6.1.1.
General. Construction trailers, construction offices
or other similar temporary structures may be erected, placed or converted
on any lot in the Town provided that such structures shall be used
exclusively in connection with the construction of a dwelling, building,
structure or other improvement.
6.1.2.
Limitation. The use of such structures shall be
limited to the duration of such construction and the structures shall
be removed from the lot within thirty (30) days of the completion
of construction.
6.2.1.
Special Permit Required. A house trailer or mobile
home may be used for temporary residence in any district during the
building of a permanent home when authorized by a special permit by
the Zoning Board of Appeals. Such approval shall be for a period of
not more than one year.
6.2.2.
Storage. The storage of an unoccupied house trailer
or mobile home may be permitted by the Selectmen. The application
for such permit shall be in writing and shall indicate the location
of the trailer during such storage. Mobile camping units, however,
shall not be required to obtain a permit here under.
6.3.1.
General. No person shall keep more than one (1)
unregistered vehicle on or about a lot owned or under the control
of that person.
6.3.3.
Special Permit. The Board of Appeals may grant
a special permit to exempt other types of unregistered vehicles if
it shall find that the use involved will not be a substantial detriment
to the established or future character of the neighborhood and Town.
The Board of Appeals may impose appropriate conditions or safeguards
in connection with any special permit granted hereunder.
The following described roads are scenic roads pursuant to MGL
Chapter 40 Section 15C and subject to the regulations appearing therein.
Starting at the intersection of Plymouth Street with the southerly
line of Massachusetts Highway 44; thence northerly on and along Plymouth
Street or its intersection with Summer Street; thence northerly on
and along Summer Street to its intersection with Murdock Street. The
parts of Plymouth Street and Summer Street set forth above shall include
all of the land within official road layouts which established the
parts of said streets as public ways. It should be noted that there
are other Scenic Roads pursuant to MGL Chapter 40 Section 15C that
are on file with the Town Clerk.
6.5.1.
Purpose. The purpose of the Commercial Development
District is to encourage commercial, warehouse and other uses that
provide employment opportunities and offer needed goods and services,
while not creating undue congestion, overburdening Town infrastructure,
causing environmental harm or creating nuisance or hazard to neighboring
residential uses.
[Amended 4-25-2022 ATM by Art. 19, AG 11-4-2022, eff. 4-25-2022]
6.5.2.
Special Permit Required. The Planning Board shall
be the Special Permit Granting Authority (SPGA).
6.5.3.
Accessory Uses; Size Limits.
[Amended 4-25-2022 ATM by Art. 19, AG 11-4-2022, eff. 4-25-2022]
1.
Light manufacturing and assembly, including food processing/packaging,
is allowed as an accessory use to the principal use of which such
light manufacturing and assembly accessory use does not exceed fifteen
(15%) percent of the total floor area of the principal use, with a
maximum accessory use area not to exceed fifteen thousand (15,000)
square feet.
2.
Wholesale sales outlets are allowed as an accessory use to the
principal use of which such wholesale sales outlet use does not exceed
fifteen (15%) percent of the total floor area of the principal use,
with a maximum accessory use area not to exceed fifteen thousand (15,000)
square feet.
6.5.4.
Lighting. Light standards shall not exceed thirty
five (35') feet in height. Interior and exterior lights, including
lighted signs, must not be directed toward public streets in such
a way as to create glare, distraction or confusion with traffic signals
or signs. All artificial lighting shall be arranged and shielded so
as to prevent direct glare from the light source onto any public way
or any other property. Lighting shall be designed and constructed
so as to be downward facing and reduce ambient reflection to the maximum
extent practicable.
6.5.5.
Impervious Areas. Impervious areas shall include
areas covered by buildings, paving, walks, canopies or other non-permeable
improvements. Open space shall include permeable areas covered by
natural or cultivated living plant material.
6.5.6.
Development Standards.
1.
Multiple buildings are allowed on each lot and more than one
use may be allowed in each building, provided all uses are permitted
within the district.
2.
All water, sewer, gas, electric and other utility services on
a lot shall be underground.
3.
Waste materials shall be stored in closed containers. Waste
containers, compactors or other material which cannot be safely stored
within a building shall be screened on all sides by an opaque fence
or wall six (6') feet high. Uses with on-site litter disposal, such
as fast food restaurants, shall be fenced as necessary to prevent
litter blowing from property.
4.
Maximum height of fences or walls shall be six (6') feet unless
approved by the SPGA.
5.
All outside storage, including storage and display of building
materials, plant materials and equipment for sale, must be contained
within the buildable area of the lot and shall not project into or
be in setback or open space areas.
6.
Parking and drainage facilities, signs and required screening
and landscaping shall be continuously maintained in good condition
and appearance and shall be repaired or replaced as necessary.
