HEARINGS, MEETINGS, LICENSES
8/10/2020
6:30 PM JOINT MEETING w/ Planning Board and Southcoast Rail
`
August 6, 2020
Ms. Leeann Bradley Town Planner Town Hall Annex 20 Center Street Middleborough, MA 02346
RE: South Coast Rail – Middleborough Pilgrim Station Peer Review
Dear Ms. Bradley,
This letter is to advise that we have reviewed the revised materials submitted for the proposed South Coast Rail Pilgrim Station project prepared by various consultants for the Massachusetts Department of Transportation. The revised materials submission includes the following documents:
• Plans entitled “Massachusetts Bay Transportation Authority, SCR MS/NBML. Commuter Rail Expansion Project, Middleborough to New Bedford, MA, Contract No. K78CN04, Middleborough Secondary, Middleborough Station,” sheets LM-101, LM-102, GD-101, and GD-102, prepared by the VHB/HNTB Team, dated 3/16/2020. • Sheet indicating station parcel and driveway easements prepared by the VHB/HNTB Team, dated 3/16/2020. • Response to comments letter prepared by VHB dated April 2, 2020. • Report entitled “Stormwater Report, Middleborough Station, Middleborough, Massachusetts,” prepared by VHB, dated February, 2020. • Plans entitled “Massachusetts Bay Transportation Authority, SCR MS/NBML. Commuter Rail Expansion Project, Middleborough to New Bedford, MA, Contract No. K78CN04, Middleborough Secondary, Middleborough Station, Lighting Photometrics Plan” prepared by the VHB/HNTB Team, dated 3/16/2020.
We understand that the project is not undergoing a formal review process associated with obtaining local approvals. However, Environmental Partners has been asked to review the documents listed above for consistency with the 2008 Massachusetts Stormwater Handbook, Middleborough Zoning Bylaws –amended through 10/5/15 Town Meeting; Middleborough, Massachusetts; and standard engineering and land development best practices.
envpartners.com Page 2
BACKGROUND
The proposed Pilgrim Station is located at an existing MBTA facility adjacent to Grove Street (Route 28) in Middleborough. The Station is proposed to be located at the intersection of two existing rail lines, the Middleborough Secondary Line and the Middleborough Main Line. The Middleborough Main Line is currently active and provides service to the Middleborough/Lakeville Station. The Middleborough Secondary Line is proposed to be upgraded between the Cotley Junction Station in East Taunton and the proposed station. The property is currently operated as an MBTA rail facility and includes stockpiles of materials related to MBTA operations.
This station is one component of the much larger South Coast Rail project that has been undergoing design and permitting for years. The proposed Middleborough – Pilgrim Station project is part of the MBTA’s strategy to provide commuter rail service to the Fall River and New Bedford areas on a faster timeframe than originally contemplated and approved. The project originally received approvals from the Massachusetts Office of Energy and Environmental Affairs on the Final Environmental Impact Statement (FEIS)/Final Environmental Impact Report (FEIR) in 2013.
The Middleborough Station is proposed to include 501 new parking spaces, a new 800 foot long station platform with associated canopies, sidewalks, access driveways, lighting, open space, and associated utilities including a stormwater management facility. An access driveway to the facility is proposed from the existing intersection of the Route 495 on ramps and South Main Street (Route 105) to the proposed parking areas. This intersection would be redesigned to include four legs rather than the three that currently exist. Other offsite traffic improvements are also proposed to accommodate the increased traffic generated by the station.
The project is located in the General Use District per the Town of Middleborough Zoning Bylaw. The project is located in the Water Resources Protection District, WPRD-Z2. It is also located in a Zone II to a public drinking water supply.
This letter is in regards to the civil/site improvements only. A subsequent letter will be issued regarding transportation and traffic related impacts.
COMMENTS
Please see our comments below regarding the proposed project. Our comments note missing items and noncompliance with various standards.
Middleborough Zoning Bylaws
1. Per Section 3.1 of the Zoning Bylaw, the proposed use is an allowed by-right use in the General Use District.
VHB Response 4/2/20: For comments 1 through 12 in this section, MBTA is exempt from local zoning by-laws. Where clarifications or more detail is applicable to the comment, we have provided that information. The MBTA will attempt to satisfy the intent of the by-law to the extent practicable regardless of the exemption, provided that this does not conflict with standard operating procedures on the system or capacity requirements of the train station facility. This is reflected in our responses.
envpartners.com
Page 3
EP Response 8/6/20: Consistent with our discussions with the Town of Middleborough, EP was requested to review the project for consistency with local requirements.
2. Per Section 4.1.1 of the Zoning Bylaw regarding dimensional requirements, there is a maximum of 60% impervious cover in the General Use District. Impervious surfaces are defined as land covered by buildings, roads, driveways, sidewalks, parking areas, loading areas, service yards or other improvements which do not allow precipitation or surface water to penetrate directly into the soil. The SDEIR describes the proposed station as having 71% impervious surface coverage in the proposed condition.
VHB Response 4/2/20: Within the railroad parcels and permanent easements, the impervious coverage is 23% (410,000 SF +/- impervious versus 1,800,000 SF+/-). The total lot area is the combination of railroad property within and including the railroad rights of way between Route 28 and I-495, and the driveway permanent easements on 161 South Main Street as illustrated in the MST Parcels Impervious area.pdf attachment. While not required to comply with the by-law, we have confirmed that impervious cover will not exceed the 60% maximum set by the Town.
EP Response 8/6/20: The applicant has submitted a plan that shows the lot extents. Based on this plan, their estimate of 23% impervious surface appears reasonable.
3. Section 5.3.10.1 of the Zoning Bylaw requires that all parking spaces be 10 feet wide and 20 feet long. However, the proposed project includes parking spaces that are only 8.5 feet wide and 17 feet long. This section also requires that the minimum aisle width be 24 feet. The proposed project provides aisle widths that are 26 feet or 30 feet wide, which exceeds this requirement and may contribute to additional impervious area.
VHB Response 4/2/20: The station is required to follow the MBTA requirements for parking spaces and drive aisles at this station and at the other SCR station sites. The dimensions noted above provide for a functional parking and circulation area, which helps reduce the overall paved area required to meet the parking space count for this station.
EP Response 8/6/20: As described in the applicant’s response, the project design does not comply – or intend to comply – with local regulations. This results in additional impervious surface and stormwater flows from the project when compared to design requirements outlined in the local regulations.
4. Section 5.3.10.2 of the Zoning Bylaw requires that parking spaces are not located within 15 feet of the rear or side lot lines in the GU District. It is unclear whether the proposed project meets this requirement since the property lines are not clearly shown on the plans. The Applicant should add the property lines to the layout plans and indicate the distances of the parking areas from the property lines.
envpartners.com
Page 4
VHB Response 4/2/20: The side lot lines are the outer boundary of active railroad right of way and State Highways. The offset from side lot line to parking is approximately 61’ from Route 28, 78’ from easterly Railroad R/W line, and 82’ from westerly railroad R/W line. Property lines have been added on the layout plans with offset dimensions from the edge of parking to the property lines (attached).
EP Response 8/6/20: Item closed. No additional comments.
5. Section 5.3.10.10 of the Zoning Bylaw requires the maximum width of driveways at the street line to be 30 feet and have a minimum curb radius of 15 feet. The entrance to the facility at South Main Street (Route 105) is labelled as ‘Not in Contract’ and appears to exceed these requirements. The dimensions of this entrance are not labelled. We recommend the Applicant label the anticipated driveway width and curb radii.
VHB Response 4/2/20: The 2-lane section is 30ft, the 3-lane section is 50ft (including shoulders and the median required by MassDOT highway). It is not labeled in these plans because it will be constructed in the contract package with the off-site mitigation improvements. Dimensional labels will be added for context as suggested.
EP Response 8/6/20: As described in the applicant’s response, the project deviates from the local regulations.
6. Section 5.6.1.1 of the Zoning Bylaw requires a landscaped buffer of 25 feet along the street line and not less than 15 feet along the side and rear lot lines. It does not appear that the proposed project meets this requirement along the sides of the proposed parking areas. The proposed project provides some landscaped areas along the entrance drive consisting of eight trees.
VHB Response 4/2/20: As noted above, the side yard lines are the outer boundary of the railroad right of ways and the only street line that the lot fronts on is West Grove Street (Route 28). There is an approximately 60-foot buffer on the site’s frontage with Route 28, which is interspersed with the pedestrian connections thereto, which we believe complies with the 25’ street line buffer bylaw intent. There are also existing open space/ tree lined buffers in excess of 15’ along the outer boundary of each railroad right of way.
EP Response 8/6/20: The project appears to meet the buffer width requirement in most – but not all areas. The project proposes some plantings throughout the project, but plantings along project boundaries are limited.
7. Section 5.6.1.2 of the Zoning Bylaw requires earth berms, landscaping, or screening to control noise, dust, etc. It does not appear that there are significant earth berms or screening surrounding the parking areas. The project does include a park area with pedestrian paths along the west side and south sides of the parking area. envpartners.com
Page 5
VHB Response 4/2/20: Berms cannot be added adjacent to active railroad right of ways .
EP Response 8/6/20: Not all areas of the proposed work are bordered upon by active railroad right-of-ways. In order to meet the intent of this regulation, EP believes that additional landscaping could be incorporated around the entrance drive and edges of the project not bordering on active rail lines.
8. Section 5.6.1.5 of the Zoning Bylaw requires that parking areas be subdivided by medians containing trees and one ten foot wide median shall be required for every two bays of parking. The proposed parking area does not provide the ten-foot wide median for every two bays of parking. There are six median islands shown on the plans of variable sizes located on the perimeter of the parking areas. These islands appear to be seeded only and do not include trees or other vegetation.
VHB Response 4/2/20: For maintenance purposes, longitudinal medians that divide the parking lot are not permitted by MBTA operations. Potential plantings in raised islands and within the area at the southwest quadrant noted in comment 7 will be reviewed with the MBTA operations group to look at their feasibility.
EP Response 8/6/20: EP understands the MBTA requirements as they pertain to maintenance. We believe that intent of this local bylaw requirement is to provide aesthetic, heat island, and stormwater benefits.
9. Section 5.6.1.6 of the Zoning Bylaw requires that all plant materials be at least five years old. The age of the proposed plant materials is unclear.
VHB Response 4/2/20: Planting materials are specified by size/caliper in accordance with site plans provided. The Landscape Plan is attached with the updated site plan.
EP Response 8/6/20: Additional landscape plans were not included in this submittal.
10. Section 8.1 of the Zoning Bylaw pertains to Floodplain Overlay Districts. The plans do not indicate that the proposed project is within a Floodplain Overlay District. We recommend the applicant confirm the project is not within a FEMA floodplain or Floodplain Overlay District.
VHB Response 4/2/20: Assuming the Floodplain overlay district boundaries are coincident with the FEMA Zone A limits, the site is not located within a Flood Plain Overlay District. A copy of the FEMA map for the site will be included in the updated stormwater management report for reference.
EP Response 8/6/20: Item closed.
11. Section 8.2 of the Zoning Bylaw pertains to the Water Resource Protection District. Per the Middleborough Zoning Map, it appears the proposed project is partially within the Water Resources Protection District Z2. The project also appears to be within a mapped Zone II of
envpartners.com
Page 6
a drinking water supply. The proposed use is neither allowed nor described as prohibited in this zone.
VHB Response 4/2/20: The parking area is within the WRPD and a mapped Zone 2. The stormwater management system includes Best Management Practices (BMP’s) to address both water quality and groundwater recharge including catch basins with deep sumps and oil/debris separators and forebays for pretreatment, and infiltration basins for water quality and recharge.
EP Response 8/6/20: The project has provided water quality treatment and infiltration facilities consistent with the Massachusetts Stormwater Guidelines for projects in critical areas.
12. Section 8.2.3.j of the Zoning Bylaw prohibits the development of lots in the Water Resources Protection District Z2 that renders any lot more than 25% impervious. Lots that result in a total impervious surface between 15% and 25% are allowed by Special Permit. It is unclear what percentage of the lot is proposed to be impervious. As described above, we recommend the applicant describe the amount of proposed impervious surface on the property. The SDEIR describes the station as having 71% impervious surface coverage in the proposed condition.
