Transcript Document

SCIENCE & TECHNOLOGY
OVERLAY DISTRICT
Proposed Zoning Bylaw Amendment
Public Hearing #4 / January 11, 2012
Past Planning Efforts
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Master Plan, 2000-2004
Route 6 Corridor Study, 2006
Route 6 Corridor Guidelines for Development, 2006
Priority Development & Protection Study, 2008
Narrows Redevelopment Report, 2010
Narrows Redevelopment Committee, 2010
Narrows Area Planning & Zoning Workshop, 2011
Why is this being proposed now?
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Ultimately, the new district is being proposed to
broaden Westport’s tax base, provide jobs and
strengthen workforce development.
Concurrently, we seek to add business while
maintaining the community character of Westport
 Open
space
 Water quality protection
 Minimize disturbances to residential abutters
Land Use & Taxes
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Land Uses:
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Residential (high, medium & low density)
Commercial
Agricultural, open space, wetlands
Tax base is predominantly residential use
 97% Residential
 3% Commercial
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For every $1.00 collected from residential taxes, $1.10 is spent
in community services
For every $1.00 collected from commercial taxes, $.40 is spent in
community services
22.1 Applicability
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Overlay District
A new zoning district in which additional regulatory
standards are superimposed on existing zoning.
 Overlay districts provide a method of placing special
restrictions in addition to those required by basic zoning
ordinances.
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Underlying Zoning:
Residence/Agriculture
 Commercial (extends in a 500’strip south of Rt. 6)
 With overlay zoning, all rights continue to exist for land under its
current zoning
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Zoning Map
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22.2 Administration
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Planning Board acts as the Special Permit Granting
Authority (SPGA)
Authorized under MGL Ch 40A §9
Discretionary permit which may be granted if it
meets specific criteria outlined within:
 Statute
 Zoning
Bylaw
 Rules & Regulations
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Conditions may be imposed
Permit is recorded at the Registry of Deeds
22.3 Procedures
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Planning Board acts as the SPGA on:
Assisted and Independent Living Facilities (Art. 11)
 Inclusionary Housing (Art. 13)
 Drive-Through Facilities (Art. 14)
 Open Space Residential Development (Art. 18)
 Noquochoke Overlay District (Art. 19)
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Site Plan Approval (Art. 15)
Low Impact Development (Art. 20)
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Concurrent hearing process
22.3 Procedures
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Application to PB for STOD Special Permit, Site Plan Approval &
Low Impact Development SPA
Application & plans distributed to town departments (Building,
Health, Conservation, Police, Fire) for comment and consistency with
applicable regulations
Application & plans sent to consultant engineer
Legal ad place in local paper
Certified, return-receipt abutters notifications
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Abutters are defined as direct abutters or abutters to abutters within
300’ of the subject property
Public hearing – presentation by the applicant, board questions,
abutters questions, deliberation & vote
Hearings may be continued to date/time certain
The Board may approve, deny or approve with conditions
Appeals of a special permit are made to Superior Court
22.4 Permitted / 22.5 Prohibited Uses
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STOD targets primarily low impact uses
The first public hearing advised for more “light
industrial” and “light manufacturing” uses
North American Industry Classification System
(NAICS)
Impacts (such as traffic, noise, dust, odor, and
vibrations) are reviewed and regulated within the
bylaw under “Performance Standards”
Prohibited Uses section was eliminated due t
duplication and potential confusion
Permitted Uses
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“No use is allowed which creates a nuisance to
abutters or to the surrounding area, or create any
hazards such as, but not limited to, fire, explosion,
fumes, gas, smoke, odors, obnoxious dust, vapors,
offensive noise or vibration, flashes, glare,
objectionable effluent or electrical interference,
which may impair the normal use and peaceful
enjoyment of any property, structure or dwelling in
the area.”
22.6 Lot Requirements
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Minimum Parcel Size
10 acres
Minimum lot Frontage
50 feet on an interior private street constructed as part of the Science and Technology
Overlay District or 150 feet on an existing road
Minimum lot width (at front building
400 feet
line)
Minimum Front Setback
40 feet from the sidelines of private streets within an Science and Technology Overlay
District, 150 feet from road
Minimum Side Setback
50 feet unless abutting Res/Ag district which requires 150 feet
Minimum Rear Setback
50 feet unless abutting Res/Ag district which requires 150 feet
Maximum % Lot Coverage
60% (includes buildings, parking lots, and roadways)
3 stories or 45 feet. Heights may be increased by 1 story or 15 feet for every additional
200 feet of setback provided with a maximum 5 stories or 75 feet.
