SPECIAL TOWN MEETING
MARCH 12, 2007
Pursuant to the provisions of the warrant of February 13, 2007 the inhabitants of the Town of Sharon qualified to vote in town affairs met at the Arthur E. Collins Auditorium at 7:00 P.M.
The meeting was called to order by Moderator Paul E. Bouton. The Moderator said that in the absence of any objection he would assume that there was unanimous consent to waive the reading of the call and return of the warrant by Town Clerk Marlene B. Chused. There was no objection to this request.
The Moderator stated that he is a partner in a law firm representing one of the owners of property involved in this Special Town Meeting. Therefore, he was recusing himself from this Special Town Meeting and would like to have Valerie White serve as Assistant Moderator. Her appointment will end when this Special Town Meeting is dissolved. Mr. Bouton said that in the absence of any objection he would assume that this Special Town Meeting has elected her. There was no objection to this appointment.
Valerie White was sworn in by Town Clerk Marlene B. Chused, as Assistant Moderator and presided in the Auditorium of the Sharon High School. Ms. White appointed Pat Zlotin, Colleen Tuck and Irving Post as Assistant Moderators in the Gymnasium, Cafeteria and Library.
The Moderator said that in the absence of any objection she would assume there was unanimous consent to allow the following non-voters to address the meeting: Dick Gelerman, Mark Mazur, Rob Uyttebroek, Eric Hooper, Peter O’Cain, Dennis Mann, Norma Fitzgerald, Claire Jackson, Greg Meister, Marshall Bradstreet, Ken Caputo, Steve Campbell, Michael Intoccia, Dean Stratouly, Liam Patterson, Corrine Morahan, Richard Rudman and Michael Wang.
VOTED UNANIMOUSLY: That whenever at this Town meeting a majority or two thirds vote is required by statute, by-law or rule of procedure, a count need not be taken, or recorded by the clerk, but may be publicly declared by the moderator. If a vote so declared is immediately questioned by seven or more voters, the count shall be taken, and the vote shall be recorded by the clerk; provided, however, that if the vote is unanimous, a count, need not be taken and the clerk shall record the vote as unanimous.
ARTICLE 1.
MOVED: That the Town vote to amend the Zoning By-Laws of the Town of Sharon, Massachusetts dated June 2005 exactly as printed in the handout entitled "BUSINESS DISTRICT D, AMENDED: MARCH 12, 2007 PROPONENT: board of selectmen", a copy of which is attached to this motion and copies of which have been provided to all persons attending this Special Town Meeting.
That the Town vote to Amend the Zoning Bylaws of the Town of Sharon, Massachusetts dated June 2005 as follows:
Amend Section 2110
Amend Section “2110. Districts” by inserting after the phrase “Business Districts C”, the phrase “Business Districts D”
Replace Section 2213
Delete Section “2213. Site Plan Approval in Business A and C Districts” and replace it with the following:
Replace Section 2320
Delete Section “2320. Business Districts” and replace it with the following:
In Business Districts A, B, and C, residence for one or two families.
Municipal building, religious or educational uses non-profit civic or religious service organizations.
Post office; telephone exchange, provided that there is no service yard or garage.
Religious or educational purposes on land owned or leased by a public body, religious sect or denomination, or non-profit educational corporation in accordance with subjects which zoning may not regulate in accordance with MGL Ch. 40A § 3.
The following uses are permitted subject to the building floor area limitations, parking space thresholds, and performance criteria set forth herein. The uses enumerated hereinafter are permitted provided that (1) the building size does not exceed sixty thousand (60,000) sq. ft. of gross floor area in Business Districts A, B, and C and does not exceed the building floor area limits established for Business District D, (2) that the total number of parking spaces in Business Districts A, B, and C does not exceed one hundred fifty (150), and (3) that uses in Business District D comply with the requirements of Sections 2327, 2328, and 2329.
Business or professional office; bank; medical or dental clinic for out-patients.
Retail stores.
Business services related to the type of business permitted in this district, such as duplication services, newspaper printing, medical or dental laboratories.
In Business District B only, workshops of the following: carpenters, plumbers, or similar artisans primarily working on fixed household installations or cars.
In Business Districts A, B and C, other craftsmen’s shops for the fabrication, alteration or maintenance of hand-portable goods and household furnishings, such as cabinet makers, upholsterers, etc., to be delivered on the premises, and further provided as follows:
(1) that at least twenty-five (25) percent of the floor area of such a permitted shop is devoted to retail sales;
(2) that all such work is done directly for the ultimate consumer;
(3) that no motor in excess of ten (10) horsepower is used.
Places for the preparation and serving of food, provided all customers on the premises are seated at tables or counters.
Preparation and retail sale on the premises of food to be consumed off the premises.
Personal services, such as daycare, barber, beauty shop, health or fitness club, photographer, shoe repair, tailor and funeral parlors.
In Business District A and Business District B only, cleaners, laundries, laundromats, including processing on the premises, provided all such work is done directly for the consumer visiting those premises and provided further that methods of disposal of liquid or gaseous wastes are approved by the Board of Health.
In Business District D, the following:
(2) Theatre and multi-screen movie complex.
(3) Hotel.
(4) Illumination of parking areas pursuant to 2328.
Agriculture, horticulture or floriculture on parcels of more than five (5) acres.
Such accessory purposes as are customarily incident and subordinate to the foregoing purposes, but not including:
In Business Districts A, B, and C, outdoor storage or display of parts, materials or inventory.
Enclosed storage of parts, materials or inventory in excess of the amounts reasonably required for work to be done on the premises or goods to be delivered on the premises.
Drive-in services serving the customer while seated in a car, except for drive-in bank teller windows as authorized above.
Vending machines, unless placed within a building or a parking lot.
Buildings with gross floor area exceeding sixty thousand (60,000) sq. ft.
In Business Districts A, B, and C, parking facilities exceeding one hundred fifty (150) parking spaces.
In Business Districts A, B, and C, theatre, hall or other place of indoor or outdoor amusement.
Clubs operated as a business.
In Business Districts A, B and C, apartments over non-residential establishments as provided in Section 4230.
Drive-in windows for banks.
In Business Districts A, B, and C, illumination of parking areas, or of other outdoor areas used at night, such as a skating rink, or of the exterior of buildings provided that all such illumination shall be shielded so as not to shine upon any property in a residence district.
Accessory scientific use provided that the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
Religious or educational purposes other than those specified by Subparagraph 2322.
In Business District B only, the following:
(1) Gasoline service station; automobile display room.
(2) Outdoor storage and display of goods for sale, whether as a principal or accessory use, but not including second-hand goods or parts, nor bulk goods such as lumber or gravel, provided all outdoor storage and display is screened from side and rear lot lines in the manner described in Subparagraph 3117.
(3) Storage buildings for goods to be repaired or sold at retail directly to the consumer or temporarily stored for the consumer.
In Business C only, artist’s studio or art gallery.
