ZONING BYLAW AMENDMENT / SCREENING AND BUFFER REQUIREMENTS

To see if the Town will vote to remove duplicate material by combining Section 5.3.7 and 5.3.21 of the Zoning Bylaw into Section 5.3.7 and thus deleting Section 5.3.21, revise Section 5.3.7 for clarity, move a subsection to Section 5.3.13, and amend a reference in Section 5.6.2; or take any action related thereto.

Inserted at the request of the Redevelopment Board

VOTE: Favorable Action (5-0)

DISCUSSION
Article 30 proposes administrative corrections to eliminate duplications in the Zoning Bylaw that remained following the Zoning Bylaw recodification in 2018. Sections 5.3.7 and 5.3.21 both address screening and buffering requirements, and this article proposes to combine them, while retaining Sections 5.3.7.D and 5.3.21.B which are not duplicated. No new requirements are added, nor are any requirements substantively changed. As part of this administrative correction, references made to dimensional standards for yards, setbacks, and screens or buffers in other parts of the Bylaw are also amended for clarification.

2/3 Vote Required

That the Zoning Bylaw be and hereby is amended as follows:

Amend SECTION 5.3.7, Screening and Buffers, as follows:

(1)  The strip buffer shall contain a screen of plantings not less than three feet wide and six feet high at the time of occupancy of such lot.

(2)  Individual shrubs or trees shall be planted not more than 20 feet on center and shall be maintained by the owner or occupants so as to maintain a dense screen year-round. At least 50 percent of the plantings shall consist of evenly-spaced evergreens and they shall be evenly spaced.

(3)  A solid wall or solid wooden fence, five to six feet high, complemented by suitable plantings, may be substituted for one-half the required width of such landscaped buffer strip; however, provisions of this section shall not supersede the minimum setbacks for parking lots per Section 6.1 nor the minimum yard requirements of the district. No screen shall be closer than 10 feet to a public or private way. Wwhere deemed appropriate by the property owner and immediate abutters, and as approved by the Building Inspector, another wall or fence height or fence type, including but not limited to coated chain link or “wrought iron” types may be substituted for the required wall or fence.

(4)  No screen shall be closer than 10 feet to a public or private way.

(5)  The requirements of this Section 5.3.7.A. shall not supersede the minimum setbacks for parking lots per Section 6.1 nor the minimum yard requirements of the applicable I or B district.

(6)  For any area used for the parking of more than five vehicles, the requirements of this Section 5.3.7.A. shall not supersede the screening provisions of Section 6.1, Off-Street Parking.

B.    For any area used for the parking of more than five vehicles, the screening provisions of Section 6.1, Off-Street Parking and Loading, shall apply.

C.    Screening and space buffers shall not be required where abutting railroad track or railroad right-of-way if railroad is to be utilized for loading or unloading.

B.D. In Industrial Districts, screening along the Minuteman Bikeway shall be limited to a vegetative screen, guardrail, and/or low fence under 4 feet in height only. Such screening shall either have gaps or vary in height to provide lines of sight from the Minuteman Bikeway to the adjoining property to promote safety for pedestrians and bicyclists. Pedestrian amenities such as seating, bins for recycling and refuse collection, and appropriate supplementary lighting shall be integrated within the landscaped area of the buffer.

Amend SECTION 5.3.13, Accessory Buildings and Other Structures, as follows:

5.3.13. Accessory Buildings and Other Structures

B. An accessory building attached to the principal building shall be considered as an integral part thereof and shall be subject to front, side, and rear yard requirements applicable to the principal building per Section 5.4.2.

(1)    In Residence Residential districts, a minor accessory building shall be exempt from side and rear yard requirements if said building dimensions result in a gross floor area of not more than 80 square feet and a building height of not more than 7 feet.

(4)    An accessory private swimming pool shall be completely enclosed by a fence the top of which shall be at least 5 feet in height above the pool, having a self-closing gate with a latch. Above-ground pools may be unfenced if they are less than 24 inches in depth or with walls 4 feet or greater in height and removable. The unnumbered side of a corner lot shall be considered as a side yard for the purposes of establishing minimum setback requirements for accessory private swimming pools in all Residence Residential districts. See Section 5.4.2.(A) District Yard and Open Space Requirements.

C.      In Business and Industrial districts, accessory structures must comply with the minimum yard, maximum height, and minimum open space requirements of the district in which they are located.

Delete SECTION 5.3.21, Supplemental Requirements in the Business and Industrial Districts, as follows:

5.3.21. Supplemental Requirements in the Business and Industrial Districts

A.      Screening and Buffers: Industrial and Business Districts and Parking Lots

(1)    Screening and space buffers shall be required in any Industrial (I) or Business (B) district that abuts certain buildable residential lots. The minimum width of the buffer shall be as follows:

 I or B District                                        Abutting R District          Minimum Buffer

 I, B5                                                     R0 through R5                 25 ft.               

 B3, B2A, B4                                            R0 through R5                 15 ft.               

 I                                                          R6 through R7                 10 ft.               

 B1, B2                                                   R0 through R5                 10 ft.               

The strip shall contain a screen of plantings of vertical habit not less than three feet in width and six feet in height at the time of occupancy of such lot. Individual shrubs or trees shall be planted not more than 20 feet on center, and shall thereafter be maintained by the owner or occupants to maintain a dense screen year-round. At least 50% of the plantings shall consist of evergreens and they shall be evenly spaced. A solid wall or solid wooden fence, five to six feet in height, complemented by suitable plantings, may be substituted for one-half the required width of such landscaped buffer strip; however, provisions of this section shall not supersede the minimum setbacks for parking lots per Section 6.1 nor the minimum yard requirements of Sections 5.5 and 5.6. No screen shall be closer than 10 feet to a public or private way. Where deemed appropriate by the property owner and immediate abutters, and as approved by the building inspector, another wall or fence height or fence type, including but not limited to coated chain link or “wrought iron” types may be substituted for the required wall or fence. See Section 5.3.7 for screening and buffer requirements for Business districts, Industrial districts, and parking lots.

(2)    For any area used for the parking of more than five vehicles, the screening provisions of Section 6.1, Off-Street Parking, shall apply.

B.      Accessory Structures. Accessory structures must comply with the minimum yard, maximum height, and minimum open space requirements of the district in which they are located.

C.      Minimum side and rear yards in Industrial Districts and minimum front, side, and rear yard are not required when abutting railroad track or railroad right-of-way if railroad is utilized for loading or unloading.

Amend SECTION 5.6.2, Dimensional and Density Regulations, Subsection D, as follows:

5.6.2. Dimensional and Density Regulations

D. Development Standards. In the Industrial District, the following requirements apply to all new development or additions over 50% of the existing footprint:

(2)  Yards

  · Where feasible, the principal façade of the principal building on the site shall be no more than 10 feet from the front lot line.

   · The use of rain gardens, bioswales, and wetlands restoration to control runoff and manage stormwater on-site within setbacks is strongly encouraged. Such systems shall be integrated with the surface water drainage systems in Section 3.4.4.E. See Section 6.1.11.F(3) for relationship to parking areas.

  ·  Fences greater than 4 feet tall within the abutting setback to the Minuteman Bikeway shall be prohibited. See Section 5.3.7.DB. for additional requirements.

Redevelopment Board Report

ARB Presentation