A. 
A Residence-Agricultural District is intended as a district of single-family homes and for continuance of agricultural and accessory buildings customarily incidental for residential and agricultural uses upon one lot.
[Amended 5-12-1982 ATM, Art. 32]
B. 
Permitted uses. The following shall be permitted uses in the R-A Residence-Agricultural District:
(1) 
One single-family detached dwelling which shall have adequate access (which need not be used for a driveway) from the frontage to the dwelling site. Every driveway shall be located entirely within the lot that it serves and shall not serve another lot except as provided in Subsection B(11)(l) of this section.
[Amended 5-20-1980 ATM, Art. 37; 5-12-1981 ATM, Art. 32; 5-13-2014 ATM, Art. 24]
(2) 
Gardens; growing and storing fruits, berries, vegetables, hay, fodder and ensilage; orchards, wood lots and forestry; and greenhouse, nursery and similar activities in the field of agriculture.
[Amended 5-12-1982 ATM, Art. 33]
(3) 
Raising and keeping of farm animals and poultry for use of residents on the property and primarily not for profit, with barns, stables, chicken houses and similar buildings; on parcels of five acres or more, commercial greenhouses, the raising or keeping of horses, cattle, pigs, rabbits, fur-bearing animals or poultry for profit or other than for the use of the occupants of the residence.
[Amended 5-11-2004 ATM, Art. 28]
(4) 
Rooming or boarding house with not over four lodgers.
(5) 
Church, parish house, religious or denominational school, not conducted for profit, and other religious uses exempted from prohibition by law.
(6) 
Public schools, museums, libraries and parks, playgrounds, conservation areas, water supply areas or land owned and operated for the public enjoyment or service by a public or semipublic agency, and other educational uses exempted from prohibition by law.
(7) 
Private golf courses, community clubs (not including miniature golf).
(8) 
Customary home or professional occupation conducted in a dwelling or building accessory thereto by a person residing on the premises, provided that:
(a) 
Such use is clearly incidental and secondary to the use of the premises for residential purposes.
(b) 
Not more than two persons other than residents of the premises are regularly employed thereon in connection with such use.
(c) 
No offensive noise, vibration, smoke, dust, fumes, odors, heat, glare or unsightliness or unsafe condition is produced.
[Amended 5-18-1988 ATM, Art. 48]
(d) 
There is no public display of goods or wares and there are no signs except as permitted in § 196-27.
(e) 
There is no exterior storage of material or equipment (including the parking of more than two commercial vehicles) and no other exterior indication of such use or variation from the residential character of the premises.
(9) 
Accessory uses customarily incidental to any main permitted use on the same premises, and including but not limited to private garages and to activities associated with agriculture, such as barns, stables and other farm buildings.
(10) 
Signs as provided in § 196-27.
(11) 
Subject to the grant of a special permit by the Board of Appeals as provided in Article X below, the following:
(a) 
[1]Maintenance of commercial dog kennels, provided that no structure or operations are involved which are not in keeping with the residential character of the Town, all structures and operations are substantially screened from view with evergreen trees, shrubs, similar vegetation, fences or other means and no offensive noise, odors, unsightliness or unsafe condition is produced.
[Amended 5-18-1988 ATM, Art. 50]
[1]
Editor's Note: Former Subsection B(11)(a), concerning farm stands, amended 5-17-1989 ATM, Art. 41, and 5-11-1999 ATM, Art. 34, which immediately preceded this subsection, was repealed 5-13-2008 ATM, Art. 20. Article 20 also provided for the redesignation of former Subsection B(11)(b) through (m) as Subsection B(11)(a) through (l), respectively. For farm stand activities, see now § 196-13E.
(b) 
Signs and displays concerning the products and goods raised or processed on the premises and not exceeding 12 square feet in total area.
(c) 
Dump operated by the Town for the exclusive use of the inhabitants of the Town subject to Board of Health regulations.[2]
[2]
Editor's Note: See Division 2 of the Code.
(d) 
The taking of more than four lodgers.
(e) 
Private school, cemetery, hospital, clinic, sanitarium nursing home, camps of an educational or charitable institution.
(f) 
Use of land for a public utility.
(g) 
Community club or golf club conducted for profit.
(h) 
Garage space for more than three automobiles.
(i) 
Recreation and amusement enterprises, including rental of saddle horses or boats, sale of bait, ski-tow and similar activities.
(j) 
Earth excavation, as provided in Article VII.
(k) 
Certain accessory uses related to permitted scientific research or development, provided that the granting authority also finds that the proposed accessory use does not substantially derogate from the public good.
(l) 
A shared driveway that serves up to three lots and shall only be located on one or more of the lots being served. Every such shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land and satisfactory to Town Counsel. The Board of Appeals shall impose such conditions, to be made part of the special permit, as are necessary to provide adequate access, including conditions that assign responsibility for maintenance and snow removal.
[Added 5-12-1980 ATM, Art. 38; amended 5-18-1981 ATM, Art. 33; 5-11-2004 ATM, Art. 29]
C. 
Accessory apartments in residence districts.
