Town of Holliston Zoning By-Laws

Applicability.

This By-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this By-law, or any relevant part thereof, was adopted.

Construction or operations under a building permit or special permit shall conform to any subsequent amendments to this By-law, unless the use or construction is commenced within a period of not more than twelve months after the issuance of the permit and in any case involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. (Amended May 2019 – ATM, Art. 30)

Nonconforming Uses.

The Zoning Board of Appeals may award a special permit to change a nonconforming use in accordance with this Section only if it determines that such change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. When a special Permit is granted pursuant to this subsection 2, no use variance shall be required. (Amended May 2019 – ATM, Art. 30)

Permissible Changes. The following types of changes to nonconforming uses may be considered by the Zoning Board of Appeals:

Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.

Nonconforming Structures.

The Zoning Board of Appeals may award a special permit to change a nonconforming structure in accordance with this Section only if it determines that such change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood.

Permissible Changes. The following types of changes to nonconforming structures may be considered by the Zoning Board of Appeals:

Changes Resulting in Increased or New Nonconformity. Except as provided below, the change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, shall require the issuance of a dimensional variance; the extension of an exterior wall at or along the same nonconforming distance within a required yard shall require the issuance of a Special Permit from the Zoning Board of Appeals. (Amended May 2019 – ATM, Art. 30)

Nonconforming Single and Two Family Residential Structures. Nonconforming single and two family residential structures may be changed upon a determination by the Building Inspector that such proposed change does not increase the gross floor area of the existing non-conforming structure by more than 50% of the original gross floor area of said structure. The area of accessory structures and basements shall not be included in such calculation. (Amended May 2022 –ATM, Art. 36. Previously amended May 2019 – ATM, Art. 30)

If the Building Inspector determines that proposed change exceeds the one or more of the criteria set forth above (including the 50% cap), the Special Permit Granting Authority may, by Special Permit, allow such change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. For the purposes of this subsection only, the term “reconstruction” shall not include the voluntary demolition of such structure and its rebuilding. See Section 3.5 below.

Abandonment or Non-Use. A nonconforming use or structure which has been abandoned, or not used for a period of three years, shall lose its protected status and be subject to all of the provisions of this zoning by-law; provided, however, that by Special Permit the Zoning Board of Appeals may reestablish a nonconforming use or structure otherwise abandoned or not used. (Amended May 2019 – ATM, Art. 30)

Reconstruction after Catastrophe or Demolition. Any nonconforming structure may be reconstructed after a catastrophe or after demolition in accordance with the following provisions:

Non-Conforming Lots

Changes to Nonconforming Lots. A lot that does not currently comply with the dimensional requirements set forth in Section IV-B may be changed provided that such change reduces or does not increase the extent of the existing nonconformity and does not create a new nonconformity. Such change shall not cause the protected status of the lot to be forfeited and the lot shall be considered a nonconforming lot.

Government Acquisition. If government acquisition of land causes a lot to be rendered nonconforming, or more nonconforming, it shall not cause the protected status of the lot to be forfeited and the lot shall be considered a nonconforming lot.

In any district no use will be permitted which will produce a nuisance or hazard from fire or explosion, toxic or corrosive fume, gas, smoke, odors, obnoxious dust or vapor, harmful radioactivity, offensive noise or vibration, flashes, objectionable effluent or electrical interference which may affect or impair the normal use and peaceful enjoyment of any property, structure, or dwelling in the neighborhood. Neither shall there be permitted any use which discharges into the air, soil, or water any industrial, commercial or other kinds of wastes, petroleum products, chemicals or pollutants unless the same are so treated before discharge as to render them harmless to life or vegetation of any kind.

(Amended June 1969 – STM, Art. 10)

Disposal of Low-Level Radioactive Waste - No land within any district in the Town shall be used for the collection, treatment, storage, burial, incineration, or disposal of radioactive waste, including but not limited to wastes classified as low-level radioactive waste, except that on-site produced waste may be temporarily stored pending disposal. For purposes of this By-Law, low-level radioactive waste shall be defined as radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section lle(2) of the Atomic Energy Act of 1954. (Added March 1982 – ATM, Art. 23)

Private sewage disposal systems or treatment plants are prohibited except for:

(Amended October 21, 2024 – STM, Art. 10. Previously amended December 2002 – STM, Art. 2, May 2001 – ATM, Art. 45 and May 1988 – ATM, Art. 13)

Where a boundary is shown as following a street, railroad, or utility, the boundary shall be the centerline thereon unless otherwise indicated.

Where a boundary is shown outside of a street, railroad or utility and approximately parallel thereto, the boundary shall be deemed parallel to the nearest line thereof, and the figure placed on the zoning map between the boundary and such line shall be the distance in feet between them, as measured at a right angle from such line unless otherwise indicated.

Where a boundary is shown as following a watercourse, the boundary shall coincide with the center line thereof as said line existed at the date of the zoning map.

Where the location of a boundary line is otherwise uncertain, the Planning Board or Building Inspector shall determine its position in accordance with the distance in feet from other lines as given or as measured from the scale of the map.

Where a district boundary line divides a lot, the regulations applying to the portion of such lot in the less restricted district may be considered as extending not more than 50 feet into the more restricted portion, but only if the lot has frontage on a street in the less restricted district, provided, however, that there shall be no such extension into any area subject to the provisions of Section V-I.

A dwelling, building, or any structure hereafter constructed or altered in any district shall not be located on a lot having less than the minimum requirements and no more than one dwelling shall be built upon any single lot, except as hereinafter provided.

Lot Frontage (as defined in Section I-E Definitions) shall meet the requirements of the zoning district (as set forth in Section IV-B Schedule of Intensity Regulations) and shall be measured in a continuous line from one side lot line to the other side lot line, along the sideline of the street. In the case of a corner lot, the sideline of the street not used for the lot frontage shall be treated as a side lot line for the purposes of frontage measurement. (Amended ATM, May 1999, Article 38. Previously amended May 1998 – ATM, Art. 42.)

