Town of Swansea, MA Article IV Principal and Accessory Uses

§ 265-4.0 Table of Principal and Accessory Uses.

A. Only those uses listed in the Table of Principal and Accessory Uses are allowed in the Town of Swansea.

B. Table of Principal and Accessory Uses — The Table of Principal and Accessory Uses designates which principal and accessory land uses are allowed in each zoning district.

C. Each use category listed on the left-hand column of the table corresponds to one of the use definitions found in § 265-4.1.

D. No land, structure or building shall be used except for the purposes permitted in the district as set forth in this section unless otherwise permitted in this bylaw.

E. Except where otherwise specifically and expressly provided in the Zoning Bylaw, in all districts only one principal use is authorized per lot. An accessory use is a use which is subordinate to and customarily associated with the principal use and is located on the same lot as the principal building or use.

[Amended 11-18-2019 STM by Art. 1]

F. A use is permitted by right in any district under which it is denoted by the letter Y. A use is prohibited in any district under which it is denoted by the letter N.

G. A use denoted by SP/ZBA may be permitted by a special permit by the Zoning Board of Appeals. A use denoted by SP/PB may be permitted by a special permit by the Planning Board. A use denoted by SP/PB/ZBA may be permitted by a special permit by either the Planning Board or the Zoning Board of Appeals, depending upon specific circumstances as detailed in the provisions of the Zoning Bylaw relative to that use.

[Amended 6-14-2021 ATM by Art. 43]

H. If a use might be classified under more than one definition, the more specific definition shall determine whether the use is permitted. If the use might be classified under equally specific definitions, it shall not be permitted unless both principal uses are permitted in the zone.

I. Even if otherwise permitted, all uses that, in the opinion of the Building Inspector and Zoning Enforcement Officer, pose a present or potential hazard to human health, safety, welfare or the environment through the emission of smoke, particulate matter, noise or vibration, or through fire or explosive hazard, are expressly prohibited in all zoning districts.

TABLE OF PRINCIPAL AND ACCESSORY USES
			RR	BA	BB	M
Principal Use
A.	Residential Uses
	1.	Single-family dwelling	Y	Y	N	N
	2.	Accessory apartment	SP/ZBA	SP/ZBA	N	N
	3.	Assisted living facility	SP/ZBA	SP/ZBA	SP/ZBA	N
	4.	Lodging house	N	SP/ZBA	SP/ZBA	N
	5.	Nursing or convalescent home	SP/ZBA	SP/ZBA	SP/ZBA	N
B.	Exempt and Institutional Uses
	1.	Use of land or structures for religious purposes	Y	Y	Y	Y
	2.	Use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic, or by a religious sect or denomination, or by a nonprofit educational corporation	Y	Y	Y	Y
	3.	Family day care home	Y	SP/ZBA	N	N
	4.	Adult day care facility	SP/ZBA	SP/ZBA	Y	N
	5.	Child care facility	Y	Y	Y	Y
	6.	Use of land for the primary purpose of agriculture, horticulture, floriculture or viticulture	Y	Y	Y	Y
	7.	Municipal facilities	Y	Y	Y	Y
	8.	Hospital	SP/ZBA	N	Y	N
	9.	Cemetery	N	N	Y	N
	10.	Library	N	N	Y	N
C.	Commercial Uses
	1.	Animal clinic or hospital	N	Y	Y	Y
	2.	Kennel on parcel of less than 3 acres	SP/ZBA	SP/ZBA	SP/ZBA	SP/ZBA
	3.	Kennel on parcel of 3 acres or more	Y	Y	Y	Y
	4.	Private club, non-profit	SP/ZBA	SP/ZBA	Y	N
	5.	Funeral home	SP/ZBA	SP/ZBA	Y	N
	6.	Motel or hotel	N	SP/ZBA	Y	N
	7.	Retail stores and sales	N	Y	Y	N
	8.	Neighborhood store	SP/ZBA	Y	Y	N
	9.	Motor vehicle sales and rental	N	N	Y	N
	10.	Motor vehicle repair or body shop	N	SP/ZBA	Y	Y
	11.	Motor vehicle light service	N	SP/ZBA	Y	Y
	12.	Restaurant	N	Y	Y	Y
	13.	Office (Business, professional or medical)	N	Y	Y	Y
	14.	Bank, financial services company	N	Y	Y	N
	15.	Indoor commercial recreation	N	SP/ZBA	Y	SP/ZBA
	16.	Outdoor commercial recreation	N	N	Y	N
	17.	Golf course or country club	SP/ZBA	N	N	N
	18.	Mixed-Use Building	N	Y	N	N
	19.	General service establishment	N	Y	Y	N
	20.	Theme park	N	N	SP/ZBA	N
	21.	Campground	N	N	SP/ZBA	N
	22.	Radio/TV studio	N	N	SP/ZBA	N
	23.	Riding Stable	SP/ZBA	N	N	N
	24.	Tattoo Parlor	N	SP/ZBA	SP/ZBA	SP/ZBA
	25.	Theater/cinema	N	SP/ZBA	SP/ZBA	N
	26.	Museum	N	SP/ZBA	SP/ZBA	N
	27.	Shopping Center	N	N	Y	N
	28.	Marijuana Establishments	N	N	N	SP/ZBA
D.	Industrial Uses
	1.	Earth removal	SP/PB	SP/PB	SP/PB	SP/PB
	2.	Light manufacturing	N	N	Y	Y
	3.	General Manufacturing	N	N	SP/ZBA	Y
	4.	Warehouse, self-storage mini-warehouse or distribution facility	N	Y	Y	Y
	5.	Contractor's yard	N	SP/ZBA	SP/ZBA	SP/ZBA
E.	Other Uses
	1.	Commercial indoor parking	N	SP/ZBA	SP/ZBA	SP/ZBA
	2.	Commercial outdoor parking	N	Y	SP/ZBA	Y
	3.	Drive-in or drive-through facilities	N	SP/PB	SP/PB	SP/PB
	4.	Adult entertainment, including live entertainment, book store, video store, paraphernalia or cinema	N	N	N	SP/ZBA
Accessory Use
A.	Accessory Uses
	1.	Roadside stands for the sale of farm or garden produce raised on the premises or on other land controlled by the occupant	Y	Y	Y	N
	2.	Roadside stands for the sale of farm or garden produce of off-premise origin from land not controlled by the occupant	SP/ZBA	Y	Y	Y
	3.	Home Occupation	Y	SP/ZBA	SP/ZBA	SP/ZBA
	4.	Parking of Commercial Motor Vehicles	N	Y	Y	Y
	5.	Contractor's or Landscaping Yard	N	Y	Y	Y
	6.	Office uses and food services where such use or service is primarily for the employees at the principal use	N	Y	Y	Y
	7.	Common driveway	SP/PB/ZBA	SP/PB/ZBA	SP/PB/ZBA	SP/PB/ZBA

§ 265-4.1 Use definitions.

A. Residential Uses

SINGLE FAMILY DWELLING

A building containing one dwelling unit and surrounded by open space on all sides. A dwelling unit is a room or group of rooms forming a habitable unit for one family, with facilities which are used or intended to be used for living, sleeping, cooking and eating.

ACCESSORY APARTMENT

A separate, self-contained dwelling unit, incorporated within a single-family dwelling, and not within an accessory structure, complete with its own cooking and sanitary facilities, having not more than one bedroom. Additions, renovations and all construction involved with the creation of an accessory apartment shall meet the requirements of the current edition of the Massachusetts Building Code as it pertains to two-family structures.

ASSISTED LIVING FACILITY

Assisted living facilities provide supervision or assistance with activities of daily living; coordination of services by outside health care providers; and monitoring of residents to help to ensure their health, safety, and well-being. Assistance may include the administration or supervision of medication or personal care services provided by a trained staff person.

