Town of NatickZoning Bylaws

PURPOSE: The purpose of the Flood-Plain District is to preserve and maintain the ground water table; to protect the public health and safety, persons and property against the hazards of flood-water inundation; and for the protection of the community against the costs which may be incurred when unsuitable development occurs in swamp, marshes, along water courses, or in areas subject to floods.

LOCATION OF FLOOD PLAIN DISTRICT: The Flood Plain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the following additional requirements as well as those of the Massachusetts State Building Code dealing with construction in flood plains. The Flood Plain District includes:

PERMITTED USES:

NOTIFICATION OF WATERCOURSE ALTERATION: In a river or stream situation, the Building Commissioner shall notify the following of any alteration or relocation of a watercourse:

REFERENCE TO EXISTING REGULATIONS: The floodplain District is established as an overlay district to all other districts. All development in the 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:

Purpose and Intent The Aquifer Protection District (APD) is an overlay district that comprises the Aquifer and Aquifer Recharge Areas. The APD is updated regularly to ensure the protection and preservation of existing and potential groundwater supply and recharge areas within Natick. The APD Bylaw establishes clear expectations and standards for development that is permitted within the APD for long-term maintenance and preservation of these essential natural resources.

Applicability All Lots that are wholly or in part in the APD are subject to this Bylaw.

Aquifer Protection District (APD) Map a. All Aquifer and Aquifer Recharge Areas shall be shown on the APD Map entitled “Aquifer Protection District, Town of Natick, Massachusetts”, dated July 1985, revised October 1987, and as further amended. b. The Conservation Commission shall manage and maintain the APD Map. The APD Map shall be reviewed and reissued every five (5) years.

Use Regulations and Permit Granting Authority a. Exempt Use(s) within the APD The following uses shall be exempt from the requirements of this Bylaw: i. Repair of septic systems when required by the Board of Health ii. Emergency orders of the Board of Health or Conservation Commission to resolve emergency situations iii. Construction of fencing that will not alter existing terrain or drainage patterns iv. A new or addition to an existing One-Family or Two-Family Dwelling that does not alter the existing terrain, drainage patterns, and is not greater than five-hundred (500) sf of lot coverage v. Land uses outlined in §VI-DD.2.b.ii-vi. of these Bylaws that does not alter the existing terrain or drainage patterns of a Lot vi. Any logging that is consistent with a Forest Cutting Plan approved under the Forest Cutting Practices Act by the Massachusetts Department of Conservation and Recreation (DCR) vii. Any practice of land management that is consistent with the excision of aboriginal rights associated Massachusetts Executive Order No 126: Massachusetts Native Americans, as amended b. Prohibited Use(s) within the APD The following uses shall be prohibited with the APD. The Zoning Board of Appeals (ZBA) shall not grant a variance or relief to allow a prohibited use as outlined in § III-A.5.4.b of this Bylaw to be permitted or expanded. i. Dumping of snow or other ground cover that is carried from off-site ii. Automotive uses including but not limited to carwashes, gas or filling stations, service and repair shops, junk and salvage yards, and trucking and bus terminals iii. Laundry and dry cleaning establishments iv. Onsite disposal, storage, processing, recycling, or discharge of Hazardous Wastes, Toxic or Hazardous Substances, Process Liquids, Radioactive Materials, industrial processed liquids (see § III-A.5.4.e for exception) v. Onsite disposal of solid wastes, other than non-invasive brush and stumps vi. Storage of petroleum or other refined petroleum products except within structures where such product will be used for heat or preparation of food vii. The disposal of liquid or leachable wastes, except as permitted into subsurface waste disposal systems, subject to regulation under Title 5 of the State Environmental Code viii. Construction of new cesspools ix. Exterior or outdoor storage of road salt or other deicing chemicals, uncovered manure, soils, mulch, fertilizers, pesticides, manure, and other like leachables, except as packaged for consumer use and located on a impervious surface with barriers x. The permanent removal or regrading of the existing soil cover resulting in a finished grade at a level below five (5) feet above the existing spring high water level xi. Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material to within four (4) feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, utility works, or wetland restoration work conducted in accordance with a valid Order of Conditions issued pursuant to MGL c 131, § 40 xii. The Mining of Land, except as incidental to the exercise of a permitted or conditional use (see § III-A.5.4.a for exception) xiii. Exterior or open dumps and landfills, outdoor recycling, or incinerator for waste disposal xiv. Landfills receiving only wastewater residuals and/or septage, including those approved by MassDEP pursuant to MGL c 21, § 26 through § 53; MGL c 111, § 17; and MGL c 83, § 6 and § xv. Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31 c. Permitted Uses within the APD – One-Family and Two-Family Dwelling The Building Commissioner shall be the reviewing authority for all As of Right One-Family and Two-Family Dwellings outlined below. Such review shall be conducted concurrently with the review of a Building Permit. i. Construction or expansion of an existing One-Family or Two-Family Dwelling, unless exempt by § III-A.5.4.a of this Bylaw and does not exceed the maximum impervious Lot Coverage of twenty (20%) percent. ii. Construction work where the total impervious Lot Coverage exceeds twenty percent (20%) within the APD and is not subject to § III-A.5.4.d, e, and f of this Bylaw. iii. Installation of stormwater management system. d. As of Right Use(s) within the APD - Site Plan Review The Planning Board shall be the Permit Granting Authority for all use(s) or projects with an APD as outlined below, unless stated otherwise in § III-A.5.4 of this Bylaw. The uses outlined in § III- A.5.4.d of this Bylaw shall be subject to a majority vote of the Planning Board. i. Any use permitted within the underlying Zoning District or Overlay District that requires Site Plan Review or a Special Permit, unless subject to § III-A.5.4.a, b, c, e, or f of this Bylaw. ii. The maintenance or repair of any existing structure with an existing compliant and valid Decision for Site Plan Review or a Special Permit that was granted by the Planning Board, or commercial structure or use permitted by the Zoning Board of Appeals. e. Conditional Uses - Special Permit(s) The Planning Board shall be the Special Permit Granting Authority (SPGA) for all use(s) or projects with an APD as outlined below. The uses outlined in § III-A.5.4.e of this Bylaw shall be subject to a super-majority vote of the Planning Board. i. The storage or disposal of Hazardous Waste, Toxic or Hazardous Substances, Process Liquids, or Radioactive Materials, where such storage or disposal are incidental to a permitted primary use and are necessary for the operation of a permitted, conditional, or allowed use in the APD. The Applicant shall submit a Hazardous Materials and Wastes Management Plan to demonstrate that the storage or disposal of such materials will not adversely affect current or future water quality or prevent groundwater infiltration into the Aquifer and Aquifer Recharge Areas. f. Permitted Uses – Conservation Commission The Conservation Commission or their designee shall be the Permit Granting Authority for all use(s) or projects with an APD as outlined below. The uses outlined in § III-A.5.4.f of this Bylaw shall be reviewed in the same manner as outlined in the procedures set forth in Article 79A, Stormwater Management and Erosion Control of the Natick Town By-laws. i. Projects that are wholly within the jurisdiction of the Conservation Commission and require an Order of Conditions, which are subject to Article 79A Stormwater Management and Erosion Control of the Natick Town By-laws. ii. All projects not outlined in § III-A.5.4 of this Bylaw, which are subject to Article 79A Stormwater Management and Erosion Control of the Natick Town By-laws. iii. One-Family or Two-Family Dwellings the design of which exceeds the maximum impervious Lot Coverage of twenty percent (20%). iv. Any use involving a principal or accessory activity the addition, on-site redistribution, or export of greater than 10,000 (ten thousand) cubic feet of earth material, consolidated or unconsolidated. v. The use of fertilizers, pesticides, manure, and other leachables for agricultural and forestry or their storage under a shelter. vi. The application of pesticides and fertilizers for non-domestic, non-municipal, or non- agricultural uses, provided that such application undertakes all necessary precautions to prevent hazardous concentrations of pesticides and fertilizers, minimizes the adverse impacts on surface and groundwater associated with nutrient transport, deposition, and sedimentation. The Applicant shall submit a Pesticide and Fertilizer Plan to demonstrate how the use of such materials will not adversely affect current or future water quality or prevent groundwater infiltration into the Aquifer and Aquifer Recharge Areas.

Dimensional Requirements a. Lot Size The minimum Lot size within the APD shall be the same as allowed in the underlying zoning district as shown in § IV.B. Intensity Regulations by Zoning District of these Bylaws. b. Lot Coverage Where the Lot Coverage exceeds twenty percent (20%) of a Lot within the APD. The Applicant shall submit a Stormwater Drainage Plan (consistent with the plan requirements outlined in Article 79A Regulations Part III (E) to demonstrate that the increase in Lot Coverage will not result in disruptions to existing groundwater flow, reduce current or future water quality, or reduce infiltration capacity of the lot.

Review Procedures a. Application Requirements – One-Family and Two-Family Dwelling i. Letter from the Stormwater Management Team (Town Engineer and Conservation Agent) providing positive recommendation of the Project design relative to the requirements of § III-A.5.7.a of this Bylaw. ii. Project Narrative to demonstrate compliance with this Bylaw. iii. Submittal of an Operation & Management (O&M) plan for the operation and maintenance of installed stormwater infrastructure. iv. Stamped site Plan with accompanying details that presents the details of proposed infrastructure. b. Application Requirements – Conservation Commission and Planning Board Review An APD application shall be filed with the respective Permit Granting Authority (Conservation Commission, or Designee or Planning Board) per § III-A.5.4 if this Bylaw. The Permit Granting Authority shall review an APD application to determine if the submitted information demonstrates the requirements outlined in § III-A.5.7 of this Bylaw. Where applicable, the Permit Granting Authority may develop rules and regulations to guide the permitting of projects within the APD. i. Existing and proposed condition plans that show the location of the APD on Lot, which includes the Aquifer and Aquifer Recharge Areas. ii. APD Development Impact Report, which is a Narrative of the project that outlines how the project shall not be a detriment to the APD, in addition to any Best Management Practices (BMP) or Low Impact Development (LID) infrastructure that will be utilized onsite. iii. A Construction Narrative, which is a written description as to how the Lot will be managed throughout construction. Such Construction Narrative should include the management of Aquifer and Aquifer Recharge Areas, in addition to management of stormwater during the construction phase of the project. iv. A Construction and Grading Plan, which includes the drainage patterns, approximate slopes, details of erosion and sediment control measures, management of uncontaminated waters around disturbed areas, and details for each different type of BMP and LID infrastructure that will be utilized throughout construction. v. A Soil and Fill plan that includes existing soil types, type of fill to be used, and volume and nature of imported materials, and location of soil types and fill locations onsite. vii. BMP and LID infrastructure, vegetation, and stormwater management infrastructure on the plans and details of the features onsite. viii. Submittal of an Operation & Management (O&M) plan for the operation and maintenance of installed stormwater infrastructure. c. Additional Require Information Projects within the APD may require additional information to be submitted as outlined in § III- A.5. of this Bylaw. The following submittal requirements are required for projects within the APD. i. The Stormwater Drainage Plan per § III-A.5.5.b of this Bylaw shall include

Findings The Permit Granting Authority shall make the applicable findings to ensure the APD is protected during construction and post-construction, the Applicant shall demonstrate the follow requirements for projects within the APD. a. One-Family and Two-Family Dwellings The Building Commissioner shall utilize the following findings to make a determination if such project within the APD complies with this Bylaw prior to approval of a Building Permit. i. The construction of a new Dwelling Structure or addition to existing Dwelling Structure shall be required to collect and infiltrate roof runoff onsite (minimum of one (1) inch over the volume of the new roof area or modified roof area). ii. Stormwater from impervious areas shall be infiltrated onsite underground, onsite into vegetated swales or basins, or addressed through other infrastructure to allow retention or recharge onsite. Stormwater shall not be directed onto abutting properties or Town infrastructure. iii. During construction BMP and LID shall be utilized to prevent stormwater and sediment from exiting the Lot. viii. The Applicant has to demonstrate that the use and the Lot has been designed so that no stormwater or wastewater other than that typically discharged by domestic wastewater disposal systems. Further, stormwater or wastewater shall not be permitted to flow over public sidewalks or onto roadways, and shall be managed on the Lot. b. All other permitted uses (excluding One-Family and Two-Family Dwellings) The Permit Granting Authority for § III-A.5.4.d, e and f shall utilize the following findings to make a determination if such project within the APD complies with this Bylaw prior to approval. i. The Applicant has demonstrated that the APD application during and post construction is consistent with the purpose and intent of the APD. ii. The Applicant has demonstrated the natural and proposed final topography, soils types, and other characteristics of the Lot to be developed support the use of the Lot. iii. The Applicant has demonstrated that during construction or thereafter, the use of the Lot will not adverse environmental impact on the aquifer water supply. iv. The Applicant has demonstrated the use will not adversely affect an existing or potential water supply. v. The Applicant has demonstrated that the use of BMP and LID standards have been utilized throughout the APD, where possible, to ensure the protection of the Aquifer and Aquifer Recharge Areas, in addition to ensuring erosion shall not degrade the Lot increasing the rate of stormwater movement or movement of soils. vi. The Applicant has provided evidence that the existing seasonal high groundwater elevation will not be increased or encroached upon, whether through the design and installation of appropriate infrastructure or applicable mitigation. vii. The Applicant has demonstrated through good design that use of BMP and appropriate infrastructure or applicable mitigation, will meet the water quality standards outlined in Article 79A and associated regulations and appendices for the runoff from such impervious surfaces recharged to the Aquifer and Aquifer Recharge Areas. viii. The Applicant has demonstrated that the use and the Lot has been designed so that no stormwater or wastewater other than that typically discharged by domestic wastewater disposal systems. Further, stormwater or wastewater is not discharged into the Town public infrastructure. ix. For uses subject to §III-A.5.5.b.ii, the Stormwater Drainage Plan shall demonstrate the retention and percolation within the Aquifer and Aquifer Recharge Areas of all development generated stormwater runoff from a ten (10) year storm event, such that the post- development discharge volume to the aquifer is, at a minimum, equal to the pre- development discharge to the aquifer. Furthermore, the Stormwater Drainage Plan shall provide for the removal of oil and gasoline from parking lot runoff by the use of treatment swales, oil/gas separators or other devices, prior to retention and percolation of the runoff. iix. An emergency response plan has been prepared to prevent contamination of soil or groundwater in the event of accidental spills or the release of Hazardous Waste, Toxic or Hazardous Substances, Process Liquids, or Radioactive Materials onsite. iiix. Where a Stormwater Drainage Plan is required the Applicant shall demonstrate that the project will not adversely affect current or future water quality or prevent groundwater infiltration into the Aquifer and Aquifer Recharge Area. All runoff from impervious surfaces shall be recharged to the Aquifer and Aquifer Recharge Area onsite through BMP and LID hardscape and softscape infrastructure, unless a waiver is granted by a four-fifths vote of the Permitting Authority. xiv. The use of a Lot has been designed so it will not adversely affect groundwater quality, nor cause a significant long-term reduction in the volume of water contained in the Aquifer and Aquifer Recharge Areas. xv. The use of a Lot has been designed so it will not adversely affect groundwater quality, nor cause a significant long-term reduction in the volume of water contained in the Aquifer and Aquifer Recharge Areas. c. The Applicant may request relief by a waiver of one (1) or more of the Findings outlined in §III- A.5.7.b, if the Applicant can demonstrate that such Finding is not applicable for the specific use. The respective permitting authority (Conservation Commission or Planning Board), at its discretion, may waive such finding by a four-fifths (4/5) super-majority vote, where the reviewing authority finds such requirement(s) are not appropriate or relevant for the elevations of the project.

Annual Review a. All projects subject to this Bylaw, shall regularly maintain all systems and infrastructure associated with the protection and preservation of the Aquifers and Aquifer Recharge Areas. The Town may require updates or modification to existing systems that are not maintained or in working order. b. Any deficiencies or required modifications identified in the review shall be resolved within thirty

Applicants who meet the foregoing requirements may apply to the Planning Board for a special permit that will permit them to receive additional units and relaxation of frontage requirements in exchange for the provision of affordable housing units. The Planning Board shall act as an SPGA and any plan shall meet the requirements of the Site Plan Review provisions of this Bylaw. If a subdivision is involved a definitive subdivision plan shall be submitted to the Planning Board in addition to the submission required under the Site Plan Review procedures. The Natick Housing Partnership or any successor organization having similar interests shall be included in the agencies receiving the distribution of copies of plans for comment.

The number of additional dwelling units permitted under the IHOP procedure may not exceed 20% of that otherwise permitted under the underlying zoning, as demonstrated by a plan submitted to the Planning Board. In determining the size of the bonus to be granted the Planning Board may consider a number of factors, including the cost of the land, the cost of development including the cost of construction of the units and infrastructure, and the proposed market price of the units to be built. In addition to any other waiver permitted under the subdivision control law and the Rules and Regulations of the Planning Board, requirements for area and/or frontage may be reduced as follows: area may be reduced up to 15% of the minimum intensity requirements of the underlying zone; frontage may be reduced up to 20% of the minimum required in the underlying zone.

Affordable Dwelling Units shall be provided in any one of the following alternatives, consistent with the provisions of Section V-J of this bylaw and subject to approval of the Planning Board:

Each affordable unit created in accordance with this section shall have limitations governing its resale. Such limitations shall have as their purpose to preserve the long-term affordability of the unit and to ensure its continued availability to low or moderate income households, consistent with the provisions of Section V-J of this bylaw. Such restrictions may also provide that the Natick Housing Authority shall have a prior right of purchase at the price determined according to the restriction for a period of thirty (30) days after the unit is placed on sale. Notice of any proposed sale shall be given to the Planning Board and to the Natick Housing Authority.

Amended

Affordable Units to be offered for sale under the IHOP provisions shall be offered to residents of the Town of Natick and to persons employed within the Town of Natick, consistent with the provisions of Section V-J, and particularly V-J.5.E, of this bylaw.

Amended

In addition to any requirements under Site Plan Review, the Special Permit, or Subdivision approval, an applicant must submit a development plan acceptable to the Planning Board plan indicating how the parcel could be developed under the underlying zoning (i.e. a baseline plan). Any bonus granted shall be calculated from the baseline plan. The development plan showing the bonus units shall also indicate the proposed Affordable Dwelling Units, which must be dispersed throughout the parcel to ensure a mix of market-rate and Affordable Dwelling Units. Affordable Dwelling Units shall have an exterior appearance that is compatible with, and to the extent that is possible, indistinguishable from the market rate units in the development. Affordable Dwelling Units shall contain at least two (2) or more bedrooms and shall be suitable as to design for family occupancy. The owners of Affordable Dwelling Units shall have all of the rights and privileges accorded to market rate owners regarding any amenities within the development.

B - HOUSING OVERLAY OPTION PLAN – (HOOP)

Amended

PURPOSE The purpose of this Housing Overlay Option Plan is to create overlay districts in selected areas of the Town in order to enhance the public welfare by increasing the production of dwelling units affordable to Eligible Households in a manner consistent with both the provisions of Section V-J and the character of the downtown area. In order to encourage utilization of the Town’s remaining developable land in a manner consistent with local housing policies and needs, new housing developments in the HOOP Districts are required to contain a proportion of dwelling units affordable to Eligible Households. This requirement will reduce sprawl by developing land that is underutilized and is located in Natick Center where public transportation is available. Development under the provisions of this bylaw, or under MGL Chapter 40B, Sections 20-23 is encouraged to take place in the HOOP Districts. It is desirable in these overlay districts to provide for: pedestrian areas within and between housing complexes; public parks; open space and additional open space resulting from placing parking under buildings or underground.

Amended

APPLICABILITY The provisions of this section may be utilized on any land located within the HOOP – I and HOOP - II districts, subject to the requirements and standards set forth in this Section. All regulations of the underlying zoning districts shall apply within the HOOP – I and HOOP – II Districts, except to the extent that they are specifically modified or supplemented by regulations set forth in this Section. Where requirements and standards within the HOOP - I and HOOP – II Districts, as set forth in this Section, differ from or conflict with applicable requirements and standards set forth elsewhere in this By-Law, the requirements and standards established for the HOOP – I and HOOP – II Districts shall take precedence.

