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Town of Westborough, MA - Zoning By-Laws 34 Main Street, Westborough, MA 01581 ph: (508) 366-3030 Town of Westborough, MA fx: (508) 366-3099 Zoning By-Laws Web Pages and Documents: Web Page Details Size ZONING INDEX http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_INDEX(05-10).p14K ZONING http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_1100-1700(05-152Kpdf 1100-1700 ZONING http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_2100-2200(05-120Kpdf 2100-2200 ZONING 2300 http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_2300(5-10).pdf88K ZONING http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_2400-2600(05-143Kpdf 2400-2600 ZONING 3100-3340 http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_3100-3340(05-145Kpdf ZONING http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_4100-4300(05-140Kpdf 4100-4300 ZONING 4400-4500 http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_4400-4500(05-140Kpdf ZONING http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_4700-4800(05-159Kpdf 4700-4800 ZONING http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_4900(05-10).pd22K 4900 ZONING 5000 http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_5000(05-10).pd39K ZONING http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_5100(05-10).pd15K 5100 ZONING 5200 http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_5200(5-10).pdf28K ZONING http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_5300(5-10).pdf36K 5300 ZONING http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_5400(05-10).pd20K 5400 ZONING 5500 http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_5500(05-10).pd19K ZONING ART 5 http://westboroughma.virtualtownhall.net/public_documents/westboroughma_ zoningbylaws/ZONING_ART_5_DEFINITIONS(05-10).pdf38K DEFINITIONS http://www.town.westborough.ma.us/Public_Documents/WestboroughMA_ZoningB yLaws/?textPage=1[5/12/11 12:39:40 PM] TOWN OF WESTBOROUGH ZONING BYLAWS DATED FEBRUARY 2, 1990 With Amendments through May 17, 2010 PAGE ARTICLE 1. ADMINISTRATION AND PROCEDURE 1100. Purpose ------------------------------------------------------------- 1 1200. Administration----------------------------------------------------- 2 1300. Board of Appeals-------------------------------------------------- 9 1400. Amendments ------------------------------------------------------12 1500. Separability--------------------------------------------------------12 1600. Applicability ------------------------------------------------------12 1700. Effective Date-----------------------------------------------------12 ARTICLE 2. DISTRICT REGULATIONS 2100. Establishment of Districts---------------------------------------13 2200. Use of Regulations -----------------------------------------------15 2300. Use Regulations Schedule---------------------------------------16 2400. Nonconforming Uses --------------------------------------------19 2500. Dimensional Regulations----------------------------------------21 2600. Dimensional Regulations Schedule----------------------------22 ARTICLE 3. GENERAL REGULATIONS 3100. Parking and Loading Requirements----------------------------26 3200. Environmental Controls -----------------------------------------27 3300. Sign Regulations--------------------------------------------------29 ARTICLE 4. SPECIAL REGULATIONS 4100. Earth Moving Regulations --------------------------------------35 4200. Multi-Family Dwellings-----------------------------------------39 4300. Open Space Community-----------------------------------------39 4400. Accessory Uses and Structures ---------------------------------42 4500. Flood Plain District ----------------------------------------------44 4700. Aquifer & Watershed Protection District ---------------------50 4800. Special Permits for Adult Uses---------------------------------58 4900. Downtown Planning Overlay District (DPOD) --------------62 5000. Transit Oriented Village for Special Permit in Industrial C Zone-------------------------------------------------65 5100. Gateway 2 District -----------------------------------------------71 5200. Multi-Family Housing in the Highway Business District---72 5300. Senior Living Overlay (SLO)-----------------------------------76 5400. Industrial D Overlay District (ID)------------------------------80 5500. Mixed Use District (MUD) -------------------------------------82 ARTICLE 5. DEFINITIONS-------------------------------------------------------84 ARTICLE 1 ADMINISTRATION AND PROCEDURE 1100. PURPOSE The purpose of this bylaw is to promote the health, safety, convenience, amenity and general welfare of the inhabitants of the Town of Westborough, through encouraging the most appropriate use of land, as authorized by Chapter 40A of the General Laws; and in particular, lessen congestion in the streets to conserve health, secure safety from fire, flood panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to encourage housing for people of diverse income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; and to preserve and increase amenities by the promulgation of regulations to fulfill said objectives. Said regulations may include but are not limited to restricting, prohibiting, permitting or regulating: l. Uses of land, including wetlands and lands deemed subject to seasonal or periodic flooding; 2. Size, height, bulk, location and use of structures, including buildings and signs except that billboards, signs and other advertising devices are also subject to the provisions of Sections 29 through 33, inclusive, of Chapter 93 (General Laws), and to Chapter 93D; 3. Uses of bodies of water, including water courses; 4. Noxious uses; 5. Areas and dimensions of land and bodies of water to be occupied or unoccupied by uses and structures, courts, yards and open spaces; 6. Density of population and intensity of use; 7. Accessory facilities and uses, such as vehicle parking and loading, landscaping and open space; and 8. The development of the natural, scenic and aesthetic qualities of the community. 1 1200. ADMINISTRATION 1210. Building Inspector. This bylaw shall be administered by the Selectmen through a Building Inspector. His duties shall consist of obtaining all routine information, issuing zoning and occupancy permits, and, in general, administering this bylaw under the control and direction of the Board of Selectmen. The Building Inspector shall be notified by the Board of Selectmen as to the granting or refusal of any application over which he may have jurisdiction. 