LODGING HOUSE

Any building containing four or more guest rooms intended to be used, rented or hired out by for sleeping purposes by guests, other than temporary, personal guests of a family in a dwelling unit.

MULTIFAMILY RESIDENTIAL DEVELOPMENT

A development consisting of one or more multi-dwelling unit residential buildings. Dwelling units in such buildings shall be accessed by interior common hallways. Such buildings may include management offices and integrated podium parking. Recreational facilities may not be included in any such development, whether as part of a residential building or as a separate facility appurtenant thereto.

[Added 11-18-2019 STM by Art. 1]

NURSING OR CONVALESCENT HOME

An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care.

B. Exempt and Institutional Uses

RELIGIOUS PURPOSES

Use of land, buildings or structures for religious purposes by a religious sect or denomination, such as a church, synagogue, mosque or other place of worship.

EDUCATIONAL PURPOSES

Use of land, buildings and structures for providing learning in a general range of subjects on land owned or leased by the Commonwealth or any of its agencies, subdivisions or bodies politic; or by a religious sect or denomination; or by a nonprofit educational entity or a nonprofit day care center.

KINDERGARTEN, CHILD CARE FACILITY

A facility defined as such in MGL c. 28A, § 9.[1]

FAMILY DAY CARE HOME

A facility defined as such in MGL c. 28A, § 9.[2]

ADULT DAY CARE FACILITY

Adult day care programs provide residential placement, health and social supports to elderly and disabled clients who are at risk of becoming institutionalized.

CHILD CARE FACILITY

A facility defined as such in MGL c. 28A, § 9.[3]

AGRICULTURE, HORTICULTURE, FLORICULTURE, OR VITICULTURE

Use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture as defined in MGL c. 40A, § 3.

MUNICIPAL FACILITIES

Use of land, buildings and structures by the Town of Swansea.

HOSPITAL

An institution rendering medical, surgical or convalescent care.

CEMETERY

Public or private facility set aside for graves or tombs, including associated structures.

LIBRARY

Public or private facility containing materials intended for reading, study or reference.

[1] Editor's Note: This statute was repealed in 2008. See now MGL c. 15D, § 1A.

[2] Editor's Note: This statute was repealed in 2008. See now MGL c. 15D, § 1A.

[3] Editor's Note: This statute was repealed in 2008. See now MGL c. 15D, § 1A.

C. Commercial Uses

ANIMAL CLINIC OR HOSPITAL

A facility where animals are given medical or surgical treatment and where boarding of animals is limited to short term care incidental to the medical or surgical treatment.

KENNEL

A facility where dogs are housed temporarily for a fee or a facility where dogs are bred for commercial sale.

PRIVATE CLUB, NON-PROFIT

A facility used by a non-commercial organization which is characterized by formal written membership requirements.

FUNERAL HOME

Undertaking or funeral establishment.

MOTEL OR HOTEL

A facility offering transient lodging accommodations to the general public, which may provide additional services such as restaurants, meeting rooms and recreation facilities.

RETAIL STORE AND SALES

An establishment engaged in displaying and selling goods or merchandise within a building to the general public or to business establishments, which goods or merchandise are not intended for resale; except that a garden center, florist or commercial greenhouse may have open air display of horticultural products.

NEIGHBORHOOD STORE

MARIJUANA ESTABLISHMENTS

Marijuana establishments shall include licensed marijuana establishments as defined in MGL c. 94G, § 1, and other applicable law, which include a marijuana cultivator, craft marijuana cooperative, marijuana testing laboratory, marijuana product manufacturer, marijuana retailer, (store-front or delivery only), marijuana social consumption establishment (primary or mixed use), marijuana transporter (third party or existing licensee), marijuana micro-business or any other type of licensed marijuana-related business, as well as registered medical marijuana dispensaries and medical marijuana treatment centers as those terms are defined herein and in 105 CMR 725.004.[4]

MOTOR VEHICLE SALES AND RENTAL

Salesroom and related facilities, including, but not limited to open air display, for the sale or rental of automobiles, motorcycles, recreational vehicles and similar vehicles, boats or light industrial or farm equipment.

MOTOR VEHICLE REPAIR OR BODY SHOP

Establishment where the principal service is the repair of automobiles, similar light motor vehicles or farm implements, provided that all major maintenance and servicing of vehicles shall be conducted entirely within a building.

MOTOR VEHICLE LIGHT SERVICE

Facility for outdoor sale of motor vehicle fuels, related products, and services provided that all major maintenance, servicing and/or washing of vehicles shall be conducted entirely within a building.

RESTAURANT

Establishment where food and beverages are sold within a building to customers for consumption:

(1) At a table or counter, or

(2) On a patio enclosed on all sides with entrance to the patio normally available only from the building, or

(3) Off the premises as carry-out orders, except that drive-up service shall not be allowed, or

(4) Any combination of the above.

BANK OR FINANCIAL SERVICES COMPANY

Bank, loan agency or similar facility.

INDOOR COMMERCIAL RECREATION

Indoor facilities, operated as a business and open to the public for a fee, such as a gymnasium or facilities for ice skating, roller skating, racquet sports, bowling, horseback riding, swimming, baseball batting cages or golf driving range.

OUTDOOR COMMERCIAL RECREATION

Country Club, Golf Course, Camp Grounds, Outdoor Recreation Areas A parcel of land used primarily for the purpose of paid outdoor recreational activities.

GENERAL SERVICES ESTABLISHMENT

Establishments providing services to the general public, such as equipment rental and leasing, building cleaning, photocopying, telephone answering, word processing or secretarial services, computer service bureaus, facilities for dancing, martial arts or music instruction, facilities for repair of appliances, office equipment, bicycles, lawnmowers, or similar equipment, and food catering facilities.

THEME PARK

A permanent family entertainment park designed to be a tourist attraction.

RADIO/TV STUDIO

Any building or facility utilized primarily for the installation and operation of equipment for the generating and/or detection of radio or television signals and which is accessory to a communications structure.

RIDING STABLE

TATTOO PARLOR

SHOPPING CENTER

A multi-store complex, either in one enclosed mall or independent structures, but identified as a single site, used for retail stores and sales which may also include restaurants or food courts, business or professional offices, financial services, personal service facilities, parking lots, decks and garages, kiosks and other structures, uses and facilities now or hereafter associated with shopping centers.

BARBER OR BEAUTY SHOP, LAUNDRY OR DRY CLEANING SHOP, SHOE REPAIR SHOP, SELF-SERVICE DRY-CLEANING OR LAUNDRY

REFRESHMENT STAND, DRIVE-IN

A licensed food service establishment where food & beverages are served from a walk-up take-out window, or are delivered by restaurant employees to customers in their vehicles. This category does not include restaurants with a drive-through window.

AMUSEMENT FACILITY

Indoor facilities open to the public for a fee or admission charge, such as a theater, cinema, bowling alley, or video arcade.

BUILDING TRADE SHOP

An establishment for use by the practitioner of a building trade, such as a carpenter, welder, plumber, electrician, builder, mason or similar occupation.

PROFESSIONAL OFFICE

An office primarily devoted to professional activities. Professional offices may be allowed as accessory uses by residents of the principal dwelling in Rural and Residential zones as a matter of right.

(1) Such offices shall include, but are not limited to, those used by the following professions:

(a) Doctors

(b) Dentists

(c) Nurses

(d) Lawyers

(e) Architects

(f) Engineers

(g) Accountants

(h) Financial Planners

(i) Designers

(j) Realtors and real estate brokers

(k) Clergy

(l) Psychologists

(m) Social workers

(n) Insurance brokers

(o) Teachers

(p) Business consultants

(2) Other professions may be allowed by the Building Inspector and Zoning Enforcement Officer, if, in his or her opinion, the practitioner has the appropriate professional education, is bound by a code of ethics and principles in practice by a professional organization to which he or she is a member and is professionally licensed.

