[Amended 1-17-1989 STM by Art. 18]
Except as provided by law or in this bylaw in each district no building, structure, or land shall be used or occupied except for the purposes permitted as set forth in Article VI et seq.[1]
[1]
Editor's Note: Original Sec. 6.2, which immediately
followed this section, was deleted 3-16-1987 STM by Art. 21.
[Amended 1-17-1989 STM by Art. 19; 5-7-2002
ATM by Art. 35]
No region in any district in Townsend shall
be established by any person, company or corporation as a commercial
dump, refuse disposal incinerator, commercial composting or compost
curing facility or other facility that processes organic or inorganic
material, whether or not separated at source, into fertilizers, soil
additives and fuel products or materials, with the exception of the
Town of Townsend that may operate and maintain a municipal dump, sanitary
landfill, recycling center, waste transfer or other facility for the
disposition of garbage, rubbish or waste generated in the Town of
Townsend.
[Added 12-4-1990 STM by Art. 7]
A.
Purpose. In order to provide public safety through
the orderly control of traffic moving onto and from a street, and
to provide adequate drainage of the driveways where required, new
driveways and entrances shall be built according to a uniform standard
of design and layout.
B.
Procedure. Prior to any construction of a driveway,
the owner shall make a written application for approval to the Building
Inspector acting through the Board of Selectmen, with copy to the
Highway Superintendent. Before approval is granted, the application
shall be referred to the Highway Superintendent and, if necessary,
to other boards and/or commissions.
[Amended 11-29-2005 STM by Art. 30]
C.
Design requirements.
(1)
Entrances shall be located to the best advantage with
regards to street alignment, profile, sight distance, and safety conditions.
(a)
No driveway edge shall be less than 15 feet
from any fire hydrant.
[Added 11-29-2005 STM by Art. 30]
(2)
Entrances and driveways to a given tract of land shall be located through the frontage, or across the front lot line, or through a designated access strip of said land as approved by the Building Inspector and the Highway Superintendent. (See Subsection D of this section for common driveways.)
[Amended 11-29-2005 STM by Art. 30]
(3)
Use of access strip other than those across the front
lot line shall require utilization of the access strip frontage as
the street address for town/public records.
(4)
Driveway grades and locations shall be constructed
and maintained so as to provide safe access for emergency vehicles.
Driveways exceeding 500 feet in length shall have one or more emergency
vehicle turnouts and a terminus turnaround as specified by the Building
Inspector and the Highway Superintendent.
[Amended 11-29-2005 STM by Art. 30]
(5)
Entrance width, measured from the edge of pavement
to a point 15 feet onto the applicant's property shall be:
|
Minimum
|
Maximum
| |||
|---|---|---|---|---|
|
Residential
|
12 feet
|
24 feet
| ||
|
Common driveways - residential
|
12 feet
|
24 feet
| ||
|
Commercial and industrial*
| ||||
|
One way
|
12 feet
|
20 feet
| ||
|
Two way
|
18 feet
|
26 feet
| ||
|
*Unless governed by site plan review § 145-42.
| ||||
(6)
Entrances and exits shall be no less than 50 feet
from a street corner measured between the nearest edge of the driveway
and edge of pavement at the street corner.
(7)
Entrances off state highways shall conform to the
Massachusetts Highway Department Standard and Regulations.
[Amended 11-29-2005 STM by Art. 30]
(8)
Design standards shall provide that no water will drain from the driveway onto the street, and all such driveways shall have a paved apron 15 feet in length and have a width in compliance with Subsection C(5).
(9)
Any disturbed areas shall be stabilized and returned
to their former state.
(10)
Where a portion of a stone wall must be removed for access to
the property, the remaining stone wall shall be left in a stable and
orderly fashion. Removing stone walls located along scenic roads within
the Town's right-of-way is subject to filing an application with the
Planning Board pursuant to the Scenic Roads Act, MGL c. 40, § 15C.
