A. ARTICLE --: To see if the Town will vote to amend the Town of _________ Zoning Bylaw by adding the following Section:

3.15. Commercial Interchange District

3.15.1 Purpose

The purpose of the commercial interchange District (CI) is to enhance the welfare of the community by promoting stable and sustainable economic development of appropriate land areas which are valuable to the local economy, while preserving the health and safety of its residents; and to provide protection for the Town’s natural resources from environmentally undesirable or adverse impact by encouraging innovative and efficient planning for commercial developments.

3.15.2 Applicability

All uses and developments located within the Commercial Interchange (CI) District must conform with the provisions of Section 3.15. Proposed developments in the CI District are not required to obtain the Special Permits described in Section 3.11 (Water Resources Protection), Section 3.12 (Watershed Protection District, Section 3.14 (Floodplain), and Section 2.12 (Earth Removal) and 3.8 (Earth Removal). However, where they are applicable, the purpose and use regulations of those sections shall be met by proposed CI developments, and the review procedures shall be incorporated by the Planning Board into their review of EI proposals

3.15.3 Use Regulations

3.15.3.1Permitted Uses

The following uses are permitted as-of-right in the CI District:

(1) Agriculture, horticulture, floriculture, viticulture

(2) The sale of produce, wine and dairy products; provided that during the months of June, July, August and September of every year, the majority of such products for sale (based on either gross sales dollars or volume) have been produced by the owner of the land on which the facility is located.

 

3.15.3.2 Special Permit Uses

The following uses are permitted in the CI District, subject to the issuance of a Special Permit from the Planning Board:

(1) Child Care/Daycare Center (11) Hotel or Motel

(2) Animal Kennel or Hospital (12) Conference Center

(3) Retail Business (13) Medical Facilities

(4) Wholesale Business (14) Uses Accessory to Items (1)-(13) above

(5) Business Offices (15) Uses accessory to agriculture, horti-

(6) Restaurant (Indoor) culture, floriculture or viticulture,

(7) Municipal Use provided that such activities are

(8) Religious Use necessary in connection with scientific

(9) Commercial Recreation research or scientific development or

(10) Golf Course related production.

3.15.3.3 Prohibited Uses

All other uses are not permitted in the CI District.

3.15.3.4 Intensity of Use

Developments within the CI District shall conform with the following area, intensity and dimensional requirements:

a. Minimum Lot Requirements

(1) Minimum Lot Area: 5 acres

(2) Minimum Frontage: 225 feet

b. Minimum Yard Requirements

(1) Front Yard: 90 feet*

(2) Side Yard: 15 feet*

(3) Rear Yard: 25 feet*

*Where the CI District abuts residential zones or existing residential uses, the minimum yard depth shall be 100 ft. At least 75 percent of side and rear yards shall be landscaped or left in a natural vegetated state. No impervious area other than access driveways from the road shall be located within 90 feet of residential zones or existing residential uses.

c. Maximum Impervious Coverage

No more than 70 percent of a lot (or lots in an integrated development) shall be rendered impervious.

d. Minimum Landscaped Open Space

A recommended standard of 30 percent of the lot (or lots in an integrated development) shall be landscaped open space. The Planning Board may allow a reduction of this standard upon reaching a finding that achieving this standard would be excessive given the unique circumstances of the applicant. This shall include all Landscape plans shall be prepared by a Massachusetts Registered Landscape Architect. A minimum 50-foot deep landscaped buffer strip must be provided adjacent to any road.

e. Maximum Building Height

Maximum building height in the CI District is fifty (50) feet.

3.15.4 General Regulations and Standards

Developments in the CI District shall comply with all applicable regulations of Section 3.3 (Sign Regulations), Section 3.4 (Specific Standards in Commercial and Industrial Districts), and Section 3.5 (Parking Requirements), unless otherwise specified within section 3.15.

3.15.4.1 Sewerage

All developments in the CI District must be connected to a municipal sewerage system. The primary responsibility for such connection shall be borne by the developer(s).

3.15.4.2 Water Supply

Potable water of quality and quantity acceptable to the Board of Health and Fire Chief for all proposed uses and fire protection must be provided. Water supply system design should be completed in accordance with the distribution model referenced in the Town’s Water Master Plan prepared by Dufresne-Henry in July 1997.

3.15.4.3 Drainage

Developments in the CI District must comply with all applicable drainage standards of the Rules and Regulations governing the Subdivision of Land in Plainville, MA as well as DEP Stormwater Management Standards, including the preparation of a Stormwater Management Plan.

3.15.4.4 Traffic

Developments in the CI District must comply with all applicable traffic standards of the Rules and Regulations Governing the Subdivision of Land in Plainville, including the preparation of a Traffic Impact Assessment.

