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TOWN OF EASTON
ZONING BY LAW
Adopted at Town Meeting June 13, 2016
EASTON PLANNING AND ZONING BOARD
Gregory Strange, Chair
Peter Deschenes, Vice Chair
Wayne Benson
David Clymens
Deborah Balcarek
Peter Buhl
TABLE OF CONTENTS
SECTION 1.0 PURPOSE AND AUTHORITY..…………………………………………………………1-1
1.1 PURPOSE………………………………………………………………………………………………….1-1
1.2 AUTHORITY……………………………………………………………………………………………...1-1
1.3 SCOPE……………………………………………………………………………………………………..1-1
1.4 APPLICABILITY………………………………………………………………………………………….1-1
1.5 AMENDMENTS………………………………………………………………………………………….1-2
1.6 SEPARABILITY…………………………………………………………………………………………...1-2
SECTION 2.0 DISTRICTS..………………………………………………………………………………2-1
2.1 DIVISION INTO DISTRICTS…………………………………………………………………………….2-1
2.2 ZONING MAP…………………………………………………………………………………………….2-1
2.3 CHANGES TO MAP………………………………………………………………………………………2-1
2.4 OVERLAY DISTRICTS…………………………………………………………………………………...2-1
2.5 BOUNDARIES OF DISTRICTS………………………………………………………………………….2-1
2.6 SPLIT LOTS……………………………………………………………………………………………….2-2
SECTION 3.0 USE REGULATIONS….....................................................................................................................3-1
3.1 PRINCIPAL USES………………………………………………………………………………………...3-1
3.2 ACCESSORY USES………………………………………………………………………………………3-1
3.3 HOME OCCUPATIONS…………………………………………………………………………………3-2
4.0 DIMENSIONAL AND DENSITY REGULATIONS……………………………………………….4-1
4.1 GENERAL REGULATIONS…………………………………………………………………………….4-1
4.2 SPECIAL REGULATIONS………………………………………………………………………………4-1
4.3 ACCESSORY STRUCTURES…………………………………………………………………………….4-1
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SECTION 5.0 NONCONFORMING USES AND STRUCTURES..…………………………………...5-1
5.1 APPLICABILITY…………………………………………………………………………………………5-1
5.2 NONCONFORMING USES……………………………………………………………………………..5-1
5.3 NONCONFORMING STRUCTURES…………………………………………………………………..5-1
5.4 VARIANCE REQUIRED………………………………………………………………………………..5-1
5.5 NONCONFORMING SINGLE AND TWO FAMILY RESIDENTIAL STRUCTURES……………...5-1
5.6 ABANDONMENT OR NON-USE...…………………………………………………………………….5-2
5.7 RECONSTRUCTION AFTER CATASTROPHE OR DEMOLITION…………………………………5-2
5.8 REVERSION TO NONCONFORMITY...………………………………………………………………5-3
5.9 SUBSTANDARD LOTS………………………………………………………………………………….5-3
SECTION 6.0 GENERAL REGULATIONS…………………………………………………………..6-1
6.1 OFF STREET PARKING AND LOADING REQUIREMENTS………………………………………6-1
6.2 SIGNS…………………………………………………………………………………………………….6-7
6.3 PERFORMANCE STANDARDS……………………………………………………………………….6-13
SECTION 7.0 SPECIAL REGULATIONS……………………………………………………………7-1
7.1 ADULT ENTERTAINMENT ESTABLISHMENTS……………………………………………………7-1
7.2 COMMON DRIVEWAYS………………………………………………………………………………..7-2
7.3 COMMUNICATIONS TOWER AND WIRELESS COMMUNICATIONS FACILITY………………..7-3
7.4 PLANNED BUSINESS DEVELOPMENT…………………………………………………………........7-5
7.5 PLANNED INDUSTRIAL DEVELOPMENT…………………………………………………………..7-6
7.6 HOTELS AND MOTELS………………………………………………………………………………..7-6
SECTION 8.0 SPECIAL RESIDENTIAL REGULATIONS……………………………………….......8-1
8.1 FLEXIBLE DEVELOPMENT…………………………………………………………………………..8-1
8.2 ASSISTED LIVING RESIDENCE………………………………………………………………………8-5
8.3 BED AND BREAKFAST ESTABLISHMENTS…………………………………………………………8-5
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8.4 MULTIFAMILY DWELLINGS…………………………………………………………………………..8-6
8.5 ADULT RETIREMENT DEVELOPMENTS……………………………………………………………8-7
8.6 RESIDENTIAL COMPOUND………………………………………………………………………….8-13
8.7 ESTATE LOTS…………………………………………………………………………………………..8-16
8.8 IN-LAW APARTMENTS………………………………………………………………………………..8-17
8.9 AFFORDABLE HOUSING REQUIREMENTS………………………………………………………..8-18
SECTION 9.0 SPECIAL DISTRICT REGULATIONS…………………………………………….9-1
9.1 AQUIFER PROTECTION OVERLAY DISTRICT (APOD)……………………………………………9-1
9.2 FLOOD PLAIN OVERLAY DISTRICT (FPOD)……………………………………………………….9-4
9.3 QUESET COMMERCIAL DISTRICT (QCD)…………………………………………………………..9-7
9.4 LARGE-SCALE GROUND MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION OVERLAY DISTRICT (SPOD)….9-9
9.5 MEDICAL MARIJUANA TREATMENT CENTER OVERLAY DISTRICT (MMOD)………………9-15
9.6 QUESET SMART GROWTH OVERLAY DISTRICT (QSGOD)……………………………………..9-17
SECTION 10.0 ADMINISTRATION AND ENFORCEMENT…………………………………..10-1
10.1 PERMIT………………………………………………………………………………………………...10-1
10.2 ENFORCEMENT AND PENALTIES………………………………………………………………...10-1
10.3 BOARD OF APPEALS…………………………………………………………………………………10-2
10.4 PLANNING & ZONING BOARD……………………………………………………………………10-2
10.5 SPECIAL PERMITS…………………………………………………………………………………...10-2
10.6 SITE PLAN APPROVAL………………………………………………………………………………10-3
10.7 SITE PLAN REVIEW FOR SECTION 3 USES……………………………………………………….10-5
10.8 REQUEST FOR REASONABLE ACCOMMODATION……………………………………………..10-7
SECTION 11.0 DEFINITIONS…………………………………………………………………………..11-1
Appendix A: TABLE OF USE REGULATIONS……………………………………………Appendix A-1
Appendix B: DIMENSIONAL AND DENISTY REGULATIONS………………………….Appendix B-1
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EASTON ZONING BY-LAW
Approved June 13, 2016
SECTION 1.0 PURPOSE AND AUTHORITY
1.1 PURPOSE. |
These regulations are enacted to promote the general welfare of the Town, to protect the
health and safety of its inhabitants, to encourage the most appropriate use of land throughout the town, to preserve
the cultural, historical and agricultural heritage of the community, to increase the amenities of the town, and to
reduce the hazard from fire by regulating the location and use of buildings and the area of open space around
them, all as authorized by, but not limited to, the provisions of the Zoning Act, G.L. c. 40A, as amended, and
Section 2A of 1975 Mass. Acts 808. 1.2 AUTHORITY. This Zoning By-Law (“this By-Law”) is enacted in accordance with the provisions of
the General Laws, Chapter 40A, and any and all amendments thereto, and by Article 89 of the Amendments to
the Constitution of the Commonwealth of Massachusetts. 1.3 SCOPE. For these purposes, the construction, repair, alteration, reconstruction, height, number of stories,
and size of buildings and structures, the size and width of lots, the percentage of lot area that may be occupied,
the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings,
structures, and land in the Town are regulated as hereinafter provided. 1.4 APPLICABILITY. All buildings or structures hereinafter erected, reconstructed, altered, enlarged, or
moved, and the use of all premises in the Town, shall be in conformity with the provisions of the Zoning By-Law. No building, structure or land shall be used for any purpose or in any manner other than is expressly permitted
within the district in which such building, structure or land is located. Where the application of this By-Law
imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements,
covenants, or agreements, the provisions of this By-Law shall control. 1.4.1 Applicability; Nonconformities. |
Except as herein after provided, this By-law shall not apply to
structures or uses lawfully in existence or lawfully begun, or to a building permit or special permit issued before
the first publication of notice of the public hearing on this By-Law or any amendments thereto, but shall apply to
any change or substantial extension of such use, to a building permit or special permit issued after the first notice
or said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration
of a structure begun after the first notice of said public hearing to provide for its use in a substantially different
purpose or for the same purpose in a substantially different manner or to a substantially greater extent except
where alteration, reconstruction, extension or a structural change to a single or two family residential structure
does not increase the nonconforming nature of said structure. 1.4.2 Commencement of Construction or Operation. Construction or operations under a building permit
or special permit shall conform to any subsequent amendments to this By-Law, unless the use or construction is
commenced within a period of not more than six months after the issuance of the permit and in any case involving
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construction, unless such construction is continued through to completion as continuously and expeditiously as is
reasonable. 1.5 AMENDMENTS. This By-law, including the Zoning Map which is part hereof, may be amended at a
regular or special Town Meeting in accordance with Chapter 40A of the General Laws of Massachusetts. Petitions
for zoning amendments shall be made in accordance with G.L. c. 40A, s. 5, and shall be submitted to the Board
of Selectmen with a copy to the Planning & Zoning Board and shall be accompanied by the following:
1.5.1 Text. For petitions concerning the text of this By-law, five (5) copies of the existing and proposed text
shall be submitted. 1.5.2 Zoning Map. |
For petitions concerning the Zoning Map, one reproducible and two copies thereof of a
map with sufficient information describe the area of the proposed change and other related information as may
be required at the discretion of the Easton Planning & Zoning Board. 1.5.3 Initiation. Petitions for zoning amendments may be initiated by:
1. Board of Selectmen;
2. Board of Appeals;
3. Individual owning land to be affected;
4. Ten registered voters;
5. Planning & Zoning Board;
6. Old Colony Planning Council;
The Board of Selectmen shall submit the petition to the Planning & Zoning Board within fourteen days of receipt. 1.5.4 Public Hearing. The Planning & Zoning Board shall hold a public hearing within sixty-five days after
receipt. 1.6 SEPARABILITY. The invalidity of any section or provision of this By-Law shall not invalidate any
other section or provision herein. 1-2
SECTION 2.0 DISTRICTS
2.1 DIVISION INTO DISTRICTS. The Town of Easton, Massachusetts, is hereby divided into these
Zoning Districts, designated as follows:
Full Title Abbreviation
Residential R
Residential 1 R1
Business B
Business Neighborhood BN
Industrial I
Eleemosynary E
Municipal or Open Space M
Queset Commercial District QCD
Village Business District VBD
2.2 ZONING MAP. The location and boundaries of the zoning districts are hereby established as shown on
a map titled "Town of Easton, Massachusetts Zoning Map" dated May 16, 2016, which accompanies and is hereby
declared to be a part of this By-law. The authenticity of the Zoning Map shall be identified by the signature of
the Town Clerk and the imprinted seal of the Town under the following words: "This is to certify that this is the
Zoning Map of the Town of Easton, Massachusetts, referred to in the Zoning By-Law of the Town of Easton,
Massachusetts, which was approved by the Town Meeting on May 16, 2016. 2.3 CHANGES TO MAP. |
Any change in the location of boundaries of a Zoning District hereafter made
through the amendment of this By-law shall be indicated by the alteration of such map, and the map thus altered
as declared to be part of the By-law thus amended. It shall be the responsibility of the Planning & Zoning Board
to direct such alterations. 2.4 OVERLAY DISTRICTS. The following overlay districts are also established,
as set forth in Section 9.0, herein. Full Title Abbreviation
Aquifer Protection Overlay District APOD
Flood Plain Overlay District FPOD
Large Scale Ground Mounted Solar Photovoltaic Installation Overlay District SPOD
Medical Marijuana Treatment Center Overlay District MMOD
Queset Smart Growth Overlay District QSGOD
2.5 BOUNDARIES OF DISTRICTS. Where any uncertainty exists with respect to the boundary of any
district as shown on the Zoning Map, the following rules apply:
2.5.1 Centerline. Where a boundary is indicated as a street, railroad, watercourse or other body of water, it
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shall be construed to be the centerline or middle thereof, or where such boundary approximates a town boundary,
then to the limits of the town boundary. 2.5.2 Parallel. Where a boundary is indicated as following approximately or parallel to a street, railroad,
watercourse, or other body of water, it shall be construed to be parallel thereto and at such distance there from as
dimensioned on the Zoning Map. If no dimension is given, such distance shall be determined by use of the scale
shown on the Zoning Map. 2.5.3 Dimensioned Boundary. Where a dimensioned boundary coincides within ten (10) feet or less with a
lot line, the boundary established by records as of March 1973, shall be construed to be the lot line. 2.5.4 Right Angle. |
Where a boundary is indicated as intersecting the centerline of a street, railroad, watercourse
or other water body, it shall be construed to intersect at right angles to said centerline, or in the case of a curved
centerline, at right angle to the tangent to the curve at the point of intersection. 2.5.6 Dispute. Whenever any dispute arises on district boundaries as to the exact location of a district boundary
line, the location of such line shall be determined by the Building Commissioner after consultation with the
Planning & Zoning Board. 2.6 SPLIT LOTS
2.6.1 By Town Boundary. When a lot is situated in part in the Town of Easton and in part in an adjacent
municipality, the provisions of this By-law shall be applied to the portion of such lot in the Town of Easton in the
same manner as if the entire lot were situated in the Town of Easton. 2.6.2 By Zoning District Boundary. When a lot is transected by a zoning district boundary, the regulations
of the by-law applicable to the larger part of the area of such lot may also at the option of the lot owner be deemed
to govern in the smaller part beyond such zoning district boundary but only to an extent not more than thirty (30)
linear feet in depth beyond such zoning district boundary. 2-2
SECTION 3.0 USE REGULATIONS
3.1 PRINCIPAL USES. 3.1.1 Applicability of Use Regulations. Except as provided by law or in this By-law in each district no
building, structure, or land shall be used or occupied except for the purposes permitted as set forth in the
accompanying Table of Use Regulations. Any use not listed shall be construed to be prohibited. 3.1.2 Permitted Uses. In the following Table of Use Regulations the uses permitted by right in the district
shall be designated by the letter (Y). Uses designated (N) shall not be permitted in the district. |
Those uses that
may be permitted by special permit in the district, in accordance with Section10.5, shall be designated by
identification of the Special Permit Granting Authority, which is either:
ZBA Zoning Board of Appeals
PZB Planning & Zoning Board
BOS Board of Selectmen
3.1.3 Uses Subject to Other Regulations. Uses permitted by right or by special permit shall be subject, in
addition to use regulations, to all other provisions of this By-Law. 3.1.4 Table of Use Regulations. See Appendix A- Table of Use Regulations which is declared to be part of
this By-Law. 3.2 ACCESSORY USES. 3.2.1 Accessory Uses; All Districts. The following accessory uses are specifically permitted in all districts
as of right or by special permit. See Table of Use Regulations. 1. Temporary Construction Trailers. The Building Commissioner may grant a temporary
occupancy permit for temporary buildings and trailers during building construction
where reasonably required for such construction. Such permit may be issued for an initial
period of not more than one year. Permits may be renewed by the Building Commissioner
for successive periods of not more than one year each. 2. Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted
as a matter of right, which are necessary in connection with scientific research or
scientific development or related production, may be permitted upon the issuance of a
special permit by the Board of Appeals, provided that the Board finds that the proposed
use does not substantially derogate from the public good. 3. Family Day Care Homes. Small and large family day care homes are allowed as set forth
in the Table of Uses. 4. Adult Day Care Homes. Adult day care homes are allowed are allowed as set forth in
3-1
the Table of Uses. 3.2.2 Accessory Uses in the Residence Districts. The following provisions shall apply to accessory uses
and structures in the Residence Districts:
1. Boarders. Up to three (3) boarders are allowed as an accessory use. 2. Miscellaneous. |
Kennels; Contractor's yard for the storage of building materials or
equipment; the storage or keeping of commercial landscaping equipment, materials,
supplies, or piles; and commercial auto repair or service are prohibited in the Residence
Districts. 3.2.3 Accessory Uses in the Business and Industrial Districts. In the Business and Industrial Districts,
any use permitted as a principal use is also permitted as an accessory use provided such use is customarily
incidental to the main or principal building or use of the land. Any use authorized as a principal use by special
permit may also be authorized as an accessory use by special permit provided such use is customarily incidental
to the main or principal building or use of the land. 3.3 HOME OCCUPATIONS. 3.3.1 Home Occupation - As of Right. One (1) home occupation may be allowed on any premises as of
right, provided that the home occupation:
1. is conducted solely within a dwelling or accessory building and solely by the person(s)
occupying the dwelling as a primary residence;
2. is clearly incidental and secondary to the use of the premises for residential purposes;
3. does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical
interference, radioactive emission or environmental pollution;
4. does not utilize exterior storage of material or equipment (including the parking of
commercial vehicles);
5. does not exhibit any exterior indication of its presence or any variation from residential
appearance;
6. does not produce any customer, pupil, or client trips to the occupation site and has no
nonresident employees;
7. is registered as a business with the Town Clerk. 3.3.2 Home Occupation - By Special Permit. |
One (1) home occupation may be allowed on any premises
by special permit issued by the Board of Appeals, provided that:
3-2
1. the home occupation complies with the pertinent provisions of Section 3.3.1, above;
2. is conducted within a dwelling solely by the person(s) occupying the dwelling as a
primary residence and, in addition to the residents of the premises, by not more than two
additional employees;
3. does not exhibit any exterior indication of its presence, or any variation from residential
appearance, except for a sign or name plate in compliance with Section 6.2;
4. a special permit for such use is granted by the Board of Appeals, subject to conditions
including, but not limited to, restriction of hours of operation, maximum floor area, off-
street parking, and maximum number of daily customer vehicle trips. Such special
permit shall lapse upon the transfer of the property. 3-3
SECTION 4.0 DIMENSIONAL AND DENSITY REGULATIONS
4.1 GENERAL REGULATIONS. 4.1.1 Conformance Required. No building or structure shall be built or shall any existing building or structure
be enlarged except in conformance with the regulations of this By-law as to lot coverage, lot area per dwelling
unit, lot width, front, side and rear yards, and maximum height of structures, in the districts as set forth below
except as may otherwise be provided elsewhere in this By-law. 4.1.2 Table of Dimensional and Density Regulations. See Appendix B, Table of Dimensional
Regulations which is declared to be part of this By-Law. 4.2 SPECIAL REGULATIONS. 4.2.1 Distance Between Buildings. Except in the Queset Commercial District, and except in the case of an
approved Planned Business Development and/or Planned Industrial Development, if more than one building
(other than a one, two or three-car garage, a tool-shed, a greenhouse or a cabana) may lawfully be placed on any
lot in single or common ownership, the distance between the nearest parts of such buildings shall be not less than
forty (40) feet. |
4.2.2 Frontage Required. No building shall be erected except on a lot fronting on a street, and there shall
be not more than one principal building on any lot except that there may be two buildings on a lot subject to the
provisions of Section 8.0. 4.2.3 Computation of Lot Area. Land within the lines of a street on which a lot abuts shall not be counted
as part of such lot for the purposes of meeting the area requirements of this By-law even though the fee to such
land may be in the owners abutting lots. 4.2.4 Multiple Uses. In cases of multiple uses, the regulation for each use shall apply to the portion of the
building or land so used. A multiple use of a premises for a residential and a business purpose in a business zone
may be permitted subject to the foregoing and site plan submission and approval by the Planning & Zoning Board
under Section 10.6. 4.2.5 Side Lot Line. In no case shall a side lot line be created that the mean direction shall form an angle of
less than seventy-five (75) degrees with the street line for a distance of 100 feet except where the side lot line
intersects the arc of a cul-de-sac or turnaround, in which case the Planning & Zoning Board may waive the
requirement. 4.3 ACCESSORY STRUCTURES. 4.3.1 Attached Garage. A garage or carport attached to any side of a dwelling and constructed as a part of the
dwelling shall be considered as a part of the dwelling and shall meet all requirements for front, side, or rear yards,
and height of structure which apply to the dwelling. 4-1
4.3.2 Storage Structure. A residential storage structure may be located to within five (5) feet of a side or rear
lot line, while a detached residential garage shall be located a minimum of fifteen (15) feet from a side yard and
twenty (20) feet from the rear lot line. 4.3.3 Certain Buildings. Tool sheds, garden sheds, storage sheds, garages, or other like buildings shall be
allowed as accessory uses in the Residence Districts subject to the dimensional requirements in Section 4.3. |
4-2
SECTION 5.0 NONCONFORMING USES AND STRUCTURES
5.1 APPLICABILITY. This By-law shall not apply to structures or uses lawfully in existence or
lawfully begun, or to a building or special permit issued before the first publication of notice of the
public hearing required by G.L. c. 40A, s. 5 at which this By-law, or any relevant part thereof, was
adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that
no modification of the use or structure is accomplished, unless authorized hereunder. 5.2 NONCONFORMING USES. The Zoning Board of Appeals may award a special permit to
change a nonconforming use in accordance with this Section only if it determines that such change or
extension shall not be substantially more detrimental than the existing nonconforming use to the
neighborhood. 5.2.1 Permissible Changes. The following types of changes to nonconforming uses may be considered
by the Zoning Board of Appeals:
