Town of Greenfield, MA General Regulations

In the event that a nonconforming building is destroyed by fire, explosion or other natural cause, or is in a state of disrepair and dilapidated, the same may be reconstructed or repaired on the same location for the same use or a conforming use, provided the new building is at least equal in appearance and character to the original structure.

Restoration or reconstruction due to fire, explosion or other natural cause, must be undertaken within one year of the date damage is inflicted unless, upon application to the Board of Appeals, the owner can show that restoration within the time limit is impracticable, in which case extension of time may be granted.

Change, extension or alteration.

As provided in MGL c. 40A, § 6, a nonconforming single- or two-family dwelling may be altered or extended provided that the Inspector of Buildings determines that doing so does not increase the nonconforming nature of said structure. Other preexisting nonconforming structures or uses may be extended, altered, or changed in use on special permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration, or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use.

Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

Abandonment. A nonconforming use which has been abandoned for a period of two years shall not be reestablished and any future use shall conform with this chapter, except in the case of land used for agriculture, horticulture, or floriculture where such non-use shall have existed for a period of five consecutive years.

Reuse of nonconforming structures. A building or structure which is nonconforming in that such building or structure does not conform to setback, height, or other dimensional requirements may be reused for any other use permitted by right or by special permit in that zoning district without the need to conform to such dimensional requirements provided that the Inspector of Buildings determines that the new use meets all the requirements of the Zoning Ordinance and that any changes or alterations to the structure do not increase the nonconforming nature of the structure or result in a new nonconformity with the existing requirements of the district; and provided further that the Zoning Board of Appeals or designated special permit granting authority issues a special permit for uses requiring a special permit.

§ 200-29 Accessory uses and structures.

Use regulation.

Customary accessory uses are permitted in accordance with this section and shall be located on the same lot or on an adjacent lot in the same ownership. Any use which is accessory to a use requiring a special permit shall also require a special permit.

Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production may be permitted upon the issuance of a special permit by the Board of Appeals provided the Board finds that the proposed accessory use does not substantially derogate from the public good.

Accessory structures.

Accessory structures less than 120 square feet.

No accessory structure, except a permitted sign or roadside stand, shall be located within a required front yard area and no accessory structure shall be located closer than three feet to any side or rear lot line.

An accessory structure attached to its principal structure or within 10 feet of it shall be considered an integral part thereof and as such shall be subject to the front, side and rear yard requirements applicable to the principal structure.

A private garage providing only for the storage of motor vehicles shall be considered a permitted accessory structure provided that no garage for the storage of more than three automobiles shall be erected or used unless authorized by the Board of Appeals in accordance with § 200-60.

Accessory structures greater than or equal to 120 square feet.

No accessory structure shall be located within a required front yard area and no accessory structure shall be located closer than 10 feet to any side or rear lot line.

Swimming pools.

Every outdoor swimming pool is considered to be an accessory structure which constitutes a hazard whether or not it is filled with water and shall be completely surrounded at all times by a fence or wall not less than four feet in height above grade, which may be the pool wall itself.

Every such fence or wall shall be so constructed as to not have openings, holes or gaps larger than four inches in any dimension except for doors, gates and picket fences; in the latter case, however, the gaps between pickets shall not exceed four inches.

All gates or doors opening through such enclosure shall be of not less than four feet in height and shall be equipped with a self-closing and self-latching device located at least four feet above the underlying ground and inaccessible from the outside to small children. Every such gate or door shall be kept locked at all times when the swimming pool is not in use, and any ladders removed.

A natural barrier, hedge, pool cover or other protective device approved by the Inspector of Buildings may be used in lieu of a fence or wall so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded by the enclosure, gate, and latch described herein.

Dish antennae. Dish antennae larger than two feet in diameter shall not be located in a required front or side yard, shall be set back at least 10 feet from the rear property line, shall not have a diameter greater than 1/3 of the required rear yard, and shall not be located on rooftops within any residential district.

Fences.

All fences shall be erected on private property and shall be no closer to any public sidewalk than 30 inches.

Fences shall not exceed four feet in height along the front lot line and that portion of the side lot lines between the front lot line and the minimum front setback line. Fences shall not exceed six feet in height along that portion of side lot lines between the minimum front setback line and rear lot line, and along the rear lot line.

Fences located within the side or rear yards and exceeding six feet in height shall be set back a distance equal to their height.

On corner lots, no fence shall be located higher than three feet within the triangle of clear site so as to obstruct visibility at the intersection in a manner that will jeopardize the safety of vehicles and pedestrians. The triangle of clear site is that area formed by the intersecting street lines and a straight line joining said street lines at a point 25 feet distant from the point of intersection of street lines.

All fences greater than six feet in height shall require a building permit.

Temporary fences on construction sites may be a maximum height of eight feet to protect the site.

Fence requirements may be modified by the Zoning Board of Appeals by the issuance of a special permit, based upon finding that such modification is not detrimental to the neighborhood nor that such modification will jeopardize vehicular and/or pedestrian traffic.

§ 200-30 Home occupations.

The Inspector of Buildings may issue a permit for a home occupation as an accessory use of a dwelling provided that:

Such use is clearly incidental and secondary to the use of the premises as a dwelling;

The home occupation is carried on within the dwelling or within an accessory building and no more than 50% of the combined gross floor area of the dwelling and any accessory buildings shall be used for the purposes of the home occupation;

New accessory buildings used for a home occupation shall not be larger than 75% of the footprint of the principal building. New accessory buildings for a home occupation larger than 75% of the footprint of the principal building may be allowed under a special permit from the Zoning Board of Appeals;

The home occupation shall be owned and operated by a resident of the dwelling, and not more than two people not residing on the premises shall be regularly employed on the premises;

No stock in trade is regularly maintained, except for products of the occupation itself or for goods or materials which are customarily stored, used or sold incidental to its performance;

Except for a permitted sign of not more than three square feet, there shall be no exterior display, no exterior storage of materials, no regular outside parking of business vehicles and no other exterior indication of the home occupation or other variation from the residential character of the premises;

Traffic shall not substantially increase volumes normally expected in a residential neighborhood;

Adequate off-street parking shall be provided in accordance with § 200-32. Parking areas shall not be located within 10 feet of the front, side, or rear lot line and shall be screened from neighboring residential uses. More than five parking spaces for a home occupation shall require a special permit from the Zoning Board of Appeals;

The home occupation shall comply with the performance standards listed in § 200-35;

The following home occupations shall not require a special permit:

Artist studio including but not limited to a craftsperson, potter, photographer, painter, musician;

Real estate, insurance, financial broker or agent;

Dressmaker, milliner, tailor, handicraft;

Professional office of a doctor, dentist, cleric, lawyer, engineer, architect, landscape architect, teacher, accountant, or other office of a similar profession.

