May 3, 2010 Special Town Meeting

Town Meeting Votes

ARTICLE 1 - Board of Selectmen - Bills of Prior Years 

To see if the Town will vote to transfer a sum or sums of money from available funds to pay unpaid bills from prior fiscal years, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer the sum of $205.70 from Line 194 Employee/Retiree Benefits of the FY 2010 Operating Budget as adopted under Article 4 of the May 4, 2009 Annual Town Meeting to pay for unpaid bills from previous fiscal years, as listed below:

Finance Committee and Board of Selectmen support Article 1.

Declared passed by a unanimous vote (9/10th required). So voted.

ARTICLE 2 - Board of Selectmen - FY 2010 Line Item Transfers

To see if the Town will vote to amend the FY 2010 Operating Budget, as adopted under Article 4 of the May 4, 2009 Annual Town Meeting, by adjusting budget line items, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend the FY 2010 Operating Budget, as adopted under Article 4 of the May 4, 2009 Annual Town Meeting, by adjusting budget line items as follows:

Finance Committee and Board of Selectmen support Article 2.

Declared passed by a majority vote. So voted.

ARTICLE 3 - Board of Selectmen/Community Preservation Committee - Acquisition of Cobb Conservation Properties

To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain for open space purposes under the Community Preservation Program, the fee interest in certain parcels of real estate on Crory Lane owned by the Emily B. Cobb Trust, containing 16.39 acres, more or less, shown as Assessors Map R3, Parcels 21, 22, and 23, comprising 9.99 acres abutting the Yapp Conservation Land; and Assessors Map R01, Parcel 15-9 comprised of 6.4 acres abutting Cobb’s Pond (PDF), a copy of which maps are on file in the Office of the Town Clerk, together with and subject to all rights, restrictions and easements of record, on such terms and conditions as the Selectmen may determine; and to see what sum or sums the Town will vote to appropriate, borrow, or transfer from available funds for such acquisition and for the payment of all expenses incidental and related thereto; and to authorize the Town Treasurer, with the approval of the Selectmen, to borrow said amount under and pursuant to Chapter 44B and Chapter 44, Section 7(3) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor; provided, however, that, although any bonds or notes issued pursuant to this vote shall constitute a pledge of the full faith and credit of the Town, it is the intention of the Town that the debt service on $150,000 of the amount authorized to be borrowed by this vote shall be paid from Community Preservation Fund revenues, and that the debt service on the remainder of said amount shall be paid from general fund revenues including cell tower revenues; and provided further that said land is to be conveyed to the Town of Littleton under the provisions of Chapter 40, Section 8C of the General Laws, as it may be hereafter amended, and other Massachusetts statutes relating to conservation and passive recreation, to be managed and controlled by the Littleton Conservation Commission; and, to the extent that any federal, state or other funds are or become available for the purposes outlined in this Article, to authorize the Board of Selectmen or other applicable boards or commissions to apply for and accept such funds; and to authorize the Board of Selectmen and the Conservation Commission to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of Littleton to effect said acquisition or purchase or grants; and to authorize the Board of Selectmen and the Conservation Commission to convey to the Littleton Conservation Trust, for no consideration, a perpetual conservation restriction on said land as authorized by Chapter 184, Sections 31 through 33 inclusive of the General Laws, allowing conservation and passive recreation uses described in Chapter 40, Section 8C of the General Laws; or take any other action in relation thereto.

No affirmative action taken on Article 3.

ARTICLE 4 - Planning Board/Board of Selectmen - Zoning Amendment: Littleton Village Common District (Area A)

To see if the Town will vote to amend the Zoning Map and Zoning By-Law of the Town of Littleton as follows: 

