[Amended 1-17-1989 STM by Art. 37]
The following uses may be permitted as designated in Article VI, Land Use Regulations, provided they meet the following requirements in addition to any other requirements.
A.
The density of motel units per acre shall be no more
than five.
[Amended 5-18-1987 STM by Art. 22]
B.
On each lot used for motel purposes there shall be
provided front yard 60 feet in depth, rear and side yards each not
less than 50 feet in depth.
C.
A space not less than 20 feet shall be maintained
open with grass, bushes, flowers or trees all along each side lot,
rear lot and front lot, except for entrance and exit driveways, and
such open space shall not be built on, nor paved nor used for parking.
D.
No space within the required front yard depth shall
be used for parking except as a temporary nature such as for registering.
No parking spaces are allowed in required yard depths and all parking
shall be at the side, rear or under the building for which it is intended.
E.
Each motel site shall be provided with not more than
two motor vehicle driveways for each abutting street which shall intersect
the abutting street or streets at 90º.
F.
Each rental unit shall contain not less than 250 square
feet of habitable floor area.
G.
Subject to Board of Appeals, uses such as but not
limited to restaurants, convention facilities, health clubs, retail
shops, beauty and barber shops are permitted within motels containing
100 or more units.
H.
Hotels/motels in operation prior to January 1, 1970
have the capability to expand to a maximum density of 10 units per
acre with or without individual kitchens.
[Added 4-29-1991 ATM by Art. 41]
[Added 1-17-1989 STM by Art. 38; amended 12-4-1990 STM by Arts. 9, 10, 11 and
12; 4-27-1991 STM by Arts. 7,
8 and 9; 5-7-2019 ATM by Art.
25]
A.
Purpose. Recognizing the need to provide alternative affordable housing
for family members and affordable housing for the Town, the following
regulations are established for accessory apartments in a residential
district. It is expressly understood that this section does not provide
for "two-family" or "duplex" type housing.
B.
An owner or owners of a single-family dwelling or of a single-family
dwelling with a pre-existing outbuilding on the same lot in an RA
or RB District may apply to the Board of Appeals for a special permit
for the construction and occupancy of an accessory dwelling unit,
hereinafter "accessory apartment," in such single-family dwelling
or pre-existing outbuilding. In no case shall there be more than one
accessory apartment established on a lot.
C.
In accordance with the provisions of Article XI of this bylaw, and after due consideration of the report and recommendation of the Board of Health (see Subsection D), the Board of Appeals may grant a special permit as follows:
(1)
Procedures.
(a)
The applicant shall obtain and submit to the Board of Appeals a written report of the Board of Health, certifying that the conditions of § 145-36D have been met.
(b)
The Board of Appeals shall hold a public hearing on the application, in accordance with the procedures specified in MGL Chapter 40A and § 145-65.
(c)
The Board of Appeals shall give due consideration to the mandatory
referral report of the Planning Board and, where its decision differs
from the recommendation of the Planning Board, shall state the reasons
therefor in writing.
(2)
Requirements for an accessory apartment.
(a)
Floor area; square footage.
[1]
The accessory apartment in a single-family dwelling is accessory
to the principal residence. The floor area of the apartment shall
be the lesser of: (1) 800 square feet or (2) 35% of the floor area
of the principal residence and the apartment combined. The residence
shall retain the appearance of a single-family structure. It shall
be further required that the owner of the property shall occupy either
the apartment or the principal residence as his/her primary residence,
except for bona fide temporary absences.
[2]
The accessory apartment in a pre-existing outbuilding shall
not exceed 800 square feet, shall not cause the external appearance
of the structure in which the accessory apartment is located to be
significantly altered from the appearance of the existing structure
and shall not increase the footprint of the structure in which the
accessory apartment is located. It shall be further required that
the owner of the property shall occupy either the apartment or the
principal residence as his/her primary residence, except for bona
fide temporary absences.
(b)
Adequate provision has been made for the disposal of sewage,
waste and drainage of such accessory apartment in accordance with
the requirements of the Board of Health.
(c)
Adequate provision has been made for ingress and egress to the
outside from such accessory apartment.
(d)
The construction and occupancy of the accessory apartment will
not be detrimental to the neighborhood in which the lot is located.
(e)
The lot on which the accessory apartment and principal residence
are located contains at least three quarters of an acre.
(f)
Adequate provisions have been made for off-street parking of
motor vehicles in such a fashion as is consistent with the character
of a single-family residence.
(g)
There is no other apartment on the lot on which the accessory
apartment is to be located.
(h)
Any accessory apartment intended for occupancy by a person with
a disability shall be subject to the provisions of MGL c. 40A, § 3.
E.
Affordable Accessory Apartment Program.
(1)
The intent of this section of the bylaw is to document the availability
of low to moderately priced housing that qualifies for inclusion on
the Town's Subsidized Housing Inventory, thus allowing for access
to a variety of housing to meet the needs of low- and moderate-income
families, Town employees, the young and the elderly.
(2)
The Affordable Accessory Apartment Program is a public/private partnership
to maintain local control over housing development and to increase
the Town's supply of low- and moderate-income housing.
(3)
The Board of Appeals may approve a special permit for an affordable accessory apartment, according to the same procedures as in Subsection C(1), above. An affordable accessory apartment shall meet the requirements set forth in Subsection C(2) above, with the following conditions:
(a)
The affordable accessory apartment shall be approved by the
Local Initiative Program (LIP) and comply with LIP requirements, including
but not limited to those contained within the Comprehensive Permit
Guidelines: M.G.L. Chapter 40B Comprehensive Permit Projects - Subsidized
Housing Inventory, in effect on the date of application for a special
permit and as may be amended from time to time thereafter;
(b)
Before the affordable accessory apartment may be occupied, the
owner(s) of the property shall execute a Regulatory Agreement and
Declaration of Restrictive Covenants for Affordable Accessory Apartment
Rental ("Regulatory Agreement"), enforceable by DHCD and the Town,
or other form of affordable housing restriction as may then be in
effect under the Local Initiative Program. The Regulatory Agreement
shall be recorded with the Middlesex South Registry of Deeds;
(c)
The Regulatory Agreement shall have a minimum term of 15 years;
[1]
The agreement shall terminate upon sale of the property, which,
for purposes of this subsection, shall not include:
[a]
A mortgage deed to secure repayment of a loan;
or
[b]
An interspousal transfer for nominal consideration
where the transferor retains at least a 50% ownership interest in
the property; or
[c]
A transfer to a trust for minimal consideration
where the owner holds at least a 50% beneficial interest in the property.
[2]
An owner may voluntarily terminate the Regulatory Agreement
prior to its expiration with 60 days' notice, in accordance with the
restrictions in such agreement. The owner shall notify the Town and
DHCD and record a notice of cancellation of the special permit at
the Registry of Deeds. The termination of the Regulatory Agreement
shall not take effect until the expiration of the current lease between
the owner and the tenant occupying the affordable accessory apartment.
(d)
Upon termination of the agreement, additional restrictions shall
apply regarding repayment to the Town of any funds received from the
Town pursuant to a grant or loan agreement.
(e)
An affordable accessory apartment may not be rented to an owner's
family member (currently defined in DHCD regulations and guidelines
as a parent, grandparent, son, daughter, uncle, aunt, niece, nephew,
or sibling);
(f)
The affordable accessory apartment shall be subject to DHCD
regulatory requirements, including requirements relative to pricing,
tenant income eligibility, affirmative fair housing marketing and
tenant selection plan, and maintenance. In particular, the affordable
accessory apartment shall be rented to income-qualified tenants selected
through an open process established in accordance with the affirmative
fair housing marketing plan, and the monthly rent shall not exceed
the maximum affordable rent for a household of the appropriate size,
as prescribed in the LIP affordable accessory apartment program guidelines
and other applicable state regulations and requirements.
F.
Any owner or owners of a single-family dwelling or a single-family dwelling with a pre-existing outbuilding in RA and RB Districts seeking a new or a renewal of an accessory apartment permit shall agree to abide by the terms of the Affordable Accessory Apartment Program defined in Subsection E above to ensure moderate income occupancy of the apartment thus created for a period of 15 years. The local housing agency or partnership shall permit deferral of the program if the homeowner wishes to accommodate initially a family member or members. For the purpose of this section, family member shall be defined as one of the blood, step or adopted relatives of the homeowner or spouse as follows: mother, father, sister, brother, son, daughter, uncle, aunt, grandmother, grandfather and/or their spouses. Should the family member "vacate" the accessory apartment, the agreement with the local housing agency or partnership shall be voided, providing the accessory apartment is discontinued and the dwelling reverts back to compliance with § 145-26A(1). Otherwise, an application shall be made under the Affordable Accessory Apartment Program defined in Subsection E above. Any apartment proposed hereunder shall comply with all applicable provisions of this § 145-36. Fines may be imposed by the Town for violation of this clause.
[Amended 5-7-1986 STM by Art. 3; 1-17-1989
STM by Art. 39]
No apartment/multifamily structure as defined shall be constructed except in conformance with the requirements of this section and § 145-65. Apartments/multifamily structures shall require a special permit from the Board of Appeals. There shall be not more than one apartment/multifamily structure per building lot. The following shall be considered the minimum standards for apartment/multifamily development:
A.
Zoning district allowed: RA, RB.
B.
Minimum lot area: eight acres.
C.
Minimum lot frontage: 500 feet.
D.
Minimum front yard: 100 feet.
E.
Minimum side yard: 60 feet.
F.
Minimum rear yard: 60 feet.
G.
Density: not to exceed one apartment unit per three
acres in RA Districts; two acres in RB Districts.
H.
Structure size: not to contain more than six units
per each detached structure.
I.
Maximum lot coverage: by buildings and pavement: 35%
of gross upland land area.
[Amended 5-7-1986 STM by Art. 4]
Mobile homes, as defined, may be placed on a
lot for a period not to exceed 12 months for the sole purpose of allowing,
specifically, the lot owner a temporary residence while a permanent
residence is being constructed. Any such mobile home shall be subject
to the provisions of the state and Townsend sanitary code, wetlands
regulations and other appropriate ordinances or bylaws.
[Amended 5-7-1986 STM by Art. 5]
A.
Purpose. In order to provide for the public interest
by the preservation of open space in perpetuity, variety in residential
housing development patterns which allow for development more harmonious
with natural features and Town growth policies than traditional residential
development, to promote the maximum possible protection of open space,
visual quality and watershed protection, and to encourage efficient
provision of necessary utilities and community services, the following
regulations are established for open space preservation development
within the Town of Townsend. In making any and all determinations
under this bylaw, the Planning Board shall always compare the impact
of an open space development with potential conventional development,
and may approve open space development only if the proposal is superior
to a conventional development.
B.
Applicability. Open space preservation development
shall be allowed within Residence "A" and Residence "B" Zoning Districts
subject to the requirements of this bylaw for those districts, and
in accordance with the additional requirements specified herein.
C.
General requirements.
(1)
Any parcel of land located within a zone permitting
OSPD which would accommodate at least 10 dwelling units under the
provisions of the underlying zoning district may be considered for
an OSPD subject to a special permit issued by the Planning Board.
(2)
After an OSPD application has been submitted, no utility
installations, no ditching, grading or construction of roads, no grading
of land or lots, no excavation except for purposes of soil testing,
no forest harvesting, no dredging or filling, and no construction
of buildings or structures shall be done on any part of the development
site until the application has been reviewed and approved as provided
by these regulations.
(3)
No OSPD will be approved within an established single-family
residential neighborhood if the Planning Board determines that such
land use would have a detrimental effect upon the surrounding property.
(4)
It shall be the responsibility of an applicant for
an OSPD special permit to demonstrate to the Planning Board that this
form of land development will be as or more appropriate than traditional
patterns of residential development for the particular site being
considered.
E.
Minimum requirements.
(1)
Density. The total area of the tract proposed for
OSPD shall be at least 10 acres of contiguous upland. The total number
of residential units allowable on a site proposed for OSPD shall not
exceed the number of units that would be allowed in the zoning district
in which the site is located. The burden of proof shall be upon the
applicant in determining the allowable number of units. The total
number of units allowed shall be determined by the following method:
(a)
Layout by a preliminary sketch plan showing
the total number of lots which could be obtained by utilizing a conventional
grid subdivision. The plan shall show all wetlands along the potential
sites for home; and if individual septic systems and/or wells for
drinking water would be necessary to serve the homes, then also the
location of subsurface sewage disposal system and/or well on each
lot. Where available, medium intensity soil survey maps, such as those
available from the USDA Natural Resource Conservation Service, shall
be provided. Furthermore, the SPGA may require the applicant to provide
or pay for the creation of more detailed, high-intensity maps, or
other data, if there is any indication of ledge, shallow soils, or
other indication that the lots shown on the conventional plan may
not be buildable as a practical matter. The applicant shall also provide
financial data, based on the known data, including current housing
prices and reasonable inflation and population projections, demonstrating
that the conventional subdivision is financially viable, and could
be completed and sold within the same time frame planned for the open
space proposal.
[Amended 5-2-2000 ATM by Arts. 38 and 39]
(b)
Data proving that adequate provision for sanitary
sewage can be provided to each lot in the conventional subdivision.
If individual septic systems would be necessary to serve the homes,
then the following data must be included:
[Added 5-2-2000 ATM by Art. 38]
[1]
Records of all soil tests performed on the site,
whether or not performed by or on behalf of the applicant, on file
with the Board of Health and the Nashoba Associated Boards of Health.
[2]
Soil test data meeting the requirements of the
Board of Health which show that a subsurface sewage disposal system
conforming with all current state and local requirements could be
installed on each lot in the conventional subdivision.
(2)
Density regulations. The Planning Board may grant
a reduction on all density regulations of the underlying zoning regulations
for all portions of an OSPD, with the exception of height and front,
side and rear yard setbacks, if the Planning Board finds that such
reduction will result in better design, improved protection of natural
and scenic resources, and will otherwise comply with these regulations
provided that in no instance shall any lot deviate from the following
table of minimum requirements:
Table of Minimum Requirements
| |||
---|---|---|---|
Zoning District
RA, RB
| |||
With Town Water
|
Without Town Water
| ||
Minimum lot area
|
20,000 sq. ft.
|
48,000 sq. ft.
| |
Minimum lot frontage
|
50 ft.
|
120 ft.
|
(3)
Frontage requirements. Frontage requirements for lots on the arc of the curve at the end of so called "cul de sacs" may be reduced to no less than 25% of the required minimum for the zoning district as established in Article VII of the bylaw.
[Amended 4-27-1991 STM by Art. 10]
(4)
Development standards. Prior to the issuance of a
special permit for an OSPD, the applicant shall submit the information
necessary to demonstrate that the following development standards
have been met:
(a)
The development will not cause unreasonable
traffic congestion or unsafe conditions both within and outside of
the development and will comply with Town standards for parking, access,
road design and construction.
(b)
The development will provide for and maintain
convenient and safe emergency vehicle access to all buildings and
structures at all times.
(c)
The nature of the soils and subsoils shall be
suited for the intended purposes. This determination shall focus upon,
but shall not be limited to the location, design and construction
of roadways, buildings, septic systems and surface water drainage
systems. Soil borings or test pits may be made to provide information
on soil texture, color, percolation rates and depth to the groundwater
table at its maximum elevation.
(d)
Anticipated stormwater runoff from the site
shall not exceed peak runoff from the site prior to development. The
applicant shall submit formal drainage calculations by a registered
professional engineer for this purpose.
(e)
Proper soil erosion and sedimentation control
measures shall be employed to minimize sedimentation and siltation
of existing surface water bodies and wetlands. In areas where the
land slopes downward towards any surface water body, or freshwater
wetland, proposed filling, cutting, clearing or grading shall be minimized
and all such development activities shall be carried out in such a
way as to retain the natural vegetation and topography wherever possible.
The Planning Board may require that an erosion and sedimentation control
plan be submitted if significant erosion is anticipated in slope areas.
(f)
The site design shall preserve and, where possible,
enhance the natural features of the property, including scenic views,
by adapting the location and placement of structures and ways to the
existing topography in order to minimize the amount of soil removal,
tree cutting and general disturbance to the landscape and surrounding
properties.
