Chapter 240Zoning

Except as provided in Subsection F(2), preexisting nonconforming uses or structures may not be changed, altered, or extended unless there is a finding by the permit granting authority designated in Subsection G of this bylaw that such change, extension or alteration is not substantially more detrimental to the neighborhood.

With respect to either (i) conforming structures on legally preexisting nonconforming lots which comply with all existing setback, height and dimensional requirements, or (ii) legally preexisting nonconforming structures on conforming lots, changes, alterations and extensions may be approved by the Building Inspector without the need for a finding by the Board of Appeals, provided that such changes, alterations or extensions also comply with all existing setback, height, and dimensional requirements and do not exceed 1,000 square feet.

The Board of Appeals shall be the permit granting authority for any application for a finding under Subsection F, except the Planning Board shall be the permit granting authority with respect to applications concerning structures or uses in the business district.

The applicant for a finding hereunder shall file the original and two copies of his application for said finding with the Town Clerk as filing agent for the appropriate permit granting authority, and shall forthwith file a separate signed copy thereof for the records of the Town Clerk as required under MGL c. 40A, § 9. Upon its receipt of such application, the permit granting authority shall submit one copy thereof to the Select Board and one copy to either the Planning Board or the Board of Appeals, as the case may be, for its review and written recommendations. Each such Board shall make such recommendations as it deems appropriate and shall send copies thereof to the permit granting authority and the applicant. The failure of either Board to make written recommendations within 35 days from its receipt of such application shall be deemed to be lack of opposition thereto.

Amended 25 April 2023 (ATM by Art. 23)

Each application filed for a finding hereunder shall comply with the rules of the permit granting authority relative to the granting of special permits. The permit granting authority hereunder shall hear an application for a finding in full compliance with the time limitations and all other procedural requirements specified in Chapter 40A of the General Laws and Article VI of this bylaw.

One additional dwelling unit accessory to a Single-family home, contained within the home or in an accessory building, provided:

Such use is clearly incidental and secondary to the use of the premises for residential purposes;

No person other than a resident of the premises is employed thereon in connection with such use, and no more than one member of the public is served at one time;

No offensive noise, vibration, smoke, dust, fumes, odors, heat, glare or unsightliness is produced;

There is no exterior storage of material or equipment, including the parking of commercial vehicles, and no other exterior indication of such use or variation from the residential character of the premises.

Such is clearly incidental and secondary to the use of the premises for residential purposes;

One person other than a resident of the premises may be employed thereon in connection with such use and no more than one member of the public is served at one time, except as otherwise permitted by the Board of Appeals;

No offensive noise, vibration, smoke, dust, fumes, odors, heat, glare or unsightliness is produced;

There is no public display of goods or wares and there are no signs except as permitted in § 240-5.2;

There is no exterior storage of material or equipment, including the parking of commercial vehicles and no other exterior indication of such use or variation from the residential character of the premises, except as otherwise expressly permitted by the Board of Appeals.

The permit shall indicate which of the above mentioned uses is covered;

The permit shall indicate the number of horses which may be stabled on the premises at any time;

The permit shall be limited to a maximum of two years, but may be renewed for like periods, subject to application and hearing as in the case of the original permit;

There shall be no sale of tack or other supplies;

A permit issued hereunder shall not relieve the owner from the necessity of obtaining a license from the Select Board under MGL c. 111, § 158 (so long as the Town has fewer than 5,000 inhabitants) or from the Board of Health under MGL c. 111, § 155 (if the Town has more than 5,000 inhabitants), shall not limit the powers of the Board of Health under MGL c. 111, § 31, or other applicable statutes or regulations, and shall not affect the power of the Department of Agriculture under MGL c. 128, §§ 2A and 2B.

Single-family detached dwelling, together with accessory buildings, containing in the dwelling or in an existing accessory building one additional housekeeping unit, or a building designed or used for any nonresidential purpose containing one additional housekeeping unit physically separated within the building from the nonresidential use, provided as follows:

Such unit shall meet the criteria for "Local Initiative Project" as defined in 760 CMR 56.00 (as the same may be amended from time to time), including the following:

The special permit granting authority shall be satisfied that, upon the termination or expiration of the special permit, the facilities of such unit can readily be removed or, alternatively, reintegrated with the dwelling to produce an allowed use of the property under Article III of the bylaws.

The gross floor area of such unit shall not exceed the lesser of 1,200 square feet or 30% of the gross floor area of the dwelling (including any addition thereto for such unit).

The installation of such unit and any use thereof shall be permitted only upon the issuance of a special permit by the special permit granting authority in compliance with the procedures set forth in Article VI of the Zoning Bylaw.

The special permit described in this Subsection (27) may be issued for the duration of such occupancy; provided, however, that the permit shall automatically expire on the second year anniversary of its issuance unless the period is extended for one or more additional two year periods upon the filing by the owner(s) of a sworn affidavit with the Town Clerk, with a copy to the Zoning Board of Appeals, certifying occupancy consistent with the special permit and this Subsection (27) of the bylaw.

The Inspector of Buildings may, in addition to other remedies, order removal of the separate kitchen facilities, equipment, fixtures, interior alterations, any separate metering of utilities, and any structural changes, or any or all of them, that were installed to create such unit, if the lawful use of such unit has expired or been terminated.

The applicant for a special permit for such unit shall file with the special permit granting authority such plans, specifications and other instruments concerning the proposed unit and the subsequent use therefor as the special permit granting authority may reasonably require by general rule or by request to the applicant.

After issuance of any special permit pursuant to this Subsection (27), the Select Board shall make application to the Department of Community Affairs for certification that the unit so permitted is a "Local Initiative Project" to count towards the Town's statutory obligations under Chapter 40B of the General Laws of the Commonwealth, all in accordance with the application procedures set forth in 760 CMR 56.00.

Such use is clearly incidental and secondary to the use of the property for municipal purposes;

Such use occupies a maximum of 250 square feet;

The use provides a service that is necessary or convenient for Sherborn residents;

No offensive noise, vibration, smoke, dust, fumes, odors, heat, glare or unsightliness is produced;

There is no exterior storage of material or equipment, including the parking of commercial vehicles;

Such use in any district shall be reviewed and approved in accordance with § 240-5.3A.

Sound emitted from the event must cease promptly at 10:30 p.m. on Fridays and Saturdays and 9:00 p.m. Sunday. Sundays before a Monday holiday shall follow the Saturday rules. Exceptions may be granted by the ZBA for weekdays during May through October as part of the special permit.

The measurement of sound or noise shall be made with a sound-level meter meeting the standards prescribed by ANSI S1.4 - 1971 Type 1 or Type 2. The instrument shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. During measurement, the microphone shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured. The maximum acceptable sound level shall be 75 dBA as measured at the complainant location or that portion of the public way closest to the complainant.

The Zoning Board of Appeals shall adopt regulations specifying who provides the sound-level meter and the method of measurement, and may impose additional conditions on any special permit.

Sound emitted from the event must cease promptly at 10:30 p.m. on Fridays and Saturdays and 9:00 p.m. Sunday. Sundays prior to a Monday holiday shall follow the Saturday rules. Exceptions may be granted by the Planning Board for weekdays during May through October as part of the site plan review.

The measurement of sound or noise shall be made with a sound-level meter meeting the standards prescribed by ANSI S1.4 - 1971 Type 1 or Type 2. The instrument shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. During measurement, the microphone shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured. The maximum acceptable sound level shall be 75 dBA as measured at the complainant location or that portion of the public way closest to the complainant.

The structure meets the minimum required front setback requirements shown in § 240-4.2;

The structure is not permanent in nature;

Its area is not more than 250 square feet;

Its maximum height is 1.5 stories to allow for a pitched roof, and its height shall not exceed the distance to the nearest lot line;

The structure shall not be used for the parking or storage of automobiles.

Applications for permit under this section shall be prepared in triplicate, and filed with the Town Clerk as follows:

Upon receipt of said application, the Town Clerk shall forthwith transmit one copy to the Planning Board and one copy to the Board of Appeals.

Be prepared by a registered land surveyor in accordance with the rules of the Planning Board in such form as will be required for recording with the Middlesex South Registry of Deeds or filing with the Land Court.

Show all lot lines, existing and proposed, all existing buildings, structures, walls, wells, fences, rock ridges and outcroppings, watercourses, wetlands, septic systems, and floodplain areas, locations of all rights-of-way and easements on the lot and rights-of-way and easements on abutting land which are appurtenant to the lot and contours of the existing and finished grades of the access at two-foot intervals and contours of the balance of the lot at not more than five-foot intervals.

Show the location, width and center line of all existing and proposed access roadways, necessary drainage facilities, all filling, cutting and grading required for the construction thereof, and shall include a profile sheet showing the present and finished grades of such roadways.

Contain a locus plan showing the location of the proposed Section 4.4 and complying lot with respect to surrounding lots and streets.

Frontage and width. The Section 4.4 lot shall have at least 50 feet of frontage on a public street and shall be at least 50 feet wide at every point.

Building limitations. Not more than one single-family dwelling is to be located on each of the Section 4.4 lot and the complying lot. No such single-family dwelling may be located on the proposed Section 4.4 lot at the time of application or approval of the special permit. The special permit shall contain a recorded restriction against further division of the Section 4.4 lot creating any additional building lots.

Adequate access. There will be adequate actual access from the street to the single-family dwelling located or to be located on the Section 4.4 lot and the complying lot, respectively. The access to the Section 4.4 lot shall be within the boundary lines of the Section 4.4 lot and not subject to any public or private easement or easements unless the Planning Board finds that such easement or easements will have no effect or only minimal effect on the proposed use of the access, in which case the Planning Board may waive the foregoing provision and include a finding supporting such waiver in its decision hereunder.

Lot size. The Section 4.4 lot shall contain at least twice the required minimum lot size of the residence district in which it is located.

Additional setbacks.

Underground utilities. All utilities will be installed underground unless the Planning Board specifically finds that above ground utilities will have minimal impact on adjacent lots.

Driveway Bylaw compliance. Both the Section 4.4 lot and the complying lot comply with the Sherborn Driveway Bylaw.

Size, and regularity of shape of the Section 4.4 lot and the complying lot.

Proximity of the access to the Section 4.4 lot and the complying lot to each other and to other roadways or driveway openings.

