Town of Williamstown, MA
Berkshire County
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Table of Contents
Table of Contents

§ 70-5.1 Procedures.

A. 
Applicability.
(1) 
No building permit for development shall be granted in any district unless the following requirements are met. Applicants may be required to provide evidence of compliance, whether by example of similar facilities or by engineering analysis. Issuance of a permit on the basis of that evidence shall certify the Town's acceptance of the conformity of the basic structure and equipment, but future equipment changes and operating procedures must be such as to also comply with these requirements.
(2) 
Applicants are urged to confer with the Planning Administrator regarding special permits likely to be required for major developments or by this article, and the materials necessary for submittal for those special permits and development plan review. Following such conference, the applicant will receive a project scoping letter outlining the scope and format of materials appropriate to prepare and submit in applying.
[Amended 5-19-2015 ATM, Art. 38]
B. 
Special permits.
(1) 
Special permit granting authority. The special permit granting authority (SPGA) for special permits required under Article V shall be the Board of Appeals, except that if another agency is designated under other provisions of this chapter as SPGA for the use being applied for, that agency shall act as SPGA under this article.
(2) 
Submittals. Applicants shall submit such material, including technical analyses, as is reasonably necessary for the SPGA to make the determinations required below. That may include, as germane, traffic impact analysis, water supply analysis, stormwater control analysis, acoustic analysis, a lighting plan, visual analysis, documentation of air or water quality modeling, identification of any toxic or hazardous materials involved and substances to be emitted, a description of precautions, handling practices, monitoring and recovery systems proposed and, if appropriate, a hazard prevention and contingency response plan.
[Amended 5-17-2011 ATM, Art. 34]

§ 70-5.2 Service adequacy requirements.

A. 
Access.
(1) 
Building permits shall be issued only for development served by a street providing "adequate access" as required at § 170-2.3 of Chapter 170, Subdivision Rules and Regulations. Developments requiring development plan review under § 70-8.2 of this chapter shall be approved only if either the premises can be reached without reliance on unpaved roads or reliance on such roads has been authorized on special permit under § 70-5.1B upon determination that such reliance poses no substantial hazard.
(2) 
Applications for major developments (see definition, § 70-9.2) shall include a traffic impact study, and such developments shall be authorized only upon determination by the SPGA that, based upon facilities as existing or committed to be improved by the Town or the applicant, the following will be met:
(a) 
Sight distance. Sight distance at the point of egress shall meet AASHTO standards, based on observed (not posted) travel speeds.
(b) 
Volume/capacity ratio. On no lane of any street or intersection shall the volume/capacity ratio be increased by more than 0.1 above baseline as a result of projected traffic, with "baseline" being the ratio resulting from the traffic forecast in five years, given development of the premises for single-family residences as allowed under this chapter with no density bonuses.
B. 
Water supply.
(1) 
Each development must be served either by an adequate public water supply or by a private source approved by the Board of Health or Department of Environmental Protection (DEP).
(2) 
Any major development (see definition, § 70-9.2) shall be authorized only upon determination by the SPGA that, based upon facilities as existing or committed to be improved by the Town or the applicant, servicing this development will result in no substantial limitation upon the public water system's ability to adequately provide water service to other developed sites in the Town, and that if relying upon private water supply, adequate provisions have been made for fire protection and reliable supply likely to meet DEP's Drinking Water Regulations of Massachusetts.
C. 
Sewage disposal.
(1) 
Each development must be served either by public sewerage or by a private disposal system approved by the Board of Health or DEP.
(2) 
Any major development (see definition, § 70-9.2) shall be authorized only upon determination by the SPGA that, based upon facilities as existing or committed to be improved by the Town, other public agency or the applicant, servicing this development will result in no substantial limitation upon the Town's ability to adequately provide sewage collection service to other developed sites in the Town. Where public sewerage is involved, the SPGA shall consult with the Hoosic Water Quality District and the Williamstown Department of Public Works in considering that determination.

