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[HISTORY: Adopted by the
Special Town Meeting of the Town of Townsend 6-24-1978 by Art. 6, as amended by
the Annual Town Meeting 4-27-1983 by Art. 25. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES Noncriminal
disposition -- See Ch. 1, Art. II.
Historic
districts -- See Ch. 54. Wetlands -- See Ch.
138. Planning Board
regulations -- See Ch. 175. ARTICLE I, General Provisions § 145-1. Authority and title. [Amended
1-17-1989 STM by Art. 15]
This Bylaw is adopted in accordance with and pursuant to the provisions of Mass. General Laws, Chapter 40A, and Mass. General Laws, Chapter 43B. This Bylaw shall be known and may be cited as the Zoning Bylaw of the Town of Townsend, Mass. § 145-2. Purposes. A. The
purposes of this Bylaw include, but are not limited to, the following: to
lessen congestion in the streets; to conserve health; to secure safety from
fire, flood, panic and other dangers; to provide adequate light and air; to prevent
overcrowding of land; to avoid undue concentration of population; to encourage
housing for persons of all income levels; to facilitate the adequate provision
of transportation, water, water supply, drainage, sewerage, schools, parks,
open space and other public requirements; to conserve the value of land and
buildings, including the conservation of natural resources and the prevention
of blight and pollution of the environment, to encourage the most appropriate
use of land throughout the Town, including consideration of the recommendations
of the comprehensive plan, if any, adopted by the Planning Board and the
comprehensive plan, if any, of the Montachusett Regional Planning Commission;
and to preserve and increase amenities by the promulgation of regulations to
fulfill these purposes under the provisions of General Laws, Chapter 40A. B. In
accordance with these purposes, the use, erection, establishment, movement,
repair, alteration, enlargement, height, appearance, location and occupancy of
buildings and structures, and uses and occupancy of premises in the Town of
Townsend are hereby regulated and restricted as hereinafter provided. § 145-3. Conformity required. Any building or structure hereinafter erected, reconstructed, altered, enlarged or moved or any use of premises hereinafter established, altered or expanded in the Town of Townsend shall be in conformity with the provisions of this Bylaw. § 145-4. Prohibited uses. [Amended
3-16-1987 STM by Art. 1] A. Any
use not specifically or generically listed herein or otherwise permitted in a
district shall be deemed as prohibited. Any legal use of land or building is
permitted in accordance with the requirements of this Bylaw except those uses
which are dangerous or detrimental to a neighborhood because of fire hazard,
offensive noise, smoke, vibration, harmful radioactivity, electrical
interference, dust, odor, fumes, heat, glare, unsightliness or other
objectionable characteristics. B. In
accordance with General Laws, Chapter 40A, and notwithstanding any provisions
to the contrary, this Bylaw shall not prohibit, regulate or restrict the use of
land or structures for religious purposes or for educational purposes on land
owned or leased by the commonwealth, or any of its agencies, subdivisions or
bodies politic or by a religious sect or denomination or by a nonprofit
educational corporation; provided, however, that such land or structures may be
subject to reasonable regulations concerning the bulk and height of structures
and determining yard sizes, lot area, setbacks, open spaces, parking and
building coverage requirements. ARTICLE II, Definitions § 145-5. Word usage and definitions. In this Bylaw the following terms shall have the following meanings unless a contrary meaning is required by the context or is specifically prescribed. Words used in the singular include the plural and words used in the plural include the singular. Words used in the present tense include the future. ACCESSORY USE OR BUILDING -- A use or building which is subordinate and customarily incidental to and located on the same lot with the principal use or building to which it is accessory. APARTMENT [Amended 3-16-1987 STM by Art. 2] A. APARTMENT
UNIT -- A room or enclosed floor space within a dwelling or
apartment/multifamily building used or intended for use by one family for
living, sleeping, cooking and eating. B. APARTMENT/MULTIFAMILY
BUILDING -- A building designed and constructed so as to contain
three or more suites of one or more rooms, each suite provided with individual
cooking and other facilities for independent housekeeping, used or intended to
be used for the non-transient housing of three or more families. BED AND BREAKFAST -- A single-family home in which rooms, with or without meals, are available to guests for compensation. "Bed and breakfasts" shall: [Amended 3-16-1987 STM by Art. 16; 4-27-1991 STM by Art. 1] A. Require
a special permit from the Board of Appeals;
B. Not
contain more than four bedrooms for compensation excluding the rooms occupied
by the owner of the premises. BUILDING -- A structure having a roof or cover and forming a shelter for persons, animals or property. BUILDING HEIGHT -- The vertical distance from the mean level of ground at the actual building line of the proposed building to the highest point of the roof or parapet for flat or shed roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Height limitations shall not apply to television antennas, chimneys, spires or extensions of the structure strictly ornamental in nature. [Amended 3-16-1987 STM by Art. 4] BUILDING LOT -- A building lot is a lot (as defined in these Bylaws) on which a structure is already located or is to be constructed. [Amended 3-17-1987 STM by Art. 45] CAMPER-TRAILER or TRUCK MOUNTED CAMPER -- Shall mean any vehicle used or so constructed as to permit its being used as a conveyance on the public roads and highways and duly licensed as such, and constructed in such a way as will permit temporary occupancy thereof as a sleeping place for one or more persons. DUMP -- Any accepted method of waste disposal as allowed by local, state and federal regulations. [Amended 3-16-1987 STM by Art. 5] DWELLING -- A building or part thereof designed, erected and used for continuous and permanent habitation for one or more families or individuals. DWELLING UNIT -- One or more rooms with cooking, living, sanitary and sleeping facilities arranged for the use of one or more persons living together as a single housekeeping unit, but not more than five persons unrelated by blood or marriage. EXTERIOR LINE -- The dividing line between a street and a lot and, in the case of a public way, the street line established by the public authority laying out the way upon which the lot abuts. FAMILY -- Any number of persons living together as a single economic unit and ordinarily using a single cooking facility.[i]EN
GUEST HOUSE, PRIVATE -- An accessory use on a lot which contains a dwelling. The guest house is to be occupied on a temporary basis only by nonpaying guests of the principal dwelling, and may contain sleeping and sanitary facilities, but may not contain cooking facilities. HOME OCCUPATION -- An activity customarily carried on by the permanent residents of a dwelling unit, inside the dwelling unit requiring only customary home equipment. Home occupations do not include barber shops or beauty shop nor do they involve the sale of articles produced outside the dwelling unit nor any activity involving odor, vibration, smoke, dust, heat, or other objectionable effects. HOTEL/MOTEL -- A building or portion thereof, or a group of buildings on a single lot intended to be used for the temporary occupancy of three or more persons who are lodged, with or without meals, and in which major provisions for cooking may be made in a central kitchen but may not be in the individual rooms or suites. [Amended 10-22-1985 STM by Art. 10] LOT -- The term "lot" shall mean a single area of land, wholly in one ownership, defined by metes and bounds as set forth in or shown on a deed or plan recorded with the Middlesex South District Registry of Deeds or a deed or plan registered with the South Registry District of Middlesex County; or a metes and bounds description of the land area conforming to that contained in a recorded or registered deed, together with a copy of the deed; or a plan prepared by a registered land surveyor, conforming to generally accepted professional standards and defining the land area by metes and bounds; or both a deed and a plan, if both are available, which description and deed, or plan, or all, have been filed as a part of an application for a building permit, variance, site plan or subdivision approval, or special permit; provided that the building permit, variance, site plan or subdivision approval, or special permit has been duly granted by the Town official or Board having jurisdiction to do so, and the building permit, variance, site plan or subdivision approval, or special permit is in effect in accordance with its original terms and with the requirements and limitations of applicable law. The term "corner lot" shall mean any lot abutting on two or more streets at their intersection. [Amended 3-17-1987 STM by Art. 43] LOT AREA -- The horizontal area of a lot exclusive of any area in public or private way open to public use and any body of water. LOT COVERAGE -- The amount of area on a lot covered by the horizontal cross section of structures. LOT FRONTAGE -- The lot frontage shall be measured along a straight line connecting points of intersection of the side lot lines with the front lot line. LOT LINE, FRONT -- A line dividing a lot from a street right-of-way. On any lot bounded on more than one side by a street, the street boundary that is to be lot "front" shall be so designated in any application for a permit to build on such lot. [Amended 3-16-1987 STM by Art. 10] LOT LINE, REAR -- Except for a triangular lot, the lot line opposite the "front" lot line. LOT LINE, SIDE -- Any lot line not a front or rear. LOT WIDTH -- The rectilinear dimension of a lot regardless of the orientation of such dimensional figure to street frontage. No part of the lot may be less wide than 35 feet in any dimension except at the corners, provided however, that the requirements of the Land Space Requirements Table are complied with.[ii]EN [Amended 3-16-1987 STM by Art. 11]
MOBILE HOME -- A structure designed as a dwelling unit containing sleeping accommodations, a toilet and kitchen facilities, with plumbing and electrical connection provided for attachment to outside systems, built on a chassis and designed to be transported after fabrication on its own wheels.[iii]EN
[Amended 3-16-1987 STM by Art. 12] MOTOR VEHICLE SERVICE STATION [Amended 5-18-1987 STM by Art. 12] A. MOTOR
VEHICLE SERVICE STATION -- Premises devoted primarily to retail sales
and on-premises dispensing of fuels, oils and lubricants, with any repair
services, other sales, leasing and/or rentals, or services of secondary
importance. B. MOTOR
VEHICLE SALES FACILITY -- Premises devoted primarily to retail sales,
leasing, and/or rental of new and/or used motor vehicles, with any repair
services, other sales, or services, of secondary importance. C. MOTOR
VEHICLE REPAIR SHOP -- Premises devoted primarily to motor vehicle
repair services and/or body work, with any other sales or services of secondary
importance. D. SALES
FACILITY FOR BOATS, CAMPER-TRAILERS, FARM EQUIPMENT, OR CONSTRUCTION
EQUIPMENT -- Premises devoted primarily to retail sales, leasing,
and/or rental of new and/or used boats, camper-trailers, farm equipment, or
construction equipment, with any repair services, other sales, or service, of
secondary importance. [Amended 5-7-2002
STM by Art. 18] NONCONFORMING USE, BUILDING OR STRUCTURE -- An existing use of land, or a building or structure or use thereof which does not conform to the regulations for the district in which it exists. [Amended 3-16-1987 STM by Art. 14] PARKING SPACE -- An area containing not less than 200 square feet suitable for parking of one motor vehicle. [Amended 3-16-1987 STM by Art. 15] PREFAB HOME -- Structure designed for over the road transportation to be permanently fixed to a proper foundation (as opposed to a mobile home). SIGN -- Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks, whether stationary or portable, by which anything is known, such as are used to designate or locate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are visible from a public or private street or right-of-way and used to attract attention. STORY -- The portion of a building between the upper surface of any floor and the upper surface of the floor next above, having more than 1/2 of its height above the average elevation of the finished grade adjoining the building. Any part of a building between the topmost floor and the roof shall be deemed a half-story. STREET -- An accepted Town way, a way established by or maintained under county, state or federal authority, a way established by a subdivision plan approved in accordance with the Subdivision Control Law, and, in addition, these ways must in the opinion of the Planning Board have sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. [Amended 3-16-1987 STM by Art. 17] STRUCTURE -- Anything constructed or erected, the use of which requires fixed location on the ground or attachment to something located on the ground, including swimming pools if more than 23 inches deep or 250 square feet in area or gas or liquid storage tanks if principally above ground, but not including walls or fences. [Amended 3-16-1987 STM by Art. 18] YARDS A. FRONT -- An
open space extending the entire width of a lot from lot side line to lot side
line between the front lot line or lines and the nearest point of a building or
structure. [Amended 5-1-2001 ATM by Art.
35] B. REAR -- An
open space extending the entire width of a lot from side line to side line
between the rear lot line or the corner of a triangular lot farthest from the
front lot line and the nearest point of the building. C. SIDE -- An
open space extending along a side line of a lot (between the front yard and the
rear yard on such lot) and extending between the side line of such lot and the
nearest point of the building or structure.
[Amended 5-1-2001 ATM by Art. 35]
ARTICLE III, Establishment of
Zoning Districts § 145-6. Types of districts. [Amended
3-16-1987 STM by Art. 19; 1-17-1989 STM by Art. 16; 5-7-2002 STM by Art. 18] The Town of Townsend is hereby divided into zoning districts designated as follows:
§ 145-7. Location of districts. [Amended
1-17-1989 STM by Art. 16]
Except for Wetlands and Floodplain Districts, the location and boundaries of these districts are hereby established as shown on maps entitled "Townsend Zoning Bylaw Maps #1 - 12," dated January 1989, and bear the signatures of the members of the Planning Board. Floodplain District is shown on maps entitled "Flood Insurance Rate Maps and Flood Boundary and Floodway Maps," dated August 2, 1982. All maps are on file in the office of the Town Clerk. These maps with all explanatory matter thereon are declared to be a part of the Zoning Bylaw of the Town of Townsend, Mass. A. All
areas of Townsend not indicated on the maps as being in a commercial or
industrial district are zoned residential.
B. Residential
Aquifer Overlay District (RA) shall be delineated as the GZD Associates
boundaries as shown on a map entitled "Distribution of Aquifers, Townsend,
Mass., December 15, 1984, Nashua River Watershed Association, Figure 2,"
and if a lot falls within both the RA and any other residential district, the
lot shall be considered RA. This map shall also be used to define the
"Aquifer Protection Overlay District" as regulated in § 145-40
of this Bylaw. C. The
commercial and industrial districts as shown on Maps #2 - 12 are based on the
"Assessor Maps" revised December 31, 1986. § 145-8. Amendments to maps. Any changes or amendments shall be indicated by the alteration of such map, and the map thus altered is declared to be a part of the Bylaws thus amended. § 145-9. District boundaries. Where a district boundary is indicated as within or parallel to a street, highway, railroad right-of-way, watercourse or town municipal boundary, such district boundary shall be construed as the center line or being parallel to the center line of such street, highway, railroad right-of-way, watercourse or town municipal boundary. § 145-10. Determination of boundaries. [Amended
1-17-1989 STM by Art. 16]
Whenever any uncertainty exists as to the exact location of a zoning district boundary line, the location of such line shall be determined from the scale of the map. Full size Assessor Maps to determine the scale for the parcels of land indicated on Neighborhood Commercial District, Downtown Commercial District, Outlying Commercial District, and Industrial District Maps may be used. Additionally, full size Distribution of Aquifers, Townsend, Mass, December 15, 1984, Nashua River Watershed Association, "Figure 2" maps at a scale of 1:25,000 may be used. ARTICLE IV, Application of
Regulations; Modifications and Exceptions [Amended 3-17-1987 STM by Art. 48] § 145-11. Construction or use of buildings or
improvements; use of land. No building or improvement shall be constructed or used, and no land shall be used or divided except in conformity with the provisions of these Bylaws. All other buildings and improvements, and all other uses of land or of buildings or improvements are hereby expressly prohibited, except those already lawfully existing, which by the provisions of this Bylaw have become lawfully nonconforming. § 145-12. Lots partly situated in other towns. When a lot is situated partly in the Town of Townsend and partly in an adjacent municipality, the provisions of this Bylaw shall be applied to the portion of such lot in the Town of Townsend as if said portion were a separate lot located in the Town of Townsend. § 145-13. Lots divided by district boundary lines. [Amended
12-4-1990 STM by Art. 6] A. When
a zoning district boundary line divides a lot into two or more sections, that
portion of land which is in the least restrictive zone shall be governed by the
use of land and dimensional requirements of the more restrictive zone. B. When
a lot is divided by a zoning district boundary so that a portion of the lot is
in a commercial/industrial district and the remainder is located in a
residential district, the use of land for commercial or industrial purposes
shall be allowed provided that the use be maintained within the
commercial/industrial district boundary lines and will conform to the land use
regulations and dimensional requirements of the appropriate commercial or
industrial district. The use of a portion of the land in the more restrictive
zone (residential) as an accessory use to a legal or conforming use or
structure in the less restrictive zone shall be prohibited. § 145-14. Principal buildings and frontage. No building shall be erected except on a lot fronting on a street, and there shall be not more than one principal building on any residential lot except as provided for in this Bylaw. § 145-15. Eminent domain. Any land taken by eminent domain, or conveyed for a public purpose for which the land could have been taken by eminent domain, shall not be deemed to be transferred in violation of the provisions of Article VII of this Bylaw. § 145-16. Land below mean high water. Land lying below mean high water shall not be included as part of a lot for the purpose of meeting area requirements of this Bylaw. ARTICLE V, Nonconforming Uses
[Amended 3-16-1987 STM by Art. 20] § 145-17. Applicability. Except as hereinafter provided, this Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the date of the first publication of notice of the public hearing of such Bylaw required by MGL c. 40A, § 5. § 145-18. Extensions and alterations; special permit
required. [Amended
4-27-1991 STM by Art. 2]
Pre-existing, nonconforming structures or uses may be extended, altered, changed or rebuilt only by special permit from the Board of Appeals and subject to the provisions of § 145-65F. Any such rebuilding, change, extension or alteration shall not be more detrimental than the existing nonconforming use to the neighborhood. Exempted from the requirement for a special permit are the following: A. Alteration,
reconstruction, extension or structural change to a nonconforming single- or
two-family residential structure where such change does not increase the
nonconforming nature of said structure. B. Interior
alteration of any existing structure which does not change the nature of, nor
increase the intensity of a nonconforming use.
C. Reconstruction
of a legally nonconforming structure damaged or destroyed by fire or other
accidental or natural cause if reconstruction is started within 24 months and
completed within 36 months of the damage or destruction. § 145-19. Loss of nonconforming status after
abandonment. Any nonconforming use or structure which has been abandoned or discontinued for two years or more loses the protection of § 145-17 and shall be required to conform to the current Bylaw. § 145-20. Previously issued permits. Construction or operation under a building permit or special permit must conform to any subsequent amendments of the Zoning Bylaw unless the use or construction is commenced within a period of six months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion continuously and expeditiously. § 145-21. Nonconforming lots in a residential district.
[Added
4-27-1991 STM by Art. 3]
Setback requirements for the construction of any accessory structure or addition to an existing dwelling need only conform to the Zoning Bylaw requirements in existence at the time of issuance of the original building permit. For structures in existence prior to the Zoning Bylaw refer to § 145-18. ARTICLE VI, Land Use
Regulations § 145-22. Applicability. [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.[iv]EN
§ 145-23. Dumps. [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 Thompson 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. § 145-24. Driveways and entrances. [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. Before approval is granted, the application shall be referred to the
Highway Superintendent, and if necessary, to other boards and/or
commissions. C. Design
requirements. (1) Entrances
shall be located to the best advantage with regards to street alignment,
profile, sight distance, and safety conditions.
(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. (See Subsection D of this section for
common driveways.) (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. (5) Entrance width, measured from the edge of pavement to a point 15 feet onto the applicant's property shall be:
(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 Department of Public
Works Standard and Regulations. (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. (11) Driveway
design, layout, and construction shall be approved by the Building
Inspector. 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. Certification of said recording shall be provided to the Building
Inspector. (7) All
provisions of this § 145-24, with the exception of access strips, shall
apply to the common drive unless noted otherwise. E. Inspections
and fees. (1) The
Building Inspector reserves the right to inspect the proposed site before,
during, and after construction. (2) The
Building Inspector may establish reasonable fees for driveway application and
inspections. § 145-25. Distribution systems. All distribution systems must be provided underground, including water, sewerage and gas lines. § 145-26. Residential districts. [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) Orchard,
market garden, nursery, greenhouse, or other use of building or land for the
raising of agricultural, horticultural or floricultural crops. (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. (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). (e) Sign
pertaining to a permitted or authorized use of the premises on which it is
located, including the sale or lease thereof, provided however that the
requirements of Article X of these Bylaws are complied with. 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. (1) Accessory
apartment provided the requirements of § 145-36 are met. (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).
(5) Antique
shop, provided the requirements of §§ 145-42 and 145-43 are met. (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, animal or veterinary hospital, provided that such use is located on the
same premises as a dwelling and is conducted by a resident thereof. (10) Salesroom
or stand for the sale of nursery, greenhouse, garden or farm produce (including
articles of home manufacture from such produce), provided that the major
portion thereof is raised on the premises (or made from produce so
raised). (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 (but not 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. (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. (14) Multifamily
structures provided, however, the requirements of § 145-37 are met. (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] § 145-27. Downtown Commercial District (DCD). [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) 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) Storage
and parking of goods and equipment. (5) Sales
facility for boats, camper-trailers, farm equipment or construction
equipment. [Amended 5-7-2002 STM by Art.
18] 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. § 145-28. Neighborhood Commercial District (NCD). [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.
C. NCD
uses allowed by special permit from the Board of Appeals (see Article XI): (1) 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.
(2) Mixed
use (residential and commercial). 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. § 145-29. Outlying Commercial District (OCD). [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. (8) Hotel/motel
in operation prior to January 1, 1970, provided the requirements of
§§ 145-35, 145-42 and 145-65 are met.
