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ARTICLE I. ADMINISTRATION AND PROCEDURE
ARTICLE I. ADMINISTRATION AND PROCEDURE
1100. PURPOSE The purpose of this By-Law is to promote the health, safety, convenience, morals and welfare of the Town of Adams as authorized by the General Laws of the Commonwealth of Massachusetts, Chapter 40A, and any amendments thereof.
12l0. This bylaw shall be enforced by the Building Inspector who shall take such action as may be necessary to enforce full compliance with the provisions of this Bylaw and of permits and variances issued hereunder, including notification of non-compliance and request for legal action through the Selectmen to the Town Counsel. Amended May 29, 1979 - Annual Town Meeting - Article 56B Approved By Attorney General October 9, 1979
1220. Buildings, structures, or signs may not be erected, substantially altered, or moved, and land or structures may not be changed in use without certification by the Building Inspector that such action is in compliance with then applicable zoning, or without review by him regarding whether all necessary permits have been received from those government agencies from which approval is required by federal, state, or local law. Issuance of a Building Permit or Certificate of Use and Occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification. Amended May 29, 1979 - Annual Town Meeting - Article 56B Approved by Attorney General October 9, 1979
1230. Submissions All applications for activities referenced in this by-law shall be submitted to the Community Development Department for review by the Building Inspector. The Building Inspector will review applications for completeness and conformance with the By-law. Submission requirements are referenced below: A. Building Permits Applications shall be accompanied by three prints of a plan of the lot, drawn to scale, showing the actual dimensions of the lot, the exact location and size of any existing or proposed buildings, the distance of each to all lot lines and showing streets and ways adjacent to the lot. Also required are three sets of construction plans showing sufficient detail to determine compliance with the building code. B. Fill and Grading Permits All proposed grading, filling and soil removal activity must be reviewed with the Building Inspector. Plan submission requirements to accompany applications are provided in Section 3422 paragraph D. C. Planned Development Plan submission requirements to accompany applications are provided in Section 4430. D. Planned Resort Special Permit Plan submission requirements to accompany applications are provided in Sections 4942, 3700 and in the Adams Subdivision Control Law regulations. E. Special Permits and Variances Plan submission requirements to accompany applications for hearing before the special permit granting authority (Planning Board or Zoning Board of Appeals) are provided in Section 3710 A-D. F. Site Plan Review Plan submission requirements to accompany applications to the Planning Board are provided in Section 3710 A-D. Activities requiring the preparation of a site plan are listed in Section 3740." Amended May 29, 1979 - Annual Town Meeting - Article 56B Approved by Attorney General October 9, 1979 Amended May 27, 1986 - Annual Town Meeting - Article 50 Approved by Attorney General July 29, 1986 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
1240. Following thirty days notice of such violation, any person violating any of the provisions of this bylaw, any conditions under which a permit is issued, or any decision rendered by the Board of Appeals may be fined not more than $50.00 for each offense. Each day that such violation continues shall constitute a separate offense. Amended May 29, 1979 - Annual Town Meeting - Article 56B Approved by Attorney General October 9, 1979 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
1310. The Board of Appeals shall consist of five members and three associate members, who shall be appointed in the manner prescribed by Chapter 40A of the General Laws as amended.
1320. The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 4l of the General Laws and by this By-law. The Board's powers are as follows:
1321. To hear and decide applications for Special Permits upon which the Board is empowered to act under this By-law, in accordance with Section l400.
1322. To hear and decide appeals or petitions for variances from the terms of this By-law, including variances for use with respect to particular land or structures. Such variance shall be granted only in cases where the Board of Appeals finds all of the following: a) A literal enforcement of the provisions of this By-law would involve a substantial hardship, financial or otherwise, to the petitioner or appellant. b) The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located. c) Desirable relief may be granted without either: l. Substantial detriment to the public good; or 2. Nullifying or substantially derogating from the intent or purpose of this By-Law.
1323. To hear and decide other appeals. Other appeals will also be heard and decided by the Board of Appeals when filed by: a) Any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of Ch. 40A, G. L. or by; b) The Berkshire County Regional Planning Commission; or by; c) Any person including any officer or Board of the Town of Adams or of any abutting town, if aggrieved by any order or decision of the Building Inspector or other administrative official, in violation of any provision Ch. 40A, G. L.; or this By-Law.
1324. To issue Comprehensive Permits. Comprehensive Permits for construction may be issued by the Board of Appeals for construction of low or moderate-income housing by a public agency or limited dividend or non-profit corporation, upon the Board's determination that such construction would be consistent with local needs, whether or not consistent with local zoning, building, health, or sub-division requirements, as authorized by Sec. 20-23, Ch. 40B, G.L.
1325. To issue withheld Building Permits. Building permits withheld by the Building Inspector acting under Sec. 8lY, Ch. 4l, G. L., as a means of enforcing the Subdivision Control Law may be issued by the Board of Appeals where the Board finds practical difficulty or unnecessary hardship, and if the circumstances of the case do not require that the building be related to a way shown on the subdivision plan in question.
1326. To serve as the Board of Appeals as established under the provisions of the State Building Code, Section l26.8.
1330. Repetitive petitions for Special Permits, appeals and petitions for variances, and applications to the Board of Appeals shall be limited as provided in Section 16 of Chapter 40A, G. L.
1340. Applications for Special Permits or variances shall be accompanied by a plot plan drawn to scale and including the information listed in Section 3710 A-D (Site Plan, Approval). Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 10 Approved by Attorney General October 9, 1979 Amended May 27, 1986 - Annual Town Meeting - Article 50 Approved by Attorney General July 29, 1986 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
1410. Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority.
1420. Submission Requirements. Plan submission content requirements vary according to type of activity proposed. Submissions required by the By-law will be determined after review of the proposed activity by the applicant and the Building Inspector.
1430. Public Hearing. Special Permits shall only be issued following public hearings held within sixty-five days after filing with the Special Permit Granting Authority an application, a copy of which shall forthwith be given to the Town Clerk by the applicant.
1440. Criteria. Special Permits shall normally be granted where specific provisions of this By-law are met, except when particulars of the location or use, not generally true of the district or of the uses permitted in it, would cause granting of such permit to be to the detriment of the public interest because: traffic generated or patterns of access or egress would cause congestion, hazard, or substantial change in established neighborhood character, or
1442. the continued operation of or the development of adjacent uses as permitted in the Zoning By-law would be adversely affected by the nature of the proposed use, or
1443. nuisance or hazard would be created to the detriment of the health, safety and/or welfare of the occupants of the proposed use or the citizens of the Town, or
1444. for other reasons, the proposed use would impair the integrity of the district or adjoining districts, or otherwise derogate from the intent and purpose of this By-law, or
1445. the basic design of the proposed use(s) or buildings; the relationship between the buildings and the land; the overall physical appearance of the proposed use(s) or buildings would not be in general harmony with the character of the surrounding neighborhood and would serve to blight or detract from abutting residences or other property, or
1446. adequate safeguards have not been taken to protect the natural environment, or
1447. all required public services (i.e. water, sewer, schools, fire protection, etc.) are not reasonably available to serve the proposed development, or
1448. the economic effect of the proposed development would result in economic conditions leading to deterioration of properties due to excessive concentration of commercial activity unsustainable in the projected market.
1450. Conditions. Special Permits may be granted with such reasonable conditions, regulations, or limitations as the Special Permit Granting Authority may deem necessary to serve the purposes of this By-Law.
1460. Expiration. Special Permits shall lapse if a substantial use thereof or construction has not begun, except for good cause, within 24 months of Special Permit approval (excepting such time required to pursue or await the determination of an appeal referred to in Sec. 17, Ch. 40A, G. L., from the grant thereof). Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
1500. AMENDMENTS This By-Law may from time to time be changed by amendment, addition, or repeal by town meeting in the manner provided in Section five of Chapter 40A, General Laws. Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979
1710. Other Laws. Where the application of this By-law imposes greater restrictions than those imposed by any other regulations, permits, easements, covenants or agreements, the provisions of this By-law shall control.
