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2008 Planning Board Annual Town Meeting Articles

The Planning Board has voted to submit the articles below into the warrant for the 2008 Annual Town Meeting.  The articles are: Site Plan Review; Parking; Driveways; Open Space Mixed Use Development (OSMUD) District; and Stormwater Management & Erosion Control.

Site Plan Review

Article

To see if the Town will vote to amend the Zoning Bylaws of the Town of Hopkinton, by deleting item G of Article XX, Site Plan Review, Section 210-136, Decision Criteria, and renumbering item H to item G.

Description

This article would delete a Decision Criterion in the Site Plan Review bylaw which states that before the Planning Board may approve an application for site plan review, all variances or special permits must first be granted by the Board of Appeals.  The criterion would be deleted in order to facilitate a concurrent review process before both boards simultaneously.

Parking

Article

To see if the Town will vote to amend the Zoning Bylaws of the Town of Hopkinton , Article XVII, Supplementary Regulations, Section 210-124, Off-Street Parking, as follows:

1. By deleting the last sentence from the last paragraph of Subsection B(1) and inserting therefor:

In the case of mixed uses on a single lot, the parking requirement shall be the sum of the requirements calculated separately for each area of use, unless a special permit has been issued by the Planning Board pursuant to Section C.

2. By inserting a new Subsection C as follows, and changing the present Subsection C to Subsection D

C.     Shared and Off-Site Parking

(1)   The parking required by the uses located on a lot shall be provided on that lot, unless a special permit has been issued by the Planning Board.  The Planning Board may issue a special permit to:

(a)    Reduce the required number of parking spaces when there will be mixed uses on a lot by activities having clearly different peak demand times;

(b)   Locate some required parking spaces on a separate lot under an agreement between property owners; and

(c)    Locate some required parking spaces in a separate shared parking lot under an agreement between property owners, when the parking lot is shared by mixed uses having clearly different peak demand times.

(2)   Before granting the special permit, the Planning Board shall determine that the provision of parking spaces proposed will be in harmony with the general purpose and intent of this chapter and adequate for all parking needs, and that all parking spaces associated with a use are within practical walking distance.  The Planning Board may issue the special permit with conditions, which may include, but not be limited to, the following:

(a)    A requirement that shared and off-site parking arrangements between property owners be formalized in an instrument that runs with the land and is recorded at the Registry of Deeds;

(b)   That adequate space is set aside on the lot to construct additional parking spaces in the future should the mix of uses and peak demand times change and require additional parking.

Description

Pavement for parking lots can create large expanses of impervious area which generates heat, stormwater runoff and requires significant grading of land.  In some instances, it may be possible to reduce this impact if the Zoning Bylaw contains the flexibility to address commercial sites which have a mix of uses with different peak demand times.  At the present time, the Zoning Bylaw contains parking requirements by gross floor space of use, and where there is a mix of uses, the requirements are cumulative – i.e. the requirement for each separate use is added together to obtain a total parking requirement for all uses on the site.  Sometimes, sites will contain uses with different peak parking demand times.  For example, peak demand for a sit-down restaurant may be in the evening hours, but the peak hours for a coffee shop may be in the morning.  In those instances, requiring a cumulative total of parking spaces for each would likely result in more parking spaces than is necessary to serve the demand.  In other cases, abutting land owners may wish to share a parking lot where there is a mix of uses between the two.

The proposed amendment gives some flexibility to the Zoning Bylaw that would allow the Planning Board to consider these circumstances in a special permit process.  If an owner wishes to, they could apply to the Planning Board for a special permit to reduce the required number of spaces where there will be a mix of uses with different peak demand times, to locate some required spaces on a separate lot, or to share a parking lot with other businesses with different peak demand times.

When considering the applications, the Planning Board must determine that the parking will be adequate for the needs and that all parking spaces are within practical walking distance.  The Planning Board may grant the special permit with conditions, which could include: 1) the arrangement between property owners with respect to shared or off-site parking is formalized and recorded in the Registry of Deeds; and 2) that adequate space is set aside on the lot to build additional parking spaces if the mix of uses and/or peak demand times change, requiring additional parking.

The Off-Street Parking bylaw applies to all parking lots, regardless of zoning district.  The bylaw includes parking requirements for uses which may be located in residential or commercial districts.