VHB Response 4/2/20: Over the entire Project lot area (as described in Response 2 and illustrated in the referenced attachment), the combined impervious coverage is 23%. MBTA is exempt from local bylaws as summarized in a legal opinion by Tracy Klay, dated May 2018, that was previously shared with the Town of Middleborough. Therefore, the State is not required to apply for Special Permit.
EP Response 8/6/20: EP acknowledges VHB response regarding being exempt from local bylaws.
Stormwater Management Guidelines
1. Standard 3 of the Massachusetts Stormwater Guidelines indicates that infiltration be provided to the maximum extent practicable on sites that have Activity and Use Limitations. The Phase I Environmental Analysis summarized in the SDEIR indicates that there have been hazardous materials releases at three sites that are being acquired for the development of the new station. The Applicant should confirm that the potential stormwater infiltration facilities are appropriate for the site given that there have been identified hazardous materials releases on site.
VHB Response 4/2/20: Standard 3 of the Massachusetts Stormwater Guidelines indicates that infiltration be provided to the maximum extent practicable on sites where recharge is proposed at or adjacent to an area classified as contaminated; sites that have an Activity and Use Limitation (AUL) that precludes inducing runoff to the groundwater; and sites where
envpartners.com
Page 7
groundwater from the recharge location flows directly toward a 21E site. The Phase I Environmental Site Assessments (ESAs) summarized in the SDEIR indicated that there are multiple contaminated sites located within the vicinity of the three sites that are being acquired for the development of the new station. Of these contaminated sites, only two (Release Tracking Numbers 4-18472 and 4-20492 at 161 South Main Street), which include one AUL, are located adjacent and cross-gradient to the proposed infiltration basin.
The AUL does not have a restriction for stormwater infiltration and both contaminated sites achieved a Permanent Solution in 2016, which indicates that the contaminants in groundwater had stabilized and the footprint of contamination was shrinking. Furthermore, based on mounding analyses, input from the infiltration basin is not expected to change groundwater levels within the AUL area more than would be observed during typical seasonal fluctuations. VHB also evaluated groundwater quality within the area of the proposed infiltration basins at 161 South Main Street, which indicated that groundwater in these areas is not impacted by contaminants in excess of the applicable MassDEP regulatory thresholds.
EP Response 8/6/20: The applicant has submitted document from the SDEIR describing the installation of monitoring wells, groundwater elevations, and groundwater flows. There is no information submitted regarding the requirements of the AUL as they pertain to stormwater infiltration.
2. Standard 5 of the Massachusetts Stormwater Guidelines describes Land Uses with Higher Potential Pollutant Loads (LUHPPL). One of the criteria for a project being described as a LUHPPL is the generation of over 1,000 vehicle trips per day. This project is a LUHPPL as described in the Stormwater Narrative and the requirements are generally met by the proposed design.
VHB Response 4/2/20: No Response Required
EP Response 8/6/20: Item closed.
3. Standard 6 of the Massachusetts Stormwater Guidelines describes projects located in critical areas. Since the project is located within a Zone II to a public drinking water supply, Standard 6 applies to this project. The proposed design generally meets the requirements for projects located in critical areas.
VHB Response 4/2/20: No response required.
EP Response 8/6/20: Item closed.
4. Standard 8 of the Massachusetts Stormwater Guidelines requires that a Stormwater Pollution Prevention Plan (SWPPP) be prepared. The applicant has indicated that a SWPPP will be prepared prior to construction.
envpartners.com
Page 8
VHB Response 4/2/20: No response required.
EP Response 8/6/20: Construction SWPPP’s are required to be prepared under the National Pollutant Discharge Elimination System (NPDES) prior to construction and retained at the construction site. Some municipalities require SWPPP’s to be prepared prior to the NPDES requirements and require copies be submitted to municipalities for their review and comment.
5. Standard 9 of the Massachusetts Stormwater Guidelines requires that Operations and Maintenance Plans be developed. The Stormwater Operation and Maintenance Plan appears incomplete and has holding places for the installation of additional information. These areas should be completed. This plan has specific comments regarding stormwater best management practices such as Structural Water Quality Devices, Bioretention Basins, Biofiltration swales, and Extended Detention Basins that are not part of the design. We recommend these sections be removed. We recommend a section for maintenance of infiltration basins be added. The Operations and Maintenance Plan is not specific regarding the frequency of sweeping the paved areas. We recommend that the pavement be swept quarterly and the long term pollution prevention plan be amended to reflect quarterly maintenance. The long term pollution prevention plan alludes to plowing and maintaining permeable pavement areas. It does not appear that there are any permeable pavement areas proposed as part of the project. The long term pollution prevention plan appears incomplete with regard to hazardous materials storage. The Spill Prevention and Response Plan should be completed with the appropriate contact information.
VHB Response 4/2/20: The O&M plan has been revised to reflect the final design plans and BMPs, including maintenance of infiltration basins. The TSS removal calculations meet the DEP requirements without relying on quarterly sweeping. MBTA standard practice is to sweep the parking areas twice per year (minimum).
Facility and Alternate facility managers will be assigned after substantial completion of the station construction. The spill response will be updated with the remaining town department contact numbers.
EP Response 8/6/20: The Operation and Maintenance Plan has been updated but is not complete. As described in VHB’s response, contact information needs to be added to both the Operations and Maintenance Plan and Spill Prevention and Response Plan.
Specific Site Design Comments
The Applicant should address these requirements to facilitate future review of the plans.
1. We recommend the applicant check the inverts into DMH 105. The invert into DMH 105 from AD 106 is 93.6, and the invert out of DMH 105 is 94.5.
VHB Response 4/2/20: This has been corrected since the last submission. AD 106 has been removed from the design and the remaining pipes flow in the correct direction.
envpartners.com
Page 9
EP Response 8/6/20 : Item closed.
2. We recommend the applicant verify that DMH 103 can accept four pipes in the configuration shown on the plans. The piping includes a 24” pipe in and a 24” pipe out as well as other smaller piping. An oversized manhole may be required here.
VHB Response 4/2/20: Agreed, an oversized manhole will likely be required. DMH-103 has been called out as an 8’ diameter manhole (attached).
EP Response 8/6/20 : The applicant should add the note to the plans as described in the comment response.
3. We recommend the applicant check the rim elevations for various structures. In many cases, including DMH 121, the rim elevations appear to be inconsistent with the grading plan.
VHB Response 4/2/20: Agreed, we will check and fix incorrect rim elevations.
EP Response 8/6/20 : EP performed a spot check of the revised plans. There are some minor inconsistencies between the grading and rim elevations that will need to be adjusted. These can be dealt with by the applicant during construction.
4. We recommend the applicant verify the inverts into DMH 301. The invert into DMH 301 from CB 303 is 76 and the invert out of CB 303 is 74.1.
VHB Response 4/2/20: Agreed. We will correct.
EP Response 8/6/20: It seems the invert in from CB 303 was placed in the outgoing pipes column erroneously. This should be revised.
5. Structure DMH 401 should be added to the drainage structure table.
VHB Response 4/2/20: Agreed, this has been added.
EP Response 8/6/20: Item closed.
6. Wetlands buffer zones are not shown on the plans. The existing conditions plans show two wetlands on site. It is unclear whether the proposed work is within 100 feet of MMS W5.
VHB Response 4/2/20: The wetlands shown on the plans are isolated wetlands that do not have associated wetland buffer zones. Regardless, the proposed work is more than 100 feet from these wetlands. The nearest limit of work to the isolated wetlands has been dimensioned on the plans.
EP Response 8/6/20: We cannot confirm whether or not the wetlands on site are jurisdictional. It appears the limit of work is greater than 100 feet from the limit of the wetlands as shown on the existing conditions plans.
7. We recommend the applicant specify the rip rap size on the rip rap slope detail. envpartners.com
Page 10
VHB Response 4/2/20: Agreed. The detail has since been updated to specify Rip Rap size as recommended by the Geotechnical Engineer .
EP Response 8/6/20: Rip-rap pad construction details were not specified as part of this submittal. Therefore, we cannot verify this change has been incorporated into the plans. Rip-rap pad sizing calculations were included.
8. The Flared End Section detail shows stone sizes between 3 and 5 inches for the various flared ends. Although we acknowledge that the stone sizing calculations indicate that this size stone is necessary, we are concerned that using stone this small will result in the rip-rap pads being filled with sediment. We recommend that Stone for Pipe Ends, as described in the MassDOT standard specifications, be specified on the plans.
VHB Response 4/2/20: Agreed, this is reflected in the subsequent evolution of the project details and specifications.
EP Response 8/6/20: Rip-rap pad construction details were not specified as part of this submittal. Therefore, we cannot verify this change has been incorporated. Rip-rap pad sizing calculations were included.
9. In the hydrocadd calculations, Grass: Dense is used for computing the Time of Concentration. We recommend the applicant use Grass: Short since Grass: Dense is typically used for Bermuda Grass which does not occur in Massachusetts.
VHB Response 4/2/20: The updated Stormwater Management Report dated February 2020 includes this update.
EP Response 8/6/20: Item closed.
10. In the existing conditions calculations during the 100 year storm, Pond 2Pa shows a higher outflow than inflow. We recommend the applicant check the hydrocadd model.
VHB Response 4/2/20: The HydroCAD has been revised and no longer displays this error.
EP Response 8/6/20: Item closed.
11. We recommend the Time of Concentration for proposed condition subcatchment PR1B be changed to a minimum Time of Concentration.
VHB Response 4/2/20: Agreed, the updated Stormwater Management Report dated February 2020 includes this update.
EP Response 8/6/20: Item remains open. The revised report does not include this change.
12. Proposed condition subcatchment PR-3 should have a minimum time of concentration. The groundcover is all pavement, gravel, and grass but the time of concentration includes woodland areas.
envpartners.com
Page 11
VHB Response 4/2/20: Agree, the tc has been changed to a minimum Time of Concentration in the Revised Report.
EP Response 8/6/20: Item closed.
13. We recommend the n value for the Reach 1R in the proposed condition be changed. It appears this swale is being reconstructed with a grass bottom.
VHB Response 4/2/20: Actually, this swale will not be reconstructed. There is a stone swale that will be constructed upstream of this swale, but the grassy area itself will not be modified.
EP Response 8/6/20: Item closed.
14. The narrative in the Stormwater Management Reports states that seasonal high groundwater is within 30 to 42 inches of the ground surface. Infiltration basin 1 is showing an approximately eight foot cut to construct the basin. Infiltration basin 2 is showing a 1.5 foot cut. It is unclear what the seasonal high groundwater elevation is in the vicinity of these basins.
VHB Response 4/2/20: Since the submission, three monitoring wells were installed at the location of Infiltration Basin 1. On October 25, groundwater was observed 16.5-17.5 feet below the surface. Using the Frimpter method, Estimated Seasonal High Groundwater (ESHGW) ranges from elev 75.2 to 76.2 at the basin. Thus, we have set the bottom of our infiltration basin at elev 79 to provide more than the 2 feet minimum separation to ESHGW that is required by the MassDEP stormwater regulations.
For proposed Infiltration Basin 2 and 3, we dug 4 test pits near the proposed basins. Mottling was observed 30”-42” from the ground surface, at approximately elevation 70. Thus, the bottom of Basin 2 and 3 are set at 72.5 and 73.25, respectively, to provide the 2 feet minimum separation to ESHGW. Mounding calculations that are included in the Appendix of the revised report confirm that the required drawdown occurs within 72 hours.
Based on our discussions with the review engineer in February, we will be returning to the site to perform additional test pits. We will coordinate with the peer review engineer to schedule them for the required Railroad Worker Protection (RWP) training and will schedule the test pit work with them so that the Town’s peer review engineer can witness the supplemental testing.
EP Response 8/6/20: We have reviewed the test pit logs for the test pits performed in the vicinity of infiltration basins 1 and 2 and are generally in agreement with the elevations and the infiltration rates incorporated into the design of these basins. With regard to basin 1, estimated seasonal high groundwater elevations were estimated based on monitoring well readings that were taken in October, which is typically a dry month. Applying Frimpter analysis is typically a conservative method for estimating seasonal high groundwater. However, we feel it is appropriate to perform test holes in the vicinity of Infiltration Basin 1.
envpartners.com
Page 12
15. Infiltration basin 1 uses an infiltration rate of 2.410 in/hour. It is unclear how this rate was determined. We recommend test holes be performed in this area consistent with the Stormwater Management Guidelines to confirm soil types as well as seasonal high groundwater elevation. There is a significant cut being proposed in this area to construct the basin and we are concerned about seasonal high groundwater elevations.
