The purpose of this chapter is to promote the
health, safety, welfare and convenience of the inhabitants by dividing
the Town of Georgetown into districts and regulating the use and construction
of buildings and premises with a view to encouraging the most appropriate
use of land in the Town.
A.
In accordance with MGL c. 40A, as amended, the Town
of Georgetown is hereby divided into the following districts:[1]
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RA Central Residential [see Map 1, 1972, in
Appendix, p. 4. (Appendix 4). Created 1954, Note 1; reduced by Map
3, 1972, Appendix 6]
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RB Outside Residential B [see Map 3A, 1989,
Appendix 4 and 5. Created 1957, Amdt. No. 2; reduced 1964, Amdt. No.
8; extended in 1972, Map 3 (Appendix 6) Amdt. No. 38; extended 1973,
Amdt. No. 43D; extended 1984, Amdt. No. 63 (Map 20A, Appendix 7);
extended 1987, Amdt. No. 68 (Map 24 Amdt. No. 6); extended 1989, Amdt.
No. 80 (Map 26, Appendix 5)]
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RC Outside Residential C [see Map 2, 1989, Appendix
7, and Map 25, 1987 (Amdt. No. 69, Appendix 7), created 1970, Amdt.
No. 32, 1970 Town Report, Pages 64-66 (70 TR64-66); extended 1978,
Amdt. No. 51; extended 1979, Amdt. No. 53; extended 1987, Amdt. No.
69 (Map 25 Appendix 7); reduced 1989, Amdt. No. 80 (Map 26, Appendix
5)]
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CA Business and Commercial District A (see Map
5, 1988, Appendix 8. Created 1954, Note 1, extended 1966, Amdt. No.
11; extended 1970, Amdt. No. 20; extended 1988, Amdt. No. 74)
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CB Business and Commercial District B (see Map
6, 1959, and Map 21, 1984; Appendix 9. Created 1959, Amdt. No. 5;
extended 1984, Amdt. No. 62, Map 21)
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CC Business and Commercial District C [see Map
7, 1984, Appendix 8. Created 1969, Amdt. No. 16; extended 1973, Amdt.
No. 43B, (see Map 8, Appendix 8); reduced 1984, Amdt. No. 61 (see
Map 7, Appendix 8)]
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IA Light Industrial District A (see Map 9, 1954,
Appendix 10. Created 1954, Note 1)
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IB Light Industrial District B [see Map 10,
1987, Appendix 10. Created 1958, Amdt. No. 3; reduced 1964, Amdt.
No. 8 and Amdt. No. 9; refined 1972, Amdt. No. 39; increased 1984,
Amdt. No. 61 (Map 7, Appendix 8); reduced 1984, Amdt. No. 63 (Map
20A, Appendix 7); reduced 1987, Amdt. No. 68 (Map 24, Appendix 6);
reduced 1987, Amdt. No. 69 (Map 25, Appendix 7)]
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[1]
Editor's Note: The maps, appendices and Town
Reports referred to below are on file in the Town offices. Refer to
the tables at the end of the chapter for the adoption dates and article
numbers of the amendments (Amdt. No.) referred to in the descriptions.
B.
The key map for said maps is Map 12, revised 1989
(Appendix p. 2 and 3)
C.
The Water Resource Districts are shown on Map 22, entitled "Water Resource Districts, Georgetown, Mass., May 6, 1985" (Appendix p. 15 and 16). Said districts are described in § 165-36 (Amdt. No. 66)
D.
The floodplain districts are described in § 165-28. The key map is Map 11, revised May 1, 1980 (Appendix p. 11).
(1)
Map 11, 67 feet, 72 feet. Map in Appendix, Page 11.
Parker River.
[Amended 10-27-1997 STM, Art. 12 (Amdt. No. 121)]
(2)
Map 15, 85 feet, 90 feet. Appendix, Page 12. Parker
River.
(3)
Map 11, 100 feet. Pen Brook.
(4)
Map 11, 90 feet. Pen Brook.
(5)
Map 11, 70 feet. Branch of Parker River.
(6)
Map 11, 87 feet. Branch of Parker River.
(7)
Map 11, 100 feet. Lufkin's Brook.
(8)
Map 11, 130 feet. Branch of Lufkin's Brook.
(9)
Map 17, 83 feet, Appendix, Page 13. Pentucket Pond,
Parker River.
(10)
Map 16q.v. Wheeler Brook, Appendix, page 13.
(11)
Map 15, 21 feet -- 55 feet q.v., Appendix, Page 13.
Jackman Brook.
[Amended 10-27-1997 STM, Art. 12 (Amdt. No. 121)]
(115)
Map 11, 55 feet. Jackman Brook upstream
from Jewett Street.
[Added 10-27-1997 STM, Art. 12 (Amdt. No. 128)]
(12)
Map 11, 70 feet. Hawk Meadow.
[Amended 10-27-1997 STM, Art. 12 (Amdt. No. 121)]
(13)
Map 11, 66 feet. Wheeler Brook, to the earthen dam
located upstream from Jewett Street, thence elevation 68 feet.
[Amended 10-27-1997 STM, Art. 12 (Amdt. No. 121); 6-15-1998 ATM, Art. 31
(Amdt. No. 128)]
(14)
Map 13, 81 feet. Bulford Brook; 80 feet. Pen Brook,
Appendix, Page 13.
(15)
Map 14, q.v. Muddy Brook. Appendix, Page 14.
E.
The Official Map is Map 23 (Appendix p. 18 and 19.
MGL c. 41, § 81E) and was adopted May 7, 1984, Article 24.
Recorded in ESD Plan Book 187, No. 70 and noted in Book 7423, Page
327.
F.
All maps referred to above are in this pamphlet in
the Appendix.
Said districts are described as follows:
A.
RA Central Residential District (Map 1):[2]
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The area bound by a line 150 feet outside the
perimeter formed by the center line of Brook Street, Elm Street, East
Main Street, Pillsbury Lane, Malloy Road, Parsonage Street, North
Street, Mill Street, Old Jacobs Road, King Street, West Main Street,
Bailey Lane, Georgetown Lake Drive, Andover Street, Library Street
and Central Street. (See Map 1.)
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There is excepted therefrom the Business and
Commercial District, the Business and Commercial District B and the
Light Industrial District, all as defined in this bylaw.
[Added 3-3-1970 ATM, Art. 43 (Amdt. No. 21)] | |
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On December 4, 1972, under Article 2 (Amdt.
No. 38), the Town voted to rezone from RA to RB:
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(1)
That part of Lot IA on Sheet 10 of the Assessor's
current map which lies west of a line drawn 150 feet east of the center
line of Pillsbury Lane;
(2)
That part of Lot 22 on Sheet 11 of the Assessor's
current map which lies west of a line drawn 150 feet east of the center
line of Pillsbury Lane;
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Said land so rezoned is shown on a map on file
in the office of the Town Clerk entitled "Land Rezoned to RB December
4, 1972 Town Meeting, Article 2." (See Map 3.)
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These provisions are severable and the invalidity
of one provision shall not affect the validity of any other provision.
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On October 27, 1997, under Article 14 (Amdt.
No. 123), the Town voted to rezone portions of:
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(1)
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Parcels 1, 2, 3, 4, 5, 6, 7, 7B, 8, 9, Map 10A;
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(2)
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Parcels 5, 6, 7, 8, 8A, 9, 10, 11, 12, 13, 14,
Map 10B;
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(3)
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Parcels 10B-5, 10B-6, 10B-7, 10B-8, 10B-9, 10B-10,
10B-11, 10B-12, 10B-13, Map 5-a;
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(4)
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Parcels 10B-13, 10A-1, 10A-2, Map 5.