All other home occupations including but not limited to tradesperson, hairdresser/barber, antique shop, print shop, and automobile repair shops shall require a special permit from the Zoning Board of Appeals. In addition to the above requirements, the Zoning Board of Appeals shall find that the proposed home occupation is suitably located in the neighborhood in which it is proposed and will not create a nuisance, hazard, or disturbance due to air or water pollution, noise, or visual unsightliness.

§ 200-31 (Reserved)

§ 200-32 Parking requirements.

General requirements.

Off-street parking for any new structure or use, expansion of existing structures, or changes in use shall be provided in accordance with the Table of Required Off-Street Parking Spaces and all other requirements of this section. Uses in the Central Commercial (CC) District are exempt from off-street parking requirements but shall meet all other requirements of this § 200-32. Off-street parking requirements for uses not specifically identified in the Table in § 200-31E shall be determined by the Inspector of Buildings based on a use listed in the Table which has characteristics similar to the use in question.

Where more than one use occurs on one site, the requirements of this section shall be cumulative unless the Inspector of Buildings finds that the periods during which a given use requires parking will not substantially overlap the parking periods of other uses on the site and accordingly approves a proportional reduction in required spaces. In no case shall the number of required spaces be less than the number of spaces required by the use requiring the greater number of spaces.

Part or all of the required parking may be enclosed within a structure conforming to all dimensional requirements of the district in which it is located.

The required number of spaces may be reduced on special permit by the Board of Appeals if it finds that fewer spaces meet all parking needs. Such cases might include but are not limited to:

Use of a common parking lot for separate uses having peak demands occurring at different times;

Age or other characteristics of occupants which reduce their auto usage;

Peculiarities of the use which make usual measures of demand invalid;

Proximity to and availability of municipal parking facilities providing overnight parking.

Existing parking areas or any parking areas subsequently provided in accordance with this section shall not be decreased or discontinued while the structure or use being served is in existence unless a change in use also changes the parking requirements or unless parking space is provided elsewhere in accordance with this section.

The Zoning Board of Appeals or the designated special permit granting authority may grant a special permit for exceptions to the parking requirements of this § 200-32 to permit the reuse or change in use of existing buildings with parking areas which do not conform to this section provided the Board determines that:

The existing parking areas constitute the most reasonable method of providing parking for the building and will adequately provide for the proposed use.

No other land is available as a practical matter for parking purposes.

Bringing the parking areas into conformity with the requirements of this section would result in a decrease of the parking spaces available if such spaces are reasonably needed to serve the uses of the building.

Public safety will not be compromised.

A reasonable alternative design is proposed with every effort made to meet the intent of the requirements.

Adverse impacts on the abutters or the character of the neighborhood will be satisfactorily mitigated.

Location of parking areas.

Required off-street parking areas shall be provided on the same lot they serve, or may be provided on another lot if:

The lot is not separated from the use being served by any street having a right-of-way width of 60 feet or more;

Access to such parking area is not more than 500 feet from the nearest street line of the lot or lots they are designed to serve;

Such lot is not diverted to other uses except insofar as it can be shown that substitute parking has been made available.

Shared off-street parking areas for two or more structures or uses may be permitted provided that the total number of spaces for each use computed separately is provided.

In all districts except the Planned Industry (PI) District, parking areas shall not be permitted in the required front yard setback or closer than 10 feet to the front lot line, whichever is greater, except in driveways serving one- or two-family dwellings. In the Planned Industry (PI) District, parking areas shall be set back from the front lot line by a minimum of 25 feet and from the side and rear lot lines by a minimum of 15 feet.

Design requirements. Parking areas for five or more cars shall be subject to the following requirements:

Off-street parking spaces shall be laid out to provide for forward-moving ingress and egress;

There shall be not more than two driveway openings onto any street from any single premises unless each opening center line is separated from the center line of all other driveways serving 20 or more parking spaces, whether on or off the premises, by 200 feet (measured at the street line) if in a commercial district or by 300 feet if in any other district. No such opening shall exceed 24 feet in width at the street line unless necessity of greater width is demonstrated by the applicant, and the opening is designed consistent with Massachusetts Department of Public Works Regulations, Section 11A-9, or subsequent revisions;

No driveway side line shall be located within 50 feet of the street line of an intersecting way and shall be constructed with a minimum edge radius of five feet on both sides;

Driveways shall have a triangle of clear sight at the intersection with the street line inside which no object shall be more than three feet above the elevation of the center line of the street at the intersection;

All parking areas shall be designed in accordance with the Greenfield Department of Public Works Design Standards for Off-Street Parking and with the Rules and Regulations of the Architectural Barriers Board of the Commonwealth of Massachusetts Department of Public Safety; (Diagram No. 4 deleted)

(Deleted)

Any establishment which may have lines of vehicles waiting admission or service shall have sufficient on-site space for such lines without requiring cars to stand on any public way;

The layout of parking areas shall allow sufficient space for the storage of plowed snow unless removal from the site is provided;

(9)

Driveways and parking areas shall be designed to allow for the free flow of vehicles at all times;

(10)

All parking areas and driveways shall be maintained as follows:

A dust-free all-weather surface properly drained to dispose of all surface water accumulating within the area shall be provided. Where there are well-draining soils, permeable or porous paving is encouraged to be used for parking stalls and overflow parking areas to infiltrate stormwater where appropriate. The use of structural soils or cells are encouraged in conjunction with permeable or porous paving and in paved areas surrounding landscaped islands, medians, and buffer strips to provide greater root space for shade trees. Parking areas not required by this chapter and which are used only occasionally may be maintained in grass;

Parking spaces shall be clearly marked and any one-way driveways serving them shall have the direction of travel clearly indicated other than on the pavement. Such directional signs shall not be internally illuminated;

Parking areas shall be used for automobile parking only, with no sales, storage, repair work, dismantling or servicing of any kind;

Parking areas and driveways shall be illuminated by shielded lights arranged, designed and with a pole height sized to prevent glare, and to prevent light from shining upon any adjoining building or property in residential use, onto adjacent streets or skyward. A lighting plan shall be submitted as part of site plans.

