A.Â
Permitted residential uses.
(1)Â
One-family detached dwellings and associated outbuildings, with
not more than one such dwelling located on any lot.
(2)Â
Conversion of a dwelling existing on April 10, 1952, to a two-
or three-family dwelling, provided that such conversion does not substantially
change the character or size of the structure, and provided further
that the lot appurtenant to said dwelling has an area per family unit
of at least half that required for a single-family unit.
B.Â
Permitted community service uses.
(1)Â
Municipal buildings conforming to area and setback requirements
and properly landscape screened.
(2)Â
Public utility buildings directly needed to provide services
to the townspeople, which conform to area and setback requirements
and which are properly landscape screened, but not including business
offices, repair garages or outside storage areas.
(3)Â
Cemetery.
(4)Â
Educational and religious uses exempt from zoning prohibition
by MGL c. 40A, § 3.
(5)Â
Other institutional, educational, recreational, philanthropic
or religious buildings or use, provided such building or use is not
a business undertaking, but not including one, the chief activity
of which is a service:
C.Â
Permitted accessory uses.
(1)Â
An office of either a doctor, or a dentist, or a lawyer, provided
that the principal use is residential and the business is conducted
in the dwelling by the person residing on the premises and involves
not more than two agents, servants or employees, including the resident
doctor, dentist or lawyer.
[Amended 5-10-2004, Art.
32]
(2)Â
Agricultural pursuits (and buildings necessary to such pursuits)
in accordance with MGL c. 40A, § 3, as amended.
(3)Â
Customary home occupations, conducted within the dwelling, such
as insurance, or real estate, craft manufacturing, dressmaking, millinery,
hair dressing, preparing food for sale, mail order businesses, the
taking of not more than four boarders or lodgers at any one time,
and the like, conducted by a person residing on the premises and involving
not more than two additional operatives, and provided that such occupations
and uses are not injurious or offensive to the neighborhood because
of the emission of odors, fumes, dust, noise, smoke, vibration or
other causes.
[Amended 5-6-2019 ATM,
Art. 30]
(4)Â
Service businesses provided that:
(a)Â
The business is conducted by a resident occupant;
(b)Â
The business is conducted principally away from the premises;
(c)Â
The business is not injurious or offensive to the neighborhood because
of the emission of odors, fumes, dust, noise, smoke, vibrations or
other cause; and
(d)Â
There is no display of goods visible from the street.
D.Â
Uses requiring a special permit from the Board of Appeals.
[Amended 5-3-1994 ATM]
(3)Â
A private club managed and controlled by the membership, but
not including one whose chief activity is a service customarily carried
on as a business. However, the foregoing shall not prohibit the customary
functions of bona fide country clubs, sportsman clubs, amateur dramatic
clubs, social or educational clubs, and the like.
(4)Â
Accessory dwelling units (ADU).
[Amended 5-9-2022 ATM, Art. 15]
(a)Â
Purposes. ADU units shall be allowed as set forth below for
the following purposes.
[1]Â
To encourage housing options for persons of all income levels and
all ages;
[2]Â
To allow a single-family homeowner(s) the opportunity to derive
rental income to allow the homeowner the financial ability to stay
in place;
[3]Â
To allow a single-family homeowner(s) the opportunity to accommodate
other family members in an ADU;
[4]Â
To encourage the availability of moderately priced year-round
rental units and promote greater housing diversity in the Town and
to promote greater availability of affordable housing for young adults
and senior citizens; and
[5]Â
To maintain the residential character of the lot on which any
ADU is located.