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(Street addresses are 67, 71, 79, 85, 91, 95,
97, 99, 119, 123, 135, 149, 153, 161, 167, 169, and 171 Central Street
and 29 Brook Street) along the westerly side of Central Street at
the current RC/RA Zone line to the easterly boundary of existing abandoned
railroad, from RC Zoning District to RA Zoning District, in order
to provide a uniform zoning district across each parcel in its entirety.
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[2]
Editor's Note:
A. The Town voted [5-7-1984, ATM Art. 23 (Amdt.
No. 62)] to amend the Zoning Bylaw by rezoning from Residential A
to Commercial B (CB) Lots 1 through 4 on Assessor's Map 10B (being
numbers 45 through 65 Central Street) and also the Central School
Building (being One Library Street) which is shown as Lot 58 on Assessor's
Map 11A; provided that the setback of side line abutting a residential
district shall be 50, not 100, feet. (See Map 21.)
B. The Town voted [6-10-1991 ATM, Art. 22
(Amdt. No. 85)] to rezone from RA to CA the land on the southerly
side of East Main Street including Union Street, bounded westerly
by the western bound or the Town Parking Lot, northerly by East Main
Street southerly by Library Street, and easterly by Union Street.
B.
CA Business and Commercial District (Map 5):
(1)
The northerly side of West Main Street from North
Street to 55 West Main Street, inclusive, for the depth of each lot.
(This includes Lot 168 on Sheet 6C and Lots 32, 31, 30, 29, 28 and
27 on Sheet 11A of 1965 Assessor's Map.)
(2)
Also: The southerly side of West Main Street from
Central Street to School Street for the depth of each lot (being Lots
51, 50, 53, 35 and 36 on Sheet 1 1A).
[Amended 3-3-1970 ATM, Art. 42 (Amdt. No. 20)]
(3)
Also: The northerly side of East Main Street from
North Street to Park Street for the depth of each lot (being Lots
121 and 120 on Sheet 1 1A).
(4)
Also: The southerly side of East Main Street from
Central Street to the westerly side of the Town parking lot, thence
proceeding southerly by said parking lot to Library Street, thence
westerly by Library Street to Central Street, thence proceeding northerly
by Central Street to East Main Street. (See Map 5.)
(5)
Also: The southeasterly side of North Street from
the CA District on East Main Street to the northeasterly side of Lot
122 for the depth of the lot (being Lot 122 on Sheet 1 1A of the Assessor's
Map), provided that no buffer or side or rear yard be required next
to residential district; and to revise Map 5.
[Added 5-5-1988 ATM, Art. 27 (Amdt. No. 74)]
(6)
To rezone from RA to CA the land on the southerly
side of East Main Street including Union Street, bounded westerly
by the western bound of the Town Parking Lot, northerly by East Main
Street southerly by Library Street, and easterly by Union Street.
[Added 6-10-1991 ATM, Art. 22 (Amdt. No. 85)]
C.
CB Business and Commercial District B (Maps 6 and
21)
[Added 3-2-1959 ATM, Art. 17 (Amdt. No. 5)]:
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The area bounded as follows:
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Beginning at the corner of Library Street and
Central Street, thence southerly by Central Street to the northwest
bound of land of Sadie L. Whalen at 80 Central Street, thence easterly
in a straight line to the northeast bound of land of James H. Boynton
et ux at 9 Elm Street, thence northwesterly by East Main Street to
Library Street, thence westerly by Library Street to Central Street.
(See Map 6.)
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Also: The Town voted (May 7, 1984) to amend
the Zoning Bylaw by rezoning from Residential A to Commercial B (CB)
Lots 1 through 4 on Assessor's Map 10B (being numbers 45 through 65
Central Street) and also the Central School Building (being One Library
Street) which is shown as Lot 58 on Assessor's Map 1 1A; provided
that the setback of side line abutting a residential district shall
be 50, not 100, feet. (See Map 21.)
[Added 5-7-1984 ATM, Art. 23 (Amdt. No. 62)] | |
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Rezoning from Commercial B (CB) to Residential A (RA) portions
of land described by the Town's Assessor as Map 10B, Lot 34.
[Added 5-5-2014 ATM,
Art. 40 (Amdt. No. 181)] |
D.
CC Business and Commercial District C (Map 7)
[Added 3-4-1969 ATM, Art. 44 (Amdt. No. 16)]:[3]
(1)
The area bounded northerly by Route 133, easterly
and southerly by the state forest and westerly by Route 95.
(2)
The area bounded easterly by Route 95, southerly by
Route 133, westerly by a line drawn 1,350 feet perpendicularly from
and parallel to the center line of Route 95 as laid out in 1951, and
northerly by a line 600 feet perpendicularly from and parallel to
Tenney Street, including those parts of lots 43 and 44 so measured,
all of lots 63 and 27, and none of lots 29, 28, 26 and 41, all as
shown on sheet 15 of the current Assessor's Map as on file in the
office of the Town Clerk. (Map 8)
[Added 3-19-1973 ATM, Art. 40 (Amdt. No. 43B)]
(3)
[Added 3-19-1973 ATM, Art. 43B (Amdt. No. 43B) repealed 5-7-1984, Art. 22 (Amdt.
No. 61)]
(4)
The area on the southerly side of Route 133 bounded
easterly by the Rowley line, southerly and westerly by the state forest
and northerly by Route 133. (Map 7)
[Added 3-19-1973, Art. 40. (Amdt. No. 43B)]
[3]
Editor's Note:
A. The Town voted to rezone to Industrial
IB that portion of land on the east side of Route 95 from Route 133
north to the intersection of Long Hill Road and Tenney Street which
is now zoned as Commercial CC; namely, the area bounded westerly by
Route 95, northerly by Tenney Street and Long Hill Road, easterly
by a line drawn 1,650 feet perpendicularly from the parallel to the
center line of Route 95 as laid out in 1951, and southerly by the
Rowley line and Route 133. See 5-7-1984 ATM Art. 22 (Amdt. No. 61,
Maps 7 and 10).
B. It was voted on June 14, 1999, under Art.
27 (Amdt. No. 132) to rezone Map 14, Lot 4, 401 East Main Street,
from CC to IB and add Map 35.
C. It was voted on June 14, 1999, under Art.
28 (Amdt. No. 133) to rezone Map 15, Lots 68 and 45, 16 Carleton Drive
from CC torn and Map 15, Lots 43 and 44,4 and 6 Carleton Drive from
CC/RB to IB and add Map 35.
E.
IA Light Industrial District (Map 9):
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The westerly side of Prospect Street for a distance
of 250 feet from West Main Street for the depth of each lot (being
Lots 142 and 141 on Sheet 6C of the 1965 Assessor's Map).
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Also: The southeasterly side of Moulton Street
for a distance of 460 feet from West Main Street to the depth of the
first lot and a depth of 115 feet of the second lot (being Lots 117
and 116 on Sheet 6C).
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Also: The northwesterly side of Moulton Street
from West Main Street to Munroe Street for a depth of 115 feet on
each lot (being Lots 153 and 154 on Sheet 6C).
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F.
IB Light Industrial District B (See Map 10, revised
May 4, 1987.)
[Added 6-16-1958 ATM (Amdt. No. 3)]:[4]
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The area bounded as follows:
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(1)
Beginning at the intersection of Route 95 and the
Newbury Town line, thence proceeding southeasterly by the Town line
to a point that is 1,650 feet perpendicularly from the center line
of Route 95 as laid out in 1951, thence proceeding southwesterly on
a line that is parallel to and 1,650 feet from said center line to
Long Hill Road, thence westerly by Long Hill Road and Tenney Street
to Route 95; thence northeasterly by Route 95 to the point of beginning.
