This Zoning Bylaw is adopted in accordance with the provision
of MGL c. 40A.
The purpose of this bylaw is to promote the health, convenience
and welfare of the inhabitants and to accomplish all other objects
of zoning.
[Added 1987; amended 1992; 2011; 2014]
Notwithstanding any other provision of this bylaw, any building
or structure or any use of any building, structure or premises is
prohibited if it is injurious, obnoxious, offensive, dangerous, or
a nuisance to the community or to the neighborhood by reason of the
following:
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Noise
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Gases
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Vibrations
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Dust
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Concussion
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Harmful fluids or substances
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Odors
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Danger of fire or explosion
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Fumes
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Smoke
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Electronic interference
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Excessive drawdown of groundwater
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Debris/refuse
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Lighting
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Or if it discharges into the air, soil, water or groundwater
any industrial, commercial or other kinds of waste, petroleum products,
chemicals, except pesticides registered and labeled under provisions
of FIFRA and Chapter 132B of the Massachusetts General Laws, or pollutants
unless the same are so treated before discharge as to render them
harmless, or has any other objectionable feature detrimental to the
neighborhood health, safety, groundwater, convenience, morals or welfare.
[Added 1987; amended 1989; 1992; 2020]
A.
Purpose. It is the purpose of this bylaw to regulate the change, alteration, or expansion of any lawfully existing nonconforming use or structure. This bylaw is intended to and should be construed to restrict such changes, alterations, or expansions to the extent permitted under MGL c. 40A, § 6.
B.
Continuation of nonconformity. Any structure or use lawfully in existence
(or lawfully commenced prior to the first publication of notice of
a public hearing concerning any adoption or amendment of a bylaw affecting
such structure or use) may be continued; provided, however, that any
structure or use that has been discontinued or abandoned continuously
for a period of two years or more may not be reestablished and any
future use of the buildings or land shall conform to this bylaw. Construction
or operations under a building or special permit shall conform to
any subsequent amendment of this bylaw unless the use or construction
is commenced within a period of not more than six months after the
issuance of the permit and, in cases involving construction, is continued
through to completion as continuously and expeditiously as is reasonable.
C.
Restoration. A lawfully existing nonconforming structure or use,
if damaged or destroyed by fire or other accident, may be repaired
or reconstructed within one year; provided, however, that such repair
or reconstruction shall be within the same portion of the lot and
shall conform to the extent possible with the requirements of the
then-existing bylaw.
[Amended 4-25-2023 ATM
by Art. 23]
D.
Temporary uses. The Board of Appeals may permit a nonconforming temporary
building or use incidental to the development of a neighborhood, such
permit to be issued for an initial period of not more than two years
and for renewal periods of not more than one year each.
E.
[Deleted 1994; see § 240-5.5B(2).]
F.
Change, alteration, or extension.
[Amended 4-25-2023 ATM
by Art. 23]
(1)
Except as provided in Subsection F(2), preexisting nonconforming uses or structures may not be changed, altered, or extended unless there is a finding by the permit granting authority designated in Subsection G of this bylaw that such change, extension or alteration is not substantially more detrimental to the neighborhood.
(2)
With respect to either (i) conforming structures on legally
preexisting nonconforming lots which comply with all existing setback,
height and dimensional requirements, or (ii) legally preexisting nonconforming
structures on conforming lots, changes, alterations and extensions
may be approved by the Building Inspector without the need for a finding
by the Board of Appeals, provided that such changes, alterations or
extensions also comply with all existing setback, height, and dimensional
requirements and do not exceed 1,000 square feet.
G.
Procedure.
(1)
The Board of Appeals shall be the permit granting authority for any application for a finding under Subsection F, except the Planning Board shall be the permit granting authority with respect to applications concerning structures or uses in the business district.
(2)
The applicant for a finding hereunder shall file the original
and two copies of his application for said finding with the Town Clerk
as filing agent for the appropriate permit granting authority, and
shall forthwith file a separate signed copy thereof for the records
of the Town Clerk as required under MGL c. 40A, § 9. Upon
its receipt of such application, the permit granting authority shall
submit one copy thereof to the Select Board and one copy to either
the Planning Board or the Board of Appeals, as the case may be, for
its review and written recommendations. Each such Board shall make
such recommendations as it deems appropriate and shall send copies
thereof to the permit granting authority and the applicant. The failure
of either Board to make written recommendations within 35 days from
its receipt of such application shall be deemed to be lack of opposition
thereto.