[Added 5-14-1986 ATM, Art. 34]
(1) 
Purpose and intent. It is the specific intent of this section to allow accessory apartments, including kitchens, within single-family properties in Residence-Agricultural Districts for the purpose of meeting the special housing needs of grandparents, parents, brothers and sisters, children and their respective spouses of families of owner-occupants of properties in the Town of Boxford, subject to the granting of a special permit by the Board of Appeals as provided in Article X. To achieve this goal and to promote the other objectives of this bylaw, specific standards are set forth below for such accessory apartment uses.
[Amended 5-9-2006 ATM, Art. 34]
(2) 
Owner occupancy required. The owner(s) of the single-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises. The special permit shall be issued to the owner of the dwelling units on the property. Should there be a change in ownership or change in residence of the owner, the special permit and the certificate of occupancy for the accessory apartment shall become null and void.
(3) 
Apartment size. The gross floor area for an accessory apartment shall not exceed the lesser of:
[Amended 5-11-1999 ATM, Art. 33; 5-10-2005 ATM, Art. 26]
(a) 
One thousand square feet; or
(b) 
Twenty-five percent of gross floor area of the sum total of the two dwelling units, as determined at the time of the special permit request. "Gross floor area" shall be defined as the sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls. This includes courts, decks or porches when covered by a roof, or finished portions of basements and excludes garages.
(4) 
Code compliance. The accessory apartment must be determined to comply with current safety, health and construction requirements before occupancy and at every change in occupancy.
(5) 
Preservation of single-family characteristics. The accessory apartment shall not change the single-family characteristic of the dwelling, except for the provision of an additional access or egress.
(6) 
Existing detached structures may continue to be used for the same purposes subject to special conditions imposed by the Board of Appeals.
(7) 
There shall be no more than one accessory apartment for a total of two dwelling units permitted per lot.
(8) 
Current apartment uses, effective date this bylaw, may be continued only as long as the present occupants of the accessory apartment remain in residence.
(9) 
Under no circumstances shall the accessory apartment be detached from the main dwelling unit.
[Added 5-10-2005 ATM, Art. 26]
D. 
Accessory Affordable Housing Program.
[Added 5-8-2007 ATM, Art. 13]
(1) 
Introduction. The purpose of this bylaw is to satisfy an immediate need for affordable rental property in the Town of Boxford that meets the guidelines of the Department of Housing and Community Development's ("DHCD") Local Initiative Program for so-called "local action units," pursuant to state regulations: 760 CMR 45.03. This bylaw also provides a means of renting of accessory apartments that are no longer used for family members, as defined in § 196-13C of this Zoning Bylaw. For a proposed unit to be eligible for consideration under this Accessory Affordable Housing Program, it must be a single unit, accessory to an owner-occupied single-family dwelling, and comply with the following requirements.
(2) 
Special permit. A special permit from the Board of Appeals shall be required for an accessory affordable apartment and the applicant shall show to the satisfaction of the Board of Appeals that the applicant has complied with or will comply with the requirements set forth in Subsection D(3), below.
(3) 
Eligibility of accessory affordable apartments.
(a) 
The accessory affordable apartment must be part of the primary residence structure of the property owner, and the primary living area of the residence may not be rented. The accessory affordable apartment must conform to the Boxford Code § 196-13C, Accessory apartments in residence districts, Subsection C(2) through (7). All parking for the accessory apartment must be on site and off street.
(b) 
In keeping with the rural character of Boxford and the original intent of the accessory apartments, only single-bedroom accessory affordable apartments may be rented, and maximum occupancy shall be of two adults.
(c) 
The owner must demonstrate that all the documentation is on file with the Town to show that the accessory affordable apartment meets the requirements of § 196-13C(2) through (7).
(d) 
The owner(s) shall cooperate with all requirements for local action units pursuant to state regulation.
(e) 
A condition of granting a special permit by the Board of Appeals shall be the execution by the owner(s) of a written regulatory agreement and declaration of restrictive covenants, in form approved by Boxford Town Counsel, with the Town detailing the terms and conditions stated herein. Said regulatory agreement and declaration of restrictive covenants shall further provide that, for as long as the special permit remains in effect, the property shall be subject to the terms, conditions and restrictive covenants contained therein.
(f) 
Said regulatory agreement with the Town shall provide that, upon receipt by the owner(s) of a special permit from the Board of Appeals, the owner(s) shall execute and record in the Essex South District Registry of Deeds or file with the Registry District of the Land Court forthwith said regulatory agreement and declaration of covenants.
(g) 
The special permit issued under this § 196-13D and all associated liabilities shall be binding on all the executors, administrators, heirs, successors and assigns of the permittee unless and until the special permit is either revoked, lapses or is otherwise ruled invalid.
(h) 
The owner(s) shall agree that if the owner(s) receives a special permit, the accessory affordable apartment may be rented only to a person or persons 18 years of age or older selected from a list of eligible households that the local regulatory authority has generated, whose combined annual income is 80% or less than the Lawrence Metropolitan Statistical Area median income and whose assets do not exceed the amount set forth pursuant to DHCD's Local Initiative Program Guidelines. Accessory affordable apartments permitted under this § 196-13D shall be rented on an open and fair basis.
(i) 
The owner(s) further agree that the rent (including utilities and any services) shall not exceed 30% of 80% of area median income for a household of two, or such lesser amount as may be required by 760 CMR 45.03.
(j) 
The owner(s) shall require the tenant to sign an agreement, in form approved by Boxford Town Counsel, outlining the income restrictions for continued tenancy and limits to the number of occupants.