1. Amend the Zoning Map by establishing the Village Common District to include all parcels currently zoned Business (B) along Great Road and King Street, as shown on the map entitled “Village Common District Map,” dated March 19, 2010 (PDF) and prepared by the Metropolitan Area Planning Council,” on file with the Town Clerk. 
2. Amend §173-2 by inserting, in alphabetical order, a definition for MIXED USE, as follows: MIXED USE: A combination of residential and commercial uses, arranged vertically (in multiple stories of buildings), or horizontally (adjacent to one another in one or more buildings within a lot).
3. Amend §173-22.A by deleting subsection (1) therefrom in its entirety and inserting in its place the following: For the purpose of this chapter, the Town of Littleton is hereby divided into the following types of zoning districts:
   • Residence District R
   • Business Districts
     • Village Common VC
     • Business B
   • Industrial Districts
     • Industrial A I-A
     • Industrial B I-B 
4. Amend the Use Regulations Schedules set forth in §173-26 by adding, between the columns for the R and B Districts, a new column for the Village Common District, to be labeled VC, and, except as otherwise provided pursuant to this Article, containing the same entry as appears in the B District column.
5. Further amend the Use Regulations Schedules set forth in §173-26 by inserting, immediately below the row labeled “Multifamily dwelling,” a new row as follows:
   R VC B IA IB
   Mixed Use N P N N N
6. Insert a new §173-20, as follows:
   
   §173-20. Special Design Provisions for the Village Common District.
   The Planning Board shall consider the following additional design criteria in conducting Site Plan Review for projects in the Village Common zoning district. The Planning Board may adopt additional Design Guidelines to advance the goals of the Village Common.
   • Design Goals - Buildings and renovations shall be of a design similar to or compatible with traditional architecture in the Town of Littleton in terms of scale, massing, roof shape, spacing and exterior materials. The design standards are intended to promote quality development consistent with the Town’s sense of history, human scale and pedestrian-oriented village character.
   • Building Scale - The size and detailing of buildings shall reflect the community preference for moderate-scale structures that resemble houses or barns, and do not resemble “big box shopping centers”. New buildings and/or substantial alterations shall incorporate features to add visual interest while reducing the appearance of bulk or mass. Such features include varied facades, rooflines, roof heights, materials, and details such as brick chimneys or shutters. Buildings shall relate to the pedestrian scale by:
     • Including appropriate architectural details to add visual interest along the ground floor of all facades that face streets, squares, pedestrian pathways, parking lots, or other significant pedestrian spaces.
     • Articulate the base, middle, and top of the facade separated by cornices, string cornices, step-backs or other similar features.
     • Continuous lengths of flat, blank walls adjacent to streets, pedestrian pathways, or open spaces shall not be permitted.
   • Roof Form - New construction, including new development above existing buildings and/or substantial alterations, shall incorporate gables or other traditional pitched roof forms which will be consistent with the historic architecture of the Town of Littleton. Flat roofs are discouraged. Mechanical equipment located on roofs shall be screened, organized and designed as a component of the roof design, and not appear to be a leftover or add-on element.
   • Entrances - All primary commercial and residential building entrances shall be visible from the right-of-way and the sidewalk, and shall have an entrance directly accessible from the sidewalk. Doors shall not extend beyond the exterior facade into pedestrian pathways.
   • External Materials and Appearance - Predominant wall materials shall have the appearance of wood, brick or stone painted or coated in a [natural] non-metallic finish. Cladding materials should be consistent on all facades with the exception of special design elements such as gables or dormers.
     • Awnings and canopies shall be compatible with the architectural style of the building. Colors and patterns used for awnings and canopies shall be subdued and compatible with existing awnings on adjacent buildings.
     • Except for minor trim, the building shall avoid the appearance of reflective materials such as porcelain enamel or sheet metal. Window panes shall be non-reflective.
     • Ground floor commercial building facades facing streets, squares, or other significant pedestrian spaces shall contain transparent windows encompassing a minimum of 40 percent of the facade surface.
     • Wherever possible, existing historic structures on the site shall be preserved and renovated for use as part of the development.
     • Any alteration of or addition to an existing historic structure shall employ materials, colors and textures as well as massing, size, scale and architectural features that are compatible with the original structure. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
   • Landscaping - To the maximum extent possible projects in the Common Area shall provide pedestrian-friendly amenities, such as wide sidewalks/pathways, outdoor seating, patios, porches or courtyards. Site landscaping shall be maximized. Links/sidewalks designed to connect parking areas with adjacent developments are encouraged to further the goal of providing safe pedestrian access to businesses within the Littleton Common.
   • Service Areas, Utilities and Equipment - Service and loading areas and mechanical equipment and utilities shall be unobtrusive or sufficiently screened so that they are not visible from streets or primary public open spaces and shall incorporate effective techniques for noise buffering from adjacent uses. Waste disposal areas shall follow all relevant requirements of the current Littleton zoning by-law.
   • Sustainable Building Design - It is desirable that new buildings constructed in the Littleton Common Area comply with the current Leadership in Energy and Environmental Design (LEED) criteria, as promulgated by the U.S. Green Building Council to the maximum extent feasible.
   • Vehicle and Pedestrian Features - Vehicle, pedestrian and bicycle features shall be designed to provide a network of pathways, and promote walking within the Littleton Common area. Curb cuts shall be minimized.
     • Parking: To maintain a pedestrian-friendly environment, motor vehicle parking spaces shall be located behind or beside buildings wherever possible. Parking located directly between the building and the street alignment shall be discouraged.
     • Bicycle Parking: Bicycle parking shall be provided for all new development, shall be at least 50 percent sheltered from the elements, and shall be located as close as possible to the building entrance(s). Any property required to have bicycle parking may establish a shared bicycle parking facility with any other property owner within the same block.
   • Appointment of Design Advisory Team (DAT) - The Planning Board may, at its option, appoint a Design Advisory Team to assist in the review of any project in the Littleton Village Common zone that requires Site Plan Review pursuant to Section 173-20. Members of the DAT shall include: one or more Planning Board member(s); professional architect(s); landscape architect(s) or design related professional(s); Historical Commission member(s); business owner(s).
     • The DAT will provide advisory professional design review assistance to the Planning Board. 
     • The DAT may also submit a written report to the Planning Board. The DAT will be appointed at a regularly scheduled meeting where public notice has been provided.
     • At the direction of the Planning Board, a project applicant may be required to meet with the DAT to discuss resolution of design concerns.
7. Insert a new Article XXIV, Mixed Use, as follows:
   