Adequacy of the street(s) on which the lots front for vehicular traffic, from the standpoint of both capacity and safety.

The extent to which the frontage provided is less than that required by § 240-4.2.

The extent to which the Section 4.4 lot and the complying lot will be in harmony with the general purpose and intent of the Zoning Bylaw.

The possibility of future division or subdivision of the complying lot.

The effect of the creation and development of the proposed Section 4.4 lot on scenic or natural qualities of the land in comparison to alternative possible plans for dividing or subdividing the original lot.

Further the goals and recommendations of the Sherborn Master Plan and Open Space and Recreation Plan:

Establish open space subdivision design as a preferred alternative to conventional subdivisions, in order to consume less open land and preserve environmental resilience while providing for present and future housing needs;

Enable landowners to realize equity from development of a limited percentage of their land while preserving conservation, agricultural, forestry or recreational uses on the majority of the property;

Expedite the permitting of projects that fulfill the objectives and requirements of this bylaw;

Facilitate the construction and maintenance of housing, streets, utilities, and public services in a more economical and efficient manner while minimizing the total area of disturbance of the site; and

Promote the incorporation of low-impact development and green infrastructure features into development designs.

Open space subdivisions are allowed by right under zoning and may be proposed anywhere within the R-A, R-B and R-C Districts. Open space subdivisions shall be subject to the requirements of the Sherborn Zoning Bylaw except as noted otherwise in this (§ 240-4.5) section and the Subdivision Rules and Regulations of the Sherborn Planning Board as applicable.

Amended 25 April 2023 (ATM by Art. 23)

Subsection A above applies only to subdivisions of land as defined in MGL c. 41, § 81L, and not to construction of homes on individual house lots that existed prior to the date of adoption of this bylaw, or to house lots created through the "approval not required" (ANR) process with frontage on public ways in existence at the date of adoption of this bylaw.

All subdivision applications received after the effective date of this bylaw shall comply with the provisions of this open space subdivision section, unless the Planning Board allows a development that deviates from the requirements of this section by special permit. Such deviations, including conventional subdivision designs, may be approved if the applicant demonstrates that the proposed alternative development configuration provides protection of the site's environmental resources and fulfills the purposes of this section as well or better than an open space subdivision.

Amended 25 April 2023 (ATM by Art. 23)

If the proposed open space subdivision involves a special permit(s) for one or more common driveways, or any other use that requires a special permit, the proceedings for all such special permits and the site plan review for lot configuration shall occur in one consolidated special permit proceeding before the Planning Board.

Number of dwelling units allowed.

"An open space subdivision shall have no more residential units than the number of units that would be allowed in a conventional subdivision on the parcel of land that is the subject of the application, documented by a conventional subdivision general layout as defined in the Planning Board Rules and Regulations, submitted by the applicant."

Parcels in more than one zoning district. For parcels in more than one district, the allowable residential unit count for each district shall be computed separately first. These unit count totals shall be added together and then rounded down to the nearest whole number as above.

Open space subdivision layout. The developed areas and protected open space shall be placed within the parcel in a manner that best fits the characteristics of the land and the purposes of this bylaw, in particular the protection of clean groundwater resources and environmental resiliency.

Housing types.

Objectives. Residential units shall be located and arranged in a way that advances the open space and resource conservation objectives of this bylaw, i.e., to protect: views from roads and other publicly accessible points; farmland; wildlife habitat; large intact forest areas; hilltops and steep slopes; ponds, wetlands and groundwater resources; and other sensitive environmental resources.

Amended 25 April 2023 (ATM by Art. 23)

Monumentation. Monumentation of a type consistent with the use of the open space, and approved by the Planning Board, shall clearly delineate the boundaries of the protected open space in a manner that facilitates monitoring and enforcement.

Area. There is no required minimum lot size for zoning purposes. The limiting factors on lot size and placement for each single-family structure or specially permitted duplex in an open space subdivision are the need for 1) adequate water supply and sewage disposal for each residential unit, 2) protection of the quality and quantity of current and future groundwater resources on abutting properties, 3) prevention of negative impacts on wetlands on or near the subdivision, and compliance with the other provisions of this bylaw.

Infrastructure. Board of Health regulations regarding water supply protection and the disposal of wastewater, and Conservation Commission regulations regarding wetland protection, shall apply. Protection of clean water resources will be a primary factor in Planning Board decisions regarding placement of residential units and overall subdivision design. For any proposed subdivision design, in particular layouts that may require clustered or shared septic systems, the Planning Board shall forward concept sketches and/or preliminary plans to the Conservation Commission and Board of Health for comment. Clustered or shared septic systems are likely to require setbacks greater than standard single-family systems to prevent negative impacts on wetlands, drinking water wells and groundwater, or environmental resiliency, and therefore may require specific analyses to help determine such setbacks, and subsequent monitoring to determine their effectiveness.

Frontage and vehicular access. Open space subdivision lots have no numerical requirement for lot frontage. Any open space subdivision lot must have functional vehicular access only to the internal subdivision road. Vehicular access via a common driveway to an internal subdivision road (but not to an existing road) may be approved by special permit. Open space subdivision lots that have frontage on an existing public road must maintain a wooded or appropriately vegetated buffer zone between the existing road right-of-way and the subdivision buildings, of sufficient length and depth to visually screen the buildings on that lot and preserve the scenic quality of the road.

Amended 15 May 2021 (ATM by Art. 14), 25 April 2023 (ATM by Art. 23)

Setbacks. The minimum setback of any building from an existing public road shall be 100 feet. The minimum setback of any building from an internal open space subdivision road shall be 30 feet. The minimum setback of any building from the property line of an abutting property not part of the open space subdivision shall be 60 feet. The minimum distance between residential buildings within the open space subdivision shall be 30 feet. The minimum distance between an open space subdivision residential building and an abutter's residential building shall be 100 feet. Accessory sheds as defined in Zoning Bylaw § 240-4.1A shall be allowed, provided that they are at least 10 feet from the adjacent internal subdivision lot line, and set back from the lot lines of abutting nonsubdivision properties as specified in § 240-4.1A.

Amended 25 April 2023 (ATM by Art. 23)

Minimum area.

Contiguity of open space. Preserved open space shall be contiguous to the greatest extent practicable. Noncontiguous areas of open space may be allowed if they are shown to provide better protection of areas of high conservation value or to provide continuity with open space on adjacent lands. In such cases, applicants shall attempt to connect these resource areas to the greatest extent practicable through the use of vegetated corridors. Open space will still be considered contiguous if it is crossed by a shared driveway, roadway, or an accessory amenity such as a paved pathway or trail, as long as a functional wildlife corridor is maintained. If the open space is maintained for agricultural uses, open space areas will be considered contiguous if separated by a barn or storage shed.

Permanent conservation of the required open space.

Amended 25 April 2023 (ATM by Art. 23)

Timing. Any restriction or other legal document necessary to permanently conserve open space as required herein shall be recorded prior to the release of any lots in a subdivision or prior to the issuance of any building permits.

Allowable use of the open space. Such land shall be perpetually kept in an open state, preserved exclusively for the purposes set forth herein and in the deed and/or in the restriction, and maintained in a manner which will ensure its suitability for its intended purposes. Proposed use(s) of the open space consistent with this section shall be specified in the application.

Prohibited use of the open space. The open space within an open space subdivision shall be perpetually kept in an open state, preserved exclusively for the purposes set forth in Subsection G(5) of this bylaw, and maintained in a manner that will ensure its suitability for its intended purposes. Expressly prohibited uses, if not specifically permitted as an allowable use, include but are not limited to the following:

At the applicant's discretion and the grantee's acceptance, the open space may be owned in fee by:

If ownership option H(1)(d) is selected the following shall apply:

Selection of ownership option H(1)(a), (b) or (d) requires:

Maintenance standards. The Planning Board shall require the establishment of ongoing maintenance standards as a condition of development approval to ensure that utilities are properly maintained and the open space land is not encroached upon, or used for storage or dumping of refuse, junk, or other offensive or hazardous materials. Such standards shall be enforceable by the Town against any owner of open space land, including an HOA.

Enforcement of maintenance standards.

Provide for greater integration of land uses within the Town Center;

Preserve historic buildings by providing economically viable uses for them;

Relieve congestion by providing linked access and parking;

Perpetuate and enhance the appearance of Sherborn's traditional small town New England center; and

Promote better building location and overall site planning than may be possible under traditional zoning, while retaining standard setbacks from other properties not part of the planned unit development.

No property shall be the subject of an application for a special permit under this section unless at least 25% of such property is within the Business G or Business P Districts and unless such property is at least 60,000 square feet in total area and has frontage within a Business G or Business P District.

The Planning Board may, by issuing a special permit, vary the otherwise applicable dimensional requirements of § 240-4.2, other than provisions as to height and maximum lot coverage, provided that a special permit may not issue for a proposed planned unit development unless the applicant shows:

Notwithstanding anything in § 240-3.2, Schedule of Use Regulations, to the contrary, a planned unit development may include anywhere within its boundaries any mix of uses currently allowed or permitted in the Business G or Business P Districts except:

Amended 25 April 2023 (ATM by Art. 23)

An application for a special permit under § 240-4.6 shall consist of:

The Planning Board may, upon request of an applicant, and for good cause shown, waive or modify any requirement of this Subsection E in connection with a particular application.

Seven copies of applications for special permit under this section shall be prepared and filed with the Town Clerk as follows:

Immediately upon receipt of an application under this section and the filing fee associated therewith, the Town Clerk shall transmit three copies to the Planning Board, and for their review and comment, one copy to the Board of Appeals, one copy to the Board of Health, and one copy to the Conservation Commission.

The proposed planned unit development meets all the requirements of this section;

The proposed planned unit development is sufficiently advantageous to render it appropriate to grant special permission to depart from the normal requirements of the district; and

The creation of the development according to the plan will not result in a detrimental impact to the neighborhood or the Town, and such development is designed with due consideration for health and safety factors.

Any special permit hereunder shall include as a condition the requirement that there be no further subdivision of the portion of the lot subject to the planned unit development;

A special permit issued under this section shall incorporate such additional conditions as are appropriate to further the purposes of this bylaw; and

It shall be a condition to the exercise and validity of any special permit under this section that an as-built plan certifying conformance to the approved site plan be submitted to the Planning Board and Building Department within 30 days after completion of the authorized site changes.

