[Amended ATM 5-2-1994 by Art. 22; ATM 5-2-1994 by Art. 23]
The dimensional requirements shall be as specified
in the Schedule of Dimensional Requirements.[1]
[1]
Editor's Note: The Schedule of Dimensional
Requirements is located at the end of this chapter.
[Added STM 10-30-1995 by Art. 2]
A.
A lot shall be deemed to have the required frontage under § 185-17, Schedule of Dimensional Requirements, if:
(1)
It is large enough in any part thereof to contain a perfect square in accordance with § 185-17, Schedule of Dimensional Requirements; and
(2)
It has at least the required minimum distance of frontage
for the district in which it is located on a way which is:
(a)
A public way or a way which the Town Clerk has
certified is maintained and used as a public way; or
(b)
A way shown on a plan approved and endorsed
in accordance with the Subdivision Control Law, MGL, c. 41, §§ 81K
through 81GG, and either has been constructed on the ground or construction
of which has been adequately secured; or
(c)
A way in existence on the date when the Subdivision
Control Law, MGL, c. 41, §§ 81K through 81GG, became
effective in Dover and having, in the opinion of the Planning Board,
sufficient width, suitable grades and adequate construction to provide
for the needs of vehicular traffic in relation to the proposed use
of the land abutting thereon or served thereby and for the installation
of municipal services to serve such land and the building or buildings
to be erected thereon; and
(3)
Physical access to the lot shall be through the frontage or, if the Planning Board approves, through an alternative point of access from a way described in § 185-19A(2). Shared driveways or curbcuts shall not be permitted.
[Amended ATM 5-7-2002 by Art. 24]
B.
Notwithstanding any provision of this chapter to the
contrary, a lot shall be deemed to have the required street frontage
under this chapter if it is:
(1)
A lot shown on a plan endorsed by the Planning Board before May 1, 1987, or a lot for which a separate deed has been recorded before said date, which has at least 40 feet of frontage on a way described under Subsection A(2) above and is otherwise in compliance with this chapter; or
(2)
A lot shown on a plan endorsed by the Planning Board
before October 30, 1995, or a lot for which a separate deed has been
recorded before such date, which has at least 100 feet of frontage
on a public way and is otherwise in compliance with this chapter.
[Amended ATM 5-2-1994 by Art. 24]
No lot on which a dwelling is now situated or hereafter placed shall be divided or reduced in area if such lot is smaller in area or is thereby rendered smaller in area than required under § 185-17, and no such lot shall be divided or reduced in area, so as to reduce any setback from a street, side line or rear line or reduce any street frontage if, after such reduction, such dimensions will be less than those required under § 185-17, except, in either case, by a taking by eminent domain or a conveyance for public purpose. For purposes of this section "street frontage" shall mean and refer exclusively to the minimum street frontage requirements contained in the Schedule of Dimensional Requirements under § 185-17, and shall not include frontage exception dimensions authorized under § 185-19.
In all districts except for multifamily dwellings
in a R-M District, no building needs to be set back from the street
line more than the average of the setbacks of existing buildings on
the lots next adjoining thereto on either side, a vacant lot being
counted as though occupied by a building set back the distance required
in the district in which it is located.
In a case of a lot abutting on more than 1 street,
the regulations as to setbacks from the nearest side line of the street
shall be applicable with respect to each street. Such a lot must have
the entire minimum frontage on 1 street but need not have it on more
than 1 street, and there shall be deemed to be only 1 back line.
There shall be a yard or setback between any
building or structure in any district and a watercourse, stream, swamp
or floodway, of a width to leave the area subject to flooding free
of obstruction.
Buildings for an accessory use permissible in a residence district under Article II of this chapter may be built, altered, enlarged, reconstructed or moved upon any lot in a residence district, provided that every such building for an accessory use shall conform to the same minimum setback from the nearest side line of the street required for a dwelling house and shall be set back from the side lines and back line of the lot at least one-half the distance required for a dwelling house.
[Amended ATM 5-1-1989 by Art. 34]
No part of a building or structure shall project
beyond the required setback limits.
Within the area formed by the side lines of
intersecting streets and a line joining points on such lines 15 feet
distant from their point of intersection or, in case of a rounded
corner, from the point of intersection of their tangents, no structure
shall be erected or foliage maintained between a height of 3 1/2
feet and a height of 8 feet above the plane through their curb grades.