1. Change or substantial extension of the use;
2. Change from one nonconforming use to another, less detrimental, nonconforming
use. 5.3 NONCONFORMING STRUCTURES. The Zoning Board of Appeals may award a special permit
to reconstruct, extend, alter, or change a nonconforming structure in accordance with this Section only
if it determines that such reconstruction, extension, alteration, or change shall not be substantially more
detrimental than the existing nonconforming structure to the neighborhood. 5.3.1 Permissible Changes. The following types of changes to nonconforming structures may be
considered by the Zoning Board of Appeals:
1. Reconstructed, extended or structurally changed;
2. Altered to provide for a substantially different purpose or for the same purpose
in a substantially different manner or to a substantially greater extent. 5.4 VARIANCE REQUIRED. |
Except as provided in Section 5.5, below, the reconstruction,
extension or structural change of a nonconforming structure in such a manner as to increase an existing
nonconformity, or create a new nonconformity, shall require the issuance of a variance; the extension
of an exterior wall at or along the same nonconforming distance within a required yard shall also require
the issuance of a variance from the Zoning Board of Appeals. 5.5 NONCONFORMING SINGLE AND TWO FAMILY RESIDENTIAL STRUCTURES. Nonconforming single and two family residential structures may be reconstructed, extended, altered,
or structurally changed upon a determination by the Building Commissioner that such proposed
reconstruction, extension, alteration, or change does not increase the nonconforming nature of said
5-1
structure by more than 100% gross floor area. 5.5.1 Permissible Changes. The following circumstances shall not be deemed to increase the
nonconforming nature of said structure and a building permit may be issued:
1. The reconstruction, extension or alteration of the structure complies with the
current setbacks and building height requirements; or
2. The reconstruction, extension or alteration to any side or face of a structure that
does not comply with a current setback requirement, where the reconstruction,
extension or alteration will not result in a decrease in the distance between any
lot line and the nearest point of the structure; or
3. The reconstruction, extension or alteration will not extend beyond the existing
footprint of the structure, provided that the structure will comply with the current
building height requirements. |
If the Building Commissioner determines that proposed alteration, extension or change exceeds the one
or more of the criteria set forth above, the Zoning Board of Appeals may, by finding, allow such
alteration, extension or change where it determines that the proposed modification will not be
substantially more detrimental than the existing nonconforming structure to the neighborhood. For the
purposes of this subsection only, the term “reconstruction” shall not include the voluntary demolition
of such structure and its rebuilding. See Section 5.7. 5.6 ABANDONMENT OR NON-USE. A nonconforming use or structure which has been abandoned,
or not used for a period of two years, shall lose its protected status and be subject to all of the provisions
of this zoning by-law; provided, however, that by special permit the Zoning Board of Appeals may
reestablish a nonconforming use or structure otherwise abandoned or not used. 5.7 RECONSTRUCTION AFTER CATASTROPHE OR DEMOLITION. Any nonconforming
structure, other than a nonconforming single or two-family dwelling governed by Section 5.5, may be
reconstructed after a catastrophe or after demolition in accordance with the following provisions. 5.7.1 Procedures. 1. Reconstruction of said premises shall commence within two years after such
catastrophe or demolition. 2. Building(s) reconstructed as of right shall be located on the same footprint as the
original nonconforming structure and shall be only as great in volume or area as
the original nonconforming structure. 3. In the event that the proposed reconstruction would (a) cause the structure to
exceed the volume or area of the original nonconforming structure or (b) cause
the structure to be located other than on the original footprint, a special permit
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from the Board of Appeals shall be required. 5.8 REVERSION TO NONCONFORMITY. No nonconforming use shall, if changed to a conforming
use, revert to a nonconforming use. 5.9 SUBSTANDARD LOTS. |
When a prior lawful nonconforming structure is located on a lot which
does not meet current dimensional requirements, such lot shall not be changed, unless the change does
not result in exacerbation of an existing nonconformity or a new nonconformity. 5-3
SECTION 6.0 GENERAL REGULATIONS
6.1 OFF STREET PARKING AND LOADING REQUIREMENTS. 6.1.1 General. In any district if any structure is constructed, enlarged, or extended, or has a change of
use which affects the computation of parking spaces, and any use of land established, or any existing
use is changed, after the effective date of this By-law, parking and loading spaces shall be provided in
accordance with the Table of Off-Street Parking Regulations and the Table of Off-Street Loading
Regulations. An existing structure which is enlarged or an existing use which is extended after the
effective date of this By-law shall be required to provide parking and loading spaces in accordance
with the following tables for the entire structure or use. 1. When the computation of required parking or loading spaces results in the
requirement of fractional space, any fraction over one-half shall require one
space. 6.1.2 Existing Space. Parking or loading spaces being maintained in any district in connection with
any existing use on the effective date of this By-law shall not be decreased so long as said use remains,
unless a number of parking or loading spaces is constructed elsewhere such that the total number of
spaces conforms to the requirements of the tables of this Section provided: this regulation shall not
require the maintenance of more parking or loading spaces than is required according to the tables. 6.1.3 Combined Facilities. Parking required for two or more buildings or uses may be provided in
combined facilities on the same or adjacent lots, subject to approval by the Planning & Zoning Board,
where it is evident that such facilities will continue to be available for the several buildings or uses. |
6.1.4 Location of Parking Spaces. Required off-street parking spaces shall be provided on the same
lot as the principal use they are required to serve; or, when practical difficulties as determined by the
Board of Appeals prevent their establishment upon the same lot, they shall be established no further
than 200 feet from the premises to which they are appurtenant. In the Village Business District, the Planning and Zoning Board may approve off-premise, off-street
parking spaces within 700 feet from the premises to which they are appurtenant, through the site plan
review process (see Section 10.6). 6.1.5 Table of Off-Street Parking Regulations. TABLE OF OFF-STREET PARKING REGULATIONS
Uses Number of Parking Spaces per Unit
1. One single- or two-family dwelling Two for each dwelling unit
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TABLE OF OFF-STREET PARKING REGULATIONS
Uses Number of Parking Spaces per Unit
2. Multifamily apartments 1.25 for each dwelling unit
3. Lodging unit One for each bedroom in a lodging unit
4. Theater, auditorium, church or similar One for each five seats of total seating capacity
place of public assembly with seating
facilities
5. New and used car sales and automotive One per 1,000 sq. ft. of gross floor space
service establishment and other retail and In the case of outdoor display areas, one for each
service establishments utilizing extensive 1,000 sq. ft. of lot area in such use
display areas, either indoor or outdoor
which are unusually extensive in relation
to customer traffic
6. Other retail, service, offices, finance, One per each 500 sq. ft. of gross floor space
insurance, real estate establishment, or
shopping center
7. Hotel, motel, tourist court One for each sleeping room
8. Wholesale establishment, warehouse or One per each 1,000 sq. ft. of gross floor space
storage establishment
9. Manufacturing or industrial One per each 600 sq. ft. of gross floor space OR
establishment 0.75 per each employee of the combined
employment of the two largest successive shifts,
whichever is larger
10. |
Hospital Two per bed at design capacity
11. Nursing home Two per 1,000 sq. ft. of gross floor space
12. Business, trade or industrial school or One for each 200 sq. ft. of gross floor area in
college classrooms
6.1.6 Location of Loading Spaces. The loading spaces required for the uses listed in the Table of
Off-Street Loading Requirements shall in all cases be on the same lot as the use they are intended to
serve. In no case shall the required loading spaces be part of the area used to satisfy the parking
requirements of this by-law. 6.1.7 Table of Off-Street Loading Regulations. TABLE OF OFF-STREET LOADING REGULATIONS
6-2
Uses Number of Parking Spaces Per Unit
1. Retail trade, manufacturing and hospital One per 20,000 sq. ft. or fraction thereof of gross
establishment with over 5,000 sq. ft. of floor area up to two spaces; one additional space for
gross floor area each 60,000 sq. ft. or fraction thereof of gross floor
area over 40,000 sq. ft. Space used for ambulance
receiving at a hospital is not to be used to meet these
loading requirements. 2. Business services, other services, One per 75,000 sq. ft. or fraction thereof of gross
community facility (school, church, town floor area up to two spaces; one additional space for
building, recreation, etc.) or public utility each 200,000 sq. ft. or fraction thereof of gross floor
establishment with over 5,000 sq. ft. of area over 150,000 sq. ft.
gross floor area
6.1.8 Parking and Loading Space Standards. All parking and loading areas containing over five
spaces, including automotive and drive-in establishments of all types, shall be either contained within
structures, or subject to the following, in accordance with the Site Plan Guidelines adopted by the
Planning & Zoning Board:
1. The area shall be effectively screened on each side which adjoins or faces the
front, side, or rear lot line of a lot situated in any "R", "E", or "M" District. 2. |
A substantial bumper of masonry, steel or heavy timber, or a concrete curb or
berm curb which is backed shall be placed at the edge of surfaced areas except
driveways in order to protect abutting structures, properties and sidewalks. 3. The periphery of the building, the parking areas, and the driveway shall be
illuminated. Any fixture used to illuminate any area shall be so arranged as to
direct the light away from the street and away from adjoining premises used for
residential purposes and shall be dark sky friendly. 4. There shall not be any vehicle repair for profit or gasoline or oil service facilities
or any repair made to any motor vehicles, except on a lot occupied by a permitted
automotive use. Any gasoline or oil facilities shall be at least 25 feet from any
lot line. 5. There shall not be any storage of materials or equipment or display of
merchandise within required parking area except as part of approved building
operations. 6. Parking and loading spaces shall be so arranged as not to permit backing of
vehicles onto any street, except in residential districts. 7. Any portion of any entrance or exit driveway shall not be closer than 50 feet to
the curb line of an intersecting street. 6-3
8. Any two driveways leading to or from a street or to or from a single lot shall not
be within 30 feet of each other at their intersections with the front line for an
interior lot and 40 feet for a corner lot. 9. An entrance or exit driveway shall not exceed 36 feet in width at its throat. 10. Any open air parking space in districts "B" and "I" shall be at least 10 feet from
any sidewalk or street line. 11. In districts "B" and "I", all off-street parking and loading spaces, access ways
and maneuvering area shall be laid out so as to provide for adequate drainage,
snow and rubbish removal, maneuverability, and curb cuts. 12. n districts "B" and "I", any parking areas(s) adjacent to a building shall be not
less than 6" below the elevation of the building entrance(s). 6.1.9 Fire Lanes. |
In districts "B" and "I", for non-residential uses, fire lanes shall be provided as
follows:
1. From the primary entrance of each unit to the travel way, there shall be a 10 foot
wide fire lane. From all other entrances and exits to the travel way, there shall
be a 6 foot wide fire lane. 2. In the case of shopping centers, restaurants, theaters, and similar locations,
instead of the provisions of "a" above, the fire chief may determine to establish
a general fire lane of not less than 12 feet in width extending around as much of
the perimeter of the building as deemed necessary. 3. In district "B" for multiple family dwelling units, fire lanes shall be provided
from each entrance to the travel way, where there shall be a 6-foot-wide fire lane. 6.1.10 Landscaping Standards; Parking Lot Stormwater Management. Landscaping is required
for all parking lots and may be designed: 1) Low Impact Development (LID) Parking Area Design; or
2) Conventional Parking Area Design. LID Landscaping Plans shall denote a drainage design where
75% or more of the first half inch of stormwater runoff from impervious surfaces is treated for water
quality by a combination of LID techniques in accordance with the most recent version of the
Massachusetts DEP Stormwater Management Manual. Conventional Parking Area Design shall denote
a parking lot landscape design that does not meet the criteria for LID Parking Area Design. 1. Acceptable LID techniques shall include vegetated swales, rain gardens or
bioretention facilities, permeable pavers, infiltration facilities and constructed
wetlands. Cisterns and grey water systems that recycle stormwater runoff may
also be included in these calculations. 6.1.11 Landscaping Standards; Conventional Parking Area Design. |
The landscaping requirements
in this Section are intended to provide a baseline set of standards toward reducing the visual impacts
of large areas of pavement, improving the overall environment or parking areas by providing areas for
shade and heat reduction, and enhancing the overall aesthetic appeal of parking areas. The following
standards shall apply to all Conventional Parking Lot Design as defined in this By-law. 1. Amount. Developments with proposed parking areas of ten (10) spaces or more
6-4
shall provide 20 square feet of landscaped open space within the parking area for
every parking space provided in the lot. 2. Buffers. Landscaping shall be required between non-residential uses or mixed
use developments and existing or future residential development areas. Buffer
zones shall be a minimum of twelve (12) feet in width and shall substantively
screen the site from view through the use of evergreen vegetation at least six feet
in height. Fences may be used as part of screening but shall not include chain
link fences, unless designed to be screened from view with vegetation. These
requirements shall not apply to nonresidential or mixed use development that are
designed to integrate existing or future neighboring residences into the site
through the use of walkways, bicycle paths or other pedestrian amenities. 3. Parking Lot Entrances. Parking lot entrances shall be landscaped minimally with
a combination of trees and shrubs. These areas may also be used for signage in
compliance with Section 6.2 of this By-law. No trees or shrubs shall be planted
in a way to obstruct sight lines of motorists. 4. Parking Aisles. The ends of parking aisles that are more than fifteen (15) spaces
in length shall incorporate landscape islands at either end of the row. Where the
length of parking aisles exceeds twenty-five (25) spaces, an intermediary
landscaped island shall be installed a regular intervals. This interval shall not be
more than every thirteen (13) spaces. |
Landscape islands used at the end of
parking aisles shall enclose. The width of landscaped islands at their ends shall
not be less than four (4) feet and not less than eight (8) feet at their midpoint. 5. Plant Selection. No tree, shrub or plant shall be proposed for use within a parking
area that has been identified as an Invasive Species by the Massachusetts Plant
Advisory Group in the latest version of The Evaluation of Non-Native Plant
Species for Invasiveness in Massachusetts (with annotated list), has been
identified as invasive or banned on the Massachusetts Prohibited Plant List as
periodically updated by the Massachusetts Department of Agricultural
Resources, or in any other reputable scientific publication that may be acceptable
to the Board. All size and location design elements shall comply with the
following specifications:
a. Shade or canopy trees shall be three (3) inches caliper with a height of not
less than twelve (12) feet above grade;
b. Small or minor shade trees shall be two and one-half (2.5) inches caliper
with a height of not less than nine (9) feet above grade;
c. Ornamental or flowering fruit trees shall be two (2) inches caliper with a
height of not less than seven (7) feet above grade;
d. Evergreen trees used for screening shall be not less than six (6) feet in
height above grade. Fencing may be used in conjunction with vegetated
screening [but chain link fence shall not be allowed];
6-5
e. Shrubs shall be not less than one and one-half (1.5) feet in height above
grade. f. Turf may be used but shall not be installed in strips less than six (6) feet
in width. g. Plantings shall be indigenous and drought resistant. Trees species should
be selected so as to minimize damage to trees by vehicles and to maintain
signage visibility. Trees listed on the Massachusetts Prohibited Plant List
shall not be used. 6.1.12 LID Parking Area Design Standards. |
The purpose of these standards is provide the Zoning
Enforcement Officer or the parties involved with Site Plan Review the opportunity to review plans for
a lower impact approach to managing stormwater in parking areas. The following information is
therefore required of an applicant choosing to treat any portion of a parking lot with LID stormwater
management techniques. This information shall be prepared by a Massachusetts Registered
Professional Engineer and shall comply with the design and implementation guidelines provided in the
latest version of the Massachusetts DEP Stormwater Management Manual. Where portions of the
parking lot are not using acceptable LID techniques, the standards for Conventional Parking Lot Design
herein shall apply. 1. Delineation of all drainage areas inclusive of areas outside of the parking
envelope that will contribute stormwater runoff to the parking area;
2. Proposed topography at two-foot contour intervals;
3. Site Plan showing drainage pathways and locations of proposed BMPs;
4. Typical profiles of BMPs;
5. Sizing calculations for BMPs that demonstrate adequate conveyance and/or
water quality treatment of the [first half inch of stormwater runoff from
impervious surfaces];
6. Sizing calculations for BMPs that illustrating proposed management of runoff
resulting from 2-year, 10-year, and 100-year event;
7. List of plantings associated with vegetated BMPs;
8. Location of areas reserved for snow storage;
9. Location of any screening between residential and non-residential properties. Buffer zones shall be a minimum of [six (6) feet] in width and shall
substantively screen the site from view through the use of evergreen
vegetation at least six feet in height. Fences may be used as part of screening
but shall not include chain link fences. |
These requirements shall not apply to
non-residential or mixed use development that are designed to integrate
existing or future neighboring residences into the site through the use of
walkways, bicycle paths or other pedestrian amenities. 10. Location of test pits, depth to seasonal high ground water and soil percolation
6-6
rates for those areas designated for recharge;
11. Schematic diagrams of any gray water or cistern systems proposed for the
parking area;
12. An Operation and Maintenance (O&M) Plan shall be submitted by the
applicant to the Zoning Enforcement Officer or the Planning & Zoning Board]
that conforms to the standards for O&M Plans detailed in the most recent
version of the Massachusetts DEP Stormwater Management Manual;
13. Plantings shall be indigenous and drought resistant. Trees species should be
selected so as to minimize damage to trees by vehicles and to maintain
signage visibility. Trees listed on the Massachusetts Prohibited Plant List
shall not be used. 6.1.13 Curb Cuts Onto Public Ways. Distances are to be measured along the property line. The
maximum distance for Residential, Residential I, and Business Neighborhood zones is 24 feet for each
opening; and for Business, Industrial, Eleemosynary and Municipal is 36 feet each opening. 6.1.14 Driveways. A driveway shall not be more than 24 feet in width at the throat in the Residential,
Residential I, and Business Neighborhood Zoning Districts, and shall not be more than 36 feet in width
at the throat in the Business, Industrial, Eleemosynary, and Municipal Zoning Districts. Each driveway
shall service no more than one lot. 6.1.15 Special Permit. The Planning & Zoning Board may, by special permit, reduce the requirements
of this Section if specific site or public safety considerations warrant such a reduction and no
substantial detriment shall result. 6.2 SIGNS
6.2.1 Purpose. The purpose of this Section is:
1. |
To promote the public safety and convenience of streets, highways, sidewalks
and other pedestrian spaces, and public and private property within public view;
2. To reduce distractions, hazards and obstructions from signage that will have an
adverse impact on vehicular safety;
3. To discourage excessive visual competition in signage;
4. To ensure that signage will adequately aid communication and orientation,
identify uses and activities, and express local history and character;
5. To preserve or enhance town character by requiring new and replacement signage
which is compatible with the surroundings, appropriate to the type of activity to
which it pertains, expressive of the identify of individual proprietors or of the
community as a whole, and appropriately sized in its content, and
6. To encourage the use of the Town’s Sign and Design Guidelines as a recourse to
assist in the development of appropriate commercial signage and building design. 6.2.2 Definitions. See Section 11.0. “Signs.”
