DISTRICT BA(f)		BB		G2(f)		IA,IB		ID(j)		DPOD(g)
Minimum lot area (sf):	15,000		10,000		15,000		15,000		15,000		10,000
Minimum lot frontage (ft) (a):	125		100		125		125		125		100
Minimum lot front yard (ft) (a,b,c,e):	25		25		25		25		25		10
Minimum side yard (ft) (d):	25		0		25		25		25		0
Minimum rear yard (ft) (d):	25		0		25		25		25		0
Maximum building height (ft):	60		35		45		60		95		60
Maximum building stories:	4		2 ½		2 ½		4		6		4
Maximum lot coverage (%):	40		100		40		40		60		--(h)
Min. distance between edge of curb cut & nearest side lot line or corner (ft):	20		--		20		--		----		--(h)
Minimum open space (%):	60		--		60		60		40		--(h)
Max. square foot floor area	---		---		(i)		---		----		---

And by adding a new footnote (j) to read as follows:

(j) The Industrial D District (ID) is an overlay district. The maximum dimensional schedule shall be allowed only by Special Permit by the Planning Board. Otherwise, the underlying requirements of the Industrial B District (IB) are applicable.

And by creating a new Section 5400 under Article 4, Special Regulations as follows:

5400. INDUSTRIAL D (ID) OVERLAY DISTRICT.

5410. Purpose. The Industrial D (ID) Overlay District encompasses the majority of land fronting on Route 9 lying east of Connector Road including, Flanders Road (east of Connector Road), Old Flanders Road, Fruit Street, Gilmore Road, Washington Street, Friberg Parkway, West Park Drive, Computer Drive, and Technology Drive. This area is highlighted by a series of industrial and office parks and individual general industrial uses encompassed by the

General Industrial (IB) District. The purpose of the ID Overlay District is to allow increased land use intensity through increased dimensional standards more permissive than those provided by the underlying IB District.

5420. Scope and Authority. The Industrial D (ID) Special Permit is an optional increase in use through expanded dimensional standards, and does not replace, but rather supplements, the uses allowed in the IB district. The Planning Board shall be the Special Permit Granting Authority for any project submitted in accordance with this Section and shall have the authority to approve a project upon grant of a Special Permit in accordance with Section 1300, Site Plan Review in accordance with Section 1240 and further upon a finding that the intent of Sections 1100 and 5400 have been met. This authority continues subsequent to occupancy.

39

5430. Establishment of District. The Industrial D (ID) Overlay District Special Permit applies to all property within the Industrial D Overlay (ID) zoning district as an optional, alternate form of development where certain criteria specified within this Section 5400 can be satisfied.

5440. Permitted Uses. Uses shall be permitted as indicated in Section 2300 Use Schedule under the column ID, in accordance with this Section 5400.

5450. Rules and Regulations. The Planning Board may from time to time establish Rules and Regulations governing Special Permits under this section. The Planning Board shall require a filing fee as a part of the Special Permit application, the amount of which shall be established by the Planning Board.

5451. Public Hearing and Approval. The Planning Board shall hold a public hearing on any proposal alleging compliance with Section 5450 in accordance with the public hearing and notice requirements of Massachusetts General Laws c. 40A §9 and §11. In considering the grant of a Special Permit for the application, the Planning Board shall make a finding that the provisions of this Section 5400 are satisfied.

5452. Findings. The Planning Board shall specifically consider the following in determining whether the development will contribute to the orderly and harmonious development of the ID Overlay and underlying IB district.

5452.1 Project design maximizes the opportunities for walking and bicycling

5452.2 Project incorporates best practices in energy efficient design, environmental protection, stormwater management, LEED (Leadership in Energy and Environmental Design) criteria and low impact development (LID) techniques wherever practicable.

5452.3 Existing mature vegetation is retained wherever possible, including winding of sidewalks and creative siting of structures.

5452.4 Landscape materials used as buffers are native, non-invasive, hardy for New England weather conditions and disease resistant.

5452.5 A mix of trees, shrubs, and perennial or annual flower beds are integrated as appropriate to the proposed use of the site.

5460. Special Permit Requirements.

5461. Application for any use requiring a Special Permit: the applicant shall submit the number of copies of the application and plans in such form as the Planning Board may require by its Rules and Regulations. In addition, the following shall be provided

5461.1 Application Form and Fee.

5461.2 Development Statement. A development statement shall consist of a petition, a list of the parties in interest with respect to the land, a list of the development team and a written statement describing the major aspects of the proposed development.

5461.3 Development Plans shall bear the seal of a Massachusetts Registered Architect, Registered Civil Engineer or similar professional as appropriate. One set of reduced size plans shall be submitted measuring 11 x 17 inches. The following plans shall be submitted, unless waived by the Planning Board.