[Amended 3-19-1973 ATM, Art. 40 (Amdt. No. 43C, Map 10)]
(2)
Also: Beginning at a point on Searle Street that is
1,350 feet perpendicularly from said center line of Route 95, thence
proceeding northeasterly on a line that is parallel to and 1,350 feet
from said center line to a point that is 625 feet south of the center
line of Noyes Road as accepted by the Town; thence southeasterly on
a line that is parallel to and 625 feet from said center line of Noyes
Road to Route 95; thence southwesterly by Route 95 to Searle Street,
thence westerly by Searle Street to point of beginning.
[Amended 12-4-1972 STM, Art. 4 (Amdt. No. 39, Map 10); 5-7-1984 ATM, Art. 32
(Amdt. No. 63, Map 20A); 5-4-1987 ATM, Art. 20 (Amdt. No. 69, Map 25); 5-1-1989 ATM, Art. 32 (Amdt. No. 80,
Map 24)]
(3)
Also: The Town voted to rezone to Industrial IB that
portion of land on the east side of Route 95 from Route 133 north
to the intersection of Long Hill Road and Tenney Street which is now
zoned as Commercial CC; namely, the area bounded westerly by Route
95, northerly by Tenney Street and Long Hill Road, easterly by a line
drawn 1650 feet perpendicularly from the parallel to the center line
of Route 95 as laid out in 1951, and southerly by the Rowley line
and Route 133.
[Amended 5-7-1984 ATM, Art. 22 (Amdt. No. 61, Maps 7 and
10)]
(4)
Rezoned CC.
[Amended 3-14-1973 ATM, Art. 40 (Amdt, No. 43C)]
(5)
Is now owned by state Department of Public Works.
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The following is hereby rezoned from IB to RB; the northerly side of Searle Street from the RB District easterly to the northerly side of Searle Street from the RB District easterly to the northeasterly side of Lot 19 of Map 16 of the Assessors' Sheets. There shall be a 100-foot buffer strip as defined in § 165-7 on said Lot 19 for the depth of the lot where it adjoins Lot 20, and further moves to adopt Map 28 showing this change.
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The following is hereby rezoned from IB to RB:
that portion of Lot 46 on Map 16 of the Assessors' Sheet currently
zoned IB with the exception of a 100-foot strip abutting Lot 43 on
same Map 16 which will remain IB.
[Added 6-26-1995 ATM, Art. 13 (Amdt. No. 96)] | |
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Rezone portion of Assessors Map 20, Lot 68C,
from Residential B to Industrial B. Add Map No. 32.
[Added 10-19-1998 STM, Art. 15 (Amdt. No. 131)] | |
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Rezone Map 14, Lot 4, 401 East Main Street,
from Commercial C to Industrial B, and add Map 35
[Added 6-14-1999 ATM, Art. 27 (Amdt. No. 132)] | |
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Rezone Map 15, Lots 68 and 45, 16 Carleton Drive,
from Commercial C to Industrial B and Map 15, Lots 43 and 44, 4 and
6 Carleton Drive, from Commercial C/Residential B to Industrial B,
and add Map 35.
[Added 6-14-1999 ATM, Art. 28 (Amdt. No. 133)] |
[4]
Editor's Note:
A. The Town voted May 7, 1984, [ATM Art. 32
(Amdt. No. 63)] to rezone from IB to RB on the northerly side of Jewett
Street easterly 640 feet on Lot 95 of Map 17 of the Assessor's Sheets
for the depth of the lot; and also on the southerly side of Jewett
Street easterly on Lot 110 to the center line of Wheeler Brook for
the depth of the lot, provided that in neither case shall there be
any setback requirement from the adjoining district, thus permitting
access to and use of the adjoining IB District; and by adding Map
20.
B. On May 1, 1987, under Article 18, (Amdt.
No. 68) the Town voted to rezone from IB to RB the southerly side
of Jewett Street from the center line of Wheeler Brook easterly to
Interstate Route 95, being Lots 108 and 109 of Map 17, A.S.; and Lot
10 of Map 16 and by adding Map 24, April 1, 1987.
C. It was voted May 4, 1987, under Article
20 (Amdt. No. 69) to rezone from [B to RC the areas west of Route
95 and north of Jewett Street shown on AS. Map 17, Lot 86A and Lot
95 and to adopt Map 25.
D. It was voted October 19, 1998, under Article
13 (Amdt. No. 129) to rezone the following parcels from IB to RC:
Assessors Map 20, Lots 2, SG, and 6, provided that for new residential
development on Assessors Map 20, Lot 2, the one-hundred-foot industrial
buffer zone requirements (as defined by Note 6 in the Intensity of
Use Schedule of this Code) between the residential and industrial
zones shall be provided on the residential land. Map 30 was added.
E. It was voted October 19, 1998 under Article
14 (Amdt. No. 130) to rezone the following parcels or portions of
parcels from LB to RB and to add Map No. 31:
(1) Assessors Map 19 Lots 2, 3, 5, 65, 65A,
63A;
(2) Assessors Map 16 Lots 46A, 46B, 46C, 46D,
96, 97, 98, 99;
(3) Provided that no one-hundred-foot industrial
buffer zone (as defined by Note 6 in the Intensity of Use Schedule
of this Code) shall be required for parcels on Assessors Map 17, Lot
101B and Map 17, Lot 100 and Lot 100A between residential and industrial
zones.
F. It was voted June 14, 1999, under Article
31 (Amdt. No. 135) to rezone from IB to RB a portion of a parcel shown
on Map 15 and designated by the Assessors as Lot 48 on Map 16, 350
feet deep parallel to the edge of the right-of-way of Long Hill Road,
provided that for new residential development on those lots the one-hundred-foot
industrial buffer zone requirements (as defined by Note 6 in the Intensity
of Use Schedule of this Code) between the residential and industrial
zones shall be provided on the residential land and further, add Map
36 with note: one-hundred-foot industrial buffer zone requirement
between the residential and industrial zones shall be provided on
the residential land.
G.
RC Outside Residential District C (Map 2 and 25)
[Added 8-10-1970, Art. 1 (Amdt. No. 32)J][5]
(1)
The area bounded on the west and south by the Boxford
Town line; on the north by Pine Plain Road, West Street, Andover Street,
then the RA District; on the east by the RA District, then by a line
drawn 275 feet west of the center line of Central Street, then of
Georgetown Road, being shown on Map 2, revised May 1, 1978.
[Amended 5-1-1978 ATM, Art. 13 (Amdt. No. 51)]
(2)
The area bounded on the west and north by Groveland;
on the south by the RC District; and on the east by the RA District
and then by Bailey Lane.
[Added 5-7-1979 ATM, Art. 18 (Amdt. No. 53)]
(3)
The area bounded on the east by the state forest;
on the north by a line drawn 275 feet south of the center line of
East Main Street, then by the RA District; on the west by the PA District;
then by a line drawn 275 feet East of the center line of Central Street,
being shown on Map 2, revised May 7, 1979.
[Added 5-7-1979 ATM, Art. 18 (Amdt. No. 53)]
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Voted May 4, 1987, under Article 20 to rezone
from IB to RC the areas west of Route 95 and north of Jewett Street
shown on AS. Map 17, Lot 86A and Lot 95 and to adopt Map 25.
[Added 5-4-1987, Art. 20 (Amdt. No. 69)] | |
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Rezone the following parcels from Industrial
B to Residential C: Assessors Map 20, Lots 2, 5G, and 6, provided
that for new residential development on Assessors Map 20, Lot 2, the
one-hundred foot industrial buffer zone requirements (as defined by
Note 6 in the Intensity of Use Schedule of this Code) between the
residential and industrial zones shall be provided on the residential
land. Add Map 30
[Added 10-19-1998 STM, Art. 13 (Amdt. No. 129)] |
[5]
Editor's Note:
A. On May 1, 1989, under Article 32 (Amdt.
No. 80), the Town voted to zone from RC to RB land south of 231 East
Main Street bounded on the east by a wood lane to the State Forest;
on the southwest by the State Forest; on the west and north by Lots
41,40 and 39 of Assessors Sheets, Map 10, being Lot 38 containing
16 acres (Map 26, Appendix Page 7).
