Section 48 Route 146 Highway Corridor Overlay
Section 48. Route 146 Highway Corridor Overlay District.
48.1 Purpose. The purpose of the Route 146 Highway Corridor Overlay District (the "146 HCOD") is to: provide for orderly development that is conductive at highway interchanges; encourage economic growth while avoiding serious negative effects locally and in the region by encouragement of the most appropriate use of adjacent corridor lands; maintain the scenic natural and historical features of the area; and maintain the safe, efficient movement of traffic throughout the corridor by the orderly development of the land, in order to promote the health, safety, and general welfare of present and future generations of Millbury citizens.
48.2 Location. The exact location shall be determined by the official map called "Route 146 Highway Corridor Overlay District". This map will not act to rezone parcels unless they conform under the overlay district regulations and obtain a Special Permit from the Planning Board.
48.3 Classified Uses. All uses within the 146 HCOD shall be subject to the use limitations as described in section 48.30 through 48.34 of this section. All uses exclusively permitted shall be permitted only where incorporated into a coordinated development with an aggregate lot area so designated by the node classification chart.
48.31 Node Classification I. Node classification I shall be any parcel in the 146 HCOD which contains a minimum lot area of sixteen (16) contiguous acres.
Uses Permitted by Special Permit:
Theaters, museums, cultural and/or social community facilities, convention centers.
Research and development.
Business and professional offices.
Child/elderly day care facility.
Retail sales and services.
Restaurant.
Motel or hotel.
Parking to service a permitted use but not having more than one (1) commercial vehicle or any construction equipment or any truck over one and one-half (1 1/2) tons.
Personal services.
Indoor and outdoor recreational facilities.
Multifamily dwellings.
Prohibited Uses:
Trucking terminals.
Commercial or institutional laundries or dry-cleaning facilities.
Outdoor or underground storage or disposal of engine lubricants, coolants and antifreeze.
Motor vehicle service stations.
All used and/or new vehicle sales including but not limited to motor vehicles, all terrain vehicles, recreational vehicles.
48.32 Node Classification II. Node classification II shall be any parcel in the 146 HCOD which contains a minimum lot area of four (4) contiguous acres.
Uses Permitted by Special Permit:
Business or professional offices.
Research and development.
Retail sales and services.
Personal services.
Restaurant; except the use of drive up windows and/or counter service.
Motel or hotel.
Commercial amusements and recreation.
Prohibited Uses:
All used and/or new vehicle sales including but not limited to motor vehicles, all terrain vehicles, recreational vehicles.
Trucking terminals.
Commercial or institutional laundries or dry-cleaning facility.
Outdoor or underground storage or disposal of engine lubricants, coolants, and antifreeze.
Restaurants with drive through service and/or counter service.
48.33 Uses Allowed by Right (Node or Underlying). If there is no node application, then the underlying uses will be permitted.
48.34 Mixed Use. A concentration of complementary land uses that combine uses in a compact area, in one or separate structures on the same node, are strongly encouraged. These uses would be physically integrated by road and pedestrian systems. All uses allowed by the Route 146 Highway Corridor Overlay District requires access be obtained on accessory roads.
48.4 Open Space. In reviewing the appropriateness of the open space, the Planning Board shall consider the following criteria. The extent to which environmental features (including, but not limited to wetlands, streams, other water bodies, and wildlife habitats) are protected, open space area should be provided in large expanses, avoiding small strips and areas unless there are reasons for these strips caused by physical site features. Whenever possible, open space should be coordinated with adjacent land and walking paths should be created. Open space should be used to create and enhance the entrance to Millbury and the Blackstone Valley and shall not include heated spaces, driveways, parking areas, garages, portals, carports, accessory
buildings, or any improvement surfaces. For educational, institutional, and other uses allowed in the district, the open space, setback, and landscaping standards set forth in this section shall apply.
48.41 Greenways. Open space shall be located where it abuts or is in proximity to adjacent open space land. These open space parcels may form an extensive greenway. Uses could include bicycle paths, hiking trails, wildlife corridors, and scenic vistas.
