Town of Norwell, MA District Use Regulations

One-family detached dwellings and associated outbuildings, with not more than one such dwelling located on any lot.

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.

Permitted community service uses.

Municipal buildings conforming to area and setback requirements and properly landscape screened.

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.

Cemetery.

Educational and religious uses exempt from zoning prohibition by MGL c. 40A, § 3.

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:

To delinquent criminal, mentally deficient or mentally deranged persons; or

Customarily carried on as a business.

Permitted accessory uses.

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]

Agricultural pursuits (and buildings necessary to such pursuits) in accordance with MGL c. 40A, § 3, as amended.

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]

Service businesses provided that:

The business is conducted by a resident occupant;

The business is conducted principally away from the premises;

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

There is no display of goods visible from the street.

Uses requiring a special permit from the Board of Appeals.

[Amended 5-3-1994 ATM]

The business uses enumerated in Subsection C(1) through (3), inclusive, but not meeting the requirements in Subsection C(1).

Accessory scientific uses (see § 201-20.1).

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.

Accessory dwelling units (ADU).

[Amended 5-9-2022 ATM, Art. 15]

Purposes. ADU units shall be allowed as set forth below for the following purposes.

To encourage housing options for persons of all income levels and all ages;

To allow a single-family homeowner(s) the opportunity to derive rental income to allow the homeowner the financial ability to stay in place;

To allow a single-family homeowner(s) the opportunity to accommodate other family members in an ADU;

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

To maintain the residential character of the lot on which any ADU is located.

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:

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:

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;

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;

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]

The interior ADU shall be restricted to one bedroom;

[e]

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]

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]

At all times, the principal dwelling or the interior ADU shall be owner-occupied;

[h]

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]

No commercial use, except for a permitted home occupation, shall be allowed on a property on which there is an interior ADU.

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:

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;

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.

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]

The detached ADU shall be restricted to one bedroom;

[e]

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]

At all times, the principal dwelling or the detached ADU shall be owner-occupied;

[g]

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]

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]

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]

No commercial use, except for a permitted home occupation, shall be allowed on a property on which there is a detached ADU.

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]

Prohibited home occupations. The following uses shall be prohibited:

[Amended 5-3-1994 ATM; 5-15-2001]

Ambulance service.

Automobile, truck, trailer, small engine or boat repair; automobile, truck, trailer, or boat parts sales, washing or detailing service on site.

Veterinary services, principally at home.

Health salons, gyms and tanning salons.

Restaurants and taverns.

(6)

Junk, salvage or storage yards.

(7)

Tow truck services.

(8)

Laundry, laundromat, and/or dry-cleaning services.

(9)

Photo developing as primary use.

(10)

Sales of firearms and/or ammunition.

(11)

Body art establishments or establishment. See § 201-1.2, Definitions.

(12)

Medical marijuana treatment center or similar facility. See § 201-1.2, Definitions.

[5-6-2013 ATM]

Common driveways.

[5-15-2005 ATM, Art. 17]

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.

Definitions.

COMMON DRIVEWAY

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.

PRIVATE WAY

A private way shall mean any way that is not a common driveway or a public way.

PUBLIC WAY

A public way shall mean a way duly accepted by Town Meeting pursuant to MGL c. 82.

Types of permits.

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]

The common portion of the driveway shall not exceed 100 feet in length;

The common driveway shall not serve more than two residential lots;

The common driveway application and plan shall conform to all of the requirements set forth below under Subsection F(4), Standards and criteria, Subsection F(4)(a) to (k); and

A fee of $100 was duly paid with the application.

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:

The common portion of the driveway shall not exceed 300 feet in length;

The common driveway shall not serve more than three residential lots;

The common driveway application and plan shall conform to all of the requirements set forth below under Subsection F(4), Standards and criteria; and

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.

Standards and criteria for common driveways.

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.

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.

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.

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).

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]

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.