B. On October 27, 1997, under Article 14 (Amdt.
No. 123), the Town voted to rezone portions of:
(1) Parcels 1, 2, 3,4, 5, 6, 7, 7B, 8, 9,
Map 10A;
2) Parcels 5, 6, 7, 8, 8A, 9, 10, 11, 12,13,
14, Map 10B;
(3) Parcels 10B-5, 10B-6, 10B-7, 10B-8, 10B-9,
10B-b, 10B-11, 10B-12, 10B-13, Map 5-a;
(4) Parcels 10B-13, 10A-1, 10A-2, Map 5
(Street addresses are 67, 71, 79, 85, 91,
95, 97, 99, 119, 123, 135, 149, 153, 161, 167, 169, and 171 Central
Street and 29 Brook Street) along the westerly side of Central Street
at the current RC/RA Zone line to the easterly boundary of existing
abandoned railroad, from RC to RA, in order to provide a uniform zoning
district across each parcel in its entirety.
H.
RB Outside Residential District (Maps 12 and 3A).[6]
[Added 4-25-1957 ATM (Amdt. No. 2)]
(1)
See also Map 24, Appendix Page 6; Map 8, Appendix
Page 8; and Map 10, Appendix Page 10; Map 20A (with Map 25), Appendix,
Page 7.
(2)
This is defined as that part of the Town not included
in any other district. (See Map 3, May 8, 1973; Map 10, May 7, 1984;
and Map 20, added May 7, 1984. See also vote of December 4, 1972,
noted above under RA District, Map 3.)
(3)
Also the Town voted May 7, 1984, to rezone from IB
to RB on the northerly side of Jewett Street easterly 640 feet on
Lot 95 of Map 17 of the Assessor's Sheets for the depth of the lot;
and also on the southerly side of Jewett Street easterly on Lot 110
to the center line of Wheeler Brook for the depth of the lot, provided
that in neither case shall there be any setback requirement from the
adjoining district, thus permitting access to and use of the adjoining
IB District; and by adding Map 20.
[Added 5-7-1984 ATM, Art. 32 (Amdt. No. 63)]
(4)
On May 1, 1989, under Article 32, voted to zone from
RC to RB land south of 231 East Main Street bounded on the east by
a wood lane to the State Forest; on the southwest by the State Forest;
on the west and north by Lots 41, 40 and 39 of Assessor's Sheets,
Map 10, being Lot 38 containing 16 acres. (Map 26, Appendix Page 7)
[Amended 5-1-1989 ATM, Art. 32 (Amdt. No. 80)]
(5)
On May 1, 1987, under Article 18, voted to rezone
from IB to RB the southerly side of Jewett Street from the center
line of Wheeler Brook easterly to Interstate Route 95, being Lots
108 and 109 of Map 17, A.S.; and Lot 10 of Map 16 and by adding Map
24, April 1, 1987.
[Amended 5-4-1987 ATM, Art. 18 (Amdt. No. 68)]
(6)
Rezone the following parcels or portions of parcels
from Industrial B to Residential B:
[Added 10-19-1998 STM, Art. 14 (Amdt. No. 130)]
(a)
Assessors Map 19 Lots 2, 3, 5, 65, 65A, 63A;
(b)
Assessors Map 16 Lots 46A,46B, 46C,46D, 96,
97, 98, 99;
(c)
Provided that no one-hundred foot industrial
buffer zone (as defined by Note 6 in the Intensity of Use Schedule
of this Code) shall be required for parcels on Assessors Map 17, Lot
101B and Map 17, Lot 100 and Lot 100A between residential and industrial
zones.
(d)
Add Map No. 31.
(7)
Rezone from Industrial B to Residential B a portion
of a parcel shown on Map 15 and designated by the Assessors as Lot
48 on Map 16, 350 feet deep parallel to the edge of the right-of-way
of Long Hill Road, provided that for new residential development on
those lots the one-hundred-foot industrial buffer zone requirements
(as defined by Note 6 in the Intensity of Use Schedule of this Code)
between the residential and industrial zones shall be provided on
the residential land and further, add Map 36 with note: one-hundred
foot industrial buffer zone requirement between the residential and
industrial zones shall be provided on the residential land.
[Added 6-14-1999 ATM, Art. 31 (Amdt. No. 135)]
[6]
Editor's Note:
A. The Town voted 10-22-1991 STM, Art. 5 (Amdt.
No. 86) to rezone from IB to RB the northerly side of Searle Street
from the RB District easterly to the northerly side of Searte Street
from the RB District easterly to the northeasterly side of Lot 19
of Map 16 of the Assessors' Sheets and also voted that there shall
be a 100-foot buffer strip as defined in ~ 165-7 on said Lot 19 for
the depth of the lot where it adjoins Lot 20, and further moved to
adopt Map 28 showing this change.
B. The Town voted 6-26-1995 ATM, Art. 13 (Amdt.
No. 96) to rezone the following from LB to RB: that portion of Lot
46 on Map 16 of the Assessors' Sheet currently zoned IB with the exception
of a 100-foot strip abutting Lot 42 on same Map 16, which will remain
LB.
C. The Town voted 10-19-1998 STM, Art. 15
(Amdt. No. 131) to rezone a portion of Assessors Map 20, Lot 68C,
from RB to LB and to add Map No. 32.
[1]
Editor's Note: References in this section
to various maps refer to the maps which are on file in the office
of the Planning Board.
[Added 3-19-1973 ATM, Art. 37 (Amdt. No. 41)]
No building shall hereafter be erected or altered
to accommodate or house a greater number of families; to occupy a
greater percentage of lot area; or to have narrower or smaller rear
yards, front yards, side yards, inner or outer courts than is specified
herein for the district in which such building is located.
[Amended 4-6-1970 ATM, Art. 8 (Amdt. No. 28)]
Terms used in this chapter shall have the meaning given them in § 165-7.
The invalidity of any section of this chapter
shall not invalidate any other section or provision hereof.
[Added 4-6-1970 ATM, Art. 8 (Amdt. No. 29)]
A.
Word usage. Words used in the present tense include
the future, and the plural includes the singular; the word "lot" includes
the word "plot"; the word "building" includes the word "structure";
the word "shall" is intended to be mandatory; "occupied" or "used"
shall be considered as though followed by the "person" includes a
corporation as well as an individual.
B.