[Added 4-29-1991 ATM by Art. 41]
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] § 145-30. Industrial District (ID). [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. D. ID
uses allowed by special permit from the Planning Board (see Article XI): (1) Adult
use establishments (as defined in § 145-53). [Added 9-9-1997 STM by Art. 10] ARTICLE VII, Land Space
Requirements § 145-31. Construction or alteration of buildings or
structures. [Amended
1-4-2000 STM by Art. 12
No building or structure shall be built nor shall any existing building or structure be enlarged or altered except in conformance with the regulations of this Zoning Bylaw as to lot coverage, lot area, land area per dwelling unit, lot frontage, lot width, front, side and rear yards, and maximum height of structures, in the several districts as set forth below except as may otherwise be provided elsewhere in this Zoning Bylaw. § 145-32. Land and yard space for new buildings.
A. The land and yard spaces required for any new building or use shall not include any land or area required by any other building or use to fulfill zoning requirements.[v]EN
B. The
front, side, or rear setback requirements for an addition to an existing
residential structure, in current use as such in the RA or RB Zones may be
reduced by the issuance of a special permit, subject to all requirements of
§ 145-65, but only down to the following limits: [Added 1-4-2000 STM by Art. 13]
ARTICLE VIII, Parking
Requirements [Amended
5-7-1986 STM by Art. 2]
§ 145-33. Provisions applicable to all districts. The following shall apply to all premises in all districts. A. Performance
requirement. Off-street parking must be provided to service the net increase in
parking demand created by new construction, additions, or change of use.
Buildings, structures and uses in existence April 29, 1986 are not subject to
these requirements as long as they are not enlarged or changed to increase
their parking needs. B. Number of spaces. The additional parking required for a change of use or addition equals the parking requirements under the Table of Minimum Requirements for the premises as existing, or the actual amount of existing parking retained, if greater. Requirements are added for mixed uses (e.g. both motor vehicle service station and commercial enterprise requirements would apply to a motor vehicle service station selling retail products).
C. Parking
area design and location. (1) Location.
Required parking shall be either on the same premises as the activity it
serves, or located within 300 feet of the building entrance on a separate
parcel, not separated by a street having right-of-way width of 60 feet or more,
and in a zoning district allowing the activity it serves. (2) Surface.
All required parking areas, except those serving single-family residences,
shall be paved, unless exempted on special permit from the Planning Board for
cases such as seasonal or periodic use where an alternative surface will
prevent dust, erosion, water accumulation or unsightly conditions. (3) Backing.
Parking areas with five or more spaces shall be designed and located so that
their use does not involve vehicles backing onto a public way. (4) Egress. (a) There
shall be not more than two driveway openings onto any street from any single
premises unless each opening center line is separated from the center line of
all other driveways serving 20 or more parking spaces, whether on or off the
premises, by 200 feet (measured at the street line) in a commercial district or
by 300 feet if in any other district. (b) No
such opening shall exceed 24 feet in width at the street line unless necessity
of greater width is demonstrated by the applicant, and the opening is designed
consistent with Massachusetts DPW regulations, Section 10A-9 or subsequent
revisions. No driveway side line shall be located within 50 feet of the street
line of an intersecting way. All driveways serving five or more parking spaces
shall be constructed with a minimum edge radius of five feet on both sides. All
driveways serving 40 or more parking spaces must have not less than 250 feet
visibility in each travel lane entering a state-numbered or maintained highway,
and not less than 150 feet visibility on other streets. [Amended 4-27-1991 STM by Art. 5] (5) Setbacks
[except as noted in Subsection C(6)]. No part of any private parking area
having five or more parking spaces shall be located within a required front
yard as defined in Article II, Definitions, and Article VII, Land Space
Requirements, nor shall any private parking area be located within five feet of
any property line except that where a lot has frontage on more than one street,
thus establishing more than one front yard, the Planning Board may, as part of
the site plan review process, designate one front yard as the primary front
yard and then reduce the front yard setback requirements for parking on
non-primary front yards. Any such reduction shall be limited to only those
situations where the applicant needs the reduction to meet the parking
requirements for the proposed use; but the setback shall never be less than
five feet from any property line. (6) Parking
lot plantings. Parking lots containing 10 or more parking spaces shall have at
least two trees per eight parking spaces, such trees to be located either
within the lot or within five feet of it. Such trees shall be at least two-inch
diameter, with not less than 40 square feet of unpaved soil or other permeable
surface area per tree. At least 5% of the interior of any parking lot having 25
or more spaces shall be maintained with landscaping, including trees, in plots
of at least four feet in width. Trees and soil plots shall be so located as to
provide visual relief and sun and wind interruption within the parking area,
and to assure safe patterns of internal circulation. D. Street
and side line planting. The following shall apply to premises in all
zones. [Amended 1-17-1989 STM by Art.
36] (1) When
required. Street and side line planting is required when any new building,
addition or change of use required a parking increase of five or more
spaces. (2) Trees.
Trees for street or side line planting shall have at least two-inch diameter
and be of size, species, and spacing such that tree drop lines approximately
meet at maturity. Species shall be ones common in the area which reach an
ultimate height of not less than 30 feet, and may be either planted or
retained. (3) Location.
The side line planting area shall be at least five feet wide, free of any
paving (except for access drives connecting abutting premises), containing
trees as described above. The screening shall extend from the street line to
the deepest point on the premises having buildings or parking. The street
planting shall consist of a band of trees within 20 feet of the street lines,
continuous except at driveways. Screening shall be located or trimmed to avoid
blocking egress visibility. (4) Existing
trees. If located within 25 feet of a street, no existing tree of four-inch
diameter or greater, dense hedgerow of four or more feet in both depth and
height or existing earth berm providing similar visual screening shall be
removed or have grade changed more than one foot unless dictated by plant
health, access safety, or identification of the premises, as determined by the
Planning Board. (5) Exceptions.
Where plant materials as required in Subsection D(1) would harmfully obstruct a
scenic view or vista, the Planning Board may grant a special permit to allow
substitution of low level plantings which will visually define the street edge
or property line provided that proposed buildings are also designed and located
to preserve that view or vista. (6) Maintenance.
All plant materials required by this bylaw shall be maintained in a healthful
condition. Dead limbs shall be promptly removed, and dead plants shall be
replaced at the earliest appropriate season. ARTICLE IX, Special Provisions § 145-34. Additional requirements. [Amended
1-17-1989 STM by Art. 37]
The following uses may be permitted as designated in Article VI, Land Use Regulations, provided they meet the following requirements in addition to any other requirements. § 145-35. Motels. A. The
density of motel units per acre shall be no more than five. [Amended 5-18-1987 STM by Art. 22] B. On
each lot used for motel purposes there shall be provided front yard 60 feet in
depth, rear and side yards each not less than 50 feet in depth. C. A
space not less than 20 feet shall be maintained open with grass, bushes,
flowers or trees all along each side lot, rear lot and front lot, except for
entrance and exit driveways, and such open space shall not be built on, nor
paved nor used for parking. D. No
space within the required front yard depth shall be used for parking except as
a temporary nature such as for registering. No parking spaces are allowed in
required yard depths and all parking shall be at the side, rear or under the
building for which it is intended. E. Each
motel site shall be provided with not more than two motor vehicle driveways for
each abutting street which shall intersect the abutting street or streets at
90°. F. Each
rental unit shall contain not less than 250 square feet of habitable floor
area. G. Subject
to Board of Appeals, uses such as but not limited to restaurants, convention
facilities, health clubs, retail shops, beauty and barber shops are permitted
within motels containing 100 or more units.
H. Hotels/motels
in operation prior to January 1, 1970 have the capability to expand to a
maximum density of 10 units per acre with or without individual kitchens. [Added 4-29-1991 ATM by Art. 41] § 145-36. Accessory apartments in residential district.
[Added
1-17-1989 STM by Art. 38] A. Purpose.
Recognizing the need to provide alternative affordable housing for family
members, the following regulations are established for accessory apartments in
a residential district. It is expressly understood that this section does not
provide for "two-family" or "duplex" type housing. [Added 12-4-1990 STM by Art. 9] B. An
owner or owners of a single-family dwelling in an RA or RB District may apply
to the Board of Appeals for a special permit for the construction and occupancy
of an accessory dwelling unit, hereinafter "accessory apartment" in
such single-family dwelling. In no case shall there be more than one accessory
apartment in any single-family dwelling.
C. In
accordance with the provisions of Article XI of this bylaw, and after due
consideration of the report and recommendation of the Board of Health (see
Subsection C), the Board of Appeals may grant a special permit provided
that: [Amended 12-4-1990 STM by Arts. 10
and 11; 4-27-1991 STM by Art. 7] (1) The
accessory apartment is accessory to the principal residence, the floor area of
the apartment shall not exceed 35% of the floor area of the principal residence
and the apartment combined, and either the apartment or the principal residence
is occupied by the owner of the lot on which the apartment is to be located,
except for bona fide temporary absences.
(2) Adequate
provision has been made for the disposal of sewage, waste and drainage of such
accessory apartment in accordance with the requirements of the Board of
Health. (3) Adequate
provision has been made for ingress and egress to the outside from such
accessory apartment. (4) The
construction and occupancy of the accessory apartment will not be detrimental
to the neighborhood in which the lot is located. (5) The
lot on which the accessory apartment and principal residence are located
contains at least one acre. (6) Adequate
provision has been made for off-street parking of motor vehicles in such a
fashion as is consistent with the character of a single-family residence. (7) There
is no other apartment on the lot on which the accessory apartment is to be
located. D. In order to ensure compliance with Subsection B(2) above, the applicant shall obtain and submit to the Board of Appeals prior to the hearing a written report of the Board of Health certifying that the conditions of Subsection B(2) have been met. The Board of Health may supplement its report within five days after the hearing.[vi]EN
E. Any owner or owners of a single-family dwelling in RA and RB Districts seeking a new or a renewal of an accessory apartment permit shall agree to abide by the terms of a local housing agency or partnership program to ensure moderate income occupancy of the apartment thus created for a period of not less than five years. The local housing agency or partnership shall permit deferral of the program if the homeowner wishes to accommodate initially a family member or members. For the purpose of this section, family member shall be defined as one of the blood, step or adopted relatives of the homeowner or spouse as follows: mother, father, sister, brother, son, daughter, uncle, aunt, grandmother, grandfather and/or their spouses. Should the family member "vacate" the accessory apartment, the agreement with the local housing agency or partnership may be voided, providing the accessory apartment is discontinued and the dwelling reverts back to compliance with § 145-26A(1). Any apartment proposed hereunder shall comply with all applicable provisions of this § 145-36. Any permit granted pursuant to this section shall be of five years' duration revocable upon sale of the property unless the buyer, by written notice to the Board of Appeals, agrees to the local housing agency or partnership program for the balance of the term.[vii]EN
[Amended 12-4-1990 STM by Art. 12] § 145-37. Apartments. [Amended 5-7-1986 STM by Art. 3; 1-17-1989 STM by Art.
39] No apartment/multifamily structure as defined shall be constructed except in conformance with the requirements of this section and § 145-65. Apartments/multifamily structures shall require a special permit from the Board of Appeals. There shall be not more than one apartment/multifamily structure per building lot. The following shall be considered the minimum standards for apartment/multifamily development: A. Zoning
district allowed: RA, RB. B. Minimum
lot area: eight acres. C. Minimum
lot frontage: 500 feet. D. Minimum
front yard: 100 feet. E. Minimum
side yard: 60 feet. F. Minimum
rear yard: 60 feet. G. Density:
not to exceed one apartment unit per three acres in RA Districts; two acres in
RB Districts. H. Structure
size: not to contain more than six units per each detached structure. I. Maximum
lot coverage: by buildings and pavement: 35% of gross upland land area. § 145-38. Mobile homes. [Amended 5-7-1986 STM by Art. 4] Mobile homes, as defined, may be placed on a lot for a period not to exceed 12 months for the sole purpose of allowing, specifically, the lot owner a temporary residence while a permanent residence is being constructed. Any such mobile home shall be subject to the provisions of the state and Townsend sanitary code, wetlands regulations and other appropriate ordinances or bylaws. § 145-39. Open space preservation development (OSPD). [Amended
5-7-1986 STM by Art. 5] A. Purpose.
In order to provide for the public interest by the preservation of open space
in perpetuity, variety in residential housing development patterns which allow
for development more harmonious with natural features and Town growth policies
than traditional residential development, to promote the maximum possible
protection of open space, visual quality and watershed protection, and to
encourage efficient provision of necessary utilities and community services,
the following regulations are established for open space preservation
development within the Town of Townsend. In making any and all determinations
under this bylaw, the Planning Board shall always compare the impact of an open
space development with potential conventional development, and may approve open
space development only if the proposal is superior to a conventional
development. B. Applicability.
Open space preservation development shall be allowed within Residence
"A" and Residence "B" Zoning Districts subject to the
requirements of this bylaw for those districts, and in accordance with the
additional requirements specified herein.
C. General
requirements. (1) Any
parcel of land located within a zone permitting OSPD which would accommodate at
least 10 dwelling units under the provisions of the underlying zoning district
may be considered for an OSPD subject to a special permit issued by the
Planning Board. (2) After
an OSPD application has been submitted, no utility installations, no ditching,
grading or construction of roads, no grading of land or lots, no excavation
except for purposes of soil testing, no forest harvesting, no dredging or
filling, and no construction of buildings or structures shall be done on any
part of the development site until the application has been reviewed and
approved as provided by these regulations.
(3) No
OSPD will be approved within an established single-family residential
neighborhood if the Planning Board determines that such land use would have a
detrimental effect upon the surrounding property. (4) It
shall be the responsibility of an applicant for an OSPD special permit to
demonstrate to the Planning Board that this form of land development will be as
or more appropriate than traditional patterns of residential development for
the particular site being considered. D. Permitted
uses. (1) Detached
single-family dwellings, as defined, including all accessory uses allowed
appurtenant thereto. (2) Uses
permitted within the common open space as described in these regulations. (3) Recreational
facilities for OSPD purposes. E. Minimum
requirements. (1) Density.
The total area of the tract proposed for OSPD shall be at least 10 acres of
contiguous upland. The total number of residential units allowable on a site
proposed for OSPD shall not exceed the number of units that would be allowed in
the zoning district in which the site is located. The burden of proof shall be
upon the applicant in determining the allowable number of units. The total
number of units allowed shall be determined by the following method: (a) Layout
by a preliminary sketch plan showing the total number of lots which could be
obtained by utilizing a conventional grid subdivision. The plan shall show all
wetlands along the potential sites for home; and if individual septic systems
and/or wells for drinking water would be necessary to serve the homes, then
also the location of subsurface sewage disposal system and/or well on each lot.
Where available, medium intensity soil survey maps, such as those available
from the USDA Natural Resource Conservation Service, shall be provided.
Furthermore, the SPGA may require the applicant to provide or pay for the
creation of more detailed, high-intensity maps, or other data, if there is any
indication of ledge, shallow soils, or other indication that the lots shown on
the conventional plan may not be buildable as a practical matter. The applicant
shall also provide financial data, based on the known data, including current
housing prices and reasonable inflation and population projections,
demonstrating that the conventional subdivision is financially viable, and
could be completed and sold within the same time frame planned for the open
space proposal. [Amended 5-2-2000 ATM by
Arts. 38 and 39] (b) Data
proving that adequate provision for sanitary sewage can be provided to each lot
in the conventional subdivision. If individual septic systems would be
necessary to serve the homes, then the following data must be included: [Added 5-2-2000 ATM by Art. 38] [1] Records
of all soil tests performed on the site, whether or not performed by or on
behalf of the applicant, on file with the Board of Health and the Nashoba
Associated Boards of Health. [2] Soil
test data meeting the requirements of the Board of Health which show that a
subsurface sewage disposal system conforming with all current state and local
requirements could be installed on each lot in the conventional
subdivision. (2) Density regulations. The Planning Board may grant a reduction on all density regulations of the underlying zoning regulations for all portions of an OSPD, with the exception of height and front, side and rear yard setbacks, if the Planning Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with these regulations provided that in no instance shall any lot deviate from the following table of minimum requirements:
(3) Frontage
requirements. Frontage requirements for lots on the arc of the curve at the end
of so called "cul de sacs" may be reduced to no less than 25% of the
required minimum for the zoning district as established in Article VII of the
bylaw. [Amended 4-27-1991 STM by Art.
10] (4) Development
standards. Prior to the issuance of a special permit for an OSPD, the applicant
shall submit the information necessary to demonstrate that the following
development standards have been met: (a) The
development will not cause unreasonable traffic congestion or unsafe conditions
both within and outside of the development and will comply with Town standards
for parking, access, road design and construction. (b) The
development will provide for and maintain convenient and safe emergency vehicle
access to all buildings and structures at all times. (c) The
nature of the soils and subsoils shall be suited for the intended purposes.
This determination shall focus upon, but shall not be limited to the location,
design and construction of roadways, buildings, septic systems and surface
water drainage systems. Soil borings or test pits may be made to provide
information on soil texture, color, percolation rates and depth to the
groundwater table at its maximum elevation.
(d) Anticipated
stormwater runoff from the site shall not exceed peak runoff from the site
prior to development. The applicant shall submit formal drainage calculations
by a registered professional engineer for this purpose. (e) Proper
soil erosion and sedimentation control measures shall be employed to minimize
sedimentation and siltation of existing surface water bodies and wetlands. In
areas where the land slopes downward towards any surface water body, or
freshwater wetland, proposed filling, cutting, clearing or grading shall be
minimized and all such development activities shall be carried out in such a
way as to retain the natural vegetation and topography wherever possible. The
Planning Board may require that an erosion and sedimentation control plan be
submitted if significant erosion is anticipated in slope areas. (f) The
site design shall preserve and, where possible, enhance the natural features of
the property, including scenic views, by adapting the location and placement of
structures and ways to the existing topography in order to minimize the amount
of soil removal, tree cutting and general disturbance to the landscape and
surrounding properties. (g) The development shall comply with all other provisions of the Subdivision Rules and Regulations of the Planning Board[viii]EN
and any other land use regulations of the Town in effect at the time of
application, insofar as they are apt. (h) The
Planning Board may hire, at its discretion and at the project proponent's
expense, a qualified firm or firms to evaluate the technical information
presented to the Planning Board. [Added
1-17-1989 STM by Art. 40] (i) Precast
reinforced concrete or granite monuments shall be set at all angle points,
beginnings and ends of curves, and at any other points as directed by the Board
marking the perimeter of the open space. These concrete or granite monuments
shall be a minimum of three feet in length, dressed to five inches square on
top, with a three-eighths- inch drill hole in the center of the top. These
bounds shall be set so the top is six inches above the finish grade. The
applicant shall deposit a certified check or cashiers check payable to the Town
of Townsend in the amount totaling $300 dollars per monument. The check shall
be refunded after submission of a certificate from a registered land surveyor
certifying that bound monuments have been accurately installed. [Amended 4-27-1991 STM by Art. 11] F. Open
space use and design standards. (1) Lots
for building purposes shall be grouped in clusters and within each cluster the
lots shall be contiguous. (2) Within
an OSPD, no less than 30% of the total land area shall be devoted to common
open space. The common open space shall not include land set aside for roads
and/or parking uses. No more than 50% of the common open space shall contain
wetlands as defined by Massachusetts General Laws, Chapter 131, Section
40. (3) The
common open space shall be designed and maintained in accordance with the
following standards: (a) Naturally
existing woods, fields, meadows and wetlands shall be maintained and improved
in accordance with good conservation practices.
(b) Common
open space shall be planned as large, contiguous units whenever possible.
Strips or narrow parcels of common open space shall be permitted only when
necessary for access or as vegetated buffers along the site's perimeter. (c) Common
open space may be in more than one parcel provided that the size, shape and
location of such parcels are suitable for the designated uses. (d) No
more than 20% of the common open space shall be covered by man-made impervious
surfaces. (e) Common
open space may be used for active and passive recreation, conservation,
forestry, agriculture, natural buffers, structures necessary to approved uses,
utilities and other facilities necessary for the convenience and enjoyment of
the residents, subject to approval by the Planning Board. (f) There
shall be a minimum setback of 50 feet between any common open space structures
and all property lines of the site. G. Common
open space ownership and management. (1) Common
open space in an OSPD shall be conveyed to: the Town and may be accepted by it
for park or open space use; a nonprofit corporation, the principal purpose of
which is the conservation of open space; or to a corporation or trust owned or
to be owned by the owners of lots or residential units within the development.