   ARTICLE XXIV, MIXED USE
   1. §173-165. Special Permit.
      1. The Littleton Planning Board is hereby designated the Special Permit Granting Authority (SPGA) to grant special permits for mixed use development under the provisions of this Article.
      2. The SPGA may grant a special permit for mixed use development only upon finding that such use is in harmony with the general purpose and intent of the zoning bylaw and the proposal meets the specific provisions set forth under this bylaw. In granting the special permit, the SPGA may also specify conditions, safeguards and limitations concerning the use of the property associated therewith.
      3. Site Plan Review, pursuant to Section 173-16, is required for all Mixed Use developments.
   2. §173-166. Special Provisions.
      Mixed Use development projects shall be granted special permits only in conformity with the following:
      1. Suitability of the site for Mixed Use development, including adequacy of the site in terms of the density of proposed uses.
         • Impact on the visual character of the business district and surrounding neighborhood.
         • Adequacy of pedestrian access to buildings, public spaces, and between adjacent uses.
         • Degree to which the proposed project complies with the goals of the Littleton MasterPlan.
      2. Mixed Use developments may include the following: studio, 1 and 2 bedroom units.
      3. The mix of uses shall be balanced and compatible and shall contribute to a vibrant village atmosphere, including a combination of ground floor street front uses such as retail, restaurant and offices.
      4. Ground floors of buildings fronting streets or public access ways shall be reserved for commercial uses except as specified below. Dwelling units shall be allowed on ground floors of buildings as follows:
         • The building is set behind another building that has commercial uses on the ground floor, or
         • The residential portion of the ground floor of a building is set behind street-front retail/office/restaurant uses within the same building, or
         • The Planning Board determines that street-front residential uses will not have an adverse impact on the continuity of the commercial street front uses, and where such street-front residential uses will not be adversely affected by proximity to street and adjacent commercial uses.
      5. Parking requirements. Entrances to dwelling units shall be visible and accessible from any parking areas located in the rear of a mixed-use building. All entrances are to have sufficient illumination at night time. The Planning Board, consistent with Section 173-32 Parking Requirements, will consider the following parking requirements for Mixed Use Projects:
         • 1.5 spaces per dwelling unit for 1 and 2 bedroom units
         • 1 space per 200 sq ft of retail
8. Amend the Intensity of Use Schedule, appearing at the end of Chapter 173, by inserting, immediately below the row for the R District, a new row, to be labeled VC and, except as otherwise provided pursuant to this Article, containing the same entry as appears in the row for the B District.
9. Further amend the Intensity of Use Schedule, appearing at the end of Chapter 173, by inserting, a new note 11, to be appended to the entry for Minimum Street Setback (feet) in the row for the VC District, as follows: Within the Village Common zoning district, the Planning Board, as part of Site Plan Review, may determine that special circumstances render a lesser Minimum Street Setback adequate to meet the purposes of the Littleton zoning bylaw. If a lesser setback is allowed, the Planning Board may impose such conditions as it deems necessary. Such circumstances may include consistency with existing street setbacks and design that encourages a pedestrian environment.

