200-21. Retirement Community Residence Districts.
In all portions of the City indicated on the City Zoning Map as Retirement Community Residence Districts:
A. All permitted uses must comply with the appropriate provisions of Article V, and
Article VII, except as otherwise specified herein.
B. The only use permitted in a Retirement Community Residence District shall be a
retirement community. Such use shall be permitted as of right provided that it is composed entirely of detached single-family residences on separate lots which comply in all ways with the Zoning Ordinance provisions then in effect which are applicable to single family residences in a Residence A-1 Zone. A retirement community may also be allowed by Special Permit as specified in subparagraph (C) below.
C. When approved by the City Council in writing by Special Permit in accordance with
Article VII Section 200-59, a Retirement Community as defined in Section 200-05 may be allowed subject to the following conditions:
(1) No building shall be more than two and one-half stories in height.
(2) Each building shall face either upon an existing street or upon a public or private way constructed within said Retirement Community, and shall have a minimum front yard of no less than twenty feet from the edge of the paved way to the closest point of the structure, and a side yard of no less than ten feet from the edge of the paved way to the closest point of the structure. Each building, whether principal or accessory, shall be at least twenty feet distant from any other building by air line distance between the nearest points of the buildings.
(3) No dwelling shall contain less than one thousand (1,000) square feet of living area or more than two thousand four hundred (2,400) square feet of living area. At least sixty six (66) percent of the living area in each unit shall be located on the first floor.
(4) All dwelling units shall be detached from the others or attached only along sidewalls in the so-called "townhouse" style.
(5) The lot or lots on which a Retirement Community is located shall contain at least five thousand (5,000) square feet per unit in the Retirement Community.
(6) No part of any principal building shall be within twenty five (25) feet of any exterior lot line nor shall any part of any building be closer to any exterior lot line than the minimum side yard requirement which would have been applicable in the zoning district in which the land in question was located before it was rezoned into a Retirement Community Residence District. A building may be as close as twenty five (25) feet to the front yard line of the exterior lot; provided, however, that no said building shall be less than fifty (50) feet from the side line of a public way.
(7) Each dwelling unit shall have its own attached yard area.
(8) Required off-street parking for each dwelling unit shall be adjacent thereto. Each unit shall be required to provide one parking space inside a garage and an additional space in front of a garage, said garage to be attached to said unit. The City Council may, as a condition of its Special Permit, require additional off street parking areas to be used in common by dwelling unit owners and their invitees. In addition, the City Council may, as a condition of the Special Permit, require that adoption of legally enforceable condominium by-laws or other similar regulations to limit or prohibit the presence
in the Retirement Community, either entirely or except in designated locations, of boats, boat trailers, campers, or other recreational vehicles.
(9) Maximum lot coverage in a Retirement Community shall not exceed fifty (50) percent of the total lot size, excluding from lot size any land which, prior to development of the site as a Retirement Community, would be defined as a resource area as that term is defined in MGL Chapter 131 Section 40.
(10) Each lot or contiguous lots upon which a Retirement Community is located
shall have total frontage on an existing public way of at least two hundred fifty (250) feet; provided, however, that said frontage need not be continuous.
(11) The City Council may, as a Permit condition, require that all proposed condominium by-laws or similar binding retirement community regulations which may be relevant to the issuance of the Permit, including but not limited to by-law provisions prohibiting the presence of children residing in the retirement community and limiting or prohibiting the presence in the retirement community of boats, boat trailers, or recreational vehicles, be made a part of the Special Permit, and that any change to or failure to enforce said provisions shall be a violation of said Special
Permit.
(12) The City Council may, as a Permit condition, require that the proposed Retirement Community be constructed entirely on one lot, and that, from and after the date of the issuance of the building permit for said community or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the City Council; provided, however, that the recording of a condominium master deed and the conveyance of condominium units within the area covered by said deed shall be allowed.
(13) No unit in a Retirement Community shall have more than three bedrooms.
C. The provisions of Section 200-26(A) and 200-26(E)(8), shall not apply to a Special
Permit for the construction of a Retirement Community.
200-22. Retirement Community Overlay Districts.
A. Purpose. The purpose of the Retirement Community Overlay District shall be to
advance the public health, safety and welfare by providing for the development of retirement communities and other multifamily residential housing on sites which are otherwise zoned for other purposes but which, because of the size of the parcel being developed and its proximity to other residential neighborhoods, and/or residential amenities, will provide an appropriate environment for a Retirement Community and for other multifamily housing which may be developed in conjunction therewith.