If a corporation or trust owned by the owners of lots or residential units is
utilized, ownership thereof shall pass with the conveyances of the lots or
units. In any case where such land is not conveyed to the Town, a restriction
enforceable by the Town shall be recorded at the Middlesex District Registry of
Deeds providing that such land shall be kept in open or natural state and not
be built upon for residential use or developed for accessory uses such as parking
or roadway. (2) If
the common open space is not to be conveyed to the Town, the application for an
OSPD special permit must include a program describing how the common open space
will be maintained in perpetuity to standards satisfactory to the Planning
Board. The applicant shall also provide as part of the common open space
proposal an agreement empowering the Town to perform maintenance of the common
open space in the event of failure to comply with the program included in the
application pursuant to the preceding sentence providing that, if the Town is
required to perform any maintenance work, the owners of lots or units within
the OSPD shall pay the cost thereof and that the cost shall constitute a lien
upon their properties until said cost has been paid. H. Duration
of approval. Notwithstanding anything to the contrary in this § 145-39,
any special permit granted by the Planning Board for an OSPD shall become void
within two years from the date of issue, which two years shall not include time
required to pursue or await determination of an appeal referred to in Section
17 of Chapter 40A of the General Laws, unless any substantial part of the
proposed construction work shall have been performed and proceeded in good
faith continuously to completion, except for a good cause. All open space shall
be dedicated at the time the special permit, as required, has been
granted. (1) If
at any time before, during or after construction of the proposed development
unforeseen conditions make it necessary or preferable to modify the project as
described in the approved definitive OSPD application, the Planning Board may
authorize such modifications provided that they are within the spirit of the
original proposal and comply with these regulations. § 145-40. Aquifer Protection Overlay District. [Added
5-7-1986 STM by Art. 12; amended 6-5-1993 STM by Art. 8; 4-29-1997 ATM by Arts.
48, 49, 52 and 53; 11-11-2002 STM by Art. 30] A. Findings.
The Town of Townsend finds that: (1) The
groundwater underlying this Town is the sole source of its existing and future
drinking water supply; (2) The
groundwater aquifer is integrally connected with, and flows into, the surface
waters, lakes and streams which constitute significant recreational and
economic resources of the Town used for bathing and other water-related
recreation and fishing; (3) Accidental
spills and discharges of petroleum products and other toxic and hazardous
materials and sewage effluent have repeatedly threatened the quality of such
groundwater supplies and related water resources throughout towns in
Massachusetts, posing potential public health and safety hazards and
threatening economic losses to the affected communities. B. Aquifer
Protection Overlay District. Aquifer Protection Districts shall be defined as
the aquifer boundaries shown on a map entitled "Distribution of Aquifers,
Townsend, Mass., December 15, 1984, Nashua River Watershed Association"
and shall be considered superimposed over any other district established in
this bylaw. C. Use
regulation. (1) Prohibited
uses. Except as hereinafter provided in Article IX, within the Aquifer
Protection District the following uses are specifically prohibited: sanitary
landfills, earth removal operations whereby earth or gravel is removed closer
to the maximum high water table than seven feet (except as permitted in
§ 145-46 of the Townsend Zoning Bylaws), junkyards, facilities for the
storage, dismantling, and sale of used motor vehicle parts, and any other uses
requiring a Class III license, municipal sewage treatment facilities with
on-site disposal of primary or secondary treated effluent, package sewage
treatment plants, car washes, road salt stockpiles, dumping of snow from
outside the Aquifer Protection District, establishments providing services and
repairs for boats, automobiles, trucks, motorcycles, or other vehicles
propelled by internal combustion engines, metal plating, chemical and
bacteriological laboratories, and storage, use, transportation or disposal of
toxic or hazardous materials. D. Density
regulations. Residential dwellings shall only be permitted at a density not
greater than that allowed by the underlying zoning district for single-family
residential dwellings. E. Special
permit uses. Within the Aquifer Protection District the following shall be
allowed only upon receipt of a special permit:
(1) Any
use involving storage or use of toxic or hazardous materials in quantities
greater than associated with normal household use, provided that a closed
recycling and reclamation system is used for all toxic or hazardous materials,
or other means acceptable to the SPGA is used to isolate hazardous materials
from the groundwater. In addition, the holder of any special permit under this
section must provide evidence on an annual basis that the Town of Townsend is
named as a loss payee on an appropriate environmental insurance policy. (2) Earth
removal operations whereby earth or gravel is not removed closer to the maximum
high water table than four feet. The special permit granting authority may
restrict the use of lands excavated to within four feet of the high water table
and set conditions on the further and future use of said land. All restrictions
and conditions established by the special permit granting authority shall be
noted as part of the special permit which shall be recorded with the property
deed at the Middlesex County Registry of Deeds. Specific land use restrictions
and/or conditions may be amended from time to time by the Board of Appeals
should future circumstances warrant such amendment. Any amendment to said
special permit shall require a public hearing and a decision-making procedure
as established by MGL c. 40A, § 9.
F. Special
permits. (1) Special
permit granting authority. The special permit granting authority (SPGA) under
this bylaw shall be the Board of Appeals. Such special permit shall be granted
if the SPGA determines in conjunction with other Town agencies as specified
in§ 145-65E that the intent of this bylaw as well as its specific criteria
are met. In making such determination, the SPGA shall give consideration to the
simplicity, reliability and feasibility of the control measures proposed and
the degree of threat to water quality which would result if the control
measures failed. The SPGA shall explain any departures from the recommendations
of the other Town agencies in its decision.
(2) Special
permit criteria. Special permits under Subsection E of this section shall be
granted only if the SPGA determines that groundwater quality resulting from
on-site waste disposal and other on-site operations will not fall below
applicable federal or state standards for drinking and recreational water at
the down-gradient property boundary. (3) Submittals.
In applying for a special permit required by this section, the information
listed below shall be submitted: (a) A
complete list of all chemicals, pesticides, fuels and other actually or
potentially toxic or hazardous materials, as well as the quantity, to be used
or stored on the premises in quantities greater than those associated with
normal household use, accompanied by a description of measures proposed to
protect all storage container/facilities from vandalism, corrosion and leakage,
and to provide for control of spills. Appropriate industry standard Material
Safety Data Sheets pertaining to each item on the list must also be provided.
Said list shall also be filed with the Hazardous Waste Coordinator (Fire Chief)
or his designee and all of his pertinent regulations shall be complied with. (b) A
description of actually or potentially toxic or hazardous wastes to be
generated, indicating storage, disposal and groundwater protection
methods. (c) Evidence
of approval by the Massachusetts Department of Environmental Quality
Engineering (DEQE) of waste treatment or disposal system or any wastewater
treatment system over 15,000 gallons per day capacity. G. Design
and operations guidelines. The following design and operation guidelines shall
be observed within the Aquifer Protection District. (1) Safeguards.
Provision shall be made to protect against toxic or hazardous materials
discharge or loss resulting from corrosion, accidental damage, spillage or
vandalism through measures such as, but not limited to: prohibition of
underground storage tanks; spill control provisions in the vicinity of delivery
points; secured storage areas for toxic or hazardous materials; and indoor
storage provisions for corrodible or dissolvable materials. For operations
which allow the evaporation of toxic or hazardous materials into the interiors
of any structures, a closed vapor recovery system shall be provided for each
such structure to prevent discharge of contaminated condensate into the
groundwater or into the atmosphere. (2) Location.
Where the premises are partially outside of the Aquifer Protection District,
potential pollution sources such as on-site waste disposal systems shall be
designed as if the entire premises were inside the Aquifer Protection
District. (3) Disposal.
In any operation in which toxic or hazardous wastes will be used or stored in
quantities greater than those associated with normal household use, the
applicant must demonstrate the availability and feasibility of disposal methods
which are in conformance with MGL c. 21C.
(4) Drainage.
All runoff from impervious surfaces shall be recharged on the site, diverted
towards areas covered with vegetation for surface infiltration to the extent
possible. Dry wells shall be used only where other methods are not feasible,
and shall be preceded by oil, grease, and sediment traps to facilitate removal
of contaminants. H. Violations.
Written notice of any violation of this bylaw shall be provided by the
Hazardous Waste Coordinator (Fire Chief) or his designee to the owner or
operator of the premises, specifying the nature of the violations and a
schedule of compliance, including cleanup of any spilled materials. The
Hazardous Waste Coordinator (Fire Chief) or his designee shall also notify the
Board of Health, Conservation Commission, Police Chief, Building Inspector,
SPGA, and DEP. This compliance schedule must be reasonable in relation to the
public health hazard involved and the difficulty of compliance. In no event
shall more than 30 days be allowed for either compliance or finalization and
implementation of a plan for longer-term compliance. Until plans for compliance
and implementation have been approved by the SPGA, all operations involving
hazardous materials at the site shall be suspended. I. Definition. TOXIC OR HAZARDOUS MATERIALS -- 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 were discharged to land, groundwater, or surface waters of this Town. Toxic or hazardous materials include, without limitation, organic wastes, acids and alkalis, pesticides, herbicides, solvents, thinners and wastes generated by activities such as (but not limited to) those listed below, 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 and Hazardous Waste Coordinator (Fire Chief) or his designee. Storage, manufacture or other activities involving the use of: (1) Hydrocarbon
fuels and solvents of any kind. (2) Airplane,
boat and motor vehicle service and repair.
(3) Chemical
and bacteriological laboratory operation.
(4) Cabinet
making. (5) Dry
cleaning. (6) Electronic
circuit assembly. (7) Metal
plating, finishing and polishing. (8) Motor
and machinery service and assembly. (9) Painting,
wood preserving and furniture stripping.
(10) Pesticide
and herbicide manufacturing and/or storage activities. (11) Photographic
processing. (12) Printing. § 145-41. Squannacook River area of critical
environmental concern. [Added
5-7-1986 STM by Art. 13] A. Purpose.
The Town of Townsend, recognizing the need to affirm and implement the intent
of state legislation establishing the Squannacook River Sanctuary Act (MGL c.
132A, § 17), namely to protect environmental values significant to flood
control, the prevention of storm damage, the protection of waters containing
fisheries and other public interests protected by the Wetlands Protection Act
(MGL c. 131, §§ 40 and 40A) hereby adopts the following regulations. B. Geographical
applicability. This article will apply to the waters of the Squannacook River
within the Town of Townsend and a buffer zone extending 300 feet landward from
each bank (as defined in MGL c. 131, § 40) of the Squannacook River. For
those lots or land parcels totally encompassed by this area so defined, this
article's applicability will be limited to 100 feet landward of the edge of the
wetlands, as defined by MGL c. 131, § 40.
(1) In
no event shall the geographical applicability of this section extend more than
300 feet landward from each bank (as defined in MGL c. 131, § 40) of the
Squannacook River. (2) This
section of the bylaw shall not apply to lands or structures used in the
production of hydroelectric or mechanically applied water power, provided,
however, that no use of such lands or structures shall be permitted which would
violate the provisions of MGL c. 132A, § 17. C. Regulation
of construction. Within the above described area, there will be no construction
of structures or removal of materials as regulated by § 145-46 of the
Townsend Zoning Bylaws. D. Regulation
of vegetation alteration. Within the areas described in Subsection B of this
section, there will be no clear cutting of existing vegetation and no more than
minimal disruption of wildlife habitats. However, this section shall not apply
in cases where the Conservation Commission determines that its application
would adversely affect the purposes of MGL c. 131, § 40. E. Site
design requirements. Enlargement, reconstruction or modification of any
structure permitted prior to the establishment of this bylaw shall conform to
the following: (1) Runoff
shall be directed towards areas covered with vegetation for surface
infiltration. Catch basins and piped storm sewers shall be used only where
other methods are infeasible. (2) Where
the premises are partially outside of the above-noted areas, site design shall
locate such potential pollution sources as on-site disposal systems as far from
the edge of the Squannacook River as is feasible. § 145-42. Site plan review special permit. [Added
5-7-1986 STM by Art. 14] A. Purpose.
Each use for which a site plan submission is required is a potentially
significant addition to a developing or developed area of the Town, and to a
residential, commercial, or industrial neighborhood. It is intended that the
site plan for each use be prepared with due consideration for: (1) The
purpose and intent of this Zoning Bylaw;
(2) Coordination
with and improvement of systems of vehicular and pedestrian access, drainage,
water supply, sewage disposal, lighting, landscaping, wetlands, watercourses,
buildings and other features that support the neighborhood; and (3) Protection
of the public health, safety, welfare, property values and the
environment. B. Applicability.
Any change of use or increase in intensity of use which would under the parking
schedule "Table of Minimum Requirements" of § 145-33 require
five or more parking spaces, regardless of the number of parking spaces
existing on the premises, shall be permitted only upon the issuance of a
special permit from the special permit granting authority for site plan review
in conformance with this section, § 145-65 and MGL c. 40A, §§ 9 and
11. [Amended 1-4-2000 STM by Art.
11] (1) However,
no such special permit is required for a change of use where the following
conditions apply: [Added 5-2-2000 ATM by
Art. 17] (a) The
site has been in compliance with a previously issued site plan review special
permit under this section for at least the immediately preceding 12 months, and
there have been no changes to the site that were not anticipated by the earlier
permit. (b) The
new use does not require more parking spaces than the number required by the
previously issued site plan review special permit. (c) The
Planning Board finds, by the same vote that would be required for issuing a
special permit, and based on the actual history of the site, and after
consulting with the Police Department and the Board of Selectmen, that the
earlier site plan review special permit adequately addresses the purpose of the
site plan review special permit, and that the new use does not differ in ways
that would invalidate the assumptions, findings, or conditions of the earlier
permit. (2) Before
making the determination that a site is eligible for the exemption of
Subsection B(1), the Building Inspector shall notify the Planning Board of the
proposed change of use in a timely manner. The Planning Board may act on such
determination without a public hearing. An applicant need not wait for such
determination by the Building Inspector or Planning Board prior to filing an
application for a new site plan review special permit. [Added 5-2-2000 ATM by Art. 17] C. Procedure.
Applications for site plan review special permits shall be filed with the Town
Clerk and the special permit granting authority as specified in § 145-65C
of the Zoning Bylaws. [Amended 4-25-1995 STM by Art. 11; 9-24-1996 STM by Art.
39; 1-4-2000 STM by Art. 11] D. Drawing
requirements. Site design plans subject to site plan review special permit
shall be prepared by a registered architect, landscape architect, professional
land surveyor or professional engineer. The site design plan shall be prepared
at a scale no less than one inch equals 20 feet and shall show all existing and
proposed buildings, existing and proposed contour elevations, structures,
parking spaces, driveway openings and driveways within a two-hundred-foot
radius of the project, service areas, facilities for sewage, refuse, other
waste disposal, and for surface water drainage, wetlands, surface water, areas
subject to the one-hundred-year flood and landscape features such as trees,
shrubs, fences, walls, planting areas, walks and lighting, both existing and
proposed. The site plan shall also show the relation of the above features to
adjacent ways and properties and contain a locus map at a scale not greater
than one inch equals 2,000 feet. The site plan shall also show all contiguous
land owned by the applicant or by the owner of the project site. [Amended 9-24-1996 STM by Art. 40] (1) Special
provisions for drawing requirements. The special permit granting authority may,
at its option following a preliminary review, waive the requirement that site
design plans be prepared by a registered architect, landscape architect,
professional land surveyor or professional engineer. In considering
applications for waivers, the special permit granting authority shall consider
whether the proposed plans indicate any new construction or expansion of
existing structures; whether there is a recorded survey plan in existence for
the site showing the property bounds, existing structure and curb cuts; whether
the proposed project requires any changes in or impact upon vehicular or
pedestrian access, parking areas, drainage, water supply, sewage disposal,
lighting, landscaping, wetlands, watercourses and lot contours. The waiver
shall not remove the requirement that site design plans be drawn to scale and
depict those items stated in Subsections C through G. [Added 12-4-1990 STM by Art. 14; 1-4-2000 STM
by Art. 11] E. Access
and circulation. Provisions shall be made for vehicular and pedestrian access
to the project site and circulation upon the site in such a manner as to
safeguard against hazards to traffic and pedestrians in the street and upon the
site, to avoid traffic congestion on any street and to provide safe and
convenient circulation in the street and upon the site. Access and circulation
shall also conform to the following: (1) Where
reasonable alternate access is available, the vehicular access to the site
shall be arranged to avoid traffic use of local residential streets situated in
or bordered by residential districts; (2) Where
a site has frontage on two or more streets, the special permit granting
authority may require that the access to the site be provided across the
frontage and to the street where there is lesser potential for traffic
congestion and for hazards to traffic and pedestrians; [Amended 1-4-2000 STM by Art. 11] (3) Where
necessary to safeguard against hazards to traffic and pedestrians and/or to
avoid traffic congestion, provision shall be made for turning lanes, traffic
directional islands, driveways and traffic controls within the streets; (4) Access
driveways shall be of a design and have sufficient capacity to avoid queuing of
entering vehicles on any street; (5) Driveways
into the site shall have proper grade and alignment as well as transition
grades and sight distances, for safe, convenient and efficient access and shall
meet the street right-of-way line and travel way of the street in such a manner
as to conform to the standard cross section for the street as determined by the
Highway Superintendent and the Planning Board's Rules and Regulations for
Subdivision Control; [Amended 1-4-2000
STM by Art. 11] (6) Where
topographic and other conditions are reasonably usable, provision shall be made
for circulation driveway connections to adjoining sites of similar existing or
potential use when such driveway connection will facilitate fire protection
services and/or when such driveway will enable the public to travel between two
existing or potential uses, open to the public generally, without need to
travel upon a street; (7) There
shall be no more than one driveway connection from any project site to any
street, except that: separate entrance and exit driveways may be provided where
necessary to safeguard against hazards and to avoid congestion and additional
driveway connections may be provided, particularly for but not limited to large
trucks and uses of extensive scope, if traffic flow in the street will be
facilitated by the additional connection. Driveways shall not exceed 24 feet in
width at the street line, or such lesser width as will be sufficient to
accommodate the traffic to be generated unless a greater width is required by
Town bylaw or the Commonwealth of Massachusetts. F. Existing
streets. Where the project site has frontage on an existing street, proper
provision shall be made for grading and improvement of shoulders and sidewalk
areas within the right-of-way of the street and for provision of curbs and
sidewalks. G. This
section, Subsections A to G, is supplementary of other provisions of the Zoning
Bylaw affecting access, circulation, design and landscaping of parking areas.
Where the application of Subsections A to G imposes a greater restriction than
imposed by other provisions of the Zoning Bylaw, the application of Subsections
A to G shall control. H. The
special permit granting authority for this section shall be the Planning Board,
except that if a use requires a special permit from the Zoning Board under
§ 145-26B(2),(3), (5) or (6) or § 145-27C, and requires at most eight
parking spaces, and is not on a state highway or state numbered road then the
special permit granting authority shall be the Zoning Board. [Added 1-4-2000 STM by Art. 11] § 145-43. Antique shops. [Added 9-25-1989 STM by Art. 4] Recognizing the need to preserve and enhance historic structures in the Town of Townsend which are beyond historic district boundaries, and to protect and promote an important part of our cultural heritage, the Town of Townsend hereby enacts the following section to permit an antique shop to operate in residential districts without the requirement of its being an accessory use to a single-family dwelling: A. The
structure used must have been in existence prior to 1900. Any and all additions
to the original structure must be in keeping with the original architectural
style. B. Sufficient
off-street parking, as covered in the Table of Minimum Requirements in
§ 145-33 of this Bylaw under nonresidential retail sales and service, must
be provided and such parking areas must be in keeping with the character of a
single-family residence. Crushed stone may be considered as an acceptable
paving surface for this use. C. All
work or sale of goods must be carried on inside the building used. There shall
be no external change which alters the residential appearance. The residential
character of the premises must be preserved.
D. There
shall be no outside display except for a sign advertising such use which shall
comply with Article X et seq. of the Townsend Zoning Bylaws pertaining to
residential signs. E. The
products to be sold must be authentic antiques, as opposed to
reproductions. F. The
Zoning Board of Appeals may impose on any special permit additional conditions,
including but not limited to, number of employees permitted, hours of
operations and screening plantings of abutting properties. G. Before
granting a special permit the Zoning Board of Appeals must conclude that the impact
from traffic, lighting, and hours of operation will not have a negative impact
on the residential neighborhood. § 145-44. Swimming pool enclosures. [Added
5-18-1987 STM by Art. 24]
Any person owning land on which there is a swimming pool containing 24 or more inches of water in depth at any point, and/or covering a surface area of greater than 250 square feet, shall erect and maintain an enclosure surrounding the property or pool area sufficient to make such pool inaccessible to small children. Such enclosure must be constructed of a rigid material, be equipped with a self-latching gate with a latch that is inaccessible to small children from the outside, in case of an aboveground pool, a swing-up or removable ladder that prevents entry, and must not be less than four feet in height. § 145-45. Floodplain District. [Amended
1-17-1989 STM by Art. 17] A. The
purpose of the Floodplain District is to ensure that development on land within
the district will not endanger the health, safety and welfare of the occupants
of land within the floodplain and of the public and to encourage the most
appropriate use of the land in the community. The Floodplain District shall be
considered to be superimposed over the other districts shown on the Zoning Map,
as a recognition of the special hazards which exist in such areas. B. In
the Floodplain District uses otherwise permitted by this Bylaw in the zone in
which the land is located shall be permitted only if they conform with the
purposes cited above. No structure shall be erected for human occupancy, or to
which flood-damageable sanitary facilities would be attached. C. No
dumping, filling, dredging, excavation, transfer or removal of any material
which will reduce the natural floodwater storage capacity of the land or will
interfere with the natural flow of water over the land or through the
groundwater table shall be permitted. No activity which may pollute surface or
groundwater due to flooding shall be permitted.
