facilities
a) Parking facilities and appurtenant driveways shall be designed so as to gather pedestrians out of vehicle travel lanes and to maximize the safety and convenience of pedestrians walking between parked cars and business entrances as well as between external points and locations on site.
b) Pedestrian walkways shall be (i) integrated, to the extent possible, into the interior and/or perimeter landscaping of parking lots; (ii) constructed with a paved or similarly firm surface, at least six (6) feet in width; and (iii) separated from vehicular and parking areas by grade, curbing and/or vegetation, except for necessary ramps.
1) The owner(s) and/or developer(s) of any lot shall be responsible for the maintenance of all landscaped open space and buffers. Landscaping shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.
2) A permanent water supply system, sufficient in the Planning Board's determination, shall be provided by the installation of a sprinkler system and/or hose bibs placed at appropriate locations. Whenever possible, "gray" or re-used water, or wells, shall be used as the water source.
3) Maintenance bond: The Planning Board may require a bond to ensure that required landscape plantings are maintained and survive for up to one (1) growing season following completion of planting.
Up to five (5) per cent of the area counted as pervious landscaping may include pedestrian circulation components such as walkways. Parking areas surfaced with porous pavement shall not be considered pervious landscaping.
If a proposed improvement or facility in the Regional Center district complies with the standards set forth in Section 5.b. above, it shall be eligible for bonus floor area in accordance with the requirements set forth in paragraphs b through f of this Section 9.
To qualify for bonus floor area a public benefit amenity must be specifically listed in the Schedule of Benefits below. A public benefit amenity that is a physical space shall be one to which the public is assured access on a regular basis, or an area that is dedicated to and accepted by the Town for public access purposes. Furthermore, to be considered a public benefit amenity, a specific improvement or facility must be determined to provide a public benefit and to be appropriate to the goals and character of the area. In addition, the following requirements must be met:
1) Parks
To be eligible as a public benefit amenity a park must meet all of the following standards:
be at least 2,500 square feet in area;
have a minimum width of 50 feet;
be buffered and/or screened from nearby roads, parking areas and other vehicular circulation facilities; and
not be located within the landscape buffer strip required under section VIII.F.
For purposes of computing bonus credits, no more than one-third of the area of the park shall consist of wetlands, water bodies, steep slopes (over 25%), or other areas not usable for public recreation or leisure activities. On-site park area which meets the above standards and which is not wetlands may be used to satisfy the minimum landscape surface ratio (LSR) requirement. On- or off-site park area may be used to qualify the project for bonus floor area.
2) Pedestrian Circulation Improvement
Such improvements shall be directly accessible to the pedestrian circulation system, and shall where possible connect with existing pedestrian circulation improvements on adjacent parcels and/or provide for connection to such improvements which can reasonably be expected to be developed on adjacent parcels. The following standards shall also be applicable:
a) Pathway (Off-Site)
A pathway shall be at least (fifty) 50 feet from a vehicular circulation improvement for at least ninety (90) per cent of its length.
b) Sidewalk (Off-Site)
A sidewalk shall not be on land owned by the applicant or on public or private right-of-way immediately adjacent to frontage of land owned by the applicant.
c) Pedestrian Bridge/Tunnel
Bridges or tunnels and should have clear functional relationships to adjoining commercial properties and/or public open space amenities. To be eligible as a public benefit amenity, a pedestrian bridge or tunnel shall not be located entirely on the applicant's property, nor shall it connect a principal use with an accessory use such as a parking structure.
3) Service Roads
Driveways and other facilities which principally serve the internal circulation needs of a project, and which provide only a marginal public benefit, shall not qualify as service roads under the provisions of this Section 9.
Bonus floor area shall be available in accordance with the bonus ratios listed in the following "Schedule of Bonuses", up to the maximum FAR permitted in this Section 9 if the Planning Board deems that the amenity offered by the applicant accomplishes the objectives of this Section K. The bonus ratio is the ratio of (1) the unit of public benefit amenity provided to (2) the floor area permitted for bonus projects in excess of a FAR of 0.32. For example, a bonus ratio of one to three (1:3) and an amenity unit of "Square Foot" means that for each square foot of the amenity the project shall be eligible for three (3) additional square feet of floor area for permitted uses.