(g)
The development shall comply with all other
provisions of the Subdivision Rules and Regulations of the Planning
Board[1] and any other land use regulations of the Town in effect
at the time of application, insofar as they are apt.
(h)
The Planning Board may hire, at its discretion
and at the project proponent's expense, a qualified firm or firms
to evaluate the technical information presented to the Planning Board.
[Added 1-17-1989 STM by Art. 40]
(i)
Precast reinforced concrete or granite monuments
shall be set at all angle points, beginnings and ends of curves, and
at any other points as directed by the Board marking the perimeter
of the open space. These concrete or granite monuments shall be a
minimum of four feet in length, dressed to four inches square on top,
with a three-eighths-inch drill hole in the center of the top. These
bounds shall be set so the top is one to three inches above the finish
grade, with the surrounding area compacted to the satisfaction of
a review engineer representing the Town. The applicant shall deposit
a certified check or cashiers check payable to the Town of Townsend
in the amount totaling $300 per monument. The check shall be refunded
after submission of a certificate from a registered land surveyor
certifying that bound monuments have been accurately installed.
[Amended 4-27-1991 STM by Art. 11; 10-19-2010 STM by Art.
20; 11-15-2011 STM by Art. 17]
F.
Open space use and design standards.
(1)
Lots for building purposes shall be grouped in clusters
and within each cluster the lots shall be contiguous.
(2)
Within an OSPD, no less than 30% of the total land
area shall be devoted to common open space. The common open space
shall not include land set aside for roads and/or parking uses. No
more than 50% of the common open space shall contain wetlands as defined
by Massachusetts General Laws, Chapter 131, Section 40.
(3)
The common open space shall be designed and maintained
in accordance with the following standards:
(a)
Naturally existing woods, fields, meadows and
wetlands shall be maintained and improved in accordance with good
conservation practices.
(b)
Common open space shall be planned as large,
contiguous units whenever possible. Strips or narrow parcels of common
open space shall be permitted only when necessary for access or as
vegetated buffers along the site's perimeter.
(c)
Common open space may be in more than one parcel
provided that the size, shape and location of such parcels are suitable
for the designated uses.
(d)
No more than 20% of the common open space shall
be covered by man-made impervious surfaces.
(e)
Common open space may be used for active and
passive recreation, conservation, forestry, agriculture, natural buffers,
structures necessary to approved uses, utilities and other facilities
necessary for the convenience and enjoyment of the residents, subject
to approval by the Planning Board.
(f)
There shall be a minimum setback of 50 feet
between any common open space structures and all property lines of
the site.
G.
Common open space ownership and management.
(1)
Common open space in an OSPD shall be conveyed to:
the Town and may be accepted by it for park or open space use; a nonprofit
corporation, the principal purpose of which is the conservation of
open space; or to a corporation or trust owned or to be owned by the
owners of lots or residential units within the development. If a corporation
or trust owned by the owners of lots or residential units is utilized,
ownership thereof shall pass with the conveyances of the lots or units.
In any case where such land is not conveyed to the Town, a restriction
enforceable by the Town shall be recorded at the Middlesex District
Registry of Deeds providing that such land shall be kept in open or
natural state and not be built upon for residential use or developed
for accessory uses such as parking or roadway.
(2)
If the common open space is not to be conveyed to
the Town, the application for an OSPD special permit must include
a program describing how the common open space will be maintained
in perpetuity to standards satisfactory to the Planning Board. The
applicant shall also provide as part of the common open space proposal
an agreement empowering the Town to perform maintenance of the common
open space in the event of failure to comply with the program included
in the application pursuant to the preceding sentence providing that,
if the Town is required to perform any maintenance work, the owners
of lots or units within the OSPD shall pay the cost thereof and that
the cost shall constitute a lien upon their properties until said
cost has been paid.
H.
Duration of approval. Notwithstanding anything to the contrary in this § 145-39, any special permit granted by the Planning Board for an OSPD shall become void within two years from the date of issue, which two years shall not include time required to pursue or await determination of an appeal referred to in Section 17 of Chapter 40A of the General Laws, unless any substantial part of the proposed construction work shall have been performed and proceeded in good faith continuously to completion, except for a good cause. All open space shall be dedicated at the time the special permit, as required, has been granted.
(1)
If at any time before, during or after construction
of the proposed development unforeseen conditions make it necessary
or preferable to modify the project as described in the approved definitive
OSPD application, the Planning Board may authorize such modifications
provided that they are within the spirit of the original proposal
and comply with these regulations.
[Added 5-7-1986 STM by Art. 12; amended 6-5-1993
STM by Art. 8; 4-29-1997 ATM by Arts. 48, 49, 52 and 53; 11-11-2002
STM by Art. 30]
A.
Findings. The Town of Townsend finds that:
(1)
The groundwater underlying this Town is the sole source
of its existing and future drinking water supply;
(2)
The groundwater aquifer is integrally connected with,
and flows into, the surface waters, lakes and streams which constitute
significant recreational and economic resources of the Town used for
swimming, fishing, and other water-related recreation;
[Amended 11-29-2005 STM by Art. 31]
(3)
Accidental spills and discharges of petroleum products
and other toxic and hazardous materials and sewage effluent have repeatedly
threatened the quality of such groundwater supplies and related water
resources throughout towns in Massachusetts, posing potential public
health and safety hazards and threatening economic losses to the affected
communities.
B.
Aquifer Protection Overlay District. Aquifer Protection
Districts shall be defined as the aquifer boundaries shown on a map
entitled "Distribution of Aquifers, Townsend, Mass., December 15,
1984, Nashua River Watershed Association" and shall be considered
superimposed over any other district established in this bylaw.
C.
Use regulation.
(1)
Prohibited uses. Except as hereinafter provided in Article IX, within the Aquifer Protection District the following uses are specifically prohibited: sanitary landfills, earth removal operations whereby earth or gravel is removed closer to the maximum high water table than seven feet (except as permitted in § 145-46 of the Townsend Zoning Bylaws), junkyards, facilities for the storage, dismantling, and sale of used motor vehicle parts, and any other uses requiring a Class III license, municipal sewage treatment facilities with on-site disposal of primary or secondary treated effluent, package sewage treatment plants, communal septic systems, car washes, road salt stockpiles, dumping of snow from outside the Aquifer Protection District, establishments providing services and repairs for boats, automobiles, trucks, motorcycles, or other vehicles propelled by internal combustion engines, metal plating, chemical and bacteriological laboratories, and storage, use, transportation or disposal of toxic or hazardous materials.
[Amended 11-29-2005 STM by Art. 31]
D.
Density regulations. Residential dwellings shall only
be permitted at a density not greater than that allowed by the underlying
zoning district for single-family residential dwellings.
E.
Special permit uses. Within the Aquifer Protection
District the following shall be allowed only upon receipt of a special
permit:
(1)
Any use involving storage or use of toxic or hazardous
materials in quantities greater than associated with normal household
use, provided that a closed recycling and reclamation system is used
for all toxic or hazardous materials, or other means acceptable to
the SPGA is used to isolate hazardous materials from the groundwater.
In addition, the holder of any special permit under this section must
provide evidence on an annual basis that the Town of Townsend is named
as a loss payee on an appropriate environmental insurance policy.
(2)
Earth removal operations whereby earth or gravel is
not removed closer to the maximum high water table than four feet.
The special permit granting authority may restrict the use of lands
excavated to within four feet of the high water table and set conditions
on the further and future use of said land. All restrictions and conditions
established by the special permit granting authority shall be noted
as part of the special permit which shall be recorded with the property
deed at the Middlesex County Registry of Deeds. Specific land use
restrictions and/or conditions may be amended from time to time by
the Board of Appeals should future circumstances warrant such amendment.
Any amendment to said special permit shall require a public hearing
and a decision-making procedure as established by MGL c. 40A, § 9.
F.
Special permits.
(1)
Special permit granting authority. The special permit granting authority (SPGA) under this bylaw shall be the Board of Appeals. Such special permit shall be granted if the SPGA determines in conjunction with other Town agencies as specified in§ 145-65E that the intent of this bylaw as well as its specific criteria are met. In making such determination, the SPGA shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures failed. The SPGA shall explain any departures from the recommendations of the other Town agencies in its decision.
(2)
Special permit criteria. Special permits under Subsection E of this section shall be granted only if the SPGA determines that groundwater quality resulting from on-site waste disposal and other on-site operations will not fall below applicable federal or state standards for drinking and recreational water at the down-gradient property boundary.
(3)
Submittals. In applying for a special permit required
by this section, the information listed below shall be submitted:
(a)
A complete list of all chemicals, pesticides,
fuels and other actually or potentially toxic or hazardous materials,
as well as the quantity, to be used or stored on the premises in quantities
greater than those associated with normal household use, accompanied
by a description of measures proposed to protect all storage container/facilities
from vandalism, corrosion and leakage, and to provide for control
of spills. Appropriate industry standard Material Safety Data Sheets
pertaining to each item on the list must also be provided. Said list
shall also be filed with the Hazardous Waste Coordinator (Fire Chief)
or his designee and all of his pertinent regulations shall be complied
with.
(b)
A description of actually or potentially toxic
or hazardous wastes to be generated, indicating storage, disposal
and groundwater protection methods.
(c)
Evidence of approval by the Massachusetts Department
of Environmental Quality Engineering (DEQE) of waste treatment or
disposal system or any wastewater treatment system over 15,000 gallons
per day capacity.
G.
Design and operations guidelines. The following design
and operation guidelines shall be observed within the Aquifer Protection
District.
(1)
Safeguards. Provision shall be made to protect against
toxic or hazardous materials discharge or loss resulting from corrosion,
accidental damage, spillage or vandalism through measures such as,
but not limited to: prohibition of underground storage tanks; spill
control provisions in the vicinity of delivery points; secured storage
areas for toxic or hazardous materials; and indoor storage provisions
for corrodible or dissolvable materials. For operations which allow
the evaporation of toxic or hazardous materials into the interiors
of any structures, a closed vapor recovery system shall be provided
for each such structure to prevent discharge of contaminated condensate
into the groundwater or into the atmosphere.
(2)
Location. Where the premises are partially outside
of the Aquifer Protection District, potential pollution sources such
as on-site waste disposal systems shall be designed as if the entire
premises were inside the Aquifer Protection District.
(3)
Disposal. In any operation in which toxic or hazardous
wastes will be used or stored in quantities greater than those associated
with normal household use, the applicant must demonstrate the availability
and feasibility of disposal methods which are in conformance with
MGL c. 21C.
(4)
Drainage. All runoff from impervious surfaces shall
be recharged on the site, diverted towards areas covered with vegetation
for surface infiltration to the extent possible. Dry wells shall be
used only where other methods are not feasible, and shall be preceded
by oil, grease, and sediment traps to facilitate removal of contaminants.
H.
Violations. Written notice of any violation of this
bylaw shall be provided by the Hazardous Waste Coordinator (Fire Chief)
or his designee to the owner or operator of the premises, specifying
the nature of the violations and a schedule of compliance, including
cleanup of any spilled materials. The Hazardous Waste Coordinator
(Fire Chief) or his designee shall also notify the Board of Health,
Conservation Commission, Police Chief, Building Inspector, SPGA, and
DEP. This compliance schedule must be reasonable in relation to the
public health hazard involved and the difficulty of compliance. In
no event shall more than 30 days be allowed for either compliance
or finalization and implementation of a plan for longer-term compliance.
Until plans for compliance and implementation have been approved by
the SPGA, all operations involving hazardous materials at the site
shall be suspended.
I.
TOXIC OR HAZARDOUS MATERIALS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Definition.
Any substance or mixture of such physical, chemical or infectious
characteristics as to pose a significant, actual or potential hazard
to water supplies, or other hazard to human health, if such substance
or mixture were discharged to land, groundwater, or surface waters
of this Town. Toxic or hazardous materials include, without limitation,
organic wastes, acids and alkalis, pesticides, herbicides, solvents,
thinners and wastes generated by activities such as (but not limited
to) those listed below, are presumed to be toxic or hazardous unless
and except to the extent that anyone engaging in such an activity
can demonstrate the contrary to the satisfaction of the Board of Health
and Hazardous Waste Coordinator (Fire Chief) or his designee. Storage,
manufacture or other activities involving the use of:
Hydrocarbon fuels and solvents of any kind.
Airplane, boat and motor vehicle service and
repair.
Chemical and bacteriological laboratory operation.
Cabinet making.
Dry cleaning.
Electronic circuit assembly.
Metal plating, finishing and polishing.
Motor and machinery service and assembly.
Painting, wood preserving and furniture stripping.
Pesticide and herbicide manufacturing and/or
storage activities.
Photographic processing.
Printing.
[Added 5-7-1986 STM by Art. 13]
A.
Purpose. The Town of Townsend, recognizing the need
to affirm and implement the intent of state legislation establishing
the Squannacook River Sanctuary Act (MGL c. 132A, § 17),
namely to protect environmental values significant to flood control,
the prevention of storm damage, the protection of waters containing
fisheries and other public interests protected by the Wetlands Protection
Act (MGL c. 131, §§ 40 and 40A) hereby adopts the following
regulations.
B.
Geographical applicability. This article will apply
to the waters of the Squannacook River within the Town of Townsend
and a buffer zone extending 300 feet landward from each bank (as defined
in MGL c. 131, § 40) of the Squannacook River. For those
lots or land parcels totally encompassed by this area so defined,
this article's applicability will be limited to 100 feet landward
of the edge of the wetlands, as defined by MGL c. 131, § 40.
(1)
In no event shall the geographical applicability of
this section extend more than 300 feet landward from each bank (as
defined in MGL c. 131, § 40) of the Squannacook River.
(2)
This section of the bylaw shall not apply to lands
or structures used in the production of hydroelectric or mechanically
applied water power, provided, however, that no use of such lands
or structures shall be permitted which would violate the provisions
of MGL c. 132A, § 17.
C.
Regulation of construction. Within the above described area, there will be no construction of structures or removal of materials as regulated by § 145-46 of the Townsend Zoning Bylaws.
D.
Regulation of vegetation alteration. Within the areas described in Subsection B of this section, there will be no clear cutting of existing vegetation and no more than minimal disruption of wildlife habitats. However, this section shall not apply in cases where the Conservation Commission determines that its application would adversely affect the purposes of MGL c. 131, § 40.
E.
Site design requirements. Enlargement, reconstruction
or modification of any structure permitted prior to the establishment
of this bylaw shall conform to the following:
(1)
Runoff shall be directed towards areas covered with
vegetation for surface infiltration. Catch basins and piped storm
sewers shall be used only where other methods are infeasible.
(2)
Where the premises are partially outside of the above-noted
areas, site design shall locate such potential pollution sources as
on-site disposal systems as far from the edge of the Squannacook River
as is feasible.
[Added 5-7-1986 STM by Art. 14]
A.
Purpose. Each use for which a site plan submission
is required is a potentially significant addition to a developing
or developed area of the Town, and to a residential, commercial, or
industrial neighborhood. It is intended that the site plan for each
use be prepared with due consideration for:
(1)
The purpose and intent of this Zoning Bylaw;
(2)
Coordination with and improvement of systems of vehicular
and pedestrian access, drainage, water supply, sewage disposal, lighting,
landscaping, wetlands, watercourses, buildings and other features
that support the neighborhood and scenic roadways; and
[Amended 5-2-2023 STM by Art. 18]
(3)
Protection of the public health and wellness, safety,
welfare, property values and the environment.
[Amended 5-2-2023 STM by Art. 18]
B.
Applicability. Any change of use or increase in intensity of use which would under the parking schedule "Table of Minimum Requirements" of § 145-33 require five or more parking spaces, regardless of the number of parking spaces existing on the premises, shall be permitted only upon the issuance of a special permit from the special permit granting authority for site plan review in conformance with this section, § 145-65 and MGL c. 40A, §§ 9 and 11.
[Amended 1-4-2000 STM by Art. 11]
(1)
However, no such special permit is required for a
change of use where the following conditions apply:
[Added 5-2-2000 ATM by Art. 17]
(a)
The site has been in compliance with a previously
issued site plan review special permit under this section for at least
the immediately preceding 12 months, and there have been no changes
to the site that were not anticipated by the earlier permit.