(a) Site plans and specifications showing all site improvements and circulation.

(b) Site perspective, sections, and elevations at a scale of 1/8 inch = 1 foot.

(c) Detailed plans illustrating connection to public or private utilities and surface drainage; and

40

(d) Detailed landscaping plans.

5461.4 Additional information as the Board may determine necessary to evaluate the proposal.

5462. Parking. Parking shall be provided in accordance with Section 3100 and bicycle parking shall be provided in close proximity to structures where determined by the Planning Board. The Planning Board shall have the authority to waive parking requirements to allow a lower or higher number of spaces as it deems appropriate to support the permitted use(s) and/or the opportunity for shared parking. Parking structures and surface parking lots shall be appropriately landscaped to promote pedestrian flow within and between the various uses on the site and ways;

or to take any other action thereon.

2300. USE REGULATION SCHEDULE

DISTRICT

C

R

AA

AB

BA

G2

BB

IA

IB

IC

ID

M

AE

M-1

DPOD

All Other

RESIDENTIAL USES: (1)

Single Family Dwelling:

N

Y

Y

SP

Y

Y

N

Y

Y

Y

N

SP

N

SP

Y

Two-Family Dwelling:

Conversion of existing structure to more than two-family dwellings:

N

N

S

N

Y

S

SP

SP

SP

SP

Y

S

N

N

Y

S

Y

SP

Y

S

N

N

SP

SP

N

N

SP

SP

S

N

Boardinghouse:

N

S

S

SP

SP

S

N

S

SP

S

N

SP

N

SP

N

Multi-family dwelling (See Section 4200)

N

N

Y

SP(5)

SP

N

N

N

N

N

N

N

N

SP

N

Open Space Communities (Section 4300)

N

SP

N

N

N

N

N

N

N

N

N

N

N

SP

N

Mobile Home:

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

Campground, mobile home park:

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

Mixed Use Residential/Commercial with Industrial Components (See Section 5000)

N

N

N

N

N

N

N

N

SP

N

N

N

N

N

N

OPEN USES:

Farm: With pigs, animals raised for pelts: (2)

N

N

S

SP

SP

S

N

S

S

S

N

SP

N

N

N

Other (4):

Nursery, greenhouses (commercial):

S

N

Y

SP

SP

Y

N

Y

Y

Y

N

SP

N

SP

N

Supervised camping:

S

N

N

SP

SP

Y

N

S

S

S

N

SP

N

N

N

Cemetery:

N

Y

Y

Y

Y

Y

N

Y

Y

Y

N

Y

N

N

Y

Drive-in theater, amusement park, race track or similar commercial outdoor recreation: (3)

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

Outdoor recreation other than the above operated by a governmental agency:

S

Y

Y

Y

Y

Y

N

Y

Y

Y

N

Y

N

Y

Y

Other (4):

Sale of Christmas trees:

S

Y

Y

Y

Y

Y

N

Y

Y

Y

N

Y

N

Y

Y

(1) Animal keeping may be subject to permit from Board of Health.

(2) But no animals kept closer than 500 feet to any lot line.

(3) Temporary carnival sponsored by a non-profit organization permitted upon approval by the Board of Selectmen.

(4) As determined by the Zoning Enforcement Officer.

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(5) Multi-family dwellings are allowed in the Highway Business (BA) District upon grant of a Special Permit by the Planning Board in accordance with Section 5200.

2300. USE REGULATION SCHEDULE

DISTRICT

C

R

AA

AB

BA

G2

BB

IA

IB

IC

ID

M

AE

M-1

DPOD

All Other

INSTITIONAL USES:

Religious , sectarian, denominational; or public educational uses, religious purposes:

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Other educational uses: (3)

S

N

N

Y

Y

S

N

S

S

S

Y

Y

Y

SP

N

Municipal use voted at Town Meeting (not more specifically cited in Section 2300):

S

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Hospital, sanitarium, convalescent, nursing or rest home, congregate housing:

N

S

Y

SP

SP

S

N

S

Y

S

Y

SP

Y

SP

S

Patriotic, fraternal or social clubs, if not conducted for profit; other philanthropic institution or club:

N

N

S

SP

SP

S

N

S

S

S

Y

SP

Y

SP

N

COMMERCIAL USES:

Motor vehicle service station (See Section 3300):

N

N

N

S(1)

N

S(1)

N

S(1)

S

S(1)

N

S(1)

N

N

N

Animal kennel or hospital as Licensed under Chapter 140, Section 137a. General Laws:

N

N

S

SP

SP

Y

N

Y

N

Y

N

SP

N

N

N

Indoor recreation:

N

N

N

SP

SP

Y

N

Y

SP

Y

N

SP

N

SP

N

Banks, office space:

N

N

N

SP

SP(4)

Y

Y

Y

SP

Y

N

SP

N

SP

N

Restaurants:

N

N

N

SP

N

Y(2)

N

Y(2)

SP

Y(2)

N

SP

N

SP

N

Hotel, motel, motor court:

N

N

N

SP

SP

Y

N

Y

SP

Y

N

SP

N

SP

N

Other retail sales & services:

N

N

N

SP

SP(5)

Y

N

Y

SP

Y

N

SP

N

SP

N

Display & sale of natural products, a portion of which are raised by the proprietor in Westborough.