(3) Where the professional office is allowed, such use shall include the use of all equipment, facilities and assisting personnel reasonably necessary for the practice of the profession involved. Retail sales and in-house storage of materials are prohibited.

(4) Additional parking spaces must be provided for each non-resident employee and the largest number of clients who would regularly visit the offices. The Building Inspector and Zoning Enforcement Officer may, at his or her discretion, require that appropriate screening of additional parking spaces be provided.

MEDICAL OR DENTAL LABORATORY

A facility for medical or dental testing, processing or research.

MEDICAL OR DENTAL CENTER

A facility for three or more medical or dental professionals.

AUCTION GALLERY

Facility offering goods for sale at auction to the general public.

SHOP OF A POTTER, CERAMIST, SCULPTOR, SILVERSMITH, OR OTHER ARTISAN

BUSINESS SERVICES

An establishment that provides services relating to the conduct of business, including secretarial, bookkeeping, technical, or similar services.

MALL

A development which upon completion will be more than 20,000 square feet gross interior floor area and which includes more than one of the following: retail sales, financial services, restaurants, professional services, general services, commercial recreation, and/or amusement facilities.

MULTIPLE BUSINESS USE

A structure or lot containing two or more principal uses.

MULTIPLE OFFICE BUILDING

Consists of a building which includes offices for one or more of the following:

(1) Professional Office

(2) Business Services

(3) Financial Services

[4] Editor's Note: See now 935 CMR 500.002.

D. Industrial Uses

EARTH REMOVAL

The removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within four feet of historical high groundwater as determined from monitoring wells and historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads or utility works.

LIGHT MANUFACTURING

The process of converting raw unfinished materials or products into articles or substances of a different character or for a different purpose.

GENERAL MANUFACTURING

Asphalt, block, concrete or fertilizer plants; monument works, paper or pulp mill, refinery, rendering or smelting plants, slaughterhouses.

WAREHOUSE, SELF-STORAGE MINI-WAREHOUSE OR DISTRIBUTION FACILITY

Facilities for the enclosed storage and/or distribution of goods and materials where the wholesale of goods and materials is permitted, provided it is an incidental use or an enclosed facility containing separate storage spaces, no larger than 400 square feet each, leased or rented on an individual basis.

JUNKYARD OR AUTOMOBILE GRAVEYARD/AUTOMOTIVE SALVAGE YARD

Any lot upon which there are stored inoperable vehicles for principal use as salvage, parts, etc.

CONTRACTOR'S YARD

Facility or area for storage, open or enclosed, of construction equipment or materials.

E. Other Uses

COMMERCIAL PARKING FACILITY (INDOOR OR OUTDOOR)

Commercial parking open to the public for automobiles and similar light motor vehicles.

DRIVE-IN OR DRIVE-THROUGH FACILITIES

ADULT ENTERTAINMENT, INCLUDING LIVE ENTERTAINMENT, BOOK STORE, VIDEO STORE, PARAPHERNALIA OR CINEMA

Defined as follows:

(1) LIVE ENTERTAINMENT Any establishment which displays live entertainment which is distinguished or characterized by its emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

(2) ADULT BOOKSTORE Any establishment having as a substantial or significant portion of its stock in trade, books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

(3) ADULT VIDEO STORE Any establishment having as a substantial or significant portion of its stock in trade, videos, movies or other film material which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

(4) ADULT PARAPHERNALIA STORE Any establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

(5) ADULT MOTION PICTURE THEATER Any enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

F. Accessory uses — Accessory uses are those subordinate to and customarily associated with a principal use and are located on the same lot as the principal use unless otherwise noted.

ROADSIDE STANDS

HOME OCCUPATIONS

A Home Occupation is defined as any use customarily conducted in a dwelling and includes, but is not limited to, the following:

(1) Artist

(2) Photographer

(3) Insurance or real estate agent

(4) Dressmaker

(5) Tailor

(6) Caterer

(7) Teacher or tutor of not more than four students

(8) Beautician

(9) Office of a builder, plumber, electrician or other building trades contractor

MINOR HOME OCCUPATION

Any use customarily conducted for profit by the inhabitants of a dwelling may be undertaken in Rural & Residential districts as a matter of right, provided such use is clearly incidental and secondary to the use of the building as a residence and provided that the use does not change the residential character of the building. Such a use shall be deemed incidental and secondary if it does not meet the definition of Major Home Occupation.

MAJOR HOME OCCUPATION

(1) Any use customarily conducted for profit by the inhabitants of a dwelling may be undertaken in Rural & Residential districts only with a special permit from the Zoning Board of Appeals if it exhibits one or more of the following characteristics:

(a) More than one non-resident employee works on the premises at any given time

(b) Outdoor storage of materials or equipment

(c) Outdoor parking of more than one commercial vehicle or any commercial vehicle exceeding a gross weight 10,000 pounds.

(d) Occupies more than 25% of the floor area of the dwelling

(e) Occupies more than 500 square feet of floor space in accessory buildings

(f) Regularly serves more than three customers or clients on the premises at any one time.

(2) Additional parking spaces must be provided for each non-resident employee and the largest number of clients who would regularly visit the premises. The Building Inspector and Zoning Enforcement Officer may, at his or her discretion, require that appropriate screening of additional parking spaces and outdoor storage be provided.

(3) The Zoning Board of Appeals shall have the authority to limit the hours of operation of a Major Home Occupation.

(4) Retail sales and in-house storage of materials are prohibited.

PERSONAL WIRELESS SERVICE FACILITY

"Personal Wireless Service Facility" shall mean transmitters, structures, (including but not limited to freestanding towers) and other types of installations, including but not limited to antennae and accessory structures used for the provision of wireless services, as defined in the 1996 Telecommunications Act, 47 USC 332(c)(7),[5] but excluding equipment and antenna structures owned and used exclusively by a federally licensed amateur radio operator.

COMMON DRIVEWAYS

[Amended 6-14-2021 ATM by Art. 43]

(1) Common driveways are allowed only by special permit. The Planning Board shall be the Special Permit Granting Authority whenever the common driveway would be part of a development for which a special permit is also being sought for hammerhead lot creation pursuant to § 265-5.2B, whenever the common driveway would be part of a development for which site plan review is required pursuant to § 265-9.1, and whenever the common driveway would be part of a development for which the approval of a definitive plan is required under the Subdivision Control Law. In all other instances, the Special Permit Granting Authority shall be the Zoning Board of Appeals. In its discretion, the Special Permit Granting Authority may only allow a common driveway when it determines that the following conditions have been met:

(a) No more than two lots may be accessed by a common driveway.

(b) Common driveways shall not be considered public ways and shall not provide lot frontage.

(c) Common driveways must provide access only over the approved legal frontage of at least one of the lots.

(d) Common driveways may not be longer than 500 feet.

(e) In areas served by fire hydrants, houses served by common driveways shall not be more than 1,000 feet from the nearest hydrant.

(f) Street addresses for all dwelling units served by a common driveway shall be posted at the intersection of the common driveway and the roadway and at the intersection of the common driveway and each individual driveway.

(g) Whenever a common driveway travels at least 150 feet from a public or private way to a dwelling, then the common driveway must be at least 20 feet wide along its entire length and provide.

(h) Common driveways shall be constructed so as to provide an adequate turnaround and hold and withstand the imposed load of the largest fire apparatus in service (or purchased and intended for service) with the Town at the time of the special permit application, as determined by the Fire Chief.

(i) It has been demonstrated to the satisfaction of the Special Permit Granting Authority that each lot that will be accessed by the common driveway is otherwise capable of being served by an individual driveway that could be built in compliance with all local and state requirements and standards for the same, including, without limitation, with respect to zoning, wetlands and stormwater.