(b)
The new use does not require more parking spaces
than the number required by the previously issued site plan review
special permit.
(c)
The Planning Board finds, by the same vote that
would be required for issuing a special permit, and based on the actual
history of the site, and after consulting with appropriate Town departments,
including but not limited to the Police Department and the Board of
Selectmen, that the earlier site plan review special permit adequately
addresses the purpose of the site plan review special permit, and
that the new use does not differ in ways that would invalidate the
assumptions, findings, or conditions of the earlier permit.
[Amended 5-2-2023 STM by Art. 18[1]]
[1]
Editor's Note: This article also repealed former Subsection
B(1)(d), added 11-15-2011 STM by Art. 13, which immediately followed this subsection
and pertained to proposed ground-mounted solar energy facilities to
be located within the Ground-Mounted Solar Energy District.
(2)
Before making the determination that a site is eligible for the exemption of Subsection B(1), the Building Inspector shall notify the Planning Board of the proposed change of use in a timely manner. The Planning Board may act on such determination without a public hearing. An applicant need not wait for such determination by the Building Inspector or Planning Board prior to filing an application for a new site plan review special permit.
[Added 5-2-2000 ATM by Art. 17]
C.
Procedure. Applications for site plan review special permits shall be filed with the Town Clerk and the special permit granting authority as specified in § 145-65C of the Zoning Bylaws.
[Amended 4-25-1995 STM by Art. 11; 9-24-1996 STM by Art. 39; 1-4-2000 STM by Art. 11; 12-3-2014 STM by Art. 19; 5-2-2023 STM by Art. 18]
(1)
For applicable land disturbance as specified in Chapter 85 of the Townsend General Bylaw, a stormwater management application shall be filed in conjunction with this application to determine subjectivity to either a minor or major stormwater management permit. Refer to § 175-44, Stormwater management, erosion and sedimentation control plan (the stormwater plan) to determine requirements, with strict adherence to Chapter 85 of the Townsend General Bylaws, NPDES Phase II Stormwater Management, and its associated regulations.
D.
Drawing requirements. Site design plans subject to
site plan review special permit shall be prepared by a registered
architect, landscape architect, professional land surveyor or professional
engineer. The site design plan shall be prepared at a scale no less
than one inch equals 20 feet and shall show all existing and proposed
buildings, existing and proposed contour elevations, structures, parking
spaces, driveway openings and driveways within a two-hundred-foot
radius of the project, service areas, facilities for sewage, refuse,
other waste disposal, and for surface water drainage, wetlands, surface
water, areas subject to the one-hundred-year flood and landscape features
such as trees, shrubs, fences, walls, planting areas, walks and lighting,
both existing and proposed. The site plan shall also show the relation
of the above features to adjacent ways and properties and contain
a locus map at a scale not greater than one inch equals 2,000 feet.
The site plan shall also show all contiguous land owned by the applicant
or by the owner of the project site.
[Amended 9-24-1996 STM by Art. 40]
(1)
Special provisions for drawing requirements. The special permit granting authority may, at its option following a preliminary review, waive the requirement that site design plans be prepared by a registered architect, landscape architect, professional land surveyor or professional engineer. In considering applications for waivers, the special permit granting authority shall consider whether the proposed plans indicate any new construction or expansion of existing structures; whether there is a recorded survey plan in existence for the site showing the property bounds, existing structure and curb cuts; whether the proposed project requires any changes in or impact upon vehicular or pedestrian access, parking areas, drainage, water supply, sewage disposal, lighting, landscaping, wetlands, watercourses and lot contours. The waiver shall not remove the requirement that site design plans be drawn to scale and depict those items stated in Subsections C through G.
[Added 12-4-1990 STM by Art. 14; 1-4-2000
STM by Art. 11]
E.
Access and circulation. Provisions shall be made for
vehicular and pedestrian access to the project site and circulation
upon the site in such a manner as to safeguard against hazards to
traffic and pedestrians in the street and upon the site, to avoid
traffic congestion on any street and to provide safe and convenient
circulation in the street and upon the site. Access and circulation
shall also conform to the following:
(1)
Where reasonable alternate access is available, the
vehicular access to the site shall be arranged to avoid traffic use
of local residential streets situated in or bordered by residential
districts;
(2)
Where a site has frontage on two or more streets,
the special permit granting authority may require that the access
to the site be provided across the frontage and to the street where
there is lesser potential for traffic congestion and for hazards to
traffic and pedestrians;
[Amended 1-4-2000 STM by Art. 11]
(3)
Where necessary to safeguard against hazards to traffic
and pedestrians and/or to avoid traffic congestion, provision shall
be made for turning lanes, traffic directional islands, driveways
and traffic controls within the streets;
(4)
Access driveways shall be of a design and have sufficient
capacity to avoid queuing of entering vehicles on any street;
(5)
Driveways into the site shall have proper grade and
alignment as well as transition grades and sight distances, for safe,
convenient and efficient access and shall meet the street right-of-way
line and travel way of the street in such a manner as to conform to
the standard cross section for the street as determined by the Highway
Superintendent and the Planning Board's Rules and Regulations for
Subdivision Control;
[Amended 1-4-2000 STM by Art. 11]
(6)
Where topographic and other conditions are reasonably
usable, provision shall be made for circulation driveway connections
to adjoining sites of similar existing or potential use when such
driveway connection will facilitate fire protection services and/or
when such driveway will enable the public to travel between two existing
or potential uses, open to the public generally, without need to travel
upon a street;
(7)
There shall be no more than one driveway connection
from any project site to any street, except that: separate entrance
and exit driveways may be provided where necessary to safeguard against
hazards and to avoid congestion and additional driveway connections
may be provided, particularly for but not limited to large trucks
and uses of extensive scope, if traffic flow in the street will be
facilitated by the additional connection. Driveways shall not exceed
24 feet in width at the street line, or such lesser width as will
be sufficient to accommodate the traffic to be generated unless a
greater width is required by Town bylaw or the Commonwealth of Massachusetts.
F.
Existing streets. Where the project site has frontage
on an existing street, proper provision shall be made for grading
and improvement of shoulders and sidewalk areas within the right-of-way
of the street and for provision of curbs and sidewalks.
G.
This section, Subsections A to G, is supplementary of other provisions of the Zoning Bylaw affecting access, circulation, design and landscaping of parking areas. Where the application of Subsections A to G imposes a greater restriction than imposed by other provisions of the Zoning Bylaw, the application of Subsections A to G shall control.
H.
The special permit granting authority for this section shall be the Planning Board, except that if a use requires a special permit from the Zoning Board under § 145-26B(2), (3), (5) or (6) or § 145-27C, and requires at most eight parking spaces, and is not on a state highway or state numbered road then the special permit granting authority shall be the Zoning Board.
[Added 1-4-2000 STM by Art. 11]
[Added 9-25-1989 STM by Art. 4]
Recognizing the need to preserve and enhance
historic structures in the Town of Townsend which are beyond historic
district boundaries, and to protect and promote an important part
of our cultural heritage, the Town of Townsend hereby enacts the following
section to permit an antique shop to operate in residential districts
without the requirement of its being an accessory use to a single-family
dwelling:
A.
The structure used must have been in existence prior
to 1900. Any and all additions to the original structure must be in
keeping with the original architectural style.
B.
Sufficient off-street parking, as covered in the Table of Minimum Requirements in § 145-33 of this Bylaw under nonresidential retail sales and service, must be provided and such parking areas must be in keeping with the character of a single-family residence. Crushed stone may be considered as an acceptable paving surface for this use.
C.
All work or sale of goods must be carried on inside
the building used. There shall be no external change which alters
the residential appearance. The residential character of the premises
must be preserved.
D.
There shall be no outside display except for a sign advertising such use which shall comply with Article X et seq. of the Townsend Zoning Bylaws pertaining to residential signs.
E.
The products to be sold must be authentic antiques,
as opposed to reproductions.
F.
The Zoning Board of Appeals may impose on any special
permit additional conditions, including but not limited to, number
of employees permitted, hours of operations and screening plantings
of abutting properties.
G.
Before granting a special permit the Zoning Board
of Appeals must conclude that the impact from traffic, lighting, and
hours of operation will not have a negative impact on the residential
neighborhood.
[Added 5-18-1987 STM by Art. 24]
Any person owning land on which there is a swimming
pool containing 24 or more inches of water in depth at any point,
and/or covering a surface area of greater than 250 square feet, shall
erect and maintain an enclosure surrounding the property or pool area
sufficient to make such pool inaccessible to small children. Such
enclosure must be constructed of a rigid material, be equipped with
a self-latching gate with a latch that is inaccessible to small children
from the outside, in case of an aboveground pool, a swing-up or removable
ladder that prevents entry, and must not be less than four feet in
height.
[Amended 1-17-1989 STM by Art. 17]
A.
The purpose of the Floodplain District is to ensure
that development on land within the district will not endanger the
health, safety and welfare of the occupants of land within the floodplain
and of the public and to encourage the most appropriate use of the
land in the community. The Floodplain District shall be considered
to be superimposed over the other districts shown on the Zoning Map,
as a recognition of the special hazards which exist in such areas.
B.
In the Floodplain District uses otherwise permitted
by this Bylaw in the zone in which the land is located shall be permitted
only if they conform with the purposes cited above. No structure shall
be erected for human occupancy, or to which flood-damageable sanitary
facilities would be attached.
C.
No dumping, filling, dredging, excavation, transfer
or removal of any material which will reduce the natural floodwater
storage capacity of the land or will interfere with the natural flow
of water over the land or through the groundwater table shall be permitted.
No activity which may pollute surface or groundwater due to flooding
shall be permitted.
D.
Notwithstanding the above, a permit may be issued
for a development, which meets requirements as defined below, by the
Board of Appeals after reasonable notice and a mandatory public hearing.
(1)
Any person desiring such a permit shall submit an
application to the Board of Appeals, describing in detail the proposed
use of the property and the work to be performed, accompanied by plans
showing:
(a)
The location, boundaries, and dimension of the
lot, existing and proposed structures, watercourses and drainage easements,
fill, means of access, and sewage disposal facilities, and location
of one-hundred-year flood lines;
(b)
Mean sea level elevation, with two-foot or less
contour separation, of the existing and proposed land surface, of
the cellar and the first floor, and sewage disposal facilities;
(c)
Test boring of sufficient depth to show location
of peat, hardpan and other impervious material, and such percolation
tests as are necessary.
(2)
Copies of the application shall be delivered by the
applicant to the Board of Health, the Building Inspector, the Planning
Board, and the Conservation Commission, who shall advise the Board
of Appeals. No building permit shall be issued and no excavation or
filling shall take place until the Board has issued a permit under
this section or 90 days have elapsed after the receipt of the application
without action thereon.
E.
The Board shall issue a permit under this section
if it finds that the proposed use of the premises will not endanger
the health, safety, and welfare of the occupants of the development,
of the floodplain, or of the public, as defined above, or it may issue
a permit with such conditions as it deems necessary to protect health
and safety or provide proper flood control or protection, or it may
deny the application. The burden of showing that the proposed development
will not endanger health, safety, or welfare of occupants or the general
public, wherever the effects of said development may be felt, shall
rest upon the developer, who shall provide such engineering and hydrological
data as is reasonably necessary. The Board shall, as a condition of
approval, require that effective notice be given to prospective purchasers,
by signs or otherwise, of past flooding of said premises, the steps
undertaken by the petitioner or his successor in title to alleviate
the effects of the same, and the availability or unavailability of
flood insurance for said property. Without limiting the generality
of the foregoing, the Board shall ensure:
(1)
That the floor level of areas to be occupied by human
beings as living or working space shall be at an elevation of at least
three feet above the floodplain level, that the foundation footings
or cellar level shall be at least four feet above the water table
as measured in April or May of the year, that furnaces and utilities
are protected from the effects of flooding, and that the structure
will withstand the effects of flooding in accordance with the Building
Code.
(2)
That the construction, use and/or change of grade
of the proposed structures and their access roads will not obstruct
or divert flood flow, reduce natural floodwater storage capacity,
or increase stormwater runoff velocity so that water levels on other
land are raised or danger from flooding increased.
(3)
That safe means of vehicular and pedestrian escape
are provided in the event of flooding to the elevation of the floodplain.
(4)
That the proposed methods of drainage and sewage disposal
will not cause pollution or endanger health, in the event of flooding.
(5)
In Zone AE, along watercourses within the Town of
Townsend that have a regulatory floodway, as designated on the Middlesex
County Flood Insurance Rate Maps, dated June 4, 2010 all encroachments,
including fill, new construction, substantial improvements to existing
structures and other development, are prohibited unless certification
by a registered professional engineer is provided by the applicant
demonstrating that such encroachment shall not result in any increase
in flood levels within the community during the occurrence of the
one-hundred-year flood.
[Amended 5-4-2010 ATM by Art. 26]
F.
Nothing contained in this section shall limit the
authority of the Board of Health with respect to premises in the Floodplain
District or affect the applicability of the Building Code to any building
in the Floodplain District.
G.
The Board of Appeals shall refer to each of the reports
submitted by the Board of Health, the Building Inspector, the Planning
Board, and the Conservation Commission in review of the developer's
application, for evaluation of the potential hazard of the proposed
development to the health, safety, and welfare of occupants and the
general public. The Board of Appeals should consider concurrence of
the above board or officials as necessary prior to approving any applications.
H.
The Floodplain District is herein established as an
overlay district. The District includes all special flood hazard areas
within the Town of Townsend designated as Zone A and AE, on the Middlesex
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 Middlesex County FIRM that
are wholly or partially within the Town of Townsend are panel numbers
25017C0035E, 25017C0042E, 25017C0045E, 25017C0055E, 25017C0060E, 25017C0061E,
25017C0062E, 25017C0063E, 25017C0064E, 25017C0068E, 25017C0070E, 25017C0177E
and 25017C0181E dated June 4, 2010. The boundaries of the District
are defined by the one-hundred-year base flood elevations shown on
the FIRM and further defined by the Middlesex County Flood Insurance
Study (FIS) report dated June 4, 2010. The FIRM and FIS report are
incorporated herein by reference and are on file with the Town Clerk.
[Amended 1-17-1989 STM by Art. 41; 5-4-2010 ATM by Art.
26]
I.
All wetlands, as shown on the map as described in Subsection H will be treated and considered as floodplain for the purpose of this Bylaw.
J.
In Zone A areas within the Town of Townsend on the
Middlesex County Flood Insurance Rate Maps dated June 4, 2010, where
the base flood elevation is not provided, the applicant shall use
the best available federal, state, local or other floodway data 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. Base flood elevation data is required for all
subdivision proposals or other developments greater than 50 lots,
or greater than five acres, within unnumbered A Zones. This data shall
be reviewed by the Building Inspector for its reasonable utilization
toward meeting the elevation of flood proofing requirements, as appropriate,
of the State Building Code.
[Amended 5-4-2010 ATM by Art. 26]
K.
In a riverine
situation, the Building Inspector shall notify the following of any
alteration or relocation of a watercourse:[1]
[Added 5-4-2010 ATM by Art. 26]
(1)
Adjacent
communities.
(2)
Bordering
states.
(3)
NFIP
State Coordinator.
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
|
(4)
NFIP
Program Specialist.
Federal Emergency Management Agency, Region 1
99 High Street, 6th Floor
Boston, MA 02110
|
L.
All development
in the Floodplain District, including structural and nonstructural
activities, whether permitted by right or by special permit must be
in compliance with Chapter 131, Section 40 of the Massachusetts General
Laws and with the following:
[Added 5-4-2010 ATM by Art. 26]
(1)
The
section of the Massachusetts State Building Code which addresses floodplain
hazard zones (780 CMR 120.G).
(2)
Wetlands
Protection Regulations, Department of Environmental Protection (310
CMR 10.00).
(3)
Inland
Wetlands Restriction, Department of Environmental Protection (310
CMR 13.00).
(4)
Minimum
requirements for the Subsurface Disposal of Sanitary Sewage, Department
of Environmental Protection (310 CMR 15, Title 5).
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.
|
[Amended 5-7-1986 STM by Art. 1; 1-17-1989 STM by Arts.