E. 
Farm stand activities.
[Added 5-13-2008 ATM, Art. 20[3]]
(1) 
The purpose of this bylaw is to help protect increasingly scarce farmland in the Town, to enhance the economic viability of farming activities and related farm stand operations in the Town and to promote the public's understanding, knowledge and appreciation of the importance of local farms to the Town's rural character and environment.
(2) 
The following uses are permitted, on farms having five acres or greater, pursuant to the agricultural site plan review, as described in Section E(3) below, only in conjunction with a farm stand which qualifies for protection under MGL c. 40A, § 3:
[Amended 5-13-2014 ATM, Art. 24]
(a) 
Farm festivals during the harvest season of the subject farm;
(b) 
Agritourism activities, including but not limited to:
[1] 
Hayrides;
[2] 
Petting zoos;
[3] 
Play areas;
[4] 
Retail sale of food products and crafts, farm products, garden supplies, or other agriculture-related products (whether or not such products are produced on the farm);
(c) 
Customary food service, including seating and tables;
(d) 
Other activities accessory to and customarily performed on farms.
(3) 
Agricultural site plan review for farm stand activities.
(a) 
In support of agricultural site plan review under this section, an applicant shall file with the Planning Board a plan designating:
[1] 
The areas on the subject property on which all proposed activities will take place;
[2] 
Parking facilities; and
[3] 
Anticipated pedestrian and vehicular traffic flows for all events held on the farm.
(b) 
An Assessors' Map showing the information required by Section E.3.a shall be deemed adequate for this purpose.
[Amended 5-13-2014 ATM, Art. 24]
(c) 
The Planning Board may impose reasonable conditions on the time and manner of such activities to mitigate their anticipated effect upon the neighborhood adjacent to the subject property.
(d) 
Agricultural site plan approval shall be valid for five years, unless the approved activities change in intensity, in which case the property owner or applicant shall return to the Board to amend their site plan.
(4) 
An appeal of an agricultural site plan review decision by the Board shall be pursuant to the provisions of MGL c. 40A, § 17.
[3]
Editor's Note: This subsection was adopted as Subsection D but was relettered to Subsection E 5-13-2014 ATM, Art. 24.
F. 
Small wind energy systems.
[Added 5-12-2009 ATM, Art. 17]
(1) 
The purpose of this bylaw is to allow for a streamlined and efficient permitting process to allow for small wind energy systems.
(2) 
Small wind energy systems shall be those systems no greater than 60 kilowatts of rated name plate capacity proposed to be constructed after the effective date of this section.
(3) 
Definitions.
HEIGHT
The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a nameplate on the equipment.
SMALL WIND ENERGY SYSTEM
All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, storage, electrical collection and supply equipment, transformers, service and access roads, and one or more wind turbines, which have a rated nameplate capacity of 60 kw or less.
WIND TURBINE
A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.
(4) 
General requirements.
(a) 
Special permit. No small wind energy system shall be erected, constructed, installed or modified as provided in this section without first obtaining a special permit from the Zoning Board of Appeals.
(b) 
All such wind energy systems shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. Such permits may also impose reasonable conditions, safeguards and limitations on time and use and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the small wind energy system, should they occur.
(c) 
Compliance with laws, ordinances and regulations. The construction and operation of all such proposed small wind energy systems shall comply with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and FAA aviation requirements.
(d) 
Utility notification. No small wind energy system shall be installed until evidence has been given to the Building Inspector that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(5) 
General siting, design, lighting and sign standards.
(a) 
Setbacks. Wind turbines shall be set back a distance equal to the total height of the wind turbine from all inhabited structures, overhead utility lines, public road or right of way and property boundaries. The Board may reduce the minimum setback distance if written permission is granted by the owners of the property or properties which abut the property line from which the setback would be reduced.
(b) 
Appearance, color and finish. The wind generator and tower shall remain painted or finished the nonreflective color or finish that was originally applied by the manufacturer, unless approved in the special permit.
(c) 
Lighting. Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the small wind energy system, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.
(d) 
Signage and advertising. Signs and advertising shall be restricted to reasonable identification of the manufacturer or operator of the small wind energy facility and shall defer to the requirements of the Town sign regulations.[4]
[4]
Editor's Note: See § 196-27, Signs.
(6) 
Safety, aesthetic and environmental standards.
(a) 
Unauthorized access. Wind turbines or other structures part of a small wind energy system shall be designed to prevent unauthorized access. For instance, the tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(b) 
Noise. The small wind energy system and associated equipment shall conform with the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10), unless the Department and the permit granting authority agree that those provisions shall not be applicable.
(c) 
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and is otherwise prescribed by applicable laws, regulations, and ordinances.
(7) 
Monitoring and maintenance. The applicant shall maintain the small wind energy system in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and security measures. The applicant shall provide the Town with contact information, including emergency contact notification, to be used for all correspondence and communications regarding the wind energy system and the applicant shall ensure such contact information is accurate and updated.
(8) 
Discontinuance and removal.