On all corner lots the required front yard dimensions shall apply from both street lines. The required side yard dimensions shall apply from all other lot lines. In all cases one street line shall be accepted as the front street line for the measurement of lot frontage. In any case, the sum of the street line and the rear line of the required front yard shall not be less than 1.8 times the required frontage.

On all corner lots, between the sidelines of intersecting streets and a straight line joining points on such sidelines ten (10) feet distant from their point of intersection or, in the case of a rounded corner, a straight line joining the points of intersection of their tangents, no building or structure may be erected and no vegetation may be maintained three (3) feet above the plane through their curb grades. (Amended May 2019 – ATM, Art. 31)

The minimum front yard dimensions required in the following schedule are to be measured from the street line where a plan for the street is on file with the Registry of Deeds or, in the absence of such a plan, from a line twenty-five feet from and parallel with the apparent centerline of the traveled way or street.

Lot width at the required front yard setback shall be measured as a straight line distance between the side lot lines and shall be no less than eighty percent (80%) of the required Lot Frontage. For corner lots, lot width shall be measured parallel of the frontage.

(Amended ATM, May 1999, Article 48. Previously amended May 1997 – ATM, Art. 36.)

Lots which are so distorted in configuration as to be detrimental to public health, safety, welfare or convenience, even though complying with the dimensional requirements established herein, shall not be allowed.

The limitation on height of buildings in the following schedule shall not apply in any district to chimneys, ventilators, antennas, spires or other ornamental features of buildings which features are in no way used for living purposes. (Amended June 1969 – STM, Art. 10)

A lot or parcel of land containing two or more dwellings existing at the time of adoption of this by-law which cannot be divided in conformity with these requirements may, under a Special Permit by the Board of Appeals, be divided in a manner complying as closely as possible with these requirements.

No dwelling or other structure, other than a grave or grave-marker, shall be constructed within 200 feet of the high water line of any natural pond, the area of which is 20 acres or more, except that any existing dwelling, building or structure may be expanded up to twenty-five (25) per cent as long as such expansion conforms to the requirements of Section IV-B. (Amended May 1977 – ATM, Art. 17)

An owner or user of property in an Industrial or Commercial District may not make use of any lot in an Agricultural-Residential, Residential or Apartment district for access to such Industrial or Commercial property unless a private or public way through such a lot is specifically zoned for such access. (Amended May 1986 – ATM, Art. 10)

No new common drive shall be constructed except that the Planning Board may grant by Special Permit the use of a common driveway serving not more than three lots, when such lots already comply with Chapter 41 Section 81-P for Approvals Not Required under Subdivision Control Laws, and when the proposed common drive conforms to all rules and specifications as set forth by the Planning Board. (Amended May 1995 – ATM, Art. 42)

Where two or more requirements in this by-law are applicable to the same open space, that which imposes the greatest restriction on the placement of the building will control.

In all districts 2,000 square feet of lot area shall be required for each room to be used by transient paying guests. This requirement shall be in addition to the area requirements of the district for any other use.

In all districts (except Village Center Commercial and MBTA Communities Multi-Family Overlay districts, as provided in Section V-K and V-I respectively), 10,000 square feet of lot area shall be required for the second dwelling in a two family dwelling, or a multi-family dwelling with the exception of an Accessory Dwelling unit, as regulated under Section V-G(A). This requirement shall be in addition to the area requirements of the district for any other use. (Amended October 2024 – STM, Art. 10 & 11. Previously amended June 1982 – STM, Art. 12)

In all districts (except Village Center Commercial district and MBTA Communities Multi-Family Overlay districts, as provided in Section V-K and V-I respectively), 5,000 square feet of lot area shall be required for all dwellings other than the first and second in multi-family dwellings. This requirement shall be in addition to the area requirements of the district for any other use. (Amended October 2024 – STM, Art. 10. Previously amended March 1974 –ATM, Art. 10)

General Sign Prohibitions

General Regulations

District Regulations

Performance Requirement - Adequate parking must be provided to service any net increase in parking demand created by new construction, additions, or changes of use, and existing off-street parking must not be changed such that these requirements are no longer met. However, no off-street parking is required for non-residential uses in the Village Center Commercial District. Section V-C(3) Parking Area Location and Design Requirements apply in all districts. (Amended June 1982 – STM, Art. 12)

Number of Spaces - The standards below must be met for the additional parking demand created by new buildings, additions, or changes of use unless, following consultation with the Planning Board, the Building Inspector determines that special circumstances dictate a different provision in order to meet all parking needs. Examples of such circumstances include mixed uses with staggered peak parking hours, businesses with vanpooling arrangements or unusual building occupancy (e.g. by the elderly). No storage, display, or loading area shall be counted as parking space. In a Commercial District, on-street parking may be counted towards satisfying these requirements if located between lot sidelines on the same side of a street having 30 feet or more traveled way width and having curbing and sidewalk. (Amended May 1986 – ATM, Art. 11)

(Amended May 2019 – ATM, Art. 31)

Parking Area Location and Design.

Special Permit – The Planning Board may, by Special Permit, reduce the requirements of this Section if specific site or public safety considerations warrant such a reduction and no substantial detriment shall result. (Amended May 2019 – ATM, Art. 31)

The removal from any premises of more than ten (10) cubic yards of earth products, including sod, loam, sand or gravel, shall be prohibited except when incidental to and in connection with the construction of a building or street or other activity authorized by this by-law or General By-Laws Article XLI Stormwater Management and Land Disturbance By-Law.