20 and 42; 5-2-2006 ATM by Art. 30]
A.
No person, firm or corporation shall excavate any
amount over 20 cubic yards of soil, rock, sod, loam, peat, humus,
clay, sand, earth, gravel or other minerals or materials from any
land within the Town of Townsend without first obtaining a special
permit from the special permit granting authority (SPGA) of the Town
of Townsend as provided in the following sections. Special permit
application forms shall be obtained through the Land Use Office or
Town Clerk.
B.
The SPGA under this bylaw shall be the Zoning Board
of Appeals. Special permits shall only be granted in accordance with
the procedure for notice, hearings, decisions and appeals set forth
in MGL c. 40A, §§ 9 and 11 and the Zoning Board of
Appeals' Rules and Regulations, including application forms. Any special
permit granted hereunder shall lapse within one year if substantial
use has not sooner commenced except for good cause proven to the SPGA.
C.
A special permit shall not be required under this
bylaw for the following types of excavation:
(1)
Excavation incidental to the construction of residential
buildings for which all other permits have been issued, nor installation
of walks, driveways, septic systems, swimming pools or other accessory
uses to such buildings and expansions thereof, provided the quantity
of material excavated shall not exceed that displaced by the portion
of the building or accessory use below finished grade;
(2)
Excavation in the course of normal and customary agricultural
use of land;
(3)
Excavation in the normal use of a cemetery;
(4)
Excavation activities lawfully permitted by right
or by special permit at the time this bylaw is adopted may continue
unless or until discontinued for more than 12 consecutive months.
However, unless specifically authorized by new special permit:
(a)
The depth of excavation shall not be increased
below the grade of the lowest point excavated on the effective date
of this bylaw or as previously permitted, whichever is greater;
(b)
The total horizontal area of excavation of an
active excavation operation shall be contained within the property
limits of such operation on the effective date of this bylaw or as
previously permitted, whichever is greater.
(5)
Excavation and replacement for individual homeowner
landscaping with finish grades matching existing grades (maximum 200
cubic yards removal and replacement).
D.
An application for an earth excavation special permit
shall be in writing and shall contain an accurate description of the
portion of land in which the excavation will take place, shall state
fully the purpose of the excavation, and shall include any fees as
determined from time to time by the SPGA. The SPGA may waive the below
listed requirements (1) through (7) on residential parcels or lots.
When required by the SPGA, the application, shall include plans drawn
by a registered surveyor or engineer, at a scale of one inch equals
40 feet, or as determined appropriate, containing the following information:
(1)
Property lines, names and addresses of all abutters,
including those across any way;
(2)
Existing contours at five-foot intervals in the area
from which materials are to be excavated and in surrounding areas,
or as determined appropriate;
(3)
Natural features such as wetlands, the one-hundred-year
floodplain, ground cover and surface and groundwater. Water table
elevation shall be determined by test pits and soil borings. A log
of soil borings shall be included, taken to the depth of the proposed
excavation, congruent with the size and geological makeup of the site;
(4)
A topographical map showing drainage facilities, final
grades, and proposed vegetation and trees;
(5)
Erosion and sediment control plan;
(6)
A restoration plan including the amount and cost of
proposed restoration materials;
(7)
The location of monitoring wells which have been used
to establish the high water table. The highest elevation of the water
table shall be determined by observation wells monitored during the
months of April and May. The observation wells' location shall be
determined by the Board of Health or its designated agent. The information
concerning height of water table shall be gathered before application
for a special permit is made to the SPGA.
E.
The SPGA may require as a condition to the granting of the special permit that the applicant shall furnish a performance bond or other security satisfactory to the SPGA sufficient to ensure satisfactory performance of the requirements of this bylaw and such other conditions as may be imposed in the permit. No performance bond or other security if required shall be released in full or in part unless and until the SPGA is satisfied that all the conditions of the special permit have been satisfied, including all of the requirements of Subsections I and J.
F.
The SPGA shall exercise its powers with due regard
to:
G.
The SPGA may impose on any permit conditions including,
but not limited to, conditions upon methods of excavation, type and
location of structures, fencing, hours of operation, area, location
and depth of excavation, steepness of slopes, drainage, disposition
of boulders and stumps, restoration and planting.
H.
Every special permit shall contain the condition that
inspection of the operation may be made at any reasonable hour by
an agent of the SPGA to determine if conditions of the special permit
are being enforced.
I.
The following standards of operation shall apply to every excavation, in addition to conditions imposed under Subsection G, unless otherwise permitted herein:
(1)
No excavation, other than excavation necessarily incidental
to a valid building permit or subdivision approval can be undertaken
within 100 feet, measured horizontally, of an existing public way
or an adjacent property line; said limit may be reduced by the SPGA.
(2)
No earth or gravel shall be excavated closer to the
maximum high water table than seven feet. This depth to maximum high
water table may be decreased by the SPGA to four feet, provided that
the SPGA determines that based upon soils, groundwater flows, type
of materials to be excavated, and any requirements that they may impose,
such decrease in depth of excavation shall not be deemed to adversely
affect the intent or purpose of this or other sections of the Townsend
Zoning Bylaw. In determining the effect upon the Town of Townsend
of increased earth or gravel excavation, the SPGA may require the
applicant to submit a complete hydrological report, prepared by an
individual or company selected by the applicant and approved by the
SPGA. All costs incurred shall be borne by the applicant. Said hydrological
report shall present in detail findings relative to soils by type,
groundwater direction and velocity, geologic logs describing any lines
of fine material and water table depth of the subject property. The
SPGA may restrict the use of lands excavated to four feet of the high
water table and set conditions on the further and future use of said
land.
(3)
All topsoil and subsoil stripped from operation areas
shall be stockpiled and used in restoring the area.
(4)
Any shelters or buildings erected on the premises
for use by personnel or storage of equipment shall be screened from
public view and shall be removed from the premises within 60 days
after the special permit has expired or been revoked.
(5)
Hours of operation shall be between 8:00 a.m. and
4:30 p.m. on weekdays only. However, the SPGA may further limit hours
of operation if, after weighing factors including impact on traffic
flow and safety, it determines the public good will be served. Trucks
may enter and leave the premises only within such hours. All loaded
vehicles shall be suitably covered to prevent dust and contents from
spilling and blowing from the load.
(6)
Trucking routes and methods shall be subject to approval
of the Chief of Police insofar as he may regulate any industrial trucking.
(7)
All access roads leading to public ways shall be treated
or paved with suitable material to reduce dust and mud for a distance
of 200 feet back from the way. The operator shall clean up any spillage
on public ways.
(8)
Access roads shall intersect a public way at right
angles for a distance of no less than 50 feet and shall be constructed
at an angle to the public way or with a curve so as to help screen
the operation from public view. All access roads shall have at least
250 feet visibility in each travel lane entering a state numbered
or maintained highway and at least 150 feet visibility on all other
streets. Access roads shall not drain directly onto public ways.
J.
Restoration shall be carried out according to the
plans submitted, conditions of the special permit, and the following
minimum conditions:
(1)
Restoration shall be carried on simultaneously with
excavation, so that when any five acres have been cleared and stumped
and five acres are in active mining operation. at least five acres
shall be restored before work commences (including building haul roads)
on the next contiguous five acres. Final restoration work shall be
completed within 120 days after expiration or withdrawal of a permit
or upon cessation of operations.
(2)
No slope shall be steeper than 2:1 (two feet horizontal
to one foot vertical) (50%); 4:1 (four feet horizontal to one foot
vertical) is preferred for erosion control and shall be required in
sensitive areas.
(3)
Retained subsoil and topsoil shall be spread over
the disturbed area and treated with appropriate fertilizer or other
suitable material and seeded with an appropriate mixture of grass
or legume mixture as prescribed by the Conservation District, Soil
Conservation Service, United States Department of Agriculture and
as determined appropriate by the SPGA after consultation with the
above-noted agencies. Trees or shrubs of prescribed species will be
planted to provide screening and reduce erosion during the establishment
period.
(4)
Unless the special permit conditions expressly require
alteration of drainage patterns, the land shall be left so that natural
storm drainage shall leave the property at the original natural drainage
points, and so that the total discharge at peak flow and the area
of drainage to any one point is not increased.
(5)
Natural vegetation shall be left and maintained on
undisturbed land for screening. noise reduction and erosion control
purposes.
K.
No special permit shall be issued for an initial period
of more than three years. Upon application by the owner or applicant,
the SPGA may in its discretion renew a special permit beyond the initial
period (but not to exceed three years per renewal). No such special
permit shall be issued unless the applicant has conformed to all requirements
of the special permit.
[Added 4-25-1989 ATM by Art. 25]
A.
Purpose. In order to provide for the public interest
by the preservation of open space in perpetuity, variety in residential
housing which allows for development more harmonious with natural
features and to promote the maximum possible protection of open space,
visual quality, and watershed protection, and to encourage efficient
provision of necessary utilities and community services, the following
requirements are established for open space multifamily development
within the Town of Townsend. In making any and all determinations
under this bylaw, the Planning Board shall always compare the impact
of an open space development with potential conventional development,
and may approve open space development only if the proposal is superior
to a conventional development. The Planning Board shall be guided
by the findings and recommendations of the Townsend Open Space Plan
and Townsend's Housing Policy, as amended.
B.
Applicability. Open space multifamily development
shall be allowed within RA and RB Zoning Districts subject to the
requirements of the Zoning Bylaw for those districts, and in accordance
with the additional requirements specified herein.
C.
General requirements.
(1)
After an OSMD application has been submitted, no utility
installations, no ditching, grading or construction of roads, no grading
of land or lots, no excavation except for purposes of soil testing,
no forest harvesting, no dredging or filling, and no construction
of buildings or structures shall be done on any part of the development
site until the application has been reviewed and approved as provided
by this section;
(2)
No OSMD will be approved within an established residential
neighborhood if the Planning Board determines that such land use would
have a detrimental effect upon the surrounding property;
(3)
It shall be the responsibility of an applicant for
an OSMD special permit to demonstrate to the Planning Board that this
form of land development will be more appropriate than traditional
patterns of residential development for the particular site being
considered.
D.
Permitted uses.
(1)
Detached single-family dwellings, as defined, including
all accessory uses allowed appurtenant thereto;
(2)
Two-family dwellings including all accessory uses
allowed appurtenant thereto;
(3)
Apartment/multifamily building with six or fewer units
per structure;
(4)
Uses permitted within the common open space as described
in this section;
(5)
Recreational facilities for OSMD purposes.
E.
Minimum requirements.
(1)
Density. The total area of the tract proposed for
OSMD must be able to contain 10 dwelling units. The total number of
dwelling units allowable on a site proposed for OSMD shall not exceed
the number of units that would be allowed in the zoning district in
which the site is located. The burden of proof shall be upon the applicant
in determining the allowable number of dwelling units. The total number
of units allowed shall be determined by the following method: layout
by a preliminary sketch plan showing the total number of lots which
could be obtained by utilizing a conventional grid subdivision of
detached one-family dwelling units. The Planning Board may require
information to substantiate the validity of the preliminary sketch
plan. Where available, medium intensity soil survey maps, such as
those available from the USDA Natural Resource Conservation Service,
shall be provided. Furthermore, the SPGA may require the applicant
to provide or pay for the creation of more detailed, high-intensity
maps or other data, if there is any indication of ledge, shallow soils,
or other indication that the lots shown on the conventional plan may
not be buildable as a practical matter. The applicant shall also provide
financial data, based on the known data, including current housing
prices and reasonable inflation and population projections, demonstrating
that the conventional subdivision is financially viable, and could
be completed and sold within the same time frame planned for the open
space proposal.
[Amended 5-2-2000 ATM by Art. 39]
(a)
The plan shall show all wetlands along with
potential sites for homes; and if individual septic systems and/or
wells for drinking water would be necessary to serve the homes, then
also the location of a subsurface sewage disposal system and/or well
on each lot.
[Added 5-2-2000 ATM by Art. 38]
(b)
The applicant shall submit data proving that
adequate provision for sanitary sewage can be provided to each lot
in the conventional subdivisions. If individual septic systems would
be necessary to serve the homes, then the following data must be included:
[Added 5-2-2000 ATM by Art. 38]
[1]
Records of all soil tests performed on the site,
whether or not performed by or on behalf of the applicant, on file
with the Board of Health and the Nashoba Associated Boards of Health.
[2]
Soil test data meeting the requirements of the
Board of Health which show that a subsurface sewage disposal system
conforming with all current state and local requirements could be
installed on each lot in the conventional subdivision.
(2)
Density regulations. The Planning Board may grant
a reduction on all density regulations of the underlying zoning regulations
for all portions of an OSMD, with the exception of height and front,
side and rear yard setbacks, if the Planning Board finds that such
reduction will result in better design, improved protection of natural
and scenic resources, and will otherwise comply with this section,
provided that in no instance shall any lot deviate from the following
table of minimum requirements:
Table of Minimum Requirements
| |||
---|---|---|---|
Zoning District RA, RB
| |||
Single-Family Dwellings
| |||
With Town Water
|
Without Town Water
| ||
Minimum lot area
|
20,000 sq. ft.
|
48,000 sq. ft.
| |
Minimum lot frontage
|
35 ft.
|
35 ft.
| |
Two-Family Dwellings
| |||
With Town Water
|
Without Town Water
| ||
Minimum lot area
|
30,000 sq. ft.
|
60,000 sq. ft.
| |
Minimum lot frontage
|
35 ft.
|
35 ft.
| |
Apartment/Multifamily Dwellings
| |||
With Town Water
|
Without Town Water
| ||
Minimum lot area
|
48,000 sq. ft.
|
80,000 sq. ft.
| |
Minimum lot frontage
|
35 ft.
|
35 ft.
|
(3)
Development standards. Prior to the issuance of a
special permit for an OSMD, the applicant shall submit the information
necessary to demonstrate that the following development standards
have been met:
(a)
The development will not cause unreasonable
traffic congestion or unsafe conditions both within and outside of
the development and will comply with Town standards for parking, access,
road design and construction.
(b)
The development will provide for and maintain
convenient and safe emergency vehicle access to all buildings and
structures at all times.
(c)
The nature of the soils and subsoils shall be
suited for the intended purposes. This determination shall focus upon,
but shall not be limited to, the location, design and construction
of roadways, buildings, septic systems and surface water drainage
systems. Soil borings or test pits may be made to provide information
on soil texture, color, percolation rates and depth to the groundwater
table at its maximum elevation.
(d)
Anticipated stormwater runoff from the site
shall not exceed peak runoff from the site prior to development. The
applicant shall submit formal drainage calculations by a registered
professional engineer for this purpose.
(e)
Proper soil erosion and sedimentation control
measures shall be employed to minimize sedimentation and siltation
of existing surface water bodies and wetlands. In areas where the
land slopes downward toward any surface water body, or freshwater
wetland, proposed filling, cutting, clearing, or grading shall be
minimized and all such development activities shall be carried out
in such a way as to retain the natural vegetation and topography wherever
possible. The Planning Board may require that an erosion and sedimentation
control plan be submitted if significant erosion is anticipated in
slope areas.
(f)
The site design shall preserve and, where possible,
enhance the natural features of the property, including scenic views,
by adapting the location and placement of structures and ways to the
existing topography in order to minimize the amount of soil removal,
tree cutting and general disturbance to the landscape and surrounding
properties.
(h)
The Planning Board may require, at the project
proponent's expense, a qualified firm or firms to evaluate the technical
information presented to the Planning Board.
(4)
Architectural standards. Specific architectural standards
for construction within the OSMD shall be made part of the special
permit and will be used to ensure conformity and compatibility between
units and the existing neighborhood. Prior to the issuance of a special
permit for an OSMD, the applicant shall submit the following information
to demonstrate that the architectural standards have been met:
F.
Open space use and design standards.
(1)
Lots for building purposes shall be grouped in clusters
and within each cluster the lots shall be contiguous;
(2)
Within an OSMD, no less than 60% of the total land
area shall be devoted to common open space. The common open space
shall not include land set aside for roads and/or parking uses. No
more than 50% of the common open space shall contain wetlands as defined
by MGL c. 131, § 40;
(3)
The common open space shall be designed and maintained
in accordance with the following standards:
(a)
Naturally existing woods, fields, meadows and
wetlands shall be maintained and improved in accordance with good
conservation practices.