; or to take any other action in relation thereto.

Motion: Moved and seconded by the Planning Board that the Town vote to amend the Zoning Map and Zoning By-Law of the Town of Littleton precisely as set forth in Article 4 as printed in the warrant.

Planning Board and Board of Selectmen support Article 4.

Declared passed by a 2/3's majority vote [159-47]. So voted.

ARTICLE 5 - Planning Board/Board of Selectmen - Zoning Amendment: Littleton Village Overlay District West-Beaver Brook Area (Area B)

To see if the Town will vote to amend the Zoning Map and Zoning By-Law of the Town of Littleton as follows: 

1. Amend §173-22.A by deleting subsection (2) therefrom in its entirety and inserting in its place the following: In addition, there are Wetlands, Floodplains, Aquifer, Water Resource, and Littleton Village Overlay District West—Beaver Brook Area Districts. 
2. Insert a new Article XXV, Littleton Village Overlay District West—Beaver Brook Area, as follows: 

ARTICLE XXV, LITTLETON VILLAGE OVERLAY DISTRICT WEST-BEAVER BROOK AREA

§ 173-167. Purpose and Intent.

1. The Littleton Village Overlay District West – Beaver Brook Area zoning bylaw is hereby established to promote:
   • A variety and balance of commercial uses and retail uses, coordinated through a master plan process
   • Economic development while remaining sensitive to environmental impacts
   • Building reuse and appropriate infill development
   • Innovative and sustainable building and site design
   • Integrated physical design and synergies between activities
   • Existing industrial uses, as well as site redevelopment to allow for updated types of industrial uses 
   • Preservation and re-use of historic resources
   • A pedestrian-friendly environment
2. The Littleton Village Overlay District West – Beaver Brook Area includes those portions of the Industrial A District (I-A), the Industrial B District (I-B) and the Business or Village Common [1] District to the North of the Great Road and West of King Street, all as shown on the map entitled ”Littleton Village Overlay District West – Beaver Brook Area Zoning Map,” dated March 19, 2010 (PDF) and prepared by the Metropolitan Area Planning Council, on file with the Town Clerk and hereby made a part of this chapter. The benefits and obligations of the zoning bylaw shall accrue only to proposals for development on those parcels located entirely within the boundary of the Littleton Village Overlay District West – Beaver Brook Area, as shown on said map.

§ 173-168. Zoning Regulations in Effect; Conflict Provisions.

1. The Littleton Village Overlay District West – Beaver Brook Area bylaw shall not restrict, except as cited below, the rights of any owner who elects to utilize the existing underlying zoning district regulations to develop or redevelop land. If an owner elects to utilize the Littleton Village Overlay District—Beaver Brook Area bylaw to develop or redevelop land, the project shall conform to all applicable requirements of this bylaw, including any regulations or guidelines that may be adopted to support this bylaw.
2. In the event that an owner elects to utilize this bylaw to develop or redevelop land, then the underlying zoning in the Littleton zoning bylaw and the Littleton Village Overlay District West Beaver Brook Area bylaw shall together constitute the zoning regulations for this Area. All requirements of the underlying zoning districts, such as but not limited to, lot size, frontage, density, setbacks, height, parking and loading, stormwater control and treatment, and signage, shall govern, unless specifically modified by the Littleton Village Overlay District West – Beaver Brook Area bylaw.
3. If the provisions of this bylaw are in conflict with any other section of the Littleton zoning bylaw, the regulations of the Littleton Village Overlay District West—Beaver Brook Area shall govern.
4. For all purposes of this bylaw, the Planning Board is designated as the Special Permit Granting Authority (SPGA). All Special Permit applications made pursuant to this bylaw shall conform to the requirements of this bylaw and Section 173-7 of the Littleton zoning bylaw.
5. The Planning Board may adopt regulations for the implementation of this bylaw, including, but not limited to design guidelines that support the Littleton Village Overlay District West – Beaver Brook Area design standards.

