Drive-through food service establishments, unless specifically identified as a Special Permitted use in a Commercial or Industrial District

Parks for mobile homes, travel trailers, tent trailers

Auto dismantling, junkyards

Garbage and refuse incineration or disposal otherwise of material not originating on the premises or solid waste recovery facilities, except municipal recycling facilities;

Distillation of bones, rendering of fat or reduction of animal matter

Slaughterhouses

Manufacturing of glue; oil refining; bulk storage of petroleum products

Foundries, manufacture of large machine parts

Tanneries

Processing, storage and distribution of asphalt products

Sorting, baling and storage of waste paper, rags or junk

Sand, gravel and stone processing plants

Airports

Transportation or freight terminals

Truck stops

Use of land or structures for religious purposes

Use of land or structures for public or non-profit private educational purposes

Child care or day care center as defined in M.G.L. c.28A, Section 9

Construction or operations pursuant to such building or Special Permit shall conform to the provisions of this Bylaw as amended unless the use or construction is commenced within a period of six (6) months after issuance of the permit and, in cases involving construction, unless such construction is completed as continuously and expeditiously as is reasonable;

Any conversion of any non- conforming use to a conforming use shall be subject to the requirements for such uses in the district in which the use is located and once changed shall not thereafter revert to the non-conforming use;

Wherever a non-conforming use has been abandoned for a period of more than two (2) years except for agricultural, horticultural or floricultural where the period shall be for more than five (5) years, it shall not be reestablished and any future use shall conform to the Zoning Bylaw and any amendment thereto;

No building or structure put to a non-conforming use or non-conforming structure which is destroyed or damaged by fire or other causes, or demolished to the extent, in any of such cases, of more than three-quarters (3/4) of its fair market value at the time of said damage or demolition as determined by the Building Inspector may be rebuilt for the purpose of reestablishing the non-conforming use, unless the Board of Appeals shall make the finding set forth in Section 9.2.3 below with respect to such reconstruction or repair;

Any reconstruction or repair of a partially destroyed, demolished or damaged structure which is non-conforming, or which was put to a non- conforming use must be commenced within one year of such damage or destruction and the reconstruction completed and the structure occupied within two (2) years of such damage or destruction.

Family day care homes. Licensed family day care homes as defined in M.G.L. c.28A, Section 9, are allowed as an accessory use as of right in all districts in which detached single-family dwellings are a permitted use. Where detached single-family dwellings require a Special Permit, family day care homes may be approved by Special Permit from the applicable Special Permit granting authority.

Accessory apartments. In the RR, R-1, R-2, R-3, North Shirley Village Business District, Mixed-Use District, and the Great Road Mixed Use District, one accessory apartment is allowed on a lot with a principal dwelling, subject to the requirements of Section 4.5.

Boarders in single-family dwelling. The renting of rooms and/or furnishing of board to not more than one person in a single-family dwelling by the owner/occupant thereof shall be a permitted accessory use in the residential and village business zoning districts. The renting of rooms and/or furnishing of board to more than one person in a single-family dwelling by the owner/occupant thereof shall be deemed a rooming or boarding house, which is a principal use, not an accessory use.

Private garage or carport for not more than four vehicles, solar system, greenhouse, toolshed or barn; swimming pool or tennis court, provided that such recreational facilities are used exclusively by the residents and their guests.

Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use by Special Permit may also be authorized as an accessory use by Special Permit provided such use is customarily incidental to the main or principal building or use of the land. Any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. In all instances where site plan review and approval are required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in the applicable use or dimensional regulations of the district or in Section 7, Site Plan Review, shall also require site plan review and approval.

Truck or trailer cleaning or washing, provided that the truck or trailer is necessary for the conduct of the principal commercial or industrial use.

An employee food service area established exclusively to serve employees of the principal use.

Facilities for training employees of the principal use.

The outdoor display or storage of goods and merchandise for sale is permitted only when such display or storage is wholly incidental and secondary to the primary use conducted within the permanent structure on the lot. No such display or storage may occur in delineated parking spaces, traffic lanes, crosswalks, sidewalks or public ways, and all outdoor storage shall be screened from view from adjacent or nearby streets and properties. No additional signs are permitted except as otherwise provided herein.

Any application for a building, structure or use permit or a certificate of occupancy shall be accompanied by a plot plan in triplicate, accurately drawn to a scale of one inch = forty feet, showing the actual shape, area and dimensions of the lot to be built upon, the exact location and size of any buildings or structures already on the lot, the location of proposed alterations to and enlargements of existing buildings or structures, driveways, the location of new buildings or structures to be constructed together with the lines within which all buildings or structures are to be erected or enlarged, the existing and intended use of each building or structure and all streets and ways on or adjacent to the lot, the delineation of any Flood Plain District or Water Supply Protection District areas located within a lot, unless the plot plan includes a statement that: “No part of lot is within a Flood Plain District or Water Supply Protection District,” and such other information as the Building Inspector/Zoning Enforcement Officer may determine is necessary. In the case of a building or use permit limited to interior improvements to an existing building or structure, a plot plan shall not be required.

In addition, for all new buildings and structures, and all existing buildings and structures to be externally enlarged or expanded in ground area to an extent greater than 30% of internal floor areas or ground coverage, or six hundred square feet, whichever is larger, plot plans shall show existing and approved abutting street grades, the proposed elevation of the top of the foundation of existing and proposed buildings or structures, existing and proposed topography, existing septic disposal systems, private wells, wetland boundary delineations as approved by the Conservation Commission, gas, water and other public utilities in the abutting street and the zoning classification of the abutting properties. Plot plans shall also show such other information as may be necessary to provide for the verification of compliance with the applicable provisions and the enforcement of this Bylaw, including, but not limited to, off street parking, screening and fencing. Plot plans shall be certified by a registered professional engineer or land surveyor. In the event that the information required under this subsection can be determined from the Town Assessor’s maps, the Building Inspector shall have the authority to waive the requirement of a plot plan certified by a professional engineer or land surveyor. A record of all applications, plans, and permits shall be kept on file by the Building Inspector/Zoning Enforcement Officer.

The Building Inspector shall act on each permit in order of submittal. Any permit application that is incomplete or inaccurate shall be returned to the applicant within three (3) business days and shall require new submittal.

The Building Inspector shall accept applications and issue permits one (1) year at a time.

The Building Inspector shall mark each application with the time and date of submittal.

Any issued permit shall conform to the time limits set by Section 8.2.3.

Any building permits not issued in any calendar year (January 1 – December 31) shall not be available for issuance in any subsequent year.

At the end of each calendar year in which this Bylaw is in effect, the Building Inspector shall retain all applications for which a building permit has not been issued. Upon being informed in writing by the applicant before the tenth (10th) day of January of the succeeding year the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with Section 2.9.2. above.

Dwelling units for senior residents, where occupancy of the units is restricted to senior persons through a property executed and recorded deed restriction running with the land. For purposes of this Section, “Senior” shall mean persons over the age of fifty-five (55).

Development projects which voluntarily agree to a minimum of twenty-five percent (25%) permanent reduction in buildable lots permitted under an approved definitive subdivision plan. Such developer shall be eligible for a maximum of five (5) exempt building permits per year within the said subdivision.

Person or entity is entitled to one (1) permit, on only one (1) lot, per year, on a lot the person or entity owns at the time of the acceptance of this Bylaw.

Beginning on September 12, 2000 through December 31, 2000, no more than fifteen (15) building permits may be granted under the provisions of this Bylaw

Measurement. Height shall be measured as the vertical distance from the average ground elevation around the exterior walls of the structure to the highest point of the top story in the case of a flat roof, and to the mean height between the plate and the ridge in the case of a pitched roof, provided that the ridge of a pitched roof shall not be higher than 130% of the maximum height for the district.

Limitations. In determining the height of a building, any floor level shall be counted as a story if it is to be used in part for sleeping rooms, or if it is higher than three (3) feet below the average ground level around the exterior walls of the structure. Limitations of height shall not apply to chimneys, ventilators, skylights, spires, tanks, antennas, solar panels, and other features of such building usually carried above roofs, provided that in a residential district such features are in no way used for living purposes.

Frontage; Measurement. Frontage shall be measured along a straight line connecting points of intersection of the side lot lines with the street line on which the lot is located, and with not less than the required distance between said lot lines at all points from the street line to the dwelling or main non-residential structure, except as hereafter provided in Section 4.3. for hammerhead lots.

Frontage; Dead-End Streets. A lot on a turning circle of a dead-end street may have a frontage of not less than eighty (80) feet provided that the shortest distance between side lot lines shall be at least 120 feet at every point more than thirty-five (35) feet from the street line to the dwelling or main non-residential structure.

Frontage and Setback; Corner Lot. A lot having frontage on two (2) streets which do not intersect shall have two (2) front yards, each of which shall comply with the minimum front yard setback requirements of this Bylaw, but needs to meet the minimum frontage requirement only with respect to one of the streets. A corner lot having frontage at the intersection of two (2) streets must have the minimum frontage on at least one of the streets and shall be deemed to have two (2) front yards, each of which shall comply with the minimum front yard setback requirements of this Bylaw; one of the remaining yards shall be a rear yard, as identified by the Building Inspector/Zoning Enforcement Officer.

Where existing buildings on adjacent lots are set back less than the minimum required in the district in which they are located, a new building may be located at the average setback of the adjacent existing buildings. A vacant lot is counted as though occupied by a building set back at the minimum setback line in the district in which it is located.

In the Village Business, Mixed-Use, Commercial and Industrial Districts, the setback from any lot line abutting a residential district shall be a minimum of 50 feet unless a reduction is authorized by Special Permit from the Planning Board.

By Special Permit from the Planning Board, side lot lines may be waived for “zero lot line” design, i.e., a building in which ownership is divided along a common wall.

In any Residential District, there shall not be more than one principal building on any lot except by Special Permit from the Planning Board.

Minimum Frontage: 225 feet

Lot Width: 225 feet

Minimum Frontage: 175 feet

Lot Width: 175 feet

Minimum Frontage: 150 feet

Lot Width: 150 feet

Minimum Frontage: 100 feet

Lot Width: 100 feet

Minimum Frontage: 60 feet

Maximum Front Yard Setback: 20 feet

Lot Width: 60 feet

Minimum Frontage: 100 feet

Maximum Front Yard Setback: 40 feet

Lot Width: 100 feet

Minimum Frontage: 100 feet

Maximum Front Yard Setback: 40 feet

Lot Width: 100 feet

Minimum Frontage: 100 feet

Maximum Front Yard Setback: Not Applicable

Lot Width: 100 feet

Access.

Buildings erected in the Mixed-Use Districts need not be located on lots which have frontage on a street. However, provisions for access to all buildings by emergency and service vehicles in lieu of public street access shall be made possible by the layout and design of driveways, interior service roads, or pedestrian and bicycle circulation corridors not normally open to vehicular traffic to the reasonable satisfaction of the Town of Shirley Fire Department and any related entities having jurisdiction. Access to parcels in any Great Road Mixed-Use area(s) shall only be from Great Road.

Parking.

Each development shall provide enough parking spaces either on or off the lot within the District to satisfy the requirements as outlined in section 5 of this bylaw and Planning Board determination of need.

Loading Requirements.