ACCESSORY USE
ADULT BOOKSTORE
ADULT MOTION PICTURE THEATER
ALTERATIONS
AMUSEMENT, INDOOR
AMUSEMENT, OUTDOOR
APARTMENT HOUSE
AREA, BUILDING
AREA, NET SITE
ASSISTED LIVING/CONGREGATE CARE FACILITY
AUTO COURT
AUTO SALES AND SERVICE
BASEMENT
BED AND BREAKFAST
BIG BOX RETAIL ESTABLISHMENT
BOARDINGHOUSE
BOATHOUSE, PRIVATE
BUFFER ZONE
BUILDING
BUILDING, ACCESSORY
BUILDING, DETACHED
BUILDING, FRONT LINE OF
BUILDING HEIGHT
BUILDING, PRINCIPAL
BULK STORAGE
(1)
(2)
(3)
(4)
BUSINESS OFFICES
CAMP
(1)
(2)
CAMPING GROUND
CELLAR
CLUB
CONDOMINIUM, RESIDENTIAL
CONTINUOUS BUILDING AREA
COOPERATIVE, RESIDENTIAL
COVERAGE
DOG KENNEL
DUMP
DWELLING
DWELLING, MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING UNIT, RESIDENTIAL
EDUCATIONAL
ERECT
FAMILY
FARM
FILLING STATION
FLOOR AREA OF A BUILDING
FLOOR AREA, LIVABLE
FLOOR AREA RATIO
GARAGE, PRIVATE
GARAGE, PUBLIC
GRANGE
HOME OCCUPATION
(1)
(a)
(b)
(c)
(d)
[1]
[2]
[3]
[4]
(2)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
HOTELS, MOTELS AND INNS
HOUSE TRAILER
INDOOR ICE-SKATING ARENA
JUNK
JUNKYARD
LIGHT INDUSTRY
LINE, STREET
LODGE BUILDING
LOT
LOT, CORNER
LOT, DEPTH OF
LOT FRONTAGE
(1)
(2)
(3)
(4)
(5)
LOT, INTERIOR
LOT LINES
LOT, THROUGH
MAJOR OUTDOOR ACTIVE RECREATIONAL FACILITY
MEDICAL OFFICE
MINOR OUTDOOR PRIVATE ACTIVE RECREATIONAL FACILITY
MINOR OUTDOOR PUBLIC ACTIVE RECREATIONAL FACILITY
MIXED-USE
MOTOR VEHICLE REPAIR SHOP
MUNICIPAL BUILDING
NONCONFORMING USE
NURSERY SCHOOL
NURSING HOME, CONVALESCENT HOME, REST HOME
OCCUPANCY PERMIT
OPEN SPACE
OPEN SPACE RESIDENTIAL DEVELOPMENT
OUTDOOR PASSIVE RECREATIONAL FACILITY
PARKING, PRIVATE
PARKING SPACE
PARKING SPACE - COMPACT
PIPE ORGAN MAKING
PORCH, OPEN
PRIVATE EDUCATIONAL
PUBLIC UTILITY
QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING
RESEARCH AND DEVELOPMENT FACILITY
RESTAURANT
RESTAURANT, WITH A DRIVE-THROUGH FACILITY
RIDING ACADEMY
ROADSIDE STAND
SIGN
SIGN, AREA OF
STABLE, PRIVATE
STABLE, PUBLIC
STORAGE FACILITIES, RENTAL
STORAGE CONTAINERS/TRAILERS
STREET
STREET GRADE
STRUCTURE
TEMPORARY STRUCTURE
TOURIST HOME
TOXIC OR HAZARDOUS MATERIALS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
TRANSFER STATION
TRANSFER STATION, LARGE
TRANSFER STATION, SMALL
TRANSPORT TERMINAL
USE
WAREHOUSE AND OPEN STORAGE
WHOLESALING
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
In this chapter the following terms, unless a contrary
meaning is required by the context or is specifically prescribed,
shall have the following meanings:
A use customarily incidental and subordinate to the principal
use or building and located in the same lot with such principal use
or building. In buildings restricted to residential use, the office
of a professional man, customary family occupations and workshops
not conducted for compensation, shall be deemed "accessory uses."
An enclosed building as described in MGL c. 40A, § 9A,
as amended by Section 1 of Chapter 603 of the Acts of 1982.
[Added 5-2-1983 ATM, Art. 23 (Amdt. No. 60)]
An enclosed building as described in MGL c.40A, § 9A.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Movie theater, bowling alley or other commercial recreation
wholly carried on indoors.
Drive-in theater, golf driving range or other commercial
recreation carried on in whole or in part outdoors.
A building arranged, intended or designed to be occupied
by four or more families, living independently of each other.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
The total area within the property lines excluding external
streets.
A residential development containing multifamily dwellings
designed for and principally occupied by senior citizens. Such facilities
may include independent living, congregate care, or institutional
care services such as medical or nursing facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term "auto court" includes buildings
designated as tourist courts, motor lodges, motels and by similar
appellation.
Premises for first and second class license for auto sales
and service.
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A "basement"
shall be counted as a story for the purpose of floor area measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes.
A single-family residence with one or more rooms for the
use of one or more individuals not living as a single household unit
and not having individual cooking facilities. A bed and breakfast
use may offer meals to its overnight guests. The bed and breakfast
facility shall be accessory to the principle use as a permanent owner-occupied
residence. The maximum duration of any tenant shall not exceed 15
consecutive days. The number of rooms for rent shall be determined
by the Zoning Board of Appeals based on off-street parking availability,
vehicular access and egress, and shall not exceed 35% of the gross
living space in the principle structure.
[Added 6-16-1997 ATM, Art. 52 (Amdt. No. 109); amended
5-4-2009 ATM, Art. 24 (Amdt. No. 168)]
Except for grocery establishments up to 75,000 SF that devote
at least 75% of sales floor area to the sale of food items, a big
box retail establishment is a singular retail establishment that involves
construction or use of a singular retail sales establishment that
is greater than 50,000 gross square feet in floor area.
[Added 5-4-2009 ATM, Art. 26 (Amdt. No. 170)]
Any dwelling in which more than two persons either individually
or as families are housed or lodged for hire with or without meals.
A rooming house or a furnished rooming house shall be deemed a "boardinghouse"
if none but single rooms, with or without bath and cooking facilities,
are offered to let.
A facility for the storage of boats for private use and not
for hire.
A strip established to separate and protect one type of zoning
from another which shall remain free of all structures, parking, pavement
or any other use excepting landscaping. The landscaped area shall
be designed to screen from view the uses in one zoning district from
another using natural materials.
[Added 5-6-1985 ATM, Art. 22 (Amdt. No. 65); amended 6-16-1997 ATM, Art. 59
(Amdt. No. 115)]
A structure forming a shelter for persons, animals, property
or activity and having a roof. Where appropriate in the context the
word "building" shall include the principal accessory uses to which
the building is put.
[Amended 5-2-1988 ATM, Art. 25 (Amdt. No. 73); 5-1-2006 ATM, Art. 35
(Amdt. No. 158); 5-6-2019 ATM, Art. 17 (Amdt. 190)]
A supplemental building or a portion of the main building,
the use of which is incidental to that of a main or principal building
and located on the same lot therewith.
A building surrounded by open space on the same lot as the
building.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or unenclosed but does not include steps.
The vertical distance from either: 1) the average undisturbed existing natural grade at the foundation of the building to the top of the roof ridge, or 2) the average finished grade at the foundation of the building to the top of the roof ridge, whichever is less. The average undisturbed existing natural grade or finished grade shall be established by averaging the grade six feet from the four main building corners and their midpoints. The limitation of building height in feet, as provided in § 165-3, Attachment 3 - Intensity of Use Schedule,[1] shall not apply to chimneys, ventilators, skylights, bulkheads
and other necessary features usually carried above roofs and specific
to the building.
[Added 5-1-2006 ATM, Art. 35 (Amdt. No. 158); amended 5-2-2011 ATM, Art. 37
(Amdt. No. 174); 5-6-2019 ATM, Art. 17 (Amdt. 190)]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Exposed storage tanks for oil, gas, etc.; outside
storage of sand, lumber or other bulk materials.
For the purpose of this Code, the bulk storage
of raw materials or finished goods must be directly related and accessory
to the operations of the primary business located on the lot. The
use of a lot for the primary purpose of bulk storage is prohibited
in all districts.
[Added 6-16-1997 ATM, Art. 45 (Amdt. No. 103)]
Further, for the purpose of this Bylaw, bulk
storage of materials shall only be permitted on lots zoned Industrial
A, Industrial B, and Commercial C, and must be directly related to
the operations of the primary business located on said lots. In all
instances, bulk storage shall be a customary accessory use, and in
no instance be permitted as the primary use of the lot. In no instance
shall bulk storage exceed 1/3 of the permitted maximum lot coverage.