§ 70-5.3 Environmental protection requirements.

A. 
Water quality.
(1) 
On-site sewage disposal systems.
(a) 
On-site sewage disposal systems must be so designed and located that no off-site water body or source of potable water would have its water quality degraded below state or federal drinking water standards as a result of development on that site.
(b) 
Any unsewered major development proposing effluent discharge within 300 feet of an existing well or spring, or for other major developments where the SPGA determines such analysis to be necessary to determine compliance, a hydrological analysis shall be submitted to the SPGA, demonstrating either that discharges from the on-site disposal system clearly could have no impact upon off-site water supplies or that contaminants introduced into groundwater, when diluted by the water also discharged from the development plus rainwater recharged within the premises, result in contaminant concentrations meeting all state and federal standards for drinking water at all points beyond the boundaries of the premises.
(2) 
Drainage facilities. Drainage facilities shall employ sediment basins, oil and gas traps and other facilities as necessary to assure maintenance of the quality of surface and ground waters.
B. 
Stormwater Management.
[Amended 5-17-2011 ATM, Art. 34]
(1) 
Purpose. This section establishes stormwater management standards for construction and post-development conditions that result from development and redevelopment projects to minimize adverse impacts off site and downstream which would be borne by abutters, and the general public.
(2) 
Applicability. This section applies to the following development or activities whether or not a building permit is required:
(a) 
The placement of more than 50 cubic yards of fill; or
(b) 
The removal of more than 10,000 square feet of vegetative cover, including but not limited to clearing, grubbing, excavation, stockpiling material, grading, and related activities.
(3) 
Exceptions. This section does not apply to:
(a) 
Construction or maintenance work to ways, utilities, or structures owned by the Town of Williamstown.
(b) 
Activities which require review by the Conservation Commission under the Wetlands Protection Act 310 CMR 10.00.
(c) 
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act 310 CMR 10.00.
(d) 
Maintenance of existing landscaping, lawns, driveways, and garden areas of single- or two-family dwellings.
(e) 
The construction of fencing that will not substantially alter existing terrain or drainage patterns.
(f) 
Construction of utilities, other than drainage, which will not alter drainage patterns.
(g) 
Logging or forestry activities undertaken under an approved forest management plan.
(4) 
Procedure.
(a) 
No development shall be undertaken without review and approval of a stormwater management plan.
(b) 
For development that requires development plan review, the plans shall be part of the development plan and the procedure for development plan review (§ 70-8.2C and D) shall be followed.
(c) 
For plans not subject to development plan review three copies of the stormwater management plan shall be submitted to the Town Clerk, who shall transmit them to the Planning Administrator.
(5) 
Plans not subject to development plan review. The Planning Administrator shall review the plans, for compliance with the standards of this section. If it complies, and a building permit is required, it will be forwarded to the Building Commissioner as part of the building permit submittal package. If no building permit is required, the Planning Administrator shall file the plans for future reference for any required progress inspections.
[Amended 5-19-2015 ATM, Art. 38]
(a) 
If the Planning Administrator finds the plan to be incomplete, or otherwise noncompliant with the requirements of this section, he shall notify the applicant of his decision and reasons why he deems the plans noncompliant.
(b) 
A list of noncompliant items or missing information shall be provided to the applicant for corrections to the plan. Once the corrections have been made, the plan shall be approved, and work may be commenced.
(c) 
Review and decision shall be no later than 21 days from the receipt of the complete plans.
(d) 
The Planning Administrator may waive or modify the information required based upon the size or complexity of the proposed development or redevelopment.
(e) 
Applicants are urged to confer with the Planning Administrator to determine the scope of required submittals.
(6) 
Stormwater management plan.
(a) 
The stormwater management plan shall contain sufficient information for the reviewer(s) (Planning Board or Planning Administrator) to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing the adverse impacts from stormwater.