Driveways

Article

To see if the Town will vote to amend the Bylaws of the Town of Hopkinton, Chapter 174, Streets and Sidewalks, Article VII Driveways, by inserting in Section 174-27, Regulations, a new Subsection C as follows:

C.     As part of its driveway permit review process, the Department of Public Works (DPW) will ensure that the roadway opening at the public or private way is adequate for proper public safety emergency vehicle access.  The DPW will consult with the Fire Department for its input as it deems necessary.  After issuance of the driveway permit and a Building Permit, the Director of Municipal Inspections will conduct a site visit to review the layout of the driveway once it is roughed in and before project completion, to ensure that it is adequate for proper public safety emergency vehicle access.  The Director of Municipal Inspections shall consult with the Fire Department if it appears that public safety emergency vehicle access may be impaired.  In those instances where the Fire Department has been consulted and determines that a public safety emergency vehicle cannot adequately access the property, the driveway permit holder shall prepare a plan for accommodating safety vehicles that is acceptable to the Fire Department and the Director of Municipal Inspections, and shall be responsible for implementing the plan prior to issuance of an occupancy permit.

Description

The Department of Public Works (DPW) issues driveway permits for new driveway openings.  The proposed provision is intended to incorporate a review process within the permitting procedure that involves review by the Fire Department when there are concerns relative to access by public safety emergency vehicles.  In instances where the Fire Department determines that it cannot adequately access the property, the recipient of a driveway permit must correct the problem.  This provision would only apply to driveway permits issued after the effective date of the bylaw, and is not a zoning bylaw.

Open Space Mixed Use Development (OSMUD) District

Description

This article would amend the Zoning Bylaw by adopting the OSMUD District for the former Weston Nurseries property, and facilitate the development of the land and preservation of the open space as shown on the draft Legacy Farms master plan for the area.  The article would also amend the Zoning Map to show the OSMUD District area, which would be an overlay to the underlying zoning districts (Residence B and Agricultural). 

The overlay district would encompass the entirety of the Legacy Farms area, and include three subdistricts: Residential Subdistrict, Commercial Subdistrict , and Village Center Subdistrict , which would be shown on the zoning map.  The uses that would be allowed in each of the subdistricts are listed in Section 210-165, and the table indicates whether the use would be allowed by right, by special permit, or prohibited.  The bylaw also includes the following:

(1)   The affordable housing section requires that 240 housing units be eligible for inclusion on the State’s Subsidized Housing Inventory (i.e. count toward the Town’s 10% M.G.L. c.40B requirement) with not less than 60 actual affordable units within the 240.  This is because the State regulations provide that all units within a rental development are included on the Subsidized Housing Inventory if it has at least 25% of the units actually affordable.  The bylaw includes a provision stating that if M.G.L. c.40B is no longer in effect or the regulations change such that all of the rental units are not counted on the 40B inventory before a building permit is issued for the project, then a total of 94 affordable units must be provided within the development. 

(2)   The dimensional requirements section establishes lot size, frontage, setback and height requirements for the OSMUD District.  There would be two areas designated on the OSMUD District map (“OSMUD District Height Zone”) where 3 stories/40 feet would be allowed – the area that includes the 240 apartments and the northernmost Commercial Subdistrict .  The dimensional requirements section also requires a 100 ft. setback between buildings in the Commercial Subdistricts and abutting property in residential use outside the OSMUD District which cannot be reduced by the Planning Board.  Subsection D of this section provides for a 100 ft. setback between buildings in the Village Center Subdistrict and land in residential use outside the OSMUD District with the provision that the Master Plan Special Permit may authorize the Planning Board to reduce the setback width if sufficient screening and/or separation is provided.

(3)   The parking section includes some new parking requirements for uses.  These requirements would not apply elsewhere in Hopkinton.  Parking requirements for four uses currently permitted in other zoning districts are proposed to be added to the existing Off-Street Parking section of the Zoning Bylaw, where they would apply townwide. 

(4)   Section 210-170 addresses restricted land and open space, and requires a minimum of 500 acres to be shown on the Master Plan.  A minimum of 470 of the 500 acres must be designated as open space open to public use.  Open space and restricted land will be designated along with Development Projects and/or separately.  The land would be owned by a landowners association, owners of specific lots or areas within the district, a non-profit corporation with a principal purpose of conservation of open space or provision of recreational facilities, or the Town. 