To provide for the establishment of registered marijuana treatment centers in appropriate places and under strict conditions in accordance with Chapter 369 of the Acts of 2012, and as further regulated under 935 CMR 501.00.

To minimize the adverse impacts of registered marijuana treatment centers on adjacent properties, residential neighborhoods, schools, local historic districts, and other land uses potentially incompatible with said RMDs.

To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of RMDs.

The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as an RMD under this § 240-4.7.

Amended 25 April 2023 (ATM by Art. 23)

No RMD shall be established except in compliance with the provisions of this § 240-4.7.

Nothing in this section shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.

Amended 25 April 2023 (ATM by Art. 23)

If any provision of this section or the application of any such provision to any person or circumstance shall be invalid, the reminder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provision of this section are severable.

All RMDs shall be contained within a building or structure unless exempted under MGL c. 40A, § 3.

No RMD shall be located within 500 feet of the property line of any school, playground or athletic fields.

Size standards:

An RMD shall not be located in buildings that contain any medical doctors' offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

The hours of operation of an RMD shall be set by the special permit granting authority, but in no event shall an RMD be open and/or operating between the hours of 8:00 p.m. and 8:00 a.m.

No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of an RMD.

No RMD shall be located inside a building containing residential units. All RMDs shall be contained within a permanent building or structure. No RMD shall be located inside a movable or mobile structure such as a van, trailer, cargo container or truck.

Signage for the RMD 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 inches in height.

RMD shall provide the Sherborn Police Department, Building Inspector and the special permit granting authority with the names, phone numbers and email addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the establishment.

An RMD shall only be allowed by special permit from the Sherborn Planning Board in accordance with MGL c. 40A, § 9, subject to the following statements, regulations, requirements, conditions and limitations.

Amended 25 April 2023 (ATM by Art. 23)

A special permit for an RMD shall be limited to one or more of the following uses that shall be prescribed by the special permit granting authority:

Amended 25 April 2023 (ATM by Art. 23)

In addition to the application requirements set forth in Subsection E of this section, a special permit application for an RMD shall include the following:

Amended 25 April 2023 (ATM by Art. 23)

Mandatory findings. The special permit authority shall not issue a special permit for an RMD unless it finds that:

Amended 25 April 2023 (ATM by Art. 23)

Annual reporting. Each RMD permitted under this bylaw shall as a condition of its special permit file an annual report with the special permit granting authority, Police Chief and the Building Inspector no later than January 31, providing a copy of all current applicable state licenses for the RMD and/or its owners and demonstrate continued compliance with the conditions of the special permit.

A special permit granted under this section shall have a term limited to the duration of the applicant's ownership of the premises as an RMD. A special permit may be transferred only with the approval of the special permit granting authority in the form of an amendment to the special permit with all information required in this § 240-4.7.

Amended 25 April 2023 (ATM by Art. 23)

The Board shall require the applicant to post a bond at the time of construction to cover costs for the removal of the RMD in the event the Town must remove the facility. The value of the bond shall be based upon the ability to completely remove all the items noted in Subsection G(2) and properly clean the facility at prevailing wages. The value of the bond shall be developed based upon the applicant providing the Planning Board with three written bids to meet the noted requirements. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and adequate funds for the town to remove the facility at prevailing wages.

A special permit shall lapse if not exercised within one year, which shall not include such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof if a substantial use has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause.

An RMD shall be required to remove all material, plants equipment and other paraphernalia:

Amended 25 April 2023 (ATM by Art. 23)

Affordable housing produced through this section should comply with the requirements set forth in MGL c. 40B, §§ 20 to 23, and related regulations, guidelines issued by Massachusetts Executive Office of Housing and Livable Communities (EOHLC), and other affordable housing programs developed by the Commonwealth of Massachusetts and/or the Town of Sherborn. EOHLC each year provides formulations to define "eligible households," "affordable housing," "subsidized housing inventory (SHI)" and similar terms used throughout this section.

The purpose of this affordable housing (also known as "inclusionary zoning") section is to create housing opportunities in Sherborn for people of varying ages and income levels; to increase the supply of affordable housing for eligible households with low and moderate incomes; to promote a mix and geographic distribution of affordable housing throughout the Town; to provide housing options for people who work in Sherborn; and to create housing units eligible for listing in the subsidized housing inventory.

No proposed development (project) shall be phased solely to avoid the provisions of the affordable housing requirements in this section.

If a project is phased such that the duration between completion of one phase and the initiation of the next phase is less than five years, the affordable housing requirements in this section shall apply to the aggregate project.

If the project is phased, the affordable housing units shall not be delayed to the last phase.

A project may not be segmented to avoid the provisions of this section, nor may a developer divide or subdivide property or establish surrogate or subsidiary business entities to avoid the provisions of this section. If a project is segmented, subdivided, or held under surrogate or subsidiary business entities, the affordable housing requirements in this section shall apply to the aggregate project.

This section shall apply to the following uses:

This section shall not apply to the construction of single-family dwellings on individual lots if said lots were in existence prior to the effective date of this section.

Except as otherwise provided for in Subsection D(3), in any development subject to this section, 10% of the dwelling units in such development shall be affordable housing units.

A fractional affordable housing unit of 0.5 or higher shall be rounded up to the next whole number. Fractional housing units of less than 0.5 shall require a cash payment to the Sherborn Affordable Housing Trust as specified in Subsection D(3). The applicant may choose to have the fractional housing unit of less than 0.5 rounded up to the next whole number, rather than converted to a cash payment.

Any affordable housing unit shall have a deed rider to regulate the future resale of the property.

On-site units. Construction of affordable housing units within the development shall be permitted by right. The following conditions shall apply:

Off-site units. Creation of affordable housing units on a lot or parcel that is not included in the subject development may be approved by the Planning Board. The following conditions shall apply:

Payment in lieu of affordable housing units.

The permit application for the proposed development shall include a plan showing the proposed locations of the affordable housing units.

Newly constructed on- and off-site affordable housing units shall:

Off-site rehabilitated units for affordable housing shall comply at a minimum with the following criteria:

Newly constructed affordable housing units shall contain at least the minimum amount of interior living space, excluding basement space, as specified in the EOHLC LIP Design and Construction Guidance.

In the case of existing off-site dwelling units purchased and resold or rented as affordable housing units with an appropriate deed restriction, the Planning Board may make reasonable exceptions for the size and number of bedrooms.

The owners and tenants of market-rate and on-site affordable housing units shall have the same rights and privileges to use any common amenities within the development.

The Building Commissioner may inspect the premises to ensure that the developer has complied with these requirements and if necessary, require reasonable changes to achieve compliance.

The initial affordable purchase price shall comply with the EOHLC LIP Guidelines in effect when the regulatory agreement is filed with EOHLC. The regulatory agreement is a comprehensive agreement among the Town, developer and EOHLC which defines the responsibility for monitoring and enforcing the affordable unit in perpetuity. It determines the calculations used to determine an affordable purchase price that is consistent with the terms, rates, fees, down payments, and other requirements of first-time homebuyer mortgage products available from lending institutions licensed by the Commonwealth of Massachusetts in accordance with the requirements of EOHLC.

In a rental project, the initial affordable rent shall comply with applicable EOHLC requirements and LIP Guidelines.

Marketing plan for affordable housing units. The applicant shall select qualified purchasers and renters via lottery under an affirmative fair housing marketing plan prepared and submitted by the Applicant and approved by the Planning Board in consultation with the Sherborn Affordable Housing Trust. The marketing plan shall comply with LIP Guidelines in effect on the date of filing the regulatory agreement with EOHLC.

Regulatory agreement. For both ownership and rental projects, the applicant shall prepare the regulatory agreement in consultation with and for approval by the Town of Sherborn and EOHLC. Said regulatory agreement will be executed by EOHLC, the Town of Sherborn, and the applicant. The applicant shall record the regulatory agreement with the Middlesex County Registry of Deeds or Registry District of the Land Court.

Deed restriction. The applicant shall prepare a deed rider for each affordable housing unit that is consistent with that used in the LIP and the regulatory agreement to be recorded with the Middlesex County Registry of Deeds or Registry District of the Land Court.

On-site affordable housing units shall be constructed in accordance with table below. Proportionality shall be determined by the number of building permits issued for affordable and market-rate units. In accordance with the table, affordable housing units shall not be the last units to be built in any development that is subject to this section.

Construction or rehabilitation of off-site affordable housing units shall follow the same schedule as for on-site units in the Schedule for Completion of Affordable Housing Units table.

In the case of payments in lieu of affordable housing units, the following methods of payment may be used at the option of the applicant:

Homeownership and rental affordable housing units provided under this section shall be subject to the requirements of guidelines issued by EOHLC and an EOHLC-approved deed rider that complies with LIP requirements as they may be amended for inclusion in the Chapter 40B Subsidized Housing Inventory and is enforceable under MGL c. 184, § 26, or MGL c. 184, §§ 31 to 32. Affordable housing units required by and provided under the provisions of this section shall remain affordable to the designated income group in perpetuity, or for as long as legally permissible.

No building permit for any unit in a development subject to this section shall be issued until the Town has approved the regulatory agreement and the applicant has submitted it to EOHLC. Further, the building permit representing 51% of the development shall not be issued until the regulatory agreement has been approved by EOHLC and recorded with the Middlesex County Registry of Deeds or Registry District of the Land Court.

For homeownership units, issuance of the certificate of occupancy for any affordable housing unit is contingent on an EOHLC-approved deed rider signed by the qualified purchaser and recorded with the Middlesex County Registry of Deeds or Registry District of the Land Court.

Subsequent resale of an affordable housing unit shall be made to a qualified affordable housing purchaser in accordance with the deed restriction.

The purchaser of an affordable housing unit shall execute a deed rider in a form provided by the EOHLC, granting, among other things, the Town of Sherborn the right of first refusal to purchase the property in the event that a subsequent qualified purchaser cannot be found.

A strip four feet wide, densely planted with shrubs or trees at least four feet in height; or

A solid wall or fence not less than four feet nor more than six feet in height.

Any sign not expressly allowed or permitted or exempted under this bylaw is prohibited.

