Change or substantial extension of the use.

Change from one nonconforming use to another, less detrimental, nonconforming use.

Reconstruction, extension or structural change.

Alteration to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.

Individual septic tank systems serving single family detached dwellings or commercial or industrial properties (including more than one commercial or industrial business in a single building) which meet the requirements of the Board of Health.

Multi-family development projects created under the terms of Section V-I MBTA Communities Multi-Family Overlay District.

Individual septic tank systems meeting all requirements of the Board of Health for two family or semi-detached houses or multiple use properties as permitted or allowed under Section III-A Schedule of Use Regulations.

Temporary toilet facilities used during construction or for special events which comply with Board of Health requirements and which are considered by said Board to be necessary.

Private sewage disposal systems or treatments plants shall be allowed in Senior Residential Dwelling Developments established pursuant to the requirements of a Special Permit Granting Authority.

Private sewage disposal systems or treatments plants shall be allowed in Industrial Districts in conjunction with commercial or industrial development and further pursuant to the requirements of a Special Permit issued by the Permit Granting Authority, and provided, however, no discharge or leaching areas shall be located in a Zone I or Zone II as determined by the Massachusetts Department of Environmental Protection Aquifer Protection Areas.

Signs that move or flash, or are animated.

Billboards as defined and regulated by MGL c. 93, s. 30.

Strings of banners, pennants, ribbons, streamers and spinners or similar devices used as advertising.

Signs within or projecting over a public right-of-way or on public property except with a permit from the Board of Selectmen.

Off-premise signs not specified below.

No sign shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m. except signs on premises open for business.

The illumination of any sign shall be shaded, shielded, directed and maintained at sufficiently low intensity and brightness that shall not affect the safe vision of vehicle operators. Red and green lights shall not be used for illumination.

Any sign which advertises or identifies products, businesses, services or activities which are no longer sold, located or carried on at the premises shall be removed within 60 days.

All residential zoning districts (AR-1, AR-2, R-1 and VR)

Signs which require permits:

One non-flashing sign not over twelve (12) square feet in area and six (6) feet in height pertaining to permitted buildings, structures and uses of the premises other than dwellings and their accessory uses.

Exempted signs:

One non-flashing sign for each family residing on the premises indicating the name of the owner or occupant or pertaining to a permitted accessory use, provided that each such sign does not exceed two square foot in area and if freestanding, does not exceed six (6) feet in height.

Temporary unlighted signs aggregating not over eighteen square feet in area pertaining to the sale or lease or construction of the premises. No signs placed on individual lots shall exceed six (6) square feet.

Temporary contractor signs not to exceed nine (9) square feet. Signs shall be removed promptly after completion of work.

On-premise directional signs not to exceed two (2) square feet in area or six (6) feet in height.

Unlighted off-premise directional signs not exceeding two (2) square feet in area pertaining to churches, schools, institutions and other public or non-profit uses or to salesrooms or stands for the display of agricultural or horticultural products permitted under #12 of Section III-A Schedule of Uses with permission of the landowner.

Commercial and Village Center Commercial Districts

Signs which require permits:

Non-flashing signs attached to a building (wall, projecting or awning) shall not exceed forty square feet or 15% of the building’s façade area, whichever is less, nor shall they obscure architectural details of historic structures. Permanently affixed window signs shall not occupy more than 10% of the window surface area. In the Village Center Commercial District signs must not be internally lit. In no case shall a sign project above a parapet wall.

One freestanding sign for each separate and distinct establishment on the premises. Each sign shall not exceed twelve square feet in area unless otherwise authorized by Special Permit from the Special Permit Granting Authority. Freestanding signs must be less than 10 feet high and shall not be erected in any way that creates a traffic hazard or obstructs traffic. Freestanding signs are permitted to be laddered in the case of multi-tenant facilities and may have changeable text. In the case of multi-tenant ladder signs, individual business signs shall be limited to twelve (12) square feet and the height may be increased to fifteen (15) feet.

Roof signs and murals may be authorized by Special Permit from the Special Permit Granting Authority.

Exempted signs:

Un-lit temporary window signs with less than 10% of the window area covered.

Accessory signs not identifying a business (e.g. Open, Closed, Vacancy, Hours of Operation) not to exceed six (6) square feet.

On-premise directional signs not to exceed two (2) square feet in area or six (6) feet in height.

Industrial District

Signs which require permits:

Non-flashing signs attached to a building (wall, projecting or awning) shall not exceed forty square feet in area or 15% of the building’s façade area, whichever is less. In no case shall a sign project above a parapet wall.

One freestanding sign for each separate and distinct establishment on the premises. Each sign shall not exceed forty square feet in area. Freestanding signs must be less than 10 feet high, set back a minimum of 10 feet from the front lot line and shall not be erected in any way that creates a traffic hazard or obstructs traffic. Freestanding signs are permitted to be laddered in the case of multi-tenant facilities and may have changeable text. In the case of a multi-tenant ladder sign, individual business signs shall be limited to 15 square feet and height may be increased to 15 feet.