It is the intent of this section that sufficient off-street loading facilities be constructed within the District to meet the needs of users located therein. Loading space(s) should not interfere with traffic flow. The specific number of loading spaces and requirements shall be determined by section 5 of this bylaw and the Planning Board or other entity having jurisdiction, during site plan review.

For any conflict of this section and other sections in the bylaw, the more restrictive regulations shall apply in order to adequately protect the rights of abutters

In Shopping Centers and Office Parks, landscaping shall be provided and maintained in accordance with planting approved by the Planning Board and incorporated as part of the plans on which the Permit is based.

Minimum Lot Area (All Uses): 20,000 square feet

Minimum Frontage: 100 feet

Maximum Front Yard Setback: 40 feet

Lot Width: 100 feet

Minimum Lot Area: 60,000 square feet

Minimum Frontage: 100 feet

Where conversion of an existing single-family dwelling to three multi-family units is a permitted use or a use allowed by special permit, the minimum lot area shall be at least 1.5 times that of the applicable minimum lot area for a single-family dwelling.

For multi-family housing of four (4) units or more, the maximum density is as follows:

More than one principal building may be permitted on a single lot by Special Permit from the Planning Board. No principal building may contain less than three (3) units or more than six (6) units unless waived by the Planning Board.

To qualify for a Special Permit for multi-family housing of four or more units, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, as follows: the seventh unit and every sixth unit thereafter shall be a low- or moderate-income housing unit. Nothing in this section shall preclude an applicant from providing more low- or moderate-income housing units than the minimum required by this Bylaw.

All low- and moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184.

The Building Inspector shall not issue an occupancy permit to the applicant without receipt of evidence that the use restriction approved by the Planning Board prior to the issuance of a Special Permit has been recorded at the Registry of Deeds.

A multi-family building shall contain no less than three and no more than six units unless waived by the Planning Board, and shall not exceed a building height of 35 feet and two and one half stories.

Multi-family housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance.

Applicants shall comply with Section 5, Parking and Loading, for number of off-street parking spaces per unit. At least one space shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout.

All residential buildings shall be oriented toward the street or the interior road that provides access to them, with parking spaces located to the rear of a building or on the side, provided that no parking is located within 20 feet of the front façade of the building.

Distance between Structures. The distance between structures shall be no less than the average height of the two structures or 35 feet, whichever is greater. Such distance shall include any garages or other accessory structures.

Road construction. Roads that serve multi-family housing shall be constructed in accordance with the standards of the Subdivision Rules and Regulations of the Town of Shirley with the exception of width, which shall be determined by the Planning Board. Inspection of the roads during construction shall be in accordance with the procedures contained in the Subdivision Rules and Regulations and the inspection process shall be administered by the Planning Board. Such procedure shall include the payment of any fees or deposits for the inspections as required by the Subdivision Rules and Regulations at the time of site plan submittal.

Preserve and enhance the Town’s character.

Encourage creative, environmentally sensitive design in residential developments.

Encourage a more efficient form of development that consumes less open land and protects existing topography and natural features better than a conventional or grid subdivision.

Protect open space, forestry land, wildlife habitat and corridors, wetlands and water resources, and historical and archeological resources, in a manner consistent with the goals of the Shirley Master Plan.

Minimize the total amount of disturbance on the site.

The Planning Board shall determine whether the proposed location is suitable for a LID under the terms and provisions of this Bylaw. If the Planning Board determines that the proposed location is suitable for a LID, any further division, subdivision or development of the land shall be accomplished only through the provisions of this Bylaw. Under Section 4.2A.16, Planning Board Decision, the Planning Board may determine that the location is best suited for development as a conventional division or subdivision of land. In such a case, the applicant may then proceed to design and submit a conventional plan in accordance with the Town of Shirley Subdivision Rules & Regulations.

Nothing in this Bylaw shall prohibit application to do a LID on a parcel or contiguous parcels consisting of less than ten (10) acres in size, or resulting in a division of land into fewer than six lots (6) or consisting of fewer than six (6) new dwelling units.

LID Concept Special Permit. In accordance with the provisions of this Bylaw, the Planning Board may issue a LID Concept Special Permit approving a schematic representation of the proposed development.

LID Definitive Plan Approval. Approval of a LID Definitive Plan by the Planning Board is required following approval of the LID Concept Special Permit. The LID Definitive Plan shall include fully engineered plans for the development and shall be designed in conformance with the approved LID Concept Special Permit. For applications that also require approval under the Subdivision Control Law, the Planning Board shall make every effort to consolidate Definitive Subdivision Approval under G.L. c.41, Sections 81K and 81G, with LID Definitive Plan approval pursuant to this Bylaw.

Single-family detached dwellings.

Townhouse dwellings, not to exceed four dwelling units in a single building.

Multi-family buildings, not to exceed six dwelling units in a single multi-family building.

Open space and conservation areas.

Passive recreation, including trails for walking, hiking, cross-country skiing, horseback riding, and areas for other low-impact activities such as picnicking and wildlife observation.

Accessory recreational uses, such as a tennis court or playground.

The open space shall be undisturbed and left in its natural condition. It shall be appropriate in size, shape, dimension, location, and character to assure its use as a conservation or recreation area and serve as a visual and natural amenity for the development and the Town.

At least 50% of the required common open space shall be contiguous and linked as a unit, with links no less than sixty (60) feet wide. Access to this largest piece of open space shall be provided to the residents of the Town of Shirley.

The location(s) of the common open space shall be subject to approval by the Planning Board.

Not more than 35% of the required common open space in a LID shall consist of marginal or unbuildable areas, flood plain, or wetlands as defined in G.L. c.131, Section 40.

Existing rights of way and utility easements may not be counted as common open space.

To a corporation or trust comprising a homeowners’ association whose membership includes the owners of all lots or units contained in the development.

The developer shall include in the deed to owner’s beneficial rights in said open land, and shall grant a perpetual Conservation Restriction to the Shirley Conservation Commission or a non-profit corporation or organization over such land to ensure that it be kept in an open state and not be built upon for residential use, or developed for accessory uses such as parking or roadways. Such restriction shall be in such form and substance as the Planning Board shall prescribe, and may contain such additional restrictions on development and use of the open space as the Planning Board may deem appropriate, subject to the approval of the Conservation Commission and the Select Board under the provisions of M.G.L. Ch. 184.

To a non-profit organization, the principal purpose of which is the conservation of open space. The developer or non-profit organization shall grant a Conservation Restriction as set forth above.

To the Town for open space, a park or water supply use, subject to the approval of the Select Board for management by the Conservation Commission, with a clause insuring that it be maintained as open space.

Irregular lot shapes and shared driveways are permitted in a LID when, in the opinion of the Planning Board, they further the purposes of the bylaw.

Lots having reduced area or frontage shall not have frontage on a street other than a street created by the LID.

The minimum distance between clusters of townhouse or multiple-unit dwellings shall be fifty (50) feet.

The maximum height of proposed buildings shall be thirty-five (35) feet and shall not exceed two and one-half (2½) stories.

Rear yard setbacks shall not be waived on lots adjacent to existing residential development.

Except as permitted in this Bylaw, any lot in a LID shall comply with all other density and dimensional requirements of the zoning district in which it is located.

Identify the key natural features of the proposed development site.

Identify historic or culturally important features of the site.

Identify any safety, traffic, or infrastructure issues directly related to the site.

Identify existing trails on the site or on abutting parcels, and connections thereto.

Identify areas that the Town prefers to see preserved for open space, view shed, wildlife habitat, agricultural or buffer purposes.

Discuss the proposed plan and any issues relative to the Concept Special Permit review criteria.

Discuss any issues relevant to LID requirements and the Planning Board’s LID Definitive Plan and Design Regulations.

Assist the developer in understanding all related permitting issues required for the project.

Set a timetable for submittal of a formal application

Identification of preservation areas. The first step in the design process requires identification and prioritization of possible preservation areas on the site, including wetlands, riverfront areas, and floodplains regulated by state or federal law; unprotected natural landscape features such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and wildlife corridors or connections thereto; and cultural features such as historic and archeological sites and scenic views. To the maximum extent feasible, preservation areas shall include those areas identified during the pre-submission conferences. Every effort shall be made to preserve and improve existing trail networks.

Identification and delineation of the proposed development area. The second step in the design process is to define and delineate the proposed development area, i.e., the area that will contain buildings, roadways, other site improvements and amenities for residents of the development. To the maximum extent feasible, the proposed development area shall consist of land outside the identified preservation areas.

Location of dwelling units. The third step in the design process is to identify and delineate the approximate location of dwelling units in the proposed development area. The location of dwelling units should account for proximity to common open space and other amenities, including community buildings for use by residents of the development. Toward this end, the number of dwelling units with direct access to the amenities of the development should be maximized.

Roads and trails. The fourth step in the design process is to identify and delineate the approximate location of roads and trails. Roads should be aligned to access the dwelling units. The layout of new trails should anticipate internal and external connections to existing and/or potential future roads, trails and sidewalks.

Lotting. The final step in the design process is to identify the approximate location of lot lines if the LID will require a definitive subdivision plan.

Required Information for the Yield Analysis. The purpose of a Yield Analysis is to determine the maximum number of lots that could reasonably be achieved in a conventional subdivision on layout, given the presence of natural building constraints on the site such as wetlands, floodplains, and steep slopes, as identified on the Sketch Plan. The Yield Analysis may rely on existing data sources, including but not limited to those provided on the Sketch Plan. The applicant shall have the burden of proof with regard to the Basic Maximum Number of lots or dwelling units resulting from the design specifications and assumptions shown on the Yield Analysis.

Sources of Data for the LID Sketch Plan and Yield Analysis. These components of the LID Concept Special Permit Application may be prepared from deed information, USGS topographical maps, FEMA floodplain maps, assessor’s maps, ortho photographs, soil maps, Department of Environmental Protection (DEP) Wetlands Conservancy Program maps, and other existing data. The locations of wetlands, streams and forest limits or locations will not be verified during the LID Concept Special Permit process unless the applicant has delineated the same in the field and applies to the Shirley Conservation Commission for review and determination under G.L. c.131 Section 40. For the LID Concept Special Permit application, it is not necessary to verify these constraints, but the applicant must be aware that these locations should be as accurate as possible in order to avoid significant changes to the LID Concept.

The Planning Board shall hold a public hearing on the application in accordance with the requirements of G.L. c.40A, Sections 9 and 11 and applicable sections of the Town of Shirley Protective Zoning Bylaw. The public hearing shall be held within sixty-five (65) days of the filing of a complete application.

Site Visit. The Planning Board and/or its designee(s) along with members from all interested Boards, Commissions and departments shall conduct a site visit prior to or during the public hearing. At the site visit, the Planning Board and/or its designee(s) shall be accompanied by the applicant and/or its agent(s). With the applicant's permission, interested members of the public shall be made welcome at the site visit.

Other Information. The submittals and permits of this section shall be in addition to any other applicable requirements of the Town of Shirley Subdivision Rules & Regulations or any other provisions of the Town of Shirley Protective Zoning Bylaw.

The Planning Board may deny a LID Special Permit upon finding that the application does not comply with the provisions of this Bylaw.

