Town of Belchertown, MA
Hampshire County
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Table of Contents
Table of Contents

§ 145-30 Purpose.

The purpose of this article is to specify additional criteria which shall be used by the Board of Appeals in the special permit and by the Planning Board in the site plan approval and review processes so as to ensure that the proposed industrial uses are compatible with the intent and purpose of the particular industrial district.

§ 145-31 Prohibited uses.

The following noxious or hazardous uses are prohibited in any district:
A. 
Acetylene gas, cyanide compound or oxygen manufacture.
B. 
Asphalt manufacture or refining.
C. 
Chlorine or bleaching powder manufacture.
D. 
Creosote manufacture.
E. 
Acid manufacture.
F. 
Distillation of coal or wood.
G. 
Explosive, fireworks or ammunition manufacture.
H. 
Inorganic fertilizer manufacture.
I. 
Fumigation plant.
J. 
Glue or size manufacture.
K. 
Gypsum, cement, lime, plaster or plaster of paris manufacture.
L. 
Incineration or reduction or dumping of offal, garbage or refuse on a commercial basis (except where controlled by the town).
M. 
Junkyard, junk storage, scrapping of autos and parts and the salvage thereof, unless licensed under MGL c. 140, as amended.
N. 
Linoleum manufacture.
O. 
Match manufacture.
P. 
Paint and lacquer manufacture.
Q. 
Petroleum refining and the bulk storage of petroleum products.
R. 
Proxylin plastic manufacture.
S. 
Rubber, natural or synthetic, or gutta-percha manufactured from crude or scrap material.
T. 
Incineration or reduction of garbage, offal or dead animals.
U. 
Smelting of zinc, copper, tin, iron ores or heavy metals.
V. 
Open-lot storage of secondhand lumber or other used building material.
W. 
Open-lot storage of junk, scrap, paper, rags, unrepaired or unclean containers or other salvage articles, unless a part of a recycling or salvage operation as licensed under MGL c. 140, as amended.
X. 
Transportation/trucking terminal.
Y. 
Sewage disposal plant (except where controlled by the town).
Z. 
Soap, tallow, grease or lard manufacture.
AA. 
Slaughterhouse or stockyard.
BB. 
Sulfurous, sulfuric, nitric or hydrochloric acid manufacture.
CC. 
Tannery.
DD. 
Tar or asphalt roofing manufacture.
EE. 
Tar products manufacture.
FF. 
Tire recapping or retreading.
GG. 
Pesticide manufacture.
HH. 
All other enterprises or uses commonly regarded as hazardous or offensive.

§ 145-32 Performance standards.