(b) 
Stormwater design shall be evaluated using the DEP Massachusetts Storm Water Management Policy using the applicable Best Practices (BMP) Guidelines, set forth in the latest editions of the Massachusetts Stormwater Handbook, Volumes 1-3 ("Guidelines"), and its companion handbook, Erosion and Sediment Control for Urban and Suburban Areas, Massachusetts Department of Environmental Protection ("Handbook"). Designs that comply with the Guidelines and Handbook or do so to the maximum extent practicable shall be presumed to comply with this bylaw.
(c) 
Redevelopment of previously developed sites shall meet the applicable Guidelines and Handbook standards, principally Standards 4, 5, 6, 8 and 9, to the maximum extent practicable. However, if it is not practicable to meet all standards, new (retrofitted or expanded) stormwater management systems shall, at a minimum, be designed to improve existing conditions.
(7) 
Stormwater management system design.
(a) 
To the maximum extent practicable, stormwater management systems shall be designed to minimize down-gradient impacts from changes in runoff both during and after construction.
(b) 
Plan contents.
[1] 
The submittal package shall contain a construction period management plan, sedimentation, and pollution prevention and a post-development management plan, and operation and maintenance plans.
(c) 
Design parameters.
[1] 
The post-development peak discharge rate is equal or less than the pre-development rate from the two-year and ten-year twenty-four-hour storms. If increased off-site flooding will result from peak discharges from the one-hundred-year twenty-four-hour storm, BMPs must be provided to attenuate these discharges.
[2] 
The annual recharge from the post-development site shall approximate the annual recharge from pre-development conditions based upon soil type. Post-development infiltration volume of precipitation into the ground shall be at least as much as infiltration pre-development.
[3] 
At sites with Class D soil or bedrock above grade, infiltration recharge systems are permitted.
[4] 
The system shall remove 80% of the average annual post-construction load of total suspended solids (TSS).
[5] 
The developer is strongly encouraged to utilize low-impact development (LID) and nonstructural best management practices (BMPs) whenever possible, to reduce costs and to minimize disturbance to the site. LID practices include:
(i) 
Whenever practicable, natural vegetation shall be retained, protected and supplemented. The land-disturbing activity should be fitted to the topography and soils so as to create less erosion potential.
(ii) 
Keeping the disturbed area to a minimum.
(iii) 
Minimizing sedimentation by reducing the volume of runoff and the contact of stormwater.
(iv) 
Reducing curb and gutter drainage systems that concentrate volume and velocity of runoff and volume of sedimentation.
(v) 
Using mulching or temporary revegetation to minimize erosion and sedimentation.
(vi) 
Slopes left exposed shall immediately be planted or otherwise be provided with permanent ground cover.
(d) 
Plan changes.
[1] 
The applicant shall notify the Planning Administrator in writing of any change or alteration in the approved stormwater management plan before any change or alteration is made. The Planning Administrator shall determine whether the change or alteration is significant. If deemed significant, an amended plan shall be filed and approved as provided in § 70-8.2D.
[2] 
The owner(s) of the storm management system shall notify the Planning Administrator of changes in ownership or assignment of financial responsibility.
[3] 
The maintenance schedule may be amended by mutual agreement of the Planning Administrator or Planning Board, as applicable, and the responsible parties. Amendments shall be in writing and signed by all responsible parties.
(8) 
Inspections. The Planning Administrator shall inspect the project at the following stages:
(a) 
Existing conditions: prior to the approval of plan(s).
(b) 
Erosion control: inspection to ensure erosion control practices are in accord with the approved plan.
(c) 
Backfill: prior to backfilling of any underground drainage or stormwater conveyance structures.
(d) 
Final: After the system has been constructed, the applicant shall submit a record plan detailing the actual system as installed. The Planning Administrator shall inspect the system to confirm its as-built feature, and evaluate the effectiveness of the system in an actual storm.
(e) 
If the system is found to be compliant with the approved plans, the Planning Administrator shall issue a certificate of completion.
C. 
Erosion control.