The Planning Board may find that the location is best suited for a conventional division of land, and authorize the applicant to submit a conventional subdivision plan or a plan for a division of land for five or more lots in accordance with G.L. c.41, Sections 81K to 81GG, inclusive, and the Town of Shirley Subdivision Rules & Regulations.

No LID Definitive Plan Approval Application may be submitted unless a LID Concept Special Permit has been approved and is currently in effect. The LID Definitive Plan shall be designed to be in conformance with the approved LID Concept Special Permit and the LID Definitive Plan and Design Regulations. If the Planning Board determines that there is a substantial variation between the LID Concept Special Permit and the Definitive Plan, it shall hold a public hearing on the modifications to the LID Concept Special Permit.

The size, form, number and contents of the LID Definitive Plan Approval Application, together with application or filing fees, are set forth in the LID Definitive Plan and Design Regulations.

Within five (5) days after receipt of the complete application, the Planning Board shall distribute copies of the application and plans to the Select Board, Board of Health, Conservation Commission, Building Inspector, Department of Public Works, Police Chief, Fire Chief, and any other board or department deemed appropriate. These departments and officials shall transmit their recommendations and comments, if any, to the Planning Board within 35 days of receipt of the plans.

The Board shall hold a public hearing within 45 days of the receipt of the complete application.

Notice of the time, place and subject matter of the public hearing shall be given by the Planning Board, at the expense of the applicant, by advertisement in a newspaper of general circulation in the town, once in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing, posted with the Town Clerk, and by mailing a copy of such advertisement to the applicant and to all owners of land abutting the land included in such plan as appearing on the most recent tax list, by certified mail at the expense of the applicant.

The Board shall make its decision within 30 days following the date of the close of the public hearing. If no action is taken within 30 days, the application shall be deemed approved as submitted.

The Planning Board may conditionally approve a LID Definitive Plan that does not substantially comply with the LID Concept Special Permit. However, such conditional approval must identify where the LID Definitive Plan does not substantially comply with the LID Concept Special Permit and require that the LID Concept Special Permit be amended to be in compliance with the significant changes identified by the Planning Board.

No building permit shall be granted for any building in a LID until all documents required, including, but not limited to, the LID Concept Special Permit, LID Definitive Plan, and LID Subdivision Plan, if any, prepared deeds, easements, covenants, and restrictions have been submitted to and approved by the Planning Board. Two building permits or 25% of the total for the project (rounded up), whichever is greater, shall be held by the Planning Board and shall not be granted until all documents, including any easements, covenants, and restrictions, have been recorded in the Registry of Deeds and proof of the recordation’s furnished to the Planning Board.

The requirements for submitting a LID Subdivision Plan shall be in accordance with the Planning Board Subdivision Regulations and LID Definitive Plan and Design Regulations adopted by the Planning Board and filed with the Town Clerk.

A LID Subdivision Plan will be considered not to comply substantially with the Concept if the Planning Board determines that any of the conditions listed in Section 4.2A.19.f exist.

If the Planning Board determines that the LID Subdivision Plan does not substantially comply with the Concept, the Board may disapprove the LID Subdivision Plan for failure to comply with the condition of the special permit requiring that the LID Definitive Plan substantially comply with the Concept.

Land area minimums of five (5) acres in the R-R District, three (3) acres in the R-1 District and two (2) acres in the R-2 and R-3 Districts;

Access frontage of at least fifty (50) ft. suitable for an access driveway;

Access corridor width of at least thirty-five (35) ft.;

Lot width at the building of at least 400 ft. in the R-R District, 300 ft. in the R-1 District and 200 ft. in the R-2 and R-3 Districts;

Distance between any two (2) principal dwellings not less than the lot width under (d) above; and,

A shape capable of containing a circle having a diameter equal at least to the minimum required lot width within which any building shall be located set back at least sixty (60) ft. from any property boundaries.

Each access drive serving one hammerhead lot shall not be closer to any other hammerhead lot access drive (measured at and along a street line) than 900 ft. in the R-R District, 525 ft. in the R-1 District and 450 ft. in the R-2 and R-3 Districts;

Each access drive serving two (2) hammerhead lots shall not be closer to any other hammerhead lot access drive (measured at and along a street line) than 1,800 ft. in the R-R District, 1,050 ft. in the R-1 District and 900 ft. in the R-2 and R-3 Districts; and,

Where the hammerhead lot is located in two (2) districts the measurement required for the more restrictive district shall apply in a. and b. above.

Width of at least twelve (12) ft., but shall be cleared to a width of at least eighteen (18) ft.;

Maximum grade of ten percent (10%);

Centerline radius of at least eighty (80) ft.;

A length such that the distance along the driveway centerline to each principal building on the premises will not exceed 1,000 ft., from the street sideline;

Passing turnouts providing a total width of at least fifteen (15) ft. along a distance of at least twenty-five (25) ft., spaced with no more than 300 ft. between turnouts and with the first such passing turnout at the driveway connection to the street;

Provision for turnaround space available for use in all seasons capable of serving all vehicles including moving vans, ambulances, fire engines and police vehicles;

At most three (3) lots may be connected to or otherwise share the same access driveway, of which no more than two (2) may be hammerhead lots;

A recorded clear provision for all shared driveways and running with the land establishing clear responsibilities for maintenance and snow removal; and,

A location entirely within the lot or lots being served.

Increase housing production to address local and regional housing needs across all income levels and at all stages of life.

Develop small-scale housing that fits in the context of zoning districts that allow for single-family housing.

Provide a more moderately priced housing option to serve smaller households, households with lower incomes, seniors, and people with disabilities.

Enable property owners to age in place, downsize, or earn supplemental income from investing in their properties by providing an accessory dwelling unit.

Zoning Districts

Protected Use Accessory Dwelling Units are allowed by right, subject to the provisions of this section, in the following Zoning Districts in the Town of Shirley:

Rural Residential, R-1, R-2, R-3, North Shirley Village Business District, Mixed-Use District, and the Great Road Mixed-Use District.

The Building Inspector / Zoning Enforcement Officer will administer and enforce the provisions of this section.

No building shall be changed in use or configuration without a Building Permit from the Building Inspector / Zoning Enforcement Officer.

No Accessory Dwelling Unit shall be occupied until a certificate of occupancy is issued by the Building Inspector / Zoning Enforcement Officer.

The Building Inspector / Zoning Enforcement Officer will apply the Dover analysis as articulated in the standards of 760 CMR 71.03 (3)(a), to any request for a Protected Use ADU building permit and will waive any zoning requirement that the Building Inspector / Zoning Enforcement Officer finds to be unreasonable under the Dover analysis.

Nonconformance

A Protected Use ADU shall be permitted within, or on a lot with, a Pre-Existing Nonconforming Structure so long as the Protected Use ADU is developed in conformance with the Building Code, 760 CMR 71.00, and state law.

Protected Use Accessory Dwelling Unit (ADU)

An attached, detached or internal ADU that is located, or is proposed to be located, on a lot in a Single-Family Residential Zoning District and is not larger in gross floor area than one-half (1/2) the gross floor area of the principal dwelling or 900 square feet, whichever is smaller, provided that only one ADU on a lot may qualify as a Protected Use ADU. An ADU that is otherwise nonconforming to zoning shall still qualify as a Protected Use ADU if it otherwise meets this definition.

In general, an Accessory Dwelling Unit (ADU) is a self-contained dwelling unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the Building and Fire Codes for safe egress. ADUs may be detached, attached, or internal to the principal dwelling.

Single-Family Residential Zoning District

Any zoning district where single-family residential dwellings are a permitted or an allowable use, including any zoning district where they are allowed as of right, or by Special Permit.

Attached Accessory Dwelling Unit

An accessory dwelling unit physically connected to the principal dwelling by a common wall as a separate dwelling unit with its own kitchen, bathroom and bedroom(s) and meeting all applicable building code requirements.

Detached Accessory Dwelling Unit

A free-standing accessory dwelling unit on a lot with a principal dwelling with its own kitchen, bathroom and bedroom(s) and meeting all applicable building code requirements. This provision also provides for detached ADUs to be located within or attached to a detached garage, barn or other accessory structure.

Internal Accessory Dwelling Unit

An accessory dwelling unit entirely incorporated into the principal dwelling as either a basement, attic or partitioned apartment with its own kitchen, bathroom and bedroom(s) and meeting all applicable building code requirements.

Home professional office: office for the practice of a profession involving a high degree of training in the humanities, science or arts, such as medicine, law, engineering or fine arts.

Home personal service: personal services, such as insurance, notary public, real estate broker, beauty care, clerical services; studio for the teaching of fine, performing or domestic arts and crafts; home care or therapy (for pay) for not more than three patients or children.

Home business workshop: the business or shop of a painter, carpenter, electrician or similar trade.

Home specialty retail: the sale of specialty products made on the premises, such as dressmaking, home baking or catering, or arts and crafts; or collector's items, such as antiques, stamps, coins. Home specialty retail does not include the sale of products raised and grown on the premises of an agricultural use on more than five acres of land.

The occupation must be operated by a person residing on the premises, and it shall employ on those premises not more than three (3) persons not resident thereon;

There shall be no evidence of the occupation through persistent or excessive sound, or through vibration, smell, or sight discernable at the boundaries of the premises, except for a sign that conforms to the requirements of Section 6 of this Bylaw;

Any exterior storage of materials or equipment or business-related parking shall be so located and screened, through location, grade or landscaping, from adjacent properties;

Not more than two (2) vehicles requiring registration as taxis, buses, or commercial vehicles shall be regularly parked outdoors on the premises. Such vehicles shall not weigh more than 15,000 lbs. or have more than two (2) axles;

Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from residential development considering volume, type, hours and other traffic characteristics; and

The occupation shall be conducted within a dwelling or accessory structure and occupy not more than twenty-five percent (25%) of the combined total floor area unless the Board of Appeals authorizes a larger percentage by Special Permit.

A Special Permit from the Board of Appeals is required for any home occupation that does not comply with the requirements of Section 4.6.2 or that is otherwise listed as a special permitted home occupation in the use regulations of a zoning district. The Board of Appeals may grant a Special Permit only upon determining that the use will not create hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property.

In its discretion, the Board of Appeals may impose conditions and limitations as necessary to protect abutting properties and the public, including that a home occupation authorized by the Special Permit may not be transferred to a different operator without a new Special Permit, that the occupation shall be subject to compliance review by the Building Inspector at periods specified in the Special Permit, and that such permit may be revoked by a majority vote of the Board of Appeals at any time after notice and hearing, upon the Board's determination that the terms of the Special Permit are being violated.

A certificate of Use and Occupancy must be obtained from the Building Inspector indicating compliance with these requirements prior to initiation of a home occupation.

The Building Inspector shall enforce these provisions and any person may request enforcement where a violation is believed to exist, as provided in M.G.L. c. 40A, Section 7, and if dissatisfied with the outcome, such person may bring an appeal to the Board of Appeals for hearing and action as provided in M.G.L. c.40A, Section 8.

Protect public health, safety, and general welfare;

Protect human life and property from the hazards of periodic flooding;

Preserve the natural flood control characteristics and the flood storage capacity of the floodplain;

Maintain the groundwater table and water recharge areas within the floodplain;

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; and

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

Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 120.G, "Flood Resistant Construction and Construction in Coastal Dunes");

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); and

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.;

Forestry and nursery uses;

Outdoor recreational uses, including fishing, boating, play areas, etc.;

Conservation of water, plants, wildlife;

Wildlife management areas, foot, bicycle, and/or horse paths;

Temporary non-residential structures (in place for no longer than 180 days) used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises; and

Buildings lawfully existing prior to the adoption of these provisions.