All roads in Townsend, other than numbered routes or state highways,
are designated as "scenic roads."
[Amended 12-3-2014 STM
by Art. 18]
(11)
Driveway design, layout, and construction shall
be approved by the Building Inspector and the Highway Superintendent.
[Amended 11-29-2005 STM by Art. 30]
(12)
When a driveway is to be constructed over a
drainage ditch along town-owned property, a smooth bore plastic pipe
with a minimum diameter of 18 inches shall be installed to meet the
invert of the drainage ditch to allow for the continuous, uninterrupted
flow of water in the ditch, the design of which shall be approved
by the Highway Superintendent.
[Added 11-29-2005 STM by Art. 30]
(13)
The maintenance of any pipe installed under § 145-24C(12) shall be the responsibility of the driveway owner.
[Added 11-29-2005 STM by Art. 30]
D.
Common driveways.
(1)
Each building lot must have viable vital frontage
access by itself before a common driveway may be considered.
(2)
All building lots serviced by a common driveway must
have legal frontage on the same public way.
(3)
Not more than three building lots may be serviced
by one common driveway. Said driveway shall be located across the
frontage or the front lot line of one or more of the building lot(s)
served by the driveway.
(4)
The minimum distance between any two common driveway
entrances shall be 500 feet.
(5)
The maximum length of any common drive shall be no more than 1,000 feet to the longest point as measured along the driveway. This entire length of common driveway from the street to the beginning of the farthest individual private driveway must be paved. Not more than three individual private driveways may be constructed off of a common driveway with their individual lengths not to exceed 400 feet from the intersection with the common driveway to the dwelling unit. All provisions of Subsection C(4) shall apply to each separate private driveway constructed off a common driveway.
[Amended 4-27-1991 STM by Art. 4; 4-29-1997
ATM by Art. 47]
(6)
All common driveways shall have an easement and maintenance
agreement between all parties served by the common driveway. Plans
for said common driveway shall show all metes and bounds. Plan, easement
and maintenance agreements shall be recorded with the Registry of
Deeds following approval of the Building Inspector and the Highway
Superintendent. Certification of said recording shall be provided
to the Building Inspector and the Highway Superintendent.
[Amended 11-29-2005 STM by Art. 30]
E.
Inspections and fees.
[Amended 11-29-2005 STM by Art. 30]
All distribution systems must be provided underground,
including water, sewerage and gas lines.
[Amended 3-16-1987 STM by Arts. 22, 23, 24
and 25; 3-17-1987 STM by Arts. 26, 27, 28, 29, 30, 31, 32, 34, 36
and 40; 5-18-1987 STM by Arts. 16, 17, 18, 19, 20 and 21; 1-17-1989
STM by Arts. 13, 26, 27, 28, 29, 30 and 31; 4-25-1989 STM by Arts.
16 and 18; 5-15-1996 STM by Art. 8]
A.
Residential A and B Districts permitted uses.
(1)
Detached one-family dwelling, but not including mobile
home.
(2)
Church or other place of worship, parish house, rectory
or convent.
(3)
Recreational or water supply use as a public agency.
(4)
Public administration building, fire or police station.
(5)
Public school, library, museum, art gallery, or community
building.
(6)
Private school offering general educational courses.
(7)
Extension of an existing cemetery.
(8)
Agricultural uses in compliance with MGL c. 40A, §
3, paragraph 1, except that all such activities shall be limited to
parcels of five acres or more, or to two acres or more if the sale
of products produced from the agriculture, aquaculture, silviculture,
horticulture, floriculture or viticulture use on the parcel annually
generates at least $1,000 per acre based on gross sales dollars. For
such purposes, land divided by a public or private way or a waterway
shall be construed as one parcel.
[Amended 10-19-2010 STM by Art. 21]
(9)
Removal of soil, loam, sand or gravel from a parcel
of land, provided that such removal is in conformity with bylaws of
the Town pertaining thereto.