6.5.7.
Grading and Drainage.
1.
Pre-development runoff from a lot shall not exceed post-development
runoff for storms up to and including the 100-year storm for both
rate and volume of runoff. Recharge shall be provided pursuant to
the MADEP Stormwater Management Standards as may be amended from time
to time.
2.
Drainage systems shall be designed for 10-year storm event.
3.
All parking areas shall be equipped with oil, grease and sediment
traps or other suitable stormwater best management practices (BMPs)
and shall include deep sump catch basins equipped with hoods to facilitate
removal of contamination and these devices shall precede any infiltration
structures or drainage outfalls. Stormwater from parking areas required
to be recharged shall be via infiltration basins or similar systems
covered with natural vegetation. Drywells/leaching structures shall
be used only where other methods are infeasible.
4.
The owner shall maintain any and all recharge areas in full
working order during construction and at all times thereafter.
6.5.8.
Construction. Streets and utilities to be constructed
pursuant to a special permit shall be designed and installed in accordance
with the Rules and Regulations Governing the Subdivision of Land of
the Planning Board in effect at the time of the filing of an application
for a special permit or revision authorization as the case may be.
All utilities shall be constructed underground.
6.5.9.
Waivers: Upon request of the Applicant, the Planning
Board may waive dimensional and other zoning bylaw requirements, including
but not limited to Commercial Development District Requirements, setbacks,
shape factor, parking requirements and standards, landscaping and
screening, lighting, signage and solar photovoltaic installations
with conditions in the interests of design flexibility upon a finding
of consistency with such variation with the overall purposes of the
Commercial Development District.
[Amended 4-25-2022 ATM by Art. 19, AG 11-4-2022, eff. 4-25-2022]
6.6.1.
Permitted Uses. All permitted uses shall be subject
to Site Plan Review as set forth in Section 6.6.3 and the Sign Standards
as set forth in Section 5.7.2.
6.6.2.
Special Permit Required. The Zoning Board of Appeals
shall be the Special Permit Granting Authority (SPGA). In addition,
the SPGA shall also determine that the proposed use shall comply with
all of the provisions of Site Plan review and the Sign Standards.
There shall not be a separate Site Plan Review procedure when a Special
Permit is required, but the SPGA shall determine that the proposed
use complies with all of the requirements and provisions of Site Plan
Review as part of the Special Permit proceeding.
6.6.3.
Site Plan Review: Purpose. The Business District
Site Plan Review Process and the issuance of Site Plan Approval endorsement
is intended to protect the aesthetic and historic appearance of the
Business District, promote economic development, protect property
values and reduce traffic safety hazards and assure the proper design
and construction of drainage facilities, parking areas, lighting,
loading, waste removal, points of vehicle access and egress, pedestrian
access, landscaping and screening. No building permit shall be issued
in any case where site plan review is required and no area for parking,
loading or vehicular service (including driveways giving access thereto)
shall be established or substantially changed except in conformity
with a site plan bearing an endorsement of approval of the Site Plan
Approval Authority (SPAA). The Zoning Board of Appeals shall be the
SPAA. The Zoning Board of Appeals may adopt rules relative to the
issuance of a Site Plan Approval endorsement.
6.6.4.
Site Plan Review: Applicability. Uses which require
the issuance of a Site Plan Approval endorsement are:
1.
Construction of a new building;
2.
Addition of upper floors to an existing building;
3.
Expansion or exterior renovation of an existing building requiring
a building permit, by an area greater than 20% of any exterior wall,
other than the street side wall or greater than 10% of the area of
the street side wall of the building.
6.6.5.
Site Plan Review: Submission Requirements. Applications
for site plan approval shall be filed with the Town Clerk. Site Plans
shall include drainage calculations, existing and projected traffic
volumes from the site and effect on local roads (where deemed necessary
by the SPAA) and other information deemed by the SPAA to be necessary
to determine compliance with the provisions of this Bylaw. Submission
shall also include four (4) separate plans prepared at a scale of
one (1) inch equals twenty (20) feet or such other scale as may be
approved by the SPAA. All plans shall include a Site Plan Approval
endorsement block. The four plans are as follows:
1.
Site Layout Plan - showing boundaries of the lot, proposed structure,
setbacks from property lines, driveways, parking areas, fences, walls,
pedestrian walkways, lighting and loading facilities. The Site Layout
Plan shall show the relation to existing areas, buildings and roads
for a distance of one hundred (100) feet from the project boundaries
or such other distances as may be approved or required by the SPAA.
2.
Topography, Drainage and Utility Plan - showing the existing
and proposed topography at one (1') foot contour intervals with spot
grades provided where necessary, proposed drainage system including
onsite structures and offsite discharge point, roof leaders, etc.,
facilities for refuse disposal or storage of wastes and the location
of water and sewer mains, service connections and hydrants.