All neighboring and affected communities

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

NFIP Program Specialist

Federal Emergency Management Agency, Region I

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

NFIP Program Specialist

Federal Emergency Management Agency, Region

new construction

changes to existing buildings

drilling

mining

paving

any other development that might increase flooding or adversely impact flood risks to other properties.

Within ten (10) days of receipt of the application, the SPGA shall transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Building Inspector and Zoning Enforcing Officer. Final action shall not be taken until reports have been received from the above Boards or until thirty-five (35) days have elapsed;

Evaluation of impacts to flood risk is a highly specialized, technical discipline. If the SPGA determines that independent review of the Special Permit is required, it may require the applicant to pay a review fee consisting of reasonable costs to be incurred by the SPGA for the employment of outside consultants as authorized by M.G.L. Chapter 44, Section 530.

The proposed use shall comply in all respects with the provisions of the underlying Districts;

All encroachment, including fill, new construction, substantial improvements to existing structures, and other developments are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any decrease in flood storage capacity or increase in flood levels during the occurrence of the 100-year flood;

The Board may specify such additional requirements and conditions it finds necessary to protect the health, safety, and welfare of the public and the occupants of the proposed use;

A determination has been made that the use will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws; and,

The applicant has established that the land is not unsuitable for the proposed use, based on hydrological/topographic data supplied by a registered professional engineer.

The project proponent is required to obtain all local, state, and federal permits that will be necessary to implement the proposed project in the Floodplain Overlay District. A building permit will not be issued until all permits are attached to the decision and presented to the Code Enforcement Officer.

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.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town’s FIRM 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.

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 and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

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.

Such proposals minimize flood damage.

Public utilities and facilities are located and constructed so as to minimize flood damage.

Adequate drainage is provided.

Dumping of refuse or solid waste including but not limited to tires, refrigerators, and motor vehicles or parts of any of the foregoing;

Storage, either permanent or temporary, of any hazardous, toxic, radioactive, or de-icing material.

Good and sufficient cause and exceptional non-financial hardship exist;

the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

the variance is the minimum action necessary to afford relief.

The District is established as an overlay zone to all other districts. Any use permitted in the portions so overlaid shall be permitted subject to all the provisions of this Section and provided that all necessary permits, orders, or approvals required by local, state or federal law have been obtained. The portion of any lot delineated as being within the District may be used to meet any lot dimension requirements for the District in which the remainder of the lot is located.

Special Permit Granting Authority: For the purpose of this Section, the Planning Board shall be the Special Permit Granting Authority (“SPGA”). The SPGA shall follow procedural requirements contained in Section 9.2.3.c of this Zoning Bylaw in processing applications for Special Permits hereunder except that copies of such applications shall also be transmitted to the Select Board, Department of Public Works, and the Shirley Water District. Such Special Permit shall be granted only if the SPGA determines after review of all recommendations, that the intent of this Section, as well as its criteria are met. The SPGA shall not grant a Special Permit under this Section unless the petitioner’s application materials include, in the SPGA‟s opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section.

Require the location of the towers on land in areas where the adverse impact on the community is minimal,

Minimize the number and overall height of towers in Shirley,

Require the co-location of different telecommunication companies‟ antenna(s) on towers as much as possible

Encourage the siting of towers and appurtenances to minimize their visibility to the public, including if possible location of antenna(s) in or on existing buildings,

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently, and

To encourage the co-location of municipal use on wireless telecommunication towers and facilities by local municipal agencies use upon request.

No wireless telecommunications facility, which shall include towers of any type greater than five (5) feet in height, satellite dishes over three (3) feet in diameter, antenna(s), panels, and appurtenant structures, shall be erected or installed except in compliance with the provisions of this Section. The foregoing provision shall also apply to antennas to be added to an existing tower, which specific antennas were not previously approved during a Special Permit process. In all cases, a Special Permit is required from the Shirley Planning Board in accordance with the requirements set forth herein. Granting of a Special Permit is required prior to approval of a Site Plan by the Planning Board.

Only free-standing towers not requiring guy wires for support are allowed.

Tower height shall be limited to the minimum height necessary, as determined from objective technical evidence presented by the applicant. The tower shall not exceed seventy-five (75) feet above the average grade of the existing terrain at the tower base, or its base structure, unless the applicant demonstrates to the satisfaction of the Planning Board that a taller tower will permit multiple users without impact on the viewshed, and that the applicant will be unable to provide service with a shorter tower. In all cases, tower height shall be limited to the Federal Aviation Administration height limit beyond which lighting would be required for the particular siting area proposed, or 125 feet, whichever is less.

Wireless telecommunications facilities shall be suitably screened from abutters and residential neighborhoods and located only in commercially zoned property. Towers may be allowed on a lot as an accessory use to a main building, however no more than one (1) tower may be sited on any parcel of land.

There shall be a presumption by the Special Permit Granting Authority (SPGA) that the applicant’s service can be provided by location of antenna(s) in or on existing buildings or structures. This presumption may be rebutted by hard evidence to the contrary that such location is not feasible.

When utilizing existing buildings or structures for antenna(s) location, antenna(s) shall, be enclosed within an existing structure such as a church steeple or clock tower. Antenna(s) may only be placed on the exterior of existing buildings or structures upon the determination by the SPGA that placement within existing buildings or structures is not feasible, and that the placement of such antenna(s) does not materially detract from the historic value or traditional view of buildings or structures in the vicinity. The height limit imposed by Section 4.15.3.c above shall also apply to antenna(s) placed on existing buildings and structures, and shall be measured from the lowest ground elevation adjacent to the existing building or structure.

There shall be a presumption by the SPGA that co-location of multiple service providers now seeking, or anticipated to be seeking a tower location within the next three (3) years and within a two (2) mile radius of the proposed site, is possible, however each shall require a separate Special Permit This presumption may be rebutted by substantial evidence to the contrary that such co- location is not feasible.

Facilities shall be removed upon cessation of use, at the sole expense of the owner(s) of the facility defined in Section 4.15.6.a below. Use of the facility shall be determined to have ceased when it has not been in use for a period of twelve (12) continuous months, of for a total of eighteen (18) out of the last thirty (30) months. Records shall be submitted to the SPGA annually indicating the usage of the facility over the previous twelve (12) months, and its current operational status. Such information shall be a condition of the Special Permit.

All wireless telecommunications facilities shall comply with all applicable standards and regulations of the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), the American National Standards Institute, the Massachusetts Aeronautics Commission, and the Massachusetts Department of Public Health. The SPGA may require annual certification demonstrating continuing compliance with regulations and requirements of any or all of the above regulatory agencies as a condition of the Special Permit.

If the SPGA determines that independent review of the Special Permit is required, it may require the applicant to pay a review fee consisting of reasonable costs to be incurred by the SPGA for the employment of outside consultants pursuant to rules adopted by the SPGA as authorized by M.G.L. Chapter 44, Section 530.

The Shirley Planning Board is hereby designated the Special Permit Granting Authority (SPGA) to grant Special Permits for wireless telecommunications facilities. Special Permits shall be administered according to Section 10.3 “Issuance of Special Permits” of the Shirley Protective Zoning Bylaw.

The SPGA may require the applicant to perform an on-site demonstration of the visibility of the proposed tower by means of colored four (4) foot minimum diameter weather balloon held in place at the proposed site and maximum height of the tower. This demonstration shall take place after the application for Special Permit has been made, but prior to the close of the public hearing on said Special Permit. The applicant shall take care to advertise the date of the demonstration in a newspaper widely circulated in the neighborhood of the proposed site and notice of said public hearing shall be mailed to direct abutters and all abutters within a three hundred (300) foot radius of the proposed tower location. Failure, in the opinion of the SPGA, to adequately advertise and notify abutters of this demonstration may be cause for the SPGA to require another, properly advertised demonstration.

All towers shall be designed to have sufficient structural capacity to support antenna arrays for a minimum of two (2) separate wireless telecommunications companies. It shall be a condition of the Special Permit that all towers and facilities applications allow consideration for an option to lease tower space by the Town’s emergency services personnel (Fire, Police, and Ambulance) to be discussed within the public hearing process.

Any tower shall be set back from any lot line by a minimum distance equal to the height of the tower above the lowest surrounding grade, but in no case less than the minimum required setbacks for the district in which it is situated. Appurtenant structures shall also conform to the minimum required setbacks for the district in which the facility is located.

Notwithstanding the provisions of Section 4.l5.5.b, facilities shall be sited such that, at a minimum, a fifty (50) foot naturally vegetated buffer zone is provided between the nearest edge of the fencing surrounding the facility and any abutting property line.

Lighting at all wireless telecommunications facilities shall be limited to low-intensity lighting intended for security purposes and installed at or near ground level. The source for such lighting shall not be directly visible from any residential property in the area of the site.

Fencing shall be provided to control unauthorized access to the tower. Such fencing shall not be of the barbed wire or razor wire type, but shall be a minimum of eight (8) feet in height with an added section of anti-climber returning to the exterior. Said fencing shall be appropriately screened and colored to blend in with the surrounding landscape.

Towers shall be colored so as to blend in with surrounding landscape, including the possibility of different colors to cause the structure(s) to blend with the landscape below the tree-line horizon, and the sky above the tree-line horizon. The SPGA may impose reasonable conditions to ensure the facility will have the minimal impact on the surrounding neighborhood, visually and from noise generated by it. Conditions may include grading, screening by plantings and otherwise, and painting, as well as increased setbacks if noise from the facility is a concern, and in the sole opinion of the SPGA, is not adequately addressed by the applicant.

Access to the tower site shall be provided by a driveway designed to cause only minimal disturbance to the natural terrain, and provide emergency access at all times, the adequacy of which shall be determined by emergency services personnel and the SPGA. Wherever beneficial in the opinion of the SPGA, said access driveway shall be laid out so as to have sufficient turns to prevent passers-by from having direct line-of-site visibility to the facility.

There shall be no signs, except for no trespassing signs discreetly placed, and a required sign giving a phone number where the owner or legal operator of the facility can be reached on a 24-hour basis. All signs shall conform with the sign requirements of the Shirley Protective Zoning Bylaws, and shall be the minimum size necessary in the opinion of the SPGA to accomplish the purpose of the sign.

The height of satellite dishes (greater than three (3) feet in diameter as regulated under this Bylaw) located on property abutting property(s) upon which residential structures are sited, shall not exceed the height of the tree-line on the lot or an adjacent tree-line area, whichever is more conducive, and shall not be visible from any street.

There shall be one parking space only for each tower site to be used solely in connection with maintenance of the facility, and not to be used for the permanent storage of vehicles or other equipment.

There shall be only one building allowed to be constructed at the base of the tower, and it shall be for the purpose of housing the necessary support equipment for the tower transmission and receiving antenna(s). Said building shall be no higher than twelve (12) feet above the surrounding grade to its highest point, shall have a peaked roof (minimum six (6) Vertical: twelve (12) Horizontal pitch) and architectural features consistent with the zoning district and with surrounding existing buildings, shall have a maximum footprint of 400 square feet, and shall be screened from abutting properties as much as is feasible in the opinion of the SPGA. Multiple story buildings are permitted only if additional stories are below grade.