Landscaping. Parking areas shall be screened and landscaped to minimize glare and reflection, to provide shading within parking lots, to capture, treat, and infiltrate stormwater on-site through low-impact development techniques, to provide noise buffers, to reduce the visual impact on adjacent residential property and public ways, and to prevent headlights from shining onto adjacent property.

Perimeter landscaping:

Parking areas adjacent to residential property in all districts except the Central Commercial (CC) District shall be set back from the property line by 10 feet and shall have a continuous border of dense plantings at least four feet wide and four feet high continuously maintained to provide an effective visual screen; or fencing or berming, not less than five feet but not more than six feet above grade in height and landscaped on at least the side facing the abutters. Such landscaping shall include a minimum planting of trees or shrubs five feet on center.

Low-impact development stormwater management features such as swales, filter strips, and bioretention areas that capture, treat, and infiltrate runoff from the parking area are encouraged and may be located within the ten-foot setback. Trees and shrubs planted within stormwater management features will count towards the required minimum planting of trees and shrubs.

All parking areas except those within the Central Commercial (CC) District shall be separated from the street line by a ten-foot landscaped buffer strip including shade trees from the Large Trees forty feet to eighty feet category of the List of Approved Trees (three-inch diameter caliper at a point 4 1/2 feet above the ground) planted every 30 feet on center and shrubs at least three feet in height upon maturity. Visibility at ingress and egress shall not be impaired and shall have a triangle of clear sight as defined in § 200-3B.

Parking areas within the Central Commercial (CC) District.

Parking areas within the Central Commercial (CC) District adjacent to residential property shall be set back from the property line by five feet and shall have a continuous border of dense plantings at least three feet wide and four feet high continuously maintained to provide an effective visual screen; or fencing or berming, not less than five feet but not more than six feet above grade in height and landscaped on at least the side facing the abutters. Such landscaping shall include a minimum planting of trees or shrubs five feet on center.

Low-impact development stormwater management features such as swales, filter strips, and bioretention areas that capture, treat, and infiltrate runoff from the parking area are encouraged and may be located within the five-foot setback. Vegetation planted within stormwater management features will count towards the required minimum planting of trees and shrubs.

All parking areas within the Central Commercial (CC) District shall be separated from the street line by an eight-foot landscaped buffer strip including shade trees (three-inch diameter caliper at a point 4 1/2 feet above the ground) planted every 30 feet on center and shrubs not to exceed three feet in height upon maturity. Curbing and/or wheel stops shall be required. Visibility at ingress and egress shall not be impaired and shall have a triangle of clear sight as defined in § 200-3B.

To the maximum extent possible, trees and other plant materials should be native species. All shade trees must be listed under the Large Trees forty feet to eighty feet category of the Approved Tree Species List of Chapter 400 of the Greenfield Code. Large canopy trees are required for internal landscaping to provide maximum shading. Shrubs, ground covers and perennials used below shade trees within parking lots should be of species able to withstand the harsh conditions and runoff of a parking lot. Any trees and shrubs that do not survive one year after planting shall be replaced in accordance with the requirements of this chapter.

Internal landscaping. All parking lots shall have internal landscaping as follows:

Seven to 20 parking spaces shall have a minimum of 5% planted lot area;

Greater than 20 parking spaces shall have a minimum of 10% planted lot area;

One shade tree (at least three-inch caliper at a point six inches above the ground) shall be planted for every 10 parking spaces. All trees must be listed on the Approved Tree Species List of Chapter 400 of the Greenfield Code. Large canopy trees are preferred for internal landscaping to provide maximum shading. Preservation of existing trees is desirable and may be substituted for planted trees.

Parking lots with distinct parking areas may be treated as separate parking lots if separated by at least eight feet in width of planted landscaped area. Internal landscaping shall be distributed throughout the lot for maximum shading and aesthetic improvement.

Landscaped islands a minimum of eight feet in width shall be used at the end of parking rows, and to break up rows of parking with 15 or more parking spaces in single or double bays. Each island shall incorporate at least one shade tree, and should include LID stormwater management features to treat and infiltrate runoff from the parking lot when feasible.

Landscaped median divider strips a minimum of eight feet in width may be used in lieu of mid-row islands. Divider strips shall incorporate shade trees planted every 20 feet on center, and should include LID stormwater management features to treat and infiltrate runoff from the parking lot when feasible. If a sidewalk is proposed within the strip, the sidewalk may be placed in the center of the strip or to one side, and shall connect to public sidewalks, if applicable. The divider strip shall be increased in width by no less than four feet to accommodate the sidewalk. Divider strips shall be capped on each end with a landscaped island meeting the requirements of § 200-32D(2)(c) above.

(g)

In parking lots with double-loaded parking rows exceeding 40 spaces, landscaped median divider strips a minimum of eight feet in width shall be required every two or fewer rows. Landscaped dividers shall be placed between double loaded rows of parking running the entire length of the rows and landscaped with plantings and shade trees planted every 20 feet on center. LID stormwater management features to treat and infiltrate runoff from the parking lot should be incorporated when feasible. A sidewalk shall be provided in at least one landscaped median divider strip to create a pedestrian route from the parking lot to the building entrance. The sidewalk may be placed in the center of the strip or to one side, and shall connect to public sidewalks if applicable. The divider strip shall be increased in width by no less than four feet to accommodate the sidewalk.

(h)

To the maximum extent possible, trees and other plant materials shall be native species. Shrubs, ground covers and perennials used below shade trees within parking lots should be of species able to withstand the harsh conditions and runoff of a parking lot. Any trees and shrubs that do not survive one year after planting shall be replaced in accordance with the requirements of this chapter.

Stormwater management inspection and maintenance plan: An inspection and maintenance plan for parking lot stormwater management features shall be submitted to the Planning Board that conforms to the standards for inspection and maintenance plans detailed in § 381-9 of the Greenfield Code.

Required off-street parking spaces. Off-street parking facilities shall meet the requirements of the Table of Required Off-Street Parking Spaces. Where the computation results in a fractional number, the fraction shall be counted as one space.