(1) 
Stabilizing. Any area of bare earth exposed through nonagricultural building development must be permanently stabilized through replanting, paving or other means of eliminating wind or water erosion. Such stabilization must be completed prior to building occupancy, or a performance bond must be posted in an amount sufficient to assure completion of such work.
(2) 
Erosion control plan. An erosion control plan shall be submitted for every development which will expose more than 60,000 square feet of bare earth during development through either removal or filling on the same parcel or on contiguous parcels in the same ownership, and for developments exposing 20,000 to 60,000 square feet of bare earth where the Planning Board deems such plan to be necessitated by slopes in excess of 10%, highly erodible soils or other unusual conditions. Such plan shall have sufficient information on existing and proposed topography, vegetation and control measures to allow determination of compliance.
(3) 
Requirements. All construction must comply with the following:
(a) 
Stripping of vegetation, regrading or other development shall be done in a way which will minimize soil erosion.
(b) 
Whenever practical, natural vegetation shall be retained, protected and supplemented.
(c) 
The disturbed area shall be kept to a minimum.
(d) 
Where necessary, temporary vegetation and/or mulching shall be used to protect areas exposed during development.
(e) 
Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained where necessary to remove from runoff waters any sediment from land undergoing development.
(f) 
The angle of graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or alternative proposed erosion control devices or structures. In any event, slopes left exposed must immediately be planted or otherwise provided with permanent ground cover or other means sufficient to retain erosion.
(g) 
A ground cover sufficient to retain erosion must be planted or otherwise provided within 30 working days, season permitting, on any portion of the tract upon which further active construction is not being undertaken.
(h) 
The development plan or land-disturbing activity shall be fitted to the topography and soils so as to create the least erosion potential.
(4) 
Impervious coverage.
(a) 
Except in the Village Business District, which is exempt from this limitation, impervious coverage shall not exceed the following percentages of site area, where "impervious coverage" is the area covered by building roof area plus paved areas, "site area" is the smallest single rectangle enclosing the area within which ground vegetation is removed for excavation, grading, drives, lawns or gardens and average slope is measured prior to site preparation.
Average Site Area Slope
Maximum Impervious Coverage
8% or less
80%
10%
70%
12%
60%
14%
50%
16%
40%
18%
30%
20%
20%
22%
10%
24% or more
0%
(b) 
Interpolated values shall be used for intermediate slopes.
(c) 
Higher coverage may be authorized on special permit, which shall consider specific site soils and geology, erosion control measures, proposed drainage patterns, type of use and experience on comparable sites.
(5) 
Erosion control report. The Building Commissioner, Planning Board (in doing development plan review under § 70-8.2), or the SPGA in acting on a special permit may require a report on the erosion control proposals by the Soil Conservation Service or others expert in soil mechanics in cases where doubt as to adequacy of proposed measures exists. Selection of techniques and determination of adequacy of measures shall, unless otherwise specified, be consistent with Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts, USDA Soil Conservation Service, 1975.
[Amended 5-19-2015 ATM, Art. 38]
D. 
Air quality. Any use whose emissions are such as to cause it to be classified as a major new stationary source of air pollution, as defined by the Environmental Protection Agency (EPA) under the Clean Air Act, and any use required to apply to DEP under 310 CMR 7.00 or to EPA under Section 112 of the Clean Air Act for permission to emit asbestos, benzene, beryllium, mercury, vinyl chloride or radionuclides shall be permitted only if granted a special permit under § 70-5.1B, upon determination by the SPGA that compliance with the requirements of those agencies is assured and that health and safety are adequately protected.
E. 
Odors. No nonagricultural use shall cause the emission of odors detectable more than 200 feet beyond the boundary of the premises for receptors within a Limited Industrial District or more than 100 feet beyond the boundary of the premises for receptors elsewhere.
F. 