Exempted signs:

Un-lit temporary window signs with less than 10% of the window area covered.

Accessory signs not identifying a business (e.g. Open, Closed, Vacancy, Hours of Operation) not to exceed six square feet.

On-premise directional signs not to exceed two (2) square feet in area or six (6) feet in height.

Non-Conforming Uses

Signage not exceeding twelve (12) square feet (attached and/or freestanding) is allowed for any non-conforming use, unless otherwise authorized by Special Permit from the Special Permit Granting Authority.

Special Permit

The SPGA may grant a Special Permit for on-premises larger signs or additional on-premises signs, provided that no substantial detriment shall result to the neighborhood or the Town. (Amended May 2019 – ATM, Art. 31)

Dwellings: Two (2) parking spaces for each dwelling unit therein, except one parking space for each dwelling unit having fewer than two rooms which are used or usable as bedrooms.

Places of public assembly including churches: one parking space for each three (3) persons capacity based on the State Building Code.

Hotels, motels, commercial accommodations: one parking space for each guest unit, plus one parking space for each eight units or fraction thereof.

Restaurant: one parking space per 2 1/2 persons seating capacity.

Commercial recreation: one space per two persons participant capacity, plus one space per three persons spectator capacity.

Other service establishments and retail businesses: one parking space per 180 square feet gross floor area (excluding basement storage area), but not less than three spaces per separate enterprise.

Wholesale and industrial establishments: one parking space per 1.3 employees on the largest shift, but capable of expansion to not less than one space per 300 square feet gross floor area, plus loading space for all delivery and shipping trucks.

Business or professional office: one parking space per 250 square feet of gross floor area.

Medical office or clinic: one parking space per 200 square feet of gross floor area.

Other uses: a number of spaces to be determined by the Planning Board, if the provisions of Section VII(2)(b) apply, or Building Inspector, based upon evidence from similar uses in similar circumstances, or by guidelines produced by the Institute of Transportation Engineers, such as the document titled: Parking Generation, or similar professional documents.

Location - Required parking shall be either on the same premises as the activity it serves, or on a separate parcel if the parcel is located within 300 feet of the building entrance to be served, is in the same ownership or under recorded agreement, and is in a zoning district allowing the activity it serves. Parking areas shall be separated from street and property lines by an area not less than five feet in width maintained with landscaping except where crossed by driveways.

Configuration - Dimensions of spaces and aisles shall adequately provide for clearance and movement. The Planning Board shall adopt and from time to time amend standards for such dimensions, reflecting current vehicle sizes. At least 10% of the interior of any parking lot having 40 or more spaces shall be maintained with landscaping, including trees, in plots of at least four feet in width. Trees and soil plots shall be so located so as to provide visual relief and sunlight and wind interruption within the parking area, and designed to assure safe patterns of internal circulation. In the Village Center Commercial District, the landscaping dimensional requirements may be relaxed at the discretion of the Building Inspector or the Planning Board.

Surface - Off-street parking areas, loading areas, and access drives, if involving six or more parking spaces, shall be surfaced with bituminous or other paving material unless the Planning Board, if the provisions of Section VII (2) (b) apply, or Building Inspector approves an alternative surface which, because of only seasonal or periodic use, will adequately prevent dust, erosion, water accumulation and unsightly conditions.

Lighting - Illumination shall use cut-off luminaires mounted no higher than fifteen feet, arranged and directed so as to create no glare off-site and to add not more than one foot-candle to illumination levels at any point off-site.

Backing - Parking areas having three or more spaces shall be so designed that no vehicle will be required to back on a public way in order to enter or exit from a parking space.

Egress - There shall be not more than two driveway openings onto any street from any single premises unless each opening centerline is separated from the centerline of all other driveways serving 20 or more parking spaces, whether on or off the premises, by 150 feet (measured at the street line). No such opening shall exceed twenty-four (24) feet in width at the street line unless necessity of greater width is demonstrated by the applicant, and the opening is designed consistently with Planning Board standards adopted pursuant hereto. Openings shall be located so as to minimize loss of on-street parking spaces, and shall be graded and drainage facilities provided where necessary to prevent stormwater from running across any sidewalk or ponding. No driveway sideline shall be located within twenty (20) feet of the street line of an intersecting way. All driveways serving five (5) or more parking spaces shall be constructed with a minimum edge radius of five (5) feet on both sides. All driveways serving forty (40) or more parking spaces must have not less than 250 feet visibility in each travel lane entering a state-numbered or maintained highway, and not less than 150 feet visibility on other streets.

Bicycle Racks - For parking areas of forty or more spaces, bicycle racks facilitating locking shall be provided to accommodate one bicycle per twenty parking spaces required or fraction thereof.