48.42 Open Space Swapping. Applicant may meet the open space requirements set forth in these regulations by the purchase of development rights to lands off site in the following manner:
Provided Required
Abutting the placePlaceNameBlackstone PlaceTypeRiver and Canal 1 1
Abutting placePlaceTypeTown PlaceNameConservation PlaceTypeLand 2 1
Land in the Town of place CityMillbury 3 1
Lands which are to be swapped as open space shall be turned over to the Town or its designee via a manner meeting with the Planning Board's approval. The applicant shall submit a site plan of said lands indicating compliance of the lot area definition. Said plan is to be stamped by a professional engineer and signed by a botanist, in order to assure dimensional and coverage requirements.
48.5 Buffers. Any structure or parking area shall be located at least fifty feet (50') from any property line of a lot containing an existing residence and shall meet the performance standards listed in the site plan review. Contiguous buildings, either jointly or separately owned do not require a separation or buffers between them.
48.51 Berms. A four-foot high, twenty-five-foot wide earth berm with deciduous or evergreen trees shall be placed between residential and suburban properties. Said berm shall also be placed between Route 146 and accessory roads.
48.6 Parking.
48.61 Parking Areas. Parking areas shall be screened from any adjacent residential uses. To the extent feasible, parking areas shall be shared with adjacent businesses.
For developments which make a long term commitment to actively promote employee and public use of transit, ridesharing, and other means to reduce single occupant vehicle trips, minimum parking standards may be reduced by a percentage to be determined by the Planning Board based upon the adequacy of trip reduction plans.
Driveways and parking areas shall be paved with concrete, bituminous concrete, or other similar material. Surface treated parking areas and driveways shall be prohibited. Curbs and gutters shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as to not interfere with pedestrian traffic. Granite curbing shall be installed on all radii and in front of sidewalks abutting buildings.
48.62 Parking Spaces. There shall be a maximum of eight (8) rows with a nine foot (9')
linear island separating each eight (8) row field. Retention of original trees is encouraged in the islands.
48.63 Distance From Buildings. A minimum of eight feet (8') will be maintained between any building, or contiguous building, including any walkway immediately adjacent thereto, and the parking area. This space is to be reserved for plant material, either existing or planned.
48.64 Illumination. Drives and parking areas shall be illuminated in such a way that there shall be no glare for motorists, pedestrians, or adjoining premises.
48.65 Number of Spaces.
(a) Hotel, motel, lodging house: one (1) space per guest unit.
(b) Offices, stores: one (1) space per two hundred (200) square feet of gross leasable floor area, but not fewer than three (3) spaces per retail establishment.
(c Restaurant, place of assembly; one (1) space per four seats.
(d) Nursing home/hospital: one (1) space per two (2) beds plus one (1) space per one and one- fourth (1 1/4 ) employees per shift.
(e) Industrial, wholesale: one (1) space per one and one-fourth (1 1/4) employees per shift.
(f) Research and Development: one (1) space per one thousand (1,000) square feet gross floor, but not fewer than three (3) spaces per establishment.
Handicap parking spaces shall be provided according to regulations set by the placePlaceTypeCommonwealth of PlaceNameMassachusetts.
48.66 Accommodation of Vehicles. All uses shall provide parking spaces adequate to accommodate the vehicles of occupants, employees, members, customers, clients, residents, and visitors to the premises, as determined by the Planning Board.
48.67 Mixed Use Parking. In the case of mixed uses, the parking spaces required shall be the sum of the requirements for the various individual uses computed separately. Parking spaces for one use shall not be considered as providing the required parking for any other use.
48.68 Multiple Parking Areas. Parking lots over two hundred (200) spaces shall consider the creation of multiple separated parking areas. These areas shall be separated by landscaping elements and/or differences in grade, and shall be naturally screened from one another.