Opening of new sand or gravel pits may be authorized by the Board of Appeals by special permit, provided it determines that the activities involved are not harmful or detrimental to the present or future character of the neighborhood or to the town. Before issuing such a special permit, the petitioner shall file a bond or other security satisfactory to the Board to guarantee performance of the conditions of the special permit. The permit issued shall be granted only to the petitioner as a personal right and shall not be transferable. (Amended April 1973 – ATM, Art. 20)

In all areas which are disturbed, topsoil removed therefrom shall be stockpiled on site until completion of operations and promptly thereafter each disturbed area on which structures, parking lots or ways are not in place, shall be re-covered with topsoil to a depth of at least that which previously existed, but, in any event, with no less than four (4) inches of compacted topsoil in the uppermost layer.

Removal of earth products other than specifically permitted in this by-law or in the general Town by-law is prohibited.

The intent and purpose of this section is to permit accessory dwelling units in single family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remain subordinate to the principal use of the living quarters. ADUs may not be used as Short-Term Rentals, as such terms is defined in G.L. c. 64G, s. 1 or otherwise rented for a period shorter than thirty-one (31) days.

Restrictions:

Adequate provisions shall be made for the proper disposal of sewage, waste and stormwater management generated by the accessory unit in accordance with the requirements of the Board of Health and Planning Board.

Adequate provisions as determined by the Building Inspector as being in compliance with the Massachusetts State Building Code for separate Ingress, Egress, to the outside of each unit. To the extent possible, exterior passage ways and access ways shall not detract from the single family appearance of the dwelling. All stairways to additional floors shall be enclosed within the exterior walls of the structure.

Construction of an attached Accessory Dwelling Unit within or to a pre-existing non-conforming structure may require a Special Permit per Section I-C(3), provided that no Special Permit may consider the ADU use or impose conditions specific to such use. In the case of a Protected Use ADU only, an ADU that is nonconforming to zoning shall still qualify as a Protected Use ADU if it otherwise meets the definition per 760 CMR 71.02. In the case of a pre-existing Protected Use ADU, the Protected Use ADU does not need to comply with use or dimensional requirements that were imposed as a condition for the prior approval.

Floor plans and building elevations for the accessory unit and the principal residence, along with a certified site plan shall be submitted along with the application.

Off-Street Parking shall be provided for residents of both units in accordance with Section V-C of the By-Laws. One (1) space shall be provided for residents of an ADU. In the case of a Protected Use ADU, no additional on-street or off-street parking space is required if any portion of its lot is located within a 0.5-mile radius of a transit station as defined in 760 CMR 71.02.

In Zone II Groundwater Protection Districts and other locations with nitrogen loading restrictions, the underlying intensity and lot coverage standards per Section V-L(4)(D) and Title 5 (310 CMR 15.214) shall apply.

An ADU that does not meet the definition of Protected Use ADU and more than one ADU may be allowed by Special Permit. No Special Permit shall be issued unless the Special Permit Granting Authority finds that the exterior appearance of the ADU and any accessory structure modified to accommodate a detached ADU will maintain the essential character of the neighborhood and will be compatible with the principal dwelling on the same lot and with other dwellings on adjoining lots. A plan must be submitted showing the proposed interior and exterior changes to the principal dwelling. Proof that the on-site wastewater treatment system is suitable for the increase in the number of bedrooms must also be provided by a Professional Engineer or Registered Sanitarian.

No occupancy of the additional dwelling unit shall take place without an occupancy permit issued by the Building Inspector.

Purpose

Applicability

General Requirements

Minimum Requirements

Application and Review Process

The application to the Planning Board for Site Plan Review shall include application forms, fees and any other materials required by the Planning Board under its Rules and Regulations and Section VII of the by-laws. Applications shall be filed with the Town Clerk. The application shall be reviewed in conformance with the standards of Section VII and the Planning Board’s Rules and Regulations.

The application process is comprised of two steps. In the first step, the applicant shall submit a concept plan, as outlined below, which describes the overall development plan. The Planning Board shall grant or deny a site plan application based upon the information contained in the concept plan. If the permit is granted, the applicant shall submit a definitive plan based upon the concept plan. The Planning Board shall review the plan as a definitive subdivision plan under its Rules and Regulations.

Development Standards:

Open Space Use and Design Standard

Common Open Space Ownership and Management

Purpose and Intent

The purpose of the MBTA Communities Multi-Family Overlay District (MCMOD) is to allow multi-family housing as of right in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A). This zoning is intended to accomplish the following purposes:

Establishment and Applicability

This MCMOD is an overlay district having a land area of approximately 76 acres in size that is superimposed over the underlying zoning districts and is shown on the map entitled "Town of Holliston - MBTA Subdistricts Location" prepared by JM Goldson (dated August 2024, revised October 21, 2024).

An applicant may develop multi-family housing located within a MCMOD in accordance with the provisions of this Section as of right without the need for a Special Permit, Variance, zoning amendment, waiver, or other discretionary zoning approval.

The MCMOD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimension and all other provisions of the Zoning Bylaw governing the respective underlying districts shall remain in full force, except for uses allowed as of right in the MCMOD.

Uses that are not identified in Section V-I are governed by the requirements of the underlying zoning districts.

The MCMOD is composed of two (2) subdistricts as defined by the Assessor Maps, Blocks, and Parcels below:

Definitions

For purposes of this Section V-I, the following definitions shall apply. Definitions used but not included herein shall have the meaning given to them under M.G.L. c. 40A or elsewhere in the Town of Holliston Zoning By-Laws.

Permitted Uses

Dimensional Standards

Notwithstanding anything to the contrary in this Zoning, the dimensional requirements applicable in the MCMOD are as follows:

Special Permit required for higher density

Off-Street Parking

These parking requirements are applicable to development in the MCMOD

General Development Standards.

All developments in the MCMOD are subject to the following development standards regardless of size, building count or subdistrict. These standards shall be considered components of the Site Plan Review process specified in Section VII - Site Plan Review.

Affordability Requirements

Applicability. This requirement is applicable to all multi-family developments with ten (10) or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion. No project may be divided or phased to avoid the requirements of this section.