(2) The Special Permit Granting Authority may also place conditions on its approval of common driveways regarding their width, slope, construction materials, drainage and sight lines from the intersection of the driveway with the roadway.

[5] Editor's Note: See 47 U.S.C. § 332(c)(7)(C).

G. Commercial and industrial uses.

LUMBER YARD

A facility for the open or enclosed storage and sales of building materials.

HEATING FUEL SALES AND SERVICE

A facility for the storage and retail sale of heating fuels and the sales and service of heating equipment where the storage of heating fuel in containers is permitted provided such storage is incidental to the retail sale of heating fuel.

HEAVY VEHICULAR SALES OR REPAIR GARAGE

Salesroom and related facilities, including, but not limited to open air display of trucks, buses, construction and industrial equipment; establishments for the repair of trucks, buses, construction and industrial equipment, provided that all major repairs shall be conducted within a building.

RESEARCH OR TESTING FACILITY

A facility for the testing of materials, research and development.

PUBLISHING, DATA PROCESSING AND COMPUTER SOFTWARE AND MANUFACTURING INCLUDING ASSOCIATED OFFICES AND DISTRIBUTION FACILITIES

PRINTING, PACKAGING, ASSEMBLING AND ALLIED USES

RADIOACTIVE WASTE DISPOSAL

Any waste disposal as defined by MGL c. 21D, § 2.

STORAGE

Non-municipal dump, salvage materials yard, including non-operable motor vehicles, tank farm, open or outdoor storage..

AMUSEMENT

Amusement park, outdoor cinema, stadium or coliseum.

H. Prohibited Uses. In addition to the uses listed below, all uses that pose a present or potential hazard to human health, safety, welfare, or the environment through the emission of smoke, particulate matter, noise or vibration, or through fire or explosive hazard or glare are expressly prohibited in all zoning districts.

(1) The construction of more than one dwelling or principal use structure on a single lot is expressly prohibited.

(2) Trailer camps, mobile home sales, truck stops, billboards and all open air storage of junk, including inoperable automobiles and all uses which are excessively obnoxious or injurious to their neighborhood or to all property in the vicinity are expressly prohibited in all zoning districts in the Town.

(3) There will be no overnight parking of trailer trucks, trailer boxes, cabs, tractors or parts thereof.

§ 265-4.2 Permitted uses.

A. Rural Residential District.

(1) The following uses are authorized in a Rural Residential District as a matter of right:

(a) Single-family dwelling, not to exceed 2 1/2 stories with attached or detached private garage.

(b) Use of land or structures for religious purposes.

(c) Use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic, or by a religious sect or denomination, or by a nonprofit educational corporation.

(d) Family day care home.

(e) Child care facility.

(f) Use of land for the primary purpose of agriculture, horticulture, floriculture or viticulture.

(g) Municipal facilities.

(h) Kennel on parcel of three acres or more.

(i) Roadside stands for the sale of farm or garden produce raised on the premises or on other land controlled by the occupant.

(j) Customary home occupations.

(2) The following uses are authorized in a Rural Residential District only under a special permit issued by the Swansea Zoning Board of Appeals or the Swansea Planning Board after a public hearing, of which due notice has been given, subject to revocation if carried on in a manner detrimental to the health or well-being of the neighborhood:

(a) Accessory apartment — see § 265-4.3 below

(b) Assisted living facility

(c) Nursing or convalescent home

(d) Adult day care facility

(e) Hospital

(f) Kennel on parcel of less than three acres

(g) Private club, non-profit

(h) Neighborhood store

(i) Golf course; country club

(j) Riding Stable

(k) Earth removal

(l) Roadside stands for the sale of farm or garden produce of off-premise origin from land not controlled by the occupant

(m) Common driveways

(n) Open Space Residential Design subdivision. See § 265-4.4.

B. Business A District.

(1) The following uses are authorized as a matter of right in a Business A District:

(a) Use of land or structures for religious purposes

(b) Use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic, or by a religious sect or denomination, or by a nonprofit educational corporation

(c) Child care facility

(d) Use of land for the primary purpose of agriculture, horticulture, floriculture or viticulture

(e) Municipal facilities

(f) Kennel on parcel of three acres or more

(g) Retail stores and services

(h) Neighborhood store

(i) Restaurant

(j) Wholesale manufacturing

(k) Commercial outdoor parking

(l) Roadside stands for the sale of farm or garden produce raised on the premises or on other land controlled by the occupant

(m) Roadside stands for the sale of farm or garden produce of off-premise origin from land not controlled by the occupant

(n) Parking of Commercial Motor Vehicles

(o) Contractor's or Landscaping Yard

(p) Office uses and food services where such use or service is primarily for the employees at the principal use

(2) The following uses are authorized in a Business A District only under a special permit issued by the Swansea Zoning Board of Appeals or the Swansea Planning Board after a public hearing, of which due notice has been given, provided adequate off-street parking is supplied and subject to revocation if carried on in a manner detrimental to the health or well-being of the neighborhood:

(a) Assisted living facility

(b) Lodging house

(c) Kennel on parcel of less than three acres

(d) Private club, non-profit

(e) Motel or hotel

(f) Motor vehicle general and body repair

(g) Motor vehicle light service

(h) Business or professional office, including medical

(i) Indoor commercial recreation

(j) Tattoo Parlor

(k) Earth removal

(l) Contractor's yard

(m) Commercial indoor parking

(n) Drive-in or Drive-through facilities

(o) Common driveways

C. Business B District.

(1) The following uses are authorized as a matter of right in a Business B District:

(a) Use of land or structures for religious purposes

(b) Use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic, or by a religious sect or denomination, or by a nonprofit educational corporation

(c) Adult Day Care facility

(d) Child care facility

(e) Use of land for the primary purpose of agriculture, horticulture, floriculture or viticulture

(f) Municipal facilities

(g) Hospital

(h) Cemetery

(i) Place of public assembly

(j) Animal clinic or hospital

(k) Kennel on parcel of three acres or more

(l) Private club, non-profit

(m) Funeral home

(n) Motel or hotel

(o) Retail stores and services, including malls and shopping centers

(p) Neighborhood store

(q) Motor vehicle sales and/or rental

(r) Motor vehicle general services and body repair

(s) Motor vehicle light service/car wash

(t) Restaurant

(u) Business or professional office, including medical

(v) Bank, financial services company

(w) Indoor commercial recreation

(x) Outdoor commercial recreation

(y) Personal service establishment

(z) General service establishment

(aa) Wholesale sales

(bb) Gasoline station

(cc) Multiple business use facility

(dd) Roadside stands for the sale of farm or garden produce raised on the premises or on other land controlled by the occupant

(ee) Roadside stands for the sale of farm or garden produce of off-premise origin from land not controlled by the occupant

(ff) Parking of Commercial Motor Vehicles

(gg) Landscaping Yard

(hh) Office uses and food services where such use or service is primarily for the employees at the principal use

(2) The following uses are authorized in a Business B District only under a special permit issued by the Swansea Zoning Board of Appeals or the Swansea Planning Board after a public hearing, of which due notice has been given, provided adequate off-street parking is supplied and subject to revocation if carried on in a manner detrimental to the health or well-being of the neighborhood:

(a) Assisted living facility

(b) Lodging house

(c) Nursing or convalescent home

(d) Kennel on parcel of less than three acres

(e) Tattoo Parlor

(f) Earth removal

(g) Manufacturing

(h) Contractor's yard

(i) Commercial indoor parking

(j) Commercial outdoor parking

(k) Drive-in or Drive-through facilities

(l) Common driveways

D. Manufacturing District.

(1) The following uses are authorized as a matter of right in a Manufacturing District:

(a) Use of land or structures for religious purposes

(b) Use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic, or by a religious sect or denomination, or by a nonprofit educational corporation

(c) Child care facility

(d) Use of land for the primary purpose of agriculture, horticulture, floriculture or viticulture

(e) Municipal facilities

(f) Animal clinic or hospital

(g) Kennel on parcel of three acres or more

(h) Motor vehicle repair or body shop

(i) Motor vehicle light service

(j) Restaurant

(k) Business or professional office, including medical

(l) Light manufacturing

(m) General Manufacturing

(n) Warehouse, self-storage mini-warehouse or distribution facility

(o) Wholesale manufacturing

(p) Commercial outdoor parking

(q) Roadside stands for the sale of farm or garden produce of off-premise origin from land not controlled by the occupant

(r) Parking of Commercial Motor Vehicles

(s) Contractor's or Landscaping Yard

(t) Office uses and food services where such use or service is primarily for the employees at the principal use

(u) Industrial park

(2) The following uses are authorized in a Manufacturing District only under a special permit issued by the Swansea Zoning Board of Appeals or the Swansea Planning Board after a public hearing, of which due notice has been given, provided adequate off-street parking is supplied and subject to revocation if carried on in a manner detrimental to the health or well-being of the neighborhood:

(a) Kennel on parcel of less than three acres

(b) Indoor commercial recreation

(c) Tattoo Parlor

(d) Earth removal

(e) Contractor's yard

(f) Commercial indoor parking

(g) Drive-in or Drive-through facilities

(h) Adult entertainment, including live entertainment, book store, video store, paraphernalia or cinema

(i) Home Occupation

(j) Common driveways

(k) Medical Marijuana Treatment Centers

§ 265-4.3 Accessory apartments.

A. Purpose. The Swansea Zoning Board of Appeals may grant a special permit for accessory apartments in accordance with the following requirements for the purposes of providing small, additional dwelling units to rent without adding to the number of buildings in the Town of Swansea or substantially altering the appearance of the Town, providing alternative housing options for the community and enabling owners of single-family dwellings larger than required for their present needs to share space and the burdens of home ownership.

B. Definition. An ACCESSORY APARTMENT is a separate, self-contained dwelling unit, incorporated within a single-family dwelling, and not within an accessory structure, complete with its own cooking and sanitary facilities, having not more than one bedroom. Additions, renovations and all construction involved with the creation of an accessory apartment shall meet the requirements of the current edition of the Massachusetts Building Code as it pertains to two-family structures.

C. Procedures. Accessory apartments may be allowed with a special permit from the Swansea Zoning Board of Appeals in accordance with the process for issuing special permits as set forth in Article XIII of the Swansea Zoning Bylaw, provided that each of the following, additional criteria are met.

D. Criteria.

(1) A plot plan of the existing dwelling unit and the proposed accessory apartment shall be submitted to the SPGA, showing the location of the building on the lot, the proposed accessory apartment, location of any septic system and required parking. A mortgage inspection survey shall be sufficient to meet this requirement.

(2) An affidavit shall be provided by the applicant stating that one of the two dwelling units shall be occupied by the owner of the property, except for bona fide temporary absences.

(3) No more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 1,000 square feet in floor space and shall be located in the principal residential structure.

(4) The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure.

(5) Sufficient and appropriate space for at least one additional parking space shall be constructed by the owner to serve the accessory apartment. The parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway.

(6) No special permit shall be granted without a condition that the accessory apartment shall conform to the provisions of Title V of the Massachusetts Sanitary Code, 310 CMR 15.00.

E. Decision. Special permits for accessory apartments may be granted by the Zoning Board of Appeals upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the subject property is located and after consideration of the factors set forth in Article XIII of the Swansea Zoning Bylaw.

F. Administration and Enforcement.

(1) It shall be the duty of the Building Inspector to administer and enforce the provisions of this Bylaw.

(2) No building shall be constructed or changed in use or configuration until the Building Inspector has issued a permit. No permit shall be issued until a sewage disposal works permit, when applicable, has first been obtained from the Board of Health and the proposed building and location thereof conform with the Town's bylaws. Any new building or structure shall conform to all adopted state and Town laws, bylaws, codes and regulations.

(3) No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector where required.

(4) The Building Inspector shall refuse to issue any permit which would result in a violation of any provision of this chapter or in violation of the conditions or terms of any special permit granted by the Zoning Board of Appeals.

(5) The Building Inspector shall issue a cease and desist order on any work in progress or on the use of any premises, either of which are in violation of the provisions of this chapter.

(6) Construction or use according to a building permit or special permit shall conform to any subsequent amendment of this section unless the construction or use is begun within a period of not more than six months after the issuance of a permit granted before the effective date of the amendment. To qualify for this exemption, construction must be completed in a continuous and expeditious manner.

§ 265-4.4 Open space residential design subdivisions.

A. Purpose and Intent:

(1) To allow for greater flexibility and creativity in the design of residential developments.

(2) To encourage the permanent preservation of open space, agricultural and forestry land, plant and wildlife habitat, other natural resources including aquifers, waterbodies, wetlands, historical and archeological resources.

(3) To protect existing and potential municipal water supplies.

(4) To preserve and enhance the community character.

(5) To protect the scenic vistas as viewed from the Town's roadways and other public places.

(6) To facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner.

(7) To encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional or grid subdivision.

(8) To protect the value of real property.

(9) To minimize the total amount of disturbance on the site.

(10) To preserve open space areas for active and passive recreational use, including the provision of neighborhood parks and trails.

(11) To encourage the provision of diverse housing opportunities and the integration of a variety of housing types.

(12) To further the goals and policies of the local comprehensive plans and open space and recreation plans.

B. Definitions: In this Bylaw, the following words have the meanings indicated:

(1) Open Space Residential Development (OSRD): A residential development in which the buildings are clustered together with reduced lot sizes and frontage. The land not included in the building lots is permanently preserved as open space. Open Space Residential Development is the preferred form of residential development and/or redevelopment in the Town of Swansea for residential developments.

(2) Yield Plan: A plan conforming to the requirements of a preliminary subdivision plan, as specified in § 310-6C(1) through (9), inclusive, excepting Subsection C(5), of the Rules and Regulations Governing the Subdivision of Land of the Planning Board.

(3) Sketch Plan: A plan conforming to the requirements of the OSRD special permit plan, as specified in Subsection G(2)(a) of this bylaw.

(4) Open Space Residential Development Special Permit: Approval granted by the Special Permit Granting Authority after review and public hearing of an OSRD plan. An OSRD plan must be granted a special permit prior to receiving definitive subdivision plan approval from the Planning Board.

(5) Primary Conservation Areas: Tracts of land containing natural features such as wetlands, riverfront areas, perennial streams, water bodies, floodplains and habitats for rare or endangered plant or animal species regulated by state or federal law.

(6) Secondary Conservation Areas: Tracts of land including, but not limited to unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, meadows, intermittent streams, wildlife habitats and cultural features such as historic and archeological sites and scenic views.

(7) Potentially Developable Area: The area of a tract or tracts of land proposed for an Open Space Residential Subdivision that lie outside the identified Primary and Secondary Conservation Areas of such tract or tracts, and defines the location appropriate for siting of houses and accessory structures.

C. Eligibility:

(1) Minimum size of tract. To be eligible for consideration as an OSRD, the tract shall contain a minimum of 10 acres.

(2) Minimum number of lots. To be eligible for consideration as an OSRD, the tract shall contain not less than five lots.

(3) Contiguous parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel, abutting parcels, or set of parcels that demonstrate a significant functional relationship between the natural resources located on each of the parcels to be considered.