§ 173-169. Master Planned Developments

Pursuant to Section 173-89. To further the purposes of the Littleton Village Overlay District West-Beaver Brook Area, projects involving less than 25 acres, but more than three (3) acres, may be approved by Master Planned Development special permit under Section 173-89 of the Littleton zoning bylaw. Such projects shall be subject to the additional requirements of this bylaw, and all other provisions of Section 173-89.

This type of special permit shall be known as the Master Planned Overlay Development Special Permit. 

§ 173-170. Uses Allowed as part of a Master Planned Development.

Projects submitted as a Master Planned Development pursuant to this bylaw may include uses that are allowed by right in either the Industrial A or Industrial B zoning districts, and/or uses that may be authorized under Special Permit (as provided in Section 173-7) in either the Industrial A or Industrial B zoning districts. In addition, the following uses may be authorized by Master Planned Overlay Development Special Permit: 

§ 173-171. Use Exceptions.

1. Variances for uses, per Section 173-6 B. (2) of the Littleton zoning bylaw shall not be permitted in any project submitted as a Master Planned Development.
2. The following uses, granted by Special Permit in the underlying Industrial Zones, shall not be allowed in any project submitted as a Master Planned Development: Adult Use Establishments, Motor Vehicle Service Stations and Mobile Homes.

§ 173-172. Concurrent Review and Granting of Special Permits.

At the proponent’s option, applications for Special Permits for the Aquifer and Water Resource Districts (Section 173-61 thru 64) and Major Commercial or Industrial Use (Section 173-86 thru 88) if needed may be submitted and reviewed concurrently as part of the Master Planned Overlay Development approval process. Any additional Special Permits deemed to be required may also be submitted as part of the Master Planned Development approval process. If the Special Permit applications are not filed for concurrent review, they shall be filed once the Master Planned Development approval has been granted. The Planning Board encourages concurrent review of special permit applications.

§ 173-173. Concept Plan Approval.

Pursuant to Section 173-87, Town Meeting approval is required for retail use equal to or more than 60,000 square feet gross floor area as part of a Major Commercial or Industrial Use.

§ 173-174. Master Planned Development Approval.

The Planning Board as SPGA may grant a Master Planned Overlay Development Special Permit if it finds the criteria for approval, as outlined in Sections 173-175- thru 173-179 (below), Sections 173-89, and 173-7C, and, if applicable, in Sections 173-62 and 173-88B have been met. The Special Permit may include approval of both a schematic development plan, including phasing, and the proposed mix of uses in the development. If the project proponent elects to utilize Concurrent Review of Special Permits (Section 173-172 above), the findings required pursuant to the applicable Sections of the Littleton zoning bylaw must be met.

The decision of the Planning Board for Master Planned Development projects may be approval, approval with conditions, or denial of the requested Special Permit(s).

§ 173-175. General Performance Standards and Criteria.

The Planning Board shall consider the following general criteria before issuing a Special Permit for development within the Littleton Village Overlay District West – Beaver Brook Area:

1. Adequacy of the site in terms of the size of the proposed use(s). 
2. Suitability of the site for the proposed uses(s).
3. Adequacy of the provision of open space, its accessibility to the general public, and/or its association with adjacent or proximate open space areas.
4. Impact on traffic and pedestrian flow and safety and access for emergency vehicles. 
5. Adequacy of pedestrian access to buildings and between public spaces. 
6. Impact on the visual character of the Littleton Village Overlay District West – Beaver Brook Area and surrounding neighborhood. 
7. Adequacy of utilities, including sewage disposal, water supply and storm water drainage. 
8. Potential impacts on the Town’s aquifer. 
9. Degree to which the proposed project complies with the goals of the latest Littleton Master Plan and the provisions of this section. 