In applicable projects, not fewer than 10% of housing units constructed shall be Affordable Housing Units. For purposes of calculating the number of units of Affordable Housing required within a development, a fractional unit shall be rounded down to the next whole number. The Affordable Units shall be available to Qualified affordable housing unit purchasers as defined under Section V-Q., that is, households earning income up to 80% of the Area Median Income (AMI) and must be eligible for listing on DHCD’s Subsidized Housing Inventory.

Purposes - In addition to the purpose in Section I-A of this by-law the purposes of this zone are:

Flood Plain District

The Floodplain District is hereby established as an overlay district. The District includes all special flood hazard areas within the Town of Holliston designated as Zone A and, AE on the Middlesex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Middlesex County FIRM that are wholly or partially within the Town of Holliston are panel numbers 25017C0620F, 25017C0629F, 25017C0633F, 25017C0634F, 25017C0636F, 25017C0637F, 25017C0641F and 25017C0642F, 25017C0610G, 25017C27G, 25017C0628G and 25017C631G Community No. 250195, effective July 8, 2025. The exact boundaries of the District may be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM, Flood Hazard Boundary Map and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Conservation Commission and Inspector of Buildings.

The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws.

The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

Designation of Community Floodplain Administrator

The Town of Holliston hereby designates the position of Inspector of Buildings to be the official floodplain administrator for the Town.

Use and Development Regulations.

The Town of Holliston requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties. The Town’s permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

All development in this district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: 780 CMR; 310 CMR 10.00 and 13.00 Wetlands Protection Regulations and Inland Wetlands Restriction, and 310 CMR 15, Title 5 Minimum Requirements for the Subsurface Disposal of Sanitary Sewage. Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

Floodway Encroachment

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated, the best available Federal, State and local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Middlesex County FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, or other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Unnumbered A Zones

In A Zones, in the absence of FEMA Base Flood Elevation data and floodway data, the building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State or other source as criteria for requiring new construction, substantial improvements or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level , and for prohibiting encroachments in floodways.

AO and AH Zones – Drainage Requirements

Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

Subdivision Proposals

All subdivision proposals must be designed to assure that: a. such proposals minimize flood damage, b. all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and c. adequate drainage is provided to reduce exposure to flood hazards. When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the proponent must provide technical data to determine the base flood elevations for each developable parcel shown on the design plans.

Recreational Vehicles

In A, A1-30, AH, AO and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone’s regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

Watercourse Alterations or Relocations in Riverine Areas

In a riverine situation, the Inspector of Buildings shall notify the following of any alteration or relocation of a watercourse: Adjacent communities, NFIP State Coordinator (Department of Conservation and Recreation) and NFIP Program Specialist (FEMA, Region 1)

Requirement to Submit New Technical Data

If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to the NFIP State Coordinator (Department of Conservation and Recreation) and NFIP Program Specialist (FEMA, Region 1).

Variances to Building Codes Floodplain Standards

The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community’s files.

The town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP)

A Variance from these floodplain bylaws must meet the requirements set out by State law and may only be granted if 1) Good and sufficient cause and exceptional non-financial hardship exist; 2) the Variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.

Definitions

Severability

If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.

Objectives - The Village Center Commercial District objectives are the following:

Design Requirements - The following are required of all new construction or alterations in the Village Center Commercial District:

Design Guidelines - Only permitted uses determined by the Building Inspector to comply with at least six of the following eight guidelines may be allowed without a special permit:

Procedure - At the time of application for a building permit, applicant shall also provide Building Inspector with a list of the Design Guideline items that will be adhered to pursuant to requirements of this Section V-K. Those applications for building permits involving interior construction or alteration only, or involving exterior construction or alteration not subject to Site Plan Review under the provisions of Section VII (2) (b) and which, in the opinion of the Building Inspector, meet at least six of the eight Design Guidelines set forth in Section V-K, shall be processed by the Building Inspector.

Determinations by the Building Inspector are subject to appeal to the Board of Appeals by any party having standing, as provided at Section 8 of Chapter 40A, General Laws.

Applicants not meeting at least six of the eight Design Guidelines may apply for a Special Permit from the Special Permit Granting Authority.

Mixed Use Requirements - The following requirements apply to apartment and multifamily dwellings in the VC District in lieu of the requirements of Section V-G. Apartment and multifamily dwellings shall be allowed only if located above first floor commercial use of a building. More than one dwelling unit is permitted on a lot. Buildings constructed shall be designed to incorporate architectural elements used in surrounding neighborhood and shall have similar massing. No village residential units shall be constructed unless a Special Permit has been granted by the Planning Board in accordance with the requirements of MGL, c. 40A, s. 9.

Special Permits - All applications for Special Permits within the Village Center Commercial District shall be referred by the Special Permit Granting Authority to the Design Advisory Committee (see Section VI-J) for its review and comment. Any departure from the recommendations of the Design Advisory Committee in the decision shall be explained in a written report from the Special Permit Granting Authority to the Design Advisory Committee, to be sent within a week of the Board filing its decision with the Town Clerk, provided that the Design Advisory Committee report was received prior to the close of the Special Permit Granting Authority hearing.

Special Permits in the Village Center Commercial District shall be granted only upon determination by the Special Permit Granting Authority that none of the district objectives specified at V-K are vio-lated and after consideration of the following:

Suitability of the site for the proposed use.

Impact on neighborhood visual character.

Adequacy of facilities, including sewage disposal, water supply and storm water management.

Degree to which the proposed project complies with the goals of the Master Plan and this bylaw.

Impact on traffic flow patterns and existing streets.

Adequacy of parking.

Purposes - In addition to the purposes of Section I-A of this by-law, the purposes of this District are:

Special Definitions - The following definitions apply to specialized words or terms associated with this District.