6-7
6.2.3 Permitted Signs in Residence And Eleemosynary Districts. The following signs may be
erected or maintained in Residential Districts and Eleemosynary District provided such signs are in
compliance with all conditions set forth in this Section. The calculation of maximum number of signs
and maximum area of signs does not include directional signs. 1. All signs as permitted in Section 6.2.7;
2. One non-illuminated sign displaying the street number, or name of the occupant
of premises, or both, not exceeding four (4) square feet in area. Such signs may
be attached to a building or may be on a rod or post not more than six (6) feet
high and less than three (3) feet from the property lot line. Such sign may include
identification of an accessory studio or professional office in the dwelling or on
the premises, or may identify other permitted accessory uses, including allowed
home occupations. 3. |
One bulletin or announcement board or identification sign for a permitted
nonresidential building or use, not more than ten (10) square feet signboard area. For churches and institutions, membership clubs, funeral establishments,
hospital, other places of public assembly, community facilities or public utilities,
one bulletin or announcement board or identification sign is permitted on each
building. Each such sign shall be not more than twenty (20) feet signboard area. No such sign shall be located nearer a street than one-half the required front yard
depth. 4. Two subdivision identification signs per neighborhood, subdivision, or
development, not to exceed thirty-two (32) square feet each in sign area during
construction only. 5. On the premises with a lawfully nonconforming use, one sign not more than six
(6) square feet. 6. One "For Sale" or "For Rent" sign not more than six (6) square feet and
advertising only the premises on which the sign is located. It shall be set back
at least fifteen (15) feet from the property lot line. 7. No sign or advertising device shall be illuminated after 11:00 P.M.
6.2.4 Permitted Signs in Business and Industrial Districts. Signs are allowed as follows in Business
and Industrial Districts:
1. All signs permitted in the definition set forth in 11.0. and 6.2.7. 2. One freestanding sign per street frontage, up to a maximum of one hundred (100)
square feet for a single or double occupancy building. If three (3) or more
multiple tenants occupy a building maximum given sign may be increased to one
hundred fifty (150) square feet provided that all tenants occupying the building
be allocated sign space in proportion to the amount of building space they
occupy. Such signs may not exceed a height of thirty (30) feet. 3. One wall sign per occupancy up to a maximum of one hundred (100) square feet. 6-8
4. One under-canopy sign per occupancy, not to exceed twenty (20 square feet in
gross sign area. 5. |
Incidental signs, not to exceed twenty (20) square feet in aggregate sign area per
occupancy. 6. The top edge of a sign shall be placed not higher than the main roof of the highest
building located on the premises, or if no building exists, the average height of
the main roofs of the buildings on the next adjacent properties where buildings
do exist and not to exceed thirty (30) feet above ground or sidewalk. 6.2.5 Special Regulations and Allowances for Business and Industrial Districts. 1. Where a lot is on a corner or has more than one entrance way, each entrance
being a minimum of three hundred (300) feet apart, more than one free standing
sign is permitted. The total sign area of all free standing signs in no case can
exceed two (2) times that of a single free standing sign. The top edge of any
such free standing sign shall not be higher than thirty (30) feet vertical measure. 2. Free standing and under-canopy, awning and marquee signs shall have a setback
of fifteen (15) feet from any property lot line and a minimum clearance of fifteen
(15) feet over vehicular use area and ten (10) feet over any pedestrian use area. 3. Temporary signs and banners:
a. Erection of a temporary sign shall require a permit from the Building
Commissioner. The fee for each fourteen (14) day period shall be
determined by the Building Commissioner. No more than two (2) permits
shall be granted in one calendar year. b. Such sign shall be erected for no more than a period of fourteen (14) days,
two (2) times per year, for a total of twenty-eight (28) days per year. c. No temporary sign shall exceed thirty (30) square feet gross display area;
a double face sign shall be computed in determining gross display area. d. Such signs shall be securely attached to the premises or to an existing free
standing sign. e. Farm stands shall be permitted seasonal temporary signs not to exceed a
total of thirty (30) square feet gross display area for an annual fee of
$10.00. |
f. A-frame signs or trailer signs shall not be permitted. 6.2.6 Permitted Signs in Local Historic Districts. All signs in the Ames Local Historic District shall
be subject to review by the Easton Historical Commission prior to submission to the Easton Planning
& Zoning Board. 6.2.7 Signs Permitted in All Districts. The following signs are allowed in all districts:
1. All signs not requiring permits (see Section 6.2.12);
6-9
2. One construction sign for each street frontage of a construction project, not to
exceed six (6) square feet in sign area in residential zones of thirty-two (32)
square feet in sign area in all other zones. Such signs may be erected fifteen (15)
days prior to beginning of construction and shall be removed following
completion of construction. 3. One non-illuminated real estate sign per lot or premises, not to exceed six (6)
square feet in sign area. Signs used to advertise commercial property not to
exceed three (3) by five (5) feet. Signs must be removed following sale, rental
or lease. It shall be set back at least fifteen (15) feet from the property lot line. 4. Two attached nameplates per occupancy, not to exceed four (4) square feet in
sign area. 5. Directional/Information signs not to exceed six (6) feet in sign area or ten (10)
feet in height. 6.2.8 Signs Prohibited in All Districts. The following types of signs are prohibited in all districts:
1. Abandoned signs. 2. Any sign which by reason of its location, shape, size, or color; will interfere with
traffic signs, signals, or markings. 3. Signs imitating or resembling official traffic or government signs or signals. 4. Snipe signs or signs attached to trees, utility poles, streetlights, or placed on
public property or public right-of-way. 5. Flashing, animated or internally illuminated, including LED and neon, not
specifically allowed by the Planning & Zoning Board. 6. Portable signs. 7. Other signs specifically excluded by this By-law. 8. |
Signs attached to motor vehicles, trailers, or other movable objects regularly or
recurrently located for fixed display. 9. Changing image sign. 6.2.9 General Provisions. It shall hereafter be unlawful for any person to erect, place, or maintain a
sign in the Town of Easton except in accordance with the provisions of this Section. 1. Determination of Sign Area. Sign measurement shall be based upon the entire
area of the sign, with a single continuous perimeter enclosing the extreme limits
of the actual sign surface. For a sign painted on or applied to a building or
structure, the area shall be considered to include all lettering, wording and
accompanying designs or symbols together with any background of a different
color than the natural color or finish material of the building or structure. For a
sign consisting of individual letters or symbols attached to or painted on a
surface, building wall or window, the area shall be considered to be that of the
smallest rectangle, circle, oval or other simple straight-lined shape which
6-10
encompasses all of the letters and symbols. The area of supporting framework,
such as the brackets and posts, shall not be included in the area if such framework
is incidental to the display. When a sign has two (2) or more faces, the area of
all faces shall be included in determining the area, except where two (2) faces
are placed back to back and are at no point more than two (2) feet from each
other. In this case, the sign area shall be taken as the area of either face, and if
the faces are unequal, the larger shall determine the area. 2. Sign Height. No part of any sign or light illuminating a sign shall be at a height
in excess of the maximum height as specified in this Section with respect to the
height of the building or structure situated on the premises to which the sign
relates. |
No part of any freestanding sign or any light illuminating a sign shall be
higher than the highest point of any building or other structure on the premises
on which such sign is located or if a vacant lot, at a height of no more than ten
(10) feet above ground. 3. Sign Setbacks. Signs over one (1) square foot in area which are not temporary
signs shall be set back at least fifteen (15) feet from the street line. Temporary
signs in Nonresidential Districts shall be set back at least ten (10) feet from the
street line. 6.2.10 Illumination and Movement. 1. Illumination in Residential Zones. Illumination of a sign shall be by steady white
light which shall be properly shielded. Internally illuminated signs shall not be
permitted. 2. Illumination in Business and Industrial Zones. Illumination of a sign shall be by
steady white light which shall be properly shielded or by internal illumination of
only the lettering, wording or insignia within the sign. 3. Illumination in Local Historic Districts. Illumination of a sign shall be by steady
white light which shall be properly shielded as approved by the Easton Historical
Commission. 4. Movement Prohibited in All Districts. a. Flashing signs shall not be permitted in any District. b. Movement of a sign body or any segment thereof, such as rotating,
revolving, moving up or down or any other type of action involving a
change of position of a sign body or segment thereof, whether caused by
mechanical or other means, shall not be permitted in any District. c. No neon or external florescent lighting shall be permitted in any District. 6.2.11 Permits and Approvals. 1. Permits. Unless otherwise provided by this By-law, all signs shall require
permits and payment of fees. No permit is required for the maintenance of a sign
or for a change of copy on painted, printed, or changeable copy signs. 6-11
2. Approval. |
All applicants for sign permits, as required by this Section, in
Business and Industrial Districts shall submit plans and supporting materials to
the Planning & Zoning Board for approval. 6.2.12 Signs Not Requiring Permits. The following types of signs are exempted from permit
requirements, but must be in conformance with all other requirements of this By-law:
1. One construction sign of thirty-two (32) square feet or less. 2. Directional/Information signs of six (6) square feet or less. 3. Holiday or special event decorations and/or festoons. 4. Nameplates of six (6) square feet or less. 5. Political signs. 6. Public signs or notices, or any sign relating to an emergency. 7. Real estate signs. 8. Window signs. 9. Incidental signs. 6.2.13 Maintenance. All signs shall be maintained in a safe and neat condition to the satisfaction of
the Building Commissioner and in accordance with requirements of the State Building Code. Structural
damage, missing letters, or other deterioration obscuring content shall be remedied or the sign removed
within sixty (60) days. 6.2.14 Construction Specifications. All signs shall be constructed in accordance with all
requirements of the State Building Code and the National Electrical Code and Town of Easton By-
laws. 1. No sign shall be suspended by non-rigid attachments that will allow the sign to
swing in a wind. 2. All freestanding signs shall have self-supporting structures erected on or
permanently attached to concrete foundations. 3. Applicants shall refer to the Town of Easton Sign and Design Guidelines adopted
by the Planning & Zoning Board in its rules and regulations for additional
guidance in building and signage design. 6.2.15 Nonconforming Signs. Existing signs which do not conform to the specific provisions of this
By-law may be eligible for designation as "lawfully nonconforming." A nonconforming sign is subject
to all requirements this code regarding safety, maintenance, and repair. A nonconforming sign may
remain in place provided that:
1. |
The Building Commissioner determines that such signs are properly maintained
and do not in any way endanger the public. 2. The sign was properly covered by a valid permit or variance or complied with
all applicable laws on the date of adoption of this By-law. 6-12
3. Sign, or signs, were constructed or present prior to zoning. 6.2.16 Loss of Nonconforming Status. A lawfully nonconforming sign may lose this designation if:
1. The sign is relocated. 2. The structure or size of the sign is altered in any way except towards compliance
with the By-law. This does not refer to change of copy of normal maintenance. 6.2.17 Special Permit. The Planning & Zoning Board may grant a special permit for on-premises
larger signs or additional on-premises signs, provided that no substantial detriment shall result to the
neighborhood or the Town. 6.3 PERFORMANCE STANDARDS
6.3.1 Procedures; Rules and Regulations. The following performance standards shall apply in all
districts. 6.3.2 Noise. 1. Hours of Operation. As a condition of any special permit or site plan approval,
the Planning & Zoning Board or the Zoning Board of Appeals, as may be
applicable, may incorporate the following conditions regarding hours of
operation:
a. The loading, unloading, opening, closing or other handling of boxes,
crates, containers, building materials, garbage cans, or other objects or
materials for sale or storage or use in a manner that causes a condition of
noise pollution at any time but most specifically between the hours of 8:00
P.M. and 7:00 A.M. across a real property boundary in any district
established under this By-law. b. Operating or permitting the operation of tools or equipment used in
construction, drilling or demolition work between the hours of 8:00 P.M.
and 7:00 A.M. Monday through Saturday, or at any time on Sundays or
Holidays so that the sound creates a condition of noise pollution across a
real property boundary. |
c. The operation of construction devices between the hours of 7:00 A.M. and
8:00 P.M. including such items as compressors, jackhammers, bulldozers,
cranes, etc., in a manner that causes a condition of noise pollution that
could be avoided by the application of best available technology, which
might include mufflers where commercially available. 2. Ambient Noise Level. No person shall operate or cause to be operated any source
of sound in a manner that creates a sound level which exceeds 10 dBA above
ambient when measured at the property boundary of the receiving land use, as
set forth in 310 CMR 7.10; provided, however, that emergency generators
operating during a power outage shall be exempt. 6.3.3 Stormwater Management. All development shall comply with Section 8 of the Planning &
6-13
Zoning Board’s Subdivision Rules and Regulations. 6.3.4 Prohibited Activities. Prohibited activities are as follows:
1. Illicit Discharges. No person shall dump, discharge, cause or allow to be
discharged any pollutant or non-stormwater discharge into the storm water
drainage system, into a watercourse, or into the waters of the United States
and/or Commonwealth. 2. Illicit Connections. No person shall construct, use, allow, maintain or continue
any connection to the municipal drainage system, without the written approval
of the Board of Selectmen. 3. Obstruction of Municipal Storm Drains. No person shall obstruct or interfere
with the normal flow of stormwater into or out of the municipal storm drainage
system. 6.3.5 NPDES. No person shall excavate, cut, grade, or perform any land disturbing activities greater
than one acre without a National Pollution Discharge Elimination System (NPDES) permit from the
Environmental Protection Agency which shall include an Erosion and Sediment Control Plan approved
by the Board. The Erosion and Sediment Control Plan shall be prepared by a Registered Professional
Engineer and include but not necessarily limited to the following:
1. |
Name, address and telephone number of Owner, Civil Engineer, and person
responsible for the implementation of the plan;
2. All existing and proposed stormwater utilities, including structures, pipes,
swales, and detention/retention basins;
3. Erosion and sediment control provisions to minimize on-site erosion and prevent
off-site sediment transport, including provisions to preserve top soil and its
limits of disturbance;
4. Design details for both temporary and permanent erosion control structures;
5. A sequence of construction of the development site, including stripping and
clearing; rough grading; construction of utilities; infrastructure, and buildings;
and final grading and landscaping. Sequencing shall identify the expected date
on which clearing will begin, the estimated duration of exposure of cleared areas,
areas of clearing, and establishment of permanent vegetation;
6. Any additional information and/or data which as deemed appropriate to ensure
compliance with the Subdivision Rules and Regulations, site plan requirements,
or the preservation of public health and safety. 6.3.6 Nuisances. Any use permitted by right or special permit in any District shall not be conducted
in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion,
radioactive or other hazard; noise or vibration, smoke, dust, odor or other form of environmental
pollution; electrical or other disturbance; liquid or solid refuse or wastes; conditions conducive to the
breeding of insects, rodents, or other substance, conditions or element in an amount as to affect
adversely the surrounding environment. The following standards shall apply:
6-14
1. Emissions. Emissions shall be completely and effectively confined within the
building, or so regulated as to prevent any nuisance, hazard, or other disturbance
from being perceptible (without the use of instruments) at any lot line of the
premises on which the use is located. 2. Flammables and Explosives. |
All activities and all storage of flammable and
explosive materials at any point, shall be provided with adequate safety devices
against fire and explosion and adequate fire-fighting and fire-suppression
devices and equipment. 3. Emissions. No activities that emit dangerous radioactivity at any point, and no
electrical disturbance adversely affecting the operation at any point, of any
equipment, other than that of the creator of such disturbance, shall be permitted. No emission which can cause any damage to health of animals or vegetation or
which can cause excessive soiling, at any point, and in no event any emission of
any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot
of conveying gas or air shall be permitted. 4. Smoke. No emission of visible smoke of a shade darker than No. 1 on the
Ringlemann Smoke Chart as published by the U.S. Bureau of Mines shall be
permitted. 5. Discharge. No discharge, at any point, into a private sewage system, stream,
and ground of any material in such a way, or of such a nature or temperature as
can contaminate any running stream, water supply or otherwise cause the
emission of dangerous or objectionable elements and accumulation of wastes
conducive to the breeding of rodents or insects shall be permitted. 6. Vibration. No vibration which is discernible to the human sense of feeling for
three minutes or more in any hour between 7:00 a.m. and 7:00 p.m. or for 30
seconds or more in any one hour between 7:00 p.m. and 7:00 a.m. shall be
permitted. No vibration at any time shall produce an acceleration of more than
0.1 gram, or shall result in any combination of amplitudes and frequencies
beyond the 'safe' range of Table 7, U.S. Bureau of Mines Bulletin No. 442. 7. Odor. Any process which may involve the creation and/or emission of any odors
shall be provided with a secondary safeguard system. |
No objectionable odor
greater than that caused by 0.001202 per thousand cubic feet of hydrogen sulfide
or any "odor threshold" as defined in Table III in Chapter 5 of Air Pollution
Abatement Manual, copyright 1951, by manufacturing Chemists Association,
Inc., of Washington, D.C. shall be permitted. 6.3.7 Exemptions. The following are exempt from these standards:
1. Emergency Response. Emergency responses performed by a private entity or a
public agency and fire or burglar alarms. 2. Municipal Uses and Structures. All municipal uses and structures, including