§173-176. Design Standards.

In addition to the General Performance Standards and Criteria, the Planning Board shall consider the following Design Standards in reviewing any Master Planned Development application.

The design standards are intended to promote quality development emphasizing the Town’s sense of history as a farming community and desire for contextual, pedestrian-scaled projects. To provide additional guidance, the Planning Board may promulgate more detailed Design Guidelines. All applications made pursuant to this bylaw shall be subject to the following Design Standards.

Building Scale and Massing

• The size and detailing of buildings shall be pedestrian oriented and shall reflect community preference for moderate-scale structures that do not resemble “big box shopping centers”. Building design shall incorporate features to add visual interest while reducing appearance of bulk or mass. Such features include varied facades, rooflines, roof heights, materials, and architectural details.
• Buildings shall relate to the pedestrian scale by:
• Including appropriate architectural details to add visual interest along the ground floor of all facades that face streets, squares, pedestrian pathways, parking lots, or other significant pedestrian spaces.
• Articulating the base, middle, and top of the facade separated by cornices, string cornices, step-backs or other articulating features.
• Continuous lengths of flat, blank walls adjacent to streets, pedestrian pathways, or open spaces or visible from adjacent residential areas are to be minimized.

Entrances

For visibility and accessibility, all primary commercial building entrances shall be visible from the right-of-way and the sidewalk, and shall have an entrance directly accessible from the sidewalk.

Doors shall not extend beyond the exterior facade into pedestrian pathways.

Where parking is located to the rear of a building, entrances to the building are to be visible and accessible from the parking lot. All entrances are to have sufficient illumination at night time.

External Materials and Appearance

• External building treatments shall relate to and be in harmony with surrounding structures. 
• Predominant wall materials shall have the appearance of wood, stucco or stone painted or coated in a non-metallic finish.
• Except for minor trim, the building shall avoid the appearance of reflective materials such as porcelain enamel or sheet metal. Window panes shall be non-reflective.
• Ground floor commercial building facades facing streets, squares, or other significant pedestrian spaces shall contain transparent windows encompassing a minimum of 40 percent of the facade surface.
• Wherever possible, existing historic structures on the site shall be preserved and renovated for use as part of the development.
• Any alteration of or addition to an existing historic structure shall employ materials, colors and textures as well as massing, size, scale and architectural features that are compatible with the original structure. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. Awnings and canopies shall be compatible with the architectural style of the building.

Screening of Mechanical Equipment

Mechanical equipment located on roofs shall be screened, organized and designed as a component of the roofscape, and not appear to be a leftover or add-on element.

Landscaping and Public Realm Enhancements

A minimum of 10 percent of the site shall remain open space that is designed and intended for public use, such as landscaped sitting areas. This category of open space shall be usable, unobstructed space that is not used for vehicle parking, vehicle circulation, loading spaces or pedestrian pathways or landscaping within vehicle parking lots. This category of open space shall not include streams, wetlands, ponds, rivers, certified vernal pools or other resource areas, or their associated buffer zones as identified under MGL Ch. 131 or the regulations thereunder.

Developments shall enhance the pedestrian environment by use of amenities such as wide sidewalks/pathways, outdoor seating, patios or courtyards, and/or appropriate landscaping. All structures, parking, pathways and other pedestrian amenities shall be designed to maximize ease of pedestrian access.

All developments shall be landscaped with appropriate low-water native vegetation.

Landscaping and screening plant materials within the Littleton Village Overlay District West – Beaver Brook Area shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic or blocks views of signs within the roadway alignment.