B. Location. For the purposes of this Section, a Retirement Community Overlay District shall be considered superimposed on the other Districts existing at the time that any land in any said underlying District is also included in the Retirement Community Overlay District. The rezoning of any or all of the land included in the Retirement Community Overlay District from one underlying Zoning classification to another shall not affect its inclusion in the Retirement Community Overlay District, unless said land is specifically removed from the said Retirement Community Overlay District.
C. Permitted Uses. All permitted uses must comply with the appropriate provisions of
Article V and Article VII, except as otherwise specified herein. In addition to those uses which are allowed, either as of right or by Special Permit, in the underlying District of any land which has been included in the Retirement Community Overlay District, the City Council may, by Special Permit in accordance with Section 200-59, permit a Retirement Community as defined in Section 200-05, and such additional multifamily housing units, segregated onto a separate portion of the Site, referred to herein as an "ancillary residential community", as the City Council deems appropriate, consistent with the following provisions:
(1) No building in a Retirement Community shall be more than two and one-half (2 ½) stories in height.
(2) Each building in a Retirement Community shall face either upon an existing street or upon a public or private way constructed within said Retirement Community, and shall have a minimum front yard of no less than twenty (20) feet from the edge of the paved way to the closest point of the structure, and a side yard of not less than ten (10) feet from the edge of the paved way to the closest point of the structure. Each building, whether principal or accessory, shall be at least ten (10) feet distant from any other building by air line distance between the nearest points of the buildings.
(3) No dwelling in a Retirement Community shall contain less than one thousand (1,000) square feet of living area or more than two thousand four hundred (2,400) square feet of living area. At least sixty six (66) percent of the living area in each unit shall be located on the first floor.
(4) All dwelling units in a Retirement Community shall be detached from the others or attached only along sidewalls in the so-called "townhouse" style.
(5) The lot or lots on which a Retirement Community and any approved ancillary Residential Community are located shall contain, on a consolidated basis, at least seven thousand (7,000) square feet per housing unit.
(6) No part of any principal building in a Retirement Community shall be less
than twenty five (25) feet from any exterior lot line, or less than fifty (50) feet from the side of any public way.
(7) Each dwelling unit in a Retirement Community shall have its own attached yard area.
(8) Required off-street parking for each dwelling unit in a Retirement Community shall be adjacent thereto. Each unit shall be required to provide one parking space inside a garage and an additional space in front of a garage, said garage to be attached to said unit. The City Council may, as a condition of its Special Permit, require additional off-street parking areas to be used in common by dwelling unit owners and their invitees. In addition, the City Council may as a condition of the Special Permit, require that adoption of legally enforceable condominium by-laws or other similar regulations to limit or prohibit the presence in a Retirement Community, either entirely or except in designated
locations, of boats, boat trailers, campers, or other recreational vehicles.
(9) Maximum combined lot coverage in a Retirement Community and in any
permitted ancillary Residential Community shall not exceed forty (40) percent of the total lot size.
(10) Each lot or contiguous lots upon which a Retirement Community is located
shall have total frontage on an existing public way of at least two hundred fifty (250) feet. Each lot or combination of lots shall have a total size of not less than ten (10) acres. The underlying Zoning District for all said land shall be either Industrial or Limited Industrial.
(11) The City Council may, as a Permit condition, require that all proposed
condominium by-laws or similar binding retirement community regulations which may be relevant to the issuance of the Permit, including but not limited to by-law provisions prohibiting the presence of children residing in a Retirement Community and limiting or prohibiting the presence in a Retirement Community of boats, boat trailers, or recreational vehicles, be made a part of the Special Permit, and that any change to or failure to enforce said provisions shall be a violation of said Special Permit.
(12) The City Council may, as a Permit condition, require that a proposed
Retirement Community be constructed entirely on one lot, and that, from and after the date of the issuance of the Building Permit for said community or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the City Council; provided, however, that the recording of a condominium master deed and the conveyance of condominium units within the area covered by said deed shall be allowed.
(13) No unit in a Retirement Community shall have more than three bedrooms.
(14) The following site development provisions shall apply to any ancillary
Residential Community which is approved in conjunction with the granting of a Special Permit for the construction of a Retirement Community:
(a) Each building in an ancillary Residential Community shall face either upon an existing street or upon a public or private way constructed within said ancillary Residential Community, and shall have a minimum front yard of no less than ten (10) feet from the edge of the paved way to the closest point of the structure. Each building, whether principal or accessory, shall be at least fifty (50) feet from any other building by air line distance between the nearest points of the building.