Table of Required Off-Street Parking Spaces
Use	Required Parking Space
Dwellings	One parking space per unit
Uses accessory to the above	In addition to the above, one space plus one space for each nonresident employee
Boardinghouse, lodging house, rooming house, bed-and-breakfast/tourist home	Two spaces plus one space per rooming unit
Dormitory	One space for each occupant
Housing for the elderly	1 1/2 spaces per unit
Hotel, motel, inn	One space for each bedroom, plus three spaces for each 200 square feet of floor area available for meetings and functions and one space for each four employees on the largest shift
Convalescent, rest or nursing home	One space for each four beds, plus one space for each employee on the largest shift
Hospital, sanitarium or similar institution	1 1/2 spaces per bed capacity plus one space for each employee on the largest shift
Church or similar place of assembly	One space for each three seats in the largest assembly room
Funeral home or chapel	One space for each three seats, or one space for each 40 square feet of floor area open to the public, whichever is greater
Community center, auditorium, gymnasium, theater, or places of public assembly	One space for each three seats or five linear feet of bench area or one space for every 40 square feet of floor area open to the public, whichever is greater
Public library, museum, or similar institution	One space for each 400 square feet open to the public
Retail business, commercial use	One space for each 300 square feet of floor area up to 50,000 square feet plus one space for each 600 square feet thereafter
Personal service establishment	1 1/2 spaces per chair and one space for each employee on the largest shift
Office, professional, business or public	One space for each 300 square feet of floor area up to 50,000 square feet plus one space for each 600 feet thereafter
Medical or dental office or clinic	One space for each practitioner, four patient spaces per practitioner, and one space for each employee on the largest shift
Restaurant, taverns, clubs, or other places serving food or beverages	One space for each three seats, permanent or otherwise, plus one space for each employee on the largest shift
Industrial, manufacturing, warehouse storage, laboratories or similar use	3/4 space for each employee on the two largest shifts combined
Automobile washing and waxing establishment	Two waiting spaces per stall equipped for washing or waxing
Repair garages and gasoline service stations	Two waiting spaces for each pump, plus two spaces for each service bay and one space for each employee on the largest shift
Bowling alleys	Five spaces for each alley
Schools, preschool through middle or junior high	One space for each teacher or other employee anticipated during normal school hours excluding students and one space for each six seats in the largest auditorium or gymnasium
Schools, senior high, places of higher education, professional schools, trade school	One space for each teacher or other employee anticipated during normal school hours, plus one space for each five students in a senior high school or one space for each two students in any other such institution plus one space for each three seats in the largest auditorium or gymnasium

§ 200-33 Loading requirements.

Adequate off-street loading and receiving areas shall be provided for all business, commercial, industrial, or institutional uses.

Loading areas shall provide sufficient space on the lot so that vehicles can maneuver into position without interference with streets.

Entrances and exists to loading areas shall not be located less than 50 feet from any street intersection except in the Central Commercial (CC) District.

In any Industrial District, no loading area shall be located closer than 100 feet from any residential use.

Loading areas adjacent to or across the street from residential property shall be screened by a ten-foot buffer strip; landscaped, bermed, or fenced at a suitable height and density to effectively screen the loading area and lights of delivery trucks from shining onto residential property.

In the Planned Industry (PI) District, loading areas shall be set back from the front lot line by a minimum of 25 feet and from the side and rear lot lines by a minimum of 15 feet.

§ 200-34 Sign regulations.

[Amended 7-20-2022]

Definitions. As used in this section, the following terms shall have the meanings indicated:

BILLBOARD

A sign used for the display of posters, printed or painted advertising matter, either illuminated or nonilluminated, that directs attention to goods, merchandise, entertainment, or services offered elsewhere than the premises where the sign is located.

Sign regulations. Any sign erected, altered, or enlarged after the adoption of this section shall conform to the applicable provisions of this section. The purpose of this section is to protect the general public from damage and injury caused by the distractions, hazards, and obstructions caused by signs and to preserve the value of property by ensuring the compatibility of signs with surrounding land uses.

Administration and enforcement. All signs, unless otherwise specified in this chapter, require a sign permit from the Inspector of Buildings who shall determine conformance of a sign allowed by right according to the provisions of this chapter and/or by way of a special permit. No sign shall be erected except in conformity with a sign permit. The Inspector of Buildings is authorized to order the repair or removal of any sign and its supporting structures which in his/her judgment is dangerous, in disrepair, or which is erected or maintained contrary to this chapter and/or the provisions of a special permit.

Permitted signs by district.

Signs in the Residential, Semi-Residential, and Health Districts.

One identification sign per dwelling unit for single- and two-family residences not exceeding two square feet in area. If freestanding, it shall not be higher than four feet and shall be set back at least three feet from the public right-of-way and shall also be in accordance with § 200-27D, Corner lots. Such signs shall be for identification purposes only, displaying the number or name of the occupant.

Identification signs for occupants of multifamily dwelling units shall be grouped together on one sign which shall not exceed six square feet in area. Such signs may be located at each primary entrance to a building and shall not exceed four feet in height if freestanding.

One entrance sign identifying the name of a subdivision, multifamily or condominium development not to exceed 12 square feet in area and four feet in height and shall be set back at least three feet from the public right-of-way.

One bulletin or announcement board or identification sign not exceeding 10 square feet in area for each permitted nonresidential building or use, provided that such sign, if freestanding, shall not be located nearer to a public right-of-way than 1/2 the depth of the required front yard. Churches, public educational and other institutional uses shall be permitted two such bulletin or identification signs, provided that one does not exceed 20 square feet in area and the other 10 square feet in area. Such signs shall not exceed six feet in height if freestanding.

One sign in connection with a lawfully maintained nonconforming use or in connection with a greenhouse, nursery, or farmstand not exceeding 20 square feet in area or six feet in height if freestanding and shall be set back at least three feet from the public right-of-way.

One sign in connection with a home occupation not exceeding three square feet in area. If freestanding, it shall not be higher than four feet and shall be set back at least three feet from the public right-of-way and shall also be in accordance with § 200-27D, Corner lots. Such signs shall be for identification purposes only, displaying any of the following: the name of the home occupation, phone number and/or website address.

Signs in the Central Commercial District.

One sign for each establishment located in and along the frontage of a building. The sign shall be affixed to the frontage wall of the building. If a building fronts on more than one street, both frontage walls may be used for all such signs. The total combined area of such signs shall not exceed 10% of the area of the building face upon which the signs are attached or a maximum of 45 square feet per sign, whichever is less. Individual signs shall be sized based on the building face area occupied by each establishment. Such signs shall include wall, projecting, marquee signs and awnings.

One identification sign painted or attached to the building for each entrance not on the front of the building not to exceed 10 square feet in area.

One freestanding sign identifying the establishments on the premises not to exceed 25 square feet in total area and 10 feet in height. Such sign shall be placed at least three feet from the public right-of-way and shall not overhang the sidewalk. Premises occupied by more than one establishment shall share one freestanding sign.