Vehicle, pedestrian, and bicycle features shall be designed to provide a network of pathways and promote walking within the Littleton Village Overlay District West – Beaver Brook Area. Driveways shall not occupy more than 25 percent of the frontage of any parcel, except for lots with a frontage of less than 40 feet. Curb cuts shall be minimized and subject to design review by the Board. The Board may require allowance for pedestrian and vehicular access to existing or future developments on abutting properties in order to facilitate pedestrian access and to minimize curb cuts.

Service Areas, Utilities and Equipment

Service and loading areas and mechanical equipment and utilities shall be unobtrusive or sufficiently screened so that they are not visible from streets or primary public open spaces and shall incorporate effective techniques for noise buffering from adjacent uses.

Vehicle and Bicycle Parking

Parking areas shall be designed to maintain a pedestrian-friendly environment. Large parking areas shall be located behind or beside buildings wherever possible. Generally, large parking areas parking shall not be located directly between the building and the street alignment.

• Bicycle parking shall be provided for all new developments, and shall be at least 50 percent sheltered from the elements.
• At least two bicycle parking or storage spaces shall be created for each commercial use within the site.
• Bicycle parking or storage spaces shall be located as close as possible to the building entrance(s).
• Any property owner required to have bicycle parking may elect to establish a shared bicycle parking facility with any other property owner within the same block to meet these requirements.

Sustainable Building Design

It is desirable that new buildings comply with the current Leadership in Energy and Environmental Design (LEED) criteria, as promulgated by the U.S. Green Building Council to the maximum extent feasible.

§ 173-177. Mix of Uses.

The proposed mix of uses in the project shall be balanced and compatible and shall contribute to a vibrant village atmosphere, including ground floor street-front uses comprised of retail, restaurant and office uses. Within the Littleton Village Overlay District West – Beaver Brook Area, hotels, with accessory banquet, eating, and drinking uses, theaters, performance spaces, etc. are encouraged.

§ 173-178. Site Plan Review.

Site Plan Review, as applicable pursuant to Section 173-16 thru 19, is required for any project that has received a Master Planned Overlay Development Special Permit. A sufficiently detailed site plan, meeting all of the requirements in Section 173-16 thru 19, may, at the applicant’s option, be submitted for review and approval at the same time as the Master Planned Development application.

§ 173-179. Relationship to Aquifer and Water Resource Districts.

1. Purpose. This purpose of this section is to balance environmental constraints in Littleton’s Aquifer and Water Resource Districts with appropriate redevelopment of industrial sites. The entire Littleton Village Overlay District West – Beaver Brook Area is within either the Aquifer District or the Water Resource District. Total potential site coverage within the Aquifer District is limited to 30% by Special Permit, and within the Water Resource District, to 50% by Special Permit. The provisions of this section allow for redevelopment of sites that currently exceed the 30% site coverage in the Aquifer District and the 50% site coverage in the Water Resource District.
2. Site Coverage. Unless otherwise specified in the Littleton Village Overlay District West – Beaver Brook Area bylaw, the maximum impervious site cover shall be limited to 30 percent of the total lot area in the Aquifer District and 50 percent in the Water Resource District, pursuant to Section 173-61 thru 64 as amended of the Littleton zoning bylaw. For the purposes of the Littleton Village Overlay District West – Beaver Brook Area, site cover shall include all impervious surfaces such as parking and building coverage. The Planning Board, by Special Permit, may allow for redevelopment that is equivalent to the same percent lot coverage as the existing impervious lot coverage, even if it exceeds the 30% and 50 % thresholds, provided that both of the following criteria are met:
   1. The development incorporates current MA Department of Environment Protection (DEP) best management practices for storm water management, and the Storm Water Quality Control and Storm Water Quality Practices outlined in the Town of Littleton Low Impact Design/Best Management Practices Manual.
   2. There is no net increase in impervious site coverage.

All other provisions of the Aquifer and Water Resource Districts shall apply to all developments within this zone.

; or to take any other action in relation thereto. 