VHB Response 4/2/20: Boring data has been collected since the submission. Silty sand was found at the infiltration elevation and below. Since the submission, the basin has also been revised to raise the bottom and make it shallower, thus increasing separation to groundwater. Supplemental test pits will be performed at this location and witnessed by the Town’s peer review engineer as noted in the response to comment 14.
EP Response 8/6/20: Based on the results shown in the boring logs performed in the vicinity of infiltration basin 1, we are comfortable with the infiltration rate used in the calculations.
16. Infiltration basin 2 uses an infiltration rate of 2.410 in/hour. It is unclear how this rate was determined. We recommend test holes be performed in this area to confirm soil types as well as seasonal high groundwater elevation.
VHB Response 4/2/20: The soil evaluation log for boring PJ-11 will be added to the stormwater report. Fine to very fine sand was found at the proposed infiltration depth and coarse to fine sand below that. The ESHGW relies on mottling witnessed at nearby test pits dug specifically to evaluate ESHGW in this area. Supplemental test pits will be performed at this location and witnessed by the Town’s peer review engineer as noted in the response to comment 14.
EP Response 8/6/20: Based on the results shown in the boring logs performed in the vicinity of infiltration basin 2, we are comfortable with the infiltration rate used in the calculations.
17. Following the performance of test holes in the vicinity of infiltration basins 1 and 2, we recommend that other calculations impacted by infiltration rates, including drawdown times, be revised.
VHB Response 4/2/20: Calculations will be revised and resubmitted if it is determined that findings from the supplemental test pits warrant any revisions to the calculations.
EP Response 8/6/20: The calculations are consistent with the test pit information that was provided. In the event that the results of the test pits described above in detention basin 1 prove different, the calculations may need to be revised again.
18. We recommend that contours be labelled on the plans for Infiltration basin 3 to confirm consistency with the drainage calculations.
VHB Response 4/2/20: Agreed, we will provide labeled Grading & Utility Plan.
EP Response 8/6/20: Item closed. envpartners.com
Page 13
19. Infiltration Basin 2 and 3 have less than one foot of freeboard for the 25 and 100 year storms. The Stormwater Guidelines recommend one foot of freeboard in all storms in infiltration basins.
VHB Response 4/2/20: The 100-year storm ponding depth is approximately 10” with 11” of freeboard in Infiltration Basin 2 and the ponding depth is 10.5” with 7.5” of freeboard in Infiltration Basin 3. In our opinion, the freeboard provided is appropriate given the shallow ponding depth.
EP Response 8/6/20: We agree with VHB’s response.
20. We recommend that the proposed parking area light fixtures be shown on the plans. Light pole locations are shown on the plans, but there are no photometric plans. We recommend that a photometric plan be provided to show if there will be off-site light impacts.
VHB Response 4/2/20: Photometric plan is provided.
EP Response 8/6/20: Light fixtures have not been provided. A photometric plan was provided that shows illumination levels at the edge of the finished areas. The proposed lighting may result in some low level light on areas adjacent to the project.
TRAFFIC
Traffic and transportation related comments will be provided under separate cover.
Our review is based on the information that has been provided. As noted above, additional review will be required to verify comments have been implemented in the revised submission.
We appreciate the opportunity to be able to assist you with this important project. Please feel free to contact me at [email protected] or 617-657-0280 with any questions or concerns.
Very Truly Yours,
Environmental Partners Scott D. Turner PE, AICP, LEED AP ND Director of Planning P: 617.657.0280 E: [email protected]
I:\Middleborough.283\283-1901 South Coast Rail\1. Correspondence\2020-08-05 South Coast Rail Pilgraim Station review letter 2.docx
envpartners.com
HEARINGS, MEETINGS, LICENSES
8/10/2020
7:15 PM HEARING – Proposed Zoning Amendment to the zoning bylaw of the Town under the provisions of Smart Growth Zoning M.G.L. C. 40R and 760 CMR 59.00
Middleborough Chapter 40R zoning
Board of Selectmen Public Hearing 8 10 20 what is Chapter 40r?
The “Smart Growth Zoning and Housing Production Act” (2004) or otherwise known as “Chapter 40R” provides incentives to communities that create zoning districts that encourage compact, mixed-use developments with an affordability component typically located near public transportation or town centers.
Unlike Chapter 40B, Chapter 40R provides for local control over the location of the development, allowed densities, and development design.
40R Districts are typically “overlay” zoning districts - allowing development that would ordinarily not be allowed. What are the benefits?
Chapter 40R Districts maintain local control over decisions such as location and design, while providing benefits to local communities in the following ways: Financial Incentives • Zoning incentive payment ranging between $10,000 - $600,000 $10,000 for up to 20 units, $75,000 for 21 to 100 units, $200,000 for 101 to 200 units, $350,000 for 201 to 500 units, $600,000 for more than 500 units • Density bonus payment of $3,000 per unit upon issuance of a building permit Authority & Design • Community selects location of 40R district(s) • Community can establish design standards/guidelines What is the designation process?
The designation process requires public support and collaboration between local government and the Department of Housing and Community Development (DHCD). The Basic Steps: 1) Identify site(s) 2) Approve Draft Zoning Bylaw and Design Standards (Planning Board - July 2020) 3) Board of Selectmen Public Hearing 4) Application to DHCD 5) Planning Board Public Hearing 6) Town Meeting Vote Chapter 40R Designation Timeline
middleborough Stat e Middleborough Planning Board Review Submit Application to Planning Board ina i e ites Department of Housing and Public Hearing ppro e raft onin a Community Development (DHCD) ppro e ina a ppro e esi n tan ar s esi n tan ar s
Spring/SUMMER SUMMER/FALL FALL/WINTER 2020 2020 2020
Public Outreach
Town Meeting Board of Selectmen 60 to 90 Day Chapter 40R Zoning Public Hearing Review Period Bylaw Adoption middleborough Stat e Middleborough Where are the potential sites?
Site 1: Middleborough Sub-District Site 2: John Glass Square Sub-District
Reminder: These are “overlay” districts - new development can utilize either the underlying zoning or these new overlays. Residential densities
The Department of Housing and Community Development (DHCD) provides the following three options for residential densities: • 8 Units per acre (John Glass Square Sub-District) • 12 Units per acre • 20 Units per acre (Middleborough Sub-District)
Incentive payment amounts are dependent on the allowed residential density. Northampton, MA Olander Drive Northampton, MA Village Hill 40R Development 11 Single-Family Homes Single-Family, Detached Built 2011
8 UPA
PA U 12
Housing A Density UP example 20 John Glass Square Sub-District Belmont, MA 10 Oakley Road 8 UPA Belmont, MA Oakley Corner 40R Development 4 Attached Townhouses Townhouse Built 2012
PA U 12
A UP 20 Housing Density example 8 UPA
30 Haven Street A Reading, MA UP 30 Haven Street 40R Development Reading, MA 2 53 Condo Units 1 Condo & Retail Built 2012
A UP 20
Housing Density example Middleborough Sub-District 40R draft Zoning Bylaw Review
Draft Bylaw Sections A. General Regulations Purpose, Definitions, Scope and Authority, Performance Standards, Off-Street Parking and Loading, Affordable Housing, Plan Approval Procedures, Waivers, etc. B. Middleborough Sub-District (20 UPA) Establishment and Delineation of District, Allowed and Prohibited Uses, Dimensional and Other Requirements, etc. C. John Glass Square Sub-District (8 UPA) Establishment and Delineation of District, Allowed and Prohibited Uses, Dimensional and Other Requirements, etc. 40R Draft Design Standards Review
Draft Design Standards Sections A. Design Guidelines Neighborhood Character, Mixed-Use Development, Human Scale Design, Neighborhood Connectivity, Streetscapes & Landscapes, and Sustainable Development B. Building Design Standards Massing, Appearance, Entries, Windows, and Materials C. Site Design Standards Sidewalks, Driveways, Parking, Landscaping, Lighting, Utilities, and Stormwater D. Sign Design Standards Exterior Signs, Storefront Signs, Awnings, and Prohibited Signs What is the designation process?
The designation process requires public support and collaboration between local government and the Department of Housing and Community Development (DHCD). The Basic Steps: 1) Identify site(s) 2) Approve Draft Zoning Bylaw & Design Standards (Planning Board - July 2020) 3) Board of Selectmen Public Hearing • Approval Needed to Send Application 4) Application to DHCD 5) Planning Board Public Hearing 6) Town Meeting Vote questions? Town of Middleborough SRPEDD
Janis Akerstrom Eric Arbeene, AICP Director of Economic & Community Development Principal Comprehensive Planner [email protected] [email protected] 508.946.2402 508.824.1367 x318
Leeann Bradley Jed Cornock, AICP Town Planner Principal Comprehensive Planner [email protected] [email protected] 508.946.2425 508.824.1367 x213
MIDDLEBOROUGH COMPREHENSIVE SGZOD BYLAW
CHAPTER 275 - ZONING
275-8.X Smart Growth Zoning Overlay District (SGZOD)
A. General Regulations that apply to the Smart Growth Zoning Overlay District (1) Purposes – The purposes of the Smart Growth Zoning Overlay District are: (a) To provide an opportunity for residential development and to especially encourage mixed- use development, including both new construction and renovation of existing buildings, within a distinctive, attractive and livable environment that supports the commercial revitalization of Middleborough. (b) To promote continuing development and redevelopment in Middleborough that is pedestrian friendly and consistent with Middleborough’s history and architecture. (c) To ensure high quality site planning, architecture and landscape design that enhances the distinct visual character and identity of Middleborough and provides an environment with safety, convenience and amenity. (d) To provide, in ways that meet the needs of the town’s population, for a diversified housing stock at a variety of costs within walking distance of services and public transportation, including affordable housing and other housing types. (e) To generate positive tax revenue for the Town, and to benefit from the financial incentives provided by Massachusetts General Law Chapter 40R, while providing the opportunity for new business growth and additional local jobs. (f) To encourage preservation and rehabilitation of historic structures and buildings. (g) To promote efficient use of land and existing parking supply and limit the expansion of surface parking within the district by encouraging shared parking. (h) To encourage adoption of energy efficient building practices and sustainable construction methods. (i) To ensure compliance with the Massachusetts Department of Environmental Protection stormwater management policies and practices.
(2) Definitions – Terms and words not defined herein but defined in Section 10.0 of the Middleborough Zoning Bylaw shall have the meaning given therein. As used in this Section, the following terms shall have the meanings set forth below:
Accessory building or structure: A subordinate building or structure located on the same lot as the main or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land.
Accessory use: A use customarily incidental to that of the main or principal building or use of the land.
Page 1 of 24
Administering/Monitoring Agent: An entity designated by the Middleborough Board of Selectmen, which may be the Middleborough Housing Authority or other qualified housing entity, with the power to monitor and to enforce compliance with the provisions of this section related to Affordable Units, including but not limited to computation of rental and sales prices; income eligibility of households applying for Affordable Units; administration of an approved housing marketing and resident selection plan; and recording and enforcement of an Affordable Housing Restriction for each Affordable Unit in the SGZOD (See Section A (8)).
Administrative Regulations or PAA Regulations: Administrative rules and provisions relative to Plan Approval that are adopted by the Planning Board pursuant to 40R and in its capacity as the 40R Plan Approval Authority under Section A (9). Such rules and regulations, Project application form(s), any other application requirements and any subsequent amendments thereof must be approved by the Department of Housing and Community Development.
Affordable Homeownership Unit: A Dwelling Unit required to be sold to an Eligible Household per the requirements of this Section.
Affordable Housing: Housing that is affordable to and occupied by Eligible Households.
Affordable Housing Restriction: A deed restriction of an Affordable Unit meeting statutory requirements in Massachusetts General Law Chapter 184 Section 31 and the requirements of Section A (8) of this bylaw.
Affordable Rental Unit: A Dwelling Unit required to be rented to an Eligible Household per the requirements of Section A (8).