All network interconnections and other support equipment required to be sheltered shall be contained within the single support building allowed at the base of the tower. Other equipment shall be shown on the site plan, and may be subject to conditions or being placed within the support building. This determination shall be made by the SPGA based upon individual site conditions and the ability of the exterior equipment to be screened from abutting properties. The intent is to minimize visible clutter at the base of the tower to the maximum extent possible.

All electrical, telephone, and other utility wires servicing the facility, tower, dish or support structures for the said facility, shall be placed below ground, unless the SPGA determines that such placement is not feasible or is not in the best interest of the Town of Shirley. The construction standards for electrical service lines and appurtenances shall be designed according to specifications of Massachusetts Electric and Verizon Communications or applicable local telephone service carrier.

It shall be the joint and several responsibility of the Special Permit applicant and any subsequent owners of the facility to completely remove the tower, antenna(s), satellite dish(es), panels, and all appurtenant structures upon cessation of use of the facility, and to restore the site to its pre- construction condition. An initial cash bond shall be posted in a passbook account in a reasonable amount set and approved by the SPGA to assure timely and complete removal of all above ground structures associated with the facility when the use of the facility is discontinued. The tower and appurtenances shall be removed within ninety (90) days of written request from the SPGA to the current facility owner, beyond which time the SPGA may utilize the posted bond to effect the removal of all above ground structures associated with the facility, and the restoration of the site to its original grades with a permanently stable landscaped surface.

The applicant shall submit a bid for the removal of the facility from three (3) qualified contractors at the time of initial Special Permit Application. The SPGA may use these bids at its discretion to set the removal bond amount.

It shall be the responsibility of the current owner of the facility to maintain the entire facility and its access road and screening in a condition equivalent to that when construction was initially completed to the satisfaction of the SPGA. Therefore, a maintenance agreement between the applicant, or a designated operator, and the SPGA, shall be executed which defines the terms of and responsibility for the maintenance as required by the SPGA. Said agreement shall constitute a condition of the Special Permit. An additional bond shall be posted, in the form of a separate passbook account in an amount to be set and approved by the SPGA, to be utilized for maintenance of the facility and its access road and screening in the event the maintenance agreement to be executed between the SPGA and the applicant is not complied with to the on-going satisfaction of the SPGA.

Site Plan Approval by the Planning Board is required for the siting and construction of all wireless telecommunication facilities as defined above in Section 4.15.2 of this Bylaw. If modification of a previously issued Special Permit is sought, the Planning Board may require approval of a new site plan.

Site Plan review by the Planning Board may be conducted concurrently with the proceedings and public hearings of the Special Permit application as defined in Section 4.15.4 of this Bylaw.

Site Plan applications shall be made in conformance with the Site Plan Section (Section 7) of this Protective Zoning Bylaw, and in conformance with the Site Plan Review Regulations adopted by the Shirley Planning Board.

The lot has a minimum continuous street frontage of not less than fifty (50) feet.

The lot has at least one area suitable for the construction of a dwelling that can accommodate a circle with a diameter of 60 feet. This area shall be land exclusive of any resource areas as defined by the Wetland Protection Act, Chapter 131, Section 40, and its corresponding regulations, 310 CMR 10.00, as of the adoption of this requirement.

The lot must comply with all other dimensional requirements of applicable zoning district.

Not more than two Infill Residential Use lots shall abut each other.

If required by the Planning Board, two abutting Infill Residential Use lots shall be served by a common driveway.

An Infill Residential Use lot shall not interfere with the use and enjoyment of an abutting lot and will not adversely affect the neighborhood.

Notwithstanding any other provisions, a lot approved for Infill Residential Use by Special Permit from the Planning Board shall not be further subdivided, or reduced in area, or changed in size or shape, and it may be used only for Infill Residential Uses as defined above. The Planning Board shall require restrictions or covenants as necessary to assure the aforementioned criteria and use limitations.

Large-Scale, Ground-Mounted, Solar Electric Generating Installations shall require a Special Permit and Site Plan Review in accordance with the Zoning Bylaws of the Town in addition to meeting the requirements of this Section. An Installation may be permitted on one or more adjacent parcels (including those separated by a roadway) up to a maximum of a 5-acre parcel of land in the Mixed-Use District, Lancaster Road Commercial District, and Industrial Districts, as indicated in the chart below.

Large-Scale, Ground-Mounted, Solar Electric Generating Installations shall require a Special Permit and Site Plan Review in accordance with the Zoning Bylaws of the Town in addition.

Small-scale (occupying 1,000 square feet or less) Ground-Mounted, Solar Electric Generating Installations which are an accessory structure to a residential or nonresidential use do not need to comply with this section, but are subject to Site Plan Review, require a building permit, and must comply with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements and other provisions of the Zoning Bylaws, such as setback requirements.

Change in restrictive covenants either recorded or on the deed (MGL 184, Sec. 26)

Change in restrictions or conditions either recorded or on the deed (MGL 184, Sec. 26)

Change in conservation restriction in the form of a restriction, easement, covenant, condition, or right (MGL 184, Sec. 31)

Any change of use or designation of the parcel including but not limited to MGL 61, MGL 61A, or MGL 61B.

In the event any of the items are true, such notice must be submitted at the time of Site Plan Review or Special Permit Application. In the event of a change which allows the Town of Shirley a Right of First Refusal, the Town of Shirley’s Select Board and all potential assignees must waive the Right of First Refusal before the Site Plan Review or the Special Permit Application will be considered complete and the required periods for holding a public hearing on such application will begin to run.

Compliance with Laws, Bylaws and Regulations

The construction and operation of all Large-Scale, Ground-Mounted, Solar Electric Installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of the installation shall require a building permit and shall be constructed in accordance with the Massachusetts State Building Code.

The emergency response guide shall be provided to the Shirley Fire Department along with emergency contact information. Keys to all gate locks shall be provided to the Shirley Fire Department.

Prior to commencement of construction activities, a complete copy of the Stormwater Pollution Prevention Plan (SWPPP) shall be provided to the Zoning Enforcement Officer, the Planning Board, the Conservation Commission, and emergency services. The SWPPP shall include the names, addresses, and contact information, including 24-hour emergency contact information for all construction-period project operators including the project owner and all project contractors and/or subcontractors. Changes and updates to the site operator contact information must be provided in writing to the Zoning Enforcement Officer within one business day of any changes/updates.

Prior to final approval by the Electrical Inspector and Zoning Enforcement Officer, an Operations and Maintenance (O&M) handbook shall be submitted to the Planning Board, the Zoning Enforcement Officer, the Conservation Commission, and emergency services, that includes the names, addresses, and contact information for the site owner and the site operator (if different), a description of emergency response measures including procedures for shutting down the Installation, a checklist of inspection items, a schedule for implementing routine and emergency maintenance activities, and a long term pollution prevention plan consistent with the requirements of the MassDEP Stormwater Management Standards.

At such time that the responsible party(ies) transition or change, an updated O&M plan shall be submitted to the Planning Board, the Zoning Enforcement Officer, the Conservation Commission, and emergency services within five business days of the change.

Emergency shut-off procedures must be clearly indicated at each ingress point to the site. Each ingress point shall restrict access to authorized personnel only.

If earthwork activities require that material including, but not limited to, clean fill, loam, sand, and/or gravel be imported from off site, such material must be clean and without contamination by hazardous substances or invasive species and must be obtained from a source approved by the Shirley Department of Public Works. The applicant shall submit a detailed manifest describing the source of the material and shall provide the results of materials testing demonstrating that no hazardous substances or invasive species contaminate the material. If a manifest or materials testing information is not provided, the material must be removed and replaced at the applicant’s expense.

Prior to final approval by the Building Inspector, all landscape areas must be complete in accordance with the Landscape Plan.

General

All plans and maps shall be prepared, stamped, and signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts.

Operation & Maintenance Plan. The Site Plan application shall include a plan for the operation and maintenance of the Large-Scale, Ground-Mounted, Solar Electric Generating Installation, which shall include measures for maintaining safe access to the installation, stormwater and vegetation controls, as well as general procedures for operational maintenance of the installation.

Landscaping and Buffering. Landscaping shall be provided and maintained in accordance with the Site Plan approved by the Planning Board and incorporated as part of the plans on which the Permit is based.

If a property owner (or designated representative) of a lot from which the proposed installation can be seen without obstruction requests a visual rendering of the proposed installation from a vantage point of their choosing on said lot, the applicant shall submit one as part of the Site Plan or Special Permit Review. The visual rendering must accurately reflect horizontal and vertical scale of the installation, accessories, and landscape screening.

Appurtenant Structures

All appurtenant structures to Large-Scale, Ground-Mounted, Solar Electric Generating Installations shall be subject to the Town's Zoning Bylaw requirements concerning the bulk of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, fencing, transformers, and substations, shall be architecturally compatible with each other. Structures shall be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

Height of Structures

The height of any structure associated with a Large-Scale, Ground-Mounted, Solar Electric Generating Installation shall not exceed 15 feet. The height of any solar panel from ground level shall not exceed 10 feet.

Signage

Signs on Large-Scale Ground-Mounted, Solar Electric Generating Installations shall comply with all applicable requirements of the Zoning Bylaws. A sign shall be required to identify only the owner and provide a 24- hour emergency contact phone number.

Solar electric installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar electric installation.

Utility Connections

Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar electric installation 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 above ground if required by the utility provider.

Roads

Access roads shall be constructed to minimize grading, removal of stone walls or trees and minimize impacts to environmental or historic resources as approved by the emergency services departments in the Town of Shirley (e.g., Fire, Police and DPW).

Control of Vegetation

Herbicides may not be used to control vegetation at the solar electric Installation. Mowing and grazing underneath the solar array are possible alternatives.

Hazardous Materials

Hazardous materials stored, used, or generated on site shall not exceed the amount for a Very Small Quantity Generator of Hazardous Waste as defined by the DEP pursuant to MassDEP regulations 310 CMR 30.000 and shall meet all requirements of the DEP including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outdoor environment. If any hazardous materials, including, but not limited to, lithium ion (storage batteries) are used within the solar electric equipment, then impervious containment areas capable of controlling and containing any release of hazardous materials to the environment and to prevent potential contamination of groundwater are required. A list of any hazardous materials proposed to be located on the site and a plan to prevent their release shall be provided to the Planning Board and Fire Chief. The use of Cadmium Teluride solar panels are prohibited in the Town of Shirley.

Visual Impacts

The installation including all accessories and appurtenant structures shall be designed to minimize visual impacts, including preserving natural vegetation to the maximum extent possible, blending in equipment with the surroundings, and adding vegetative buffers to provide an effective visual barrier from adjacent roads and to screen abutting residential properties, whether developed or not. Siting shall be such that the view of the solar electric generating installation from other areas of Town shall be as minimal as possible, in the judgment of the Planning Board.

Emergency Services

A copy of the project summary, electrical schematic and Site Plan shall be provided to the local Fire Chief. The owner or operator shall cooperate with local emergency services to develop an emergency response plan. All means of shutting down the solar electric installation shall be clearly marked. A responsible person shall be identified for public inquiries throughout the life of the installation.

