Article 38 - Zoning Bylaw Amendment: General Housekeeping - Multiple Sections

ARTICLE 38. To determine whether the Town will amend multiple sections of the Zoning Bylaw with corrections of clerical errors, clarifications of language, and housekeeping corrections for items such as spelling, grammar, syntax, and punctuation, as detailed below; or take any other action relative thereto. 

For emphasis only, deletions are shown in grey highlight strikeout and changes or additions are shown in grey highlight bold italics: here a portion of a section is quoted, other sections shall remain unchanged; and where a section is deleted subsequent sections are renumbered.

6. TABLE III – DIMENSIONAL REGULATIONS

 4.2.2.2

(l)    The total gross floor area of all buildings on the lot shall conform to the maximum floor area ratio as required in Section 6.2.13; and

(m)  The single-family dwelling or the additional dwelling unit shall not be used for a bed and breakfast under Section 5.3.15; and

6.2.6    Front yards: Front yards shall be measured between the sideline of the right-of-way and the nearest point of any structure, with the exception of uncovered steps and ramps or the construction of walls and fences. In all cases, corner lots shall be considered to have two (2) front yards and two (2) side yards. A lot having frontage on two (2) streets shall have two (2) front yards, each of which shall comply with the requirements of the front yard provisions.

6.3.1    Single lot exemption: Any increase in area, frontage, width, yard or depth requirement of this Bylaw shall not apply to a lot for a single-family dwelling which, at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land, conformed to then- existing requirements and had less than the proposed requirements but at least five thousand (5,000) square feet of area and fifty (50) feet of frontage.

7.6.1.12  Treatment works: Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works, for the purpose of treatment, storage, or disposal.

7.6.7.2 

(d)  Where a portion of the lot is located partially outside the Groundwater Conservancy District, site design shall, to the extent feasible, locate potential pollution sources, such as on- site disposal systems, outside the district boundaries.

 7.7.3.12    Maintenance: Parking and loading facilities and landscaping shall be continuously maintained in good condition and appearance. Whenever necessary, surfacing, lighting, curbing, markings and plantings shall be repaired or replaced with new materials, and drainage structures shall be cleaned or replaced, in order to ensure continued compliance with the provisions of Section 7.7. Failure to maintain parking facilities properly shall be considered a violation of the Zoning Bylaw.

7.8.2.1 Act: The federal Telecommunications Act of 1996.

7.8.2.4 Antenna: A device that is attached to a tower, or other structure for transmitting and receiving electromagnetic waves.

7.8.4.2 General requirements:

(j) No new tower for a personal wireless communication facility, shall be located within: 

ii. One-thousand (1,000) feet, on a horizontal plane, ofto the structure of an existing single-family detached dwelling;

iii. One thousand (1,000) feet, on a horizontal plane, ofto any structure in an Historic District, or listed, or eligible to be listed, on the state or federal Register of Historic Places;

7.8.4.6 Approval criteria:

(g) that the applicant has agreed to rent or lease available space on the tower, under the terms of a fair-market lease, without discrimination to other personal wireless service providers.;

Any decision by the Board to deny a special permit under this Section shall be in conformance with the Telecommunications Act of 1996, in that it shall be in writing and supported by substantial evidence contained in a written record.

7.9.1 Purpose and Intent: 

This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after April 2012the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.

7.9.3.1 Site plan review: Large-scale ground-mounted solar photovoltaic installations are subject to site plan review by the Planning Board. An applicant seeking to install large-scale ground-mounted solar photovoltaic installations (“Applicant”) Proponents shall submit site plans showing:

7.9.3.2 Site control: The project proponent The Applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed large-scale ground-mounted solar photovoltaic installations.

7.9.8.3 Financial aAssurance: An Applicant seeking to install Proponents of large-scale ground- mounted solar photovoltaic installations shall be required to enter a covenant with the Planning Board to ensure adequate funds are available to provide for decommissioning and removal of the installation.

7.9.3.4 Operation & maintenance plan: The Applicant project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, stormwater controls and general procedures for operations and maintenance of the installation.