(10)
Accessory use customarily incidental to a permitted
use on the same lot or a lot adjacent thereto, including the following:
(a)
The raising or keeping of a small flock of fowl
not to exceed 20.
(b)
The raising or keeping of saddle horses, livestock
or other farm animals for use only by residents of the premises as
long as the lot used is 40,000 square feet or larger.
[1]
Agricultural operations for the purpose of raising, keeping and boarding
of horses, including livery and riding stables, livestock, or other
farm animals for commercial use as provided in MGL c. 40A, § 3.
[Added 11-15-2011 STM by Art. 16]
(c)
Private guest house, tool shed, playhouse, tennis
court, boat house, or other building or structure for domestic use;
private garage for motor vehicles, but not including more than one
commercial vehicle (other than farm vehicles), or more than one vehicle
owned by a nonresident of the premises, unless authorized by the Board
of Appeals.
(d)
The use of a room or rooms in a dwelling or
building accessory thereto by a resident of the premises as an office,
studio or workroom for a home occupation, provided that:
[1]
Such use is clearly incidental and secondary
to the use of the premises for dwelling purposes;
[2]
Not more than two persons other than residents
of the premises are regularly employed thereon in connection with
such use;
[3]
No stock in trade is regularly maintained, except
for products of the occupation itself or for goods or materials which
are customarily stored, used or sold incidental to its performance;
and
[4]
From the exterior of the building so used, there
is not visible any display of goods or products, storage of materials
or equipment, regular parking of commercial vehicles, or any other
exterior indication that the premises are being utilized for any purpose
other than residential (except for an accessory sign).
B.
Residential A and B Districts special permit uses. In a Residential A and B District the Board of Appeals may, in specific case, authorize by special permit any of the following additional uses, provided that the premises in question is reasonably adaptable to such use and will allow proper layout thereof (including adequate separation of buildings and open areas from adjacent premises). All special permits are subject to the provisions of Article XI.
(2)
Bed and breakfast, housing for the elderly, rest home,
convalescent or nursing home.
(3)
Nursery school or other agency for the day care of
children, private organized camp for children or adults.
(4)
Cemetery, hospital, sanatorium, funeral parlor, philanthropic
or charitable institution (but not including a correctional institution).
(6)
Antique shop in a dwelling or building accessory thereto,
provided there is no exterior display (except for an accessory sign)
and the residential character of the premises is preserved. All work
or sale of goods must be carried on inside the building used and no
more than two persons shall be employed on the premises at any one
time exclusive of the owner or owners. There shall be no external
change which alters the residential appearance. The residential character
of the premises must be preserved. The Zoning Board of Appeals may
impose on any special permit additional conditions, including but
not limited to, hours of operations and screening plantings of abutting
properties.
(7)
Any municipal use not specifically listed herein.
(8)
Private club, lodge, or other nonprofit social, cultural,
civic or recreational use (but not including any use the chief activity
of which is one customarily conducted as a business).
(9)
Commercial kennel, dog grooming establishment, dog
training establishment, dog daycare establishment, animal or veterinary
hospital, provided that such use is located on the same premises as
a dwelling and is conducted by a resident thereof.
[Amended 5-3-2022 ATM by Art. 26]
(10)
Salesroom or stand for the sale of nursery, greenhouse, garden or farm produce (including articles of home manufacture from such produce) if the criteria for protection pursuant to MGL c. 40A, § 3, Paragraph 1, as provided in § 145-26A(8) are not met.
[Amended 10-19-2010 STM by Art. 22]
(11)
A boat yard and/or single-pier docking facility
for the service, rental, repair, limited sale, and temporary storage
of small private craft, excluding craft powered by combustion engine(s),
but only to the extent specifically authorized by the Board of Appeals.
(12)
Any of the following commercial recreation uses:
golf course (including a golf driving range or "miniature" golf course),
boat or canoe livery, riding stable, ski ground or bathing beach,
including the incidental sale of refreshments if primarily for the
convenience of patrons thereof and of equipment customarily related
to the use (such as golf balls, fishing tackle and the like), but
only to the extent specifically authorized by the Board of Appeals.