1220. Permits Required. No structure shall be erected or externally altered without a Building Permit having been issued by the Building Inspector. No land or buildings shall be occupied or changed from one use category of Section 2300 to another without an occupancy permit having been issued by the Building Inspector. No such permits shall be issued for construction or use in violation of any provision of this Bylaw. 1230. Permit Application. Applications for permits for construction shall be accompanied by two prints of a plan of the lot, drawn to scale, showing the actual dimensions of the lot, exact location and size of any existing or proposed buildings, and streets and ways adjacent to the lot. Where such are involved, any parking areas for six or more cars and their means of egress, and any required screening or landscaping, shall also be shown. 1240. Site Plan Review. Findings - Procedures. The Board of Selectmen shall review site plans for development prior to approval of application for Building Permits for all uses specified in Section 2200, Use Regulations, and which involve six (6) or more parking spaces; to make findings and determinations in regard to such cases in conformity with Section 1241 of this Bylaw. In such cases, the permitted use shall be allowed only if the Board of Selectmen make a finding and determination that the placement of existing and proposed buildings, existing and proposed topography, structure, parking spaces, loading areas, driveway openings, driveway, service areas, other open uses, park or recreation area and screening, all facilities for water, sewage, refuse and other waste disposal and for surface water drainage, storm drainage and all landscape features (such as walks, fences, walls, planting areas and green belts) will constitute a suitable development and will not result in substantial detriment to the neighborhood. No building, located in any district, except residential districts, within 2500 feet of the Rotary, or no building, if involving six (6) or more parking spaces, shall be erected or externally enlarged, and no area for roadways, parking, loading or open space shall be established or changed on land developed under the provisions of this Section except in conformity with a site plan bearing the endorsement of approval of the Board of Selectmen. No certificate of zoning compliance 2 shall be issued for any such building or buildings, unless the same conforms in all respects to such site plan and unless all facilities included in the site plan have been in accordance therein. No building in any district, except in residential districts, with 2500 feet of the Rotary shall be erected except as provided in Section 1245 of this bylaw. No building in any district except residential districts, within 2500 feet of the Rotary shall be externally altered except in conformance with Design Review approval prior to issuance of any required permits. Single and two family residential uses shall be exempt from this Bylaw. Buildings where external changes are not proposed are exempt from the provisions of this Bylaw. 1241. Design Requirements. The Selectmen shall approve a site plan only upon their determination of the following: a. Internal circulation and egress are such that traffic safety is protected, and access via minor streets servicing single-family homes is minimized and the convenience and safety of vehicular and pedestrian movement in relation to adjacent streets and intersections are protected; b. Visibility of parking areas from public ways is minimized; c. Adequate access to each structure for fire and service equipment is provided, based on the functional standards of the Planning Board's Subdivision Regulations; d. Utilities and drainage in the vicinity either are or will be made adequate, based on the functional standards of the Planning Board's Subdivision Regulations; e. Lighting of parking areas avoids glare on adjoining properties; f. Major topographic changes or removal of existing trees are minimized; g. In or abutting Residential Districts, effective use is made of topography, landscaping and building placement to maintain, to the degree feasible, the character of the neighborhood; h. Parking requirements of Section 3100 have been satisfied; i. Provisions of the Wetland Protection Act (Massachusetts General Laws Chapter 131) will be satisfied if applicable; j. All other requirements of the Zoning Bylaws have been satisfied; k. Estimated waste water effluent in gallons per day and type of effluent is provided with the Site Plan application. 1242. Drawing Requirements. Plans subject to site plan review shall show the boundaries of the lot, existing and proposed topography, existing buildings and proposed buildings, structure, parking, park or recreation area, screening, water, 3 sanitary sewage, storm drainage, loading areas, driveway openings, driveways, service area and landscape features (such as walls, fences, walks, planting area and green belts). 1243. Submission of Plans. A person applying for site plan review shall file with the Building Inspector eight (8) plans of the lot. He shall forward one (1) each to the Board of Selectmen, the Planning Board, the Westborough Treatment Plant Board, the DPW Manager, the Fire Department, the Conservation Commission and the Board of Health for this review. Such application and site plan shall include the elements on which the Board of Selectmen is to make a finding and determination, as provided in Section 1240 and shall also include information as to the nature and extent of the proposed use of buildings, and such further information in respect to such elements and use required in Sections 2200, 2300, 2500 and 2600, if applicable. In subsequent application concerning the same subject matter, the Board may waive the filing of plans and documents to the extent they duplicate those previously filed. 