SCHEDULE OF BONUSES
Public Benefit Amenity Amenity Unit Bonus Ratio*
Open Space Amenities
Park Square foot 1:1
Excess Pervious Landscaping Square foot 1:0.5
Pedestrian Circulation
Improvements
Off-Site Sidewalk Square foot 1:1
Pathway/Bikeway Square foot 1:1
Pedestrian Bridge/Tunnel Square foot 1:1
Public Assembly Space Square foot 1:5
Traffic Improvements
Service Road (24-30 foot paved Square foot 1:3
width)
Transit Amenities
Transit-related Lane Widening Square foot 1:2
Public Transit Endowment Dollar ($) 20:1
*Note: BONUS RATIO= Amenity: Floor Area
The Planning Board may grant bonus floor area for a public benefit amenity that is not specifically listed in paragraph B above, only when the cost of such amenity exceeds 3% of the total cost of the project and if:
1) the provision of such amenity has been mandated as part of a State approval process; and,
2) the provision of the alternative improvement furthers the objectives of this Section 9; and,
3) the improvement is at least equivalent in value and effect to a listed public benefit amenity which would qualify the development for the proposed amount of bonus floor area.
A project in the RC district, which proposes to provide a public benefit amenity but not to use the full FAR increase which the amenity makes possible, may enter into a prospective bonus agreement (PBA) with the Planning Board as a condition of the Board's granting of a Special Permit and/or Site Plan Approval. The PBA shall define the specific nature of the public benefit amenity and the amount of FAR and additional floor area for which the parcel shall become eligible as a result of provision of the improvement. The maximum term of a PBA shall not exceed five (5) years, following which the rights to any unused FAR increase shall become null and void. If, for any reason, a change of use of a parcel that has been approved for an FAR increase which is in whole or in part unused is proposed within the affective term of a PBA, the owner must obtain the approval of the Planning Board to take advantage of such remaining increase.
The only effect of a PBA shall be to increase the allowable FAR of the development, subject to all other requirements of this Section 9. The approval of a PBA by the Planning Board shall not be deemed to supersede or waive any of the other provisions of this Section, nor shall such approval be considered to represent the granting of site plan approval or special permit approval for any future development.
1) Where a bonus is granted, the applicant shall covenant to ensure the continued use of the bonus facility or improvement for the purpose for which the bonus was granted. Such covenant shall be recorded as a condition of the special permit and shall run with the land.
2) An applicant who constructs a pedestrian circulation improvement shall be responsible for the maintenance, upkeep and provision of insurance for the improvement, unless it has been dedicated to and accepted by the Town. If the improvement is not maintained, the Town may, at its sole option, place a lien on the property, maintain the improvement, and seek reimbursement from the owner.
The review procedures set forth herein are intended to apply to the RC and HC districts, in addition to the requirements of the underlying zoning district. In administering such procedures and requirements, the Planning Board shall apply the standards of the underlying zoning district if such standards, procedures and requirements are more restrictive than set forth in these Highway Overlay District Regulations.
The Planning Board shall be the Special Permit Granting Authority for all special permits granted under these Highway Overlay District Regulations.
A development which requires site plan review and a special permit in conformance with the underlying zoning shall be required to conform with the additional requirements of these Highway Overlay Districts Regulations. No additional special permit or site plan review shall be required.
1) An additional Special Permit is required for any proposed development which will exceed the base Floor Area Ratio (FAR) of 0.32, as described in Section V, hereto.
2) Procedure:
a) When required, the procedures for site plan submission, review and approval shall be as set forth under Section IV.I. of this By-Law, except that the traffic impact standards of Section IV.I.6.(a) and IV.I.8.(c) including the requirements for off-site traffic improvements, are superseded by the provisions of Section 3.d.3) and 5.b. herein. In the event that multiple Special Permits are required either by these Highway Overlay District Regulations or by these Regulations and the Underlying Regulations, the review process employed shall occur simultaneously, with a separate vote recorded for each, to minimize, to the greatest feasible extent, the decision-making time period.
b) The calculation of a major or minor alteration shall be determined by the Building Commissioner.
The Planning Board may modify and/or waive strict compliance with one or more of the standards, regulations and objectives set forth in these Highway Overlay District Regulations in accordance with the following procedures.
1) Findings Required for a Waiver: The Planning Board shall make a specific Finding, in writing, that a waiver and/or modification will not create conditions which are substantially more detrimental to the existing site and the neighborhood in which the site is located, than if the waiver and/or modification were not granted. As the basis for its decision, the Planning Board shall consider factors which shall include, but not be limited to, the impact of the waiver on traffic; municipal services and facilities; the character of the neighborhood including environmental and visual features; and whether the objectives of these Highway Overlay Districts Regulations are achieved.