DENSITY

BONUSES, USES

INTENSITY REGULATIONS FOR THE HOOP DISTRICTS HOOP – I HOOP - II Minimum lot area 15,000 square feet 20,000 square feet Continuous frontage minimum of 100 feet minimum of 100 feet Minimum depth 75 feet 75 feet Minimum setback, front 10 feet 10 feet Minimum side-yard setback 5 feet 5 feet Minimum rear-yard setback 5 feet 5 feet Maximum building coverage 40% 40% Maximum building height 40 feet 40 feet Minimum open space 35% 45%

OPEN SPACE The open space requirement may be met with the provision of publicly accessible parks and walking trails on or off-site and located within the HOOP – I or HOOP – II district. Each square foot of land provided as a public park, not to include wetlands, shall count as 1.5 square feet of required open space.

MODIFICATIONS AND WAIVERS The SPGA may modify and/or waive strict compliance with one or more of these requirements, regulations, and objectives set forth in this Section, in accordance with Section V-E, and provided further that such waiver and/or modification is necessary in order to encourage the creation of Affordable Housing units.

Amended

AFFORDABILITY

DESIGN CRITERIA The Applicant shall submit plans for all buildings, landscaping, and structures to the Design Review Board, which shall submit a report to the Special Permit Granting Authority for consideration during its special permit hearing. The Design Review Board report shall include its determination regarding the extent to which the proposed development meets any or all of the criteria set forth in subparagraph 4.b) above, and whether the project shown on the Site Plan is designed, located and constructed to afford the following: a. Compatibility of architectural styles, scales, building materials and colors within the development; b. Variations in façade, roof lines and interior layouts of dwelling units, including the design of units that are handicapped accessible; c. Harmonious relationship of buildings and structures to each other and their environs with adequate light, air, circulation, privacy and separation; and d. The capability for constant surveillance, orientation and recognition.

C - SMART GROWTH OVERLAY DISTRICT (SGO District)

PURPOSE The Smart Growth Overlay (SGO) District Program is established pursuant to Massachusetts G.L. c. 40R. It is the purpose of the SGO to encourage smart growth and increased housing production in the Town of Natick. Smart growth is a principle of land development that emphasizes mixing land uses, increases the availability of affordable housing by creating a range of housing opportunities in neighborhoods, takes advantage of compact design, fosters distinctive and attractive communities, preserves open space, farmland, natural beauty and critical environmental areas, strengthens existing communities, provides a variety of transportation choices, makes development decisions predictable, fair and cost effective and encourages community and stakeholder collaboration in development decisions.

DEFINITIONS For purposes of this Section, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or Section 2.0, or as set forth in the Plan Approval Authority (PAA) Regulations. To the extent that there is any conflict between the definitions set forth in Section 2.0 or the PAA Regulations and the Enabling Laws, the terms of the Enabling Laws shall govern. Administering Agency – A qualified housing entity will be designated by the PAA pursuant to Section 6.2, to review and implement the Affordability requirements affecting Projects under Section 6.0. Affordable Homeownership Unit - an Affordable Housing unit required to be sold to an Eligible Household. Affordable Housing - housing that is affordable to and occupied by Eligible Households. Affordable Housing Restriction - a deed restriction of Affordable Housing meeting statutory requirements in G.L. Chapter 184, Section 31 and the requirements of Section 6.5 of this Bylaw. Affordable Rental Unit - an Affordable Housing unit required to be rented to an Eligible Household. Applicant – the individual or entity that submits a Project for Plan Approval. As-of-right - a use allowed under Section 5.0 without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A Project that requires Plan Approval by the PAA pursuant to Sections 9.0 through 13.0 shall be considered an as-of-right Project. Department or DHCD - the Massachusetts Department of Housing and Community Development. Eligible Household - an individual or household whose annual income is less than 80 percent of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets. Enabling Laws - G.L. Chapter 40R and 760 CMR 59.00. PAA Regulations – the rules and regulations of the PAA adopted pursuant to Section 9.3. Plan Approval - standards and procedures which certain categories of Projects in the SGO District must meet pursuant to Sections 9.0 through 13.0 and the Enabling Laws. Plan Approval Authority (PAA) - The local approval authority is the Natick Planning Board which is authorized under Section 9.2 to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the SGO District. Project - a Residential Project undertaken within the SGO District in accordance with the requirements of this Section. Residential Project - a Project that consists solely of residential, parking, and accessory uses, as further defined in Section 5.1. SGO District – the Smart Growth Overlay District established in accordance with this Section. Zoning Bylaw - the Zoning Bylaw of the Town of Natick.

OVERLAY DISTRICT 3.1 Establishment. The Smart Growth Overlay District, hereinafter referred to as the “SGO District,” is an overlay district having a land area of approximately 5.1 acres in size that is superimposed over the underlying zoning district (s) and is shown on the Zoning Map of the Town of Natick, “Northwest Quandrant”.

APPLICABILITY OF SGO DISTRICT 4.1 Applicability of SGO District. An applicant may seek development of a Project located within the SGO District in accordance with the provisions of the Enabling Laws and this Section, including a request for Plan Approval by the PAA. In such case, notwithstanding anything to the contrary in the Zoning Bylaw, such application shall not be subject to any other provisions of the Zoning Bylaw, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations. 4.2 Underlying Zoning. The SGO District is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force, except for those Projects undergoing development pursuant to this Section. Within the boundaries of the SGO District, a developer may elect either to develop a Project in accordance with the requirements of the Smart Growth Zoning, or to develop a project in accordance with requirements of the regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s). 4.3 Administration, Enforcement, and Appeals. The provisions of this Section shall be administered by the Building Commissioner, except as otherwise provided herein. Any legal appeal arising out of a Plan Approval decision by the PAA under Sections 9 through 13 shall be governed by the applicable provisions of G. L. Chapter 40R. Any other request for enforcement or appeal arising under this Section shall be governed by the applicable provisions of G. L. Chapter 40A..

PERMITTED USES The following uses are permitted as-of-right for Projects within the SGO District. 5.1 Residential Projects. A Residential Project within the SGO District may include:

HOUSING AND HOUSING AFFORDABILITY 6.1 Number of Affordable Housing Units. For all Projects not less than twenty percent (20%) of housing units constructed shall be Affordable Housing. 6.2 Administering Agency. A qualified housing entity will be selected to be the administering agency by the PAA (the “designating official”). In a case where the Administering Agency cannot adequately carry out its administrative duties, upon certification of this fact by the designating official or by DHCD such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the designating official or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such Administering Agency shall ensure the following, both prior to issuance of a Building Permit for a Project within the SGO District, and on a continuing basis thereafter, as the case may be:

prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed;

income eligibility of households applying for Affordable Housing is properly and reliably determined;

the housing marketing and resident selection plan conform to all requirements and are properly administered;

sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and

Affordable Housing Restrictions meeting the requirements of this section are recorded with the proper registry of deeds.

6.3 Affordability Information Submission Requirements. As part of any application for Plan Approval for a Project within the SGO District submitted under Sections 9.0 through 13.0, the Applicant must submit the following documents to the PAA and the Administering Agency:

a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly;

evidence that the Project complies with the cost and eligibility requirements of Section 6.4:

Project plans that demonstrate compliance with the requirements of this Section 6.3 and Section 6.5; and

a form of Affordable Housing Restriction that satisfies the requirements of Section 6.6. These documents in combination, to be submitted with an application for Plan Approval, shall include details about construction related to the provision, within the development, of units that are accessible to the disabled.

6.4 Cost and Eligibility Requirements. Affordable Housing shall comply with the following requirements:

Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.

For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply.

For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one. Prior to the granting of any Plan Approval for a Project, the Applicant must demonstrate, to the satisfaction of the Administering Agency, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town of Natick.

6.5 Design and Construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be dispersed throughout the Project of which they are part and be comparable in initial construction quality and exterior design to the other housing units in the Project. The total number of bedrooms in the Affordable Housing shall, insofar as practicable, be proportionate to the total number of bedrooms in all units in the Project of which the Affordable Housing is part. 6.6 Affordable Housing Restriction. Each Project shall be subject to an Affordable Housing Restriction which is recorded with the appropriate registry of deeds or district registry of the Land Court and which contains the following:

specification of the term of the affordable housing restriction which shall be no less than thirty years;

the name and address of the Administering Agency with a designation of its power to monitor and enforce the affordable housing restriction;

a description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Project or portion of a Project which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Project or the rental portion of a Project without specific unit identification.

reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for preferences in resident selection to the extent consistent with applicable law; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such Unit shall be given to a household of the appropriate size;

a requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan;

reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership will be set;

designation of the priority of the Affordable Housing Restriction over other mortgages and restrictions, provided that a first mortgage of a Homeownership Housing Unit to a commercial lender in an amount less than maximum resale price may have priority over the Affordable Housing Restriction if required by then current practice of commercial mortgage lenders;

a requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease of any Affordable Rental Unit shall be given to the Administering Agency;

provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the Administering Agency;

provision that the restriction on an Affordable Homeownership Unit shall run in favor of the Administering Agency and the Town of Natick, in a form approved by municipal counsel, and shall limit initial sale and re-sale to and occupancy by an Eligible Household;

provision that the restriction on Affordable Rental Units in a rental Project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Administering Agency and the Town of Natick, in a form approved by municipal counsel, and shall limit rental and occupancy to an Eligible Household;

provision that the owner[s] or manager[s] of Affordable Rental Unit[s] shall file an annual report to the Administering Agency, in a form specified by that agency certifying compliance with the Affordability provisions of this Bylaw and containing such other information as may be reasonably requested in order to ensure affordability; and

a requirement that residents in Affordable Housing provide such information as the Administering Agency may reasonably request in order to ensure affordability.

6.7 Costs of Housing Marketing and Selection Plan. The housing marketing and selection plan may make provision for payment by the Project applicant of reasonable costs to the Administering Agency to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements. Such payment shall not exceed one-half (1/2%) percent of the amount of rents of Affordable Rental Units (payable annually) or one (1%) percent of the sale or resale prices of Affordable Homeownership Units (payable upon each such sale or resale), as applicable. 6.8 Age Restrictions. Nothing in this Section shall permit the imposition of restrictions on age upon all Projects throughout the entire SGO District. However, the Administering Agency may, in its review of a submission under Section 6.3, allow a specific Project within the SGO District designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable fair housing laws and not less than twenty-five percent (25%) of the housing units in such a restricted Project shall be restricted as Affordable units. Any Project which includes age-restricted residential units shall comply with applicable federal, state and local fair housing laws and regulations. 6.9 Phasing. For any Project that is approved and developed in phases in accordance with Section 9.4, the proportion of Affordable Housing Units (and the proportion of Existing Zoned Units to Bonus Units as defined in 760 CMR 59.04 1(h)) shall be consistent across all phases. 6.10 No Waiver. Notwithstanding anything to the contrary herein, the Affordability provisions in this Section 6.0 shall not be waived.

SITE PLAN DIMENSIONAL AND DENSITY REQUIREMENTS 7.1 List of Requirements. Notwithstanding anything to the contrary in this Zoning Bylaw, the density and dimensional requirements applicable in the SGO District are as follows:

PARKING REQUIREMENTS The parking requirements applicable for Projects within the SGO District are as follows. 8.1 Number of parking spaces. Unless otherwise approved by the PAA, the following minimum numbers of off-street parking spaces shall be provided by use, either in surface parking, within garages or other structures, and shall be provided at a rate of 1.5 spaces per unit within a SGO District. The PAA may allow for additional visitor parking spaces beyond the 1.5 spaces per unit if deemed appropriate given the design, layout and density of the proposed residential or other development. The PAA may allow for a decrease in the required parking as provided in Sections 8.2 and 8.3 below if sufficient information is submitted which appropriately addresses the need for overall parking upon the project site. The PAA is not obligated to make such reduction in the absence of overwhelming evidence necessary to satisfy parking demand created by the subject project. 8.2 Shared Parking. Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted above that occur at different times of day is strongly encouraged. Minimum parking requirements above may be reduced by the PAA through the Plan Approval process if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g. the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies). 8.3 Reduction in parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced by the PAA through the Plan Approval process if the applicant can demonstrate that the lesser amount of parking will not cause excessive congestion, negative impact surrounding areas, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits, taking into consideration:

PLAN APPROVAL OF PROJECTS: GENERAL PROVISIONS 9.1 Plan Approval. An Application for Plan Approval shall be reviewed by the PAA for consistency with the purpose and intent of Sections 9.0 through 13.0, and shall be subject to site plan review and approval by the PAA. Such Plan Approval process shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws, subject to site plan review. The following categories of Projects shall be subject to the Plan Approval process:

PLAN APPROVAL PROCEDURES 10.1 Preapplication. Prior to the submittal of a Plan Approval submission, a “Concept Site Plan” may be submitted to help guide the development of the definitive submission for Project buildout and individual elements thereof. Such Concept Site Plan should reflect the following:

Overall building envelope areas;

Open space and natural resource areas; and

General site improvements, groupings of buildings, and proposed land uses. The Concept Site Plan is intended to be used as a tool for both the applicant and the PAA to ensure that the proposed Project design will be consistent with the Design Standards, site plan provisions and other requirements of the SGO District.

10.2 Required Submittals. An application for Plan Approval shall be submitted to the PAA on the form provided by the PAA, with the application fee(s) which are set forth in the PAA Regulations (9.3) above. The application shall be accompanied by a formal site plan and documents as may be required and set forth in the PAA Regulations. For any Project that is subject to the Affordability requirements of Section 6.0, the application shall be accompanied by all materials required under Section 6.3. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of [one inch equals forty feet (1"=40') or larger], or at a scale as approved in advance by the PAA.

10.3 Filing. An application and supporting materials shall be submitted electronically through the Town’s online permitting portal. 10.4 Circulation to Other Boards. Upon receipt of a complete Application, the PAA shall circulate the application to the Select Board, Zoning Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works, the Design Review Board, and any such applicable board, agency or officer. Such reviewers shall provide any comments within 60 days of receipt of the application. 10.5 Hearing. The PAA shall hold a public hearing for which notice has been given as provided in Section 11 of G.L. Chapter 40A. The decision of the PAA shall be made, and a written notice of the decision filed with the Town Clerk, within 120 days of the receipt of the application by the Town Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the Town Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the Plan Approval application. 10.6 Peer Review. The applicant of a SGO District project shall be required to pay for reasonable consulting fees to provide peer review of the Plan Approval application, pursuant to G.L. Chapter 40R, Section 11(a). Such fees shall be held by the Town in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith.

PLAN APPROVAL DECISIONS 11.1 Plan Approval. Plan Approval shall be granted where the PAA finds that:

the applicant has submitted the required fees and information as set forth in the PAA Regulations; and

the Project as described in the application meets all of the requirements and standards set forth in this Section and the PAA Regulations, or a waiver has been granted therefrom; and

any extraordinary adverse potential impacts of the Project on nearby properties have been adequately mitigated. For all Projects, compliance with condition (2) above shall include written confirmation by the Administering Agency that all requirements of Section 6.0 have been satisfied. The PAA may attach conditions to the Plan Approval decision that are necessary to ensure substantial compliance with this Section, or to mitigate any extraordinary adverse potential impacts of the Project on nearby properties.

11.2 Plan Disapproval. A Plan Approval application may be disapproved only where the PAA finds that:

the applicant has not submitted the required fees and information as set forth in the Regulations; or

the Project as described in the application does not meet all of the requirements and standards set forth in this Section and the PAA Regulations, or that a requested waiver therefrom has not been granted; or

it is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions.

11.3 Waivers. Except where expressly prohibited herein, upon the request of the Applicant, the Plan Approval Authority may waive the dimensional and other requirements of this Section 7.1c 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 SGO District, or if it finds that such waiver will allow the Project to achieve the density, Affordability, mix of uses, and/or physical character allowable under this Section. The PAA is not obligated to render such waivers if it deems the project does not provide sufficient reason or benefit to the community. 11.4 Project Phasing. The PAA, as a condition of any Plan Approval, may allow a Project to be phased at the request of the Applicant, or it may require a Project to be phased to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the proportion of Affordable to market rate units shall be consistent across all phases, and the proportion of Existing Zoned Units to Bonus Units (as those terms are defined under 760 CMR 59.00) shall be consistent across all phases. 11.5 Form of Decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the PAA. If twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. If a plan is approved by reason of the failure of the PAA to timely act, the Town Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the Middlesex County Registry of Deeds or Middlesex County Registry District of the Land Court, as applicable, and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant. 11.6 Validity of Decision. A Plan Approval shall remain valid and shall run with the land indefinitely, provided that construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall also be extended if the Project proponent is actively pursuing other required permits for the Project or there is other good cause for the failure to commence construction, or as may be provided in a Plan Approval for a multi-phase Project.

CHANGE IN PLANS AFTER APPROVAL BY PAA 12.1 Minor Change. After Plan Approval, an applicant may apply to make minor changes in a Project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the Town Clerk. 12.2 Major Change. Those changes deemed by the PAA to constitute a major change in a Project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to Sections 9.0 - through 13.0.

SEVERABILITY. If any provision of this Section is found to be invalid by a court of competent jurisdiction, the remainder of Section shall not be affected but shall remain in full force and effect, to the extent permitted by law. The invalidity of any provision of this Section shall not affect the validity of the remainder of the Town’s Zoning Bylaw.

Amended

Purpose and Intent To support and encourage the expansion of businesses, the Highway Mixed Use – I (HM-I) Zoning District provides opportunity for development and infill opportunities within one of Natick’s economic hubs. The HM-I intends to promote redevelopment of underutilized sites that seek to strengthen and diversify the Town’s employment and tax base, as outlined in Natick’s long range planning documents.

Development Scale a. The HM-I divides development opportunities into small and large campuses. Campuses can either be a single parcel or multiple parcels that are in common ownership. Parcels within a campus may be separated by a public street, public utility easement, or Town accepted right of way. i. Small Corporate Campus Parcels are eighty thousand (80,000) to two hundred thousand (200,000) square feet; or ii. Large Corporate Campus Parcels are greater than two hundred thousand (200,000) square feet of land.

Intensity Regulations and Development Requirements a. Setback Modifications i. Where parcels of land within a Small or Large Corporate Campus Parcel are separated by a road, easement, or way, the front yard setback can be decreased to twenty (20) feet where the setback are is landscaped within at least one (1) street tree per fifty (50) feet of frontage. ii. A front setback of sixty (60) feet from Worcester Street (Route 9) shall not be decreased. iii. The SPGA may by special permit decrease the side and rear setback to twenty (20) feet if it is determined that such separation promotes the intent of a campus design and the setback area is designed as open space. b. Review Standards and Procedures The Planning Board may adopt, and from time to time revise and amend, design standards and guidelines that will be applicable to all projects within the HM-I district. Such standards and guidelines shall be consistent with and promote the Purpose and Intent of the HM-I district. c. Open Space Requirements i. A landscape buffer shall be a minimum of four (4) feet in width and shall be maintained at all side and rear yards that do not abut a parcel in common ownership. ii. A landscape buffer shall be a minimum of twenty five (25) feet in width and shall be maintained at all side and rear yards that abut residentially zoned districts. iii. A landscape buffer shall not be required where open space is wider than the width of the respective existing side, rear or front yard of the premises, so long as such yard conforms to the requirements of these By-Laws. iv. A landscaped buffer may be interrupted for pedestrian, vehicular, and utility installation and access. v. All landscaping shall be constructed and maintained as provided in § VI-B(x) of these By- Laws. vi. No additional buffers shall be required under this Section at property lines at which the requirements of these By-Laws for landscaping adjacent to rights-of-way are satisfied.

Amended

PERMITTED AND ALLOWED USES:

OVERALL SITE PLAN In the event the owner or owners of a lot, or several adjacent lots in an HM-II Zoning District, elect to develop their land under an Over-all Site Plan, then the uses set forth hereafter under § III-C.3 may be permitted upon the grant of a Special Permit and Site Plan Review by the Planning Board in accordance with § VI-DD of these Bylaw. Where owners of adjacent lots wish to combine said lots for the purpose of seeking a Special Permit and Site Plan Review under this Section, they must submit a recordable agreement to the Planning Board with applications for Special Permit and Site Plan Review. Such agreement must be in a form that is satisfactory to the Planning Board and shall authorize the joint proposed development, and be binding upon their successors in interest. Such agreement shall be recorded with the Decisions for said Special Permit and Site Plan Review prior to the issuance of any building permit.