Establishment and Delineation of Groundwater Protection District - For the purpose of this district, there are hereby established within the town, certain groundwater protection areas, consisting of aquifers and/or aquifer recharge areas. Aquifers and aquifer recharge areas are determined by standard geologic and hydrologic investigations which may include drilling observation wells, utilizing existing boring data and stratigraphic profiles, conducting seismic surveys or other geophysical techniques, performing pumping tests, water sampling and geologic mapping. The boundaries of this district are delineated on maps at a scale of 1" - 600' entitled "Aquifer Protection District, Town of Holliston" and 1”=3000’ entitled “Zone II and Zone III Delineation” (prepared by Whitman & Howard, 1996 and approved by the Attorney General on September 21, 2000) on file in the office of the Town Clerk and Inspector of Buildings, which maps are hereby made part of this by-law. These boundaries reflect the best hydrogeologic information available as of the date of the maps. In the event of a dispute about the location of district boundaries on an individual property and the criteria of Zones I, IA, II and III, below, the criteria shall control.

(Amended October 2013 – STM, Article 19. Previously amended May 2000 – ATM, Article 35.)

The Groundwater Protection District includes the aquifer itself, the land above the aquifer and the aquifer’s significant areas of recharge, consisting of:

Use Regulation - The Groundwater Protection District shall be considered as overlaying other zoning districts. This overlay district shall apply to all new construction, reconstruction or expansion of existing buildings and new or expanded uses. Any uses permitted in the portions of the districts so overlaid shall be permitted subject to all the provisions of this district. Uses prohibited in the underlying zoning districts shall not be permitted in the Groundwater Protection District.

Within the Groundwater Protection District, these regulations shall apply:

Intent - The purpose of this section is to provide a mechanism for the construction of low cost dwellings to satisfy the needs of the present and future inhabitants for low cost housing through reduction of minimum lot area, frontage and setback requirements upon specific review and the granting of a Special Permit by the Zoning Board of Appeals.

Definitions - For the purposes of this section, the following terms shall have the definitions given:

Special Permit for Reduction of Lot Area and Frontage: The Zoning Board may grant a Special Permit to allow construction of a single family dwelling unit on a parcel of land in a Residential or Agricultural-Residential zoning district with less than the required minimum lot frontage, area and setbacks, provided that the following criteria are met:

Use restriction: Any lot created under this section shall be subject to a use restriction conforming to the following criteria:

Required Findings: Before granting a Special Permit for an affordable dwelling unit under this section, the Zoning Board should make the following findings:

Special Permit Conditions: The Board of Appeals shall impose conditions specifying the affordability and occupancy of the restricted unit, and may impose additional conditions which it deems appropriate in accordance with Section VI-D.

Compliance. No activity shall be permitted in any district unless it shall be in conformity with the standards for environmental protection included herein. The inspector of buildings may require an applicant for a building or occupancy permit to supply, at his expense, such technical evidence as is necessary in support of the application, and may, in connection therewith, and at the applicant’s expense, obtain expert advice as necessary to review the plans and proposals of the applicant. Payment of such expert advice to the Inspector of Buildings shall be made, or guaranteed by bond or other legally binding device, before further consideration of the application shall continue. After a permit is issued in accordance with this section, continuing compliance is required. When the Inspector of Buildings suspects a subsequent violation he may, as necessary, obtain expert advice, which if the violation is established, shall be paid for by the violator, otherwise, by the Town.

Water quality. No person shall discharge or cause to be discharged into the municipal storm drain system, watercourse or ground any materials of such nature or temperature as can contaminate such water body or water supply, or cause emission of dangerous or offensive elements in reaction thereto, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards.

The construction, use, maintenance or continued existence of illicit connections to the municipal storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past and all lines conveying sewage to the municipal storm drain system or watercourse.

Exemptions include water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration, uncontaminated pumped groundwater (e.g. sump pumps), air conditioning condensation, springs, non-commercial washing of vehicles, firefighting activities and any other water source not containing pollutants.

Air quality. No building or occupancy permit shall be issued for any facility discharging materials into the air, except in conformity with “Regulations as Amended for the Control of Air Pollution in the Commonwealth of Massachusetts, Department of Public Health, “Bureau of Air Quality Control.” The provisions of said regulations shall apply to dust, flash, gas fume, mist, odor, smoke, vapor, pollen, microorganism, radioactive material, radiation, heat, sound, any combination thereof, or any decay or reaction product thereof in the ambient air space.

Noise. No use shall be permitted within the Town of Holliston which, by reason of excessive noise generated therefrom, would cause nuisance or hazard to persons or property. Exempt from the provisions of this subsection are (a) vehicles not controlled by an owner or occupant of a lot within the town, (b) temporary construction activities occurring during the hours of 7 a.m. to 6 p.m. on weekdays and 8 a.m. to 6 p.m. on Saturday, (c) occasionally used safety signals, warning devices, emergency pressure relief valves, or other such temporary activity, (d) use of power tools and equipment such as lawn mowers, snow blowers, chainsaws, tractors, and similar equipment for the maintenance of property between the hours of 7 a.m. and 8 p.m. on weekdays and 8 a.m. and 6 p.m. on weekends. For the purposes of this by-law the standards in the following shall apply:

Ambient Noise Level. No person shall operate or cause to be operated any source sound in a manner that creates a sound level of 10 dBA above ambient, as set forth in 310 CMR 7.10, measured at the property boundary of the receiving land use nor shall any source produce a pure-tone condition at the property line (or at the nearest inhabited buildings). A pure tone condition exists if the sound pressure level, at any given octave band center frequency, exceeds the levels of the two adjacent octave bands by three (3) or more decibels. See http://www.airandnoise.com/MA310CMR710.html as may be updated by the Mass. DEP. (Amended May 2019 – ATM, Art. 31)

Solid Waste Storage. Any accessory receptacle or structure with holding capacity of at least one hundred (100) cubic feet for temporary storage of solid or liquid waste materials, including garbage, rubbish, junk, discarded bulk items and similar waste items shall be located not less than ten (10) feet from any structure and shall be screened from all adjacent premises and streets from which it would otherwise be visible. Screening materials shall not be attached to any structure.