(b) No dwelling unit shall contain less than eight hundred (800) square feet of floor space exclusive of halls and stairs, and no room shall contain less than one hundred twenty (120) square feet.
(c) No part of any building in any ancillary Residential Community shall be less than thirty (30) feet from any lot line, less than fifty (50) feet from any street, or less than eighty (80) feet from the nearest structure in a Retirement Community.
(d) All site landscaping shall be designed so as to provide a clear sense of separation between the ancillary Residential Community and a Retirement Community. Landscape design preference shall be given to the maintenance of existing trees and groundcover. The development of large lawn areas shall be minimized.
(e) The City Council may, as a condition of any Special Permit which includes an ancillary Residential Community, require that the land area on which the ancillary Residential Community is located be permanently maintained as one undivided lot or, within a condominium, as one undivided condominium unit, or require such other legal mechanism as will, in the opinion of the City Council, assure that the said ancillary Residential Community will not be subdivided or its ownership further condominiumized, that said ancillary Residential Community will remain as rental housing, and that ownership of said ancillary Residential Community will remain
consolidated.
(f) The total number of units in an ancillary residential facility shall not exceed thirty (30) percent of the combined total of retirement community and ancillary apartment units.
D. The provisions of Section 200-26 A shall not apply to a Special Permit for the construction of a Retirement Community or an ancillary Residential Community in a Retirement Community Overlay District.
200-23. Floodplain and Wetland Protection District.
A. Purpose. The Floodplain and Wetland Protection District and the regulations herein have been established with the following purposes intended:
(1) To protect the public health and safety, persons and property against flooding and the hazard of floodwater inundation.
(2) To control and regulate the development of land and construction of buildings thereon and structures therein within the Floodplain and Wetland Protection District, particularly in relation to the use of swampland, marshes and areas along watercourses, ponds and lakes and land subject to seasonal and/or periodic flooding.
(3) To protect the public from the burden of extraordinary financial expenditures for flood control and relief and to protect against unanticipated costs resulting from erosion, siltation, pollution or contamination of drainage ways and surface or ground water resources of the City or neighboring communities.
(4) To preserve the capacity of floodplain, watershed or wetland areas to absorb, transmit and store runoff and to assure the retention of sufficient floodway area to convey flows which can reasonably be expected to occur.
B. Location.
(1) For the purpose of this Section, the Floodplain and Wetland Protection Districts shall be considered superimposed on the other districts existing in the same area as shown on the Zoning District Map of the City of Marlborough, Massachusetts, and any buildings, structure or use of land included in the Floodplain and Wetland Protection District shall also be deemed to be within the particular district in which it is located as shown on said Zoning Map and subject to all the regulations and requirements thereof, in addition to those set forth in this Section.
(2) The boundaries, elevations and setback requirements of the Floodplain and Wetland Protection District shall be as shown on a map entitled "City of Marlborough, Massachusetts Floodplain and Wetland Protection District 1982" and shall also include all special flood hazard areas designated as Zone A, A1-A30 on the City of Marlborough Flood Insurance Rate Maps dated January 6, 1982, and these maps, as well as the accompanying Marlborough Flood Insurance Study, are hereby, by this reference, made a part of the Zoning Chapter.
C. Prohibited Uses. The following uses are prohibited within the Floodplain and Wetland Protection District:
(1) The storage of buoyant, flammable, explosive or toxic material in a floodplain or wetland.
(2) The dumping of waste, rubbish, demolition or hazardous materials in a
floodplain or wetland area.
(3) The addition, removal or transfer of such quantities of material, including
earth, soil, trees, stumps or vegetation, that would reduce the water storage capacity of the floodplain or wetland, obstruct the flow of water in a floodway or otherwise adversely affect the natural hydrology of the area, except as may be a part of a plan for public flood control, municipal drainage or utility system or organized mosquito control district.
(4) The digging or drilling of a well intended as a source of domestic water, except for public water supply wells adequately sealed against the infiltration of surface water.
(5) The construction of an on-site sewage disposal system in the floodplain or designated wetland area.
(6) Any encroachment in the regulatory floodway, as shown on the Floodway-Flood Boundary Map that would increase the water surface elevation of the one-hundred year flood.
D. Special Permit Required.
(1) In a Floodplain and Wetland Protection District, no building or structure shall be constructed, altered or modified in its present use, and no land shall be filled, excavated or otherwise changed in grade, except pursuant to a Special Permit authorized by the Board of Appeals as hereinafter provided. Any application for such Permit shall be submitted in quintuplicate (five [5]) to the Board of Appeals and shall be accompanied by a plan of the premises in question showing:
(a) The boundaries and dimensions of the area.