Motion: Moved and seconded by the Planning Board that the Town vote to amend the Zoning Map and Zoning By-Law of the Town of Littleton as set forth in Article 5 as printed in the warrant, subject to the following modifications: 

1. Amend the second bulleted clause in §173-167.A, Purpose and Intent to read as follows: “Economic development while remaining sensitive to environmental and surrounding residential area impacts”; 
2. Delete the first sentence of §173-167.B in its entirety and insert in its place the following: “The Littleton Village Overlay District West – Beaver Brook Area includes those portions of the Industrial A District (I-A), the Industrial B District (I-B) and the Village Common District to the North of the Great Road and West of King Street, all as shown on the map entitled “Littleton Village Overlay District West – Beaver Brook Area Zoning Map,” dated April 22, 2010 (PDF) and prepared by the Metropolitan Area Planning Council on file with the Town Clerk and hereby made a part of this chapter.”; 
3. Add to the subsection of §173-176 labeled “Building Scale and Massing,” after the sentence that reads “Such features include varied facades, rooflines, roof heights, materials and architectural details,” the following new sentence: “The Planning Board may, as part of a Master Planned Overlay Development Special Permit approval, authorize an exception to the height limit upon a finding that the additional height is integral to the use and/or specific design of the structure(s); and 
4. Delete the second sentence of § 173-176 Design Standards External Materials and Appearance and add in its place: “Predominant wall materials shall have the appearance of wood, stucco or stone. If painted or coated, only a non-metallic finish shall be used.”

Planning Board and Board of Selectmen support Article 5.

Declared passed by a 2/3's majority vote [153-38]. So voted.

ARTICLE 6 - Board of Selectmen - Littleton Common Sewer Feasibility Study

To see if the Town will vote to transfer from available funds a sum or sums of money for a sewer feasibility study for Littleton Common; or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer the sum of $50,000 from Line 194 Employee/Retiree Benefits [Unemployment Expense] of the FY 2010 Operating Budget as adopted under Article 4 of the May 4, 2009 Annual Town Meeting for a sewer feasibility study for Littleton Common. 

Finance Committee and Board of Selectmen support Article 6. 

Declared passed by a majority vote. So voted.

ARTICLE 7 - Board of Selectmen – Board of Water Commissioners - Roadway and Water Improvements

To see if the Town will vote to amend the action taken under Article 3 of the Special Town Meeting held on May 5, 2008, as amended by the action taken under Article 7 of the Special Town Meeting held on May 4, 2009, by increasing from $1,000,000 to $1,100,000 the amount of borrowing authorized thereunder to pay costs of roadway improvements and, where appropriate, water system improvements as roadways above them are being improved, or take any other action in relation thereto.

Motion: Moved and seconded by the Board of Water Commissioners that the vote of the Town adopted under Article 3 of the Special Town Meeting held on May 5, 2008, as amended by vote of the Town under Article 7 of the Special Town Meeting held on May 4, 2009, is hereby further amended by increasing from $1,000,000 to $1,100,000 the amount of the appropriation and borrowing authorized thereunder to pay costs of roadway improvements and, where appropriate, water system improvements as roadways above them are being improved.

Finance Committee, Board of Water Commissioners, and Board of Selectmen support Article 7.

Declared passed by a unanimous vote (2/3's majority required). So voted.

ARTICLE 8 - Board of Water Commissioners - Water Capital Improvements

To see if the Town will vote to transfer from available funds and/or borrow a sum or sums of money for the purpose of funding capital improvements to the production facilities and distribution system of the Town of Littleton’s Water Department, or to take any other action in relation thereto.

No affirmative action taken on Article 8.

ARTICLE 9 - Board of Selectmen - Other Post Employment Benefits Liability Fund

To see if the Town will vote to accept the provisions of Chapter 32B, Section 20 of the General Laws to establish a separate fund, to be known as an Other Post Employment Benefits Liability Trust Fund, to account for appropriations made to cover the unfunded actuarial liability related to retirees’ health care and other post employment benefits; or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to accept the provisions of Chapter 32B, Section 20 of the General Laws to establish a separate fund, to be known as an Other Post Employment Benefits Liability Trust Fund, to account for appropriations made to cover the unfunded actuarial liability related to retirees’ health care and other post employment benefits.

Finance Committee and Board of Selectmen support Article 9.

Declared passed by a majority vote. So voted.

Note: The action taken by Town Meeting on Article 4, above, will determine whether “Business” or “Village Common” will be included in this sentence.