1720. Conformance. Construction or operations under a Building or Special Permit shall conform to any subsequent amendment of this By-law unless the use or construction is commenced within a period of six months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
1730. Nonconformancy. The lawful use or maintenance of any structure or land existing at the time of enactment or subsequent amendment of this By-Law may be continued, although such structure or use does not conform with provisions of the By-Law, subject to the following conditions and exceptions:
1731. Abandonment. A nonconforming use which has been abandoned or discontinued for a period of two years or more shall not be reestablished and any future use shall conform with the By-law.
1732. Change, Extension or Alteration. As provided in Section 6 of Chapter 40A, G.L., a nonconforming single or two family dwelling may be altered or extended provided that doing so does not increase the nonconforming nature of said structure, and other preexisting nonconforming structures or uses may be extended or altered on Special Permit from the Board of Appeals if the Board of Appeals finds that such extension or alteration will not substantially be more detrimental to the neighborhood than the existing nonconforming use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. Such findings relative to the non-conforming nature and whether or not a structure will be substantially more detrimental shall be addressed as follows: a. In the case of dimensional non-conformancy, any dimension or measurement including side, front and rear yards, height and open space, may be altered whether increased or decreased, to the limitations permitted by zoning; such dimensions or measurements already not in conformance with those permitted by the By-law may only be adjusted so as to reduce their difference from the By-law requirements. b. In the case of a use non-conformancy, no change or adjustment in size, intensity of use, or nature of use shall be granted which shall be deemed to increase the objectionable quality of the original non-conforming use, including, but not limited to, traffic, parking, noise, light and glare, hours of operation, unsightly storage or conditions, objectionable odors, neighborhood character, safety, overcrowding and pollution.
1733. Restoration. Necessary repairs and rebuilding of nonconforming structures or signs after damage by fire, storm or similar disaster are permitted provided that they are started within 12 months and completed within 24 months of the catastrophe, and do not substantially change the character or size of the buildings or the use to which they were put prior to such damage.
1734. Replacement. Replacement of mobile homes or commercial vehicles parked in nonconformity with Section 2300 is not permitted, even where such replacement does not increase the extent of nonconformity.
1735. Isolated Lots. Any increase in lot area, width, frontage, yard, open space, or coverage requirements of this By-law shall not apply to erection, extension, alterations, or moving of a one or two family home on a legally created lot not meeting current requirements provided that the applicant documents that: a) at the time such increased requirements became applicable to it, the lot l. had at least five thousand square feet of lot area and fifty feet of frontage on a street; and 2. was not held in common ownership with any contiguous lot at any time since such requirements were instituted; 3. conformed to then-existing dimensional requirements; and Such nonconforming lot may be changed in size or shape or their land area recombined without losing this exemption, so long as the change does not increase the actual or potential number of buildable lots. Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979 Amended May 27, 1986 - Annual Town Meeting - Article 50 Approved by Attorney General July 29, 1986 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
1800. COURT APPEALS Any person aggrieved by a decision of the Board of Appeals or of any Special Permit Granting Authority, whether or not previously a party to the proceeding, or any municipal officer or board may, as provided in Section 17, Ch. 40A, G. L., appeal to the Superior Court or to the Land Court by bringing an action within twenty days after the decision has been filed in the office of the Town Clerk. Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979 Amended October 12, 1982 - Special Town Meeting - Article 1 Approved by Attorney General - January 11, 1983
ARTICLE II - USE AND INTENSITY REGULATIONS
2110. For purposes of this By-law, the Town of Adams is hereby divided into the following types of districts:
Residence District R1, R2, R3, R4
Business District B1, B2, B3
Industrial Districts I, IP
Open Space District OS The boundaries of these districts are defined and bounded on the map entitled "Zoning Map, Adams, Mass.", on file with the Town Clerk. That map and all explanatory matter thereon is hereby made a part of this By-law.
2120. Except when labelled to the contrary, boundary or dimension lines shown approximately following or terminating at street, railroad, or utility easement center or layout lines, boundary or lot lines, or the channel of a stream, shall be construed to be actually at those lines; when shown approximately parallel, perpendicular, or radial to such lines shall be construed to be actually parallel, perpendicular, or radial thereto. When not locatable in any other way, boundaries shall be determined by scale from the map.
2130. Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for any district in which the lot has frontage on a street may be extended not more than thirty feet into the other district. Required lot dimensions shall be those of the district in which the lot has the greatest frontage.
2140. When a lot in one ownership is situated in part in the Town of Adams and in part in an adjacent municipality, the provisions of this By-Law shall be applied to that portion of the lot lying in the Town of Adams in the same manner as if the entire lot were situated therein. Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984. Amended May 26, 1987 - Special Town Meeting - Articles 11 & 12 Approved by Attorney General - September 10, 1987
2210 No building or structure shall be erected or used and no premises shall be used except as set forth in the "Use Regulation Schedule" or as exempted by section 1700 or by statute. Symbols employed shall mean the following: YES - A permitted use NO - An excluded or prohibited use SP - Use authorized under special permit as provided for in section 1400 herein SPR - Site plan review required by Planning Board
2220 Where an activity might be classified under more than one of the following uses, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern.
2230 Uses subject to Site Plan Review (section 3700) are designated by the column headed SPR and further by section 3740. Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979 Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
2 See Section 4200.
3 Except SP in a cluster development complying with the requirements of section 4300.
Amended May 20, 1974 - Special Town Meeting - Article 1 Approved by Attorney General - July 31, 1974 Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 Amended May 26, 1987 - Special Town Meeting - Articles 11, 12, & 13 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990 Amended May 28, 1991 - Annual Town Meeting - Article 24 Approved by Attorney General - September 13, 1991 Amended May 27, 1997 - Annual Town Meeting - Article 23 Approved by Attorney General - September 9, 1997
Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979 Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 26, 1987 - Special Town Meeting - Articles 11, 12, & 13 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979 Amended October 12, 1982 - Special Town Meeting - Article 2 Approved by Attorney General - January 11, 1983 Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1983 Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 26, 1987 - Special Town Meeting - Articles 11, 12, & 13 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990 Amended May 26, 1992 - Annual Town Meeting - Article 23 Approved by Attorney General - August 25, 1992 Amended - Annual Town Meeting - May 30, 1995 - Article 22 Approved by Attorney General - July 5, 1995 Amended May 27, 1997 - Annual Town Meeting - Articles 23 & 25 Approved by Attorney General - September 9, 1997
4 No Adult Use permitted within 200 feet of a residential use or residential district, church, school, library, park, playground, other adult use. There shall be no exterior display ofservices, entertainment, goods or paraphernalia provided by an Adult Use.
5 No parking of autos for sale within a required front yard. Car wash must provide space for 15 cars to queue off-street.
Amended October 12, 1982 - Special Town Meeting - Article 3 Approved by Attorney General - January 11, 1983 Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 27, 1986 - Annual Town Meeting - Article 50 Approved by Attorney General - July 29, 1986 Amended May 26, 1987 - Special Town Meeting - Article 11, 12, & 13 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990 Amended May 28, 1991 - Special Town Meeting - Article 24 Approved by Attorney General - September 13, 1991 Amended May 30, 1995 - Annual Town Meeting - Article 20 Approved by Attorney General - August 20, 1995 Amended May 23, 1997 - Annual Town Meeting - Article 26 Approved by Attorney General - September 9, 1997
Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 26, 1987 - Special Town Meeting - Articles 11, 12, & 13 Approved by Attorney General - September 10, 1987 Amended May 26, 1992 - Annual Town Meeting - Article 23 Approved by Attorney General - August 25, 1992
Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 Amended May 26, 1987 - Special Town Meeting - Articles 11, 12, & 13 Approved by Attorney General - September 10, 1987
7 But none in excess of the number parked on the effective date of this amendment.
8 Provided that it is not placed within a required front yard except for loading and unloading.
Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979 Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 Amended May 26, 1987 - Special Town Meeting - Articles 11, 12, & 13 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990 Amended May 26, 1992 - Annual Town Meeting - Article 25 Approved by Attorney General - August 25, 1992 Amended May 30, 1995 - Annual Town Meeting - Article 20 Approved by Attorney General - August 20, 1995
Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 Amended May 26, 1987 - Special Town Meeting - Articles 11, 12, & 13 Approved by Attorney General - September 10, 1987
2400. NOT USED Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979
2510. All structures hereafter erected in any district shall be located on a lot such that all of the minimum requirements set forth in the following Table are conformed with, except where specifically exempted by this By-law or by General Law.