D. Notwithstanding
the above, a permit may be issued for a development, which meets requirements
as defined below, by the Board of Appeals after reasonable notice and a
mandatory public hearing. (1) Any
person desiring such a permit shall submit an application to the Board of
Appeals, describing in detail the proposed use of the property and the work to
be performed, accompanied by plans showing:
(a) The
location, boundaries, and dimension of the lot, existing and proposed
structures, watercourses and drainage easements, fill, means of access, and
sewage disposal facilities, and location of one-hundred-year flood lines; (b) Mean
sea level elevation, with two-foot or less contour separation, of the existing
and proposed land surface, of the cellar and the first floor, and sewage
disposal facilities; (c) Test
boring of sufficient depth to show location of peat, hardpan and other
impervious material, and such percolation tests as are necessary. (2) Copies
of the application shall be delivered by the applicant to the Board of Health,
the Building Inspector, the Planning Board, and the Conservation Commission,
who shall advise the Board of Appeals. No building permit shall be issued and
no excavation or filling shall take place until the Board has issued a permit
under this section or 90 days have elapsed after the receipt of the application
without action thereon. E. The
Board shall issue a permit under this section if it finds that the proposed use
of the premises will not endanger the health, safety, and welfare of the
occupants of the development, of the floodplain, or of the public, as defined
above, or it may issue a permit with such conditions as it deems necessary to
protect health and safety or provide proper flood control or protection, or it
may deny the application. The burden of showing that the proposed development
will not endanger health, safety, or welfare of occupants or the general
public, wherever the effects of said development may be felt, shall rest upon
the developer, who shall provide such engineering and hydrological data as is
reasonably necessary. The Board shall, as a condition of approval, require that
effective notice be given to prospective purchasers, by signs or otherwise, of
past flooding of said premises, the steps undertaken by the petitioner or his successor
in title to alleviate the effects of the same, and the availability or
unavailability of flood insurance for said property. Without limiting the
generality of the foregoing, the Board shall ensure: (1) That
the floor level of areas to be occupied by human beings as living or working
space shall be at an elevation of at least three feet above the floodplain
level, that the foundation footings or cellar level shall be at least four feet
above the water table as measured in April or May of the year, that furnaces
and utilities are protected from the effects of flooding, and that the
structure will withstand the effects of flooding in accordance with the
Building Code. (2) That
the construction, use and/or change of grade of the proposed structures and
their access roads will not obstruct or divert flood flow, reduce natural
floodwater storage capacity, or increase stormwater runoff velocity so that
water levels on other land are raised or danger from flooding increased. (3) That
safe means of vehicular and pedestrian escape are provided in the event of
flooding to the elevation of the floodplain.
(4) That
the proposed methods of drainage and sewage disposal will not cause pollution
or endanger health, in the event of flooding.
(5) In
the floodway, designated on the Flood Boundary and Floodway Map, all
encroachments, including fill, new construction, substantial improvements to
existing structures and other development, are prohibited unless certification
by a registered professional engineer is provided by the applicant
demonstrating that such encroachment shall not result in any increase in flood
levels during the occurrence of the one-hundred-year flood. F. Nothing
contained in this section shall limit the authority of the Board of Health with
respect to premises in the Floodplain District or affect the applicability of
the Building Code to any building in the Floodplain District. G. The
Board of Appeals shall refer to each of the reports submitted by the Board of
Health, the Building Inspector, the Planning Board, and the Conservation
Commission in review of the developer's application, for evaluation of the
potential hazard of the proposed development to the health, safety, and welfare
of occupants and the general public. The Board of Appeals should consider
concurrence of the above board or officials as necessary prior to approving any
applications. H. The
Floodplain District is described on a map entitled "Zoning Map of
Townsend, Massachusetts," dated May 25, 1982 subtitled "Flood Insurance
Rate Maps and Flood Boundary and Floodway Maps," dated August 2, 1982, in
the numbered sheets 13 through 34 of the Zoning Maps of the Town of Townsend.
The Floodplain District includes all flood hazard areas designated as Zone A,
A1-30 on the Townsend Flood Insurance Rate Maps and Flood Boundary and Floodway
Maps, dated August 2, 1982. [Amended
1-17-1989 STM by Art. 41] I. All
wetlands, as shown on the map as described in Subsection H will be treated and
considered as floodplain for the purpose of this Bylaw. J. Within
Zone A on the Townsend Flood Insurance Rate Maps and Flood Boundary and
Floodway Maps, where the base flood elevation is not provided, the applicant
shall obtain any existing base flood elevation data and it shall be reviewed by
the Building Inspector for its reasonable utilization toward meeting the
elevation of flood proofing requirements, as appropriate, of the State Building
Code. § 145-46. Earth removal. [Amended 5-7-1986 STM by Art. 1; 1-17-1989 STM by
Arts. 20 and 42] A. No
person, firm or corporation shall excavate any amount of soil, rock, sod, loam,
peat, humus, clay, sand, earth, gravel or other minerals or materials from any
land within the Town without first obtaining a permit from the special permit
authority (SPA) of the Town as provided in the following sections. Special
permit application forms shall be obtained from the Board of Appeals. B. The
SPA under this bylaw shall be the Board of Appeals. Permits shall only be
granted in accordance with the procedure for notice hearings, decisions and
appeals set forth in MGL c. 40A, §§ 9 and 11. Any permit granted hereunder
shall lapse within one year if substantial use has not sooner commenced except
for good cause proven to the SPA. C. A
permit shall not be required under this bylaw for the following types of
excavation: (1) Excavations
incidental to the construction of residential buildings for which all other
permits have been issued, nor installation of walks, driveways, septic systems,
swimming pools or other accessory uses to such buildings and expansions there,
provided the quantity of material removed shall not exceed that displaced by
the portion of the building or accessory use below finished grade; (2) Excavation
in the course of normal and customary agricultural use of land; (3) Excavation
in the normal use of a cemetery; (4) Earth
removal activities lawfully permitted by right or by special permit at the time
this bylaw is adopted may continue unless or until abandoned for more than 12
consecutive months. However, unless specifically authorized by new special
permit: (a) The
depth of excavation shall not be increased below the grade of the lowest point
excavated on the effective date of this bylaw or as previously permitted,
whichever is greater; (b) The
total horizontal area of excavation of an active earth removal operation shall
be contained within the property limits of such operation on the effective date
of this bylaw or as previously permitted, whichever is greater. D. An
application for an earth removal special permit shall be in writing and shall
contain an accurate description of the portion of land in which the excavation
will take place, shall state fully the purpose of the excavation, shall include
any fees as determined, from time to time by the Board of Appeals, and shall
include plans drawn by a registered surveyor or engineer, at a scale of one
inch equals 40 feet, or as determined appropriate, containing the following
information: (1) Property
lines, names and addresses of all abutters including those across any way; (2) Existing
contours at five-foot intervals in the area from which materials are to be
excavated and in surrounding areas, or as determined appropriate; (3) Natural
features such as wetlands, the one-hundred-year floodplain, ground cover and
surface and groundwater. Water table elevation shall be determined by test pits
and soil borings. A log of soil borings shall be included, taken to the depth
of the proposed excavation, congruent with the size and geological makeup of
the site; (4) A
topographical map showing drainage facilities, final grades, and proposed
vegetation and trees; (5) Erosion
and sediment control plan; (6) The
amount and cost of proposed restoration materials; (7) The
location of monitoring wells which have been used to establish the high water
table. The highest elevation of the water table shall be determined by
observation wells monitored during the months of April and May. The observation
wells' location shall be determined by the Conservation Commission or its
designated agent. The information concerning height of water table shall be
gathered before application for a special permit is made to the Board of
Appeals. E. The
SPA shall require as a condition to the granting of the special permit that the
applicant shall furnish a performance bond or other security satisfactory to
the SPA sufficient to ensure satisfactory performance of the requirements of
this bylaw and such other conditions as may be imposed in the permit. No performance
bond or other security shall be released in full or in part unless and until
the Board of Appeals is satisfied that all the conditions of the special permit
have been satisfied including all of the requirements of Subsections I and J. F. The
SPA shall exercise its powers with due regard to: (1) The
health, safety and general welfare of the inhabitants of the Town; (2) Detriment
to the neighborhood, including impact of traffic flow; (3) Effect
on natural resources, including but not limited to the recharge of the water
table or condition of the surface water.
G. The
SPA may impose on any permit conditions including but not limited to conditions
upon methods of removal, type and location of structures, fencing, hours of
operation, area, location and depth of excavation, steepness of slopes,
drainage, disposition of boulders and stumps, restoration and planting. H. Every
special permit shall contain the condition that inspection of the operation may
be made at any reasonable hours by an agent of the SPA to determine if
conditions of the special permit are being enforced. I. The
following standards of operation shall apply to every permitted operation, in
addition to conditions imposed under Subsection G: (1) No
excavation not intended for approved building purposes nor any other activity
or building will be within 100 feet, measured horizontally, of an existing
public way or an adjacent property line.
(2) No
excavation not intended for approved building purposes nor other activity or building
shall be within 100 feet, measured horizontally, of a stream, pond, wetland as
defined under MGL c. 131, § 40, or the one-hundred-year flood elevation of
any water body, except where some other Town agency has specifically ordered
such excavation as part of a compensatory storage plan. (3) No
area shall be excavated so as to cause accumulation of freestanding water
unless the SPA shall permit creation of a pond in an area not used for drinking
water. Permanent drainage shall be provided in accordance with good
conservation practices. Drainage shall not lead directly into streams or
ponds. (4) No
earth or gravel shall be removed closer to the maximum high water table than
seven feet. However, upon receipt of a special permit from the Board of Appeals,
this depth to maximum high water table may be decreased to four feet provided
that the Board of Appeals determines that based upon soils, groundwater flows,
materials to be removed and any requirements that they may impose, such
decrease in depth removal shall not be deemed to adversely affect the intent or
purpose of this or other sections of the Townsend Zoning Bylaw. In determining
the effect upon the Town of Townsend of increased earth or gravel removal, the
Board of Appeals may require the applicant to submit a complete hydrologic
report, prepared by an individual or company selected by the applicant and
approved by the Board of Appeals. All costs incurred shall be borne by the
applicant. Said hydrological report shall present in detail findings relative
to soils by type, groundwater direction and velocity, geologic logs describing
any lines of fine material and water table depth of the subject property. The
SPA may restrict the use of lands excavated to four feet of the high water
table and set conditions on the further and future use of said land. All
restrictions and conditions established by the SPA shall be noted as part of
the special permit which shall be recorded with the property deed at the
Middlesex County Registry of Deeds. Specific land use restrictions and/or
conditions may be amended from time to time by the Board of Appeals should
future circumstances warrant such amendment. Any amendment to said special
permit shall require a public hearing and a decision-making procedure as established
by MGL c. 40A, § 9. (5) All
topsoil and subsoil stripped from operation areas shall be stockpiled and used
in restoring the area. (6) Any
shelters or buildings erected on the premises for use by personnel or storage
of equipment shall be screened from public view and shall be removed from the
premises within 60 days after the special permit has expired or been
revoked. (7) Hours
of operation shall be between 8:00 a.m. and 4:30 p.m. on weekdays only.
However, the Board of Appeals may further limit hours of operation if, after
weighing factors including impact on traffic flow and safety, it determines the
public good will be served. Trucks may enter and leave the premises only within
such hours. All loaded vehicles shall be suitably covered to prevent dust and
contents from spilling and blowing from the load. (8) Trucking
routes and methods shall be subject to approval of the Chief of Police insofar
as he may regulate any industrial trucking.
(9) All
access roads leading to public ways shall be treated or paved with suitable
material to reduce dust and mud for a distance of 200 feet back from the way.
The operator shall clean up any spillage on public ways. (10) Access
roads shall intersect a public way at right angles for a distance of no less than
50 feet and shall be constructed at an angle to the public way or with a curve
so as to help screen the operation from public view. All access roads shall
have at least 250 feet visibility in each travel lane entering a state numbered
or maintained highway and at least 150 feet visibility on all other streets.
Access roads shall not drain directly onto public ways. J. Every
permit shall further state that restoration shall be carried out according to
the plans submitted, conditions of special permit, and the following minimum
conditions: (1) Restoration
shall be carried on simultaneously with excavation, so that when any five acres
have been cleared and stumped and five acres are in active mining operation, at
least five acres shall be restored before work commences (including building
haul roads) on the next contiguous five acres. Final restoration work shall be
completed within 120 days after expiration or withdrawal of a permit or upon
cessation of operations. (2) No
slope shall be steeper than 2:1 (two feet horizontal to one foot vertical)
(50%); 4:1 (four feet horizontal to one foot vertical) is preferred for erosion
control and shall be required in sensitive areas. (3) Retained
subsoil and topsoil shall be spread over the disturbed area and treated with
appropriate fertilizer or other suitable material and seeded with an
appropriate mixture of grass or legume mixture as prescribed by the
Conservation District, Soil Conservation Service, United States Department of
Agriculture and as determined appropriate by the Zoning Board of Appeals after
consultation with the above-noted agencies. Trees or shrubs of prescribed
species will be planted to provide screening and reduce erosion during the
establishment period. (4) Unless
the special permit conditions expressly require alteration of drainage
patterns, the land shall be left so that natural storm drainage shall leave the
property at the original natural drainage points, and so that the total
discharge at peak flow and the area of drainage to any one point is not
increased. (5) Natural
vegetation shall be left and maintained on undisturbed land for screening,
noise reduction and erosion control purposes.
K. No
special permit shall be issued for an initial period of more than three years.
The SPA may in its discretion extend a special permit beyond the initial period
(but not to exceed three years per extension), but no such special permit shall
be issued unless the applicant has conformed to all requirements of the special
permit. L. The
SPA may revoke any special permit which it has issued for good cause, provided
that it shall offer to the operator an opportunity for a hearing within seven
days after the revocation. § 145-47. Open space multifamily development (OSMD). [Added
4-25-1989 ATM by Art. 25] A. Purpose.
In order to provide for the public interest by the preservation of open space
in perpetuity, variety in residential housing which allows for development more
harmonious with natural features and to promote the maximum possible protection
of open space, visual quality, and watershed protection, and to encourage
efficient provision of necessary utilities and community services, the
following requirements are established for open space multifamily development
within the Town of Townsend. In making any and all determinations under this
bylaw, the Planning Board shall always compare the impact of an open space
development with potential conventional development, and may approve open space
development only if the proposal is superior to a conventional development. The
Planning Board shall be guided by the findings and recommendations of the
Townsend Open Space Plan and Townsend's Housing Policy, as amended. B. Applicability.
Open space multifamily development shall be allowed within RA and RB Zoning
Districts subject to the requirements of the Zoning Bylaw for those districts,
and in accordance with the additional requirements specified herein. C. General
requirements. (1) After
an OSMD application has been submitted, no utility installations, no ditching,
grading or construction of roads, no grading of land or lots, no excavation
except for purposes of soil testing, no forest harvesting, no dredging or
filling, and no construction of buildings or structures shall be done on any
part of the development site until the application has been reviewed and
approved as provided by this section; (2) No
OSMD will be approved within an established residential neighborhood if the
Planning Board determines that such land use would have a detrimental effect
upon the surrounding property; (3) It
shall be the responsibility of an applicant for an OSMD special permit to
demonstrate to the Planning Board that this form of land development will be
more appropriate than traditional patterns of residential development for the
particular site being considered. D. Permitted
uses. (1) Detached
single-family dwellings, as defined, including all accessory uses allowed
appurtenant thereto; (2) Two-family
dwellings including all accessory uses allowed appurtenant thereto; (3) Apartment/multifamily
building with six or fewer units per structure;
(4) Uses
permitted within the common open space as described in this section; (5) Recreational
facilities for OSMD purposes. E. Minimum
requirements. (1) Density.
The total area of the tract proposed for OSMD must be able to contain 10
dwelling units. The total number of dwelling units allowable on a site proposed
for OSMD shall not exceed the number of units that would be allowed in the
zoning district in which the site is located. The burden of proof shall be upon
the applicant in determining the allowable number of dwelling units. The total
number of units allowed shall be determined by the following method: layout by
a preliminary sketch plan showing the total number of lots which could be
obtained by utilizing a conventional grid subdivision of detached one-family
dwelling units. The Planning Board may require information to substantiate the
validity of the preliminary sketch plan. Where available, medium intensity soil
survey maps, such as those available from the USDA Natural Resource
Conservation Service, shall be provided. Furthermore, the SPGA may require the
applicant to provide or pay for the creation of more detailed, high-intensity maps
or other data, if there is any indication of ledge, shallow soils, or other
indication that the lots shown on the conventional plan may not be buildable as
a practical matter. The applicant shall also provide financial data, based on
the known data, including current housing prices and reasonable inflation and
population projections, demonstrating that the conventional subdivision is
financially viable, and could be completed and sold within the same time frame
planned for the open space proposal.
[Amended 5-2-2000 ATM by Art. 39]
(a) The
plan shall show all wetlands along with potential sites for homes; and if
individual septic systems and/or wells for drinking water would be necessary to
serve the homes, then also the location of a subsurface sewage disposal system
and/or well on each lot. [Added 5-2-2000
ATM by Art. 38] (b) The
applicant shall submit data proving that adequate provision for sanitary sewage
can be provided to each lot in the conventional subdivisions. If individual
septic systems would be necessary to serve the homes, then the following data
must be included: [Added 5-2-2000 ATM by
Art. 38] [1] Records
of all soil tests performed on the site, whether or not performed by or on
behalf of the applicant, on file with the Board of Health and the Nashoba
Associated Boards of Health. [2] Soil
test data meeting the requirements of the Board of Health which show that a
subsurface sewage disposal system conforming with all current state and local
requirements could be installed on each lot in the conventional
subdivision. (2) Density regulations. The Planning Board may grant a reduction on all density regulations of the underlying zoning regulations for all portions of an OSMD, with the exception of height and front, side and rear yard setbacks, if the Planning Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this section, provided that in no instance shall any lot deviate from the following table of minimum requirements:
(3) Development
standards. Prior to the issuance of a special permit for an OSMD, the applicant
shall submit the information necessary to demonstrate that the following
development standards have been met: (a) The
development will not cause unreasonable traffic congestion or unsafe conditions
both within and outside of the development and will comply with Town standards
for parking, access, road design and construction. (b) The
development will provide for and maintain convenient and safe emergency vehicle
access to all buildings and structures at all times. (c) The
nature of the soils and subsoils shall be suited for the intended purposes.
This determination shall focus upon, but shall not be limited to, the location,
design and construction of roadways, buildings, septic systems and surface
water drainage systems. Soil borings or test pits may be made to provide
information on soil texture, color, percolation rates and depth to the
groundwater table at its maximum elevation.
(d) Anticipated
stormwater runoff from the site shall not exceed peak runoff from the site
prior to development. The applicant shall submit formal drainage calculations
by a registered professional engineer for this purpose. (e) Proper
soil erosion and sedimentation control measures shall be employed to minimize
sedimentation and siltation of existing surface water bodies and wetlands. In
areas where the land slopes downward toward any surface water body, or
freshwater wetland, proposed filling, cutting, clearing, or grading shall be
minimized and all such development activities shall be carried out in such a way
as to retain the natural vegetation and topography wherever possible. The
Planning Board may require that an erosion and sedimentation control plan be
submitted if significant erosion is anticipated in slope areas. (f) The
site design shall preserve and, where possible, enhance the natural features of
the property, including scenic views, by adapting the location and placement of
structures and ways to the existing topography in order to minimize the amount
of soil removal, tree cutting and general disturbance to the landscape and
surrounding properties. (g) The development shall comply with all other provisions of the Subdivision Rules and Regulations of the Planning Board and any other land use regulations of the Town of Townsend in effect at the time of application.[ix]EN
(h) The
Planning Board may require, at the project proponent's expense, a qualified
firm or firms to evaluate the technical information presented to the Planning
Board. (4) Architectural
standards. Specific architectural standards for construction within the OSMD
shall be made part of the special permit and will be used to ensure conformity
and compatibility between units and the existing neighborhood. Prior to the
issuance of a special permit for an OSMD, the applicant shall submit the
following information to demonstrate that the architectural standards have been
met: (a) Building
elevations; (b) Schedule
of exterior materials; (c) Any
other pertinent information the Planning Board deems appropriate. F. Open
space use and design standards. (1) Lots
for building purposes shall be grouped in clusters and within each cluster the
lots shall be contiguous; (2) Within
an OSMD, no less than 60% of the total land area shall be devoted to common
open space. The common open space shall not include land set aside for roads
and/or parking uses. No more than 50% of the common open space shall contain
wetlands as defined by MGL c. 131, § 40;
(3) The
common open space shall be designed and maintained in accordance with the
following standards: (a) Naturally
existing woods, fields, meadows and wetlands shall be maintained and improved
in accordance with good conservation practices.
(b) Common
open space shall be planned as large, contiguous units whenever possible.