Natural gas custody transfer facilities or gate stations as provided in Section 4700.
The objective of Business District D is to promote lifestyle center development accommodating retail, office and other uses within free-standing structures reflective of traditional New England architectural style in locations where a large development area is available with suitable access to Interstate 95, impacts to neighboring residential areas can be minimized, and adverse traffic and environmental impacts can be mitigated. In connection with the creation of the Business District D and the addition of any land to the Business District D, the Board of Selectmen shall be authorized and directed to seek agreement from the owners of land located in the Business District D concerning public benefits to be provided in connection with proposed development, including without limitation the gift or dedication of land for conservation, education, flood prevention, recreation, water supply, or other public purposes.
All uses and accessory uses permitted or allowed by Special Permit must conform to the objective of the District.
Free standing structures shall be separated by driveways or pedestrian ways. The mass of structures and their architectural style in terms of sloped roofs, fenestration, materials, colors, finishes, lighting, and the style of public amenities such as benches and waste receptacles shall reflect New England’s architectural heritage. Architectural features shall be designed to distinguish individual retail spaces within multi tenant buildings allowing users to distinguish the portion of the building utilized by individual retailers from outside the building. Nearby buildings shall have distinct but harmonious architectural elements. Buildings shall be grouped creating a density of small stores supporting pedestrian traffic. There shall be one or more public spaces with landscaping, hardscape, benches, and other amenities having the appearance of a plaza, a New England village green, or vest pocket parks along a streetscape.
Within Business District D, all uses shall comply with the design standards listed herein. All such standards may be waived as part of the Site Plan Review process.
All buildings shall be “four sided’, i.e. finished on all sides with comparable architectural details and finishes. Loading areas and rooftop equipment shall be neatly organized and thoroughly shielded.
Buildings shall be energy efficient and shall incorporate energy saving devices.
Buildings including small stores shall be laid out within groups the maximum separation between buildings shall be one-hundred (100) feet in order to promote a density of small stores supporting pedestrian traffic. Where more than one group of buildings is located on a lot, the separation between groups shall be sufficient to provide distinct separation and shall include a vegetated planting strip of the maximum practicable width. Design of grading, plantings, and access shall achieve full visual separation between groups of buildings.
The public open space shall have an aggregate area equal to 5 percent of the floor area of the on-site buildings. Open spaces shall have landscaping, hardscape, benches, and other amenities. Turf areas shall be irrigated; however, potable water from the Sharon water system shall not be used for irrigation. Hardscape shall consist of cement concrete, brick, granite block, cobblestone, or stone pavers. Stone or stone veneer shall be used for walls. Curbing surrounding the open space shall be vertical granite curb Type VA4. One tree shall be provided for each fifteen hundred (1,500) sq. ft. of area. Shade trees shall have a minimum caliper of three and one-half (3½) inches and coniferous trees shall have a minimum height of ten to twelve (10 to 12) feet at the time of planting. Plant materials shall be native species where practicable and shall include street trees listed in the Rules and Regulations of the Sharon Planning Board. Pesticides and herbicides shall not be used for landscape maintenance. Pedestrian scale lighting shall be provided to allow full use of the open space at night.
Buildings separated by one-hundred (100) feet or less shall have distinct but harmonious architectural elements. No two such buildings shall be identical with respect to more than 3 of the following: (1) eave height, (2) length of façade, (3) roof pitch, (4) exterior finish material, (5) exterior color, and (6) door and window locations.
All freestanding buildings shall be separated by pedestrian ways or driveways similar in character to village streets.
Pedestrian ways separating buildings shall have a minimum width of twenty (20) feet. Paving shall be cement concrete, brick, granite block, cobblestone, or stone pavers. A minimum of one shade tree shall be planted for each fifteen hundred (1,500) sq. ft. of area within the pedestrian way. Where required by code or recommended by the Fire Department, vehicle access shall be provided along pedestrian ways. Street furnishings including benches, trash receptacles shall be provided along pedestrian ways.
Driveways separating buildings shall have a minimum width of forty-eight (48) feet, and shall provide two twelve (12) foot wide traveled ways, one eight (8) foot wide parking lane, and two eight (8) foot wide sidewalks. At least forty (40) percent of retail stores shall face and have access to driveways. The driveways shall accommodate vehicular traffic and parking and shall be designed with cross sections, geometry, and traffic calming measures sufficient to ensure that vehicles operate at low speed and that pedestrian access dominates vehicle use. Driveways shall have a cross section comparable to a village street with a separate traveled ways for vehicles that is edged with vertical granite curbing. Parking shall be provided along one or both sides of these driveways. Sidewalks shall be provided along both sides of driveways, shall have a minimum width of eight (8) feet, and shall be surfaced with cement concrete, paving brick, or pavers. Parallel parking shall be accommodated on at least one side of driveways.
Parking areas shall be laid out in separate fields with an average size of one-hundred twenty (120) parking spaces and with a maximum size of two-hundred forty (240) parking spaces. Discrete parking fields shall be separated by landscaped areas and shall use grading, layout and other design features to provide visually distinct parking fields. Large unbroken and monotonous parking areas shall be avoided. Parking shall be setback a minimum of twenty (20) feet from property lines, forty (40) feet from on-site building entrances, fifteen (15) feet from on-site building walls not providing entrances to the general public, and seventy-five (75) feet from residential lot lines.
Parking area pavements shall be a three and one-half (3½) inch thick bituminous concrete pavement with a twelve (12) inch thick gravel base. Heavy duty pavement shall be a five (5) inch thick bituminous concrete pavement with a twelve (12) inch gravel base. Heavy duty pavement shall be used in all loading areas and along truck access routes and at principal parking lot drives. Curbing shall be vertical granite type VA4 within one-hundred (100) feet of buildings and vertical granite or precast concrete curb elsewhere.
On-site wastewater treatment plants require adequate funding mechanisms to provide for proper operation and maintenance and for monitoring and testing of the on-site wastewater treatment plant by the Town consistent with the requirements of the Board of Health. Any on-site sanitary sewers shall be subject to on going requirements for leak detection and repair. Buildings shall incorporate water conservation devices including low flow plumbing fixtures including ultra low flow toilets.
Runoff from pedestrian areas, landscape areas, and low volume vehicular areas shall be accommodated using low impact design principals where practicable including pervious pavements, rain gardens, and other proven methods.
All roadways within 3,000 feet of the project site accommodating more than two-hundred (200) vehicle trips per hour generated by sites in the Business District D shall be improved to Collector Street Standards as set forth in the Land Subdivision Rules and Regulations of the Sharon Planning Board. Reconstruction within public ways shall be subject to approval by the Board of Selectmen acting as Street Commissioners. Approval by majority vote of the Board of Selectmen is required for a Concept Plan Submission, a 25 Percent Design Submission and a 100 Percent Design Submission. The content of the 25 Percent Design Submission and the 100 Percent Design Submission shall conform to MassHighway requirements.