Land Clearing, Soil Erosion and Habitat Impacts

The facility shall be designed to minimize impacts to agricultural land and shall be compatible with continued agricultural use to the maximum extent possible. The facility shall be designed to minimize impacts to environmentally sensitive land. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the Large-Scale, Ground-Mounted, Solar Electric Installation or otherwise prescribed by applicable laws, regulations, and bylaws. In no event shall clear cutting of forest exceed 5 acres. The design shall minimize the use of concrete and other impervious materials to the maximum extent possible. Locating Large-Scale Ground-Mounted Solar Electric Generating Installations on grades in excess of 15% shall be avoided to the maximum extent feasible.

Habitat Impacts

Large-Scale, Ground-Mounted, Solar Electric Generating Installations shall not be located on Permanently Protected Open Space or Priority Habitat and BioMap 2 Critical Natural Landscape Core Habitat areas mapped by the Natural Heritage and Endangered Species Program (NHESP) and shall be designed to minimize impacts to "Habitat of Potential Regional or Statewide Importance" also known as "Important Habitat" mapped by the DEP to the maximum extent feasible.

Solar Electric Generating Installation Conditions

The facility shall be maintained in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and maintaining the integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Management Director. The property owner and the owner/operator of the facility shall together be responsible for the cost of maintaining the solar electric generating Installation and any access road(s).

Modifications

All Material Modifications to a solar electric generating Installation made after issuance of the required building permit shall require approval by the Planning Board.

Annual Reporting

The Annual Report, which certifies compliance with the requirements of this bylaw and the approved site plan, including control of vegetation, noise standards, and adequacy of road access shall be submitted to the Select Board, Planning Board, Fire Chief, Emergency Management Director, Building Inspector, 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 Annual Report shall also provide information on the maintenance completed during the course of the year, the amount of electricity generated by the facility, and the amount of surety available for decommissioning or indemnification (see Section 14c).

Abandonment

Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar electric installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. Upon written request from the Building Inspector addressed to the contact address provided and maintained by the owner and operator as required above, the owner or operator shall provide evidence to the Building Inspector demonstrating continued use of the installation. Failure to provide such evidence within thirty (30) days of such written request shall be conclusive evidence that the installation has been abandoned. I If the owner or operator of the Large-Scale, Ground-Mounted, Solar Electric Generating Installation fails to remove the installation in accordance with the requirements of this section 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 Electric Generating Installation. As a condition of Site Plan or Special Permit approval, the applicant, Installation owner, and/or landowner shall agree to allow entry to remove an abandoned or decommissioned installation. The Town's cost for the removal will be charged to the property owner in accordance with the provisions of M.G.L. 139, Section 3A as a tax lien on the property.

Financial Surety

A form of surety shall be provided and thereafter maintained, either through an escrow account, bond or other form of surety approved by the Planning Board to cover the cost of removal in the event the town must remove the installation 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 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent and the Town. Such surety will not be required for municipal or state-owned facilities. A fully inclusive estimate of the costs associated with removal, prepared by a licensed Professional Engineer shall be submitted. The amount shall include a mechanism for calculating increased removal costs due to inflation. The owner shall increase or replenish the surety as necessary to maintain an adequate amount, as determined by the Planning Board in accordance with the requirements of this bylaw.

Indemnification

The owner/operator shall indemnify and hold harmless the Town of Shirley and/or any of its citizens from any and all liabilities, losses and/or damages, including reasonable attorney fees, resulting from the failure of the owner/operator to comply with the terms of this bylaw and/or negligence in the operations and maintenance of any structures built in accordance with it. Any surety provided for in this bylaw shall be available for the aforementioned indemnification.

To provide for the placement of Marijuana Businesses in appropriate locations and under appropriate conditions.

To minimize the adverse impacts of Marijuana Businesses on adjacent properties, residential neighborhoods, schools, and other places where children congregate, local historic districts, and other sensitive and uses.

To regulate the siting, design, placement, security, safety monitoring, modification, and discontinuance of Marijuana Businesses.

The Shirley Planning Board is hereby designated the Special Permit Granting Authority to grant special permits for Marijuana Businesses. The application requirements and procedures will be conducted by the Planning Board pursuant to Section 8, Administration, of these Protective Zoning Bylaws.

No special permit will be granted by the Planning Board for a Marijuana Business unless an application is submitted containing the information outlined in Section 4.18.3.c. below.

No marijuana shall be smoked, eaten, or otherwise consumed or ingested on the premises, except as expressly authorized by law.

In no event shall a facility be open to the public, nor shall any sale or other distribution of marijuana occur upon the premises or via delivery to or from the premises, between the hours of 10:00 PM and 8:00 AM. (Amended Nov 17, 2025 STM; approved by AG Feb 13, 2026)

Marijuana Businesses are permitted within the Lancaster Road Commercial District (LRC); Non-Retail Marijuana Businesses are permitted within the Industrial District (I). Both require a Special Permit and Site Plan Review.

All aspects of a Marijuana Business relative to the cultivation, possession, processing, sales, dispensing, or administration of marijuana, marijuana products, related supplies, or educational materials must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the building.

If marijuana or marijuana products are to be delivered to, or shipped from, the building, these activities must take place in a secure, monitored location to guard against theft and must be fully shielded from public view by fencing or other means deemed suitable by the Planning Board.

No outside storage of marijuana, marijuana products, related supplies, or educational materials is permitted.

An updated copy of the information supplied in Sections 4.18.3.c.1 and 4.18.3.c.5 of this Bylaw; and

A copy of the current registration(s) or license(s) issued to the marijuana establishment by the Commonwealth of Massachusetts and any of its agencies.

The Marijuana Business shall not display on-premises signage or other marketing on the exterior of the building or in any manner visible from the public way promoting or encouraging the use of marijuana or other drugs. All signage shall comply with the requirements of 105 CMR 725.000, et al., as it may be amended or superseded, and the further requirements of the Protective Zoning Bylaws.

Marijuana Businesses shall not have drive-through service.

Meets all of the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will as proposed be in compliance with all applicable State laws and regulations;

Will provide copies of registrations and licenses required to operate the Marijuana Business, and a copy of a signed Host Community Agreement with the Town of Shirley, in accordance with Massachusetts General Law Chapter 94G and subsequent regulations, to the Town Building Commissioner prior to the issuance of a Certificate of Occupancy;

Is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest as defined in M.G.L. Chapter 40A, Section 11;

Provides a secure waiting area;

Provides adequate security measures to ensure the health or safety of all individuals, and that the storage and/or location of cultivation of marijuana is adequately secured in enclosed, locked facilities; and

Adequately addresses issues of vehicular and pedestrian traffic, circulation, parking and queuing, especially during peak periods at the facility, and adequately mitigates the impacts of vehicular and pedestrian traffic on neighboring uses.

A Special Permit granted under this section is non-transferable and shall have a term limited to the duration of the applicant’s ownership or leasing of the premises as a Marijuana Business.

Any Marijuana Business permitted under this section shall remove all material, plants, equipment, and other paraphernalia in compliance with 105 CMR 725.105 (J) and (O) upon the expiration, revocation, or voiding of its Massachusetts Department of Public Health (DPH) Registration and/or its license issued by the Cannabis Control Commission.

The production of a variety of housing types that will provide equal access to new housing for people with a variety of needs and income levels.

Economic development and meet community-based environmental goals, including reducing greenhouse gases and improving air quality by incorporating green principles and environmentally friendly best practices.

Further public investment in public transit and pedestrian- and bike-friendly infrastructure.

Subdistrict 1: 16 A 1, 16 A 2, 16 A 3, 16 A 4, 16 A 5, 16 A 5.1, 16 A 6.

Subdistrict 3: 23 C 19, 23 C 20, 23 C 21, 23 C 23, 23 C 24, 23 C 25, 23 C 9.1, 23 D 1, 23 D 2A, 23 D 2B, 23 D 3, 23 D 4, 23 D 4.1, 23 D 5, 23 D 6, 23 D 7, 23 D 8, 23 D 9.

Multi-family housing is allowed by right in all Subdistricts of the MFOD following the Site Plan Review Process in Section 7.0 of this Bylaw.

Where the MFOD is drawn over an Industrial (I) Zoning District, the uses listed in Section 3.5.1.a (Shirley Village Business District Permitted Commercial Uses) of this Bylaw shall be allowed by right in a building which also contains by-right multifamily dwelling units.

Short-term rentals are prohibited in housing built under this Section.

Renewable Energy Installations. The Site Plan Review Authority may waive the height and setbacks in this Section 4.19 to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create a substantial detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space within the development.

Electric Vehicle (EV) Charging Stations. For all uses within the MFOD, electric charging stations are required with one EV space required for every twenty (20) parking spaces, rounded up to the next highest number of EV stations.

Buffer areas. Buffer areas to abutting properties shall be retained in their natural vegetative state to the maximum extent feasible. All buffer areas and open spaces shall have appropriate native vegetative screening and landscaping to meet development standards and design requirements, as applicable.

Outdoor Lighting. Outdoor lighting shall comply with Sections 4.17.11a.1-4 of this Bylaw.

Signs. All signs shall comply with Section 6 of this Bylaw.

One- and one-half parking spaces shall be provided for each dwelling unit.

Off-street parking shall comply with Section 5.3 of this Bylaw, Design Standards for Off-Street Parking.

Adequate lighting shall be provided in parking lots of more than ten (10) spaces if off-street parking spaces are to be used at night and be dark sky compliant. However, minimum security lighting must be provided in all lots serving other than one-and two- family residential dwellings. The lighting shall be designed and installed to eliminate glare on adjacent property.

For additional requirements for commercial uses, see Section 5.5 of this Bylaw, Table of Off-Street Parking Requirements: Commercial and Institutional Uses.

Affordable units for purposes of this Section 4.19.10 shall be restricted to households with income at 80% of the Area Median Income, as adjusted for household size, as published by the United States Department of Housing and Urban Development (HUD) for the Boston-Cambridge-Quincy, MA-NH Metro FMR Area, and eligible for inclusion on the Subsidized Housing Inventory maintained by the Massachusetts Executive Office of Housing and Livable Communities (EOHLC).

Applicability. Site Plan Review is required for any multifamily residential project proposed within the MFOD or for any proposed commercial uses. An application for Site Plan Review shall be reviewed by the Permitting Authority for consistency with the purpose and intent of Section 4.19.

Submission Requirements. As part of any application for Site Plan Review for a project within the MFOD, the Applicant must follow Section 7, Site Plan Review, of these Bylaws.

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 Planning Board, 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 Section 4.19.10.

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

In parking lots containing more than 35 parking spaces, ten percent (10%) of the required parking spaces may be designed for small-car use. Small-car parking spaces shall be not less than nine feet in width and not less than 16 feet in length, and they shall be grouped in one or more contiguous areas and identified by appropriate signage.

Except as provided hereunder, required parking spaces shall normally be located on the same lot as the building or use they serve. However, the Planning Board may grant a special permit to allow use of parking facilities not on the same lot, provided that the Board determines, in consultation with the Building Inspector and Police Department, that proper provision is made to insure pedestrian and traffic safety and that the purposes of these Off-Street Parking Requirements are served.