2520. No existing lot shall be changed in size or shape except through a public taking so as to result in violation of the requirements set forth below.
2530. NOT USED
2540. Uncovered steps, stairs, sills, cornices, or similar architectural features shall not be included in computing floor area, and need not observe yard requirements.
2550. No fence, wall, hedge, shrubbery or other obstruction to vision (other than a principal building) between 2 1/2 and 8 feet above the lowest elevation at the street line shall be permitted on a corner lot within the area of a triangle formed by a line joining points on each front lot line 20 feet from the intersection of the tangents of such streets.
2560. No part of any lot used to satisfy the requirements of this By-law for a given building or use shall also be used to satisfy requirements for a different building or use.
2570. Not more than one principal building shall be erected on a lot unless each building thereon is served by access functionally equivalent to that required by the Planning Board under its Sub-division Regulations. Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
2600. INTENSITY OF USE SCHEDULE .
2600. INTENSITY OF USE SCHEDULE .
2600. INTENSITY OF USE SCHEDULE .
.a. Residential uses shall conform to the requirements of the R-4 District. b. When abutting a residence district, 20 feet. None required elsewhere provided that access to the rear of the structure and space for any required off-street loading or parking can be gained by other means. No yard to be less than 10 feet wide if provided. c. For hotels, motels, motor inns, 500 sq. ft. per sleeping room. d. Except twice this area for two-family dwelling. e. None required when abutting a railroad, right of way of at least 20 ft. in width or public flood control taking. f. Except specialized equipment up to 125 ft. under special permit when accessory to a permitted use. g. Lots without Town sewer in zones R-2, R-3, R-4 must conform to the following:
Minimum lot area (sq. ft.) 43,560
Minimum lot width (ft.) 175
Minimum lot frontage (ft.) 150
Other dimensional requirements are listed in each district
h. Minimum tract size for development as an industrial park shall be 10 acres. i. Provided that any front yard need only be the average of the depths of the front yards on the abutting lots, considering the front yards of abutting vacant lots as having the minimum permitted. j. Special permits may be granted by the Zoning Board of Appeals for the installation of structures accessory to permitted residential uses for the reduction of dimensional requirements up to one half what is required for all yards except the front yard, if at a minimum the following are provided:vegetative screening and or plantings be in place for visual protection from the abutters fencing be provided if vegetation is not possible no excessive noise to be generated no overhead enclosures for swimming pools reduction does not substantially increase neighborhood density Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 Amended May 27, 1986 - Annual Town Meeting - Article 50 Approved by Attorney General July 29, 1986 Amended May 26, 1987 - Special Town Meeting - Articles 12, 13 & 17 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990 Amended May 30, 1995 - Annual Town Meeting - Article 20 Approved by Attorney General - August 20, 1995
Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
ARTICLE III - GENERAL REGULATIONS
3110. Adequate off-street parking must be provided within a reasonable distance to service all parking demand created by new construction, whether through new structures or additions to old ones, and by change of use, except in the B-1 District, to which these requirements do not apply. Such parking shall be either on the same premises as the activity it services, or within 600 feet on a separate parcel, which may be jointly used with other premises for this purpose if permitted in Sec. 2300. The following minimums must be met unless these are reduced on special permit from the Zoning Board of Appeals, upon determination that special circumstances render a lesser provision adequate for all parking needs. Any reduction of existing off-street parking due to construction or change of use shall require a Special Permit from the Zoning Board of Appeals.
3111. Parking and loading requirements in B-1 districts shall be determined through the Site Plan Review process but in no case shall exceed those established in Section 3120.
3120. Schedule of Requirements: a. Dwellings: two spaces per dwelling unit b. Offices or stores: one space per 150 s. f. leasable floor area or fraction thereof c. Restaurant, place of assembly: one space per four seats d. Bowling alley: four spaces per lane e. Nursing home, hospital: one space per four beds f. Manufacturing, research and testing laboratories: one space per 1.3 employees at the largest shift plus one space per 2.6 employees at the second largest shift g. Bed and breakfast: one space per guest room plus two spaces for residents h. Those not listed in this schedule shall be individually determined through Site Plan Review pursuant to Section 3710.1A-D. 3130. No off-street parking or loading area shall be maintained within 15 feet of a street line, and if servicing a use not allowed in a residential district, not within 10 feet of said district bounds.
3140. Not more than one parking area entrance and one exit shall be permitted onto a street per 200 feet of frontage or fraction thereof. Parking areas for six or more cars shall be so designed and located that their use does not require backing onto a public way.
3150. Adequate off-street loading facilities and space must be provided to service all needs created by new construction or new use, whether through new structures or uses or additions to old ones, and by change of use of existing structures. Facilities shall be so sized and arranged that no vehicles need back onto or off a public way, or be parked on a public way while loading, unloading, or waiting to do so. Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 9 Approved by Attorney General - October 9, 1979 Amended October 12, 1982 - Special Town Meeting - Article 4 Approved by Attorney General - January 11, 1983 Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 27, 1986 - Annual Town Meeting - Article 50 Approved by Attorney General July 29, 1986 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
3170. The intersection of the tangents of any vehicular exit line and street line shall not be within a 10 foot radius of any building. May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985
3180. Driveways and Curb Cuts a. Purpose The purpose of this Section is to provide maximum protection to the public through the orderly control of traffic moving onto and off of streets; uniform design and layout of new driveways and entrances (curb cuts), adequate vehicular access to a lot and drainage of surface water. b. Procedures The Department of Community Development shall issue permits for all proposed curb cuts and street access points. Appeals of decisions may be made to the Zoning Board of Appeals. No curb cut permit shall be issued until all relevant State and local permits are secured. Before approval is granted the application shall be referred to the Department of Public Works and if necessary the Conservation Commission. The Community Development Director may require plans and specifications deemed necessary for adequate review. Installations carried out by private contractors are subject to inspections by the Adams Department of Public Works before, during and after actual installation. c. Design and Construction Standards 1. Entrances shall be located to the best advantage with regard to street alignment, profile, sight distance and safety conditions. 2. Driveways, entrances (curb cuts) and vehicular access to and from a lot shall be through the frontage except that the Planning Board may issue a special permit allowing driveways, entrances and vehicular access to a lot over a side or rear lot line if proposed location meets the criteria listed in Section 1400. 3. Driveways serving residential uses shall have one curb cut for lots with frontage of less than 200 feet. Curb cuts for one and two family units shall be considered one way access. 4. Driveways serving residential uses with an excess of 200 feet of frontage may be allowed two (2) curb cuts each to be considered one way. 5. Driveways serving 20 units or more of residential units or commercial/industrial uses may be allowed two (2) curb cuts each to be considered two way with a minimum of 200 feet between each curb cut. 6. Curb cut width shall be measured from between the edges of the road surface at the intersection with the right-of-way.