48.7 Landscaping. A comprehensive landscaping program coordinating each individual lot or parcel in and within the 146 HCOD is essential for the visual enhancement of the corridor; and to protect and promote the appearance, character, and economic values of land along the corridor and surrounding neighborhoods. The purpose and intent of such landscaping requirements is also to reduce the visibility of paved areas for adjacent properties and streets, moderate climate effects, minimize noise and glare, and enhance public safety by defining spaces to influence traffic movement. Landscaping will reduce the amount of stormwater runoff and provide transition between neighboring properties.
48.71 Parking Area Landscaping. Parking areas shall be landscaped in the following manner:
A landscaped buffer strip at least fifteen feet (15') wide, continuous except for approved driveways, shall be established adjacent to the 146 HCOD to visually separate parking and other uses from the highway. The buffer strip shall be planted with grass, medium height shrubs, and shade trees (minimum four-inch caliper, planted at least every fifty feet (50') along the road frontage). At all street or driveway intersections, trees or shrubs shall be set back a sufficient distance from such intersections so that they do not present a traffic visibility hazard.
One deciduous shade tree (minimum three-inch caliper) must be planted in linear landscaped islands as defined in section 48.62.
All landscaped areas shall be properly maintained. Shrubs or trees which die shall be replaced within one (1) growing season.
48.8 Grading and Topography
48.81 Natural Topography. Efforts shall be taken to maintain the continuity of the natural topography when building on any site. Cut and fill shall be avoided in all instances possible, and structures shall be designed and sited to fit naturally into the topography rather than radically altering the topography to conform to structures or other side uses. Except in areas where terracing is used, when excavation is necessary, grading shall be done in such a way that the resulting contours follow in smooth natural curves that conform to the curves of the surrounding landscape. Straight or angular slopes or cuts which interrupt natural topography shall not normally be allowed.
48.82 Changes in Topography. Abrupt changes in topography near lot lines which might otherwise result in excessive water runoff, erosion, or hazards, shall not be allowed in excess of the following conditions, except by Special Permit:
Where adjacent lot is lower in elevation than the lot for which permit is sought, no slope or terrace exceeding fifty percent (50%) slope or cut rock slope exceeding a vertical to horizontal ratio of 12.1 shall be allowed within twenty-five feet (25') of the lot line.
Where adjacent lot is higher than the elevation of the lot in question, slope or terrace exceeding fifty percent (50%) slope or cut rock slope exceeding a vertical to horizontal ratio of 12.1 shall be allowed within ten feet (l0') of the lot line.
Retaining walls of design and construction approved by the planning board and not exceeding twelve feet (12') in height or cut rocks exceeding twenty feet (20') in height may be built on lot lines, but only where there is insufficient room to use properly stabilized slopes.
Means for preventing erosion during construction shall be specified to the satisfaction of the Planning Board on plans submitted for building and special permits.
Upon completion of grading and replacement of top-soil, all slopes shall be stabilized by adequate groundcover or other approved means to prevent erosion and to retard excessive runoff. The following guidelines are recommended:
Slopes greater than thirty-five percent (35%) should be avoided in most cases; slopes between thirty percent (30%) and thirty-five percent (35%), rip-rap or terracing should be used; slopes between twenty percent (20%) and thirty percent (30%), sod, or established vegetation or seedlings in association with webbing material placed over the soil; slopes between four percent (4%) and twenty percent (20%), plant seed in association with fiber mulch placed over the soil, or gravel.
Topography which slopes from one lot across another shall be graded so as to minimize run-off directly onto lower lots. In no case shall conditions be created which channel excessive amounts of surface drainage directly onto major yard spaces or buildings on lower lots.
Natural slopes shall be retained insofar as possible when siting structures. Finish contours shall direct surface drainage around structures rather than directly against them, using swales or other approved means. No grading or siting of structures shall be performed which creates poorly drained areas.
Where slopes are steep (greater than fifteen percent (15%)), terracing should be employed using properly stabilized slopes or retaining walls.
No portion of any lot whose slope equals or exceeds twenty percent (20%) shall be built upon without a Special Permit.