Intensity Regulations for Detached Units

Intensity Regulations for Attached Units

Attached units shall meet the requirements of Section IV-B Schedule of Intensity Regulations applicable to the principal dwelling.

To encourage permanent preservation of open space, agricultural land, forest, forestry land, wildlife habitat, other natural resources including aquifers and watersheds, water bodies and wetlands, and historical and archeological resources.

To conserve and create scenic views, to protect views along scenic roadways, and, where appropriate, to preserve the rural character of the Town.

To allow for greater flexibility and creativity in the design of residential developments.

To minimize the total amount of disturbance of subdivision sites.

To discourage sprawl and encourage development that consumes less open land.

To facilitate the construction and maintenance of housing, streets, utilities and public service in a more economic and efficient manner.

To provide a buffer between new development and existing streets, neighborhoods, active farmland and adjacent park or conservation land.

To provide for the maintenance of open land set aside for active or passive recreational use, stormwater management or conservation lands.

To create neighborhoods with direct visual and/or physical access to open land and with a strong neighborhood identity.

To advance and be consistent with the goals, objective and strategies of the Town’s Master Plan and Open Space and Recreation Area Plan.

Open Space Residential Development (OSRD) projects are permitted by right within both Agricultural-Residential A & B (AR-1 and AR-2) and Residential (R-1) zoning districts in accordance with the additional requirements of Site Plan Review and definitive subdivision approval specified herein.

No subdivision creating two or more lots from any parcel or set of contiguous parcels in common ownership as of the effective date of by-law may be approved except pursuant to Site Plan Review under the provisions of this section and Section VII of the by-laws. Where the Planning Board finds upon the written request of the Applicant that an OSRD will not achieve the purposes of this section as effectively as a conventional subdivision, this section shall not apply.

Design Process

The design process shall follow this sequence:

Step 1 - delineation of wetlands, topography and other site features,

Step 2 - delineation of proposed open space,

Step 3 - delineation of potential building sites (including septic systems, private yards and shared amenities),

Step 4 - location and alignment of roads, driveways and utilities

Step 5 - establishment of lot lines.

Evidence of this process shall be provided to the Planning Board during its review.

After an application has been submitted, no tree removal, no utility installation, no ditching, no grading or construction of roads, no grading of land or lots, no excavation except for purposes of soil testing, no dredging or filling, and no construction of buildings or structures shall be done on any part of the development site until the application has been reviewed and approved as provided by these regulations.

Intensity Regulations: In no instance shall any building lot deviate from the following table.

INTENSITY REGULATIONS

Lot Depth as defined under Section I-E and IV-B does not apply.

Lot Width as defined under Sections I-E and IV-A(6) does not apply.

Lots within an OSRD shall not have physical access on a street other than a street created by the OSRD.

Open Space. Within an OSRD, no less than fifty (50%) percent of the land area shall be devoted to common open space. The common open space shall not include land set-aside for roads and/or parking uses. No more than fifty (50%) of the minimum common open space shall contain wetlands as defined by M.G.L., C.131, Section 40.

Allowable Density Bonuses

Density bonuses may be given at the discretion of the Planning Board based upon the expected public benefit. The bonuses described below may be combined to result in a total density bonus not exceeding 100% of the density as determined in 4(A) above.

For each 80,000 s.f. of additional upland area set aside as permanently restricted open space, one additional lot may be created.

For each additional restricted affordable housing unit in excess of that required under Section V-Q, one additional lot may be created.

If the applicant preserves at least 60% of the parcel as working farmland, an additional lot may be created.

There shall be a buffer at the perimeter of the site consisting of trees, shrubs, vegetation and topographic features sufficient to separate and/or screen the development from abutting properties. This buffer shall be no less than 1.5 times the required setback or greater if the property abuts land within Industrial or Commercial zoning districts. Buffer areas shall remain in their current natural state. If in the opinion of the Planning Board the current natural state is insufficient to adequately separate and/or screen the site from abutting properties, additional trees, shrubs and/or plantings shall be required.

Upon a finding by the Planning Board that a buffer of lesser width would be sufficient to screen and/or separate the development from adjacent property, the buffer may be reduced. The Board may require no-cut easements, conservation restrictions, or the like where the buffer requirement has been reduced. These easements and restrictions shall be on private property and shall not be included in common open space calculations.

The open space shall be available for use by the general public, unless the applicant can provide compelling reasons to the Planning Board why such access would be infeasible in whole or in part.

The applicant shall include a provision that the common open space will be deeded as approved by the Planning Board as part of the subdivision covenant. In addition, the covenant shall not be released until proof of ownership has been provided to the Planning Board.

The Planning Board may require that all or such part of the common open space as the Planning Board deems appropriate shall be clearly identified and marked on the ground prior to the commencement of any construction activity.

Encourage the production of a variety of housing sizes and typologies to provide equal access to new housing throughout the community for households with a variety of needs and income levels.