Amended

ALLOWED USES UNDER AN OVERALL SITE PLAN The following uses may be allowed in an HM-II District under an Overall Site Plan as described in Section III-C.2: a. Business or professional office or agency; bank or other financial institution, administrative office; clerical office; statistical office; establishment for research and-or development; craft, consumer, professional or other service establishment dealing directly with the general public; business training center; b. Retail Stores; c. Hotel or Motel; d. Indoor amusement or recreation place provided that the building or portion of the building dedicated to such use is so insulated and maintained as to confine noise to the premises and is located at least two hundred (200') feet from the nearest residentially zoned district, and at least three hundred-fifty (350’) feet from any existing residential structure. e. Wholesale or retail office or showroom with inside storage of goods for sale on the premises only; f. Printing or publishing establishment; g. Off street parking which may be surface or indoor; h. Restaurant, tearoom, lunchroom or other eating establishment serving food and beverages, to be chiefly consumed on the premises, provided that any portion of a structure dedicated to such use is located at least two hundred (200’) feet from the nearest residentially zoned district; i. The serving of food and-or beverages, with or without accompanying entertainment, on the premises of a hotel, including, without limitation, all restaurant, cocktail lounges, room service facilities, meeting and function rooms on said premises, provided that any portion of a structure dedicated to such uses is located at least three hundred fifty (350') from the nearest existing residential structure. j. Licensed Nursery Schools and/or Daycare Centers k. Health Care or Retirement Facility l. Wireless Communications Facility, including only a BMWCF, an AWCF, and co-locating a WCF on an existing free standing monopole or lattice tower. m. Creative Production, where all noise, smoke, dust, odor, vibration or similar objectionable features generated are minimized and confined to the premises to the extent feasible. n. Specialty Craft Fabrication, where all noise, smoke, dust, odor, vibration or similar objectionable features generated are minimized and confined to the premises to the extent feasible.

Amended

INTENSITY REGULATIONS:

INTENSITY REGULATIONS UNDER OVERALL SITE PLAN DEVELOPMENT Where a lot or a group of lots are proposed to be included as one large parcel for purposes of seeking Site Plan Approval and a Special Permit under Section III-C.2.in addition to any general requirements of Section IV-A, the following regulations shall apply: a. MINIMUM AREA REQUIRED FOR INCLUSION IN A FINAL SITE PLAN: 8 acres. b. MINIMUM CONTINUOUS FRONTAGE REQUIRED FOR INCLUSION IN A FINAL SITE PLAN: 200 feet along the major highway or along the access road from the parcel to the major highway. c. MINIMUM LOT AREA: 100,000 square feet. d. MINIMUM LOT DEPTH: 200 feet. e. MINIMUM LOT FRONTAGE ON MAJOR HIGHWAY OR THE ACCESS ROAD: 100 feet. f. MINIMUM SETBACK OF BUILDINGS AND PARKING FROM MAJOR HIGHWAYS: 85 feet (excluding staircases, ramps and other facilities required by law for the safe use of the structure). g. MINIMUM SIDE AND REAR SETBACKS: No buildings shall be located closer than 100 feet to the side or rear lines of the parcel. Where the parcel abuts residentially zoned land the setback of structures shall be no less than two (2) times the height of such structure, but not less than 100 feet. However, notwithstanding the foregoing, where the parcel abuts other commercially zoned land, or where the parcel abuts town owned land regardless of zoning classification, the side or rear yards of any lots so abutting shall be not less than fifty (50') feet. There shall be excluded from the computation of such setback or yard depth, protrusions for staircases, ramps, and other facilities required by law for the safe use of the structure. h. MAXIMUM BUILDING COVERAGE: 25 per cent, including accessory buildings; provided however, that a garage structure, to the extent that it provides parking for the number of parking spaces required in accordance with this By-Law, shall not be counted in determining building coverage. The portion of the garage building "footprint" to be counted towards building coverage shall be a fraction of the total building footprint area; said fraction having as its numerator the square foot area in the building devoted to accommodate the excess parking spaces, and having as its denominator the total square foot area in the garage building devoted to parking. i. MAXIMUM HEIGHT OF BUILDINGS: 55 Feet, however, buildings may be 75 feet high if setback at least 200 feet from residential districts. j. BUFFERING REQUIREMENTS: A strip of landscaped buffer area at least 50 feet in width shall be maintained at all side and rear boundaries of the parcel. Landscaping requirements for such buffer strip shall be not less than those provided in Section IV-B(x) of these By-laws. However, the Planning Board may provide for additional tree and-or understory plantings, fencing, berms, or any combination thereof which serve to adequately screen the uses on the parcel from surrounding residential uses; any such trees so required shall not be spaced closer than 15 linear feet and shall not be required to be taller than 12 feet when planted. Where the topography requires buildings shall be so sited as to minimize their being visible from surrounding residences. Said buffer area may be interrupted for drainage channels, ponding areas, pedestrian, vehicular and utility installations. k. GARAGES AND PARKING: Garages may be used for indoor storage of motor vehicles. Where roof parking is desired, all vehicles shall be screened laterally by a suitable parapet wall and roof lighting shall be screened laterally. For the purpose of this HM-II district, and notwithstanding any other provision of these By- Laws, an off-street parking space may have a width of not less than 7.5 feet and a length of not less than 15 feet for angle parking or 18 feet for parallel parking, provided that no more than 50 percent of the off-street parking spaces are so dimensioned. It is the intent of this provision to reduce the amount of paved area that is included in a Site Plan to provide no more parking spaces than would otherwise be provided if standard size spaces were used. (III-C.2, 3 and 5 amended - Art. 4 S.T.M. #3, October 27, 1981)

Amended

PURPOSE AND INTENT: To establish a compact business center which does not include noxious or land-expansive uses, is centrally located, and is designed primarily for pedestrian shoppers. Some multi-family dwellings may be included to provide economic viability to such center while adding to the housing stock of the community. The DM District is intended to apply only to the central business area in the vicinity of the intersection of Routes 135 and 27.

MULTI-FAMILY DWELLINGS IN THE DM DISTRICT: Multi-family dwellings, provided that: a. the Special Permit Granting Authority specifically determines that adequate provision has been made for off-street parking; b. all provisions of Section V-J are met to the satisfaction of the Special Permit Granting Authority. c. Habitable Rooms of multi-family dwellings may be located on the first floor of any structure in the DM district except on: - Main Street in its entirety, from West/East Central Street to North Avenue; - South Main Street from West/East Central Street to south boundary of DM district; - North Ave from North Main Street to Washington Street; - South Ave from Main Street to Clarendon Street; - Pond Street from South Main Street to the west boundary of the DM district; - East Central Street from Main Street to east boundary of DM district; - West Central Street from Main Street to west boundary of DM district - Common Street from South Main Street to Park Street; - Court Street in its entirely; - Park Street in its entirety; - Washington Street from East Central to North Avenue. As shown on Map III-E, 2(b)

Amended

DIMENSIONAL AND DENSITY REQUIREMENTS a. MINIMUM LOT DIMENSIONS: Area - 10,000 square feet; continuous frontage - 80 feet; depth - 120 feet. b. MINIMUM YARD DIMENSIONS:

Front Yard – fifteen (15) feet or any lesser amount by special permit provided that the SPGA finds that the following criteria have been met: Figure 1: Map III-E,2(b) i. Adequate sidewalk width is available to support the anticipated level of activity and usage; ii. the placement of the building is generally consistent with that of other buildings on the streets; and iii. the placement of the building supports a walkable pedestrian area.

Side Yard – Ten (10) feet where premises abut a residential district, otherwise none required.

Rear yard – Twenty (20) feet.

c. MAXIMUM PERCENTAGE BUILDING COVERAGE: (Includes any accessory building): 60 %. d. MAXIMUM HEIGHT OF BUILDING AND/OR STRUCTURES: Fifty (50’) feet. However, height may be as much as sixty (60’) feet if there are one or more existing buildings within 200 feet of the premises on a lot with frontage on the same side of the same street having a building height equal to the height of the proposed structure. For the purpose of the preceding clause only, the building height of existing buildings within 200 feet of the premises shall not include roof tanks and their supports, ventilating, air conditioning and similar building service equipment; steeples, chimneys, railings, skylights and other similar features of buildings; fixtures and equipment used for the wireless transmission and reception of radio signals, including but not limited to antennae, communication dishes and similar devices, monopoles, and lattice towers. No part of a building lying within twenty (20’) feet of a residential district boundary may exceed forty (40’) feet. e. MINIMUM HEIGHT OF BUILDINGS: Building height for any new building shall equal at least thirty (30) feet. f. OPEN SPACE REQUIREMENT PER LOT: Ten (10%) percent which is landscaped and at grade level; provided that any structure in existence on January 1, 1987 may be altered and improved without increasing the open space in existence on January 1, 1987. (Art 47 S.T.M. April 7, 1987)

Amended

DESIGN REVIEW BOARD

AUTHORITY AND SPECIFIC POWERS The Design Review Board shall review requests for sign permits, new construction, or any other exterior alterations or modifications to a building, with the exception of One-Family and Two- Family Dwellings that require a special permit or variance. It shall evaluate such requests based on Part D - Design Criteria of this section. All requests must be submitted to the Design Review Board prior to application to the Special Permit granting Authority or Permit Granting Authority. A written determination must be made within thirty (30) days after the filing of the application or such further time as the applicant may in writing allow. Its findings, along with any restrictions and/or conditions, shall be submitted in writing to the Special Permit Granting Authority or Permit Granting Authority. These comments may also be incorporated in the recommendations of the Planning Board to the Special Permit Granting Authority or Permit Granting Authority. All decisions and reports of the Design Review Board shall be advisory only.

Amended

DESIGN CRITERIA The Design Review Board shall review requests for Special Permits under this Section based on the following standards:

DESIGN GUIDELINES HANDBOOK The Design Review Board shall publish and make available to the public on request a booklet of guidelines based on the specific Design Criteria cited in Part D to effectuate the purposes of this Section.

Amended

Purpose and Intent To accommodate a variety of residential and non-residential uses, the CG district encourages a variety of building types while promoting redevelopment with a strong multi-modal streetscape and a physical form and design character that signals a transition to and from surrounding districts in relation to the Downtown Mixed Use (DM) district.

Use Regulations for CG Districts a. Projects within the CG district may include two or more uses as identified in the CG District in § III-A.2. Use Regulation Schedule. b. All projects within the CG district shall be subject to Site Plan Review under § VI-DD of this Bylaw. c. Projects with four or more new residential units shall comply with §V-J. d. Projects within the CG district may have more than one building per lot. e. Projects with frontage on East Central Street, North Main Street, and/or Union Street shall provide a minimum of 50 percent of the first floor for non-residential uses.

Design Review Board (DRB) The Design Review Board, established under Section III-E.4 of this Bylaw, shall in addition to and consistent with its authority and specific powers set forth in Section III-E.4.C provide a written recommendation to the Planning Board relative to the design of the project, in accordance with Section III-E.4.D.1-6

Review Standards and Procedures The Planning Board may adopt, and from time to time revise and amend, design standards and guidelines that will be applicable to all projects within the CG district. Such standards and guidelines shall be consistent with and promote the Purpose and Intent of the CG district.

Compliance Projects within the CG shall comply with this Section III.EE. Wherever a conflict exists between two sections, this Section III.EE shall prevail.

Amended

PURPOSE Open Space Residential Development (OSRD) is an alternative design option for the construction of residential neighborhoods that preserve open space, protect natural resources, diversify Natick’s housing stock, and enhance its aesthetic character. Further, the OSRD advances the goals and policies of Natick’s long range planning documents and the Open Space and Recreation Plan.

APPLICABILITY a. OSRDs shall be allowed by special permit with site plan review granted by the SPGA; b. All of the land must be in an RSA, RSB, or RSC Zoning District; c. Land may be a single parcel or contiguous parcels in one ownership throughout or consolidated under a Purchase and Sale Agreement having a total gross land area equal to: - Four (4) acres or more in the RSA district and RSC district, with a minimum of three

STRUCTURE TYPES AND LOT DESIGN a. Applicants are encouraged to include a mixture of building types, sizes, and styles within an OSRD to diversify the housing stock within Natick. Such a mixture may include Single- Family Dwellings, Two-Family Dwellings, Town Houses, and Cottage Dwellings and may be incorporated within the OSRD Special Permit. b. Residential units may range in size, but no more than twenty five (25) percent of units shall exceed twenty two hundred (2,200) square feet. Such unit size shall include the footprints of the first and second story (minus porches, decks, and balconies), plus garage space. c. Units may be placed on a common lot or on individual lots.

DETERMINATION OF RESIDENTIAL UNITS a. The unit density of an OSRD shall be determined based on a calculation derived from a land survey prepared and stamped by a professional land surveyor or engineer licensed in the Commonwealth of Massachusetts, which will be referred to herein as a Plan of Land. b. The Plan of Land shall show the existing conditions of the entire parcel of the proposed OSRD, including property boundaries; site topography at 2-foot contour intervals; physical features such as buildings, stone walls, historic features, and trees over 8 inch caliper; the locations and widths of any existing curb cuts; areas of travel such as driveways, parking areas, sidewalks, and paths; delineated wetland resource areas and vernal pools and associated buffer zones; and any easements or recorded restrictions. c. Accompanying the Plan of Land shall be a table prepared by and stamped by a professional land surveyor or engineer licensed in the Commonwealth of Massachusetts, that shows in square feet: total land area, delineated Wetland Resource Areas [except Riverfront Area], total flood plain area defined by the Federal Emergency Management Agency (FEMA) as Zone A or AE, vernal pool area with associated buffer, Non-Buildable Easement areas, Recorded Restriction areas, and priority habitat area of rare and endangered species.

d. The calculation for the number of units is as follows: Step 1: Total Land Area less the following: ● Delineated Wetland Resource Areas as defined by the Natick Conservation Commission [except Riverfront Area] and all areas defined by FEMA as Zone A or AE (1 percent Annual Chance of Flooding with or without Base Flood Elevation (BFE)) ● Vernal Pool Area with associated buffer zone as defined by the Natick Wetlands Protection Bylaw, including on-site buffer zone associated with Vernal Pool Area that may be located on adjacent off-site parcels. ● Non-Buildable Easement Area ● Recorded Restriction Area ● Priority or Estimated Habitat Area of Rare or Endangered Species ● Foot prints of structures that will remain as part of the OSRD The resulting net area will be considered the Preliminary Area. Step 2: Preliminary Area less fifteen (15) percent for roads and infrastructure shall be considered the Developable Area. Step 3: The Developable Area divided by fifty (50) percent of the Minimum Lot area of the underlying zoning district shall yield the maximum Number of Units that can be proposed for an OSRD.

PERMITTING PROCEDURE OSRDs will be reviewed under a two-part review process. a. Conservation Commission The Applicant shall seek an Order of Resource Area Delineation from the Conservation Commission for the entire parcel of the proposed OSRD or shall submit a statement prepared and signed by a registered professional engineer or wetland scientist stating that no such resources areas exist on the parcel. If required, the applicant shall also seek a Stormwater Management Permit from the Conservation Commission. b. Planning Board The Planning Board shall review an OSRD project by Special Permit and Site Plan Review, in accordance with the provisions of § VI-DD of this Bylaw. The Planning Board shall adopt additional application requirements, review and approval procedures, and design guidelines to effectuate the implementation of this Section of the Bylaw.

Amended

DIMENSIONAL REGULATIONS a. Individual lots within an OSRD Project shall be a minimum of five-thousand (5,000) square feet in area. b. Proposed structures, driveways, and roadways shall be located a minimum of fifteen

OFF-STREET PARKING a. A minimum of one exterior parking space per residential unit shall be provided. b. A minimum of one parking space per every three dwelling units shall be provided for visitor parking. Unless the SPGA finds that internal roadways can manage on-street parking to satisfy such visitor parking requirement.

OPEN SPACE AND PRESERVATION a. Preserved Open Space A minimum of thirty-five (35) percent of the Preliminary Area, shall be set aside as Preserved Open Space with seventy-five (75) percent of such area being contiguous upland area. The Preserved Open Space can be connected and/or located on two sides of a non-buildable easement. Such area shall be permanently protected, and to the extent feasible, meet the conservation goals of Natick’s long range plans and the Town’s Open Space and Recreation Plan, as amended. b. Preservation Requirements Each OSRD Project is expected to preserve and maintain natural features, native trees over eight (8) inches in diameter, habitat areas, and sloped areas. Where possible, development should be sited to preserve and maintain mature native trees and the critical root zone. Meadow and field maintenance and/or trail construction and maintenance may be required through a Homeowners Association or Trust. c. Open Space Restriction The entire Preserved Open Space area shall be placed under a Conservation Restriction (CR), Agricultural Preservation Restriction (APR), or acceptable deed restriction, which shall protect the Preserved Open Space in perpetuity. Such restriction shall be drafted, approved, and recorded prior to the issuance of the first occupancy permit at the expense of the Applicant. The Applicant may opt to gift the Town or local non-profit the Preserved Open Space.

INCLUSIONARY HOUSING An OSRD shall comply with § V-J. for the creation of affordable units.

WAIVERS The Planning Board may waive strict compliance with provisions of this § III-F, by a four- fifths (4/5) vote if it is found that the granting of such a waiver will benefit the neighborhood in which the OSRD is located; result in the preservation or enhancement of the natural environment; or yield a superior design in terms of location of building sites, alignment of roadways and driveways, layout and location of parking, pedestrian and bicycle access and circulation, location of open space and recreational facilities, and other related and similar considerations.

PERMITTED USES; SITE PLAN REVIEW: Use Nos. A1, A3, B7, and H6 as set forth in §III-A.2 (USE REGULATIONS SCHEDULE) shall be permitted as a matter of right in the HM-III District. The following additional uses may be allowed upon the issuance of a Special Permit by the Planning Board, subject to § VI-DD of this Bylaw: a. Business or professional office or agency, bank or other financial institution; b. Hotel or motel; c. Administrative office clerical office, statistical office, or establishment for research and development; d. Professional or commercial service establishment dealing directly with the general public: e. Business training centers; f. Retail and wholesale sales including garden shops, open storage, restaurants which do not serve alcoholic beverages, and vehicle service centers which do not sell gasoline or diesel fuel. g. The serving of food and-or beverages, with or without accompanying entertainment, on the premises of a hotel, including, without limitation, all restaurant, cocktail lounges, room service facilities, meeting and function rooms on said premises; h. Off-street parking and other accessory uses normally incidental to the permitted uses. i. Wireless Communications Facility, including only a BMWCF, an AWCF, and co-locating a WCF on an existing free standing monopole or lattice tower. j. Creative Production, where all noise, smoke, dust, odor, vibration or similar objectionable features generated are minimized and confined to the premises to the extent feasible.

Amended

INTENSITY REGULATIONS: Permitted Use. Nos. 1, 3, 5 and 9 as set forth above shall conform to the Section IV-B Intensity Regulations for the RSA Zoning District. The following intensity regulations shall apply to the uses permitted upon Site Plan Review and subject to the issuance of a Special Permit as provided above, in lieu of the intensity regulations set forth in Section IV-B; and in addition the requirements of Section IV-A.5 shall apply. (Art 11, 1991 Fall A.T.M.; Art. 10, S.T.M. #1 January 21, 1992) a. MINIMUM AREA AND FRONTAGE FOR SUBMISSION OF A FINAL SITE PLAN: A tract of land either in the same ownership or separately owned and joined together for purposes of this Section, must have in the aggregate an area of 200,000 square feet and a minimum frontage of 200 feet along the major highway or along a driveway or a subdivision road having a minimum paved width of 30 feet leading from the tract to the major highway as a prerequisite for development and site plan approval under this HM-III Zoning By-law. b. MINIMUM LOT AREA AND FRONTAGE: Lots may be created in accordance with Subdivision Control law and final site plan approval may be given individually to lots existing or created by subdivision, which have an area of 100,000 square feet and 100 feet of frontage provided they are within an overall tract of land which complies with the Minimum Area and Frontage requirements of Sub-Section (a), and which lot or lots form part of an overall site plan submitted for approval as to a portion of the parcel containing such lot or lots. c. MINIMUM LOT DEPTH: 200 feet d. MINIMUM FRONT SETBACK OF BUILDINGS: No buildings shall be located closer than 100 feet to the front line of the entire parcel. For this purpose the front line shall be the portion of the entire parcel abutting the major highway. e. MINIMUM SIDE AND REAR SETBACKS OF BUILDINGS: No buildings shall be located closer than 100 feet to the side or rear lines of the entire parcel. Where the parcel abuts residentially zoned land the setback of a building shall be no less than two (2) times the height of such structure, but not less than 100 feet. However, notwithstanding the foregoing, where the parcel abuts other non-residentially zoned or used land the side or rear building setback so abutting such land shall be not less than fifty (50') feet. There shall be excluded from the computation of such setback or yard depth, protrusions for staircases, ramps, and other facilities required by law for the safe use of the structure. f. MAXIMUM BUILDING COVERAGE: Fifty per cent including accessory buildings. g. MAXIMUM HEIGHT OF BUILDINGS: Seventy-five feet. h. BUFFERING REQUIREMENTS: A strip of landscaped buffer area at least one hundred and fifty (150) feet in width shall be maintained at side and rear boundaries of that portion of the land situated in Natick abutting single-family residentially zoned land which was not, on January 1, 1992, developed or used for hotel, motel or other commercial uses. Said buffer area shall be free of driveways, parking areas and buildings but may include terraces, retaining walls, berms, plantings, fences, drainage facilities and utilities. Where the side and rear boundaries of the entire tract of land abut non-residentially zoned or used land a landscaped buffer area at least ten (10') feet in width shall be maintained. Landscaping requirements for such buffer strip shall be not less than those provided in Section IV-B(x) of these By-laws. However, the Planning Board may provide for additional tree and-or understory plantings, fencing, berms, or any combination thereof which serve to adequately screen the uses on the parcel from surrounding residential uses; and such trees so required shall not be spaced closer than 15 linear feet and shall not be required to be taller than 12 feet when planted. Where the topography requires, buildings shall be so sited as to minimize their being visible from drainage channels ponding areas, pedestrian, vehicular and utility installations. ; i. GARAGES AND PARKING: Garages may be used for indoor storage of motor vehicles. Where roof parking is desired, all vehicles shall be screened laterally by a suitable parapet wall, and roof lighting shall be screened laterally. For the purpose of this HM-III district, and notwithstanding any other provision of these By- laws, an off-street parking space may have a width of not less than 7.5 feet and a length of not less than 15 feet for angle parking, or 18 feet for parallel parking, provided that not more than 50 per cent of the off-street parking spaces are so dimensioned. It is the intent of this provision to reduce the amount of paved area that is included in a Site Plan to provide no more parking spaces than would otherwise be provided if standard size spaces were used.