Maximum Height
The height is described as the vertical distance between the highest point of the roof
and the average elevation of the naturally existing mean grade (the measurements taken
at the corners of the lot) prior to any excavation, leveling, grading, or filling at the
building foundation, exclusive of chimneys, air shafts, ventilators, vents, lightning rods,
or similar items which may be of the height required for proper operation or use. Wind
turbines are regulated under Article 17 of the Zoning Bylaws.
Building height applies to all buildings and/or structures. The building shall remain in
compliance with the height requirement after final grading.
Height
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3 stories or 45 feet
Heights may be increased by 1 story or 15 feet for every additional
100 feet of setback provided with a maximum 5 stories or 65 feet.
(flexibility)
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The height is described as the vertical distance between the highest point
of the roof and the average elevation of the naturally existing mean
grade (the measurements taken at the corners of the lot) prior to any
excavation, leveling, grading, or filling at the building foundation,
exclusive of chimneys, air shafts, ventilators, vents, lightning rods, or
similar items which may be of the height required for proper operation
or use. Wind turbines are regulated under Article 17 of the Zoning
Bylaws.
Building height applies to all buildings and/or structures. The building
shall remain in compliance with the height requirement after final
grading. (methodology)
22.7 Performance Standards
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Performance Zoning – Establishes minimum criteria
to be used when assessing whether a particular
project is appropriate for a certain area; ensures
that the end result adheres to an acceptable level
of performance or compatibility.
This type of zoning provides flexibility with the
well-defined goals and rules found in conventional
zoning.
22.7 Performance Standards
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Master Plan Approach to Development
Step Design process: 1. Designate Open Space 
2. Location of Building Sites  3. Street and Lot Layout
 4. Draw Lot Lines
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Interior Roadways – Construction standard
compliance with Town of Westport Subdivision Rules
and Regulations
Utilities – underground and consistent with all
applicable water, wastewater and stormwater
regulations
22.7 Performance Standards
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Lighting – fully shielded and downward facing
Buffer – A landscaped buffer within the STOD boundary
required. Variable berms acceptable.
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Access – Access roadways within buffer, mitigation
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There shall be no parking or buildings within the 100’ buffer
zone. Stormwater infrastructure may be allowed providing there
is no water leaving the property line onto adjacent lots.
The shall be no access to STOD developments from existing
residential streets (Heritage Drive, J Drive, B Drive, O Drive, R
Drive, D Drive, Lepire Ave, Franklin Ave, Summer Ave, Conserve
Ave, Register Ave, Banner Ave, Milk Ave, Velvet Ave, Sunset Ave
East)
Queue – Avoid queue and idling. Links directly to traffic
study
22.7 Performance Standards
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Parking – differs from existing zoning (in Article 5)
by requiring a maximum number of parking spaces
rather than minimum
 Based
on gross square footage or number of
employees
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Loading – need is based on size of building and
type of delivery truck anticipated
Signs –limits size and numbers of signs within the
site
Noise – limits to 60 dba at the lot line (Town Code)
22.8 Architectural Standards
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Standards exist in Site Plan Approval Rules &
Regulations
Borrowed from Dartmouth
22.9Traffic Study
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Adapted from the Town of Dartmouth’s “Office
Industrial District”
Requires initial traffic report and independent
review
If initial report shows an increase in traffic volume
of 10%, a level of service analysis is required
WHAT IS “LEVEL OF SERVICE?”
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The Level of Service (LOS) of an intersection is a
qualitative measure of capacity and operating
conditions and is directly related to vehicle delay.
LOS is given a letter designation from A to F, with
LOS A representing very short delays and LOS F
representing very long delays.
As a practical consideration, LOS D is considered
the limit of acceptable operation in an urban
environment. LOS C is the desirable condition.
22.10 Consultant Review
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Standard to require consultant engineering services
for permitting and construction phases.