7. Wherever possible, driveways shall have a stopping area of no greater than 4% slope for a distance of twelve (12) feet back from the edge of the road surface. 8. Wherever possible, residential curb cuts are to be set back fifty (50) feet or more from a street corner measured between the nearest edge of the driveway and the cross road edge of pavement. 9. Any adjacent disturbed areas before, during and after construction shall be stabilized so as to prevent erosion onto the subject property, abutting property and/or onto the roadway. Disturbed areas shall be graded and seeded within 30 days of curb cut installation. 10. Curb cuts off State highways shall conform to Massachusetts Department of Public Works Standards and Regulations. Amended May 29, 1990 - Special Town Meeting - Article 10 Approved by Attorney General - August 29, 1990
3190. Common Driveways If driveway access is provided each lot shall be serviced individually except the Planning Board may issue a special permit for a common driveway serving up to four (4) lots if the following minimum requirements are met: a. An easement providing permanent access for all properties served by the driveway shall be provided upon application and, if approved, recorded in the Registry of Deeds; b. The special permit shall state that the driveway is not a private road or a public road, that it does not meet the standards for a Town road, and that the driveway shall permanently remain a private driveway; c. The grade, length and location of common driveways shall be constructed and maintained to provide: 1) adequate access and turn around for vehicles, including sanitary and emergency vehicles, year round. A turn around area shall be provided at the end of the driveway so that vehicles do not need to enter onto adjoining lots. The Planning Board may require passing turnouts depending on the length and design of the proposed driveway; 2) A width of at least fourteen (14) feet with drainage and culverts where the Planning Board deems necessary; 3) Any additional storm drainage generated by the new driveway shall not run onto any adjacent property except through an approved drainage system; 4) A maximum grade of ten (10) percent; 5) a maximum length of six hundred (600) feet; 6) the driveway entrance shall be located a minimum of fifty (50) feet from any street intersection; 7) no parking areas or structures shall be allowed in the driveway right-of-way; 8) the driveway shall have a minimum three (3) inch crown, a twelve (12) inch gravel base and a surface material deemed appropriate by the Planning Board; d. Approval from the Development Cabinet shall be obtained prior to the granting of the special permit; e. No common driveway shall be extended to serve additional lots subsequently created; f. Land held in common ownership with lots served by a common driveway at the time the lots were created shall not be subsequently subdivided to be served by another common driveway; g. The Planning Board may deny the special permit if it determines that the land being subdivided is better served by individual driveways or subdivision approval under the Adams Subdivision Regulations; h. Ownership and maintenance of a common driveway shall be assured through a restrictive covenant, satisfactory to the Planning Board, which binds current and future owners of each lot served by the common driveway to the responsibility for maintenance, repair and reconstruction of the common driveway. A draft covenant shall be submitted for approval with the special permit application and shall include but not be limited to specific standards for maintenance and repair of the drainage system, provision for allocating financial responsibility and a procedure for resolution of disagreements. If the special permit is granted, the covenant shall be recorded at the Registry of Deeds and shall be made part of every deed to every lot served by the common driveway; i. The Planning Board may require a performance bond or other security for the completion of the common driveway. Such security shall be posted prior to construction of the driveway. The driveway shall be completed, inspected by the Planning Board or its designee, and the security released prior to the issuance of occupancy permits for the lots served by the common driveway. j. Common driveways permitted under this section shall be limited to single and two-family dwellings. Amended May 29, 1990 - Special Town Meeting - Article 11 Approved by Attorney General - August 29, 1990
3210. Every use structure or fixture shall be so arranged that any glare or radiant heat produced is shielded so as not to be perceptible at or beyond any boundary line of the lot on which the use is located. Exterior lighting including, but not necessarily limited to, lighting of exterior walls of buildings from an external light source, lighting of parking areas, signs, walk and drives shall be arranged in such a manner as to direct light away from other lots and public ways.
3220. Every use shall be so operated that resultant ground vibrations are not discernible without the use of instruments at any boundary line of the lot on which the use is located for more than three minutes duration in any one hour of the day. The above shall not apply to those vibrations caused by motor vehicles, trains, aircraft, or water vessels being operated in a manner normally incidental to the principal use.
3230. The Building Inspector may require that the applicant for a facility whose future compliance with these standards is questionable furnish evidence of probable compliance, whether by example of similar facilities or by engineering analysis. Issuance of a permit on the basis of that evidence shall certify the Town's acceptance of the conformance of the basic structure and equipment, but future equipment changes and operating procedures must be such as to also comply with these standards. Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
3240.a. Maximum Permitted Sound Pressure Levels: 0
l. Acoustical Terminology is that most recently approved by the American National Standards Institute (ANSI). 2. Reference pressure shall be 0.0002 microbars. 3. Hz is the abbreviation for Hertz, which means cycles per second. 4. For preliminary survey and monitoring the approximate single number, 65 dB (A) may be used for commercial and industrial zones and 40 dB (A) may be used for residential zones and for uses abutting residential zones. 5. dB (A) shall mean A-weighted sound pressure level in decibels as measured on a general purpose sound level meter complying with the provisions of American Standard for General Purpose Sound Level Meters (Sl.4 - 1971), ANSI, or OSI (1999), property calibrated, and operated on the "A" weighting network. b. Measurements to determine compliance with these standards shall be provided by the applicant upon request by the Building Inspector. Such measurements may be made by any public or private agency, firm, or person competent to perform such activity. All measurements shall be obtained through the utilization of procedures and equipment approved by the Town of Adams and measurements shall be taken at property lines of subject property and at adjoining properties as directed by the Town of Adams. This section shall not apply to the operation of farm machinery accessory to agricultural uses. May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 27, 1986 - Annual Town Meeting - Article 50 Approved by Attorney General July 29, 1986 May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
3250. All resulting cinders, dust, flashing, fumes, gases, odors, refuse matter, smoke, vapor, radioactive emission, or other atmospheric pollutant, which is inherently harmful and likely to destroy life or impair health or is capable of causing injury to the well-being of persons or damage to property, shall be effectively regulated and disposed of so as to avoid any nuisance or hazard to the public's health or safety. Such air pollutants shall not exceed: (a) Any limits established by the Adams Board of Health, under the provisions of Chapter III, Section 31C, of the Massachusetts General Laws, entitled "Regulation, etc. of Atmospheric Pollution" 310 CMR 6.00, 7.00, 8.00, or under any other statute; (b) Any limits established by the Massachusetts Department of Public Health under provisions of Chapter III, Section 42A, of the Massachusetts General Laws, entitled "Pollution or Contamination of Atmosphere"; or any other applicable statute or regulation and; (c) These standards shall not apply to conventional residential heating appliances. May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
3310. General (a) That no signs that advertise a nationally or regionally advertised product be allowed, except that a franchised dealer may display the trademark of his product on his sign, and a gasoline station may display the trademark of that particular gasoline company on said sign. Endorsements or approvals may also be displayed as part of a single sign. (b) Standing signs are prohibited except as they may be authorized in particular instances by the Zoning Board of Appeals when it determines that the nature of use of the premises, the architecture of the building, or its location with reference to the street is such that a sign should be permitted in public interest. In granting such permission, the Zoning Board of Appeals shall specify the size, height, type and location of the sign and impose such other terms, restrictions and conditions as it may deem to be in the public interest. Maximum size that can be authorized shall be 32 sq. ft. (c) The most restrictive case of sign allowance shall always apply in the application of this by-law. (d) All signs shall be prepared in a professional manner. Amended October 12, 1982 - Special Town Meeting - Article 11 Approved by Attorney General - January 11, 1983 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987 Amended May 27, 1997 - Special Town Meeting - Article 24 Approved by Attorney General - September 9, 1997