(b) The location, dimensions and elevation above mean sea level of existing and proposed buildings and structures thereon.
(c) The existing contours in two-foot intervals of the land and of any proposed changes therefrom.
(d) Such other information as is deemed necessary to the Board of Appeals to indicate the complete physical characteristics of the area and the proposed construction and/or grading thereof.
(2) The portion of any lot in this district may be used to meet lot area requirements for the residential districts over which the Floodplain and Wetland Protection District is superimposed, provided that such portion does not constitute more than fifty percent (50%) of the minimum lot area required in the residential district. Land in the Floodplain and Wetland Protection District may not be used to meet more than fifteen (15) percent of the minimum lot area requirements in Business, Commercial or Industrial Districts.
E. Reference to Other Boards. Within ten (10) days after receipt of the application for a Special Permit as herein provided, the Board of Appeals shall transmit copies thereof, together with copies of the accompanying plan, to the Board of Health, Planning Board, Engineering Department and the Conservation Commission. Such Boards and Commission may, at their discretion, investigate the application and report in writing their recommendations to the Board of Appeals. The Board of Appeals shall not take final action on such application until it has received a report thereon from the above Boards and Commission, or until such Boards and Commission have allowed forty-five (45) days to elapse after receipt of said application without
submission of a report.
F. Other Jurisdictions.
(1) If approval for filling the land must be obtained from the Commonwealth, or the United States Government or any agency or subdivision thereof, or an Order of Conditions is necessary from the Marlborough Conservation Commission in accordance with MGL Chapter 131 Section 40, then such approval and any conditions imposed thereon shall be filed with the Board of Appeals with the application.
(2) If, in the opinion of the Board of Appeals, such application for approval by other jurisdictions is in sufficient detail and provides the necessary information to furnish the criteria for their decision, then the same application and plan may be used for filing with the Board of Appeals for approval under the Floodplain and Wetland Protection District regulations.
G. Criteria of Approval. The Board of Appeals may issue a Special Permit hereunder, subject to other provisions of this Zoning Chapter, if it finds that the proposed construction and use and/or proposed change in grade will not derogate from the intent and purpose of this district nor endanger the health and safety of the public nor the legitimate use of other land in the city. In deciding on an application for a Special Permit under this Section, but without limiting the generality of the foregoing, the Board shall assure to a degree consistent with a reasonable use of the premises for purposes permitted in the use district in which located, that the proposed construction, use and/or
change of grade will not obstruct or divert flood flow, reduce natural storage or increase stormwater runoff to the extent of raising high water levels on any other land to any significant degree; the proposed system of drainage and/or private sewage disposal will not cause siltation, pollution or otherwise endanger public health; the proposed construction shall have street or other appropriate access that shall be at least one (1) foot above base flood elevation; and structures designed for human occupancy shall have lowest floor, including basement, heating, electrical and sanitary sewer systems, at least two (2) feet above base flood elevation. Fill deposited to bring the lowest floor to the required elevation shall extend to at least fifteen (15) feet beyond the limits of the structure thereon.
H. Conditions of Permit. In granting a Special Permit hereunder, the Board of Appeals shall impose conditions specifically designed to safeguard the health and safety of occupants of the premises and of other land in and adjacent to the district and to ensure conformity with the provisions thereof. It shall also be the duty of the Board of Appeals to ascertain that the requirements of the FEMA flood insurance program have been met in that:
(1) Within Zones A1-A30 of the Flood Insurance Rate Maps of the City of Marlborough, all new construction and substantial improvements, the cost of which equals or exceeds fifty (50) percent of the market value of the structure, of residential and nonresidential structures shall have the lowest floor, including basement, elevated to two (2) feet above the base flood elevation (the one-hundred-year flood elevation designated on the FIRM) or in the case of nonresidential structures, be flood proofed, watertight to the base flood level.
(2) Within Zone A, where the base flood elevation is not provided on the FIRM, the Building Inspector shall obtain and review any already existing base flood elevation data. If the data is reasonable, it shall be used to require compliance with Subsection H(1) above.
(3) Where watertight flood-proofing of a structure is permitted, a registered professional engineer or architect shall certify that the methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood.