Affordable Unit: The collective reference to Affordable Homeownership Units and Affordable Rental Units.
Allowed Use: A Principal, Accessory or other permitted Use listed under Section 275-8.X (B). A Use that is not prohibited under Section 275-8.X (B).
Annual Update: A list of all approved and currently proposed Smart Growth Zoning Overlay Districts within the Town of Middleborough and other associated information, to be filed on or before July 31st of each year with the Massachusetts Department of Housing and Community Development pursuant to Massachusetts General Law Chapter 40R and applicable regulations (760 CMR 59.07 (1)).
Applicant: A landowner or other petitioner who files a plan for a Development Project subject to the provisions of this Section.
Page 2 of 24
Area-wide Median Income: The median income, adjusted for household size, as reported by the most recent information from, or calculated from regulations promulgated by, the United States Department of Housing and Urban Development (HUD).
As-Of-Right Development: A use or Development Project allowable under this Section without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A Development Project that is subject to the Plan Review requirement of this Section shall be considered an As-Of-Right Development.
Building: A structure enclosed within exterior walls or firewalls, built, erected and framed of a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. For the purposes of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature.
Building, principal: A building in which is conducted the main or principal use of the lot on which said building is situated.
Building height: As per the State Building Code, this term shall mean the distance between the average grade of the ground at the front of the building and the roof of the building; excluding roof structures (such as heating, ventilating and air conditioning equipment) normally located on or built above the roof and not devoted to human occupancy.
Business or professional office: A building or part thereof, for the transaction of business or the provision of services exclusive of the receipt, sale, storage or processing of merchandise.
Condominium: A system of ownership of real estate, including commercial, industrial, and attached and detached residential dwelling units, established pursuant to the Condominium Act of the Commonwealth of Massachusetts, Chapter 183A of the Massachusetts General Laws, in which the apartments or dwelling units are individually owned and the land and common areas are owned in common. A condominium is not a use or a building type; rather it is a form of ownership that can apply to any use or building type.
Density: The number of dwelling units per acre of land.
Department or DHCD: The Massachusetts Department of Housing and Community Development.
Design Standards: Provisions adopted in accordance with Section B., that shall be applicable to all Development Projects within the SGZOD.
Page 3 of 24
Development Project or Project: A residential or mixed-use development undertaken under this Section. A Development Project shall be identified as such on the Plan which is submitted to the Planning Board for Plan Review.
Dwelling unit: Habitable room or group of habitable rooms, containing cooking facilities, sanitary facilities, providing facilities for living, sleeping and eating for one family.
Eligible Household: An individual or household whose annual income is less than or equal to eighty percent (80%) of the Area-wide Median Income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
Enabling Laws: M.G.L. Chapter 40R and 760 CMR 59.00
Family: One or more persons related by blood, marriage or adoption and sharing cooking, storage, bathroom, living and sleeping facilities in a dwelling as a single housekeeping unit. In addition, a family may include any of the following: a. Domestic partners. b. Foster children. c. Domestic employees. d. Not more than two boarders. e. Not more than four additional persons not related to the others by blood, marriage or adoption.
Floor area (gross): The sum of the areas of the several floors of a building, measured from the exterior faces of the outside walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of Section 5.3 of the Middleborough Zoning Bylaw or any such floor space intended and designed for accessory heating and ventilating equipment.
Institutional Use: A non-profit or quasi-public use or institution, such as a church, library, public or private school, municipally owned or operated Building, Structure or land, used for public purpose.
Loading Space: Off-street space logically and conveniently located for bulk pickups and deliveries by truck, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
Page 4 of 24
Lot: An area of land held in one ownership, with definite boundaries, used or available for use, as the site of one or more buildings under this Zoning Bylaw.
Lot frontage: The frontage of a lot on a public or private street.
Mixed-Use Development Project: A Development Project containing a mix of Residential Uses and Non-Residential Uses as specified in Section 275-8.X (5) and subject to all provisions of this Section 275-8.X.
Non-Residential Use: Office, Retail, Restaurant, Service or Institutional Use, inclusive, or some combination of the same.
Office: A workplace used for the transaction of business or non-profit functions, excluding as principal uses manufacturing, retail construction, and warehousing and including, but not limited to, professional offices and offices that support or manage on-site or off-site manufacturing, retailing, construction, and warehousing, as well as research laboratories and other facilities in which research activities are conducted. An office that is operated as part of another primary use on the use table shall be considered accessory to that primary use and not a separate use.
Open space: Land not covered by buildings, roads, driveways, sidewalks, parking areas, loading areas, service yards or other improvements. Open space shall include, without limitation, (a) the buffer zones provided herein, (b) any wetlands, marshes, meadows, swamps, creeks, streams and ponds as defined in Mass. General Laws, Chapter 131, Section 40 (provided that the applicant is not hereby prevented from doing any work in such areas as is permitted by the Middleborough Conservation Commission pursuant to said act) and (c) any other protected natural areas.
Parking (Off-Street): For purposes of this Section 275-8.X (6), an off-street parking space shall consist of an area for parking an automobile with room for opening the doors on both sides, together with properly related access to a street and sufficient maneuvering room, but shall be located totally outside of any street or alley right-of-way.
Parking stall or space: An area dedicated to the parking of a single vehicle within a parking area. Dimensional requirements are set forth in Section 5.3 of the Middleborough Zoning Bylaw.
Personal service establishment: A facility providing personal services such as hair salon, barber shop, tanning beds, dry cleaning, print shop, photography studio and the like.
Plan: A plan depicting a proposed Development Project for all or a portion of the SGZOD and which is submitted to the Planning Board for its review and approval in accordance with the provisions of this Section 275-8.X.
Page 5 of 24
Plan Approval: The Planning Board’s authorization, acting as the Plan Approval Authority (PAA) per the Enabling Laws for a proposed Development Project based on a finding of compliance with this Section and Design Standards after the conduct of a Plan Review.
Plan Approval Authority (PAA): The Middleborough Planning Board authorized under Section 275-8.X to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions with the SGZOD.
Plan Review: The review procedure established by this bylaw and administered by the Town of Middleborough Planning Board acting as PAA.
Principal Use: The primary use to which the premises are devoted, and the main purpose for which the premises exist.
Recreational Area: A parcel(s) of land or an area(s) of water, or a combination of land and water within the site which is designated, maintained and preserved for active or passive recreational uses (such as a park, tennis courts, ball fields, walking/biking trails, swimming pools, golf courses, etc.) or for buffer areas, and designed and intended for the use or enjoyment of occupants of the site and, in certain circumstances, the general public. Recreational Areas may contain such Structures and improvements as are appropriate under the provisions of this Section.
Residential Project: A Project that consists solely of residential, parking and accessory uses as defined in Section 275-8.X (B).
Residential Use: A Building or part of a Building containing Dwelling Units as defined herein above and parking that is Accessory to the Dwelling Units.
Restaurant: A building or portion thereof, containing tables and/or booths for at least two- thirds (2/3) of its legal capacity, which is designed, intended and used for the indoor sales and consumption of food prepared on the premises, except that food may be consumed outdoors in landscaped terraces, designed for dining purposes, which are adjuncts to the main indoor restaurant facility. The term "restaurant" shall not include "fast food restaurant." Restaurant, Fast Food: An establishment whose primary business is the sale of food for consumption on or off the premises which is: primarily intended for immediate consumption rather than for use as an ingredient or component of meals; available upon a short waiting time; and packaged or presented in such manner that it can be readily eaten outside the premises where it is sold. Drive-in Food Service Establishment is a fast food restaurant which provides convenient vehicular access and may provide service to customers while in their vehicles.
Page 6 of 24
Retail: A facility selling goods to the public in an enclosed building but not specifically listed in the Table of Use Regulations.
School: A Building devoted to the instruction or education in primary, secondary, high school, or post-high school grades.
Service: The performance of any act for the benefit of another with a view to profit or for a livelihood.
Smart Growth Zoning Overlay District (SGZOD): An Overlay Zoning District adopted pursuant to Massachusetts General Law Chapter 40R, in accordance with the procedures for zoning adoption and amendment as set forth in Massachusetts General Law Chapter 40A and approved by the Department of Housing and Community Development pursuant to Massachusetts General Law Chapter 40R and applicable regulations.
Street: (1) A public way (other than a non-access highway) or a way which the Town Clerk certifies is maintained and used as a public way; or, (2) A way shown on a plan approved and endorsed in accordance with the Subdivision Control Law (MGL Chapter 41 Section 81K et seq); or, (3) A way in existence when the Subdivision Control Law became effective in Middleborough, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of the municipal services to serve such land and the buildings erected or to be erected thereon.
Structure: A combination of materials assembled at a fixed location to give support or shelter, including but not limited to a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the like. Fences, signs and flagpoles shall be exempt from setback requirements for structures, but subject to other requirements set forth herein.
Underlying Zoning: The zoning requirements adopted pursuant to Massachusetts General Law Chapter 40A that are otherwise applicable to the geographic area in which the SGZOD is located, as said requirements may be amended from time to time.
Unrestricted Unit: A Dwelling Unit that is not restricted as to rent, price or eligibility of occupants.
Use: The purpose for which land or a Building or Structure is arranged, designed, intended or erected, or for which land or a Building or Structure is or may be occupied.
Page 7 of 24
Yard: A space open to the sky, located between a building or structure and a lot line, unoccupied except by fences, walls, poles, paving and other customary yard accessories. Yard, Front: The area of a lot lying between the right of way sideline of a public or private road on which the lot has frontage and the nearest building on the lot. In the case of corner lots or lots otherwise having frontage on more than one road, all fronting yards shall be considered front yards. Yard, Rear: The area of a lot between the rear most building on the lot and the rear lot line. The rear yard shall extend across the full width of the lot. Yard, Side: The area on a lot between the side lot line and the building or buildings on the lot, extending between the front yard and rear yard.
(3) Scope and Authority: The Smart Growth Zoning Overlay District is established pursuant to the Enabling Laws, and shall be deemed to overlay the parcels as shown on the Zoning Map of the Town of Middleborough, as amended herein. The Underlying Zoning shall remain in effect, and the Applicant shall have the option of applying for Plan Approval pursuant to the zoning controls set forth in this Section 275-8.X, or complying with all applicable zoning controls set forth in the Zoning Bylaw of the Town of Middleborough for the underlying district(s) or for other overlay zoning that may be therein defined. Development Projects proceeding under this Section 275-8.X shall be governed solely by the provisions of this Section 275-8.X and shall be deemed exempt from the standards and/or procedures of the Underlying Zoning and other overlay provisions, including limitations upon the issuance of building permits for Residential Uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or Dwelling Unit limitations.
(4) Performance Standards: All permitted Uses must comply with the following: (a) Does not regularly emit noxious odors, noises, or dust particles, or smoke, or pose danger, such as manufacture of acids, gases, fertilizers and glue, petroleum refining, reduction of animal matter, and manufacture of cement, gypsum, or explosives. (b) Does not present a danger to persons within or outside the SGZOD by reason of emission of odor, fumes, gases, particulate matter, smoke, noise, vibration, glare, radiation, electrical interference, threat of fire or explosion, or any other reason.
Page 8 of 24
(5) Mixed-Use Development: Development Projects may include a portion not to exceed 50% of the total gross floor area to be used for Non-Residential Uses including Office, Retail, Restaurant, Service or Institutional Uses. Residential units generally must be located above the first-floor, but may be permitted in first floor portions of the Building. Where a first-floor residential portion of the Building fronts on a public way, the Planning Board then must determine that the public way is principally a residential Street or that such first floor Residential Use would be in keeping with the character of the adjoining land Uses.
(6) Off-Street Parking and Loading
(a) Off-Street Parking: Retail Stores, Offices and Consumer Service establishments located within one hundred (100) feet of a public off-street parking facility shall be exempt from off-street parking requirements. In all other cases, off-street parking shall be provided to meet the following minimum requirements:
Use Number of Parking Spaces Retail 1 per 300 sq. ft. of gross floor area Restaurant 1 for each 3 seats Office 3 per 1,000 square feet Institutional 1 for each 3 seats Residential 1.25 per unit Other Non-Residential, more than 2,000 square feet 3 per 1,000 square feet
(b) Off-Street Loading & Delivery: All loading shall take place on-site in a specified area designed for this purpose. Loading shall not block streets, access ways, driveways, parking or pedestrian areas.