Minimum design and construction requirements. The common portion of the common driveway shall satisfy all of the following requirements:

It shall intersect with a public way.

It shall have corner radii of 25 feet at the point of intersection with the public way.

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.

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.

It shall have a minimum grade of 1% and a maximum grade of 7%.

[6]

It shall have a minimum paved width of 16 feet and a maximum paved width of 18 feet.

[7]

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]

It shall have a two-foot-wide gravel shoulder on each side, consisting of the same twelve-inch gravel base as the driveway.

[9]

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]

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]

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]

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)

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:

The plan shall be based upon a ground survey.

The plan shall be signed and stamped by a registered land surveyor and a registered professional engineer.

The plan shall include a North point.

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.

The Assessing Map reference for the residential lots to be served by the common driveway.

[6]

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]

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]

The zoning classification for the property and the location of any zoning district boundary that may lie within the locus.

[9]

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]

The plan shall provide cross-section detail that shows the required gravel and paving specification.

[11]

The plan shall show the location of and provide details for the required signage.

[12]

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]

The plan shall show the location of any pole, wall, fence, significant tree or obstruction.

[14]

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]

The plan shall include a certification by the designing engineer that all structures and buildings conform to applicable zoning requirements.

[16]

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]

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)

Required documentation. The applicant(s) also shall provide the following documentation, together with the application:

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.

Homeowners' association trust requirement. A homeowners' association trust draft document shall be delivered with the application that provides for:

Mandatory membership by all owners of the residential lots to be served by the common driveway;

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;

Jointly and several liability for all owners for the cost of the required maintenance and repairs; and

[d]

A mechanism for dispute resolution.

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:

Access to and use of the common driveway shall be limited to the specific residential lots shown on the plan;

The common driveway shall not be offered for acceptance as a public way;

Further division prohibited (the lots served by the common driveway shall not be further divided so as to create any additional building lots).

(j)

Building permit requirements. No building permit for a dwelling to be served by a common driveway shall issue until:

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;

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

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.

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)

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)

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)

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)

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)

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)

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)

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.

Procedures.

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.

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.

§ 201-8.2 Business District A. [1]

[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.

Residential uses. Use indicates the maximum number of dwellings allowed on a lot.

Allowed by right:

One-family dwelling with associated outbuildings.

One-family dwelling (above nonresidential).

Two-family dwelling (above nonresidential).

Allowed by special permit:

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.

Assisted living/nursing home.

Not allowed:

Two-family dwelling.

Multifamily.

Commercial uses.

Allowed by right:

Convenience stores, zero to 5,000 gsf.

Cafes.

Art galleries.

Banks, zero to 5,000 gsf.

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.

Business or professional offices.

Retail sales and services, zero to 5,000 gsf.

Allowed by special permit:

Pharmacies, zero to 5,000 gsf.

Grocery stores.

Retail sales and services, 5,001 to 12,000 gsf.

Personal services, zero to 5,000 gsf.

Restaurants (drive-thru service prohibited; see Subsection E, General provisions).

Outdoor seating associated with restaurants or cafes subject to applicable licensing requirements.

Movie house (maximum of two screens).

(h)

Liquor stores, zero to 5,000 gsf.

(i)

Outdoor markets subject to applicable licensing requirements.

(j)

Indoor recreational facilities.

(k)

Hotel/inn (10 rooms maximum).

Not allowed:

Convenience stores over 5,000 gsf.

Pharmacies over 5,000 gsf.

Banks over 5,000 gsf.

Personal services over 5,000 gsf.

Liquor stores over 5,000 gsf.

Body art establishment.

Motel.

(h)

Gasoline and service stations.

(i)

Automobile sales and repair.

Community service uses.

Allowed by right:

Municipal buildings.

Cemetery.

Protected uses under MGL c. 40A, § 3.