9.2.3 Dimensional regulations. Except as provided in this sSubsection, all dimensions shall comply with the provisions of Section 6, Table III, Dimensional Regulations. However, to protect the surrounding neighborhood, the Planning Board may require that buildings within the development be set back from some or all of the boundaries of the original development tract. The required setback from such boundaries shall be no more than fifty (50) feet.

9.2.4.3 In all cases, a perpetual restriction of the type described in G.L. c. 184, sec. 31 (including future amendments sthereto and corresponding provisions of future laws) running to or enforceable by the Town shall be recorded in respect to such land. Such restriction shall provide that the open space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, recreation, or park. 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.

10.2.3.3 Unit size: A variety of units shall be provided within the PRD, which may include dwelling units of one, two, three or more bedrooms;. Units shall have with a minimum gross floor area of not less than four -hundred (400) square feet.

10.2.9.1

(a) Land abutting the Concord, Assabet or Sudbury Rivers, their tributaries, Elm Brook, or ponds of significant public interest, which enhances or protects wetlands or flood plain, or which provides public access to the water body, or which enhances or provides significant scenic vistas or views, or which provides water-related recreational opportunities;

10.2.11 Sustainable design requirement:

(a) Low impact development for stormwater design. Low impact development should rely relies on natural features (indigenous to the site or bio-designed) to protect water quality and encourage on-site infiltration of stormwater. Such measures may include use of natural drainage flow paths, minimization of land clearance, incorporation of bioretention features/raingardens, and minimization of the creation of impervious surfaces (through building clustering, minimizing size and footprint of buildings and paved areas, and use of pervious surfaces where practical). 

(b) Energy efficiency and clean energy usage. Use of energy Energy-efficient appliances and HVAC systems should be used is desired. All-electric buildings, with no fossil-fuel usage, and the use of more sustainable forms of energy production, such as geothermal and solar, are encouraged.

(c) Energy efficient building design. The building envelope and components (bBuilding framing, insulation, windows, HVAC systems) should be designed to maximize energy conservation.

(d) Building layout. The arrangement of buildings on the site and the accompanying infrastructure should minimizes impervious surface area and maximizes contiguous open space for both residents and wildlife.

(e) Ways to minimize Minimization of greenhouse gas emissions. Maintaining or proposing new vVegetation to maximize carbon sequestration on site and should be proposed or maintained. Selection of HVAC systems and appliances to  that encourage use of renewable energy sources should be selected. Construction design to should minimize emmissions from construction vehicles.

(f) Other green building, energy efficiency, sustainability measures. The applicant is encouraged to may propose other measures that fit within the broad rubric of sustainable site planning, design and construction.

10.3.1 Special provisions for the Concord Housing Authority and Town of Concord projects: Except as provided for in subsection 10.2.6 and 10.2.7 above, the limitations contained in subsection 10.2 shall not apply to a PRD application submitted by the Concord Housing Authority or to a PRD application submitted by the Concord Select Board in which at least  seventy-five percent (75%) of the units will be of the type described in subsection 10.2.3.1 and 10.2.3.2 provided that the Board shall find that the proposed design is generally in keeping with the purposes of this Bylaw and with Town of Concord Housing Partnership Guidelines.

10.3.2 Special provisions for non-profit entity: Except as provided for in subsection 10.2.6 and 10.2.7 above, the limitations contained in subsection 10.2 shall not apply to a PRD application submitted by a Non-profit entity in which at least seventy-five percent (75%) of the units will be of the type described in subsections 10.2.3.1 and 10.2.3.2 provided that the Board shall find that the proposed design is generally in keeping with the purposes of this Bylaw.

11.1.1 The Building Inspector, upon a written complaint of any resident citizen of, or owner of property within, the Town or upon such officer’s own initiative, shall institute any appropriate action or proceedings in the name of the Town of Concord to prevent, restrain or abate violation of this Bylaw.

11.8.7.1

(b) Physical layout of the plan as it relates to convenience and safety of vehicular and pedestrian movement within the site, the location of driveway openings in relation to traffic or to adjacent streets and, when applicable necessary, compliance with other regulations for the handicapped, minors and the elderly;

Article Explanation

This article addresses spelling errors, updates and clarifies language, and corrects clerical oversights.

Article Motion

Ms. Felshin moves that the Town take affirmative action on Article 38 as printed in the Warrant.