N

S

S

Y

Y

Y

Y

Y

SP

Y

N

Y

N

SP

S

(1) Special Permits to be issued by Board of Selectmen rather than Board of Appeals.

(2) Except “S”, if food is to be consumed on premises outside of a building, or to be sold packaged for take-out is incidental to service for on-premises consumption.

(3) Shall not apply to land or structures for religious or educational purposes on land owned or leased by Commonwealth or any of its agencies subdivisions or bodies, politic or by a religious sect of denomination or by a non-profit educational corporation.

(4) Small professional offices in residential style structure limited to a maximum of 4,000 square feet of gross floor area.

(5) Limited to a maximum of 5,000 square feet of gross floor area.

42

2300. USE REGULATION SCHEDULE

DISTRICT

C

R

AA

AB

BA

G2

BB

IA

IB

IC

ID

M

AE

M-1

DPOD

All Other

INDUSTRIAL UTILITY USES:

Airport, heliport:

N

N

N

N

N

N

S

S

S

S

N

N

N

N

N

Public utility with outside equipment or storage:

S

N

N

Y

Y

Y

Y

Y

Y

Y

N

Y

N

N

N

With none of above:

S

S

S

Y

Y

Y

Y

Y

Y

Y

N

Y

N

SP

S

Earth Removal (See Section 4100) (1):

S

S

S

S

S

S

S

S

SP

S

N

S

N

SP

S

Trucking terminal, bulk storage, Contractor’s yard:

N

N

N

N

N

N

Y

Y

SP

Y

N

N

N

Y

N

Manufacturing, Processing and Warehouse:

N

N

N

SP

N

N

Y

Y

Y

Y

N

SP

N

N

N

ADULT ENTERTAINMENT USES:

N

N

N

SP

N

N

N

N

N

N

N

SP

N

N

N

OTHER PRINCIPAL USES:

Other use having externally observable attributes similar to one of the above:

-- as regulated above --

All other uses:

N N N N N N N N N N -- N N N N

ACCESSORY USES:

Home occupations:

N

Y

Y

Y

S

Y

S

Y

Y

Y

N

Y

N

SP

Y

Customary accessory uses & structures (See Section 4400):

Shall incur the same regulations as the principal use listed in this Section.

Agriculture, Horticulture or Floriculture:

Insofar as it can be established that the primary purpose of the use the land falls within the above mentioned categories, the regulations herein shall not apply, if same is deemed unreasonable, nor shall such use require a Special Permit. Expansion or reconstruction of existing structures upland primarily being used for agriculture, horticulture or floriculture, shall not be prohibited or unreasonably regulated except that all such activities may be limited to parcels of more than five (5) acres of areas not zoned for agriculture, horticulture, or floriculture. Land divided by a public or private way or a waterway shall be construed as one parcel.

(1) Special Permits to be issued by Planning rather than the Board of Appeals

Article 30: We recommend the Town so vote. (6-0-0)

To aid in your review of Articles 30 – 33, the following key explains the letter designations, which are further explained in Sections 2100 and 2300 of the Town's Zoning Bylaws:

R Residential

AA Garden Apartments

AB High Rise Apartments

BA Highway Business (Route 9)

BB Downtown Business

G2 Gateway 2 (Water Street to Lyman Street)

IA Exclusive Industrial (manufacturing, agriculture, recreation)

IB General Industrial (retail sales and service, office, restaurant)

IC Mixed Use Industrial (Transit-Oriented Village)

ID (Proposed Article ) - Same as IB with 6 stories and 40% open space

C Conservation

M State Owned Property

M-1 Town Owned property

43

AE Adult Entertainment

DPOD Downtown Planning Overlay District (Downtown Mixed Uses i.e. Bay State Commons)

The Board of Selectmen had not voted on this Article as of the date of publication.

The Planning Board voted to support this Article.

Town Manager’s Statement – This article was proposed by the Town’s Economic Development Committee to address concerns related to the current open space and height provisions of the Town’s Zoning Bylaws. This bylaw would create a new overlay district (Industrial D) which would be located in the eastern part of Route 9 near I-495 and would allow, by special permit, 6 story structures and reduce the open space requirement to 40%.