 Paid
for by the applicant
Review Criteria
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The Planning Board must make positive findings in
order to approve a project under MGL Ch 40A §9
 Special
permits may be issued only for uses which are
in harmony with the general purpose and intent of the
by-law
 Subject to general or specific provisions set forth therein
 May also impose conditions, safeguards and limitations
on time or use.
Ancillary Amendments
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Item 2: Definitions
 Contains
general terms and definitions of specific uses
 Specific uses are based on NAICS codes
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See STOD v5 Appendix for Uses and associated
definitions
Ancillary Amendments
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Item 3 – identifying the Planning Board as the
Special Permit Granting Authority for the Science &
Technology Overlay District
Item 4 - Amends the Table of Uses Regulations to
include the Permitted Uses identified in Article 22.4,
plus specific NAICS specific uses
Item 5 – Include Science & Technology Overlay
District as a district in the zoning bylaw
Ancillary Amendments
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Item 6 – Identifies the location of the Science &
Technology Overlay District by Assessor’s Map and
Lot number
Item 7 – Identifies Science & Technology Overlay
District within the use regulations in the zoning
bylaw
Item 8 – Amends the Town of Westport Zoning Map
to reflect the addition of the Science & Technology
Overlay District
Stats
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District Size ~ 375 acres
Number of Parcels – 39
Number of Owners – 29
Zoning
 Res/Ag
~ 325 acres
 Business ~ 50 acres
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Topography
Estimated Constraints
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Wetlands ~ 100 acres
NHESP
Estimated Habitats of Rare Wildlife
Priority Habitats of Rare Species
~166 acres
Traffic
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Can be estimated using ITE Trip Generation
Manual
Residential Uses
Science & Technology Uses:
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Research & Development Center
Business Park
 Assumptions
50% of district is roads, wetland or
residential setback buffer =200 acres of
developable land
Traffic
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State Road Existing Traffic Volume Summary
(for the proposed business located at 474-484 State Road):
 Weekday
Traffic Volume – 15,500
 Weekday Evening Peak Hour – 1,527
 Saturday Traffic Volume – 14,650
 Saturday Midday Peak Hour – 1,403
Noise
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Town of Westport Bylaw XL (40)
MA Dept. of Environmental Protection 310 CMR 7.10
Noise is a type of air pollution that results from sounds that cause a
nuisance, are or could injure public health, or unreasonably interfere with
the comfortable enjoyment of life, property, or the conduct of business.
Types of sounds that may cause noise include:
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“Loud” continuous sounds from industrial or commercial activity, demolition, or
highly amplified music;
Sounds in narrow frequency ranges such as “squealing” fans or other rotary
equipment; and
Intermittent or “impact” sounds such as those from pile drivers, jackhammers,
slamming truck tailgates, public address systems, etc.
Noise
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A noise source will be considered to be violating MA DEP’s
noise regulation if the source:
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Increases the broadband sound level by more than 10 dB(A) above
ambient, or
Produce a “pure tone” condition – when any octave band center
frequency sound pressure level exceeds the two adjacent center
frequency sound pressure levels by 3 decibels or more.
These criteria are measured both at the property line and at
the nearest inhabited residence.
“Ambient” is defined as the background A-weighted sound
level that is exceeded 90% of the time, measured during
equipment operating hours.
“Ambient” may also be established by other means with
consent of the MA DEP.
http://www.mass.gov/dep/air/community/noisefs.pdf
Decibel Scale
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The smallest audible sound (near total silence) is 0 dB.
A sound 10 times more powerful is 10 dB.
A sound 100 times more powerful than near total silence is 20 dB.
A sound 1,000 times more powerful than near total silence is 30 dB.
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Examples:
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Near total silence - 0 dB
A whisper - 15 dB
Normal conversation - 60 dB
A lawnmower - 90 dB
A car horn - 110 dB
A rock concert or a jet engine - 120 dB
A gunshot or firecracker - 140 dB
Next Steps
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Planning Board deliberations
Continue public hearing
Questions or comments:
Sarah Raposa, Town Planner
(508) 636-1037
[email protected]
http://www.westport-ma.com/planning/index.html
Additional Links:
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Draft Bylaw (version 5)
MGL Ch 40A Section 9 (Special Permits)
Site Plan Approval (Zoning Bylaw Article 15)
Low Impact Development Bylaw
Noise Pollution Control – Town Bylaw Article XL
Noise Regulations – MA DEP
STOD Related Maps (forthcoming)