No off-site signalized intersection within the Traffic Study Area shall operate below level-of-service D (LOS D) under the Build Plus 5 Year Case as set forth in as defined in 6327b. The proponent shall provide intersection betterments including geometric and traffic control improvements for all intersections in the Traffic Study Area where “Warranted” to achieve LOS D. For unsignalized intersections not meeting MUTCD Warrants or where signalization is not permitted by the Town or agencies having jurisdiction, geometric, pavement marking, and signage improvements shall be provided to mitigate traffic impacts.
Rooftop mechanical equipment shall be visually screened and acoustically buffered. Build Case day-night average sound levels caused by rooftop equipment shall not exceed fifty-five decibels (55 dBs) at the property line.
Replace Section 2460
Delete Section “2460. Business and Professional District Requirements” and replace it with the following:
Business Districts A, B, and C Ten thousand (10,000) sq. ft. for two-family residential use
Eight thousand (8,000) sq. ft. for all other uses
Business District D Fifty-three (53) acres
Professional District Twenty thousand (20,000) sq. ft.
Frontage for residential uses seventy (70) feet
Frontage for all other uses:
Business Districts A, B, and C Seventy (70) feet
Business District D One-thousand (1,000) feet
Professional District Seventy (70) feet
Maximum lot coverage:
In Business Districts A and C: As determined during site plan approval.
In Business District B: Forty (40) percent for residential uses.
Twenty (20) percent for all other uses.
In Business District D Twenty (20) percent excluding parking decks
In Professional Districts: N/A
Minimum Landscaped Open Space Coverage including Natural Vegetation Areas:
Business Districts A and C Thirty (30) percent
Business District B N/A
Business District D Thirty-five (35) percent
Professional District N/A
Landscape and Other Requirements:
(1) Landscape Area Reduction: In Business Districts A and C the total landscaped area including landscaping, screening, pedestrian ways and areas, and bike pathways, may be reduced during site plan review to not less than fifteen (15) percent of the total lot area provided in landscaping, screening, and pedestrian and bike amenities. In approving any reduction, the Board shall determine that the proposed amenities or facilities provide for the public benefit or convenience. The following are typical improvements which shall be deemed as public benefits or convenience in the Business Districts A, and C.
(2) Street Plantings: In Business Districts A, C, and D, plantings are required along the entire street frontage for non-residential uses, except at drives, and except where neither a street setback nor a buffer zone is required. The required plantings should generally be located between the street and the build-to line.
(3) Curb Cuts: Consolidation of curb cuts, either on a single lot or between abutting lots resulting in better traffic circulation and improved traffic safety.
(4) Parking Area Plantings: In Business Districts A, C, and D, landscaping meeting the parking lot standards shall be provided. Trees and soil plots shall be so located as to provide visual relief and wind interruption within the parking area, and to assure safe patterns for internal circulation.
(5) Screening: Dumpsters, refuse areas, and loading bays should be screened from the street and the adjacent businesses. Plantings should be supplemented by an opaque fence or wall at least six (6’) feet tall.
(6) Septic System: The installation of an enhanced treatment capability or the provision by the petitioner of easements and agreements required in order to establish a shared septic system with enhanced treatment capability.
(7) Building and Façade Design: The building should be compatible with the promotion of architecture as described in the Design Guidelines for the Town Center Business District.
Minimum front setback from street sideline:
Business Districts A and C As provided below
Business District B Ten (10) Feet
Business District D Ten (10) feet from the sideline of Route I-95 and fifty (50) feet from Old Post Road.
One hundred (100) feet from all other streets
Professional District N/A
Within Business A and C Districts, a streetwall is defined through the setbacks of structures formed by the build-to line. No building should provide a front setback larger than the average of the front setbacks on lots abutting on either side, with a vacant lot (or a lot having no building within three hundred (300) feet from the building in question), or an intersection street being counted as though occupied by a building providing that required setback.
In Business Districts A, B, and C, this required setback may only be used for landscaping, public seating, circulation, signage and drives. The Board of Appeals can, subject to Special Permit, waive the requirement for a build-to line if this is necessary to provide public area for pedestrian circulation and seating, and to ensure that criteria for site design as identified in the “Design Guidelines for the Town Center Business District” are achieved.
Minimum setback from side or rear lot lines:
Business Districts A, B, and C Twenty (20) feet from lot lines in any Residence District
Ten (10) feet from all other lot lines
Business District D One-hundred (100) feet (setbacks from Route I-95 are considered as front setbacks as set forth above)
Professional District Twenty (20) feet from lot lines in any Residence District
Ten (10) feet from all other lot lines
In Business Districts A and C and in Professional Districts, no setback is required where two buildings are separated by a fire wall meeting the requirements of the Massachusetts State Building Code.
In Business Districts A and C and in Professional Districts, minimum separation between buildings on the same lot is ten (10) feet, except no separation is required where two buildings are separated by a fire wall meeting the requirements of the Massachusetts State Building Code.
In Business District D, separation between buildings on the same lot shall conform to the requirements set forth herein.
(1) Buildings shall be laid out in pedestrian scale groups and the minimum separation between groups of buildings shall be maximized to the extent practicable.
(2) Within a group of buildings, minimum building separation: twenty (20) feet Within a group of buildings, maximum building separation: one-hundred (100) feet
Building height shall be as defined in the Massachusetts Building Code. Residential uses in Business Districts and Professional District shall not exceed three (3) stories or forty (40) feet. All other uses shall not exceed the following limits:
Professional District: three (3) stories or forty (40) feet;
Business District A: three (3) stories or forty-five (45) feet;
Business District D: three (3) stories (excluding mezzanines as defined in the Massachusetts Building Code) or sixty (60) feet and further provided that the height of each story is limited to twenty-four (24) feet for retail and theatre use, to sixteen (16) feet for office use, and to thirteen (13) feet for all other uses.
All other uses: four (4) stories or sixty (60) feet
a. Maximum permitted Floor Area Ratio (FAR): 0.20.
b. Maximum Floor Area Ratio may be increased to 0.25 by Special Permit from the Board of Appeals based upon a finding that the 0.05 FAR increase is consistent with the Special Permit criteria set forth in Section 6313 and with the requirements, design requirements, and performance standards of Sections 2327, 2328, and 2329.
c. No less than fifteen (15) percent of the gross floor area used for retail purposes shall be reserved for retail stores occupying eight thousand (8,000) sq. ft of floor area or less and all retail stores shall have direct access to driveways, pedestrian ways, or parking areas. Not less than ten (10) percent of the total building floor area on each lot shall be planned for business and professional office use.
d. For each lot, the permitted gross floor area of community service and commercial uses shall not exceed four hundred fifty thousand (450,000) sq. ft.
g. In Business District D, there shall be a no cut line extending fifty feet from South Walpole Street. Existing trees shall be supplemented by in planting with evergreen trees and shrubs to create a dense vegetative screen. A 6 foot high unfinished cedar board fence shall be placed approximately 40 feet off the street line to provide supplemental screening when considered appropriate by the Board of Appeal pursuant to 6320.