(b)Â
Applicability. A maximum of one ADU per lot shall be allowed as of
right, which shall mean that the development may proceed without the
need for a special permit, variance, waiver or other discretionary
zoning approval, as follows:
[1]Â
As of right ADU within a single-family dwelling. An ADU shall be
allowed as of right if it is located entirely within a single-family
dwelling (interior ADU), provided it satisfies all of the following
criteria:
[a]Â
The interior ADU shall have and shall maintain a separate entrance
from the principal dwelling, either directly from the outside or through
an entry hall or corridor that leads to the outside that is shared
with the principal dwelling and that is sufficient to meet the requirements
of the state building code for safe egress;
[b]Â
The interior ADU shall not be larger in floor area
than 1/2 the floor area of the principal single-family dwelling or
900 square feet, whichever is smaller;
[c]Â
The interior ADU shall not be used as a short-term
rental, and a restrictive covenant shall be recorded against the property
to that effect before any occupancy permit issues for the ADU, and
the covenant shall run to the Town and be enforceable by the Town
through injunctive relief and with the property owner required to
pay the Town's reasonable legal fees and costs for successful enforcement
of any violation of the restrictive covenant;
[d]Â
The interior ADU shall be restricted to one bedroom;
[e]Â
The interior ADU shall have at least one dedicated
parking space on the same lot and shall use the same driveway that
is used for the principal dwelling and there shall be at least two
parking spaces for the principal dwelling;
[f]Â
The interior ADU entrance and parking shall maintain
the single-family residential appearance of the property and, if the
entrance for the Interior ADU is not shared with the principal dwelling,
the entrance(s) for the Interior ADU shall be less visible from the
street view of the principal dwelling than the main entrance for the
principal dwelling;
[g]Â
At all times, the principal dwelling or the interior
ADU shall be owner-occupied;
[h]Â
The Board of Health must document to the Building
Inspector that sewage disposal for the property will be satisfactorily
provided for in accordance with the provisions of Title 5 and Board
of Health regulations, including provisions for an appropriate reserve
area on the site; and
[i]Â
No commercial use, except for a permitted home
occupation, shall be allowed on a property on which there is an interior
ADU.
[2]Â
As of right ADU in a detached structure on the same lot as the principal
single-family dwelling; site plan administrative review by the Planning
Board. An ADU may be allowed as of right in a detached structure ("detached
ADU") on the same lot as the principal single-family dwelling, provided
that it satisfies all of the following criteria:
[a]Â
The detached ADU shall have and shall maintain a separate entrance
from the principal dwelling, either directly from the outside or through
an entry hall or corridor that leads to the outside that is shared
with the principal dwelling and that is sufficient to meet the requirements
of the state building code for safe egress;
[b]Â
The detached ADU shall not be larger in floor area
than 1/2 the floor area of the principal single-family dwelling or
900 square feet, whichever is smaller. If the detached ADU is part
of a larger accessory structure, the owner may designate which distinct
portion of that structure’s floor space will be used as an ADU.
[c]Â
The detached ADU shall not be used as a short-term
rental, and a restrictive covenant shall be recorded against the property
to that effect before any occupancy permit issues for the ADU, and
the covenant shall run to the Town and be enforceable by the Town
through injunctive relief and with the property owner required to
pay the Town's reasonable legal fees and costs for successful enforcement
of any violation of the restrictive covenant;
[d]Â
The detached ADU shall be restricted to one bedroom;
[e]Â
The detached ADU shall have at least one dedicated
parking space on the same lot and shall use the same driveway that
is used for the principal dwelling and there shall be at least two
parking spaces for the principal dwelling;
[f]Â
At all times, the principal dwelling or the detached
ADU shall be owner-occupied;
[g]Â
The Board of Health must document to the Building
Inspector that sewage disposal for the property shall be satisfactorily
provided for in accordance with the provisions of Title 5 and Board
of Health regulations, including provisions for an appropriate reserve
area on the site;
[h]Â
A detached ADU shall be designed so that, to the
maximum extent practical, the appearance of the property on which
it is to be located remains that of a single-family residential property
and shall satisfy all applicable setbacks and shall not be located
in front of the principal dwelling and any addition or new construction
shall be consistent in design with the principal single-family dwelling,
considering the following: architectural details, roof design, building
spacing and orientation, door and window location and building materials,
with the design and location of the detached ADU to be subject to
administrative site plan review by the Planning Board prior to issuance
of a building permit to confirm that the design and location shall
maintain the single-family residential appearance to the maximum extent
possible;
[i]Â
A detached ADU shall be used only as a rental unit,
except that the owner of the property may reside in the ADU while
renting the principal single-family dwelling. Either the principal
dwelling or the ADU, but not both, may be used as a rental unit at
any given time; and
[j]Â
No commercial use, except for a permitted home
occupation, shall be allowed on a property on which there is a detached
ADU.
(c)Â
Any property that received and properly exercised a special permit
from the Zoning Board of Appeals to allow an accessory dwelling unit
may convert the special permit unit to an as of right unit provided
that the unit is determined by the Building Official to satisfy all
of the requirements of this section (including, but not limited to,
minimum parking requirements), except that the unit may be converted
to an as of right unit even though it exceeds 900 square feet.