Strips or narrow parcels of common open space shall be permitted only when
necessary for access or as vegetated buffers along the site's perimeter. (c) No
more than 20% of the common open space shall be covered by man-made impervious
surfaces. (d) Common
open space may be used for active and passive recreation, conservation,
forestry, agriculture, natural buffers, structures and utilities necessary to
the aforementioned uses subject to approval by the Planning Board acting with
due regard to the open space plan. (e) There
shall be a minimum setback of 50 feet between any common open space structures
and all property lines of the site. G. Common
open space ownership and management. (1) Common
open space in an OSMD shall be conveyed to: the Town and may be accepted by it
for a park or open space use; a nonprofit corporation, the principal purpose of
which is the conservation of open space; or a corporation or trust owned or to
be owned by the owners of lots or residential units within the development. If
a corporation or trust owned by the owners of lots or residential units is
utilized, ownership thereof shall pass with the conveyances of the lots or
units. In any case where such land is not conveyed to the Town, a restriction
enforceable by the Town shall be recorded at the Middlesex District Registry of
Deeds providing that such land shall be kept in open or natural state and not
be built upon for residential use or developed for accessory uses such as
parking or roadway. (2) If
the common open space is not to be conveyed to the Town, the application for an
OSMD special permit must include a program describing how the common open space
will be maintained in perpetuity to standards satisfactory to the Planning
Board. The applicant shall also provide as part of the common open space
proposal an agreement empowering the Town to perform maintenance of the common
open space in the event of failure to comply with the program included in the
application pursuant to the preceding sentence providing that, if the Town is
required to perform any maintenance work, the owners of lots or units within
the OSMD shall pay the cost thereof and that the cost shall constitute a lien
upon their properties until said cost has been paid. H. Duration
of approval. Notwithstanding anything to the contrary in this § 145-47,
any special permit granted by the Planning Board for an OSMD shall become void
within two years from the date of issue, which two years shall not include time
required to pursue or await determination of an appeal referred to in § 17
of MGL c. 40A, unless any substantial part of the proposed construction work
shall have been performed or has proceeded in good faith continuously to
completion, except for a good cause. All open space shall be dedicated at the time
the special permit, as required, has been granted. If at any time before,
during, or after construction of the proposed development unforeseen conditions
make it necessary or preferable to modify the project as described in the
approved definitive OSMD application, the Planning Board may authorize such
modifications provided that they are within the spirit of the original proposal
and comply with this section. All the provisions of MGL c. 40A, § 9,
including the requirements of public hearing, shall be applicable to
proceedings under this section. § 145-48. Affordable housing conditional density bonus.
[Added
4-25-1989 ATM by Art. 33] A. Purpose
and authority. This section is adopted pursuant to MGL c. 40A, § 9 in
order to encourage various housing types for persons of various ages and income
levels and create affordable housing, to help people who have lived and worked
in Townsend and have been unable to obtain suitable housing at a reasonable
price, and to maintain a stable economy by preventing the out migration of
lower income groups who provide essential services. The Planning Board may
issue a special permit which allows an increase in density through a partial
relaxation of requirements of this bylaw but only in conjunction with
procedures described in § 145-39, Open space preservation development, and
§ 145-47, Open space multifamily development, and shall require that a
minimum of 30% of all units developed on the site be sold and maintained at
affordable prices, according to the standards contained in Subsection C below.
The Planning Board may not allow an increase in density beyond one total
dwelling unit per acre. As a further incentive for the construction of
affordable housing, the Board may, in its discretion, waive certain improvement
requirements set forth in the Townsend Subdivision Rules and Regulations.[x]EN
B. Definitions. AFFORDABLE HOUSING DEVELOPMENT -- A project requiring approval under this section. AFFORDABLE HOUSING UNITS -- Units which may be purchased or rented by those who meet the guidelines for maximum annual income for a low-income or moderate-income family. Low-income families shall have an income between 50% and 80% of the Townsend median income, and moderate-income families shall have an income between 80% and 120% of the Townsend median income. Affordability means that housing costs for a family shall not exceed 30% of their gross annual income in the previous calendar year. Housing costs include: (1) For
homeowners: payments for principal and interest on a mortgage, real estate
taxes, homeowner's insurance, and condominium fees, if any; or (2) For
renters: rent including heat but not other utilities. In determining median
income, the most recent data available from the Massachusetts Housing
Partnership Program shall be used. DESIGN STANDARDS -- Specific design standards for construction within the plan shall be made part of the special permit and will be used to ensure conformity and compatibility between units. Other requirements for design shall be as required under §§ 145-39 and 145-47 of the Zoning Bylaw, and applicable sections of the Townsend Subdivision Rules and Regulations. MODIFICATION OF STANDARDS -- The minimum requirements of §§ 145-39E and 145-47E of the Townsend Zoning Bylaw may be modified upon a finding by the Board that such modification creates no adverse impacts on health, safety and welfare, and is found to be in the public interest because of the high quality of design that would result, and does not derogate from the intent of this bylaw. NUMBER OF AFFORDABLE UNITS -- The number of units allowed in excess of that permitted by underlying zoning will be subject to negotiation with the Planning Board and will be determined with due regard to the project approval requirements of this bylaw. In no case shall the maximum density increase beyond one total dwelling unit per acre. PHASING -- A schedule of construction must be submitted providing the timely delivery of the affordable units. SALE PRICE -- The sale price for the affordable units will be determined by reference to the most recent Massachusetts Housing Finance Agency (HOP) figures depicting the ability to purchase of target groups whose income is approximately 50% to 120% of the Town of Townsend median income figures. [Amended 12-4-1990 STM by Art. 8] C. Applicability.
Density increases associated with the creation of affordable housing shall be
allowed only within open space preservation developments, § 145-39 and
open space multifamily developments, § 145-47. D. Application
requirements. Preliminary plan applications for proposed cluster residential
developments are to be made to the Planning Board according to §§ 145-39
and 145-47 of the Townsend Zoning Bylaw. In addition to those requirements
noted in §§ 145-39 and 145-47, a statement as to how the proposal conforms
to the purposes and objectives of this bylaw shall be required for such
preliminary submittals. E. Site
plan review. (1) Purpose.
The purpose of the site plan review is to ensure that the design and layout of
all developments occurring under Townsend's Affordable Housing Conditional
Density Bonus Bylaw will constitute suitable development and will not result in
a detriment to the neighborhood or the environment; (2) Applicability.
Any affordable housing development which would, under the parking requirements,
Article VIII, require five or more parking spaces, regardless of the number of
parking places existing on the premises, shall be subject to the § 145-42,
Site plan review; (3) Procedure.
Applications under this section subject to site plan review shall adhered to
the procedures for site plan review of § 145-42 of this bylaw, except that
the Planning Board shall not require an additional special permit for site plan
review but, rather, incorporate site plan review conditions in the special
permit required under § 145-39 or 145-47. F. Project
approval requirements. The Planning Board will review all projects and will
recommend approval of the special permit if, in the Board's sole discretion: (1) The
Board is satisfied that the applicant has conformed to the development,
architectural, and design standards of this bylaw, and will deliver the
affordable units required under Subsections A and B of this Affordable Housing
Bylaw; (2) The
proposed development site plan is designed in its site allocation, proportions,
orientation, materials, landscaping and other features as to provide a stable
and desirable character, complimentary and integral with the site's natural
features; (3) The
Board makes a finding that such development, density increase, or relaxation of
zoning standards does not have a material, detrimental effect on the character
of the neighborhood or Town and is consistent with all performance standards of
the Townsend Zoning Bylaw, including Subsections D and E above; (4) The
proposed development is consistent with all municipal comprehensive plans and
objectives. G. Long-term
affordability. (1) In
order to maintain long-term affordability for low- and moderate-income home
buyers, there shall be certain resale restrictions upon the unit's resale
value. This resale price restriction will be incorporated into the deed
conveying the property to the initial purchaser and will bind all subsequent
purchasers for a period of 40 years after the initial conveyance; (2) The
resale of "affordable housing units," as defined in Subsection B
above, will be limited to a percentage of the unit's fair market value at the
time of resale. This limitation will be determined by the percent below fair
market value for which the home originally sold. This percentage shall be
recorded as part of the deed restriction. All subsequent resales for a period
of 40 years after the initial conveyance shall be discounted by this same
percentage from the fair market value of the house at the time of the resale.
Through agreement between the Planning Board and the developer, these parties
may chose, at the time of the recording of the deed, to modify the differential
by plus or minus 5% in order to assure that the target income groups' ability
to purchase be kept in line with the unit's market appreciation and to provide
a proper return on equity to the seller;
(3) All
deed restrictions will require that the homeowner give 90 days' notice to the
local housing agency or partnership program of his or her intent to sell. If
the local housing agency or partnership program fails to respond to the
homeowner within 30 days to the effect that they are proceeding to find an
eligible buyer, the homeowner may thereafter sell the home to anyone meeting
income guidelines; (4) The
Planning Board will designate either the local housing agency or partnership
program as the authority which shall control long-term affordability under the
requirements of this section, based on submission of information showing the
agency's ability to carry out these restrictions and the administrative
criteria and process by which the resales shall occur. § 145-49. Transfer of development rights (TDR). [Added
4-25-1989 ATM by Art. 38] A. Eligibility.
Any owner of a lot or lots shown on a plan duly recorded at the Registry of
Deeds shall be eligible to apply for a special permit to transfer a portion or
all of the development rights on said lot or lots (hereinafter called
"donor lots") to a different location (hereinafter called
"receiving district") to be included as part of a subdivision
requiring approval under MGL c. 41, the Subdivision Control Law, provided that
the following requirements are met: (1) Each
donor lot or portion thereof complies, in all respects, with the minimum
requirements for obtaining a building permit by right or, in the opinion of the
Planning Board, is a potentially subdividable lot of land given minimum zoning
requirements, subdivision regulations and other pertinent regulations; (2) The
owner or owners of the donor lot(s) record at the Registry of Deeds a covenant
running with the land in favor of the Town of Townsend, forever prohibiting the
construction or placement of any structure on said lot(s) except as provided
for in Subsection A(3); (3) Donor
lots may be used for passive recreation, conservation, forestry, agriculture,
natural buffers. B. Donor
districts. Donor districts shall consist of:
(1) Any
contiguous parcels of land of at least five acres which qualify for or are
currently assessed by the Town of Townsend or the Commonwealth of Massachusetts
under the provisions of MGL c. 61A; (2) All
land referred to in § 145-41B of the Townsend Zoning Bylaws; and (3) All
land designated as a theoretical cone of influence to existing or proposed
public supply wells, as is now or may be delineated on a map entitled
"Recharge Areas of Existing and Potential Water Supplies, Townsend,
Massachusetts, December 15, 1984, Nashua River Watershed Association," as
amended; and (4) All
land recommended for acquisition or protection in the Townsend Open Space Plan,
as amended. C. Receiving
districts. Receiving districts shall consist of all land currently zoned RA or
RB, except that receiving districts shall not include any land noted in
Subsection B(1), (2), (3) or (4). (1) Receiving
districts shall be eligible to "accept" donor lots according to the
schedule of Subsection D, provided that the locus of the receiving district is
the subject of a subdivision plan requiring Planning Board approval under the
requirements of MGL c. 41, and a special permit under the requirements of
§ 145-39 or 145-47 of the Townsend Zoning Bylaws. No transfer of
development rights shall be approved by the Planning Board into a receiving
district locus not requiring subdivision approval. (2) In
transferring development rights into a receiving district, the Planning Board
may allow the minimum frontage, width and area standards of the total
subdivision, including transferable lot rights, to be reduced according to the
criteria specified in § 145-39 or 145-47. D. Transferred
development rights credits. Lots within donor districts shall be eligible to
transfer their development rights to a receiving district. The assignable
credit for the donor lot shall be 1.2 per buildable lot. Fractions of lots
shall not be counted.
E. Special
permit granting authority. The special permit granting authority for a transfer
of development rights special permit shall be the Planning Board. The
provisions of MGL c. 40A, §§ 9 and 11 and § 145-65 of the Townsend
Zoning Bylaws shall apply to all special permits issued under this section. § 145-50. Subdivision phasing. [Added
4-25-1989 ATM by Art. 59] A. Applicability.
Any provisions in this bylaw to the contrary notwithstanding, division of land
into more than 25 lots in any twelve-month period shall be subject to the
following regulations and conditions set forth herein. B. Requirements. Whenever a new lot or lots are formed from a part of any other lot or lots, the assembly or separation shall be effected in such a manner as to conform with the requirements of this bylaw and shall be in accordance with the Subdivision Rules and Regulations of the Town of Townsend.[xi]EN
C. Division
of land limitations. The division of a parcel or combined adjacent parcels of
land in any zoning district shall not exceed 25 lots if resulting from division
or combination of properties in any twelve-month period. This provision shall
apply to all subdivision of land within the Town of Townsend even if approval
under the Subdivision Control Law (MGL c. 41, §§ 81L and 81P) is not
required. D. Exceptions. (1) Division
of land in excess of 25 lots as defined in Subsection C above may be allowed
only if one of the following requirements are met: (a) The
owner of said land covenants with the Planning Board that he will not build
upon more than 25 lots in any twelve-month period. Said twelve-month period
shall commence on the date of endorsement by the Planning Board. The covenant
shall identify the lots that may be built upon in each twelve-month period. The
covenant shall be recorded with all other pertinent documents with the
definitive plan; (b) The
owner of said land applies for and receives a special permit from the Planning
Board in accordance with MGL c. 40A, §§ 9 and 11 to divide greater than 25
lots in any twelve-month period. The Planning Board shall grant a special
permit for such division only if the Board determines that the probable
benefits to the Town outweigh the probable adverse effects resulting from
granting such permit. (2) In
reviewing a special permit application under this section, the Planning Board
shall consider the impact upon schools, other public facilities, traffic and
pedestrian travel, availability and quality preservation of drinking water,
adequacy of recreational facilities, open spaces and agricultural resources,
preservation of unique natural features, housing for senior citizens and people
of low and moderate income as well as master plan or growth management plans
prepared by the Planning Board. MGL c. 40A, §§ 9 and 11 and § 145-65
of the Townsend Zoning Bylaw relating to the granting and denial of special
permits shall be applicable to a special permit application under Subsection
D(1)(b). E. Uncompleted
development rights granted by Subsection D(1)(a) may be carried forward to
subsequent periods, but said carry forward shall not exempt nor exceed the
covenant not to build on more than 25 lots in any twelve-month period. F. Zoning
change protection. Lots whose development has been subject to the covenant as
provided for in Subsection D(1)(a) of this bylaw shall be governed by the
applicable provisions of the Zoning Bylaw in effect at the time of the plan or
plans endorsement by the Planning Board and for a period equivalent to that
provided for by MGL c. 40A, § 6, except, however, the statutory protection
afforded by MGL c. 40A, § 6, shall not commence until the lot or lots
qualify for construction according to the terms of the covenant noted in
Subsection D(1)(a) of this bylaw. § 145-51. Telecommunication and cellular towers. [Added
4-29-1997 ATM by Art. 46] A. Purpose.
The purpose of this bylaw is to establish general guidelines for the siting of
wireless telecommunication towers and facilities. The goals of this bylaw are:
to minimize the adverse visual impacts of towers; to avoid damage to adjacent
properties; to lessen impact on surrounding properties; to lessen impact on
traffic; to encourage the location of towers on municipal land; to minimize the
number of towers throughout the community; to require the co-location of new
and existing tower sites; to encourage users of towers and facilities to locate
them, to the extent possible, in areas where the adverse impact on the
community is minimal; to encourage users of towers and facilities to configure
them in a way that minimizes the adverse visual impact of towers and
facilities; and to make available all wireless telecommunication tower
locations to local municipal agencies. B. Permitting.
No telecommunication or cellular tower may be erected without first obtaining a
special permit from the special permit granting authority (SPGA). The SPGA
under this bylaw shall be the Planning Board. Permits shall only be granted in
accordance with the procedure for notice hearings, decisions and appeals set
forth in Townsend Zoning Bylaw § 145-42 and MGL c. 40A, §§ 9 and 11. Any
permit granted hereunder shall lapse within one year if substantial use has not
commenced unless satisfactory reasons have been proven to the SPGA. (1) Towers
shall be allowed in all zoning districts pursuant to this bylaw. (2) Expiration
of permit. The special permit granted under this bylaw shall expire within five
years of the date of issuance of the permit.
(3) Amendments
of existing special permits shall only require such additional information as
pertains to the proposed changes and information pertaining to changes in the
information provided for the existing special permit. [Added 1-4-2000 STM by Art. 14] (4) Renewals
of existing special permits under this bylaw shall not require the resubmission
of items specified by § 145-42D and Subsection C of this section unless
there has been a substantive change in the information or conditions from that
used for the existing special permit, and provided further that a complete
application for renewal of the special permit is submitted prior to the
expiration of the existing special permit.
[Added 1-4-2000 STM by Art. 14]
C. Application.
An application for a special permit under this bylaw shall be filed utilizing
the forms and procedures described in § 145-42 (site plan review special
permit) of the Townsend Zoning Bylaw. In addition to the requirements of
§ 145-42, the following shall also apply:
(1) The
site plan shall be prepared by a professional engineer and shall include the
following minimum requirements: (a) Tower
location, including guy wires, if any, and tower height. (b) Topography. (c) Other
feasible sites, including existing sites, if any. (d) Fencing
and landscaping. (e) Access
and parking. (f) Lighting. (g) Areas
to be cleared of vegetation and trees. (h) Site
boundaries. (i) Abutters. (j) Eight
view lines in a one-mile radius from the site, shown beginning at true North
and continuing clockwise at forty-five-degree intervals. (2) A
locus map will be prepared and shall show all streets, bodies of water, landscape
features, historic sites, habitats for endangered species within 200 feet, and
all buildings within 500 feet. (3) Reports
prepared by one or more professional engineers, which shall: (a) Describe
the tower and the technical, economic and other reasons for the tower design,
and the need for the tower at the proposed location. (b) Demonstrate
that the tower complies with all applicable standards of the federal and state
governments. (c) Describe
the capacity of the tower including the number and type of transmitter
receivers that it can accommodate and the basis for the calculation of
capacity. (d) Demonstrate
that the tower and site comply with this regulation. (e) Describe
the wireless telecommunications provider's master antenna plan, including
detailed maps, showing the precise locations, characteristics of all antennas
and towers and indicating coverage areas for current and future antennas and
towers. (4) A
copy of the requests made by the applicant to the Federal Aviation Administration
(FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics
Commission and the Massachusetts Department of Public Health to provide a
written statement that the proposed tower complies with applicable regulations
administered by the agency or that the tower is exempt from those regulations
and a copy of the response from each agency. If such response is not received
within 60 days, the application will be considered complete. The applicant
shall send a subsequently received agency statement, if any, to the Planning
Board. (5) On-site
demonstration. Between plan submittal and the date of the public hearing, a
balloon shall be put in place at the height of the proposed tower, for not less
than 21 days. The balloon shall be of a size and color that can be seen from
every direction for a distance of one mile. The balloon must be removed within
seven days of the close of the public hearing. D. Approval.
A site plan review special permit shall be granted by the Planning Board in
accordance with (MGL) Massachusetts General Law and the provisions of this
bylaw relative to special permits. Any extension, addition of cells or
construction of new or replacement towers or transmitters shall be subject to
an amendment to the special permit, following the same procedure as for an
original grant of a special permit. E. Location
and site requirements. The tower and its appurtenances shall be located in
accordance with the Federal Communication Commission (FCC) and the Federal
Aviation Administration (FAA) regulations in effect at the time of construction
and further, that the operation shall comply with all requirements of these
agencies during the entire period of operation. In addition, the tower and its
facilities shall be located within the Town of Townsend as follows: (1) All
wireless communication towers and facilities shall be sited on municipal land
or in church steeples whenever feasible.
(2) New
towers shall be considered only upon a finding by the Planning Board that
existing or approved towers cannot accommodate the wireless communication
equipment planned for the proposed tower.
(3) To
the extent feasible all service providers shall co-locate on a single tower.
Towers and accessory buildings shall be designed to structurally accommodate
the maximum number of users. (4) Irrespective of the requirements of the Land Space Requirements Table,[xii]EN
the setback from property lines shall be a minimum of a distance at least equal
to the height of the tower. (5) Setback
from designated wetlands, water bodies and areas with a slope in excess of 5%
shall be at least 100 feet. (6) Distance
from all existing buildings shall be at least 500 feet. (7) Fencing
shall be provided to control access to the base of the tower which fencing
shall be compatible with the scenic character of the Town and shall not be of
barbed wire or razor wire. (8) Access
shall be provided to a site by a roadway that respects the natural terrain,
does not appear as a scar on the landscape, and is approved by the Planning
Board and the Fire Chief to assure emergency access at all times. (9) Consideration
shall be given to design that minimizes erosion; construction on unstable
soils; and steep slopes. (10) The
applicant shall demonstrate to the satisfaction of the Planning Board that the
location of the tower is necessary and that the size and height is the minimum
necessary for the purpose. (11) There
shall be no signs, except for announcement signs, no trespassing signs and a
required sign giving a phone number where the owner can be reached on a
twenty-four-hour basis. All signs shall conform to the sign requirements of
Townsend Zoning Bylaw Article X, and shall be subject to conditions of the site
plan review special permit. (12) Accessory
uses shall be limited to one structure per use per tower, but shall not exceed
10 structures per tower. If more than one use, the accessory buildings shall be
connected by a common wall. Each structure shall not exceed 400 square feet in
size and 10 feet in height, and shall be of the same design and color. (13) To
the extent feasible all network interconnections (from and to) the
communications site shall be installed underground. (14) The
tower shall minimize adverse visual effect on the environment and the people of
Townsend. The Planning Board may impose reasonable conditions to ensure this
result, including, but not limited to: painting, lighting standards and
screening. (15) Clearing
shall be performed in a manner that will maximize preservation of natural
beauty and conservation of natural resources, which will minimize marring, and
scarring of the landscape or silting of streams. (a) The
time and method of clearing rights-of-way should take into account soil
stability, the protection of natural vegetation, the protection of adjacent
resources, such as the protection of natural habitat for wildlife, and
appropriate measures for the prevention of silt deposition in
watercourses. (b) Clearing
of natural vegetation should be limited to that material which poses a hazard
to the tower. (c) The
use of "brush blades" instead of dirt blades on bulldozers is
recommended in clearing operations where such use will preserve the cover crop
of grass, low growing brush or other vegetation. (d) Areas
should be cleared only when necessary to the operation, maintenance, and
construction of the tower. F. Development
requirements. Visual impacts of the tower shall be minimized. (1) The
applicant shall demonstrate that the proposed tower is no higher than necessary
to accommodate transmitters and receivers.