Amend Section 3111
Amend Section “3111. Number of Parking Spaces Required” by inserting after the phrase “For bowling alleys: two (2) parking spaces per bowling alley” the following:
In Business District D:
Hotel One (1) parking space per room or suite.
Business and professional office Four (4) parking spaces per one-thousand (1,000) sq. ft. of gross floor area
Amend Section 3114
Amend Section “3114. Location and Width of Curb Cuts” by deleting the last paragraph and replacing it with the following:
No curb cut shall be less than twelve (12) feet or more than thirty (30) feet in width. For business uses, curb cut width may be increased as part of Site Plan Review based upon standard traffic engineering practice.
Replace Section 4230
Delete Section “4230. Apartments in Business Districts” only and replace it with the following without changes to subsections 4231 through 4236 thereof.
Replace Paragraph 4531c
Delete paragraph 4531c and replace it with the following:
c. municipal sewage treatment facilities (Publicly Owned Treatment Works), not including sewer lines, pump stations and other accessory sewer system equipment used to transport sewage to treatment facilities located outside of the Water Resources Protection District;
Replace Paragraph 4531d
Delete paragraph 4531d and replace it with the following:
d. sewage treatment plants, except in Business District D on-site wastewater treatment provided that it is authorized by a Groundwater Discharge Permit and a Treatment Works Construction Permit as set forth in 2329 and provided that the wastewater treatment plant does not accept industrial wastewater as defined in 310 CMR 15.004(5) and that adequate funding mechanisms are in place to provide for proper operation and maintenance and for monitoring and testing;
Replace Paragraph 4532a
Delete paragraph 4532a and replace it with the following:
Replace Paragraph 4532d
Delete paragraph 4532d and replace it with the following:
Replace Section 4534
Delete Section “4534. Stormwater Management” and replace it with the following:
Delete paragraph 4535 and replace it with the following:
The natural vegetation area shall be located so as to maximize the distances between impervious surfaces or on-site disposal systems and any surface water body or municipal well. This section shall not apply to the proposed activities involving residential structures of four families or less or uses or structures accessory thereto, nor shall it apply to any otherwise permissible use on a lot of 40,000 square feet or less.
Amend Article V
Amend “Article V. Definitions” by inserting after the definition of “Floor Area, Habitable” the following:
Amend Section 6220
Amend Section “6220. Powers” by inserting following the last section thereof new sections as follows:
Replace Section 6234
Delete Section “6234. Review Fees” and replace it with the following:
Add Section 6240
Insert following 6236b, a new section as follows:
To assist in fulfilling its responsibilities for Site Plan Review, the Board of Appeal shall appoint a Design Review Committee which shall serve at the will of the Board of Appeal. The Design Review Committee shall serve in an advisory capacity and shall provide guidance and counsel to the Board of Appeals with respect to architectural, site design, landscape, signage, aesthetic, and visual quality concerns. Persons appointed to the Committee shall be selected based upon ability and competence to advise the Board of Appeal on architectural, site design, landscape, signage, aesthetic, and visual quality matters and may have education in the disciplines of architecture, landscape architecture, art, graphic arts, and related fields. The Design Review Committee shall consist of five (5) members. Minutes of all meeting shall be submitted to the Board of Appeals for review. Reports to the Board of Appeal shall be submitted upon majority vote of the Design Review Committee.
Amend Section 6313
Amend Section “6313” be renumbering paragraphs “j”, ”k”, ”l”, and ”m” as paragraphs “k”, “l”, “m”, and “n” respectively and by inserting after paragraph “i. Measures to minimize adverse impacts on public and private water supplies” the following:
j. If within Business District D, the extent to which buildings exceeding the gross floor area and footprint limitations of 2466 satisfy the requirements, design requirements, and performance standards of 2327, 2328, and 2329 in a manner comparable to buildings permitted by 2322 and 2323.
Replace Section 6320
Delete Section “6320. Site Plan Approval” and replace it with the following:
Site Plan Review (SPR)
Major Site Plan Review (MSPR)
a. Site Plan Review (SPR) is required for the following projects:
(1) In Business District B and Light Industrial Districts, site plan for projects exceeding ten (10) acres.
(2) In Light Industrial Districts, site plan for any motel, hotel or motor truck sales and service facility, regardless of plan area.
(3) In Business District A, site plan for projects with more than twenty (20) parking spaces on one lot or in one shared parking area, the criteria established in Section 6335 for site plan review shall be used in lieu of those identified for residential area in Section 6324.
(4) In Professional Districts, site plans for all projects other than one single family home on a lot.
b. Major Site Plan Review (MSPR) is required for the following projects.
(1) In Business Districts D, site plans for all projects.
Within ten (10) days following receipt of a duly submitted site plan, the Board of Appeals shall transmit one copy thereof to the Design Review Committee, Planning Board, Board of Health, and Conservation Commission. The Design Review Committee, Planning Board, Board of Health, and Conservation Commission shall investigate the case and report in writing their recommendations to the Board of Appeals. The Design Review Committee, Planning Board, Board of Health, and Conservation Commission may seek pertinent information from other Town officials or boards and may request additional information from the applicant. The Board of Appeals shall not take final action on said plan until it has received a report thereon from the Design Review Committee, Planning Board, Board of Health, and Conservation Commission, or until forty-five (45) days have elapsed after receipt of such plan without submission of a report thereon. In reaching its decision, the Board of Appeal shall fully consider the recommendations set forth in these reports and shall accord particular weight to reports identifying significant adverse impacts that cannot be avoided, minimized, or mitigated.
To facilitate review of an application for a Site Plan, the Board of Appeal may engage outside consultants in accordance with 6340.
Consultants may be engaged to review any or all components of the site plan submission or any offsite improvements proposed in conjunction with the project. For projects requiring issuance of State or Federal permits, the Board of Appeal may select a peer review consultant to review submissions to the State or Federal agency and to represent the Town before these agencies to protect the Town’s interests.
a. Applicants are encouraged to submit a sketch plan of proposed projects prior to formal site plan submission.
b. Site plan submissions shall be prepared by a multidisciplinary team. The drawings shall be signed and sealed by a Massachusetts civil professional engineer (PE), a Massachusetts professional land surveyor (PLS), and a Massachusetts registered landscape architect (RLA).
c. Site plans shall include a cover sheet, layout sheet, grading and drainage sheet, traffic control sheet, landscaping sheet, lighting sheet, photometric sheet, construction details sheet, a construction phasing sheet, and a sedimentation and erosion control sheet.
d. Site plans shall conform to the requirements of the Board with respect to scale, dimensions, legend, form and preparation acceptable to the Board. The Board may promulgate submission standards and requirements for site plan submission. Site plans shall be drawn at a suitable scale and layout shall be tied to the Mass State Coordinate System and elevations shall be on North American Vertical Datum (NAVD 88).
