A.
The height of any structure in all districts shall
not exceed 35 feet or three stories.
[Amended 5-12-1982 ATM, Art. 34]
B.
Building height shall be measured as the vertical
distance from the average elevations of the finished lot grade at
the front of the building to the highest point of the top story in
the case of a flat roof, and to the mean height between the plate
and the ridge in the case of a pitched roof.
C.
Each story shall be deeded to be the portion of a
building between the upper surface of any floor and the upper surface
of any floor next above, having more than 1/2 of its height above
the average elevation of the finished grade adjoining the building,
provided that any part of a building between the topmost floor and
the roof shall be deemed a half story.
D.
Limitations of height shall not apply to such structures
as belfries, flagpoles, chimneys, radio and television antennas, windmills,
silos, water tanks and similar noninhabitable structures.
A.
Use of legally established lots. Nothing in this section
shall prevent the use of land, which is not held in common ownership
with any adjoining land, for the activities which comply with the
permitted uses for the district in which the land is located, upon
lots legally established preceding the adoption of any amendment and
nonconforming as to width, area or frontage, provided that no such
lot shall be changed in width, area or frontage, respectively, in
such manner as to increase its nonconformity. Nothing in this section
shall be construed to permit the use of any lot so affected without
at least 50 feet of frontage.
[Amended 5-12-1982 ATM, Art. 36; 5-14-1986 ATM, Art. 38; 6-9-1987 STM, Art. 4]
B.
Lot area. (Lot as defined in Article VIII.)
(1)
For each dwelling in any district, except for the
Elderly Housing District, there shall be a lot area of not less than
two acres.
(2)
The minimum lot area within Business and Manufacturing or Industrial Districts shall have one acre and be in accordance with an approved site plan submitted pursuant to § 196-30 below, except as provided in § 196-14B(10)(f).
(3)
Computation of lot area.
(a)
In computing the area of any lot, no part of
a public or private way, except a common driveway or other easement
for nonmotorized recreational use, and no part of a pond or river
shall be included.
[Amended 5-14-1986 ATM, Art. 35]
(b)
Every lot laid out for residential use shall
have at least one acre of contiguous legally buildable area of naturally
occurring land with soils not subject to flooding as defined in 310
Code of Massachusetts Regulation 10.57, and sufficiently dry to permit
installation and use of facilities for disposal of sanitary waste.
[Amended 5-11-1983 ATM, Art. 38; 5-15-1985 ATM, Art. 25; 5-2-1987 ATM, Art. 43; 5-18-1988 ATM, Art.
54]
(c)
In any lot created after the adoption of this
amendment, no land which is part of a Wetland Resource Area as specified
in 310 CMR 10.02 (1)(a) subject to protection under the Massachusetts
Wetlands Protection Act, MGL, c. 131, § 40, nor any land
within 75 feet of such Wetland Resource Area may be counted towards
the contiguous buildable area.
[Added 5-10-1995 ATM, Art. 38]
(4)
The minimum area of a lot within the Elderly Housing
District shall be 24 acres.
(5)
The maximum number of dwellings on any given lot within
the Elderly Housing District shall be 104.
[Amended 5-9-1990 ATM, Art. 25]
(6)
The number of buildings containing dwellings on any
lot within the Elderly Housing District shall not exceed one for every
two acres of lot area.
C.
Lot coverage. All buildings, including accessory buildings,
shall not cover more than 25% of the area of any lot, except that
the Board of Appeals may grant a special permit for larger building
occupancy in any district other than R-A.
D.
Lot frontage and width.
(1)
Minimum lot frontage.
(a)
For each dwelling in an R-A Residence-Agricultural
District and for every building which includes a dwelling in any district,
there shall be a minimum continuous lot frontage of 250 feet, except
in the Elderly Housing District where the minimum continuous lot frontage
shall be 100 feet.
[Amended 3-2-1970 ATM, Art. 27]
(b)
In Business and Manufacturing or Industrial Districts the minimum lot frontage shall be in accordance with an approved site plan submitted in accordance with § 196-30.