D. Special permit granting authority:

(1) A special permit granting authority (SPGA) is hereby established to review and approve special permits applications for Open Space Residential Developments subject to the regulations and conditions herein. The special permit granting authority is composed of the Planning Board members.

(2) Rules and Regulations: The special permit granting authority shall adopt, and from time to time amend, rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the town clerk. Such rules shall prescribe the size, form, contents, style and number of copies of plans and documentation to be submitted, and the procedure for submission and approval of such permits.

E. Design Process. At the time of application for a special permit for OSRD in conformance with Subsection F, applicants are required to demonstrate to the SPGA that the Design Process was performed by a multidisciplinary team of professionals, including registered professional engineer and landscape architect and considered in determining the layout of proposed open space, house lots, and streets.

(1) Step One: Identifying Conservation Areas. Identify preservation land by two steps. First, Primary Conservation Areas and Secondary Conservation Areas shall be identified and delineated. Second, the Potentially Developable Area will be identified and delineated. To the maximum extent feasible, the Potentially Developable Area shall consist of land outside identified Primary and Secondary Conservation Areas.

(2) Step Two: Locating House Sites.

(a) Locate the approximate sites of individual houses within the Potentially Developable Area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the Town's historical development patterns.

(b) The number of homes enjoying the amenities of the OSRD should be maximized. Houses should be sited to minimize impacts on the Primary and Secondary Conservation Areas, while maximizing the views of and access to the open space. House location should maximize the privacy of each home with minimum disturbance to the surrounding topography and landscape.

(3) Step Three: Aligning Streets and Trails. Align streets to access the house lots. Additionally, a network of trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails.

(4) Step Four: Lot Lines. Draw in lot lines that meet the minimum area and space requirements. Lot areas should encompass only those areas identified as Potential Developable Areas, and all areas outside of the lot lines shall be dedicated as open space area.

F. Pre-Application. A pre-application meeting between the SPGA and the applicant is required. The purpose of the pre-application review is to minimize the applicant's costs of engineering and other technical experts, and to identify important design considerations at the earliest possible stage in the development.

(1) Conference. The pre-application meeting shall be scheduled at a regular meeting of the SPGA. The SPGA shall forward copies of any pre-application submittals to and invite members of the Conservation Commission, Highway Department, the Board of Health, the Zoning Enforcement Officer, the Fire Department, the Swansea Water District and any other affected boards or departments as determined by the SPGA to the pre-application review. The invited review authorities shall have 30 days to return written comments to the SPGA. At the pre-application review, the applicant may outline the proposed OSRD, seek preliminary feedback from the SPGA and/or its invitees and technical experts, and set a timetable for submittal of a formal application. The SPGA may engage technical experts, at the expense of the applicant, to review the informal plans of the applicant and to facilitate submittal of a formal application for an OSRD special permit.

(2) Submittals: To facilitate review of the OSRD plan at the pre-application stage, applicants are required to submit the following information:

(a) Site Context Map. This map illustrates the parcel in connection to its surrounding neighborhood. Based on existing data sources and field inspections, it should show various kinds of major natural resources areas or features that cross parcel lines or that are located on adjoining lands. This map enables the conference committee to understand the site in relation to what is occurring on adjacent properties.

(b) Existing Conditions/Site Analysis Map. This map familiarizes officials with existing conditions on the property. Based on existing data sources and field inspections, this base map locates and describes noteworthy resources that should be left protected through sensitive subdivision layouts. These resources include wetlands, riverfront areas, floodplains and steep slopes, but may also include mature woodlands, hedgerows, farmland, unique or special wildlife habitats, historic or cultural features (such as old structures or stone walls), unusual geologic formations and scenic views into and out from the property. By overlaying this plan onto a development plan the parties involved can clearly see where conservation priorities and desired development overlap/conflict.

(c) Other Information. Applicants are required to submit the information set forth in Subsection F in a form acceptable to the SPGA.

(3) Site Visit. Applicants are required to conduct a site visit with the SPGA and other affected Town bodies, and/or their agents to facilitate pre-application review of the OSRD.

(4) Design Criteria. The parties at the pre-application conference and site visit should discuss the design process and criteria set forth in Subsection E.

G. Procedural Requirements: The Open Space Residential Subdivision Special Permit Plan shall include a Sketch Plan and Yield Plan. The applicant shall submit both the Site context map and Existing Conditions/Site Analysis map prepared according to Subsection F(2)(a) and (b). Additional information reasonably necessary to make the determinations and assessments cited herein shall be provided, including existing site contour maps and existing current soil maps.

(1) Submission. The applicant shall file applications for OSRD special permits with the Town Clerk. The Town Clerk will certify the date and time of filing. The Clerk shall forward the application, with said certification, to the office of the SPGA. The SPGA shall commence a public hearing, for which notice has been given, within 65 days from the date of filing of the application.

(a) Escrow for employment of outside consultants. The SPGA may engage technical experts as necessary to assist with the review of the application and associated plans. The applicant shall deposit funds with the Town to cover the costs of such technical reviews. The amount of said deposit, and any subsequent replenishment, shall be established by the SPGA. Expenditures from said account shall be made at the direction of the SPGA without further appropriation. Expenditures from said account shall be made only in connection with the review of a project for which a review fee has been collected from an applicant. The funds shall be deposited with, and released by, the Town Treasurer in accordance with MGL c. 44, § 53G. Administrative appeal from the selection of an outside consultant shall be taken in accordance with the provisions of MGL c. 44, § 53G.

(2) Sketch Plan. Two plans are required to be submitted: 1) OSRD sketch plan incorporating the Four-Step Design Process outlined in Subsection E, and the design standards included herein; and 2) Conventional subdivision yield plan, prepared based upon Zoning Bylaw requirements for a standard subdivision. The Sketch Plans shall be prepared by a multi-disciplinary team of professionals, including registered professional engineer and landscape architect, and shall address the general features of the land, and give approximate configurations of the lots, open space, and roadways. The SPGA shall determine which method of development furthers the purpose and intent of this bylaw.

(a) Required Content of the Sketch Plan. The sketch plan shall include the following information:

[1] The subdivision name, boundaries, north point, date, legend, locus map, title "Concept Plan," and scale.

[2] The names of the record owner and the applicant, and the name of the landscape architect who prepared the plan.

[3] The names, approximate location, and widths of adjacent streets.

[4] The proposed topography of the land shown at a contour interval no greater than 10 feet. Elevations shall be referred to mean sea level.

[5] The location of existing landscape features including forests, farm fields, meadows, wetlands, riverfront areas, waterbodies, archeological and historic structures or points of interest, rock outcrops, boulder fields, stone walls, cliffs, high points, major long views, forest glades, major tree groupings, noteworthy tree specimens, and habitats of endangered or threatened wildlife or plant species, as identified as primary and secondary resources. Proposals for all site features to be preserved, demolished or moved shall be noted on the Sketch Plan.

[6] All on-site local, state, and federal regulatory resource boundaries and buffer zones shall be clearly identified and all wetland flag locations shall be numbered and placed on the Sketch Plan.

[7] Lines showing proposed private residential lots, as located as part of the four-step design process with areas and frontage dimensions.

[8] All existing and proposed features and amenities including, but not limited to trails, recreations areas and facilities, pedestrian and bicycle paths, community buildings, and off-street parking areas shall be shown on the plan and described in a brief narrative explanation where appropriate.

[9] The existing and proposed streets, ways, common driveways, easements and any parcel of land intended to be dedicated for public use or to be reserved by deed covenant for use of all property owners in the subdivision, or parcels of land or lots to be used for any purpose other than private residential shall be so designated with the subdivision in a general manner.

[a] Proposed roadway grades.