No sign shall be erected at or near the intersection of any streets or a street and driveway in such a manner as to obstruct free and clear vision or erected at any location where for any reasons it may interfere with or obstruct the view of or which by reason of its shape, color, location or other characteristics could be confused with any traffic sign, signal or device.

No sign shall be painted or posted directly on a window or affixed to an exterior wall except as permitted under Subsection G(2)(e)[3].

No sign shall be affixed in any way to or from a part of any cupola, tower, spire, chimney, enclosure or other object or structure located on or above the roof of any building.

Graphics. Sign graphics shall be painted, carved or otherwise permanently affixed with no moving, movable or animated elements except that secondary signs may utilize changeable type or messages, not of an electronic nature.

Illumination. Sign illumination is limited to a fixed white light from an external source either incorporated in the sign structure or set in the ground nearby. Illumination shall not incorporate tube-type gaseous or "neon" elements, nor internal light sources, and shall be directed solely at the sign with glare shielded from the street or abutting premises. No sign shall be illuminated between the hours of 10 o'clock p.m. and 6 o'clock a.m., except that if the business establishment or office is open to the public after 10 o'clock p.m., the sign may be illuminated until closing but not later than midnight.

Construction. All primary building signs shall be securely affixed to a substantial intermediary surface which shall be securely yet removable affixed to the building and shall conform to the State Building Code and all other applicable governmental requirements. Maximum area of such signs shall be 30 square feet. Area of signs composed of separate letters affixed to the wall of a building shall be deemed to be the area of the smallest rectangle enclosing and touching any parts thereof.

Location. All permanent signs shall be set back no less than 10 feet from the edge of the pavement of any street. Traffic and parking signs shall be excluded.

Permit granting authority. The Board of Appeals is the permit granting authority for all signs except for those signs allowed by Subsection D.

Special permits for temporary signs shall conform to the applicable provisions of Subsection C and these additional requirements.

Such signs shall be unlit.

The special permit granted for such signs shall specify the exact dimensions, type, appearances and location of such sign, the period of display and such further restrictions and conditions as deemed to be in the public interest.

Signs expressly protected by any constitution, or law of the federal or state government.

Signs erected on Town property under the authority of the Town of Sherborn.

Nonconforming signs as provided for in § 240-1.4E of this bylaw.

Any sign, not exceeding four square feet in area, limited solely to directing traffic within a parking area or indicating parking restrictions in the use of such parking area.

Any sign not exceeding one square foot in area, marking or identifying a foot or bridle path over privately owned land.

Customary signs on gasoline pumps and the price thereof.

Holiday decorations and lights in season.

Religious organization and nonprofit educational organization are permitted to erect and maintain on each lot upon which a church, synagogue, place of worship or other facility used by the religious organization or nonprofit educational organization directly to foster its religious or educational purposes, a sign or signs meeting the following criteria:

Any sign, not exceeding three square feet in area, that:

Allowed permanent signs.

Specially permitted permanent signs. The Board of Appeals may grant a special permit for a primary ground sign for business, professional or other lawful use allowed or permitted under § 240-3.2, Subsections (6) through (11), inclusive, § 240-3.2, Subsections (14), (15) and (26). Such sign shall conform with all applicable provisions of Subsection C and the following additional requirements:

Allowed temporary signs. One temporary primary ground sign is allowed on any lot in a residence district to advertise the sale, rental or lease of the premises or any part thereof, or to identify owner, architect, engineer, contractor and/or other participation in construction work thereon. Such sign shall conform with all applicable provisions of Subsection C and the following additional requirements:

Specially permitted temporary signs for subdivisions. The Board of Appeals may grant a special permit for one temporary primary ground sign in each residential subdivision of six or more approved lots for the purpose of advertising the development and/or the sale, rental or lease of the individual lots thereon. Such a sign shall conform to the applicable provisions of Subsection C and the following additional requirements:

All special permits for signs granted under this Subsection G shall specify the exact type, dimensions, location and appearance of such signs along with other conditions and restrictions deemed to be in the public interest.

No sign shall be allowed in a business district except those allowed in residence districts, and/or primary signs or secondary signs complying with the following requirements:

Amended 25 April 2023 (ATM by Art. 23)

Preliminary site plan review.

Special permits for site changes in the business district.

Amendment to site plan.

The Board of Appeals shall be the special permit granting authority for any application for a permissive use in a business district. The applicant for a permissive use hereunder shall file the original and two copies of his application for such use with the Town Clerk as filing agent for the Board of Appeals, and shall forthwith file a separate signed copy thereof for the records of the Town Clerk as required under MGL c. 40A, § 9. Upon its receipt of such application, the Board of Appeals shall submit one copy thereof to the Select Board and one copy to the Planning Board for their review and written recommendations. Each such Board shall make such recommendations as it deems appropriate and shall send copies thereof to the Board of Appeals and the applicant. The failure of either Board to make written recommendations within 35 days from its receipt of such applications shall be deemed to be lack of opposition thereto.

Each application filed for a permissive use hereunder shall comply with the rules of the Board of Appeals relative to the granting of special permits. The Board of Appeals, as the special permit granting authority hereunder, shall hear an application for a permissive use in full compliance with the time limitations and all other procedural requirements specified in Chapter 40A of the General Laws and Article VI of this bylaw.

Except as and to the extent exempted from local regulation by MGL c. 40A, § 3, all applicants for a building permit for interior or exterior construction in a residence district in connection with a use included in the Schedule of Use Regulations under § 240-3.2, Subsection (12) (Religious), or Subsection (13) (Educational) and all applicants for a driveway permit in connection with such use or proposed use in a residence district shall undergo site plan review in accordance with the substantive and procedural requirements of Subsection A(1) before a driveway permit or building permit can issue. For review under this Subsection C, the Planning Board may either approve the plan as submitted, as provided by Subsection A(1)(b)[1], or approve the plan subject to conditions, as provided for by Subsection A(1)(b)[2]. Activities on lots devoted to religious or nonprofit educational use at the present time shall not be subject to this provision.

The Planning Board shall be a review board as provided for in § 240-6.2B for all applications to the Board of Appeals for permissive uses in a residence district.

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

Eliminate new hazards to emergency response officials.

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

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

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

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

No building or structure may be erected in a Flood Plain District, with the exception that the Board of Appeals may grant a special permit in accordance with the provisions of § 240-6.2C for the construction or use of a building or structure which:

No dumping, filling, dredging, excavation, transfer, or removal of any material which will reduce the natural floodwater storage capacity of the land or will interfere with the natural flow of water over the land shall be permitted.

A portion of any lot in a Flood Plain District may be used to meet lot area requirements for the residential district over which the Flood Plain District is superimposed, provided that such portion in the Flood Plain District does not exceed 25% of the minimum lot area in Residence District A, 50% of the minimum lot area in Residence District B, and 60% of the minimum lot area in Residence District C. Land in the Flood Plain District may not be used to meet lot area requirements in business districts.

Whenever an application is made for a building permit which the Building Inspector believes may involve the use of land in the Flood Plain District, the Inspector shall require the applicant for such permit to provide, as part of such application, a plan of the lot on which such building is intended to be built showing the land contours at two-foot intervals, related to elevations above mean sea level, indicating the bench marks used and certified by a registered land surveyor.

In A, A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

Floodway data. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

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

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

Subdivisions and other developments. In applications for subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans. All subdivision proposals and development proposals in the Flood Plain District shall be reviewed to assure that:

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

All development in this district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following:

The Town of Sherborn requires a permit for all proposed construction or other development in the Flood Plain District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

The Town of Sherborn's permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the Flood Plain District. The proponent must acquire all necessary permits and must submit the completed checklist demonstrating that all necessary permits have been acquired.

A variance from this floodplain section must meet the requirements set out by state law, and may only be granted if:

If the state issues variances to the flood-resistant standards as found in the State Building Code, the community will use this text for local adoption:

Abrogation and greater restriction. The floodplain management regulations found in this Flood Plain District section shall take precedence over any less restrictive conflicting local laws, ordinances, or codes.

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

Floodplain administrator. The Town of Sherborn hereby designates the position of Building Inspector to be the official floodplain administrator.

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

The Planning Board shall be the special permit granting authority for multidwelling projects within a residence district and all relevant requirements set forth in § 240-6.2C and E with respect to special permits before the Board of Appeals shall apply to the Planning Board herein.

The applicant shall file his application for a special permit with the Planning Board and forthwith with the Town Clerk. Such application shall be accompanied by a final development plan which indicates full compliance with the requirements set forth in Subsection E below, and which includes, at a minimum, the following plans and supporting materials:

Lot size. Only lots six acres or larger may be rezoned for Residence EA District use for multidwelling projects.

Building occupancy. Multidwelling developments in Residence EA Districts shall be designated as one of the following categories:

Amended 2015

Density.

Special needs design. Building and site layout shall be specially designed for the needs of the elderly with particular attention to appropriate floor plans, safe and convenient ingress and egress from buildings, and parking, walks and ramps which meet current standards for the handicapped. Where possible, special facilities for meeting and communal social activities shall be provided.

Architectural design. The architectural scheme shall be harmonious within the project with respect to choice of materials, colors, style, detailing and massing, but rigidity and monotony are to be avoided by use of variations in building size, height, location, and rooflines and the judicious arrangement of landscaping elements and site features. The project shall also be harmonious with the surrounding buildings and insofar as is appropriate for the particular location, consistent with the architectural traditions of the Town.

Landscaping. All improvements shall be placed so as to leave undisturbed, as far as possible, the special environmental and historical features of the site, including especially woodlands, wetlands, ponds, streams, waterways, marshes, hilltops, ravines, biological habitats of special interest, views of unusual importance, continuous green belts, existing trails and bridle paths and historical monuments. The required setback buffer shall consist of natural woodlands wherever possible. Otherwise, indigenous trees and shrubs and other elements such as walls and earth berms shall be used to create effective screening. The applicant must submit a landscaping plan prepared by a registered architect or landscape architect which will be reviewed by the Planning Board for aesthetic effect.