(c)
Lot frontage shall be measured along the side
line of a street or right-of-way not less than 50 feet in width, as
shown on plans filed with the Planning Board, and such right-of-way
shall thereafter be considered as a street for the purpose of this
bylaw.
(2)
Minimum width of lot.
(a)
Each lot for residential use in an R-A Residence-Agricultural
District shall contain a minimum diameter area of 200 feet within
which any dwelling shall be built, which dwelling shall conform to
all setback and other provisions of this bylaw. The diameter area
of 200 feet shall be designated on any plans for the lot and need
not conform to the said setback provisions.
[Amended 5-15-1985 ATM, Art. 26; 5-14-1986 ATM, Art. 38; 5-2-1987 ATM, Art. 44; 5-10-2005 ATM, Art.
25]
(b)
No lot laid out after adoption of this amendment
shall have a lot width measured between side lot lines of less than
100 feet at any point in the buildable portion of said lot.
(c)
Each lot for residential use in an R-A Residential-Agricultural
District shall have a minimum depth of at least 50 feet along its
minimum required frontage for a minimum of 200 contiguous feet along
such frontage.
[Amended 5-18-1988 ATM, Art. 55; 5-2-1987 ATM, Art. 45; 5-10-1995 ATM, Art.
39]
(3)
Frontage exception for larger lots.
[Added 5-13-1975 ATM, Art. 10; amended 5-20-1980 ATM, Art.
29; 5-10-1995 ATM, Art. 40]
(a)
Notwithstanding the above provisions, a lot
in an R-A Residence-Agricultural District need not have the specified
amount of street frontage, provided that:
[1]
The area of the lot exceeds by at least four
acres the minimum area required for such an R-A District;
[2]
The lot has a minimum continuous street frontage
of not less than 50 feet and a width of not less than 50 feet at any
point between the street and the site of the dwelling;
[3]
There is not more than one other such lot with
frontage contiguous to it; and
[4]
It is not, in the opinion of the Planning Board,
so located as to block the possible future extension of a dead-end
street.
E.
Front yards. Every structure in all districts, except
for the Elderly Housing District, shall be so located as not to extend
within:
(1)
Fifty feet of the front lot line, except that no building
need be set back more than the average setback of the buildings on
either side, a vacant lot being counted as though occupied by a building
set back 50 feet.
[Amended 5-11-1999 ATM, Art. 35]
(2)
In case of lots abutting on more than one street,
the full width of the front yard shall be provided from each street.
(3)
Every structure in Elderly Housing Districts shall
be so located as not to extend within 200 feet of the front lot line.
[Amended 5-11-1999 ATM, Art. 36]
F.
Rear and side yards.
(1)
Every main structure or part thereof in a residential
district and every dwelling or part thereof in any district shall
be so located as not to extend within 25 feet of a side or rear lot
line or within 50 feet of any other building.
(3)
The common building and every building in the Elderly
Housing District shall be located as not to extend within 100 feet
of a side or rear lot line.
G.
Watercourse yards. There shall be a yard or setback
between any building or structure in any district and a watercourse,
stream, swamp or floodway of a width to leave the area subject to
flooding free of obstruction.
H.
Appurtenant open space. No yard or other open space
required for a building by these bylaws shall, during the life of
such building, be occupied by or counted as open space for another
building.
I.
Projections. Nothing herein shall prevent the projection
of steps, unroofed porches, cornices, windowsills, built courses and
other ornamental features into any required yard.
J.
Corner clearance. Within an area formed by the side
line of intersecting streets and a line joining points on such lines
15 feet distant from their point of intersection, or in case of a
rounded corner, from the point of intersection of their tangents,
no structure shall be erected and no foliage maintained between a
height of 3 1/2 feet and a height of eight feet above the plane
through their curb grades.
K.
Irregularly shaped lots.
[Added 5-14-1986 ATM, Art. 36; amended 5-12-1987 ATM, Art.