Amended

PURPOSE AND INTENT: Within the purposes expressed in Section 1-A and in the General Laws Chapter 40A, the particular intent of these By-laws relating to HPU Districts is to provide for large-scale development of various commercial uses in a manner that provides flexibility for creative land planning on large parcels of land that are surrounded by One-Family Dwelling development, but that have frontage along a major four lane divided highway.

Amended

USES:

INTENSITY REGULATIONS

Location. Location of any new WCF shall be in a technically suitable space available on an existing communications tower, or on or in an existing building or structure, either as a first installation or as a co-location, within the geographic area that the new WCF site is to serve. The applicant shall include in its application a description of its efforts in this regard, which as a minimum provides information that less visually obtrusive sites have been considered as part of the site selection process for potential sites, such as church steeples, street lights, clock towers, electric transmission towers, water tanks, and rooftops.

Free-Standing WCF. Should the applicant desire to locate a new FSWCF, after exhausting all opportunities for location on or in an existing building or structure, or on an existing tower, then the applicant must seek to locate such new FSWCF in areas where it is permitted under this Bylaw.

Finding. Before issuing a Special Permit for a free standing WCF, the Planning Board must make a finding that all existing or approved WCF facilities cannot technologically accommodate the WCF requested, or evidence has been received that permission to locate on such facilities has been denied by the owner thereof, a copy of which has been submitted electronically to the Planning Board.

Amended

Height. The maximum Height of a Free-Standing WCF Structure shall be 125 feet.

Setback. A Free-Standing WCF shall be set back a minimum distance of 125 feet from any property line on the lot on which it is located, and shall not be located closer than 200 feet to any residence or to any structure accessory to such residence. No setback requirements shall apply to Building Mounted WCF’s, to Indoor WCF’s, to accessory WCF’s or to ground mounted WCF’s, provided however that the dimensional and intensity requirements of the underlying zoning district shall continue to apply to the building or structure in or on which the WCF is mounted.

4 - STANDARDS

Landscaping and Screening- Existing on-site vegetation shall be preserved to the maximum extent practicable. WCFs shall be located on the landscape or on a structure in such a manner so as to minimize visibility from abutting streets and residences. Additional landscaping or screening may be required, if necessary to accomplish minimizing visibility from abutting streets and residences while still permitting the WCF to carry out its functions.

Authorization by Property Owner- Applicants proposing to construct a WCF on land or structures, including Federal, State or municipally owned land or structures, shall provide evidence of authorization from the owner of such land or structure having the authority to extend such authorization and having control of such land or structures. Such evidence shall include a copy of the lease entered into between the applicant and the owner or Federal, State or Town Agency.

Fencing - Fencing shall be provided to control access to and to secure a free standing WCF site. Fencing in residential areas shall not be of barbed or razor wire material.

Signs - There shall be no signs, except for announcement signs, “no trespassing” signs and a required sign giving a phone number where the owner of the WCF can be reached on a twenty-four (24) hour, 7 days per week basis. All signs shall conform to the requirements of Section V-H.

Lighting - Lighting of the WCF shall be prohibited except as may be required by the Federal Aviation Administration (FAA). Notwithstanding the foregoing, lighting may be permitted to the extent that it is needed for emergencies.

Parking - There shall be a minimum of one (1) parking space for each WCF facility, to be used in connection with the maintenance of the facility and the site, and not to be used for the permanent storage of vehicles.

Utilities - All electric and other utility lines servicing a WCF, including network hard wire interconnections from the WCF, shall be via underground lines.

5 - EXEMPTIONS Facilities for the purposes set forth in M.G.L. c40A, Section 3, and the following types of WCF are exempt from the provisions of this Section III-H.

Amateur Radio Towers - Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission (FCC), provided that any tower employed is not used or licensed for commercial purposes. Household Uses - A device for customary household use such as a conventional chimney mounted television antenna, or a home satellite dish used in conjunction with a One- Family or Two-Family Dwelling.

Amended

Public Safety - Towers and antennas used exclusively for non-commercial, public safety purpose by a Town Agency. Provided, however, that a Town Agency may locate a commercial antenna or antennas on a public safety tower if authorized by special permit issued in accordance with this Section III-H. The addition of any such commercial antenna shall not require Site Plan Review.

6 - OPERATIONAL REQUIREMENTS

Amended

Expansion of Use - Any proposed extension in the height, addition of cells, antennae or panels, construction of a new WCF, or replacement of a WCF, shall be considered to be a change in a material respect of a previously issued Special Permit and approved site plan requiring a new application for an amendment or modification to the Special Permit in the same manner as provided for obtaining initial approval.

Annual Certification - Annual certification demonstrating continuing compliance with the standards specified in this Section III-H-4 and the standards of the FCC, FAA and the American National Standards Institute (ANSI), and compliance with required maintenance and any conditions of the Special Permit, shall be filed with the Building Inspector and the Planning Board by the Special Permit holder on or before January 1st of each year of operation.

Unused Facilities - All obsolete or unused WCF or parts thereof or accessory facilities and structures which have not been used for six (6) months shall be dismantled and removed at the owners expense within thirty (30) days after notification by the Building Inspector.

Security - The Planning Board may require as a condition of the issuance of a Special Permit an acceptable form of security to provide a performance guarantee for compliance with the requirements of the WCF Overlay District, to cover the costs needed to evaluate whether the WCF is still being used, and to remove unused facilities, and to restore the area to its original condition. Any amounts remaining from such security will be returned to facility owners after successful removal and restoration.

Expiration- Special Permits granted for a WCF shall be limited to a term of five (5) years but not to extend beyond the FCC license period granted to the Applicant. The Applicant may file to renew or extend its Special Permit, but must file for such renewal or extension when seeking a renewal or extension of its FCC license. This will allow periodic review by the Planning Board to evaluate permit conditions reflecting advances in knowledge, experience and technology so that improved technology may be substituted for that initially permitted hereunder.

Technology - A WCF monopole shall be designed to accommodate the maximum number of uses technologically practical. WCF equipment shall be downsized to the extent practicable, as technology advances. Such WCF equipment shall be removed when no longer needed to fulfill the current FCC license requirements.

New Owner - All conditions and requirements of the Special Permit issued hereunder, and all requirements of the Planning Board Rules and Regulations regarding WFCs shall be transferred to any new owner of a WCF site.

Purpose and Intent: To provide a residential environment that offers supportive services to individuals 55 years of age or older who are unable to live independently in the community by offering supervision and/or assistance with basic activities of daily life.

Applicability: The Planning Board, acting as Special Permit Granting Authority (SPGA), shall conduct review of an application for Special Permit and Site Plan Review, in accordance with § VI- DD of these Bylaws, for the construction of an Assisted Living Residence (ALR).

Amended

Allowed Uses: The Planning Board, as hereinafter provided, may grant a Special Permit and Site Plan Review pursuant to § VI-DD, of this Bylaw, and further under the following standards and requirements : a. An Assisted Living Residence (ALR) shall provide residences of no more than two (2) bedrooms each exclusively to meet the needs of seniors and the elderly together with their spouses, surviving spouses, and resident staff. b. Such facility may include common areas and community dining facilities, and may provide personal care services, activities of assistance with daily living, and other related programs and services. This may include, but is not strictly limited to, meal care services, beauty salon, sundry shop, and banking and recreational facilities. Space designated for accessory uses may not exceed ten (10) percent of total floor area. c. At the time of application, the Applicant must demonstrate to the satisfaction of the SPGA the feasibility of future conversion of the facility to a use permitted for the zoning district. d. The SPGA, in order to approve the applications for Special Permit and Site Plan Review for an ALR, must find that the overall impact of the facility will not substantially derogate from the cumulative impact associated with other uses allowed as a matter of right or by special permit within the zoning district.

Amended

Procedures: The procedures to be followed in obtaining approval for an Assisted Living Residence (ALR) are: a. RESERVED : b. Pre-application: The Applicant is encouraged to meet with the Director of Community and Economic Development and the SPGA prior to the preparation of a formal application, for general discussion of the project to be proposed. c. Formal application: The Applicant shall submit a plan for the overall development, including a final site plan showing the final completed development in all phases as contemplated on the site at the time of application, regardless of the number of phases in which it may be constructed. Said application shall include at a minimum a completely designed first phase of development. The application shall be filed in the name of the Applicant. The Applicant must either own or submit authorization in writing to act for all of the owners of the ALR parcel prior to submitting a formal application. The application for a Special Permit and Site Plan Review shall be filed by the applicant with the Town Clerk and a copy of said application, including the date and time of filing certified by the Town Clerk, shall be filed by the applicant with the SPGA. d. Further procedures: Once a decision for Special Permit and Site Plan Review is issued, no changes to the final site plan, exclusive of minor modifications as determined by the Planning Board, shall be made without applying for a modification, pursuant to § VI-DD.

Amended

Number of Living Units: The number of living units allowed in an Assisted Living Residence (ALR) shall not exceed 30 living units per acre (43,560 s.f.), subject to the intensity regulations pertinent to the respective Zoning District, as set forth in § IV-B.

Amended

Intensity Regulations: The Assisted Living Residence (ALR) is subject to the intensity regulations pertinent to its zoning district, as set forth in Section IV-B

Preserved Open Space: It is desirable that open space that is created for use in conjunction with the facility is retained as a visual amenity for neighbors and to residents of the Town.

Affordability Requirements: Unless a determination has been made satisfactory to the SPGA that the living units of the ALR do not affect the Town’s Statutory Minima or the Town’s Computation of Statutory Minima as defined and/or set forth in 760 CMR 56 and as maintained by the Commonwealth of Massachusetts Executive Office of Housing and Livable Communities (EOHLC)), the Applicant shall be subject to and comply with all provisions of § V-J of this Bylaw.

Amended

Modifications and Waivers: The SPGA may modify and/or waive strict compliance with one or more of these requirements, regulations, and objectives set forth in this Section, in accordance with Section V-E.

Amended

have at least 50,000 square feet and no more than 150,000 square feet of Net Usable Land Area, and

located to: a. have continuous frontage located within 400 feet of an AP District on the same side of the street as the AP District, not be within 800 feet of a Smart Growth Overlay (SGO) zone, and not be within 200 feet of a Commercial II (C-II) zone or b. (Reserved For future Eligibility Criteria for Other Locations) and

have a lot depth of at least 220 feet measured from the shortest distance measured along the side lot lines from the lot front and lot rear property lines. Net Usable Land Area as used herein shall mean the area within the parcel to be used for the ISLF Development in accordance with this Section remaining after subtracting the areas of any bodies of water, wetland, or land lying within the 100 year flood elevation from the gross area of the parcel to be used for Elderly Family residential use and open space. The flood plain and wetlands maps and aerial surveys adopted as official maps by the Planning Board from time to time shall be used to determine areas of water, 100-year flood plain elevations, and wetland boundaries. Notwithstanding the foregoing, the calculation of Net Usable Land Area shall be subject to a maximum limit not to exceed 80% of overall parcel size inclusive of the areas of any bodies of water, wetland, or land lying within the 100 year flood elevation. For the purposes of this paragraph, wetlands shall not include any area that was created or converted into a wetland by human activity including without limitation Federal, State or municipal improvements. Net Usable Land Area may include any area of a parcel that is zoned Residential Single.

2.3 Allowed Uses. All of the uses allowed in the underlying zoning district shall continue to be allowed within the ISLOOP. All of the regulations applicable to the underlying zoning district shall continue to apply in the ISLOOP except to the extent that they are specifically modified or supplemented by other applicable provisions of the ISLOOP. Elderly Family Residences and Independent Senior Living Facilities shall be allowed by Special Permit in the ISLOOP. 2.4 Standards. The Planning Board may grant an ISLOOP Special Permit and conduct Site Plan Review per the Findings and Criteria set forth in § VI-DD, in addition to specific ISLOOP standards as follows ::

The ISLF shall provide residences (living units) of no more than two bedrooms each exclusively to meet the needs of seniors in Elderly Family Residence dwelling units.

Such facility may include common areas and community dining facilities. Such facility may also provide accessory personal care services, activities for residents, and other related programs and services. These accessory uses shall be for residents, their guests and staff only and may include, but are not strictly limited to, meals, personal care services, beauty salon, sundry shop, and banking and recreational facilities. Space designated for accessory uses may not exceed ten (10) percent of total floor area.

The SPGA, in order to approve the special permit application, must find that the overall impact of the facility will not substantially derogate from the cumulative impact associated with other uses allowed as a matter of right or by special permit within the zoning district. In addition, the SPGA, in order to approve the site plan review application, must find that: i) all noise, smoke, dust, odor, vibration and similar objectionable features are confined to the premises, ii) mechanical equipment (including equipment and containers such as, but not limited to, waste disposal, recycling and energy generation) are screened, if necessary, in a manner to shield visual impacts; iii) lighting is shielded in a manner consistent with § V-I of this Bylaw to reduce light trespass onto abutting properties or waterways; iv) paint colors and tones of materials be muted and not create visual distraction; v) design standards be consistent with a) the general neighborhood, b) prevalent streetscape, c) nearby historic districts, if any, within 300 feet of the property, and sighting shall reduce disruption of the topography of the neighborhood and d) barrier free design criteria; vi) buffers of native evergreen trees and other plants shall be planted, maintained and replaced when necessary to screen the facility from adjacent residential buildings; vii) parking, access and buffers are placed in a manner to separate or to screen parking areas from abutting properties to prevent imposition on or use of parking on abutting properties; viii) all utilities, wire, and cable service are placed underground.

Amended

As part of the Special Permit process, the SPGA shall require a covenant, consistent with the requirements of MGL c. 184, § 26, to be recorded at the registry of deeds restricting the units in the ISLF to be available to and occupied by only persons specified within the requirements of the definition of Elderly Family Residences.

2.5. Intensity Regulations: Any building erected pursuant to the provisions of this ISLOOP district shall be subject to the following intensity regulations and requirements:

Amended

Maximum Unit Density: The number of units allowed in the ISLF shall be equal to the Net Usable Land Area divided by 2,100 rounded to the nearest whole number.

Maximum Building Height: 2 and ½ stories or 35 feet

Minimum Setbacks: a. Front yard setback: 40 feet; or a distance that is no less than the average setback of the buildings that are located on the same side of the street of the subject parcel, within 450 feet of the subject parcel provided that the SPGA makes a specific finding in writing that the reduced setback results in a substantially better design. b. Rear yard setback: 40 feet c. Side yard: 30 feet

Amended

Maximum Building Coverage: 25% of Net Usable Land Area

Width and Additional Setbacks: Not withstanding any other provision to the contrary, no new building shall be permitted on any portion of a parcel having a width less than one half of the square root of the Net Usable Land Area. Both the main entrance to the building and a minimum of 40% of the width of the building, as measured across the front yard, shall be located at least 80 feet back from the front line of the parcel. The SPGA may allow a setback of less than 80 feet for the main entrance to the building and the minimum of 40% of the width of the building, in an amount no greater than the difference between 40 feet and the lesser Front Yard Setback, if the lesser Front Yard Setback is permitted as provided for in Section III-I.2.2.5.3.a provided that that the SPGA makes a specific finding in writing that the lesser setback results in a substantially better design.

Amended

Minimum Open Space: 35% of land area exclusive of any permanent body of water but inclusive of wetlands

Minimum Parking: One space per unit

Minimum Continuous Frontage: 120 feet

Sky Exposure Plane: The roof of the building may not project beyond a sky exposure plane determined from a line 10 feet in from and parallel to the lot frontage line in a rise:run ratio of 0.50:1.00 00 or to such lesser amount as may be necessary to allow for a Front Yard Setback of less than 40 feet as provided for in Section III-I.2.2.5.3.a provided that that the SPGA makes a specific finding in writing that the lesser Sky Exposure Plane results in a substantially better design.

2.6 Affordability Requirements: The Applicant shall make provisions for affordable housing by complying with all the requirements of Section V-J. The provisions of this section may be satisfied, at the option of the Applicant, by providing for the maintenance and monitoring of a 10% affordability requirement of the total units in an ISLF instead of the designation and restriction of particular specific units within an ISLF if such ISLF is composed entirely of rental units. 2.7 Procedures. In addition to the process set forth in sections VI-DD and VI-EE, the following procedures are to be followed in obtaining approval for an ISLF:

Amended

Pre-application: The Applicant is encouraged to meet with the Director of Community and Economic Development and the SPGA prior to the preparation of a formal application, for general discussion of the project to be proposed.

Formal application: The Applicant shall submit a plan for the overall development, including a final site plan showing the final completed development in all phases as contemplated on the site at the time of application, regardless of the number of phases in which it may be constructed. Said application shall include, at a minimum, a completely designed first phase of development. The application shall be filed in the name of the Applicant. The Applicant must either own or submit authorization in writing to act for all of the owners of the ISLOOP parcel prior to submitting a formal application. A complete special permit application shall be filed electronically with Community and Economic Development through the Town’s online permitting portal.

Amended

Further procedures: Once a special permit is issued, no changes to the final site plan, exclusive of minor modifications as determined by the SPGA, shall be made without applying for a modification of such special permit.

2.8 Bonus Density and Open Space Public Benefit Amenities Notwithstanding anything else to the contrary, the SPGA may grant additional density or intensity if the Applicant provides an Open Space Public Benefit Amenity in the form of 1) public trails, 2) trails or walkways which create additional access to existing municipal facilities or 3) public parks. Public parks shall not be less than i) 100 feet in minimum width and ii) 10,000 square feet in Net Usable Land Area. For the purposes of this section, an Open Space Benefit Amenity obtained or granted under this section may, at the discretion of the SPGA, permit the ISLF to provide transportation services for ISLF residents, by the use of an electric motorized golf cart type conveyance on the portion of public trails and/or walkways located on the parcel. The maximum increase in density allowable shall be the number of units calculated as the land area in square feet of the Open Space Public Benefit Amenity divided by 800 rounded to the nearest whole number. Any Open Space Public Benefit Amenity shall not be considered when measuring setbacks. 2.9 Modifications and Waivers The SPGA may modify and/or waive strict compliance with one or more of these requirements, regulations, and objectives set forth in this Section, in accordance with Section V-E.

The ALR shall provide residences (living units) of no more than two bedrooms each exclusively to meet the needs of seniors and the elderly who reside therein.

Such facility may include common areas and community dining facilities. Such facility may also provide accessory personal care services, assistance with activities of daily living, and other related programs and services. These accessory uses shall be for residents, their guests, and staff only and may include, but are not strictly limited to, meal care services, beauty salon, sundry shop, banking and recreational facilities. Space designated for accessory uses may not exceed ten (10) percent of total floor area.

