This chapter is enacted pursuant to and under
the authority of MGL c. 40A, as amended, for the purpose of:
A.
Promoting the health, safety, convenience and general
welfare of the inhabitants of the Town of Belchertown;
B.
Promoting sound and orderly growth;
C.
Providing a variety of housing types to meet the needs
of Belchertown's diverse and growing population;
D.
Encouraging the expansion of suitable, economically
and environmentally sound business and industry within the town;
E.
Protecting property values;
F.
Establishing a fair and reasonable set of standards
for evaluating each development proposal impartially, on its own merit;
G.
Protecting the town's natural resources and amenities;
and
H.
Encouraging the most appropriate use of land in Belchertown
which is consistent with the intent and purpose of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
An accessory apartment is an ancillary dwelling unit complete
with its own sleeping, cooking and sanitary facilities that is smaller
than the principal dwelling unit and presents itself in a manner such
that the primary residential structure appears to be the sole dwelling
unit on the lot.
[Added 5-12-2014 ATM by Art. 21; amended 5-14-2018 ATM by Art. 22]
A structure customarily incidental to a principal building
on the same lot or on an adjoining lot under the same ownership and
not attached to the building by any covered or roofed structure.
The use of a structure or premises which is customarily incidental
to a principal permitted use.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other matter which are
distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
[Added 3-16-1998 STM by Art. 5]
Establishment which displays live nudity for its patrons,
any establishment which provides live entertainment for its patrons,
which includes the display of nudity, as that term is defined in MGL
c. 272, § 31.
[Added 3-16-1998 STM by Art. 5]
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
[Added 3-16-1998 STM by Art. 5]
An establishment having as a substantial or significant portion
of its stock devices, objects, tools or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
[Added 3-16-1998 STM by Art. 5]
An establishment having a substantial or significant portion
of its stock-in-trade videos, movies or other film material which
are distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in said
MGL c. 272, § 31.
[Added 3-16-1998 STM by Art. 5]
This definition reads as given in MGL c. 128, § 1A,
and is subject to any further amendments thereto as may be enacted.
[Amended 5-12-2008 ATM by Art. 16]
Refers to a supplemental enterprise at a working farm conducted for the enjoyment or education of visitors that generates income for the owner. The owner/operator must be engaged in agriculture, as defined under this section. This supplemental activity is not considered under other uses for the purposes of § 145-11, Schedule of Use Regulations, with the exception that it is subordinate to Open/General Uses 2, (agriculture on parcels less than five acres). Agritourism uses include, but are not limited to, farm stores, roadside stands, pick your own, wineries, on-farm food sales, agricultural processing demonstrations, farm workshops, educational activities, farm tours, agricultural festivals, on-farm theme playgrounds, on-farm fee fishing and hunting, farm vacations, gift shops, horseback riding/trail rides, cross-country trails, hayrides, mazes, crop art, on-farm picnic grounds, farm animal exhibits, bird/wildlife watching and nature-based attractions.
[Amended 5-12-2008 ATM by Art. 16]
[Added 5-14-2018 ATM by Art. 25]
BREW PUBA plant or premises licensed under MGL c. 138, §§ 12 and 19D, to produce and sell malt beverages and hard cider at the location and whose primary business is the sale and preparation of food to be consumed on the premises. Malt beverages, including beer, ales, and hard ciders produced on the premises may be sold to other establishments but shall not exceed 50% of the establishment's production capacity.
BREWERYAny plant or premises where malt beverages are produced from the fermentation of malt, with or without cereal grains or fermentable sugars, or of hops.
FARMER-BREWERYAny plant or premises where malt beverages are produced from the fermentation of malt, with or without cereal grains or fermentable sugars, or of hops pursuant to MGL c. 138, § 19C.
DISTILLERYA plant or premises where distilled spirits are produced, manufactured, or distilled.
FARMER-DISTILLERYA plant or premises where distilled spirits are produced, manufactured, or distilled with fruits, flowers, herbs, vegetables, cereal grains, or hops primarily grown on the premises for the purpose of producing alcoholic beverages and is licensed to operate as a farmer-distillery under MGL c. 139, § 19E, on a lot of five acres or more.