3.15.4.5 Parking Lots and Loading areas

a. All parking shall be provided and wholly located within the CI District, and shall comply with the minimum standards set forth in Section 3.5.1.

b. At least 10 percent of the total number of parking spaces provided shall be a minimum of 10 feet wide and 20 feet long, and shall be located within 300 feet of the building to be served. Such spaces shall be in addition to any handicapped parking spaces.

c. Aisles in parking lots shall be a minimum of 24 feet wide. Aisles adjacent to or nearest buildings or servicing loading areas shall be at least 30 feet wide.

d. Loading areas shall be designed and constructed so as to allow reasonable maneuvering by large vehicles without danger of vehicles overrunning curbs or striking site features. All designs shall be based on the most recent AASHTO vehicle turn radii/patterns for the largest vehicle that would reasonably be expected to service the facility.

e. Landscaping shall, at a minimum, be in accordance with Section 3.5.1.3. The Planning Board may require reasonable and proper landscaping in any development that will be harmonious with the nature and extent of the proposed project and its surroundings.

f. All loading areas shall be screened from the remainder of the development to the maximum extent practicable.

g. All dumpster, compactor or other refuse collection areas, pallet yards, or similar features shall be effectively screened by a fence around the perimeter of the area with a lockable gate, or other screening deemed suitable by the Planning Board.

3.15.4.6 Hazards

Any areas deemed hazardous by the Board or the Fire Chief shall be protected in a manner reasonably acceptable to the Board, based on the degree of hazard. The ultimate liability for any hazardous area,whether or not addressed by the Board, is the responsibility of the applicant or owner.

3.15.4.7 Water Resource Protection

The outdoor storage of salt, snow-melting chemicals, pesticides, herbicides, water soluble chemicals, heavy metals, radioactive substances or volatile chemical compounds is prohibited in the CI District. Where applicable, the Wetlands Protection Act and Rivers Protection Act shall prevail.

3.5.4.8 Signage

Signage for the CI District shall conform to the applicable regulations of Section 3.3.1 Flashing or Moving Parts and 3.3.2 Illuminated Signs. signs within the CI District shall further conform to the regulations of 3.3.4 Signs in Commercial Districts with the following exceptions: More than one sign per building shall be permitted and/or any freestanding signs may exceed height and area regulations and/or directional signs may exceed three (3) square feet in size subject to approval by the Planning Board.

3.15.5Administrative Procedures

a. Applications. the Planning Board shall develop an application form for applications submitted pursuant to this Section and a request form for the pre-submission conferences.

b. Pre-Submission Conference. Prior to filing an application for a Special Permit for a development in the CI District, the applicant shall request, in writing, a pre-submission conference with the Planning Board. The Planning Board shall conduct such a conference within 45 days of its receipt of such a request. Copies of the preliminary site development plan shall be forwarded to boards and officials including but not limited to: Board of Health, Conservation Commission, Fire Department, Police Department, Board of Selectmen, Industrial Development Commission, Building Inspector, Water and Sewer Department, Town Clerk, Highway Department and Assessor’s Department.

At the pre-submission conference the Planning Board shall discuss the plan with the applicant and shall forward any comments raised by the Planning Board promptly to the applicant. In addition, the Planning Board shall determine at the pre-submission conference the scope of the Development Impact Statement (DIS) for the project. Any comments and the DIS scope shall be provided in writing.

c. Special Permit. Each application for a special permit shall be filed by the applicant with the Town Clerk, and a copy of said application, including the date and time of filing certified by the Town Clerk, shall be filed forthwith by the applicant with the Planning Board. Special permit applications shall include a Development Impact Statement for the proposed project.

d. Final As-Built Plans. An as-built plan or plans showing the project as actually constructed [with respect to buildings, parking areas, utilities, and major site features] shall be submitted to the Planning Board, Board of Water and Sewer Commissioners, Highway Department, and Board of Assessors, and Fire Department upon completion of the project. As-built plans should be prepared generally in conformance with the as-built plan requirement for subdivisions as prescribed by the Town of Plainville Subdivision Rules and Regulations.

e. Project Segmentation. All CID applications shall depict all development contemplated unless the project is to be"phased" and the applicant’s intent to phase the project submitted under this Section is clearly and unambiguously represented to the Planning Board. The dividing of projects submitted under this Section into segments in order to circumvent provisions of this Section is hereby prohibited.