[Added 10-27-1997 STM, Art. 7 (Amdt. No. 118)]
This does not exempt an owner from any set back,
open space or lot coverage requirements. Any area designated as bulk
storage must be calculated as part of maximum lot coverage. (Example):
For the districts, the maximum lot coverage is 60%. If a primary building
uses 1/2 of the sixty-percent coverage maximum (thirty-percent building
coverage), and the parking and access ways use an additional 1/4 of
the sixty-percent coverage maximum, then the remaining area allowed
for accessory bulk storage can be no larger than 1/4 of the sixty-percent
coverage maximum or 15% of the total lot area. In the example above,
the maximum bulk storage area is 1/3 of the primary use lot coverage
and thus is permitted. A 2:1 primary use to accessory bulk storage
ratio is the highest configuration that can be attained on any industrial
lot.
[Added 10-27-1997 STM, Art. 7 (Amdt. No. 118)]
A facility for the transaction of business exclusive of the
receipt, sale or processing of merchandise.
Any one or more of the following, other than a hospital,
place of detention or school offering general instruction:
Any area of land or water on which are located
two or more cabins, tents, shelters or other accommodations of a design
or character suitable for seasonal or other more or less temporary
living purposes, regardless of whether such structures or other accommodations
actually are occupied seasonally or otherwise; or
Any land, including buildings thereon, used
for any assembly of persons for what is commonly known as "day camp"
purposes; and any of the foregoing establishments whether or not conducted
for profit and whether or not occupied by adults or by children either
as individuals, families or groups.
A parcel of land used or intended to be used, let or rented
for occupancy by campers or for occupancy by or of tents or movable
or temporary dwellings, rooms or sleeping quarters of any kind.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible livable floor
area.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, provided that there are
no vending stands, merchandising or commercial activities except as
required generally for the membership and purposes of such club.
A single-family real estate unit in a multifamily unit development
in which a person has both separate ownership of a unit and a common
interest along with the development's other owners, in the common
areas.
[Added 10-23-2000 STM, Art. 13 (Amdt. No. 144)]
That portion of a lot comprised exclusively of connected upland and consisting of such upland square footage/acreage equal to or greater than the minimum lot size requirement for the zoning district in which the lot is situated; said upland shall exclude any freshwater wetland as delineated per Chapter 161, Wetlands Protection, and any pond or stream.
[Added 6-11-1990 ATM, Art. 37 (Amdt. No. 82); amended 5-7-2018 ATM, Art. 25 (Amdt. No. 187)]
A single-family real estate unit in a multifamily unit development
in which a person has both separate ownership of a unit and a common
interest along with the development's other owners, in common areas.
[Added 10-23-2000 STM, Art. 13 (Amdt. No. 144)]
That percentage of the plot or lot area covered by the building
area and paved area.
[Amended 5-1-1989 ATM, Art. 19 (Amdt. No. 76)]
A structure used for the harboring of more than three dogs
that are more than six months old.
A lot of land or part thereof used for the disposal by abandonment,
dumping, burial, burning or any other means and for whatever purpose
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof or waste material of any kind.
A building designed or used exclusively as the living quarters
for one or more families.
A building used or designed as a residence for two or three
families living independently of each other and doing their own cooking
therein, but which may have joint services and facilities or both.
A detached building containing one dwelling unit only and
having two side yards.
[Added 10-23-2000 STM, Art. 13 (Amdt. No. 144)]
Living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking, and sanitation,
whether in a complete, individual unit or a unit sharing common facilities.
This definition includes units in an apartment house, multiple-family
dwelling, single-family dwelling, residential condominium, and residential
cooperative.
[Added 10-23-2000 STM, Art. 13 (Amdt. No. 144)]
An educational purpose on land owned or leased by the commonwealth
or any of its agencies, subdivisions or bodies political or by a religious
sect or denomination or by a nonprofit educational corporation, all
as provided by MGL c. 40, § 3.
[Added 5-4-1974 ATM, Art. 27 (Amdt. No. 46D)]
To build, construct, reconstruct, move upon or conduct any
physical development of the premises required for a building. To excavate,
fill, drain and the like preparation for building shall also be considered
to "erect."
One or more persons occupying a dwelling unit and living,
sleeping, cooking and eating on the same premises as a single housekeeping
unit.
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. It includes necessary farm structures
within the prescribed limits and the storage of equipment used. It
excludes the raising of fur-bearing animals, hogs, riding academies,
livery or boarding stables and dog kennels. Land divided by a public
or private way or a waterway shall be construed as one parcel.
[Amended 5-2-1977 ATM, Art. 13 (Amdt. No. 50)]
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying
or otherwise cleaning or servicing such motor vehicles. Such use shall
not include bodywork or the painting of vehicles for other than minor
repair work.
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar floor area but including the area of basements, roofed porches
and roofed terraces. All dimensions shall be measured between exterior
faces of walls.
The sum of the gross horizontal area of the floors of a dwelling
used or intended to be used for living, sleeping, cooking or eating
purposes, excluding cellar and basement areas having window areas
equal to less than 10% of the floor area, bathrooms, toilets, laundries,
pantries, foyers, communicating corridors, stairways, closets, storage
spaces, garages, breezeways, carports, porches and any area with less
than five feet clear headroom under sloping ceiling.
The ratio of the total gross floor area of a building or
buildings on one lot to the total area of the lot.
A garage used for storage purposes only and having a capacity
of not more than three automobiles. Space thereon may be used for
not more than one commercial vehicle not to exceed two-ton capacity,
and space may be rented for not more than one vehicle of other than
the occupants of the building to which such garage is accessory.
Any garage not a private garage, which is used for storage,
repair, rental, servicing or supplying of gasoline or oil to motor
vehicles and/or the sale of new and used cars.
A place containing less than five acres which is used for
the primary purpose of agriculture, horticulture or floriculture.
It excludes the raising of fur-bearing animals, hogs, riding academies,
livery or boarding stables and dog kennels.
[Added 5-2-1977 ATM, Art. 13 (Amdt. No. 50)]
An occupation or a profession which:
Is customarily carried on in a dwelling unit
or in a building or other structure accessory to a dwelling unit.
Is carried on by a member of the family residing
in the dwelling unit.
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes.
Conforms to the following additional conditions:
The occupation or profession shall be carried
on wholly within the principal building or within a building or other
structure accessory thereto.
Not more than one person outside the family
shall be employed in the home occupation.
There shall be no exterior display, no exterior sign except as permitted under Article X, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
No offensive noise, vibration, smoke, dust,
odors, heat or glare shall be produced.
In particular, a "home occupation" includes
but is not limited to the following: art studio; dressmaker; or professional
office of a physician, dentist, lawyer, engineer, architect or accountant
within a dwelling occupied by the same.
However, a "home occupation" shall not be interpreted
to include the following:
Tourist home.
Barbershops and beauty parlors.
Commercial stables and kennels.
Real estate offices.
Restaurants and tea rooms.
Dancing instruction.
Band instrument instruction.
Convalescent homes.
Mortuary establishments.
Stores, trades or business not herein excepted.
A building intended and designed for transient or overnight
occupancy divided into separate units within the same building. A
hotel, motel or inn may have public dining room or function facilities.
[Added 6-16-1997 ATM, Art. 52 (Amdt. No. 109)]
Any portable or mobile vehicle used or designed to be used
for living purposes and standing on wheels or on rigid supports.[2]
A structure designed to provide a facility for totally enclosed
ice skating and the associated activities and services.
[Added 3-19-1973 ATM, Art. 29 (Amdt. No. 6)]
Any article or material or collection thereof which is worn
out, cast off or discarded and which is ready for destruction or has
been collected or stored for salvage or conversion. Any article or
material which unaltered or unchanged and without further reconditioning
can be used for its original purpose as readily as when new shall
not be considered "junk."