WINERYA plant or premises where wine is produced, rectified, blended, or fortified from fruits, flowers, herbs or vegetables.
FARMER-WINERYA plant or premises where wine is produced, rectified, blended, or fortified from fruits, flowers, herbs, or vegetables primarily grown on the premises on a lot of five acres or more, pursuant to MGL c. 138, § 19B.
POURING AREAAn area of a brewery, distillery, or winery, or a farmer-brewery, farmer-distillery, or farmer-winery, not to exceed 40% of the building's gross square footage. A pouring area is permitted as an accessory use. Any such facility may provide samples at no charge or sell drinks as set forth in MGL c. 138 and shall have an appropriate license from the Commonwealth of Massachusetts. The facility may host marketing events, special events, and/or factory tours. The facility may sell beverages produced by other facilities, and commercial goods branded by the brewery, distillery, or winery. The facility may sell permitted beverages to consumers for consumption off the brewery premises. A seasonal tasting area is permissible, e.g., patio or deck, but shall not be included in calculating the tasting room's square footage for purposes of zoning compliance; however, the square footage of a seasonal tasting area is applicable to building, plumbing and other relevant codes.
Background A-weighted sound level that is exceeded 90% of
the time measured during equipment operating hours.
A geologic feature that contains sufficient saturated permeable
material, such as rock or sand and gravel, capable of yielding significant
quantities of potable water for wells.
A building in which up to five rooms may provide overnight
guest accommodations for compensation. Lodging includes breakfast
and may include other meals available to registered lodgers only.
The owner or manager must reside on the premises.
[Added 5-8-2000 ATM by Art. 20]
A building or part thereof containing up to 12 rooms, without
individual kitchen facilities, occupied or to be occupied for sleeping
purposes for compensation. Same as "lodging house."
[Added 5-8-2000 ATM by Art. 20]
That portion of a building lot contained within the zoning
setback requirements under this chapter.
The Inspector of Buildings per MGL c. 143, § 3.
[Added 5-9-1994 ATM by Art. 25]
A lot which meets the requirements of this chapter for the
proposed use.
A tract of land designated for commercial activity on which
one or more private businesses are sited on the same undivided lot
as shown on the Town of Belchertown's Assessor's Map, the lot being
in one ownership.
An alternative pattern of residential development in which
reduced area and setback requirements may be authorized by special
permit in exchange for the reservation of open space.
The overnight boarding of four or more dogs in the absence
of the owner for which a fee is charged.
[Added 5-9-2022 ATM by
Art. 18]
Vehicles for hire or for transport of commercial products,
such as buses, rental automobiles, transport vans, limousines and
tractor-trailers.
A tract of land divided into two or more lots with each one having legal frontage on an existing public way and having access obtained through the common use of a private driveway (common drive) in conformance with Article X of this chapter.
That portion of a structure which vertically separates one
dwelling unit from another, meeting the requirements of State Building
Code 780 CMR for functions such as separation and sound transmission.
A development that is part housing complex, part activity
center and part health-care system for elderly persons. It is comprised
of housing and associated services operated as a coordinated unit.
Services usually include full medical and nursing services, and may
include other amenities, such as educational and recreational activities,
dining accommodations, shopping and banking facilities, beautician
and barber facilities, and transportation services exclusively for
the residents of the facility.
[Added 5-8-2000 ATM by Art. 20]
A retail market serving a neighborhood proximal to the location
of such store, as opposed to a supermarket type of retail activity
oriented to serving a region in which it is located.
The timing, sequence and rate of construction and/or improvements
to be implemented on a particular parcel, as defined by stages.
A parcel or group of parcels in single ownership or under
single control, considered as a unit for the purposes of development.
The provision of socialization, exercise, training, or shelter
in the absence of the owner, during the day for four or more dogs
and for which a fee is charged. This does not include veterinary hospitals
and clinics, commercial kennels, grooming parlors, pet stores, dog
training facilities, or animal shelters.
[Added 5-9-2022 ATM by
Art. 18]
A structure containing, under one roof and within exterior
abutting walls, one or more rooms providing complete living facilities
for one or more individuals, including equipment for cooking or provisions
for same, and including room or rooms for living, sleeping, eating
and sanitation.