e. Existing conditions shall be based on an on the ground survey based on fieldwork performed no more than two years prior to submission.
f. Said site plan shall show, among other things, all existing and proposed buildings and structures and their uses, means of building egress, parking areas, access drives, loading areas, refuse and other waste disposal facilities and dumpsters, driveway openings, driveways, service areas and all other open space areas, zoning summary table, accessible parking spaces, and accessible routes.
g. Existing and proposed grading shall be shown with one foot contours and spot grades. Earthwork quantities, geotechnical investigations, and foundation engineering reports shall be provided as required by the Board of Appeal.
h. Site plan shall show all facilities for sanitary sewer collection systems, wastewater treatment systems, stormwater management systems, stormwater collection systems, water storage and supply systems, fire protection systems, site lighting, lighting and pole details, lighting photometric, and cable utility systems.
i. Site plans shall include landscape plan and detail sheets showing all hardscape and planting elements. Site lighting fixture locations shall be shown for coordination purposes. Use of native plant materials is encouraged. Plants included on the Massachusetts Department of Agriculture’s Massachusetts Prohibited Plant List shall not be used. The drawings shall show the quantity, location, species, and height or caliper of all trees and shrubs and the species, size, and quantity of all groundcovers. Construction details shall be provided for all structures and hardscape elements and planting details shall be provided for coniferous and deciduous trees and shrubs of each size.
j. Drainage calculations and a narrative report shall be submitted detailing runoff under existing predeveloped conditions and under future post development conditions and should identify changes in the peak rate and total volume of stormwater runoff for the 1, 2, 10, 25, and 100 year frequency storm events.
k. Architectural plans and elevations for all structures shall be submitted, signed and sealed by a Massachusetts Registered Architect (RA).
l. A complete sign package shall be submitted including all advertising and way finding signage. All wall signs and free standing signs shall be shown. Sign plans and details shall show locations, dimensions, colors, materials, finishes, methods of illumination and illumination levels, and methods of structural support.
m. In addition, the Board of Appeal will establish a “Scope” detailing the design, fiscal, environmental, and community issues to be evaluated based upon the likely impacts of the proposed project. In establishing the Scope, the Board shall consider the comments of Town Boards and officials having special expertise in the issues being evaluated. The Scope of each study shall be proportional to the significance of related impacts on the site and Town.
b. A traffic study conforming to the EOEA/EOTC Guidelines EIR/EIS Traffic Impact Assessment (1989). The Traffic Study Area (TSA) shall encompass all intersections within three thousand feet of the project boundary, all major intersections whose peak hour traffic volumes are increased by 200 or more vehicle trips, and other locations included in the Scope established by the Board of Appeal. Traffic shall be evaluated for the Existing Case, the No-Build Plus 5 Year Case, and for the Build Plus 5 Year Case. The No-Build Plus 5 Year Case is defined as conditions existing five years following issuance of all required approvals under this Bylaw including required Site Plan Approval, Special Permit, or variance excluding project generated traffic. The Build Plus 5 Year Case is defined as conditions existing with full build out and occupancy of the project five years following issuance of all required approvals under this Bylaw including required Site Plan Approval, Special Permit, or variance including all project generated traffic. Level-of-service shall be determined in accordance with the Transportation Research Board’s Highway Capacity Manual. Trips shall be distributed and traffic assigned to specific facilities using origins and destinations set forth in a market study prepared for the project. In the absence of a market study, the Board of Appeal may require that a market study be submitted or may require that origins and destinations be established through a gravity model.
d. In addition, the Board of Appeal will establish a “Scope” detailing the design, fiscal, environmental, and community issues to be evaluated based upon the likely impacts of the proposed project. In establishing the Scope, the Board shall consider the comments of Town Boards and officials having special expertise in the issues being evaluated. The Scope of each study shall be proportional to the significance of related impacts on the site and Town. Analyses may include any of the following:
(1) Construction impacts and truck traffic shall be provided for sites disturbing over 5 acres.
(2) Acoustical studies shall be provided where roof top mechanical equipment is proposed or where the proposed use will generate noise when said building or use is within 500 feet of residences.
(3) Air quality studies shall be provided where intersections in the traffic study area will operate at level-of-service E or F.
(4) Groundwater flow including geohydro models and aquifer recharge studies where on-site wastewater disposal exceeds 5,000 gallons per day or where more than 40,000 sq ft. of impervious material will be placed within a Water Resource Protection District.
(5) Visual quality and aesthetic studies shall be provided for projects exceeding 60,000 sq. ft. of gross floor area.
(6) Fiscal impact and property tax studies shall be provided for projects exceeding 60,000 sq. ft. of gross floor area.
(7) Infrastructure studies shall be provided for projects exceeding 60,000 sq. ft. of gross floor area.
a. The extent to which the site plan protects adjoining premises and on-site residential uses against any possible detrimental or offensive uses on the site, including unsightly or obnoxious appearance;
b. The extent to which the site plan provides convenient and safe vehicular and pedestrian movement within the site, and in relation to adjacent street, property or improvements;
c. The extent to which the site plan provides adequate methods of disposal for sewage, refuse or other wastes resulting from the uses permitted or permissible on the site, the methods of drainage for surface water, and of provisions for the removal of snow from circulation and parking areas;
d. The extent to which the site plan provides adequate parking and street loading facilities;
e. The extent to which the site plan promotes public safety in terms of adequate fire and police protection and access.
f. If within the Surface Water Resource Protection District, the extent to which the site plan incorporates measures to minimize cumulative impacts on Lake Massapoag and its tributary streams, including consideration of nitrate-nitrogen loadings. All related information to be provided and distributed by the applicant.
g. If within the Ground Water Resource Protection District, , the extent to which the site plan incorporates measures to minimize cumulative impacts on municipal water supplies, including consideration of nitrate-nitrogen loadings. All related information to be provided and distributed by the applicant.
h. If within Water Resource Protection Districts, the extent to which earthwork minimizes impacts on groundwater resources.
a. The extent to which the site plan fulfills the objective of the Business District D to provide a New England village style development accommodating retail, office and uses otherwise permitted within free-standing residential scale structures.
b. The extent to which proposed structures reflect New England’s architectural heritage.
c. The extent to which nearby buildings have distinct but harmonious architectural elements.
d. The extent to which the site plan provides grouped buildings that are visually distinct and separate.
e. The extent to which high quality landscape elements and amenities are provided within the public open spaces within building groups.
f. The extent to which each parking field is visually distinct and the extent to which unbroken and monotonous expanses of pavement are avoided.
g. The extent to which roadways serving the site conform to Collector Street Standards.
h. The extent to which annual recharge for the Build Case exceeds annual recharge for the Existing Case.
i. The extent to which peak hour levels-of-service at intersections within the Traffic Study Area operate at level-of-service D or higher under the Build Plus 5 Year Case.
j. The extent to which on site wastewater treatment allows groundwater to meet Massachusetts Drinking Water Standards at the property line.
k. The extent to which rooftop mechanical equipment shall be visually screened and acoustically buffered and to which day-night average sound levels caused by this equipment do not exceed fifty-five decibels (55 dBs) at the property line.