Land in a residential district shall not be used for off-street parking accessory to or to service a structure or use in a non-residential district.

Except for parking within an enclosed structure, e.g., a parking garage, no parking space shall be located within eight feet of a building wall. Loading docks are exempt from this requirement.

In the Village Business, Mixed-Use and Commercial Districts, off-street parking for uses other than detached single-family or two-family homes shall be located in the rear and to the side of buildings, except that no side yard parking shall be located within 20 feet of the front elevation of a building. A development involving the renovation or redevelopment of existing buildings will not be required to conform to this requirement if the proposed uses are within the same or lesser category of parking demand. However, any building or structure or land use which changes its operation to a category of greater parking demand, as outlined in Section 5.5, must comply. All new construction must comply.

Shared parking is encouraged and shall conform to the most recent Institutes of Traffic Engineers (ITE) standards for shared parking. The Planning Board may authorize a decrease of up to twenty-five-percent in total required parking spaces for developments served by shared parking.

Except for single-family and two-family homes, parking areas containing fewer than 5 spaces shall have a minimum width of entrance and exit drives of 10 feet for one-way use and 18 feet for two-way use. For facilities containing five or more spaces, such drives shall be a minimum of 12 feet wide for one-way use and 22 feet wide for two-way use. The minimum curb radius shall be 15 feet. The maximum width of such driveways at the property line shall be 24 feet. The Planning Board may modify these width and radius limitations to facilitate traffic flow and safety.

Entrance and exit driveways will be located so as to provide for safe access and egress to the parcel being served and to protect pedestrian and bicycle safety. In addition, evidence that the necessary driveway permits will be issued by either the Shirley Department of Public Works for town-controlled roads or Massachusetts Highway Department for state-controlled roads must be presented before a building permit may be issued.

The Town prefers shared access drives serving adjacent non-residential or mixed-use parcels, with shared parking located behind buildings. The Town recognizes that if a Curb Cut Permit is required from the Massachusetts Highway Department, the construction, width and number of driveways must conform to the Massachusetts Highway Department standards. However, the Town expects applicants for Site Plan Review to make every reasonable effort to establish shared driveway access in a manner that will satisfy Massachusetts Highway Department standards.

No driveway shall be located closer than twenty-five (25) ft. to any street intersection measured along the street lines. In any non-residential district, no two driveways on the same lot shall be located closer than twenty-five (25) feet to each other at their closest limits.

No lot having less than 200 feet of street frontage shall have more than two (2) driveway entrances and/or exits on each street abutting the lot

No access aisle, entrance or exit driveway shall be located within five feet of a building

Ninety degree (90 degree) or parallel parking shall be used in all off-street parking lots unless there is positive control of traffic directions. Parking at angles at less than thirty degrees (30 degrees) is prohibited except for parallel parking. The minimum width of any interior driveway serving an off-street parking area shall be fifteen (15) feet.

Crosswalks shall be provided in appropriate locations and shall be clearly recognizable through the use of raised, textured or color treated surfaces in order to aid pedestrians in crossing traffic within the lot.

Any off-street parking area located in front of a building shall be separated from it by a paved walk at least eight (8) feet wide with a seven (7) inch high safety curb located along the front of the building, or other safety devices as the Planning Board may specify.

Where an entrance or exit normally used by the public exists along an exterior side or rear wall (except fire doors and loading areas), such entrance or exit shall be provided with a paved walk at least four (4) feet wide with a seven (7) inch high safety curb extending at least six feet along the building on either side of such entrance or exit.

Off-street parking and loading areas should be surfaced with asphalt, bituminous, cement, or another properly bound pavement so as to provide a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulation within the area.

Pervious or semi-pervious surfaces such as grass pavers are encouraged wherever possible, particularly in overflow parking areas. However, drainage calculations must assume that all such areas are impervious in order to assure adequacy of drainage design in the event that they are resurfaced with asphalt in the future.

Parking areas used for parking and vehicle maneuvering shall have grades not to exceed five (5) percent slope.

Driveways used exclusively for ingress or egress or interior parking lot circulation shall have slopes not exceeding twelve (12) percent except within thirty (30) feet of the road, in which case the slope shall not exceed five (5) percent.

Exceptions for Shirley Village Business District. In the Shirley Village Business District, the Planning Board may grant a Special Permit to reduce the number of parking spaces by up to twenty five (25%) percent of the requirement of Section 5.5 when the Planning Board, with the concurrence of the Building Inspector and Police Department, determines that sufficient public or on-street parking spaces exist within close proximity of such activity to supplement its parking needs. In addition, the Planning Board may waive all or part of these Off-Street Parking and Loading Requirements in the Shirley Village Business District if the Board determines that a reasonable effort has been made to meet the requirements and no additional spaces can be provided on a site.

One non-illuminated identification sign not to exceed three (3) sq. ft. area nor eight (8) ft. in height, stating the name and address of the occupant;

One temporary non-illuminated real estate sign pertaining to the lease, sale, or use of a lot or building on which such sign is placed, not exceeding a total area of six (6) sq. ft.;

One sign for identification of professional and home occupations, or of the occupant, not exceeding a total area of three (3) sq. ft.;

A marker not to exceed two (2) sq. ft. identifying a historic building;

A sign erected by the Town, State, or Federal Government;

A sign erected by a public carrier for direct information concerning its service at the location;

Signs and displays associated with an approved stand for the retail sale of agricultural or farm produce not exceeding twelve (12) sq. ft. in total area;

A sign erected by any fraternal, civic, religious, or service organization or club, merely announcing it presence in the Town of Shirley and the time and place of its regular meeting, provided such sign shall not exceed three (3) ft. in diameter or nine (9) sq. ft. in area;

Any flag, badge, insignia, or device of any governmental agency or civic, charitable, religious, patriotic, political, fraternal, or similar non-profit organization when displayed along a line of march of any parade, or in sockets along any street during a fund raising drive;

Project more than one ft. from the building wall when the building bounds on a lot line;

Project into or over the paved portion of a street or a right-of-way;

Exceed the height of the building.

No permitted sign, including projecting signs, shall be located in any street right-of-way;

No sign or advertising device shall be erected, used or maintained which in any way simulates official directional or warning signs erected or maintained by the Federal, State, or Town governments for the protection of the public health and safety;

No sign or advertising device shall be erected or maintained in such a manner as to obstruct or interfere with the free and clear vision on any street or driveway;

No sign or advertising device shall be erected or maintained with any lighting or control mechanism which may cause radio or television interference;

No illuminated sign or lighting device shall be placed or directed on any property in a manner that would permit the light beams and illumination therefrom to be directed or beamed onto a public Street or walkway, or onto adjoining properties so as to cause glare or reflection that might constitute a traffic hazard or public nuisance;

No animated sign or advertising device shall be erected;

No flashing sign or advertising device which creates intermittent or varying light intensity shall be erected;

No projecting sign shall extend more than twelve (12”) in. beyond the building walls or parts thereof, except as otherwise provided in these sign regulations;

No roof sign shall be erected;

No building or part thereof, such as a gable, roof, or wall, shall be outlined by direct illumination for the purpose of commercial advertising;

No sign shall be attached to or be erected or maintained in such a manner as to obstruct any fire escape, window, door, or other building opening used for egress and ingress, ventilation or other firefighting purpose;

No commercial advertising sign shall be allowed, except as otherwise provided in Section 6.4 hereof.

The nature and location of the project and the site, including a legal description of the property; Complete dimensions and area;

The zoning classification(s) that apply to the property;

Assessor’s map and lot numbers;

The proposed building or addition size with a breakdown of proposed use(s);

Calculation of existing and proposed lot coverage;

Estimated cost of all site improvements;

Projected public water demand, if any;

Projected number of employees, hours of operation and description of shifts, where applicable;

Projected parking spaces required for the development, based on proposed use(s) or number of employees, as applicable;

The name and address of the property owner and the applicant, if different from the property owner, evidence of site control such as a deed, purchase and sales agreement, or lease; and

A discussion of how the proposed development conforms to the Shirley Master Plan.

A title block showing the name of the site, the date, scale, name(s) of the owner(s) and the signature and seal of the registered professional engineer, architect or landscape architect.

North arrow and benchmarks used.

A locus plan at a scale of one inch equals 2,000 feet (1”=2,000‟).

Parcel lot lines for the proposed project and surrounding parcels.

Location, footprint, height and use of all existing and proposed buildings or structures, total area of buildings in square feet, streets, ways, drives, driveway openings within 300 feet of the site boundaries, walkways, service areas, parking spaces, loading areas, fences and screening, utilities, waste storage and disposal facilities, wells, and drainage facilities.

Proposed surface treatment of paved areas and the location and design of drainage systems with drainage calculations prepared by a registered professional engineer.

The location and description of all proposed septic systems, water supply, storm drainage systems, utilities, and refuse and other disposal methods, noting applicable approvals, if received.

Existing and proposed topographical contours of the property, taken at a minimum contour interval of two feet by a registered professional engineer or registered land surveyor.

Vegetation, indicating areas of retained vegetation, the location of any trees of more than eight inches in diameter and specimen trees of more than four inches in diameter, both measured as diameter at breast height (dbh), including trees located in the road right of way, and other unique natural features.

The location of wetlands and other areas subject to control under the Massachusetts Wetlands Protection Act, M.G.L. c. 131, Section 40, and the Shirley Wetlands Protection Bylaw, including regulatory buffer zones or setbacks from resource areas, identified through field survey acceptable to the Conservation Commission; Flood Plain and Floodway boundaries; and erosion control measures.

Location of all water resource protection areas, if any portion of the site is within 1,000 feet of a DEP Zone II, interim wellhead protection area or any surface water protection zone.

Location of the site in relation to any Areas of Critical Environmental Concern (ACEC) designated by the Commonwealth of Massachusetts, Executive Office of Environmental Affairs.

Lighting plan showing the location, height, intensity, and bulb type of all external lighting fixtures, the direction of illumination, and methods to reduce glare onto adjoining properties.

Landscaping plan showing the location, name, number and size of plant types, and the locations and elevation and/or height of planting beds, fences, walls, steps, paths and other walkways and or sidewalks.

Location and description of all proposed open space.

Location, height, materials, and size of all proposed signage.

Additional information that may be required by the Planning Board, as reasonably necessary, to make determinations required by this Bylaw.

A table of information showing how the plan conforms to the Zoning Bylaw.

Photograph standards. Photographs must be recent. Photographs should be in color and no smaller than 4” x 6”. Several different views are necessary, including those of adjacent properties.

Samples. Samples, models, mock-ups, etc., may be requested by the Planning Board.

Improve the development’s visual compatibility with the surrounding area;

Reduce the visual impact of parking on views from the road or from surrounding properties;

Improve the convenience and safety of vehicular and pedestrian movement within the site, considering the location of driveway openings in relation to traffic and/or adjacent streets and the adequacy and arrangement of parking and loading spaces;

Reduce the volume of cut or fill;

Reduce soil erosion;

Increase the protection of adjoining premises against detrimental uses by provision of stormwater management, sound and light barriers, preservation of light and air, and preservation of views when possible;

Protect or improve water quality;

Reduce the number of removed trees of 8” or more in diameter at breast height (dbh);

Increase the protection and enhancement of important, existing site features, natural or man-made;

Achieve consistency with the Site Development Standards at Section 7.12;

Conforms to the Supplemental Site Development Standards for Business Districts at Section 7.13, as applicable;

Is consistent with the Shirley Master Plan;

Meets all applicable requirements of the Zoning Bylaw.