(a) 
Any wind energy facility not used for a period of two years or more without written permission from the special permit granting authority, or that has reached the end of its useful life, shall be considered discontinued, and shall be removed. When an applicant intends to decommission and/or remove a wind energy facility, the applicant shall notify the Zoning Enforcement Officer and Building Inspector by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind energy facility no more than 150 days after the date of discontinued operations. At the time of removal, the affected portion of the site shall be restored as near as possible to the state it was in before the facility was constructed, unless put to another legally authorized, active use. Decommissioning and removal shall consist of:
[1] 
Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.
[2] 
Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.
[3] 
Stabilization or revegetation of the site as necessary to minimize erosion. The Zoning Enforcement Officer may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(b) 
Upon request, the applicant shall provide evidence to the Zoning Enforcement Officer demonstrating continued use of the wind energy facility. Failure to provide such evidence within 30 days of a written request from the Zoning Enforcement Officer addressed to the contact address provided and maintained by the applicant as required above shall be conclusive evidence that the wind energy facility has been discontinued.
(c) 
If the applicant fails to remove the wind energy facility in accordance with the requirements of this section, the Town shall have the right, to the extent it is otherwise duly authorized by law, to enter the property and remove the facility at the expense of the facility owner and the owner(s) of the site on which the facility is located.
(9) 
Permit process, requirements and enforcement.
(a) 
The building permit application shall be accompanied by deliverables, including the following:
[1] 
A plot plan showing:
[a] 
Property lines and physical dimensions of the subject property within two times the total height from the tower location;
[b] 
Location, dimensions, and types of existing major structures on the property;
[c] 
Location of the proposed wind system tower, foundations, guy anchors and associated equipment;
[d] 
The right-of-way of any public road that is contiguous with the property;
[e] 
Any overhead utility lines.
[2] 
Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).
[3] 
Tower foundation blueprints or drawings signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts.
[4] 
Tower blueprint or drawing signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts.
(b) 
Expiration. A permit issued pursuant to this ordinance shall expire if the small wind energy system is not installed and functioning within 24 months from the date the permit is issued; or the small wind energy system is abandoned.
(10) 
Violations. It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this ordinance or with any condition contained in a building permit issued pursuant to this ordinance.
(11) 
Penalties. Any person who fails to comply with any provision of this ordinance or a building permit issued pursuant to this ordinance shall be subject to enforcement and penalties as allowed by applicable law.
(12) 
Severability. The provisions of this ordinance are severable, and the invalidity of any section, subdivision, paragraph, or other part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance.
A. 
A Retail Business District is intended for retail and local neighborhood shopping and for offices.
B. 
Permitted uses. The following shall be permitted uses in the B-1 Retail Business District:
(1) 
All uses permitted in § 196-13B(2), (3), (5), (6), (9), (11)(h), and (11)(i), subject to the same restrictions and conditions as prescribed in the R-A Residence-Agricultural District, provided that no residential use will be permitted except that for an owner, employee or operator of a business or office on the premises.
[Amended 5-13-2014 ATM, Art. 24]
(2) 
Retail store or service establishment, the principal activities of which shall be the offering within the building of goods or services at retail for use or consumption within the building or off the premises.
(3) 
Business or professional office, or bank.
(4) 
Restaurant or other place for serving food.
(5) 
Municipal, state or federal governmental buildings.
(6) 
Nonprofit civic and fraternal building.
(7) 
Parking area or garage for use of employees, customers or visitors under the condition specified in § 196-26 of Article VI for approval of site plans, etc.
(8) 
Signs or display advertising goods or services available on the lot as provided in § 196-27 of Article VI.
(9) 
Accessory buildings and uses customarily incidental to permitted uses.
(10) 
Subject to the grant of a special permit by the Board of Appeals as provided for in Article X below, the following:
(a) 
Gasoline service station, provided that repairs shall be limited to minor changes and adjustments and that gasoline pumps and equipment shall be so located that vehicles to be served are entirely upon the service station lot.
(b) 
Rail or bus station or terminal.
(c) 
Store or service establishment, the principal activities of which shall be the offering of goods and services at retail by means of drive-in, open-air or other methods which require operations as much outside the building as within.
(d) 
Craft shop, provided that no more than five persons are employed.
(e) 
Commercial amusement enterprises, such as bowling, theater, clock golf, skating and similar enterprises.
(f) 
Multiple dwellings of not less than four and not more than 16 dwelling units; building lots to contain at least two acres for each dwelling unit and not more than one multiple dwelling unit to be placed on any single lot.
(g) 
Rest or nursing homes.
A. 
A General and Highway Business District is intended for buildings and uses providing goods and services to inhabitants of Boxford and neighboring towns, and to the traveling public.
B. 
Permitted uses. The following shall be permitted uses in the B-2 General and Highway Business District:
(1) 
Any use permitted in B-1 Retail Business District under the conditions prescribed therein.
(2) 
Motel, hotel or inn.
(3) 
Repair shop for automobiles, appliances and other light equipment.
(4) 
Automobile salesroom.
(5) 
Retail establishment, the principal activities of which shall be the preparation, storage, transfer or distribution of goods (such as building material, automobile parts, etc.).
(6) 
Subject to the grant of a special permit by the Board of Appeals, as provided in Article X below, outdoor storage of fuel supplies and products under appropriate conditions for screening where such areas adjoin a Residence-Agricultural District.
A. 
A Manufacturing or Industrial District is intended as an industrial district for manufacturing.
B. 