Any sign allowed in a residential district under § 200-34D(1) of this chapter shall be permitted.

Signs in the Limited Commercial, Office, and General Industry Districts.

One sign for each establishment in a building affixed to one wall of a building. If a building fronts on more than one street, both building faces may be used for all such signs. The total combined area of such signs shall not exceed 10% of the area of the building faces upon which the signs are attached. The total signage on the building shall not exceed 45 square feet. Such signs shall include wall, projecting, marquee signs and awnings.

One identification sign painted or attached to the building for each entrance not on the front of the building not to exceed 10 square feet in area.

One freestanding sign identifying the establishment(s) on the premises not to exceed 40 square feet in area and 15 feet in height. Such sign shall be placed at least three feet from the public right-of-way and shall not overhang the sidewalk. Premises occupied by more than one establishment shall share one freestanding sign.

Any sign allowed in a residential district under § 200-34D(1) of this chapter shall be permitted.

Signs in the Planned Industry District.

Two signs for each establishment in a building. No establishment shall affix more than one sign to each wall of the building. The total combined area of such signs shall not exceed 10% of the area of the building face upon which the signs are attached or a maximum of 80 square feet whichever is less. Such signs shall include wall, projecting, marquee signs and awnings.

One freestanding sign identifying the establishment(s) on the premises not to exceed 36 square feet in area and six feet in height. Premises occupied by more than one establishment shall share one freestanding sign. Such sign shall be placed at least three feet from the public right-of-way.

Any sign allowed in a residential district under § 200-34D(1) of this chapter shall be permitted.

One entrance sign identifying the name and occupants of an industrial park or industrial subdivision not to exceed 60 square feet in area and six feet in height.

Signs in the General Commercial District.

One sign for each establishment in a building affixed to one wall of a building. If a building fronts on more than one street, both building faces may be used for all such signs. The total combined area of such signs shall not exceed 10% of the area of the building faces upon which the signs are attached. The total signage on the building shall not exceed 64 square feet. Such signs shall include wall, projecting, marquee signs and awnings.

One identification sign painted or attached to the building for each entrance not on the front of the building not to exceed 10 square feet in area.

One freestanding sign identifying the establishment(s) on the premises not to exceed 64 square feet in area and 15 feet in height. Such sign shall be placed at least three feet from the public right-of-way. Premises occupied by more than one establishment shall share one freestanding sign.

Any sign allowed in a residential district under § 200-34D(1) of this chapter shall be permitted.

Off-premises signs.

Billboards shall be prohibited.

Other off-premises signs may be allowed under a special permit from the Zoning Board of Appeals only if the Board finds that such signs will serve the public convenience, will not endanger the public safety, and will not be detrimental to the neighborhood. Off-premises signs shall only pertain to directional information for establishments located in Greenfield not on a state highway and shall not exceed nine square feet in area and 10 feet in height.

The existence of any off-premises sign shall not necessarily mean that a special permit for an additional off-premises sign shall be granted.

General sign regulations.

Wall signs may be painted on or attached to the wall of a building, shall be in the same plane as the wall, and shall not project from the wall by more than 12 inches.

Projecting signs shall not project more than three feet from the face of the building, shall not project over a public street, and shall have a minimum clearance of eight feet above the sidewalk and 13 feet above an alley, driveway, or private street. Projecting signs shall project from the wall at a ninety-degree angle. Projecting signs shall not extend vertically above the windowsill of the second story and shall not block the visibility of any other sign.

All signs or advertising devices, except time and temperature indicators and barber poles, shall not contain any visibly moving or movable parts.

No sign shall generate music or an audible message.

Dynamic display signs, also known as "electronic message centers," shall be prohibited. Dynamic display signs, also known as "electronic message centers," means any sign designed for outdoor use that is capable of displaying an electronic signal, including, but not limited to, cathode-ray tubes (CRT), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle movement use are exempt from this chapter.

No sign shall be so designed or colored or so placed as to endanger, obscure, confuse, blind by glare, or otherwise create a hazardous condition to motorists or pedestrians, nor shall any sign resemble or conflict with any traffic control signs or signals.

No sign attached to a building shall project horizontally beyond the end of the wall or vertically above its roof or parapet line.

No sign shall be located in a required side or rear yard.

(9)

No freestanding sign shall exceed 15 feet in height unless otherwise specified in this chapter. "Height" is the vertical distance measured from grade at the edge of the adjacent right-of-way to the highest point of the sign.

(10)

Double-sided signs with equal and parallel faces providing identical information on both sides shall be measured on one side only in determining the sign area.

(11)

Signs painted or placed on the inside of a window shall not exceed 20% of the area of the window glass.

(12)

A "marquee" is a permanent roof-like structure attached to, supported by, and projecting from a building and providing protection from the elements. Marquees shall be included in the total area of signage allowed on the face of a building and shall have a minimum clearance of 10 feet above the sidewalk.

(13)

"Awnings" are coverings either permanently attached to the building or which can be raised or retracted to a position against the building when not in use. Any lettering larger than six inches in height or symbols exceeding four square feet in area shall be included in the total area of signage allowed on the face of the building.

(14)

"Awning canopies" are awnings with the long axis projecting perpendicular to the building rather than parallel and requiring posts or poles to support the end of the canopy furthest away from the building. Awning canopies shall require a license from the Greenfield Licensing Commission.

(15)

"Roof canopies" are freestanding structures or structures attached to a building designed to provide pedestrian and vehicular protection, including but not limited to canopies over gas pumps and drive-up windows. Any area of a roof canopy which contains lettering, registered trademarks, symbols, internal illumination, or decorative lights shall be considered signs and shall comply with all the requirements of these sign regulations.

(16)

All signs shall pertain to the identification of the firm and the products or services produced or available on the premises unless the sign is an off-premises sign allowed under a special permit from the Zoning Board of Appeals in accordance with § 200-34E of this chapter.

(17)

All signs shall be taken down and related support structures dismantled within 30 days when a business is no longer in operation.

(18)

Sandwich board signs are permitted directly in front of the place of business in the Central Commercial, Limited Commercial, and General Commercial Districts only. All sandwich board signs shall not exceed three feet in height and two feet in width. The following standards shall apply to sandwich board signs:

No sandwich board sign shall be attached to or leaned against any street furniture, utility facility (including poles and boxes), streetlight or any other sign.