[Added 5-8-2023 ATM by Art. 44]
E.Â
Prohibited home occupations. The following uses shall be prohibited:
[Amended 5-3-1994 ATM; 5-15-2001]
(1)Â
Ambulance service.
(2)Â
Automobile, truck, trailer, small engine or boat repair; automobile,
truck, trailer, or boat parts sales, washing or detailing service
on site.
(3)Â
Veterinary services, principally at home.
(4)Â
Health salons, gyms and tanning salons.
(5)Â
Restaurants and taverns.
(6)Â
Junk, salvage or storage yards.
(7)Â
Tow truck services.
(8)Â
Laundry, laundromat, and/or dry-cleaning services.
(9)Â
Photo developing as primary use.
(10)Â
Sales of firearms and/or ammunition.
F.Â
Common driveways.
[5-15-2005 ATM, Art.
17]
(1)Â
Purpose. To minimize curb cuts onto public ways and minimize
paved surface area, while maintaining safe access to residential lots
for year-round residential traffic and emergency vehicle access.
(2)Â
COMMON DRIVEWAY
PRIVATE WAY
PUBLIC WAY
Definitions.
A common driveway shall mean a driveway that is designed
to serve a minimum of two residential lots or a maximum of three residential
lots and for which one of the permits provided for below has been
issued and taken final effect.
A private way shall mean any way that is not a common driveway
or a public way.
A public way shall mean a way duly accepted by Town Meeting
pursuant to MGL c. 82.
(3)Â
Types of permits.
(a)Â
Building permit common driveway: up to 100 feet in length. The
Building Inspector/Zoning Enforcement Officer may issue a common driveway
building permit to allow a common driveway, as of right, provided
that the Building Inspector/Zoning Enforcement Officer is satisfied
that all of the requirements set forth below are satisfied:
[Amended 5-6-2019 ATM,
Art. 30]
(b)Â
Special permit common driveway: 100 feet to 300 feet or for
three lots. A common driveway special permit may be issued by the
Planning Board to allow a common driveway of between 100 feet to 300
feet or to serve up to three residential lots, with a common driveway
length of not more than 300 feet, provided that the Planning Board
is satisfied that all of the requirements set forth below are satisfied:
[1]Â
The common portion of the driveway shall not exceed 300 feet
in length;
[2]Â
The common driveway shall not serve more than three residential
lots;
[3]Â
The common driveway application and plan shall conform to all of the requirements set forth below under Subsection F(4), Standards and criteria; and
[4]Â
A fee of $500 was duly paid with the application, plus the applicant(s)
shall pay for the cost of legal notices and mailings and shall pay
for the cost of technical engineering review of the plan and drainage
calculations by the Planning Board's engineering consultant.
(4)Â
Standards and criteria for common driveways.
(a)Â
Application form. The applicant(s) for a common driveway shall
execute an application form supplied by the Building Inspector/Zoning
Enforcement Officer or the Planning Board, as appropriate.
(b)Â
Assent of all owners to the application. The application form
shall be signed by all of the owners of record for all of the residential
lots to be served by the proposed common driveway.
(c)Â
Minimum setback from property lines. All portions of the common
driveway shall be set back a minimum of 25 feet from any adjoining
property line, other than one property line for each of the residential
lots to be served by the driveway.
(d)Â
Minimum setback from other ways. The common driveway shall be
located a minimum of 50 feet from any existing driveway or public
or private way (except for an existing driveway that is to be eliminated
and revegetated).
(e)Â
Zoning compliance requirement. All of the residential lots to
be served by the common driveway shall conform to all applicable zoning
requirements, including minimum frontage and area requirements, and
the common driveway shall access over the legal frontage of at least
one of the lots to be served by the driveway. The common driveway
shall access from the way common to each of the lots that it serves.
The common portion of the common driveway shall not be used to calculate
lot area for any of the lots served by it.
[Amended 5-13-2008 ATM]
(f)Â
Sole means of access. The lots to be served by the common driveway
shall each use the common driveway as the sole means of access.
(g)Â
Minimum design and construction requirements. The common portion
of the common driveway shall satisfy all of the following requirements:
[1]Â
It shall intersect with a public way.
[2]Â
It shall have corner radii of 25 feet at the point of intersection
with the public way.