2) Performance Standards for Waivers: The applicant will be required to demonstrate that the waiver, if granted, will accomplish the following design and performance objectives, as are applicable:
a) Landscaped buffer strips which create a strong impression of separation between developed areas and adjacent streets and/or residential areas.
b) Landscaped parking areas and landscaped areas adjacent to buildings to provide shade and visual relief from large expanses of impervious surfaces.
c) Improved pedestrian circulation within the subject site and, where possible, create pedestrian access to adjoining sites.
d) Maintenance of all landscaped spaces and buffer areas.
e) Improved vehicular access, reduced curb cuts for access drives, improved on-site circulation.
f) Improved building architecture and facade to achieve compatibility and harmony with the surrounding neighborhood.
g) Improved site signage.
It is the intent of this Section to provide an opportunity for regional review of proposed developments in the Regional Center district as described below: Review and comment by the Planning Board of the Town of Natick is specifically encouraged. In its review of a site plan, the Planning Board shall consider any comments submitted by the Planning Board of the Town of Natick.
1) If the size of the proposed structure is equal to or greater than 50,000 square feet, the applicant shall submit one complete set of application documents to the Town of Natick and shall meet with the Planning Board of Natick to describe the project, if requested by the Natick Planning Board.
2) If the size of proposed structure is less than 50,000 square feet, the applicant shall submit one complete set of application documents to the Town of Natick The Planning Board of Natick shall be notified of the dates of all public hearings regarding the project.
This Section is designed to provide guidance for the installation of towers, antennas and other communication structures for all types of wireless communications within the Town of Framingham. The By-Law will establish standards to protect the interests of the general public, provide for public safety, and minimize visual impacts on residential districts.
1) No wireless communications facility (which shall include monopoles, satellite dish[es] over one [1] meter in diameter or antennas), shall be erected or installed except in compliance with the provisions of this Section, and shall require a Special Permit with review and approval as set forth herein.
2) Any proposed extension in height, addition of cells, antenna or panels, or a new replacement of a facility shall be subject to the provisions of the bylaw.
3) The Zoning Board of Appeals shall be the Special Permit Granting Authority (SPGA) for Special Permits under this Section.
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 [10] period) as technically practicable.
2) The SPGA must find that existing or approved facilities cannot accommodate the wireless communications equipment planned for any proposed facility, before a new wireless communications facility may be approved by the SPGA.
3) Existing on-site vegetation shall be preserved to the maximum extent practicable.
4) All wireless communications facilities shall minimize, to the extent feasible, adverse visual effects on the environment. The SPGA may impose reasonable conditions to ensure this result, including painting and lighting standards.
5) Traffic associated with the tower and accessory facilities and structures shall not adversely affect abutting ways.
6) Applicants proposing to erect a wireless communications facility on municipally-owned land or structures shall provide evidence of contractual authorization by the Town of Framingham to conduct wireless communication services on municipally-owned properties.
7) Only free-standing monopoles, with associated antenna and/or panels, are allowed. The SPGA shall not grant a Special Permit for lattice towers and similar facilities requiring three [3] or more legs and/or guy wires for support.
The landowner of record shall be responsible for ongoing proper maintenance of the Wireless Communications Facility. Verification of maintenance and structural integrity by a certified structural engineer shall be required at the request of the Building Commissioner on a biannual basis. The Building Commissioner shall require a maintenance and removal guarantee bond for all wireless communications facilities subject to Special Permit under this Section IV.L. The Building Commissioner may require such bond for facilities which are exempt from Special Permit under subsection IV.L.3.e., below.
Any wireless communication facility shall be removed within one (1) year of cessation of use.
The following types of wireless communications facilities are exempt from the Special Permit requirement of this bylaw and may be constructed, erected, installed, placed and/or used within the Town subject to the issuance of a building permit by the Building Commissioner.
1) Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that (1) the tower is not used or licensed for any commercial purpose; (2) the tower must have a cost or replacement value of less than $10,000.00; (3) if the tower is a free-standing device, such device shall be installed in the rear yard only; and (4) the tower must be removed if the use is discontinued for one (1) year.
2) Towers used for the purposes set forth in M.G.L. C.40A, Section 3; and
3) Wireless Communication Facilities installed on other structures, provided that such Wireless Communications Facility, including its support, is:
a) finished in a manner designed to be aesthetically consistent with the exterior finish of such structure; and
b) mounted in such a manner so that it does not:
(1) obscure any window or other exterior architectural feature;
(2) extend above the highest point of the roof by more than fifteen (15) feet;
c) comprised of devices which do not individually or in the aggregate have a front surface facing surrounding streets and adjacent properties that exceeds fifty (50) square feet in area.