No sandwich board sign shall be placed in such a manner as to reduce the unobstructed path of travel on any sidewalk to less that 48 inches wide, and if the existing unobstructed path of travel of a sidewalk is 48 inches or less in width, no sign shall be placed on said sidewalk.

No sandwich board sign shall be placed within a curb cut or ramp right-of-way installed to provide improved access to a sidewalk for the disabled or block a path to and from the right-of-way.

Sandwich board signs may be displayed only during hours of operation.

Illumination.

Signs may be lighted internally or externally, but illumination shall be shielded or indirect to prevent glare or shining onto any street or adjacent property.

Signs in residential districts may not be illuminated except for signs identifying a place open to the public, such as a church or nursing home, and such signs may be lighted only indirectly and in a manner that will not permit light to shine onto any street or adjacent property.

All lighting shall be continuous and nonflashing.

No sign shall be illuminated between 11:00 p.m. and 7:00 a.m. unless indicating that the establishment is open to the public during those hours.

Temporary signs.

Temporary signs, except real estate, union/labor signs and political signs, relating to a business, service, product or activity on the premises on which the sign is located shall be removed from public view within seven days after the activity advertised has ceased or after 30 days from the date the sign was erected, whichever comes first.

Temporary signs attached to or projecting from the outside of a building or from a freestanding sign which are regularly or occasionally replaced or substituted shall be considered permanent signs and shall be included in the maximum allowable sign area for wall or freestanding signs.

Temporary signs painted or placed on the inside of a window shall be permitted, provided that the total combined area of such signs shall not exceed 20% of the area of window glass.

Decorative displays, such as flags not exceeding 15 square feet and not containing advertising and any American flag, shall be permitted and do not require a sign permit but will require a permit from the Licensing Commission if over a public way.

No private sign or advertisement shall be placed on any public property, including but not limited to buildings, land, fences, utility poles, or trees except by permit of the Greenfield Board of License Commissioners.

One temporary real estate sign shall be allowed in any district advertising the sale or rent of the premises on which the sign is located not exceeding six square feet in area.

One temporary sign per contractor maintained on a lot while the work is actually in progress not exceeding 32 square feet in area is allowed in any district.

Nothing in this section shall in any way replace or expand allowances under the Municipal Tag Sale Ordinance.[1]

Editor's Note: See Ch. 394, Tag Sales.

Exceptions.

The Zoning Board of Appeals may grant a special permit for an exception to the number, height, location, or area requirements of a sign subject to a finding that such sign will promote the public interest and that the size, number, height, location, and design of such sign will not be detrimental to the neighborhood. The following criteria shall be considered when reviewing a special permit request:

The number, height, location, or area of signs should be justifiable because of multiple frontages, development scale, compliance with the regulations would not produce a visually attractive sign, or other special need.

Other public or private signage on nearby properties should not have its visibility unreasonably diminished.

Sign content should identify the specific local enterprise, rather than one of many standard brand products available on the premises.

Sign design should use placement, colors, and form compatible with building design.

Lighting should be steady, stationary, shielded and directed solely at, or internal to, the sign, with brightness not inconsistent with other signs in the vicinity of the City and shall comply with all other requirements of these sign regulations.

The Zoning Board of Appeals may grant a special permit for one freestanding sign for the identification of an open-air use containing no building.

No sign, other than traffic control and route signs authorized by public agencies, shall be placed within a public right-of-way unless a special permit has been granted by the Zoning Board of Appeals with prior written approval from the Greenfield Licensing Commission and the Greenfield Department of Public Works for City/county rights-of-way, and the Massachusetts Department of Public Works for state rights-of-way.

Maintenance. Any broken, worn or illegible elements of a sign awning or canopy shall be promptly repaired, replaced or removed as directed by the Inspector of Buildings in accordance with this chapter and with the State Building Code.

Nonconforming signs. Nonconforming signs or other advertising devices legally erected may continue to be maintained; provided, however, that no such sign or other advertising device shall be permitted if it is enlarged, reworded (other than in the case of theater or cinema signs or time and temperature signs), redesigned or altered in any way, including repainting in a different color, except to conform to the requirements of this chapter, and provided further that any such sign or other advertising device which has been destroyed or damaged or has deteriorated to such an extent that the cost of restoration would exceed 1/3 of the replacement cost of the sign or other advertising device at the time of the restoration shall not be repaired or rebuilt or altered except to conform to the requirements of this chapter. Any sign or other advertising device shall comply with all provisions of these sign regulations, § 200-34, if such sign or advertising device:

Has been abandoned;

Advertises or calls attention to any products, business or activities which are no longer sold or carried on at the particular premises; or

Has not been repaired or properly maintained within 30 days after notice to that effect has been given by the Inspector of Buildings.

Priority development sites.

For any sign allowed as-of-right at a priority development site (PDS), an application therefor shall be submitted to the Inspector of Buildings no later than 150 days following submission of any other permit application(s) required a) by this chapter or b) by the Code, generally, relating to the use or development of land, buildings or structures and not otherwise exempted by MGL c. 43D, and a decision thereon shall be rendered no later than 30 days from said date of submission.

For any sign at a priority development site (PDS) requiring a special permit as per Subsection I, above, an application therefor shall be submitted to the Zoning Board of Appeals simultaneously with any other permit application(s) required a) by this chapter or b) by the Code, generally, relating to the use or development of land, buildings or structures and not otherwise exempted by MGL c. 43D, and a decision thereon shall be rendered no later than 120 days from said date of submission. Upon the issuance of a such a permit, immediately thereafter, but not prior to the expiration of the applicable appeal period, an application for a sign permit shall be submitted to the Inspector of Buildings, who shall render a decision thereon no later than 30 days from said date of submission.

§ 200-35 Performance standards.

Purpose.

The purpose of environmental performance standards is to ensure that any use allowed by right or special permit in any district is conducted in a manner which does not adversely affect the surrounding natural or human environment by creating a dangerous, injurious or objectionable condition.

No use of land or a structure shall be initiated, expanded, or altered in operating procedures so as to create a violation of any of the provisions of this section.

Enforcement.

In enforcing these standards, the Inspector of Buildings may call upon specific standards, technical specifications, and the technical expertise of such appropriate federal, state, or regional agencies having an interest in the specific kind of environmental disturbance under question, including, but not limited to, the Federal Environmental Protection Agency, the Massachusetts Executive Office for Environmental Affairs, the Atomic Energy Commission, the Federal Communications Commission, etc.