The SPGA, in order to approve the special permit application, must find that the overall impact of the facility will not substantially derogate from the cumulative impact associated with other uses allowed as a matter of right or by special permit within the zoning district. In addition, the SPGA, in order to approve the site plan review application, must find that: i) all noise, smoke, dust, odor, vibration and similar objectionable features are confined to the premises, ii) mechanical equipment (including equipment and containers such as, but not limited to, waste disposal, roof top and ground mounted HVAC units, recycling and energy generation) is screened, if necessary, in a manner to shield visual impacts; iii) lighting is shielded in a manner consistent with § V-I of this Bylaw to reduce light trespass onto abutting properties or waterways; iv) paint colors and tones of materials be muted and not create visual distraction; v) design standards be consistent with a) the general neighborhood, b) prevalent streetscape, c) nearby historic districts, if any, within 300 feet of the property, and sighting shall reduce disruption of the topography of the neighborhood and d) barrier free design criteria; vi) buffers of native evergreen trees and other plants shall be planted, maintained and replaced when necessary to screen the facility from adjacent residential buildings; vii) parking, access and buffers are placed in a manner to separate or to screen parking areas from abutting properties to prevent imposition on or use of parking on abutting properties; viii) all utilities, wire, and cable service are placed underground.

2.7 Affordability Requirements: Unless a determination has been made satisfactory to the SPGA that the living units of the ALR do not affect the Town’s Statutory Minima or the Town’s Computation of Statutory Minima as defined and/or set forth in 760 CMR 56 and as maintained by the Commonwealth of Massachusetts Department of Housing and Community Development (DHCD), the Applicant shall make provisions for affordable housing by providing that ten (10) percent of all dwelling units, rounded to the next highest whole unit number, within an ALOOP shall be Affordable Housing units. 2.8 Procedures. In addition to the process set forth in Sections VI-DD 2A and VI-DD 2B, the following procedures are to be followed in obtaining approval for an ALR:

Amended

Pre-application: The Applicant is encouraged to meet with the Director of Community and Economic Development and the SPGA prior to the preparation of a formal application, for general discussion of the project to be proposed.

Formal application: The Applicant shall submit a plan for the overall development, including a final site plan showing the final completed development in all phases as contemplated on the site at the time of application, regardless of the number of phases in which it may be constructed. Said application shall include, at a minimum, a completely designed first phase of development. The application shall be filed in the name of the Applicant. The Applicant must either own or submit authorization in writing to act for all of the owners of the ALOOP parcel prior to submitting a formal application. A complete special permit application shall be filed electronically with Community and Economic Development through the Town’s online permitting portal.

Amended

Further procedures: Once a special permit is issued, no changes to the final site plan, exclusive of minor modifications as determined by the SPGA, shall be made without applying for a modification of such special permit.

Art. 34, Spring ATM, 4/10/2018)

Purpose. The purpose of this Section III-J is:

To encourage the preservation and continued use of buildings of historic or architectural significance.

To protect the existing character of neighborhoods by the adaptive re-use of such buildings or structures.

Applicability. The Special Permit Granting Authority (“SPGA”) may grant a special permit for re-use, construction, and occupancy of buildings, and structures relating to qualifying buildings, if either of the following criteria are met:

Determination by the State Historical Commission that the building or structure is eligible for nomination on the National Register of Historic Places, or is already included in such.

Unanimous vote of the Natick Historical Commission, subsequent to a public hearing, that the building or structure is of historic, architectural or cultural significance.

Permitted Uses. Any use permitted as a matter of right or under a special permit in the District as set forth in the Table of Use Regulations may be undertaken on a parcel to which this Section III-J is to be applied; however, the SPGA may grant a special permit to allow the following additional uses, subject to and consistent with the provisions of Section V-J:

Amended

Town Houses;

Multi-family Dwelling ;

Amended

Home Occupation ;

Amended

Performing arts training and education, including dance, circus arts, and creative movement. This use includes ancillary student performances and exhibitions.

Amended

Jurisdiction. Where the proposed uses of a parcel in any district under this Section would require obtaining a special permit, the Planning Board shall act as the SPGA.

Pre-Application Review. To promote better communication and to avoid misunderstanding, the applicant is encouraged, prior to preparation of a formal application, to meet with the SPGA and Community Development Director for general discussion, using the aquifer protection, soil survey, drainage, topographic and other data available from the Town.

Application.

The applicant for a Historic Preservation development project shall submit to the SPGA a formal application for a special permit and site plan review, which includes an Overall Development Plan, and is otherwise in compliance with Rules and Regulations especially established by the SPGA relative special permits and site plan review. The application shall be filed in the name of the record owner of the parcel to be developed. Date of application shall be the date when filing is made with the SPGA.

Special Permit; Procedures. In addition to the requirements of the Rules and Regulations of the SPGA, the following additional requirements shall apply: a. A fire prevention and fire suppression plan. b. Hazardous materials assessment, removal or remediation plan. c. Itemization of historic features and materials for preservation.

The applicant may request in writing a waiver of any of the foregoing requirements in paragraph 2, above, which request shall be communicated by the SPGA within three (3) business days of its receipt to the Board of Health, the Historical Commission and the Design Review Board (hereinafter, the "Advisory Bodies"). Unless one of the Advisory Bodies communicates its decision to require the materials sought to be waived, within twenty two

The SPGA shall provide copies of the application and all other submittals of the applicant within three business days of filing to the Advisory Bodies for their recommendations. A public hearing on the application for a special permit may not be held prior to twenty two (22) days following the filing of the application.

All reports of any of the Advisory Bodies, whether favorable or unfavorable, shall be retained in the official files of the SPGA regarding the related application for a special permit and shall be made available to the public.

Requirements. A Historic Preservation development project must conform to the following:

Number of Dwelling Units. The maximum number of dwelling units allowed shall equal the net useable land area of the parcel divided by 3,500 square feet, rounded to the nearest whole number. Net Useable Land Area as used herein shall mean the area remaining after subtracting the areas of any bodies of water, wetland, or land lying within the 100 year flood elevation from the gross area of the parcel.

Notwithstanding 7.1 the number of dwelling units allowed shall be limited by the ability to provide adequate off-street parking, in accordance with the requirements of Section V-D of these By-Laws.

New construction shall be limited to 10 percent of the interior habitable floor area or above grade gross volume of the historic building. This shall exclude aspects of construction that pertain to components required for code compliance for access and egress, such as stairs and elevators.

Intensity Regulations: Deleted

Amended

Flood Zones. No construction shall take place within the 100 year flood elevation except in conformity with the requirements and procedures established by the Town for such areas pursuant to the National Flood Insurance Program (42 USC 4001-4128) and the regulations of the Secretary of Housing and Urban Development issued thereunder.

Modification and Waivers. The SPGA may modify and/or waive strict compliance with one or more of these requirements, regulations, and objectives of the Districts in which a Historic Preservation project is located, in accordance with Section V-E and provided further that such waiver and/or modification is necessary in order to encourage the preservation of the historic building. Art. 37, Spring ATM, 4/11/2017)

Special Permit Criteria. Approval of the application for a special permit to allow for a Historic Preservation project shall be granted only upon SPGA determination that the Plan is superior to a conventional site development. The following criteria shall be used to make the determination as to whether or not the plan is superior:

The proposed project substantially preserves the building or structure.

Determination that the development is not substantially more detrimental to abutting properties and neighborhood.

Appropriate use of materials and manner of construction.

Preservation of landscape features and scenic views.

Purpose. In addition to Section 100, the purpose of this Section is to regulate the time, place and manner of Adult Use Marijuana Establishments. The zoning will serve to preserve the character of the community and create a place for the public to have access to legal marijuana while mitigating community impact. This Bylaw shall provide regulations and criteria that will support the public’s right to access legal marijuana, protect the public health, safety, and well-being and expand new growth for the tax base.

Relationship to underlying districts and regulations 2.1 The Adult Use Marijuana Overlay Districts shall overlay all underlying districts so that any parcel of land lying in an Adult Use Marijuana Overlay District shall also lie in one or more of the other zoning districts in which it was previously classified, as provided for in this Zoning Bylaw. 2.2 All regulations of the underlying zoning districts shall apply within the Adult Use Marijuana Overlay Districts, except to the extent that they are specifically modified or supplemented by other provisions of the applicable Adult Use Marijuana Overlay District.

Scope. This Section III-K relates only to Marijuana Establishments authorized by General Laws, Chapter 94G, and not to Registered Marijuana Dispensaries authorized by General Laws, Chapter 94I; the location and operation of which is governed by Section III.323.8 of these Bylaws, nor to marijuana-related businesses not required to be licensed by Chapter 94G, except as otherwise provided for herein.

Definitions. The terms used herein shall be interpreted as defined in the regulations governing Adult Use of Marijuana (935 CMR 500.00) and otherwise by their plain language, and shall apply only to this Section III-K. Commission: The Cannabis Control Commission established by M.G.L. c.10, s.76 with authority to implement the state marijuana laws, including, M.G.L. c.94I, and M.G.L. c.94G, and all related regulations, including 935 CMR 500.00, 935 CMR 501.00 and 935 CMR 502.00 . Craft Marijuana Cooperative: A Marijuana Cultivator comprised of residents of the Commonwealth and organized as a limited liability company, limited liability partnership, or cooperative corporation under the laws of the Commonwealth. A cooperative is licensed to cultivate, obtain, manufacture, process, package and brand marijuana or marijuana products and to transport marijuana to Marijuana Establishments, but not to consumers. Delivery Courier: An entity licensed by the Commission to deliver marijuana products from a licensed marijuana retailer to customers. A delivery courier is not authorized to actually sell marijuana products to consumers—only to deliver from retailers, who make the sales themselves. Delivery Operator: An entity licensed by the Commission to purchase marijuana products at wholesale, to warehouse the products, label them (but not repackage them), sell them and deliver them. It may not operate a storefront retail operation; all sales must be through delivery. Hemp: The plant of the genus Cannabis or any part of the plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis of any part of the plant of the genus Cannabis, or per volume or weight of cannabis or marijuana product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus Cannabis regardless of moisture content. Host Community Agreement: An agreement, pursuant to M.G.L. c.94G, s.3(d), between a Marijuana Establishment and a municipality setting forth additional conditions for the operation of a Marijuana Establishment, including stipulations of responsibility between the parties. Independent Testing Laboratory: A laboratory that is licensed by the Commission in accordance with 935 CMR 500.00 Manufacture: To compound, blend, extract, infuse or otherwise make or prepare a marijuana product. Marijuana Cultivation: The use of land and/or buildings for planting, tending, improving, harvesting, processing and packaging, preparing and maintaining soil and other media and promoting the growth of marijuana by a marijuana cultivator, micro-business, research facility, craft marijuana cultivator cooperative, registered marijuana dispensary or other entity licensed by the Commission for marijuana cultivation. Such use is not agriculturally exempt from zoning. Marijuana Cultivator: An entity licensed by the Commission to cultivate, process and package marijuana, to transfer marijuana to other Marijuana Establishments, but not directly to consumers. A Craft Marijuana Cooperative is a type of Marijuana Cultivator. Marijuana Establishment: A Marijuana Cultivator, Craft Marijuana Cooperative, Marijuana Product Manufacturer, Marijuana Retailer, Independent Testing Laboratory, Marijuana Research Facility, Marijuana Transporter, or any other type of licensed marijuana-related business, except a Medical Marijuana Treatment Center (Registered Marijuana Dispensary). Marijuana Microbusiness: A Marijuana Establishment that can be either a Marijuana Cultivator or Product Manufacturer or both, licensed in accordance with the requirements of 935 CMR 500.00. Marijuana Products: Marijuana and its products unless otherwise indicated. These include products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures. Marijuana Product Manufacturer: An entity licensed to obtain, manufacture, process and package marijuana or marijuana products and to transfer these products to other Marijuana Establishments, but not directly to consumers. Marijuana Retailer: An entity licensed to purchase and transport marijuana or marijuana product from Marijuana Establishments and to sell or otherwise transfer this product to Marijuana Establishments and to consumers. Retailers are prohibited from delivering marijuana or marijuana products to consumers and from offering marijuana or marijuana products for the purposes of onsite social consumption on the Premises of a Marijuana Establishment. Third Party Marijuana Transporter: An entity, that is licensed to purchase, obtain, and possess marijuana or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to Marijuana Establishments, but not directly to consumers. Premises: Any indoor or outdoor location over which a Marijuana Establishment or its agents may lawfully exert substantial supervision or control over entry or access to the property or the conduct of persons. Process or Processing: To harvest, dry, cure, trim and separate parts of the marijuana or marijuana plant by manual or mechanical means, except it shall not include manufacturing of marijuana products as defined in 935 CMR 500.002. Marijuana Research Facility: An entity licensed to engage in marijuana research projects by the Commission.

Amended

Place. 5.1 A Marijuana Establishment is only permitted by Special Permit issued by the Planning Board as the Special Permit Granting Authority (SPGA) only in the Industrial Marijuana Overlay (IMo) and the Retail Marijuana Overlay (RMo) zoning districts as specified in the Marijuana Establishment Use Regulation Schedule below, and as follows: Craft Marijuana Cooperatives, Delivery Courier, Delivery Operator, Marijuana Cultivators, Marijuana Microbusinesses, Marijuana Product Manufacturers, Independent Testing Laboratories, Marijuana Research Facilities and Third Party Marijuana Transporters are allowed to locate in the Industrial Marijuana Overlay (IMo) district. Marijuana Retailers are allowed in the Retail Marijuana Overlay (RMo) district. 5.2 Marijuana Establishment Use Regulation Schedule

Marijuana Establishment Uses IMo RMo RG RM RS PCD SH AP DM HM HPU LC CII INI INII H Craft Marijuana Cooperatives SP N N N N N N N N N N N N N N N Delivery Courier SP N N N N N N N N N N N N N N N Delivery Operator SP N N N N N N N N N N N N N N N Marijuana Cultivators SP N N N N N N N N N N N N N N N Marijuana Microbusinesses SP N N N N N N N N N N N N N N N Marijuana Product Manufacturers SP N N N N N N N N N N N N N N N Marijuana Research Facilities SP N N N N N N N N N N N N N N N Third Party Marijuana Transporters SP N N N N N N N N N N N N N N N Independent Testing Laboratories SP N N N N N N N N N N N N N N N Marijuana Retailers N SP N N N N N N N N N N N N N N Other Adult-Use Marijuana Establishments SP N N N N N N N N N N N N N N N Y = Permitted By-Right SP = Allowed by Special Permit N = Not allowed or permitted 5.3 No Marijuana Establishment shall be located within a building containing residential units, including transient housing and group housing. 5.4 No Marijuana Retailer shall be located within 500 feet of another Marijuana Retailer. Distance shall be measured by a straight line from the nearest point of the building in question to the nearest point of the building where the Marijuana Establishment is or will be located. 5.5 With the exception of a licensed Marijuana Transporter, no Marijuana Establishment shall be permitted to operate from a moveable, mobile or transitory location. 5.6 Home Occupation: Marijuana Establishments are not permitted as a Home Occupation, as defined within the Zoning Bylaw. 5.7 Use Variances: Not withstanding any other provision of this Bylaw, no use variances shall be allowed for any Marijuana Establishment in the Town of Natick.

Amended

Time and Manner. 6.1 Odor: No Marijuana Establishment shall allow the escape of odors or gases from the cultivation, processing, storage, or manufacturing of marijuana or marijuana products. Every Marijuana Establishment shall incorporate odor control technology, to the extent necessary, to ensure that emissions do not violate M.G.L c. 111, s. 31 C. 6.2 Signage: All signage shall comply with the requirements of 935 CMR 500, and Section V of this Zoning Bylaw. 6.3 Intentionally left blank. 6.4 Visual Impact: Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the Marijuana Establishment is located and Marijuana Establishments shall comply with the requirements of 935 CMR 500 with respect to visibility of marijuana and marijuana products. Any artificial screening device erected to eliminate the view from the public way shall also be subject to a vegetative screen and the SPGA shall consider the surrounding landscape and viewshed to determine if an artificial screen would be out of character with the neighborhood. 6.5 Nuisance: Marijuana Establishment operations shall not create nuisance conditions in parking areas, sidewalks, streets and areas surrounding the Premises and adjacent properties. “Nuisance” includes, but is not limited to, disturbances of the peace, excessive pedestrian or vehicular traffic, littering, loitering, illegal parking, loud noises, excessive citation for violations of State or local traffic laws and regulations, queuing of patrons (vehicular or pedestrian) in or other obstructions of the public or private way (sidewalks and streets). 6.6 Security: The applicant shall submit a security plan to the Police Department to demonstrate that there is limited undue burden on the Town public safety officials as a result of the proposed Marijuana Establishment. The security plan shall include all security measures for the site and transportation of marijuana and marijuana products to and from off-site locations to ensure the safety of employees and the public and to protect the Premises from theft or other criminal activity. A letter from the Natick Police Department to the Planning Board acknowledging receipt and approval of such a security plan shall be submitted as part of the Special Permit application. Safety plans should mitigate any potential harm to the employees and the public including ensuring all customers are at least 21 years of age.

Adult On-Site Social Consumption. 7.1 On-site consumption of marijuana and marijuana products, as either a primary or accessory use, shall be prohibited at all Marijuana Establishments unless permitted by a local ballot initiative process, as allowed by M.G.L. c.94G s.3(b). The prohibition of on-site social consumption shall include private social clubs or any other establishment which allows for social consumption of marijuana or marijuana products on the Premises, regardless of whether the product is sold to consumers on site.

Criteria for Issuance of Special Permit. 8.1 Host Community Agreement: No Special Permit shall be granted without first having an executed Host Community Agreement with the Town of Natick. 8.2 Community Outreach Meeting: No Special Permit application shall be deemed complete until a Community Outreach Meeting in accordance with 935 CMR 500 has occurred. 8.3 State Law: Marijuana Establishment operations shall conform at all times to M.G.L., c.94G, and regulations issued thereunder. 8.4 License requirements: 8.4.1 The applicant shall submit proof that the application to the Commission has been deemed complete pursuant to 935 CMR 500.102. Copies of the complete application, to the extent legally allowed, shall be provided as part of the application to the SPGA, and no Special Permit application shall be deemed complete until this information is provided. 8.4.2 No Special Permit shall be granted by the SPGA without the Marijuana Establishment first having been issued a Provisional License from the Commission pursuant to 935 CMR 500. 8.4.3 No person shall operate a Marijuana Establishment without having a license in good standing from the Commission. 8.5 Energy Use: All Marijuana Cultivators shall submit an energy use plan to the SPGA to demonstrate best practices for energy conservation. The plan shall include an electrical system overview, proposed energy demand, ventilation system and air quality, proposed water system and utility demand. 8.6 Line Queue Plan: The applicant shall submit to the SPGA a line queue plan to ensure that the movement of pedestrian and/or vehicular traffic along the public right of ways will not be obstructed. 8.7 Traffic Impact Statement: Any Marijuana Establishment open to the general public shall submit a detailed Traffic Impact Statement to the SPGA. 8.8 Parking: The Site Plan shall be in accordance with Section V-D Off-Street Parking and Loading Requirements 8.9 Permitting: The Planning Board shall be the Special Permit Granting Authority (SPGA). In addition to this Section, Marijuana Establishments, shall be subject to § VI-DD Special Permit and Site Plan Review of this Bylaw. A special permit granted under this Section shall have a term limited to the duration of the applicant’s control and/or use of the Premises as a Marijuana Establishment. A special permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special permit. 8.10 Hemp: For the purposes of this Bylaw, the cultivation of hemp shall require a Site Plan Review in accordance with §VI-DD.2 and comply with all applicable sections herein. 8.11 Notice of Enforcement Order: A Marijuana Establishment shall file notice with the Town Administrator, Director of the Health Department, Police Chief, and the Building Commissioner within 24 hours of receipt of any summary cease and desist order, cease and desist order, quarantine order, suspension order, revocation order, order limiting sales, deficiency statement, plan of correction, notice of a hearing, notice of any other administrative process or legal action, denial of a license, denial of a renewal of a license, or final action issued by a state agency (including, but not limited to, the Commission and Massachusetts Department of Public Health) regarding the Marijuana Establishment or the Marijuana Establishment’s Cannabis Control Commission license. 8.12 Annual Inspection: Any operating Marijuana Establishment within the Town shall be inspected annually by the Building Inspector, the Fire Chief, the Police Department, or their designee(s), to ensure compliance with this Section and with any conditions imposed by the SPGA as a condition of the Special Permit approval.