48.9 Dimensional Standards
48.91 Building Separation. While there are no precise side and rear yard requirements in node classification I and II in terms of specific depth, except as required for projects abutting existing residential structures, all structures and site features must conform to the Massachusetts Building Code with respect to building separation and fire walls and conform to the Millbury site plan performance standards.
The open space requirement is used in order to provide the flexibility to protect significant environmental resource features, such as wetlands and streams, major trees and vegetation, and scenic views, to maintain significant open space areas for the enjoyment of the residents and business patrons; and to promote a variety of site plans thereby avoiding a highway strip appearance.
48.92 Multiple Buildings. Not more than one (1) principal building shall be erected on a lot unless the planning board determines that access to additional buildings is adequate to meet safety concerns.
48.93 Dimensional Requirements. All principal buildings erected in the l46 HCOD shall be located on a lot such that all of the requirements set forth herein are conformed to, except where specifically exempted by this By-law.
48.94 Dimensional Schedule.
Minimum lot area: See Node Classifications
Node I A minimum of 16 contiguous lot area acres
Node II A minimum of 4 contiguous lot area acres
Minimum lot frontage: 150 feet.
All Nodes, side yard: 0-50* feet as determined by site plan review
All Nodes, rear year: 0-50* feet as determined by site plan review
All Nodes, front yard: 50 foot setback, excluding access road
Minimum Open: Twenty-five percent (25%) excluding parking
Maximum Height: 100 feet contingent on site location
*As described in Section 48.50 Buffers
Floor to Area Radio/Maximum Building Height:
Classification F.A.R.
Node I 3.0
Node II 2.0
48.10 Performance Standards.
48.101 View of Highway. Large work area doors or open bays shall not open toward or face the highway. Heating, ventilating, and air conditioning equipment, duct work, air compressors, and other fixed operating machinery shall be screened from view and where possible will not be visible from the highway.
48.102 Building Materials. Buildings shall be designed to use, to the greatest extent feasible, buildings materials that are compatible with the surrounding environment, such as rock, stone, brick and wood. Mirrored glass with a reflectance greater than twenty percent (20%) is prohibited.
48.103 Utilities. All utility lines such as electric, telephone, or other similar lines shall be installed underground. This requirement shall apply to lines serving individual sites as well as to utility lines necessary within the project. All junction and access boxes shall be screened with appropriate landscaping. All utility pad fixtures and meters would be shown on the site plan. The necessity for utility connections, meter boxes, etc., should be recognized and integrated with the architectural elements of the site plan.
48.104 Divided Property. Persons with property divided by the highway corridor district boundary are required to comply with the district standards only for that segment of the property within the boundary or as adjusted above.
48.105 Disturbance of Natural Feature. Except under an approved order of conditions issued by the Millbury Conservation Commission pursuant to the provisions of Massachusetts General Laws, Chapter 131, and the regulations promulgated thereunder, no disturbance of any natural feature of land shall occur within one hundred (100) feet of the centerline of any brook, stream, or river; not within one hundred (100) feet of the normal high water line of any lake, pond, marsh, swamp, or bog.
48.11 Site Plan Review and Approval. Notwithstanding any contrary provision in this section, no building permit for any building intended to be used in any node classification development, shall be issued until the applicant shall have been granted site plan approval as provided in this section. No building permit for any other building permitted under this section shall be issued until the applicant shall have been granted site plan approval pursuant to the Millbury Route 146 Highway Corridor Overlay District site plan review and the Millbury site plan review by-law.
48.12 Signage. The purpose of the sign regulations set forth in this section shall be to protect public and private investments in buildings and open space, to encourage signs which, by their location and design, are harmonious to the buildings and sites which they occupy, and which eliminate excess and confusing sign display, and to eliminate potential hazards to motorists and pedestrians. The provisions of this section shall apply to the construction, erection, alteration, use, location, and maintenance of all signs located out-of-doors, to those signs affixed on any part of a building for the express purpose of being visible from the exterior of the building.
48.121 Area of Sign. The area of a sign shall be considered to include all lettering, wording, and accompanying designs and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign, and any "cutouts" or extensions, but shall not include any supporting structure or bracing.