Implement the Holliston Housing Production Plan;

Locate housing within walking distance of public transit to promote general public health, reduce the number of vehicle miles travelled, support economic development, and meet community-based environmental goals, including reducing greenhouse gases and improving air quality.

Support public investment in public transit and pedestrian- and bile-friendly infrastructure.

Increase the municipal tax base through private investment in new residential developments.

Subdistrict 1 - Map 14, Block 4, Parcel 4.1, Map 14, Block 3, Parcel 232, and Map 14, Block 4, Parcel 1

Subdistrict 2 - Map 5, Block 1, Parcel 21 and Map 5, Block 4, Parcels 22 and 23.

Multiple Buildings on Lots. In the MCMOD, lots may have more than one principal building.

Number of parking spaces. The following maximum numbers of off-street parking spaces shall be permitted by use, either in surface parking or within garages or other structures:

Number of bicycle parking spaces – No fewer than 5 covered bicycle parking spaces shall be integrated into the structure of the building(s) in projects greater than 10 units.

Buildings: Infill Lots. If the adjacent buildings are set back at a distance that exceeds the minimum front yard requirements, infill buildings shall meet the requirements of Section 5 Dimensional Standards.

Waivers. Upon the request of the applicant and subject to compliance with the Compliance Guidelines, the Planning Board as Site Plan Review Authority may waive the requirements of this section in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the MCMOD.

Fee In Lieu, Location of units and Density Bonuses. Affordable Units shall not be bypassed with any fee in lieu contribution, on- or off-site land donation to the Town or density bonus allowed under Section V-Q Inclusionary Housing.

Administration. The Inspector of Buildings shall be responsible for administering and enforcing the requirements of this section.

Affordable Housing Deed Rider. All Affordable Housing Units shall have an Affordable Housing Deed Rider that regulates the future resale of the unit as per Section V-Q (11). This Deed Rider is to ensure that the unit is not converted to a market-rate value unit in the future.

To provide that lands in the Town of Holliston, subject to seasonal or periodic flooding as described hereinafter shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof or the public generally or to burden the public with costs resulting from unwise individual choices of land use.

To protect, preserve and maintain the water table and water recharge areas within the Town so as to preserve present and potential water supplies and prevent pollution of surface and ground water for the public health and safety of the Town and the watershed areas served by the Town.

To assure the continuation of the natural flow pattern of the water courses within Holliston and to preserve natural and manmade flood water storage areas so as to protect persons and property against the hazards of flood inundation.

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.

Avoid the loss of utility services which f damaged by flooding would disrupt or shut down the utility network and impacts regions of the community beyond the site of the flooding.

Eliminate costs associated with the response and cleanup of flooding conditions.

Reduce damage to public and private property resulting from flood waters.

Permitted Uses

The following uses of low flood damage potential which cause no obstructions to flood flows shall be allowed provided they are permitted in the underlying district and they do not require structures, fill or storage of materials and equipment: 1. uses directly related to the conservation of water, plants and wildlife; 2. outdoor recreation activities and facilities, including unpaved play areas, nature study, boating, fishing and hunting where otherwise legally permitted; 3. wildlife management area, landings, foot, bicycle and/or horse paths and bridges, provided such uses do not affect the natural flow pattern of any water courses; 4. grazing and farming, including truck gardening and harvesting of crops; 5. forestry, plant nurseries and orchards.

Provide convenient business and professional services for Holliston residents and those passing through.

Facilitate the development and maintenance of small businesses.

Promote a compact, pedestrian-oriented environment.

Develop harmonious visual relations between the Village Center Commercial District and its surroundings.

Promote pedestrian and vehicular safety and convenience.

Provide for mixed uses in the center of Holliston compatible with its historic village character where residents are able to walk to shops, services and public transportation.

Storage areas, exposed machinery installations, service areas, truck loading areas, and similar features shall be located out of sight from any public way.

Provisions shall be made for emergency vehicle access to all exterior faces of any new building.

Storm water shall be collected and disposed of without surface flows across any public sidewalk.

No new parking shall be created within a required front yard.

Flashing, moving or neon lights are not permitted. Signs must not be internally lit. There shall be no more than one stand alone sign on a single lot (See Section V-B Exterior Signs.).

Not less than half the area of the required front yard shall be landscaped, and any existing trees of 3" trunk diameter (measured at four feet above grade) shall be preserved.

The majority of off-street parking shall be provided to the rear of the front line of the building.

If new construction, the design shall be imitative of an historical style.

If alteration of or addition to an existing structure, the change shall employ materials, colors, and textures as well as massing, size, scale and architectural features which show consideration of the original structure. Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

The size and detailing of architectural elements shall reflect domestic, rather than monumental scale.

Except for windows and minor trim, the building shall avoid the appearance of reflective materials such as porcelain enamel or sheet metal. Doors and windows should have a solid appearance with substantial sills, rails, mullions, muntins and frames.