(2) All
towers shall be monopole in type. (3) Silver
paint or a galvanized finish shall be used on the tower above the tree line to
blend with the landscape. Green paint to blend with the landscape shall be used
to the tree line. A cellular tower constructed within 100 feet of a residential
district shall be camouflaged. (4) Night
lighting of towers shall be prohibited unless required by the Federal Aviation
Administration. Lighting shall be limited to that needed for emergencies and/or
as required by the FAA. (5) Siting
shall be such that the view of the tower from other areas of Town shall be as
minimal as possible. (6) Shared
use of towers is to be encouraged. When technically not practical, towers shall
be separated on the site so that, if the support structure of one falls, it
will not strike another. (7) The
tower shall be designed to accommodate the maximum number of uses
technologically practical. (8) There
shall be a minimum of one parking space for each tower, to be used in
connection with the maintenance of the tower and the site, and not to be used
for the permanent storage of vehicles.
G. Conditions
of use. Any tower or facility that is not operated for a continuous period of
12 months shall be considered abandoned. The owner of such tower and facility
shall remove the same within 90 days of receipt of notice from the governing
authority notifying the owner of such abandonment. H. Performance
guaranties. (1) Insurance
in a reasonable amount determined and approved by the Planning Board after
consultation at the expense of the applicant with one or more insurance
companies shall be in force to cover damage from the structure, damage from
transmissions and other site liabilities. Annual proof of said insurance shall
be filed with the Town Clerk. (2) An
initial bond shall be posted to cover construction costs and an annual
maintenance bond shall be posted for the access road, site and tower(s) will be
posted in an amount approved by the Planning Board. (3) Annual
certification demonstrating continuing compliance with the standards of the
Federal Communications Commission and the Federal Aviation Administration shall
be filed with the Building Inspector by the special permit holder. (4) An
initial cash bond in a reasonable amount determined and approved by the
Planning Board shall be in force to cover removal of the tower when
discontinued or obsolete. (5) Failure
to post an approved bond and/or provide proof of insurance shall be grounds to revoke
the site plan review special permit. I. Exemptions.
Exempted under this bylaw are private, noncommercial amateur radio operator
(HAM) radio or CB towers used in accordance with the terms of any amateur radio
service license issued by the Federal Communications Commission (FCC). These
towers are still subject to the following conditions: (1) Require
a building permit if over 70 feet above ground level. (2) The
setback of the tower from any property bounds must be no less than the actual
height of the tower rather than the height above the ground. (3) The
tower must be removed upon loss or termination of said FCC license. J. Waivers. (1) The
Planning Board may waive strict adherence to sections of this bylaw if it finds
that the safety and well-being of the public will not be adversely affected by
such a waiver. For each waiver granted, the Planning Board will make a written
record indicating that the proposed tower meets the purpose (Subsection A) of
this bylaw. (2) All
requests for waivers shall be made in writing on a separate sheet (or sheets)
of paper and be attached to the site plan review special permit application and
be presented at the time of the initial application. (3) Requests
for waivers shall indicate the section number and the reason the applicant
needs the waiver along with any documentation to support the request. (4) The
Planning Board will grant requests for waivers only upon a four-fifths majority
vote. Each request shall be voted on separately. The applicant shall have the
right to withdraw the request at any time prior to the actual vote. Once a
request for a waiver is withdrawn it may not be presented again for a period of
year. (5) Requests
for more than three waivers, including, in the case of an amendment or renewal,
any waivers previously granted for the existing or any predecessor permits,
will indicate to the Planning Board the following: [Amended 1-4-2000 STM by Art. 14] (a) The
site is inadequate for the proposed use.
(b) The
site plan is incomplete. K. Invalidation.
If any portion of this bylaw is declared to be invalid, the remainder shall
continue to be in full force and effect.
§ 145-52. Outdoor lighting. [Added
4-29-1997 ATM by Art. 45] A. Purpose.
This bylaw is intended to reduce the problems created by improperly designed
and installed outdoor lighting. It is intended to eliminate glare, minimize
light trespass and sky glow, reduce energy use of outdoor lighting by limiting
the area that certain outdoor lighting fixtures can illuminate in the Town of
Townsend. B. Definitions.
For the purposes of this bylaw, terms used shall be defined as follows: DIRECT LIGHT -- Light emitted directly from the lamp, off of the reflector or reflector diffuser or through the refractor or diffuser lens of a luminaire. FIXTURE -- The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, or a refractor or lens. FLOOD OR SPOT LIGHT -- Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. GLARE -- Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and in extreme cases causing momentary blindness. HEIGHT OF LUMINAIRE -- The vertical distance from the ground directly below the center line of the luminaire to the lowest direct light emitting part of the luminaire. LAMP -- The component of a luminaire that produces the actual light. LIGHT TRESPASS -- The shining of light produced by a luminaire beyond the boundaries of the property on which is it located. LUMEN -- A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this bylaw the lumen output values shall be the initial lumen output ratings of a lamp. LUMINAIRE -- A complete lighting system including a lamp or lamps and a fixture. OUTDOOR LIGHTING -- The illumination of an outside area or object by any man-made device located outdoors that produces light by any means. TEMPORARY OUTDOOR LIGHTING -- The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than seven days with at least 180 days passing before the device is used again. C. Regulations.
All luminaires for private outdoor lighting installed in the Town of Townsend
shall be in conformance with the requirements established by this bylaw. (1) The
luminaire shall emit no direct light above a horizontal plane through the
lowest direct light emitting part of the luminaire. (2) The
luminaire shall be mounted at a height in feet equal to or less than the value
3 + (D/3) where D is the distance in feet to the nearest property boundary. The
maximum height of the luminaire may not exceed 25 feet. D. Exceptions. (1) Any
flood or spot luminaire with a lamp or lamps rated at a total of 900 lumens or
less and any other type of luminaire with a lamp or lamps rated at a total of
1,800 lumens or less may be used without restriction to light distribution or
mounting height except that if any flood or spot luminaire rated at a total of
900 lumens or less aims, directs, or focuses direct light toward residential
buildings on adjacent or nearby land or creates glare perceptible to persons
operating motor vehicles on public ways, the luminaire shall be redirected or
its light output controlled as necessary to eliminate such conditions. (2) Luminaires
used for roadway illumination may be installed at a maximum height of 25 feet
and may be positioned at that height up to the edge of any bordering
property. (3) All
temporary lighting needed by the Police Department, Fire Department or other
emergency services as well as all vehicular luminaires shall be exempt from the
requirements of this bylaw. (4) All
hazard warning luminaires required by government regulatory agencies are exempt
from the requirements of this bylaw except that all luminaires used must be
shown to be as close as possible to the federally required minimum lumen output
requirement for the specific task. E. Nonconforming
temporary outdoor lighting. Nonconforming temporary outdoor lighting may be
permitted for a period of up to seven days upon issuance of a temporary
lighting permit by the Building Inspector.
F. Outdoor
recreational facilities. Illumination of outdoor recreational facilities
(public or private), such as, but not limited to, football fields, soccer
fields, baseball fields, softball fields, or tennis courts, shall not occur
after 11:00 p.m., except to conclude a scheduled event that was in progress
before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m. G. Effective
date and grandfathering of nonconforming luminaires: (1) This
bylaw shall take effect immediately upon approval by the voters of the Town of
Townsend at an Annual or Special Town Meeting.
(2) Any
luminaire lawfully in place prior to the date of this bylaw shall be exempt
from Subsection C of this bylaw until the luminaire is moved or replaced. H. Violations,
legal actions and penalties. (1) Violations
and legal actions. If, after investigation, the Zoning Enforcement Officer
finds that any provision of this bylaw is being violated, he shall give notice
by hand delivery or by certified mail, return receipt requested, of such
violation to the owner and/or to the occupant of such premises, demanding that
violation be abated within 30 days of the date of hand delivery or of the date
of receipt of the notice. If the violation is not abated within the thirty-day
period, the Zoning Enforcement Officer may institute actions and proceedings,
either legal or equitable, to enjoin, restrain or abate any violations of this
bylaw and to collect the penalties for such violations. (2) Penalties.
A violation of this bylaw, or any provision thereof, shall be punishable by a
civil penalty of $25. Each day of violation after the expiration of the
thirty-day period provided in Subsection H(1) shall constitute a separate
offense for the purpose of calculating the civil penalty. I. Invalidation.
If any portion of this bylaw is declared to be invalid, the remainder shall
continue to be in full force and effect.
§ 145-53. Adult use establishments. [Added
9-9-1997 STM by Art. 8] A. Purpose.
It is the intent and purpose of this bylaw to regulate adult use establishments
to promote the health, safety and general welfare of the citizens of Townsend
and to guard against adverse secondary effects on the population of the Town.
Furthermore, it is the intent and purpose to establish reasonable and uniform
regulations to prevent any deleterious location and concentration of adult use
establishments within the Town, thereby reducing the adverse secondary effects
from such adult use establishments. The provisions of this bylaw have neither
the purpose nor effect of imposing limitations or restriction on the content of
any communicative materials. Similarly, it is not the intent nor effect of this
bylaw to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment, or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market. It is
neither the intent nor effect of this bylaw to condone or legitimize the
distribution of obscene material. B. Definitions. ADULT BOOKSTORE -- 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, or which is obscene matter or obscene visual material, as these terms are defined in MGL c. 272, § 31 as amended. ADULT CABARET -- A nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which presents or conducts public showings of: (1) Persons
who appear in the state of nudity as defined in MGL c. 272, § 31 as
amended; or (2) Live
performances which are characterized by an emphasis depicting anatomical areas
specified as less than completely and opaquely covered human genitals, pubic
region, buttock and female breast below a point immediately above the top of
the areola, and human genitals in a state of sexual arousal; or relating to
sexual conduct or sexual excitement; or which is obscene matter or obscene
visual material as these terms are defined in MGL c. 272, § 31 as amended;
or (3) Films,
motion pictures, video cassettes, slides, photographic reproductions or any
other visual media which are characterized by the depiction or description of
anatomical areas specified as above, or relating to sexual conduct or sexual
excitement or which is obscene matter or obscene visual material as these terms
are defined in MGL c. 272, § 31 as amended. ADULT MOTION PICTURE THEATER -- An enclosed building for one or more patrons used for presenting material (including, but not limited to, motion picture films, video cassettes, cable television, slides, or any other such visual media) distinguished by an emphasis on matter or visual material depicting, describing, or relating to sexual conduct or sexual excitement or which is obscene matter or obscene visual material as these terms are defined in MGL c. 272, § 31 as amended. ADULT PARAPHERNALIA STORE -- An establishment having as a portion of its stock devices, objects, tools, or toys which are distinguished by their association with sexual activity, including sexual intercourse, sexual conduct or sexual excitement or which is obscene matter or obscene visual material as these terms are defined in MGL c. 272, § 31 as amended, but not including contraceptives. ADULT RETAIL ESTABLISHMENT -- An establishment having as a substantial or significant portion of its stock in trade, books, magazines, pictures, periodicals, motion picture films, video cassettes, or coin-operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on "matter" or "visual material" depicting, describing or relating to "sexual conduct," "obscene" matter, or which may be considered "obscene" as these terms are defined in MGL c. 272, § 31 as amended, or having for sale, rental or barter, any sexual devices including, but not limited to, devices depicting or representing any part of the human anatomy, or any other device, primarily designed, promoted, or marketed for physical stimulation, or the enhancement thereof, related to "sexual conduct" of any kind as this term is defined in MGL c. 272, § 31 as amended, including any and all chemical products, other than prescription drugs, so designed, promoted or marketed. ADULT USE ADVERTISEMENT SIGN -- An advertising sign or device which advertises an adult use establishment, adult bookstore, adult video store, adult cabaret, adult paraphernalia store, or adult motion picture theater and/or advertises live performances or the trade, rental or sale of material, distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement or which is obscene matter or obscene visual material as these terms are defined in MGL c. 272, § 31 as amended. ADULT USE ESTABLISHMENT -- Any adult bookstore, adult retail establishment or adult video store as defined below, or any other establishment having a portion of its business activity, stock in trade, or other materials for sale, rental or display, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual conduct as defined in MGL c. 272, § 31 as amended, including but not limited to the following: any adult cabaret, adult motion picture theater or adult paraphernalia store as set forth below. ADULT VIDEO STORE -- An establishment having as a substantial or significant portion of its stock in trade - for sale or rent - motion picture films, video cassettes, and similar audio/visual media, which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement or which is obscene matter or obscene visual material as these terms are defined in MGL c. 272, § 31 as amended. OBSCENE ENTERTAINMENT -- All entertainment which may be considered "obscene" as this term is defined by MGL c. 272, § 31 as amended. SUBSTANTIAL OR SIGNIFICANT PORTION -- The term "substantial or significant portion" as used herein shall mean any of the following: (1) Twenty
percent or more of the business inventory or stock of merchandise for sale,
rental distribution, or exhibition during any period of time; or (2) Twenty
percent or more of the annual number of gross sales, rentals or other business
transactions; or (3) Twenty
percent or more of the annual gross business revenue; or (4) Twenty
percent or more of the hours during which the establishment is open. (5) Any
advertising, promotion, or other representation in any quantity by such
establishment, including but not limited to newspaper, magazine, direct mail,
or internet ads, that indicates that the establishment provides sexually
oriented entertainment, merchandise, paraphernalia, etc., by an establishment
for which sexually oriented inventory or stock in trade is less than 20% of the
total inventory/stock in trade. C. Zoning
district. (1) The
special regulations itemized in this section are for the purpose of preventing
a concentration of adult use establishments in any one area of Town; to prevent
the associated secondary effects of such establishments; and to promote the
health, safety and welfare of the citizens of Townsend. (2) Adult
use establishments are permitted only in the Industrial (ID) Zoning District as
defined in the Town of Townsend Zoning Bylaw § 145-30. D. Special
permits. (1) No
adult use establishment shall commence operations without first applying for
and receiving a special permit from the special permit granting authority. (2) The
special permit granting authority (SPGA) for the adult use establishment
special permit shall be the Townsend Planning Board. (3) No
adult use establishment special permit shall be granted if any boundary line of
the proposed site is located less than 400 feet from the boundary line of any
of the following: (a) Any
numbered state highway. (b) Religious
institutions including churches, parish houses, and rectories. (c) An
establishment serving alcoholic beverages which are consumed on its
premises. (4) No
adult use establishment special permit shall be granted if any boundary line of
the proposed site is located less than 1,500 feet from the boundary line of any
of the following: (a) Another
adult use establishment; (b) Public
or private nursery schools; (c) Public
or private day-care centers; (d) Public
or private kindergartens; (e) Public
or private elementary schools; (f) Public
or private middle or secondary schools; (g) Playgrounds
or parks; (h) A
hotel, motel, motor court or lodging house;
(i) An
establishment selling alcoholic beverages;
(j) An
establishment licensed under MGL c. 138, § 12; (k) A
municipal building or use; (l) A
cemetery; (m) A
commercial amusement center or park; (n) A
hospital or nursing home; (o) An
historic district as described in Chapter 54, Historic Districts, of the Town
of Townsend General Bylaws. (p) No
permits shall be granted for an adult use establishment in an area otherwise
properly zoned if the specific location is within a fifteen-hundred-foot radius
of an interstate highway ramp where said ramp intersects with a Town, state, or
private road. (5) No
adult use establishment special permit shall be granted if any boundary line of
the proposed site is located less than 300 feet from the boundary line of any
of the following: (a) A
residential zoning district or residence.
(6) The
SPGA shall apply the following criteria in the granting of a special permit
under this section: (a) Adult
use establishments shall not be allowed within a building containing any other
uses. (b) No
adult use establishment shall be located within 100 feet of a public or private
way. (c) The
structure in which adult use establishments is open to the public shall be
limited as follows: adult bookstore, adult paraphernalia store, adult video
store or similar adult use establishments shall not be open before 9:00 a.m.
nor later than 9:00 p.m.; adult motion picture theater, adult cabaret club and
similar adult use establishments shall not be open before 4:00 p.m. nor later
than 11:00 p.m. (d) No
adult use establishment may have visible from the exterior of the premises any
flashing lights. (e) At
all times when an adult entertainment establishment is open for business, the
entire area of the premises must be continually illuminated to the degree of
not less than one footcandle measured 30 inches from the floor except those
portions of the room covered by furniture.
(f) The
sale, dispensing or consumption of alcoholic beverages is prohibited on a
premises where an adult use establishment exists. (g) There
shall be no more than one adult use establishment permit for up to 30,000
residents of Town as listed in the latest federal census. A second adult use
establishment permit shall not be issued until there are more than 30,000
residents in the Town as listed in the latest federal census. (h) No
adult use establishment permit shall be allowed to display for advertisements
or other purpose, any signs, placards or other like materials to the general
public on the exterior of the building, or on the interior through glass or
other like transparent material. (i) No
one under the age of 18 years of age shall be allowed on the premises. (j) Obscene
merchandise or services shall not be available for use, rent, or sale. (k) No
one, including employees and patrons, shall be permitted on the premises while
such person is unclothed or in such state of attire as may be considered
"nudity" as that term is defined in MGL c. 272, § 31, as
amended, except an entertainer hired by the owner thereof. (l) For
the first year of a new adult use establishment permit, two uniformed police
officers shall be on duty, at the expense of the owner, at any establishment
where live entertainment takes place. At the end of this one-year period, the
number of uniformed police officers required shall be based upon a written
recommendation to the Planning Board by the Chief of Police. However, at no
time shall there be less than one uniformed police officer on duty. (m) No
hostess or other employees or persons may mingle with the patrons, while such
hostess or other person is unclothed or in such state of attire as may be
considered "nudity" as this term is defined in MGL c. 272, § 31,
as amended. (n) No
person shall be employed or permitted to perform an act or acts, or to simulate
an act or acts of "sexual conduct" or engage in any activity which
may be considered causing or encouraging a state of "sexual
excitement" as defined in MGL c. 272, § 31, as amended. (o) The
permitted uses specifically exclude disseminating or offering to disseminate
adult material or matter to minors or suffering minors to view displays of such
matter or material. (p) Entertainers
are required to remain in a designated area such as a stage during performances
and are prohibited from mingling with patrons during their performances. (q) All
entertainers shall register their "stage" name, legal name, social
security number and address with the Town of Townsend Chief of Police. (7) No
special permit for an adult use establishment shall be issued to any person
convicted of violating MGL c. 119, § 63 as amended, or MGL c. 272,
§ 28 as amended nor may any person convicted of such violations be
employed or contracted to work in a managerial, supervisory, or directorial
role for such establishment, nor may any such person be a partner. (8) An
applicant for a special permit to operate an adult use establishment must file
an application on a form approved by the SPGA per requirements in
§ 145-65C of these Zoning Bylaws. Such form shall require any information
required by the SPGA, but shall include as a minimum: (a) Name,
address, home and business telephone numbers and social security numbers of the
legal owner(s) of the establishment; (b) Name,
address, home and business telephone numbers and social security numbers of all
persons having lawful, equity of security interests in the establishment; (c) Name,
address, home and business telephone numbers and social security numbers of all
manager(s), assistant managers, and other supervisory personnel; (d) The
number of proposed employees, including performers; (e) Proposed
security precautions, including fire suppression. (f) Physical
layout of the premises in a format established by the SPGA; but no less than a
scale drawing by a registered engineer or architect. (g) The
exact use(s) to be made of the premises.
(h) Any
information that may be required to perform lawful background checks on any of
the individuals listed above. The SPGA is permitted but not required to have
such checks performed. (9) Term
of permit. (a) No
special permit for the operation of an adult use establishment shall be issued
for a period of greater than two years. (b) No
adult use establishment may operate after the expiration of such special
permit. (10) Renewal. (a) An
application for renewal of a special permit for the operation of an adult use
establishment must be made prior to the expiration of the previously granted
permit. Any application made after the expiration of the special permit shall
be treated as a new application. (b) No
adult use establishment may operate after the expiration of its special permit.