Plants and animals. Location and design shall not cause avoidable damage to wildlife habitats or corridors, or to any plant species listed as endangered, threatened or of special concern by the Massachusetts Natural Heritage Program, or to any tree exceeding 24 inches trunk diameter 4 1/2 feet above grade. Major developments must submit documentation to the SPGA of having consulted with the Conservation Commission and the Massachusetts Natural Heritage Program regarding these considerations, and that the proposed site either contains no such habitats or materials or that all feasible efforts to avoid, minimize or compensate for damage have been reflected in the proposal.
G. 
Hazardous materials.[1] Use of premises involving one or more of the following shall be permitted only if granted a special permit under § 70-5.1B. Such special permits shall be granted if the SPGA finds that the proposed use will not cause harm or adverse disturbance to the environment or to other premises, will not jeopardize health or safety either on or off premises, and that either any control or safety systems being relied upon are fail-safe or redundant, or it has been demonstrated that there would be no adverse health or safety consequences beyond the boundaries of the premises in the event of system failure, in light of on-site decay, dilution or dispersion.
(1) 
Hazardous materials manufacture. Manufacturing as the principal use of the premises, if the products manufactured are either:
(a) 
When wastes, regulated as hazardous under MGL. c. 21C or
(b) 
Substances listed on the Massachusetts Substance List contained in 105 CMR 670.000, Appendix A.
(2) 
Keeping of flammables. Keeping of flammable fluids, solids or gasses in quantities exceeding four times that requiring licensing under 527 CMR 14.00, except for storage of fuel[2] for consumption on the premises or by vehicles operated incidental to the principal use of the premises.
[2]
Editor's Note: See also Ch. 92, Fuel Storage Tanks.
(3) 
Uses requiring licensing. Any use for which licensing is required under 310 CMR 30.800 to transport, use, treat, store or dispose of hazardous waste (but not those excluded under 310 CMR 30.801).
[1]
Editor's Note: See also Ch. 29, Hazardous Materials.

§ 70-5.4 Other design requirements.

A. 
Site design. Site designs determined by the Planning Board in performing development plan review under § 70-8.2 to not comply with one or more of the following guidelines shall be allowed only on special permit under § 70-5.1B upon determination by the SPGA that, for the given location, use and size of development, no design better serving the purposes of this chapter is reasonably feasible.
(1) 
Visibility reduced. Visibility of parking should be reduced through location of not more than one-third of all parking within a required front yard.
(2) 
Vegetation. At least 50% of the required front yard area should be vegetated.
(3) 
Building orientations. In General Residence Districts and nonresidential districts, building orientations should be given coherence through having the major facades of the building either parallel or perpendicular to the street, if within 100 feet of it.
(4) 
Existing grade. Existing grade should be changed minimally, typically departing from existing grade by no more than six feet, and resulting in a balance on site between cut and fill, except for basement and cellar excavations.
(5) 
Site circulation. Site circulation should have clarity from the driver's perspective, aided by simple patterns and use of planting islands or other devices in larger circulation areas.
(6) 
Pedestrian access. Pedestrian access should be provided among all facilities on the site, between them and the street and between them and adjacent premises developed for uses open to the public.
(7) 
Visibility minimized. In Rural Residence Districts, buildings should be located to take advantage of topography and existing vegetation to minimize visibility from the viewing street, in particular avoiding siting so that building mass would extend above tree crowns as seen from the viewing street.
B. 
Landscaping requirements.
(1) 
Applicability. When any new building, addition or change of use requires a parking increase of 10 or more spaces, plantings shall be provided as specified below. The required plantings in such cases shall include, as relevant, street, sideline, parking area and district boundary planting areas or screening. In performing development plan review, the Planning Board may authorize alternatives to the following specifications, taking into consideration existing vegetation, topography, soils and other site conditions, provided that equivalent screening, shading and articulation are achieved.
(2) 
Plants.