Off-street loading facilities shall be provided. The PAA shall determine the adequacy of loading facilities based on the nature of use. Off-street loading facilities shall be screened from public use areas.
(c) Location of Parking: Any surface parking lot shall, at the sole discretion of the Planning Board, be located at the side or rear of a Building, relative to any public right-of-way, public open space, or pedestrian way. In no case shall surface parking for new construction be permitted within any applicable restricted Front Setback area.
(d) Waiver of Parking and Loading Requirements: The Planning Board may grant a Plan Approval providing such relief from the standards or prescribe safeguards and conditions as it shall warrant appropriate, provided that it finds that it is impractical to meet the standards and that such modifications are appropriate by reason of the proposed Use and will not result in or worsen parking or traffic problems in the SGZOD.
Page 9 of 24
The Planning Board may impose conditions of Use or occupancy appropriate to such modifications, provided that the particular use and occupancy were voluntarily proposed by the applicant and any such conditions are expressly approved in writing by DHCD and would not impair the development of housing within the District which is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. (e) Shared Use of Required Parking: Shared use may be made of required parking spaces by intermittent Use establishments, for example, churches, assembly halls or theaters, whose peak parking demand is only at night or on specific days of the week may be shared with other Uses whose peak demand is only during the day, or in public parking lots, subject to the paragraph below. At the time of application, a formal agreement shall be made in recordable form and recorded at the Registry of Deeds by the owners of the Uses involved concerning the number of spaces involved, substantiation of the fact that such shared use is not overlapping or in conflict, and the duration of the agreement.
The applicant shall demonstrate to the satisfaction of the Planning Board that shared spaces will meet parking demands by using accepted methodologies (e.g., the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other industry established studies on shared parking).
(f) Cooperative Establishment and Operation of Parking Areas: Required spaces for any number of Uses may be provided in a combined Lot or Lots (public or private), provided that the number of spaces in the combined facility shall not be less than the sum of those required of the individual Uses, with allowances made, upon formal designation, for night use or for separate and distinct working shifts, and provided also that such Lot or Lots shall be within 150 feet of the Principal Buildings served.
(g) Parking Design: Parking shall be designed and constructed to comply with all applicable state and federal disability access requirements including but not limited to the Americans with Disabilities Act (ADA) and 521 CMR.
Page 10 of 24
(7) Open Spaces and Recreational Areas: The site design for Development Projects shall include a minimum of 20% of total acreage in common open space and recreational areas. The Plans and any necessary supporting documents submitted with an application for Plan Approval within the SGZOD shall show the general location, size, character, and general area within which common open space or facilities will be located. The plans and documentation submitted to the Planning Board shall include a description of proposed ownership and maintenance provisions of all common open space and facilities and, if requested by the Planning Board, any necessary restrictions or easements designed to preserve the open space and recreational areas from future development. Upon consideration of the above information, the Planning Board may, in its sole discretion, approve a waiver as provided for in Section 275-8.X (10) for a Front Setback to allow for common open space and recreational areas.
(8) Affordable Housing (a) Affordable Units shall comply with the following requirements: (1) The monthly rent payment for an Affordable Rental Unit, including utilities and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for an Eligible Household, assuming a household size equal to the number of bedrooms in the unit plus one, unless another methodology for determining the target household size has been approved by DHCD. (2) For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for an Eligible Household, assuming a household size equal to the number of bedrooms in the unit plus one. (3) Affordable Units required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.
(b) Number of Affordable Units: Twenty percent (20%) of all Dwelling Units and twenty-five percent (25%) of all rental Dwelling Units constructed in a Development Project shall be Affordable Units. Provided however, for Development Projects in which all of the Dwelling Units are limited to occupancy by elderly persons and/or by persons with disabilities, twenty-five percent (25%) of the Dwelling Units shall be Affordable Units, whether the Dwelling Units are rental units or ownership units.
(c) Fractional Units: When the application of the percentages specified in Section A(8)(a) results in a number that includes a fraction, the fraction shall be rounded up to the next whole number.
Page 11 of 24
(d) Design and Construction: Affordable Units must be dispersed equitably and proportionately throughout a Development Project, including, where applicable, across all Buildings, floors and unit types. Affordable Units must be comparable in initial construction quality and exterior design to the Unrestricted Units. However, nothing in this section is intended to limit a homebuyer’s rights to renovate a Dwelling Unit under applicable law. The Affordable Units must have access to all on-site amenities. Affordable Units shall be finished housing units. All Affordable Units must be constructed and occupied not later than concurrently with construction and occupancy of Unrestricted Units. In Development Projects that are constructed in phases, Affordable Units must be constructed and occupied in proportion to the number of units in each phase of the Development Project.
(e) Unit Mix: The total number of bedrooms in the Affordable Units shall be at least proportionate to the total number of bedrooms in all units of the Project of which the Affordable Units are a part.
(f) Affordable Housing Restriction: Each Affordable Unit shall be subject to an Affordable Housing Restriction approved by DHCD, pursuant to 40R, and recorded with the County Registry of Deeds or Land Court Registry District of the County. All Affordable Housing Restrictions must include, at minimum, the following: (1) A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity, initial unit designations, number of bedrooms and number of bedroom types of Affordable Rental Units in a Development or portion of a Development which are rental. Such restrictions shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Development Project or the rental portion of a Development Project with the designated Affordable Rental Units initially identified in the corresponding Affirmative Fair Housing Marketing Plan (AFHMP) and able to float on a limited basis, as necessary, subject to specific approval by DHCD in accordance with the AFHMP and DHCDs AFHMP guidelines. (2) The term of the Affordable Housing Restriction which shall be in perpetuity or for the longest period customarily allowed by law, as further specified in the PAA’s Plan Approval decision, but shall be no less than thirty (30) years. (3) The name and address of the Monitoring Agent with a designation of its power to monitor and enforce the Affordable Housing Restriction. (4) Reference to a housing marketing and resident selection plan, to which the Affordable Unit is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. If approved by DHCD, pursuant to 40R for the corresponding Project or phase(s) therein, the housing marketing and selection plan may provide for local preferences in resident selection. The plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that preference for such unit shall be given to a household of the appropriate size.
Page 12 of 24
(5) A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan. (6) Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set. (7) A requirement that only an Eligible Household may reside in an Affordable Unit and that notice of any lease or sublease of any Affordable Unit shall be given to the Monitoring Agent. (8) Provision for effective monitoring and enforcement of the terms and provisions of the Affordable Housing Restriction by the Monitoring Agent. (9) Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the Monitoring Agent and the Town of Middleborough, in a form approved by municipal counsel and DHCD pursuant to the Enabling Laws, and shall limit initial sale and re-sale to and occupancy by an Eligible Household. (10)Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall file an annual report to the Monitoring Agent, in a form specified by that agent certifying compliance with the provisions of this Section 275-8.X (A(8)) and containing such other information as may be reasonably requested in order to ensure compliance with the Affordable Housing Restriction and AFHMP. (11)Provision that the restriction on Affordable Rental Units in a rental Project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Monitoring Agent and the Town of Middleborough, in a form approved by municipal counsel and DHCD pursuant to the Enabling Laws, and shall limit rental and occupancy to an Eligible Household. (12)A requirement that residents in Affordable Units provide such information as the Monitoring Agent may reasonably request in order to ensure compliance with the Affordable Housing Restriction and AFHMP. (13)Designation of the priority of the Affordable Housing Restriction over other mortgages and restrictions.
(g) Administration: The Monitoring Agent shall ensure the following (See Section 275-8.X (A) (2) Definitions): (1) Prices of Affordable Homeownership-Units are properly computed; rental amounts of Affordable Rental Units are properly computed. (2) Income eligibility of households applying for Affordable Units is properly and reliably determined. (3) The housing marketing and resident selection plan has been approved by DHCD pursuant to the Enabling Laws, conforms to all requirements and is properly administered. (4) Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given.
Page 13 of 24
(5) Affordable Housing Restrictions meeting the requirements of this Section are recorded with the Plymouth County Registry of Deeds or Land Court. In the case where the Monitoring Agent cannot adequately carry out its administrative duties, upon certification of this fact by the Planning Board or by the Department of Housing and Community Development, the administrative duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Middleborough Board of Selectmen.
(h) Costs of Housing Marketing and Selection Plan: The housing marketing and selection plan shall make provision for payment by the owner of reasonable costs to the Monitoring Agent and the owner shall pay reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements under this Section 275-8.X and the Enabling Laws.
In combination, the various documentation required under Section A (8), to be submitted with an application for Plan Approval, shall include details about construction related to the provision, within the Development Project, of units that are accessible to the disabled and appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly.
(9) Plan Approval Procedures: The Planning Board shall adopt and file with the Town Clerk Administrative Regulations relative to the application requirements and contents for Plan Review, subject to approval by the Massachusetts Department of Housing and Community Development. Plan approval procedures shall be as follows:
(a) Pre-Application Requirements: Prior to the submittal of a Plan for Plan Approval, a “Concept Plan” may be submitted to help guide the development of the definitive submission for project build out. Such Concept Plan shall reflect the following: (1) Overall building envelope areas (2) Open space and natural resource areas (3) General site improvements, drainage plans, groupings of Buildings and proposed land Uses (4) Anticipated parking spaces and locations (5) Site vehicular access
The Concept Plan is intended to be used as a tool for both the Applicant and the Planning Board to ensure that the proposed Project design will be consistent with the Design Standards and other requirements of the SGZOD.
Page 14 of 24
(b) Application Procedures: All Projects are subject to Plan Approval. (1) Submittal (a) An application for Plan Approval shall be submitted in accordance with the requirements herein and further specified in the SGZOD Administrative Regulations, on the form provided by the PAA along with the application fees set forth in the Administrative Regulations. The application shall be accompanied by such plans and other documents as required by the Administrative Regulations required to verify compliance with any of the provisions of this Section in a manner that, as defined in 760 CMR 59.02, does not Unduly Restrict development within the SGZOD. In addition to the submission requirements of Administrative Regulations, an application for Plan Approval shall also include all of the following: • Development narrative including all Uses, breakdown of square footage for each Use, number of housing units and zoning summary. • Photos of adjacent properties and other properties impacted by the Development Project. (b) All plans shall be prepared by certified architects or engineers as required by the Massachusetts Building Code and shall include all of the following: • Building plans – all levels including roof • Building elevations – all sides including courtyards and interior Lot elevations • Massing perspective sketches or renderings illustrating the key elements of the proposed Development Project within its context. • Proposed exterior lighting plan with photometric information • The documents shall clearly differentiate between existing and proposed work by Use of screened lines of color. Changes and revisions to subsequent submittals shall be prominently noted.
(c) An application for Plan Approval shall be filed by the Applicant with the Town Clerk. A copy of the application, including the date of filing certified by the Town Clerk, as well as the required number of copies of the application, shall be filed forthwith by the Applicant with the Planning Board. Application submissions must include a hard copy as well as an electronic copy in PDF or CAD format. Said filing shall include any required forms provided by the Planning Board. As part of any application for Plan Approval for a Development Project, the Applicant must submit the following documents to the Planning Board and the Monitoring Agent: • Evidence that the Development Project complies with the cost and eligibility requirements of Section A.(8); • Development Project plans that demonstrate compliance with the
Page 15 of 24
design and construction standards of Section A.(8)(d); and • A form of Affordable Housing Restriction that satisfies the requirements of Section A.(8)(f). • Review Fees: The Applicant shall be required to pay for reasonable consulting fees to provide peer review of the application for the benefit of the Planning Board, pursuant to M.G.L. Chapter 40R, Section 11(a). Such fees shall be held by the Town of Middleborough in an interest-bearing escrow account, and shall be used only for expenses associated with the use of outside consultants employed by the Planning Board in reviewing the Plan application. Any surplus funds remaining after the completion of such review, including any interest accrued, shall be returned to the Applicant forthwith;
(2) Circulation to Other Boards: In accordance with the Administrative Regulations the Planning Board shall provide a copy of the application materials to all relevant municipal Boards, Departments, Commissions and Officials as determined by the Planning Board and to the Monitoring Agent. Subject to the requirements under 9(b)[4] below, these entities shall provide any written comments within 60 days of the filing of the Plan and application with the Town Clerk.