Predominant wall materials shall have the appearance of wood, brick or stone painted or coated in a non-metallic finish.

Signs shall not comprise an area greater than 15% of a building’s street façade nor shall they obscure architectural details of historic structures. Permanently affixed window signs shall not occupy more than 10% of the window surface area.

To protect, preserve and maintain the existing and potential groundwater supply and groundwater recharge areas within the known aquifers of the Town.

To preserve and protect present and potential sources of water supply for the public health and safety.

To protect the groundwater and groundwater recharge areas of the Town from adverse development or land use practices.

Aquifer - Geologic formation composed of rock or sand and gravel that contains significant amounts of potentially producible potable water.

Area of Influence - The area which experiences drawdown by a pumping well as plotted on a two-dimensional (map) surface, usually ellipsoidal in shape.

Cone of Depression - A three-dimensional conical concavity produced in a water table by a pumping well.

Glaciofluvial – Pertaining to an unconsolidated geologic deposit which was formed by, or in association with, glacial meltwater streams, typically resulting in the deposition of sand and gravel-sized particles.

Glaciolacustrine - Pertaining to an unconsolidated geologic deposit which was formed by, or in association with, a glacial lake environment, typically resulting in the deposition of sand, silt and clay-sized particles. References to such deposits within this by-law refer to the more coarse grained sediments such as would be associated with a delta.

Groundwater - The subsurface water present in aquifers and recharge areas.

Impervious Surface - Material or structure on, above or below the ground that does not allow significant amounts of surface water to penetrate into the soil.

Leachable Wastes - Waste materials including solid wastes, sludge and agricultural wastes that are capable of releasing water borne contaminants to the surrounding environment

Mining of Land - The removal of geologic materials such as topsoil, sand and gravel, metallic ores or bedrock.

Process Wastes - Non-domestic, non-toxic, non-hazardous, liquid or solid waste by-products associated with the manufacture or preparation of a product, including, but not limited to, hardware, dry goods, foodstuffs and printed materials,

Recharge Areas - Areas composed of permeable, porous materials that collect precipitation or surface water and transmit it to aquifers.

Sanitary Waste - Wastewaters arising from ordinary domestic water use as from toilets, sinks and bathing facilities, and containing such concentrations and types of pollutants as to be considered normal wastes.

Saturated Thickness - The depth of permeable soil actually saturated with water to the capacity of the soil to containing water under normal conditions of temperature and pressure.

Solid Wastes - Any discarded solid material, putrescible or non-putrescible, consisting of all combustible and non-combustible solid material including, but not limited to, garbage and rubbish.

Toxic or Hazardous Materials - Any substance or mixture of such physical, chemical or infectious characteristics in sufficient quantity as to pose a significant actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of this town. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalines, and all substances defined as Toxic or Hazardous under MGL, c. 21C and 21E and 310 CMR 30.00, and also such products as solvents and thinners in quantities greater than normal household use. Also refer to Section I-D of this by-law.

Wetlands - As defined by M.G.L., Chapter 131, Section 40. Also refer to section V-I of this by-law.

Zone I – As defined by 310 CMR 22.02 (1), Zone I is the protective radius required around a public water supply well or wellfield which must be owned by the water supplier or controlled through a conservation restriction. For public water system wells with approved yields of 100,000 gpd or greater, the protective radius is 400 feet.

Zone IA – As defined by the Town of Holliston as a special zone, the cone of influence of all existing (confirmed by long-term pump test) municipal wells within the town.

Zone II – The area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at the well’s maximum allowable rate with no recharge from precipitation), exclusive of overlapping Zone IA areas.

Zone III – The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II.

Zone I – Zone I is the 400 foot protective radius required around Holliston’s public water supply wells which are be owned by the water supplier or controlled through a conservation restriction.

A determination that any provision of this overlay protection district is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.

Affordable dwelling unit: A dwelling unit created under this section, which is restricted for low and moderate income households in accordance with the terms of a Special Permit and use restriction.

Low and moderate income household: A household with an annual income not exceeding eighty percent (80%) of the median household income for the Boston Metropolitan Area; or a household in similar income group which is eligible for housing assistance under a state or federal housing subsidy program.

Median household income: The median household income for the Boston Metropolitan Area, Middlesex County portion, as determined from time to time by the U.S. Department of Housing and Urban Development.

Use restriction: A contract, mortgage agreement, deed restriction, condition of zoning Approval, or other legal instrument which restricts the sale, resale, or rental price and occupancy of an affordable dwelling unit to a resident or residents of Holliston, a former resident or residents of Holliston, or a person or persons employed in the town of Holliston with qualified incomes.

The following dimensions in Dist. B Ag-Res and Res Dist. Shall be maintained:

The following dimensions in Dist. A Ag-Res shall be maintained:

The affordable dwelling unit permitted by this section shall be restricted for purchase or rent by low or moderate income households, in accordance with the standards set forth in this section.