[b] As sewer is not available, percolation and water table tests may be required as directed by the SPGA. A narrative explanation shall be prepared by a registered professional engineer detailing the proposed wastewater systems that will be utilized by the development and its likely impacts on site and to any abutting parcels of land. For example, the narrative will specify whether individual on-site or off-site systems, shared systems, alternative to Title V systems, or any combination of these or other methods will be utilized. The applicant shall identify the proposed location of all wastewater disposal systems, and if so located in any proposed open space area, then identify how the system(s) will be constructed and maintained so as to not interfere with the function of the proposed open space.

[c] A narrative explanation prepared by a registered professional engineer proposing systems for stormwater drainage and its likely impacts on-site and to any abutting parcels of land. For example, the narrative will specify which engineering methods will be used and the number of any detention basins or infiltrating catch basins, it is not intended to include specific pipe sizes. Any information needed to justify this proposal should be included in the narrative. The approximate location of any stormwater management detention basins shall be shown on the plan and accompanied by a conceptual landscaping plan.

[d] A narrative explanation prepared by a registered professional engineer detailing the proposed drinking water supply system.

[e] A narrative explanation of the proposed quality, quantity, use and ownership the open space. Open space parcels shall be clearly shown on the plan.

[f] All proposed landscaped and buffer areas should be noted on the plan and generally explained in a narrative.

[g] A list of all legal documents necessary for implementation of the proposed development, including any conservation restrictions, land transfers, and master deeds, with an accompanying narrative explaining their general purpose.

[h] A narrative indicating all requested waivers, reduction, and/or modifications as permitted within the requirements of this bylaw.

(3) Yield Plan. The applicant shall submit a narrative explanation detailing the results of the determination of any proposed allocation of yield determined according to Subsection H, Basic Maximum Number of Dwelling Units.

(4) Relationship between OSRD special permit plan and definitive subdivision plan. The OSRD special permit plan shall be reconsidered if there is substantial variation between it and the definitive subdivision plan. If the SPGA finds that a substantial variation exists, it shall hold a public hearing on the modification to the OSRD special permit plan. A substantial variation shall be defined as any of the following circumstances:

(a) An increase in the number of building lots;

(b) A significant decrease in the open space acreage;

(c) A significant change in lot layout;

(d) A significant change in the general development pattern that adversely affects natural landscape features and open space preservation;

(e) Significant changes to the stormwater management facilities; and/or significant changes in the wastewater management systems.

H. The Basic Maximum Number of Dwelling Units/Density shall be derived from a Yield Plan:

(1) The number of dwelling units permitted shall not exceed that which would be permitted under a conventional subdivision that complies with the Town zoning bylaw and the Rules and Regulations Governing the Subdivision of Land of the SPGA and any other applicable laws and regulations of the Town or the state.

(2) A yield plan shall be submitted to demonstrate the allowable number of units. If the tract lies in more than one zoning district, the lots for each district shall conform to their respective zoning district requirements.

(3) The applicant shall have the burden of proof with regard to the Basic Maximum Number of dwelling units. The applicant may be required to submit additional site information as requested by the SPGA to satisfy the prescribed burden of proof.

I. Standards and Dimensional Requirements: Where the requirements of this section differ from or conflict with the requirements found elsewhere in the Zoning Bylaw, the requirements of this section shall prevail.

(1) Minimum Lot Size: The minimum lot size shall be 10,000 square feet of upland area.

(2) Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the Zoning District, provided, however, that no lot shall have less than 50 feet of frontage and provided further that such frontage reduction shall apply only to lots fronting on proposed internal roadways. The sharing of driveways to reduce curb cuts is encouraged.

(3) Lot Shape: All building lots must be able to contain a circle of a minimum diameter of 50 feet from the front lot line to the rear building line.

(4) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 15 feet from any property line.

(5) Required Open Space: All land area not utilized for lots, roads, and drainage shall be set aside as open space, lands being permanently deed restricted to their identified usage only. A minimum of 50% of the upland area of the parcel must be provided as open space. Wetlands and water bodies must be preserved; however, they do not count toward the open space requirement. Roadway rights of way shall not count toward the area to be provided as open space.

J. Open Space Requirements

(1) Permissible Uses of Open Space:

(a) Purposes: Open space shall be used solely for conservation, wildlife and plant habitat, aquifer recharge, agriculture, forestry or recreation purposes by residents and/or the public. Where appropriate, multiple use of open space is encouraged. At least half of the required open space may be required by the SPGA to be left in a natural state. The proposed use of the open space shall be specified in the application. If several uses are proposed, the plans shall specify what uses will occur in what areas. The SPGA shall have the authority to approve or disapprove particular uses proposed for the open space.

(b) Recreation Lands: Where appropriate to the topography and natural features of the site, the SPGA may require that at least 10% of the open space or two acres (whichever is less) shall be of a shape, slope, location and condition to provide an informal field for group recreation or community gardens for the residents of the subdivision.

(c) Leaching Facilities: Subject to the approval of the Board of Health, as otherwise required by law, the SPGA may permit a portion of the open space to be used for components of sewage disposal systems serving the subdivision, where the SPGA finds that such use will not be detrimental to the character, quality, or use of the open space, wetlands or waterbodies, and enhances the site plan. The SPGA shall require adequate legal and fiscal safeguards and covenants that such facilities shall be adequately maintained by the lot owners within the development.

(d) Community Structures: Up to 5% of the open space may be set aside and designated to allow for the construction of structures and facilities accessory to the proposed use of the open space including parking. Location of structures and facilities are subject to the approval of the SPGA.

(2) Ownership of Open Space:

(a) Ownership Options: At the developer's option and subject to approval by the SPGA, all areas to be protected as open space shall be:

[1] Conveyed to the Town to be placed under the care, custody and control of the Conservation Commission, and be accepted by it for a park or open space use. Land conveyed to the Town should be open for public use; and/or

[2] Conveyed to a non-profit organization, the principal purpose of which is the conservation or preservation of open space, with a conservation restriction as specified in Subsection J(2)(n)[10][b][ii] below. Such organization shall be acceptable to the Town as a bona fide conservation organization; and/or

[3] Conveyed to a corporation or trust owned, or to be owned, by the owners of lots or residential units within the development (i.e. "homeowners association") and placed under conservation restriction as specified in Subsection J(2)(b) below. If such a corporation or trust is utilized, as indicated herein, ownership thereof shall pass with conveyance of the lots or residential units in perpetuity. Documents creating such trust or corporation shall be submitted to the SPGA for approval, and shall thereafter be recorded.

(b) Permanent Restriction: In any case where open space is not conveyed to the Town, a permanent conservation or agricultural preservation restriction in accordance with MGL c. 184, § 31, approved by the SPGA and Board of Selectmen and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, shall be recorded to ensure that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadways, except as permitted by this bylaw and approved by the SPGA and not inconsistent with MGL c. 184, § 31. Restrictions shall provide for periodic inspection of the open space by the Town. Such restriction shall be submitted to the SPGA prior to approval of the project and recorded at the Registry of Deeds/Land Court simultaneously with recording of the definitive subdivision plan. A management plan may be required by the SPGA that describes how existing woods, fields, meadows or other natural areas shall be maintained in accordance with good conservation practices.

(c) Encumbrances: All areas to be set aside as open space shall be conveyed free of any mortgage interest, security interest, liens or other encumbrances.

(d) Maintenance of Open Space: In any case where open space is not conveyed to the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. Such easement shall provide that in the event the trust or other owner fails to maintain the open space in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance, administrative and other associated fees shall be assessed by the Town against the properties within the development and/or to the owner of the open space. The Town may file a lien against the lot or lots to ensure payment of such maintenance expenses.

(e) Monumentation: Where the boundaries of the open space are not readily observable in the field, the SPGA may require placement of surveyed bounds sufficient to identify the location of the open space.