1244. Procedures of the Board of Selectmen. The Board of Selectmen shall not make a finding and determination upon an application until it has received the final reports of the different Boards listed in Section 1243 or until thirty (30) days shall have elapsed since the transmittal of said copies of the application and site plans to the Boards, etc., without such report being submitted. The Board of Selectmen shall hold a public hearing within sixty-five (65) days of receiving the application and shall take final action within thirty (30) days of the hearing, it nonetheless being the intention of this Bylaw that the Board of Selectmen shall act as expeditiously as is practical on such application. Such final action shall consist of either: a. A finding and determination that the proposed construction, reconstruction, substantial exterior alteration, or addition will constitute a suitable development and will not result in substantial detriment to the neighborhood, or b. A written denial of the application for such finding and determination, stating the reasons for such denial, which reasons shall include a statement of the respect in which any elements in and particular features of the proposal are deemed by the Board to be unsuitable or detrimental to the neighborhood. c. A finding and determination may be made subject to such reasonable conditions, modifications and restrictions set forth therein as the Board may deem necessary to ensure that the proposed construction, reconstruction, substantial exterior alteration or addition will constitute a suitable development and will not result insubstantial detriment to the neighborhood. 4 d. In the event that no action is taken by the Board of Selectmen on or before the thirty (30) day period, it shall be deemed that the site plan is approved. In the event that the Board of Selectmen approves a site plan under these provisions, any construction, reconstruction, substantial exterior alteration or addition shall be carried on only in conformity with any conditions, modifications and restrictions subject to which the Board shall have made its findings and determination, and only in conformity with the application and site plan on the basis of which the finding and determination are made. 1245. Design Review For the Downtown Westborough: A. Purpose It is the intent of this section to provide detailed review of exterior structural design and/or exterior alterations having substantial impact on any district, except residential districts, within 2500 feet of the Rotary to prevent blight; to enhance the natural aesthetic qualities of the Town; to preserve the value of land and buildings; and to protect and preserve the historic and cultural aspects and heritage of the Town. Within Downtown Westborough, Design Review approval shall be by the Design Review Boards and its procedural requirements and design criteria of Section 1245 D. B. Design Review Board The Design Review Board shall be appointed annually by the Planning Board and shall consist of five (5) residents of the Town with the following credentials, is possible: 1. Chairman of the Planning Board or his/her designee; 2. One person qualified by training and experience in architecture or landscape design; 3. One person owning business property in the area governed by this bylaw; 4. One person qualified by training and experience in the graphic arts or design professions; 5. One member of the Historic Commission. The Planning Board may also appoint up to two (2) voting alternate members who shall be citizens at large. At least one (1) of these alternates shall be a business owner in the area governed by this bylaw. C. Applicability and Authority The Design Review Board shall review applications for Design Review, as 5 appropriate, submitted pursuant to Section 1200. It shall evaluate such requests based on Design Criteria in Section D below. Its written findings shall be submitted to the applicant along with any recommendations and conditions required for approval within 30 days from the request for design revisions. Such findings shall contain explanation and rationale as appropriate. Conditions of approval shall be to the appropriate permitting advisory authority. 1. Organization and Proceedings - The Design Review Board shall elect from among its members a Chairman, Vice-Chairman and Clerk. The Design Review Board shall adopt such rules and guidelines as are considered necessary to the conduct of its responsibilities which shall be a matter of public record. The Board shall keep records of its proceedings and the final decision of the Board. Records shall also be kept of all plans, photographs and any other documents pertaining to each case, as well as a examinations, findings determinations, and any other official action, including all reasons for all decisions and conditions prescribed; and all such items shall be a matter of public record. Decisions of the Design Review Board shall be by a simple majority and no final action shall be take without the concurrence of at least a majority of the members. 2. Duties and Procedures of Design Review Board - Whether or not requested by the applicant, the Design Review Board shall review applications for building permits, site plan review, special permits or variances for all proposals for any district except residential districts within 2500 feet of the Rotary if involving new construction or exterior alteration. A copy of all usual submittals required for such proposals shall be provided through the Building Inspector. The Design Review Board review shall preferably be done in consultation with the applicant or their designer. The Design Review Board shall make (an advisory) a report in writing to the applicant as follows: (a.) Building Permits: To the Building Inspector regarding any exterior design changes. (b.) For Site Plan Review: To the Site Plan Review authority regarding the effect of the design on abutters and the neighborhood. (c.) For Special Permits: To the Special Permit Granting authority regarding effect of the amenity on the neighborhood. (d.) For Variances: To the Board of Appeals regarding possible detriment to the public good or derogation from the intent or purpose of the bylaw. Lack of a report from the Design Review Board shall not be sufficient reason to delay action on a proposal which otherwise could be acted upon by the Building 6 Inspector, Site Plan Review Authority, Special Permit Granting Authority, or Board of Appeals. D. Design Criteria The Design Review Board shall review requests for external alterations and new construction. Designs shall comply with all the requirements of the appropriate permitting authority. In addition, where appropriate designs, as required by the permitting authority, shall comply with the following criteria: 1. Plans. Submittals shall include structural footprint and architectural elevations of all proposed buildings. Plans shall provide details responding to all elements outlined in item 3, below, and all other elements of the proposal as shall be requested by the Design Review Board. 