Add Section 6340
Insert following 6337b, a new section as follows:
Applicants shall reimburse the Town for the fees and expenses of outside consultants engaged by the Board of Appeal. Fees shall be paid prior to inception of each phase of the work. Escrow accounts shall be replenished within 7 days following receipt of notice. Failure to pay fees in accordance with the aforesaid shall be deemed to constitute withdrawal of the project. Fees shall be deposited in a special account established by the Town Treasurer pursuant to MGL. C. 44 § 53G. These funds may only be expended only for the purposes described in Section 4.02 above, and in compliance with the Uniform Procurement Act, M.G.L. c 30B, §§ 1-19. Within thirty (30) days of completion of the project or of withdrawal the proposal, applicants shall receive a final report of funds in the special account and shall be paid any unspent excess in the account, including accrued interest. The Town Accountant shall submit annually a report of the special account to the Board of Selectmen and Executive Secretary Town Administrator for review and for publication in the Sharon Annual Report.
Review related fees will only be imposed if the work constitutes peer review of materials prepared on behalf of the applicant and not of independent studies performed on behalf of the Board; if he work is performed in connection with the applicants’ specific projects; and if the findings and reports are made part of the public record.
Procurement of outside consultant services shall comply with the Uniform Procurement Act, M.G.L., c. 30B, s. 1-19, and with the following additional requirements:
(1) the applicant shall be given five (5) days’ notice and opportunity to attach written comments to the invitation for bids or request for proposals;
(2) at least three (3) bona fide bids or proposals shall be solicited; and
(3) the applicant shall be given five (5) days’ notice and opportunity to comment on all bids or proposals prior to the selection of the consultant and the award of a contract.
Consultants shall be qualified and where applicable duly licensed to evaluate specific issues before the Board. Bona fide bids or proposals shall include: the name of each person performing the work, the educational and professional credentials of each person performing the work; the work experience of each person performing the work; a description of the work to be performed; the hourly rate charged by each person performing the work; and all other expenses to be incurred. Any invitation for bids or request for proposals shall indicate that award of the contract is contingent upon payment of a review fee. If the applicant fails to pay the review fee within ten (10) days of receiving written notification of selection of a bidder or offer, the Board may deny the comprehensive permit.
Fees assessed pursuant to this section shall be reasonable in light of: the complexity of the proposed project as a whole; the complexity of particular technical issues; the number of housing units proposed; the size and character of the site; the projected construction costs; and fees charged by similar consultants in the area. Generally fees will not exceed amounts that would be expended by the Town to review a comparable project.
Prior to paying the review fee, applicants may appeal selection of a particular consultant to the Board of Selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist either of an educational degree in or related to the field at issue or three (3) or more years of practice in the field at issue or a related field. The required time limits for action upon the application by the Board shall be extended by the duration of the appeal. In the event that no decision is made by the Board of Selectmen within one (1) month following the filing of the appeal, the selection made by the Board shall stand.
MOTION: To call the question. MODERATOR DECLARED MOTION OUT OF ORDER.
REPORT OF PLANNING BOARD.
MOTION: To call the question. CARRIED.
VOTED: That the Town amend the Zoning By-Laws of the Town of Sharon, Massachusetts dated June 2005 exactly as printed in the handout entitled "BUSINESS DISTRICT D, AMENDED: MARCH 12, 2007 PROPONENT: board of selectmen", a copy of which is attached to this motion and copies of which have been provided to all persons attending this Special Town Meeting.
That the Town Amend the Zoning Bylaws of the Town of Sharon, Massachusetts dated June 2005 as follows:
Amend Section 2110
Amend Section “2110. Districts” by inserting after the phrase “Business Districts C”, the phrase “Business Districts D”
Replace Section 2213
Delete Section “2213. Site Plan Approval in Business A and C Districts” and replace it with the following:
Replace Section 2320
Delete Section “2320. Business Districts” and replace it with the following:
In Business Districts A, B, and C, residence for one or two families.
Municipal building, religious or educational uses non-profit civic or religious service organizations.
Post office; telephone exchange, provided that there is no service yard or garage.
Religious or educational purposes on land owned or leased by a public body, religious sect or denomination, or non-profit educational corporation in accordance with subjects which zoning may not regulate in accordance with MGL Ch. 40A § 3.
The following uses are permitted subject to the building floor area limitations, parking space thresholds, and performance criteria set forth herein. The uses enumerated hereinafter are permitted provided that (1) the building size does not exceed sixty thousand (60,000) sq. ft. of gross floor area in Business Districts A, B, and C and does not exceed the building floor area limits established for Business District D, (2) that the total number of parking spaces in Business Districts A, B, and C does not exceed one hundred fifty (150), and (3) that uses in Business District D comply with the requirements of Sections 2327, 2328, and 2329.
Business or professional office; bank; medical or dental clinic for out-patients.
Retail stores.
Business services related to the type of business permitted in this district, such as duplication services, newspaper printing, medical or dental laboratories.
In Business District B only, workshops of the following: carpenters, plumbers, or similar artisans primarily working on fixed household installations or cars.
In Business Districts A, B and C, other craftsmen’s shops for the fabrication, alteration or maintenance of hand-portable goods and household furnishings, such as cabinet makers, upholsterers, etc., to be delivered on the premises, and further provided as follows:
(1) that at least twenty-five (25) percent of the floor area of such a permitted shop is devoted to retail sales;
(2) that all such work is done directly for the ultimate consumer;
(3) that no motor in excess of ten (10) horsepower is used.
Places for the preparation and serving of food, provided all customers on the premises are seated at tables or counters.
Preparation and retail sale on the premises of food to be consumed off the premises.
Personal services, such as daycare, barber, beauty shop, health or fitness club, photographer, shoe repair, tailor and funeral parlors.
In Business District A and Business District B only, cleaners, laundries, laundromats, including processing on the premises, provided all such work is done directly for the consumer visiting those premises and provided further that methods of disposal of liquid or gaseous wastes are approved by the Board of Health.
In Business District D, the following:
(2) Theatre and multi-screen movie complex.
(3) Hotel.
(4) Illumination of parking areas pursuant to 2328.
Agriculture, horticulture or floriculture on parcels of more than five (5) acres.
Such accessory purposes as are customarily incident and subordinate to the foregoing purposes, but not including:
In Business Districts A, B, and C, outdoor storage or display of parts, materials or inventory.
Enclosed storage of parts, materials or inventory in excess of the amounts reasonably required for work to be done on the premises or goods to be delivered on the premises.
Drive-in services serving the customer while seated in a car, except for drive-in bank teller windows as authorized above.
Vending machines, unless placed within a building or a parking lot.
Buildings with gross floor area exceeding sixty thousand (60,000) sq. ft.
