Legal Notice
Maynard Planning Board
Maynard Town Hall
195 Main Street
Maynard, MA 01754
Hybrid Meeting
Public Hearing Date: Tuesday, June 24, 2025, 7:00 PM
Pursuant to Massachusetts General Laws, Chapter 40A s.5, the Maynard Planning Board will hold a hybrid public hearing at Town Hall, 195 Main Street, Maynard MA. 01754 and on ZOOM video, to consider recommending approval of amendments to the Maynard Protective Zoning By-laws to the 2025 Fall Town Meeting, or to the next subsequent Town Meeting.
To access and participate in the meeting remotely:
Option 1 (Zoom Video): Participate using a computer, click or go to this link:
https://us02web.zoom.us/j/87931522781?pwd=YkwvWFp2M21vUWcrTnA4WUUxeFZ5UT09
Meeting ID: 879 3152 2781
Password: 664803
Option 2 (Audio only): Participate by telephone:
(646) 558-8656 or
(312) 626-6799
Meeting ID: 879 3152 2781
Password: 664803
A copy of the application and associated materials may be requested from the Office of Municipal Services Office at (978) 897-1302 or oms@townofmaynard.net.
The proposed amendments are as follows:
- AMEND SECTION 9.7 “POWDER MILL OVERLAY DISTRICT” AS FOLLOWS (deleted text is
stricken, inserted text is underlined):
- POWDER MILL OVERLAY DISTRICT
- Purpose. The purpose of the Powder Mill Overlay District (PMOD) is to foster a development environment that will improve the Powder Mill Corridor and better serve its constituencies. The PMOD is intended to further the goals of the Maynard Master Plan and meet state requirements for MBTA-adjacent communities (MGL c.40A sec.3A). The PMOD should:
- Foster cohesive vibrant, attractive, and sustainable development along the Powder Mill Road Corridor that benefits and complements existing communities while creating new economic opportunities for Maynard.
- Encourage quality site and architectural standards.
- Promote a range of housing choices.
- Enable mixed retail, commercial, residential uses.
- Increase opportunities for infrastructure improvements that would promote increased pedestrian access, mobility, and stormwater improvements.
- Increase views, access, and connections to the Assabet River.
- Require that new development proactively protects the River from storm water and the contaminants contained within.
- Maintain and encourage appropriate massing and height of buildings that blend in and enhance the building elevations already in existence.
- Foster new development that protects and restores the riverbank.
9.7.2 Applicability. The Powder Mill Overlay District (PMOD) is an overlay district superimposed on the included portions of the underlying zoning districts. The PMOD is to be divided into location-specific sub-districts indicated by letters (A, B, C …), with individual regulatory frameworks designed to retain the beneficial characteristics of the existing community and commercial development. Future development along the Powder Mill Corridor may result in the expansion of the PMOD or creation of new PMOD sub-districts.
All use allowances, definitions, regulations and standards of the underlying zoning district shall apply within the PMOD except where specifically modified or supplemented by this section. Where the PMOD varies dimensional or other requirements otherwise set forth in this Zoning By-Law, the terms, and conditions of the PMOD shall control. Future development along the Powder Mill Corridor may result in the expansion of the PMOD or creation of new PMOD sub-districts. PMOD sub-districts and individual requirements are contained in Section 9.7.7.
A parcel may utilize either the PMOD or the underlying district. A single parcel may only use either the PMOD or the underlying district.
9.7.3 Special Permit Granting Authority (SPGA). For the purposes of this Section, unless otherwise noted, the Planning Board shall be the Special Permit Granting Authority.
9.7.4 Special Permit Criteria. For all projects requiring a Special Permit, tThe SPGA shall apply the following review criteria in addition to the criteria identified in Section 10.4 of this By-law:
- The proposal constitutes a high quality development with regards to construction materials, architectural design, and site design, which will enhance the Corridor and the immediate neighborhood and provide significant benefit to the residents of the Town of Maynard as provided;
- When applicable, the proposed development will provide effective protection of the Assabet River from stormwater runoff from new impervious surfaces being proposed.
- The proposed development will improve the functioning of the Powder Mill Corridor by at least one of the following means:
- Provide a significant improvement to pedestrian/cyclist accessibility on the Powder Mill Corridor;
- Increase views and access to the Assabet River for the general public;
- Other targeted improvements within the Powder Mill Corridor public right-of-way as opportunities arise with new development deemed by the Planning Board to provide a substantial benefit to the corridor.
- The proposed development is designed in a manner that is compatible with the existing natural features of the site and is compatible with the characteristics of the surrounding area.