(a) 
Type of materials. Required plants shall include both trees and shrubs, and may include ones existing on the site. To be credited towards meeting these requirements, trees must be at least 2 1/2 inches in trunk diameter 4 1/2 feet above grade, be of a species common in the area and be ones which reach an ultimate height of at least 30 feet. To be credited towards meeting these requirements, shrubs must be at least 24 inches in height at the time of building occupancy, reach an ultimate height of at least 36 inches and be of a species common in the area.
(b) 
Number of plants. The minimum number of trees in each planting area equals planting area length (in feet) divided by 30, and the minimum number of shrubs in each planting area equals planting area length (in feet) divided by three. Plants preferably shall be grouped, not evenly spaced, and shall be located or trimmed to avoid blocking egress visibility. The planting areas shall be unpaved except for access drives and walks essentially perpendicular to the area.
(3) 
Planting areas.
(a) 
Street planting area. Street planting is required for premises abutting any state-numbered highway. Required street planting shall be provided within 15 feet of the street property line along the entire street frontage except at drives.
(b) 
Side-line planting area. Side line planting is required for premises abutting any state-numbered highway. Required side line planting shall be provided within five feet of the side lot line between the front lot line and the building setback (as built, not as required).
(c) 
Parking area interior plantings. Parking lots containing 30 or more spaces must be provided with plantings as follows: A minimum of 2% of the interior area of the parking lot shall be unpaved planting area. A minimum of one tree and four shrubs exclusive of perimeter plantings must be planted for every 1,500 square feet of parking lot paved area. Planting areas must each contain not less than 30 square feet of unpaved soil area. Trees and soil plots shall be so located as to provide visual relief and wind interruption within the parking area and to assure safe patterns of internal circulation.
(d) 
District boundary planting area. District boundary planting is required on any premises being developed for a use not allowed in a residential district which the premises abut or extend into, unless in performing development plan review the Planning Board determines that abutting property is unbuildable or is visually separated by topographic features or by isolation from the portion of the lot being developed. Required planting shall be located within 10 feet of the boundary.
(e) 
Trail buffers. A buffer of land not less than 50 feet wide shall be established between the trails that are designated in the Williamstown Open Space Plan and adjacent buildings or parking areas on both sides of these trails. Within the buffer the clear-cutting of trees or the removal of the majority of understory vegetation is prohibited.
(f) 
Screening. Parking areas for five or more cars must be screened from the street and from abutting premises unless residential use of those premises is precluded by zoning, current use or other restriction. "Screening" means materials providing at least 90% opacity to six feet in height in all seasons. If such screening is not provided by the plantings otherwise required, such plantings shall be supplemented with additional plantings or fencing approved by the Planning Board in performing development plan review.
(4) 
Existing vegetation. The above requirements shall be met by retention of existing plants where healthy plants meeting these requirements exist at feasible locations. If located within 25 feet of a street, no existing tree of 6 inches in trunk diameter or greater (measured 4 1/2 feet above grade), 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.
(5) 
Exceptions. Where plant materials as required would harmfully obstruct a scenic view, substitution of additional low-level plantings which will visually define the street edge or property line may be authorized, provided that proposed buildings are also designed and located to preserve that scenic view.
(6) 
Maintenance. All plant materials required by this chapter shall be maintained in a healthful condition. Dead limbs shall be promptly removed, and dead plants shall be replaced at the earliest appropriate season.
C. 
Agricultural protection. Development location and design shall be configured to minimize displacement of agricultural activity, nonagricultural use of locations having Class I or Class II agricultural soils (as mapped by the SCS), or impairment of agricultural activity because of the proximity between such activities and uses sensitive to the impacts of those activities.
D. 
Lighting.
(1) 
Fixtures. Lighting fixture types are defined as follows:
(a) 
Type 1: no light cutoff.
(b) 
Type 2: luminaire shielded such that peak candlepower is at an angle of 75° or less from vertical, and essentially no light is emitted above the horizontal.
(c) 
Type 3: luminaire shielded such that total cutoff is at less than 90° from vertical, and no light source is in direct view of an observer five feet above the ground at any point off the premises.