2. Preservation and enhancement of landscaping. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed area. 3. Relation of buildings to environment. The proposed development shall be related harmoniously to the terrain and to the design, scale, and architecture of existing buildings in the surrounding area that have visual relationship to the proposed buildings, insofar as practical. Proposed buildings shall be related to their surroundings with respect to: (a.) Street facade and exterior walls visible from public ways. (b.) Variations and breaks in wall and/or roof planes. (c.) Materials, textures and color (d.) Roof slopes and materials The appearance of primary wall and roof materials should match, to a degree reasonably consistent, that of materials commonly found on existing buildings within the Westborough downtown. (e.) Scale Domestic scale should be produced through massing devices such as breaks in wall and roof planes and through design of architectural features. (f.) The building should not be made, in effect, a sign, through painting with bold patterns, checks, logos or other graphic devices, use of lighting or use of unconventional building form. (g.) External lighting (h.) External windows 7 4. Open Space. All open space, landscaped and usable, shall be designed to add to the visual amenities of the area by maximizing, insofar as practical, its visibility for persons passing the site or overlooking it from nearby properties. 5. Heritage. Proposals to remove or disrupt historic or traditional structures, or architectural elements shall be minimized. 6. Cost. The Design Review Board shall be obligated to be sensitive to the potential financial burden to the applicant. E. Design Guidelines The Design Review Board shall make available to the public as part of the building permit package, a booklet of guidelines based on the specific Design Criteria cited above to carry out the purposes of this section. The Design Review Board shall adopt such recommendations and guidelines as are considered necessary to the conduct of its responsibilities which shall be a matter of public record. 1250. Penalty. Whoever violates any provision of this Bylaw, or any of the conditions under which a building or occupancy permit is issued, or any decision rendered by a Permit Granting Authority or Special Permit Granting Authority under the provisions of this Bylaw, shall be liable to a fine of not more than one hundred dollars ($100.00) for each violation. Each day that such violation continues shall constitute a separate offense. 1260. Enforcement. If the Board of Selectmen shall be informed, or have reason to believe, that any provision of this Bylaw or of any permit or decree there under has been, is being, or is likely to be violated, they shall make or cause an investigation to be made of the facts, including an inspection of the property where the violation may exist, and, if they find any violation, they shall give immediate notice in writing to the owner or his duly authorized agent and to the occupant of the premises and shall order that any violation of the provisions of this Bylaw shall immediately cease. If, after such notice and order, such violation continues, or if any owner, agent or occupant fails to obey any lawful order of the Board of Selectmen with respect to any violation or any use contrary to the provisions of this Bylaw, the Board of Selectmen shall forthwith revoke any permit issued for the occupation of the premises, may make complaint to the Superior Court or any court of competent jurisdiction for an injunction or order restraining the further use of the premises, and shall take such other action as is necessary to enforce the provisions of this Bylaw. In the event the Building Inspector is requested in writing to enforce the Zoning Bylaw and he declines to do so, he shall notify in writing the party requesting such enforcement of any action or refusal to act and the reasons therefore within 8 fourteen (14) days of receipt of the request. 1300. BOARD OF APPEALS A Zoning Board of Appeals is hereby established under the provision of Section 12 of Chapter 40A as amended (General Laws) consisting of three (3) members and two (2) associate members who shall be appointed and act in all matters under this Bylaw in the manner prescribed by Chapter 40A of the General Laws as amended. They shall have the following powers: (1) 1310. Appeals. To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official under the provisions of Chapter 40A, General Laws, or taken by any officer or Board of the Town, or taken by any person aggrieved by any order or decision of the Building Inspector or other administrative official in violation of any provision of Chapter 40A, General Laws, or by this Bylaw; and, in any case, in accordance with Section 8 of Massachusetts General Laws Chapter 40A. (1) Except that a Highway Business District BA and BA(f), ID, and MUD , Special Permits and Appeals shall be head and decided by the Planning Board unless stated elsewhere in these zoning bylaws. 1320. Variances. To authorize upon appeal, or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or Bylaw where such permit granting authority specifically finds that owing to circumstances relating to said conditions, shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district in which it located, a literal enforcement of the provisions of the ordinance of Bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant 9 and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or Bylaw. Except where local ordinances or Bylaws shall expressly permit variances for use, no variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located; provided however, that such variances properly granted prior to January first, nineteen hundred and seventy-six but limited in time, may be extended on the same terms and conditions that were in effect for such variance upon said effective date. The Board of Appeals is hereby authorized to grant use variances conditioned upon the satisfaction of the criteria for the granting of variances in this section. The permit granting authority may impose conditions, safeguards and limitations, both of time and use, including the continued existence of any particular structures but excluding any condition, safeguards or limitations based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner. If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, they shall lapse, and may be re-established only after notice and a new hearing pursuant to this section. 