9.7.5 Site Plan Approval. Section 10.5 shall apply to uses, building and structures permitted by right or by Special Permit in the PMOD.
9.7.6 Affordable Housing Requirements. Unless otherwise specified in this Section, the Town’s Inclusionary Zoning by-law (See Section 7.10) shall apply to the PMOD. In Applicable Projects, twenty percent (20%) of housing units constructed shall be deed- restricted Affordable Housing Units, provided the Town receives approval from the Executive Office of Housing and Livable Communities (EOHLC) for the 20% requirement. If the Town does not receive said approval, the requirement shall be the highest amount allowable by EOHLC. For purposes of calculating the number of units of Affordable Housing required within a development project, any fractional unit shall be rounded down to the next whole number. The Affordable Units shall be available to households earning income up to eighty percent (80%) of the Area Median Income. All affordable units shall be developed on-site.
9.7.6.1 In PMOD-A, the following exceptions to Section 7.10 shall apply: The required percentage of affordable units shall be as listed below. For purposes of calculating the number of units of Affordable Housing required within a development project, any fractional unit shall be rounded down to the next whole number. The Affordable Units shall be available to households earning income up to eighty percent (80%) of the Area Median Income. All affordable units shall be developed on-site.
PMOD-A Affordable Housing Requirements
| Project Size (Units) | Percent Affordable Units |
| 6 – 12 dwelling units | 10% |
| 13 – 17 dwelling units | 12% |
| 18 – 20 dwelling units | 15% |
| 21 or more dwelling units | 18% |
9.7.6.2 In PMOD-D, PMOD-E, and PMOD-F the following exceptions to Section 7.10 shall apply: The required percentage of affordable units shall be as listed below. For purposes of calculating the number of units of Affordable Housing required within a development project, any fractional unit shall be rounded down to the next whole number. All affordable units shall be developed on-site.
PMOD-D, E & F Affordable Housing Requirements
| Project Size | Required Affordable Units |
| 6 – 19 dwelling units | 10% |
| 20 or more dwelling units | 20% |
| 40 or more dwelling units | 25% |
9.7.7 Sub-Districts. The PMOD is to be divided into location-specific sub-districts indicated by letters (A, B, C …), with individual regulatory frameworks designed to retain the existing beneficial characteristics of existing community and commercial development.
| PMOD-A†
| PMOD-B
| PMOD-C
|
Parcel Numbers
| x 011.0-0000-0064.0
x 011.0-0000-0065.0
x 016.0-0000-0003.0
x 016.0-0000-0021.0
| (Reserved for future amendments)
| (Reserved for future amendments)
|
†Denotes MTBA “3A” compliant sub-district
9.7.8 Dimensional Requirements.
| Minimum Lot Requirements for Use
|
|
| PMOD-A
| PMOD-B
| PMOD-C
|
|
| Area (square feet)
| 1,500 s.f. per residential unit
|
|
|
|
| Area (square feet)
|
|
|
|
|
| Frontage (feet)
| 50
|
|
|
|
| Width (feet)
| 50
|
|
|
|
| Maximum / Minimum Yard Requirements
|
|
| Front (feet)
| 25
|
|
|
|
| Side (feet)
| 30
|
|
|
|
| Rear (feet)
| 30
|
|
|
|
| Building Height for All Uses
|
|
| Maximum Height (feet)
| 45 feet
|
|
|
|
| Open Space Requirements (Per Section 11)
|
|
|
| 25% of parcel (includes pedestrian infrastructure)
|
|
|
|
9.7.7 Dimensional Requirements.
PMOD Dimensional Requirements
| Minimum Lot Requirements for Use |
| | PMOD-A | PMOD-D | PMOD-E | PMOD-F |
| Area (square feet) – Multifamily and Mixed Use | 1,000 s.f. per residential unit | 1,000 s.f. per residential unit | 1,000 s.f. per residential unit | 1,000 s.f. per residential unit |
| Area (square feet) – Other Uses | 7,000 | 7,000 | 7,000 | 7,000 |
| Frontage (feet) | 50 | 50 | 50 | 50 |
| Width (feet) | 50 | 50 | 50 | 50 |
| Minimum Yard Requirements | |
| Front (feet) † | 25 | 25 | 25 | 25 |
| Side (feet) | 30 | 15 | 15 | 15 |
| Rear (feet) | 30 | 15 | 15 | 15 |
| Building Height for All Uses | |
| Maximum Height (feet) | 45 feet | 45 | 35 | 45 |
| Open Space Requirements (Per Section 11) | |
| | 25% of parcel * | 10% of parcel * 100% beyond 150’ of frontage ** | 10% of parcel * 100% beyond 150’ of frontage ** | 25% of parcel * |
* Includes pedestrian infrastructure
** Except amenities and structures provided for public river access
† The minimum front yard requirement may be reduced to the average of the setbacks of the primary buildings on the lots adjacent thereto on either side.