[Amended 4-25-2023 ATM
by Art. 23]
(3)
Each application filed for a finding hereunder shall comply with the rules of the permit granting authority relative to the granting of special permits. The permit granting authority hereunder shall hear an application for a finding in full compliance with the time limitations and all other procedural requirements specified in Chapter 40A of the General Laws and Article VI of this bylaw.
[Amended 1996]
An accessory building or accessory structure is a building
or structure designed, constructed and/or devoted exclusively to a
use subordinate to and customarily incidental to the principal use.
An accessory use is a subordinate use of a building or other structure
or of the premises which is customary in connection with the principal
use and clearly incidental thereto and which does not constitute a
conversion of the principal use of the premises to one not permitted.
[Amended 1973; 1980]
The average (mean) lowest elevation of the ground adjacent
to all the exterior walls of a building. It is calculated by determining
the lowest elevation adjacent to each wall, weighting that elevation
by the length of its adjacent wall (multiplying the elevation in feet
by the length of the wall in feet), and dividing the sum of all weighted
elevation figures by the total length of all exterior walls. The elevation
figure used may be the height above mean sea level (msl), elevation
relative to the top of the concrete foundation, or some other appropriate
fixed point in the discretion of the building inspector. See illustration
below:
[Added 1996]
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Low points at each wall (height above msl):
A = 100'
B = 90'
C = 90'
D = 95'
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Calculation: weighted elevations:
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A = 30 x 100 = 3000
B = 50 x 90 = 4,500
C = 30 x 90 = 2,700
D = 50 x 95 = 4,750
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Total weighted elevation: 14,950
Total length of walls: 160
Average lowest finished grade: 14,950/160 = 93.44
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A combination of any materials, whether portable or fixed,
having a roof supported by walls or columns and designed for the shelter,
housing, or enclosure of persons, animals or property of any kind.
The word "building" shall be construed, where the context so permits,
as being followed by the words "or any part thereof."
[Added 1980]
A line which is the shortest distance from one side line
of the lot to any other side line of the lot and which passes through
any portion of the principal building and which differs by less than
45° from a line which connects the end points of the side lot
lines at the point at which they intersect the street right-of-way.
[Amended 1996]
A driveway, or segment of a driveway, that provides access
to two or more building lots by means of an easement, right-of-way
or other mechanism over one or more lots.
[Added 1996]
A place, whether known as a day nursery, nursery school,
kindergarten, day camp, child play school, progressive school, preschool
or other similar name, which receives for temporary custody, with
or without stated educational purposes, during part or all of the
day apart from their parents, three or more children under seven years
of age and not of common parentage. The term shall not include kindergartens
or nursery schools operated as part of an organized educational system
or by a stated agency and shall not include a Sunday school conducted
by a church.
[Added 1973; amended 4-25-2023 ATM by Art. 3]
A building which is designed for or redesigned for and/or
used exclusively for human habitation, but not including a boardinghouse,
a building devoted to the use of transient or overnight occupants,
or a mobile home (however mounted) except as authorized by law.
[Amended 1979; 1980; 4-25-2023 ATM by Art. 3]
A room, group of rooms, or dwelling designed, constructed
and/or equipped exclusively for use as a complete living unit for
one family, including living, sleeping, cooking and sanitary facilities,
and which is directly accessible from the outside or through a common
hall without passing through any dwelling unit.
[Added 1979; amended 1980; 4-25-2023 ATM by Art. 3]
Any generally accepted professional or office type occupation,
including but not limited to accounting, advertising, architecture,
engineering, journalism, law, management consultation, sales representation,
or stenography; but excluding the practice of medicine or personal
care in any form, or any profession or business excluded from the
definition of "home occupation" conducted only in a dwelling or building
accessory thereto, employing only the inhabitants of the premises
exclusive of persons not related by blood or marriage, and occupying
no more than 200 square feet of floor space.