3320. Illumination, Motion, Noise Regulations (a) Signs shall be illuminated only by steady stationary, shielded light directed solely at the sign, without causing glare for motorists, pedestrians or neighboring residential premises; (b) Except for indicators of time and temperature no sign or part of any sign shall flash, move, or make noise; (c) Neon signs shall be allowed within windows up to 10% of the total window area, not to exceed a total of 6 square feet. (d) Exterior neon signage shall be allowed on Special Permit, shall not exceed the guidelines of Section 3360 (a-d), and shall not advertise a nationally or regionally advertised product or service. Amended May 27, 1997 - Special Town Meeting - Article 24 Approved by Attorney General - September 9, 1997
3330. Location Requirements (a) Signs shall not be painted or posted directly on the exterior surface of any wall but rather shall be affixed to a substantial intermediary removable surface securely affixed to the building. (b) No sign shall protrude over public property more than three (3) feet. (c) No signs or flags shall be placed within or projecting over a public way or on public property unless authorized by the Board of Selectmen as required by Sec. 8, Ch. 85, G.L. No signs shall be placed on shade trees without approval of the Tree Warden as required by Sec. 9, Ch. 87, G.L. Amended May 29, 1979 - Annual Town Meeting - Article 55 Approved by Attorney General - October 9, 1979 Amended October 12, 1982 - Special Town Meeting - Article 5 Approved by Attorney General - January 11, 1983 Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987 Amended May 27, 1997 - Annual Town Meeting - Article 24 Approved by Attorney General - September 9, 1997
3340. Temporary Signs
3341. Temporary signs listed below shall be allowed for up to twelve (12) months in any district without necessity of a permit. (a) An unlighted sign of up to ten (10) square feet indicating parties involved in construction on the premises; (b) An unlighted sign of up to eight (8) square feet pertaining to lease or sale of the premises; (c) A sign of up to ten (10) square feet pertaining to a subdivision while under development, (d) Signs inside display windows covering not more than thirty (30) percent of window area, illuminated by building illumination only. Amended May 29, 1979 - Annual Town Meeting - Article 55 -Concurrent Annual Town Meeting - Article 9 Approved by Attorney General October 9, 1979 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987
3342. Temporary signs, posters, banners, or the like for any political, charitable, philanthropic, or civic campaign, movement, or event shall be allowed only within the limits prescribed for permanent signs. All such signs shall be identified (singly or in groups) on a permit from the Building Inspector. Such devices shall be removed within 14 days of the termination of the campaign or event or elimination of the candidacy, whichever is later. All signs shall conform to the State Building Code Section 1414.0 or its later amendments. 3343. Temporary signs, posters, banners or the like for the opening of a new business shall be permitted within the limits prescribed for permanent signs. All such signs shall be identified on a permit from the Building Inspector. Such devices shall be removed within sixty (60) days of the opening of said business. Amended May 29, 1979 - Annual Town Meeting - Article 55 Approved by Attorney General - October 9, 1979 Amended October 12, 1982 - Special Town Meeting - Article 6 Approved by Attorney General - January 11, 1983 Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987 Amended May 27, 1997 - Special Town Meeting - Article 24 Approved by Attorney General - September 9, 1997
3350. PERMITTED ACCESSORY SIGNS - RESIDENCE AND FOREST RECREATION DISTRICT (B-3) (a) One Sign for each family residing on the premises indicating the owner or occupant or pertaining to a permitted accessory use, provided that no sign shall exceed two (2) square feet in area; (b) One sign pertaining to permitted buildings and uses of the premises other than dwellings and their accessory uses; not to exceed 5% of the area of the wall it is viewed with and in no case more than six (6) square feet. (c) Illumination of signs in residential districts shall be by white light and indirect method only. Amended October 12, 1982 - Special Town Meeting - Article 7 Approved by Attorney General - January 11, 1983 Amended October 12, 1982 - Special Town Meeting - Article 8 Approved by Attorney General - January 11, 1983 Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987
3360. PERMITTED ACCESSORY SIGNS - BUSINESS AND INDUSTRIAL DISTRICTS (B-1, B-2, I, IP) (a) Signs attached to a building provided that they aggregate not more than five (5) per cent of the wall area they are viewed with: subject to the guidelines in Paragraph D. (b) There shall be not more than one exterior sign for each business establishment, except that if there is more than one public entrance to any such business establishment, there may be one additional secondary sign for each such additional entrance; provided that the aggregate area of all such secondary signs shall not exceed fifty percent of the maximum permissible area authorized. Further provided that not more than one secondary sign per building face be allowed, that any secondary signs be at least thirty (30) feet from each other, and that such secondary signs be located at such entrances. (c) In addition to the foregoing sign or signs, one directory of the business establishments occupying a building may be affixed to the exterior wall of the building at each public entrance to the building. Such directory shall not exceed an area of one sq. ft. for each establishment occupying the building. (d) That signs located on business property, or limited industrial property, shall be according to the following guides: 1. A limit of 16 sq. ft. per forty feet, or less, of building frontage occupied by the applicant. 2. That building frontages greater than forty feet be allowed to add two sq. ft. per 5 ft. of frontage up to a maximum of 32 sq. ft. 3. That combined frontages on more than one street be allowed 2 sq. ft. per 5 ft. of total building frontage occupied by applicant up to a maximum of 48 sq. ft. 4. That signs located on business property, or limited industrial property, may not rise more than two ft. above the eave line. 5. That only one sign per business be allowed in a shopping center and that the sign must be located on the building in which the business is located. (e) Each business establishment may display one flag indicating "OPEN," "WELCOME," other greeting, or the business logo, but shall not advertise a nationally or regionally advertised product or service. Maximum size that can be allowed shall be 16 square feet. Flags shall not be considered as "standing signs." Added October 6, 1980 - Special Town Meeting - Article 3 Approved by Attorney General - March 13, 1981 Amended October 12, 1982 - Special Town Meeting - Articles 9 and 10 Approved by Attorney General - January 11, 1983 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987 Amended May 27, 1997 - Special Town Meeting - Article 24 Approved by Attorney General - September 9, 1997
3370. PERMITTED NON-ACCESSORY SIGNS No billboard or other non-accessory sign shall be permitted. However, a non-accessory directional sign not exceeding ten (10) square feet in area designating the route to an establishment not on a state highway, may be allowed in any district on Special Permit from the Board of Appeals, subject to their finding that such sign will promote the public interest, will not endanger the public safety, and will be of such size, location and design as will not be detrimental to the neighborhood. Amended October 12, 1982 - Special Town Meeting - Article 13 Approved by Attorney General - January 11, 1983
3380. ADMINISTRATION (a) No sign, except those specifically exempted by this by-law, shall be erected without a permit issued by the Building Inspector, application for which shall be accompanied by such scale drawings or photographs as the Building Inspector may require; (b) Legally nonconforming signs except those regulated by Massachusetts General Law, Chapter 93, Section 29 shall be governed by paragraph 1730. Nonconformance. (c) All signs, whether erected before or after the effective date of this by-law, shall be maintained in a safe condition to the satisfaction of the Building Inspector. (d) Any sign which has been abandoned or advertises any product, business or activity which is no longer sold or carried on for at least sixty (60) days must be removed within thirty (30) days by the owner of the premises after notice to that effect from the Building Inspector. Amended May 29, 1979 - Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979 Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
3410. Outdoor Parking Lots (Screening & Landscaping Requirements) "On at least three sides of the perimeter of an outdoor parking lot for 10 or more cars, a screening scheme shall be installed. The scheme could include a combination of vegetative plantings and fencing or strictly vegetative plantings, evergreen or deciduous in nature, to be determined through Site Plan Review. In performing a Site Plan Review, the Planning Board may authorize alternatives to these specifications, taking into consideration existing vegetation, topography, soils, and other site conditions, provided that appropriate screening, shading and articulation are achieved." In the interior part of an outdoor parking lot where two rows of parking spaces containing a total of 10 or more parking spaces face each other, a landscaped open space separated from the parking area by a suitable curb with at least four (4) inches vertical and not less than 6 feet in width shall be provided. The landscaped strip may be provided either: 1) between the rows of parking spaces parallel to the aisle or, 2) in two or more strips parallel to the spaces and extending from the aisle serving one row of spaces to the aisle serving the other row of spaces and shall contain at least one tree per 30 linear feet. Trees required by this section shall be canopy forming, deciduous trees at least 2.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability and hardiness for location in a parking lot. To the extent practicable, existing trees shall be retained and used to satisfy this section.