In Business Districts A, B, and C, parking facilities exceeding one hundred fifty (150) parking spaces.
In Business Districts A, B, and C, theatre, hall or other place of indoor or outdoor amusement.
Clubs operated as a business.
In Business Districts A, B and C, apartments over non-residential establishments as provided in Section 4230.
Drive-in windows for banks.
In Business Districts A, B, and C, illumination of parking areas, or of other outdoor areas used at night, such as a skating rink, or of the exterior of buildings provided that all such illumination shall be shielded so as not to shine upon any property in a residence district.
Accessory scientific use provided that the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
Religious or educational purposes other than those specified by Subparagraph 2322.
In Business District B only, the following:
(1) Gasoline service station; automobile display room.
(2) Outdoor storage and display of goods for sale, whether as a principal or accessory use, but not including second-hand goods or parts, nor bulk goods such as lumber or gravel, provided all outdoor storage and display is screened from side and rear lot lines in the manner described in Subparagraph 3117.
(3) Storage buildings for goods to be repaired or sold at retail directly to the consumer or temporarily stored for the consumer.
In Business C only, artist’s studio or art gallery.
Natural gas custody transfer facilities or gate stations as provided in Section 4700.
The objective of Business District D is to promote lifestyle center development accommodating retail, office and other uses within free-standing structures reflective of traditional New England architectural style in locations where a large development area is available with suitable access to Interstate 95, impacts to neighboring residential areas can be minimized, and adverse traffic and environmental impacts can be mitigated. In connection with the creation of the Business District D and the addition of any land to the Business District D, the Board of Selectmen shall be authorized and directed to seek agreement from the owners of land located in the Business District D concerning public benefits to be provided in connection with proposed development, including without limitation the gift or dedication of land for conservation, education, flood prevention, recreation, water supply, or other public purposes.
All uses and accessory uses permitted or allowed by Special Permit must conform to the objective of the District.
Free standing structures shall be separated by driveways or pedestrian ways. The mass of structures and their architectural style in terms of sloped roofs, fenestration, materials, colors, finishes, lighting, and the style of public amenities such as benches and waste receptacles shall reflect New England’s architectural heritage. Architectural features shall be designed to distinguish individual retail spaces within multi tenant buildings allowing users to distinguish the portion of the building utilized by individual retailers from outside the building. Nearby buildings shall have distinct but harmonious architectural elements. Buildings shall be grouped creating a density of small stores supporting pedestrian traffic. There shall be one or more public spaces with landscaping, hardscape, benches, and other amenities having the appearance of a plaza, a New England village green, or vest pocket parks along a streetscape.
Within Business District D, all uses shall comply with the design standards listed herein. All such standards may be waived as part of the Site Plan Review process.
All buildings shall be “four sided’, i.e. finished on all sides with comparable architectural details and finishes. Loading areas and rooftop equipment shall be neatly organized and thoroughly shielded.
Buildings shall be energy efficient and shall incorporate energy saving devices.
Buildings including small stores shall be laid out within groups the maximum separation between buildings shall be one-hundred (100) feet in order to promote a density of small stores supporting pedestrian traffic. Where more than one group of buildings is located on a lot, the separation between groups shall be sufficient to provide distinct separation and shall include a vegetated planting strip of the maximum practicable width. Design of grading, plantings, and access shall achieve full visual separation between groups of buildings.
The public open space shall have an aggregate area equal to 5 percent of the floor area of the on-site buildings. Open spaces shall have landscaping, hardscape, benches, and other amenities. Turf areas shall be irrigated; however, potable water from the Sharon water system shall not be used for irrigation. Hardscape shall consist of cement concrete, brick, granite block, cobblestone, or stone pavers. Stone or stone veneer shall be used for walls. Curbing surrounding the open space shall be vertical granite curb Type VA4. One tree shall be provided for each fifteen hundred (1,500) sq. ft. of area. Shade trees shall have a minimum caliper of three and one-half (3½) inches and coniferous trees shall have a minimum height of ten to twelve (10 to 12) feet at the time of planting. Plant materials shall be native species where practicable and shall include street trees listed in the Rules and Regulations of the Sharon Planning Board. Pesticides and herbicides shall not be used for landscape maintenance. Pedestrian scale lighting shall be provided to allow full use of the open space at night.
Buildings separated by one-hundred (100) feet or less shall have distinct but harmonious architectural elements. No two such buildings shall be identical with respect to more than 3 of the following: (1) eave height, (2) length of façade, (3) roof pitch, (4) exterior finish material, (5) exterior color, and (6) door and window locations.
All freestanding buildings shall be separated by pedestrian ways or driveways similar in character to village streets.
Pedestrian ways separating buildings shall have a minimum width of twenty (20) feet. Paving shall be cement concrete, brick, granite block, cobblestone, or stone pavers. A minimum of one shade tree shall be planted for each fifteen hundred (1,500) sq. ft. of area within the pedestrian way. Where required by code or recommended by the Fire Department, vehicle access shall be provided along pedestrian ways. Street furnishings including benches, trash receptacles shall be provided along pedestrian ways.
Driveways separating buildings shall have a minimum width of forty-eight (48) feet, and shall provide two twelve (12) foot wide traveled ways, one eight (8) foot wide parking lane, and two eight (8) foot wide sidewalks. At least forty (40) percent of retail stores shall face and have access to driveways. The driveways shall accommodate vehicular traffic and parking and shall be designed with cross sections, geometry, and traffic calming measures sufficient to ensure that vehicles operate at low speed and that pedestrian access dominates vehicle use. Driveways shall have a cross section comparable to a village street with a separate traveled ways for vehicles that is edged with vertical granite curbing. Parking shall be provided along one or both sides of these driveways. Sidewalks shall be provided along both sides of driveways, shall have a minimum width of eight (8) feet, and shall be surfaced with cement concrete, paving brick, or pavers. Parallel parking shall be accommodated on at least one side of driveways.
Parking areas shall be laid out in separate fields with an average size of one-hundred twenty (120) parking spaces and with a maximum size of two-hundred forty (240) parking spaces. Discrete parking fields shall be separated by landscaped areas and shall use grading, layout and other design features to provide visually distinct parking fields. Large unbroken and monotonous parking areas shall be avoided. Parking shall be setback a minimum of twenty (20) feet from property lines, forty (40) feet from on-site building entrances, fifteen (15) feet from on-site building walls not providing entrances to the general public, and seventy-five (75) feet from residential lot lines.
Site lighting shall be designed with lower illumination levels consistent with IESNA recommended practice. Light trespass shall be limited to 0.5 foot candles at the property line and there shall be no point sources of light visible from adjacent streets and properties. Pole heights shall be limited to twenty-four (24) feet in parking areas and to sixteen (16) feet within fifty (50) feet of on-site buildings. Pole height within 500 feet of Route I-95 may be increased to 34 feet provided they are not visible from any residence. All lighting fixtures shall be dark skies compliant and shall limit upward projecting light.