Permitted uses. The following shall be permitted uses in the M Manufacturing or Industrial District:
(1) 
All agricultural, business and commercial uses permitted in other districts, provided that no residential use will be permitted, except that one dwelling may be maintained for a watchman or caretaker and his family employed upon the premises of an industrial concern.
(2) 
Research laboratories with incidental processing or pilot manufacture.
(3) 
Office building.
(4) 
Manufacturing enterprises, provided that, before any building permit may be granted, the Board of Appeals shall determine that such activities will not be offensive, injurious or noxious because of sewerage, refuse, noise, vibration, smoke, fumes, dust, odor, dangerous fire or explosion or other characteristics detrimental to a dominantly residential Town or which may tend to reduce property values in the same or adjoining districts, in accordance with the standards set forth in § 196-28 of Article VI below.
(5) 
Agricultural, horticultural and floricultural uses.
[Amended 5-13-2014 ATM, Art. 24]
(6) 
Religious and educational uses exempt from regulation by law.
[1]
Editor's Note: Former § 196-17, C Conservancy District, as amended, was repealed 5-13-2014 ATM, Art. 24.
A. 
An Official or Open Space District consists of those areas which have already been dedicated or used for public or semipublic uses, such as parks and recreation areas, public buildings, cemeteries, schools, churches, reservoirs and open space reservations, and which are not available for residential, commercial or other private uses. The purpose of this district is to show on the Zoning Map those areas which, because of their public or semipublic uses, are not appropriate for zoning in any other districts.
B. 
No building permit shall be issued for any new building or structure in the Official or Open Space District until plans showing proposed location, uses and external appearance shall have been submitted to the Select Board for review, comment and suggestions with the advise of the Planning Board, and the Select Board shall have made such comment and suggestions or allowed three weeks to elapse after such submission without action.
[Amended 9-12-2020 ATM by Art. 19]
A building, structure and/or land and premises may be used for the following enumerated purposes only in a Manufacturing or Industrial District and then only if a special permit is granted, after referral to the Planning Board in each case, by the Board of Appeals in accordance with the provisions of Article X below and with such conditions as the Board of Appeals may impose to safeguard the district and the Town against injury to persons or property in the district and to conform to the intent and purpose of this bylaw:
A. 
Tanneries, slaughterhouses or rendering plants.
B. 
Junkyards.
C. 
Automobile dismantling yards.
D. 
Bulk station or storage of explosives.
E. 
Steam laundries.
F. 
Public dance halls.
G. 
Airport or landing field (as defined by the Massachusetts Aeronautics Commission).
[Added 5-9-1984 ATM, Art. 24; amended 5-8-2018 ATM by Art. 18]
A. 
In an Elderly Housing District, no building or land shall be used and no building shall be erected or converted except:
(1) 
To provide housing for the elderly, such housing to be owned and operated by a for-profit or nonprofit organization. A "private nonprofit organization" shall mean a corporation, foundation or other organization no part of the net earnings of which inures to the benefit of any private shareholder or individual and which has been organized pursuant to MGL c. 180, as amended.
(2) 
For any of the uses permitted in the R-A Residence-Agricultural District with the development regulations applicable to the R-A Residence-Agricultural District outlined in Article VI governing.
B. 
Accessory uses permitted in the Elderly Housing District may include:
(1) 
Accessory uses customarily incidental to any main permitted use on the same premises, including but not limited to private garages, a pool, and other such accessory uses customarily incidental to an age-restricted, active adult community.
(2) 
One separate building, not exceeding one story in height, to house snow removal and mowing machines, garden and other tools and equipment required to maintain and service housing for the elderly, as well as separate structures to house any water or sewer utility and/or centralized mailbox facility or residents.
(3) 
One building which may be used as a common building by the residents of the district, which building may include central kitchen and dining facilities providing meals to residents thereof and their guests and may also provide lounge and meeting rooms for the common use of the residents and their guests.
C. 
Design guidelines. In addition to the standards for site plans under § 196-30, a proposal within the Elderly Housing District shall be consistent with the following design guidelines:
(1) 
All proposed buildings and structures shall be compatible with other quality buildings of similar village-style architecture, building materials and colors;
(2) 
The compatibility of such buildings and structures shall be analyzed in terms of the following factors: size and bulk; orientation to the street; distance from the street; height and roofline articulation; the pattern of window, door, and other building openings; architectural styles; and exterior building materials and colors; and
(3) 
The applicant shall submit a separate landscaping plan, prepared by a registered landscape architect, that provides for intensive high-quality landscaping of all open areas, including areas adjacent to paths, driveways and parking lots, and, where appropriate for screening purposes, dense buffers of trees and shrubs.
[Added 5-22-1996 ATM, Art. 51]
A. 
The Pond Watershed Overlay District consists of the mapped watersheds to Boxford's freshwater ponds. Long considered one of the Town's most significant natural resources, Boxford's numerous freshwater ponds are threatened by land-based activities within the pond watersheds, including residential development, removal of natural vegetative growth and waterfowl. Of particular concern are elevated levels of nutrients, such as nitrogen and phosphorus, present in the Town's surface waters. Excessive nutrients will cause pond water quality to decline, create noxious odors, increase growth of nuisance plants and reduce values of property within the ponds' watersheds.
B. 