(b)
Common open space shall be planned as large,
contiguous units whenever possible. Strips or narrow parcels of common
open space shall be permitted only when necessary for access or as
vegetated buffers along the site's perimeter.
(c)
No more than 20% of the common open space shall
be covered by man-made impervious surfaces.
(d)
Common open space may be used for active and
passive recreation, conservation, forestry, agriculture, natural buffers,
structures and utilities necessary to the aforementioned uses subject
to approval by the Planning Board acting with due regard to the open
space plan.
(e)
There shall be a minimum setback of 50 feet
between any common open space structures and all property lines of
the site.
G.
Common open space ownership and management.
(1)
Common open space in an OSMD shall be conveyed to:
the Town and may be accepted by it for a park or open space use; a
nonprofit corporation, the principal purpose of which is the conservation
of open space; or a corporation or trust owned or to be owned by the
owners of lots or residential units within the development. If a corporation
or trust owned by the owners of lots or residential units is utilized,
ownership thereof shall pass with the conveyances of the lots or units.
In any case where such land is not conveyed to the Town, a restriction
enforceable by the Town shall be recorded at the Middlesex District
Registry of Deeds providing that such land shall be kept in open or
natural state and not be built upon for residential use or developed
for accessory uses such as parking or roadway.
(2)
If the common open space is not to be conveyed to
the Town, the application for an OSMD special permit must include
a program describing how the common open space will be maintained
in perpetuity to standards satisfactory to the Planning Board. The
applicant shall also provide as part of the common open space proposal
an agreement empowering the Town to perform maintenance of the common
open space in the event of failure to comply with the program included
in the application pursuant to the preceding sentence providing that,
if the Town is required to perform any maintenance work, the owners
of lots or units within the OSMD shall pay the cost thereof and that
the cost shall constitute a lien upon their properties until said
cost has been paid.
H.
Duration of approval. Notwithstanding anything to the contrary in this § 145-47, any special permit granted by the Planning Board for an OSMD shall become void within two years from the date of issue, which two years shall not include time required to pursue or await determination of an appeal referred to in § 17 of MGL c. 40A, unless any substantial part of the proposed construction work shall have been performed or has proceeded in good faith continuously to completion, except for a good cause. All open space shall be dedicated at the time the special permit, as required, has been granted. If at any time before, during, or after construction of the proposed development unforeseen conditions make it necessary or preferable to modify the project as described in the approved definitive OSMD application, the Planning Board may authorize such modifications provided that they are within the spirit of the original proposal and comply with this section. All the provisions of MGL c. 40A, § 9, including the requirements of public hearing, shall be applicable to proceedings under this section.
[Added 4-25-1989 ATM by Art. 33]
A.
Purpose and authority. This section is adopted pursuant to MGL c. 40A, § 9 in order to encourage various housing types for persons of various ages and income levels and create affordable housing, to help people who have lived and worked in Townsend and have been unable to obtain suitable housing at a reasonable price, and to maintain a stable economy by preventing the out migration of lower income groups who provide essential services. The Planning Board may issue a special permit which allows an increase in density through a partial relaxation of requirements of this bylaw but only in conjunction with procedures described in § 145-39, Open space preservation development, and § 145-47, Open space multifamily development, and shall require that a minimum of 30% of all units developed on the site be sold and maintained at affordable prices, according to the standards contained in Subsection C below. The Planning Board may not allow an increase in density beyond one total dwelling unit per acre. As a further incentive for the construction of affordable housing, the Board may, in its discretion, waive certain improvement requirements set forth in the Townsend Subdivision Rules and Regulations.[1]
B.
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING UNITS
(1)
(2)
DESIGN STANDARDS
MODIFICATION OF STANDARDS
NUMBER OF AFFORDABLE UNITS
PHASING
SALE PRICE
Definitions.
A project requiring approval under this section.
Units which may be purchased or rented by those who meet
the guidelines for maximum annual income for a low-income or moderate-income
family. Low-income families shall have an income between 50% and 80%
of the Townsend median income, and moderate-income families shall
have an income between 80% and 120% of the Townsend median income.
Affordability means that housing costs for a family shall not exceed
30% of their gross annual income in the previous calendar year. Housing
costs include:
For homeowners: payments for principal and interest
on a mortgage, real estate taxes, homeowner's insurance, and condominium
fees, if any; or
For renters: rent including heat but not other
utilities. In determining median income, the most recent data available
from the Massachusetts Housing Partnership Program shall be used.
Specific design standards for construction within the plan shall be made part of the special permit and will be used to ensure conformity and compatibility between units. Other requirements for design shall be as required under §§ 145-39 and 145-47 of the Zoning Bylaw, and applicable sections of the Townsend Subdivision Rules and Regulations.
The minimum requirements of §§ 145-39E and 145-47E of the Townsend Zoning Bylaw may be modified upon a finding by the Board that such modification creates no adverse impacts on health, safety and welfare, and is found to be in the public interest because of the high quality of design that would result, and does not derogate from the intent of this bylaw.
The number of units allowed in excess of that permitted by
underlying zoning will be subject to negotiation with the Planning
Board and will be determined with due regard to the project approval
requirements of this bylaw. In no case shall the maximum density increase
beyond one total dwelling unit per acre.
A schedule of construction must be submitted providing the
timely delivery of the affordable units.
The sale price for the affordable units will be determined
by reference to the most recent Massachusetts Housing Finance Agency
(HOP) figures depicting the ability to purchase of target groups whose
income is approximately 50% to 120% of the Town of Townsend median
income figures.
[Amended 12-4-1990 STM by Art. 8]
D.
Application requirements. Preliminary plan applications for proposed cluster residential developments are to be made to the Planning Board according to §§ 145-39 and 145-47 of the Townsend Zoning Bylaw. In addition to those requirements noted in §§ 145-39 and 145-47, a statement as to how the proposal conforms to the purposes and objectives of this bylaw shall be required for such preliminary submittals.
E.
Site plan review.
(1)
Purpose. The purpose of the site plan review is to
ensure that the design and layout of all developments occurring under
Townsend's Affordable Housing Conditional Density Bonus Bylaw will
constitute suitable development and will not result in a detriment
to the neighborhood or the environment;
(3)
Procedure. Applications under this section subject to site plan review shall adhered to the procedures for site plan review of § 145-42 of this bylaw, except that the Planning Board shall not require an additional special permit for site plan review but, rather, incorporate site plan review conditions in the special permit required under § 145-39 or 145-47.
F.
Project approval requirements. The Planning Board
will review all projects and will recommend approval of the special
permit if, in the Board's sole discretion:
(2)
The proposed development site plan is designed in
its site allocation, proportions, orientation, materials, landscaping
and other features as to provide a stable and desirable character,
complimentary and integral with the site's natural features;
(3)
The Board makes a finding that such development, density increase, or relaxation of zoning standards does not have a material, detrimental effect on the character of the neighborhood or Town and is consistent with all performance standards of the Townsend Zoning Bylaw, including Subsections D and E above;
(4)
The proposed development is consistent with all municipal
comprehensive plans and objectives.
G.
Long-term affordability.
(1)
In order to maintain long-term affordability for low-
and moderate-income home buyers, there shall be certain resale restrictions
upon the unit's resale value. This resale price restriction will be
incorporated into the deed conveying the property to the initial purchaser
and will bind all subsequent purchasers for a period of 40 years after
the initial conveyance;
(2)
The resale of "affordable housing units," as defined in Subsection B above, will be limited to a percentage of the unit's fair market value at the time of resale. This limitation will be determined by the percent below fair market value for which the home originally sold. This percentage shall be recorded as part of the deed restriction. All subsequent resales for a period of 40 years after the initial conveyance shall be discounted by this same percentage from the fair market value of the house at the time of the resale. Through agreement between the Planning Board and the developer, these parties may chose, at the time of the recording of the deed, to modify the differential by plus or minus 5% in order to assure that the target income groups' ability to purchase be kept in line with the unit's market appreciation and to provide a proper return on equity to the seller;
(3)
All deed restrictions will require that the homeowner
give 90 days' notice to the local housing agency or partnership program
of his or her intent to sell. If the local housing agency or partnership
program fails to respond to the homeowner within 30 days to the effect
that they are proceeding to find an eligible buyer, the homeowner
may thereafter sell the home to anyone meeting income guidelines;
(4)
The Planning Board will designate either the local
housing agency or partnership program as the authority which shall
control long-term affordability under the requirements of this section,
based on submission of information showing the agency's ability to
carry out these restrictions and the administrative criteria and process
by which the resales shall occur.
[Added 4-25-1989 ATM by Art. 38]
A.
Eligibility. Any owner of a lot or lots shown on a
plan duly recorded at the Registry of Deeds shall be eligible to apply
for a special permit to transfer a portion or all of the development
rights on said lot or lots (hereinafter called "donor lots") to a
different location (hereinafter called "receiving district") to be
included as part of a subdivision requiring approval under MGL c.
41, the Subdivision Control Law, provided that the following requirements
are met:
(1)
Each donor lot or portion thereof complies, in all
respects, with the minimum requirements for obtaining a building permit
by right or, in the opinion of the Planning Board, is a potentially
subdividable lot of land given minimum zoning requirements, subdivision
regulations and other pertinent regulations;
(2)
The owner or owners of the donor lot(s) record at the Registry of Deeds a covenant running with the land in favor of the Town of Townsend, forever prohibiting the construction or placement of any structure on said lot(s) except as provided for in Subsection A(3);
(3)
Donor lots may be used for passive recreation, conservation,
forestry, agriculture, natural buffers.
B.
Donor districts. Donor districts shall consist of:
(1)
Any contiguous parcels of land of at least five acres
which qualify for or are currently assessed by the Town of Townsend
or the Commonwealth of Massachusetts under the provisions of MGL c.
61A;
(3)
All land designated as a theoretical cone of influence
to existing or proposed public supply wells, as is now or may be delineated
on a map entitled "Recharge Areas of Existing and Potential Water
Supplies, Townsend, Massachusetts, December 15, 1984, Nashua River
Watershed Association," as amended; and
(4)
All land recommended for acquisition or protection
in the Townsend Open Space Plan, as amended.
C.
Receiving districts. Receiving districts shall consist of all land currently zoned RA or RB, except that receiving districts shall not include any land noted in Subsection B(1), (2), (3) or (4).
(1)
Receiving districts shall be eligible to "accept" donor lots according to the schedule of Subsection D, provided that the locus of the receiving district is the subject of a subdivision plan requiring Planning Board approval under the requirements of MGL c. 41, and a special permit under the requirements of § 145-39 or 145-47 of the Townsend Zoning Bylaws. No transfer of development rights shall be approved by the Planning Board into a receiving district locus not requiring subdivision approval.
D.
Transferred development rights credits. Lots within
donor districts shall be eligible to transfer their development rights
to a receiving district. The assignable credit for the donor lot shall
be 1.2 per buildable lot. Fractions of lots shall not be counted.
Example: Ten lots within an RA donor district
are transferred under this bylaw to an RB parcel within a receiving
district. The RB parcel has suitable acreage under the provisions
of the Land Space Requirements Table of the Zoning Bylaw for 20 lots.
However, the transfer of 10 lots from the RA District to the RB District
entitles the RB landowner to a two-lot bonus. Thus, the total number
of lots possible in this example for the RB receiving district would
be 32:
| |||
10 x 1.2 =
|
12 from RA donor district
| ||
+20 from RB district
| |||
32 total potential lots
|
E.
Special permit granting authority. The special permit granting authority for a transfer of development rights special permit shall be the Planning Board. The provisions of MGL c. 40A, §§ 9 and 11 and § 145-65 of the Townsend Zoning Bylaws shall apply to all special permits issued under this section.
[Added 4-25-1989 ATM by Art. 59]
A.
Applicability. Any provisions in this bylaw to the
contrary notwithstanding, division of land into more than 25 lots
in any twelve-month period shall be subject to the following regulations
and conditions set forth herein.
B.
Requirements. Whenever a new lot or lots are formed
from a part of any other lot or lots, the assembly or separation shall
be effected in such a manner as to conform with the requirements of
this bylaw and shall be in accordance with the Subdivision Rules and
Regulations of the Town of Townsend.[1]
C.
Division of land limitations. The division of a parcel
or combined adjacent parcels of land in any zoning district shall
not exceed 25 lots if resulting from division or combination of properties
in any twelve-month period. This provision shall apply to all subdivision
of land within the Town of Townsend even if approval under the Subdivision
Control Law (MGL c. 41, §§ 81L and 81P) is not required.
D.
Exceptions.
(1)
Division of land in excess of 25 lots as defined in Subsection C above may be allowed only if one of the following requirements are met:
(a)
The owner of said land covenants with the Planning
Board that he will not build upon more than 25 lots in any twelve-month
period. Said twelve-month period shall commence on the date of endorsement
by the Planning Board. The covenant shall identify the lots that may
be built upon in each twelve-month period. The covenant shall be recorded
with all other pertinent documents with the definitive plan;
(b)
The owner of said land applies for and receives
a special permit from the Planning Board in accordance with MGL c.
40A, §§ 9 and 11 to divide greater than 25 lots in
any twelve-month period. The Planning Board shall grant a special
permit for such division only if the Board determines that the probable
benefits to the Town outweigh the probable adverse effects resulting
from granting such permit.
(2)
In reviewing a special permit application under this section, the Planning Board shall consider the impact upon schools, other public facilities, traffic and pedestrian travel, availability and quality preservation of drinking water, adequacy of recreational facilities, open spaces and agricultural resources, preservation of unique natural features, housing for senior citizens and people of low and moderate income as well as master plan or growth management plans prepared by the Planning Board. MGL c. 40A, §§ 9 and 11 and § 145-65 of the Townsend Zoning Bylaw relating to the granting and denial of special permits shall be applicable to a special permit application under Subsection D(1)(b).
E.
Uncompleted development rights granted by Subsection D(1)(a) may be carried forward to subsequent periods, but said carry forward shall not exempt nor exceed the covenant not to build on more than 25 lots in any twelve-month period.
F.
Zoning change protection. Lots whose development has been subject to the covenant as provided for in Subsection D(1)(a) of this bylaw shall be governed by the applicable provisions of the Zoning Bylaw in effect at the time of the plan or plans endorsement by the Planning Board and for a period equivalent to that provided for by MGL c. 40A, § 6, except, however, the statutory protection afforded by MGL c. 40A, § 6, shall not commence until the lot or lots qualify for construction according to the terms of the covenant noted in Subsection D(1)(a) of this bylaw.
[Added 4-29-1997 ATM by Art. 46]
A.
Purpose. The purpose of this bylaw is to establish
general guidelines for the siting of wireless telecommunication towers
and facilities. The goals of this bylaw are: to minimize the adverse
visual impacts of towers; to avoid damage to adjacent properties;
to lessen impact on surrounding properties; to lessen impact on traffic;
to encourage the location of towers on municipal land; to minimize
the number of towers throughout the community; to require the co-location
of new and existing tower sites; to encourage users of towers and
facilities to locate them, to the extent possible, in areas where
the adverse impact on the community is minimal; to encourage users
of towers and facilities to configure them in a way that minimizes
the adverse visual impact of towers and facilities; and to make available
all wireless telecommunication tower locations to local municipal
agencies.
B.
Permitting. No telecommunication or cellular tower may be erected without first obtaining a special permit from the special permit granting authority (SPGA). The SPGA under this bylaw shall be the Planning Board. Permits shall only be granted in accordance with the procedure for notice hearings, decisions and appeals set forth in Townsend Zoning Bylaw § 145-42 and MGL c. 40A, §§ 9 and 11. Any permit granted hereunder shall lapse within one year if substantial use has not commenced unless satisfactory reasons have been proven to the SPGA.
(1)
Towers shall be allowed in all zoning districts pursuant
to this bylaw.
(2)
Expiration of permit. The special permit granted under
this bylaw shall expire within five years of the date of issuance
of the permit.
(3)
Amendments of existing special permits shall only
require such additional information as pertains to the proposed changes
and information pertaining to changes in the information provided
for the existing special permit.