46; 5-22-1997 ATM, Art. 66]
(1)
Following acceptance of this subsection, no lot for
residential use shall be laid out which is irregular in shape:
(a)
A lot with at least 250 feet of street frontage
is substantially irregular in shape if the area of the lot is less
than 50% of the area of a square lot of the same perimeter.
(b)
A lot with less than 250 feet of street frontage
is substantially irregular in shape if the area of the lot is less
than 20% of the area of a square lot of the same perimeter.
(2)
The aforementioned percentage standards may be applied
to the entire lot or, at the discretion of the owner, to the minimum
lot area which conforms to all other requirements of this bylaw.
[Amended 5-9-1990 ATM, Art. 23; 5-11-1999 ATM, Art. 37]
Accessory buildings and structures, including
detached garages, shall not be closer than 50 feet from the front
lot line, nor any closer to any side or rear line than the height
of such accessory building above the ground or 20 feet, whichever
is greater, except structures used for housing animals which shall
be set back 50 feet from all lot lines. No accessory building shall
be located closer than 20 feet from any dwelling or main structure
on a lot unless both structures conform with Building Code regulations
relative to fire safety.
A.
Off-street parking spaces and loading areas shall
be required in at least the ratio specified below for the following
uses of land and buildings:
(1)
Dwellings: one parking space for each dwelling unit
therein.
(2)
Places of public assembly including churches: one
parking space for each three seats therein.
(3)
Schools: one parking space for each classroom therein,
plus one space for each two employees or staff positions other than
teachers; and where an auditorium is provided, one space for each
three seats therein.
(4)
Hotels, motels and lodger accommodations: one parking
space for each room accommodation therein and loading space for all
delivery trucks or sanitary collection vehicles.
(5)
Other service establishments and retail businesses:
the minimum required parking and loading spaces including driveways
for these establishments shall be in proportion to at least one parking
space of 300 square feet for each 100 square feet or fraction thereof
of gross area, excluding basement storage area.
(6)
Wholesale and industrial establishments: one parking
space for each two persons employed on the largest shift, plus one
space for each company-owned and -operated vehicle, plus spaces for
customers' vehicles as appropriate, and loading spaces for all delivery
or shipping trucks.
(7)
Other uses requiring off-street parking and loading
space: spaces in accordance with anticipated needs as determined by
the grant of a special permit by the Board of Appeals.
(8)
In an Elderly Housing District, no housing shall be
constructed unless there is provided on the lot off-street parking
totaling at least four parking spaces as defined below for each three
units contained in such residence buildings. Parking spaces with a
garage may be counted towards the required number of parking spaces.
[Amended 5-14-1986 ATM, Art. 38]
B.
Required off-street parking and loading spaces shall
be located on the same lot and in the same district as the building
or use they are intended to serve, or, in the case of parking spaces,
on other premises in the same district within 200 feet of such lot.
[Amended 5-22-1991 ATM, Art. 42]
C.
Required off-street parking and loading spaces shall
not hereafter be reduced, nor any loading space counted as or substituted
for a parking space.
D.
Required off-street parking spaces shall each contain
a minimum of 162 square feet (9 feet by 18 feet) of area for each
vehicle suitable for parking; provided, however, that a driveway may
be considered a required parking space for a dwelling. In addition,
within a parking lot, there must be adequate space provided for the
aisles and other accessways so that the minimum square footage required
for each parking space is maintained.
[Amended 5-11-1999 ATM, Art. 41]
E.
Required off-street parking and loading spaces shall
all have adequate vehicular access to a street.
F.
No part of an off-street parking or loading space
required for another building or use shall be included as part of
an off-street parking area required for another building or use unless
granted a special permit by the Board of Appeals upon its determination
that the period of usage of such structures will not be simultaneous.
G.
All off-street parking areas and loading areas, other
than those provided for dwellings, but including drives and other
accessways, shall be paved with bituminous or other surfacing material
and shall be provided where necessary with appropriate bumper and
wheel guards. Illumination shall be so arranged as to deflect the
light away from adjoining lots and abutting streets, and screening
shall be provided where required by this bylaw.