(2) 
Lighting limitations. The following limitations shall be observed by all uses, unless granted a special permit under § 70-5.1B upon determination by the SPGA that it is inherently infeasible for that use (e.g. public outdoor recreation) to meet these standards, and that all reasonable efforts have been made to avoid glare or light overspill onto residential premises.
Lighting Limitations
District
Nonresidential
Residential
Maximum luminaire mounting height (feet)
Fixture Type 1
20
10
Fixture Type 2
30
15
Fixture Type 3
40
20
Maximum off-site overspill (foot-candles)
Fixture Type 1
0.3
0.2
Fixture Type 2
1.0
0.3
Fixture Type 3
3.0
0.5
(3) 
Glare restrictions. No flickering or flashing lights shall be permitted. Processes, such as arc welding, which create light flashes shall be confined within buildings or shielded to prevent either direct glare or flashing reflected from the sky.
(4) 
Exterior lighting plan. An exterior lighting plan is required for applications requiring development plan review under § 70-8.2, to include indication of location, mounting height and orientation of luminaries, and sufficient technical information on the fixtures to determine their type and resulting illumination levels.
E. 
Noise.[1]
(1) 
Noise receptor zones. The following noise receptor zones are hereby created:
(a) 
Noise Zone A: Nonresidential districts.
(b) 
Noise Zone B: Locations in any residential district, but within 200 feet of a nonresidential district, or within 200 feet of a state-numbered highway.
(c) 
Noise Zone C: All other locations.
(2) 
Noise standards.
(a) 
The following noise standards, unless otherwise specifically indicated, shall apply to noise as heard at any location off the originating premises and within a designated noise zone. No development shall be allowed which would result in the following standards being exceeded by more than 20 db(A) at any time, or by more than 10 db(A) for more than 10 minutes in an hour, or at all for more than 30 minutes in an hour, measured at any point off site, except for warning devices, agricultural activity, temporary construction or maintenance work, public events or other special circumstances. If the generated noise has a single dominant frequency above 4,800 cps, the below standards shall be reduced by 5 db(A).
(b) 
Departure from these standards may be authorized on special permit under § 70-5.1B upon determination by the SPGA that peculiarities of the location or activity assure that there will be no adverse disturbance to use and enjoyment of nearby premises.
Allowable Exterior Noise Level
Noise Zone
7:00 a.m. to 9:00 p.m.
9:00 p.m. to 7:00 a.m.
A
65 db(A)
60 db(A)
B
55 db(A)
50 db(A)
C
50 db(A)
45 db(A)
[1]
Editor's Note: See also Ch. 40, Noise.
F. 
Vibration. Except for blasting and other activities within the jurisdiction of the Board of Fire Prevention Regulations, no use shall be allowed which produces vibration at or beyond the boundaries of the premises exceeding two-thirds the frequency/amplitude limitations established by the Board of Fire Prevention Regulations at 527 CMR 13.11(18) for three minutes or more in any hour between 7:00 a.m. and 9:00 p.m. or for 30 seconds or more in any one hour between 9:00 p.m. and 7:00 a.m.
G. 
Electrical disturbances. No electrical disturbance shall be permitted which adversely affects the operation of any equipment other than that of the creator of such disturbance.
H. 
Historic and archaeological sites.
(1) 
Location and design shall not cause avoidable damage or impairment to the historic or archaeological value of buildings or sites recorded on the Massachusetts Register of Historic Places.
(2) 
Any major development (see definition, § 70-9.2) shall submit documentation that either the site neither contains nor impacts such buildings or sites, or that any potential damage or impairment has been effectively mitigated.
I. 
Solid waste. Each development must document arrangements for satisfactory disposal of tree stumps and debris resulting from construction and must make permanent arrangement for satisfactory on-site storage of refuse pending its removal, such storage to be screened from view from public ways, secure from vermin or other animals and located to present minimal hazard in the event of fire and minimal threat to water quality in the event of container failure.