3420. GRADING AND EROSION Site design, materials, and methods of construction or operation shall be designed to avoid erosion damage, sedimentation or uncontrolled surface runoff, including conformity with the following:
3421. REQUIREMENTS (a) Slopes of 10% or greater that result from grading, construction, or other land alteration shall be stabilized either through a structural retaining wall or cribbing, or through vegative slope stabilization, comprising not less than 4 inches of topsoil planted densely with plants having shallow fibrous roots sufficient to retain the soil, such as grasses, legumes, dogwood, amur privet, rugusa, rose or bayberry. The Building Inspector may require mulch or other temporary stabilization measures. Either a constructed surface or cover vegetation will be provided not later than the first full spring season immediately following filling or stripping; and in the case of building demolition that the site will be graded in accordance with the State Building Code, section 1307.1 or its later amendments. (b) Placing more than 100 cubic yards of fill on any parcel or raising ground level by three vertical feet or more within any required yard shall require a permit from the Building Inspector, which shall be issued only upon demonstration that all provisions of Section 3420 are being complied with; that reasonable care is being taken to avoid harmful diversion of water affecting adjoining properties; that mature trees are being reasonably protected; that no resultant slope exceeds one foot vertically to two feet horizontally. Either a constructed surface or cover vegetation will be provided not later than the first full spring season immediately following filling or stripping; and in the case of building demolition that the site will also be graded in accordance with the State Building Code, section 1307.1 or its later amendments. (c) Maximum allowable slope from any activity is one foot vertical for each two feet horizontal. (d) Erosion from one property onto another resulting from construction activity or change in land use or other activity is prohibited. Amended May 29, 1979 - Annual Town Meeting - Article 54 Approved by Attorney General - October 9, 1979 Amended May 26, 1987 - Special Town Meeting- Article 11 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990 Amended May 26, 1992 - Annual Town Meeting - Article 26 Approved by Attorney General - August 25, 1992 3422. Each of the following shall require a Special Permit from the Zoning Board of Appeals: (a) Placing more than 200 cubic yards of fill on any parcel. (b) Raising ground level within any required yard by six feet or more. (c) Simultaneously exposing more than 80,000 square feet of bare earth through either removal or filling unless in conjunction with agricultural activity or in conjunction with a currently valid building or use permit or within street which either are public or shown on an approved subdivision plan. (d) Construction or grading on more than 1000 square feet of land where the average natural slope exceeds 25%. (e) Submission Requirements Application for a Special Permit shall include a plan showing existing and proposed grades at key locations, vegetation (or other surface cover) and description of temporary or permanent impoundment basins or other methods proposed for controlling erosion, sedimentation, or other soil instability during and after construction. The Board of Appeals may require the applicant to submit a report from the Soil Conservation Service or soil loss calculations prepared by a soils scientist or engineer in cases of doubt as to the adequacy of proposed measures. The Board may also require the furnishing of a performance bond or other security during the construction period. The Board of Appeals shall obtain a recommendation from the Conservation Commission. (f) Review Criteria Such Special Permit shall be granted only if the Board determines that adequate provisions have been made for control of erosion, sedimentation, and runoff, both during and after construction; for avoidance of unsightly conditions; and for protection against other environmental degradation. Amended May 29, 1979 - Annual Town Meeting - Article 54 Approved by Attorney General - October 9, 1979 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
3430. Screening and Buffering Requirements All parking areas for 5 or more cars, all outdoor sales display areas, all mobile home parks, all business uses (2340) and industrial uses (2350), all contractor's yards, open storage and loading service yards and all commercial outdoor recreation shall be screened from any adjacent residential use or district in accordance with the following schedule:
Such greenbelt shall consist of three (3) staggered rows, each row eight (8) feet apart, of substantially sight-impervious evergreen foliage at least 8 feet in height or planting of shrubs and trees complemented by a sight-impervious fence of at least 6 feet, but not more then 8 feet, in height or such other type of landscaping as may be required under site plan approval. In all developments, to the extent practicable, existing trees shall be retained and used to satisfy the provisions of the minimum lot landscaping. Such barriers shall consist of at least sight-impervious fence satisfying the requirements of all greenbelt fence and may be supplemented by additional plantings as required under site plan approval. Buffers shall be for the sole purpose of accommodating the screening and other landscaping as may be required and shall not be used for any other purpose.
3440. Permitted Uses in a Required Front Yard No parking, loading or outdoor sales or display areas shall be permitted in any required front yard. Such yard shall be landscaped to include at least a single row of canopy forming trees planted no more than thirty feet on center, and of no less than two inches caliper when planted. Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 26, 1987 - Special Town Meeting - Article 11 & 13 Approved by Attorney General - September 10, 1987
3450. Industrial Park District Landscape Buffer In an industrial park (IP) district, a landscaped buffer 40 feet wide shall be placed adjacent to any general use public street (not including any street internal to the industrial park, whether or not such street forms a through way or is open to general public use). Such landscaped buffer shall consist of open space, planted in grass and at least a single row of canopy forming trees when planted shall be of at least 2 1/2" caliper. Such landscaped buffer shall be left as open space and shall not be used for any other use except for one (1) non-accessory sign in conformance with the requirements of section 3300 of this Bylaw and no more than two (2) roadway crossings. Amended May 26, 1987 - Special Town Meeting - Article 13 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
3460. SATELLITE TELEVISION ANTENNAS Standard satellite television and radio antennas are permitted in all zoning districts unless the installed device is higher than fifteen (15) feet in which case the installation requires a special permit from the Zoning Board of Appeals. No satellite television and/or antenna shall be placed in any required accessory yard. Relief from this requirement will require a variance from the Zoning Board of Appeals. All satellite television and/or radio antennas shall be screened from view by plantings, shrubs, trees or other suitable means insofar as possible without interfering with reception of satellite signals and shall not be illuminated in any way. Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
3500. UNREGISTERED MOTOR VEHICLES 1. No person shall permit more then one unregistered motor vehicle or major part or portion of a motor vehicle to remain for more than thirty consecutive days on premises owned, occupied, or controlled by him if the vehicle or parts are within view from any public way or abutting property, unless the vehicle is regularly operated on the premises, or unless the premises are duly licensed under the provisions of Sections 58 and 59 of Chapter 140, G.L. 2. The Building Inspector shall ticket any vehicle in violation of this article and after a period of 14 days shall enforce this bylaw. Penalty for violation shall be $50.00 with each day that the violation continues constituting a separate offense. In the event of violation, the Building Inspector may give to the offender a written notice to either appear before the Clerk of the District Court at any time during office hours not later than twenty-one days after the date of such notice, or to mail the stipulated penalty to said Clerk, as provided under Section 21 D of Chapter 40, G.L. Amended May 29, 1979 - Annual Town Meeting - Article 56A Approved by Attorney General - October 9, 1979
3610. Purpose The flood plain district, in addition to the purposes enumerated in Article 1 of these by-laws, is intended to protect human life and property from hazards of periodic flooding, to preserve natural flood control characteristics and flood storage capacity of the flood plain, and to preserve and maintain the ground water table and water recharge areas within the flood plain.
3620. District Delineation The general boundaries of the Flood Plain District are shown on the Adams Flood Insurance Rate Map (FIRM), dated August 1, 1983, as Zones A, A1-30 to indicate the 100 year flood plain. The exact boundaries of the District are defined by the 100 year water surface elevations shown on the FIRM and further defined by the Flood profiles contained in the Flood Insurance Study, dated August 1, 1983. The floodway boundaries are delineated on the Adams Flood Boundary Floodway Map (FBFM), dated August 1, 1983, and further defined by the Floodway Data Tables contained in the Flood Insurance Study. These two maps as well as the accompanying study are incorporated herein by reference and are on file with the Town Clerk, Planning Board, and Building Inspector.