Violations of this provision are grounds for denial of renewal. (c) For
the purposes of renewal only, the following requirements of this Subsection D
are waived if the relevant other establishment, use, or way came into being
after the issuance of the original special permit for operation of an adult use
establishment (where "original" means the most recent permit issued
that was not a renewal). [1] Subsection
D(3)(b) and (c). [2] Subsection
D(4)(b), (c), (d), (g), (h), (i), (j), (l), (m), (n), (o) and (p), except that
these provisions shall not be waived if the other establishment is publicly
owned or if any owner of the adult use establishment seeking the renewal has
any interest (equity or otherwise) in the other establishment. [3] Subsection
D(5)(a). [4] Subsection
D(6)(b). E. Site
plan review. (1) Adult
use establishments require site plan approval from the Town of Townsend
Planning Board. (2) The
application for site plan approval for an adult use establishment must be filed
per §§ 145-42 and 145-65 of the Townsend Zoning Bylaws on the
"special permit for site plan review" form approved by the Planning
Board. Such form shall contain any information required by the Planning Board,
but shall include as a minimum all information required of the special permit
to operate an adult use establishment as specified in Subsection D(8). (3) Adult use establishments may be permitted under this section only on lots not less than three times the lot size required in the Industrial (ID) Zone per the Land Space Requirements Table.[xiii]EN
However, in no case shall the lot be less than 135,000 square feet. (4) The
Planning Board shall determine that the proposed site will meet, or be altered
to meet, all provisions of this Zoning Bylaw including coverage, densities,
buffer areas and parking requirements. (5) Additional
requirements. (a) Appearance
of buildings for adult uses shall be consistent with the appearance of
buildings in similar (but not specifically "adult") uses in Townsend,
and shall not employ unusual color, graphics, lighting or building design which
would attract attention to the premises.
(b) There
shall be a minimum yard depth of 100 feet for front, rear, and side yards. (c) There
shall be a minimum 60 feet of landscape buffer of dense shrubbery on the rear,
side and front yards as prescribed by the Planning Board, specifically designed
to minimize the impact of the adult use establishment on abutting properties
and the general public. (d) No
adult use establishment may have visible, from outside the establishment, any
flashing or moving lights. (e) The
adult use advertisement sign may only be located on the building in which the
adult use establishment is operating. The sign may only contain the name of the
adult use establishment and the hours of operation. (f) No
adult use establishment shall erect a freestanding sign, nor may any such
establishment advertise on a freestanding accessory sign. (g) No
adult use advertisement sign may contain any moving, flashing, or animated
lights, or visible moving or movable parts, or changeable type. (h) Appropriate
fencing to restrict public access to the adjacent properties is required. (i) Lighting
of the exterior of the building and parking lot to reduce congestion, improve
public safety and increase visibility for public safety is required, as
specified by the Planning Board using criteria found in Town of Townsend Zoning
Bylaws § 145-52, Outdoor lighting. (j) The
parking area and all the driveways or other areas that accommodate vehicles
must be paved as specified by the Planning Board. F. Noncompliance. (1) Noncompliance
with any of the conditions of the special permit or of any Town of Townsend
Zoning Bylaw, or of any state law, shall be deemed to be a violation of the
special permit. If more than two violations occur within 180 days of each
other, suspension of all special permits and licenses granted shall occur for a
period of 180 days following a public hearing by the SPGA. (2) Repeated
abuses (more than two public hearings in two years, not counting any hearing at
which the hearing board finds that all accusations are without merit) shall
result in complete revocation of permits and licenses following a public
hearing by the SPGA. If such a revocation occurs, the applicant must wait five
years before reapplying for an adult use establishment special permit. G. Severability.
If any provision of this bylaw or the application thereof to any person or circumstance
is held invalid, such invalidity shall not affect other provisions of the
bylaw, or the application of such other provisions which can be given effect
without the invalid provision or application thereof. § 145-54. Groundwater Protection District. [Added
4-28-1998 ATM by Art. 33] A. Purpose
of district. The purpose of this Groundwater Protection District is to: (1) Promote
the health, safety, and general welfare of the community by ensuring an
adequate quality and quantity of drinking water for the residents,
institutions, and businesses of the Town of Townsend; (2) Preserve
and protect existing and potential sources of drinking water supplies; (3) Conserve
the natural resources of the Town; and (4) Prevent
temporary and permanent contamination of the environment. B. Scope
of authority. The Groundwater Protection District is an overlay district
superimposed on the zoning districts. The Groundwater Protection District shall
be defined as the recharge areas - Zone I, Zone II, Zone III as delineated on a
map entitled "Groundwater Protection Overlay Map," dated April 1998,
and in addition, the recharge areas - Zone I, Zone II, Zone III as delineated
on a map entitled "Zone II Delineation, Witches Brook Wells," dated
June 1999. This overlay district shall apply to all new construction,
reconstruction, or expansion of existing buildings and new or expanded uses as
set forth in Subsection F. Applicable activities or uses in a portion of one of
the underlying zoning districts which fall within the Groundwater Protection
District must additionally comply with the requirements of this district. Uses
that are prohibited in the underlying zoning districts shall not be allowed in
the Groundwater Protection District.
[Amended 5-2-2000 ATM by Art. 19]
C. Establishment
and delineation of Wellhead Protection District. For the purposes of this
district, there are hereby established within the Town certain wellhead and
groundwater protection areas, consisting of aquifers or recharge areas which
are delineated on maps. These maps are identified in Subsection B. These maps
are hereby made a part of the Townsend Zoning Bylaw and are on file in the
office of the Town Clerk. [Amended
5-2-2000 ATM by Art. 19] D. Definitions.
For the purposes of this section, the following terms are defined below: AQUIFER -- Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water. GROUNDWATER PROTECTION DISTRICT -- The zoning district defined to overlay other zoning districts in the Town of Townsend and includes specifically designated recharge areas. IMPERVIOUS SURFACE -- Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil. MINING -- The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock. POTENTIAL DRINKING WATER SOURCES -- Areas which could provide significant potable water in the future. RECHARGE AREAS -- Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II, or Zone III. TOXIC OR HAZARDOUS MATERIAL -- Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water in the Town of Townsend. Toxic or hazardous materials include, without limitation: synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as toxic or hazardous under MGL c. 21C and 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use. ZONE I -- The four-hundred-foot protective radius around a public water supply well. ZONE II -- The area of an aquifer which contributes water to a well under the most severe recharge and pumping conditions that can be realistically anticipated (180 days of pumping at safe yield with no recharge from precipitation), as defined in 310 CMR 22.00, and as drawn on the maps identified in Subsection B. [Amended 5-2-2000 ATM by Art. 19] ZONE III -- The land area beyond Zone II from which surface water and groundwater drain into Zone II, as defined in 310 CMR 22.00, and as drawn on the maps identified in Subsection B. [Amended 5-2-2000 ATM by Art. 19] E. District
boundary disputes. If the location of the district boundary in relation to a
particular parcel is in doubt, resolution of boundary disputes shall be through
a special permit application to the Zoning Board of Appeals. Any application
for a special permit for this purpose shall be accompanied by adequate
documentation. The burden of proof shall be upon the owner(s) of the land to
show where the bounds should be located. The Zoning Board of Appeals will
engage at the request of the owner(s), or at the discretion of the Zoning Board
of Appeals, a professional engineer, hydrologist, geologist, or soil scientist
to determine more accurately the boundaries of the district with respect to
individual parcels of land, and may charge the owner(s) for the cost of the
investigation. The determination of the location and extent of Zones II and III
shall be in conformance with the criteria set forth in 310 CMR 22.00, in the
DEP's Guidelines and Policies for Public Water Systems, and approved by the
Department of Environmental Protection. F. Use
regulations. These regulations shall not apply to existing structures or uses
in the Groundwater Protection District, but shall apply to any change of use or
substantial extension of such use and to any new construction or substantial
expansion of existing buildings. In the Groundwater Protection District the
following regulations shall apply: (1) Allowed
uses. (a) Zone
I. Only uses related to the operation and maintenance of the public water
supply are allowed in the Zone I defined in 310 CMR 22.00. (b) Zones
II, III. The following uses are allowed within the remainder of the Groundwater
Protection District, provided that all necessary permits, orders, or approvals
required by local, state, or federal law are also obtained: [1] Conservation
of soil, water, plants, and wildlife; [2] Outdoor
recreation, nature study, boating, fishing, and hunting where otherwise legally
permitted; [3] Foot,
bicycle and/or horse paths, and bridges;
[4] Normal
operation and maintenance of existing water bodies and dams, splash boards, and
other water control, supply and conservation devices; [5] Maintenance,
repair, and enlargement of any existing structure, subject to Subsection F(2),
Prohibited uses, and Subsection F(3), Uses and activities requiring a special permit. [6] Residential
development, subject to Subsection F(2), Prohibited uses, and Subsection F(3),
Uses and activities requiring a special permit.
[7] Farming,
gardening, nursery, conservation, forestry, harvesting, and grazing subject to
Subsection F(2), Prohibited uses, and Subsection F(3), Uses and Activities
requiring a special permit. [8] Construction,
maintenance, repair, and enlargement of drinking water supply related
facilities such as, but not limited to, wells, pipelines, aqueducts, and
tunnels. (2) Prohibited
uses. The following uses are prohibited in all of the district. (a) Landfills
and open dumps as defined in 310 CMR 19.006;
(b) Automobile
graveyards and junkyards, as defined in MGL c. 140B, § 1; (c) Individual
sewage disposal systems that are designed in accordance 310 CMR 15.00 to
receive more than 110 gallons of sewage per quarter acre under one ownership
per day, or 440 gallons of sewage on any one acre under one ownership per day,
whichever is greater, provided that: [1] The
replacement or repair of a system, which will not result in an increase in
design capacity over the original design, or the design capacity of 310 CMR
15.00, whichever is greater, shall be exempted;
[2] In
cluster subdivisions the total sewage flow allowed shall be calculated based on
the number of percable lots in the entire parcel; (d) Facilities
that generate, treat, store, or dispose of materials as defined in this bylaw,
Subsection D, toxic or hazardous material, except for the following: [1] Very
small quantity generators as defined under 310 CMR 30.00; [2] Household
hazardous waste centers and events under 310 CMR 30.00; [3] Waste
oil retention facilities required by MGL c. 21, § 52A; [4] Water
remediation treatment works approved by DEP for the treatment of contaminated
ground or surface waters; (e) Storage
of liquid petroleum products, except the following: [1] Normal
household use, normal outdoor maintenance, and heating of a structure; [2] Waste
oil retention facilities required by statute, rule, or regulation; [3] Emergency
generators required by statute, rule, or regulation; [4] Treatment
works approved under 314 CMR 5.00 for treatment of ground or surface waters;
provided that such storage, listed in Subsection F(2)(e)[1] through [4] above,
is in freestanding containers within buildings, or above ground with secondary
containment adequate to contain a spill the size of the container's total
storage capacity. (f) Storage
of sludge and septage; (g) Storage
of de-icing chemicals, or mixtures, unless such storage, including loading
areas, is within a structure designed to prevent the generation and escape of
contaminated runoff or leachate; (h) Storage
of animal manure unless covered or contained in accordance with the
specifications of the Natural Resource Conservation Service and the Townsend
Board of Health Manure Management requirements;
(i) Earth
removal, consisting of the removal of soil, loam, sand, gravel, or any other
earth material (including mining activities) within seven feet of historical
high groundwater (as determined in accordance with Townsend Zoning Bylaw
§ 145-46, Earth removal) except for excavations for building foundations,
roads, or utility works; (j) Treatment
or disposal works subject to 314 CMR 5.00, for wastewater other than sanitary
sewage, except for the following: [1] The
replacement or repair of an existing treatment works that will not result in a
design capacity greater than the design capacity of the existing treatment works; [2] Treatment
works approved by the Department of Environmental Protection designed for the
treatment of contaminated groundwater; [3] Sewage
treatment facilities in those areas with existing water quality problems when
it has been demonstrated to both the Department of Environmental Protection's
and the Board of Health's satisfaction that these problems are attributable to
current septic problems and that there will be a net improvement in water
quality. (k) Stockpiling
and disposal of snow, ice and sand containing de-icing chemicals if brought in
from outside the Groundwater Protection District; (l) Storage
of commercial fertilizers, as defined in MGL c. 128, § 64, unless such
storage is within a structure designated to prevent the generation and escape
of contaminated runoff or leachate; (m) The
use of septic system cleaners which contain toxic or hazardous chemicals; (n) Storage
of hazardous materials, as defined in Townsend Zoning Bylaw § 145-54D,
toxic or hazardous material; (o) Industrial
and commercial uses which discharge process wastewater on site. (3) Uses
and activities requiring a special permit. The following uses and activities
are allowed only in Zones II and III and only if allowed in the underlying
zoning district and only upon the issuance of a special permit by the Zoning
Board of Appeals under such conditions as they may require: (a) Enlargement
or alteration of existing uses that do not conform to the Groundwater
Protection District, subject to MGL c. 40A, § 9 and 310 CMR § 21 and
Townsend Zoning Bylaws Article XI, Appeals, Special Permits and Variances, and
Article V, Nonconforming Uses. [Amended
5-7-2002 STM by Art. 18; 10-21-2003 STM by Art. 34] (b) Those
activities that involve the handling of toxic or hazardous materials in
quantities greater than those associated with normal household use, allowed in
the underlying zoning [except as prohibited under Subsection F(2)]. (c) Any
use that will render impervious more than 15% or 2,500 square feet of any lot,
whichever is greater. A system for groundwater recharge must be provided which
does not degrade groundwater quality. For nonresidential uses, recharge shall
be by stormwater infiltration basins or similar system covered with natural
vegetation, and dry wells shall be used only where other methods are not
feasible. For all nonresidential uses, all such basins and wells shall be
preceded by oil, grease, and sediment traps to facilitate removal of
contamination. Such traps must be approved by the Hazardous Waste Coordinator
and the Board of Health. Any and all recharge areas shall be permanently
maintained in full working order by the owner.
(d) The
application of pesticides, including herbicide, insecticides, fungicides, and
rodenticides, for non-domestic or non-agricultural uses in accordance with
state and federal standards. If applicable, the applicant will provide
documentation of compliance with a yearly operating plan (YOP) for vegetation
management operations under 333 CMR 11.00 or a Department of Food and
Agriculture approved pesticide management plan or integrated pest management
(IPM) program under 333 CMR 12.00; (e) The
application of fertilizers for non-domestic or non-agricultural uses. Such
applications shall be made in a manner so as to minimize adverse impacts on
groundwater due to nutrient transport, deposition, and sedimentation; (f) The
construction of dams or other water control devices, ponds, pools or other
changes in water bodies or courses, created for swimming, fishing, or other recreational
uses, agricultural uses or drainage improvements. Such activities shall not
adversely affect water quality or quantity.
G. Procedures
for issuance of special permit. (1) The
special permit granting authority (SPGA) under this bylaw shall be the Zoning
Board of Appeals. The SPGA shall not grant a special permit under this section
unless the petitioner's application materials include, in the SPGA's opinion,
sufficiently detailed, definite, and credible information to support positive
findings in relation to the standards given in this section. The SPGA shall
document the basis for any departures from the recommendations of the other
Town boards or agencies in its decision.
(2) The
SPGA may grant the required special permit only upon finding that the proposed
use meets the following standards, those specified in Subsection F of this
section and § 145-65F of the Townsend Zoning Bylaws. The proposed use
must: (a) In
no way, during construction or thereafter, adversely affect the existing or potential
quality or quantity of water that is available in the Groundwater Protection
District; (b) Be
designed to avoid substantial disturbance of the soils, topography, drainage,
vegetation, and other water-related natural characteristics of the site to be
developed. (3) The
applicant shall file the requisite number of plans and attachment copies as
specified in the SPGA's rules and regulations. The plans shall be drawn at a
proper scale as determined by the SPGA and be stamped by a professional engineer.
All additional submittals shall be prepared by qualified professionals. The
plans and attachments shall, at a minimum, include the following information
where pertinent: (a) A
complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and
other potentially hazardous materials to be used or stored on the premises in
quantities greater than those associated with normal household use; (b) For
those activities using or storing such hazardous materials, a hazardous
materials management plan shall be prepared and filed with the Hazardous Waste
Coordinator and Board of Health. The plan shall include: [1] Provisions
to protect against the discharge of hazardous materials or wastes to the
environment due to spillage, accidental damage, corrosion, leakage, or
vandalism, including spill containment and cleanup procedures; [2] Provisions
for indoor, secured storage of hazardous materials and wastes with impervious
floor surfaces; [3] Evidence
of compliance with the regulations of the Massachusetts Hazardous Waste
Management Act 310 CMR 30, including obtaining an EPA identification number
from the Massachusetts Department of Environmental Protection. [4] Proposed
down-gradient location(s) for groundwater monitoring well(s), should the SPGA deem
the activity a potential groundwater threat. H. Violation. (1) Written
notice of any violations of this section shall be given by the Zoning
Enforcement Officer pursuant to Townsend Zoning Bylaw Article XIII, Enforcement
and Penalties. Such notice shall specify the requirement or restriction
violated and the nature of the violation, and may also identify the actions
necessary to remove or remedy the violations and preventive measures required
for avoiding future violations and a schedule of compliance. A copy of such
notice shall be submitted to the Town Clerk.
(2) The
cost of containment, cleanup, or other action of compliance shall be borne by
the owner and operator of the premises.
I. Severability.
Determination that any portion or provision of this Groundwater Protection
District Bylaw is invalid shall not invalidate any other portion or provision
thereof, nor shall it invalidate any special permit previously issued
thereunder. ARTICLE X, Signs § 145-55. General provisions. No signs or advertising devices of any kind or nature shall be erected on any premises or affixed to the outside of any structure or be visible from the outside of any structure in Townsend except as specifically permitted in this article. § 145-56. Residence districts. In residence districts, signs or advertising devices are permitted only as follows: A. One
sign displaying the street number, or name of the occupant of premises, or
both, not exceeding four square feet in area. Such sign may be attached to a
building or may be on a rod or post. Such sign may include identification of an
accessory studio or professional office in the dwelling or on the premises, or
may identify other permitted accessory uses, including customary home
occupations. All such signs shall be placed not nearer than 12 feet from the
street line. B. One
bulletin or announcement board or identification sign for a permitted
nonresidential building or use, not more than six square feet signboard area.
For churches and institutions, two bulletin or announcement boards or
identification signs are permitted on each building. Each such church or
institution sign shall be not more than 10 feet signboard area. No such sign
shall be located nearer a street than 1/2 the required front yard depth. C. On
the premises with a lawfully nonconforming use, one sign not more than six
square feet signboard area. D. One
"For Sale" or "For Rent" sign, not more than six square
feet signboard area and advertising only the premises on which the sign is
located. E. One
building contractor's sign on a building while actually under construction, not
exceeding six square feet signboard area.
F. In
residence districts all signs or advertising devices shall be stationary and
shall not contain any visible moving or movable parts. No sign or advertising
device in such districts shall be of neon or illuminated tube type. Lighting of
any sign or advertising device shall be continuous (not intermittent nor
flashing nor changing) and shall be so placed or hooded as to prevent direct
light from shining onto any street or adjacent property. No sign or advertising
device shall be illuminated after 11 p.m.