(3) Open Space Design Requirements: The location of open space provided through this bylaw shall be consistent with the policies contained in the Swansea Master Plan and the Open Space and Recreation element of the plan. The following design requirements shall apply to open space and lots provided through this bylaw:

(a) Open space shall be planned as large, contiguous areas whenever possible. Long thin strips or narrow areas of open space (less than 100 feet wide) shall occur only when necessary for access, as vegetated buffers along wetlands or the perimeter of the site, or as connections between open space areas. Open space may be considered connected if it is separated by roadway or community facility.

(b) Open space shall be arranged to protect valuable natural and cultural environments such as stream valleys, wetland buffers, unfragmented forestland and significant trees, wildlife habitat, open fields, scenic views, trails, and archeological sites and to avoid development in hazardous areas such as floodplains and steep slopes. The development plan shall take advantage of the natural topography of the parcel and cuts and fills shall be minimized.

(c) Open space may be in more than one parcel provided that the size, shape and location of such parcels are suitable for the designated uses. Where feasible, these parcels shall be linked by trails.

(d) Where the proposed development abuts or includes a body of water or a wetland, these areas and the 100-foot buffer to such areas shall be incorporated into the open space. Where appropriate, reasonable access shall be provided to shorelines.

(e) The maximum number of house lots compatible with good design shall abut the open space and all house lots shall have reasonable physical and visual access to the open space through internal roads, sidewalks or paths. An exception may be made for resource areas vulnerable to trampling or other disturbance.

(f) Open space shall be provided with adequate access, by a strip of land at least 20 feet wide, suitable for a footpath, from one or more streets in the development.

(g) Development along existing scenic roads and creation of new driveway openings on existing regional roadways shall be minimized.

(h) Where a proposed development abuts land held for conservation purposes, the development shall be configured to minimize adverse impacts to abutting conservation land, and provide for the most contiguous arrangement of open space with abutting conservation land. New trail connections should be provided to existing recreation and trail facilities where appropriate.

K. Design Standards: The following generic and site-specific design standards shall apply to all OSRD subdivisions and shall govern the development and design process:

(1) Generic Design Standards

(a) The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainage ways shall be treated as fixed determinants of road and lot configuration rather than as variable elements that can be changed to follow a preferred development scheme.

(b) Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject tract. Road and road right-of-way standards may be designed and constructed in accordance with the conventional standards or the reduced roadway standards as adopted by the Planning Board in its Rules and Regulations Governing the Subdivision of Land.[1]

[1] Editor's Note: See Ch. 310, Subdivision of Land.

(c) Proposed building lots shall be designed and located to relate to their surroundings in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject tract.

(d) The removal or disruption of historic, traditional or significant uses, structures or architectural elements shall be minimized insofar as practicable where these exist on the site or adjacent properties.

(2) Site Specific Design Standards

(a) Parking. Each dwelling unit shall be served by two off-street parking spaces when lot access is provided by standard subdivision roads, or four off-street parking spaces when served by reduced standard roads. Parking spaces in and in front of garages may count in this computation. All parking areas with greater than six spaces shall be screened from view.

(b) Buffer Areas. A buffer area of 100 feet shall be provided at the perimeter of the tract. Driveways necessary for access to and from the property may cross such buffer areas. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance of structures and landscapes approved as part of the project. The SPGA may waive the buffer requirement in these locations when it determines that a smaller buffer, or no buffer, will suffice to accomplish the objectives set forth herein.

(c) Drainage. The use of non-structural stormwater management techniques are encouraged, such as shallow grass-lined swales and overland flow that reduce impervious surfaces and promote infiltration where appropriate. Stormwater management designs shall conform to the Department of Environmental Protection stormwater management regulations.

(d) Common/Shared Driveways. A common or shared driveway may serve a maximum of two dwelling units provided that:

[1] A portion of the driveway traverses each lot;

[2] Each lot have required frontage on the roadway; and,

[3] Easements be recorded for each lot serviced by the shared driveway.

(e) Screening and Landscaping. All structural surface stormwater management facilities shall be accompanied by a conceptual landscape plan.

(f) On-site Pedestrian and Bicycle Circulation. Walkways and bicycle paths shall be provided to link residences with parking areas, recreation facilities, including parkland and open space areas, and adjacent land uses where appropriate.

L. Decision of the Special Permit Granting Authority

(1) Review and Decision: Upon receipt of the application and the required plans, the SPGA shall transmit one copy each to the Conservation Commission, Highway Department, Fire Department, Board of Health, Zoning Enforcement Officer and Swansea Water District. Within 30 days of their receipt of the application/plans, said Town bodies shall submit any recommendations to the SPGA. The SPGA shall act on applications according to the procedure specified in MGL c. 40A, § 9. Notice shall be provided of hearings in accordance with MGL c. 40A, § 11.

(2) Criteria for Special Permit Decision:

(a) Findings:

[1] The SPGA may approve the development upon finding that it complies with the purposes and standards of the Open Space Residential Development bylaw and is superior in design to a conventional subdivision with regard to protection of natural features and scenic resources of the site. The SPGA shall consider the following criteria in making its decision:

[a] Whether the OSRD achieves greater flexibility and creativity in the design of residential developments than a conventional plan;

[b] Whether the OSRD maximizes the permanent preservation of open space, agricultural land, forestry land, other natural resources including water bodies and wetlands, and historical and archeological resources;

[c] Whether the OSRD promotes a less sprawling and more efficient form of development that consumes a less open land and conforms to existing topography and natural features better than a conventional subdivision;

[d] Whether the OSRD reduces the total amount of disturbance on the site;

[e] Whether the OSRD special permit plan and its supporting narrative documentation complies with all sections of this zoning bylaw;

[f] Upland open space as required by this bylaw has been provided and generally conforms to the Open Space Design Requirements in Subsection J(3) of this Bylaw;

[g] Approximate building sites have been identified and are not located closer than 100 feet to wetlands and waterbodies;

[h] Proposed streets have been aligned to provide vehicular access to each house in a reasonable and economical manner. Lots and streets have been located to promote interconnection of the street network on site and to off-site locations, to avoid or minimize adverse impacts on open space areas, to provide views of and access to the open space for the lots and to protect the public safety;

[2] All lots meet the applicable dimensional requirements of Subsection I of the Open Space Residential Development Bylaw.

[3] The SPGA's findings, including the basis of such findings, shall be stated in the written decision of approval, conditional approval or denial of the application for special permit.

(3) Conditions: The SPGA shall impose conditions in its decision as necessary to ensure compliance with the purposes of this Bylaw. Approval of an Open Space Residential Development shall be conditioned upon Definitive Subdivision approval and shall be conditioned to provide that no further division of land which increases the number of lots or results in an alteration to the area to be set aside as open space may occur without a modification of the special permit. Any alteration of lot lines or layout of ways shall require approval of the SPGA and shall be in compliance with the requirements of the Open Space Residential Development bylaw and the Planning Board Rules and Regulations Governing the Subdivision of Land.[2]

[2] Editor's Note: See Ch. 310, Subdivision of Land.

(4) Time Limit: A special permit is granted for a period of two years and shall lapse if substantial use or construction has not commenced by such date, except for good cause shown.

(5) Relationship to Subdivision Control Law: Nothing contained herein shall exempt a proposed subdivision from compliance with other applicable provisions of these bylaws or the Rules and Regulations Governing the Subdivision of Land of the Planning Board,[3] nor shall it affect the right of the Board of Health and of the Planning Board to approve, approve with conditions, or disapprove a Definitive subdivision plan in accordance with the provision of such Rules and Regulations of the Subdivision Control Law.

[3] Editor's Note: See Ch. 310, Subdivision of Land.

M. Severability: If a court of competent jurisdiction holds any provision of this bylaw invalid, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Swansea zoning Bylaw.