3630. Use Regulations The Flood Plain District is established as an overlay district to all other districts. All development, including structural and on-structural 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 requirements of the Massachusetts State Building Code pertaining to construction in the flood plains. (currently Section 744.0). Adopted November 26, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984
3640. Permitted Uses There shall be allowed the following uses, which create a minimal risk of damage due to flooding and will not constitute obstructions to flood flow, provided that they are permitted in the underlying district and that they do not require structures, fill, or storage of materials or equipment:
l. Agricultural uses such as farming, grazing, truck farming and horticulture; 2. Forestry and nursery uses; 3. Outdoor recreational uses, including fishing, boating, play area, etc.; 4. Conservation of water, plants, wildlife; 5. Wildlife management areas, foot, bicycle, and horse paths; 6. Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises; 7. Buildings lawfully existing prior to the adoption of these provisions. Amended November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984
3650. Special Permits No structure or building shall be erected, constructed, substantially improved, or otherwise created or moved, and no earth or other materials dumped, filled,excavated, or transferred, unless a special permit is granted by the Zoning Board of Appeals. Within 10 days of receipt of an application for a special permit the Board shall transmit one copy of the development plan to the Conservation Commission, Board of Health, and Building Inspector. Final action shall not be taken until reports have been received from the above Boards or until 35 days after the transmittal of the development plan to the Boards, whichever occurs first. The Zoning Board of Appeals may issue a special permit if the application complies with the following provisions: 1. The proposed use shall comply in all respects with the provisions of the underlying District; 2. In the floodway prohibit all encroachments, including fill, new construction, substantial improvement to existing structures, and other development, the applicant shall provide certification by a registered professional engineer demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100 year flood; 3. The Zoning Board of Appeals may specify such additional requirements and conditions as it finds necessary to protect the health, safety, and welfare of the public. November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 3660. Subdivision Standards for the Flood Plain District All subdivision proposals and other proposed new development shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If any part of a subdivision proposal or other new development is located within the Flood Plain District established under the Zoning By-Laws it shall be reviewed to assure that: l. The proposal is designed so as to minimize the risk of damage due to flooding; 2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed so as to minimize or eliminate the risk damage due to flooding; 3. Adequate drainage systems are provided in order to reduce exposure to flood hazards; 4. Base flood elevation data (the level of the 100-year flood) is provided for all proposals for development within the Flood Plain District. November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 3670. Health Regulation Pertaining to the Flood Plain District The Board of Health, in reviewing all proposed water and sewer facilities to be located in the Flood Plain District established under the Zoning By-Law, shall require that: 1. New and replacement water supply systems be designed to minimize or eliminate infiltration of flood waters into the systems, and 2. New and replacement sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
3680. Conservation Commission Duties 1. Notify, in riverine situations, adjacent communities and the Massachusetts Division of Water Resources, the State Coordinating Agency, prior to any alteration or relocation of a watercourse where an order of conditions has been issued, and submit copies of such notification to the Federal Insurance Administration. 2. Assure that the flood capacity within the altered or relocated portion of any water course is maintained. November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984 3690. Development Regulations 1. Within Zone A1-30, all mobile homes shall provide that: a. stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; and b. adequate surface drainage and access for a hauler are provided; and c. in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart, and reinforcement is provided for piers more than six feet above ground level. 2. The placement of mobile homes, except in an existing mobile home park or mobile home subdivision, are prohibited in the floodway. 3. In A zones, in the absence of FIA base flood elevation data, other available data shall be considered as a basis for elevating residential structures to or above base flood level, and flood proofing or elevating non-residential structures to or above base flood level. 4. In the regulatory floodway, any encroachment which would cause any increase in the base flood level is prohibited. November 28, 1983 - Special Town Meeting - Article 8 Approved by Attorney General - February 23, 1984
3700. SITE PLAN APPROVAL For the purpose of assuring proper drainage, safe access, administering provisions of this by-law in regard to parking and loading areas, signs, screening and to assure adequate consideration for abutting land owners, a site plan shall submitted for the following: This section shall apply to all new uses or additions to existing uses or buildings or structures for which a Site Plan is required by Section 3740 EXCEPT, when both of the following are met: a.) projects involving the use of an existing building and no exterior changes other than signage, standard exterior building illumination (exits included) and trash containers (which are screened from adjacent properties and street) and no site elements which mitigate negative impacts are proposed for elimination; and, b.) the proposed use is permitted as a matter of right pursuant to Section 2300 "Use Regulation Schedule" of this Bylaw.
3710. CONTENTS: Said site plan shall show the following: A. All property boundaries and the use and ownership of abutting land and the location and use of any building thereon of the subject property. B. All existing and proposed buildings, structures, parking spaces, driveway openings, loading areas and service areas on the subject property. C. Provisions for screening, surfacing, lighting, landscaping (including fences, wall, planting area, and walks), and signs. D. Provisions for waste disposal, drainage, dust, erosion control and other utilities.
3720. CRITERIA: In reviewing such plans, the Planning Board shall consider the following: A. Protection of adjoining premises and the general neighborhood from any detrimental impact resulting from the use of the subject property, including but not limited to, the creation of a nuisance by virtue of noise, odor, unsightliness, signs, or vibration. B. Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets, properties or improvements. C. Adequacy of the methods of disposal for sewage, refuse, and other wastes and of the methods of drainage of surface water. D. Provisions for off-street loading and unloading of vehicles incidental to the servicing of the buildings and related uses on the subject of property. E. Projects involving in excess of 5 acres or 10,000 sq. ft. of building shall require an environmental impact report and performance bond (amount of bond to be determined by the Planning Board) unless waived by the Board.
3730. PROCEDURE: A site plan subject to this section shall be submitted, in duplicate to the Town Clerk who shall give the applicant a dated receipt. The Town Clerk, within three (3) days of receiving such a site plan shall transmit one copy to the Inspector of Buildings for his review. The Inspector of Buildings shall within five (5) working days report his findings and recommendations in writing, to the Town Clerk. If the Inspector of Buildings finds that the plan does not show the information specified in Section 3710.A-D above, he shall notify the Town Clerk in writing, who shall return the plan to the applicant with a copy of the Inspector's report. If the plan does comply or if the Inspector fails to respond within five (5) days the Planning Board shall conduct a Public Hearing within sixty-five (65) days of the receipt of the plan by the Town Clerk. The Community Development Department shall submit recommendations to the Board prior to the hearing and if the proposed project must be authorized by a special permit or special permits, the special permit granting authority shall hold a hearing to act on the permit prior to the Planning Board's hearing. The Planning Board may, in approving such a plan, establish a time period within which the approval so granted shall be exercised. Such time period shall not exceed two (2) years. The applicant shall be notified by the Town Clerk of a plan meeting the requirements of Paragraph 1 above, of the actions taken, or approval will be assumed and the Town Clerk shall issue a certification to that effect. No building permit shall be issued for any building or structure or use of land for which site plan approval is required unless approval thereof shall have been obtained in compliance with the above. The Planning Board may adopt from time to time such additional procedures, criteria, forms, etc., as it may deem appropriate to administer this section.
3740. USES REQUIRING SITE PLAN APPROVAL Restaurants. Recreation including golf courses, ski areas and tows and parks including amusement parks, schools, including nursery and kindergarten schools, dance and music studios. Veterinary hospitals, stables and kennels, commercial raising or breeding animals for sale, poultry farms and boarding animals. Cemeteries, hospitals, sanitariums, or other medical institutions including non-profit research laboratories, nursing homes, or charitable institutions. Telephone exchange buildings, radio stations, other utility structures. Building to house generators, boilers, and similar equipment used in connection with greenhouses and farms. Research laboratories. Office buildings. Multi-family dwellings. Tourist homes and boarding or rooming houses, hotels, motels. Membership clubs. Retail store or service establishment. Gasoline service stations, garages and repair shops. Passenger depots and terminals. Theater halls, bowling alleys, skating rinks, clubs and other places of amusements of assembly. Manufacturing enterprises. Contractors storage, warehouses and buildings, wholesale distribution plants. Printing and publishing establishments, photographic studios, medical or dental laboratories. Storage tanks or yards either above or below ground. Construction of man made body of water or alteration or any body of water or diversion of any stream that is running. Underground tanks, direct burial tank of any fluid substance. Signs when principal uses or accessory to uses listed in this section. Uses accessory to principal uses listed in this section. May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 27, 1986 - Annual Town Meeting - Article 50 Approved by Attorney General July 29, 1986 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987 Amended May 28, 1991 - Annual Town Meeting - Article 24 Approved by Attorney General - September 13, 1991
ARTICLE IV. SPECIAL REGULATIONS
4110. The area used for the home occupation shall not exceed twenty-five percent of the grade floor living space.
4120. The home occupation shall be accommodated within an existing structure without extension thereof.
4130. Not more than two persons not members of the household shall be employed on the premises in the home occupation.
4140. There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or other variation from the residential character of the principal building other than a sign not to exceed two square feet in area.