All other requirements of Section IV-B and the remainder of the Zoning By-Laws shall be met.

The proposed affordable dwelling unit will be in harmony with the general purpose and intent of the Zoning By-law.

The increase in density resulting from the grant of the Special Permit will not adversely affect the surrounding neighborhood.

The requested reduction in lot area, frontage and setbacks can be accomplished without jeopardizing public health or safety, and without detriment to the environment.

The restriction shall provide that the affordable dwelling unit must be sold or rented on a fair and open basis.

The proposed affordable dwelling unit will be in harmony with the general purpose and intent of the Zoning By-law.

The increase in density resulting from the grant of the Special Permit will not adversely affect the surrounding neighborhood.

The requested reduction in lot area, frontage and setbacks can be accomplished without jeopardizing public health or safety, and without detriment to the environment.

The period during which the affordable dwelling unit will be restricted is reasonable in relation to the density increase granted.

No vibration, odor, glare, or flashing shall be detectable without instruments at any lot line of a residential or institutional use.

Cinders, dust, fumes, gases, odors, smoke radiation, refuse or other waste materials shall be effectively confined to the premises and treated or disposed of in accordance with state, federal, and town laws and regulations.

No process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in excess of ten (10) percent in line voltage off the premises.

All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against hazards from fire and explosion, and with adequate fire-fighting and fire suppression equipment standard in this industry. Burning of waste materials in the open contrary to state law is prohibited.

All materials which may be edible by or attractive to rodents or insects shall, when stored in or outdoors, be stored in tightly closed containers.

To provide safe and comfortable senior residential dwelling units for all persons age fifty-five (55) or older, regardless of race, creed or income level.

To promote orderly physical, social and economic development in the Town of Holliston.

Size of Common Land or Open Space - In no case shall less than twenty-five (25%) percent of the total land area of the tract be set aside as common land or open space, hereinafter referred to as the “Minimum Common Land or Open Space”; of the Minimum Common Land or Open Space no more than one-half shall be classified as wetlands as defined by 310 CMR 10. Further, no less than one-fourth (1/4th) of the Minimum Common Land or Open Space which is not classified as wetlands, shall remain undeveloped and in its natural state.

Approval of Condominium Documents - The Master Deed, Condominium Trust and Unit Deed, Condominium Plan and any restrictive covenant shall be approved by the Planning Board.

Age-Restricted Development or Senior Residential Dwelling Development – A multi-family development, on one parcel or contiguous parcels totaling at least fifteen acres in size, specifically designed and intended for persons of age fifty-five or over within the meaning of MGL, c. 151B, s. 4 (6) and 42USC, s. 3601, et seq. and approved under this Zoning By-Law. One-hundred percent of the dwelling units within such a development shall each be occupied by a person who is fifty-five years of age and shall be subject to a deed restriction.

Building Area - The total ground area, taken on a horizontal plane at the finished grade level, of each building and accessory building but not including uncovered entrance platforms, terraces and steps.

Floor Area - The total floor area of one dwelling unit within its exterior or common enclosing walls, exclusive of basement.

Basement - A portion of a building situated partly or wholly below ground level.

Building Height - The vertical distance measured from the mean finished grade of the ground adjoining the building; or the lowest finished grade under sloping conditions described in sub-section 6.c. hereof; to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between the eaves and ridge, for gable, hip and gambrel roofs.

Screening - A natural or constructed buffer that will serve to reduce noise levels, odors and/or act as an appropriate visual barrier of such size, kind and location as will protect the public, the neighboring properties and the occupants of the site units.

Street Line - The boundary of a street right of way.

Building Separation - As a practical design goal, the desired distance between buildings shall be 35 feet. However, depending upon architectural, aesthetic, land planning, topographical and ground factors, the Special Permit Granting Authority may permit such distance to be less than 35 feet but in no case shall such distance be less than 20 feet.

Parking - On-site paved parking areas with minimum dimensions as specified in the Planning Board Regulations and adequate provision for aisles, drives, visitor parking and snow disposal shall be provided. All off-street parking shall be located a minimum of twenty feet (20’) from property lines. Separate buildings and areas for parking garages may be permitted if located and designed so as to complement the building design and site layout. Each Unit shall have a minimum of two parking and/or garage spaces. Parking for any amenities such as a recreation building shall satisfy the requirements of Section V-C, Off Street Parking.

Building Height - No building shall exceed two and one-half stories in height exclusive of basements, or thirty-five feet (35’) in height.

Dwelling Units Per Building - No structure containing senior residential dwellings shall contain more than twenty-four (24) dwelling units. (Amended October 2003 – STM, Art. 21)

Minimum Lot Size - The minimum lot size for a Senior Residential Dwelling Development is 15 acres. However the minimum lot size shall be 5 acres if the property or portion thereof is located within the V-C or within 1000 feet of the V-C district.