[Amended 5-8-2000 ATM by Art. 20]
SINGLE-UNIT DWELLINGA structure containing one dwelling unit.
TWO-UNIT DWELLINGA structure containing two dwelling units.
MULTIPLE-UNIT DWELLINGA structure containing three or more dwelling units.
DWELLING UNIT, ATTACHEDA single-unit dwelling unit connected on one side to an adjacent single-unit dwelling unit by a common wall as described in Article 2, S.200.0 of the State Building Code 780 CMR.
DWELLING UNIT, DETACHEDA single-unit or two-unit dwelling unit which stands alone and has no common walls or walls in common with an adjacent single-unit or two-unit dwelling unit or its accessory structure(s) if any.
DWELLING UNIT, SPECIAL PURPOSE RESIDENTIALA dwelling unit which is used for institutional purposes to include child-care, elderly housing, emergency shelter, handicapped housing and rehabilitation corrections housing. This definition does not apply to congregate living arrangements among nonrelated persons with disabilities, as defined by any applicable federal and/or state law and/or regulations.
A building lot consisting of a minimum of 50 feet of frontage
and 150,000 square feet of area within which a circle 50 feet in diameter
can be passed along a continuous line from the frontage of the lot
to any point of the proposed dwelling on the lot without the circumference
intersecting any side lot lines.
An addition to a preexisting structure which results in an
increase in the building footprint or the height of the building.
A residential complex restricted to residents mainly aged
55 years and older consistent with the definition of "elderly" as
currently promulgated by the U.S. Department of Housing and Urban
Development (HUD) and with the Federal Housing for Older Persons Act
of 1995. Specific criteria:
[Added 5-14-2001 ATM by Art. 24]
One person aged 55 or older must reside in each
of at least 80% of the complex's occupied units.
The complex must have published and must follow
policies and procedures that demonstrate an intent to be housing for
persons 55 and older.
The units may have condominium ownership or
they may be rental units.
The units may be detached, or they may be attached
in blocks up to four units.
The minimum lot size for the complex is five
acres.
The maximum density of the units is six per
acre.
No unit may have more than two bedrooms.
The complex and units must meet Americans with
Disabilities Act standards.
Any complex exceeding 12 units must have a community
space for mail, messages, meetings and recreation.
The complex must have an outdoor community space
for passive or active recreation.
The complex must accommodate transit vans and
have bicycle facilities.
An association agreement, or property management
plan if units are to be rentals, guaranteeing maintenance of the community
property must be submitted with the application.
That area adjacent to a watercourse or a drainageway subject
to flooding when the watercourse or drainageway overflows its normal
channel.
That area shown within the floodplain boundaries
on the Town of Belchertown Flood Insurance Rate Map (FIRM) dated September
2, 1981, as Zones A and A1-A30, as amended, and on the Town of Belchertown
Floodway Boundary Map (FWBM), dated September 2, 1981, as amended,
and further defined by the floodway data tables contained in the Flood
Insurance Study; and
The area in the floodplain which lies 10 feet or more below the elevation of the floodplain limits described in Subsection A.
Land primarily and directly used in raising forest products
under a program certified by the State Forester to be a planned program
to improve the quantity and quality of a continuous crop for the purpose
of selling such products in the regular course of business or when
primarily and directly used in a related manner which is incidental
thereto and represents a customary and necessary use in raising such
products and preparing them for market, to include but not be limited
to management activities such as resource evaluation, forest harvesting
and regeneration of forest stands.
A linear extent of a lot measured continuously along the
adjacent street right-of-way between the intersection of one side
lot line and that of the other or, in the case of corner lots, between
one side lot line and the midpoint of the corner radius.
The General Laws of Massachusetts. In the case of a recodification
of the General Laws, any citation of particular sections of the General
Laws shall be applicable to the corresponding sections in the new
codification.