48.122 Prohibited Signs. Flashing signs, roof signs, signs containing moving parts, and signs containing reflective elements which sparkle in the sunlight are not permitted. Signs indicating the current time and/or temperature are permitted, providing they meet all other provisions of this bylaw.
In no case shall any sign exceed two hundred (200) square feet.
Three-dimensional signs are not permitted.
Additional signage requirements shall be determined using the criteria listed in the site plan review procedures.
48.13 Tree Protection. Removal of endangered or valued trees will not normally be permitted. Trees included in this category:
American Elm (Ulmus Cityplaceamericana)
Laurel Oak (Quercus laurifolia)
Life Oak (Quercus virginiana)
Considerable damage to or the death of trees may result if more than six (6) inches of soil is added around the base of the tree, more than thirty percent (30%) of circumferential bark is removed or more than thirty percent (30%) of the root system is removed. In addition, asphalt paving, building construction, and soil compaction too close to trees may cause their destruction. Accordingly, it shall be the responsibility of the developer to institute alternative site designs to assure the best chance of tree survival whenever these criteria cannot be adhered to.
Those trees designated for preservation in accordance with the provisions of this ordinance as shown on the approved landscape plan shall be marked with bright blue ribbons encircling the tree trunk at a height of four feet (4') above the ground, and a four-foot high barricade will be constructed around the tree at a drip line prior to the start of construction.
As a condition of approval under this ordinance, the applicant may be required to plant replacement trees for trees approved for removal as part of the final plan. In requiring replacement trees, the following will be considered: the intended use of the property, the existing or predevelopment trees coverage, size and types, the number, size, type and location of natural trees proposed for preservation by the applicant, and the grading, road, building parking and drainage requirements of the project.
Any healthy existing tree may be included for credit towards the requirements of this section. One (1) new tree shall be planted for each preserved tree that has been credited and which dies within three years of construction.
All existing trees on the site shall be shown on the required landscape plan, or where there are groups of trees, said stands may be outlined. Trees desired to be removed shall be clearly delineated on the landscape plan.
48.131 Removal. Development of land for different uses and intensity of uses will often times necessitate the removal of trees to accommodate roads, parking, buildings and facilities. It is the expressed intent of this section that every effort be made through the design, layout, and construction of development projects to incorporate and save as many trees as possible.
No person shall cut, destroy, move or remove any living, disease-free tree of any species, have a trunk with a diameter of eight inches (8") or larger, measured four and one-half feet (4 1/2') from the base, in conjunction with any development of land governed by this section unless and until such removal or destruction has been approved under the provisions of this section.
No person shall cut or clear land of trees for the sole purpose of offering land for sale.
48.132 Clear-Cutting. Except for property classified for tree farming, the clear-cutting of trees is prohibited. The term "clear-cutting" as used herein shall mean the cutting of more than seventy-five percent (75%) of the trees six inches (6") in trunk diameter or larger. Clear-cutting pursuant to an approved development plan shall require the planting of replacement trees as indicated in the detailed landscape plan accompanying the development application.
48.133 Survey. A survey of all trees of applicable size shall be made and submitted in conjunction with the development site layout. All trees proposed for removal shall be clearly noted. The tree survey shall be certified by either a land surveyor, engineer, or landscape architect registered in placeStateMassachusetts.
The requirement for a tree survey is waived when preliminary site evaluation by the applicant reveals the ability to accomplish the proposed project without removal of any trees eight inches (8") in diameter or larger. The applicant shall submit a written statement that no trees will be removed and his permit will indicate no tree removal as a condition thereof.
48.14 Bonuses. Elderly and child day-care facilities shall not be included as part of the F.A.R. Where a demonstrated need is being satisfied for elderly and child day care facilities, the applicant shall receive a F.A.R. density increase of .25.
The Planning Board shall have the ability to waive the required open space to a minimum of fifteen percent (l5%) for design which it feels compliments the integrity of the community and the valley.
