Legal Notice
Maynard Planning Board
Maynard Town Hall
195 Main Street
Maynard, MA 01754
Hybrid Meeting
Public Hearing Date: Tuesday, April 23, 2024, 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 and amending the Town’s Zoning Map to the May 20, 2024 Spring Annual 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
At their meeting of March 23, 2024, the Planning Board approved the creation of Section 9.7 (the Powder Mill Overlay District) of the Zoning By-laws. The By-law is intended to place Maynard in compliance with MGL Chapter 40A Section 3A (MBTA Communities). The revised Section 9.7 below now includes the Board’s changes to the By-law text and an amendment of the Town’s Zoning Map depicting the proposed zoning district changes.
The Board will hold this hearing in order to determine their recommendation to the May 20, 2024 Spring Annual Town meeting on the proposed text and map amendment.
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 materials including an amendment to the Town Zoning Map are on file in the office of the Town Clerk Office. The proposed text changes are contained below:
To see if the Town will vote to amend the Maynard Protective Zoning Bylaw as follows:
- AMEND SECTION 9, SPECIAL DISTRICTS, BY CREATING SECTION 9.7, POWDER MILL OVERLAY DISTRICT, to read as follows:
9.7. 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 compliments 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.
- Applicability. The Powder Mill Overlay District (PMOD) is an overlay district superimposed on the included portions of the underlying zoning 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.
- Special Permit Granting Authority (SPGA). For the purposes of this Section, unless otherwise noted, the Planning Board shall be the Special Permit Granting Authority.
- Special Permit Criteria. The 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 to the Powder Mill Corridor 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.
- Site Plan Approval. Section 10.5 shall apply to uses, building and structures permitted by right or by Special Permit in the PMOD.
- 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 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.
- 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 | - 011.0-0000-0064.0
- 011.0-0000-0065.0
- 016.0-0000-0003.0
- 016.0-0000-0021.0
| (Reserved for future amendments) | (Reserved for future amendments) |
†Denotes MTBA “3A” compliant sub-district
- Dimensional Requirements.
Minimum Lot Requirements for Use |
| PMOD-A | PMOD-B | PMOD-C |
Area (square feet) | 1,500 s.f. per residential unit | * | * |
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) | * | * |
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 | * | * |
- 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.
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 A” ZONING DISTRICT TO THE PROPERTY LOCATED AT 111 POWDER MILL ROAD (ASSESSOR’S MAP 11, PARCELS 64, 65 AND MAP 16, PARCELS 3, 21).