A.
In any and every district signs will be permitted
in conformity with other provisions of this bylaw.
(1)
One sign pertaining to the lease, sale or use of a
lot or building on which such sign is placed not exceeding a total
area of six square feet;
(2)
One sign for identification of professional and home
occupations or of occupant not exceeding a total of three square feet;
(3)
For directional purposes, not exceeding a total area
of three square feet.
B.
Subject to a grant of a special permit by the Board
of Appeals for specified periods not exceeding one year, other and
larger signs, but in no case exceeding a total area of 36 square feet.
C.
No sign in any district shall be flashing or animated,
nor shall be illuminated by other than white light directed within
the area of the sign, and no illumination shall be allowed beyond
8:00 p.m. or after the business closes for the night, whichever is
earlier, said sign allowed to be again illuminated when the business
reopens the following morning.
[Amended 5-22-1997 ATM, Art. 50]
D.
In Business and Manufacturing or Industrial Districts
signs will be permitted:
(1)
Advertising goods and services available on the premises,
not exceeding one square foot for every linear foot of store frontage
and in no case exceeding a total area of 36 square feet per lot.
(2)
For identification of the business, company or agency
on a wall or parapet of the main building not exceeding 30 square
feet for each separate business in a Business District and not exceeding
300 square feet in a Manufacturing or Industrial District.
(3)
For the purpose of identifying the business development
or shopping center, one freestanding sign with a total of 36 square
feet of area for each street on which the business development fronts.
E.
The Select Board Members may grant permits for signs
no larger than 50 square feet, relating to some nonprofit, charitable
public event, to be erected for not more than 30 days at a location
and in a manner approved by the Select Board Members.
[Added 12-4-1972 STM, Art. 10; amended 9-12-2020 ATM by Art. 19]
Buildings and uses permitted in the Manufacturing
or Industrial District shall be subject to the following minimum standards
for construction, use and operation. Applicants shall submit such
evidence as is necessary for the Inspector of Buildings to determine
compliance, including detailed plans certified as to compliance by
an architect or engineer. Refusal of a permit on the grounds of lack
of sufficient documentation may be appealed to the Board of Appeals.
A.
Hazardous or detrimental effect to adjacent property:
No fire and explosive hazards shall exist such as to produce dangerous
exposure to adjacent property.
B.
Gases: No noxious, toxic or corrosive fumes or gases
shall be emitted.
C.
Dust and smoke: No observable dust or smoke shall
be exhausted into the air.
D.
Heat and glare: No heat or glare shall be evident
beyond the property line.
E.
Exterior lighting: No exterior lighting, other than
properly shielded streetlighting, shall shine directly on adjacent
properties or towards any street.
F.
Noise: No noise shall be detectable beyond the property
line in excess of the average level or street and traffic noise generally
heard at the point of observation, and no noise below such level shall
be objectionable with respect to intermittence, beat frequency or
shrillness. No external loud speakers will be permitted, except emergency
alarms.
[Amended 5-14-1986 ATM, Art. 38]
G.
Vibration: No inherent and recurrently generated vibration
shall be perceptible at the property line.
H.
Radiation: No dangerous radiation shall be detectable
at the property line.
I.
Waste disposal and water service: Water service, and
waste and refuse disposal methods shall comply with pertinent health
regulations and shall be in accordance with the approved site plan.
J.
Screening: Screening by fences, walls and/or evergreen
planting, in accordance with the approved site plan, shall be provided,
erected and maintained to shield the business, industrial and manufacturing
uses of land and buildings from any adjoining residential property.
K.
Storage: Fuel, raw or partially processed or finished
material, machinery and equipment, including company-owned or -operated
vehicles, shall not be stored between the street line and the front
line of structures on the subject lot, or if there be no structure
within 50 feet of the street line, and in no case to be visible from
the street.
[Added 5-13-2008 ATM, Art. 19]
It shall be unlawful to install, construct,
or relocate any driveway without first obtaining a driveway permit
from the Planning Board. Normal maintenance, repair and repaving shall
be exempt.