[3]Â
It shall satisfy the minimum required stopping distance. The
minimum required stopping sight distance shall be calculated under
the Stopping Sight Distance of the American Association of State Highway
and Transportation Officials, "A Policy on Geometric Design of Highways
and Streets 2001," 4th edition, based on the 85th percentile speed
of the major roadway. The 85th percentile speed shall be determined
from an acceptable engineering speed study with a minimum of 20 speed
observations in each direction.
[4]Â
It shall satisfy the minimum required intersection sight distance.
The minimum required intersection sight distance shall be measured
a minimum of 15 feet from the edge of pavement along the center line
of the proposed roadway. For all calculations, the height of the driver's
eye shall be considered to be 3.75 feet above the road surface and
the height of the object shall be considered to be 0.50 foot above
the road surface in accordance with AASHTO policy.
[5]Â
It shall have a minimum grade of 1% and a maximum grade of 7%.
[6]Â
It shall have a minimum paved width of 16 feet and a maximum
paved width of 18 feet.
[7]Â
It shall be constructed with an initial minimum six-inch gravel
borrow base course, with M.030.1 Type B gravel and 95% compaction;
that shall be followed by a minimum six-inch processed gravel base
course, MI.03.1, 95% compaction; and shall be topped by two courses
of Massachusetts Department of Transportation (DOT) Type 2-1 bituminous
concrete, which shall have a total minimum thickness of three inches
and have a 1/4 inch per foot crown.
[Amended 5-6-2019 ATM,
Art. 30]
[8]Â
It shall have a two-foot-wide gravel shoulder on each side,
consisting of the same twelve-inch gravel base as the driveway.
[9]Â
The two-foot-wide shoulders shall be free of any aboveground
structures, buildings and other obstructions, including, but not limited
to, trees, shrubs, plantings and utility poles. If vegetated, then
the shoulders shall be mowed a minimum of three times per growing
season.
[10]Â
A common driveway shall have permanent signage,
which shall satisfy all of the requirements of the Highway Surveyor
as to size, materials and siting, at the intersection of the common
driveway with the public way, and the signage shall state the name
of the public way and the numbers of the houses that are served by
the common driveway. In addition, the common driveway shall be provided
with signage at each point where it branches off to an individual
driveway. The signage shall list the individual addresses of all of
the properties served by the individual driveway, together with an
arrow indicating the direction of the individual driveway.
[11]Â
The common driveway shall be provided with an easement area of sufficient size to allow for adequate snow storage to serve the common portion of the driveway. This easement area shall be clearly marked and kept free of obstructions during snow season and shall be constructed with a six-inch gravel base, which may be loamed and seeded, provided that the area shall be mowed at least three times per growing season. The required size of the easement area shall be determined by the Building Inspector/Zoning Enforcement Officer under Subsection F(3)(a) and by the Planning Board under Subsection F(3)(b).
[12]Â
The common driveway and all necessary appurtenances,
including utilities, shoulders, signage, turnouts, turnarounds and
snow storage areas, shall be clearly delineated on the engineered
plan and shall be within the easements to be conveyed between and
among the owners of the lots that are to be served by the common driveway.
(h)Â
Engineered plan requirements. The applicant(s) shall provide
an engineered plan, together with the application, that shall satisfy
all of the following criteria and contain all of the following information:
[1]Â
The plan shall be based upon a ground survey.
[2]Â
The plan shall be signed and stamped by a registered land surveyor
and a registered professional engineer.
[3]Â
The plan shall include a North point.
[4]Â
The plan shall include a title block that lists the names and
addresses of all owners of record of the residential lots to be served
by the common driveway and the name, address and telephone number
of the surveyor and engineer.
[5]Â
The Assessing Map reference for the residential lots to be served
by the common driveway.
[6]Â
Existing and proposed boundary lines, dimensions and areas of
the residential lots to be served by the common driveway, with all
bounds keyed into the Massachusetts grid system and at least two boundary
points coordinated with the Massachusetts grid system shown on the
plan, with at least one of the boundary points corresponding to a
physical permanent monument placed on the ground.
[7]Â
Existing lines of streets, ways, driveways and easements on
the subject property, with labels as to whether the ways are private
or public and the purpose of the easements.
[8]Â
The zoning classification for the property and the location
of any zoning district boundary that may lie within the locus.
[9]Â
The plan shall show the proposed location of the common driveway,
the proposed locations of the private driveways off of the common
driveway and the locations of the respective dwellings and all accessory
structures that are to be afforded access via the common driveway.