(3) Public Hearing and Time Limits: The Planning Board shall hold a public hearing and review all applications according to the procedure specified in Massachusetts General Law Chapter 40A Section 11.
(4) The decision of the Planning Board shall require a majority vote of the board’s members and be made, and written notice of the decision filed with the Town Clerk within 120 days of receipt of the application by the Town Clerk. This time may be extended by mutual agreement between the Planning Board and the Applicant by written agreement filed with the Town Clerk. Failure of the Planning Board to take action within said 120 days or the extended time shall be deemed an approval of the Plan Approval application.
(5) Criteria for Plan Approval: The Planning Board shall approve the Development Project upon all of the following findings: (a) The Applicant has submitted the required fees and information as set forth in the SGZOD Administrative Regulations. (b) The proposed Development Project as described in the application meets all of the requirements and standards set forth in this Section 275-8.X, applicable Design Standards and the SGZOD Administrative Regulations, or a waiver has been granted there from, and shall also include written confirmation by the Monitoring Agent that all Affordable Housing requirements have been satisfied.
Page 16 of 24
(c) Any extraordinary adverse potential impacts of the Project on nearby properties have been adequately mitigated.
(6) Criteria for Plan Denial: A Plan Approval application may be disapproved only where the Planning Board finds that: (a) The applicant has not submitted the required fees and information as set forth in the SGZOD Administrative Regulations; or (b) The Project as described in the application does not meet all the requirements and standards set forth in this Section 275-8.X, applicable Design Standards and the SGZOD Administrative Regulations, or that a required waiver there from has not been granted; or (c) It is not possible to adequately mitigate significant Project impacts on nearby properties by means of suitable conditions.
(10) Waivers: Upon request of the Applicant, the Planning Board may waive dimensional and other requirements, including Design Standards, with conditions, in the interests of design flexibility and overall Project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SGZOD, and if it finds that such waiver will allow the Project to achieve the density, affordability, mix of uses and/or physical character allowed under this Section. Notwithstanding anything to the contrary in this Section (275-8.X) or the Zoning Bylaw of Middleborough, the Affordable Housing provisions that comprise Section A (8) shall not be waived without the express written approval of DHCD. The Planning Board will take into consideration the following items when considering a waiver: (a) High performance energy efficient buildings and construction methods. (b) Projects with publicly accessible open space. (c) Projects that include retail and restaurants located on Street level. (d) A demonstrated shared parking initiative that makes efficient use of land and existing parking supply. (e) The preservation or rehabilitation of historic properties or other buildings considered significant to the Town.
(11) Plan Changes After Approval by Planning Board (a) Minor Plan Changes: After Plan Approval, an Applicant may apply to make minor changes in a Development Project that do not affect the overall build out or Building envelope of the site, or provision of open space, number of housing units, or housing need or Affordable Housing features. Such minor changes must be submitted to the Planning Board on redlined prints of the approved Plan, reflecting the proposed change, and on application forms provided by the Planning Board. The Planning Board may, in its sole discretion, authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The Planning Board shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the Applicant for filing with the Town Clerk.
Page 17 of 24
(b) Major Plan Changes: Those changes deemed by the Planning Board to constitute a major change in a Development Project because of the nature of the change in relation to the prior approved Plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the Planning Board as a new application for Plan Approval pursuant to this Section.
(12) Fair Housing Requirement: All Development Projects within the SGZOD shall comply with applicable federal, state and local fair housing laws.
(13) Project Phasing: The Planning Board may allow a Project to be phased at the request of the Applicant or to mitigate any extraordinary adverse impacts on nearby properties and provided that the submission shows the full build-out of the Project and all associated impacts as of the completion of the final phase and subject to approval of the Planning Board. For Projects that are approved and developed in phases, the proportion of Affordable Units shall be no less than the minimum percentage required for the Project as a whole under Section A(8)(b).
(14) Decisions: The Planning Board shall issue to the Applicant a copy of its decision containing the name and address of the owner, identifying the land affected and the Plans that were the subject of the decision and certifying that a copy of the decision has been filed with the Town Clerk. If 20 days have elapsed after the decision has been filed with the Town Clerk without an appeal having been filed, or if such appeal having been filed is dismissed or denied, or if a Plan is approved by reason of the failure of the Planning Board to timely act, the Town Clerk shall so certify on a copy of the decision. A copy of said decision shall be filed with the Registry of Deeds.
A Plan Approval shall remain valid and run with the land indefinitely, provided that substantial construction has commenced and continued within two years after the decision is issued, which time shall be extended by the time required to adjudicate an appeal and which time shall be extended if the Project proponent is actively pursuing other required permits or there is excusable neglect for failure to commence.
The Planning Board may require the posting of a performance bond to secure and/or screen a Development Project site in the event that demolition is undertaken but subsequent work lapses, for any reason within or outside the Applicant's control, for a period longer than one year.
(15) Date of Effect: The effective date of this SGZOD Bylaw shall be the date on which such adoption is voted upon by Town Meeting pursuant to the requirements of Section 5 of Chapter 40A of the General Laws and Chapter 40R of the General Laws; provided, however, that an Applicant may not proceed with construction pursuant to this Bylaw (Section 275-8.X) prior to the receipt of final approval of this Bylaw (Section 275-8.X) and accompanying Zoning Map by both the Department of Housing and Community Development and the Office of the Massachusetts Attorney General.
Page 18 of 24
(16) Design Standards: The Planning Board may adopt and amend, by simple majority vote, Design Standards which shall be applicable to all Projects. Such Design Standards must be objective and not subjective and may only address the scale and proportions of buildings, the alignment, width, and grade of streets and sidewalks, the type and location of infrastructure, the location of Building and garage entrances, off street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs, and buffering in relation to adjacent properties. DHCD may, at its discretion, require Design Standards to contain graphics illustrating a particular standard or definition in order to make such standard or definition clear and understandable.
Before adopting any Design Standards, the Planning Board shall submit the proposed Design Standards to DHCD for approval. Any amendment to the Design Standards shall not take effect until approved by DHCD and filed with the Town Clerk.
An application for Plan Approval that has been submitted to the Town Clerk pursuant to this Section shall not be subject to any Design Standard that has not been approved by DHCD and filed with the Town Clerk.
(17) Severability: If any provision of this Bylaw is found to be invalid by a court of competent jurisdiction, the remainder of this Section shall not be affected but remain in full force. The invalidity of any provision of this Section shall not affect the validity of the remainder of the Town’s Zoning Bylaw.
Page 19 of 24
B. Establishment and Delineation of the Smart Growth Zoning Overlay Sub-Districts
(1) Middleborough Smart Growth Zoning Overlay Sub-District
(a) Establishment and Delineation of the MSGZOS - The Middleborough Smart Growth Zoning Overlay Sub-District (MSGZOS) is an overlay district that is superimposed over the Underlying District. The boundaries are delineated as the “Middleborough Smart Growth Zoning Overlay Sub-District” on the Official Zoning Map of the Town of Middleborough on file in the office of the Town Clerk, said map hereby made a part of the Middleborough Zoning Bylaw.
(1) Allowed Uses The following Uses shall be permitted As-of-Right in the MSGZOS upon Plan Approval pursuant to the provisions of this Section 275-8X: (a) Multi-family Residential (b) Only as part of a Mixed-Use Development Project (see Section 275-8.X (A) (5)): i. Office ii. Retail iii. Restaurant (excludes drive-through windows) iv. Institutional v. Consumer Service
In addition to the Allowed Uses listed above, the following Uses are permitted As-of- Right for Development Projects within the MSGZOS subject to the requirements of this Section 275-8.X: (a) Parking accessory to any of the above Allowed Uses, including surface, garage-under, and structured parking (b) Accessory Uses customarily incidental to any of the above permitted Allowed Uses
(2) Prohibited Uses Any use not listed herein as an Allowed Use is deemed prohibited.
Page 20 of 24
(b) Dimensional and Other Requirements Applications for Plan Approval shall be governed by this Section 275-8.X and the MSGZOS Design Standards.
Dimensional Requirements Maximum Floor Area Ratio (FAR) (Gross Floor Area/Lot Size) 4 Maximum Building Height 45 Feet Minimum Lot Frontage 50 Feet Maximum Lot Coverage N/A*** Minimum Lot Area N/A*** Number of Buildings per Lot N/A*** Maximum Building Frontage 300 Feet Minimum Front Setback* 0 Feet Maximum Front Setback* 10 Feet Minimum Side/Rear Setback** abutting a Residential Zone 15 Feet Minimum Side/Rear Setback** in MSGZOS or abutting 0 Feet Business-B Interior Setback (between Buildings on same Lot) 15 Feet *Design Standards will include for front façade Setback requirements **Design Standards will include Building step-back requirements ***No requirement or limitation applies
(1) Residential Density Allowances The following residential densities shall be allowed on all Lots and within all Buildings within the MSGZOS pursuant to the requirements of this Section 275-8.X: Multifamily Residential 20 Units per acre. (a) The Planning Board may provide a waiver as specified in Section A (10) to allow a density in excess of that stated above. (b) The Planning Board may provide a waiver as specified in Section A (10) to promote the renovation or adaptive reuse of existing buildings.
(2) Contiguous Lots In the MSGZOS, where two or more Lots are contiguous or are separated by a right- of-way, such Lots may be considered as one Lot for the purpose of calculating maximum Lot coverage; parking requirements; minimum useable open space; and Dwelling Units per acre.
Page 21 of 24
(3) Age-Restricted Housing Units An Applicant may propose a Residential or Mixed-Use Development Project in which all Dwelling Units are designed for or are accessible to the elderly or the handicapped under all applicable laws and regulations, provided that not less than twenty-five percent (25%) of the housing units in any such Development Project shall be Affordable Units. All such Development Projects shall be governed by the requirements of this Section 275-8.X and the Design Standards.
(2) John Glass Square Smart Growth Zoning Overlay Sub-District
(a) Establishment and Delineation of the JGSSGZOS - The John Glass Square Smart Growth Zoning Overlay Sub-District (JGSSGZOS) is an overlay district that is superimposed over the Underlying District. The boundaries are delineated as the “John Glass Square Smart Growth Zoning Overlay Sub-District” on the Official Zoning Map of the Town of Middleborough on file in the office of the Town Clerk, said map hereby made a part of the Middleborough Zoning Bylaw.
(1) Allowed Uses The following Uses shall be permitted As-of-Right in the JGSSGZOS upon Plan Approval pursuant to the provisions of this Section 275-8X: (a) Multi-family Residential (b) Only as part of a Mixed-Use Development Project (see Section 275-8.X (A) (5)): i. Office ii. Retail iii. Restaurant (excludes drive-through windows) iv. Institutional v. Consumer Service
In addition to the Allowed Uses listed above, the following Uses are permitted As-of- Right for Development Projects within the JGSSGZOS subject to the requirements of this Section 275-8.X: (a) Parking accessory to any of the above Allowed Uses, including surface, garage-under, and structured parking (b) Accessory Uses customarily incidental to any of the above permitted Allowed Uses
(2) Prohibited Uses Any use not listed herein as an Allowed Use is deemed prohibited.
Page 22 of 24
(b) Dimensional and Other Requirements Applications for Plan Approval shall be governed by this Section 275-8.X and the JGSSGZOS, Design Standards. Dimensional Requirements Maximum Floor Area Ratio (FAR) (Gross Floor Area/Lot Size) 3 Maximum Building Height 35 Feet Minimum Lot Frontage 50 Feet Maximum Lot Coverage N/A*** Minimum Lot Area N/A*** Number of Buildings per Lot N/A*** Maximum Building Frontage 300 Feet Minimum Front Setback* 0 Feet Maximum Front Setback* 10 Feet Minimum Side/Rear Setback** abutting a Residential Zone 15 Feet Minimum Side/Rear Setback** in JGSSGZOS or abutting 0 Feet Business-B Interior Setback (between Buildings on same Lot) 15 Feet *Design Standards will include for front façade Setback requirements **Design Standards will include Building step-back requirements ***No requirement or limitation applies (1) Residential Density Allowances The following residential densities shall be allowed on all Lots and within all Buildings within the JGSSGZOS pursuant to the requirements of this Section 275-8.X: Single-Family Residential 8 Units per acre. (a) The Planning Board may provide a waiver as specified in Section A (10) to allow a density in excess of that stated above. (b) The Planning Board may provide a waiver as specified in Section A (10) to promote the renovation or adaptive reuse of existing buildings.