schools. 6-15
3. Events. Parades, fairs or outdoor entertainment between the hours of 7:00 A.M.
and 11:00 P.M. only provided that a permit for such activity has been granted by
the Board of Selectmen and that said permit is for not more than ten (10) days. 4. Religious Services. Religious services conducted by an organization which
qualifies under the laws of the Commonwealth as a tax-exempt religious group. 6.3.8 Waiver of Standards. The Planning & Zoning Board or the ZBA may, in the course of granting
a special permit or site plan approval for nonresidential development, waive any of these performance
standards where such waiver is not inconsistent with public health and safety. 6.3.9 Enforcement. In issuing a special permit or site plan approval, the issuing authority may ensure
compliance with these performance standards at the application stage by requiring evidence of probable
compliance, whether by example of similar facilities or by engineering analysis, verified by technical
peer review. In addition, the issuing authority may require a monitoring program post-permit issuance
for compliance purposes for a time period as may be specified in the special permit or site plan
approval. Otherwise, enforcement shall be by the Building Commissioner. 6-16
SECTION 7.0 SPECIAL REGULATIONS
7.1 ADULT ENTERTAINMENT ESTABLISHMENTS. 7.1.1 Purpose. |
It is the purpose of this Section governing Adult Entertainment Establishments to
address and mitigate the secondary effects of Adult Entertainment Establishments and sexually oriented
businesses that are referenced and defined herein. Secondary effects have been shown to include
increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town,
adverse impacts on the property values of residential and commercial properties, and adverse impacts
on the quality of life in the Town. All of said secondary impacts are adverse to the health, safety and
general welfare of the Town and its inhabitants. 1. The provisions of this By-Law have neither the purpose nor intent of imposing a
limitation on the content of any communicative matter or materials, including
sexually oriented matter or materials. Similarly, it is not the purpose or intent of
this By-Law to restrict or deny access by adults to Adult Entertainment
Establishments or to sexually oriented matter or materials that are protected by
the Constitution of the United States of America or of the Commonwealth of
Massachusetts, nor to restrict or deny rights that distributors or exhibitors of
such matter or materials may have to sell, rent, distribute or exhibit such matter
or materials. Neither is it the purpose or intent of this By-Law to legalize the
sale, rental, distribution or exhibition of obscene or other illegal matter or
materials. 7.1.2 Authority. This By-Law is enacted pursuant to G.L. Chapter 40A and pursuant to the
Massachusetts Constitution to serve the compelling Town interests of limiting the location of and
preventing the clustering and concentration of certain Adult Entertainment Establishments for the
reasons set forth, above. 7.1.3 Applicability. |
An Adult Entertainment Establishment may be permitted as set forth in the Table
of Use Regulations by special permit by the Board of Appeals provided a written determination is
issued by said board that the special permit decision criteria of Section 10.5 have been met. 7.1.4 Location. Adult Entertainment Establishments may not be located less than 750 (seven hundred
fifty) feet from:
1. Each other;
2. Residential uses;
3. Public or private nursery schools;
4. Public or private day care centers;
5. Public or private kindergartens;
6. Public or private elementary schools;
7. Public or private secondary schools;
8. Playgrounds; and
9. Churches. 7-1
7.1.5 Conditions. 1. In no instance shall the Board of Appeals issue a special permit to any person
convicted or violating G.L. c. 119, s. 63 or G.L. c. 272, s. 28. 2. No pictures, publications, electronic media, or other implements, items, or
advertising that fall within the definition of adult merchandise shall be displayed
in store windows or be visible from areas used by the general public. 7.2 COMMON DRIVEWAYS. 7.2.1 General. Common driveways providing actual access to not more than three (3) lots may be
allowed by special permit by the Planning & Zoning Board. 7.2.2 Design Standards and Criteria. A common driveway must satisfy all of the following
conditions:
1. The distance of the common driveway measured from the street line to the point
where any principal building is proposed shall not exceed a distance of five
hundred (500) feet, unless the Planning & Zoning Board makes a determination
that said driveway will provide safe and reasonable access for fire, police and
emergency vehicles. 2. The common driveway shall be located entirely within the boundaries of the lots
to which the driveway provides access, and shall be separated from any other
lots to which access is not being provided by an appropriately landscaped buffer
area at least twenty (20) feet in width. 3. |
The centerline intersection of the common driveway with the street centerline
shall not be less than 45 degrees. 4. A minimum cleared width of 18 feet, and a minimum travel way of 12 feet, shall
be maintained over the entire length of the common driveway. 5. A roadway surface of a minimum of 4 inches of graded gravel, placed over a
properly prepared base, graded and compacted to drain from the crown shall be
installed. Where the property rises in elevation from the street, the driveway
shall be paved from the street to the first high point (break in grade) in order to
prevent erosion toward the street, except where such paving is prohibited by
other Town bylaws. 6. The grade of each common driveway where it intersects with the public way shall
not exceed eight percent (8%) for a distance of 20 feet from the travel surface of
the public way unless the Planning & Zoning Board shall grant a special permit
after a determination that said driveway will provide safe and reasonable access
for fire, police and emergency vehicles. 7. The common driveway shall not disrupt existing drainage patterns. A grading
and sloping plan, showing existing and proposed conditions, shall b e submitted
with the special permit application to demonstrate compliance with this
requirement. 7-2
8. Proposed documents shall be submitted to the Planning & Zoning Board
demonstrating that, through easements, restrictive covenants, or other
appropriate legal devices, the maintenance (including snow removal), repair and
liability for the common driveway and all public utilities shall remain perpetually
the responsibility of the private parties or their successors in interest. 9. The common driveway shall never be used to satisfy frontage requirements. 7.2.3 Plan Requirement. An application for a common driveway shall include a plan showing the
driveway serving the premises, and existing and proposed topography at 2-foot contour intervals. |
This
information may be shown on a site plan, an Approval Not Required Plan, or any other plan of the lots
to which access is to be provided by the common driveway. 7.2.4 SPGA. The Planning & Zoning Board is the Special Permit Granting Authority (SPGA) for this
By-Law. 7.3 COMMUNICATIONS TOWER AND WIRELESS COMMUNICATIONS FACILITY. 7.3.1 Purpose, Applicability and Use. The purpose of this Section is to establish appropriate siting
criteria and standards for communications towers and facilities including, but not limited to radio,
television, cellular, and digital communications in order to minimize adverse visual impacts and
maintain the residential and historic character of the Town, and preserve scenic views to and from the
Town’s roadways. This Section is intended to establish reasonable regulations while allowing adequate
service to residents, the traveling public and others within the Town and to accommodate the need for
the minimum possible number of such facilities within the Town. The requirements of this Section
shall apply to all communications towers and wireless communication facilities that require a special
permit in accordance with Section 10.5 of this By-law, excluding in-kind or smaller replacement of
existing equipment. 7.3.2 Required Performance Standards. 1. Any tower shall be set back from property lines a distance at least equal to the
height of the tower. 2. No towers may be constructed within areas subject to protection under the
Wetland By Law (Article 29, Town of Easton By Law and G.L. c. 131, § 40). 3. Any tower shall be at least five hundred feet (500’) from any existing building. 4. Accessory structures housing support equipment for towers shall not exceed 400
square feet in size and fifteen feet (15’) in height and shall be screened from
view. 5. Clearing of natural vegetation should be limited to that which is necessary for
the construction, operation and maintenance of the tower. 6. |
Night lighting shall be prohibited unless required by Federal authorities and shall
be the minimum necessary. 7. One tower shall be permitted per lot. 8. No tower shall be more than one hundred fifty feet (150’) above the natural
grade. 7-3
9. Shared use of tower and co-location of communications devices is encouraged. All towers constructed as principal uses shall be designed to accommodate the
maximum number of communications facilities possible. 10. Wherever feasible, wireless communication facilities shall be located on existing
towers or other nonresidential structures, minimizing construction of new
towers. 11. Wireless communication facilities placed on existing buildings shall be
camouflaged or screened and designed to be harmonious and architecturally
compatible with the building. No facility shall project more than five feet (5’)
above the existing roofline of the building. Any equipment associated with the
facility shall be located within the building. 12. Towers and facilities shall be painted a neutral, non-reflective color designed to
blend with the surrounding environment. 13. A facility shall not be erected nearer to a residential lot line than five hundred
feet (500’). 14. There shall be no signs, except for announcement signs, no trespassing signs and
a required sign giving a phone number where the owner can be reached on a
twenty-four hour basis. All signs shall conform with
15. Satellite dishes and/or antenna shall be situated on a structure in such a manner
that they are screened, preferably not being visible from abutting streets. Free
standing dishes or antenna 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. 16. All equipment shall be colored, molded and/or installed to blend into the
structure and/or the landscape. 17. |
Antennas or dishes located on a structure shall not exceed ten feet (10’) in height
above the level of its attachment to the structure. 18. No structure shall extend in a horizontal distance from the centerline of the tower
more than twenty-five feet (25’) without approval of the Special Permit Granting
Authority. Such extension has to conform to the same set back requirements as
the tower itself. Setbacks are the furthest extension of the tower. 19. At its discretion, the Special Permit Granting Authority may require the applicant
to simulate at the proposed location through the use of some device at the specific
location. 7.3.3 Administrative Procedures. Site plan approval and a Special Permit shall be granted by the
Board of Appeals in accordance Sections 10.5 and 10.6. The Board of Appeals shall adopt rules relative
to the issuance of special permits, including application fees, and file a copy with the Town Clerk. 7.3.4 Criteria for Review and Approval. The SPGA shall review all applications for communication
towers and, in addition to the criteria set forth in Section 10.5.2, shall find:
7-4
1. that the location of the tower or device is suitable and that the size, height, and
design is the minimum necessary for that purpose;
2. that the proposed tower or devices will not adversely impact historic structures
or scenic views;
3. that there are no feasible alternatives to the location of the proposed tower or
devices (including co-location) that would minimize their impact;
4. that the proposed tower or device is in compliance with federal and state
requirements regarding aviation safety. 7.3.5 Lapse. The special Permit is granted for a period of two (2) years and shall lapse if substantial
use or construction has not commenced by such a date, except for good cause shown. And provided
further that such construction, once begun, shall be actively and continuously pursued to completion
within a reasonable time. |
Any extension, addition of cells or construction of new or replacement towers
shall be subject to an amendment of the special permit following the same procedure as for an original
grant of a special permit. 7.4 PLANNED BUSINESS DEVELOPMENT
7.4.1 General. For planned business development of land subject to maximum building coverage more
than the maximum permitted in the Table of Density and Dimensional Regulations and less than the
parking requirements contained in the Table of Off-Street Parking Regulations, the following
conditions shall apply:
1. A Planned Business Development shall be allowed only upon the grant of a
special permit from the Planning & Zoning Board. 2. The tract shall be in single or consolidated ownership at the time of application
and shall be at least two acres in size with 100 feet of frontage, except as may
be reduced by the Planning & Zoning Board, in the grant of any special permit. 3. Uses shall be contained in one continuous building except that groupings of
buildings may be allowed by the Planning & Zoning Board where such groupings
are consistent with the safety of the users of the development and are further
consistent with the overall intent of this Section. 4. The gross floor area of buildings shall not exceed 50% of the total area. 5. The development shall be served by one common parking area and by common
exit and entrance areas except that the Planning & Zoning Board may allow
segmented parking areas. 6. The development shall be served by a public water system. 7. Roadway and utility construction shall conform to the Town of Easton Planning
& Zoning Board Subdivision Rules and Regulations except as may be modified
or may be waived by the Planning & Zoning Board. 8. Plan depicting exterior building elevations, parking layout, access points and site
utilities shall be submitted to the Planning & Zoning Board on properly scaled
plans prepared by a Professional Engineer. 7-5
7.5 PLANNED INDUSTRIAL DEVELOPMENT. 7.5.1 General. |
For the planned industrial development of land within an Industrial District for
manufacturing or service industrial purposes subject to area regulations less than the minimum required
in Table of Density and Dimensional Regulations, the following shall apply:
1. A Planned Industrial Development shall be allowed only upon the grant of a
special permit from the Planning & Zoning Board. 2. The tract in single or consolidated ownership at the time of application shall be
at least two acres in size with 100 feet of frontage. Where the site plan constitutes
a subdivision, it shall also require approval by the Planning & Zoning Board
under the Subdivision Rules and Regulations of the Town of Easton, MA, latest
edition. 3. Individual lot sizes shall not be reduced more than 20 percent below that
normally required for manufacturing or service industrial purposes in the
District. 4. The total number of establishments in the development shall not exceed the
number of establishments, which could be developed under normal application
requirements of the District. 5. The permitted uses shall be limited to manufacturing or service industrial uses
with the total use completely within the building. 6. The development shall be served by a public water system. 7. At least 25 percent of the total tract area (of which at least 25 percent shall not
be wetlands or over 5 percent slope land) shall be set aside as common land and
shall be either deeded to the Town or be conveyed to a nonprofit organization,
the principal purpose of which is the conservation of open space, or be conveyed
to a corporation or trust owned or to be owned by the owners of lots or residential
units within the land and covenanted with the Town to be maintained as
permanent “open space.” If such a corporation or trust is utilized, ownership
thereof shall pass with conveyances of the lots or residential units. |
In any case
where such land is not conveyed to the Town, that such land shall be kept in an
open or natural state and not be built upon. Determination of open space shall be
made by the Planning & Zoning Board. 8. Such common land shall be restricted to open space, recreation, or conservation
area and shall have suitable access as determined by the Planning & Zoning
Board. 9. Such common land shall not be used for the purposes of disposing of debris,
building material or the like. The applicant and/or owner shall take adequate
measures, as satisfactory condition exists in the interest of public health, safety
and welfare of the public. 7.6 HOTELS AND MOTELS. 7.6.1 Conditions. For any building or buildings intended for use as a hotel or motel to be constructed,
7-6
the following conditions shall apply:
1. Screening and buffers shall be required along the side lot lines. This strip shall
be at least 20 feet in width; it shall contain a screen of trees and shrubs at the
time of occupancy of such lot and shall be maintained by the owners. A solid
wall or fence, not to exceed six feet in height, complemented by suitable
plantings, may be substituted for such landscape buffer strip. The strip may be
part of the yard area. 2. Each rental unit shall contain not less than two hundred (200) square feet of
habitable floor area. 3. The site shall be provided with not more than two motor vehicle driveways for
each abutting street that shall intersect the abutting street or streets at ninety
degrees. 7-7
SECTION 8.0 SPECIAL RESIDENTIAL REGULATIONS
8.1 FLEXIBLE DEVELOPMENT. 8.1.1 Purpose. |
The purpose of this section, Flexible Development, is to:
1. promote more sensitive siting of buildings and better overall site planning;
2. encourage the preservation of open land for its scenic beauty and to enhance
agricultural, open space, forestry, and recreational use;
3. preserve historical and archeological resources; to protect the natural
environment, including the Town’s varied landscapes and water resources;
4. protect the value of real property;
5. perpetuate the appearance of the Town's traditional New England landscape;
6. facilitate the construction, operation and maintenance of streets, utilities, and
public services in a more economical and efficient manner;
7. offer an alternative to standard subdivision development; and
8. promote the development of housing affordable to low and moderate income
households. 8.1.2 Definitions. See Section 11, definition of "Flexible Development." 8.1 3 Applicability. In accordance with the following provisions, a Flexible Development project
may be created, whether a subdivision or not, from any parcel or set of contiguous parcels with more
than five (5) acres held in common ownership and located entirely within the Town. 8.1.4 Procedures. Flexible Development may be authorized upon the issuance of a special permit by
the Planning & Zoning Board (PZB). See the PZB’s Rules and Regulations for specific application
and procedural requirements. Applicants for Flexible Development shall file with the PZB the
following:
1. A development plan conforming to the requirements for a preliminary plan as set
forth in the Subdivision Rules and Regulations of the PZB. 2. Where wetland delineation is in doubt or dispute, the PZB may require
appropriate documentation. 3. Data on proposed wastewater disposal, which shall be referred to a consulting
engineer for review and recommendation. 4. |
The PZB may also require as part of the development plan any additional
information necessary to make the determinations and assessments cited herein,
including proposed deed restrictions and condominium documents. 8.1.5 Design Process. Each development plan shall follow the design process outlined below. When
the development plan is submitted, applicants shall be prepared to demonstrate to the Planning &
Zoning Board that this Design Process was considered in determining the layout of proposed streets,
houselots, and contiguous open space. 8-1
1. Understanding the Site. The first step is to inventory existing site features,
taking care to identify sensitive and noteworthy natural, scenic and cultural
resources on the site, and to determine the connection of these important features
to each other. 2. Evaluating Site Context. The second step is to evaluate the site in its larger
context by identifying physical (e.g., stream corridors, wetlands), transportation
(e.g., road and bicycle networks), and cultural (e.g., recreational opportunities)
connections to surrounding land uses and activities. 3. Designating the Contiguous Open Space. The third step is to identify the
contiguous open space to be preserved on the site. Such open space should
include the most sensitive and noteworthy resources of the site, and, where
appropriate, areas that serve to extend neighborhood open space networks. 4. Location of Development Areas. The fourth step is to locate building sites,
streets, parking areas, paths and other built features of the development. The
design should include a delineation of private yards, public streets and other
areas, and shared amenities, so as to reflect an integrated community, with
emphasis on consistency with
5. Lot Lines. The final step is simply to draw in the lot lines (if applicable). 8.1.6 Modification of Lot Requirements. |
The PZB encourages applicants for Flexible Development
to modify lot size, shape, and other dimensional requirements for lots within a Flexible Development,
subject to the following limitations:
1. Lots having reduced area or frontage shall not have frontage on a street other
than a street created by the Flexible Development; provided, however, that the
PZB may waive this requirement where it is determined that such reduced lot(s)
are consistent with existing development patterns in the neighborhood. 2. Side and rear yards shall be at least ten (10) feet, except as otherwise provided
in this Section. 8.1.7 Basic Maximum Number of Dwelling Units. The Basic Maximum Number of dwelling units
allowed in a Flexible Development shall not exceed the number of lots which could reasonably be
expected to be developed upon the site under a conventional plan in full conformance with all zoning,
subdivision regulations, health regulations, wetlands regulations and other applicable requirements. The proponent shall have the burden of proof with regard to the design and engineering specifications
for such conventional plan. 8.1.8 Density Bonus. The PZB may award a density bonus to increase the Basic Maximum Number of
Dwelling Units in accordance with the following:
1. Transfer Lot. For each transfer lot, as defined in Section 11.0, up to two dwelling
units may be added as a density bonus; provided, however, that this density bonus
shall not exceed 20% of the Basic Maximum Number of Dwelling Units. 2. Additional Open Space. For an increase in the amount of required contiguous
open space of more than 15%, up to two dwelling units may be added as a density
8-2
bonus; provided, however, that this density bonus shall not exceed 10% of the
Basic Maximum Number of Dwelling Units. 3. Cap. Any award of a Density Bonus shall not increase the number of dwelling
units by more than 30% of the Basic Maximum Number. 8.1.9 Affordable Component. |
As a condition of the grant of any special permit for a Flexible
Development, a minimum of ten (10%) of the Basic Maximum Number of Dwelling Units (without
inclusion of any density bonus) shall be restricted in perpetuity or for the longest period allowed by
law. The affordable dwelling units shall be added onto the Basic Maximum Number of dwelling units,
not subtracted from it. Any calculation resulting in a fractional unit of more than 0.4, shall be rounded
up. 1. The restriction shall be approved as to form by legal counsel to the PZB, and a
right of first refusal upon the transfer of such restricted units shall be granted to
the local Housing Authority for a period not less than 120 days after notice
thereof. 8.1.10 Types of Buildings. The Flexible Development shall consist exclusively of single-family
and/or two-family residential structures. 8.1.11 Association Required. The applicant shall provide to the PZB for its approval association
documents to provide for the maintenance of the roads, stormwater management facilities, and any
common areas in the Flexible Development. 8.1.12 Roads. The principal roadway(s) serving the site shall be designed to conform with the
standards of the Planning & Zoning Board’s Subdivision Rules and Regulations and shall be maintained
by an association of unit owners or by the Applicant. 8.1.13 Parking. Each dwelling unit shall be served by two (2) off-street parking spaces, unless this
requirement is reduced by the PZB. Parking spaces in front of garages may count in this computation. 8.1.14 Contiguous Open Space. A minimum of twenty (20%) percent of the parcel shown on the
development plan shall be contiguous open space. |
Any proposed contiguous open space, unless
conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction
enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it
shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and
that it shall be maintained in a manner which will ensure its suitability for its intended purposes. 1. The percentage of the contiguous open space which is wetlands shall not
normally exceed the percentage of the tract which is wetlands or ledge; provided,
however, that the applicant may include a greater percentage of wetlands in such
open space upon a demonstration that such inclusion promotes the purposes set
forth in Section 1, above. In no case shall the percentage of contiguous open
space which is wetlands exceed fifty (50%) of the tract. 2. The contiguous open space shall be used for conservation, historic preservation
and education, outdoor education, recreation, park purposes, agriculture,
horticulture, forestry, or for a combination of these uses, and shall be served by