[10]Â
The plan shall provide cross-section detail that
shows the required gravel and paving specification.
[11]Â
The plan shall show the location of and provide
details for the required signage.
[12]Â
The plan shall show the location, size and type
of mailboxes, if any, that shall be used to serve the residential
lots and they shall be sited together on the left-hand side of the
common driveway, upon entering from the adjacent way, to avoid interfering
with turns into the driveway and shall in all respects conform to
the requirements of the United States Postal Department, which shall
control in the event of a conflict with the bylaw.
[13]Â
The plan shall show the location of any pole,
wall, fence, significant tree or obstruction.
[14]Â
The plan shall show the location of any existing
structure or building located on the residential lots to be served
and the side, rear and front yard setback dimensions, including building
envelopes, for each.
[15]Â
The plan shall include a certification by the
designing engineer that all structures and buildings conform to applicable
zoning requirements.
[16]Â
The plan shall show the location of any structure,
or building, including driveways, walls, and poles within 100 feet
on each side of the layout of the common driveway, at the point at
which it intersects with the public way.
[17]Â
The plan shall include a certification by the
designing engineer that the location of the common driveway provides
for adequate sight distances, using the most recent standards published
by the American Association of State Highway and Transportation Officials,
both for stopping distance and the applicable intersection.
(i)Â
Required documentation. The applicant(s) also shall provide
the following documentation, together with the application:
[1]Â
Easements. Proper draft easements shall be delivered with the
application which provide a permanent right of access to, from and
over the common driveway for all of the owners of the residential
lots to be served by the common driveway. All owners of record and
mortgagees of record shall assent to each such easement and the easements
shall be recorded before any building permit or certificate of occupancy
issues.
[2]Â
Homeowners' association trust requirement. A homeowners' association
trust draft document shall be delivered with the application that
provides for:
[a]Â
Mandatory membership by all owners of the residential
lots to be served by the common driveway;
[b]Â
Operation and maintenance of the common portion
of the common driveway, including snow and ice removal, regular and
extraordinary maintenance and repairs, and maintenance and replacement
of signage and maintenance of the shoulders and sight distances;
[c]Â
Jointly and several liability for all owners for
the cost of the required maintenance and repairs; and
[d]Â
A mechanism for dispute resolution.
[3]Â
Restrictive covenant running to the Town. A restrictive covenant,
running in favor of the Town of Norwell, shall be recorded against
all lots to be served by the common driveway, providing that:
[a]Â
Access to and use of the common driveway shall
be limited to the specific residential lots shown on the plan;
[b]Â
The common driveway shall not be offered for acceptance
as a public way;
[c]Â
Further division prohibited (the lots served by
the common driveway shall not be further divided so as to create any
additional building lots).
(j)Â
Building permit requirements. No building permit for a dwelling
to be served by a common driveway shall issue until:
[1]Â
Common driveway plan approved. The required common driveway
plan has been approved by the Building Inspector/Zoning Enforcement
Officer and, in the case of a special permit driveway, until after
the Planning Board has approved the plan and until after the applicable
appeal period has expired without an appeal having been taken or,
in the case of an appeal, until after the appeal has been terminated
in the applicant's favor;
[2]Â
Easements recorded. The required easements have been properly
executed by all owners and mortgagees of record and then duly recorded
and that evidence of recording has been provided to the Building Inspector/Zoning
Enforcement Officer and, in the case of a special permit driveway,
to the Planning Board; and
[3]Â
Homeowners' association executed and recorded. The required
homeowners' association trust document, duly executed by the necessary
parties, including all owners and mortgagees of record, has been duly
recorded and evidence of recording has been provided to the Building
Inspector/Zoning Enforcement Officer and, in the case of a special
permit driveway, to the Planning Board. The required proof that the
necessary parties have executed the document shall include a letter
from a licensed attorney, indicating the attorney has researched the
title for the affected land and that identifies and certifies the
identity of all owners and mortgages of record for the affected land
that is to be served by the common driveway and that is to be burdened
by the requirements set forth under the homeowners' association trust
document and further certifies that all of said owners and mortgagees
of record have duly assented to the homeowners' association trust
document.
[4]Â
Adequate surety for a driveway that exceeds 100 feet. Adequate
surety shall be posted by the applicant(s) to guarantee completion
of the common portion of the driveway, for any driveway for which
the common portion exceeds 100 feet.