[Added 1-4-2000 STM by Art. 14]
(4)
Renewals of existing special permits under this bylaw shall not require the resubmission of items specified by § 145-42D and Subsection C of this section unless there has been a substantive change in the information or conditions from that used for the existing special permit, and provided further that a complete application for renewal of the special permit is submitted prior to the expiration of the existing special permit.
[Added 1-4-2000 STM by Art. 14]
C.
Application. An application for a special permit under this bylaw shall be filed utilizing the forms and procedures described in § 145-42 (site plan review special permit) of the Townsend Zoning Bylaw. In addition to the requirements of § 145-42, the following shall also apply:
(1)
The site plan shall be prepared by a professional
engineer and shall include the following minimum requirements:
(a)
Tower location, including guy wires, if any,
and tower height.
(b)
Topography.
(c)
Other feasible sites, including existing sites,
if any.
(d)
Fencing and landscaping.
(e)
Access and parking.
(f)
Lighting.
(g)
Areas to be cleared of vegetation and trees.
(h)
Site boundaries.
(i)
Abutters.
(j)
Eight view lines in a one-mile radius from the
site, shown beginning at true North and continuing clockwise at forty-five-degree
intervals.
(2)
A locus map will be prepared and shall show all streets,
bodies of water, landscape features, historic sites, habitats for
endangered species within 200 feet, and all buildings within 500 feet.
(3)
Reports prepared by one or more professional engineers,
which shall:
(a)
Describe the tower and the technical, economic
and other reasons for the tower design, and the need for the tower
at the proposed location.
(b)
Demonstrate that the tower complies with all
applicable standards of the federal and state governments.
(c)
Describe the capacity of the tower including
the number and type of transmitter receivers that it can accommodate
and the basis for the calculation of capacity.
(d)
Demonstrate that the tower and site comply with
this regulation.
(e)
Describe the wireless telecommunications provider's
master antenna plan, including detailed maps, showing the precise
locations, characteristics of all antennas and towers and indicating
coverage areas for current and future antennas and towers.
(4)
A copy of the requests made by the applicant to the
Federal Aviation Administration (FAA), Federal Communications Commission
(FCC), Massachusetts Aeronautics Commission and the Massachusetts
Department of Public Health to provide a written statement that the
proposed tower complies with applicable regulations administered by
the agency or that the tower is exempt from those regulations and
a copy of the response from each agency. If such response is not received
within 60 days, the application will be considered complete. The applicant
shall send a subsequently received agency statement, if any, to the
Planning Board.
(5)
On-site demonstration. Between plan submittal and
the date of the public hearing, a balloon shall be put in place at
the height of the proposed tower, for not less than 21 days. The balloon
shall be of a size and color that can be seen from every direction
for a distance of one mile. The balloon must be removed within seven
days of the close of the public hearing.
D.
Approval. A site plan review special permit shall
be granted by the Planning Board in accordance with (MGL) Massachusetts
General Law and the provisions of this bylaw relative to special permits.
Any extension, addition of cells or construction of new or replacement
towers or transmitters, other than those already provided for in the
original site plan review, shall be subject to an amendment to the
special permit, following the same procedure as for an original grant
of a special permit.
[Amended 11-29-2005 STM by Art. 33]
E.
Location and site requirements. The tower and its
appurtenances shall be located in accordance with the Federal Communication
Commission (FCC) and the Federal Aviation Administration (FAA) regulations
in effect at the time of construction and further, that the operation
shall comply with all requirements of these agencies during the entire
period of operation. In addition, the tower and its facilities shall
be located within the Town of Townsend as follows:
(1)
All wireless communication towers and facilities shall
be sited on municipal land or in church steeples whenever feasible.
(2)
New towers shall be considered only upon a finding
by the Planning Board that existing or approved towers cannot accommodate
the wireless communication equipment planned for the proposed tower.
(3)
To the extent feasible all service providers shall
co-locate on a single tower. Towers and accessory buildings shall
be designed to structurally accommodate the maximum number of users.
(4)
Irrespective of the requirements of the Land Space
Requirements Table,[1] the setback from property lines shall be a minimum of
a distance at least equal to the height of the tower.
[1]
Editor's Note: The Land Space Requirements Table is included at the end of this chapter.
(5)
Setback from designated wetlands, water bodies and
areas with a slope in excess of 5% shall be at least 100 feet.
(6)
Distance from all existing buildings shall be at least
500 feet.
(7)
Fencing shall be provided to control access to the
base of the tower which fencing shall be compatible with the scenic
character of the Town and shall not be of barbed wire or razor wire.
(8)
Access shall be provided to a site by a roadway that
respects the natural terrain, does not appear as a scar on the landscape,
and is approved by the Planning Board and the Fire Chief to assure
emergency access at all times.
(9)
Consideration shall be given to design that minimizes
erosion; construction on unstable soils; and steep slopes.
(10)
The applicant shall demonstrate to the satisfaction
of the Planning Board that the location of the tower is necessary
and that the size and height is the minimum necessary for the purpose.
(11)
There shall be no signs, except for announcement signs, no trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform to the sign requirements of Townsend Zoning Bylaw Article X, and shall be subject to conditions of the site plan review special permit.
(12)
Accessory uses shall be limited to one structure
per use per tower, but shall not exceed 10 structures per tower. If
more than one use, the accessory buildings shall be connected by a
common wall. Each structure shall not exceed 400 square feet in size
and 10 feet in height, and shall be of the same design and color.
(13)
To the extent feasible all network interconnections
(from and to) the communications site shall be installed underground.
(14)
The tower shall minimize adverse visual effect
on the environment and the people of Townsend. The Planning Board
may impose reasonable conditions to ensure this result, including,
but not limited to: painting, lighting standards and screening.
(15)
Clearing shall be performed in a manner that
will maximize preservation of natural beauty and conservation of natural
resources, which will minimize marring, and scarring of the landscape
or silting of streams.
(a)
The time and method of clearing rights-of-way
should take into account soil stability, the protection of natural
vegetation, the protection of adjacent resources, such as the protection
of natural habitat for wildlife, and appropriate measures for the
prevention of silt deposition in watercourses.
(b)
Clearing of natural vegetation should be limited
to that material which poses a hazard to the tower.
(c)
The use of "brush blades" instead of dirt blades
on bulldozers is recommended in clearing operations where such use
will preserve the cover crop of grass, low growing brush or other
vegetation.
(d)
Areas should be cleared only when necessary
to the operation, maintenance, and construction of the tower.
F.
Development requirements. Visual impacts of the tower
shall be minimized.
(1)
The applicant shall demonstrate that the proposed
tower is no higher than necessary to accommodate transmitters and
receivers.
(2)
All towers shall be monopole in type.
(3)
Silver paint or a galvanized finish shall be used
on the tower above the tree line to blend with the landscape. Green
paint to blend with the landscape shall be used to the tree line.
A cellular tower constructed within 100 feet of a residential district
shall be camouflaged.
(4)
Night lighting of towers shall be prohibited unless
required by the Federal Aviation Administration. Lighting shall be
limited to that needed for emergencies and/or as required by the FAA.
(5)
Siting shall be such that the view of the tower from
other areas of Town shall be as minimal as possible.
(6)
Shared use of towers is to be encouraged. When technically
not practical, towers shall be separated on the site so that, if the
support structure of one falls, it will not strike another.
(7)
The tower shall be designed to accommodate the maximum
number of uses technologically practical.
(8)
There shall be a minimum of one parking space for
each tower, to be used in connection with the maintenance of the tower
and the site, and not to be used for the permanent storage of vehicles.
G.
Conditions of use. Any tower or facility that is not
operated for a continuous period of 12 months shall be considered
abandoned. The owner of such tower and facility shall remove the same
within 90 days of receipt of notice from the governing authority notifying
the owner of such abandonment.
H.
Performance guaranties.
(1)
Insurance in a reasonable amount determined and approved
by the Planning Board after consultation at the expense of the applicant
with one or more insurance companies shall be in force to cover damage
from the structure, damage from transmissions and other site liabilities.
Annual proof of said insurance shall be filed with the Town Clerk.
(2)
An initial bond shall be posted to cover construction
costs and an annual maintenance bond shall be posted for the access
road, site and tower(s) will be posted in an amount approved by the
Planning Board.
(3)
Annual certification demonstrating continuing compliance
with the standards of the Federal Communications Commission and the
Federal Aviation Administration shall be filed with the Building Inspector
by the special permit holder.
(4)
An initial cash bond in a reasonable amount determined
and approved by the Planning Board shall be in force to cover removal
of the tower when discontinued or obsolete.
(5)
Failure to post an approved bond and/or provide proof
of insurance shall be grounds to revoke the site plan review special
permit.
I.
Exemptions. Exempted under this bylaw are private,
noncommercial amateur radio operator (HAM) radio or CB towers used
in accordance with the terms of any amateur radio service license
issued by the Federal Communications Commission (FCC). These towers
are still subject to the following conditions:
J.
Waivers.
(1)
The Planning Board may waive strict adherence to sections of this bylaw if it finds that the safety and well-being of the public will not be adversely affected by such a waiver. For each waiver granted, the Planning Board will make a written record indicating that the proposed tower meets the purpose (Subsection A) of this bylaw.
(2)
All requests for waivers shall be made in writing
on a separate sheet (or sheets) of paper and be attached to the site
plan review special permit application and be presented at the time
of the initial application.
(3)
Requests for waivers shall indicate the section number
and the reason the applicant needs the waiver along with any documentation
to support the request.
(4)
The Planning Board will grant requests for waivers
only upon a four-fifths majority vote. Each request shall be voted
on separately. The applicant shall have the right to withdraw the
request at any time prior to the actual vote. Once a request for a
waiver is withdrawn it may not be presented again for a period of
year.
(5)
Requests for more than three waivers, including, in
the case of an amendment or renewal, any waivers previously granted
for the existing or any predecessor permits, will indicate to the
Planning Board the following:
[Amended 1-4-2000 STM by Art. 14]
K.
Invalidation. If any portion of this bylaw is declared
to be invalid, the remainder shall continue to be in full force and
effect.
[Added 4-29-1997 ATM by Art. 45]
A.
Purpose. This bylaw is intended to reduce the problems
created by improperly designed and installed outdoor lighting. It
is intended to eliminate glare, minimize light trespass and sky glow,
reduce energy use of outdoor lighting by limiting the area that certain
outdoor lighting fixtures can illuminate in the Town of Townsend.
B.
DIRECT LIGHT
FIXTURE
FLOOD OR SPOT LIGHT
GLARE
HEIGHT OF LUMINAIRE
LAMP
LIGHT TRESPASS
LUMEN
LUMINAIRE
OUTDOOR LIGHTING
TEMPORARY OUTDOOR LIGHTING
Definitions. For the purposes of this bylaw, terms
used shall be defined as follows:
Light emitted directly from the lamp, off of the reflector
or reflector diffuser or through the refractor or diffuser lens of
a luminaire.
The assembly that houses the lamp or lamps and can include
all or some of the following parts: a housing, a mounting bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror, or
a refractor or lens.
Any light fixture or lamp that incorporates a reflector or
a refractor to concentrate the light output into a directed beam in
a particular direction.
Light emitting from a luminaire with an intensity great enough
to reduce a viewer's ability to see and in extreme cases causing momentary
blindness.
The vertical distance from the ground directly below the
center line of the luminaire to the lowest direct light emitting part
of the luminaire.
The component of a luminaire that produces the actual light.
The shining of light produced by a luminaire beyond the boundaries
of the property on which is it located.
A unit of luminous flux. One footcandle is one lumen per
square foot. For the purposes of this bylaw the lumen output values
shall be the initial lumen output ratings of a lamp.
A complete lighting system including a lamp or lamps and
a fixture.
The illumination of an outside area or object by any man-made
device located outdoors that produces light by any means.
The specific illumination of an outside area or object by
any man-made device located outdoors that produces light by any means
for a period of less than seven days with at least 180 days passing
before the device is used again.
C.
Regulations. All luminaires for private outdoor lighting
installed in the Town of Townsend shall be in conformance with the
requirements established by this bylaw.
(1)
The luminaire shall emit no direct light above a horizontal
plane through the lowest direct light emitting part of the luminaire.
(2)
The luminaire shall be mounted at a height in feet
equal to or less than the value 3 + (D/3) where D is the distance
in feet to the nearest property boundary. The maximum height of the
luminaire may not exceed 25 feet.
D.
Exceptions.
(1)
Any flood or spot luminaire with a lamp or lamps rated
at a total of 900 lumens or less and any other type of luminaire with
a lamp or lamps rated at a total of 1,800 lumens or less may be used
without restriction to light distribution or mounting height except
that if any flood or spot luminaire rated at a total of 900 lumens
or less aims, directs, or focuses direct light toward residential
buildings on adjacent or nearby land or creates glare perceptible
to persons operating motor vehicles on public ways, the luminaire
shall be redirected or its light output controlled as necessary to
eliminate such conditions.
(2)
Luminaires used for roadway illumination may be installed
at a maximum height of 25 feet and may be positioned at that height
up to the edge of any bordering property.
(3)
All temporary lighting needed by the Police Department,
Fire Department or other emergency services as well as all vehicular
luminaires shall be exempt from the requirements of this bylaw.
(4)
All hazard warning luminaires required by government
regulatory agencies are exempt from the requirements of this bylaw
except that all luminaires used must be shown to be as close as possible
to the federally required minimum lumen output requirement for the
specific task.
E.
Nonconforming temporary outdoor lighting. Nonconforming
temporary outdoor lighting may be permitted for a period of up to
seven days upon issuance of a temporary lighting permit by the Building
Inspector.
F.
Outdoor recreational facilities. Illumination of outdoor
recreational facilities (public or private), such as, but not limited
to, football fields, soccer fields, baseball fields, softball fields,
or tennis courts, shall not occur after 11:00 p.m., except to conclude
a scheduled event that was in progress before 11:00 p.m. and circumstances
prevented concluding before 11:00 p.m.
G.
Effective date and grandfathering of nonconforming
luminaires:
H.
Violations, legal actions and penalties.
(1)
Violations and legal actions. If, after investigation,
the Zoning Enforcement Officer finds that any provision of this bylaw
is being violated, he shall give notice by hand delivery or by certified
mail, return receipt requested, of such violation to the owner and/or
to the occupant of such premises, demanding that violation be abated
within 30 days of the date of hand delivery or of the date of receipt
of the notice. If the violation is not abated within the thirty-day
period, the Zoning Enforcement Officer may institute actions and proceedings,
either legal or equitable, to enjoin, restrain or abate any violations
of this bylaw and to collect the penalties for such violations.
I.
Invalidation. If any portion of this bylaw is declared
to be invalid, the remainder shall continue to be in full force and
effect.
[Added 9-9-1997 STM by Art. 8]
A.
Purpose. It is the intent and purpose of this bylaw
to regulate adult use establishments to promote the health, safety
and general welfare of the citizens of Townsend and to guard against
adverse secondary effects on the population of the Town. Furthermore,
it is the intent and purpose to establish reasonable and uniform regulations
to prevent any deleterious location and concentration of adult use
establishments within the Town, thereby reducing the adverse secondary
effects from such adult use establishments. The provisions of this
bylaw have neither the purpose nor effect of imposing limitations
or restriction on the content of any communicative materials. Similarly,
it is not the intent nor effect of this bylaw to restrict or deny
access by adults to sexually oriented materials protected by the First
Amendment, or to deny access by the distributors and exhibitors of
sexually oriented entertainment to their intended market. It is neither
the intent nor effect of this bylaw to condone or legitimize the distribution
of obscene material.
B.
ADULT BOOKSTORE
ADULT CABARET
(1)
(2)
(3)
ADULT MOTION PICTURE THEATER
ADULT PARAPHERNALIA STORE
ADULT RETAIL ESTABLISHMENT
ADULT USE ADVERTISEMENT SIGN
ADULT USE ESTABLISHMENT
ADULT VIDEO STORE
OBSCENE ENTERTAINMENT
SUBSTANTIAL OR SIGNIFICANT PORTION
(1)
(2)
(3)
(4)
(5)
Definitions.