§ 145-57. Commercial and industrial districts. In commercial and industrial districts signs shall relate to the premises on which they are located and shall only identify the occupant of such premises or advertise the articles or services available within said premises. A. There
shall be no temporary or permanent special promotion signs, banners, streamers or
placards erected, suspended, posted or affixed in any manner outdoors or on the
exterior of any building. B. On
each lot in a commercial or industrial district, there is permitted one sign
affixed to the exterior of a building, for each occupant. The top edge of each
such sign shall be not higher than the roof ridge of the building, or the
highest point of the roof, if no ridge pole, no higher than the plate of a flat
roof. C. Signs
permitted in commercial and industrial districts shall not be more than 100
square feet signboard area per sign nor more than 3/4 of the length of the
face of the building on which the sign is affixed. § 145-58. Freestanding signs in commercial and
industrial districts. In commercial and industrial districts where buildings are set back 40 feet or more, one freestanding sign per lot is permitted. The top edge of any such freestanding sign shall be not higher than 25 feet vertical measure above the average level of the ground between the supports of each sign. For traffic safety, the whole of the signboard or display elements of any freestanding sign shall be either below three feet height or above 10 feet height above average ground level. Any such freestanding sign may be located within the front yard space, if any sign on such lot, and no part to be nearer than 12 feet to any lot line. § 145-59. Dimensions of freestanding signs. No freestanding sign shall have signboard area (or display area, if no signboard) exceeding 100 square feet gross area, measured from the tops of the topmost display elements, and from exterior side to exterior side of display elements, and including in such measurements any blank space between display elements. No display or signboard dimension shall exceed 16 feet for a freestanding sign. § 145-60. Illuminated signs. Illuminated signs are permitted subject to the following conditions: A. No
sign shall be intermittently illuminated, nor of a traveling, animated or
flashing light type. B. Each
steadily illuminated sign shall not exceed 100 square feet gross display area
as measured in § 145-59. C. Sign
illumination is permitted only between the hours of seven o'clock in the
morning and eleven o'clock in the evening, except that signs of retail
establishments may be illuminated during any hours these establishments are
open to the public. § 145-61. Private outdoor lighting fixtures. For safety reasons, any private outdoor lighting fixture, whether temporary or permanent, other than gaseous tube letters in signs, shall be so placed or hooded that the light source itself shall not be directly visible at any point beyond the lot lines of the premises illuminated. § 145-62. Exempt signs. [Added 12-3-1987 STM by Art. 23]
A. The
following signs are exempted from the provisions of §§ 145-55 through
145-61: (1) Any
sign which is required by law, rule, regulation or permit of the federal or
state government or any agency thereof or any public authority created
thereby. (2) Any
sign placed on any Town premises under the provisions of any Town bylaw or the
State Building Code or by direction of the Town board or committee having
jurisdiction over such premises. (3) Any
directional sign or signs indicating parking restrictions in a parking area,
provided the signs do not exceed four square feet in area. (4) Any
sign not exceeding one square foot in area marking or identifying privately
owned land (examples: "No Hunting," "No Trespassing"). (5) Any
temporary, unlighted signs, not exceeding two square feet in a residential
district, advertising the sale or offering of pets, personal or household
articles or a vehicle, trailer or boat belonging to the owner or occupant of
the premises, or signs pertaining to campaigns for local, state or federal
office, which shall be removed promptly following the sale or disposal of the
pets or the articles or after the election has taken place. This exemption
permits no more than two such signs per premises. (6) Any
temporary, unlighted signs, not exceeding 10 square feet in area in a commercial
district or on the premises of an existing commercial nonconforming use,
advertising a special promotion or special service, which shall be removed
promptly at the end of the special promotion or special service. This exemption
permits no more than two such signs per premises. (7) Holiday
decorations and lights when in season. (8) Any
temporary, unlighted signs or banners, including banners overhanging a public
way, of not more than 100 square feet in area advertising a special event by a
nonprofit local organization or the Town government, which shall be removed
promptly at the end of the special event.
[Amended 4-25-1989 ATM by Art. 60]
B. All
those who place exempted signs must be able to show that the proposed use will
be in harmony with the general purpose and intent of this bylaw and no signs
exempt by Subsection A(5), (6) and (8) shall be in place for more than two
weeks in a three-month period. ARTICLE XI, Appeals, Special
Permits and Variances [Amended
5-7-1986 STM by Arts. 7, 8, 9 and 15; 1-17-1989 STM by Arts. 22, 23, 24 and 25] § 145-63. Zoning Board of Appeals.
A. Establishment.
There shall be a Zoning Board of Appeals consisting of five members and three
associate members appointed by the Board of Selectmen as provided in Massachusetts
General Laws, Chapter 40A, Section 12 and the Town Charter. The Board shall
adopt rules not inconsistent with the provisions of this bylaw for the conduct
of its business, shall file said rules with the Town Clerk, and shall make said
rules available to the public. Within this bylaw, the designations Zoning Board
of Appeals and Board of Appeals shall be used interchangeably. [Amended 5-2-2000 ATM by Art. 15] B. Powers.
The Zoning Board of Appeals shall have the following powers: (1) To
hear and decide appeals in accordance with § 145-64. (2) To
hear and decide applications for special permits upon which the Board of
Appeals is empowered to act. (3) To
hear and decide petitions for variances as set forth in § 145-66. § 145-64. Appeals. A. An
appeal to the Zoning Board of Appeals may be taken by the following
parties: (1) Any
person aggrieved by reason of his inability to obtain a permit or enforcement
action from any administrative officer under the provisions of this bylaw or Chapter
40A. (2) Any
person, including an officer or board of the Town of Townsend or of any
abutting city or town, aggrieved by an order or decision of the Building
Inspector or other administrative officer, in violation of any provisions of
this bylaw or Chapter 40A. (3) The
Montachusett Regional Planning Commission.
B. Such
appeal shall be initiated within 30 days from the date of the order or decision
which is being appealed, by filing a notice of appeal, specifying the grounds
thereof, with the Town Clerk. C. The
procedures outlined in § 145-66F, G, H and I shall be followed for action
on appeals, all subject to the requirements of Chapter 40A. D. Any
person or board aggrieved by a decision of the Zoning Board of Appeals or any
special permit granting authority, whether or not previously a party to the
proceeding, may appeal to the Superior Court or other court, under the
provisions of MGL c. 40A, § 17. § 145-65. Special permits.
A. Applicability.
Whenever a special permit is required by other sections of the Townsend Zoning
Bylaws, the Building Inspector shall issue a building permit and/or use permit
only after the application has been approved by the special permit granting
authority (SPGA) and the state, county or municipality, which approval is a
prerequisite to the applicant's carrying out the proposed use of the premises.
Each SPGA may require fees, to be paid by the applicant, to cover the cost of
advertising, notification by mail, and the reasonable cost to the Town of
processing a request. Said fees shall be published in the rules and regulations
of each SPGA which shall be filed with the Town Clerk. [Amended 5-7-2002 STM by Art. 18] B. Special
permit granting authority (SPGA). The SPGA shall be the Zoning Board of Appeals
unless specifically designated in any section of this bylaw to another
authorized board or authority as allowed under MGL c. 40A, § 1. C. Application.
The SPGA's special permit application form together with the number of plans
required in the rules and regulations of the appropriate SPGA shall be filed by
the petitioner with the Town Clerk, who will certify the date and time of
filing. (But in no case less than six sets of plans.) The Town Clerk will file
one set of plans and will then forward the application form together with the
remaining copies of plans to the appropriate SPGA. The effective date of filing
is the date the application is filed with the Town Clerk. [Amended 4-25-1995 STM by Art. 11; 9-24-1996
STM by Art. 38] D. Action.
Special permits shall only be issued after a public hearing which must be held
within 65 days after the effective date of filing of a special permit
application in conformance with the requirements of Chapter 40A. SPGA's shall
act within 90 days following a public hearing for which notice has been given.
The issuing of special permits shall require a two-thirds vote of boards with
more than five members, a unanimous vote of a three-member board and four
concurring votes for a five-member board.
E. Referral. (1) Before
taking any action on an application for a special permit under this Zoning
Bylaw, the SPGA shall refer the special permit application to the Planning
Board, Board of Health, Conservation Commission, and Board of Selectmen for
written comments and recommendations. In addition to the above-noted boards, a
special permit granting authority (SPGA) may refer a special permit application
to any other Town agency/board/department/officer for comments and
recommendations if it so desires before taking final action on said special
permit application. The decision of the SPGA to refer the matter to another
Town agency/board/department/officer may be made without a public hearing. [Amended 4-27-1991 STM by Art. 12] (2) Any
such board or agency to which applications are referred for comment shall make
its recommendations and send copies thereof to the SPGA and the applicant
within 35 days of receipt of the referral request by said board or agency or
there shall be deemed no opposition or desire to comment. The SPGA shall not
act upon said special permit until either comments from referred boards or
agencies have been received or said 35 days have elapsed, whichever is sooner.
Applications referred to more than one board or agency may be reviewed jointly
by said boards or agencies. F. Decision. [Amended 4-27-1991 STM by Art. 13] (1) In
addition to any specific requirements elsewhere in this bylaw, or where no
specific restrictions are made applicable to a use allowed by special permit,
the SPGA may grant a special permit, but only upon its written determination
that the proposed use will not have adverse effects which overbalance its
beneficial effects on either the neighborhood or the Town, in view of the
particular characteristics of the site. The SPGA may require the applicant to
pay the costs of hiring independent experts chosen by the SPGA to review any
information required by the board. The determination shall indicate that the
proposed use will be in harmony with the general purpose and intent of this
bylaw and shall include, but not be limited to, consideration of each of the
following: (a) Adequacy
of the site in terms of size for the proposed uses; (b) Suitability
of the site for the proposed use; (c) Impact
on traffic flow and safety; (d) Impact
on neighborhood visual character, including views and vistas; (e) Adequacy
of method of sewage disposal, source of water and drainage; and (f) Adequacy
of utilities and other public services. (g) Impact
on ground and surface water quality and other environmental and natural
resource considerations. (2) Said
special permit may impose conditions, safeguards and limitations on time and
use. § 145-66. Variances. A. The
Board of Appeals shall have the power after public hearing notice has been given
by publication and posting, and by mailing to all parties in interest, in
conformance with the requirements of Chapter 40A, to grant upon appeal or upon
petition with respect to particular land or structures, a variance from the
terms of the applicable zoning but only in cases where the Board specifically
finds both the following: (1) Owing
to circumstances relating to the soil conditions, shape or topography of such
land or structures and especially affecting such land or structures but not
affecting generally the zoning district in which it is located, a literal
enforcement of the provisions of the bylaw would involve substantial hardship,
financial or otherwise, to the petitioner or appellant. (2) Desirable
relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or purpose of
this bylaw. B. No
variance may authorize a use or activity not otherwise permitted in the
district in which the land or structure is located, provided, however, that
such variance properly granted prior to the date of adoption of this bylaw, but
limited in time, may be extended on the same terms and conditions that were in
effect for such upon said effective date.
C. The
Board of Appeals may impose conditions, safeguards and limitations both of time
and use, including the continued existence of any particular structures but
excluding any condition, safeguard or limitation based upon the continued
ownership of the land or structures to which the variance pertains by the
applicant, petitioner or any owner. D. If
the rights authorized by a variance are not exercised within one year of the
date of grant of such variance, they shall lapse and may be re-established only
after notice and a new hearing pursuant to this section. E. Petition
for a variance shall be made to the Town Clerk. Said application shall state
the purpose of the variance applied for and the facts that the applicant
believes warrants such a variance of Subsection A(1) and (2) above. The Board
of Appeals may require fees, to be paid by the applicant, to cover the cost of
advertising, notification by mail and the reasonable cost to the Town in
processing a request. Said fee shall be published in the rules and regulations
of the Board of Appeals. F. The
Board of Appeals shall hold a hearing on any appeal, application or petition
transmitted to it by the Town Clerk within 65 days from the transmittal to the
Board of such appeal, application or petition. Notices shall be sent and published
as required by MGL c. 40A, § 15. G. The
concurring vote of four members of the Board of Appeals, consisting of five
members, shall be necessary to reverse any order or decision of any Town
official, or to effect any variance in the application of any bylaw. H. The
decision of the Board of Appeals shall be made within 100 days after the date
of the filing of an appeal. [Amended
4-27-1991 ATM by Art. 14] I. No
variance or any extension, modification or renewal thereof shall take effect
until a copy of the decision bearing the certification of the Town Clerk that
20 days have elapsed and no appeal has been filed (or that if such appeal has
been filed, that it has been dismissed or denied) is recorded in the Registry
of Deeds for Middlesex County and indexed in the grantor index under the name
of the owner of record or is recorded and noted on the owner's certificate of
title. The fee for recording or registering shall be paid by the owner or
applicant. ARTICLE XII, Zoning Amendments § 145-67. Submission in writing. Any person desiring a zoning amendment shall propose it in writing to the Selectmen for insertion in the warrant of a Town Meeting, regular or special. § 145-68. Geographic change. If geographic change of a zoning boundary description be proposed, word of boundary description change for insertion in the warrant shall be accompanied by a brief written statement of the nature, extent and location in the Town of the Zoning Map change proposed, together with three black-line prints of a diagram to scale showing the area to be changed, stating pertinent dimensions in feet. § 145-69. Hearing. On each zoning amendment proposal accepted by the Selectmen for insertion in a Town Meeting warrant, or on any such proposal inserted in a Town Meeting warrant by petition as provided by statute, the Planning Board shall hold a public hearing, of which notice shall be given by the Planning Board under the statutory zoning notice provisions of Chapter 40A. § 145-70. Costs. The costs of publication and of mailing of notices of hearing and the costs of holding such zoning hearing and of making a public record of the proceedings at such hearings, if such a record be made, shall be paid by the Planning Board, but the Planning Board may determine whether a fee to cover such costs shall be required of the zoning amendment proponents. ARTICLE XIII, Enforcement and
Penalties [Amended
5-7-1986 STM by Art. 10]
§ 145-71. Enforcement official. The Building Inspector, in accordance with MGL c. 40A, § 7 (as amended by Sts. 1975, Chapter 808, Section 3) shall enforce the Zoning Bylaw and shall withhold a permit for the construction, alteration, or moving of any building or structure if the building or structure as constructed, altered, moved, or occupied would be in violation of any provision of this Zoning Bylaw or any applicable provision of the Subdivision Control Law of the Commonwealth of Massachusetts or the Rules and Regulations for the Subdivision of Land of the Town of Townsend,[xiv]EN
or any applicable provisions of the Commonwealth of Massachusetts State Building Code, and of any other applicable laws, bylaws, or regulations, all as most recently amended from time to time. § 145-72. Permits required. No structure shall be erected, altered, or moved, nor shall any land or structure be occupied in Townsend without a written permit issued by the Building Inspector. Building permits and occupancy permits shall be applied for in writing on the form prescribed by the Building Inspector. The Building Inspector shall not issue any such building permit or occupancy permit unless the plans for the structure and intended use thereof, including use of the land on which the structure is located, in all respects comply with the provisions of all laws, bylaws, and regulations set forth in Article XIV, except as the same may have been changed by special permit or variance granted by appropriate authority. § 145-73. Issuance of permits. The Building Inspector shall not issue any permit for occupancy or construction until all applicable laws, bylaws and regulations have been complied with. § 145-74. Application for permit. A form prescribed by the Building Inspector shall be submitted to the Building Inspector with every application for a building permit or occupancy permit. The form shall be prepared in each case in duplicate. Upon submission of the form with the building permit or occupancy permit application, one form shall be filed in the Building Inspector's office and one shall be forwarded by the Building Inspector to the Town Hall for reference by Town boards. § 145-75. Notice of violation. The Townsend Zoning Bylaws shall be enforced by the Building Inspector or his duly appointed representative. The Building Inspector, upon being informed in writing of a possible violation of this bylaw or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. The Building Inspector, upon evidence of any violation and after investigation thereof, shall give notice to the owner and the occupant, if different, of such premises. The Building Inspector shall demand in such notice that such violation be abated within a reasonable time, such time to be designated in said notice by the Building Inspector. Such notice and demand shall be given by mail, addressed to the owner at the address appearing for him on a most recent real estate assessment record of the Town of Townsend and to the occupant at the address of the premises of such apparent violation. If the Building Inspector charged with enforcement of zoning ordinances or bylaws against any person allegedly in violation of the same and such Building Inspector declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within 14 days of receipt of such request. § 145-76. Legal abatement action. If, after such notice and demand, such violation has not been abated within the time therein specified, the Building Inspector shall immediately refer the matter to Town Counsel for appropriate action. § 145-77. Violations and penalties. Any violation of any provision of this bylaw or of any regulation by the Town's Health Officer pursuant to this bylaw shall be punishable by a fine of not more than $300. Each violation and each day a violation continues shall constitute a separate offense, punishable by a fine as aforesaid. ARTICLE XIV, Applicability
[Amended 5-7-1986 STM by Art. 11] § 145-78. Effective date of amendments. The effective date of an amendment to the Townsend Zoning Bylaws, subject to its approval by the Attorney General as required by Chapter 40A, is the date on which such amendment was voted by Town Meeting. § 145-79. Continuance of former bylaw. The provisions of this bylaw, so far as they are the same as those of existing bylaws, shall be construed as continuations thereof and not as new enactments. A reference in a bylaw, which has not been repealed, to provisions of bylaws which are revised and reenacted therein, shall be construed as applying to such provisions as revised and reenacted. § 145-80. Severability. The provisions of these bylaws are severable from each other and the invalidity of any provision or section shall not invalidate any other provisions or section thereof. ARTICLE XV, Rate of Development
and Subdivision Phasing [Added
10-21-2003 STM by Art. 41] § 145-81. Purpose. The purpose of this article, "Rate of Development and Subdivision Phasing," is to assure that growth shall be phased so as not to unduly strain the Town's ability to provide public facilities and services, so that it will not disturb the social fabric of the community, so that it will be in keeping with the community's desired rate of growth; and so that the Town can study the impact of growth and plan accordingly. The reason for developing such a bylaw is to ensure the Town of Townsend has the time to provide the necessary municipal infrastructure and service needs in order to provide the Town the ability to protect and promote public health, safety and welfare while avoiding year-by-year variation in the rate of development, and allow the Town the ability to pay under the financial limitations of Proposition 2-1/2. The following conditions are made to encourage residential growth, which address the housing needs of the residents of Townsend. § 145-82. Applicability. The rate of development shall apply to the issuance of all building permits for the construction of new dwelling units. This article shall be effective for four years from January 1, 2004, and may be extended by vote at Town Meeting without lapse of its provisions. Prior to December 31, 2008, the land use boards shall report to Town Meeting the effectiveness of the rate of development limitations and the need, if any, to continue and/or amend said limitation. § 145-83. General. Building permits shall not be issued authorizing construction of more than 28 dwelling units in any twelve-month period, with the first such period beginning January 1, 2004, unless one or more of the conditions set forth below applies: A. The
creation of dwelling units under any program or statute intended to assist the
construction of low- or moderate-income housing, as defined in the applicable
statute or regulation, including Town bylaws.
B. The
creation of dwelling units for persons of 55 years and older through a properly
executed and recorded deed restriction running with the land. § 145-84. Limitation. No entity or person shall be issued more than three building permits for new dwelling units in any one twelve-month period. A. Not
more than 50% or 14 permits are allotted for Approval Not Required (ANR)
lots. B. No
more than 50% or 14 permits are allotted for dwelling units in
subdivisions. C. There
shall be no more than a total of three building permits issued in any one
subdivision for new dwelling units.
Land Space Requirement Table Land Space
Requirements Table
NOTES: (1) Not less
than the minimum frontage distance shall be maintained as the minimum lot width
throughout the front yard depth. (2) On lots
abutting streets on more than one side, the front yard requirements shall apply
to each of the abutting streets. (3) These heights
restrictions shall not apply to chimneys, water towers, skylights and other
necessary features appurtenant to buildings which are usually carried above
roofs and are not used for human occupancy nor to wireless or broadcasting
towers and other like unenclosed structures. (4) See Article
IX regarding motels and apartments. (5) Except no
requirement when the side of a building abuts another building. (6) Height
restrictions may not be waived for office buildings and department stores. (7) Floodplain
restrictions are set forth in § 145-45. (8) Residential
A District: Required side yard width: Fifteen feet for
primary and detached accessory building. Five feet for detached accessory building if located
100 feet or more from exterior line of any street. Required rear yard depth: Fifteen feet
for primary building. Five feet for detached accessory building. (9) Residential
B District: Required side yard width: same as Footnote 8 above. Required rear yard depth: same as Footnote 8 above. (10) All
commercial districts (OCD; DCD; NCD): Required side yard width: Fifteen feet for commercial building unless having a
party wall on side lot line. Fifteen feet for dwelling. Five feet for detached accessory building. Required rear yard depth: Fifteen feet for dwelling. Ten feet for commercial building. Five feet for accessory building. Minimum lot area for dwelling in commercial district: Three acres in Aquifer Protection Overlay District (§
145-40). Two acres in all other commercial districts.
Zoning Maps [xv]NOTE
Note - Zoning District Maps 1 through 12 coming soon NOTE: The maps listed above are available at the Town Clerk's Office or the Land Use Office. Or, Please follow this link to view the Zoning Map of the whole Town
[i] Editor's Note: The definition of "garage, private," which immediately followed this definition, was deleted 3-16-1987 STM by Art. 7. The definition of "garage, public," was deleted 5-18-1987 STM by Art. 12.
[ii] Editor's Note: The Land Space Requirements Table is included at the end of this chapter.
[iii] Editor's Note: The definition of "mobile home parks," which immediately followed this definition, was deleted 3-16-1987 STM by Art. 13.
[iv] Editor's Note: Original Sec. 6.2, which immediately followed this section, was deleted 3-16-1987 STM by Art. 21.
[v] Editor's Note: The Land Space Requirements Table, which immediately followed this subsection, is now included at the end of this chapter.
[vi] Editor's Note: Original Secs. 9.3.4 and 9.3.5, which immediately followed this subsection, were deleted 4-27-1991 STM by Arts. 8 and 9, respectively.
[vii] Editor's Note: Former Sec. 9.3.7, which immediately followed this subsection, was deleted 12-4-1990 STM by Art. 13.
[viii] Editor's Note: See Ch. 175, Planning Board, Art. II, Subdivision Control.
[ix] Editor's Note: See Ch. 175, Planning Board.
[x] Editor's Note: See Ch. 175, Planning Board, Art. II, Subdivision Control.
[xi] Editor's Note: See Ch. 175, Planning Board, Art. II, Subdivision Control.
[xii] Editor's Note: The Land Space Requirements Table is included at the end of this chapter.
[xiii] Editor's Note: The Land Space Requirements Table is included at the end of this chapter.
[xiv] Editor's Note: See Ch. 175, Planning Board, Art. II, Subdivision Control.
[xv]NOTE: Zoning Maps are available in the town offices. |
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