The peak rate of stormwater runoff from such off-site facilities does not exceed the rate existing prior to the new construction based on a one-hundred-year design storm; and

The applicant has retained the rights and powers necessary to assure that the off-site stormwater drainage facilities will be properly maintained in good working order.

All areas designed for vehicular use shall be paved to the standards of section 4.5.6 of the Town of Shirley Subdivision Rules and Regulations with a minimum of either a four-inch (4”) bituminous asphalt concrete or other approved surface such as a six-inch (6”) Portland cement concrete pavement, brick, cobblestone or gravel.

Pedestrian walkways shall be composed of a raised, color-treated or textured surface clearly distinct from paved areas for vehicular use. The selection of surface treatments for pedestrian walkways shall be approved by the Planning Board in consultation with the Department of Public Works.

Outdoor lighting. Outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, shall be arranged to minimize glare and to not shine beyond the perimeter of the site.

Common driveway. Wherever possible, the Planning Board encourages shared driveway access to two (2) or more lots used for business or mixed-use development in any business district. A common driveway may not exceed a width of twenty-four (24) feet at any point where it crosses required open space or any required parking setback area.

In a business or industrial district where a business or industrial use abuts a residential district, the Planning Board may require a continuous landscaped buffer of at least thirty (30) feet in depth.

All parking lots and loading facilities shall be suitably landscaped to minimize their visual impact on the lot and upon adjacent property by the use of existing vegetation, where appropriate, and by the use of trees, shrubs, walls, fences or other landscape elements.

Any parking lot containing ten (10) or more parking spaces shall include landscaping which, in the opinion of the Planning Board, is located and designed to enhance the visual appearance of the parking or loading facility, to ensure traffic safety, and to minimize the adverse effects of the parking or loading facility on the natural environment. Such landscaped areas shall not be less in area than five percent (5%) of the total area of the parking lot and shall be in addition to any minimum open space required under Section 3 of this Zoning Bylaw. Any landscaping located at the perimeter of a parking lot which, in the opinion of the Planning Board, is deemed to satisfy the above standard shall be counted as open space but may be included as part or all of the required five percent parking lot landscaping.

Any development of 2,500 square feet or more of gross floor area shall provide pedestrian amenities such as street furniture, trash receptacles, pedestrian-scale lighting and informational signage, which shall be placed between the sidewalk and the building or buildings facing the street.

Interior pedestrian walkways shall be directly accessible from the sidewalk along the street and from off-street parking areas serving the development. The interior walkways shall be composed of a raised, color-treated or textured surface clearly identifiable and distinct from paved surfaces used for vehicular circulation.

Any development of less than 2,500 square feet of gross floor area shall provide pedestrian facilities appropriate to the scale of the project, such as a patio area with seating or trash receptacles. All such facilities shall be in accordance with the Planning Board’s rules and regulations.

A lot may have more than one building used principally for commercial purposes, provided that aggregate gross floor area does not exceed the floor area ratio for the zoning district in which the lot is located.

Buildings shall face the street or may be oriented around a courtyard or respond in design to a prominent feature, such as a corner location. Buildings and site design should provide an inviting entry orientation.

A single building with a width of more than 60 feet facing the street shall be divided visually into sub-elements which, where appropriate, express the functional diversity within the building.

Exterior materials. Appropriate exterior materials include painted clapboard, wood shingles or brick. Neutral or earth-tone colors are appropriate, but brighter colors may be applied to building trim with approval of the Planning Board. Variation in materials, appropriate colors and textures are encouraged when they are visual distinctive and aesthetically appropriate. Rough, imitation or reflective materials such as unpainted wood, field stone, smooth-face concrete, exposed metal, imitation materials, mirror glass, porcelain enamel or polished stone shall not be used unless approved by the Planning Board.

To the maximum extent practical, signs should be integrated with the building’s architecture and aligned to pedestrians on sidewalks, such as blade signs, single signs hung below canopies, or small signs on canopies or awnings.

Sculptural signs, signs that incorporate artwork, or signs with high quality graphics are encouraged.

Except for the Shirley Village and North Shirley Village Districts, neon or internally lit signs are permitted if they are incorporated into the design of the building, subject to approval by the Planning Board.

Front lighting or down lighting on signs is preferred.

There shall be a maximum of one sign per entrance to a development, of a size commensurate to the size and number of establishments in the development, extending not more than 12 feet off the ground.

Whenever possible, developments on adjacent lots shall be served by shared parking areas under written shared parking agreements.

Unless authorized by special permit from the Planning Board for site plan applications to alter or expand an existing structure, no off-street parking shall be located in front of any building. Side parking shall be at least 20 feet from the front of the building facing the street.

Be compatible with the built and natural environment and reflect the traditional image of Shirley as a New England agricultural town. Peaked roofs, chimneys, steeples, ornamental cornice work, towers, etc., are recommended to create interesting and varied rooflines. Buildings should acknowledge the uniqueness of their location, such as the corner of a block or end of a vista, with detailing correlating to the prominence of the setting.

Preserve and encourage distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site.

Be compatible with the authentic features of buildings in the local historic district or National Register Districts and/or surrounding structures of historic significance as determined by the Shirley Historical Commission, and preserve significant historical, architectural or cultural features when altering or adding to existing properties.

Provide a favorable business climate and promote economic vitality. Wherever possible and to the extent permitted in the district, designs should provide a mix of commercial, office and residential uses. Each project need not include all these uses, but should be coordinated with adjacent properties to provide complimentary uses and activities.

Ensure that site amenities such as seating, walkways, landscaping, fences, walls, light fixtures, etc., are provided, and are designed in order to support the other criteria described herein.

Ensure that signage relates in size, scale, color and overall design to the general character of its location and to the specific context in which it is to be placed.

Provide aesthetically pleasing, integrated green spaces. Useful, interconnected open spaces, such as greens, squares, arcades, patios and similar gathering spaces, appropriate to the location and scale of the development, should extend into a site in order to promote interaction. These spaces should ideally be linked by walkways to encourage interaction and a sense of community.

Improve traffic flow, pedestrian access and circulation to provide adequate parking. Parking and loading areas should be subdivided, screened and landscaped in order to reduce the visual impact of the parking and loading areas. Where possible, parking areas should be combined with and linked to other parking areas in order to make use of shared and complementary uses, which may lessen the total number of parking spaces required. Combined driveways are suggested, where possible, in order to lessen the number of curb cuts and facilitate a better flow of traffic.

Application for a special permit shall be filed with required number of copies indicated on forms provided by the Planning Board. For uses that require both a Special Permit and Site Plan Review under Section 7, the application for a Special Permit shall be a consolidated submission and the Planning Board’s Site Plan Review decision shall be incorporated in the Special Permit Decision.

The Planning Board may require additional information as necessary to adequately judge the merits of the request.

Applications for special permits shall be distributed to the Board of Health, the Conservation Commission, the Fire Chief, the Police Chief and the Director of Public Works. Reports from the same shall be submitted to the Planning Board within 35 days of filing of the applications.

The Planning Board shall evaluate the proposal with regard to the conditions and standards set forth herein.

The Planning Board shall hold a public hearing in conformance with the provisions of M.G.L. c.40A, Section 9, and with the provisions of this Bylaw.

The public hearing shall be held within 65 days after the filing of the application.

Notice shall be given by publication and posting and by first class mailings to parties of interest as defined in M.G.L. c. 40A, Section 11.

The Planning Board shall make a decision on the special permit within 90 days following a public hearing for which notice has been given. The time limit for public hearings and taking of action may be extended by written agreement between the petitioner and the Planning Board, with a copy filed with the Town Clerk. With respect to each special permit, the Planning Board shall establish a reasonable period, not to exceed two years, after which, if substantial use or construction permitted by the permit has not been commenced and is not continued, the special permit shall expire. This time period will begin on the date on which the permit is filed with the Town Clerk. The time period shall automatically be extended by the amount of time required to pursue and await the determination of an appeal.

No special permit shall take effect until notice of approval is recorded with the title of the land in question in the Middlesex County Registry of Deeds and until a certified copy of said recording is transmitted to the Planning Board by the Registry. The responsibility and the cost of said recording and transmittal shall be borne by the owner of the land in question. A petitioner who seeks approval because of the Planning Boards failure to act must notify the Town Clerk in writing, within 14 days from the expiration of said time limit for a decision, of such approval and that notice be sent by the petitioner to the parties in interest by mail, which notice shall specify that appeals, if any, shall be made pursuant to M.G.L. c. 40A, Section 17 and shall be filed within 20 days after the date of filing the request for approval with the Town Clerk by the petitioner.

Requirement of front, side or rear yards greater than the minimum otherwise prescribed by this bylaw;

Requirement of screening of service or parking areas or other areas of the site by walls, fences, planting, or other approved means;

Limitation of signs or other advertising features;

Limitation on hours of operation of a nonresidential use on land abutting a residential zoning district, when necessary to insulate residential uses from the adverse effects of noise, traffic or other activity;

Limitations of number or density of occupants, times or nature of operation, size, scale, or other characteristics of use or facilities;

Regulation of the number, design and location of access drives or circulation facilities;

Requirements of off-street parking, loading or other features beyond the minimum otherwise required by this bylaw;

Requirement that developments be done in stages or that appropriate Town or private services and facilities are available prior to the issuance of a building permit for any part of the proposed development.

Requirement that adverse effect, if any, to the water table and to the ecology in the vicinity of the proposed development be minimized to the maximum extent possible.

A written application for a Special Permit is submitted indicating the specific section of this Bylaw under which the Special Permit is sought and stating the grounds on which it is requested;

A Special Permit shall only be issued following a public hearing held within sixty-five (65) days after filing of an application with the Special Permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant.

Within ten (10) days after receipt of the application for a special permit under this section, the Board of Appeals shall transmit copies thereof, together with copies of the accompanying plans to the Board of Health, the Planning Board, and the Conservation Commission. All such boards shall investigate the application and report in writing their recommendations to the Board of Appeals. The Board of Appeals shall not take final action on such application until it has received a report thereon from the Board of Health, Planning Board and the Conservation Commission or until said Boards have allowed thirty-five (35) days to elapse after receipt of such application without submission of a report. Failure by the permit granting authority to take final action upon the application for a Special Permit within ninety (90) days of date of the public hearing shall be deemed a grant of the permit applied for and the Town Clerk shall certify forthwith.

A Special Permit granted pursuant to this section shall lapse after two (2) years, including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or in the case of permit for construction, if construction has not begun by such date except for good cause.

Conditions and circumstances are unique to the applicant's lot, structure or building and do not apply to the neighboring lands, structures or buildings in the same district;

Strict application of the provisions of this Bylaw would deprive the applicant of reasonable use of the lot, structure or building in a manner equivalent to the use permitted to be made by other owners of their neighborhood lands, structures or buildings in the same district;

The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of this Bylaw;

Relief, if approved, will not cause substantial detriment to the public good or impair the purposes and intent of this Bylaw;

Relief, if approved, will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the district.