An establishment having as a substantial or significant portion
of its stock in trade, books, magazines, and other matter which are
distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement, or which is obscene
matter or obscene visual material, as these terms are defined in MGL
c. 272, § 31 as amended.
A nightclub, bar, restaurant, tavern, dance hall, or similar
commercial establishment which presents or conducts public showings
of:
Persons who appear in the state of nudity as
defined in MGL c. 272, § 31 as amended; or
Live performances which are characterized by
an emphasis depicting anatomical areas specified as less than completely
and opaquely covered human genitals, pubic region, buttock and female
breast below a point immediately above the top of the areola, and
human genitals in a state of sexual arousal; or relating to sexual
conduct or sexual excitement; or which is obscene matter or obscene
visual material as these terms are defined in MGL c. 272, § 31
as amended; or
Films, motion pictures, video cassettes, slides,
photographic reproductions or any other visual media which are characterized
by the depiction or description of anatomical areas specified as above,
or relating to sexual conduct or sexual excitement or which is obscene
matter or obscene visual material as these terms are defined in MGL
c. 272, § 31 as amended.
An enclosed building for one or more patrons used for presenting
material (including, but not limited to, motion picture films, video
cassettes, cable television, slides, or any other such visual media)
distinguished by an emphasis on matter or visual material depicting,
describing, or relating to sexual conduct or sexual excitement or
which is obscene matter or obscene visual material as these terms
are defined in MGL c. 272, § 31 as amended.
An establishment having as a portion of its stock devices,
objects, tools, or toys which are distinguished by their association
with sexual activity, including sexual intercourse, sexual conduct
or sexual excitement or which is obscene matter or obscene visual
material as these terms are defined in MGL c. 272, § 31
as amended, but not including contraceptives.
An establishment having as a substantial or significant portion
of its stock in trade, books, magazines, pictures, periodicals, motion
picture films, video cassettes, or coin-operated motion picture machines
for sale, barter or rental which are distinguished or characterized
by their emphasis on "matter" or "visual material" depicting, describing
or relating to "sexual conduct," "obscene" matter, or which may be
considered "obscene" as these terms are defined in MGL c. 272, § 31
as amended, or having for sale, rental or barter, any sexual devices
including, but not limited to, devices depicting or representing any
part of the human anatomy, or any other device, primarily designed,
promoted, or marketed for physical stimulation, or the enhancement
thereof, related to "sexual conduct" of any kind as this term is defined
in MGL c. 272, § 31 as amended, including any and all chemical
products, other than prescription drugs, so designed, promoted or
marketed.
An advertising sign or device which advertises an adult use
establishment, adult bookstore, adult video store, adult cabaret,
adult paraphernalia store, or adult motion picture theater and/or
advertises live performances or the trade, rental or sale of material,
distinguished by an emphasis on matter depicting, describing, or relating
to sexual conduct or sexual excitement or which is obscene matter
or obscene visual material as these terms are defined in MGL c. 272,
§ 31 as amended.
Any adult bookstore, adult retail establishment or adult
video store as defined below, or any other establishment having a
portion of its business activity, stock in trade, or other materials
for sale, rental or display, which are distinguished or characterized
by their emphasis on matter depicting, describing, or relating to
sexual conduct as defined in MGL c. 272, § 31 as amended,
including but not limited to the following: any adult cabaret, adult
motion picture theater or adult paraphernalia store as set forth below.
An establishment having as a substantial or significant portion
of its stock in trade - for sale or rent - motion picture films, video
cassettes, and similar audio/visual media, which are distinguished
or characterized by their emphasis depicting, describing, or relating
to sexual conduct or sexual excitement or which is obscene matter
or obscene visual material as these terms are defined in MGL c. 272,
§ 31 as amended.
All entertainment which may be considered "obscene" as this
term is defined by MGL c. 272, § 31 as amended.
The term "substantial or significant portion" as used herein
shall mean any of the following:
Twenty percent or more of the business inventory
or stock of merchandise for sale, rental distribution, or exhibition
during any period of time; or
Twenty percent or more of the annual number
of gross sales, rentals or other business transactions; or
Twenty percent or more of the annual gross business
revenue; or
Twenty percent or more of the hours during which
the establishment is open.
Any advertising, promotion, or other representation
in any quantity by such establishment, including but not limited to
newspaper, magazine, direct mail, or internet ads, that indicates
that the establishment provides sexually oriented entertainment, merchandise,
paraphernalia, etc., by an establishment for which sexually oriented
inventory or stock in trade is less than 20% of the total inventory/stock
in trade.
C.
Zoning district.
(1)
The special regulations itemized in this section are
for the purpose of preventing a concentration of adult use establishments
in any one area of Town; to prevent the associated secondary effects
of such establishments; and to promote the health, safety and welfare
of the citizens of Townsend.
D.
Special permits.
(1)
No adult use establishment shall commence operations
without first applying for and receiving a special permit from the
special permit granting authority.
(2)
The special permit granting authority (SPGA) for the
adult use establishment special permit shall be the Townsend Planning
Board.
(3)
No adult use establishment special permit shall be
granted if any boundary line of the proposed site is located less
than 400 feet from the boundary line of any of the following:
(4)
No adult use establishment special permit shall be
granted if any boundary line of the proposed site is located less
than 1,500 feet from the boundary line of any of the following:
(a)
Another adult use establishment;
(b)
Public or private nursery schools;
(c)
Public or private day-care centers;
(d)
Public or private kindergartens;
(e)
Public or private elementary schools;
(f)
Public or private middle or secondary schools;
(g)
Playgrounds or parks;
(h)
A hotel, motel, motor court or lodging house;
(i)
An establishment selling alcoholic beverages;
(j)
An establishment licensed under MGL c. 138,
§ 12;
(k)
A municipal building or use;
(l)
A cemetery;
(m)
A commercial amusement center or park;
(n)
A hospital or nursing home;
(o)
An historic district as described in Chapter 54, Historic Districts, of the Town of Townsend General Bylaws.
(p)
No permits shall be granted for an adult use
establishment in an area otherwise properly zoned if the specific
location is within a fifteen-hundred-foot radius of an interstate
highway ramp where said ramp intersects with a Town, state, or private
road.
(5)
No adult use establishment special permit shall be
granted if any boundary line of the proposed site is located less
than 300 feet from the boundary line of any of the following:
(a)
A residential zoning district or residence.
(6)
The SPGA shall apply the following criteria in the
granting of a special permit under this section:
(a)
Adult use establishments shall not be allowed
within a building containing any other uses.
(b)
No adult use establishment shall be located
within 100 feet of a public or private way.
(c)
The structure in which adult use establishments
is open to the public shall be limited as follows: adult bookstore,
adult paraphernalia store, adult video store or similar adult use
establishments shall not be open before 9:00 a.m. nor later than 9:00
p.m.; adult motion picture theater, adult cabaret club and similar
adult use establishments shall not be open before 4:00 p.m. nor later
than 11:00 p.m.
(d)
No adult use establishment may have visible
from the exterior of the premises any flashing lights.
(e)
At all times when an adult entertainment establishment
is open for business, the entire area of the premises must be continually
illuminated to the degree of not less than one footcandle measured
30 inches from the floor except those portions of the room covered
by furniture.
(f)
The sale, dispensing or consumption of alcoholic
beverages is prohibited on a premises where an adult use establishment
exists.
(g)
There shall be no more than one adult use establishment
permit for up to 30,000 residents of Town as listed in the latest
federal census. A second adult use establishment permit shall not
be issued until there are more than 30,000 residents in the Town as
listed in the latest federal census.
(h)
No adult use establishment permit shall be allowed
to display for advertisements or other purpose, any signs, placards
or other like materials to the general public on the exterior of the
building, or on the interior through glass or other like transparent
material.
(i)
No one under the age of 18 years of age shall
be allowed on the premises.
(j)
Obscene merchandise or services shall not be
available for use, rent, or sale.
(k)
No one, including employees and patrons, shall
be permitted on the premises while such person is unclothed or in
such state of attire as may be considered "nudity" as that term is
defined in MGL c. 272, § 31, as amended, except an entertainer
hired by the owner thereof.
(l)
For the first year of a new adult use establishment
permit, two uniformed police officers shall be on duty, at the expense
of the owner, at any establishment where live entertainment takes
place. At the end of this one-year period, the number of uniformed
police officers required shall be based upon a written recommendation
to the Planning Board by the Chief of Police. However, at no time
shall there be less than one uniformed police officer on duty.
(m)
No hostess or other employees or persons may
mingle with the patrons, while such hostess or other person is unclothed
or in such state of attire as may be considered "nudity" as this term
is defined in MGL c. 272, § 31, as amended.
(n)
No person shall be employed or permitted to
perform an act or acts, or to simulate an act or acts of "sexual conduct"
or engage in any activity which may be considered causing or encouraging
a state of "sexual excitement" as defined in MGL c. 272, § 31,
as amended.
(o)
The permitted uses specifically exclude disseminating
or offering to disseminate adult material or matter to minors or suffering
minors to view displays of such matter or material.
(p)
Entertainers are required to remain in a designated
area such as a stage during performances and are prohibited from mingling
with patrons during their performances.
(q)
All entertainers shall register their "stage"
name, legal name, social security number and address with the Town
of Townsend Chief of Police.
(7)
No special permit for an adult use establishment shall
be issued to any person convicted of violating MGL c. 119, § 63
as amended, or MGL c. 272, § 28 as amended nor may any person
convicted of such violations be employed or contracted to work in
a managerial, supervisory, or directorial role for such establishment,
nor may any such person be a partner.
(8)
An applicant for a special permit to operate an adult use establishment must file an application on a form approved by the SPGA per requirements in § 145-65C of these Zoning Bylaws. Such form shall require any information required by the SPGA, but shall include as a minimum:
(a)
Name, address, home and business telephone numbers
and social security numbers of the legal owner(s) of the establishment;
(b)
Name, address, home and business telephone numbers
and social security numbers of all persons having lawful, equity of
security interests in the establishment;
(c)
Name, address, home and business telephone numbers
and social security numbers of all manager(s), assistant managers,
and other supervisory personnel;
(d)
The number of proposed employees, including
performers;
(e)
Proposed security precautions, including fire
suppression.
(f)
Physical layout of the premises in a format
established by the SPGA; but no less than a scale drawing by a registered
engineer or architect.
(g)
The exact use(s) to be made of the premises.
(h)
Any information that may be required to perform
lawful background checks on any of the individuals listed above. The
SPGA is permitted but not required to have such checks performed.
(10)
Renewal.
(a)
An application for renewal of a special permit
for the operation of an adult use establishment must be made prior
to the expiration of the previously granted permit. Any application
made after the expiration of the special permit shall be treated as
a new application.
(b)
No adult use establishment may operate after
the expiration of its special permit. Violations of this provision
are grounds for denial of renewal.
(c)
For the purposes of renewal only, the following requirements of this Subsection D are waived if the relevant other establishment, use, or way came into being after the issuance of the original special permit for operation of an adult use establishment (where "original" means the most recent permit issued that was not a renewal).
[2]
Subsection D(4)(b), (c), (d), (g), (h), (i), (j), (l), (m), (n), (o) and (p), except that these provisions shall not be waived if the other establishment is publicly owned or if any owner of the adult use establishment seeking the renewal has any interest (equity or otherwise) in the other establishment.
E.
Site plan review.
(1)
Adult use establishments require site plan approval
from the Town of Townsend Planning Board.
(2)
The application for site plan approval for an adult use establishment must be filed per §§ 145-42 and 145-65 of the Townsend Zoning Bylaws on the "special permit for site plan review" form approved by the Planning Board. Such form shall contain any information required by the Planning Board, but shall include as a minimum all information required of the special permit to operate an adult use establishment as specified in Subsection D(8).
(3)
Adult use establishments may be permitted under this
section only on lots not less than three times the lot size required
in the Industrial (ID) Zone per the Land Space Requirements Table.[1] However, in no case shall the lot be less than 135,000
square feet.
[1]
Editor's Note: The Land Space Requirements Table is included at the end of this chapter.
(4)
The Planning Board shall determine that the proposed
site will meet, or be altered to meet, all provisions of this Zoning
Bylaw including coverage, densities, buffer areas and parking requirements.
(5)
Additional requirements.
(a)
Appearance of buildings for adult uses shall
be consistent with the appearance of buildings in similar (but not
specifically "adult") uses in Townsend, and shall not employ unusual
color, graphics, lighting or building design which would attract attention
to the premises.
(b)
There shall be a minimum yard depth of 100 feet
for front, rear, and side yards.
(c)
There shall be a minimum 60 feet of landscape
buffer of dense shrubbery on the rear, side and front yards as prescribed
by the Planning Board, specifically designed to minimize the impact
of the adult use establishment on abutting properties and the general
public.
(d)
No adult use establishment may have visible,
from outside the establishment, any flashing or moving lights.
(e)
The adult use advertisement sign may only be
located on the building in which the adult use establishment is operating.
The sign may only contain the name of the adult use establishment
and the hours of operation.
(f)
No adult use establishment shall erect a freestanding
sign, nor may any such establishment advertise on a freestanding accessory
sign.
(g)
No adult use advertisement sign may contain
any moving, flashing, or animated lights, or visible moving or movable
parts, or changeable type.
(h)
Appropriate fencing to restrict public access
to the adjacent properties is required.
(i)
Lighting of the exterior of the building and parking lot to reduce congestion, improve public safety and increase visibility for public safety is required, as specified by the Planning Board using criteria found in Town of Townsend Zoning Bylaws § 145-52, Outdoor lighting.
(j)
The parking area and all the driveways or other
areas that accommodate vehicles must be paved as specified by the
Planning Board.
F.
Noncompliance.
(1)
Noncompliance with any of the conditions of the special
permit or of any Town of Townsend Zoning Bylaw, or of any state law,
shall be deemed to be a violation of the special permit. If more than
two violations occur within 180 days of each other, suspension of
all special permits and licenses granted shall occur for a period
of 180 days following a public hearing by the SPGA.
(2)
Repeated abuses (more than two public hearings in
two years, not counting any hearing at which the hearing board finds
that all accusations are without merit) shall result in complete revocation
of permits and licenses following a public hearing by the SPGA. If
such a revocation occurs, the applicant must wait five years before
reapplying for an adult use establishment special permit.
G.
Severability. If any provision of this bylaw or the
application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions of the bylaw, or
the application of such other provisions which can be given effect
without the invalid provision or application thereof.
[Added 4-28-1998 ATM by Art. 33]
A.
Purpose of district. The purpose of this Groundwater
Protection District is to:
(1)
Promote the health, safety, and general welfare of
the community by ensuring an adequate quality and quantity of drinking
water for the residents, institutions, and businesses of the Town
of Townsend;
(2)
Preserve and protect existing and potential sources
of drinking water supplies;
(3)
Conserve the natural resources of the Town; and
(4)
Prevent temporary and permanent contamination of the
environment.
B.
Scope of authority. The Groundwater Protection District is an overlay district superimposed on the zoning districts. The Groundwater Protection District shall be defined as the recharge areas identified as Zone II and Zone III, as delineated on a map entitled “Groundwater Protection Overlay Map,” dated April 1998 a map entitled “Zone II Delineation, Witches Brook Wells,” dated June 1999 and a map entitled “Harbor Trace Well, Townsend, Massachusetts,” dated November 2004 and endorsed by the Department of Environmental Protection on March 31, 2006. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses as set forth in Subsection F. Applicable activities or uses in a portion of one of the underlying zoning districts which fall within the Groundwater Protection District must additionally comply with the requirements of this district. Uses that are prohibited in the underlying zoning districts shall not be allowed in the Groundwater Protection District.
[Amended 5-2-2000 ATM by Art. 19; 5-4-2010 ATM by Art.
25]
C.
Establishment and delineation of Wellhead Protection District. For the purposes of this district, there are hereby established within the Town certain wellhead and groundwater protection areas, consisting of aquifers or recharge areas which are delineated on maps. These maps are identified in Subsection B. These maps are hereby made a part of the Townsend Zoning Bylaw and are on file in the office of the Town Clerk.
[Amended 5-2-2000 ATM by Art. 19]
D.