(2) Contiguous Lots In the JGSSGZOS, where two or more Lots are contiguous or are separated by a right-of-way, such Lots may be considered as one Lot for the purpose of calculating maximum Lot coverage; parking requirements; minimum useable open space; and Dwelling Units per acre.
(3) Age-Restricted Housing Units An Applicant may propose a Residential or Mixed-Use Development Project in which all Dwelling Units are designed for or are accessible to the elderly or the handicapped under all applicable laws and regulations, provided that not less than twenty-five percent (25%) of the housing units in any such Development Project shall be Affordable Units. All such Development Projects shall be governed by the requirements of this Section 275-8.X and the Design Standards.
Page 23 of 24
Middleborough Smart Growth Zoning Overlay Sub-District & John Glass Square Smart Growth Zoning Overlay Sub-District
Note: Middleborough Smart Growth Zoning Overlay Sub-District is located adjacent to the I-495 interchange and the John Glass Square Smart Growth Zoning Overlay Sub- District is located adjacent to the intersection of Center Street and Station Street.
Page 24 of 24
TOWN OF MIDDLEBOROUGH SMART GROWTH ZONING OVERLAY DISTRICT
DRAFT DESIGN STANDARDS & GUIDELINES
July 23, 2020 SGZOD Design Standards & Guidelines Town of Middleborough
TABLE OF CONTENTS
1. Introduction
2. Purpose
3. Applicability
4. Definitions
5. Design Guidelines
6. Building Design Standards
7. Site Design Standards
8. Signage Design Standards
July 2020 Table of Contents
1. INTRODUCTION
These Design Standards and Guidelines supplement the Town of Middleborough Zoning Bylaw (ZBL) Section 275-8.X, and establish the design requirements for development within the Smart Growth Zoning Overlay District (SGZOD) and associated sub-districts.
2. PURPOSE
The Design Standards and Guidelines include both binding design standards for compliance and non-binding guiding principles. The Design Standards and Guidelines shall be used by the Planning Board in their review and consideration of development proposals pursuant to ZBL Section 275-8.X.
3. APPLICABILITY
These Design Standards and Guidelines apply to all proposed development within the Smart Growth Zoning Overlay District and associated sub-districts that are subject to Plan Approval under the provisions of ZBL Section 275-8.X.
The Planning Board, at its sole discretion, can approve reasonable and justifiable deviations from the Design Standards if, in its opinion, such deviations contribute to the goals articulated in Section 6 (Guiding Principles) more effectively than strict compliance with specific requirements. Applicants should clarify how the proposed deviations further the goals of the Town as defined in Section 6 (Guiding Principles).
These Design Standards do not exempt applicants from obtaining all required permits and complying with all applicable building codes, laws, and regulations in force.
4. DEFINITIONS
Definitions in ZBL Section 275-8.X A. (2) apply to these Design Standards and Guidelines.
5. DESIGN GUIDELINES
5.1. Neighborhood Character & Historic Context
These Design Guidelines are intended to serve as a guide to facilitate development that will enhance the character of the surrounding area. Development Projects should clearly define the public, semi-public, semi-private, and private zones; residential, retail, commercial and public uses; usable open spaces and enclosed building volumes; and vehicular and pedestrian areas.
July 2020 Page 1
New development should be compatible with, and improve upon nearby buildings and streetscape patterns, and should be designed to reflect the traditional New England character. Where appropriate, buildings are encouraged to be next to the sidewalk to reinforce the street line.
Figure 2: Example of Nearby Development (Rockland Trust Bank)
In addition, the adaptive reuse of historic buildings is encouraged. Contemporary design for alterations and additions to existing properties should not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and when such design is compatible with the surrounding environment.
5.2. Mixed Use Development
The SGZOD is envisioned to enhance the historic mix of uses, and to complement the residential land uses in design and scale. New mixed-use development should contribute to the overall mix of uses within the District, support architectural design that marks Middleborough’s identity, and respect existing single-family, 2-family and 3-family residential uses without unduly encroaching upon them.
Mixed use development promotes a neighborhood or community focal point. It further allows for a mix of housing types and sizes that accommodate households of a broad range of ages, sizes, incomes and physical abilities. To encourage creative design and dynamic neighborhoods, housing may be provided adjacent to or above commercial uses.
July 2020 Page 2
5.3. Human Scale Design to Enliven the Area
The SGZOD is intended to encourage compact developments in order to promote a more efficient use of land, reduce dependency on vehicles for travel, and reduce the costs of providing public infrastructure and services. Development should be designed for the human scale, accounting for the relationship between the dimensions of the human body and the proportion of traveled ways, public spaces and buildings. Design should consider how various site features relate to the pedestrian, and should include paths and destinations and comfortable seating areas spaced periodically within walking distance of one another. The height of buildings, the design of street lights and signs, sidewalks, and other features should be determined based on what will create a pleasant environment for the pedestrian at the street level.
Figure 1: Human Scale Design at Mayflower Manor in Middleborough
Individual site design should create identifiable and practical hierarchies among site elements such as building types, uses, landscape and streetscape treatments, and open spaces. Buildings and ground floor uses should be oriented toward the street, and entrances and outdoor amenity spaces are intended to invite and engage the public. Each Development Project should contribute to the successive increase in active and shared outdoor spaces within the SGZOD, providing a clear purpose of social and community interaction, and fostering participation in civic activities.
July 2020 Page 3
5.4. Connectivity and Relationship to Surrounding Neighborhoods
A primary goal of the SGZOD is to provide a broad range of residential housing types at moderate density to support local businesses in terms of customers and employment base. Increased density is incorporated in a variety of development forms ranging from townhouses to multi-family buildings and mixed-use developments. These building types and development forms are also intended to provide a positive transitional area for surrounding neighborhoods and to avoid abrupt transitions where possible. Overall site design should account for and include sensible and anticipated architectural transitions between the adjacent property uses. Surrounding neighborhoods should also be protected from unwanted traffic and visual intrusion, and negative impacts to the pace and scale of their environments.
5.5. Streetscape Character and Landscape Elements
A basic principal of design applicable to the SGZOD is the inclusion of prominent, attractive gateway treatments. Design should consider the initial visual impression of the site for people driving or walking to and from the site. The street network, sight lines, mix of uses, public spaces, signage, building height, materials, lighting, landscaping, and setbacks/step-backs should be chosen to create and reinforce a specific sense of place for gateway areas.
Landscaping and streetscaping should be arranged in such a way as to act as a unifying element between buildings, sidewalks, streets, pathways and public spaces. Special attention should be given to street trees which in general should be located between the curb and sidewalk and should be continuous except where the design of adjacent public spaces supports an exception.
Overall composition and location of landscaping should complement the scale of a Development Project and its surroundings. Where possible, smaller landscaped areas and open spaces should be integrated throughout a Development Project with an emphasis on functionality.
5.6. Smart Growth and Sustainable Development
Many Smart Growth and Sustainable Development principles are inherent to the overall SGZOD, such as pedestrian-oriented design, traditional neighborhood development, and efficiency of building systems. Development Projects should protect and enhance the overall health, natural environment, and quality of life in our community. Both site design and construction of buildings should result in efficient use, reuse, and recycling of resources.
July 2020 Page 4
Sustainable construction techniques, such as Leadership in Energy and Environmental Design (LEED) and materials should be incorporated into new construction in the SGZOD. Renovation or adaptive reuse of existing buildings should seek to sensitively improve energy efficiency and reduce water use within building components and systems. Low Impact Development (LID) techniques are encouraged, where possible and as is practical, to reduce the concentration of stormwater runoff and maintain existing stormwater flows, reuse roof drainage, and minimize runoff from hardscaped areas.
6. BUILDING DESIGN STANDARDS
6.1. Massing
6.1.1. Front Façade Setback
A minimum of 60% of front facades at ground level shall be located at the minimum setback line to reinforce the street line. When the space between the façade and setback line is specifically designed for pedestrian uses, such as outdoor dining, the maximum setback shall be permitted. Stepped back portions of the front façade at ground level are encouraged to articulate entries and provide variety.
6.1.1.1. The 60% of front facades located at the minimum setback line does not need to be continuous and can be an aggregate total.
6.1.1.2. Stepped back portions do not need to be under cover of the upper level floors.
Figure 3: Front Façade Setback
July 2020 Page 5
6.1.2. Building Step-Back Requirements
The front and rear facades of four-story buildings shall step back a minimum of five (5) feet from the primary building face at either the second or fourth floor levels over 50% of their length (Diagrams A and B below), or alternative strategies for scaling the building height to the pedestrian must be offered. Where buildings are directly abutting a Residential District, the side yard or rear yard step-back shall be such that the maximum building envelope is bounded by a line projected from the property line at a 2 to 1 ratio (63.4°) (Diagram C below). Where buildings are directly abutting a single-family, 2-family or 3-family residential use, the side yard or rear yard step-back shall be at the 2nd or 3rd floor and shall be a minimum of ten (10) feet (Diagram D below).
6.1.3. Mixed use buildings shall use proportions – a dominant horizontality for commercial, and a dominant verticality for residential.
Figure 4: Building Step-Back Requirements
6.2. Appearance
6.2.1. Projecting bays, recesses, and cornices are encouraged at all floor levels to define proportions noted above. Building façades over 40’ in length are required to have a change in plane articulated by projecting or recessed bays, balconies, or setbacks. Building facades directly abutting single-family, 2-family and 3-family residential uses shall incorporate elements with proportions appropriate to the scale of the neighborhood.
July 2020 Page 6
Figure 5: Façade Elements
6.2.2. Horizontal elements such as belt courses, projecting cornices, canopies, and step backs should be combined with vertical elements such as recesses, projecting bays, parapets and vertically aligned windows, to create facades that may evoke but do not imitate the historic buildings of Middleborough. Projected elements 2 feet and less may be located within the setback areas. Projections into the public right-of-way shall comply with the requirements of the Massachusetts State Building Code 780 CMR.
6.2.3. Façade elements shall continue around to all sides of buildings visible from the street, and, as appropriate, to all sides of buildings that face directly abutting single-family, 2-family and 3-family residential uses. Elements can be simplified at the rear of buildings to clarify a front/back hierarchy.
6.2.4. Rooftop mechanical equipment shall be set back from building facades so that it is not visible from street views or directly abutting residential properties, screened from view behind parapets or enclosed within architectural elements that integrate it into the building design. Screening elements shall incorporate sound control devices or construction that mitigates equipment noise. For any building, the roof shall not exceed the walls in respective visible proportion from the street views.
July 2020 Page 7
Figure 6: Street View Example
6.2.5. Existing building facades with architectural significance are to be incorporated into new construction wherever feasible. Historically significant buildings can be changed only with the approval of the Middleborough Historical Commission.
6.3. Entries
6.3.1. Entries are to be clearly articulated with projecting canopies or recesses for convenience, way-finding, and to activate the street front and pedestrian spaces.
Figure 7: Building Entry Example
July 2020 Page 8
6.3.3. Retail and commercial entries shall face a public sidewalk and be primarily transparent to reinforce the public nature of the ground floor uses. They shall be flanked by primarily transparent façade elements to reinforce this perception.
6.3.4. Lighting and signage shall be integrated into the entry design to reinforce the public nature of the entry.
6.3.5. Entries to upper floor residential and commercial uses are encouraged on commercial streets, but shall not interrupt the perceived continuity of the commercial streetscape.
6.4. Fenestration
6.4.1. Fenestration shall reinforce the dominant horizontality for commercial uses and dominant verticality for residential uses.
Figure 8: Building Fenestration
6.4.2. Ground floor commercial and retail uses shall be a minimum of 60% glass. The view into the first floor commercial or retail windows shall be maintained with a view into the sales floor or seating area. View windows shall not be blocked. Merchandise displays shall not include full-height backdrops that block the view.
July 2020 Page 9
Transom windows above view windows and doors are encouraged. Upper floor residential and commercial uses shall be differentiated from the public nature of the street-front uses. Glass shall be clear, or reflective only to the extent that such reflectivity reduces interior heat. Mirror glass is not permitted.