The Inspector of Buildings may require that an applicant furnish evidence of probable compliance, whether by example of similar facilities, engineering analysis, or a statement from an independent authority certifying compliance. Issuance of a permit on the basis of that evidence shall certify the City's acceptance of the conformity of the basic structure and equipment, but future equipment changes and operating procedures shall also comply with the provisions of this section.

Standards.

All use and conditions of land, buildings and structures shall be in conformance with all applicable local, state, and federal regulations.

No sound, noise, vibration, odor, or flashing (except for warning devices, temporary construction or maintenance work, parades, agricultural activities, or other special circumstances) shall be observable without instruments in a General Industry or Planned Industry District more than 450 feet from the boundaries of the originating premises, or in a Commercial District more than 200 feet from the boundaries of the originating premises, or in any other district more than 40 feet from the boundaries of the originating premises. However, the Board of Appeals may grant a special permit to allow activities not meeting these standards, in cases where the Board determines that no objectionable condition will thereby be created for the use of other properties. Particularly loud and/or disruptive noises shall be avoided between the hours of 10:00 p.m. and 7:00 a.m.

Generation of dust, dirt, fly ash, fumes, vapors, or gases which cause damage to or irritate human health, animals, or vegetation or which stains or soils property is prohibited.

All materials, supplies and equipment shall be stored in accordance with the Fire Prevention Standards of the National Fire Protection Association and shall be screened from view from public ways or abutting properties.

Illuminated signs, parking lot lighting, or any other exterior lighting shall not create glare or cast observable shadows onto adjacent premises nor shall be directed skyward.

All hazardous materials used, created, stored, processed, disposed of by processing, diluting, burying or containment, leaching or any other manner, or transported (including piping) in the City shall be used, stored or transported in accordance with all applicable federal, state and local regulations.

No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

Whenever the existing contours of the land are altered; grading, site design, and construction shall be designed to prevent soil erosion, sedimentation, uncontrolled surface water runoff or alteration of runoff to or from abutting properties. The primary reasons for having erosion and sedimentation control measures in place are to:

Prevent topsoil from migrating off a construction site,

Protect the City's streets and storm water systems,

Protect adjacent property from siltation, and

[4]

Protect fish and other wildlife from siltation of ponds, lakes, streams and rivers.

Procedure:

These standards shall pertain to all building sites under new construction or redevelopment. The applicant shall submit an erosion and sedimentation control plan to the Inspector of Buildings for approval. If site plan review and approval is required under the Greenfield Zoning Ordinance, an erosion and sedimentation control plan shall be submitted to the reviewing authority along with all other submittal requirements.

The Inspector of Buildings or any of his designees shall conduct a site visit to ensure that all temporary erosion and sedimentation control measures required under this policy are properly installed prior to and maintained throughout construction. Failure to comply with these standards may result in a stop-work order or the revocation of permits.

Erosion of soil and sedimentation shall be minimized by using the following erosion control standards, which are in addition to any erosion control measures required by the Greenfield Conservation Commission as part of the issuance of a wetland-related permit (negative determination of applicability with conditions or an order of conditions). Temporary erosion control measures shall be installed for the following:

[a]

All construction areas that slope toward the road or an abutting property shall require a properly installed siltation fence and/or baled hay barrier to prevent siltation of the roadway or neighboring property.

[b]

All wetland areas shall be protected by a properly installed siltation barrier. Work that occurs in or within 100 feet of a wetland resource area or within 200 feet of a perennial river or stream requires filing with the Greenfield Conservation Commission. In areas outside the jurisdiction of the Conservation Commission but where the ground slopes toward a wetland area, a properly installed siltation fence and/or baled hay barrier shall be required.

[c]

Stockpiles of loam shall be protected by a siltation fence and/or baled hay barrier. Stockpiles that remain on site for longer than 30 days shall also be seeded to prevent erosion. These measures shall remain until all material has been placed or disposed off site.

[4]

The smallest practical area of land shall be disturbed at any one time.

[5]

The duration of exposure of disturbed areas due to stripping of vegetation, soil removal, and regarding shall be kept to a minimum.

[6]

Baled hay barriers and siltation fencing are to be maintained and cleaned until all slopes have a healthy stand of grass or other approved vegetation.

[7]

Baled hay and mulch shall be mowings of acceptable herbaceous growth, free from noxious weeds or woody stems. No salt hay shall be used.

[8]

All disturbed areas shall be loamed and seeded with grass or other approved vegetation.

[9]

After all disturbed areas have been stabilized, the temporary erosion control measures are to be removed. Disturbed areas resulting from removal of the temporary erosion control measures shall be repaired and seeded.

[10]

A temporary mud tracking bed (construction entrance) shall be put in place at each site entrance where necessary. This tracking bed shall consist of a four-inch minimum layer of 1 3/4 inch crushed stone and shall be a minimum of 20 feet in length and 15 feet in width. This bed shall be maintained during construction to prevent tracking or flowing of sediment onto the public right-of-way and shall be removed prior to the placement of a gravel base and pavement.

[11]

It shall be the responsibility of the contractor to control blowing dust and soil. Dust control shall be used during grading operations if the grading is to occur within 500 feet of an occupied residence or place of business and may consist of grading fine soils on calm days only or dampening the ground with water.

[12]

Permanent erosion control and vegetative measures shall be in accordance with the Erosion and Sediment Control and Vegetative Practices in Site Development Guides published by the U.S. Department of Agriculture, Natural Resources Conservation Service.

[13]

The construction of roads or structures on slopes of 15% or greater shall require a special permit from the Planning Board. Such permit shall only be granted if the Board finds that adequate provisions have been made to protect against soil erosion and sedimentation, soil instability and uncontrolled surface water runoff.

§ 200-36 Screening and landscaping.

Any application for a building permit shall comply with the following, unless a special permit is granted by the Board of Appeals for a departure upon its determination that because of peculiarities of the site, alternative arrangements will perform at least equally well in meeting the functional purposes of these provisions.

Areas requiring screening and landscaping.

Screening is required on side and rear lot boundaries of any lot in a commercial, industrial, or health service district for a new or expanded commercial, industrial, professional, institutional or multifamily use where it adjoins a lot with an existing residential use or a lot in a residential district.

Screening is required for all parking lots of five or more parking spaces in accordance with the parking lot landscaping requirements in § 200-35D of this chapter.

Screening may be omitted to the rear of any principal building if abutting properties propose an integrated parking facility provided that a plan showing the entire facility and its proposed screening is submitted at the time of application and is binding on both properties.