[Amended 5-2-2006 ATM by Art. 32]
(13)
Activities, accessory to activities permitted
as a matter of right, which are necessary in connection with scientific
development or related production, whether or not on the same parcel
as activities permitted as a matter of right.
(15)
Beauty parlor or barber shop in a dwelling or
building accessory thereto, provided that there is adequate parking
and that the total number of employees does not exceed two and the
residential character of the premises is preserved.
(16)
On properties consisting of five or more contiguous
acres and 500 or more contiguous feet of road frontage on a Town-approved
public way, a business may operate from preexisting buildings other
than the primary residence, or from a new building not exceeding 750
square feet, for the inside sale of goods and services, inside storage
of goods and equipment and incidental repair and installation of goods
and equipment sold on the premises.
[Added 12-16-2003 STM by Art. 2]
[Added 1-17-1989 STM by Art. 30]
A.
Purpose. The Downtown Commercial District is designed
to accommodate a wide variety of commercial activities (particularly
those that are, or could be, pedestrian oriented) that will result
in a concentrated and attractive use of Townsend's limited central
business district, while preserving and enhancing many of the existing
structures within the downtown area. New structures and additions
shall retain the New England village architectural character of the
abutting historic district.
B.
DCD permitted uses:
(1)
All municipal purposes, including the administration
of government, fire, and police stations.
(2)
Educational and religious uses.
(3)
Detached single (one) family dwellings.
(4)
Retail sale and rental of goods, merchandise and equipment.
(5)
Office, clerical, professional, research, and services
not primarily related to goods or merchandise.
[Amended 12-16-2003 STM by Art. 1]
(6)
Restaurants, or other places serving food or beverage.
(7)
Self-service storage facilities consisting of a building
or buildings providing individual small self-contained units or an
enclosed area leased or owned for the storage of business and household
goods and equipment, and which is operated as a commercially managed
business.
[Added 5-1-2007 ATM by Art. 25[1]]
[1]
Editor's Note: This article also redesignated
former Subsection B(7) as B(8).
(8)
Such accessory uses as are customarily incidental
to any of the above uses.
C.
DCD uses allowed by special permit from the Board of Appeals (see Article XI):
(1)
Bed and breakfast.
(2)
One to six dwelling units within a structure existing
on the lot or for which a building permit has been issued as of January
1989, provided sufficient off-street parking is available on site.
(3)
Mixed use (residential/commercial).
(4)
[2]Sales facility for boats, camper-trailers, farm equipment
or construction equipment.
[Amended 5-7-2002 STM by Art. 18]
[2]
Editor's Note: Former Subsection C(4), Storage
and parking of goods and equipment, was repealed 5-1-2007 ATM by Art.
25. This article also renumbered former Subsection A(5) as A(4).
D.
Special provisions for parking in Downtown Commercial District. Within the Downtown Commercial District, the Planning Board may, through the site plan review special permit process (§ 145-42), waive strict compliance with the parking requirements (Article VIII and § 145-42) and setback of parking requirements (§ 145-32) of the Zoning Bylaw if the Planning Board determines the proposed use will be able to utilize existing on- or off-street parking or will not generate sufficient parking needs to create a hazard or nuisance.
[Added 1-17-1989 STM by Art. 30]
A.
Purpose. The Neighborhood Commercial District is designed
to accommodate limited commercial development within Townsend Harbor
and West Townsend on a scale less intensive than allowed in the Commercial
or Downtown Commercial Districts, while preserving and enhancing the
existing structures within both neighborhoods. New structures and
additions shall retain the New England village architectural character
of the abutting historic district.
B.
NCD permitted uses:
(1)
All municipal purposes, including the administration
of government, fire, and police stations.
(2)
Educational and religious uses.
(3)
Detached single (one) family dwellings.
