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Science & Technology Overlay District. Proposed 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

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science technology overlay district

Science & TechnologyOverlay District

Proposed Zoning Bylaw Amendment

Public Hearing #4 / January 11, 2012

past planning efforts
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
why is this being proposed now
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
land use taxes
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 commercialtaxes, $.40 is spent in community services
22 1 applicability
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
22 2 administration
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
22 3 procedures
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
22 3 procedures1
22.3 Procedures
  • 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
    • 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
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
permitted uses
Permitted Uses
  • “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.”
  • 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
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.
22 7 performance standards1
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
22 7 performance standards2
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
22 7 performance standards3
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)
22 8 architectural standards
22.8 Architectural Standards
  • Standards exist in Site Plan Approval Rules & Regulations
  • Borrowed from Dartmouth
22 9traffic study
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
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.
22 10 consultant review
22.10 Consultant Review
  • Standard to require consultant engineering services for permitting and construction phases.
    • Paid for by the applicant
review criteria
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.
ancillary amendments
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
ancillary amendments1
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
ancillary amendments2
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
  • District Size ~ 375 acres
  • Number of Parcels – 39
  • Number of Owners – 29
  • Zoning
    • Res/Ag ~ 325 acres
    • Business ~ 50 acres
  • Topography
estimated constraints
Estimated Constraints

Wetlands ~ 100 acres


Estimated Habitats of Rare Wildlife

Priority Habitats of Rare Species

~166 acres

  • 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
  • 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
  • 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.
  • 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.

decibel scale
Decibel Scale
  • 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 steps
Next Steps
  • Planning Board deliberations
  • Continue public hearing

Questions or comments:

Sarah Raposa, Town Planner

(508) 636-1037

additional links
Additional Links:
  • 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)