9.7.9 Parking.
Use
| Parking Requirement
|
Subdistrict
| PMOD-A
| PMOD-B
| PMOD-C
|
Dwelling Unit
| One space per unit
| *
| *
|
Medical Office
| One space per 400 sq. ft. of gross floor area (g.f.a.)
| *
| *
|
Office
| One space per 500 sq. ft. of g.f.a.
| *
| *
|
Restaurant
| One space per 60 sq. ft. of g.f.a.
| *
| *
|
Retail
| One space per 500 sq. ft. of g.f.a.
| *
| *
|
Other uses not noted here
| See Section 6.1 for parking requirements
| *
| *
|
9.7.8 Parking. The following Table shall supersede the schedule identified in Section 6.1:
PMOD Parking Space Requirements
| Type of Use | Minimum number of parking spaces to be provided | Maximum number of parking spaces to be provided |
| Multi-family Housing | 1 per dwelling unit | 2 per dwelling unit |
| Medical Office | 2 per 1,000 sf of gfa | 5 per 1,000 sf of gfa |
| Office | 2 per 1,000 sf of gfa | 3 per 1,000 sf of gfa |
| Restaurant | 2 per 1,000 sf of gfa | 10 per 1,000 sf of gfa |
| Retail | 2 per 1,000 sf of gfa | 4 per 1,000 sf of gfa |
| Research and Development | 2 per 1,000 sf of gfa | 3 per 1,000 sf of gfa |
| Hotel, Inn or Motel Space | 1 per guest room | 1 per guest room plus 1 per each employee on largest shift. |
| Function rooms and places of Assembly,
totaling less than 1,000 square feet | None | 20 per 1,000 sf of assembly area. |
| Function rooms and places of Assembly,
totaling 1,000 square feet or more | 10 per 1,000 sf. of assembly area in excess of 1,000 SF. | 20 per 1,000 sf of assembly area in excess of 1,000 SF. |
| Other uses not noted here | See Section 6.1 | 50% more than the Section 6.1 minimum requirements |
NOTES: sf of gfa = Square Feet of Gross Floor Area
For any fractional parking spaces, round the number of spaces up to the next whole number.
9.7.10 Permitted and Prohibited Uses. In addition to the uses permitted in the underlying district (per Section 3.1.2) the following uses are allowed by right:
Use - By-Right (Y) or Special Permit (SP)
| PMOD-A
| PMOD-B
| PMOD-C
|
Adult day care
| SP
| *
| *
|
Body Art Establishment
| Y
| *
| *
|
Brewery with ancillary food service
| Y
| *
| *
|
Cocktail lounge
| SP
| *
| *
|
Farmer brewery
| SP
| *
| *
|
Garden apartment
| Y
| *
| *
|
Garden center
| SP
| *
| *
|
General or personal service establishment
| Y
| *
| *
|
Healthcare Facility
| SP
| *
| *
|
Healthcare/elderly housing, Assisted living residence
| SP
| *
| *
|
Hotels, motels, extended stay facility
| Y
| *
| *
|
Live/work dwelling unit
| Y
| *
| *
|
Marijuana retailer
| SP
| *
| *
|
Medical office
| Y
| *
| *
|
Microdistillery/Microwinery
| SP
| *
| *
|
Multifamily dwelling over 17 units/acre‡
| SP
| *
| *
|
Multifamily dwelling, 17 units/acre maximum‡
| Y
| *
| *
|
Nursing and convalescent home
| Y
| *
| *
|
Printing shops
| Y
| *
| *
|
Private club
| Y
| *
| *
|
Professional or Business Office
| Y
| *
| *
|
Public Market
| Y
| *
| *
|
Restaurant Fast Food
| SP
| *
| *
|
Restaurants or other food service uses not including fast food restaurants
| Y
| *
| *
|
Retail business
| Y
| *
| *
|
Wholesale business
| Y
| *
| *
|
‡ May not be subject to age restrictions.
* Reserved for future amendments.
9.7.9 Permitted and Prohibited Uses The permitted and prohibited uses of the underlying district (per Section 3.1.2) shall apply except as noted in the following Table.