Open space. At least 25% of the total area of all lots within a contiguous Residence EA District shall, except as provided below, remain unbuilt upon and set aside for conservation, outdoor recreation or park purposes or buffer areas. Such open land shall be in addition to required front, side and rear setback areas except in cases where the total open space, including such setback areas but excluding any land within 30 feet of a dwelling unit, exceeds 50% of the total lot area. The required open space may be in one or more parcels of a size and shape appropriate for the intended use and may be conveyed either to and accepted by the Town or its Conservation Commission, to a legal association comprised of the homeowners within each such lot, or to a nonprofit organization the principal purpose of which is the conservation of open space. Such open land shall be included in the total lot area for the purpose of computing the dwelling-unit density of the lot. The future ownership of such open land, which may differ from parcel to parcel, shall be specified by the Planning Board as a condition of the special permit, but when such open land is conveyed to persons other than the Town of Sherborn, the Town shall be granted an easement over such land sufficient to ensure its perpetual use as conservation, recreation or park land or buffer area.

Amended 2015

Utilities. All electrical, gas, telephone, water distribution and other utility and service lines shall be placed underground in accordance with the regulations of the respective utility companies and the rules and regulations of the Sherborn Planning Board adopted pursuant to MGL c. 41, § 81K et seq. Adequate methods shall be provided on the site for waste disposal and for surface and subsurface drainage in accordance with the regulations of the Health Department. Higher levels of treatment and monitoring of domestic water supply and wastewater, such as is provided by a public water system (PWS) and/or wastewater treatment plant (WWTP), that are each regulated and approved by the Massachusetts Department of Environmental Protection, are encouraged. Therefore, PWS and WWTP facilities may be located off-site if shown as part of a preliminary development plan, to the extent that such facilities are allowed or permitted on the off-site parcel.

Lighting. Lighting of parking and walkways shall be designed to provide sufficient uniform illumination with a low glare factor. The mounting heights shall be as appropriate for the architectural character and scale of the buildings, but all lights must be arranged and shielded to prevent direct glare from the light source onto any street or adjacent property.

The special permit shall incorporate by reference the preliminary development plan presented to the Town Meeting. The Planning Board may, in its discretion, permit deviations from the preliminary development plan presented to the Town Meeting; provided, however, that the Board shall not permit any increase in the dwelling unit density, nor shall it permit an increase greater than 10% in the total floor area. The Planning Board shall not authorize any nonresidential use other than shown in the preliminary development plan presented to the Town Meeting.

The Planning Board may require dwelling-unit density to be less than that shown on the preliminary development plan presented to the Town Meeting, if the Board determines that proper land use planning so requires, but in such event, the Board shall file with its decision the basis for its determination, including, among other factors, soil conditions, drainage, traffic or other neighborhood conditions brought to the Board's attention, and the provisions of the usable open space.

The Planning Board may permit the construction and use of facilities such as a community center or recreation center for the use of the elderly residents and their guests if the Board determines that the inclusion of such facilities would be appropriate to the site and to the project as designed.

In granting a special permit, the Planning Board shall impose as a condition thereof that the installation of services and construction of interior drives within the development shall comply with the requirements of the rules and regulations of the Sherborn Planning Board adopted pursuant to Chapter 40A and may impose such additional conditions and safeguards as public safety, welfare and convenience may require.

The Planning Board, upon application by the developer and after hearing, may amend a special permit previously granted, but only in accordance with the standards hereinbefore set out.

Subsequent to a special permit granted by the Planning Board under the provisions of this section, minor revisions may be made from time to time in accordance with applicable laws, bylaws and regulations, but the development under such special permit shall otherwise be in accordance with the submission accompanying the developer's application for a special permit, except as modified by the decision of the Planning Board of any such revision. If the Board determines such revisions not to be minor it shall order a public hearing.

The Planning Board may impose such conditions on the permit which limit or otherwise vary the allowability of uses listed in § 240-3.2 for Residence EA Districts where in its judgment such uses would be inappropriate in a multidwelling project context.

Such housing must be either subsidized housing units as defined in Chapter 40B of the General Laws of the Commonwealth or local initiative projects as defined in 760 CMR 56.00 (as the same may be amended from time to time), or affordable housing operated on the basis of substantial similarity with the goals and policies of Local Initiative Program as defined in 760 CMR 56.00.

Amended 25 April 2023 (ATM by Art. 23)

For local initiative projects, the following shall apply:

Promote public health, safety and welfare by encouraging the production of various housing sizes and types to provide equal access to new housing throughout the community to meet the various needs for people and households of all incomes, ages and sizes.

Preserve open space in a community by locating new housing within or adjacent to existing developed areas and infrastructure.

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

Applicability of MOD. An applicant may develop up to six acres of multi-family housing within an MOD per the provisions of § 240-5.7.

Maximum extent. The total maximum area of land that may be developed for multi-family housing at the by right density of 15 units per acre shall not exceed 6 acres within the MOD. Once the Planning Board has granted Site Plan Approval for a project or projects having a combined total area of 6 acres, no further development for multi-family housing at the by right density shall be allowed. No project shall be allowed that would result in development of more than a combined total of six acres for multi-family housing at the by right density with the MOD.

Underlying Zoning. The MOD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right in the MOD. Uses not identified in § 240-5.7 are governed by the underlying zoning district(s) requirements.

Density Protection.

AFFORDABLE UNIT — A multi-family housing unit that is subject to a use restriction recorded in is chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both.

AFFORDABLE HOUSING — Housing that contains Affordable Units eligible for listing in the EOHLC's Subsidized Housing Inventory.

APPLICANT — A person, or organization that applies for a building permit, Site Plan Review, or Special Permit.

AREA MEDIAN INCOME (AMI) — The median family income for the Boston- Cambridge-Quincy-MA-NH HUD metropolitan statistical region that includes the Town of Sherborn as defined by the U.S. Department of Housing and Urban Development (HUD).

AS OF RIGHT — Development that may proceed under the Zoning in place at the time of application without needing a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.

BUILDING COVERAGE — The maximum area of the lot that can be attributed to the footprint of the buildings (principal and accessory) on that lot. Building Coverage does not include surface parking.

COMPLIANCE GUIDELINES — Compliance Guidelines for Multi-family Zoning Districts Under Section 3A of the Zoning Act as further revised or amended by EOHLC from time to time.

EOHLC — The Executive Office of Housing and Livable Communities (formerly Department of Housing and Community Development, also known as DHCD) or any successor agency.

DEVELOPMENT STANDARDS — Provisions of § 240-5.7F General Development Standards made applicable to projects within the MOD.

MBTA — Massachusetts Bay Transportation Authority.

MULTI-FAMILY HOUSING — A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.

MULTI-FAMILY ZONING DISTRICT — A zoning district, either as a base district or an overlay district, in which multi-family housing is allowed as of right.

OPEN SPACE — Contiguous undeveloped land within the parcel boundary.

PARKING, SURFACE — One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for this definition.

RESIDENTIAL DWELLING UNIT — A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

SECTION 3A — Section 3A of Chapter 40A of the Massachusetts General Laws.

SITE PLAN REVIEW AUTHORITY — The Planning Board is responsible for Site plan review within the MOD.

SUBSIDIZED HOUSING INVENTORY (SHI) — A list of qualified Affordable Housing Units maintained by the EOHLC used to measure a community's stock of low- or-moderate-income housing for MGL Chapter 40B, the Comprehensive Permit Law.

Uses Permitted As of Right. The following uses are permitted as of right within the MOD. See § 240-3 of the Zoning Bylaws for all other uses allowed as of right in the underlying zones.

Accessory Uses. The following uses are considered accessory as of right to any of the permitted uses in Subsection D.

Table of Dimensional Standards. Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional requirements applicable in the MOD are as follows:

Multi-Building Lots. In the MOD, lots may have more than one principal building.

Exceptions. The limitation on height of buildings shall not apply to chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings, which features are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building.

Development standards in the MOD are applicable to all multi-family housing projects. These standards are components of the Site Plan Review process in Subsection I, Site Plan Review.

Site Design.

Buildings: General.

Buildings: Multiple buildings on a lot.

Buildings: Shared Outdoor Space. Multi-family housing shall have common outdoor space that all residents can access. Such space may be in any combination of courtyard, rooftop, or terrace. All outdoor space shall count towards the project's minimum Open Space requirement.

Buildings: Corner Lots. A building on a corner lot shall indicate a primary entrance either along one of the street-facing facades or on the primary corner as an entrance serving both streets.

Buildings: Infill Lots. If adjacent buildings comply with the minimum front setback requirements of § 240-5.7E, Dimensional Standards, infill buildings shall meet those requirements as well. Otherwise, infill buildings may match the setback line of either adjacent building or an average of the setback of the two buildings to provide consistency along the street.

Buildings: Principal Facade and Parking. Parking shall be subordinate in design and location to the principal building facade while minimizing the extent of impervious surface.

Waivers. Upon the request of the Applicant and subject to compliance with the Compliance Guidelines, the Site Plan Review Authority may waive the requirements of this Subsection G, General Development Standards, 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 MOD.

Applicability. Site Plan Review is required for any multi-family projects in the MOD. An application for Site Plan Review shall be reviewed by the Planning Board for consistency with the purpose and intent of Subsections D through H.

Submission Requirements. As part of any application for Site Plan Review for a project within the MOD submitted under Subsections G through H, the Applicant must submit the following documents to the Municipality:

Site Plan Approval. Site Plan approval for uses listed in Subsection D, Permitted Uses, shall be granted upon the determination by the Planning Board that the following conditions have been satisfied. The Site Plan Review Authority may impose reasonable conditions, at the applicant's expense, to ensure that these conditions have been satisfied.

Project Phasing. An Applicant may propose, in a Site Plan Review submission, that a project be developed in phases subject to the approval of the Site Plan Review Authority, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase. However, no project may be phased solely to avoid the provisions of Subsection H, Affordability Requirements.

It is the policy of the Town of Sherborn to encourage the location of personal wireless communications facilities in existing structures. Therefore, the establishment of personal wireless communications facilities shall not require any regulatory review or permits other than a building permit, provided that:

Additional facilities or equipment mounted on an existing commercial wireless communication tower, or structure supporting electric transmission lines, shall not be required to meet the "essentially not visible" standard, provided that (a) such facilities do not increase the height of the existing tower or structure beyond the height necessary to accommodate the dimensions of the antenna array, (b) the related equipment on the ground does meet the "essentially not visible" standard, and (c) the proposed access route already exists. Additional facilities or equipment proposed to be located on an existing commercial wireless communications tower that do not meet the standards of (b) or (c) shall undergo a preliminary site plan review in accordance with the substantive and procedural requirements of § 240-5.3A.