I. Determination of Levels.
(1) For the purpose of this Section, the term "base flood elevation" refers to the flood having a one (1) percent chance of being equaled or exceeded in any given year, commonly referred to as the "one-hundred-year flood." Where, in the opinion of the Board of Appeals, engineering studies are needed to determine the high water level on a particular premise and/or the effect of a proposed building, structure or grading on flood flow, natural safety of any building, structure or grading on flood flow, natural safety of any building or structure, such engineering study shall be at the expense of the petitioner.
(2) If any land in the Floodplain and Wetland Protection District is proven to the satisfaction of the Zoning Board of Appeals, after the question has been referred to and a recommendation received from the City Engineer, Planning Board, Board of Health and Conservation Commission, as being in fact above the base flood elevation, and that the use of such land will not be detrimental to the public health, safety and/or welfare, the Board of Appeals may, after a public hearing, with due notice issue a Special Permit for any use allowed in the underlying district, in which case all other Zoning Chapter and state regulations applicable to such land use shall apply.
(3) The establishment of a Floodplain and Wetland Protection District hereunder shall not constitute a representation that all land outside of said district will be free from flooding.
J. List of Floodplain and Wetland District Areas. The areas placed in said district are shown on the map and include in part the areas designated by FEMA for the flood insurance program and the major wetlands in the City designated by the Massachusetts Department of Environmental Management as being subject to an order of restriction under MGL Chapter 131 Section 40A. Elevations given are based on the United States Coast and Geodetic Survey datum.
K. Mobile Home Development Regulations.
(1) Within Zone A1-A30, all mobile homes shall provide that:
(a) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level.
(b) Adequate surface drainage and access for a hauler are provided.
(c) In the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than ten (10) feet apart and reinforcement is provided for piers more than six (6) feet above ground level.
(2) The placement of mobile homes, except in an existing mobile home park or mobile home subdivision, are prohibited in the floodway.
200-24. Water Supply Protection District.
A. Purpose. The Water Supply Protection District and this Section have been established with the following purposes intended:
(1) To protect the health, safety, and general welfare of the community.
(2) To protect, preserve, and maintain the quality and quantity of existing and potential drinking water supplies in the community.
(3) To regulate the development and uses of land within the Water Supply Protection District which, if not regulated, may contaminate or diminish the quality and quantity of water.
(4) To protect the public from the burden of extraordinary financial expenditures due to the closure of contaminated water supplies and the need to purchase alternative supplies.
B. Scope of Authority. The Water Supply Protection District is an overlay district superimposed on the zoning district. This overlay district shall apply to all new construction, reconstruction, and expansion of existing buildings and new or expanded uses. Applicable activities or uses which fall within the Water Supply Protection District must comply with the requirements of this district as well as with the underlying zoning. Uses that are prohibited in the underlying zoning district shall not be permitted in the Water Supply Protection District.
C. Definitions.
Adverse Impact: Any activity during or after construction which will have a negative impact to water quality or quantity. This includes but is not limited to surface water contamination, groundwater contamination, water temperature changes, and changes in hydrology that would negatively affect the water quality and quantity.
Bank: A bank is the portion of the land surface which normally abuts and confines a waterbody. It occurs between a waterbody and a bordering vegetated wetland and adjacent flood plain, or in the absence of these, it occurs between a body of water and an upland. The upper boundary of a bank is the first observable break in slope or the mean annual flood level, whichever is lower.
Impervious surface: Surface areas with material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
Lot: A single tract of land in identical ownership throughout, with definite boundaries
as ascertainable through a recorded plan or deed.
Lot Coverage: The area of a lot covered by all structures, areas used by vehicular traffic and parking, including driveways, loading bays and maneuvering aisles, whether paved, unpaved or graveled, and of all impermeable areas such as paved walkways or outdoor storage areas, but not including gravel walkways or pedestrian areas not adjacent to parking lots or buildings. Areas not included in "lot coverage" shall be landscaped and natural areas.
Recharge Area: Any point of groundwater and/or surface water which leads to the public water supply.
Redeveloped Lot, Redevelopment: When the building or site undergoes a change of use or is enlarged by more than ten (10) percent of the floor or ground areas of use or when any new principal building is built on the site or when any new building, addition, alteration or change of use requires a parking increase of five (5) or more spaces.
Small Lot: A lot of land, as defined herein, existing at the time of the publication of this ordinance, and which does not exceed three (3) acres in total area.
Toxic or Hazardous Materials: Any substance or mixture of such physical, chemical or infectious characteristics in sufficient quantity as to pose, in the opinion of the Board of Health, a significant actual or potential hazard to water supplies if such substance or mixture were discharged to the land or waters of this City. Toxic or hazardous materials include without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious waste, acids or alkalies and include products such as pesticides, herbicides, solvents and thinners.