3.15.6 Information Requirements

1. Pre-Submission Conference. A preliminary site development plan shall accompany the request for a pre-submission conference. The plan shall include, generally, (1) existing topography and site features (2) the location of all proposed structures; (3) parking and loading areas; (4) access roadways; (5) sanitary facilities; (6) stormwater management facilities; and (7) off-site traffic mitigation measures. The preliminary site development plan or plans shall be accompanied by a brief narrative generally conforming to the format of the Environmental Notification Form (ENF) required under the Massachusetts Environmental Policy Act (301 CMR 11.00). If it is expected that the proposed project will require the preparation of an ENF, a draft copy of the ENF shall be submitted.
2. Special Permit Application. Plans accompanying an application for a Special Permit in the CI District shall comply with the requirements of Section 3.13.4. Applicants shall submit 15 copies of a completed application form signed by the applicant or the applicant’s authorized representative, 15 sets of plans, 6 copies of the Development Impact Statement (if required), and 6 copies of the ENF (if required) to be distributed to and reviewed by the following town agencies including but not limited to: Board of Health, Conservation Commission, Fire Department, Police Department, Board of Selectmen, Industrial Development Commission and Building Inspector, Water and Sewer Department, Town Clerk, Highway Department and Assessor’s Department.
3. Development Impact Statement (DIS). The DIS shall comply with the scope that is formulated at the pre-submission conference. Items that may be addressed by the DIS include, but are not limited to: effects on stormwater runoff flows, erosion and sediment control plans, method of recycling water into the ground, the maintenance and improvement of the flow and quality of surface and subsurface water; the preservation of wildlife habitat, historic sites, unique geological, botanical and archaeological features, physical condition of the site and surrounding area and access to open space areas; public utilities, the local business economy and municipal finances; ands the health and safety of the inhabitants of the area. The Planning Board will specify the depth and level of DIS analysis for each proposed development that is commensurate with the magnitude of the project; however, the following sections describe typical information that may be required:
1. Physical Conditions
   1. Description of existing, physical conditions of the site, including topography, location and varieties of vegetation and geologic type, scenic and historical features, open space links, and indigenous wildlife.
   2. Description of how project will affect above features.
   3. Provide a complete description of the project including its effect on the surrounding area and watershed.
   4. Impact of proposed development on air quality, traffic, and noise levels.

    

2. Surface Water and Erosion Control

   Description of location, size and type of existing water bodies, wetlands and flood plains; including existing surface drainage characteristics, both within and adjacent to the project.

   Applicant shall submit stormwater management system design calculations and pollutant loading analyses as required by the current Board of Health regulations and Plainville Subdivision Regulations. Pollutant loadings resulting from the project shall analyze Phosphorus, Nitrate, BOD and Suspended Solids in ppm compared with acceptable state standards; to assist in analysis of project’s impact on water quality.

   applicant shall submit copies of the erosion control plans for the project which shall delineate both temporary (construction) and permanent erosion control methods to be used. construction measures must be planned in accordance with the requirements of the applicable National Pollutant Discharge Elimination system permit requirements for discharges associated with construction activities for all sites with disturbed areas in excess of five (5) acres. For sites with disturbed areas less than five (5) acres and for permanent erosion controls, the plan shall embody the methodologies described in DEP Soil Erosion and Sedimentation Guidelines.

   Describe approximate size and location of land to be cleared at any given time and length of time of exposure; covering of soil stockpiles, and other control methods.

   Describe and evaluate the permanent methods to be used to control erosion and sedimentation. Criteria to include in a descriptive analysis are:

    

   1. Calculate amount of anticipated soil loss on-site due to erosion; use of SCS Universal Soil Loss Equation shall be employed.
   2. Designate any existing or proposed areas subject to flooding.
   3. Proposed surface drainage system(s).
   4. Methods to be used to protect existing vegetation.
   5. The relationship of the development to the topography including techniques to control runoff.
   6. any proposed alterations of shore lines, marshes or seasonal wet areas.
   7. Any existing or proposed flood control or drainage easements.
   8. Estimated increase of peak runoff caused by altered surface conditions, and methods to be used to return water to the subsurface.
   9. Effects on surface water quality.

    