3.
Architectural Plan - to include the ground floor plan, dimensions
including height, materials and architectural elevations of all sides
of the proposed building with full color rendering. Rooftop units
and structures shall be shown to scale.
4.
Landscape Plan - showing the limits of work, existing tree line
and trees with a diameter greater than four (4") inches and all proposed
landscape features and improvements including planting areas with
spacing, size and type of stock for each shrub or tree and surface
treatment for all planting beds.
6.6.6.
Design Objectives. The following objectives, in
addition to any standards prescribed elsewhere in this Bylaw, shall
be utilized by the SPAA in considering all site plans. These objectives
are intended to provide specific guidelines for the applicant in the
development of site plans:
1.
Landscape - The landscaping shall be designed
to enhance the aesthetic relationship between the building and the
surrounding parking area, neighborhood and streetscape. Existing mature
trees and vegetation shall be integrated into the landscape plan where
possible. A variety of plant materials shall be used to create visual
depth in plant massing by layering plants of various sizes. Trees
and vegetation near buildings shall be used to reduce the perceived
scale of the building and to set them into the landscape. Street trees
shall be used where possible along the streetscape. Where commercial
property abuts residential property screening shall be provided.
2.
Circulation - Site plans shall provide clearly
marked, safe and attractive circulation patterns for both vehicles
and pedestrians. Parking areas shall be designed to prevent the necessity
of any vehicles from backing into a public way. Special attention
shall be given to location, width and number of access points to public
streets. Curb cuts should be located on secondary streets where possible.
Curb cuts should be twenty four (24') feet wide for two way traffic
or sixteen (16') feet for one way traffic. Adequate sight distance
shall be provided where driveways intersect streets that provide access
and egress.
3.
Surface Water Drainage - The removal of surface
water shall not adversely affect adjoining properties, streets or
storm drainage systems; nor, obstruct circulation of vehicles and
pedestrians. For parking areas and roof leaders serving new buildings
or expansions to existing parking areas or buildings, the performance
of surface drainage shall be based on standards for a 10 year storm
event as set forth in the Subdivision Rules and Regulations.
4.
Building Location - Proposed buildings and
structures shall be integrated with existing building locations, setbacks
from the street, landscaping and terrain.
5.
Building Design - The design of proposed buildings,
structures and additions shall be harmonious with and reflective of
the 19th and the early 20th century buildings in a typical New England
Downtown of that period. The building or structure design shall complement
the general setback, roof line and pitch, architectural style, arrangement
of openings, color, exterior materials, proportion and scale of existing
buildings in the vicinity. All rooftop equipment and structures shall
be screened from all directions by faux facades built to the height
of the rooftop equipment or structure.
6.
Special Features - Exposed machinery, utility
structures and loading, storage and disposal facilities shall be screened
from adjoining properties and streets whenever feasible.
7.
Parking - Any parking areas shall be located
to the rear of buildings. Parking may be allowed on the side of buildings
with SPAA approval. Any parking areas and walkways shall be adequately
lighted and have appropriate signage. Any parking areas shall be designed
as attractive landscapes with shade trees provided where possible.
8.
Safety - All buildings shall be designed to
facilitate building evacuation and maximize accessibility by fire,
police and other emergency personnel and equipment.
9.
Lighting - No areas shall be floodlit. Drives
and parking areas shall not be illuminated by lighting fixtures higher
than twenty (20) feet. Sidewalks shall not be illuminated by lighting
fixtures higher than fifteen (15) feet. All lighting fixtures shall
be downward facing except when specifically approved by the SPAA as
accent lighting of landscaping or architectural features. Lights shall
be shielded to have a total cutoff of all lights at less than ninety
(90) degrees and building or wall packs shall have a total cutoff
of forty-five (45) degrees. The total cutoff of all light shall occur
within the property lines of the parcel to be developed.
10.
Signs - Signs shall be in compliance with Section
5.7.2.
6.6.7.
Procedures.
1.
Applications for Site Plan Approval shall be filed with the
Town Clerk.
2.
Copies of submissions for Site Plan Approval shall be submitted
by the applicant to the Historical Commission, Planning Board and
Building Inspector at the time of application to the SPAA. Said board
or agencies shall make such recommendations as they deem appropriate.
Copies of such recommendations shall be sent to the SPAA and to the
applicant, provided however, that failure of any such boards or agency
to make recommendations within twenty one (21) days of receipt by
such boards or agency of the petition shall be deemed lack of opposition
thereto.
3.
The SPAA shall take final action on the request for Site Plan
Approval within thirty (30) days of the Town Clerk's receipt of the
application or such further time as may be agreed upon at the written
request of the owner. Copies of the endorsed site plan shall be filed
with the Town Clerk and the Building Inspector.