1330. Special Permits. a. To hear and decide applications for Special Permits for exceptions as provided in this Bylaw, subject to any general or specific rules therein contained, and subject to appropriate conditions or safeguards "and limitations on time or use," imposed by the Board. Special Permits may be granted unless, because of a condition peculiar to the particular case but not generally true for similar permitted uses on other sites in the same district, it appears that nuisance, hazard or congestion will be created, or for other reasons there will be substantial harm to the neighborhood or derogation from the intent of the Bylaw. In the event any Special Permit required under this Bylaw or amendment thereto requires specific findings of the Board as described in Section 9 of General Laws Chapter 40A, such a finding is mandatory to the granting of such exception. b. A Special Permit granted under these Bylaws pursuant to Section 9 of General Laws Chapter 40A as amended, shall lapse within six (6) months, subject however to the provisions of said Section 9 of General Laws Chapter 40A, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. 10 c. The Board of Appeals shall hold a public hearing on any appeal, application or petition within sixty-five (65) days after the filing of an application with the Board of Appeals. 1340. Prescribed Time for Action and Procedure. If the special permit granting authority shall fail to take final action within ninety (90) days of the required public hearing, or the permit granting authority (variances) shall fail to act within seventy-five (75) days after the date of the filing of an appeal, application or petition, then the petition shall be deemed approved subject to the following requirements: The petitioner, after the expiration of the aforesaid period shall file with the Town Clerk a copy of his petition and an affidavit stating the date of the public hearing and the failure of the authority to render a decision within the required time. Upon receipt of the petition and affidavit, the Town Clerk shall give notice of the filing to those persons entitled to a notice of the decision under Chapter 40A, Section 15, General Laws. The filing of a petition and affidavit in the office of the Town Clerk shall be deemed the equivalent of the filing of a decision for purposes of judicial appeals provided for under Chapter 40A, Section 17, General Laws. If no appeal is taken within the required statutory period, then the Town Clerk shall furnish the petitioner with a certified copy of the petition and affidavit together with a certificate that no appeal has been filed; all of which shall be recorded in the manner prescribed under Chapter 40A, Section 15, General Laws, in lieu of the documents required to be recorded under that Section. 1350. Filing of Decisions. Variances and Special Permits must be recorded in the Registry of Deeds with the conditions imposed thereon prior to any construction or use there under. 1360. Repetitive Petitions. Repetitive appeals, applications or petitions to the Board of Appeals or other applicable Special Permit Granting Authority shall be limited and subject to the provisions of Section 16 of Chapter 40A as amended, General Laws. 1400. AMENDMENTS This Bylaw may from time to time be changed by amendment, addition or repeal by the Town Meeting in the manner provided in Section 5 of Massachusetts General Laws Chapter 40A, as amended, and Massachusetts General Laws Chapter 40, Section 32, as 11 amended. 1500. SEPARABILITY The invalidity of any section or provisions of this Bylaw shall not invalidate any other section or provisions of this Bylaw. Where there exists any conflict between the provisions of this Zoning Bylaw and Chapter 40A as amended, General Laws, the provisions of Chapter 40A shall control. `1600. APPLICABILITY Where the application of this Bylaw imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants or agreements, the provisions of this Bylaw shall control. 1700. EFFECTIVE DATE The effective date of the adoption of this Zoning Bylaw or any amendments to it, shall be the date on which such adoption or amendments were voted upon by Town Meeting. Upon its effective date, this Bylaw shall supersede the Zoning Bylaw and all amendments to it previously in effect. NOTE: All Bylaws and amendments to it still must be submitted to the Attorney General for approval and said approval must be made public pursuant to General Laws Chapter 40, Section 32. 12 ARTICLE 2 DISTRICT REGULATIONS 2100. ESTABLISHMENT OF DISTRICTS 2110. For the purposes of this Bylaw, the Town of Westborough is hereby divided into the following zoning districts: Residential Rural Residential.............................................R60 Single Residential...........................................R Neighborhood Residential ..............................R15 Garden Apartment...........................................AA High Rise Apartment......................................AB Business Highway Business...........................................BA Downtown Business .......................................BB (1) Gateway 2 ..............................................G2 Industrial Exclusive Industrial ........................................IA General Industrial ...........................................IB Mixed Use Industrial .....................................IC (5) Industrial D Overlay ......................................ID (6) Conservation ..............................................C (2) State, MDC and Municipal District........................M Town-owned Property. . . . .....................................M-1 Adult Entertainment. . . ..........................................AE (3) Downtown Planning Overlay District.....................DPOD (4) Senior Housing Overlay..........................................SLO(7) Mixed Used District ..............................................MUD (8) ------------ (1) All areas zoned Business lying within 2,500 feet of the intersection of the center lines of Milk, Main and South Streets. (2) To be established by vote of Town Meeting only on land owned by the Commonwealth of Massachusetts, the Town of Westborough, one of their agencies, or land on which the Conservation Commission hold a Conservation Restriction under Section 3 33, Chapter 184, General Laws. 13 (3) Adult uses in accordance with Section 4800 Special Permits for Adult Uses. (4) In accordance with Section 4900, Special Permits for Downtown Planning Overlay Districts shall be issued by the Planning Board. (5) In accordance with Section 5000, Transit Oriented Village by Special Permit in in Industrial C Zone shall be issued by the Planning Board. (6) In accordance with Section 5100 Special Permits in the Gateway 2 District. (7) In accordance with Section 5300, Special Permits for the Senior Housing Overlay District shall be issued by the Planning Board. (8) In accordance with Section 5500 Special Permits for Mixed Use District. 