Amended

Severability. If any provision of this Section III-K is found to be invalid by a court of competent jurisdiction, the remainder of Section III-K shall not be affected but shall remain in full force. The invalidity of any provision of this Section III-K shall not affect the validity of the remainder of this Zoning Bylaw.

Amended

Purpose. The purpose of the District is to allow for indoor amusement and recreational uses by special permit.

Procedure & Standards. The SPGA may allow such uses by grant of a Special Permit and approval under Site Plan Review under the procedures and criteria established in MGL 40 A and the Special Permit and Site Plan Review sections of this by-law and provided the SPGA finds that: a. The building is so insulated and maintained so as to confine noise to the premises; and b. The building is located not less than one hundred feet from a residential district; and c. The indoor amusement and/or recreational uses shall be limited to a FAR of .10.

Amended

Uses prohibited in the MC, RCP and RC districts: III-A.2 Use Regulation Schedule

Salesroom for motor vehicles, trailers, boats, farm implements or machinery, with no repair services excluding used-car lots

Salesroom for motor vehicles, trailers, boats, farm implements, or machinery, with repair services and storage including used-car lots.

Repair garage for motor vehicles

Commercial parking lot or parking garage, filling or service station

323.1 General 323.1.1 The Highway Overlay Districts are herein established as overlay districts. The underlying zoning district permitted or allowed uses remain permitted or allowed. The underlying prohibited uses remain prohibited, unless specifically permitted by this Section 323. Any proposed development or alteration of a parcel within the Highway Overlay District must also comply with all applicable additional requirements of the underlying zoning regulations, as well as with the regulations of the Highway Overlay District. 323.1.2 Lots in a Highway Overlay District exclusively used or zoned for single or two family residential development are exempt from these regulations, regardless of the underlying Zoning Districts classification. 323.1.3 The MC Overlay District is an overlay district established in that area of Town which is already substantially developed for commercial purposes, but which may be further intensively developed so as to foster the implementation of significant infrastructure improvements within the Town and improve the Town’s tax base. 323.1.4 To the extent there is inconsistency between provisions of this By-Law applicable to the MC Overlay District and underlying district (including the RC District), the provisions applicable to the MC Overlay District shall govern. 323.1.5 All uses permitted or allowed in the underlying zoning districts (including the RC District) shall still be permitted or allowed respectively on land in the MC Overlay District. In addition, hotel and motel use (including serving of food and/or permitted beverages), as well as shopping mall use, shall be permitted in the MC Overlay District. “Shopping mall use” shall include those uses customary in shopping malls, e.g., Retail Stores, Personal Service Establishments, Restaurants, Indoor Recreational Facility, Indoor Amusement Facility, and entertainment uses , in multiple stores in a building or group of buildings containing no less than two (2) levels (each of which levels is principally devoted to selling or providing service or entertainment to customers), and in which access to the majority of stores is via an enclosed pedestrian mall or malls, and in which no less than thirty-five (35%) percent of the gross floor area leased to tenants is devoted to individual stores having a floor area of less than 15,000 square feet. Access drives and parking facilities serving such buildings, whether such facilities are below or above ground or below such buildings or in separate structures, located on the same lot or an abutting lot shall also be permitted as an accessory use to such shopping mall use. All uses that are allowed in the Table of Use, 27A. Administrative offices, clerical offices, statistical offices and establishments for research and development shall be permitted by special permit in the RC Overlay District. 323.1.6 Lots in a Highway Corridor (HC) district zoned for One-Family or Two-Family Dwelling residential development with frontage on Worcester Street may double the number of units permitted by the underlying zoning. Structures must comply to the Intensity Regulations Section IV-8 in the underlying zoning with the following exceptions: minimum lot depth shall be 90'and maximum building height shall be twenty-eight (28) feet. No detached structures are permitted on these properties. Under the provisions of this section, developers shall be required to contribute to the Town's stock of affordable housing. One affordable housing unit shall be provided on each lot developed under this section. Each such affordable housing unit shall contain at least two (2) or more bedrooms designed for family occupancy, and shall be substantially the same as the market rate units, as set forth in Section 11I-A.6; or in the alternative the developer may choose to make a gift in the amount of five percent (5%) of the sale price of all units to the Town of Natick for affordable housing purposes, all subject to the approval of the Special Permit Granting Authority. 323.1.7 The RCP Overlay District is an overlay district established in respect of land which, because of its location and an existing developed condition, can be redeveloped intensively for a combination of multi-family residential and commercial purposes without a material impact on natural resources and with financial and other benefits to the Town that will result in: An increase in the supply of affordable housing in the Town; Substantial contributions to the acquisition and preservation of open space; and Improvement of the infrastructure of the Town and the region as a whole. The RCP Overlay District shall not be restricted to be a residential district. 323.1.8 To the extent that there are inconsistencies between the provisions of this By- Law applicable to the RCP Overlay District and the underlying district (including the RC District and the MC Overlay District), the provisions applicable to the RCP Overlay District shall govern even if such provisions are more permissive in the RCP Overlay District than in underlying and other overlay districts. 323.1.9 All uses permitted or allowed in the underlying zoning districts (including the RC Overlay District and the MC Overlay District) shall be permitted or allowed respectively on land in the RCP Overlay District. The portion of a Regional Center Mixed-Use Development devoted to multi-family residential use shall be permitted only by Special Permit and Site Plan Review of the Planning Board granted under Section 320, § VI-DD.1 Special Permit, and § VI-DD.2 Site Plan Review. Such Special Permit may authorize the use of parking spaces located on other parcels in the Regional Center Mixed-Use Development to satisfy the parking requirements for buildings located on other parcels in the Regional Center Mixed-Use Development. The Planning Board shall have the authority to include in any such Special Permit conditions obligating the applicant to fund the reasonable cost of any special equipment or training that may be required for personnel of town departments to mitigate public-safety impacts of such multifamily residential use. The Planning Board shall also have the authority, by issuance of a special permit therefor, to allow the Affordable Housing Standard to be met through the use of offsite affordable units. The portion of a Regional Center Mixed-Use Development devoted to shopping mall use shall be permitted by Special Permit and Site Plan Review of the Planning Board granted under Section 320, § VI-DD.1 Special Permit, and § VI- DD.2 Site Plan Review.

323.2 Mixed-use Developments Mixed-use developments are specifically allowed in a Highway Overlay District to the extent that each individual use is allowed in the district. The provisions of Section 323.1.9, and not this section, shall be applicable to a mixed-use development, including the residential component, in a Regional Center Mixed-Use Development. 323.3 Certain Multi-family Residential Uses In the RC district, hotels, motels, Assisted Living Residences*, Elderly Family Residences* may be allowed by Special Permit granted by the Planning Board, subject to all requirements of the underlying district(s), and modified by the dimensional and other intensity regulations of Sections 324 and 326. Combinations of such residential and non-residential uses may also be allowed in the RC district, subject to the requirements of each individual use as set forth elsewhere in this Bylaw. (Art 5, S.T.M. #2, 10/10/2000; Art. 9, S.T.M. #2, 11/1/2016; Art. 11, S.T.M. #2, 11/1/2016; Art. 32, Fall TM 10/16/2018) The provisions of Section 323.1.9, and not this section, shall be applicable to a mixed-use development, including the residential component, in a Regional Center Mixed-Use Development. * Affordability Requirements: All development in a Highway Overlay District shall be subject to and consistent with the provisions of Section V-J unless a determination has been made satisfactory to the SPGA that living units of Assisted Living Residences and Elderly Family Residence do not affect the Town’s Statutory Minima or the Town’s Computation of Statutory Minima as defined and/or set forth in 760 CMR 56 as maintained by the Commonwealth of Massachusetts Department of Housing and Community Development (DHCD). 323.4 - Adult Uses Adult Uses shall be allowed in the RC district only upon the grant of a special permit by the Planning Board acting as the Special Permit Granting Authority (“SPGA”), subject to the following limitations: 323.41 Land in the RC district in which the underlying zoning is Highway Mixed Use III (HM-III) is specifically excluded. 323.42 The underlying zoning district permits a retail store use, or a variance has been issued permitting such retail store use, in the premises in which the proposed adult use is to take place. 323.43 The premises in which the proposed adult use is to take place is located a distance of at least three hundred (300’) feet from: the Town boundary line or a residential district zone boundary line; or from a church; or from: a public or private: school, park, playground or day care facility. 323.44 No premises containing an adult use shall be located within five hundred (500’) feet of any other premises containing an adult use. 323.45 No premises containing an adult use shall be located in any premises having a liquor license. 323.46 No special permit for an adult use shall be issued to any person convicted of violating the provisions of M.G.L., chapter 119, section 63, or of chapter 272, section 28. 323.47 The permitted adult uses described herein specifically excluded disseminating or offering to disseminate to minors materials which depict, describe or relate to nudity or sexual conduct as defined in M.G.L, chapter 272, section 31, or allowing minors to view live entertainment which includes the display of nudity. Permitting minors to view displays or linger in an area of the premises where such materials are located, or where such live entertainment is presented, shall be deemed evidence of violation of this action.” 323.48 No materials described in the definitions of adult uses in this Bylaw that depicts, describes or relates to nudity or sexual conduct as defined in M.G.L., chapter 272, section 31, shall be so located in or on the building housing such adult use which is visible to the public from the outside of the premises in which an adult use is permitted. No advertising, or other materials, whether displayed in the window or affixed to the building shall be permitted which depicts, describes or relates to nudity or sexual conduct as defined in M.G.L., chapter 272, section 31. 323.5 Prior existing Adult Uses Any adult use in existence prior to the adoption of this Section 323.5 shall apply for a special permit from that SPGA having jurisdiction, according to the SPGA designation provided for under Section VI-DD, within ninety days following the adoption of this Section. Special Permits issued under the Section 323.5 shall be subject to the following conditions: 323.51 The square footage in the premises occupied by the prior existing adult use, the percentage of revenues attributable to the display of live nudity and the percentage of the time devoted by a business to the provision of live entertainment for its patrons, which includes the display of live nudity, which exists as of the date that this Section 323.5 was adopted, shall not be permitted to be increased thereafter unless the adult use was in existence in the RC district. 323.52 The application for a special permit under this Section 323.5, in addition to complying with the requirements of the rules and regulations of the SPGA shall provide the following information: name and address of the legal owner of the premises; name and address of all persons having an equity interest in the adult use business being conducted on the premises; name and address of the manager of the adult use business; the number of employees, a plan of the premises showing the location of that portion thereof in which the adult use is taking place, i.e. square footage of floor space; information necessary to determine what percentage of the business inventory is represented by materials for sale, rental or display at any point in time which are distinguished or characterized by an emphasis on matter depicting, describing, relating to, or associated with, sexual conduct or sexual excitement as defined in M.G.L., chapter 272, section 31; the percentage of revenues attributable to the display of live nudity; and the percentage of the time devoted by a business to the provision of live entertainment for its patrons, which includes the display of nudity. 323.6 Savings clause: If any provision, clause, section or other part of Sections 323.4 or 323.5 shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of these Sections shall not be affected thereby, but shall remain in full force and effect. (323.4, 323.5 & 323.6, Art. 48, Spring A.T.M., 4/17/1997) 323.7 Wireless Communication Facilities In the Regional Center district or MC Overlay District, Wireless Communication Facilities, including FSWCF, BMWCF, IWCF AND ACWF, but excluding lattice towers, may be allowed by Special Permit granted by the Planning Board. 323.8 Registered Marijuana Dispensaries. 323.8.1 Purposes To provide for the establishment of Registered Marijuana Dispensaries in appropriate places and under conditions in accordance with the passage of Chapter 369 of the Acts of 2012, an Act for the Humanitarian Medical Use of Marijuana. See also Appendix Sections 1-1, et seq., to Chapter 94C of the Massachusetts General Laws. To minimize the adverse impacts of Registered Marijuana Dispensaries on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said dispensaries. To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of Registered Marijuana Dispensaries. 323.8.2 Applicability The commercial cultivation (unless it meets the requirements for an agricultural exemption under Chapter 40A, Section 3 of the Massachusetts General Laws), production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless allowed by special permit as a Registered Marijuana Dispensary under Chapter 40A, Section 9 of the Massachusetts General Laws and this Section 323.8. No Registered Marijuana Dispensary shall be established except in compliance with the provisions of this Section 323.8. Nothing in this By-Law shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs. 323.8.3 Definitions “Debilitating medical condition” shall mean cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis and other conditions as determined in writing by a qualifying patient’s physician. “Marijuana” shall have the same meaning given as “marihuana” in Chapter 94C of the Massachusetts General Laws. “Marijuana for medical use” shall mean marijuana that is designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions. Registered Marijuana Dispensary” shall mean a not-for-profit entity, as defined by Massachusetts law only, registered under Chapter 369 of the Acts of 2012, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies to qualifying patients or their personal caregivers. 323.8.4 General Requirements and Conditions 323.8.4.1 Registered Marijuana Dispensaries, other than agricultural operations meeting the requirements for an exemption under Chapter 40A, Section 3 of the Massachusetts General Laws, may be allowed in the RC District by special permit issued by the Planning Board provided that the Registered Marijuana Dispensary meets the requirements of this Section 323.8. 323.8.4.2 No Registered Marijuana Dispensary shall be located on land in the RC District in which the underlying zoning is Highway Mixed Use III (HM III). 323.8.4.3 No Registered Marijuana Dispensary shall be located within five hundred (500) feet of any other premises containing a Registered Marijuana Dispensary. 323.8.4.4 No Registered Marijuana Dispensary shall be located in any premises for which an alcoholic beverages license has been issued. 323.8.4.5 No Registered Marijuana Dispensary shall be located inside a building containing residential units, including One-Family Dwelling, Multi-Family Dwelling, and transient housing such as Boarding Houses or Hotels, or inside a movable or mobile structure such as a van or truck. 323.8.4.6 No Registered Marijuana Dispensary shall be located in a building that contains the office of any medical doctor or the office of any other professional practitioner authorized to prescribe the medical use of marijuana. 323.8.4.7 All Registered Marijuana Dispensaries shall be contained within a building or structure. 323.8.4.8 No Registered Marijuana Dispensary shall be located on a lot which is located within three hundred (300) feet of a Town of Natick boundary line, or a residential zoning district boundary line. 323.8.4.9 No Registered Marijuana Dispensary shall have a gross floor area of less than two thousand five hundred (2,500) square feet or in excess of twenty thousand (20,000) square feet. 323.8.4.10 The hours of operation of Registered Marijuana Dispensaries shall be set by the Planning Board, but in any event no Registered Marijuana Dispensary shall be open and/or operating between the hours of 8:00 PM and 8:00 AM. 323.8.4.11 No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a Registered Marijuana Dispensary. 323.8.4.12 Signage for the Registered Marijuana Dispensary shall include the following language: “Registration card issued by the MA Department of Public Health required”. The required text shall be a minimum of two (2) inches in height. 323.8.4.13 Registered Marijuana Dispensaries shall provide the Natick Police Department, Natick Board of Health, Natick Building Commissioner, and Natick Planning Board with the names, phone numbers and email addresses of all management staff and key holders to whom the Town of Natick can provide notice if there are emergencies or operating problems associated with the Registered Marijuana Dispensary. 323.8.5 Special Permit Requirements 323.8.5.1 A special permit for a Registered Marijuana Dispensary shall be limited to one (1) or more of the following uses:

Continuation. The lawful use of any structure or land existing at the time of the enactment or subsequent amendment of this bylaw may be continued although each structure or use did not conform with the provisions of this bylaw as adopted or amended.

Extension. No increase in the extent of the nonconforming use of a structure or land may be made beyond the limits of the property owned at the time of enactment or subsequent amendment of this bylaw. Pre-existing nonconforming structures or uses may be extended or altered, provided, that no such extension or alteration shall be permitted unless there is a finding by the Board of Appeals that such change, extension or alteration is not substantially more detrimental than the existing nonconforming use to the neighborhood. This section shall not apply to billboards, signs and other advertising devices subject to the provisions of sections twenty-nine through thirty-three, inclusive, of chapter ninety-three, and to chapter ninety-three D.

Abandonment. A nonconforming use that has been abandoned or not used for a period of two years shall not be re-established and any future use shall conform with this bylaw. Whenever a non-conforming use has not been used for two years or more, it shall not be resumed or reestablished, and all future uses shall conform to this bylaw. This provision shall not be tolled where a fire, flood, hurricane or other similar disaster or event has prevented maintenance of such use. This provision shall be tolled only where legal impediments exist which prevent such use, provided that all reasonable action has been commenced within such two year period to remove such legal impediment, and diligently pursued.

Amended

Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

Roof-mounted Solar Energy Systems shall be permitted in all use districts.

The installation of Roof-mounted Solar Energy Systems that:

In residential districts: Small-scale Ground-mounted Solar Energy Systems and Solar Parking Canopies shall be permitted in rear and side yards. Medium-scale Ground- mounted Solar Energy Systems shall be permitted subject to site plan review by the Special Permit Granting Authority.

In nonresidential districts: Small-scale Ground-mounted Solar Energy Systems shall be permitted in rear and side yards. Medium-scale Ground-mounted Solar Energy Systems and Solar Parking Canopies are permitted subject to site plan review by the Special Permit Granting Authority. The same regulations shall apply in residential districts for exempted uses as defined by M.G.L. c.40A s.3, or other state and federal statutes, and by the Natick Zoning By-Laws.

Where Solar Energy Systems would be installed in a Historic District, the system shall require approval by the Historic District Commission.

Maximum Percentage (%) Building Coverage

Height

Ground-mounted Solar Energy Systems: System Type Siting Maximum Height Small-Scale Ground- All districts Twelve (12) vertical feet from grade. mounted Solar Energy System Medium-Scale All districts Twelve (12) vertical feet from grade. Ground-mounted Solar Energy System Solar Parking Residential The maximum height allowed on the lot or Canopy the height of the principal structure, whatever is less. Solar Parking Non- Subject to site plan review by Special Canopy residential Permit Granting Authority.

Setbacks

BIPV Solar Energy Systems and Surface-integrated Solar Energy Systems shall be subject to any requirements in the Natick Zoning By-Laws that relate to the material or structural element into which the system is integrated or functions as. For example, solar roofing would be subject to regulations for roofing; solar pavement would be subject to regulations for pavement.

The impervious portion of Ground-mounted Solar Energy Systems and Surface-integrated Solar Energy Systems shall be subject to any requirements in the Natick Zoning By-Laws that relate to paving, including impervious lot coverage requirements within the Aquifer Protection District. The systems shall also comply with regulations identified in the Town of Natick’s Stormwater Management and Erosion Control By-Law, Article 79A of the By-Laws.

Site Plan Review: Medium-scale Ground-mounted Solar Energy Systems in all districts and Solar Parking Canopies in non-residential districts are subject to § VI-DD.2 Site Plan Review.

Amended

Purpose. It is the intent of this section that any use of land involving the arrival, departure, parking or storage of motor vehicles be so designed and operated as to assure safe access and departure as well as adequate off-street parking to serve the uses of such land. In addition, this section is intended to insure that safe movement of pedestrians is provided for, both within the parcel and to adjacent parcels, and that necessary provisions are made for the safe use of such other means of transportation as may be reasonably expected to use a site. This section also has the additional purpose of providing minimum landscaping requirements for off-street parking facilities in order to preserve and increase the Town's health and safety.

Applicability.

Parking Facilities Required by Category of Parking Demand

Interpretation of Off-Street Parking

Exceptions in Downtown Mixed Use District Notwithstanding the minimum requirements enumerated in sections 3, c) through 3, t) above, in a DM District the number of parking spaces required for non-residential use may be reduced by special permit by not more than ten (10%) percent of the requirement of section V-D 3, conditioned upon the approval of the SPGA, and upon commitment to payments according to the Incremental Parking Credit schedule in Table 2 below based on the difference in parking units provided and those required under sections c) through q) above. Said payments are due prior to the issuance of an occupancy permit. Any Special Permit issued under this section is subject to findings by the SPGA that the decrease in on-site parking is not substantially more detrimental than the requirements of the Zoning district. Further notwithstanding the minimum requirements enumerated in sections 3, c) through through 3, t) above, in a DM District the SPGA may, as part of a special permit or site plan review for a change in use or expansion of prior use, in its discretion reduce the required number of parking spaces by an amount equal to the number of spaces by which the prior use is below the minimum number of spaces required for that use, but only upon a finding that the new or expanded use is not detrimental to the intent of this bylaw and that the new or expanded use (a) increases architectural accessibility, (b) accommodates mixed use on the parcel, (c) improves pedestrian and/or vehicular movements, (d) enhances the streetscape for abutting properties, (e) creates affordable housing, or (f) accommodates mass transit facilities.