The OSMUD District provides that after the bylaw is adopted, an applicant may apply for a Master Plan Special Permit from the Planning Board, and outlines this procedure in section 210-172.   The Master Plan section describes the minimum contents and submission requirements of the Master Plan.  The Planning Board would adopt more detailed requirements if the bylaw is adopted.  The process for public hearings and filing of decisions is the same as for all special permits, as outlined in M.G.L. c.40A sec. 9.  The bylaw lists approval criteria for the Board in this section as well, which are in addition to the statutory requirements of MGL c.40A sec. 9. 

After the Master Plan is approved, applications for site plan review would be submitted for each of the Development Projects.  The process would be the same as the existing site plan review procedure, but certain aspects would be different:

(1)   The initial construction of residential projects would be subject to site plan review;

(2)   There would be no “Minor Project” category – all would be considered “Major”;

(3)   The OSMUD District bylaw’s decision criteria would supersede the decision criteria in the existing Site Plan Review section;

(4)   A site plan may show permissible building areas, where the mix of uses and some construction details are subject to change. 

The OSMUD District includes design principles in section 210-174.  If a Master Plan Special Permit is issued, the Planning Board would incorporate Design Guidelines within the decision which are based on these principles.  The design of the site plans for Development Projects to follow would need to be consistent with the Design Guidelines.

Article

To see if the Town will vote to amend the Zoning Bylaws of the Town of Hopkinton as follows:

1.      Adopt a new Article XXVI, Open Space Mixed Use Development District, as follows:

ARTICLE XXVI

Open Space Mixed Use Development Overlay District

§210-162.   Development and Design Objectives

The purposes of the Open Space Mixed Use Development Overlay District (OSMUD District) are to balance conservation and development goals and to protect and enhance the character of the natural and cultural resources of the Town, while promoting planned development and appropriate use of land in accordance with community goals and design guidelines.  Toward that end, the OSMUD District is intended to permit the clustering of residential and commercial uses on large tracts of land that have open space as an integral characteristic, and to ensure quality site planning to accommodate a site's physical characteristics, including its topography, vegetation, water bodies, wetlands, open spaces, historic resources and major scenic views. 

§210-163.   District and Sub-District Delineations; Applicability

A.  The OSMUD District is shown on the Official Zoning Map.  The OSMUD District is divided into Residential Subdistricts (R), Commercial Subdistricts (C), and a Village Center Subdistrict (VC), as shown on the Official Zoning Map.

The OSMUD District is an overlay district that is superimposed over the underlying zoning districts.  Development of land within the OSMUD District may be undertaken either pursuant to this Article or pursuant to the provisions of this Chapter applicable to the corresponding underlying zoning district except as otherwise provided in §210-172. 

B.  Notwithstanding any provision of this Chapter to the contrary, development undertaken pursuant to this Article shall not be subject to the following provisions:

1.   Article XVIB, Subdivision Phasing;

2.   §210-125 (Conversion of Residential Property); and

3.   §210-126.1 (Residential Subdivisions of 10 acres or more).

C.  Development undertaken pursuant to this Article shall be subject to the following provisions of this Chapter only to the extent provided for, and as modified by, the provisions of this Article

1.   Article XI, Flexible Community Development Bylaw;

2.   Article XII, Water Resources Protection Overlay District;

3.   Article XVIII, Supplementary Regulations;

4.   Article XIX, Nonconforming Uses; and

5.   Article XX, Site Plan Review.

§210-164.   Definitions

Except as otherwise provided in this section, the definition set forth in §210-4 shall be applicable to all terms used in this Article.  Notwithstanding the forgoing, the following terms, as used in this Article, shall have the meanings indicated:

AFFORDABLE HOUSING – Any Dwelling Units qualifying as low or moderate income housing as defined by regulations of the Department of Housing and Community Development.

BUILDABLE AREA – All area of a Development Project that is not Restricted Land .

COMMERCIAL USES - All uses other than Dwelling Uses and Restricted Land Uses.

COMMUNITY CENTER - A facility for a social, educational, or recreational purpose, intended primarily for the occupants of the Development Project or the OSMUD District, in which food and beverages may be served and live entertainment may be provided, and which may include performance and assembly space and indoor and outdoor recreational facilities.

CONSTRUCTION ACTIVITY - The construction of new structures or site work associated with the construction of new structures.  The term does not include site work not associated with the construction of new structures, the construction of roadways, installation of utilities, restoration and improvement of Restricted Land, additions and improvements to existing structures, or activities involving uses and structures referred to in M.G.L. c.40A §3, to the extent allowed under said section of the General Laws.