suitable access for such purposes. 8-3
3. The contiguous open space shall remain unbuilt upon, provided that the PZB may
permit up to twenty (20%) percent of such open space to be paved or built upon
for structures accessory to the dedicated use or uses of such open space,
pedestrian walks, and bikepaths. 4. Underground utilities to serve the Flexible Development site may be located
within the contiguous open space. 8.1.15 Ownership of the Contiguous Open Space. The contiguous open space shall, at the PZB’s
election, be conveyed to:
1. the Town or its Conservation Commission;
2. a nonprofit organization, the principal purpose of which is the conservation of
open space and any of the purposes for such open space set forth above;
3. a corporation or trust owned jointly or in common by the owners of lots within
the Flexible Development. |
If such corporation or trust is utilized, ownership
thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such
open space and facilities shall be permanently guaranteed by such corporation or
trust which shall provide for mandatory assessments for maintenance expenses
to each lot. Each such trust or corporation shall be deemed to have assented to
allow the Town to perform maintenance of such open space and facilities, if the
trust or corporation fails to provide adequate maintenance, and shall grant the
town an easement for this purpose. In such event, the town shall first provide
fourteen (14) days written notice to the trust or corporation as to the inadequate
maintenance, and, if the trust or corporation fails to complete such maintenance,
the town may perform it. Each individual deed, and the deed or trust or articles
of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Planning
& Zoning Board for approval, and shall thereafter be recorded. 8.1.16 Buffer Areas. A buffer area of twenty five (25) feet shall be provided at the perimeter of the
property where it abuts residentially zoned or occupied properties, except for driveways necessary for
access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed
or removed, except for normal maintenance. The PZB may waive the buffer requirement (i) where the
land abutting the site is the subject of a permanent restriction for conservation or recreation or the
Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein. 8.1.17 Stormwater Management. Stormwater management shall be consistent with the requirements
for subdivisions set forth in the Rules and Regulations of the Planning & Zoning Board. 8.1.18 Former OSRD. |
Any dwelling located in an Open Space Residential Development may be
altered pursuant to the procedures set forth in Section 5.5. 8.1.19 Decision. The PZB may approve, approve with conditions, or deny an application for a Flexible
Development after determining whether the Flexible Development better promotes the purposes of
Section 8.1.1 of this Flexible Development By-Law than would a conventional subdivision
development of the same locus. 8.1.20 Relation to Other Requirements. The submittals and permits of this section shall be in
8-4
addition to any other requirements of the Subdivision Control Law or any other provisions of this By-
Law. 8.2 ASSISTED LIVING RESIDENCE. 8.2.1 Definition. An Assisted Living Residence is a residential facility occupied primarily by persons
55 years of age and older including their spouses or surviving spouses, and including rooms occupied
by resident staff personnel, all as licensed under G.L. c. 19D. An Assisted Living Residence (ALR)
may include the full range of nursing care from total to only partial assistance, and may provide shared
food preparation services, limited residential unit food preparation areas, and common recreational,
laundry, social, medical and service facilities for the exclusive use of residents of the ALR. 8.2.2 Special Permit Required. An ALR may be allowed by special permit from the Planning &
Zoning Board if the following conditions are met. 8.2.3 Conditions. The following conditions apply to any ALR:
1. The architecture and scale of the proposal shall be consistent with the character
of the neighborhood. 2. Public or private roads which lead to the property shall be of adequate design,
width, and condition to handle proposed traffic. 3. Proposed traffic shall not severely change the character of the neighborhood. 4. The Board of Health shall confirm that the ALR can be accommodated with
respect to onsite water, onsite septic disposal or sewer, and any other standards
of the Board of Health. 5. |
Parking areas shall be screened from adjacent streets and properties, and shall
have landscaped areas within the parking area to reduce the impact of large paved
areas. 6. Signs shall be limited to one identification sign no more than 6 square feet in
area except for traffic/parking/pedestrian regulation signs as required by the
Planning & Zoning Board. A second identification sign may be allowed if the
Planning & Zoning Board determines it is needed. 7. All lighting units shall be located no higher than 14 feet, with lights shielded to
direct light downward. Lighting shall not cause glare onto abutting properties. 8.2.4 Accessory Adult Day Care. The Planning & Zoning Board may allow adult social day care as
an accessory use, and may place limits on the number of persons served by such facility and its hours
of operation. 8.2.5 Density. The maximum number of residential units or beds allowed on a site shall be determined
by the Planning & Zoning Board based on such factors as, but not limited to, impact on the
neighborhood, affordability for residents, quality of life, and provision for adequate open space,
recreational facilities, parking, landscaping, and buffers. 8.3 BED AND BREAKFAST ESTABLISHMENTS. 8.3.1 Standards. A bed and breakfast with up to three guest rooms is allowed subject to site plan
approval. A bed and breakfast with from four to ten guest rooms is allowed by special permit from the
8-5
Planning & Zoning Board. Both are subject to the following conditions:
1. Parking must be off street, on premises, with one (1) space per room rented and
one (1) per owner. 2. No other uses except for customary home occupation permitted on the property. 3. No additions or external modifications may be made to the property for lodging
use. 4. Certificate of occupancy required subject to annual inspection. 8.4 MULTIFAMILY DWELLINGS. 8.4.1 Conditions. For any building intended for three or more dwelling units to be constructed, the
following conditions shall apply:
1. |
Maximum number of bedrooms per 60,000 square-foot lot: 3 bedrooms. The
maximum number of bedrooms per dwelling unit shall not exceed 3. 2. In the case of lots in excess of 60,000 square feet in area, the requirements shall
be the same as set forth herewith with the exception that 20,000 square feet of
land shall be required for each single bedroom dwelling unit and 20,000 square
feet of land shall be required for each additional single bedroom. However, in no
case shall the maximum number of bedrooms in any building exceed 10
bedrooms. 3. Each dwelling unit shall have two separate exits. 4. Inner courts shall not be permitted. 5. There shall be a paved driveway a maximum length of 200 feet from the front lot
line, paved walk, unobstructed way or any combination thereof, adequate to
accommodate fire apparatus within forty feet of the building. 6. Automobile parking spaces shall be required within the lot area. There shall be
paved parking spaces for automobiles that shall not be less than 1.75 automobile
spaces for each dwelling unit and reasonably accessible. Such parking spaces
shall not be within 15 feet of any lot line. All parking facilities so provided are
to be for the exclusive use of residents of the property or their guests. 7. Screening and buffers shall be required along the side lot lines. This strip shall
be at least 20 feet in width; it shall contain a screen of trees and shrubs at the
time of occupancy of such lot and shall be maintained by the owners. A solid
wall or fence not to exceed six feet in height, complemented by suitable
plantings, may be substituted for such landscape buffer strip. The strip may be
part of the yard area. 8. No apartment dwelling units shall be allowed in a basement story. 8.4.2 Reduction of Parking Requirement. |
Notwithstanding anything to the contrary herein, any
minimum required amount of parking may be reduced through issuance of a special permit, upon a
demonstration to the reasonable satisfaction of the Planning & Zoning Board that the lesser amount of
parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking
8-6
will provide positive environmental or other benefits, taking into consideration:
1. The availability of surplus off street or on street parking in the vicinity of the
use being served and/or the proximity of a bus station or major transportation
route;
2. The availability of public or commercial parking facilities in the vicinity of the
use being served;
3. Shared use of off street parking spaces serving other uses having peak user
demands at different times;
4. Age or other occupancy restrictions which are likely to result in a lower level of
auto usage;
5. Impact of the parking requirement on the physical environment of the affected
lot or the adjacent lots including reduction in green space, destruction of
significant existing trees and other vegetation, destruction of existing dwelling
units, or loss of pedestrian amenities along public ways; and
6. Such other factors as may be considered by the Planning & Zoning Board. 8.5 ADULT RETIREMENT DEVELOPMENTS
8.5.1 Purpose. The purposes of this Section are:
1. To provide an alternative housing opportunity for persons 55 years of age and
older;
2. To provide an attractive and suitable residential environment that is more
amenable to the needs of people in their later years;
3. To encourage creative and innovative site planning and design, in order to
enhance the attractiveness and suitability of this alternative housing type, and to
better meet the specific housing needs of this segment of the population; and
4. |
To encourage the preservation of common land for open space and recreational
use by promoting the highest and best utilization of land in harmony with its
natural features, and to retain the rural character of the town. 8.5.2 Affordable Housing Requirements. Compliance with Section 8.9 is also required. The special
permit hearings and decisions under this Section under Section 8.9 may be combined. 8.5.3 Special Permit. In the Residential, Business and Industrial Districts, the Planning & Zoning
Board may grant a Special Permit for an Adult Retirement Development (ARD) as an alternative to
conventional subdivision. Subdivision approval pursuant to G.L. c. 41 is also required. 8.5.4 Definitions. See Section 11.0, “Adult Retirement Development.”
8.5.5 Permitted Uses. Land in the ARD is specifically limited to single family and two-family
dwellings, with residence and occupancy by persons who have achieved a minimum age of fifty-five
(55) years of age, in accordance with G. L. c. 151B, as it may be amended, and community facilities
for residents of the ARD and their guests. 8-7
8.5.6 Area and Dimensional Requirements. 1. Minimum Tract Size. The Tract of land for an ARD must contain at least ten (10)
acres and have at least forty (40) feet of frontage on a public way. 2. Lot Area, Frontage, Width and Yard Requirements. a. Minimum Lot Area: Nine-thousand (9,000) square feet;
b. Minimum lot frontage: seventy-five (75) feet;
c. Minimum lot width: seventy-five (75) feet. 3. Minimum Yard Requirements. See Table of Dimensional and density
Regulations. 4. Building Location Requirements. No building (except accessory structures not
in excess of 65 square feet) shall be located within 25 feet of a public way or
private way; within 30 feet of the boundary line of the ARD; or within 30 feet of
any designated Common Land. |
The Planning & Zoning Board may require larger
setbacks and distances, and it may permit smaller setbacks and distances if it
finds that such smaller setbacks will not detract from the purpose and intent of
the ARD. 5. Number of Dwellings. The maximum number of ARD dwelling units in the Town
of Easton shall be limited to a number equivalent to five percent (5%) of the
existing single-family residential housing units (excluding ARD units) location
in the Town of Easton. The number of single-family residential housing units for
the purpose of this By-law shall be established by the Board of Assessors as of
January 1 of the calendar year, in which the special Permit application is filed. a. The maximum number of dwelling units permitted in an ARD shall be
computed by dividing the developable area of the ARD tract (in square
feet) by one-half (1/2) of the minimum lot size required in the underlying
zoning district. For the purpose of this computation, the “developable”
area shall be the total area of the tract, including the Common Land, but
excluding all streams, ponds, wetlands, 100 year floodplains, drainage
easements, and areas subject to existing valid open space restrictions. 6. Streets and Utilities. All streets in the ARD shall be private ways. All streets,
and all sewage, drainage facilitates, and utilities, shall be designed and
constructed in compliance with the Town of Easton Subdivision Rules and
Regulations, except as specifically modified by the following design standards:
a. The minimum width of rights-of-way shall be forty (40) feet. b. The minimum widths of roadways (paved travel area) shall be twenty-two
(22) feet for streets providing access for up to and including 40 dwellings,
and twenty-four (24) feet for streets providing access for more than 40
dwellings. |
c. Waivers to the Subdivision Rules and Regulations may be authorized by
8-8
the Planning & Zoning Board in granting a special permit hereunder
provided that the Board determines such exceptions are in the public
interest and are not inconsistent with the purposes of Section 8.5.1. 8.5.7 Conditions. Any plan approved as an ARD must contain or refer to recorded covenants regarding
each of the following:
1. The streets within the ARD shall remain permanently a private way, which shall
not be extended;
2. The Private Way shall not be connected to any other way except where it
originates on a public way; except another private way within the ARD. 3. The lots shall obtain access from the Private Way if, and only if, ownership of
the lot provides automatic membership in a homeowner association or any other
entity responsible for all maintenance and snow removal of or from the Private
Way. The homeowners association or entity hereafter shall retain all rights in the
Private Way. 4. The Private Way does not meet the standards of the Town for acceptance for new
ways and shall not be proposed for such acceptance. 5. A perpetual easement in favor of the Town of Easton shall be granted to allow
access to and maintenance of public utilities as appropriate. 8.5.8 Common Land; Dimensional Requirements. In an ARD, at least thirty (30) percent of the
total tract area shall be set aside as Common Land for the use of the ARD residents. The following
additional requirements shall apply:
1. The minimum required area of the Common Land shall not contain a greater
percentage of wetlands than the percentage of wetlands areas found in the overall
tract of land on which the ARD is located. 2. Common Land shall be planned as large, contiguous parcels whenever possible. |
Strips or narrow parcels of Common Land shall be permitted only when
necessary for providing access to the Common Land from a public or private
way, or if the Planning & Zoning Board finds that a vegetated buffer strip along
the site’s perimeter is appropriate and consistent with the purpose of ARD
development. 3. Common Land may be set aside in more than one parcel provided that the size,
shape, and location of such parcels are suitable for the designated uses. 4. The Common Land shall include adequate upland access from a way public or
private. 8.5.9 Use of the Common Land. The Common Land shall be dedicated and used for natural resource
protection, recreation, park-purposes, Community Facilities, outdoor education, agriculture,
horticulture forestry, or for any combination of such uses. The following requirements shall apply:
1. A portion of the Common Land may also be used for the construction of leaching
areas associated with septic disposal systems serving the ARD or for water
8-9
supply wells serving the ARD, if the Planning & Zoning Board determines that
such use will enhance the specific purpose of the ARD and promote better overall
site planning. Septic disposal easements shall be no larger than reasonably
necessary. If any portion of the Common Land is used for the purpose of such
leaching areas or wells, the Planning & Zoning Board shall require adequate
assurances and covenants that such facilities shall be maintained by the lot
owners within the ARD. 2. A portion of the Common Land may also be used for ways serving as pedestrian
walks, bicycle paths and emergency access or egress to the Common Land or
adjacent land, if the Planning & Zoning Board determines that such a use will
enhance the specific purpose of the ARD and promote better overall site
planning, and if the Planning & Zoning Board finds that adequate assurances and
covenants exist to ensure proper maintenance of such facilities by the owner(s)
of the Common Land. 3. |
The Common Land may be subject to easements for the construction,
maintenance, and repair of utility and drainage facilities serving the ARD or
adjacent parcels. 4. The Common Land shall remain unbuilt upon, provided that an overall maximum
of ten (10) percent of such land may be subject to pavement and structures
accessory to the dedicated use or uses of the Common Land, exclusive of private
ways. 5. The proposed use of the Common Land shall be specified on a plan, and
appropriate dedications and restrictions shall be part of the deed to the Common
Land. 6. The Planning & Zoning Board shall have the authority to approve or disapprove
particular uses proposed for the Common Land in order to enhance the specific
purposes of the ARD and to further efforts to equitably distribute a variety of
open space benefits throughout the ARD community. 8.5.10 Ownership of Common Land. 1. The Common Land shall be conveyed in the whole or in part to a corporation or
trust owned or to be owned by the owners of the dwelling units within the ARD;
or to an entity responsible for the management of the ARD; or to a nonprofit
entity, the principal purpose of which is the conservation of open space. The
Planning & Zoning Board shall approve the form of ownership of the Common
Land. 2. If any portion of the Common Land is not conveyed to the Town of Easton, a
perpetual restriction, approved by the Planning & Zoning Board and enforceable
by the Town of Easton, shall be imposed on the use of such land, providing in
substance that the land be kept in its open or natural state and that the land shall
not be built upon or developed or used except in accordance with provisions of
an ARD as set forth herein and, if applicable, as further specified in the decision
of the Planning & Zoning Board governing the individual ARD. 8-10
3. The proposed ownership of all Common Land shall be specified for the ARD. 4. |
At the time of its conveyance (if applicable), the Common Land shall be free of
all encumbrances, mortgages or other claims (including pre-existing
conservation easements or restrictions), except as to easements, restrictions and
encumbrances required or permitted by this by-law. 8.5.11 Site Development Standards. 1. Within the ARD, adequate access shall be provided to each dwelling unit. Such
access shall be convenient and appropriate for residents and emergency services. 2. To the greatest extent possible, open spaces, common land, house sites, streets
and house lots shall be designed with due respect to natural landscape features,
scenic views, topography, soils, and natural drainage patterns. 3. All utilities shall be installed underground. 4. Within the ARD, there shall b a buffer zone of at least twenty-five (25) feet in
width around the entire perimeter of the Development. The buffer zone shall
include natural vegetation, plantings, walls, fences, or vegetated earthen berms
to provide a screening barrier between the development and the abutting
properties. Screening plantings shall be provided between the wall or fence and
the abutting property. The buffer zone and its associated screening barrier shall
be designated on the Special Permit Plan. The detailed plan for planting and
screening shall be prepared by a Registered Landscape Architect and shall be
part of the Special Permit application. The actual requirements regarding
buffering, plantings and screening shall be determined by the SPGA, the
Planning & Zoning Board, as part of the Special Permit process. 5. Retail sales and/or services may be provided within the ARD site for the
convenience of residents and guests only. Signage for such sales or services shall
be building-mounted only; sign area shall not exceed six (6) square feet; there
shall be only one identification sign per business; and signage shall not be
illuminated. |
All commercial uses within the development shall be delineated as
part of the special permit application and must be specifically approved by the
SPGA as an integral part of the special permit. Adequate parking for the
approved commercial uses, as determined by the SPGA, shall be provided and
depicted on the plan. 6. The ARD shall conform with the requirements for a self-contained retirement
community as established by G.L. c. 151B, s. 5, Subsection 8, together with any
amendment thereto. 8.5.12 Pre-Submission Meeting. Prior to submission of the special permit application to the Board,
the applicant is strongly advised to meet with the Town Planner or other Board designee to review the
proposed development of the parcel of land, in order to explore general conditions involving the site
and to discuss potential problems. Pencil sketches, which need not be professionally prepared, will
assist in this discussion, and should show the critical features of the ARD plan. 8.5.13 Special Permit Application and Definitive Subdivision Plan. The special permit application
8-11
shall contain a plan in the form and with the contents required of a Definitive Subdivision Plan by the
Easton Subdivision Rules and Regulations. The applications for Special Permit and for approval of a
Definitive Subdivision Plan shall be file concurrently. To the extent permitted by law, the Planning &
Zoning Board shall consider both applications at the same time. 8.5.14 Special Permit Criteria. |
In addition to the criteria set forth in Section 10.5.2, in evaluating
the proposed ARD, the Planning & Zoning Board shall consider:
1. the general purpose and objectives of this by-law;
2. the existing and probable future development of surrounding areas;
3. the appropriateness of the proposed layout of streets, ways, lots and structures;
4. the proposed layout and use of the Common Land in relation to the proposed
dwelling units in the ARD, adjoining public or private common land or open
space, or the topography, soils and other characteristics of the tract of land in
question;
5. whether the application complies with the requirements of this Section 8.5, other
applicable requirements of the Zoning By-laws and any regulations and
guidelines promulgated there to, where applicable, the construction and design
standards of the Easton Subdivision Rules and Regulations;
6. whether the application is consistent with the purposes of this section; and
7. whether the application is in harmony with the existing and probable future uses
of the area and with the character of the surrounding area and neighborhood. 8.5.15 Phasing. If the special permit granted under this section is for more than 100 units, the SPGA
may, at its discretion, specify that the construction of the ARD shall be phased in accordance with the
following schedule:
1. PHASE I (0-12 months from issuance of special permit): Total number of
building permits issued for dwelling units shall not exceed fifty percent (50%)
of the total number of dwelling units approved under this special permit;
2. PHASE II (12-24 months from issuance of special permit): Total number of
building permits issued for dwelling units shall not exceed seventy-five percent
(75%) of the total number dwelling units approved under this special permit;
3. |
PHASE III (24-36 months from issuance of special permit): Total number of
building permits issued for dwelling units may equal the total number of dwelling
units approved under this special permit. 8.5.16 Special Permit Conditions. As a condition of approval, the Planning & Zoning Board may
require such changes in the proposed development plans and may impose such conditions and
safeguards as it deems necessary to secure the objectives of this by-law, and to protect the health,
safety, and welfare of the inhabitants of the neighborhood and of the Town of Easton. 8.5.17 Change in Plans After Grant of Special Permit. No change in any aspect of the approved
plans shall be permitted unless approved in writing by the Planning & Zoning Board. A new or amended
special permit will be required if the Planning & Zoning Board determines any proposed change to be
8-12
substantial. 8.5.18 Building Permits. No building permit shall be issued for any structure within an approved
ARD unless such structure is in compliance with this By-law and terms and conditions of any special
permit there under. 8.6 RESIDENTIAL COMPOUND
8.6.1 Purpose. The purpose of this Section is:
1. To provide sub-dividers an option to develop a parcel of land under less stringent
requirements, where, and only where, the Board determines that such alternative
procedures will promote development of the parcel in the best interests of the
Town. 2. To promote a lower density of housing than is normally allowed through
conventional subdivision. 3. To alleviate the Town’s short-and long-term costs for road maintenance and
lighting. 4. To minimize construction in or near environmentally sensitive areas. 5. To preserve the rural character of the Town. 8.6.2 General Provisions. The Planning & Zoning Board may grant a special permit to allow the
development of a subdivision as a Residential Compound. Subdivision approval, pursuant to G.L. c.