Table 2: Incremental Parking Credit Schedule Required spaces less permitted spaces One Time Mitigation Per whole space $25,000 Per half space $12,500

Amended

Location of Required Parking Spaces Required parking spaces shall normally be located on the same lot as the building or use which they serve. However, the Special Permit Granting Authority may grant a special permit to allow use of parking facilities not on the same lot provided that the Special Permit Granting Authority determines that proper provision is made to insure pedestrian and traffic safety and that the intent and purpose of this section of the bylaw are attained. Except as hereinafter provided, no land in a Residential District shall be used for off-street parking accessory to or to service a structure or use in a Commercial, Industrial, Highway Planned Use, or a Highway Mixed Use District.

Amended

Minimum Area For the purpose of this regulation, an off-street parking space is an all-weather surfaced area having a width of not less than nine (9) feet and a length of not less than eighteen (18) feet for angle parking or twenty-two (22) feet for parallel parking. The length required shall be measured on an axis parallel with the vehicle after it is parked. The required areas, other than those serving One-Family and Two-Family Dwellings, are to be exclusive of driveways and shall be permanently reserved for the temporary parking of one automobile, and shall be connected with a street or public right-of-way by an all-weather surfaced driveway. In the case of One-Family and Two-Family Dwellings, all-weather surfaces shall not be required.

Amended

Pedestrian Safety Crosswalks shall be provided in selected locations and clearly marked on the pavement to aid pedestrians in crossing traffic within the lot. As a minimum, off-street parking areas shall be separated from the front of the building served by a paved walk at least four (4) feet wide with a seven (7) inch high safety curb located along the front of the building, or other safety devices as the Building Inspector may specify. Where there exists along an exterior side or rear wall, an entrance or exit normally used by the general public (excepting therefrom but not limited to fire doors and loading areas) such entrance or exit shall be provided with a paved walk at least four (4) feet wide with a seven (7) inch high safety curb extending at least six feet along the building on either side of such entrance or exit.

Amended

Interior Drives Interior drives shall be of adequate width to serve a particular design arrangement of parking spaces, the following being the minimum width permitted. Type of Parking Driveway Width 90 degree to 61 degree parking twenty four (24) feet 60 degree to 46 degree parking eighteen (18) feet 45 degree to 30 degree parking fifteen (15) feet parallel parking fifteen (15) feet Ninety degree (90 degree) or parallel parking shall be used in all off-street parking lots unless there is positive control of traffic directions. Parking at angles at less than thirty degrees (30 degrees) is prohibited except for parallel parking. The minimum width of any interior driveway serving an off-street parking area shall be fifteen (15) feet.

Entrance and Exit Driveways

Marking All required parking spaces, except for One-Family and Two-Family Dwellings, shall be marked by painted lines, maintained in good condition, curbs or other means to indicate individual spaces. Signs or markers painted or provided and maintained in good condition shall be used as necessary to insure efficient traffic flow within the lot.

Amended

Surfacing and Drainage In all parking areas other than those serving One-Family and Two-Family Dwellings, the following requirements for surfacing and drainage shall apply. Adequate storm water drainage shall be provided for all off-street parking areas. With respect to off-street parking areas for ten or more vehicles, storm water drainage shall include provision of means to prevent or intercept, collect and/or filter any oil, grease or sediment that may be deposited in such parking area, in accordance with regulations of the Department of Public Works and Board of Health. Within six months of the effective date of this by-law, the Board of Health in accordance with the Department of Public Works shall adopt regulations to administer this by-law. Required parking and truck loading facilities shall have an all -weather surfacing of bituminous concrete or concrete paving maintained in good condition and capable of allowing free and safe movement of all vehicles using the facility. The perimeter of all parking areas shall have a machine-formed curbing at least five inches high or pre-cast concrete bumpers, safety curbs or other protective devices. The following minimum specifications shall apply to all bituminous concrete paving. It shall be placed in two layers, a binder course to be one and one-half (11/2) inches thick after compaction and a top course one (1) inch thick after compaction, to form a total thickness of pavement equal to two and one-half (21/2) inches after compaction.

Amended

Lighting Adequate lighting shall be provided in lots of more than ten (10) spaces if off-street parking spaces are to be used at night. However, minimum security lighting must be provided in all lots serving other than One-Family and Two-Family Dwellings. The lighting shall be arranged and installed to minimize glare on adjacent property. If property is not to be used at night, a note to that effect shall be indicated on the plan.

Amended

Truck Loading Space In the case of hospitals, institutions, hotels, and retail wholesale and industrial buildings space shall be provided for loading and unloading of trucks at the rate of one (1) space not less than four hundred (400) square feet in area for each fifteen thousand (15,000) square feet of floor area or fraction thereof up to a total of thirty thousand (30,000) square feet, and four hundred

Buffer Areas

Landscaping Adjacent to Right-of-Way A continuous landscaped strip shall be provided adjacent to the right-of-way line of any street (existing, proposed, paper, public, private)or highway. This landscaped strip shall not be less than ten (10) feet wide in any district and in Highway Mixed Use II, *Highway Mixed Use III, Commercial II, Industrial II and Highway Mixed Use I districts it shall have at least ten (10) feet of width for every one hundred (100) ft. or fraction thereof of frontage up to a maximum required width of fifty (50) feet. In a Highway Planned Use District, the landscaped strip adjacent to the right-of-way shall be at least 85 feet in depth. (Art. 1. S.T.M. #3, October 27,

Interior Landscaping Off-street parking areas which cover 20 per cent or more of the total site area shall have at least ten (10) square feet of interior landscaping for each parking space. As used herein, interior landscaping shall be defined as landscaped islands or areas, exclusive of any other landscaping or buffer areas required elsewhere in these Off-Street Parking and Loading Requirements, which are contained within or project into the paved area of an off-street parking of loading area. Each separate landscaped area shall contain a minimum of one hundred (100) square feet, shall have a minimum dimension of at least five (5) feet, shall be planted with grass or small shrubs, and shall include at least one deciduous tree of not less than two (2) inches in diameter and at least six (6) feet in overall height immediately after planting. Each such island shall have a five (5) inch curb and may be used to locate hydrants within a parking area. Whenever possible, such interior landscaping shall be located so as to promote safe and efficient channelization of both pedestrian and vehicular traffic.

Existing Landscaping Material Every attempt shall be made to save as many existing trees as possible on a subject site. Major trees and outlines of wooded areas shall be shown on the required site plan.

Administration & Procedure

Purpose and Applicability a. The purpose of this section is to establish criteria, limits, restrictions, prohibitions and exemptions for any and all modifications and/or waivers from strict compliance with the dimensional, intensity, use, purpose, objectives, standards and /or requirements, provisions of this zoning by law. Notwithstanding anything else to the contrary in this zoning by law, this section shall apply both to any and all districts and to any and all waivers and/or modifications of dimensional and/or intensity unless specifically exempted or provided for below. b. Provided that the SPGA is authorized in the provisions for a particular zoning district to grant modifications and/or waivers from strict compliance with the provisions of this zoning by law in connection with Site Plan Review and /or Special Permits for such zoning district, the SPGA may grant modifications and waivers subject to the permissions, criteria, limitations, restrictions and prohibitions of this Section V-E. c. The SPGA may not grant modifications and or waivers for any use in any district unless the provisions for such zoning district in this zoning by law expressly allow for modifications and waivers. d. Notwithstanding anything else in this zoning by law to the contrary, no waiver and/or modification may be granted unless either i) specifically exempted in 1.e, 1.f, 1.g, 1h, or 1.i below or ii) specifically complying with V-E 2, 3 and 4 below or allowed below in connection with grants of allowable bonus density or intensity. e. This section shall not apply to either i) Special Permits granted in conformity with Section 6 of MGL Chapter 40A and Section V-A Nonconforming Uses of this zoning bylaw or ii) variances granted in conformity with Section 10 of MGL Chapter 40A and section VI- E.3 of this zoning bylaw. f. This section shall not apply to sub Section C. Smart Growth Overlay District (SGO District) of Section III-A.6 Affordable Housing of this zoning by law. g. This section shall not apply to Section III- A.6.A.2, Section V-D.19 (d) or Section V-I.7 h. This section shall not apply to Section 329.2 regarding the FAR for redevelopment projects which retain all or any part of prior- existing structures. i. This section shall not apply to Section V-J.4.B Density Bonus where necessary to permit any additional unregulated units granted under this section to be constructed on the locus site.

Amended

Criteria and Written Finding a. In granting any waiver and/or modification, the SPGA shall first make a specific finding, in writing, that such waiver and/or modification will not create conditions which are substantially more detrimental to the existing site and the neighborhood in which the site is located, than if the waiver and/or modification were not granted and further that such waiver is necessary in order to allow or to encourage the purposes for which the district was created. b. These criteria shall be in addition to any other criteria applicable to a district. c. These criteria shall also be subject to V-E 3. and 4. below.

Limitations and Restrictions a. No increase greater than 10% shall be allowed in any of the following regulatory factors: height, building coverage, lot coverage, number of units, any density measure, or sky- exposure plane. b. No decrease of more than 10% shall be granted in any of the following regulatory factors: open space requirement, landscape surface ratio, front yard setback, rear yard setback or side yard setbacks. Side yard setbacks shall each be measured and considered separately. c. Any modifications and/or waivers shall be measured on a cumulative basis such that the 10% limitations and restrictions are i) applied, ii) maintained and iii) never exceeded on a cumulative basis. Any modifications and/or waivers shall be measured and take into account any variances such that any modification and/or waiver, considered and together with any variances, may not exceed the above limitations and restrictions. This provision shall affect only the modification and/or waiver and shall not affect any lawful variance. d. The maximum 10% shall be calculated by multiplying the regulatory factor by 1.10 if an increase and by 0.90 if a decrease. The result so calculated shall establish the limit for any regulatory factor modified and/or waived. e. Any Special Permit granting modifications and/or waivers shall provide as a condition of such Special Permit for the ongoing maintenance, continuing survival and enforcement of such waived or modified factors as a condition of the Special Permit. f. Modifications and or waivers granted in order to allow a grant of additional density or intensity in compliance with i) Section 9 of MGL Chapter 40 A and ii) specific authorizations in other sections of this zoning by law shall not be subject to these strict limitations and restrictions above. However, any regulatory factor that is modified or waived in order to accommodate a grant of additional density or intensity shall not be further modified or waived to exceed the limitations and restrictions above. If any regulatory factor exceeds the above limitations and restrictions in connection with a grant of additional density or intensity, such regulatory factor shall not be further modified and/or waived. No waiver and/or modification shall be granted if such grant, whether alone or in combination with other factors, increases, contributes to an increase in or facilitates an increase in the otherwise permissible density or intensity of any particular use unless such increase in density or intensity complies fully with the applicable FAR Bonus or Bonus Density provisions of this zoning by law. For the purposes of determining compliance with this Section V-E, this standard shall be applied by considering and measuring the effects of any modification and/or waiver on a specific project on a specific application for a particular use before the grant of any modification and/or waiver. Nothing in this section shall preclude any bonus density section of this zoning by law from imposing its own more restrictive limitations and restrictions on any waivers and/or modifications which are granted for the purposes of allowing bonus density or intensity of use.

Prohibitions a. No waivers and/or modifications can be granted if the application and/or parcel requests, includes or results in the continuance, extension or alteration of any pre-existing nonconforming use. For the avoidance of doubt, the intent of this provision 4.a) in conjunction with the exceptions in 1e) above is to allow the Zoning Board of Appeals to grant relief in conformity with Section 6 of MGL Chapter 40A and Section V-A Nonconforming Uses of this zoning bylaw and to grant variances in conformity with Section 10 of MGL Chapter 40A and section VI- E.3 of this zoning bylaw but to prohibit i) the Zoning Board of Appeals from granting such relief separate from the provisions of Section 6 of MGL Chapter 40A , Section V-A Nonconforming Uses of this zoning bylaw and Section 10 of MGL Chapter 40A and section VI-E.3 of this zoning bylaw and ii) the Planning Board or other SPGA from granting modifications and /or waivers which include or result in the continuance, extension or alteration of any pre-existing nonconforming use. b. No waivers and/or modifications can be granted with regard to FAR Bonus or Bonus Density provisions or Affordable Housing requirements of this zoning by law. No waivers and/or modifications can be granted if the effect of such waiver and /or modification is to grant or to create additional density and/or intensity without strict compliance with Section 9 of MGL Chapter 40A section 9 and the applicable FAR Bonus or Bonus Density provisions of this zoning by law. c. No waivers and/or modifications can be granted with regard to minimum lot size, continuous frontage, lot frontage or lot depth. d. No waivers and/or modifications can be granted with regard to the purpose, intent, definitions and/or uses specified for any zoning district or with regard to the purpose, intent, definitions or uses of the zoning by law itself.

Amended

EXISTING SIGNS Except for such changes, if any, as may be required to satisfy the provisions of subsections C. 1

DEFINITIONS

REGULATIONS APPLICABLE TO ALL AREAS

REGULATIONS AND RESTRICTIONS APPLICABLE TO USE DISTRICTS

ADMINISTRATION

SEVERABILITY The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision hereof.

Purpose and criteria The regulation of outdoor lighting is intended to: enhance public safety and welfare by providing for adequate and appropriate outdoor lighting, provide for lighting that will complement the character of the town, reduce glare, minimize light trespass, and reduce the cost and waste of unnecessary energy consumption.

Applicability and terminology

LIGHTING PLAN Wherever outside lighting is proposed, every application for a building permit, a special permit, a special permit with site plan review, a variance, or an electrical permit, shall be accompanied by a lighting plan which shall show: the location and type of any outdoor lighting luminaires, including the height of the luminaire; the luminaire manufacturer's specification data, including lumen output and photometric data showing cutoff angles; the type of lamp such as: metal halide, compact fluorescent, high pressure sodium; a photometric plan showing the intensity of illumination at ground level, expressed in foot candles; and that light trespass onto any street or abutting lot will not occur. This may be demonstrated by manufacturer's data, cross section drawings, or other means.

CONTROL OF GLARE AND LIGHT TRESPASS

LAMPS

HOURS OF OPERATION Outdoor lighting shall not be illuminated between 11:00 pm and 6:00 am with the following exceptions: if the use is being operated, such as a business open to customers, or where employees are working, or where an institution or place of public assembly is conducting an activity, normal illumination shall be allowed during the activity and for not more than one half-hour after the activity ceases. Exterior lighting that is not façade or landscape lighting must automatically reduce its peak power by at least thirty percent (30%) one hour after business closing to one hour before business opening, or when no activity has been detected in the area for longer than fifteen (15) minutes, unless further reduction is required by the SPGA.

Amended

SPECIAL PERMITS In accordance with Section 3, the special permit granting authority (SPGA), may grant a special permit modifying the requirements of this Section, provided it determines that such modification is consistent with the objectives set forth in section V-I, 1., in the following cases: where an applicant can demonstrate, by means of a history of vandalism or other objective means, that an extraordinary need for security exists; where an applicant can show that conditions hazardous to the public, such as steep embankments or stairs, may exist in traveled ways or areas; where a minor change is proposed to an existing non-conforming lighting installation, such that it would be unreasonable to require replacement of the entire installation; where it can be demonstrated that for reasons of the geometry of a lot, building, or structure, complete shielding of direct light is technically infeasible. Special permits issued under this section will have a term of seven years unless other wise specified by the SPGA.

Amended

PURPOSE AND INTENT The purpose of the Inclusionary Housing Bylaw is to serve as a mechanism for the creation and retention of housing that is affordable to eligible households. Section V-J, in concert with Natick’s long range planning documents and the Natick Housing Production Plan intends a. To ensure that all residential development or redevelopment project with five or more new dwelling units contributes to the creation of affordable housing; and b. To ensure that such affordable housing is made available to all eligible households on a non- discriminatory basis in accordance with the Federal Fair Housing Act of 1968 and MGL, c. 151, as amended, and any regulations promulgated under federal and state law.

APPLICABILITY a. The provisions of Section V-J shall apply to any proposed development or redevelopment project that includes residential dwelling units, located on one or more contiguous parcels.

MANDATORY PROVISION OF AFFORDABLE UNITS a. An applicable Residential Project shall contribute to the local stock of affordable units in accordance with the following requirements: i. All projects are required to provide a minimum fifteen (15) percent of the total newly created units as affordable; except in the Downtown Mixed Use (DM) District, which shall require twenty (20) percent of the units to be affordable. ii. Methods to satisfy the affordability component required for a Residential Project, subject to approval by the Planning Board:

PROVISIONS APPLICABLE TO AFFORDABLE DWELLING UNITS ON-SITE a. Affordable units On-site On-site affordable units shall be distributed proportionately within the development so as not to be in less desirable locations than Unregulated Dwelling Units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the Unregulated Dwelling Units. b. Minimum design and construction standards for on-site affordable units Affordable units constructed or rehabilitated under this bylaw shall comply with the Design and Construction Standards for LIP specified by the DHCD in the LIP Guidelines. Affordable dwelling units shall be integrated with the rest of the development, shall be proportionately distributed in terms of unit size/type and shall be comparable in exterior design, appearance, construction, and quality of materials with other units. Interior features of affordable units shall contain, at a minimum, complete living facilities including a stove, kitchen cabinets, plumbing fixtures, a refrigerator, a microwave oven, and access to laundry facilities. The interior finishes and features of affordable units may differ from those of Unregulated Dwelling Units, provided that such finishes and features are durable, of good quality and consistent with current standards for new housing. The Planning Board reserves the right to consult with the Building Commissioner to verify the durability and quality of interior finishes proposed by the applicant and to require changes to better achieve comparability of units. All affordable dwelling units shall have an equivalent level of accessibility as that of the Unregulated Dwelling Units. c. Timing of construction or provision of affordable units on-site Affordable dwelling units shall be provided coincident to the development of Unregulated Dwelling Units, but in no event shall the development of affordable units be delayed beyond the schedule noted below. Fraction of units shall be rounded up to the next whole number. Unregulated Dwelling Units Affordable Housing Unit (% Complete) (% Required) <30% -- 30% plus 1 unit 10% Up to 50% 30% Up to 75% 50% 75% plus 1 unit 70% Up to 90% 100%

CALCULATION OF FEES-IN-LIEU FOR AFFORDABLE DWELLING UNITS a. A fee in-lieu shall be calculated for the sales price of an affordable unit per the combined total of the prorated land cost and total cost of construction of the median unit in the project.

RESTRICTIONS a. Local Initiative Program (LIP) All affordable dwelling units shall be subject to an affordable housing restriction and a regulatory agreement per LIP of Department of Housing and Community Development. The LIP will ensure that affordable units are affordable in perpetuity, and shall ensure that affordable units can be counted toward the Natick Subsidized Housing Inventory (SHI). b. Local Preference Unless otherwise regulated by an applicable Federal or State agency under a financing or other subsidy program, at least fifty percent (50%) of the affordable units shall be initially offered for one hundred and eighty (180) days in the following priority, to: i. Persons who currently reside within the Town of Natick; ii. Persons who are employed by the Town of Natick; iii. Persons who are employed by businesses located within the Town of Natick. c. Marketing Plan for Affordable Units Applicants under this bylaw shall submit a marketing plan or other method approved by the Town through its Housing Production Plan to the SPGA for its approval, which describes how the affordable units will be marketed to potential home buyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants. d. Condominiums Condominium documentation shall provide the owners of the Affordable Units with full and equal rights to all services and privileges associated with condominium ownership. e. Legal Review All legal documents, including but not limited to affordable housing deed riders, affordability restrictions, leases, condominium documents and/or homeowner’s agreements shall be subject to peer legal review by the SPGA, to be paid in full by the Applicant. f. Building Permits No occupancy permits shall be issued for any unit in the development until the Building Commissioner receives verification that the required deed riders and LIP has been approved by DHCD and the Town Administrator, or designee, and has been recorded with the Middlesex South Registry of Deeds, and that the affirmative fair housing market plan, has been approved by DHCD.

COMPLIANCE The provisions of Section V-J shall be considered supplemental to existing Zoning Bylaw except for the provisions of Section III-A.6.C (Smart Growth Overlay (SGO)). Wherever a conflict exists between two sections, this Section V-J shall prevail.

