HIGHWAY CORRIDOR OVERLAY DISTRICT

March 9, 2004

 

8501.   Purpose.        The purpose of the Highway Corridor Overlay Zone District (hereinafter referred to as the HCOZ District) is:

 

(a)               to allow a diversity of land uses in close proximity, within a limited area;

 

(b)               to establish a Regional Retail Shopping Center as a permitted use;

 

(c)               to promote a balance of land uses and to facilitate development proposals responsive to current and future market conditions;

 

(d)               to facilitate integrated physical design and to encourage interaction among activities located within the HCOD;

 

(e)               to establish controls which will facilitate development while protecting the public interest by setting regulations which limit the aggregate amount of development within the HCOD and set other district wide requirements while permitting flexible development scale and configuration on individual lots within the HCOD;

 

(f)                 to allow a broad set of land uses within the District; and

 

(g)               to encourage development of appropriate density for each class of land use.

 

8502.   Definitions.  The following definitions shall apply in the HCOD:

 

(a)               Accessory Uses and Structures: Uses and structures incidental and subordinate to the principal use of a Regional Retail Shopping Center, including the following:

 

i.                     Water tank to facilitate fire protection and domestic supply.

ii.                   Garage for automotive storage.

iii.                  Transformer station, substation, gas regulator station, or pumping station and related utility uses designed primarily to serve development within the District.

iv.                 Governmental offices and facilities, including post office, fire station and police station.

 

(b)               Buffer Zone: An area between two adjacent land uses or properties intended to separate and partially obstruct the view from one to the other as set forth in Section __, herein.

 

(c)               Floor Area Ratio (FAR):  Determined by dividing the gross floor area of the Regional Retail Shopping Center by the area of the HCOD.

 

(d)               Frontage: In the HCOD for the development of a Regional Retail Shopping Center, frontage shall be computed without regard to the individual lots that may be created and shall be computed as if all adjacent lots constitute a single parcel.  Such frontage shall be on (a) any internal site drive of any length which connects to a through way described herein; or (b) a public way which the Town Clerk certifies is maintained and used as a public way, or (c) a way shown on a plan heretofore approved and endorsed in accordance with the subdivision control law.  Frontage shall be measured in a single, continuous, uninterrupted line along a street or streets. Notwithstanding any contrary provision in this Bylaw, vehicular access to an individual lot on the combined development area of the Regional Retail Shopping Center need not be obtained exclusively through the legal frontage of the individual lot.

 

(e)               Gross Leasable Area (GLA):  Gross leasable area is the total floor area designed for tenant occupancy and exclusive use (including but not limited to basements, kitchens, restrooms, storage rooms, private corridors, stairways, areas devoted to kiosks or pushcarts, mezzanines and upper floors), expressed in square feet and measured from the centerline of interior walls or other interior tenant partitions and from outside wall faces.  GLA does not include public or common areas; i.e., public restrooms, corridors, stairwells, elevators, lobbies or mall areas, nor does it include mechanical rooms, equipment and/or machine rooms or mechanical chases.

 

(f)                 Library: A facility for the storage of books, films, manuscripts, videos, records and similar materials whose purpose is to allow free public use of said materials

 

(g)               Museum: A use which entails the display of educational, scientific, or historic and similar materials open to the public, and nonprofit in its operation.

 

(h)               Retail Store(s) And Service(s): Commercial enterprise that provides goods and/or services directly to the consumer where such goods and services are available for immediate purchase and immediate use on or removal from the premises by the purchaser. Such uses may include, but not be limited to, barber shops, beauty and hairdressing shops, drug stores, florist shops, food stores, furniture stores, home appliance stores for retail sales, Laundromats, copy centers, newsstands, photographic studios, shoe repair shops, tailor shops, upholstery shops, variety stores, clothing and apparel stores, gift shops and antique shops.

 

(i)                  Regional Retail Shopping Center:  A group of retail, service and/or consumer oriented establishments having at least 500,000 square feet but not more than 805,000 square feet  of gross leasable floor area, the site of which is under common management and is used for retail stores and sales, including mail order sales, and which may also include restaurants or food courts, business or professional offices, financial services, personal service facilities, parking lots, decks and garages, and other structures, uses and facilities now or hereafter contained in, or associated with, Regional Retail Shopping Centers, so-called. The Regional Retail Shopping Center shall be located in a single structure (excluding accessory parking structures and other accessory structures) and may be on single or multiple contiguous lots within the HCOD.

 

(j)                  Ring Road: A private or public way encircling the Regional Retail Shopping Center, with access ways connecting thereto.