The use of any area of any lot, whether inside or outside
a building, for the storage, keeping or abandonment of junk or scrap
or discarded materials, or the dismantling, demolition or abandonment
of automobile(s) or other vehicle(s) or machinery or parts thereof.
Fabrication, assembly, processing, finishing work or packaging
in such a manner that noise, dust, odor, vibration and similar objectionable
features are confined to the premises.
The dividing line between the street right-of-way and the
lot.
Structure occupied by a nonprofit social or civic organization.
A parcel of land occupied or to be occupied by one main building
or use and its accessory buildings, or by a dwelling group and its
accessory buildings, together with such open spaces as are required
under the provisions of this chapter, having not less than the minimum
area and width required by this chapter for a lot in the district
in which such land is situated and having its principal frontage on
a street or on such other means of access as may be determined in
accordance with the provisions of the law to be adequate as a condition
of the issuance of a building permit for a building on such land.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street shall be considered a "corner lot" if the tangents to the curve
at the points of intersection of the side lot lines intersect at an
interior angle of less than 135°.
The main distance from the street line of the lot to its
opposite rear line measured in the general direction of the side lines
of the lot.
That portion of a lot fronting on a street or way, said frontage
to be measured continuously along one street line between its side
lot lines and their intersection with the street line; no less than
75% of the required frontage width is to be maintained to a perpendicular
depth equal to the minimum front yard requirements for that district,
and no less than 25% of the required frontage width is to be maintained
to a perpendicular depth equal to the minimum lot depth requirement
for that district. On a curve, the perpendicular depth shall be measured
from a straight line drawn between the side bounds tangent to the
most center point of the curve. Such street shall be either a way
shown on the Official Map, or a way shown on an approved subdivision
plan. The grade of a driveway shall be no greater than 12% starting
at the edge of the right-of-way and extending back for the first 25
feet of the lot.
[Amended 5-4-1974 ATM, Art. 27 (Amdt. No. 46B); 5-6-1985 ATM, Art. 21
(Amdt. No. 64); 5-4-1992 ATM, Art. 17 (Amdt. No. 87); 5-2-1994 ATM, Art. 28 (Amdt. No. 91); 6-16-1997 ATM, Art. 61
(Amdt. No. 117]
There shall be frontage adequate to serve each lot identified on a subdivision plan or any unbuilt-upon lot which has frontage on an existing approved public way which is brought before the Planning Board for its approval or endorsement. "Frontage adequate to serve each lot" is defined as that frontage distance required by §§ 165-81 and 165-7 of this chapter, as amended, and, that no less than 30 feet of frontage of each such lot shall, in the opinion of the Planning Board, provide safe convenient access and egress to serve the future residents of the property, and, in the opinion of the Fire and Police Chiefs, provide access suitable for emergency vehicles such as the ladder truck, police vehicles and those of other agencies charged with responsibility for protecting the public peace, safety and welfare.
The Planning Board shall consider the existing
condition of each lot's frontage, such as soils, water table, floodplain,
slope, elevation and any other naturally occurring or constructed
barriers and the opinions of the Police and Fire Chiefs in making
its determination of "frontage adequate to serve each lot."
If, in the opinion of the Planning Board, the
lot does not possess frontage adequate to serve each lot, the Planning
Board shall render its reasons in writing to the developer. The developer
or assigned agent may then propose, using engineered drawings and
designs for explanation, as to how the lot's frontage physical characteristics
may be modified so as to meet the intended purpose of this section.
The developer is required to show on the engineered drawings, the
location (footprint) of the proposed buildings and proposed changes
in the frontage. Upon gaining the positive opinion of its members
that frontage adequate to serve each lot can be obtained as shown
on the engineered drawings, the Planning Board may approve or endorse
the plan brought before the Board.
The Planning Board may waive construction of
the frontage adequate to serve each lot, subject to the granting of
a special permit by the Planning Board for construction of a common
drive.
Drive, common. Subject to the granting of a
special permit by the Planning Board, a common drive may be constructed
and shared by not more than three lots, so long as the common drive
is located entirely within the lots being served. Every such common
drive must be shown on an engineered plan and must be regulated by
a recorded maintenance agreement which is satisfactory to the Planning
Board and Town Counsel and which runs in perpetuity with the land.
The Planning Board shall impose such conditions, to be made part of
the special permit, as are necessary to provide access adequate to
serve each lot, including conditions that assign responsibility for
maintenance and snow removal.
A lot other than a corner lot.
The lines bounding a lot as defined herein.
An interior lot having frontage on two parallel or approximately
parallel streets.[3]
A major outdoor active recreational facility, owned and operated
by a public or private interest or agency, shall be defined as being
five or more contiguous acres of active recreational uses, and such
facility may contain more than one active recreational field. The
principle use of such facilities shall include, but not be limited
to: active recreational fields used for organized sports, courts,
playgrounds, rinks, boat launches and all associated concessions,
bathroom and off-street parking facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
Suite of rooms, including a laboratory, where a physician
or group of medical practitioners receive and treat patients on an
on-going basis and otherwise provide health services to consumers.
[Added 5-4-2015 ATM,
Art. 25 (Amdt. No. 182)]
A minor outdoor active recreational facility, owned and operated
by private interest or agency, shall be defined as being less than
five contiguous acres of active recreational uses, and such facility
shall contain not more than one active recreational field. The principle
use of such facilities shall include, but not be limited to: an active
recreational field used for organized sports, courts, playgrounds,
boat launches and all associated concessions, bathroom and off-street
parking facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
A minor outdoor active recreational facility, owned and operated
by a public or nonprofit interest or agency, shall be defined as being
less than five contiguous acres of active recreational uses, and such
facility shall contain not more than one active recreational field.
The principle use of such facilities shall include, but not be limited
to: an active recreational field used for organized sports, courts,
playgrounds, boat launches and all associated concessions, bathroom
and off-street parking facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
A single building containing more than one type of land use
where the ground-floor or street-level use of the building is a commercial
use and a residential use is only located above the ground-floor or
street-level of the building.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles. For the
purposes of this Code, a motor vehicle repair shop shall include primary
uses intended for the repair of small motor engines, e.g., lawn mowers
and boat motors, and the repair and maintenance of all other types
of engines or power equipment.
[Amended 6-16-1997 ATM, Art. 43 (Amdt. No. 101)]
This shall include a public safety building for police and
fire, in which case it may have less than 160 feet frontage and less
than 50 feet buffer zone when abutting a residential district; and
in which case the Board of Selectmen may by special permit waiver
any other provisions of this chapter.
[Added 11-4-1985 STM, Art. 7 (Amdt. No. 67)]
A building or land lawfully occupied at the time of the adoption
or subsequent amendment of this chapter by a use that does not conform
to the regulations of the district in which it is situated.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
An institution, or distinct part of an institution, which
is licensed or approved by the Massachusetts Department of Public
Health to provide twenty-four-hour health care under medical supervision
to individuals who, by reason of advanced age, chronic illness, or
infirmity, are unable to care for themselves.
[Amended 10-27-1997 STM, Art. 10 (Amdt. No. 120)]
A permit issued by the Building Inspector authorizing the
occupancy and the use of land and/or structures and buildings.
An unoccupied space open to the sky on the same lot with
a building, free of all structures, parking, pavement or other uses
that preclude landscaping.
Method of planning residential development that conserves
open space in a manner that maximizes the protection of natural resources
(wetlands, forests, agriculture lands, open space) while providing
for new construction and adequately compensating landowners.