PMOD Permitted and Prohibited Uses
| 1. Residential Uses | PMOD A | PMOD D | PMOD E | PMOD F |
| Garden apartment | Y | | | |
| Healthcare/elderly housing, Assisted living residence | SP | | | |
| Live/work dwelling unit | Y | | | Y |
| Mixed Use (PMOD), maximum 12 units * | | Y | Y | Y |
| Mixed Use (PMOD), more than 12 units * | | SP | SP | SP |
| Multifamily dwelling | | N | N | SP |
| Multifamily dwelling over 17 units/acre‡ | SP | | | |
| Multifamily dwelling, 17 units/acre maximum‡ | Y | | | |
| Nursing and convalescent home | Y | N | N | SP |
| 2. Government, Institution and Public Services Uses | PMOD A | PMOD D | PMOD E | PMOD F |
| Public Market | Y | SP | SP | SP |
| 3. Agricultural and Outdoor Uses | PMOD A | PMOD D | PMOD E | PMOD F |
| Farm stand, nonexempt | | | | SP |
| Garden center | SP | N | N | SP |
| 4. Business Uses | PMOD A | PMOD D | PMOD E | PMOD F |
| Body art establishment | Y | | | Y |
| Brewery with ancillary food service | Y | Y | SP | Y |
| Business or professional office | Y | | | |
| Clinic and healthcare facility, with ancillary uses | SP | | | |
| Cocktail lounge | SP | | | SP |
| Farmer brewery | SP | | | SP |
| General or personal service establishment | Y | | | Y |
| Hotels, motels, extended stay facility | Y | N | N | Y |
| Kennel, commercial | | N | N | N |
| Marijuana retailer | SP | | | SP |
| Marijuana courier facility | | N | N | SP |
| Medical office | Y | | | Y |
| Microdistillery/Microwinery | SP | | | SP |
| Printing shops | Y | | | Y |
| Private club | Y | Y | Y | Y |
| Restaurants or other food service uses not including fast food restaurants | Y | | | Y |
| Restaurant, fast food | SP | | | SP |
| Retail business | Y | | | Y |
| Theater, halls, clubs, or other places of entertainment | | | | Y |
| Veterinarian office or animal hospital | | | | Y |
| 5. Industrial Uses | PMOD A | PMOD D | PMOD E | PMOD F |
| Mini or self-storage facility | | N | N | |
| Wholesale business | Y | N | N | SP |
| 6. Accessory and Other Uses | PMOD A | PMOD D | PMOD E | PMOD F |
| Accessory Dwelling Unit | | N | N | |
| Adult day care | SP | Y | Y | Y |
| Drive-in or drive-through facility | | N | N | |
| Kennel, private | | N | N | |
| Overnight outdoor parking of one or more commercial vehicles in excess of 25,000 gvw | | N | N | SP |
‡ May not be subject to age restrictions
* For these mixed-use projects, retail, restaurant, office and/or medical office uses shall be located on the ground floor, unless other non-residential uses are authorized by the Planning Board. Nonresidential space, excluding parking areas, on the ground floor, must be equal to at least 15% of the total occupied space in the building, and consist of a minimum of 2,000 square feet.
9.7.10 Site and Building Design Standards – General
The following standards shall apply to new development on all lots utilizing the Powder Mill Overlay District. Multifamily dwellings allowed as of right in subdistrict PMOD-A are exempt from this requirement, as are single-family and duplex dwelling units.
1. Where possible, building siting should create or enhance the view of the riverfront area from public rights-of-way.
2. The design for the primary elevation of multi-story buildings shall create a visual distinction between the ground and upper stories, such as a stepback, architectural banding, or other visual break.
3. Walkways and Pedestrian Connections. A protected pathway shall be provided to connect pedestrians and cyclists from the nearest public sidewalk to the main entrance of the building.
4. Sidewalks. A sidewalk shall be maintained or created along the street frontage, with minimal interruption by driveways. If the existing sidewalk does not meet ADA standards, it shall be reconstructed or repaired to those standards. Sidewalks are required whether located wholly or partially within the street layout, regardless of property boundaries. New sidewalks shall be constructed to meet the Planning Board’s Rules and Regulations’ requirements for dimensions and materials, unless otherwise directed by the Department of Public Works (DPW) or otherwise authorized by the Planning Board.
a) Along Powder Mill Road, street frontage, within the required 20-foot landscape setback from the front lot line, a 15-foot easement shall be provided to allow for a future expansion of the public walkway/sidewalk by the town.
5. Location of Driveways and Parking Lots. Driveways and parking lots shall be designed in such a way that allows the safe passage of pedestrians from their parked vehicles to the primary building. Driveways should be located to minimize the number and width of curb cuts to allow the safe passage of pedestrians on sidewalks.
a) All lots that abut the Assabet River shall prioritize parking lots and driveways being placed aside the primary building, under the primary building, or in a way that maintains dual-sided facade of those buildings.