Road Length - The maximum length of a private dead end street shall not exceed 3,000 feet, provided however, no section of the private dead end street shall exceed 1,000 feet without a portion of the street having two (2) separate access points (such as a looped road), and provided further, turn around areas shall be spaced not more than 750 feet apart.

Density - The total number of dwelling units shall not exceed five (5) times the net developable area in the tract.

Bedrooms - No senior residential dwelling unit shall have more than three (3) bedrooms.

Screening - All sewage facilities, service areas and equipment, conveniences and recreational areas shall have screening from abutting properties.

Setback Dimensions - No portion of any senior residential dwelling building or accessory building shall be less than fifty feet (50’) from any abutting properties outside of the development.

Environmental Protection - There shall be no filling, draining, altering or relocation of any stream, lake, pond or wetland except that performed in full compliance with applicable laws, the requirements of all pertinent governmental agencies, and the requirements and recommendations of the Special Permit Granting Authority.

Exterior Antennas – Individual outdoor antennas or other apparatus for radio or television reception or transmission are forbidden, except that master antennas serving multiple numbers of units may be allowed subject to Special Permit Granting Authority approval.

Exterior Lighting and Screening - Non-glaring exterior lighting shall be planned, installed and operated so as to best serve each building or group of buildings. Parking areas, drives and other roadways shall be designed and landscaped so as to insure that all dwelling units are screened from motor vehicle headlights.

Landscaping - The site shall be preserved and enhanced by retaining and protecting trees, shrubs, ground cover, stone walls and other site features insofar as practicable. Additional new plant material shall be added for privacy, shade, beauty of buildings and grounds. Landscape screening shall be provided for within required setbacks.

Recreation - Suitable outdoor recreation space, with adequate provisions for activities shall be permitted, such as common open space for recreation such as walking paths. Any such applications for recreation shall contain measures to assure proper maintenance.

Roadways - Roads and driveways within the development shall meet such width, grades, and construction standards as the Planning Board shall determine, based upon the standards provided in the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements.

Rubbish Disposal - Rubbish and garbage disposal facilities with screening shall be provided in full conformity with all applicable health or other laws and regulations and shall be protected against scattering of contents, rodent or other unhealthy infestation or condition or odor transmission.

Water, Sewerage and Utilities - All supply lines shall be underground.

Restrictions and Easements - Restrictions, easements or other appropriate legal agreements shall be furnished to the satisfaction of the Special Permit Granting Authority that will protect such amenities in perpetuity. Such agreements shall be duly recorded and become fully effective before any senior residential dwelling multi-family development work commences.

Occupancy - Each unit in a senior residential dwelling development shall be occupied by at least one person age fifty-five (55) or older. Children under the age of eighteen (18) may not reside in a senior residential dwelling unit for more than six (6) months in any nine (9) month period. In the event of the death of the qualifying owner/occupant(s) of a senior residential dwelling unit, foreclosure or other involuntary transfer such as by a Court Order of a senior residential dwelling unit which creates a disqualifying transfer, a two (2) year exemption shall be allowed for the transfer of the unit to another eligible household.

Bonding - In granting the Special Permit, the applicant may be required by the Special Permit Granting Authority to file with the Town a bond or bonds or other security or securities satisfactory to the Special Permit Granting Authority guaranteeing performance of the conditions of such Special Permit either by the entirety or by completion of phases thereof, all according to the terms of such Special Permit.

Affordable Housing Unit. A dwelling unit that qualifies as a local initiative unit under the Commonwealth’s Local Initiative Program (760 CMR 45.00) and meets the requirements of a subsidized housing unit for purposes of listing in the subsidized housing inventory under G. L. c. 40B Sec. 20-23.

Qualified affordable housing unit purchaser. An individual or family with a household income that does not exceed 80% of the Holliston area median income, with adjustments for household size, as reported by the most recent information from the United Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD).

Division of Land. This Bylaw shall apply to the division and/or subdivision of land held in single ownership as of the effective date of this Bylaw, or anytime thereafter, into eight (8) or more lots or the development of eight (8) or more dwelling units on a single lot and shall require a special permit from the Planning Board under the provisions for a Cluster Development (Section V-H) of the Zoning Bylaw unless otherwise exempted below. A Special Permit shall be required for land divisions pursuant to G. L. c. 40A sec. 9 as well as for “conventional” or “grid” divisions pursuant to G. L.c. 41 sec. 81-L and sec. 81-U, including those divisions of land that do not require subdivision approval (G.L c.41, s.81-P).

Siting of affordable units – All affordable units constructed or rehabilitated under Section 6(a) (i) of this Bylaw shall be identified on a plan and/or referenced in the special permit and situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units.

Minimum design and construction standards for affordable units – Affordable housing units within market rate developments shall be integrated with the rest of the development and shall be compatible in design, appearance, construction and quality of materials with market-rate units.