(4)
Retail sale and rental of goods, merchandise, and
equipment.*
(5)
Restaurants, or other places serving food or beverage,
provided no substantial carry-out or delivery, and no drive-thru service.*
(6)
Office, clerical, professional, research, and services
not primarily related to goods or merchandise, provided not occupying
more than 2,500 square feet of gross floor area per establishment.
(7)
Such accessory uses as are customarily incidental
to any of the above uses.
|
(*These permitted uses are allowed in Neighborhood
Commercial District only if each establishment/use occurs within a
structure existing on the lot as of January 1, 1989; however, said
structure may be extended, altered, or changed as provided for in
MGL c. 40A, § 6.)
| |||
D.
Special provisions for parking in Neighborhood Commercial District. Within the Neighborhood Commercial District, the Planning Board may, through the site plan review special permit process (§ 145-42), waive strict compliance with the parking requirements (Article VIII and § 145-42) and setback of parking requirements (§ 145-32) of the Zoning Bylaw if the Planning Board determines the proposed use will be able to utilize existing on- or off-street parking or will not generate sufficient parking needs to create a hazard or nuisance.
[Added 1-17-1989 STM by Art. 30]
A.
Purpose. The Outlying Commercial District is designed
to accommodate the widest range of permitted commercial activities.
B.
OCD permitted uses:
(1)
All municipal purposes, including the administration
of government, fire, and police stations.
(2)
Educational and religious uses.
(3)
Sale and rental of goods, merchandise and equipment.
(4)
Restaurants or other places serving food or beverage.
(5)
Office, clerical, professional, research, and services
not primarily related to goods or merchandise.
(6)
Detached single (one) family dwellings.
(7)
Such accessory uses as are customarily incidental
to any of the above uses.
C.
OCD uses allowed by special permit from the Board of Appeals (see Article XI):
(1)
Athletic and recreational facilities excluding motorized
vehicular sports and recreational facilities.
(2)
Commercial entertainment/amusement facilities.
(3)
Motor vehicle service stations, motor vehicle sales,
and motor vehicle repair shops, whether ancillary to sales or not.
(4)
Storage and parking of goods and equipment.
(5)
Hotel/motel.
(6)
Sales facility for boats, camper-trailers, farm equipment
or construction equipment.
[Amended 5-7-2002 STM by Art. 18]
[Added 1-17-1989 STM by Art. 31]
A.
Purpose. The Industrial District is designed to accommodate commercial and industrial enterprises engaged in the manufacturing, processing, creating, repairing and storage of goods, merchandise and equipment; and adult use establishments (as defined in § 145-53).
[Amended 9-9-1997 STM by Art. 9]
B.
ID permitted uses:
(1)
All municipal purposes, including the administration
of government, fire, and police stations.
(2)
Sale and rental of goods, merchandise, and equipment.
(3)
Office, clerical, professional, research, and services
not primarily related to goods or merchandise, not greater than 10,000
square feet of gross floor area per establishment.
(4)
Motor vehicle service stations, motor vehicle sales
and motor vehicle repair shops, whether ancillary to sales or not.
(5)
Converting, fabricating, manufacturing, altering,
finishing, or assembling, not greater than 25,000 square feet of gross
floor area per establishment.
(6)
Warehousing storage, and parking of goods and equipment.
(7)
Sales facility for boats, camper-trailers, farm equipment
or construction equipment.
[Amended 5-7-2002 STM by Art. 18]
(8)
Such accessory uses as are customarily incidental
to any of the above uses.
C.
ID uses allowed by special permit from the Board of Appeals (see Article XI):
(1)
Office, clerical, professional, research, and services
not primarily related to goods or merchandise occupying more than
10,000 square feet of gross floor area per establishment.
(2)
Converting, fabricating, manufacturing, altering,
finishing, or assembling occupying more than 25,000 square feet of
gross floor area of a building for any one or combination of such
uses.
(3)
Golf course, but not including a miniature golf course.