4.
The SPAA may, upon written request of the owner, waive any of
the submission requirements for Site Plan review within this section
where the development involves relatively simple plans or constitutes
a minor site plan. A minor site plan is defined as exterior building
renovations only that do not involve a change or expansion of use.
Submission requirements for a minor site plan will be limited to relevant
architectural plans.
5.
An as-built plan, certified by a registered Professional Land
Surveyor or Engineer shall be submitted to the SPAA and Building Inspector
before the issuance of a permanent occupancy permit, the as-built
plan indicating landscaping, buildings, drainage flow, number of parking
stalls and limits of parking areas and drives where applicable.
6.
No deviation from an approved site plan shall be permitted without
modification thereof by the SPAA including any subsequent division
of the land.
7.
Where a Special Permit is required for the proposed work, Site
Plan Approval shall be consolidated with the Special Permit procedures
and the SPGA shall determine that the Special Permit use complies
with all of the requirements and provisions of Site Plan Review as
part of the Special Permit proceeding.
6.6.8.
Compliance. No building permit shall be issued
by the Building Inspector for any development subject to this section
and no construction or site preparation shall be started, until the
SPAA has endorsed its approval on the site plan and a copy of the
approved site plan has been submitted to the Building Inspector.
6.6.9.
Lapse. Site plan approval shall lapse after one
year from the grant thereof if a substantial use thereof has not sooner
commenced except for good cause. Such approval may, for good cause,
be extended in writing by the SPAA upon the written request of the
applicant.
6.6.10.
Appeal. Any decision of the Board pursuant to this
Section shall be appealed in accordance with MGL Chapter 40A Section
17 to a court of competent jurisdiction.
6.7.1.
Purpose. The purpose of this Adult Entertainment
Section is to address and mitigate the secondary effects of the adult
entertainment establishments and sexually oriented businesses that
are referenced and defined herein. Secondary effects have been shown
to include increased crime, adverse impacts on public health, adverse
impacts on the business climate of the Town, adverse impacts on the
property values of residential and commercial properties and adverse
impacts on the quality of life in the Town. All of said secondary
impacts are adverse to the health, safety and general welfare of the
inhabitants of the Town.
1.
The provisions of this Section have neither the purpose nor
intent of imposing a limitation on the content of any communicative
matter or materials, including sexually oriented matter or materials.
Similarly, it is not the purpose or intent of this Section to restrict
or deny access by adults to adult entertainment establishments or
to sexually oriented matter or materials that are protected by the
Constitution of the United States of America or of the Commonwealth
of Massachusetts, nor to restrict or deny rights that distributors
or exhibitors of such matter or materials may have to sell, rent,
distribute or exhibit such matter or materials. Neither is it the
purpose or intent of this Section to legalize the sale, rental, distribution
or exhibition of obscene or other illegal matter or materials.
6.7.2.
Special Permit Required. The Zoning Board of Appeals
shall act as the Special Permit Granting Authority (SPGA) and may
grant a special permit for any of the following uses (hereinafter
"Adult Uses"):
6.7.3.
Location. Adult Uses are allowed by special permit
in the GUA District only. Within the GUA District, such Adult Uses
may not be located within one thousand (1,000') feet of each other
and five hundred (500') feet of the nearest lot lines of:
1.
Any Zoning District which allows residential use.
2.
Any establishment licensed under the provision of Section 12 of Chapter 138 of the Massachusetts General Laws.
3.
Adult Uses and all advertising signs for same, shall not be
located within one hundred fifty (150') feet of a public or private
way and shall be set back a minimum of one hundred fifty (150') feet
from all property lines.
6.7.4.
Application. The application for a special permit
must include the following information:
1.
Names and address of the legal owner of the Adult Use.
2.
Name and address of all persons having a fee, equity and/or
security interest in such Adult Use, in the event a corporation, partnership,
trust or other entity is listed, the name and address of every person
who has an ownership interest and/or beneficial interest in the entity
must be listed in order that the SPGA will know who are the persons
who actually own and control the store or theater.
3.
Name and address of the manager.
4.
The number of employees or proposed number of employees, as
the case may be.
5.
Proposed security precautions.
6.
The physical layout of the premises.
6.7.5.
Limitations. Special permits for Adult Uses shall
not be granted to any person convicted of violating the provisions
of MGL Chapter 119 Section 63 nor MGL Chapter 272 Section 28. Any
persons listed in Section 6.7.4.2 are subject to this prohibition.
6.7.6.
Lapse. A Special Permit granted herein shall lapse
if substantial use thereof or construction there under has not begun,
except for good cause, within twelve (12) months following the filing
of the special permit approval with the Town Clerk (plus such time
required to pursue or await the determination of an appeal referred
to in MGL Chapter 40A Section 17 from the grant thereof).