Timing of construction or provision of affordable units or lots – Where feasible, affordable housing units shall be provided coincident to the development of market rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below:

Fractions of units shall not be counted.

The developer of the housing units or his/her agent shall verify prior to transferring title ii) The developer is responsible for making arrangements, acceptable to the Planning Board, to provide annual certifications to the Town as may be required to place and maintain the affordable units on the Commonwealth’s Chapter 40B Subsidized Housing Inventory (SHI).

The maximum allowable purchase price for affordable units created under this Bylaw shall comply with the requirements of this Bylaw as described in Section 11, below.

Resale price – Sales beyond the initial sale to a qualified affordable income purchaser shall include the initial discount rate between the sale price and the unit’s appraised value at the time of resale. This percentage shall be recorded as part of the restriction on the property. For example, if a unit appraised for $300,000 is sold for $225,000 because of this Bylaw, it has sold for seventy-five percent (75%) of its appraised value. If, several years later, the appraised value of the unit at the time of proposed resale is $325,000, the unit may be sold for no more than $243,750, or seventy -five percent (75%) of the appraised value of $325,000. Notwithstanding the foregoing, the resale price of an affordable unit shall in no event exceed that amount which will require a household earning eighty percent (80%) of the most recent area median income number, as published by the U.S. Department of Housing and Urban Development and adjusted for the household size that corresponds with the number of bedrooms in the affordable unit, to spend a maximum of thirty percent (30%) of the household’s annual income on housing costs. Housing costs shall include principal, interest, property tax, insurance payments and association or condominium fees.

Right of first refusal to purchase – The purchaser of an affordable housing unit developed as a result of this Bylaw shall agree to execute a deed rider prepared by the Town, granting, among other things, the Town’s right of first refusal for a period not less than the maximum period allowable under guidelines set by the Department of Housing and Community Development for Local Initiative Units as defined by the Local Initiative Program, to purchase the property or assignment thereof, in the event that, despite diligent efforts to sell the property, a subsequent qualified purchaser cannot be located.

The Planning Board shall require, as a condition for special permit approval under this Bylaw that the deeds to the affordable housing units contain a restriction against renting or leasing of said unit(s) during the period for which the housing unit(s) contains a restriction on affordability.

The Planning Board shall require, as a condition for special permit approval under this Bylaw, that the applicant comply with the mandatory set asides of Section 6 of this Bylaw and accompanying restrictions on affordability, including the execution of a deed rider or an affordable housing restriction as set forth in Section 11 of this Bylaw. The Building Commissioner shall not issue an occupancy permit for any affordable unit until the dwelling unit’s deed rider or affordable housing restriction is recorded at the Middlesex County Registry of Deeds.

Schedule of fees in lieu of payments. Fees in lieu of payments shall be paid according to the schedule set forth in Section 7(c), above.

Desirable relief may be granted without substantial detriment to the public good, and without nullifying or substantially derogating from the intent or purpose of this by-law.

The degree to which the proposed use complies with the dimensional requirements of the by-law, is in an appropriate location and does not significantly alter the character of the neighborhood; the project is compatible with existing uses and other uses allowed by-right in the district and is designed to be compatible with the character and the scale of neighboring properties.

To the extent feasible, the proposal has been integrated into the existing terrain and surrounding landscape, minimizing the impacts to the aquifer and/or recharge area, wetlands, steep slopes, and floodplains.

Adequate and appropriate facilities shall be provided for the proper operation of the proposed use, including screening and provisions for convenient and safe vehicular and pedestrian circulation within the site and in relation to adjacent streets and properties.

The proposed project shall not create any significant emission of noise, dust, fumes, noxious gases or any other adverse environmental impact including stormwater, erosion and sedimentation.

There shall be no unreasonable glare from lighting, whether direct or reflected, onto ways, the night sky or onto adjacent properties. (Amended May 2012 – ATM, Art. 33)

Site Plan Review shall not apply to single family homes and their accessory structures (or two family or semi-detached homes per Section III-A, paragraph 14 of the Zoning By-Laws), including additions or enlargements to same which are as a matter of right or as to which relief may be granted by special permit or variance.

protection of adjoining premises against seriously detrimental or offensive uses on the site;

convenience and safety of vehicular and pedestrian movement within and without the site, and in relation to adjacent streets, property or improvements;

adequacy of the methods of disposal for sewage, refuse and other wastes resulting from the uses on the site, and the methods of drainage for surface water from its parking spaces and driveways;

adequacy and safety of storage facilities/methods for fuel, refuse, vehicles and other material and equipment incidental to the use of the site;

provision for emergency access and operations within the site;

provision for off-street loading, unloading and parking of vehicles incidental to the normal operation of the establishment;

development that to the extent reasonably possible harmonizes with neighboring land uses and structures; and

compliance with the Board’s adopted design guidelines.