3. Groundwater and Soil conditions
   1. Where appropriate, the Planning Board may require soil surveys to establish the suitability of the land for proposed storm drainage installations and building foundation stability. In preparing the statement, the applicant shall utilize the Soil Survey Maps and Manual, prepared by the Soil Conservation Service, U.S. Department of Agriculture, or industry recognized in-situ investigative methods.
   2. Describe any limitations on the proposed project resulting from subsurface soil and water conditions; including methods to overcome limitations.
   3. Describe approximate depth to bedrock and ground water table based on reference to Surficial Geology Maps or through test borings.
   4. Describe procedures and findings of percolation tests conducted on the site.
   5. Describe any proposed environmental remediation planned for the site resulting from the need to remove EPA or State-listed hazardous materials present on the site.
4. Human Environment
   1. Provide a tabulation of proposed buildings by use, construction type, minimum lot area (number of bedrooms, floor area), ground coverage, and a summary showing the percentage of the tract to be occupied by buildings and parking and remaining open space.
   2. Describe type of construction, building materials used, location of common areas, location and type of service facilities (e.g. laundry, trash, garbage disposal)
   3. Description of location, size and type of active and passive recreational facilities and open space available to residents.
   4. Describe proximity to transportation facilities, shopping areas and educational centers.
   1. Services Impacts
      1. Provide data estimating local roadway network impacts due to projected traffic flow at peak hours; include projected vehicle trip generation, roadway volumes, intersection level of service changes and capacity estimations on connecting streets. 
      2. Determine safety impact the development will have on connecting arterial streets; accident trends and rates are to be calculated.
      3. Show the location of parking areas, circulation patterns and number of vehicle spaces.
      4. Determine the effect of the project on the town water supply and distribution system.
      5. Determine sewerage impact on capacities of existing Town facilities and the North Attleborough (Ten Mile) Sewage Treatment Plant, including the effect on capacity limits and projected increased charges to the Town based on the intermunicipal sewage agreement between Plainville and North Attleborough.
      6. Fiscal Impact
         1. conduct a cost-revenue fiscal analysis describing the cumulative impact the development shall have on Town financial resources.
         2. cost factors include the following: project effect on police and fire protection, highways and Public Works’ service, solid waste and sewerage disposal facilities, educational services, recreational facility impact and health services.
         3. Revenue factors including the following: project effect on property taxes, water and sewer fees, vehicular taxes, licenses and fees, and miscellaneous business taxes.
         4. The fiscal impact studies required herein shall be prepared using a methodology approved by the Planning Board during the pre-submission conference. All local factors shall be determined from past municipal budgets, tax assessors information, and other verifiable public records.

      3.15.7 Review Procedures

   2. Public Hearing. Within sixty five (65) days of the filing of a complete formal application for a special Permit for a development in the CI District, the Planning Board shall hold a public hearing on the proposal. Notice of such public hearing shall be given in accordance with Section 11 of Chapter 40A of the Massachusetts General Laws.
   3. Review Criteria. In making a decision on an application for a Special Permit in the CI District, the Planning Board shall consider the following:
      1. The purpose of the Commercial Interchange
      2. Health, safety and general welfare of the public
      3. Conservation and preservation of the natural environment
      4. Impacts on abutting properties and neighborhoods
      5. Proper drainage of the site
      6. Safe access to and from the development
      7. Capacity of the existing traffic network to accommodate projected increases
      8. Adequacy of proposed water, sewer, fire protection and public safety provisions.
      9. Impacts on water resources, including wetlands, streams, water bodies, groundwater and floodplains
      10. Visual and aesthetic quality
      11. Impacts on municipal services and fiscal capacity
   4. Decision on the Special Permit. The decision of the Planning Board shall be made within ninety (90) days of the date of the public hearing, unless the decision period is extended by written agreement between the applicant and the Planning Board.

B. ARTICLE - : To see if the Town will vote to revise the Town of Plainville Official Zoning Map, and thereby change the zoning classification, of the following described area from "CA-Commercial" to CI-Commercial Interchange District":

All lands currently zoned CA as shown on the most recent Official zoning Map that lie within the following boundaries: from the intersection of Route 1 and Interstate Route 495 (I-495), then southwesterly along Route 1 to its intersection with Taunton Street, then continuing southeasterly along Taunton Street (Route 152) to a point 700 feet east of Route 1, then northerly parallel to and 700 feet east of Route 1, then easterly along an irregular CA zoning district boundary line to the west shore of Lake Mirimichi, then northerly along an irregular CA zoning district line as depicted on the current Zoning Map to I-495, then westerly along I-495 to the point of origin.

C. ARTICLE -: To see if the Town will vote to amend the Town of Plainville Zoning By-Law (Chapter III of the Town of Plainville By-Laws), by making the following changes:

(1) Add the following to Section 2.1: "CI - Commercial Interchange District"

(2) Replace the existing Section 2.5.2 with the following: "2.5.2 Buildings, Pads and Premises - No building shall be erected or used or premises used, except in conformity with the Intensity of Use Schedule (Section 2.8) or Section 3.15 (Commercial Interchange District). No more than one building shall be erected or used on any one lot, except as part of an integrated development in the CI District."

(3) Replace the existing Section 2.5.3 with the following: "2.5.3 Yards and Open Space - No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part of a yard or other open space required for a building on another lot, except in the case of integrated developments in the CI District. Integrated developments in the CI District that are located on more than one lot shall be considered to be on one lot, and separate yards shall not be required for interior lot lines."

(4) Add the following definition to Section 4.1: "Integrated Development - A commercial development of one or more buildings that may be located on two or more contiguous lots, and is sited and designed as a unit."

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