AQUIFER
GROUNDWATER PROTECTION DISTRICT
IMPERVIOUS SURFACE
MINING
POTENTIAL DRINKING WATER SOURCES
RECHARGE AREAS
TOXIC OR HAZARDOUS MATERIAL
ZONE I
ZONE II
ZONE III
Definitions. For the purposes of this section, the
following terms are defined below:
Geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
The zoning district defined to overlay other zoning districts
in the Town of Townsend and includes specifically designated recharge
areas.
Material or structure on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly
into the soil.
The removal or relocation of geologic materials such as topsoil,
sand, gravel, metallic ores, or bedrock.
Areas which could provide significant potable water in the
future.
Areas that collect precipitation or surface water and carry
it to aquifers. Recharge areas may include areas designated as Zone
I, Zone II, or Zone III.
Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual, or potential hazard
to water supplies or other hazards to human health if such substance
or mixture were discharged to land or water in the Town of Townsend.
Toxic or hazardous materials include, without limitation: synthetic
organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkalis, and all substances defined as
toxic or hazardous under MGL c. 21C and 21E and 310 CMR 30.00, and
also include such products as solvents and thinners in quantities
greater than normal household use.
The four-hundred-foot protective radius around a public water
supply well.
The area of an aquifer which contributes water to a well under the most severe recharge and pumping conditions that can be realistically anticipated (180 days of pumping at safe yield with no recharge from precipitation), as defined in 310 CMR 22.00, and as drawn on the maps identified in Subsection B.
[Amended 5-2-2000 ATM by Art. 19]
The land area beyond Zone II from which surface water and groundwater drain into Zone II, as defined in 310 CMR 22.00, and as drawn on the maps identified in Subsection B.
[Amended 5-2-2000 ATM by Art. 19]
E.
District boundary disputes. If the location of the
district boundary in relation to a particular parcel is in doubt,
resolution of boundary disputes shall be through a special permit
application to the Zoning Board of Appeals. Any application for a
special permit for this purpose shall be accompanied by adequate documentation.
The burden of proof shall be upon the owner(s) of the land to show
where the bounds should be located. The Zoning Board of Appeals will
engage at the request of the owner(s), or at the discretion of the
Zoning Board of Appeals, a professional engineer, hydrologist, geologist,
or soil scientist to determine more accurately the boundaries of the
district with respect to individual parcels of land, and may charge
the owner(s) for the cost of the investigation. The determination
of the location and extent of Zones II and III shall be in conformance
with the criteria set forth in 310 CMR 22.00, in the DEP's Guidelines
and Policies for Public Water Systems, and approved by the Department
of Environmental Protection.
F.
Use regulations. These regulations shall not apply
to existing structures or uses in the Groundwater Protection District,
but shall apply to any change of use or substantial extension of such
use and to any new construction or substantial expansion of existing
buildings. In the Groundwater Protection District the following regulations
shall apply:
(1)
Allowed uses.
(a)
Zone I. Only uses related to the operation and
maintenance of the public water supply are allowed in the Zone I defined
in 310 CMR 22.00.
(b)
Zones II, III. The following uses are allowed
within the remainder of the Groundwater Protection District, provided
that all necessary permits, orders, or approvals required by local,
state, or federal law are also obtained:
[1]
Conservation of soil, water, plants, and wildlife;
[2]
Outdoor recreation, nature study, boating, fishing,
and hunting where otherwise legally permitted;
[3]
Foot, bicycle and/or horse paths, and bridges;
[4]
Normal operation and maintenance of existing
water bodies and dams, splash boards, and other water control, supply
and conservation devices;
[8]
Construction, maintenance, repair, and enlargement
of drinking water supply related facilities such as, but not limited
to, wells, pipelines, aqueducts, and tunnels.
(2)
Prohibited uses. The following uses are prohibited
in all of the district.
(a)
Landfills and open dumps as defined in 310 CMR
19.006;
(b)
Automobile graveyards and junkyards, as defined
in MGL c. 140B, § 1;
(c)
Individual sewage disposal systems that are
designed in accordance 310 CMR 15.00 to receive more than 110 gallons
of sewage per quarter acre under one ownership per day, or 440 gallons
of sewage on any one acre under one ownership per day, whichever is
greater, provided that:
[1]
The replacement or repair of a system, which
will not result in an increase in design capacity over the original
design, or the design capacity of 310 CMR 15.00, whichever is greater,
shall be exempted;
[2]
In cluster subdivisions the total sewage flow
allowed shall be calculated based on the number of percable lots in
the entire parcel;
(d)
Facilities that generate, treat, store, or dispose of materials as defined in this bylaw, Subsection D, toxic or hazardous material, except for the following:
[1]
Very small quantity generators as defined under
310 CMR 30.00;
[2]
Household hazardous waste centers and events
under 310 CMR 30.00;
[3]
Waste oil retention facilities required by MGL
c. 21, § 52A;
[4]
Water remediation treatment works approved by
DEP for the treatment of contaminated ground or surface waters;
(e)
Storage of liquid petroleum products, except
the following:
[1]
Normal household use, normal outdoor maintenance,
and heating of a structure;
[2]
Waste oil retention facilities required by statute,
rule, or regulation;
[3]
Emergency generators required by statute, rule,
or regulation;
[4]
Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters; provided that such storage, listed in Subsection F(2)(e)[1] through [4] above, is in freestanding containers within buildings, or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity.
(f)
Storage of sludge and septage;
(g)
Storage of de-icing chemicals, or mixtures,
unless such storage, including loading areas, is within a structure
designed to prevent the generation and escape of contaminated runoff
or leachate;
(h)
Storage of animal manure unless covered or contained
in accordance with the specifications of the Natural Resource Conservation
Service and the Townsend Board of Health Manure Management requirements;
(i)
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) within seven feet of historical high groundwater (as determined in accordance with Townsend Zoning Bylaw § 145-46, Earth removal) except for excavations for building foundations, roads, or utility works;
(j)
Treatment or disposal works subject to 314 CMR
5.00, for wastewater other than sanitary sewage, except for the following:
[1]
The replacement or repair of an existing treatment
works that will not result in a design capacity greater than the design
capacity of the existing treatment works;
[2]
Treatment works approved by the Department of
Environmental Protection designed for the treatment of contaminated
groundwater;
[3]
Sewage treatment facilities in those areas with
existing water quality problems when it has been demonstrated to both
the Department of Environmental Protection's and the Board of Health's
satisfaction that these problems are attributable to current septic
problems and that there will be a net improvement in water quality.
(k)
Stockpiling and disposal of snow, ice and sand
containing de-icing chemicals if brought in from outside the Groundwater
Protection District;
(l)
Storage of commercial fertilizers, as defined
in MGL c. 128, § 64, unless such storage is within a structure
designated to prevent the generation and escape of contaminated runoff
or leachate;
(m)
The use of septic system cleaners which contain
toxic or hazardous chemicals;
(n)
Storage of hazardous materials, as defined in Townsend Zoning Bylaw § 145-54D, toxic or hazardous material;
(o)
Industrial and commercial uses which discharge
process wastewater on site.
(3)
Uses and activities requiring a special permit. The
following uses and activities are allowed only in Zones II and III
and only if allowed in the underlying zoning district and only upon
the issuance of a special permit by the Zoning Board of Appeals under
such conditions as they may require:
(a)
Enlargement or alteration of existing uses that do not conform to the Groundwater Protection District, subject to MGL c. 40A, § 9 and 310 CMR § 21 and Townsend Zoning Bylaws Article XI, Appeals, Special Permits and Variances, and Article V, Nonconforming Uses.
[Amended 5-7-2002 STM by Art. 18; 10-21-2003 STM by Art.
34]
(b)
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, allowed in the underlying zoning [except as prohibited under Subsection F(2)].
(c)
Any use that will render impervious more than
15% or 2,500 square feet of any lot, whichever is greater. A system
for groundwater recharge must be provided which does not degrade groundwater
quality. For nonresidential uses, recharge shall be by stormwater
infiltration basins or similar system covered with natural vegetation,
and dry wells shall be used only where other methods are not feasible.
For all nonresidential uses, all such basins and wells shall be preceded
by oil, grease, and sediment traps to facilitate removal of contamination.
Such traps must be approved by the Hazardous Waste Coordinator and
the Board of Health. Any and all recharge areas shall be permanently
maintained in full working order by the owner.
(d)
The application of pesticides, including herbicide,
insecticides, fungicides, and rodenticides, for non-domestic or non-agricultural
uses in accordance with state and federal standards. If applicable,
the applicant will provide documentation of compliance with a yearly
operating plan (YOP) for vegetation management operations under 333
CMR 11.00 or a Department of Food and Agriculture approved pesticide
management plan or integrated pest management (IPM) program under
333 CMR 12.00;
(e)
The application of fertilizers for non-domestic
or non-agricultural uses. Such applications shall be made in a manner
so as to minimize adverse impacts on groundwater due to nutrient transport,
deposition, and sedimentation;
(f)
The construction of dams or other water control
devices, ponds, pools or other changes in water bodies or courses,
created for swimming, fishing, or other recreational uses, agricultural
uses or drainage improvements. Such activities shall not adversely
affect water quality or quantity.
G.
Procedures for issuance of special permit.
(1)
The special permit granting authority (SPGA) under
this bylaw shall be the Zoning Board of Appeals. The SPGA shall not
grant a special permit under this section unless the petitioner's
application materials include, in the SPGA's opinion, sufficiently
detailed, definite, and credible information to support positive findings
in relation to the standards given in this section. The SPGA shall
document the basis for any departures from the recommendations of
the other Town boards or agencies in its decision.
(2)
The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Subsection F of this section and § 145-65F of the Townsend Zoning Bylaws. The proposed use must:
(a)
In no way, during construction or thereafter,
adversely affect the existing or potential quality or quantity of
water that is available in the Groundwater Protection District;
(b)
Be designed to avoid substantial disturbance
of the soils, topography, drainage, vegetation, and other water-related
natural characteristics of the site to be developed.
(3)
The applicant shall file the requisite number of plans
and attachment copies as specified in the SPGA's rules and regulations.
The plans shall be drawn at a proper scale as determined by the SPGA
and be stamped by a professional engineer. All additional submittals
shall be prepared by qualified professionals. The plans and attachments
shall, at a minimum, include the following information where pertinent:
(a)
A complete list of chemicals, pesticides, herbicides,
fertilizers, fuels, and other potentially hazardous materials to be
used or stored on the premises in quantities greater than those associated
with normal household use;
(b)
For those activities using or storing such hazardous
materials, a hazardous materials management plan shall be prepared
and filed with the Hazardous Waste Coordinator and Board of Health.
The plan shall include:
[1]
Provisions to protect against the discharge
of hazardous materials or wastes to the environment due to spillage,
accidental damage, corrosion, leakage, or vandalism, including spill
containment and cleanup procedures;
[2]
Provisions for indoor, secured storage of hazardous
materials and wastes with impervious floor surfaces;
[3]
Evidence of compliance with the regulations
of the Massachusetts Hazardous Waste Management Act 310 CMR 30, including
obtaining an EPA identification number from the Massachusetts Department
of Environmental Protection.
[4]
Proposed down-gradient location(s) for groundwater
monitoring well(s), should the SPGA deem the activity a potential
groundwater threat.
H.
Violation.
(1)
Written notice of any violations of this section shall be given by the Zoning Enforcement Officer pursuant to Townsend Zoning Bylaw Article XIII, Enforcement and Penalties. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Town Clerk.
(2)
The cost of containment, cleanup, or other action
of compliance shall be borne by the owner and operator of the premises.
I.
Severability. Determination that any portion or provision
of this Groundwater Protection District Bylaw is invalid shall not
invalidate any other portion or provision thereof, nor shall it invalidate
any special permit previously issued thereunder.
[Added 5-8-2021 ATM by Art. 23]
A.
Purpose.
The purpose of this section is to provide for a variety of housing
types, settings, and residential services to meet the needs of people
as they age.
B.
Applicability.
(1)
In a Residential Aquifer District (RA), Residential B District (RB), Commercial District (C), Neighborhood Commercial District (NCD), Downtown Commercial District (DCD), or Outlying Commercial District (OCD), the Planning Board may grant a special permit for an age-restricted development in accordance with this § 145-54.1 on any tract of land meeting the following requirements.
(2)
An age-restricted development is intended for people age 55 or over.
As such, buildings and site improvements in an age-restricted development
shall provide for guest parking, public meeting areas, and universal
design in accordance with the provisions of this section.
C.
Basic
requirements.
(1)
An age-restricted development shall comply with the following density
regulations:
Use
|
Maximum Density
|
Maximum Building Height
(feet)
|
---|---|---|
Cottage dwellings or two-family dwellings
|
4 units/acre
|
32
|
Townhouse dwellings
|
8 units/acre
|
32
|
(2)
Dwelling units can be attached, detached or any combination of these
types.
(3)
Buildings shall comply with a minimum setback of 20 feet from other
structures in the development.
(4)
For cottage dwellings, two-family dwellings, and townhouses, the
minimum setback shall be 30 feet from all property lines in RA and
RB Districts unless the Planning Board determines that a reduced setback
is necessary to achieve the purposes of this section and will not
have a detrimental impact on the neighborhood.
(5)
Nothing in this section shall preclude the Planning Board from reducing
or waiving minimum setback requirements between buildings or internal
lots created within the age-restricted development upon demonstration
of the applicant of just cause.
(6)
No dwelling unit in an age-restricted development shall have more
than two bedrooms.
(7)
The minimum common open space in the development shall be 30% of
the lot area, and not more than 25% of the required minimum common
open space shall consist of wetlands. The upland open space shall
be contiguous and usable by residents of the development. A permanent
conservation restriction running to or enforceable by the Town shall
be recorded for the common open space area and shall include restrictions
that the land be retained in perpetuity for conservation or passive
recreation.
D.
Age-appropriate
design. An age-restricted development shall be designed to provide
housing options in a setting that encourages and supports aging in
community. Units must be accompanied by common meeting areas, guest
parking, and be designed for people as they age. At minimum, these
terms mean that an age-restricted development shall have the following
features:
(1)
Cottage, two-family, and townhouse units shall provide for:
(a)
At least one zero-step entrance;
(b)
Doorways with a thirty-six-inch clear passage space;
(c)
Master bedroom and an accessible en suite bathroom located on the
same floor as the kitchen, living room, and dining room, all being
on the same floor as the zero-step entrance;
(d)
Master bedroom and en suite bathroom designed and equipped for seniors
and people with mobility impairments; and
(e)
Parking.
(2)
Outdoor facilities, such as walkways, gardens, and recreation areas,
shall be designed for universal access.
E.
Development
standards. As part of the Planning Board's special permit review process,
the Board shall evaluate the proposed age-restricted development for
conformance to the following minimum design standards:
(1)
Architectural planning and design shall incorporate energy efficient
design techniques, such as natural heating and cooling systems, use
of sun and wind energy generation systems, and so forth.
(2)
Structures located near the project property lines shall be designed
and located in a manner that reflects consistency and compatibility
with neighboring areas, and shall include appropriate use of building
density, heights, and design to minimize any intrusion on neighbors.
(3)
Outdoor recreation or gathering areas, particularly those that may
generate significant noise and/or light and glare, shall be located
to minimize intrusion on neighboring properties.
(4)
Structures shall be clustered to reduce site disturbance and protect
open spaces as well as naturally and environmentally sensitive areas.
(5)
Building design shall avoid use of long, unbroken facades, and shall
include use of balconies, offset walls, trellises and other design
elements to provide visual interest.
(6)
Building design, colors, and materials shall generally correspond
to the natural setting of the project site and to any prevalent design
styles that may occur in neighborhoods within the general project
area.
(7)
The developer has applied for and received a stormwater management permit from the Planning Board in accordance with the Town's General Bylaw Chapter 85, NPDES Phase II Stormwater Management. Adequate provision will be made for the disposal of sewage, waste, and drainage in accordance with the requirements of the Board of Health.
F.
Procedures.
(1)
The special permit application, public hearing, and decision procedures shall be in accordance with § 145-65 of this Zoning Bylaw.
(2)
The applicant shall submit an age-restricted development special
permit application together with the size, form, number, and contents
of the required plans and any supplemental information as required
in the Planning Board's Rules and Regulations.