 

8503.   Overlay District.  The HCOD is an overlay district superimposed on all underlying zoning districts. All uses permitted by right or by special permit in the pertinent underlying zoning district shall be similarly permitted in the HCOD subject to the provisions of this Section.  Where the HCOD authorizes uses not otherwise allowed in the underlying district, the provisions of the HCOD shall control.

 

8504.   Location.  The HCOD shall be defined as those portions of the Town of Tewksbury set forth in Exhibit ‘A”, attached hereto, and incorporated herein.

 

8505.   Concept Plan. Prior to the application for approval of any special permit for a Regional Retail Shopping Center, (hereinafter HC-SP), a Concept Plan shall be filed with the Planning Board for approval by a majority of the Planning Board.  The submitted Concept Plan shall be consistent with the provisions of this HCOD and shall constitute a master development plan for the HCOD.  The Concept Plan shall describe the physical characteristics of the Regional Retail Shopping Center, including, but not limited to, proposed buildings, utilities, access roads and Ring Road, environmental impacts, landscaping, lighting, and signage.   The Planning Board may conduct hearings on the Concept Plan to solicit public comment. If the Planning Board determines that the Concept Plan is not consistent with the provisions of this HCOD, the Planning Board shall advise the Applicant of such determination within forty-five (45) days of the submittal of the Concept Plan.  Such notice shall provide the reasons for the Planning Board’s determination.  An approved Concept Plan may be amended by the Planning Board consistent with these procedures. 

 

8506.   Time Limit.  Until such time as a building permit is issued for a Regional Retail Shopping Center, the underlying zoning shall solely govern the use and development of the property comprising the HCOD. If no such building permit is issued within eight (8) years after the date of enactment of this by-law by Town Meeting, the provisions of this HCOD by-law shall expire. At the time of the issuance of a certificate of use and occupancy for the Regional Retail Shopping Center, the underlying zoning shall no longer be applicable in the HCOD.

 

8507.   Special Permit Required.  The development of a Regional Retail Shopping Mall within the HCOD shall require the issuance of a Site Plan Special Permit and a Use Special Permit by the Planning Board in accordance with the provisions of Section 9300, Section 9400 and Section 9500.  Such use special permit shall be called a Highway Corridor Special Permit (HC-SP).  A HC-SP for development within the HCOD shall be in substantial conformance with the Concept Plan, as said Plan may be amended from time to time.  An application for a HC-SP shall contain the following required plans and information:

 

(a)         A preliminary site construction plan showing in a general manner:

 

i.             The location of buildings; number of stories, approximate floor area and maximum height of each building; the distance in feet between buildings.

ii.            Existing and proposed contours.

iii.           Proposed lot lines.

iv.           Grading and landscaping.

v.                   The location and dimensions of drives and parking areas.

vi.                 The location and characteristics of any common open space or usable open space.

vii.         The proposed drainage system.

viii.        Proposed landscaping.

ix.           Building elevations.

 

 

(b)         Uses to be permitted or allowed by right or by special permit in the buildings, which may be a narrative describing the type and character of uses and/or a listing, by cross reference, of uses to be permitted as they appear in Appendix A, “Table of Use Regulations Schedules."

 

(c)         Other zoning provisions; this may be a narrative describing special regulations unique to the development and/or a cross reference to provisions of this Bylaw that will apply to the HCOD District.

 

(d)         Special conditions, if any, applicable to the proposed development which may include grants or benefits to the Town such as land for public purposes, construction of improvements (or financial contributions therefore) in behalf of the Town, or other development limitations such as aesthetic features.

 

(e)         A table showing:

 

i.                     Developable site area.

ii.                   Common or usable open space, if any.

iii.                  Site coverage of buildings.

iv.                 Area covered with impervious surface.

v.                   Impervious surface ratio.

vi.                 Gross floor area of all nonresidential buildings.

vii.                Floor area rational if applicable.

viii.              Number of off-street parking spaces and, if applicable, loading hays.

 

(f)                 A locus-context map of all land within 500 feet of any part of the tract and showing:

 

i.                     All dwellings and principal buildings.

ii.                   The land use of each lot.

iii.                  Lot and right-of-way lines.

iv.                 Existing contours at two-foot intervals.

v.                   Principal natural features in general such as:

 

a.                  Significant rock outcroppings;

b.                  Water systems (including standing surface water, brooks or streams, the direction of drainage, wetlands, and the I00-year flood elevation.);

c.                  Significant vegetation (including mature trees, unique specimens of vegetation, and vegetation that indicates wetness.);

 

vi.                 Zoning district boundaries;

vii.                Recorded easements on the site locus.