Parking area pavements shall be a three and one-half (3½) inch thick bituminous concrete pavement with a twelve (12) inch thick gravel base. Heavy duty pavement shall be a five (5) inch thick bituminous concrete pavement with a twelve (12) inch gravel base. Heavy duty pavement shall be used in all loading areas and along truck access routes and at principal parking lot drives. Curbing shall be vertical granite type VA4 within one-hundred (100) feet of buildings and vertical granite or precast concrete curb elsewhere.
On-site wastewater treatment plants require adequate funding mechanisms to provide for proper operation and maintenance and for monitoring and testing of the on-site wastewater treatment plant by the Town consistent with the requirements of the Board of Health. Any on-site sanitary sewers shall be subject to on going requirements for leak detection and repair. Buildings shall incorporate water conservation devices including low flow plumbing fixtures including ultra low flow toilets.
Runoff from pedestrian areas, landscape areas, and low volume vehicular areas shall be accommodated using low impact design principals where practicable including pervious pavements, rain gardens, and other proven methods.
Within Business District D, all uses shall comply with the following performance standards listed herein. All such standards may be waived as part of the Site Plan Review process. Performance standards shall be evaluated for the Build Plus 5 Year Case as defined in 6327b.
All roadways within 3,000 feet of the project site accommodating more than two-hundred (200) vehicle trips per hour generated by sites in the Business District D shall be improved to Collector Street Standards as set forth in the Land Subdivision Rules and Regulations of the Sharon Planning Board. Reconstruction within public ways shall be subject to approval by the Board of Selectmen acting as Street Commissioners. Approval by majority vote of the Board of Selectmen is required for a Concept Plan Submission, a 25 Percent Design Submission and a 100 Percent Design Submission. The content of the 25 Percent Design Submission and the 100 Percent Design Submission shall conform to MassHighway requirements.
No off-site signalized intersection within the Traffic Study Area shall operate below level-of-service D (LOS D) under the Build Plus 5 Year Case as set forth in as defined in 6327b. The proponent shall provide intersection betterments including geometric and traffic control improvements for all intersections in the Traffic Study Area where “Warranted” to achieve LOS D. For unsignalized intersections not meeting MUTCD Warrants or where signalization is not permitted by the Town or agencies having jurisdiction, geometric, pavement marking, and signage improvements shall be provided to mitigate traffic impacts.
On-site wastewater generation exceeding six (6) gallons per day per one-thousand (1,000) sq. ft. of lot area and on-site wastewater treatment plants treating domestic wastewater are only permitted pursuant to issuance of a Groundwater Discharge Permit by the Massachusetts Department of Environmental Protection and a Treatment Works Construction Permit by the Sharon Board of Health. Within Aquifer Protection Districts groundwater shall meet or exceed Massachusetts Drinking Water Standards at the property line.
Rooftop mechanical equipment shall be visually screened and acoustically buffered. Build Case day-night average sound levels caused by rooftop equipment shall not exceed fifty-five decibels (55 dBs) at the property line.
Replace Section 2460
Delete Section “2460. Business and Professional District Requirements” and replace it with the following:
Business Districts A, B, and C Ten thousand (10,000) sq. ft. for two-family residential use
Eight thousand (8,000) sq. ft. for all other uses
Business District D Fifty-three (53) acres
Professional District Twenty thousand (20,000) sq. ft.
Frontage for residential uses seventy (70) feet
Frontage for all other uses:
Business Districts A, B, and C Seventy (70) feet
Business District D One-thousand (1,000) feet
Professional District Seventy (70) feet
Maximum lot coverage:
In Business Districts A and C: As determined during site plan approval.
In Business District B: Forty (40) percent for residential uses.
Twenty (20) percent for all other uses.
In Business District D Twenty (20) percent excluding parking decks
In Professional Districts: N/A
Minimum Landscaped Open Space Coverage including Natural Vegetation Areas:
Business Districts A and C Thirty (30) percent
Business District B N/A
Business District D Thirty-five (35) percent
Professional District N/A
Landscape and Other Requirements:
(1) Landscape Area Reduction: In Business Districts A and C the total landscaped area including landscaping, screening, pedestrian ways and areas, and bike pathways, may be reduced during site plan review to not less than fifteen (15) percent of the total lot area provided in landscaping, screening, and pedestrian and bike amenities. In approving any reduction, the Board shall determine that the proposed amenities or facilities provide for the public benefit or convenience. The following are typical improvements which shall be deemed as public benefits or convenience in the Business Districts A, and C.
(2) Street Plantings: In Business Districts A, C, and D, plantings are required along the entire street frontage for non-residential uses, except at drives, and except where neither a street setback nor a buffer zone is required. The required plantings should generally be located between the street and the build-to line.
(3) Curb Cuts: Consolidation of curb cuts, either on a single lot or between abutting lots resulting in better traffic circulation and improved traffic safety.
(4) Parking Area Plantings: In Business Districts A, C, and D, landscaping meeting the parking lot standards shall be provided. Trees and soil plots shall be so located as to provide visual relief and wind interruption within the parking area, and to assure safe patterns for internal circulation.
(5) Screening: Dumpsters, refuse areas, and loading bays should be screened from the street and the adjacent businesses. Plantings should be supplemented by an opaque fence or wall at least six (6’) feet tall.
(6) Septic System: The installation of an enhanced treatment capability or the provision by the petitioner of easements and agreements required in order to establish a shared septic system with enhanced treatment capability.
(7) Building and Façade Design: The building should be compatible with the promotion of architecture as described in the Design Guidelines for the Town Center Business District.
Minimum front setback from street sideline:
Business Districts A and C As provided below
Business District B Ten (10) Feet
Business District D Ten (10) feet from the sideline of Route I-95 and fifty (50) feet from Old Post Road.
One hundred (100) feet from all other streets
Professional District N/A
Within Business A and C Districts, a streetwall is defined through the setbacks of structures formed by the build-to line. No building should provide a front setback larger than the average of the front setbacks on lots abutting on either side, with a vacant lot (or a lot having no building within three hundred (300) feet from the building in question), or an intersection street being counted as though occupied by a building providing that required setback.
In Business Districts A, B, and C, this required setback may only be used for landscaping, public seating, circulation, signage and drives. The Board of Appeals can, subject to Special Permit, waive the requirement for a build-to line if this is necessary to provide public area for pedestrian circulation and seating, and to ensure that criteria for site design as identified in the “Design Guidelines for the Town Center Business District” are achieved.
Minimum setback from side or rear lot lines:
Business Districts A, B, and C Twenty (20) feet from lot lines in any Residence District
Ten (10) feet from all other lot lines
Business District D One-hundred (100) feet (setbacks from Route I-95 are considered as front setbacks as set forth above)
Professional District Twenty (20) feet from lot lines in any Residence District
Ten (10) feet from all other lot lines
In Business Districts A and C and in Professional Districts, no setback is required where two buildings are separated by a fire wall meeting the requirements of the Massachusetts State Building Code.