2120. Official Zoning Map. The boundaries of these districts are defined and bounded on the latest adopted revision of the "Zoning Map of the Town of Westborough, Massachusetts" being hereby declared to be a part of this Bylaw. 2130. Dimension Lines. Except when labeled to the contrary, boundary or dimension lines shown approximately following or terminating at street, railroad, or utility easement center or layout lines, boundary of lot lines, or the channel of a stream, shall be construed to be actually at those lines; when shown approximately parallel, perpendicular, or radial to such lines shall be construed to be actually parallel, perpendicular, or radial thereto. When not locatable in any other way, boundaries shall be determined by scale from the Zoning Map. 2140. Split Lot. Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for any district in which the lot has frontage on a street may be extended not more than thirty feet into the other district. 2150. In the Town of Westborough the subdivision of land in a residential district shall be completed as follows: 2151. Where major residential development is proposed, the developer shall prepare two sets of concept plans for the parcel of land to be subdivided. One plan shall describe a conventional subdivision while the second shall describe an open space community according to Section 4300 of this Bylaw. 2152. In accordance with Chapter 40A, the Planning Board will hold a public hearing t review these conceptual plans. The Board will render a decision with sixty (60) days from the date of the closing of the public hearing as to which development plan the developer shall design. The action of the Board may create a special permit for an open space community in the residential district, if the Board determines that the plan is more beneficial to the Town than the conventional plan. The Open Space Community plan must be, in the judgment of the Planning Board, superior to a conventional plan in preserving open space for conservation, agricultural, or recreation, utilizing natural features of the land, and allowing more efficient provision of public service. The special permit shall be recorded at the Worcester Registry of Deeds. 2153. The developer may then submit a preliminary plan and then a final definitive plan 14 to the Board for their consideration. For conventional subdivisoins the Subdivision Rules and Regulations, and the dimensional use regulations as set forth in Section 2600 shall apply. For open space subdivisions, the subdivision Rules and Regulations, and the requirements of section 4300 shall apply. 2200. USE REGULATIONS No lot or land shall be used, no building or structure shall be erected or used except as set forth in Section 2300, Use Regulation Schedule, or as exempted by this Bylaw or statute. Symbols employed shall mean the following: Y - A permitted use N - An excluded or prohibited use S - A use authorized by issuance of a Special Permit from the Board of Appeals as provided for in Section 1330 herein SP - Special Permit to be issued by the Planning Board 2210. ClassificationofUse. Where an activity might be classified under more than one of the following uses, the more specific classifition shall determine permissibility; if equally specific the more restrictive shall govern. 15 2300: USE REGULATION SCHEDULE DISTRICT M-1 DPOD C R AA BA G2 BB IA IB IC ID M AE All MUD AB Other RESIDENTIAL USES: (1) Single Family Dwelling: N Y Y SP Y Y N Y Y Y N SP N Y SP SP Two Family Dwelling: N S Y SP SP Y N Y Y Y N SP N S SP SP Conversion of existing structure to more than two-family dwellings: N N S SP SP S N S SP S N SP N N SP SP Boardinghouse: N S S SP SP S N S SP S N SP N S SP SP Multi-family dwelling (See SectionN420N) Y SP SP N N N N N N N N N SP SP (5) Open Space Communities (See SectioN 43SP) N N N N N N N N N N N N SP SP Mobile Home: N N N N N N N N N N N N N N N N Campground, mobile home park: N N N N N N N N N N N N N N N N Mixed Use Residential/Commercial wNth N N N N N N N SP N N N N N N N Industrial Components (See Section 5000) Senior Living Overlay District (SLN) (SPe SP N SP SP SP SP N SP N SP SP SP SP Section 5300) (6) OPEN USES: Farm: With pigs, animals raised foN peNts S2) SP SP S N S S S N SP N N N N Other (4): Nursery, green houses (commercial)S N Y SP SP Y N Y Y Y N SP N N SP SP Supervised camping: S N N SP SP Y N S S S N SP N N N N Cemetery: N Y Y Y Y Y N Y Y Y N Y N Y N N Drive-in theater, amusement park, NaceNtraNk oN N N N N N N N N N N N N similar commercial outdoor recreation (3): Outdoor recreation other than the SbovY opYratYd Y Y N Y Y Y N Y N Y Y Y by a governmental agency: Other: (4) Sale of Christmas Trees: S Y Y Y Y Y N Y Y Y N Y N Y Y Y (1) Animal keeping may be subject to permit from the Board of Health (2) But no animals kept closer than 500 feet to any lot line. (3) Temporary carnival sponsored by a non-profit organization permitted upon approval by the Board of Selectmen. (4) As determined by the Zoning Enforcement Officer. (5) Multi-family dwellings are allowed in the Highway Business (BA) District upon grant of a Special Permit by the Planning Board in accordance with Section 5200. (6) In accordance with the requirements and restrictions of Section 5300. 