[Added 5-4-2015 ATM,
Art. 25 (Amdt. No. 182)]
An outdoor passive recreational facility shall be for the
general use of the public and include, but not be limited to: public
recreational trails, bikeways, beaches, passive boating and picnic
areas and all associated off-street parking facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
Space for parking accessory to principal use, not to include
parking for fee or parking of more than one commercial vehicle except
on farms.
The area required for parking one automobile which in this
chapter is held to be an area nine feet wide and 20 feet long, not
including passageways. The area provided for parking, including passageways,
in industrial and commercial districts and apartments shall be paved
as provided in subdivision regulations.[4] This may be waived or modified by the Building Inspector
upon recommendation of site plan review.
[Amended 5-2-1988 ATM, Art. 24 (Amdt. No. 72)]
All off-street parking areas with 20 or more parking spaces
may have up to 25% of the spaces designed for compact cars, said spaces
shall be eight feet wide by 16 feet in length.
[Added 6-16-1997 ATM, Art. 49 (Amdt. No. 106)]
The craft of fabricating, assembling, processing, finishing,
packaging or rebuilding pipe organs in such a manner that dust, odor
and vibrations are confined to the premises. It shall not include
the exterior storage of materials used in the craft. It shall include
the manufacture of harpsichords.[5]
[Added 4-16-1970 ATM, Art. 9 (Amdt. No. 31)]
A porch that has no walls or windows other than that of the
main building to which it is attached.
Any other educational purpose which is not defined in the definition of "educational" in this § 165-7.
[Added 5-4-1974 ATM, Art. 27 (Amdt. No. 46D)]
A public service corporation; except that no special permit
is required to lay telephone cables, gas mains or electric lines providing
service to retail or wholesale customers.
[Added 5-2-1977, Art. 13 (Amdt. No. 50)]
A lot of land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale or for sale or for use at
a site removed from said lot, exclusive of the process of grading
a lot preparatory to the construction of a building for which application
for a building permit has been made.
A laboratory which engages in research, experimental testing
activities, including, but not limited to, the fields of biology,
chemistry, electronics, engineering, geology, medicine and physics.
Production is allowed as an accessory use, but the primary use of
the facility is for research and research related offices and laboratories.
[Added 6-16-1997 ATM, Art. 60 (Amdt. No. 116)]
A structure for indoor sale and consumption of meals. Does
not include drive-ins.
A restaurant, as defined by this Code, that also has a drive-through
facility for the dispensing of food to customers ordering and receiving
food while remaining in their automobiles.
[Added 6-26-1995 ATM, Art. 10 (Amdt. No. 95); amended 6-16-1997 ATM, Art. 44
(Amdt. No. 102)]
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association or similar establishment.
A structure of a semipermanent type or of a temporary nature
located in an agricultural district or one in which agricultural uses
are allowed, from which products, the major portion of which are produced
on the premises, are offered for sale to the public.
Any structure or part thereof attached thereto or painted
or represented thereon which shall display or include any letter work,
model, banner, flag, pennant, insignia, device or representation used
to indicate the person occupying the premises on which the sign is
erected or maintained, or the businesses transacted thereon, or advertise
the sale or rent of the property. The word "sign" does not include
the flag, pennant or insignia of any nation, state or other political
unit or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive, movement or
event.
[Amended 6-16-1997 ATM, Art. 46 (Amdt. No. 104)]
The area of a freestanding sign shall be considered to include
all lettering, wording and accompanying designs and symbols, together
with the background, whether open or enclosed, on which they are displayed.
The supporting framework, open or enclosed, may be part of the design,
but for purposes of this chapter shall not be considered part of the
"sign area" unless used for lettering, wording or symbols. When the
sign consists of individual letters or symbols attached to or painted
on a surface, building wall or window, the area shall be considered
to be that of the smallest rectangular or other regular shape which
encompasses all of the letters and symbols.
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which any horses are kept for remuneration,
hire or sale.
A permanent structure or structures built or used for purposes
of rental or lease of space to the general public for the inside storage
of household or commercial goods. The rental storage facilities shall
not be used to store flammable, hazardous, toxic, or explosive material.
[Added 6-14-1999 ATM, Art. 29 (Amdt. No. 134)]
Vehicular trailers, trucks, shipping containers, modular
containers or other similar facilities, whether registered or not
registered, with or without wheels, and statically parked or standing
for 30 days or more and intended for storage of materials. Excluded
from this definition are motor homes, camping trailers, small utility
trailers, and similar personal type vehicles designed to be registered
for highway use, and small garden and utility sheds not requiring
a building permit and construction trailers and containers used for
temporary storage of equipment and materials during the construction
phases of building facilities and structures.
[Added 6-12-2000 ATM, Art. 25 (Amdt. No. 142)]
A public or private way which affords the principal means
of access to abutting properties.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the "street grade."
Anything constructed or erected, the use of which requires
location on the ground or attachment to something located on the ground
except a boundary wall or fence.
One to be used less than one year.
A dwelling of residential character in which overnight accommodations
are provided or offered for transient guests for compensation.
[Amended 11-4-1985 STM, Art. 24
(Amdt. No. 66)]
Any substance or mixture of such physical, chemical or infectious
characteristics as to pose a significant actual or potential hazard
to water supplies or other hazard to human health if such substance
or mixture are discharged to land or waters of this Town. "Toxic or
hazardous materials" include, without limitation, organic chemicals,
petroleum products, heavy metals, radioactive or infectious wastes,
acids and alkalis, and include products such as pesticides, herbicides,
solvents and thinners. Wastes generated by the following activities,
without limitation, are presumed to be toxic or hazardous, unless
and except to the extent that anyone engaging in such an activity
can demonstrate the contrary to the satisfaction of the Board of Health:
Airplane, boat and motor vehicle service and
repair.
Chemical and bacteriological laboratory operation.
Cabinetmaking.
Dry cleaning.
Electronic circuit assembly.
Metal plating, finishing and polishing.
Motor and machinery service and assembly.
Painting, wood preserving and furniture stripping.
Pesticide and herbicide application.
Photographic processing.
Shall have the meaning as defined in 310 CMR 19.006.
[Added 6-21-2021 ATM by Art. 12]
A transfer station used for handling, storage, transfer,
or processing of solid waste in volumes greater than 50 tons per day.
[Added 6-21-2021 ATM by Art. 12]
A transfer station used for handling, storage, transfer,
or processing of solid waste in volumes no greater than 50 tons per
day.
[Added 6-21-2021 ATM by Art. 12]
Yards or structures for the storage and/or servicing of two
or more commercial vehicles.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Storage of bulk goods either indoors or out for distribution
but not for sale.
Sale of goods except at retail without outdoor storage.
An unoccupied space open to the sky on the same lot with
a building.
An open unoccupied space on the same lot with the building
between the front line of the building and the front line of the lot
and extending to the side lines of the lot. This may include a drive
or drives allowing for necessary and reasonable access and egress.
An open unoccupied space on the same lot with the building
between the rear line of the building and the rear line of the lot
and extending the full width of the lot.
An open unoccupied space on the same lot with the building
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line.
[1]
Editor's Note: The Intensity of Use Schedule is included as an attachment to this chapter.
[2]
Editor's Note: The definition of "housing
for the elderly," added 5-13-1975 ATM, Art 23 (Amdt. No. 48), which
immediately followed, was repealed 6-15-1998 ATM, Art. 27 (Amdt. No.
126).
[3]
Editor's Note: The former definition of "lot
width," added 5-4-1992 ATM, Art. 17 (Amdt. No. 87), which immediately
followed this definition, was repealed 6-16-1997 ATM, Art. 61 (Amdt.
No. 117).
[5]
Editor’s Note: The definition of “planned unit
development” which immediately followed, was repealed 5-4-2015
ATM by Art. 25 (Amdt. No. 182).