Screening is required around any outdoor storage, waste disposal, or utility for any use except single- and two-family uses.

Screening and landscaping design. A screen required under this section shall consist of either:

A continuous border of dense plantings at least four feet wide and not less than four feet high but of sufficient height to interrupt the view between the two sites;

An opaque wall or fence or earthen berm at least five feet in height but not more than six feet in height and landscaped on at least the side facing the abutters. Such landscaping shall include a minimum planting of trees or shrubs five feet on center;

Areas not covered by buildings or pavement shall be maintained in a vegetated cover or organic mulch.

Screening and landscaping maintenance. Such screening and landscaping shall be maintained in good condition at all times to provide an effective visual screen. Screening and landscaping may be interrupted by normal entrances or exits.

§ 200-37 Unregistered motor vehicles.

The keeping of more than one unregistered motor vehicle, assembled or disassembled, except by a person licensed under MGL c. 140, § 59, on any premises shall not be permitted, unless said motor vehicles are stored within an enclosed building.

A special permit to keep more than one unregistered motor vehicle on any premises not within an enclosed building after a duly called public hearing to which all abutters to the premises have received notice, may be granted by the Licensing Commission, if it finds that such is in harmony with the general purposes and intent of this chapter and will not adversely affect the neighborhood or area nor constitute a nuisance.

All such special permits granted shall limit the number of unregistered motor vehicles to be kept on the premises by the permit holder, shall not run with the land, and shall be limited to a reasonable length of time.

This section shall not apply to motor vehicles which are designed and used for farming purposes or to contractor's equipment where contractor's yards are permitted in this chapter.

§ 200-38 Driveways and entrances.

Purpose. The purpose of this section is to provide maximum protection to the public through the orderly control of traffic moving onto and off of streets; uniform design and layout of driveways and entrances; adequate vehicular access to a lot; and adequate drainage of surface water.

Procedures. Construction of any driveway shall require written application to the Department of Public Works including a plan showing the driveway and drainage details. Before approval is granted, the application shall be referred to the Conservation Commission, if necessary. Where the development of a priority development site (PDS) requires an approval hereunder, an application therefor shall be submitted simultaneously with any other permit application(s) required a) by this section or b) by the Code, generally, relating to the use or development of land, buildings or structures and not otherwise exempted by MGL c. 43D, and a decision thereon shall be rendered no later than 180 days from said date of submission.

Design requirements.

Entrances shall be located to the best advantage with regard to street alignment, profile, sight distance and safety conditions as determined by the Department of Public Works.

Driveway grades and locations shall provide for access for vehicles, including fire and police.

Driveways, entrances, and vehicular access to and from a lot shall be through the frontage and access strip except that the Planning Board may issue a special permit allowing driveways, entrances and vehicular access to a lot over any side or rear lot line. It is not intended that this provision allow building on a lot which would not otherwise be buildable because frontage and access requirements cannot be met. Applicants for a special permit shall show that the lot meets all frontage and access requirements of this chapter and of the Greenfield Subdivision Regulations[1] before a special permit may be granted.

Editor’s Note: See Ch. 550, Planning Board, Art. V, Subdivision Regulations.

Entrance width shall be measured at the street line or a minimum distance of 10 feet from the edge of pavement.

	Minimum (feet)	Maximum (feet)
Residential	10	16
All other uses:
One-way	11	20
Two-way	22	30

Wherever possible, entrances are to be set back 50 feet or more from a street corner measured between the nearest edge of the off-street driveway and the cross road edge of pavement except driveways serving parking areas of five or more cars shall be subject to § 200-32C of this chapter.

Driveways shall have a stopping area of no greater than 4% slope for a distance of 12 feet back from the edge of road surface.

Entrances off state highways shall conform to Massachusetts Department of Public Works Standards and Regulations.

Any adjacent disturbed areas shall be graded and stabilized.

(9)

The City reserves the right to inspect the proposed site before, during, and after construction.

(10)

Encourage the use of pervious material for residential driveways - porous pavers, paving stones, porous asphalt, etc. - and the use of a "two-track" design.

Common driveways. The Planning Board may issue a special permit for a common driveway serving up to four lots if the following minimum requirements are met:

An easement providing permanent access for all properties served by the driveway shall be provided upon application and, if approved, recorded in the Registry of Deeds;

The special permit shall state that the driveway is not a private road or a public road, that it does not meet the standards for a City road, and that the driveway shall permanently remain a private driveway;

The grade, length, and location of common driveways shall be constructed and maintained to provide:

Adequate access and turnaround for vehicles, including sanitary and emergency vehicles, year round. A turnaround area shall be provided at the end of the driveway so that vehicles do not need to enter onto adjoining lots. The Planning Board may require passing turnouts depending on the length and design of the proposed driveway;

A width of at least 20 feet. Drainage and culverts may be required where the Planning Board deems necessary;

A maximum grade of 10%;

A maximum length of 500 feet;

The driveway entrance shall be located a minimum of 50 feet from any street intersection;

No parking areas or structures shall be allowed in the driveway right-of-way;

(g)

The Planning Board may require a bituminous concrete surface;

Approval from the Department of Public Works and the Fire Department shall be obtained prior to granting the special permit;

The Planning Board may deny the special permit if it determines that the land being subdivided is better served by individual driveways or subdivision approval under the Greenfield Subdivision Regulations;[2]

Editor’s Note: See Ch. 550, Planning Board, Art. V, Subdivision Regulations.

Ownership and maintenance of a common driveway shall be assured through a restrictive covenant, satisfactory to the Planning Board, which binds current and future owners of each lot served by the common driveway to the responsibility for maintenance, repair and reconstruction of the common driveway. A draft covenant shall be submitted for approval with the special permit application and shall include but not be limited to specific standards for maintenance and repair of the driveway and drainage system, provision for allocating financial responsibility, and a procedure for resolution of disagreements. If the special permit is granted, the covenant shall be recorded at the Registry of Deeds and shall be made part of every deed to every lot served by the common driveway;

The Planning Board may require a performance bond or other security for the completion of the common driveway. Such security shall be posted prior to construction of the driveway. The driveway shall be completed, inspected by the Planning Board, or its designee, and the security released prior to issuance of occupancy permits for the lots served by the common driveway;

It is not intended that common driveways shall service lots which would not otherwise be buildable because frontage and access requirements cannot be met. The applicant shall show that all lots to be served by a common driveway meet the frontage and access requirements of this chapter and of the Greenfield Subdivision Regulations.[3]