Tributary: A body of running water, including a river, stream, brook and creek, and intermittent stream which moves in a definite channel in the ground due to a hydraulic gradient and which flows ultimately into a reservoir in the watershed, as determined by reference to the most recent edition of the United States Geologic Survey maps or any other map determined to be more accurate. A tributary shall include the land over which the water therein runs and the banks thereto.
Vegetated Buffer Zone: An area between the wetland and the upland which is to be
kept vegetated to allow for the protection of the adjacent bordering vegetated wetland,
bank and land underwater as defined by MGL Chapter 131, Section 40. The buffer
zone shall be measured from the edge of the wetland area into the upland area. The
buffer zone shall not be measured from the floodplain or isolated land subject to
flooding.
D. Establishment of District.
(1) For the purpose of this Section, the Water Supply Protection District shall be considered superimposed on the other districts existing in the same area as shown on the Zoning District Map of the City of Marlborough, Massachusetts. Any buildings, structure or use of land included in the Water Supply Protection Districts shall also be deemed to be within the particular district in which it is located as shown on said Zoning Map and subject to all the regulations and requirements thereof, in addition to those set forth in this section.
(2) The boundaries of the Water Supply Protection District shall be as particularly described in Section C below and as generally shown on a map entitled "City of Marlborough, Massachusetts, Water Supply Protection District l996". This map is hereby made a part of the Zoning Ordinance and is on file in the office of the City Clerk.
(3) The Water Supply Protection District shall consist of the following two zones:
(a) Zone A - Any area within four hundred (400) feet of the top of the stream bank or mean annual high water mark, whichever elevation is lower of the following surface waters:
° Millham Reservoir
° Lake Williams
° North Branch of Millham Brook from Spring Street to Millham Reservoir
° Millham Brook from Lake Williams to Millham Reservoir (including all culverted sections of Millham Brook).
° Unnamed brook flowing from Evelina Drive to Millham Reservoir and parallel to Millham Street
° Unnamed brook flowing from Simmons Street to Millham Brook and parallel to Elm Street
° Unnamed brook flowing from Masciarelli Drive to Millham Brook at Glen Street.
° Unnamed brook flowing from the outlet pipe to the pond/detention facility located on Assessor's Map 78, parcel 1 to its intersection with Millham Brook approximately 550 feet east of Elm St.
(b) Zone B - All areas within one half (1/2) mile upgradient of the Zone A boundary or to the boundary of the Watershed Protection District whichever is smaller.
(4) When the district boundary or zone boundary is questionable in relation to a particular parcel, the owner or project proponent shall meet with the City Engineer to ascertain the location of the respective boundary. The City Engineer may require the owner or project proponent to provide information sufficient to substantiate the boundary in question. Upon the request and at the expense of the owner or project proponent, the City Engineer may engage the services of a Registered Professional Civil or Sanitary Engineer or Hydrologist to determine the questionable boundary.
The location as determined by the City Engineer shall be considered final for the purposes of determining the applicability of this ordinance.
E. Prohibitions.
(1) The following uses are prohibited within all zones of the Water Supply Protection District:
(a) Disposal of solid wastes, other than brush and stumps, including without limitation landfills, junk and salvage yards, and disposal sites that require a site assignment from the Board of Health under MGL Chapter 111, Section l50A;
(b) New underground storage tanks for heating oil.
(c) Hazardous waste disposal or hazardous waste treatment facilities. This does not include pre-treatment facilities required for disposal into the City's municipal sewerage system.
(d) Privately-owned and operated sewage treatment plants; discharge of processed wastewater on-site.
(e) Dumping of snow containing de-icing chemicals originating from outside the district.
(f) Discharge of surface water runoff into closed drainage systems (except of public roadways) unless adequately treated according to Section F.(7) below.
(g) Any floor drain system which discharges to the ground. Any existing facility with such a drain system shall be required to either seal the floor drain (in accordance with the State Plumbing Code 248 CMR 2.0) or legally connect the drain to a municipal sewerage system.
(h) Landfilling of sewage sludge or land application of septage.
(i) Outside storage of pesticides, fertilizers and soil conditioners other than in amounts normally associated with household or farm use.