16 2300: USE REGULATION SCHEDULE DISTRICT C R AA BA G2 BB IA IB IC ID M AE M-1 All DPOD MUD AB Other INSTITUTIONAL USES: Religious, sectarian, denominationalY oY pubYic Y Y Y Y Y Y Y Y Y Y Y Y Y educational uses, religious purposes: Other educational uses: (3) S N N Y Y S N S S S Y Y Y N SP SP Municipal use voted at Town Meeting SnoY morY Y Y Y Y Y Y Y Y Y Y Y Y Y specifically cited in Section 2300): Hospital, sanitarium, convalescent, NurSing Yr rSPt SP S N S Y S Y SP Y S SP SP home, congregate housing: Patriotic, fraternal or social clubsN iN notS SP SP S N S S S Y SP Y N SP SP conducted for profit; other philanthropic institution or club: COMMERCIAL USES: Motor vehicle service station (See SNctNon 3N00)(1) N (1) N (1) S (1) N (1) N N N N Animal kennel or hospital as LicenseN uSder Y SP SP Y N Y N Y N SP N N N N Chapter 140, Section 137a. General Laws: Indoor recreation: N N N SP SP Y N Y SP Y SP SP N N SP SP Banks, office space: N N N SP SP Y Y Y SP Y SP SP N N SP SP (4) Restaurants: N N N SP N Y N Y SP Y SP SP N N SP SP (2) (2) (2) Hotel, motel, motor court: N N N SP SP Y N Y SP Y SP SP N N SP SP Other retail sales and services: N N N SP SP Y N Y SP Y SP SP N N SP SP (5) Display & sale of natural products, N pSrtioS ofY Y Y Y Y SP Y SP Y N S SP SP which are raised by the proprietor in Westborough: (1) Special Permits to be issued by Board of Selectmen rather than the Board of Appeals. (2) Except “S”, if food is to be consumed on premises outside of a building, or to be sold packaged for take-out is incidental to service for on-premises consumption. (3) Shall not apply to land or structures for religious or educational purposes on land owned or leased by Commonwealth or any of its agencies and subdivisions or bodies, politic or by a religious sect of denomination or by a non-profit educational corporation. (4) Small professional offices in residential style structure limited to a maximum of 4,000 square feet of gross floor area. (5) Limited to a maximum of 5,000 square feet of gross floor space. 17 2300: USE REGULATION SCHEDULE DISTRICT DPOD C R AA BA G2 BB IA IB IC ID M AE M-1 All MUD AB Other INDUSTRIAL USES: Airport, heliport: N N N N N N S S S S N N N N N N Public utility with outside equipmeSt Nr sNoraYe: Y Y Y Y Y Y N Y N N N N With none of above: S S S Y Y Y Y Y Y Y N Y N S SP SP Earth Removal (See Section 4100) (1S: S S S S S S S SP S N S N S SP SP Trucking Terminal, bulk storage, CoNtrNctoN’s N N N Y Y SP Y N N N N SP SP yard: Manufacturing, Processing and WarehNusN: N SP N N Y Y Y Y N SP N N N N ADULT ENTERTAINMENT USES: N N N SP N N N N N N N SP N N N N OTHER PRINCIPAL USES: Other uses having externally observable attributes - as regulated above - similar to one of above: All other uses: N N N N N N N N N N N N N N N N ACCESSORY USES: Home occupations: N Y Y Y S Y S Y Y Y N Y N Y SP SP Customary accessory uses & structures (See Shall incur the same regulations as the principal use listed in this Section. Section 4400): Agriculture, Horticulture or FloricInsofar as it can be established that the primary purpose of the use the land falls within the above mentioned categories, the regulations herein shall not apply, if same is deemed unreasonable, nor shall such use require a Special Permit. Expansion or reconstruction of existing structures up land primarily beingused for agriculture, horticulture or floriculture, shall not be prohibited or unreasonably regulated except that all such activities may be limited to parcels of more than five (5) acres in areas not zoned for agriculture, horticulture, or floriculture. Land divided by a public or private way or a waterway shall be construed as one parcel. (1) Special Permits to be issued by Planning Board rather than Board of Appeals. 18 2400. NONCONFORMING USES This Zoning Bylaw or any amendment thereto shall not apply to the use of any structure or land uses lawfully in existence or lawfully begun, or to a Building or Special Permit issued before the first publication or notice of the public hearing on such Bylaw required by Section 5 of General Laws Chapter 40A as amended, but shall apply to any change or substantial extension of such use, to a Building or Special Permit issued after the first notice of 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 for 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 structural change to a single or two-family residential structure does not increase the nonconforming nature of said structure. 2410. Pre-existing Nonconforming Uses or Structures (Extensions and Alterations). a. Pre-existing nonconforming structures or uses may be extended or alter providedthat no such extension or alteration shall be permitted unlestshere is a finding by the permit granting authority or by the special permit granting authority designated under this Bylaw that such change, extension or alteration shall not be substantially more detrimental than th e existing nonconforming use to the neighborhood. This section shall not apply to billboards, signs and other advertising devices subject to the provisions of Section 29 through 33, inclusive, of Chapter 93 and of Chapter 93D, General Laws. b. Building Construction and Special Permits. Construction or operations under a Building or Special Permit obtained in conformity with this Zoning Bylaw or lawful amendments thereto, shal l conform to any subsequent amendments of the Zoning Bylaw unless the use or construction is commenced within a period of not more than six (6) months after the issuance of such Permit, and in cases involvingconstruction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. c. Alterations. A nonconforming structure may not in any twelve (12) month period be altered except as ordered by the Building Inspector to make it safe, to the extent that the cost of such alterations exceed fifty percent (50%) of the assessed value of the structure at the time of change. d. Extension. An increase in the area or extent of the nonconforming use of a structure or land may be made on Special Permit from the Special Permit Granting Authority, up to fifty percent (50%) increase in the nonconform ing floor area or land uses at the time the use became nonconforming. 19 2420. Abandonment. A nonconforming use which has been abandoned or discontinued for a period of two (2) years,r nonconforming sign which has been abandoned or discontinued for a period of (6) months, shall not be re -established and any future use shall conform with the Bylaw, except in the case of land used for agriculture, horticulture or floriculture where such non-use shall have existed for a period of five (5) consecutive years. 2430. Restoration. Any nonconforming building or structure in existence at the time of adoption of the Bylaw or any amendment thereto may be reconstructed on the old foundation area if destroyed by fire or other accidental or natural cause provided suchreconstruction takes place within a period of two years (1) from the date of catastrophe, or else such reconstruction must comply with this Bylaw. 