(k)Â
Certificate of occupancy requirements. No certificate of occupancy
for any dwelling to be served by the common driveway shall issue until
the common driveway has been fully constructed in accordance with
the engineered plan to the satisfaction of the Building Inspector/Zoning
Enforcement Officer.
(l)Â
Drainage calculations required for a driveway that exceeds 100
feet. No plan for a driveway that has a common length that exceeds
100 feet shall be approved, unless engineered drainage calculations
are provided to the Planning Board and unless the Planning Board is
satisfied that the plan, based upon peer review, provides sufficient
drainage control measures that will result in no increase in runoff
onto property other than onto one of the lots to be served by the
common driveway. The required surety shall ensure that the drainage
plan be installed.
(m)Â
Snow storage required for a driveway that exceeds 100 feet.
No plan for a driveway, which has a common length that exceeds 100
feet, shall be approved, unless the Planning Board determines that
the plan provides for adequate storage areas for snow.
(n)Â
Turn-out areas required for a driveway that exceeds 100 feet.
No plan for a driveway that has a common length that exceeds 100 feet
shall be approved, unless the Planning Board, after consulting with
the Fire Chief, determines that sufficient turn-out areas are provided
for every 50 feet or a greater number of feet to be determined by
the Planning Board in its discretion, but not to exceed 75 feet, to
allow an oversized pickup truck to pull off the driveway and allow
an emergency vehicle to pass. Such turn-out areas shall be paved and
shall be kept clear of vegetation, snow, parked vehicles and other
obstructions at all times and shall have signage approved by the Highway
Surveyor that indicates: "No Parking" and "This area shall be kept
free of snow, vehicles and all obstructions."
(o)Â
Turnaround area required for a driveway that exceeds 100 feet.
No plan for a driveway that has a common length that exceeds 100 feet
shall be approved unless the Planning Board, after consulting with
the Fire Department, determines that a sufficient turnaround area
is provided at the end of the common driveway to allow emergency vehicles
to turn around. The turnaround shall be an integral part of the common
driveway and constructed and paved accordingly.
(p)Â
Adequate surety required for a driveway that exceeds 100 feet.
The Planning Board shall require that adequate surety be posted to
guarantee satisfactory completion of the common driveway, if the common
portion of the driveway exceeds 100 feet, before the special permit
issues.
(q)Â
The common driveway shall have signage that sets forth the street
numbers. A common driveway shall have a street sign at the intersection
of the common driveway with the public way. The sign shall state the
name of the public way and shall set forth the street numbers of the
dwellings served by the common driveway. All of the dwellings served
shall use the same public way as its legal address and conform to
all 911 requirements. The signage shall be designed and erected in
accordance with the requirements of the Highway Surveyor.
(5)Â
Procedures.
(a)Â
An application for a common driveway permit under Subsection F(3)(a) shall be filed with the Building Inspector/Zoning Enforcement Officer, together with 10 copies of the application and the proposed plan and the required filing fee, which shall be in the amount of $100. A copy of the application and the plan shall be distributed to the Board of Health, Conservation Commission, Fire Chief, Highway Surveyor, Planning Board, Police Chief, and Water Department. The Building Inspector/Zoning Enforcement Officer shall act on the application within 30 days of determining that the application is complete. The Building Inspector/Zoning Enforcement Officer shall notify the applicants, in writing, if he determines that the application is not complete.
(b)Â
An application for a common driveway special permit under Subsection F(3)(b) shall be filed with the Planning Board together with 12 copies of the application and the proposed plan, the required filing fee of $500 and the required review fee established by the Planning Board. A copy of the application shall be distributed to the Board of Health, Building Inspector/Zoning Enforcement Officer, Conservation Commission, Fire Chief, Highway Surveyor, Police Chief, and Water Department. The Planning Board shall notice and hold a public hearing and render its decision in accordance with the requirements set forth under MGL c. 40A, §§ 9 and 11. The Planning Board shall notify the applicants in writing if the application is incomplete and, if the application is determined to still be incomplete 30 days after it is filed, it shall be denied without prejudice.
[5-6-2013 ATM; amended 5-6-2019 ATM, Art. 30]
The following section classifies uses within the Business District
A; "gsf" is gross square feet (including all office and storage areas).
Mixed-use buildings that contain both nonresidential and residential
uses are allowed as indicated in this section. For businesses that
contain two or more of the uses listed below the more restrictive
permit requirement applies. Uses not identified within this section
are prohibited.