6. Street Trees. A minimum of one street tree for every 25 feet of lot frontage shall be provided within the front yard setback. Street trees shall be placed at regular intervals to maximize continuous shade for pedestrians. Street trees included in the required front yard setback shall consist of a mix of non-invasive tree species that have a minimum caliper size of two (2) inches when planted.
7. Vista Pruning. For lots that abut the Assabet River, vista pruning is encouraged to create visual access to the Assabet River. Vista pruning means the selective thinning of tree branches or understory shrubs to establish a specific "window" to improve visibility. Vista pruning does not include the cutting of trees which would reduce the leaf canopy to less than 90% of the existing crown cover and does not include the mowing or removal of understory brush. Consultation with the Town’s Conservation Agent prior to vista pruning is recommended.
9.7.11 Site and Building Design Standards – Large Projects
The following standards shall apply to new development on all lots utilizing the Powder Mill Overlay District that have more than 50,000 square feet of land area, or new development that creates more than 10,000 gross square feet of building. Multifamily dwellings allowed as of right in subdistrict PMOD-A are exempt from this requirement, as are single-family and duplex dwelling units.
1. Flat-roofed buildings that have a height greater than 36’ shall provide more significant architectural elements to break up the vertical expanse of the building into a tripartite structure (base, middle, top). This shall include more than one element such as stepbacks, trim/details projecting from the facade, horizontal or vertical articulation( at the top, base, in between stories, or corners of the facade), window or door surrounds, porches, projecting or recessed sections, bay windows, arcades, or similar. These items will promote visual interest and allow variation of the building façade.
a) Large Projects in PMOD-D and PMOD-E shall treat the facade of the building facing the river as a second primary facade, including architectural elements as listed above, and storage sheds, trash storage, and other detached outdoor structures shall not be located between the facade and the river.
2. Pedestrian Amenities and Pocket Parks. Projects shall have one or more pedestrian amenities or pocket parks accessible to the public every day from dawn to dusk.
- The combined area of the plaza or park shall measure at least five percent of the gross floor area on the lot, but not more than 3,000 square feet shall be required. The plaza or park shall be considered part of the minimum required open space and can extend into the front yard. Any sidewalk along the frontage shall not be included in the calculated size of the plaza or park.
- Within the walkway or park, at least one seating area shall be included.
- Public art, educational signage, benches, tables, fountains, playgrounds, monuments, historic markers, flower beds, community gardens, basketball courts, and play structures are encouraged where appropriate.
- The plaza or park shall be visible to either Powder Mill Road or the Assabet River.
- Shade trees, ornamental trees, and other landscaping shall be included to provide shelter from the sun, to reduce noise, to clean the air, or to otherwise beautify or enhance the appearance of the corridor. All landscaping shall use species that are non-invasive and tolerant to the climatic conditions in Maynard and shall be designed to facilitate ongoing maintenance.
- For parcels abutting the Assabet River, a permanent easement for public access along the river may be provided to the Town in lieu of physical infrastructure.
- Ongoing maintenance of improvements, easements or other amenities required as compliance within section 9.7.12 shall remain the responsibility of the property owner.
- Improvements or other amenities provided in compliance with this section may be provided within required setbacks, subject to site specific review by the Planning Board.
2. AMEND THE “ZONING MAP OF MAYNARD” REFERRED TO UNDER SECTION 2.3 OF THE PROTECTIVE ZONING BY-LAW, BY APPLYING THE OVERLAY ZONING DESIGNATION OF “POWDER MILL OVERLAY DISTRICT D” ZONING DISTRICT, “POWDER MILL OVERLAY DISTRICT E” ZONING DISTRICT, AND “POWDER MILL OVERLAY DISTRICT F” ZONING DISTRICT TO THE FOLLOWING PROPERTIES.
| POWDER MILL OVERLAY DISTRICT D | POWDER MILL OVERLAY DISTRICT E | POWDER MILL OVERLAY DISTRICT F |
Parcel Numbers | 010.0-0000-0095.0 010.0-0000-0096.0 010.0-0000-0097.0 010.0-0000-0098.0 010.0-0000-0099.0 010.0-0000-0100.0 010.0-0000-0101.0 010.0-0000-0102.0 010.0-0000-0103.0 010.0-0000-0104.0 010.0-0000-0105.0 | 015.0-0000-0099.0 015.0-0000-0382.0 015.0-0000-0098.0 015.0-0000-0097.0 015.0-0000-0096.0 015.0-0000-0095.0 | 011.0-0000-0017.0 011.0-0000-0016.0 |