The purpose of this District is to identify land areas that provide recharge and runoff to Boxford's freshwater ponds by incorporating these contributing areas into the Town's Zoning Map, Zoning Bylaw and other regulatory tools, as amended.
C. 
Permitted uses. In any lot created after the adoption of this amendment:
(1) 
The Pond Watershed Overlay District shall be considered to be superimposed over any other district established in this bylaw. Land in a Pond Watershed Overlay District may be used for any purpose otherwise permitted in the underlying district, subject to the additional restrictions presented herein. Land located such that the site lies partially within an Overlay District shall be governed by the restrictions applicable to the zoning district in which the part of the land is located.
(2) 
Within a Pond Watershed Overlay District, no principal or accessory structure shall be constructed within 100 feet of the high-water mark of a pond. Excluded from this prohibition, subject to other applicable regulations in the Town of Boxford, are structures commonly referred to as "duck walks," landings, docks and piers.
(3) 
Within a Pond Watershed Overlay District, no land area within 300 feet of a measured high-water mark of a pond shall consist of cultivated lawn greater than 5,000 square feet on any single lot.
(4) 
For a distance of at least 25 feet from the high-water mark of any pond within a Pond Watershed Overlay District, natural vegetation shall be left in its natural state, except for a path, not to exceed seven feet in width. Dead or dying vegetation that poses a threat to persons or property may be removed, subject to other applicable regulations in the Town of Boxford.
[Added 5-22-1997 ATM, Art. 51; amended 5-11-2004 ATM, Art. 31; 11-15-2005 STM, Art. 12; 5-9-2006 ATM, Art. 35]
Wireless communications services and the construction of towers shall be located according to the special permit provisions of the Zoning Bylaw.
A. 
(Reserved)
B. 
(Reserved)
C. 
Use restrictions. A wireless communications facility (including antennas and accessory structures, if any), antenna or satellite dish may be erected upon the issuance of a special permit by the Zoning Board of Appeals pursuant to Article X, subject to site plan review and approval as set forth herein at § 196-30, subject to the following conditions:
(1) 
The only wireless communication facilities allowed are freestanding monopoles, with associated antenna and/or panels to be installed internally within the monopole.
(2) 
To the extent feasible, all service providers shall collocate on a single facility. Wireless communications facilities shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.
(3) 
Any proposed extension in the height, addition of cells, antennas or panels or construction of a new facility shall be subject to a new application for an amendment to the special permit.
(4) 
New facilities shall be considered by the Zoning Board of Appeals only upon a finding by the Zoning Board of Appeals that the equipment planned for the proposed facility cannot be accommodated on any existing or already approved facilities.
(5) 
All facilities shall be designed to be constructed at the minimum height necessary to accommodate the anticipated present and future use but in no event to exceed 120 feet in height as measured from the mean finished ground level at the base of the facility.
(6) 
A facility shall not be erected nearer to any property line than a distance equal to the vertical height of the facility (inclusive of any appurtenant devices), measured at the mean finished grade of the facility base.
(7) 
Siting shall be such that the view of the facility from adjacent abutters, residential neighbors and other areas of Town shall be as limited as possible. All facilities shall be painted or otherwise colored so they will blend in with the landscape or the structure on which they are located. The coloring scheme of the pole shall be at the discretion of the Board of Appeals based upon information provided during the public hearing.
(8) 
Wireless communication facilities shall be suitably screened from abutters and residential neighborhoods.
(9) 
Fencing shall be provided to control access to wireless communications facilities and shall be compatible with the scenic character of the Town. Chain link is not acceptable.
(10) 
Existing on-site vegetation shall be preserved to the maximum extent possible.
(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 with § 196-27.
(12) 
Night lighting of the facilities shall be prohibited unless required by the Federal Aviation Administration (FAA). Lighting shall be limited to that needed for emergencies and/or as required by the FAA.
(13) 
There shall be a maximum of one parking space for each facility, to be used in connection with the maintenance of the facility and the site, and not to be used for the permanent storage of vehicles.
(14) 
To the extent technologically feasible, all network interconnections from the facility shall be via underground land lines.
(15) 
Applicants proposing to erect facilities on municipally owned land or structures shall provide evidence of contractual authorization from the Town of Boxford to conduct wireless communications services on municipally owned property.
(16) 
Traffic associated with the facility and accessory facilities and structures shall not adversely affect abutting ways.
(17) 
Satellite dishes and/or antennas may be located on structures or may be freestanding.
(18) 
Satellite dishes and/or antennas shall be situated on a structure in such a manner that they are screened, preferably not being visible from abutting streets. Freestanding dishes and/or antennas shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or landscape.
(19) 
Antennas or dishes located on a structure shall not exceed 10 feet in height above the level of its attachment to the structure.
(20) 
Annual certification demonstrating continuing compliance with the standards of the Federal Communication Commission, Federal Aviation Administration and the American National Standards Institute and required maintenance shall be filed with the Building Inspector by the special permit holder.
(21) 
All unused facilities or parts thereof or accessory facilities and structures which have not been used for one year shall be dismantled and removed at the owner's expense.
D. 