A.Â
Residential
uses. Use indicates the maximum number of dwellings allowed on a lot.
(2)Â
Allowed
by special permit:
(a)Â
Multifamily (three dwellings maximum or one dwelling per 15,000 square
feet of lot area to a maximum of six units, whichever is greater,
above nonresidential). The SPGA may impose such additional conditions
as it finds reasonably appropriate to safeguard the neighborhood or
otherwise serve the purpose of this bylaw, including but not limited
to the maximum number of occupants, maximum number of rooms, modification
of driveway or parking spaces to provide adequate off-street parking,
etc.
(b)Â
Assisted living/nursing home.
B.Â
Commercial
uses.
(1)Â
Allowed
by right:
(a)Â
Convenience stores, zero to 5,000 gsf.
(b)Â
Cafes.
(c)Â
Art galleries.
(d)Â
Banks, zero to 5,000 gsf.
(e)Â
Private club, provided that the club is managed and controlled by
the membership and whose chief activity is not a service customarily
carried on as a business. Customary functions of bona fide country
clubs, sportsman clubs, amateur dramatic clubs, social or educational
clubs and the like shall not be prohibited.
(f)Â
Business or professional offices.
(g)Â
Retail sales and services, zero to 5,000 gsf.
(2)Â
Allowed
by special permit:
(a)Â
Pharmacies, zero to 5,000 gsf.
(b)Â
Grocery stores.
(c)Â
Retail sales and services, 5,001 to 12,000 gsf.
(d)Â
Personal services, zero to 5,000 gsf.
(f)Â
Outdoor seating associated with restaurants or cafes subject to applicable
licensing requirements.
(g)Â
Movie house (maximum of two screens).
(h)Â
Liquor stores, zero to 5,000 gsf.
(i)Â
Outdoor markets subject to applicable licensing requirements.
(j)Â
Indoor recreational facilities.
(k)Â
Hotel/inn (10 rooms maximum).
C.Â
[1]
Editor's Note: See also Business District A Use Table included as an attachment to this chapter.
A.Â
Permitted residential uses. Conversion of a dwelling existing on
March 14, 1963, to a two- or three-family dwelling, provided that
such conversion does not substantially change the character or size
of the structure, and provided further that the lot appurtenant to
said dwelling has an area per family unit of at least half that required
for a single-family unit.
B.Â
Permitted community service uses. Educational, religious, agricultural,
horticultural and floricultural uses exempt from zoning prohibition
by MGL c. 40A, § 3.
C.Â
Permitted business uses.
(1)Â
Retail stores, salesrooms or service establishments, the principal
activity of which shall be the offering of goods or services at retail
within an enclosed building structure, and including but not limited
to personal service shops of a barber, hairdresser, manicurist, or
shoe shiner; shops for custom work by a dressmaker, furrier, interior
decorator, milliner or tailor; and shops for custom work by a cabinet
maker, job printer, repairer of household appliances or furnishings,
shoemaker, or upholsterer. However, gasoline service stations and
automobile sales and repair establishments are prohibited.
(2)Â
Business or professional offices or agencies.
(3)Â
Banks or other financial institutions.
(4)Â
Restaurants or other eating places serving food only to persons
seated at tables, or counters, if no mechanical or live entertainment
is regularly furnished unless a permit for such entertainment is granted
yearly by the Select Board.
[Amended 5-9-2022 ATM, Art. 16]
D.Â
Uses allowed by special permit from the Board of Appeals.
(1)Â
Light manufacturing.
(2)Â
Research laboratories.
(3)Â
Wholesale sales and light storage facilities.
(4)Â
Such similar uses as the Board of Appeals may approve.
(5)Â
Conversion to add one accessory dwelling unit to a single-family
dwelling which has been in existence for and not substantially altered
within 24 months or longer at the time of application.
(a)Â
Such special permit shall be granted only if:
[1]Â
The accessory unit will be a part of the main dwelling and the
habitable floor area of the accessory dwelling unit will not be more
than 1/3 that of the main dwelling;
[2]Â
There will be no more than a five-percent increase in the habitable
floor area of the main dwelling;
[3]Â
The owner of the premises will occupy one of the units except
for temporary absences and the other unit will be occupied by one
or more persons directly related to the owner by blood or marriage
or 60 years of age or more;
[4]Â
Exterior alterations will not change the appearance of the main
dwelling as a single-family residence; and
[5]Â
The Board of Health documents to the Board of Appeals that sewage
disposal will be satisfactorily provided for, and that there is an
appropriate reserve area on the site meeting requirements of the Board
of Health rules and regulations and Title 5 of the State Environmental
Code, and having soils suitable for replacement on-site disposal system.