Amended 25 April 2023 (ATM by Art. 23)

Prior to the issuance of a building permit, plans for the proposed wireless communication facilities shall be submitted to the Planning Board in order that it may certify that the "essentially not visible" standard will be met or determine that a preliminary site plan review is necessary.

Wireless Communications Overlay District 1. This district shall include all land used for high-tension electrical transmission facilities by Boston Edison or any successor, whether by easement or in fee;

Amended 25 April 2023 (ATM by Art. 23)

Wireless Communications Overlay District 2. This district shall include that portion of Parcel 174A of Assessors' Map 11 that is not used for cemetery purposes and has an elevation greater than 70 meters above mean sea level, and that portion of Parcel 193 of Assessors' Map 12 that has an elevation greater than 70 meters above mean sea level.

All applications for new tower locations within Wireless Communications Overlay Districts are exempt from the height limitation of 35 feet specified in § 240-4.2. However, no tower shall be greater than 100 feet above ground level or, in Wireless Communications Overlay District 1 only, the elevation above mean sea level of the nearest electricity transmission line tower, whichever is higher. Omnidirectional (whip) antennas shall not be counted in the height calculation.

Amended 25 April 2023 (ATM by Art. 23)

All proposed new towers, in appropriate locations, may be required to accommodate the facilities of up to two carriers in addition to those of the applicant, depending on the resulting visual and environmental impacts of such additional capacity. This requirement shall not apply to "flagpole" type towers, or other camouflaged facilities, as applicable.

Wireless communications towers shall not be lighted unless the FAA requires such lighting, or the Planning Board requires such lighting to ensure public safety upon the advice of the Police and/or Fire Chiefs. Except in extreme circumstances, and in cases where the Planning Board finds that alternative scenarios are more deleterious to the Town, no proposed tower location shall be approved that requires lighting.

Each proposed new tower must include a "fall zone" equal to at least 100% of its height above ground level. If it is in the best interests of the Town to do so, this fall zone may be reduced by the Planning Board to as little as 50% of height above ground level. Generally, this fall zone must be located within the boundaries of the parcel on which the tower is located. However, at the discretion of the Planning Board, the fall zone may extend onto adjacent property if the following three conditions are satisfied: a) doing so will result in a less intrusive visual impact; b) the adjacent property is either Town-owned or the owner has granted written permission for such use in the form of an easement that remains in effect for the life of the tower; and c) it can be demonstrated that the use of such adjacent property does not pose an undue safety risk. In all cases, the applicant shall submit information certified by a licensed structural engineer demonstrating the structural integrity of the tower and that the design is such that the tower will implode, rather than fall over, when experiencing undue stress, and that the proposed fall zone is adequate for the design proposed.

All towers shall be of a design that minimizes the negative visual and environmental impacts on the Town. Generally, this will be the monopole type or a camouflaged design.

No new towers within Overlay District 1 shall be located closer to another freestanding wireless communications tower than the distance between three successive electric transmission towers in the immediate area. This does not apply to antennas attached to existing electrical transmission support towers.

All equipment proposed for a personal wireless communications facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation. Demonstration of compliance shall be as specified in the Rules and Regulations of the Planning Board, § 380-1.4F.

No new towers shall be visible from (1) the Farm Pond public beach or boat launch ramp, or (2) the Historic Districts of Sherborn. The Planning Board may grant an exemption to clause (2) above if the proposed facility is Town-sponsored or used for a municipal purpose and the Board finds that the proposed facility will have a limited visual impact.

All applications for new tower locations shall be accompanied by a narrative statement endorsed by a qualified radiofrequency engineer explaining why the proposed location (or locations) was (were) selected. For any tower proposed to be located in Overlay District 2, such statement shall include additional supporting documentation demonstrating that no feasible alternative location was available, including at least three alternative scenarios utilizing existing structures and locations outside Overlay District 2.

All applications for towers with heights greater than 20 feet above the average tree line within a 100-foot radius must include documentation as to why such greater height is necessary, and why the proposed height is the minimum necessary at the proposed location, and shall require findings by the Planning Board that both (1) such additional height is necessary to accommodate additional carriers and (2) the additional height will result in a limited visual impact. No tower in Overlay District 2 shall be greater than 100 feet in height above ground level. Omnidirectional (whip) antennas shall not be counted in the height calculation.

Amended 25 April 2023 (ATM by Art. 23)

No new towers within Overlay District 2 shall be located closer to another freestanding wireless communications tower than 1/2 mile.

Any wireless communications facility proposed to be located in Overlay District 2 shall be, to the greatest practical extent, camouflaged in the manner set forth in Subsection M(3).

A locus plan clearly showing the proposed location with respect to all surrounding properties and streets and containing thereon the location of all lot lines, structures and driveways within 500 feet of the location that is the subject of the application.

A proposed development plan consisting of one or more sheets showing the proposed location of the tower, support buildings, fences, driveway, parking spaces, utilities, and landscaping; proposed setbacks from all lot lines; proposed setbacks from the nearest residential building; proposed setback from, and height above mean sea level of, the nearest electricity transmission tower; topography, both existing and proposed, at five-foot intervals; the location of wooded areas, including the average and maximum heights of the tree line within 200 feet of the proposed tower site; the location of wetland and buffer zone areas, stone walls, easements proposed or of record, trails and paths; the location of any trees over 12 inches in diameter proposed for removal; and proposed locations of support equipment, additional tower(s), and/or other facilities that may be needed in the future to accommodate one or more additional carriers.

Amended 25 April 2023 (ATM by Art. 23)

Narrative statements addressing each of the minimum requirements of Subsection G for the applicable overlay district.

A narrative statement and drawings describing and illustrating how the visual and environmental impacts of the facilities will be minimized. With respect to Wireless Communications Overlay District 2, factors addressed in this statement shall include the design of structures housing support equipment (with adequate consideration given to the potential to locate such structures underground, partially depressing such structures to reduce impact and facilitate screening, and designing the exterior to blend with surroundings); the design, color and location of proposed towers; the design of fencing and security barriers; the design of access roads, parking and utilities; cable runs; and landscaping (with the objective being to minimize disturbance of natural vegetation and designing new landscaping to simulate a natural appearance).

Sight line representations of the site shall be provided illustrating views of the proposed site from the nearest point of the nearest public way and the nearest facade of the nearest residence (subject to the owner granting permission to use his property for such representations). Photographs shall also be provided from the same viewpoints (again with permission from the owner in the case of private property) to illustrate current views without the proposed facilities. A second set of the same photographs shall also be provided with an illustration of the proposed facilities superimposed on them. A maximum of two additional viewpoints may be requested by the Planning Board. Such submissions may be submitted with the initial application or after the on-site visit/demonstration as provided for in Subsection K.

Amended 25 April 2023 (ATM by Art. 23)

Documentation, certified by a licensed RF engineer, that the facility will not result in interference with public safety communications, and that the facility will comply with FCC radiofrequency radiation emissions standards.

A statement addressing environmental impacts, including stormwater runoff, the use of hazardous materials, and noise. Such statement shall include existing conditions at the site, current and projected ambient noise levels, hazardous materials that will be used at the site and the methods proposed to ensure that no such materials are released into the environment. The statement shall address both construction and permanent operation.

Amended 25 April 2023 (ATM by Art. 23)

A statement certified by a licensed structural engineer documenting that the design of the structure is capable of withstanding conditions expected at the proposed location, and that the design of the tower is such that excess stress will result in the collapse, not falling over, of the tower.

A copy of the certified abutters list obtained by the applicant from the Assessors' Office.

Amended 25 April 2023 (ATM by Art. 23)

Such other information or materials that the Planning Board may, in its discretion, require by regulation as specified in Chapter 380, Part 1, Article II, Wireless Communications Facilities, of its Rules and Regulation Governing Special Permits.

In the case of applications respecting Wireless Communications Overlay District 2, topography of the proposed site, both existing and proposed, at two-foot intervals.

Amended 25 April 2023 (ATM by Art. 23)

Five copies of applications for special permits under this section shall be prepared and filed with the Town Clerk as follows:

Immediately upon receipt of an application under this section and the filing fee associated therewith, the Town Clerk shall transmit three copies to the Planning Board, and one copy to the Board of Appeals.

The Board of Appeals shall review all applications under this section. In the case of special permit applications for Planning Board site plan review, the Board of Appeals shall make such recommendations on each application as it deems appropriate and shall send copies thereof to the Planning Board and the applicant. Board of Appeals review shall be advisory and not directive. The failure of the Board of Appeals to make written recommendations within 35 days of its receipt of an application shall be deemed to be lack of opposition thereto.

The Planning Board may, by regulation or otherwise, solicit the comment of other Town officials or boards prior to or during the public hearing on the special permit application. In addition, the Planning Board may, at the expense of the applicant, consult with an independent RF engineer to review and evaluate the information submitted by the applicant.

All towers and other wireless communications facilities shall be kept in good condition with regular maintenance for the duration of the use.

Wireless communications facilities must be regularly updated in accordance with current technology if such updates will decrease the visual impact or other intrusive aspects of the facility. Such updates shall undergo a preliminary site plan review in accordance with the substantive and procedural requirements of § 240-5.3A(1).

All wireless communications facilities, or components thereof, must be removed within 12 months of the cessation of use. The area in which such facilities are located shall be restored to a natural condition, and as close to its original condition, to the maximum extent practicable.

To insure such regular maintenance as well as removal after the cessation of use, a performance bond, in an appropriate amount set by the Planning Board, shall be posted by the applicant prior to the issuance of a building permit for the wireless communications facility. Such bond shall be available for maintenance, removal and disposal of the facilities, and restoration of the site to near its original condition in the event these activities are not performed or completed by the special permit holder.

The special permit shall specify any conditions related to future co-location of additional wireless communications facilities at the approved location.

The initial term of any special permit issued under this section shall not exceed five years. Such special permits may be renewable for additional maximum terms of five years upon application by the special permit holder at least 90 days prior to the expiration of a current term. Renewal applications shall contain documentation that the conditions of the original special permit (or any previous renewals) were met and maintained during the previous term.