CONTINUING CARE RETIREMENT COMMUNITY OR ASSISTED LIVING FACILITY - A facility providing living accommodations and communal facilities for persons over age 62 and that includes at least: a) 24-hour on-site responsible staff; b) a common dining area in which at least one main full meal is served each day; c) optional laundry, housekeeping and personal services available to residents; d) transportation services; and e) common indoor and outdoor passive or active recreational areas.  Such a facility may include: a) a medical or nursing home component; and b) retail sales and services for the convenience of residents, accessible only from inside the facility.

CULTURAL USES - Art gallery; art use; museum; public art display space; arts studio, arts; production studio; or ticket sales undertaken in connection with a cultural use.

DESIGN GUIDELINES - The Design Guidelines for the OSMUD District adopted by the Planning Board as part of the Master Plan Special Permit to govern Site Plan Review within the OSMUD District.

DEVELOPMENT PROJECT - A development undertaken pursuant to this Article, as shown on a site plan submitted to the Planning Board for Site Plan Review. A Development Project may consist of one or more lots and may be located in more than one subdistrict, as long as the applicable requirements of this Article are satisfied with respect to each subdistrict.

DWELLING USE - Use as Dwelling Units as defined in §210-4, but specifically not including residential units that may be part of a Continuing Care Retirement Community, Assisted Living Facility or similar institution.

GREENHOUSE - A building made of a material transparent or partially transparent to light, in which the temperature and humidity can be regulated, and which is used primarily for the cultivation of plants.

HEALTH AND FITNESS CLUB - A private club, whether or not operated for profit, solely for the purpose or providing physical fitness, exercise therapy, rehabilitation or health-related services.

HEIGHT – The vertical distance from the mean finished grade of all sides of building or structure to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs, excluding chimneys, spikes, towers, wireless communication facilities, screens, parapet walls, and other structures, equipment, or projections not used for human occupancy.  In determining the height of buildings within the area designated “OSMUD District Height Zone” on the Official Zoning Map, the area above the mean finished grade and below the floor of the first occupiable story, not to exceed 10 feet, shall be excluded from measurement of height and of stories.

LANDOWNERS’ ASSOCIATION - A corporation, trust or other legal entity owned or controlled by the owners of all lots within the OSMUD District, or by owners of all lots within a specified area within the OSMUD District, as the context permits or requires.

MASTER PLAN - The Master Plan for the OSMUD District as submitted to the Planning Board for approval in a Master Plan Special Permit to be issued pursuant to §210-172.

NEIGHBORHOOD RESTAURANT - A restaurant or eating establishment intended for the use and convenience of the residents of the immediate neighborhood, not to exceed 1,500 square feet of indoor seating, which may also include outdoor seating.

RESTRICTED LAND – Land devoted to uses permitted by §210-170A, which may include (1) open space land left substantially in its natural state; (2) open space land that is restored or landscaped, including irrigation, detention and/or retention ponds or stormwater catchment areas and subsurface utilities; (3) open space land used for agricultural purposes; (4) open space land improved for active and passive recreational uses, including pedestrian, bicycle and equestrian trails; (5) land improved for other municipal uses; (6) food preparation and sales areas, restrooms, parking and access areas, and similar uses, structures or portions thereof, operated in association with other Restricted Land uses; and (7) A total of no more than  30 acres of land, which may be restricted for the benefit of landowners within a particular area of the OSMUD District.  Restricted Land shall not include land set aside for road and/or parking uses that are not accessory to other Restricted Land Uses.

RESTRICTED LAND COVENANT – A legally enforceable restriction or covenant, recorded in the Registry of Deeds and enforceable by the Town, providing that the land subject thereto will remain as Restricted Land in perpetuity.

RETAIL NEIGHBORHOOD STORE - A store, other than a restaurant or eating establishment, not to exceed 2,000 square feet, located in a neighborhood in which merchandise is sold or services provided for the convenience of the occupants of the immediate neighborhood, such as groceries, prepared take-out food, toilet articles, cosmetics, candy, sundries, medications, newspapers, magazines and ice cream 

§210-165.   Uses

A.  No land, structure or building shall be used for any purpose in the OSMUD District, other than as set forth in this section, except as otherwise set forth in this Chapter or otherwise permitted by law.

·        A use is permitted by right in any subdistrict that is denoted by the letter “Y”.

·        A use is prohibited in any subdistrict that is denoted by the letter “N”.

·        A use denoted by the letters “SP” may be permitted by Special Permit from the Planning Board.