A.
Driveways for detached single-family houses shall
comply with the following:
(1)
Layouts and configurations shall avoid excessive curves,
switchbacks, and slopes to provide optimal safety for access to and
from the dwelling site.
(2)
To the extent possible, the driveway apron shall be
aligned at 90◦ to the road and have
curved flare radii of six feet between the road and drive.
(3)
No person or persons shall cut or destroy any tree
on Town property (right-of-way along side of the road) without first
obtaining the approval of the Boxford Planning Board and the Boxford
Tree Warden. No person or persons shall remove, alter, or destroy
any stone wall on or bordering Town property (right-of-way along side
of the road) without first obtaining the approval of the Boxford Planning
Board in accordance with the Scenic Road Bylaw.
B.
Single driveways shall meet the following standards.
(1)
All single driveways shall have a finished width no
less than nine feet.
(2)
The first 25 feet in from the paved portion of the
public way shall have a maximum slope of 3%; the maximum driveway
slope along the centerline shall be 12%; any slopes over 8% shall
be paved. To preserve the stability of the existing natural topography,
no cut or fill in excess of eight feet of the natural topography shall
be allowed within the limits of the driveway cross section.
(3)
The slope grade shall allow rapid emergency access
during normal weather conditions. No physical barrier shall be located
on the inside of the curves that could impede fire truck or emergency
vehicle access.
(4)
The rate of runoff during construction and post-development
shall not exceed the rate of pre-development runoff.
(5)
After driveway completion, water runoff from the new
driveway shall not be allowed to enter onto the public right-of-way
and abutting property at any time.
(6)
The Planning Board may impose conditions on the construction,
re-construction or relocation of a driveway at their discretion to
ensure safe access onto public roads and to prevent any damage or
dangerous situation(s) due to drainage, icing, or other hazards. The
conditions may incorporate recommendations made by the Fire Chief,
Police Chief and Superintendent of Public Works.
(7)
The Superintendent of Public Works and Fire Chief
and may impose other conditions at their discretion to ensure safe
access and to prevent any damage or dangerous situation(s) because
of drainage, icing, etc. onto public roads.
(8)
Sight distance entering the public way shall be 50
feet in either direction to the best extent possible.
(9)
During construction, no debris shall be left on the
road or shoulder; nor shall drainage structures, culverts, or ditches
be blocked or impeded at any time.
(10)
All driveways longer than 500 feet shall have
a turnaround location within 25 feet of the dwelling for large vehicle
turnaround or as appropriate to be determined by the Planning Board.
(11)
Driveways shall conform to all other rules and
regulations of the Town of Boxford.
C.
Shared driveways shall conform to all the regulations as set forth in Subsection B and § 196-13B(11)(m)[1] of the Zoning Bylaw, plus the following:
(1)
The shared driveway shall not enter the roadway at
a point separated by less than 100 feet (centerline to centerline)
from any other driveway or intersection.
(2)
The shared portion of the driveway shall have a finished
width no less than 12 feet plus a one-foot level shoulder on either
side.
[1]
Editor's Note: See now § 196-13B(11)(l).
D.
Application.
(1)
The driveway location, layout, slopes, drainage, and
associated improvements shall be shown on a plan prepared by a professional
architect, engineer, or landscape architect. The Planning Board at
its sole discretion may waive the requirements for a driveway site
plan.
(2)
Four copies of the plan shall be submitted to the
Planning Board for review. The Planning Board may circulate the copies
to the Fire Chief, Police Chief, and the Superintendent of Public
Works.
(3)
The Fire Chief, Police Chief and the Superintendent
of Public Works may return recommendations within 14 days to the Planning
Board. If no recommendations are received within 14 days, the official
failing to submit a report shall be deemed to have approved the proposed
work on the driveway.
[Amended 5-14-1986 ATM, Art. 38; 5-11-1999 ATM, Art. 39]
A.