All applications for a building permit shall include color photographs of the existing structure to which the WCF will be attached and a color photograph or rendition illustrating the WCF.
a. A Wireless Communication Facility shall comply with the dimensional requirements applicable to structures for the District in which it is located; provided, however, that the following height and setback limitations for a Wireless Communication Facility shall supersede any limitations for the District.
1) Any structure-mounted WCF shall not exceed fifteen (15) feet ART, and the total height from ground level to top of Facility shall not exceed eighty (80) feet AG.
2) Any free-standing WCF shall not exceed eighty (80) feet AG.
1) Any structure-mounted WCF shall conform to setback requirements as set forth in Section IV G2 of the bylaws.
2) The setback of a free-standing WCF from the property line of the lot on which it is located shall be at least equal to the height of the structure plus twenty (20) feet. The setback of any such facility shall be a minimum of three hundred (300) feet from a residential zoning district or residential use.
d. Except for the replacement of an existing WCF, the SPGA shall not grant a Special Permit for a WCF in a residential zone.
a. All persons desiring to erect or modify a WCF shall apply for a Special Permit, in accordance with this bylaw.
b. No application shall be accepted or acted upon until all the required information as set forth in this bylaw is provided by the applicant and all required fees are paid.
c. The Building Commissioner or his agent shall perform a field inspection on all applications for a WCF prior to the hearing for the Special Permit. The results of the inspection shall become a permanent part of the applicant's file on a form prescribed by the Building Commissioner, and shall bear the date of inspection, comments and the signature of the inspecting officer.
d. All applications for special permit shall include:
1) A locus plan at a scale of 1" = 100' for each proposed communications structure.
2) A site plan for each proposed communications structure at a scale sufficient to show setback of the wireless communications facility from the lot lines and indicating buildings, if any, and colors, landscape, lighting and fencing, and all residential districts and residential uses within three hundred (300) feet of the facility;
3) Certification by a professional engineer that Federal Communications Commission (FCC), Federal Aviation Administration (FAA), Massachusetts Aeronautics Commission, Massachusetts Department of Public Health and American National Standards Institute (ANSI) standards insofar as they are applicable have been met;
4) Specifications for construction, lighting and wiring in accordance with state and national building codes, including a description of the capacity of the WCF including the number and types of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations;
5) A statement of the services to be supported by the proposed communications structure;
6) Evidence, if applicant is sole user of a structure, that all possible means of colocation for multiple use of antennae elsewhere have been exhausted;
7) Assessor's plan showing proposed locus;
8) A completed application form.
e. Fees for permits shall be established and amended from time to time by the Board of Selectmen.
f. The owner of the WCF shall provide to the Town a certificate of insurance on a Commercial General Liability (CGL) form. The CGL insurance must be on an occurrence basis and at a limit as established and as may be amended from time to time by the Town of Framingham.
The following guidelines shall be used when preparing plans for the siting and construction of all Wireless Communications Facilities:
a. Any facility shall be designed to be constructed to accommodate its anticipated and future use and shall be designed to accommodate the maximum number of users technologically practicable. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.
b. All WCF's shall be sited in such a manner that the view of the facility from adjacent abutters, residential neighbors and other areas of the Town shall be as limited as possible. All monopoles and dishes shall be painted or otherwise colored so as to blend in with the landscape or the structure on which they are located. A different color scheme shall be used to blend the structure with the landscape below and above the tree or building line.
c. Satellite dishes and/or antennae shall be situated on or attached to a structure in such a manner that they are screened, preferably not being visible from abutting streets. Free-standing dishes or antennae shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape.
d. Fencing shall be provided to control access to WCF's and shall be compatible with the character of the district.
e. There shall be no signs, except for announcement signs, "No Trespassing" signs and a required sign giving the telephone number where the owner may be reached on a twenty-four-hour (24-hr.) basis. All signs shall conform with the Sign bylaws.
f. Lighting shall be limited to that needed for emergencies and/or as required by the FAA, local, state or federal authorities, and shall be directed in such a way as to minimize glare and cause the least amount of interference with and light spillover onto neighboring properties.
g. There shall be a minimum of one (1) parking space for each WCF to be used in connection with the maintenance of the site, and not to be used for the permanent storage of vehicles or other equipment.
Upon receipt of a special permit from the SPGA, the applicant
shall apply to the Building Commissioner for a permit to construct
a WCF and shall provide written evidence that all preconstruction
conditions as may be a part of the special permit decision have
been satisfied.