Procedure for a special permit. All applications for wireless communications facilities, antennas or satellite dishes shall be made and filed on the applicable application forms for site plan and special permit in compliance with the Boxford Zoning Board of Appeals application instructions. In addition to the requirements for site plan review under § 196-30 and the special permit requirements under §§ 196-45, 196-46, 196-47, 196-48 and 196-49, five copies of the following information must be submitted for application to be considered complete:
(1) 
A locus plan at a scale one inch equals 200 feet, which shall show all property lines, the exact location of the proposed structure(s), street, landscape/topography features, residential dwellings and neighborhoods and all buildings within 500 feet of the facility.
(2) 
A color photograph or rendition of the facility with its antennas and/or panels. For satellite dishes or antennas, a color photograph or rendition illustrating the dish or antenna at the proposed location is required. A rendition shall also be prepared illustrating a view of the monopole, dish or antenna from the nearest street or streets.
(3) 
The following information must be prepared by a professional engineer:
(a) 
A description of the facility and the technical, economic and other reasons for the proposed location, height and design.
(b) 
Confirmation that the facility complies with all applicable federal and state standards.
(c) 
A description of the capacity of the facility, including the number and type of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations.
(d) 
If applicable, a written statement that the proposed facility complies with, or is exempt from, applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC) and the Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.
(e) 
The applicable review and advertising fees as noted in the application guidelines.
E. 
Exemptions. The following types of wireless communications facilities are exempt from this § 196-22:
(1) 
Amateur radio towers used in accordance with the terms of the amateur audio service license issued by the Federal Communications Commission, provided that the tower is not used or licensed for any commercial purpose.
(2) 
Facilities used for the purposes set forth in MGL c. 40A, § 3.
(3) 
Satellite dishes and antennae for residential use.
[Added 5-8-2012 ATM, Art. 14]
A. 
Floodplain District Boundaries. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Boxford designated as Zone A or AE on the Essex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Essex County FIRM that are wholly or partially within the Town of Boxford are panel numbers 25009C0226F, 25009C0227F, 25009C0229F, 25009C0231F, 25009C0233F, 25009C0234F, 25009C0241F, 25009C0242F, 25009C0244F, 25009C0253F, 25009C0254F, 25009C0261F, 25009C0262F, 25009C0263F, 25009C0264F, and 25009C0401F dated July 3, 2012. The exact boundaries of the District are defined by the 100-year base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 3, 2012. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk.
B. 
Base flood elevation and floodway data.
(1) 
Floodway data. In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2) 
Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
C. 
Notification of watercourse alteration. In a riverine situation, the Conservation Director shall notify the following of any alteration or relocation of a watercourse:
Adjacent communities.
NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
D. 
Use regulations.
(1) 
The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with MGL c. 131, § 40, and with the following:
(a) 
Sections of the Massachusetts State Building Code (780 CMR), as may be currently in effect, which address construction in floodplain areas;
(b) 
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
(c) 
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(d) 
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).
(2) 
Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
(3) 
In Zone AE, along watercourses that have a regulatory floodway designated on the Essex County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(4) 
All subdivision proposals must be designed to assure that:
(a) 
Such proposals minimize flood damage;
(b) 
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
(c) 
Adequate drainage is provided to reduce exposure to flood hazards.
E. 
Permitted uses. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:
(1) 
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
(2) 
Forestry and nursery uses.
(3) 
Outdoor recreational uses, including fishing, boating, play areas, etc.
(4) 
Conservation of water, plants, wildlife.
(5) 
Wildlife management areas, foot, bicycle, and/or horse paths.
(6) 
Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
(7) 
Building lawfully existing prior to the adoption of these provisions.
[1]
Editor's Note: The provisions of former § 196-22.1, Temporary moratorium on medical marijuana treatment centers, adopted 5-14-2013 ATM, Art. 28, expired 7-31-2014.
[Added 5-8-2018 ATM by Art. 17]
A. 
Large-Scale Ground-Mounted Solar Photovoltaic Installation Overlay District.
(1) 
Purpose. The purpose of this bylaw is to permit as-of-right siting of large-scale ground-mounted solar photovoltaic installations within a designated Solar Overlay District by providing standards for the design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and that provide adequate financial assurance in the event of abandonment or removal of such installations.
(2) 
Definitions. As used in this bylaw, the following terms shall have the meanings indicated:
AS-OF-RIGHT SITING
That development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary zoning approval.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION (also "installation")
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum rated nameplate capacity of 250 kW DC.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
SOLAR OVERLAY DISTRICT
As used in this section shall include the following properties:
(a) 
Property at Spofford Road designated as Assessor's Map 19, Block 3, Lot 28 and Assessor's Map 15, Block 2, Lot 1; and
(b) 
Property designated as Assessor's Map 42, Block 1, Lot 1.
(3) 
General requirements.
(a) 
The construction and operation of all large-scale ground-mounted solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of the installation shall be constructed in accordance with the State Building Code. No installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.
(b) 
No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the installation and the owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(c) 
All large-scale ground-mounted solar photovoltaic installations shall undergo site plan review by the Planning Board in accordance with this Zoning Bylaw prior to construction or modification as provided in this section. The Planning Board may, at the Board's option, hold an informal hearing, of which abutters are given notice, in order to solicit comment during the site plan review. The Planning Board may impose reasonable conditions on the project in granting site plan approval. The Planning Board shall act on an application for site plan review and file a written decision of its action with the Town Clerk within 90 days of receipt of a complete site plan review submission unless otherwise agreed by the project proponent.