Other Requirements

Purpose - This Section is adopted by the Town for the regulation and restriction of the construction, erection, installation, placement and/or use of antennas and other devices that perform the functions of antennas, and of accessory telecommunications structures, equipment and facilities and similar devices, within all zoning districts in the Town.

Definitions

As used in this Section V-O the following words and terms shall have and include the following respective meanings:

Applicability

Other provisions of this Zoning By Law notwithstanding, the regulations and restrictions set forth herein shall apply to the construction, erection, installation, placement and/or use of devices (including but not limited to personal wireless service facilities) and free-standing devices, antennas of federally licensed amateur radio operators and so-called satellite dishes, on land, buildings or structures within the Town of Holliston. The terms of this Sections shall override any conflicting terms elsewhere in the Zoning By-Law, particularly including, but not limited to, Section VI-D 3, Variances, and Section III-A, Schedule of Use Regulations, regarding public service corporations and the height restrictions in Section IV-B Schedule of Intensity Regulations.

No device exterior to an enclosed building and/or structure, whether mounted thereon or free-standing shall be constructed, erected, installed, placed and/or used on land, buildings and/or structures within the Town of Holliston on or after May 4, 1998 except in accordance with the provisions of this Section V-O. Devices in existence prior to May 4, 1998 shall be maintained and shall be kept in good condition. The Inspector of Buildings shall order the removal, repair or securing of any device for public safety purposes that is determined, by the Inspector of Buildings, to be hazardous to life or property, in poor condition, disrepair or damaged by storm or other cause.

Regulations and Restrictions

Certification and Evidence

In all cases, whether use is By-Right or otherwise, the owner and/or operator of any device except as described in paragraph 4b(1) and 4b(3) shall, prior to installation of any device and annually thereafter, file with the Inspector of Buildings a certificate attesting that the device is in use and submit copies of the device’s current FCC license, evidence of continuing insurance coverage, and underlying lease agreement with the land and/or structure owner, a periodic (at least annual) maintenance schedule for the device and evidence that the device complies with the applicable standards of the Federal Communications Commission and the Federal Aviation Administration.

Cessation of Use

Each device, except as described in paragraph 4b(1) and 4b(3), shall be removed within one (1) year of cessation of use by the owner and/or operator of the device or, in the absence of a current owner and/or operator, by the owner of the property or structure on which the device is located.

Should the owner and/or operator, or the owner of the land or structure on which the devise is located, fail to remove a device within one (1) year of cessation of use, the Town may remove the same. A performance guarantee may be required as a condition of any special permit granted under this Section, in an amount deemed sufficient to cover the Town’s cost of the demolition and removal of the device in the event of cessation of use.

Intent - The following Senior Residential Dwelling Development requirements and procedures for complying therewith are designed to satisfy the needs of the present and future inhabitants of the town for senior residential dwelling units while ensuring that such development and uses will not result in abuses detrimental to the health, comfort, safety and welfare of both the residents of the senior residential dwelling units and the Town as a whole. Nor shall any Senior Residential Dwelling Development be detrimental to any abutting property. Senior residential dwelling developments in Holliston shall be allowed only according to the terms of a Special Permit and the provisions of this sub-section V- P. However, the provisions of this sub-section shall not apply to Federal and State subsidized housing for the elderly or low income constructed or operated under the supervision of the Holliston Housing Authority.

Objectives - In all actions taken hereunder, the Special Permit Granting Authority and its Advisors shall be guided by the following policy objectives:

Establishment and Delineation of Senior Residential District - Senior Residential Dwelling Developments may be permitted under this Section V-P only within Senior Residential Development Districts. The boundary of the Senior Residential District is delineated on a map consisting of one sheet entitled “Senior Residential District”, dated April 2005 (revised May 2006) on file in the office of the Town Clerk, which map is hereby made part this by-law. (Amended May 2006 – ATM, Art. 44. Previously amended May 2005 – ATM, Art. 40, October 2003 – STM, Arts. 23 and 28, May 2002 – ATM, Art. 25 and October 2001 – STM, Art. 10.)

Common Land and/or Open Space Requirement

Special Definitions – In addition to those contained elsewhere in the Zoning By-Laws.

Special Requirements - In addition to those contained elsewhere in the Zoning Laws of Holliston.

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

Administration -

Purpose and Intent - The purpose of this Bylaw is to outline and implement a coherent set of policies and objectives for the development of affordable housing in compliance with Holliston’s Affordable Housing Plan, the Holliston Zoning Bylaw, G.L. c. 40B sec. 20-23 and ongoing programs within the Town to promote a reasonable percentage of housing that is affordable to low and moderate income buyers. It is intended that the affordable housing units that result from this Bylaw will be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Department of Housing and Community Development and that said units shall count toward the Town’s requirements under G. L. c. 40B sec. 20-23.

Definitions

Applicability

The Planning Board shall determine whether the proposed project location is suitable for a Cluster Development under the terms and provisions of this Section and Section V-H. If the Planning Board determines that the proposed location is suitable for a Cluster Development, any further subdivision of the land into eight (8) or more lots shall be accomplished only through the provisions of Section V-H and this Section (V-Q). If the Planning Board determines, after discussion and analysis, that the location is best suited for Subdivision under a conventional subdivision design, the Planning Board shall so inform the applicant. The applicant may then proceed to design a conventional subdivision plan under the provisions of the Subdivision Control Law and the Holliston Subdivision Rules and Regulations and the provisions of Section V-H shall not apply. In cases where the Planning Board determines that the project location is not suitable for a Cluster Development, and where the proposed division of land is for eight (8) or more lots or the development of eight (8) or more dwelling units on a single lot, the Planning Board’s special permit powers shall be limited to enforcing the provisions of Section V-Q of the Zoning Bylaw. In either case, however, a Special Permit from the Planning Board shall be required.