SEVERABILITY If any provision of Section V-J is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Natick Zoning Bylaw. (Art 32 Fall TM, 10/16/18) SECTION VI – ADMINISTRATION

Amended

Fire Department - to assure compliance with state and local fire regulations and statutes.

Health Department - to assure compliance with state and local public works regulations and statutes.

Public Works - to assure compliance with state and local public works regulations and statutes.

Wire Inspector - to assure compliance with state and local electrical regulations and statutes.

Plumbing Inspector - to assure compliance with state and local plumbing regulations and statutes.

Building Inspector - as to all other phases of construction and as to compliance with state and local building regulations and statutes.

Board of Assessors – to facilitate compliance with state and local laws and regulations regarding assessment and taxation of real property including improvements thereto. In the event the Building Inspector refuses to grant approval of said construction or alteration, he shall state the reason for his refusal in writing to the applicant of such occupancy permit. In the event any of the above remaining departments or inspectors refuse to grant approval of said construction or alteration, said department or inspector shall state the reasons for its or his refusal in writing to the applicant of such occupancy permit and a copy of same shall be given to the Building Inspector. Such Certificates of Occupancy shall not be issued to the premises, building or structure, unless its uses and accessory uses comply in all respects with the bylaw. A record of all applications and Certificates of Occupancy shall be kept on file by the Building Inspector. The Inspectors and Departments mentioned above in this bylaw shall report their findings within a reasonable period to the Building Inspector.

Amended

Special Permit Procedures a. Authority The Special Permit Granting Authority (“SPGA”) shall be the Planning Board or the Zoning Board of Appeals (“ZBA”) as prescribed herein. i. The Planning Board shall be the SPGA in all Zoning Districts and Overlay Districts, except in the Limited Commercial (LC) Zoning District. ii. The ZBA shall be the SPGA in the LC Zoning District. iii. Where an activity or use requires both Site Plan Review and one (1) or more Special Permit(s) the Planning Board shall serve as the SPGA, and conduct such reviews concurrently. b. Application Materials A Special Permit application shall be filed in accordance with the rules and regulations of the SPGA. c. Review Criteria The SPGA shall evaluate a Special Permit application based the following criteria, in addition to criteria, which may be specifically provided for elsewhere in these Zoning Bylaws. The determinations shall be made separately for and indicate consideration of each of the following criteria: i. The site and immediate area is appropriate for such a use, structure, or condition. ii. The use, structure or condition will not adversely affect the neighborhood. iii. The use, structure or condition will not be a nuisance or cause hazard to vehicles or pedestrians. iv. The site has access to adequate and appropriate facilities to ensure proper operation of the proposed use, structure or condition. v. The adverse impacts are adequately mitigated, which may require improvements to public infrastructure, roadways, and environmental impacts. vi. The use, structure, or condition exceeds the minimum design standards outlined in the SPGA's rules and regulations. d. Waiver The SPGA at its discretion, may waive technical or submittal requirements of a Special Permit application, by a four-fifths (4/5) super-majority vote, where the SPGA finds such requirements are not appropriate or relevant for the evaluation of the project. All applicants seeking waiver requests shall provide a detailed description of the need for relief from the technical or submittal requirement. e. Review Procedures All uses that require a Special Permit shall be subject to the following procedures outlined herein. i. Public Hearing A public hearing shall be required conducted by the SPGA within sixty-five

Site Plan Review Procedures a. Authority The Planning Board or its designee, as prescribed herein, shall follow the procedures in §VI-DD.2. Where an activity or use requires both Site Plan Review and one (1) or more Special Permit(s) the Planning Board shall conduct such reviews concurrently. b. Exempt from Site Plan Review Site Plan Review or Limited Site Plan Review shall not apply to: i. Any construction or modification to an As of Right One- or Two-Family Dwellings on an individual lot. ii. Any construction of a new building or facility of 500 or less gross square feet; iii. Any expansion of an existing building or facility that results in a net increase of 500 or less gross square feet; iv. Any construction of a new off-street parking area of five (5) or fewer spaces or modification to an existing off-street parking areas that results in five (5) or fewer net spaces; v. Any new or update to existing signage that is compliant to §V-K; or vi. Any façade modification to a building or facility that does not modify structural features, impede emergency access, or significantly or materially expand the building or facility dimensions. c. Applicability §VI-DD.2 shall apply to all proposed construction projects or modifications of previously reviewed outlined herein. i. Site Plan Review Site Plan Review and approval shall be conducted by the Planning Board, as outlined in the Planning Board Rules and Regulations, as amended, for the following projects

Appeals To hear and decide an appeal taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official under the provision of Chapter 40A, General Laws, or by any officer or board of the Town, or by any person aggrieved by any order or decision of the Building Inspector or other administrative official in violation of any provision of Chapter 40A of the General Laws, or of this bylaw.

Special Permits

Variances. To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon, a variance from the terms of this bylaw where, owing to conditions especially affecting such parcel or such building, but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this bylaw would involve substantial hardship to the appellant, and where 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 bylaw, but not otherwise. The Board may impose limitations both of time and use and may require bonds, and a continuation of the permitted use may be conditioned upon compliance with the regulations to be made and amended from time to time thereafter. The Board of Appeals shall establish procedures and shall conduct its hearings and meetings and give proper notice thereof consistent with the provisions of Chapter 40A or other provisions of the General Laws and of this bylaw. The Board of Appeals shall notify the Planning Board on all appeals, Special Permits, and variances submitted to said Board of Appeals at the time of the first notice of a public hearing for such study and report as the Planning Board may deem appropriate. All applications for appeals, Special Permits, or variances to the Board shall be made in writing on appropriate forms furnished by the Board. The Board shall, with the advice and assistance of the Building Inspector, maintain and keep up-to-date a map indicating thereon by approximate notations the locations of all actions whether approved or disapproved. In all of its deliberations, the Board shall give due consideration to promoting the public health, safety, convenience and welfare, encouraging the most appropriate use of land and conserving property values, shall permit no building or use injurious, noxious, offensive or detrimental to a neighborhood, and shall, whenever deemed advisable, prescribe appropriate conditions and safeguards in each case. The Board of Appeals shall act on all matters within its jurisdiction under this bylaw in the manner prescribed by said Chapter and subject always to the rule that due consideration shall be given to conserving the public health, safety, convenience, welfare, and property values. No appeal or petition for a variance, and no application for a Special Permit, which has been unfavorably acted upon by the Board of Appeals shall be considered on its merits by said Board within two years after the date of such unfavorable action except with the unanimous consent of all but one of the members of the Planning Board. A special permit shall lapse within two years, including such time required to pursue or await the determination of an appeal referred to in the General Laws, from the grant thereof, 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.

Amended

Powers: The Planning Board, acting as a Special Permit Granting Authority, may hear and decide applications for site plan approvals, and grant special permits as is provided for elsewhere in this Zoning By-Law.

Amended

Associate Member:

Said districts (Paragraph II-A above) are located and bounded as shown on a map entitled "Zoning Map of Natick, Massachusetts.", on file in the offices of the Town Clerk and Town Planning Board dated February 10, 1960. The Zoning Map, with all explanatory matter thereon, is hereby made a part of this bylaw and shall be re-issued annually by the Planning Board to incorporate such amendments as may be made by Town Meeting action and approved as required by the Attorney General of the Commonwealth of Massachusetts.

Where a boundary is shown as following a street, railroad or utility, the boundary shall be the center line 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 center 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 water-course, 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 Building Inspector shall determine its position in accordance with the distance in feet from other lines as given or as measured from the scale.

Where a boundary is shown as following a contour line, this line shall be the contour line of the indicated elevation above mean sea level as shown on all applicable topographic maps of Natick by the Geological Survey, United States Department of the Interior, or any other Town accepted survey map, corrected to the U.S.G.S datum plane. .

SECTION III – USE REGULATIONS

Amended

A dwelling, building, or any structure hereafter erected in any district shall not be located on a lot having less than the minimum requirements specified in the following schedule (IV-B) and no more than one dwelling shall be built upon any single lot except as otherwise provided in this Bylaw.

Amended

Any lot lawfully laid out by plan or deed duly recorded or registered in the appropriate Registry of Deeds or Land Registry District that complies, at the time of such recording or registering, with any minimum area and frontage requirements of any zoning bylaw in effect may thereafter be built upon for a single and/or two family residential use notwithstanding the adoption or amendment of a zoning bylaw imposing minimum area and frontage requirements in excess of the area or frontage, or both, of such lot, provided that at the time of building such lot has an area of more than five thousand square feet, a frontage of fifty feet or more, and is in a district zoned for single and/or two family residential use and conforms except as to area and frontage with the zoning bylaw in effect, and that at the time of adoption of such requirements, or increased requirements, such lot was held in ownership separate from that of adjoining land.

Amended

The minimum front-yard dimensions required in the following schedule are to be measured from the street line where a plan of the way or street is on file or platted with the Natick Planning Board or with the Registry of Deeds or, in the absence of such a plan or plat, from a line twenty feet from the parallel with the center of the traveled way or street.

A lot or parcel of land containing two or more dwellings existing prior to August 10, 1960 which can not be divided in conformity with these requirements may, under a Special Permit by the Planning Board, be divided in a manner complying as closely as possible with these requirements.

Height of Building. The limitation on height of buildings and structures shall not apply in any district to roof tanks and their supports, ventilating, air conditioning and similar building service equipment, chimneys, railings, skylights and other similar features of buildings which are in no way designed or used for living purposes.

Amended

Shared Driveways. Two or more residential structures hereafter erected in any district, shall not be served by a common or shared driveway unless approved under § VI-DD.2 Site Plan Review by the Planning Board. Specifications for a shared driveway shall be required which are adequate to serve the number of vehicles that will use it, and where more than two residential structures are to be served such driveway shall meet minimum Town Standards as found in the Subdivision Rules and Regulations.

Amended

Minimum Lot Width in Residential General (RG) and Residential Single (RS) Zoning Districts. No lot shall be laid out in an RG or an RS district unless it has a minimum width measured as follows: No portion of the lot between the dwelling or other primary structure and the street line of the front yard shall have a width, where width is defined as the shortest distance between the side lot lines, that is less than three quarters of the minimum required frontage.

Amended

No person shall erect a fence in excess of six feet in height without a special permit issued by the Special Permit Granting Authority having jurisdiction over the site.

Amended

The Intensity Regulations requiring minimum front yard set backs in residential districts shall not apply to a Covered Open-Air Front Porch, provided that no portion of the Covered Open- Air Front Porch shall be (i) enclosed by screen, glass or building walls; (ii) of a depth (including all roof lines and columns, but not stairs) greater than ten (10) feet or one-third (1/3) of the height of the principal residential structure to which it is attached, whichever is less; (iii) located closer to the front lot line than a distance in feet equal to sixty (60%) percent of the applicable front yard set back requirement; and (iv) (with the exception of the applicable front set back requirement) constructed in compliance with all other requirements of the underlying zone including, without limitation, side yard set back and lot coverage requirements.

Amended

feet from the nearest residential district.

d. 20,000 square feet for first four families, 4,300 square feet for each family thereafter, and in addition to the minimum frontage required per lot for four families; each family thereafter an additional 10 feet of street frontage. For large parcel development HM-II Districts (see § III-C-2), the Planning Board, in accordance with § VI-DD.2 Site Plan Review provided for hereinafter, shall allow densities of up to a maximum of twenty (20) units per acre. e. One entrance and exit only per street frontage. f. 85 ft. setback applies to Worcester Street (Route 9). g. One-half height of building, but in no case less than 25 ft. h. One-third height of building, but in no case less than 12 ft. i. Two-hundred-foot frontage applies to Worcester Street (Route 9). j. In a CII district, sideyards as indicated are not required for a structure located on a lot of at least five acres in an area having a minimum width of 500 feet for such sidelines as abut a lot which is also at least five acres in area, having a minimum width of 500 feet, provided further that no part of the structure is within 400 feet of the nearest residential boundary line. k. For lots with an area of 40,000 square feet or larger, the minimum dimensions for Continuous Frontage, Depth , and Front Yard shall be those of the Residential Single Zone of comparable minimum area, i.e. RSB, RSD, or RSE. l. One-third height of building, but in no case less than the Sideyard dimension for the Residential Single Zone of comparable minimum area, i.e. RSC, RSB, RSD, or RSE. m. One-half height of building, but in no case less than the Rearyard dimension for the Residential Single Zone of comparable minimum area; i.e. 25 feet if the area of the lot is 20,000 square feet or more, but not 40,000 square feet; 40 feet if the area of the lot is 40,000 square feet or more. n. Conventional outdoor recreational facilities such as tennis courts, playgrounds, swimming pool, etc., may be considered as part of the Open Space requirement . p. In a PCD District and each subarea as hereinafter defined, an overall minimum of 4,500 square feet of land area for each dwelling unit. The number of dwelling units permitted under such overall minimum in a lot in a PCD District shall be the number arrived at by dividing the total square-foot area of the lot by 4,500. For the purposes thereof, "Subarea" shall mean any portion of a lot designed for 600 dwelling units or less. Each lot shall be divided into subareas in such a manner as the developer may choose, consistent with the foregoing, and the subarea embracing the building or buildings for which the developer seeks a permit under Section VI-C hereof shall be shown on the plan required under said Section. Within each subarea as designated on the developer's plan as aforesaid, dwelling buildings to be constructed shall be "clustered" into groups, each group containing at least three such buildings. Within each cluster there shall be no more than 2500 or less than 1500 square feet of land area per dwelling unit. (A "cluster" is defined as the area circumscribed by a line connecting exterior points of outer building walls of the dwelling buildings contained within a single group of buildings.) and . q. In a PCD District all buildings shall be at least 50 ft. distant from any public way, at least 25 ft. distant from any lot line, and at least 30 ft. distant from any private way r. In a PCD District no one type of building designed for dwelling units (i.e. Garden Type Apartment House, Central-Type Apartment House or Town House) shall constitute more than 50 percent nor less than 10 percent of the number of all buildings constructed. Such ratio shall be applied to any portion of the entire tract designed for 600 dwelling units or less (subarea) called for above in Section IV-B, footnote "p". s. In a PCD District there shall be no buildings containing more than 30 dwelling units or measuring more than 240 ft. in length. t. In a PCD District all buildings shall be separated from other buildings by a distance of 10 feet, or 10 percent of the length of the shorter buildings involved, whichever is the greater. u. No main entrance door(s) to any apartment building (as defined in Section I-D of this Bylaw) in a PCD, RM or any other Zoning District, shall be farther from a public or private way, vehicular access or parking area than 35 feet. v. In an H District all portions of the lot within 10 feet from any adjoining residential district or within 75 feet from any street, except for driveways for access from a street, shall be maintained as landscaped open space in accordance with Section V-C. In addition, any developed areas located within 50 feet from any adjoining residential property shall be screened by hedges or coniferous planting, having a height of at least 4 feet at the time of planting, by grading of at least 6 feet in height, by ornamental fencing at least 6 feet in height or by any combination of these methods, and any artificial lighting within such area shall be arranged and shielded so as to prevent direct glare from the light source onto adjoining property. w. Deleted by Art. 16, Fall Session A.T.M. 1985 - Oct. 3 x. In an AP District, a strip of landscaped buffer area at least 15 feet wide shall be maintained by means of a conservation restriction at all side and rear boundaries of the parcel. The front of said parcel shall have a landscaped area at least 20 feet deep. Such landscaped areas may be increased to 25 feet where in the opinion of the SPGA (i.e. Special Permit Granting Authority) the relationship of the parcel in question to the surrounding land uses requires additional buffering. The criteria to be applied is that parking and service areas shall not normally be visible from a public or private way and from adjacent properties, other than through the access and egress ways to the parcel. Screen materials may include evergreen plants, which are characterized by dense growth which will form an effective year-round screen, or a fence, or a wall. Uses of berms shall be encouraged. Screening may consist of both natural and man-made materials. To the extent practicable existing trees shall be retained. Evergreen trees shall be so chosen that they will reach a mature height of 30 feet or greater, and shall have an average spacing of 15 linear feet between them. Understory plant materials must be at least 3 feet in height when planted, and trees must be at least 8 feet in height when planted. Height shall be measured from the finished grade. All required plant materials shall be permanently maintained in a healthy condition, and whenever necessary replaced with new plant material to insure continued compliance with screening requirements. All required fences and walls shall be permanently maintained in good repair and presentable appearance and whenever necessary they shall be repaired or replaced. y. Deleted by Art. 16, Fall Session A.T.M. 1985 - Oct. 3. z. Except where the existing residence was located or constructed on a lot, pursuant to a variance or special permit, a shed housing a heating or fuel oil storage tank may be attached to an existing dwelling in an (RSA), (RSC), (RSB) and (RG) zoning district as a matter-of-right, notwithstanding the sideyard requirement presently applicable in any such district, provided such shed as constructed shall not extend a distance greater than 4 l/2 feet from the dwelling to which it is attached and all necessary permits required therefor shall be obtained, provided, however, that no portion of such shed shall be situated within 5 feet of any sideyard lot line. A shed for storage as an accessory use to a residence no larger than 10’ x 12’ x 10’ high may be located at a distance less than the required setback, but no closer than six (6’) feet from a side or rear lot line in the RSA, RSB, RSC, and RG zoning districts, provided that such shed shall not be connected to utilities. aa. A family suite may be located in a dwelling in an RS district which is the primary residence of the owner of such dwelling upon the issuance of a Special Permit granted by the SPGA. The SPGA shall include a condition in their Special Permit that the residents of the family suite must be related to the owner(s) of the single-family dwelling and that the primary dwelling unit remains the primary residence of the owner of the dwelling throughout the period of occupancy of the family suite lease information. The SPGA shall require that the following conditions be met: i. The family suite shall be subordinate in size to the primary dwelling unit. ii. The family suite shall be constructed in a manner that maintains the appearance of a single- family dwelling. iii. The family suite and the primary dwelling unit shall be fully integrated and shall be contiguous with each other. iv. The Family Suite may share living areas within the single-family dwelling with the primary dwelling unit. v. The family suite and the primary dwelling unit shall share utilities. vi. The size of the family suite shall not exceed 25% of the area of the primary dwelling unit but shall not be larger than 700 square feet (calculation not to include common areas). vii. The family suite shall be limited to one bedroom. viii. The family suite shall be limited to a galley kitchen with minimal amenities. ix. The family suite shall share a front entry and mail address with the primary dwelling unit, although a separate side or rear door may be permitted. x. Parking shall be as required by Section V-D.3.a of this By-Law and the units shall be accessed by the same driveway. xi. All dimensional zoning requirements shall be met except that if the existing primary dwelling unit does not conform to all dimensional zoning requirements, the family suite may be approved so long as the family suite will not increase the primary dwelling unit’s pre-existing nonconformity with dimensional zoning requirements. xii. The design must allow for the future conversion of the Suite to an addition to the One-Family Dwelling. The SPGA must review and approve the plans for such One-Family Dwelling at the time that the family suite is included in the building. xiii. The SPGA shall specify by name(s) in its permit who is permitted to reside in the Family Suite. Any changes in occupancy shall require a modification or revision of the lease and a modification of the Special Permit which must be approved by the SPGA xiv. The One-Family Dwelling owner(s) shall covenant to their abutters that they will not use the property as a Two-Family Dwelling. This covenant shall be recorded at the Middlesex South Registry of Deeds and shall be indexed to the deed for the One-Family Dwelling. xv. The decision of the SPGA shall be recorded at the Middlesex South Registry of Deeds and a copy of the recorded decision shall be provided to the SPGA and the Building Department before an occupancy permit can be issued. bb. Within the RG zoning district, a minimum of 5,000 square feet of lot area is required per Dwelling Unit for the conversion of a One-Family Dwelling to, or construction of a Two-Family Dwelling, for a pre-existing, non-conforming lot or structure. (cc) Corner lot frontage: When a lot is bounded by more than one street, one of them, but only one, must be designated as the frontage street, provided the street meets the requirements for minimum lot frontage described in this Bylaw, with the following exception: in the case of a lot bounded by two streets forming an interior angle of more than 135°, their combined frontage may be used to satisfy the lot frontage requirement. cc. See §III.B.4 of the Natick Zoning By-Law. dd. Minimum front, side and rear yards exclude staircases, ramps and other facilities required by law for the safe use of the structure. ee. Across the lots or lots constituting a Small or Large Corporate Campus Parcel.

Open Space per Lot: Any structure in existence on January 1, 1987 may be altered and improved without increasing the open space in existence on January 1, 1987. (Art 47 S.T.M. April 7, 1987) SECTION V – SPECIAL REQUIREMENTS