(4) 
Site plan review submission requirements. The project proponent shall provide the following documents:
(a) 
A site plan on one or more sheets. All plans shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. The plans, at a minimum, must include the following:
[1] 
Property lines and physical features, including roads, topography, vegetation, hydrological features, shading from existing structures and Zoning Map designation of the project site;
[2] 
Proposed changes to the site, including proposed grading, planting or removal of vegetation, lighting, signage and structures;
[3] 
Blueprints or drawings of the solar photovoltaic installation;
[4] 
An electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
[5] 
Manufacturers' specifications, warranties and related documentation for the major system components to be used, including the PV panels, mounting system, and inverter. These may be referenced on the plan to documents provided for the Planning Board file;
[6] 
Name, address, and contact information for the proposed installer of the installation;
[7] 
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;
[8] 
The name, contact information and signature of any agents representing the project proponent.
(b) 
The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed installation.
(c) 
The project proponent shall submit an Operation and Maintenance Plan for the large-scale ground-mounted solar photovoltaic installation which shall include measures for maintaining safe access to the installation, stormwater controls, and general procedures for operation and maintenance of the installation.
(d) 
Proof of liability insurance naming the Town of Boxford as additional insured in the amounts of at least $1,000,000 current and $3,000,000 aggregate, or such other amounts as are standard in the Town of Boxford. Such proof will not be required for municipally or state-owned facilities.
(e) 
Proof of utility notification.
(f) 
A designation of a date representing the end of the useful life of the installation, which date may be extended by the project proponent upon notice to the Planning Board provided no later than 30 days in advance of the designated date. Upon such notice the Planning Board may review the installation and determine, at its sole discretion, if an application for a modification is required under the terms of this section.
(g) 
A removal plan, signed by the project proponent, listing the actions to be taken to remove the installation and a plan showing the proposed physical characteristics of the site upon completion of the removal.
(h) 
Description of financial surety and cost of removal. The project proponent shall submit a fully inclusive estimate of the costs associated with removal of the installation, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. The project proponent shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board not to exceed 125% of the estimated cost of removal. Such surety will not be required for municipally or state-owned facilities.
(5) 
Design standards.
(a) 
Dimensional requirements.
[1] 
Front yard. The front yard depth shall be at least 50 feet.
[2] 
Side yard. Each side yard shall have a depth at least 15 feet; provided, however, that where the lot abuts a Residential-Agricultural District, the side yard shall not be less than 50 feet.
[3] 
Rear yard. The rear yard depth shall be at least 25 feet; provided, however, that where the lot abuts a Residential-Agricultural District, the rear yard shall not be less than 50 feet.
[4] 
Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to applicable regulations, including the dimensional regulations established in this bylaw, concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
(b) 
Lighting. Lighting of installations shall be the minimum required by local, state and federal law, or as required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
(c) 
Signage. Signs shall comply with § 196-27 of the Zoning Bylaw. A sign posted in a location visible from a public way shall identify the name and nature of the installation, the owner and the operator, and provide a twenty-four-hour emergency contact phone number. Signs at installations shall not be used for displaying advertising.
(d) 
Utility connections. All utility connections from the installation shall be placed underground unless otherwise required by the utility provider.
(6) 
Safety and environmental standards.
(a) 
Emergency services. The project proponent shall provide a copy of the site plan review submission documents to the Boxford Fire Department and the Boxford Police Department upon submission of its application for site plan review to the Planning Board. The project proponent shall cooperate with these Departments in developing an Emergency Response and Security Plan. As approved by the Planning Board through site plan review, a copy of the plan shall be kept on the project site at all times and shall be placed on file with the Boxford Fire and Police Departments. All means of shutting down the solar photovoltaic installation shall be clearly identified in the Emergency Response and Security Plan and, where practicable, marked in the filed.
(b) 
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the installation or otherwise prescribed by applicable laws, regulations, and bylaws.
(7) 
Monitoring and maintenance. The installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Boxford Fire Department. The owner or operator shall be responsible for the cost of maintaining the installation and associated site improvements. The owner or operator shall be responsible for the cost of maintaining any access road(s) unless the access road is accepted as a public way.
(8) 
Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board in accordance with this bylaw. The Planning Board may waive any requirements of the site plan review submission requirements deemed by the Board to be not relevant to the proposed modification.
(9) 
Abandonment, decommissioning or removal.
(a) 
Abandonment. Absent written notice provided by the owner or operator to the Planning Board of extenuating circumstances, the installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board.
(b) 
Decommissioning. The owner or operator shall, upon 30 days' advance notice to the Planning Board, identify a date for decommissioning the installation. If the owner or operator of the installation fails to remove the installation in accordance with the requirements of this section within 150 days of the decommissioning date, the Town may, to the extent it is otherwise authorized by law, enter the property and physically remove the installation and apply any financial surety provided by the project proponent towards the cost of removal.
(c) 
Removal. Any installation which has reached the end of its useful life, or been abandoned, or reached a decommissioning date, shall be removed within 150 days. Removal shall consist of the following:
[1] 
Physical removal of all installation structures, equipment, security barriers and transmission lines from the site.
[2] 
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
[3] 
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(10) 
Severability. The provisions of this section are severable, and the invalidity of any section, subdivision, paragraph or other part of this section shall not affect the validity of the remainder of this section.