Other institutional, educational, recreational, philanthropic or religious use, provided that such building or use:

Is not a business undertaking;

Is not one where the chief activity is to service delinquent, criminal, or mentally ill persons; or

Is not customarily carried on as a business.

Allowed by special permit:

Public utility buildings.

Not allowed:

Medical marijuana treatment center or similar facility.

Accessory uses/home occupations. Provided the use is conducted by a person residing at the premises and the use is not injurious or offensive to the neighborhood because of the emission of odors, fumes, dust, noise, smoke, vibrations or other causes.

Allowed by right:

Insurance services.

Real estate.

Artist/craft manufacturing.

Hair dressing.

Mail order.

Service business. The business shall be conducted principally away from the premises.

Bed-and-breakfast inn (four lodgers maximum).

Allowed by special permit:

Other.

General provisions.

Allowed by special permit:

Operation of a business between the hours of 2:00 a.m. and 5:00 a.m.

Not allowed:

Drive-thru windows associated with any use.

Drive-up ATMs associated with any use.

Outdoor storage (excludes short-term retail display).

Editor's Note: See also Business District A Use Table included as an attachment to this chapter.

§ 201-8.3 Business District B.

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.

Permitted community service uses. Educational, religious, agricultural, horticultural and floricultural uses exempt from zoning prohibition by MGL c. 40A, § 3.

Permitted business uses.

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.

Business or professional offices or agencies.

Banks or other financial institutions.

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]

Uses allowed by special permit from the Board of Appeals.

Light manufacturing.

Research laboratories.

Wholesale sales and light storage facilities.

Such similar uses as the Board of Appeals may approve.

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.

Such special permit shall be granted only if:

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;

There will be no more than a five-percent increase in the habitable floor area of the main dwelling;

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;

Exterior alterations will not change the appearance of the main dwelling as a single-family residence; and

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.

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:

Maximum number of occupants.

Maximum number of rooms.

Modification of driveway or parking spaces to provide adequate off-street parking.

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)

Operation of a business between the hours of 2:00 a.m. and 5:00 a.m.

(7)

Body art establishments (see § 201-1.2, Definitions), provided that no body art establishment shall be located within 300 feet of a place of worship, school or day-care center.

[5-15-2001 ATM]

Prohibited uses in Business District B.

[5-6-2013 ATM]

Medical marijuana treatment center or similar facility.

§ 201-8.4 Business District C.

Uses allowed by special permit from the Board of Appeals.

Research laboratories with incidental assembly or test manufacture.

Light manufacturing enterprises.

Building materials salesrooms, utility structures, storage warehouses and buildings, and wholesale distribution plants.

Printing or publishing establishments, photographic studios, and medical or dental laboratories.

Business or professional offices or banks, and attorneys' offices over 5,000 gross square feet.

(6)

Restaurants or other places for serving food or alcoholic beverages, provided all food service is confined within the structure.

(7)

Motels.

(8)

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)

Salesrooms for automobiles, bicycles, boats, farm implements and similar equipment, but not automobile junkyards.

(10)

Gasoline service stations, garages and repair shops provided that:

Repairs shall be limited to minor repairs and adjustments unless conducted in a building.

There shall be no storage of motor vehicles, appliances and equipment on the premises other than those in process of repair or awaiting delivery.

(11)

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)

Cafeterias for employees, parking areas or garages for use of employees, customers, or visitors, and other normal accessory uses.

(13)

Operation of a business between the hours of 2:00 a.m. and 5:00 a.m.

(14)

Medical marijuana treatment center or similar facility.

[5-6-2013 ATM]

Prohibited in Business District C-3.

Any medical marijuana treatment center shall not be located within 500 feet of any lot with a residence, school or day-care facility.

Hours of operation shall be set by the Board of Appeals.

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.

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.

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.

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)

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]

Permitted uses.

Educational or religious uses exempt from zoning prohibition by MGL c. 40A, § 3.

Agricultural, horticultural and floricultural uses.