2440. Changes. Premises may be changed from one nonconforming use to another only on Special Permit from the Special Permit Granting Authority. Such Permit shall be granted only for uses whose externally obserbale attributes are no more damaging to or inharmonious with the environs than those of the use being replaced. See Section 2410 (a) for additional criteria for the granting of Special Permit hereunder. ------------ (1) Six months in the case of nonconforming signs. 20 2500. DIMENSIONAL REGULATIONS All principal buildings hereafter erected in any district shall be located on a lot such that all of the requirements set forth in Section 2600 are conformed to except where specifically exempted by this Bylaw or General Laws. 2510. Exemptions. Certain lots in subdivisions or in separate ownership are exempted from some of these requirements through Section 6 of General Laws, Chapter 40A as amended. In addition, lots in non-residential districts and/or to be built upon for non- residential use shall enjoy the same exemption as if being built upon for residential use in a residential district. 2520. Changing Nonconforming Lot Dimensions. No existing lot conforming with the Dimensional Schedule shall be changed in size or shape, except through a public taking, or changed in use, so as to result in violation of the requirements set forth below. No existing lot already nonconforming shall be changed except through a public taking so as to increasethe existing degree of nonconformity. 2530. Average of Building Setbacks. No building need provide a front yard depth greater than the average of the yards provided by existing buildings on abutting lots fronting on the same street. 2540. Multiple Buildings. Not more than one principal building shall be erected on a lot, except as allowed elsewhere in the Bylaws. 2600. DIMENSIONAL SCHEDULE 21 2610. All buildings in Residential and Conservation Districts (R, AA, AB, C) and Residential buildings in Other Districts, and Senior Housing in the Senior Living Overlay, shall comply with the following dimensional regulations. USE CATEGORY Garden High-Rise Sr. Living All Apartment Apartment Overlay Other (AA) (AB) (SLO) Min.lot area: 2 acres (a) 10 acres (b) 2 acres 50,000 sf (h)(l) Min.lot frontage(d): 140 ft 140 ft (n) 200 ft (h) Min.front yard(d): 100 ft 100 ft (c) 25 ft (n) 50 ft (f)(i) Min.side yard: 50 ft 50 ft (c) 25 ft (n)(o) 15 ft (g)(l) Min.rear yard: 50 ft 50 ft (c) 25 ft (n)(o) 30 ft (g)(l) Min.bldg.separation on same lot: 50 ft 50 ft (e) --- --- Max.bldg.height: 35 ft --- 45 ft 35 ft(l) Max.bldg.stories: 3 --- 3 2-l/2(l) Max.lot coverage (%): 30 30 --- 30 Min.open space per d.u. 1,500 sf 600 sf --- --- Min.habitable floor area per d.u. 600 sf 600 sf 600 ft 720 sf (j)(l) Min.lot width: --- --- --- asequired (k)(l) Min.open space (%): --- --- (n) 40 Max. lots permitted on a common Driveway (m) --- --- 5 for independent 5 Living, no requirement otherwise, or PB determines by special permit ------------- (a) But not less than 2,500 square feet (sf) per dwelling unit (d.u.) plus 500 square feet per bedroom. (b) But not less than 1,000 square feet per dwelling unit (d.u) plus 300 square feet per bedroom. (c) But not less than 1.5 times building height. (d) Corner and through lots sha ll observe frontage and front yard requirements for each portion of a lot that adjoins a public way. Footnote (d) shall not apply in the Senior Living Overlay. (e) But not less than the sum of their heights for principal bldgs. (f) Increase to 75 feet abutting Turnpike Road. (g) Reduce to 5 feet for one-story accessory structure not occupying more than 25% of either required or actual yard. (h) For two-family dwelling 250 feet; 55,000 square feet area per lot. 22 (i) But not less than 50 feet measured from the street centerline. (j) Shall not apply to single family dwellings. (k) Minimum width of lot - The required minimum lot frontage e xtending from the front lot line to the rea r building line of the main building. (l) For congregate housing, the minimum lot area is six (6) acres; the minimum side and rear yards and lot width may be reduced or eliminated by Special Permit to allow the construction of congregate housing and a nursing home on contiguous parcel with minimal separation between buildings, the maximum building height is thirty-eight (38) feet; the maximum building stories is four (4); and the minimum habitable floor area per dwelling unit shall not apply. Separate buildings for congregate housing and a nursing home may be erected on the same lot. (m) In all districts in the Town of Westborough, Common Driveways serving more than two (2) detached single family dwellings shall be required to receive a Special Permit from the Planning Board. In no case will a common driveway serve more than five (5) detached single family dwellings. In granting a Special Permit for a common driveway, the Planning Board shall require that the common driveway meet the standards defined in the Rules and Regulations governing the Subdivision of land in the Town of Westborough. (n) For these yard requirements, in all residential districts, SLO shall be required to conform to Section 2610 of this Bylaw. SLO uses in all non-residential districts shall be required to conform to Section 2620. Except, where abutting a residential district it shall conform to Section 2610. (o) Except 50 feet if adjacent to residentially zoned land. In the G2 District, a fifty (50) foot buffer strip shall be maintained where abutting a residential district, forty (40) feet of this to remain undisturbed, except for the planting of additional natural vegetative screening. (p) The minimum of 20% of the units that are to be designated affordable must comply with the requirements of the Massachusetts Department of Housing and Community Development or a successor agency. Such units shall have deed restrictions regarding affordability which will continue in perpetuity and will allow the units to “count” as State recognized affordable units. All such affordable units shall be priced at levels affordable to individuals or families earning no more than 80% of Area Median Income (AMI) as published by the State/US Department of Housing and Urban Development (HUD).
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