A. 
General. Any industrial use permitted by right, by special permit or by site plan approval in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious or otherwise objectionable fire, explosion, radioactivity or other hazard; noise or vibration; smoke, dust, odor or other form of environmental pollution; electrical or other disturbances; glare; liquid or solid refuse or wastes; condition conducive to the breeding of insects or rodents; or other substances, conditions or elements in an amount as to affect adversely the surrounding environment.
B. 
Standards.
(1) 
Lighting. No direct or sky-reflected glare, whether from floodlighting or high-temperature processes such as welding, shall be hazardous or noxious. No outdoor lighting fixture shall produce a strong, direct light beyond property boundaries of the facility which the lighting fixture is servicing.
(2) 
Noise.
(a) 
The maximum permissible sound-pressure level of any continuous, regular or frequent source of sound produced by any use or activity shall not exceed the following limits at the property line or the sound source:
Level Limits Measured in dBAs
Time
Source Pressure dBA Levels
7:00 a.m. to 10:00 p.m.
70
10:00 p.m. to 7:00 a.m.
60
(b) 
Sound pressure shall be measured at all major lot lines at a height of at least four feet above the ground surface. Noise shall be measured with a sound-level meter meeting the standards of the American Standard Institute, ANSI SI.y-1961, American Standard Specification for General Purpose Sound Level Meters. The instrument shall be set on the A-weighted response scale. Measurements shall be conducted in accordance with ANSI SI 51.2-1962, American Standard Meter for the Physical Measurement of Sound.
(c) 
Sound levels specified shall not be exceeded for more than 15 minutes in any one day, except for temporary construction or maintenance work, agricultural activity, timber harvesting, church bells, emergency working devices or other similar special circumstance.
(d) 
An intermittent, irregular or infrequent source of sound shall be considered in violation of this chapter if the source:
[1] 
Increases the broadband sound level by more than 10 dBAs above ambient;
[2] 
Produces a "puretone" condition. A "puretone" condition exists when any octave band center frequency sound-pressure level exceeds the two adjacent center frequency sound-pressure levels by three decibels or more; or
[3] 
Occurs between the hours of 10:00 p.m. and 7:00 a.m., except in emergency situations.
(3) 
Stormwater runoff. The rate of surface water runoff from a site shall not be increased after construction. If needed to meet this requirement and to maximize groundwater recharge, increased runoff from impervious surfaces shall be recharged on site by being diverted to vegetated surfaces for infiltration or through the use of detention or retention ponds. Dry wells shall be used only where other methods are infeasible and shall require oil, grease and sediment traps to facilitate removal of contaminants. Stormwater runoff mitigation shall comply with § 270-29 of Chapter 270, Subdivision of Land, as amended.
(4) 
Water quality. All outdoor storage facilities for fuel, hazardous materials or wastes and potentially harmful raw materials shall be located within an impervious diked containment area adequate to hold the total volume of liquid kept within the storage area.
(5) 
Explosive material.
(a) 
No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground unless they are located in enclosed tanks at least 75 feet from any lot line, Town way or interior roadway or 40 feet from any lot line for underground tanks, plus all relevant state and federal requirements shall be met. Propane gas tanks in one-hundred-pound cylinders (or smaller) shall be exempt from these safety regulations.
(b) 
All activities and all storage of flammable and explosive materials at any point shall be provided with adequate fire-fighting and fire-suppression devices and equipment.
(6) 
Screening and buffer zones. Exposed storage areas, exposed machinery installation, sand and gravel extraction operations and areas used for the storage or collection of discarded automobiles, auto parts, metal or any other articles of salvage or refuse shall have sufficient setbacks and screening to provide a visual buffer sufficient to minimize their adverse impact on surrounding properties (e.g., dense evergreen hedge six feet or more in height). All such planting shall be maintained as an effective visual screen; plants which die shall be replaced within one growing season. Where a potential safety hazard to children would be likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided and maintained in good condition. A seventy-five-foot buffer zone shall be provided along side and rear lot lines abutting any residential or commercial property.
(7) 
Emissions.
(a) 
Emissions shall be completely and effectively confined within the building or so regulated as to prevent any nuisance, hazard or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located.
(b) 
No emission which can cause any damage or irritation to the health of persons, animals or vegetation or which can cause excessive soiling, at any point, shall be permitted.
(c) 
No emission of odorous gases or odoriferous matter in such quantities as to be offensive shall be permitted.
(d) 
Activities that emit dangerous radioactivity at any point shall be controlled in accordance with all regulations of the Atomic Energy Commission.
(e) 
No electrical disturbance adversely affecting the operation, at any point, of any equipment, other than that of the creator of such disturbance, shall be permitted.
(f) 
No discharge, at any point, into a private sewerage system, stream or the ground of any material in such a way or of such a nature or temperature as may contaminate any running stream or water supply or otherwise cause the emission of dangerous or objectionable elements and accumulation of wastes conducive to the breeding of rodents or insects shall be permitted.

§ 145-33 Enforcement.

The Building Inspector/Zoning Enforcement Officer shall utilize specific standards and technical specifications and shall be authorized to seek professional technical expertise from the appropriate local, regional, state or federal agencies or individuals having knowledge or an interest in the proposed use or potential impact or disturbance.