48.15 Waivers. The Planning Board may waive requirements listed under parking, landscaping, grading, and topography, and tree protection based upon the size and scope of the project. Waivers which are sought must be requested in written form prior to the pre-submittal conference.
48.l6 Applicant Procedures.
(1) The parcel shall be in single or consolidated control at the time of application and shall have the minimum acreage stipulated for the type of node classification.
(2) A site plan shall be presented for the entire parcel, and shall be subject to approval by the Planning Board.
(3) Uses shall be contained in one continuous building except that groupings of buildings may be allowed by the Planning Board where such groupings are consistent with the safety of the users of the development and are further consistent with the overall intent of this section.
(4) The development shall be served by a public/private water system, adequate in terms of fire protection and domestic use.
(5) A common architectural theme shall be reflected in the building by means of building materials, architectural style, sign controls and color coordination. Elevations of all proposed structures shall be in keeping with the historic, cultural, and natural environmental character of Millbury and the PlaceNameBlackstone PlaceTypeValley and shall be prepared by an architect registered in placeStateMassachusetts showing building materials and colors.
(6) Commercial uses shall be compatible and consistent with the character and needs of the town.
The site plan shall be developed in the form of a mall, court, or park with walkways, shade trees, benches and appropriate amenities for the users of the development. All other pertinent Millbury zoning bylaws apply to the 146 HCOD unless superseded by this bylaw.
48.161 Pre-submittal Conference. Applicants for special permit under this bylaw are required to meet with the Planning Board prior to submitting a formal application to review the district plan and its potential relationship to the proposed application. Notice of this conference shall be given to all residents in the district by first-class mail.
Imaginative and creative land use planning should be applied, with the aim of preventing the cumulative damage to the landscape, topography, and valuable and nonrenewable natural resources of Millbury.
48.162 Permit Application Requirements. The applicant shall submit a concept plan, which shall describe the overall development plan. It shall address the general future of the land, and give approximate configurations of the lots and roadways.
The concept plan shall be discussed with the Planning Board and modified as needed according to the site plan review criteria. The applicant shall then submit a preliminary plan based upon the concept plan. The Planning Board shall grant or deny a special permit based upon the information contained in the preliminary plan. The applicant shall submit a definitive plan which shall incorporate comments made during the preliminary plan review.
The 146 HCOD special permit shall be reconsidered if there is substantial variation between the approved preliminary or definitive plan and the concept plan. A substantial variation shall be defined as an increase in the number of building lots, a decrease in the open space acreage, a change in the layout which covers buildings or roadways to be placed closer to a dwelling unit within five hundred feet (500') of the project, and/or a change in the development pattern which affects natural landscape features and open space. If the Planning Board finds that a substantial variation exists, it must hold a public hearing on the modifications of the concept plan or preliminary plan.
48.163 Site Design. A site design prepared by a registered landscape architect or architect registered in StateMassachusetts, accompanied by the proper engineering and land survey documentation prepared by a placeStateMassachusetts registered engineer and land surveyor shall contain the following information. (The information need not be on a single sheet of paper).
48.l64 Submittal Process. The applicant for a professional building or mixed development special permit shall first submit fifteen (15) copies of a plan and application. All applications for a special permit under this section shall be referred by the Planning Board to the Board of Health, Conservation Commission, Building Inspector, Fire Chief, Police Chief, Highway Surveyor, Board of Selectmen, and other board/agency/department for its review and comments within fourteen (14) days of its submission to the Planning Board. Any such board or agency to which applications are referred for comment shall make its recommendations and send copies thereof to the Planning Board and the applicant within thirty-five (35) days of receipt of the
referral request from the Planning Board or there shall be deemed no opposition or desire to comment. The Planning Board shall not act upon said special permit until either comments from referred boards or agencies have been received or said thirty-five (35) days from referral request have elapsed, whichever is sooner. In reviewing the request, the Planning Board shall determine if the development meets the standards described in the 146 HCOD overlay district.
(By-Laws of 5-7-91, Art. 50)
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