(j) For the portion of any lot that lies within the Water Supply Protection District in a non-residential zone, impervious surfaces shall not exceed lot coverages as noted in F.(2) below
(2) The following uses are prohibited within Zone A of the Water Supply Protection District but may be permitted by Special Permit in Zone B:
(a) Storage of road salt or other de-icing chemicals, other than in amounts normally associated with household and office use;
(b) Sand and gravel excavation or other mining operations;
(c) Manufacture, use, storage, or disposal of hazardous or toxic materials in quantities greater than those normally associated with domestic household and office use, including pesticides, fertilizers and soil conditioners.
(d) Motor vehicle service stations; automotive repair garages; car washes; truck or bus terminals; heliports; airports; electronic manufacturing; print shops; metal plating, finishing, or polishing; chemical and biological laboratories; painting; wood preserving; and furniture stripping establishments; golf courses; and dry cleaning establishments using toxic or hazardous materials on site.
(e) Outdoor storage of hazardous materials.
(3) The following uses are prohibited within Zone A of the Water Supply Protection District but permitted in Zone B with site plan approval:
(a) subsurface sewage disposal systems
(4) (a) No provisions of this Section shall be construed to limit routine maintenance of public utilities or roads, conservation activities, or recreation.
(b) No provisions of Section (1) or (2) shall be construed to prohibit the maintenance or improvement of existing subsurface sewage disposal systems in accordance with state and local regulations.
F. Criteria for Site Design. In addition to the criteria specified at Section 63 of the Zoning Ordinance, the Site Plan Review Committee shall consider the following criteria for projects proposed within the Water Supply Protection District. The following criteria will also be considered, to the extent practicable, for redevelopment projects proposed within the WSPD.
(1) Adverse Impact on Water Supply - The project will not have an adverse impact on the water supply. The project shall conform to the DEP Stormwater Management Policy as the applicable design criteria to limit adverse impact to the water supply. An environmental impact analysis of pre and post construction pollutant loading estimates into the water supply may be required.
(2) Impervious Area - For the portion of any lot that lies within the Water Supply Protection District the lot coverage as defined herein shall not exceed the following:
(a)
(i) Business zone: 70% total lot coverage.
(ii) Limited Industrial zone: 53% total lot coverage.
(iii) Industrial zone: 53% total lot coverage.
(iv) Residential zone: 30% total lot coverage.
(b) When an existing developed lot, with impervious area exceeding the requirements of Section (2)(a) above is proposed for redevelopment, the impervious area shall be reduced by a minimum of ten (10) percent or conform to the requirements of Section (2)(a) whichever reduces the impervious surface area less.
(3) Hazardous Materials - A complete list of chemicals, pesticides, fertilizers, fuels and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use shall be provided with the Special Permit submission. Protection against toxic or hazardous material discharge or loss through corrosion, accidental damage, spillage, or vandalism shall be provided. Such protection shall include provisions for spill control in the vicinity of chemical or fuel delivery points, and shall include secure storage provisions for corrodible or dissolvable materials. Secondary containment
structures must be provided which are large enough to contain the volume of the containers' total storage capacity per local Fire Department requirements.
(4) Fill - Fill material used in the Water Supply Protection District shall contain no solid waste, toxic or hazardous materials, or hazardous waste. Adequate documentation shall be provided to ensure suitable condition of the fill. The Building Inspector may require soil testing by a certified laboratory prior to the issuance of a building permit.
(5) Emergency Response - For industrial and commercial uses, where hazardous materials are used, a Spill Prevention, Control and Countermeasure Plan to prevent contamination of soil or water in the event of accidental spills or the release of toxic or hazardous materials shall be submitted to the special permit issuing authority if deemed necessary, for approval prior to granting of a Special Permit. Compliance with recommendations of the Fire Department on said plan shall be required.
(6) Monitoring - Periodic monitoring may be required by the Site Plan Review Committee and/or the Planning Board when the site location and land use activities indicate a significant risk of contamination to the water supply based upon recommendations of the City Engineer, Board of Health, Conservation Commission and/or the Water Division. Such monitoring may include analyses of water for appropriate substances and the installation of groundwater monitoring wells appropriately constructed and located.
(7) Runoff - Degradation of surface water runoff shall be minimized. Pollutant loading estimates may be required. Applicants shall evaluate the feasibility of utilizing measures to infiltrate storm water and to route runoff over vegetated surfaces prior to discharge into surface water, including but not limited to wet retention basins, infiltration basins and trenches, dry wells, filter strips, vegetated swales, filter berms, and extended detention basins with constructed wetlands. Erosion from the site shall be minimized. Storm water management systems shall use the best management practices
to attenuate pollutants from all storm water, including the first 1.0 inch of runoff times the total impervious surface (first flush) of the post development project. Department of Environmental Protection guidelines on Storm Water Management Policy and any regulations or policies which may be adopted by the State Department of Environmental Protection, shall be followed. Best management practices shall be used and shall be designed to remove at least eighty (80) percent or more of the Total Suspended Solids and pollutant loads. The storm water management system must also be designed to detain the 2 (two), 10 (ten), and 100 (one hundred) year storm events to pre-construction runoff rates. For all non-residential uses all catch basins shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination, and shall be maintained in full working order by the owner.