41, is also necessary. 1. |
Compliance with Section 8.9, Affordable Housing Requirements, is also
required. The special permit hearings and decisions under this Section and
Section 8.9 may be combined. 8.6.3 Eligibility. To qualify for consideration as a Residential Compound, the subdivision must satisfy
all of the following conditions:
1. The Residential Compound must create at least three but not more than eight
lots, be located entirely in a district in which single-family residences are
permitted, and have a minimum of forty (40) feet of frontage on an existing
public way in Easton. 2. The average contiguous upland area of the lots so created shall be at least one
and one-half times the minimum lot size set forth for the district in Section 4.0. No lot shall have less than the minimum lot size for the district. 3. All lots in a Residential Compound shall have ingress and egress to a Private
Lane, ownership of and rights to which shall be retained by a homeowners’
association. 4. The minimum frontage of each lot on the Private Lane shall be at least 75 feet. 5. The Private Lane shall extend from a Town of Easton Accepted or public way,
and shall end in a cu-de-sac or connect back to itself. 8-13
6. A buffer zone of at least 75 feet in width of indigenous vegetation shall separate
the new structures in the development from any adjacent public way. The buffer
zone shall provide a dense vegetative screen, which shall be supplemented by
additional indigenous vegetation, and landscaping that is designed to block the
view of the residential structures from the existing public way. 8.6.4 Pre-Submission Meeting. Prior to submission of the special permit application, it is strongly
advised that the applicant meet with the Town Planner or other Board designee to review the proposed
development of the parcel of land, in order to explore general conditions involving the site and to
discuss potential problems. |
Pencil sketches, which need not be professionally prepared, will assist in
this discussion and should show the critical features of the Residential Compound plan. 8.6.5 Special Permit Application and Definitive Subdivision Plan. The special permit application
shall contain a plan in form and with the contents required of a Definitive Subdivision Plan by the
Easton Subdivision Rules and Regulations. The application for a special permit and for approval of a
Definitive Plan shall be filed concurrently. To the extent permitted by law, the Planning & Zoning
Board shall consider both applications at the same time. 8.6.6 Planning & Zoning Board Approval. The Planning & Zoning Board may approve a Residential
Compound Subdivision after considering, in addition to the criteria set forth in section 10.5.2, whether
the Residential Compound, as compared to a conventional subdivision of the same parcel, is likely to:
1. Reduce the number of lots having egress onto existing streets;
2. Reduce the number of lots having frontage on existing public ways;
3. Reduce cut and fill in road construction and subdivision development;
4. Promote public safety and welfare, particularly with regard to traffic and
pedestrian safety;
5. Be constructed in a manner which will have the least visual impact on the parcel
of land in question as viewed from the public way providing access to the
Residential Compound subdivision, or from adjacent residentially zoned
properties;
6. Produce less irregularly shaped or contorted lot configurations;
7. Promote housing affordable to persons or families of low or moderate income,
as defined by the standards and criteria of the Massachusetts Department of
Housing & Community Development; or
8. Afford protection to the town’s groundwater resources. 8.6.7 Conditions. Any plan approved as a Residential Compound must contain or refer to recorded
covenants regarding each of the following:
1. The Private Lane shall remain permanently a private way, which shall not be
extended. 2. |
The Private Lane shall not be connected to any other way except where it
originates on a public way. 3. Ownership of a lot in the Residential Compound shall confer automatic
8-14
membership in a homeowner association responsible for all maintenance of and
snow removal from the Private Lane. The homeowners association shall retain
ownership of and all rights in the Private Lane. 4. The Private Lane does not meet the standards of the Town for acceptance for
new ways and shall not be proposed for such acceptance. 5. The homeowners association shall indemnify, hold harmless and release the
Town from liability for any damages resulting from an action brought by a third
party or the association in any court due to the repair, use, or maintenance of the
Private Lane. 6. A perpetual easement in favor of the Town of Easton shall be granted to allow
access to and maintenance of public utilities as appropriate. 8.6.8 Private Lanes. Private Lanes shall have:
1. A leveling area of at least 40 feet in length from the street pavement with a
minimum width of 20 feet of pavement in accordance with the Subdivision
Regulations (except where such paving is prohibited by other Town By-laws),
and sloped not more than 4percent grade for the 40 feet it extends from the street
pavement. 2. A center line intersection with the street centerline of not less than 60 percent. 3. A roadway surface, on that portion of the Private Lane extending beyond the
leveling area, of a minimum of 6 inches of graded gravel, placed over a properly
prepared base, graded and compacted to drain from the crown. Where the
property rises in elevation from the street, the way shall be paved from the street
to the first high point (break in grade) in order to prevent erosion toward the
street, except where such paving is prohibited by other Town By-laws. 4. |
Proper drainage appurtenances, where required, to prevent washout and
excessive erosion, with particular attention to the leveling area, so that water
draining onto the street surface from the leveling area is eliminated to the
maximum extent feasible. 5. A roadway surface, on the at portion of the Private Lane extending beyond the
leveling area, with a minimum width of 18 feet for its entire length, and a
minimum right-of-way width of 30 feet for its entire length. 6. A turnaround or cul-de-sac of not less than 30 feet in depth and 40 feet in width
provided at the end of the terminus. 7. A buffer zone of indigenous vegetation supplemented by new plantings and
landscaping as maybe required by the Planning & Zoning Board separating the
Private Lane from any pre-existing residential lot line. 8.6.9 Rules and Regulations. The Planning & Zoning Board shall establish, and from time to time
amend, regulations for the administration of this Section, including a schedule of filing fees to cover
to the costs of processing and engineering review by Town personnel, and review fees to cover the
costs of expert technical review by outside consultants. 8-15
8.7 ESTATE LOTS. 8.7.1 Special Permit. The Planning & Zoning Board may grant a special permit for development on a
lot in the Residential District with less than the required amount of frontage, according to the criteria
for “estate lots” as set forth herein. Estate lots shall comply with all of the General Requirements set
forth below, and with the Requirements for pre-existing estate lots or newly-created estate lots as may
be applicable. 8.7.2 General Requirements. 1. The applicant shall submit an Approval Not Required (ANR) Plan under the
Subdivision Control law depicting the estate lot and the conforming lots (if any). The Approval Not Required Plan shall take the place of the plan otherwise
required for special permit applications. 2. |
A building area shall be designated on the plan, and the width of the estate lot at
the widest portion of the building area shall equal or exceed the number of feet
normal required for street frontage in the district. 3. Lot width for the estate lot shall at no point be less than 40 feet, and lot frontage
shall be not less than 40 feet. Frontage shall meet all of the requirements
contained in the definition for “frontage” in Section 11.0. 4. Front, rear and side yard depths shall equal or exceed those required in the
district. 8.7.3 Pre-Existing Estate Lots. A pre-existing lot lacking the minimum frontage requirement for the
district may be utilized for any use permitted in the district provided that all of the following conditions
are met for the estate lot:
1. The area of the estate lot shall be at least three times the minimum area normally
required for the district. 2. The estate lot shall have existed in separate ownership from any abutting lot. Documentation to this effect shall be submitted to the Planning & Zoning Board. The Building Commissioner shall not issue a building permit for any estate lot
without first establishing that compliance with this provision has been
determined by the Planning & Zoning Board. 8.7.4 Creation of New Estate Lots. A lot may be divided into an estate lot and one or more lots each
of which conforms to all applicable dimensional regulations in Section 4.0 provided that all of the
following conditions can be met for the estate lot:
1. The area of the estate lot shall be at least double the minimum area normally
required for the district. 2. Not more than one (1) estate lot shall be created from a lot, or a set of contiguous
lots held in common ownership. Documentation to this effect shall be submitted
to the Planning & Zoning Board along with the application for Approval Not
Required Plan under the Subdivision Control Law. |
The Building Commissioner
shall not issue a building permit for any estate lot without first establishing that
compliance with this provision has been determined by the Planning & Zoning
8-16
Board. 3. At the time of the creation of the estate lot, it shall be held in common and
contiguous ownership with the front lot from which the estate lot is proposed to
be created. 4. The sight distance at the intersection of the estate lot driveway and the street
shall be such as to provide for safety to all vehicular traffic. 5. The existing drainage patterns shall not be disrupted by the construction of a
driveway on the reduced frontage portion of the estate lot. A grading and sloping
plan, showing existing and proposed conditions, shall be submitted with the
special permit application to demonstrate compliance with this requirement. 8.8 IN-LAW APARTMENTS. 8.8.1 Purpose. The purpose of this Section is:
1. To provide an opportunity for family members who choose to live in close
proximity, but separate from other family members, to remain within that family
environment;
2. To provide for the health and security concerns of elder or disabled homeowners
who wish to remain in their homes;
3. To protect residential stability, property values and the single-family character
of neighborhoods;
4. To make it possible for the Town to supervise and monitor such additions for
code compliance and safety;
8.8.2 Definitions. See Section 11.0, “In-Law Apartments.”
8.8.3 Use and Dimensional Regulations. The Building Commissioner may issue a building permit
authorizing the installation and use of an In-Law Apartment within or attached to an existing or new
owner-occupied, single-family dwelling only when the following conditions are met:
1. The In-Law Apartment will be a complete, separate housekeeping unit containing
both kitchen and bath. 2. The In-Law Apartment must be accessory to a single family dwelling and only
one In-Law Apartment may be created on any lot. 3. |
The owner(s) of the single family dwelling for which the In-Law Apartment is
created must continue to occupy at least one of the dwelling units on the property
as their primary residence, except for bona fide temporary absences. 4. Any new separate outside entrance serving an In-Law Apartment shall be located
on the side or in the rear of the building. However, numbering in a form
acceptable to the Fire Department must indicate to emergency personnel the
existence of an additional unit on the lot. 5. The gross floor area of an In-Law Apartment (including any additions) shall not
be greater than twenty-five percent (25%) of the primary single family dwelling
8-17
unit, or nine-hundred (900) square feet, whichever is smaller. 6. Once an In-Law Apartment has been added to a single family residence or lot,
the In-Law Apartment shall never be enlarged beyond the nine hundred (900)
square feet allowed by this By-Law. 7. One additional off-street parking space shall be provided for use by the
occupant(s) of the In-Law Apartment. 8.8.4 Notarized Letter. Prior to issuance of a building permit, the owner(s) must send a notarized
letter to the Building Commissioner stating that the owner will occupy one of the dwelling units on the
premises as the owner’s primary residence, except for bona fide temporary absences. The owner shall
also record a copy of the letter at the Registry of Deeds. 8.8.5 Floor Plan. Prior to issuance of a building permit, a floor plan must be submitted showing the
proposed interior and exterior changes to the building. 8.8.6 Transfer. When a single family dwelling, which has received a permit for an In-Law Apartment,
is sold, the new owner(s), if they wish to continue the use, must, within thirty (30) days of the sale,
submit a notarized letter to the Building Commissioner stating that they will occupy one of the dwelling
units on the premises as their primary residence, except for bona fide temporary absences. |
The new
owner shall also record a copy of the letter at the Registry of Deeds. 8.8.7 Administration and Enforcement. It shall be the duty of the Building Commissioner to
administer and enforce the provisions of this Section. 1. No In-Law Apartment may be created or constructed until the Building
Commissioner has issued a permit. No permit shall be issued until a sewage
disposal works permit, when applicable, has first been obtained from the Board
of Health and the proposed building and location thereof conform with the town’s
laws and bylaws. Any new building or structure shall conform to all adopted
state and town laws, bylaws, codes and regulations. No In-Law Apartment shall
be occupied until a certificate of occupancy has been issued by the Building
Commissioner where required. 2. The Building Commissioner shall refuse to issue any permit for an In-Law
Apartment which would result in a violation of any provision of this chapter or
in a violation of the conditions or terms of any special permit or variance granted
by the Board of Appeals or its agent. 3. The Building Commissioner shall issue a cease and desist order on any work in
progress or on the use of any premises, either of which are in violation of the
provisions of this Section. 8.9 AFFORDABLE HOUSING REQUIREMENTS
8.9.1 Purpose. The purpose of this Section is to promote the public welfare by:
1. increasing the supply of housing that is available and affordable to low or
moderate income households, with an emphasis on family housing;
2. encouraging residential growth in already developed areas; and
8-18
3. preventing the displacement of Easton residents. Units created through these provisions are intended to be meet the requirements of G.L. c. 40B, ss. 20-
24 and of any comparable affordable housing programs, and to be recognized as Local Initiative Units
as defined by the Department of Housing and Community Development (DHCD). 8.9.2 Definitions. See Section 11.0, “Affordable Housing Requirements.”