[Added 1983]
An establishment devoted (apart from residential use) wholly
or predominantly to the commercial production of vegetables or other
crops, fruit, dairy products, cattle, sheep, goats, poultry, eggs,
maple products, or honey, or any combination thereof, including as
an incident of the operation of such establishment the sale by its
proprietor of its products only, either in their natural state or
forming the major ingredients of processed commodities.
The term "farm" does not include an establishment devoted (apart
from residential use) wholly or predominantly to processing or distributing
farm products dissociated from their production, and does not include
a commercial greenhouse or fur farm or nursery or a piggery.
The sum of the horizontal areas of the floor(s) of a building
measured from the exterior face of exterior walls, but excluding unoccupied
basement and attic space, and any space where the floor-to-ceiling
height is less than six feet.
[Added 2011]
The vertical distance between the average lowest finished
grade adjacent to the exterior walls of a building to the highest
point of a roof, as illustrated in the figure below:
[Added 1996]
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Occupations such as dressmaking, handicraft, preserving home
cooking, conducted only in a dwelling or building accessory thereto
by and employing only the inhabitants of the premises, and occupying
not more than 200 square feet of floor area. The term "home occupation"
does not include a beauty parlor, barbershop, convalescent or rest
home, tourist home, massage parlor or similar establishment offering
services to the general public.
[Amended 1973; 4-25-2023 ATM by Art. 23]
A separate housekeeping unit contained within a single-family
detached dwelling or in an accessory building which has separate kitchen
facilities for the storage, preparation or serving of food and separate
living, sleeping or sanitary facilities.
[Added 1973; amended 1982]
A single area of land with definite boundaries ascertainable
by recorded deed or plan.
[Amended 1981]
The percentage of building footprint within the area of a
lot.
[Added 1998]
The line defining a street right-of-way, whether it be a
public way or private way, where a street layout exists. Where no
street layout exists, it shall be the line defining where the rights
of others begin.
[Amended 1996]
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A building containing two or more dwelling units. A multidwelling
may be a series of attached or semidetached townhouses or row houses
(dwelling units sharing one or more party walls and each having at
least one floor at ground level with direct access to outside on two
or more sides) or a garden apartment building (dwelling unit sharing
a common entry hall or stairway).
[Added 1979; amended 4-25-2023 ATM by Art. 23]
A building, structure or portion thereof which does not conform
to the height and location regulations for the district in which it
is located.
A lot which does not conform to the area, frontage, and width
regulations for the district in which it is located.
A use of a building, structure, or land which does not conform
to the use regulations of the district in which it is located.
An area not less than 8 1/2 feet in width and 20 feet
in length for angle parking or 22 feet in length for parallel parking,
exclusive of drives and maneuvering space.
[Amended 1973]
Assistance with one or more of those tasks related to bathing,
dressing/grooming, ambulation, eating, toileting, reminding/assisting
residents in taking medication and other similar tasks related to
personal care needs either through physical support or supervision.
Supervision includes reminding and/or observing residents while they
perform activities.
[Added 1998]
A lot together with all buildings, structures, and uses thereon.
[Added 1980]
The shortest distance from the corresponding lot line to
any part of a building or structure, including overhang but not including
uncovered steps nor fences or walls less than six feet in height.
[Amended 1996]
Any public way or way opened and dedicated to the public
use which has not become a public way.
A combination of materials, other than a building, constructed
or placed in a fixed location on the ground or attached to anything
having a fixed location on the ground. The term structure shall include
tennis courts, paddle tennis courts, and swimming pools, but shall
not include walls or fences six feet or less in height, or utility
poles and guys.
[Added 1980]
[Added 1996]
A line which is the shortest distance from one side line of
a lot to any other side line of such lot, provided that the extension
of such line diverges less than 45° from a line, or extension
thereof, which connects the end points of the side lot lines where
such lines intersect the street right-of-way.
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In all three examples above, the extension of Line A diverges
from the extension of Line B by less than 45°.
Any building, structure, sign or any use of any building, structure
or premises, not expressly allowed, permitted or exempted by this
bylaw is prohibited.