Planning Board special permit.

Board of Appeals special permit for wireless communications use in a residence district. In addition, a special permit from the Board of Appeals shall be required for the wireless communications towers in a residence district in excess of 35 feet. Such special permits may allow a height up to a maximum of 20 feet above the average tree height within a 100-foot radius of the proposed site (but in no event in excess of 100 feet above ground level) if sufficient justification is submitted by the applicant.

Camouflaging standards - personal wireless communications facilities shall be camouflaged as follows:

Density - no tower outside the overlay district which is camouflaged by location shall be located closer than 1/2 mile from any other tower. Antennas within existing structures and camouflaged facilities appropriate to the area (for example towers disguised as light standards adjacent to a playground, or silos in a field) shall not be included in this calculation.

In order to encourage the location of wireless communications facilities within the overlay districts, the Planning Board shall vote on applications for locations within the overlay districts within 45 days of receiving a completed application (unless such time is extended by agreement between the Planning Board and applicant).

The Planning Board shall file its decision with the Town Clerk within 15 days of the vote.

The purpose of this section is to promote the creation of new large-scale ground-mounted solar photovoltaic facilities by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such facilities that address public safety, minimize impacts on scenic, natural, and cultural resources and to provide adequate financial assurance for the eventual decommissioning of such facilities.

This section aims to balance the rights of landowners to use their land to develop solar photovoltaic facilities while protecting the health, safety and welfare of the public.

This section encourages the use of solar energy systems and protects solar access consistent with MGL c. 40A, §§ 9 and 9B (solar access); the 2008 Green Communities Act, MGL 2008; Global Warming Solutions Act and the 2021 Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy. This section is also consistent with Sherborn's Master Plan and Open Space and Recreation Plan that provide guidance on the balance of uses within the Town's boundaries. It is noted that the Department of Energy Resources (DOER) strongly discourages designating locations that require significant tree cutting, because of the important water management, cooling and climate benefits trees have. DOER encourages designating locations in industrial and commercial districts or on disturbed land.

The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic facilities.

A Large-Scale Ground-Mounted Solar Photovoltaic Facilities Overlay District is hereby established, and shall be considered as superimposed over any other districts established by this chapter, and as shown on the map entitled "Large-Scale Ground-Mounted Solar Photovoltaic Facilities Overlay District," dated January 29, 2023, on file in the Planning Board office and included herein. This overlay district shall be in addition to the existing Solar Photovoltaic Facilities Overlay District.

This section applies to large-scale ground-mounted solar photovoltaic facilities proposed to be constructed after the effective date of this section both within (as-of-right) and outside (by special permit) the overlay district. This section also pertains to physical modifications that materially alter the type, configuration, or size of these facilities or related equipment.

The requirements of this section shall apply to a large-scale ground-mounted solar photovoltaic facility regardless of whether it is the primary use of the property or an accessory use.

This section is not intended to regulate systems of fewer than 250 kilowatts (kW) direct current (DC), roof-mounted systems, or solar parking canopies.

Setbacks.

Maximum lot coverage.

Battery energy storage systems may not be in Massachusetts Department of Environmental Protection-designated Zone 1 wellhead protection areas or in the Federal Emergency Management Agency-designated flood hazard area.

The system must be contained within a structure with the following features: a temperature and humidity-maintained environment; an impervious floor with a containment system for potential leaks of hazardous materials, and protection from water penetration; a smoke/fire detection, fire alarm, and fire suppression system; a thermal runaway system; and a local disconnect point or emergency shutdown feature such as an energy storage management system. The containment area must be designed so that in event of a fire, fire extinguishing chemicals will be completely contained.

The structure and systems must be approved by the Sherborn Fire Chief and must be designed and installed in accordance with all applicable state codes and safety requirements as well as safety measures recommended by the National Fire Protection Association's Standard for the Facility of Stationary Energy Storage Systems. Periodic inspections to ensure the integrity of the batteries, other equipment, and the containment system may be required as conditions of the site plan review or special permit.

Spent or expired battery units must be immediately removed from the site and disposed of in accordance with applicable local, state, and federal hazardous waste disposal laws and regulations.

Large-scale ground-mounted solar photovoltaic facilities within the overlay district shall undergo site plan review and those outside the overlay district shall undergo special permit review by the Planning Board prior to construction, installation, or modification as provided in this section. The Planning Board shall consider and apply the requirements set forth in this section in reviewing and deciding an application for site plan or special permit approval. If the provisions of site plan review under this section are in conflict with the site plan review of the Zoning Bylaw, the regulations pertaining to site plan review of the large-scale ground-mounted solar photovoltaic facility shall apply.

The applicant may participate in a preapplication conference with the Planning Board prior to the submittal of a formal application to discuss required documents, including site-specific analyses.

All plans and maps shall be prepared, stamped, and signed by a professional engineer licensed to practice in Massachusetts. All applications and plans shall be filed with the Planning Board, along with the applicable fee(s).

The application packet must contain all the appropriate application fees, forms, and number of copies of all plans and supporting documentation, as well as required abutter information. The application packet shall be submitted to the Town Clerk, who shall stamp the application with the date received and shall immediately notify the Chair of the Planning Board of a submitted application packet.

The Planning Board shall, within 30 calendar days of the receipt of the application by the Town Clerk, determine whether the application is complete or incomplete and shall notify the applicant, in writing, by certified mail. If the Planning Board determines the application to be incomplete, the Board shall provide the applicant with a written explanation as to why the application is incomplete and request the information necessary to complete the application. Any additional information submitted by the applicant starts a new thirty-calendar-day completeness review.

Upon receipt of an application, the Planning Board may engage, at the applicant's cost, professional and technical consultants, including legal counsel, to assist the Planning Board with its review of the application, in accordance with the requirements of MGL c. 44, § 53G. The Planning Board may direct the applicant to deposit funds with the Planning Board for such review at the time the application is determined to be complete and may direct the applicant to add additional funds as needed upon notice. Failure to comply with this subsection shall be good grounds for denying the application. Upon approval of the application, any excess amount attributable to the application processing by the Planning Board, including any interest accrued, shall be refunded to the applicant.

The Planning Board may impose reasonable terms and conditions on the construction, installation, or modification of any large-scale ground-mounted solar photovoltaic facility, but it shall not have discretionary power to deny the use within the overlay district.

The Planning Board shall include required findings it will consider in its approval or denial of a special permit as consistent with the public health, safety and welfare provisions of the Zoning Act. Such findings or matters may include, but are not limited to:

Pursuant to the site plan review process, the project proponent of a large-scale ground-mounted solar photovoltaic facility shall provide the following documents:

Upon the applicant's written request submitted as part of the application, the Planning Board may waive any documentary requirements as it deems appropriate.

The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic facility, which shall include measures for maintaining safe access to the facility, stormwater controls, storm preparedness and response, hazardous materials and waste management, as well as general procedures for and frequency of operational maintenance of the facility. A signed agreement with a maintenance company shall be included, as applicable.

The operation and maintenance plan shall include measures for maintaining year-round safe access for emergency vehicles; snowplowing; stormwater controls; and general procedures; and a yearly schedule for the operation and maintenance of the facilities, including fencing and maintenance of landscaping. As much as possible, consideration should be given to performing operations and maintenance using electric vehicles and equipment to decrease noise and air pollution.

The operation and maintenance plan should include a training component and schedule for emergency services staff along with any designees the Planning Board deems necessary.

Access roads. Access roads shall be planned and constructed in consultation with the Department of Public Works and to minimize grading, stormwater runoff, removal of trees, and to minimize impacts to natural or cultural resources. At the Planning Board's discretion, roads should be curved to limit direct views into the project, especially from scenic roads.

Lighting.

Signage.

Utility connections. Reasonable efforts shall be made to place all utility connections from the solar photovoltaic facility underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be aboveground if required by the utility provider.

Glare.

Visual impact. A visual impact assessment shall be conducted that follows established protocols. Such assessment should include the following:

Fencing.

Screening.

Emergency services.

Storm preparedness. Large-scale ground-mounted solar photovoltaic facilities shall include racking, foundations, and module connection systems designed to withstand sustained hurricane-force winds or damage from windblown debris. Storm preparedness and response considerations shall be included in the operation and maintenance plan.

Land clearing.

Vegetation plantings and plant and animal management.

Fill.

Stormwater management. A large-scale ground-mounted solar photovoltaic facility shall comply with Chapter 200, Stormwater Management. Review for compliance with that bylaw shall be concurrent with the review of the site plan or special permit for the large-scale ground-mounted solar photovoltaic facility. No separate permit is necessary.

Wetlands. No large-scale ground-mounted solar photovoltaic facility shall be located within resource areas protected by the Massachusetts Wetlands Protection Act or Chapter 226, Wetlands. Any work proposed within 100 feet of such areas shall be subject to the jurisdiction of the Sherborn Conservation Commission.

Hazardous waste.

Mitigation.

Sound.

Construction monitoring. The Planning Board may require a third-party inspector, selected by and acting under the direction of the Building Inspector, to be employed to monitor compliance with all approvals and conditions during the large-scale ground-mounted solar photovoltaic facility's construction at the applicant's expense.

Maintenance. The large-scale ground-mounted solar photovoltaic facility owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic facility and any access road(s), unless accepted as a public way. As much as possible, consideration should be given to performing operations and maintenance using electric vehicles and equipment to decrease noise and air pollution.

Reporting. The owner or operator of a large-scale ground-mounted solar photovoltaic facility shall submit an annual report demonstrating and certifying compliance with the operation and maintenance plan, the requirements of this section and approvals granted hereunder, including but not limited to continued management and maintenance of vegetation, compliance with the approved plans and any permit conditions, continuation of liability insurance, adequacy of road access, and functionality of stormwater management systems. The annual report shall also provide information on the maintenance completed during the year and the amount of electricity generated by the facility. The report shall be submitted to the Select Board, Planning Board, Fire Chief, Building Commissioner, DPW Director, Board of Health, and Conservation Commission (if a wetlands permit was issued) no later than 45 days after the end of the calendar year.