Any substance or mixture of such chemical, physical 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 were discharged onto land or into air or waters. Hazardous
materials are those designated by the United States Environmental
Protection Agency (EPA) and the regulations of the Massachusetts Waste
Management Act (MGL c. 21C) and include, without limitation, organic
chemicals, petroleum products, heavy metals, radioactive or infectious
wastes, acids and alkalis, and include such products as pesticides,
herbicides, solvents and thinners.
An accessory use of a dwelling unit or permitted accessory structure involving provision or sale of goods and/or services as set forth in § 145-25 of this chapter.
A building or part thereof which provides sleeping accommodation
and which may also contain commercial uses and such additional facilities
or services as a restaurant, a dining room, room service or public
convention rooms.
[Added 5-8-2000 ATM by Art. 20]
Materials or structures on or above the ground that do not
allow precipitation to infiltrate the underlying soil.
Any changes to the existing conditions of a site for the
purpose of complying with this chapter or rendering the site suitable
for development and/or human habitation.
A building in which more than five but not more than 15 guest
rooms are used to provide or offer overnight accommodations not more
than 30 consecutive days in length to transient guests for compensation,
which may include the serving of meals to guests, and a conference
area, as accessory uses, all not to exceed, in the aggregate, a building
capacity of 50 guests.
[Added 5-8-2000 ATM by Art. 20]
Any waste material capable of releasing waterborne contaminants
into the environment.
A building or part thereof containing up to 12 rooms, without
individual kitchen facilities, occupied or to be occupied for sleeping
purposes for compensation. Same as "boarding house."
[Added 5-8-2000 ATM by Art. 20]
That portion of a lot which is rendered impervious to rainfall,
including but not limited to structures, pavement or permanent accessories.
The established division line between lots or between a lot
and a street.
FRONT LOT LINEThe property line dividing a lot from a street (right-of-way). On a corner lot, one street line shall be designated the front lot line.
REAR LOT LINEThe lot line opposite the front lot line.
SIDE LOT LINEThe line or lines bounding a lot which extend from the street toward the rear in a direction approximately perpendicular to the street. In the case of corner lots, all lines extending from streets shall be considered side lot lines.
A nonprofit organization consisting of lot owners, homeowners
or owners of dwelling units in which membership into said organization
is automatic or mandatory for the maintenance of common areas or facilities
and the provision of services to residents.
[Amended 5-12-2003 ATM by Art. 27]
A medical marijuana facility that is located off site from
any cultivation/processing facility that is controlled and operated
by the same registered and approved MMTC but which serves only to
dispense the processed marijuana, related supplies and educational
materials to patients registered and qualified under the provisions
of 105 CMR 725.00 or their personal caregivers.
[Added 5-12-2014 ATM by Art. 19]
A use operated by a non-profit entity registered and approved
by the Massachusetts Department of Public Health in accordance with
105 CMR 725.000, and pursuant to all other applicable state laws and
regulations, also to be known as a "registered marijuana dispensary
(RMD)," that acquires, cultivates, possesses, processes (including
development of related products such as food, tinctures, aerosols,
oils, or ointments), transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies,
or educational materials to registered qualifying patients or their
personal caregivers. A MMTC shall explicitly include facilities which
cultivate and process medical marijuana, and which may also dispense
and deliver medical marijuana and related products.
[Added 5-12-2014 ATM by Art. 19]
A care unit in a designated, separate area for individuals
with Alzheimer's disease or other dementia that is locked, segregated,
or secured to prevent or limit access by a resident outside the designated
or separated area.
[Added 12-1-2014 STM
by Art. 5]
The diameter of a circle of the prescribed minimum lot width for the zone in which a lot is situated being passed along a continuous line from the frontage of the lot through the rear of the lot's building envelope without the circumference intersecting any side lot lines, except as defined for estate lots (§ 145-26B) and open space community developments (§ 145-16, Table of Dimensional Regulations, Note 6) in this chapter.
[Added 5-13-1996 ATM by Art. 23]
A structure, transportable or movable in one or more sections,
which meets the dimensional requirements of 760 CMR (Building Code)
and which is built on a permanent chassis and designed to be used
as a dwelling unit with or without permanent foundation when connected
to the required utilities. This term is not intended to include manufactured
modular homes.
A hotel having an outside entrance for each sleeping unit
and provided with automobile parking spaces directly accessible to
each such unit.