(8) Infiltration - In instances where infiltration is proposed to treat stormwater pursuant to Section (7) above, soil overburden shall not be lowered to finish exterior grades less than two (2) feet above maximum groundwater elevation, unless technical evidence can be provided showing to the Planning Board's and/or Site Plan Review Committee's satisfaction that groundwater quantity or quality will not be detrimentally affected. Technical evidence may include without limitation a determination of soil and geologic conditions where low permeability will mitigate leachate penetration and
evapotranspiration.
(9) Fifty (50) foot Wetland Buffer Zone: No disturbance of the ground surface or development within fifty (50) feet of a wetland resource area defined under MGL Chapter 131, Section 40 (except the floodplain and isolated land subject to flooding) shall be permitted. Development shall mean any clearing, grading, earth moving or construction of any kind.
(a) Notwithstanding the foregoing, in existing developed areas which are being redeveloped, and where a pervious buffer zone does not already exist, a fifty (50) foot vegetated buffer zone shall be created to provide buffering around the wetland resource area. Where this is not reasonably attainable, the maximum buffer zone possible will be provided, but in no case shall it be less than twenty (20) feet.
(b) Notwithstanding the foregoing, wetland filling shall only be allowed after an alternatives analysis is provided and no other access or configuration is reasonably possible. Any wetland filling shall create the least environmental impact. In such events, the wetlands replication shall be one and one half times the amount of wetlands to be filled. The new replication area shall also have a minimum of a fifty (50) foot buffer zone established around
it.
G. Special Permit.
(1) Pre-Application Review. Prior to filing an application for a Special Permit, the applicant shall meet with the Conservation Officer and City Engineer in order to review and to the extent possible identify all major areas of concern as they relate to the project and this Ordinance.
(2) Special Permit Procedure. The Special Permit procedure as outlined in Section 200-59 C (Rules and Regulations of Application/Petition for Special Permit by the City Council Under the Marlborough Zoning Ordinance)) shall be followed. In addition to the submission requirements under the Special Permit procedure, any additional information required as noted above should be included with the application. Except as may otherwise be specified herein compliance with all other portions of the City Zoning Ordinance is required.
H. Small Lots. The provision of Section F.(2)(a) and (b) shall not apply to a small lot or a group of small lots which, when combined into one lot, does not exceed 3 acres in size.
I. Existing Orders of Conditions. The provisions of Section F.(9) in its entirety shall not apply to any lot which, at the time of the publication of this Ordinance, is subject to an Order of Conditions issued by the City of Marlborough Conservation Commission.
200-25. Wireless Communications Facilities
A. Purposes.
(1) To promote the health, safety and general welfare of the community.
(2) To guide sound development.
(3) To conserve the value of land and buildings.
(4) To encourage the most appropriate use of the land.
(5) To minimize the adverse aesthetic impact of Wireless Communication Facilities.
(6) To minimize the number of Wireless Communication Facility (WCF) sites.
(7) To encourage co-location by wireless communication companies on Wireless Communication Facilities.
(8) To ensure that WCF are cited, designed and screened in a manner that is sensitive to the surrounding neighborhood.
(9) To avoid damage to adjacent properties.
B. Definitions.
Wireless Communication Facilities: Any and all materials, equipment, storage
structures, towers, dishes and antennas, other than customer premises equipment, used by a commercial telecommunications carrier to provide telecommunications services. This definition does not include facilities used by a federally-licensed amateur radio operator, or facilities which are accessory to the use of a business or building and are for the exclusive use of the owner of the building or the tenant.
Tower: Any equipment mounting structure that is used primarily to support reception
or transmission equipment and that measures twelve (12) feet or more in its longest
vertical dimension. The term "Tower" includes, but is not limited to, monopole and
lattice towers.
Communications Device: Any antennae, dish or panel mounted out of doors on an
already existing building or structure used by a commercial telecommunications carrier
to provide telecommunications services. Interior-mounted antennas, dishes or panels
are not subject to the provisions of this Section, except for the provisions of Subsection
F.(10) of this Section. The term "communications device" does not include a Tower.
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