The proponent has demonstrated the project reflects every reasonable effort to minimize the volume of cut and fill; the disturbance of soil profile, structure and soil compaction; the number of removed trees six-inch caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution;

The proposed project promotes pedestrian and vehicular safety both on the site and egressing from it;

The proposed project does not create adverse visual impacts from publicly accessible locations;

Visual intrusions have been satisfactorily mitigated by controlling the visibility of the area viewed from public ways or premises residentially used or zoned;

Noise from operation shall conform with the provisions of the Massachusetts Department of Environmental Protection (DEP) Division of Air Quality Noise Regulations (310 CMR 7.10), as most recently amended.

The proponent has demonstrated that proposed land clearing, disturbance of natural vegetation, and loss of habitat is limited only to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic facility;

The proposed project will comply with all relevant provisions of this Zoning Bylaw;

The project, taken as a whole and with all mitigation efforts accounted for, will not have an unreasonably detrimental effect on the surrounding area.

If the large-scale ground-mounted solar photovoltaic facility is sold, all municipal permits, conditions, and associated documentation shall remain in effect, provided that the successor owner or operator assumes, in writing, all the obligations of the site plan approval or special permit, and shall be provided in both digital and hard copy format to the new owner. A new owner or operator of the facility shall notify the Planning Board and the Building Inspector of such change in ownership or operator within 30 days of the ownership change. Failure to notify the Planning Board and Building Inspector within 30 days of the transfer of ownership shall be considered abandonment in accordance with the abandonment subsection of this section.

The site plan or special permit and all other local approvals for the facility would be void if a new owner or operator fails to provide written notification to the Planning Board and the Building Inspector in the required time frame. Reinstatement of a site plan approval or void special permit and any other local approvals will be subject to the same review and approval processes for new applications under the Town's bylaws and regulations.

The Planning Board must be provided with updated contact information for the new owner, including name, address, telephone number, and email address. Authorities having jurisdiction, including local emergency personnel, must be provided with updated emergency contact information, including an emergency contact number that is staffed 24 hours a day. The new owner must abide by all conditions as detailed in the final permit. Any proposed changes to the project shall require approval as described in the modifications subsection of this section.

Removal requirements.

Abandonment. Absent notice to the Planning Board of a proposed date of decommissioning or written notice of extenuating circumstances, the large-scale ground-mounted solar photovoltaic facility shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the solar energy system fails to remove the facility in accordance with the requirements of this subsection within 150 days of abandonment or the proposed date of decommissioning, the Town retains the right, after the receipt of an appropriate court order, to enter and remove an abandoned, hazardous, or decommissioned large-scale ground-mounted solar energy system. As a condition of site plan approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned facility. The Town may use the financial surety as stipulated in financial surety subsection for this purpose.

Proponents of large-scale ground-mounted solar photovoltaic facility projects shall provide a form of surety, either through cash, certified bank check, escrow account, bond, or otherwise, held by and for the Town, to cover the cost of facility removal and stabilization of the site in the event the Town must remove the facility and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for Town- or state-owned facilities.

The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. Such estimate shall be reviewed by the Town and adjusted as needed to reflect the opinion of the Town as to fair costs. The amount shall also include a mechanism for updating removal costs every five years, as costs may be affected by inflation and/or changes to disposal regulations. Salvage for solar panels and/or for other components of the facility may be included at the discretion of the Planning Board.

This surety will be due and payable prior to the issuance of the building permit. Proof of payment in the form of a receipt from the Town Treasurer will be shown to, and prior to the clearing of the land and the start of any work on the site, the Building Inspector before the permits are issued. The financial surety shall be maintained by the proponent for the lifespan of the facility, with annual certification notices from the surety company or bank for surety bonds submitted to the Planning Board. As a condition of approval, an applicant shall bind itself to grant the necessary license or easement to the Town to allow entry to remove the structures and stabilize the site. The Town shall have the right but not the obligation to remove the facility.

The applicant, after the expiration of said ninety-day period, shall file with the office of the Town Clerk a copy of his application for the special permit together with an affidavit of the applicant stating the name and address of the record owner of the land affected by the granting of the special permit, the name and address of the applicant if he is not the record owner, the date of the public hearing held on such application and the failure of the authority to issue a certified copy of its decision to the owner and to the applicant, if not the record owner, within the ninety-day period following the date of said public hearing.

Upon receipt of the application and affidavit from the applicant, the Town Clerk shall give notice forthwith of such filing by mailing certified copies of said application and affidavit to those persons entitled to notice of a decision under MGL c. 40A, §§ 11 and 15. Such notice shall show the date on which the application and affidavit were filed with the Town Clerk and shall specify that an appeal may be made to the Superior Court for Middlesex County pursuant to MGL c. 40A, § 17, within 20 days from the date the application and affidavit were filed with the Town Clerk. The filing of such application and affidavit in the office of the Town Clerk shall be deemed the equivalent of the filing of a decision by the authority for purposes of the provisions of MGL c. 40A, §§ 11, 15 and 17, applicable to special permits.

If no appeal has been filed within the required statutory period, or if filed has been dismissed or denied, the Town Clerk shall issue to the owner and to the applicant, if other than the owner, a certified copy of the application and affidavit bearing the certification of the Town Clerk that no appeal has been filed, or if filed has been dismissed or denied, and the special permit shall take effect on the date such document is recorded with said Registry of Deeds in lieu of the document required to be recorded under Subsection E.

Authority. The Board of Appeals is designated as the special permit granting authority for the issuance of special permits authorized by this bylaw except where this bylaw expressly designates other special permit granting authorities to issue special permits for particular uses specified in this bylaw. Each application to the Board of Appeals for a special permit shall be filed by the applicant with the Town Clerk. The Town Clerk, acting as the filing agent for the Board of Appeals, shall forthwith transmit the application to said Board. The applicant shall also file with his application a separate signed copy thereof for the records of the Town Clerk as required under MGL c. 40A, § 9.

Procedural requirements. The Board of Appeals shall hear and decide an application for a special permit in full compliance with the time limitations and all other procedural requirements specified in Chapter 40A of the General Laws and Article VI of this bylaw.

Basic requirements. No special permit shall be granted by the Board of Appeals or other special permit granting authority unless it shall be determined that the proposed use complies with the basic requirements of § 240-1.3.

Authority and procedures. The Board of Appeals shall have the authority to grant variances from the provisions of this bylaw; provided, however, that the Board of Appeals shall not grant a use variance. Each petition for a variance shall be filed by the petitioner with the Town Clerk in the same manner as provided in Subsection C for the filing of an application for a special permit.

Required findings. In order to grant such variance, the Board of Appeals must, after public hearing, specifically find that circumstances relating to soil conditions, topography, or the shape of the land or structures which especially affect the particular land or structure but do not generally affect the zoning district in which it is located are such that a literal enforcement of the terms of the bylaw would involve substantial hardship, financial or otherwise to the applicant for the variance and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of this bylaw.

Conditions. The Board of Appeals may impose conditions, safeguards and limitations both of time and use, including the conditions on the continued existence of particular structures but excluding any condition, safeguard or limitation upon the ownership of the land or structures to which the variance pertains.

Lapse of rights. If the rights authorized by a variance are not exercised within one year of the date the variance was granted, such rights shall lapse and may be reestablished only if a new variance is granted pursuant to this section.

The authority of the Commission shall not extend to the review of the following categories of buildings or structures or exterior architectural features in the Historic Districts, and the buildings or structures or exterior architectural features so excluded may be constructed or altered within the Historic Districts without review by the Commission:

Nothing in this article shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior architectural feature within an Historic District which does not involve a change in design, material, color or the outward appearance thereof, nor to prevent the landscaping with plants, trees, or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for the public safety because of an unsafe or dangerous condition, nor construed to prevent any construction or alteration under a permit duly issued prior to the adoption of this article.

Amended 25 April 2023 (ATM by Art. 23)

If the Commission determines that such application involves any features which are subject to approval by the Commission, the Commission shall hold a public hearing on the application unless such hearing is dispensed with as hereinafter provided. The Commission shall fix a reasonable time for the hearing on any application and shall give public notice of the time, place and purposes thereof at least 14 days before said hearing in such manner as it may determine, and by mailing, postage prepaid, a copy of said notice to the applicant, to the owners of all adjoining property and any other property deemed by the Commission to be materially affected thereby as they appear on the most recent applicable tax list, to the Building Inspector, to the Planning Board of the Town and to any person filing written request for notice of such hearing, such request to be renewed yearly in December, and to such other persons as the Commission shall deem entitled to notice.

As soon as convenient after such public hearing but in any event within 60 days after the filing of the application, or within such further time as the applicant may allow in writing, the Commission shall make a determination on the application. If the Commission shall fail to make a determination within such period of time the Commission shall thereupon issue a certificate of hardship.

Amended 25 April 2023 (ATM by Art. 23)

A public hearing on an application need not be held if such hearing is waived in writing by all persons entitled to notice thereof. In addition, a public hearing may be waived by the Commission if the Commission determines that the exterior architectural feature involved is so insubstantial in its effect on the Historic District that it may be reviewed by the Commission without public hearing on the application; provided, however, that if the Commission dispenses with a public hearing on an application, a notice of the application shall be given to the owners of all adjoining property and other property deemed by the Commission to be materially affected thereby as above provided, and 10 days shall elapse after the mailing of such notice before the Commission may act upon such application.

Amended 25 April 2023 (ATM by Art. 23)

The Commission shall not make any recommendations or requirements except for the purpose of preventing developments incongruous to the historic aspects or the architectural characteristics of the surroundings of the Historic Districts. In passing on matters before it the Commission shall consider, among other things, the following:

The Commission shall not consider interior arrangements or architectural features not subject to view from a public way.

In the case of disapproval of an application for a certificate of appropriateness, the Commission shall place upon its record the reasons for such determination and shall forthwith cause a notice of its determination, accompanied by a copy of its reasons therefor as set forth in the records of the Commission, to be issued to the applicant, and the Commission may make recommendations to the applicant, with respect to appropriateness of design, arrangement, texture, materials and other features.

Prior to the issuance of any disapproval, the Commission may notify the applicant of its proposed action accompanied by recommendations of change in the applicant's proposal which, if made, would make the application acceptable to the Commission.

If within 14 days of receipt of such notice the applicant files an acceptable written modification of his/her application, the Commission shall cause a certificate of appropriateness to be issued to the applicant.