 

(g)         Public facilities, such as conservation or recreation land, footpaths, bicycle paths, or streets.

 

(h)         Significant noise/visual impact (including views from the site and sources of noise affecting the site.)

 

(i)           Historically or architecturally significant structures and sites on or adjacent to the site.

 

(j)           A property rights and dimensional standards plan showing location of existing casements or other property rights affecting the development.

 

(k)          The approximate locations of any sections of the land to which the Town would be granted property rights, either easements or transfer of ownership for street, utility, conservation or other purposes.

 

(l)           The anticipated division of the property into parcels in private ownership, if any, if it affects zoning provisions.

 

(m)        The yard setback in feet for buildings and parking lots from lot lines and where applicable, a Zoning district boundary, a brook or a pond.

 

(n)         The boundaries of any common open space or usable open space.

 

(o)         A utilities analysis showing:

 

i.             The location and size of the Town's existing water mains, fire hydrants, sanitary sewers, and storm drains.

ii.            The proposed locations and the approximate size of utilities to be constructed on the site and their proposed connections to the Town's utilities, and any special features, such as culverts or pumping stations, that might affect the ability of the Town to service the development.

 

(p)         A traffic analysis to be conducted by a traffic engineer who will certify that he/she qualities for the position of member of the Institute of Transportation Engineers (ITE). The analysis shall include:

 

i.                     Traffic counts on arterial streets that provide access to the development site showing data on Average Daily Traffic (ADT) and a.m. and p.m. peak periods (conducted for two hours divided into fifteen-minute segments);

ii.                   Intersection turning movement counts at intersections likely to be affected by the proposed development (conducted for two hours divided into fifteen-minute segments);

iii.           An inventory of roadway characteristics showing the width of the principal approach streets and the presence or absence of sidewalks and their conditions;

iv.           Estimated trip generation showing the projected inbound and outbound vehicular trips for the a.m. and p.m. peak periods and a typical one hour off-peak trip generation;

v.            The estimated distribution of new trips by approach streets;

vi.           The effect of additional traffic generated by the development on traffic "levels of service" on each approach street;

vii.         Estimated off-street parking and loading requirements and time of peak accumulation.

 

(q)               Parking Plan showing the proposed layout and areas to provide the required parking spaces, including required handicapped spaces, and areas set aside for snow storage.

 

(r)                 Loading Plan showing required loading areas with proposed access.

 

(s)               Landscaping Plan showing all proposed landscaping of parking and loading areas, required buffer areas, refuse disposal storage areas, HVAC equipment, and other features of the Regional Retail Shopping Center.

 

(t)                 Lighting Plan showing typical fixture details, proposed locations of freestanding light fixtures and wall-mounted lights, with proposed intensity.

 

(u)               Signage Plan showing the location, type, and size of all proposed signs in the HCOD.

 

(v)                Utilities Plan showing all proposed utility connections, including water, sewer, gas, electric, and cable.

 

(w)              Stormwater Management Plan showing stormwater management facilities in compliance with all local requirements and the DEP’s Stormwater Management Policy.

 

(x)                Subdivision Plan.  If applicable.

 

(y)                Statement of Proposed Hours of Operation.  Indicate typical hours of operation, delivery times, and special circumstances likely to occur seasonally.  

 

8508.   Dimensional Requirements.  For a Regional Retail Shopping Center to be eligible to apply for a HC-SP, the following requirements shall apply:          

 

(a)               Minimum Area.  The parcel or set of contiguous parcels in common ownership or control containing the Regional Retail Shopping Center shall not be less than eighty (80) acres, all located exclusively in the Town of Tewksbury.

 

(b)               Maximum Lot Coverage.  The total lot coverage by structures and impervious surfaces shall not exceed fifty-five (55%) percent of the total gross land area of the HCOD.

 

(c)               Minimum Frontage.  The minimum frontage shall be 150 feet for the contiguous combined area of the Regional Retail Shopping Center. 

 

(d)               Building and Parking Setbacks.  The principal structure containing the Regional Retail Shopping Center and all associated parking shall be placed within the Ring Road.  No accessory use or structure shall be located within 50 feet of any boundary of the HCOD.

 

(e)               Maximum Building Height.  No building shall exceed more than three (3) stories and eighty (80’) feet in height above the average finished grade around the structure.  Fill shall be limited in depth to the minimum amount required to comply with the Stormwater Management Policy of the Commonwealth’s Department of Environmental Protection (DEP). This definition excludes penthouses, bulkheads and other allowable super-str