[Added 5-8-2000 ATM by Art. 20]
Any undeveloped area of land.
OPEN SPACE (OSCD)Any restricted area of land or combination of land and water within a development tract designed or intended for the common recreational, forestry or agricultural use or enjoyment of the residents of that development tract and/or the general public or an organization controlled thereby, the Town of Belchertown or a nonprofit conservation organization.
OPEN SPACE COMMUNITY DEVELOPMENT (OSCD)A cluster development according to Article XI of this chapter.
A person or persons holding record title to a parcel of land
or structure.
All areas which are underlain by surficial geologic deposits,
including glaciofluvial or lacustrine stratified drift deposits or
alluvium or swamp deposits, and in which the prevailing direction
of groundwater flow is toward the area of influence of water supply
wells.
The building or other structure on a lot which is constructed
to serve a principal residential, commercial, agricultural or industrial
use of the lot.
A use of land, building or premises which is not a use permitted
by the provision of this chapter for the district in which such land,
building or premises is situated but which was legally existing at
the effective date thereof.
Signs pertaining to fund drives, campaigns or other charitable
activities of a civic, philanthropic, educational, charitable, political
or religious nature.
Filed in the Hampshire County Registry of Deeds or filed
with the Recorder of the Land Court.
An area for sports, leisure or social activities carried
on in whole or in part out of doors.
That portion of land which is, or is intended
to be, made available for the construction of roadways, ditches, drainage
structures and utility lines.
The parcel of land between street property lines
which is defined as the limit of land dedicated, secured or reserved
for public transportation uses.
A scale drawing showing proposed and preexisting uses and/or structures for a parcel of land required by § 145-27 of this chapter.
The work to be done and the number of structures to be constructed
within any of the time limits defined by the development schedule.
Refer to 780 CMR 502.0 DEFINITIONS (of the Massachusetts
Building Code).
[Added 1-14-2008 STM by Art. 9]
A public or private way either shown on a plan approved in accordance with Chapter 270, Subdivision of Land, of the Code of the Town of Belchertown, as amended, or otherwise qualifying a lot for access and frontage under MGL c. 41, § 81L.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall for a structure, tent, reviewing stand, platform, bin, flagpole,
mast for radio antenna or the like. The word "structure" shall be
construed, where the context allows, as though followed by the words
"or part or parts thereof."
A service point for tractor-trailer vehicles providing fuel
and/or maintenance for such vehicles and travel services for their
drivers.
A site or area noted as a rare, uncommon or significant source
of information about or valued as a rare, uncommon or significant
example of:
Includes water areas and other land in any of the following
categories:
[Amended 5-9-1994 ATM by Art. 21]
The structures and devices designed to facilitate cellular
telephone services, personal communications services and enhanced
specialized mobile radio service as defined in Section 704 of the
Federal Telecommunications Act of 1996. Included are towers, antennas
mounted to towers or other structures and accessory structures, such
as sheds, which are directly required for facility operations. Not
included in this definition are antennas and dishes used solely for
residential television and radio reception; antennas and dishes used
for commercial or public purposes which are not visible from any neighboring
property or public way; and amateur radio facilities used in accordance
with the terms of any amateur radio service license issued by the
Federal Communications Commission, provided that the tower is not
used for commerce.
[Added 11-17-1997 STM by Art. 21]
A required open space, unoccupied except as herein permitted,
between a principal structure and a street or lot line.
FRONT YARDA yard extending between side lot lines from the frontmost portion of the principal structure to the street line(s).
REAR YARDA yard extending between side lot lines from the rearmost portion of the principal structure to the rear lot line.
SIDE YARDA yard extending between the side lot line and the principal structure from the front yard to the rear yard.
The provision of zero-foot side yard setback so as to allow
for placement of a single dwelling unit and its accessory structure(s),
if any, to abut the adjacent side property line and share a common
wall with the adjacent single dwelling unit.
An official finding that a particular existing structure
or proposed structure or lot or use of the structure or lot, as indicated
by an application, complies with the requirements of the Belchertown
bylaws or meets conditions of a variance or special permit at the
time of application for said permit.