No yard or other open space required for a building
by this chapter shall, during the life of such building, be occupied
by or counted as open space for another building.
[Amended ATM 5-4-1992 by Art. 19; ATM 5-2-1994 by Art. 25]
A.
Purpose. The purpose of this section shall be to:
(1)
Prevent the possible degradation of groundwater through
the pollution of surface water in the Town;
(2)
Protect public health and safety by maintaining floodplains
and flood storage areas; and
(3)
Preserve patterns of natural drainage into rivers
and streams and preserve the open and natural appearance of the Town's
rivers and streams.
B.
Setback. No building or similar structure, driveway,
street or other paved surface or sewage disposal facilities shall
be located within 150 feet of the edge of the Charles River or within
50 feet of either edge of Trout Brook, Powissett Brook, Noanet Brook,
Clay Brook or Fisher Brook, as such brooks are shown on the Zoning
Map, as amended and on file in the office of the Town Clerk.[1]
[1]
Editor's Note: The Zoning Map is included
in a pocket at the end of the Code.
C.
Preexisting uses. This provision shall not prohibit the repair, reconstruction or restoration of any such structure or facility in existence at the time of adoption of this section, notwithstanding the provisions of § 185-12.
D.
Construction or alteration with the setback area. The Board of Appeals may grant a Special Permit authorizing the construction or alteration of a structure, driveway, street, pavement or other impervious surface or sewage disposal facility within the setback defined in Subsection B in order that an applicant may make such use of his land as is not otherwise prohibited by this chapter, if it is determined that such construction or alteration: will not alter the natural pattern of drainage into a river or stream and will not alter the rate, volume or physical, chemical or biological characteristics of runoff within the relevant setback defined in Subsection B. In reaching its decision, the Board of Appeals may consult with the Planning Board and the Conservation Commission. Such construction, alteration or installation shall be in accordance with the orders of conditions of the Conservation Commission.
E.
Stream crossings.
(1)
The Board of Appeals may grant an applicant a Special
Permit to cross Trout Brook, Powisset Brook, Noanet Brook, Clay Brook
or Fisher Brook if it determines that such crossing:
(2)
In reaching its decision, the Board of Appeals may
consult with the Planning Board and the Conservation Commission. Such
construction, alteration or installation shall be in accordance with
the Orders of Conditions of the Conservation Commission.
The minimum area and width requirements of this
article shall not apply to any lot not in compliance therewith which
was shown as a separate lot on a deed or plan duly recorded in the
Registry of Deeds for Norfolk County prior to October 1, 1959, provided
that such deed or plan had been approved by the Planning Board where
such an approval was required by law at the time of such recording;
and that such lots shown in such deed or plan had the minimum area
and width required for a house lot under the provisions of the Zoning
Bylaw, if any, in effect at the time of such recording.
If any of the minimum area, width or setback
requirements shall finally be determined in any court of competent
jurisdiction to be invalid with respect to any lot or area of land,
that lot or area to the extent of such invalidity, shall thereafter
be subject to the minimum area, width and setback requirements of
the next less restrictive district.
[Added ATM 5-10-1982 by Art. 21]
A.
Design. No building permit shall be issued for a windmill
until plans, drawings and description of methods and materials of
construction of the supporting structure have been approved by a registered
professional engineer in the Commonwealth of Massachusetts. With no
windmill shall the highest point of the structure exceed 75 feet above
grade, measured at the center of the structure, nor shall the lowest
point of trajectory of a rotating blade be less than 10 feet above
grade immediately below the trajectory.
B.
Nuisance. No windmill shall be the cause of excessive
noise or any interference to radio or television reception nor otherwise
derogate substantially from the public good.
C.
Abandonment. A windmill shall be considered abandoned
if not operated for 2 years for the purpose of producing power or
in demonstrable efforts of research, development or repair. Once designated
abandoned, the structure must be dismantled at once by the property
owner or his or her agent
[Amended ATM 5-3-1993 by Art. 24]
Where a zoning boundary divides a lot in existence
at the time such boundary was first established, the entire lot shall
be subject to the dimensional requirements of the more restrictive
district unless the minimum lot area, frontage and perfect square
requirements for the less restrictive district can be met entirely
within the less restrictive zoned portion of the lot, in which case
the less restrictive zoning may be applied to said portion of the
lot.