8.9.3 Applicability. |
In all zoning districts, the provisions of this Section shall apply to any subdivision
developed in conjunction with a special permit for a Residential Compound or Adult Retirement
Development. The development of any such project shall require the grant of a separate special permit
from the Planning & Zoning Board under this Section. Flexible Development, Section 8.1, has its own
affordable unit requirement. 8.9.4 Required Affordable Units. As a condition for granting any special permit hereunder,
applicants shall contribute to the Town's stock of affordable units in accordance with the following
requirements:
1. In any subdivision developed in conjunction with a special permit for a
Residential Compound or Adult Retirement Development, the applicant shall be
required to set aside 20% of the units so created as affordable units, except as
the provisions of Section 8.9.6, below, shall apply. 2. The required affordable units shall contain 20% of the bedrooms in the project
as a whole. 3. In determining the total number of required affordable units or bedrooms, a
fractional unit of 0.4 or more shall be regarded as a whole unit or bedroom. 8.9.5 Standards. Projects containing affordable units shall meet the following standards:
1. Projects shall not be segmented or phased to avoid compliance with these
provisions. 2. Affordable units shall be dispersed throughout the project and shall be
indistinguishable from market rate units in external appearance. The affordable
units shall have the same mechanical systems as market units, except that
affordable units with up to two bedrooms may have only one bathroom,
affordable units with three or more bedrooms shall have at least 1.5 bathrooms. Affordable units shall have the same finishes and appliances as the market rate
units except where the Planning & Zoning Board specifically approves, in
advance, a request for different finishes and/or appliances. 3. |
The affordable units shall contain square footage which is no less than (1) the
average size of market rate units containing the same number of bedrooms, or
(2) the following, whichever is the smaller:
0 bedrooms: 500 square feet
1 bedroom: 700 square feet
2 bedrooms: 900 square feet
3 bedrooms: 1100 square feet
8-19
4 bedrooms: 1300 square feet
4. Sales prices, resale prices, initial rents, and rent increases for the affordable units
shall be established in accordance with this section and the Comprehensive
Permit Guidelines, as further clarified in the Affordable Housing Guidelines and
shall be permanently restricted, to the extent legally permissible, to ensure long-
term affordability. 5. The Town may establish a system of priorities for selecting buyers or renters, in
accordance with the Affordable Housing Guidelines, and subject to federal and
state housing laws. 6. The Town may require that lessees of affordable rental units meet income
recertification requirements upon renewal of lease terms, in accordance with the
Affordable Housing Guidelines. 7. Affordability restrictions shall be embodied in applicable deed covenants,
restrictive covenant agreements, other contractual agreements, land trust
arrangements, and/or other mechanisms designed to ensure compliance with this
section. 8. Covenants and other documents necessary to ensure compliance with this section
shall be executed and, if applicable, recorded prior to and as a condition of the
issuance of any building permit or certificate of occupancy, as the Planning &
Zoning Board shall deem appropriate. 8.9.6 Alternative Requirements for Affordable Units. Subject to a finding by the Planning & Zoning
Board that the result will be advantageous to the Town in creating or preserving affordable units and
not result in the undue concentration of affordable units, the requirements of this section may be
satisfied through one or more of the following methods, listed in the order of preference:
1. Off-Site Location. |
Affordable units may be located on an alternative site or sites
in Easton suitable for housing use, preferably in the same neighborhood as the
on-site development. While off-site affordable units may be located in an
existing structure, the potential for displacement of existing tenants shall be
considered by the Planning & Zoning Board. Affordable units provided through
this alternative method shall comply in all other respects other with the
requirements of this section. The applicant’s Affordable Housing Plan shall show
that the applicant shall provide a greater affordable housing benefit to the Town
than would have been provided on site. 2. Cash Payment. The applicant may choose to make a cash payment to the Housing
Trust, as clarified in the Affordable Housing Guidelines. 8.9.7 Procedures. All projects shall comply with the following procedures as applicable:
1. Pre-Application Meeting. The applicant shall convene a pre-application meeting
with the Planning & Zoning Board to discuss the project proposal and affordable
housing requirements. 2. Submittal of Affordable Housing Plan. The applicant shall fill out and submit an
8-20
Affordable Housing Plan form to the Department of Planning and Community
Development prior to making an application for a building permit. This form
requires the following information:
a. On-Site Unit Projects. Applicants electing to develop on-site affordable
units shall provide a schedule of all project units by location, square
footage, unit types, number and types of rooms, and location of affordable
units. b. Cash Contribution Projects. Applicants electing to make a cash
contribution in lieu of providing affordable units shall provide a statement
of the number of project units and the corresponding formula required by
the Affordable Housing Guidelines. c. Alternative Requirements. |
Applicants proposing to employ Alternative
Requirements for Affordable Units, above, shall provide a proposal
specifying the buildings, off-site affordable units, and/or cash
contribution; and a schedule and proposed security for providing these. 3. Planning & Zoning Board Application. The applicant shall make a formal
application for a special permit to the Town Clerk. 4. Affordable Housing Trust Fund Board of Trustees Review. Except for
applications proposing cash contributions, the Affordable Housing Trust Fund
Board of Trustees shall, in the next regularly scheduled meeting after necessary
public notice, review the Affordable Housing Plan and prepare a
recommendation to the Planning & Zoning Board. 5. Planning & Zoning Board Review. The Planning & Zoning Board shall meet to
hear the special permit application. The Planning & Zoning Board decision may
require modifications, conditions, and safeguards, including documentation
regarding affordability and funding commitments reasonably related hereto, and
shall explain any deviation from Affordable Housing Trust Fund Board of
Trustees recommendations in writing in its decision. 8.9.8 Conditions. 1. The Planning & Zoning Board shall require that a Revised Affordable Housing
Plan, which shall include any conditions in the grant of a special permit from the
Planning & Zoning Board, shall be submitted to the Planning Director for final
approval prior to the issuance of a building permit. For projects providing
affordable units, the Affordable Housing Plan shall include a reference to
specific floor plans of the affordable units that shall be attached to the plan. For
projects providing cash or other contributions, the revised Affordable Housing
Plan shall set forth a detailed description, if applicable, and schedule for
contributions, including any documentation required to secure such, in
accordance with the Affordable Housing Guidelines. |
The Revised Affordable
Housing Plan shall be legally binding as part of a special permit which shall refer
to it in any decision. 8-21
2. Where set forth as a condition in the approved Revised Affordable Housing Plan,
no building permit shall be issued until the applicant submits to the Director of
the Department of Planning and Community Development a proper bond, or other
financial instrument designed to secure performance of the requirements of this
section. 3. No building permit shall be issued until the applicant submits proof that the
special permit decision has been recorded and that the Planning Director has
issued a final approval letter for the Revised Affordable Housing Plan. 4. The Planning & Zoning Board may impose conditions in which the Building
Commissioner may limit, restrict, or withhold the issuance of a certificate of
occupancy for any market rate unit(s) in a development until:
a. all of the affordable units have obtained a certificate of occupancy; or
b. any cash contribution, buildings and/or off-site units required to be
donated to the Town or its designee have been conveyed. 5. Prior to issuance of any certificate of occupancy for the a project including
affordable units, the applicant shall submit to the Director of Planning and
Community Development for approval a plan for marketing and selection of
occupants; initial rents or sales prices for the units designated as affordable; and,
prior to their being recorded, condominium, cooperative or other homeowner
association documents, as appropriate. For projects including affordable units
for rent, this plan shall be recorded as a part of the affordable housing restriction
set forth herein. All plans shall be consistent with the Affordable Housing
Guidelines. 6. |
Initial Sales/Rental will be through a lottery implemented by a qualified non-
profit housing agency such as the Easton Housing Authority, the South Shore
Housing Development Corporation, or the Citizens Housing and Planning
Association, and a comparable agency will oversee re-sales or re-rentals to
preserve affordability in perpetuity, in accordance with the Comprehensive
Permit Guidelines. 8.9.9 Affordable Housing Guidelines. The Planning & Zoning Board, in consultation with the
Affordable Housing Trust Fund Board of Trustees and after public notice and hearing, shall adopt
Affordable Housing Guidelines. 8.9.10 Contributions of Cash. Cash contributions made to the Affordable Housing Trust in
accordance with this Section shall be used only for purposes of providing affordable housing for low
or moderate income households as defined by this Section. 8-22
SECTION 9.0 SPECIAL DISTRICT REGULATIONS
9.1 AQUIFER PROTECTION OVERLAY DISTRICT (APOD). 9.1.1 Findings. Town of Easton finds the following conditions to occur:
1. The ground water underlying the town is the sole source of its existing and future
drinking water supply;
2. The ground water aquifers are integrally connected with and flow into the surface
waters, lakes, ponds and streams which constitute significant recreational and
economic resources used for water related recreation and fishing;
3. Accidental spills and discharges of petroleum products and other toxic or
hazardous materials and sewage discharge have repeatedly threatened the quality
of such ground water supplies and related water resources throughout
Massachusetts, posing potential public health and safety hazards and threatening
economic losses to affected communities;
9.1.2 Aquifer Protection Overlay Districts; Establishment and Location. The Aquifer Protection
Overlays District (APOD) shall be as delineated on the Zoning Map of the Town of Easton and shall
be superimposed over any other district established by this By-law. |
They are based upon a 5-foot
contour interval water table map, surficial geologic mapping and ground water modeling. 9.1.3 Prohibited Uses. Within an APOD, the following uses are specifically prohibited:
1. Sales or storage of fuels;
2. Junk yards;
3. Municipal sewage treatment facilities with on-site disposal of primary or
secondary treated effluent;
4. Packaged sewage treatment plants;
5. Car washes;
6. Road salt stockpiles not stored in approved structures;
7. Dumping of snow from outside the district;
8. Dry cleaning establishments;
9. Motor vehicle and boat service and repair facilities;
10. Metal plating establishments;
11. Veterinary clinic/animal hospital;
12. Planned Business Development;
13. Planned Industrial Development;
14. Chemical and bacteriological laboratories;
15. Any other use which involves as a principal activity the manufacture, storage,
use, transportation or disposal of toxic or hazardous materials, except as allowed
9-1
by special permit in this Section. 16. Sanitary Landfills; specifically excluded from this provision is the continued use
and vertical expansion of the existing municipal sanitary landfill off Prospect
Street in accordance with approval by the Massachusetts Department of
Environmental Protection (DEP). 17. Solid waste facilities; with the specific exception that the existing landfill
located off Prospect Street may be converted to a composting facility and/or a
solid waste transfer station. 18. Land filling of sludge and septage. 9.1.4 Density Regulations. Residential dwellings shall be permitted only at a density not greater than
that allowed in Section 4.0. 9.1.5 Special Permit Uses. Within the APODs the following uses shall be allowed only upon receipt
of a special permit from the Planning & Zoning Board:
1. Any use involving toxic or hazardous materials in quantities greater than those
associated with normal household use;
2. Golf courses, either private or public;
9.1.6 Special Permits; Procedures. |
The Special Permit Granting Authority (SPGA) under this Section
shall be the Planning & Zoning Board. Such special permits shall be granted if the SPGA determines,
in conjunction with the other Town agencies indicated below, that the intent of this Section, as well as
its criteria, are met. In making such a determination, the SPGA shall give consideration to the
simplicity, reliability and feasibility of the control measures proposed and the degree and threat to
water quality which would result if the control measures fail. 1. Review by Other Town Agencies. Upon receipt of the special permit application,
the SPGA shall transmit one (1) copy to the following: Department of Public
Works, Water Division, Board of Health, Zoning Board of Appeals, Conservation
Commission and the Building Commissioner for their written recommendations. Failure to respond within thirty (30) days shall indicate approval or no desire to
comment by said agency. The necessary number of copies of the application
shall be furnished by the applicant. 9.1.7 Special Permit; Criteria. In lieu of the criteria set forth in Section 10.5.2, special permits under
this Section shall be granted only if the SPGA determines, in conjunction with the Department of Public
Works, Water Division, that ground water quality resulting from on-site wastewater disposal and other
on-site operations remains within current EPA and DEP standards for drinking water at the
downgradient property boundary. 9.1.8 Special Permit; Submittals. In applying for a special permit required by this section, the
applicant shall provide the following information:
1. |
A complete list of all chemicals, pesticides, fuels and other potentially toxic or
hazardous materials to be manufactured, used or stored on the premises in
quantities greater than those associated with normal household use, accompanied
by a description of measures proposed to protect all storage containers/facilities
9-2
from vandalism, corrosion and leakage and to provide for the control of spills. 2. A description of potentially toxic or hazardous wastes to be generated, indicating
storage and disposal methods. 3. Evidence of approval by the DEP of any industrial waste treatment or disposal
system or any wastewater treatment system with a capacity of 15,000 gallons per
day or more. 4. Projections of downgradient concentrations of nitrogen and other relevant
chemicals at property boundaries and other locations deemed pertinent by the
SPGA. Projections shall be based upon appropriate ground water models and the
following information/ standards:
a. Nitrogen loading calculations. - Wastewater per person: 5 lbs. of nitrogen per year
- Persons per dwelling: 3
- Lawn fertilizers: 2 lbs. of nitrogen per 1,000 square feet of lawn
area per year
- Road runoff: 0.19 lbs. of nitrogen per curb mile per day
- Background nitrogen concentration: actual field measurements
b. Groundwater flow and impacts to drinking water and supply wells. - Identify probably impacted water supply well(s) by constructing
flow lines on the Easton Water Table Map (IEP, 1986)
downgradient of the proposed site
- Use 15 inches per year for sand and gravel and 7 inches per year
for till for aril recharge rates
- Determine the value for hydraulic conductivity from the closest
downgradient public water supply well in the Easton Aquifer
Protection Plan (IEP, 1986)
- Determine the saturated thickness of the site as shown on the
Saturated Thickness Map (IEP, 1986) supplemented with on-site
borings. 5. |
When an application is made for a building permit which involves the use of land
in the APOD, the Building Commissioner shall require that the applicant for such
a permit provide a plan of the lot on which the proposed development is intended
showing 2-foot contour intervals. The datum shall be the National Geodetic
Vertical Datum and the bench marks shall be identified on the plan. The plan
shall be stamped by a Registered Engineer or Registered Land Surveyor. The
Building Commissioner shall transmit one (1) copy of the plan to the following
Town agencies for written comments: Department of Public Works, Water
Division, Board of Health, Planning & Zoning Board and Conservation
Commission. 9-3
9.1.9 Design and Operations Guidelines. The following design and operation guidelines shall be
observed within the APODs. 1. Safeguards. Provisions shall be made to protect against toxic or hazardous
material discharge or loss resulting from corrosion, accidental damage, pillage
or vandalism through such measures such as:
a. prohibition of underground fuel storage tanks;
b. spill control provisions in the vicinity of chemical or fuel delivery points;
c. secured storage areas for toxic or hazardous materials;
d. indoor storage provisions for corrodible or dissolvable materials;
e. a closed vapor recovery system for each structure which allows the
evaporation of toxic or hazardous materials into its interior to prevent
discharge of contaminated condensate into the ground water. 2. Location. Where the premises are partially outside the APOD, potential
pollution sources such as on-site waste disposal systems shall be located outside
the District to the extent feasible. 3. Disposal. For any toxic or hazardous wastes to be produced in quantities greater
than those associated with normal household use, the applicant must demonstrate
the availability and feasibility of disposal methods which are in conformance
with G. L. c. 21C, as amended. 4. Drainage. |
All runoff from impervious surfaces shall be recharged on the site,
diverted towards areas covered with vegetation for surface infiltration to the
extent possible. Dry wells shall be used only where other methods are not
feasible and shall be preceded by oil, grease and sedimentation traps to facilitate
removal of contaminants. 9.1.10 Violations. Written notice of any violations of this Section shall be provided by the Building
Commissioner to the owner of the premises with said notice specifying the nature of the violation(s)
and a schedule of compliance, including cleanup of any spilled materials. This compliance schedule
must be reasonable in relation to the public health hazard involved and the difficulty of compliance. In no event shall more than thirty (30) days be allowed for either compliance or finalization of a plan
for longer-term compliance. 9.2 FLOOD PLAIN OVERLAY DISTRICT (FPOD). 9.2.1 Purpose. The purpose of the Flood Plain Overlay District (FPOD) is to preserve and protect
streams, brooks, ponds, lakes, and other water courses and their adjoining lands within the Town; to
protect the health and safety of persons and property against the hazards of flooding; to preserve the
natural flood control characteristics, and the flood storage capacity of the flood plain, and to preserve
and maintain the ground water table and water recharge areas within the flood plain; to protect the
community against the detrimental use and the development of lands adjoining such water courses and
to conserve the watershed areas of the Town for the health, safety, and welfare of the public. 9.2.2 District Delineation. The Floodplain Overlay District (FPOD) is herein established as an
9-4
overlay district. |
The District includes all special flood hazard areas within the Town of Easton
designated as Zone A, AE, AH, AO, A1-30, A99, on the Bristol County Flood Insurance Rate Map
(FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the
National Flood Insurance Program. The map panels of the Bristol County FIRM that are wholly or
partially within the Town of Easton are panel numbers 25005C0033F, 25005C0034F, 25005C0041F,
25005C0042F, 25005C0043F, 25005C0044F, 25005C0052F, 25005C0053F, 25005C0054F,
25005C0061F, 25005C0062F, 25005C0063F, 25005C0064F, 25005C0068F, 25005C0132F,
25005C0151F, 25005C0152F and 25005C0156F dated July 7, 2009. 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 Bristol County Flood Insurance Study (FIS) report dated July 7, 2009. The FIRM and FIS report
are incorporated herein by reference and are on file with the Planning and Zoning Board. 9.2.3 Overlay District. The Flood Plain District is established as an overlay district to all other
Districts and these overlain districts shall be subject to all requirements of the Flood Plain District. All
developments in the FPOD, including structural and non-structural activities, whether permitted by
right or by special permit must be in conformance with Article 227 Town of Easton By Law, Chapter
131, Section 40 of the Massachusetts General Laws and with the following:
* Section of the Massachusetts State Building Code which addresses flood plain
and coastal high hazard areas (currently 780 CMR 120.G “Flood Resistant
Construction and Construction in Coastal Dunes”);
* Wetlands Protection Regulations, Department of Environmental Protection
(DEP) (currently 310 CMR 10.00);
* Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
* Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15, Title 5);
9.2.4 Permitted Uses. |
The following uses of low flood damage potential and causing no obstructions
to flood flows are encouraged provided they are permitted in the underlying district and they do not
require structures, fill, or storage of materials or equipment:
1. Agricultural uses such as farming, grazing, truck farming, horticulture, and the
like;
2. Forestry and nursery uses;
3. Outdoor recreational uses, including fishing, boating, play areas, and the like;
4. Conservation of water, plants, wildlife;
5. Wildlife management areas, foot, bicycle, and/or horse paths
6. Temporary nonresidential structures used in connection with fishing, growing,
harvesting, storage, or sale of crops raised on the premises;
7. Buildings lawfully existing prior to the adoption of these provisions. 9.2.5 Standards. 1. Any variances from the provisions and requirements of the above referenced
state regulations may only be granted in accordance with the required variance
9-5
procedures of these state regulations. 2. No encroachment, including fill, new construction, substantial improvements,
and other developments within the regulatory floodway will be allowed unless it
has been demonstrated through hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would not result
in an increase in flood levels within the community during the occurrence of the
base flood discharge, as per Section 60.3 (d) (3) of the National Flood Insurance
Program Regulations. 3. Within Zone A at any location where the 100 year flood elevation is not shown
on the FIRM, the Planning & Zoning Board, may utilize any base flood elevation
and floodway data available from Federal, State, or other official sources as
criteria for requiring that new construction, substantial improvements or other
development within Zone A meet 44 CFR 60. 4. |
Within Zone A at any location where the 100 year base flood elevation is not
specifically delineated on the FIRM and no base flood elevations and floodway
data is available from Federal, State, or other official sources, the base flood
elevation shall be developed by a Registered Professional Engineer, assuming 7
inches of rain falling on the watershed area over a 24-hour period. 5. Base flood elevation data shall be required for all new subdivisions and other
proposed development (including for manufactured home parks and
subdivisions), as per Section 60.3 (b) (3) of the National Flood Insurance
Program regulations. Should all areas of the site be above the base flood
elevations, it should be so noted on the plans. 6. In a riverine situation, the Building Commissioner shall notify adjacent
communities , the National Flood Insurance Program State Coordinator at the
Massachusetts Department of Conservation and Recreation and the National
Flood Insurance Program Specialist at the Federal Emergency Management
Agency, Region I prior to any alteration or relocation of a watercourse and
submit copies of such notifications to the Coordinating Agency Administrator,
as per Section 60.3 (b) (6) of the National Flood Insurance Program Regulations
and Flood Hazard Management Program Model By Laws for Floodplain
Districts, Article III Notification of Watercourse Alteration. 7. Floodway Data. In Zones A, A1-30, and AE, along with 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. 8. Base Flood Elevation Data. Base flood elevation data is required for subdivision
proposals or other developments greater than 50 lots or 5 acres, whichever is the
lesser. 9.2.6 Exceptions. The following exceptions are specifically exempted from Section 9.2:
9-6
1. |
All residential, commercial, business, educational and municipal buildings and
those portions only of their lots therefore needed for such repair, rebuilding,
modifications, or enlargement thereof;
a. existing in the FPOD as of March 7, 1973; or
b. for which building permits were issued prior to March 7, 1973. 2. All buildings referred to above may be repaired, rebuilt, modified or enlarged,
including but not limited to, the addition of garages or living space and
construction of appurtenant use of the building together with such filling, diking,
and/or as may be necessary for the protection of said structures from flooding
consistent with all other laws of the Commonwealth of Massachusetts and this
Section. It should be noted that exceptions to this Section do not constitute
exceptions to appropriate state regulations. 9.2.7 Prohibited Uses. Dumping, filling, excavating or transferring of any material which will reduce
the natural storage capacity of the land, interfere with the patterns of any watercourses or degrade the
quality of surface or ground water within this District is prohibited, except as provided in paragraph
(B) herein and activities that are incidental to flood or mosquito control work performed by and under
the direction of an authorized government agency or activities incidental to the agricultural uses
described in Section 9.2.3. 9.2.7 Land Not Subject. If any land within the FPOD is found by the Board of Appeals not to be
subject to seasonal or periodic flooding and unsuitable drainage conditions, the Board of Appeals, may,
after a public hearing with due notice, approve the use of such land and for the construction and erection
of a building or structure for any purpose permitted in the underlying District, subject, however, to any
other applicable provision of the Zoning By Law. |
Prior to the required public hearing, the Board of
Appeals shall refer the case to the Planning & Zoning Board, the Board of Health, and the Conservation
Commission for their review and report. Such report must be issued within 45 days of receipt of the
question. Failure to respond by any such Board or Commission within the said 45 day limit will be
deemed an approval of any Board or Commission. 9.3 QUESET COMMERCIAL DISTRICT (QCD). 9.3.1 Purpose. The Quest Commercial District (QCD) has been established to promote and regulate
development in the emerging commercial corridor on Washington Street (Route 138) from its
intersection with Route 123 on the north (Belmont Street) to Depot Street on the south. The availability
of sewer capacity from the nearby Queset Commons Chapter 40R project is expected to spur interest
in and development of this area. The other purposes of the QCD are to:
1. Promote public health, safety, and welfare by encouraging creative development
of commercial properties;
2. Preserve community character while enhancing economic opportunity;
3. Establish requirements, standards, and guidelines that will ensure predictable,
fair and cost-effective development review and permitting; and
4. Establish development standards to allow context-sensitive design and creative
site planning. 9-7
9.3.2 Subdistricts. In order to improve the public realm, create a more desirable and attractive district,
and provide incentives for economic development or redevelopment, the QCD has been divided into
three (3) subdistricts as shown on the QCD Map dated April 15, 2015:
1. Subdistrict A is the most advantageous location to add potential additional sewer
capacity, and has other market draws such as access to Route 24 and proximity
to Stonehill College. 2. Subdistrict B is intended to be the connection between Subdistricts A and C and
includes smaller, centrally-located parcels. 3. |
Subdistrict C is intended to have higher densities than Subdistrict B as it is the
other main entrance to the district. 9.3.3 Map. The location and boundaries of the QCD and its subdistricts are shown on the Map entitled
“Queset Commercial District,” prepared by RKG Associates Inc., dated April 15, 2015. The QCD Map
is hereby made a part of the Zoning By-Law. Copies of the QCD Map are available in the office of the
Planning & Zoning Board and the Town Clerk. 9.3.4 Site Plan Approval Required. All new development or redevelopment in the Queset Commercial
District shall be subject to site plan approval pursuant to Section 10.6, herein. In addition to the Criteria
for Evaluation set forth therein, the criteria set forth in Section 7.6 of the “Administrative Rules and
Regulations” of the Easton Planning & Zoning Board shall apply. 9.3.5 Design Standards for Commercial Buildings. The Planning & Zoning Board is hereby
authorized to reasonably regulate building design, including, but not limited to, the following aspects:
building facades and materials; architectural elements; building height and roof lines; building height
transition planes; entrances to the street; use of glass; relation to pedestrian scale. 9.3.6 Design Standards for Landscaping and Site Development. The Planning & Zoning Board is
hereby authorized to reasonably regulate landscaping and site development, including, but not limited
to, the following aspects: location of accessory receptacle or structure; composition of landscaping
irrigation; type and number of required plantings; required open space; sidewalks; crosswalks; street
lights and poles. 9.3.7 Design Standards for Lighting and Utilities. The Planning & Zoning Board is hereby
authorized to reasonably regulate lighting and utilities, including but not limited to, the following
aspects: Type, arrangement, and shielding of lighting; reduction of glare and overspill onto adjacent
properties and into the night sky; underground wiring. |
9.3.8 Design Standards for Off-Street Parking and Loading. The Planning & Zoning Board is
hereby authorized to reasonably regulate off-street parking and loading, including, but not limited to,
the following aspects: number and location of curb cuts and common driveways; location of parking
and loading facilities; design, surface treatment, lighting, and other requirements; interior landscaping
for parking areas; shared parking; sidewalks and pedestrian paths; car stops; bicycle parking facilities. 9.3.9 Waiver of Design Standards. The Planning & Zoning Board may waive any dimensional
requirement (except building height) and design standard set forth in this Section or its “Administrative
Rules and Regulations” of the Easton Planning & Zoning Board upon a determination that such waiver
is in the public interest and not inconsistent with the intent and purpose of this Section. 9-8
9.4 LARGE-SCALE GROUND MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
OVERLAY DISTRICT (SPOD). 9.4.1 Purpose. The purpose of this Section is to facilitate the creation of new Large-Scale Ground-
Mounted Solar Photovoltaic Installations by providing standards for the placement, design,
construction, operation, monitoring, modification and removal of such installations that address public
safety, minimize impacts on environmental, scenic, natural and historic resources and to provide
adequate financial assurance for the eventual decommissioning of such installations. The provisions
set forth in this Section shall apply to the construction, operation, repair, and/or removal of Large-
Scale Ground-Mounted Solar Photovoltaic Installations greater than 250 kW on at least 5 acres of land
in the SPOD. Any installation qualifying as a Large-Scale Ground-Mounted Solar Photovoltaic
Installation shall require Site Plan Review in accordance with Section 10.6 of this By-law. 9.4.2 Definitions. See Section 11.0, “Large-Scale Ground Mounted Solar Photovoltaic Installation
Overlay District.”