(b)Â
In addition to any applicable conditions specified in this subsection,
the Board of Appeals may impose such additional conditions as it finds
reasonably appropriate to safeguard the neighborhood or otherwise
serve the purpose of this bylaw, including but not limited to the
following:
(c)Â
For purposes of this subsection, an accessory dwelling unit shall
mean one or more rooms with kitchen and bathroom facilities not shared
with any other dwelling unit and located in a main dwelling originally
designated and constructed as a single-family dwelling.
(6)Â
Operation of a business between the hours of 2:00 a.m. and 5:00
a.m.
A.Â
Uses allowed by special permit from the Board of Appeals.
(1)Â
Research laboratories with incidental assembly or test manufacture.
(2)Â
Light manufacturing enterprises.
(3)Â
Building materials salesrooms, utility structures, storage warehouses
and buildings, and wholesale distribution plants.
(4)Â
Printing or publishing establishments, photographic studios,
and medical or dental laboratories.
(5)Â
Business or professional offices or banks, and attorneys' offices
over 5,000 gross square feet.
(6)Â
Restaurants or other places for serving food or alcoholic beverages,
provided all food service is confined within the structure.
(7)Â
Motels.
(8)Â
Theaters contained within a permanent structure, but not outdoor
amusement uses, such as golf driving ranges, go-cart tracks, miniature
golf courses, drive-in theaters, etc.
(9)Â
Salesrooms for automobiles, bicycles, boats, farm implements
and similar equipment, but not automobile junkyards.
(10)Â
Gasoline service stations, garages and repair shops provided
that:
(11)Â
Retail store, nursing home or service establishment, the principal
activity of which shall be the offering of goods or services at retail
within the building, but not mobile home parks or campsites.
(12)Â
Cafeterias for employees, parking areas or garages for use of
employees, customers, or visitors, and other normal accessory uses.
(13)Â
Operation of a business between the hours of 2:00 a.m. and 5:00
a.m.
(14)Â
Medical marijuana treatment center or similar facility.
[5-6-2013 ATM]
(a)Â
Prohibited in Business District C-3.
(b)Â
Any medical marijuana treatment center shall not be located
within 500 feet of any lot with a residence, school or day-care facility.
(c)Â
Hours of operation shall be set by the Board of Appeals.
(d)Â
Special permits shall remain exclusively with the applicant,
who shall be the owner or lessee of the premises described in the
application. The special permit shall terminate automatically on the
date the applicant alienates that title or leasehold interest in the
premises.
(e)Â
Special permit shall be valid for a period of three years from
the date of the decision. It shall be renewed for successive three-year
periods provided that a written request for renewal is made to the
Board of Appeals not less than three months prior to the expiration
of the then-existing three-year period.
[1]Â
Publication of notice of said request shall be
made in the same manner as would be required for an original application
for a special permit. Said notice shall state that the renewal request
will be granted unless, prior to the expiration of the then-existing
permit, a written objection to the renewal, stating reasons, is received
by the Board of Appeals. In the event of such an objection, a hearing
on the renewal shall be held and shall proceed in a manner identical
to the course of proceedings in connection with an original permit
application.
[2]Â
The special permit shall remain in effect until
the conclusion of the public hearing and decision of the Board of
Appeals either granting or denying the special permit renewal. In
granting the renewal, the Board of Appeals may impose additional conditions,
including, without limiting the foregoing, time limits to correct
violations, hours of operation and additional screening, upon which
a specific lapse of time without correction or compliance shall result
in a revocation of the permit.
(15)Â
Marijuana establishments excluding marijuana retailers but including
marijuana cultivators, independent testing laboratories, marijuana
product manufacturers, and craft marijuana cultivator cooperatives
involved in the planting, propagating, cultivation, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging and repackaging, storing, and/or shipping
of marijuana accessories, regardless of medical or adult recreational
uses, provided there shall be no marijuana retailer involved in the
retail sale of recreational adult use marijuana or recreational adult
use marijuana accessories from the premises.
[Added 7-25-2020 STM, Art. 5]