Mandatory Provision of Affordable Units - The Planning Board shall, as a condition of approval of any development referred to in Section V-Q or Section V-P (Senior Residential Dwelling Development), require that the applicant for Special Permit approval complies with their obligation to provide affordable housing pursuant to Section 6 of this Bylaw.

Bonus for Cluster Development pursuant to Section V-H Subject to Planning Board Discretion - In the Planning Board’s sole discretion, the allowable number of dwelling units within a land division, subdivision or development subject to the requirements of Section V-H and Section V-Q may be increased by up to ten percent (10%) beyond the maximum number of dwelling units allowed pursuant to the underlying zoning requirements and as calculated pursuant to Section V-H (g) of the Bylaw but that in no instance shall more than one (1) bonus unit be granted per additional unit of affordable housing provided by the applicant. Where the Planning Board allows an increase in unit density, the Planning Board shall make affirmative findings that the density increase was appropriate in light of the public benefits offered by the applicant and as consistent with G.L. c.40A s.9 and this Bylaw.

Provision of Affordable Units - The Planning Board shall deny an application for a special permit for development under Section V-Q if the applicant for special permit approval does not agree to the following requirements:

Provisions Applicable to Affordable Housing Units On- and Off-Site

Marketing Plan for Affordable Units - Applicants under this Bylaw shall submit a marketing plan or other method approved by the Planning Board, to the Planning Board for approval, which describes how the affordable units will be marketed to potential homebuyers. This plan shall include a description of the lottery or other process to be used for selecting buyers. The marketing plan must describe how the applicant will accommodate local preference requirements, if any, established by the Board of Selectmen, in a manner that complies with the nondiscrimination in buyer selection guidelines of the Local Initiative Program.

Provision of Affordable Housing Units Off-Site - As an alternative to the requirements of Section 6(a), an applicant subject to the Bylaw may develop, construct or otherwise provide affordable units equivalent to those required by Section 6(a) off-site of the development, as approved by the Planning Board. All requirements of this Bylaw that apply to on-site provision of affordable units, shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the Planning Board as an integral element of the special permit review and approval process.

Maximum Incomes and Selling Prices: Initial Sale -

Preservation of Affordability; Restrictions on Resale - Each affordable unit created in accordance with this Bylaw shall have the following limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability to qualified purchasers in the future. The resale controls shall be established through a deed rider or an affordable housing restriction as defined by G.L. c.184, Section 31, recorded at the Middlesex County Registry of Deeds, and shall be in force in perpetuity, or for as long a period as is lawful. The affordable housing use restriction shall meet the requirements of the Local Initiative Program.

Limitations:

Fees in Lieu of Affordable Housing Units - As an alternative to Section 6(a)(i) through (a)(iii), an applicant may contribute a cash payment to the Holliston Affordable Housing Trust Fund, if and when said Fund is established pursuant to G.L. c. 44 s.55C, to be used for the development of affordable housing by the Town or its designees, in lieu of constructing and offering affordable units within the locus of the proposed development or off-site.

Appeals - To hear and decide an appeal by any person entitled to such as appeal under Section 8, Chapter 40A General Laws.

Special Permits - To hear and decide an application for a Special Permit as provided by sections of this by-law. In issuing a Special Permit, the Board of Appeals may impose appropriate conditions and safeguards.

(Amended April 1973 – ATM, Art. 20. Previously amended December 1971 – STM, Art. 4.)

Variances - To grant upon appeal or upon petition with respect to particular land or structures, a use or dimensional variance from the terms of this by-law where the Board of Appeals specifically finds that:

The Board of Appeals may impose conditions, safeguards and limitations both of time and of use.

If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, they shall lapse and may be re-established only after notice and a new hearing.

The Board of Appeals shall establish procedures and shall conduct its meeting consistent with the provisions of Chapter 40A or other provisions of the General Laws and of this by-law. Seconding a motion shall not be required in order to take action on an item before the Board of Appeals.

If the granting or denial by the Board of Appeals of an appeal would result in or constitute the issuance of a building permit, the Board of Appeals shall issue to the owner and to the applicant if other than the owner, a copy of its decision, certified by the Permit Granting Authority, containing the name and address of the owner, identifying the land affected, setting forth compliance with any statutory requirements for such a decision and certifying that copies of the decision and all plans referred to in the decision have been filed with the Planning Board and with the Town Clerk. No building permit resulting from or constituted by such a decision shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty days has elapsed and, pursuant to the applicable provisions contained within Chapter 40A General Laws as amended, no appeal has been filed, or that if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located, and indexed in the grantor index under the name of the owner of record, or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant.

Not less than fourteen days prior to any public hearing, the Board of Appeals shall notify and, upon request, cause copies of all supporting plans and documents to be sent to the Planning Board.

Within fourteen days of a decision or action, the Board of Appeals shall file in the office of the Town Clerk and with the parties in interest at their last known addresses a detailed record of its proceedings, setting forth clearly the reason or reasons for its decision and of its official action, or in the event of a failure of the Board of Appeals to act within the statutorily established time limit, an indication of such fact.

All applications for appeals, special permits or variances to the Board shall be made on appropriate forms in accordance with the rules and Regulations of the Board of Appeals. All such applications shall be accompanied by a fee as shall be then currently required by the Board of Appeals and filed with such applications in the Office of the Town Clerk.

(Amended May 1992 – ATM, Art. 35. Previously amended October 1967 – STM, Art. 14)

In the case of an appeal, special permit or variance to the Board for a designated Priority Development Site, the 180-day review period specified under MGL, c. 43D shall apply.

(Amended May 2010 – ATM, Art. 36)

This zoning by-law provides for specific types of uses which shall only be permitted in specified districts upon the granting of a Special Permit, as provided herein. Special Permits may be granted only for uses which are in harmony with the general purpose and intent of this zoning by-law, and shall be subject to general or specific provisions as set forth herein, and such permits may also impose conditions, safeguards, and limitations on time and use, in order to further the objectives of this zoning law by-law.

