SCIENCE & TECHNOLOGYOVERLAY DISTRICTProposed Zoning Bylaw Amendment

Public Hearing #4 / January 11, 2012

Past Planning Efforts

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

2

Why is this being proposed now? 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

3

Land Use & Taxes

Land Uses: Residential (high, medium & low density) Commercial Agricultural, open space, wetlands

Tax base is predominantly residential use 97% Residential 3% Commercial

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

4

22.1 Applicability

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.

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

5

Zoning Map6

22.2 Administration

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

Conditions may be imposed Permit is recorded at the Registry of Deeds

7

22.3 Procedures

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)

Site Plan Approval (Art. 15) Low Impact Development (Art. 20)

Concurrent hearing process

8

22.3 Procedures9

1. Application to PB for STOD Special Permit, Site Plan Approval & Low Impact Development SPA

2. Application & plans distributed to town departments (Building, Health, Conservation, Police, Fire) for comment and consistency with applicable regulations

3. Application & plans sent to consultant engineer4. Legal ad place in local paper5. Certified, return-receipt abutters notifications

Abutters are defined as direct abutters or abutters to abutters within 300’ of the subject property

6. Public hearing – presentation by the applicant, board questions, abutters questions, deliberation & vote

7. Hearings may be continued to date/time certain8. The Board may approve, deny or approve with conditions9. Appeals of a special permit are made to Superior Court

22.4 Permitted / 22.5 Prohibited Uses

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

10

Permitted Uses11

“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 Requirements12

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 line) 400 feet

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)

Maximum Height

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.

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.

Height13

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) 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 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.

14

22.7 Performance Standards Master Plan Approach to Development

4 Step Design process: 1. Designate Open Space 2. Location of Building Sites 3. Street and Lot Layout 4. Draw Lot Lines

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

15

22.7 Performance Standards Lighting – fully shielded and downward facing Buffer – A landscaped buffer within the STOD boundary

required. Variable berms acceptable. 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.

Access – Access roadways within buffer, mitigation 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

16

22.7 Performance Standards 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 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)

17

22.8 Architectural Standards Standards exist in Site Plan Approval

Rules & Regulations Borrowed from Dartmouth

18

22.9Traffic Study

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

19

WHAT IS “LEVEL OF SERVICE?”

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.

20

22.10 Consultant Review

Standard to require consultant engineering services for permitting and construction phases. Paid for by the applicant

21

Review Criteria

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.

22

Ancillary Amendments

Item 2: Definitions Contains general terms and definitions of

specific uses Specific uses are based on NAICS codes

See STOD v5 Appendix for Uses and associated definitions

23

Ancillary Amendments

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

24

Ancillary Amendments

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

25

Stats26

District Size ~ 375 acres Number of Parcels – 39 Number of Owners – 29 Zoning

Res/Ag ~ 325 acres Business ~ 50 acres

Topography

Estimated Constraints27

Wetlands ~ 100 acres NHESP Estimated Habitats of Rare Wildlife Priority Habitats of Rare Species ~166 acres

Traffic28

Can be estimated using ITE Trip Generation Manual

Residential Uses Science & Technology Uses:

Research & Development Center Business Park

Assumptions 50% of district is roads, wetland or residential setback buffer =200 acres of developable land

Traffic29

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

Noise30

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: “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.

Noise31

A noise source will be considered to be violating MA DEP’s noise regulation if the source: 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 Scale32

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.

Examples: 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 Steps33

Planning Board deliberations Continue public hearing

Questions or comments:Sarah Raposa, Town Planner

(508) 636-1037RaposaS@Westport-MA.gov

http://www.westport-ma.com/planning/index.html

Additional Links:34

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)