9.4.3 Overlay District. |
The Large-Scale Ground-Mounted Solar Photovoltaic Installation Overlay
District, hereinafter referred to as the “SPOD”, is an overlay district that is superimposed over the
underlying zoning districts, as shown on the Zoning Map as set forth on the map entitled “Large-Scale
Ground-Mounted Solar Photovoltaic Installation Zoning Map,” dated May 16, 2011, attached hereto as
Appendix B. This map is hereby made a part of the By-Law and is on file in the Office of the Town
Clerk. 9.4.4 Applicability. This Section applies to Large-Scale Ground-Mounted Solar Photovoltaic
Installations greater than 250 kW that occupy no less than 5 acres of land proposed to be constructed
in the SPOD. This Section also pertains to physical modifications that materially alter the type,
configuration, or size of these installations or related equipment. Such facilities shall be located in the
SPOD and shall be subject to Site Plan Review and the Standards and Requirements contained herein. Site Plan Review shall also be required if there are any physical modifications that materially alter the
type, configuration, or size of these installations or related equipment. 1. Municipal facilities owned, operated by, or developed for and on behalf of the
Town of Easton are allowed as-of-right without Site Plan Review, but must meet
the other requirements of this Section. 2. Smaller scale ground- or building-mounted solar electric installations which are
an accessory structure to an existing residential or non-residential use do not
need to comply with this Section, but require a building permit and must comply
with the other provisions of this By-law as may be applicable. 9.4.5 General Requirements for all Large-Scale Ground-Mounted Solar Photovoltaic
Installations. The following requirements are common to all solar installations to be sited in the
SPOD. 1. Compliance with Laws, Ordinances and Regulations. |
The construction and
operation of all Large-Scale Ground-Mounted Solar Photovoltaic Installations
shall be consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction, electrical, and
communications requirements. All buildings and fixtures forming part of a solar
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installation shall be constructed in accordance with the State Building Code. 2. Building Permit and Building Inspection. No Large-Scale Ground-Mounted
Solar Photovoltaic Installation shall be constructed, installed or modified as
provided in this Section without first obtaining a building permit. 3. Fees. The application for a building permit for a Large-Scale Ground-Mounted
Solar Photovoltaic Installations must be accompanied by the fee required for a
Building Permit [and Special Permit] and as required by Section 10.6, Site Plan
Review. 9.4.6 Site Plan Review. Large-Scale Ground-Mounted Solar Photovoltaic Installations shall undergo
Site Plan Review in accordance with Section 10.6 of this By-law by the Planning & Zoning Board prior
to construction, installation or modification as provided in this Section and shall also meet the
requirements of this Section. Municipal facilities are not subject to Site Plan Review, but must meet
other requirements of this Section including but not limited to the Design and Performance Standards. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to
practice in Massachusetts. The project applicant shall provide the following documents in addition to
or in coordination with those required for Site Plan Review. 1. Site Plan. The Site Plan must include the following:
a. Property lines and physical features, including roads and topography, for
the project site;
b. |
Proposed changes to the landscape of the site, grading, vegetation clearing
and planting, exterior lighting, screening vegetation or structures
including their height;
c. Locations of wetlands, Priority Habitat Areas defined by the Natural
Heritage & Endangered Species Program (NHESP);
d. Locations of Floodplains or inundation areas for moderate or high hazard
dams;
e. Locations of Priority Heritage Landscapes and local or National Historic
Districts;
f. A list of any hazardous materials proposed to be located on the site in
excess of household quantities and a plan to prevent their release to the
environment as appropriate;
g. Blueprints or drawings of the solar installation signed by a Professional
Engineer licensed to practice in the Commonwealth of Massachusetts
showing the proposed layout of the system and any potential shading from
nearby structures;
h. One or three line electrical diagram detailing the solar installation,
associated components, and electrical interconnection methods, with all
National Electrical Code compliant disconnects and overcurrent devices;
i. Documentation of the major system components to be used, including the
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electric generating components, transmission systems, mounting system,
inverter, etc. ;
j. Name, address, and contact information for proposed system installer;
k. Name, address, phone number and signature of the project applicant, as
well as all co-applicants or property owners, if any;
l. The name, contact information and signature of any agents representing
the project applicant;
m. Fire protection measures;
n. Storm drainage, including means of ultimate disposal and calculations;
o. Existing trees 10” caliper or better and existing tree/shrub masses;
proposed planting, landscaping, and screening. Every abutting property
shall be visually screened from the project through any one or
combination of the following location, distance, plantings, existing
vegetation and fencing. |
Said screening is not required to exceed 6 feet in
height and the Applicant shall demonstrate that the proposal provides
visual screening;
p. Certified list of abutters. 2. Site Control. The project applicant shall submit documentation of actual or
prospective access and control of the project site sufficient to allow for
construction and operation of the proposed solar installation. 3. Operation and Maintenance Plan. The project applicant shall submit a plan for
the operation and maintenance of the Large-Scale Ground-Mounted Solar
Photovoltaic Installation, which shall include measures for maintaining safe
access to the installation, stormwater management (consistent with DEP’s
Stormwater Regulations and the Town of Easton’s Stormwater Regulations) and
vegetation controls, as well as general procedures for operational maintenance
of the installation. 4. Zoning. Zoning District designation for the parcel(s) of land comprising the
project site (submission of a copy of a zoning map with the parcel(s) identified
is suitable for this purpose). 5. Insurance. The project applicant shall provide proof of liability insurance. 6. Financial Surety. Applicants of Large-Scale Ground-Mounted Solar
Photovoltaic Installation projects shall provide a form of surety, either through
escrow account, bond or otherwise, to cover the cost of removal in the event the
town must remove the installation and remediate the landscape, in an amount and
form determined to be reasonable by the Planning & Zoning Board, but in no
event to exceed more than 125 percent (125%) of the cost of removal and
compliance with the additional requirements set forth herein, as determined by
the project applicant and the Town. Such surety will not be required for
municipal facilities. The project applicant shall submit a fully inclusive estimate
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of the costs associated with removal, prepared by a qualified engineer. The
amount shall include a mechanism for calculating increased removal costs due
to inflation. 7. |
Utility Notification. No Large-Scale Ground-Mounted Solar Photovoltaic
Installation shall be constructed until evidence has been given to the Planning &
Zoning Board that the utility company that operates the electrical grid where the
installation is to be located has been informed of the solar installation owner or
operator’s intent to install an interconnected customer-owned generator. Off-
grid systems shall be exempt from this requirement. 9.4.7 Dimensional Requirements. 1. Setbacks. For Large-Scale Ground-Mounted Solar Photovoltaic Installations,
front, side and rear setbacks shall be as follows. a. Front yard: The front yard depth shall be at least 100 feet. b. Side yard. Each side yard shall have a depth of at least 75 feet; provided,
however, that where the lot abuts a Residential district, the side yard shall
not be less than 100 feet. c. Rear yard. The rear yard depth shall not be less than 75 feet; provided,
however, that where the lot abuts a Residential district, the rear yard shall
not be less than 100 feet. 2. Appurtenant Structures. All appurtenant structures to Large-Scale Ground-
Mounted Solar Photovoltaic Installations shall be subject to reasonable
regulations adopted by the Planning & Zoning Board after a public hearing
concerning the bulk and height of structures, lot area, parking and building
coverage requirements. All such appurtenant structures, including but not limited
to, equipment shelters, storage facilities, transformers, and substations, shall be
architecturally compatible with each other. Whenever reasonable, structures
should be screened from view by vegetation and/or joined or clustered to avoid
adverse visual impacts. 9.4.8 Design and Performance Standards. 1. Lighting. Lighting of Large-Scale Ground-Mounted Solar Installations shall be
consistent with local, state and federal law. |
Lighting of other parts of the
installation, such as appurtenant structures, shall be limited to that required for
safety and operational purposes, and shall be shielded from abutting properties. Lighting of the Large-Scale Ground-Mounted Solar Photovoltaic Installations
shall be directed downward and shall incorporate full cut-off fixtures to reduce
light pollution. 2. Signage. Signs on Large-Scale Ground-Mounted Solar Photovoltaic Installations
shall comply with Section 6.2. A sign consistent with Section 6.2 shall be
required to identify the owner and provide a 24-hour emergency contact phone
number. Large-Scale Ground-Mounted Solar Photovoltaic Installations shall not
be used for displaying any advertising except for reasonable identification of the
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manufacturer or operator of the solar installation. 3. Utility Connections. Electrical transformers or other utility interconnections
shall be constructed as required by the utility provider and may be above ground
only if necessary. Reasonable efforts shall be made to place all utility
connections from the Large-Scale Ground-Mounted Solar Photovoltaic
Installation underground (if feasible), depending on appropriate soil conditions,
shape, and topography of the site and any requirements of the utility provider. 4. Roads. Access roads shall be constructed to minimize grading, removal of stone
walls or street trees and minimize impacts to environmental or historic resources. 5. Control of Vegetation. Herbicides may not be used to control vegetation at the
Large-Scale Ground-Mounted Solar Photovoltaic Installation. Mowing or the
use of pervious pavers or geotextile materials underneath the solar array is a
possible alternative. 6. Hazardous Materials. |
Hazardous materials stored, used, or generated on site
shall not exceed the amount for a Very Small Quantity Generator of Hazardous
Waste as defined by the DEP pursuant to Mass DEP regulations 310 CMR 30.000
and shall meet all requirements of the DEP including storage of hazardous
materials in a building with an impervious floor that is not adjacent to any floor
drains to prevent discharge to the outdoor environment. If hazardous materials
are utilized within the solar equipment, then impervious containment areas
capable of controlling any release to the environment and to prevent potential
contamination of groundwater are required. 9.4.9 Safety and Environmental Standards. 1. Emergency Services. The Large-Scale Ground-Mounted Solar Photovoltaic
Installation owner or operator shall provide a copy of the project summary,
electrical schematic, and Site Plan to the local Fire Chief, Highway
Superintendent, and Emergency Management Director. Upon request the owner
or operator shall cooperate with local emergency services in developing an
emergency response plan including the training of any municipal first
responders. All means of shutting down the Large-Scale Ground-Mounted Solar
Photovoltaic Installation shall be clearly marked. The owner or operator shall
identify a responsible person for public inquiries throughout the life of the
installation. 2. Land Clearing, Soil Erosion and Habitat Impacts. Clearing of natural vegetation
shall be limited to what is necessary for the construction, operation and
maintenance of the Large-Scale Ground-Mounted Solar Photovoltaic Installation
or otherwise prescribed by applicable laws, regulations, and bylaws. 9.4.10 Monitoring, Maintenance and Reporting. 1. Solar Installation Conditions. The Large-Scale Ground-Mounted Solar
Photovoltaic Installation owner or operator shall maintain the facility in good
condition. Maintenance shall include, but not be limited to, painting, structural
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repairs, and integrity of security measures. |
Site access shall be maintained to a
level acceptable to the local Fire Chief and Emergency Management Director. The owner or operator shall be responsible for the cost of maintaining the solar
installation and any access road(s). 2. Modifications. All material modifications to a Large-Scale Ground-Mounted
Solar Photovoltaic Installation made after issuance of the required building
permit shall require approval by the Planning & Zoning Board. 3. Annual Reporting. The owner or operator of the installation shall submit an
Annual Report demonstrating and certifying compliance with the Operation and
Maintenance Plan required herein and the requirements of this Section and their
approved site plan including control of vegetation, noise standards, and adequacy
of road access. The annual report shall also provide information on the
maintenance completed during the course of the year and the amount of
electricity generated by the facility. The report shall be submitted to the Board
of Selectmen, Planning & Zoning Board, Fire Chief, Emergency Management
Director, Building Commissioner, Board of Health and Conservation
Commission (if Wetlands Permit was issued) no later than 45 days after the end
of the calendar year. 9.4.11 Abandonment or Decommissioning. 1. Removal Requirements. Any Large-Scale Ground-Mounted Solar Photovoltaic
Installation which has reached the end of its useful life or has been abandoned
(see subsection 2, below) shall be removed. The owner or operator shall
physically remove the installation no more than 180 days after the date of
discontinued operations. The owner or operator shall notify the Planning &
Zoning Board by certified mail of the proposed date of discontinued operations
and plans for removal. Decommissioning shall consist of:
a. Physical removal of all Large-Scale Ground-Mounted Solar Photovoltaic
Installations, structures, equipment, security barriers and transmission
lines from the site;
b. |
Disposal of all solid and hazardous waste in accordance with local, state,
and federal waste disposal regulations; and
c. Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner or operator to leave
landscaping or designated below-grade foundations in order to minimize
erosion and disruption to vegetation. 2. Abandonment. Absent notice of a proposed date of decommissioning or written
notice of extenuating circumstances, the Large-Scale Ground-Mounted Solar
Photovoltaic Installation shall be considered abandoned when it fails to operate
for more than one year without the written consent of the Planning & Zoning
Board. If the owner or operator of the Large-Scale Ground-Mounted Solar
Photovoltaic Installation fails to remove the installation in accordance with the
requirements of this section within 180 days of abandonment or the proposed
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date of decommissioning, the town may enter the property and physically remove
the installation at the owner’s expense. 3. Financial Surety. Applicants shall submit documentation of financial surety that
satisfies Section 9.4.6.6. 9.5 MEDICAL MARIJUANA TREATMENT CENTER OVERLAY DISTRICT (MMOD). 9.5.1 Purpose. The purpose of this Section is provide for the placement of Medical Marijuana
Treatment Centers (MMTCs), consistent with the Humanitarian Medical Use of Marijuana Act, G. L.
c. 94C, App. §1-1, et seq., in locations suitable for lawful medical marijuana facilities; and to mitigate
adverse impacts of MMTCs on adjacent properties, residential neighborhoods, historic districts,
schools, playgrounds and other locations where minors congregate by regulating the siting, design,
placement, security, and removal of MMTCs. 9.5.2 Definitions. See Section 11.0, “Medical Marijuana Treatment Center Overlay District.”
9.5.3 Overlay District. |
The Medical Marijuana Dispensary Overlay District, hereinafter referred to
as the “MMOD”, is an overlay district that is superimposed over the underlying zoning districts, as
shown on the Zoning Map and as set forth on the map entitled “Medical Marijuana Dispensary Overlay
District,” dated May 27, 2014, attached hereto as Appendix B. This map is hereby made a part of this
By-Law and is on file in the Office of the Town Clerk. The MMOD shall not limit, preclude or otherwise
affect any uses that are permitted in the underlying zoning district. 9.5.4 General Requirements for all Medical Marijuana Treatment Centers. MMTCs may be
permitted in the MMOD only pursuant to a Special Permit. The Planning & Zoning Board shall be the
Special Permit Granting Authority (SPGA) for a MMTC special permit. The construction and operation
of all Medical Marijuana Treatment Centers shall be consistent with all applicable local, state and
federal requirements, including but not limited to the Humanitarian Medical Use of Marijuana Act,
G.L. c.94C, App. §1-1, et seq. 9.5.5 Location. MMTCs may not be located within 500 feet of the following. The distances under
this subsection is measured in a straight line from the nearest point of the property line of the protected
uses hereinto the nearest point of the property line of the proposed MMTC. :
1. School, including a public or private elementary, vocational, or secondary school
or a public or private college, junior college, or university;
2. Child Care Facility or Day Care Center;
3. Library;
4. Playground;
5. Public Park;
6. Youth and/or recreation center;
7. Public swimming pool;
8. Similar facility in which minors commonly congregate including but not limited
to a place of worship; dance, arts or martial arts studio; or tutoring center. 9. MMTCs may not be located within 1000 feet of another MMTC. 9-15
10. MMTCs may not be located within 200 feet of an existing, legal residential use. |
The distance under this subsection is measured in a straight line from the nearest
point of the legal residential building to the nearest point of the proposed MMTC
building. 9.5.6 Site Plan Review. Medical Marijuana Treatment Centers shall undergo Site Plan Review in
accordance with Section 10.6 by the Planning & Zoning Board prior to construction, installation or
modification and shall also meet the requirements of this Section. The Application for Site Plan Review
shall be submitted with the Application for Special Permit. 9.5.7 Additional Required Documents. In addition to the materials required under Section 10.6, the
applicant shall include:
1. A copy of its registration as an MMTC from the Massachusetts Department of
Public Health (“DPH”);
2. A detailed floor plan of the premises of the proposed MMTC that identifies the
square footage available and describes the functional areas of the MMTC,
including areas for any preparation of MIPs;
3. Design and appearance of proposed buildings, structures, freestanding signs,
screening and landscaping;
4. A description of the security measures, including employee security policies,
approved by DPH for the MMTC;
5. A copy of the emergency procedures approved by DPH for the MMTC;
6. A copy of the policies and procedures for patient or personal caregiver home
delivery approved by DPH for the RMD;
7. A copy of the policies and procedures for the transfer, acquisition, or sale of
marijuana between RMDs approved by DPH;
8. A copy of proposed waste disposal procedures; and
9. A description of any waivers from DPH regulations issued for the RMD. 9.5.8 Special Permit Conditions. The Planning & Zoning Board, acting as the Special Permit
Granting Authority (SPGA) shall impose conditions reasonably appropriate to improve site design,
traffic flow, public safety, protect water quality, air quality, and significant environmental resources,
preserve the character of the surrounding area and otherwise serve the purpose of this Section. |