The Special Permit Granting Authority may grant a Special Permit for uses designated “SP” in Section III-A, Schedule of Use Regulations, or elsewhere as authorized by this by-law where such uses are designated.

The Special Permit Granting Authority shall be empowered to make findings in accordance with I-C, Non-Conforming Uses, Structures and Lots, and Section 6 of Chapter 40A of the General Laws. Such findings shall be deemed to be special permits and shall be governed by the procedural requirements for special permits set forth in Section 9 of Chapter 40A of the General Laws and in this By-Law. (Amended May 1992 – ATM, Art. 33)

The Special Permit Granting Authority shall establish procedures and shall conduct its meetings consistent with the provisions of Chapter 40A or other provisions of the General Laws and of this by-law.

In the case of a designated Priority Development Site, the 180-day review period specified under MGL, c. 43D shall apply. (Amended May 2010 – ATM, Art. 36)

Before granting a Special Permit, the SPGA shall consider the proposed use in relation to the site as well as the adjacent uses and structures and shall find that there will be no significant adverse effects to the neighborhood or the town, considering the following criteria:

Lapse. A Special Permit shall lapse three (3) years from the grant thereof, which shall not include such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. (Added May 2019 – ATM, Art. 30)

The Associate Member shall serve by appointment made by a majority vote of the Planning Board.

Within thirty (30) days after the Town is notified that this sub-section is approved, or within thirty (30) days after this sub-section becomes effective without action by the Attorney General, the Planning Board shall appoint an Associate Member by majority vote. The term of office of this first appointment shall expire on June 1, 1999 or until a successor is appointed and qualified. Thereafter, an Associate Member shall be appointed on an annual basis by the Planning Board.

In the event of a vacancy in the position of Associate Member, the position shall be filled in the same manner as in the case of the original appointment.

The Chairperson of the Planning Board may require such Associate Member to be in attendance at special permit hearings, and may designate such Associate Member to sit on the Board for the purpose of acting on a special permit application in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board, or in the event of a vacancy on the Board.

Purpose. The purpose of this section is to enable the Town to review and, to the extent necessary, provide for the imposition of reasonable terms and conditions on certain uses of land within the Town. More specifically, site plan review is intended to ensure that development within the Town shall, to the extent reasonably possible, harmonize with the neighboring land uses and structures, with particular attention paid to the preservation of structures of historical significance, natural features and open space, and the promotion of public safety with respect to vehicular and pedestrian activity both exterior and interior to the locus. Overall, the goal of this section is to promote the health, safety, convenience, morals and welfare of Holliston residents, and to enhance the attractiveness of the Town of Holliston as a place to live, visit and shop.

Applicability of Site Plan Review.

An application for site plan approval shall be in conformance with the Planning Board’s Site Plan Review Rules and Regulations, which shall be filed with the Town Clerk, Planning Board and the Inspector of Buildings. The Rules and Regulations shall set forth the documentation that must accompany an application for site plan approval.

Planning Board as a Special Permit Granting Authority. The Planning Board shall serve as the Special Permit Granting Authority for any Site Plan approval application that also requires a Special Permit under Section I-C, I-D, III, V-K, V-L or V-P of the Zoning By-Law. The Planning Board shall provide in its Rules and Regulations that hearings for such special permit/site plan review applications shall comply with the time limitations and procedural requirements of G.L.c.40A, Sections 9 and 11.

Procedure for Approval. Any person desiring approval of a site plan under this Section shall submit an original and fifteen (15) copies of the completed application with supporting documentation and appropriate fee directly to the Planning Board. The Board shall promptly transmit one copy of such plan to the following Town agencies: Building Inspector, Board of Health, Conservation Commission, Water Commissioners, Police Chief, Fire Chief, Board of Selectmen, and Highway Superintendent. The Town agencies shall report any recommendations in writing to the Planning Board. A town agency that does not report recommendations to the Planning Board within thirty (30) days of filing date of the application shall be presumed to lack opposition to it.

General Conditions for Approval. In considering a site plan application under this Section, the Planning Board shall ensure, to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which located, that there is:

After an application has been submitted, no tree removal, no utility installation, no ditching, grading or construction of drives, no grading of lots or land, no excavation except for purposes of soil testing, no dredging or filling, and no construction of buildings or structures shall commence on any part of the development site until the application has been reviewed and approved in accordance with these regulations.

No building permit shall be issued unless the site plan has been approved by the Planning Board. No permanent Certificate of Occupancy shall be issued until the applicant either complies with all requirements of the approved site plan or posts surety with the Planning Board to ensure completion.

Authority of the Board. The Planning Board shall have the power to require that technical data and study results be provided by the applicant to support the site plan and resulting findings.

The Planning Board shall have the power to modify or amend its approval of a site plan on application of the person owning or leasing the premises, or upon its own motion in the event of changes in physical conditions sufficient to justify such action within the intent of this Section. Minor changes to the approved site plan may be approved by the Inspector of Buildings at his discretion. Any proposed changes that the Inspector of Building determines not to be minor shall be submitted to the Planning Board in the form of a new site plan. All of the provisions of this Section applicable to approval shall, where apt, be applicable to such modifications or amendments.

Site Plan Approval may be revoked by the Board if, after a public hearing, it determines that a site has not been developed or maintained in accordance with the approved site plan.

In the event the application is not revised as requested by the Planning Board to meet the General Conditions in VII (5), the Planning Board may deny the application. The decision shall be in writing and shall clearly state the reasons for denial.

Filing of Decision and Appeal. The decision of the Planning Board shall be filed with the Town Clerk. The appeal of any decision of the Planning Board hereunder shall be made in accordance with the provisions of MGL c. 40A, s. 17.

Enforcement. The provisions of this section shall be enforced by the Inspector of Buildings in accordance with the provisions of Section VI of the Zoning By-Laws.