Figure 9: Ground Floor Commercial Example
6.4.3. Protecting ground floor fenestration and defining commercial street fronts with overhanging awnings or canopies is encouraged. Operable windows and doors onto balconies and terraces at upper floor uses are encouraged.
Figure 10: Ground Floor Fenestration
July 2020 Page 10
6.5. Materials
6.5.1. Allowed exterior finishes include, but are not limited to: brick, stone, cast stone or other finished masonry, cementitious panels, glass, metal, wood, vinyl, and PVC trim.
6.5.2. Changes in materials are encouraged to reinforce the massing requirements noted above. When changes in materials or colors occur, they shall articulate the difference between public and private uses, upper floors and lower floors.
6.5.3. Materials shall continue around to all sides of buildings, which are visible from the street, public parking areas or from directly abutting single-family, 2- family and 3-family residential uses. Elements can be simplified at the rear of buildings to clarify a front/back hierarchy.
6.5.4. Blank facades are not permitted. Changes in material, which are accompanied by a change in plane, vertical and / or horizontal elements shall be used to provide a pedestrian scale in areas where windows and doors are not functionally required.
7. SITE DESIGN STANDARDS
7.1. Sidewalks
7.1.1. New sidewalks shall not interrupt the continuity of existing sidewalk materials and dimensions. However, recessed entries and widened sidewalks devoted to outdoor uses, such as dining, can receive special materials and articulation that give spatial definition to these functions.
7.1.2. Amenities that increase the comfort of pedestrian movement along sidewalks such as lighting, projecting canopies, and street trees, are required.
7.1.3. Usable open spaces adjoining sidewalks that create activated pedestrian areas for dining, farmers markets, etc., are encouraged, especially those in the vicinity of public uses such as the commuter rail station.
7.1.4. Improvements to adjacent crosswalks, curbing and sidewalks to accommodate increased pedestrian activity associated with new developments are encouraged.
July 2020 Page 11
7.3. Driveways and Parking
7.3.1. Driveways and loading zones shall not interrupt the continuity of sidewalks and pedestrian spaces. Curb cuts shall be located away from the primary commercial streets whenever possible, preferably on side streets and alleys.
7.3.2. Parking lots shall not face primary commercial streets or be located in front of buildings. Whenever possible, parking areas should be located under or behind buildings; however, consideration and sensitivity shall be given and mitigation made for adverse visual impacts upon directly abutting single-family, 2-family and 3-family residential uses.
7.3.3. Parking lots behind buildings shall be aggregated across property lines wherever possible to maximize the efficiency of the paved space and minimize the number of curb cuts and driveways.
7.3.4. Parking areas and loading zones that face directly abutting single-family, 2- family and 3-family residential uses shall be screened from view by fencing, plantings or both and conform to landscaping requirements in paragraph 8.3 below.
7.3.5. Shared parking plans for proposed developments shall be developed in cooperation with the Town of Middleborough and shall be consistent with the Town’s parking regulations.
7.3.6. All parking areas and driveways must be designed to maximize pedestrian and vehicular safety. No driveways are to be located within 50’ of an intersection unless a waiver is granted by the Planning Board.
7.4. Landscaping
7.4.1. Providing street trees that are native to the area is encouraged.
7.4.2. Landscaping at retail frontages should be minimal and not interfere with the connection between the sidewalk and interior uses. Landscaping to define commercial entries or outdoor dining areas shall not interfere with the continuity of the sidewalks. Landscaping to define residential entries shall not compete with or overwhelm the continuity of the retail frontages.
7.4.3. Landscaping to buffer surface parking lots from directly abutting single- family, 2-family or 3-family residential uses is required.
July 2020 Page 12
7.4.5. Landscaping that creates usable public open space, or continues existing public open space, is encouraged, providing it does not interrupt the continuity of retail frontages or disengage buildings from the sidewalk in commercial areas.
7.4.6. Wherever possible plantings shall be native species that require minimal irrigation and fertilizer. Planting of invasive species is prohibited.
7.4.7. When feasible, healthy existing trees with a minimum 6” caliper and large canopy shall be preserved.
7.5. Lighting
7.5.1. Façade lighting and architectural lighting shall articulate building uses and entries and reinforce the public nature of the sidewalk and building frontage.
7.5.2. Lighting along street fronts shall reinforce rather than compete with the continuity of the Town’s street lighting. If the sidewalk includes street trees, streetlights shall be located between the trees so that the tree canopy does not interfere with illumination coverage.
7.5.3. Lighting in parking areas and at the side and rear of buildings should be designed to cut off light at the property line.
7.5.4. Lighting should contribute to public safety by lighting entries, exits, and adjacent open spaces, as appropriate.
7.5.5. Lighting incorporated into signage, or illuminating signage, must conform to the sign requirements of the ZBL.
7.5.6. All lighting shall be oriented downward and otherwise conform to “dark skies” standards. Uplighting is permitted to light a primary entrance when the light fixture is mounted under an architectural element (e.g. roof, cornice, walkway, entryway or overhanging non-translucent eaves) so that the uplight is captured.
7.5.7. Light poles and light fixtures shall be no higher than 15’ above grade.
7.5.8. Lighting for commercial uses shall be designed to shut off at the close of business.
7.5.9. Prohibited lighting includes neon or other edge-glowing sources, mercury vapor, low pressure sodium, high pressure sodium, searchlights, and flashing or changing light sources.
July 2020 Page 13
7.7. Utility Areas and Utilities
7.7.1. Dumpsters, mechanical equipment and utility meters shall be located in low visibility areas and areas that minimize the impact to directly abutting single- family, 2-family, and 3-family residential uses, and shall not interrupt the continuity of the sidewalk and building facades.
7.7.2. When dumpsters and mechanical equipment cannot be located within buildings they shall be screened by elements compatible with the architecture of the building.
7.7.3. Where possible and feasible, shared loading areas, dumpsters, and mechanical equipment shall be incorporated into the design.
7.7.4. No above ground electrical lines or utility cables will be permitted.
7.8. Drainage and Stormwater Management
7.8.1. Stormwater management systems shall incorporate “Best Management Practices” (BMPs) as prescribed by the Massachusetts Department of Environmental Protection, in addition to employing Low Impact Development (LID) strategies. BMP/LID means and methods should be carefully integrated within the site design approach with the goals of decentralizing stormwater management systems to the greatest extent practicable and minimizing the environmental impacts of the new development. The specific goals of the BMP/LID measures should be mitigation of post-development downstream impacts and achieving the highest level of water quality for all storm water runoff.
7.8.2. Systems and the designed approach for stormwater management should include elements such as infiltration chambers, landscaped swales, vegetated rain- gardens, infiltration trenches, dry-wells, permeable pavement and other runoff controlling features that in combination serve to achieve BMP/LID goals.
7.8.3. All water from roofs and paved areas shall be retained on site, where possible, and recharged into the ground, or incorporated into a recovery system for use as on-site irrigation, graywater flushing, etc.
7.8.4. Pervious paving is recommended, along with landscaping and pervious landscaped areas.
7.8.5. Sites shall be graded as necessary to prevent ponding of water.
July 2020 Page 14
8. SIGNAGE DESIGN STANDARDS
8.1. Exterior Signs
8.1.1. Signage shall be provided to identify residential and non-residential uses.
8.1.2. A residential-only development or the residential component of a mixed- use development project shall be permitted one sign at each principal entrance to the site. The sign shall identify the name and address of the development and shall not exceed 12 square feet.
8.1.3. Each mixed-use development project in the District may include a primary storefront sign, a storefront cantilevered sign, a display window sign and an awning, or some combination thereof.
8.1.4. Signs on buildings should not obstruct elements such as cornices, arches, lintels, pediments, windows, pilasters, etc.
8.1.5. Signs in the District should be designed primarily to be visible to pedestrians or slow-moving vehicular traffic. Wording should be kept to a minimum and the use of logos is encouraged.
8.1.6. No sign-maker labels or other identification (including UL label), are permitted on the exposed surfaces of signs, except as may be required by the building code. If required, such labels or other identification shall be in an inconspicuous location.
8.1.7. Awnings that are used to provide signage should be standardized by height above grade, type, size, materials, colors, illumination and method of installation, across the building façade and within the block to the largest extent practical.
8.2. Primary Storefront Sign
8.2.1. A primary storefront sign shall be located within a sign band beginning approximately 8 to 15 feet above the finish floor level. When a tenant has elevations fronting on different sides of a building, the tenant may have a primary storefront sign on each façade. Wall signs in multi-tenanted buildings shall be placed within the same sign band. The placement of wall signs on individual buildings shall respect the sign band on adjacent buildings.
July 2020 Page 15
8.2.2. The total sign area for the primary storefront sign shall not contain more than two square feet of sign area for each linear foot of storefront. Sign area shall be calculated by creating a box around the main body of the primary sign. The storefront lease line width multiplied by two equals the maximum sign area in square feet, and may not exceed 75 square feet.
Figure 11: Signage Area Guide
8.2.3. Signage above the sills of the second story windows shall be confined to painted or applied letters on the window glass, provided that such signs advertise the organizations therein. Signage is not permitted on continuous, horizontal “curtainwall” type windows in upper stories.
8.3. Storefront Cantilevered Sign
8.3.1. Each tenant will be allowed to construct and install a cantilevered (“blade sign”), installed perpendicular to the building façade, not in excess of eight (8) square feet as measured on one face of the sign. Any such storefront cantilevered sign shall not count toward the total allowable area of signage on a single façade.
8.3.2. One storefront cantilevered sign will be allowed per tenant on each elevation of a building with a customer entrance. The sign shall be attached to the tenant storefront at a minimum 8’ 6” above finish floor level.
July 2020 Page 16
8.3.4. Each storefront cantilevered sign may be externally illuminated with two integrated lights (one light on each sign face or panel). The sign may be square, round, elliptical or other shape. Complex shapes and three- dimensional letters or figures are encouraged. Formed plastic, injection molded plastic, and internally illuminated panels are prohibited.
8.3.5. Signs on the inside or outside surface of display windows may be permitted provided, however, that such signage shall not cover more than ten percent (10%) of the display window area and shall be lighted only by building illumination (white, non-flashing).
8.4. Awnings
8.4.1. Awnings shall be made of fire resistant, water repellent marine fabric (e.g. canvas) or may be constructed of metal or glass. Vinyl or vinyl-coated awning fabric will not be permitted.
8.4.2. Patterns, graphics and stripes are encouraged.
8.4.3. Continuous, uninterrupted awning spans are not permitted. Fixed awnings shall not span numerous bays, windows or store fronts. The awnings should be harmonious with one another and should delineate storefronts on a multi-tenant building.
8.4.4. Internally illuminated awnings are not permitted, except that down lighting that is intended to illuminate the sidewalk may be provided under the awning. All lighting under a canopy shall be cutoff or recessed, with no lens dropping below the horizontal plane of the canopy. The light source shall not illuminate or cause the awning to “glow”.
8.5. Prohibited Sign Types
The following sign types are prohibited in the SGZOD:
8.5.1. Signs employing luminous plastic letters are prohibited.
8.5.2. Signs or lights that move, change, flash, or make noise are prohibited. Such prohibition shall include commercial balloon devices, high powered search lights and signage expressed or portrayed by emitted light, digital display or liquid crystal display. Where permitted, indicators of time or temperature may move.
July 2020 Page 17
8.5.4. Box style cabinet signs or “can” signs are prohibited, whether internally illuminated or not.
8.5.5. Signs utilizing paper, cardboard, Styrofoam, stickers or decals hung around, on or behind storefronts, or applied to or located behind the storefront glazing are prohibited.
8.5.6. Any imitation of official traffic signs or signals, or use of such words as “Stop,” “Look,” “Danger,” “Slow,” “Caution,” or “Warning” is prohibited.
8.5.7. No red or green lights or any lighting effect utilizing such colors may be used on any sign if, in the opinion of the Chief of Police, such light or lighting would create a hazard to the operation of motor vehicles.
8.5.8. Directories shall not be located outside of the buildings.
8.5.9. Roof, pole or pylon signs are prohibited.
8.5.10. Inflatable figures and/or signs are prohibited, whether movable or stationary.
July 2020 Page 18