For the purpose of reasonably protecting the legitimate interests of adjoining property owners and occupants, ensuring the most advantageous use of all properties and administering the provisions of this bylaw relating to parking and loading spaces, no permit shall be issued for any new building or structure in a Business, Manufacturing, Industrial, Official or Open Space District; nor for an addition to or alteration of an existing building for commercial use in any district; nor for any new building or structure in an Elderly Housing District, until a site plan, prepared by a professional architect, engineer or landscape architect, has been approved for a special permit by the Board of Appeals, with the exception of Large Scale Ground Mounted Solar Photovoltaic Installations approved pursuant to § 196-22.2. Prior to the grant of any such special permit, the Board of Appeals shall refer such plans to the Inspector of Buildings and to the Planning Board for their respective review and recommendation.
[Amended 5-8-2018 ATM
by Art. 17]
B.
The site plan shall provide for:
(1)
Compliance with the requirements for parking and loading
spaces, for lot size, frontage, yards and heights and coverage of
buildings, and all other provisions of this bylaw.
(2)
Convenience and safety of vehicular and pedestrian
movement on the site and for the location of driveway openings in
relation to street traffic.
(3)
Convenience and safety of vehicular and pedestrian
movement off the site, if vehicular and pedestrian traffic off site
can reasonable be expected to be substantially affected by on-site
changes.
(4)
Adequacy as to the arrangement and, where not herein
specified, the number of parking and loading spaces in relation to
the proposed uses of the premises.
(5)
Design and appearance of proposed buildings, structures,
freestanding signs, screening and landscaping.
(6)
Adequacy of water supply, method(s) of waste disposal,
surface and subsurface drainage and lighting.
C.
To the extent that any change on site can reasonably be expected to substantially affect the neighborhood adjacent to the site, the Board of Appeals shall impose such restrictions as are reasonably related to mitigating any such negative impact. In assessing potential negative impact on the adjacent neighborhood, the Board of Appeals shall consider all of the factors set forth in Subsections B(1) through (6) hereof, as well as the potential for increased litter, noise or light pollution.
D.
The Planning Board may from time to time adopt rules
prescribing reasonable minimum regulations under this section.
E.
Site plans shall indicate existing and proposed:
[Added 5-22-1997 ATM, Art. 40]
A.
Purpose. The purposes of phased growth are to protect
and promote the public health, safety and welfare of the Town of Boxford
by phasing the growth of the Town at a manageable rate to ensure that
the Town has adequate time to expand its resources and to provide
the necessary services to meet the educational, infrastructure and
public safety needs of its residents in accordance with its Master
Plan.
B.
Applicability. This section shall apply to every new residential development except housing for the elderly, as defined in § 196-35, within an Elderly Housing District. "Development" shall mean a single parcel or set of contiguous parcels of land held in common ownership, regardless of form, at any time on or after the effective date of this section for which one or more building permits will be sought.
[Amended 5-13-2003 ATM, Art. 25]
C.
Phasing schedule.
[Amended 5-11-1999 ATM, Arts. 31 and 32]
(1)
Building permits for each development shall be granted
at an annual rate not greater than that permitted by the following
schedule:
|
Number of New Dwellings Projected in Total
Development
|
Maximum Number of Building Permits for
New Dwellings Per Year, Beginning with the Filing Date with the Registry
of Deeds of the Definitive Subdivision Plan
| |
|---|---|---|
|
1-10
|
5
| |
|
11-20
|
6
| |
|
21-30
|
7
| |
|
31-40
|
8
| |
|
41-50
|
9
| |
|
More than 50
|
10 plus 5% of number Over 50
|
(2)
The phasing schedule shall be set forth on the definitive
recorded subdivision plan.
D.
Subsequent changes in the shape or ownership of lots
shall not affect the applicability of this section. Lots can be sold
at any time for construction of dwellings in future years; however,
any lots covered by the provision, hereafter sold or otherwise transferred,
shall include in the deed the earliest date on which construction
may be commenced.
E.
This section shall be effective until May 1, 2014.
This section shall be necessary to permit and facilitate orderly development
and predicted growth.
[Amended 5-9-2006 ATM, Art. 33]