4150. No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced (see Section 3200).
4160. Traffic generated shall not exceed volumes normally expected in a residential neighborhood.
4170. Parking generated shall be accommodated off-street, other than in a required front yard.
4180. A certificate of occupancy shall be applied for and issued by the Building Inspector for such use, following any change in ownership or tenancy. Amended October 12, 1982 - Special Town Meeting - Article 14 Approved by Attorney General - January 11, 1983
4210. Mobile Home Parks - Mobile home parks shall be operated only under license from the Board of Health and shall conform to the following minimum requirements: (a) Parcel minimum area to be ten acres. (b) Each plot shall have a minimum area of 4,000 sq. ft. and shall be serviced with electricity, water, and sanitary drainage suitable for permanent connection. (c) No mobile home shall be placed within 100 feet of a street line, or within 60 feet of any other lot line. (d) No mobile home shall be closer to another mobile home or other structure than 10 feet end to end, or twenty-four feet laterally.
4220. Camp Grounds - Camp grounds shall be operated only under license from the Board of Health, and shall conform to the following minimum requirements: (a) Parcel minimum area to be ten acres. (b) If each plot is not serviced with water and sanitary drainage, common sanitary facilities meeting all requirements of the Adams Board of Health shall be provided. (c) No unit for overnight occupancy shall be placed within 75 feet of a street line, or 60 feet of any other lot line. (d) The development shall comply with all requirements of Article VIII of the Sanitary Code for the Commonwealth of Massachusetts.
4300. CLUSTER DEVELOPMENT Parcels in excess of 5 times the minimum lot size and located within the R-1 District may be subdivided and developed with clustered lots upon issuance of a Special Permit by the Planning Board. Such permit shall be subject to all applicable codes and regulations and shall additionally comply with the following requirements and conditions. The proposed development shall be, in the judgement of the Planning Board, superior to a conventional plan in preserving open space for conservation or recreation, utilizing natural features of the land, and allowing more efficient provision of public services; and at least equal to a conventional plan in other respects.
4310 Permitted Uses. The following principal uses of the lots within the Cluster Residential Development shall be permitted: one-family detached dwellings; multi-family residential structures with up to six dwelling units; church or other religious purposes; agriculture on parcels greater than 5 acres; public park; conservation area and preserved open spaces and membership clubs and recreation facilities for the exclusive use of the residents of the development.
4320 The total number of dwelling units shall not exceed the number of dwelling units which could legally be constructed were it not for the provisions of this section, to be estimated in the absence of an alternative conventional plan as being equal to 85% of the overall parcel area divided by the lot area requirements for the R-1 district as provided in Section 2500.
4330 Dimensional Requirements 1. Single family detached house cluster a. Lot size: no lot shall be less than 21,780 square feet. b. Lot frontage: A cluster lot shall have a minimum frontage of not less than 75 feet. c. Required minimum open space: 35% of the gross land area of the tract. 2. Multi-family cluster development a. Distance between structures: The minimum distance between structures shall be 40 feet. b. Distance between building cluster: The minimum width of open land between any building cluster and adjacent property not part of the cluster development shall be 100 feet.
4340. The lots for building purposes shall be grouped in a cluster or in clusters, and within each cluster the lots shall be contiguous. The maximum number of dwelling units that may be clustered in one cluster with no intervening open space shall be twenty-four (24).
4350. All remaining land in the tract, not contained in building lots or within road rights of way, shall be contiguous, or if not contiguous, in parcels of not less than two acres in each area, having not less than 40 feet of frontage on a street, and of such shape and condition as to be usable for recreation.
4360. All land not designated for roads, lots for dwellings or other development within the tract shall be held for common open space. Such land shall either be conveyed to the Town of Adams and accepted by it for park or open space use, or be conveyed to a non-profit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of the lots or residential units within the plan. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units. In any case, where such land is not conveyed to the Town, a restriction enforceable by the Town of Adams shall be recorded providing that such land be kept in an open or natural state and not be built upon or developed for accessory uses such as parking or roadway. Building coverage shall be for exclusively recreational purposes and shall not exceed 5% in such recreation areas. Where such common open space is to be held by an association of owners or where suitable easements may be negotiated on behalf of such association or of individual owners, such open space may be used for on-site sanitary or water supply facilities, subject to all codes and regulations, provided that maintenance of such facilities is enforceable solely on the owners whether singly or jointly. Such common open space may also be leased or otherwise made available for agriculture.
4370 Approval of a Cluster Development shall be subject to a subdivision plan designating streets, lots, parcels to be dedicated, and parcels for community use, in conformance with the Regulations Governing the Subdivision of Land, Town of Adams, and further to the requirements of site plan approval, section 3700 of this Bylaw.
4380 Subsequent to approval of such Cluster Development, no land therein shall be sold and no lot line shall be changed in such way as to increase the number of lots or the extent of non-conformity with the provisions of Section 2500 of this By-law. Prior to development or sale of any lot within a Cluster Development all lots to be so developed shall be shown on a plan recorded in the Registry of Deeds. 4390 Cluster Development Density Bonus Where cluster residential development is elected, additional density may be granted by Special Permit of the Planning Board as a bonus for the provision of common open space. Such bonus shall be granted at the time of issuance of the Special Permit for cluster development and shall not exceed an increase of 20% in the number of dwelling units permitted by section 4320. Amended May 29, 1979 -Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979 Amended May 26, 1987 - Special Town Meeting - Article 15 Approved by Attorney General - September 10, 1987
4410. The Board of Appeals may grant a special permit for the construction and occupancy of a Planned Development as permitted in Section 2300, subject to the following regulations and conditions.
4420. The intent of Planned Development is to allow relatively intensive use of land, while at the same time preserving open space for conservation and recreation; to introduce variety and choice into residential development; and to facilitate economical and efficient provision of public service.
4430. Applicants are encouraged to submit preliminary materials for informal review by both the Board of Appeals and the Planning Board prior to formal application. Applicants for a Special Permit for a Planned Development shall submit to the Board of Appeals five copies of an application and of an Overall Concept Plan. The Concept Plan shall indicate (1) location and boundaries of the site; (2) proposed land and building uses; (3) existing topography and proposed grading; (4) location of streets, ways and parking; (5) areas of proposed and retained vegetation; (6) distinctions between upland and wetland; (7) water, drainage, and sewerage systems; and (8) location of any proposed structures. The plan shall have been prepared by a registered landscape architect, architect, civil engineer, or land surveyor. If necessary in order to determine compliance with the requirements or intent of this by-law, the Board of Appeals may require engineering or environmental analyses to be prepared at the expense of the applicant, employing professionals approved by the Board of Appeals. Portions of the Concept Plan may be designated for development at a later phase. Those portions of the Plan may initially omit items (4) through (8) of the contents above, which shall, however, be shown on a plan approved as a 'Major Amendment' (see Sec. 4470(a)) prior to granting of any building permits within such area. If the application so stipulates and the necessary plans, elevations, and sections have been submitted (see Section 2210), the Board of Appeals may, as part of the same procedure in acting upon the Overall Concept Plan, act upon Special Permits for those uses which require them. Amended May 20, 1974 - Special Town Meeting - Article 1 Approved by Attorney General July 31, 1974
4440. Within three business days of receipt of the application and required plans, the Board of Appeals shall transmit two copies of all these materials to the Planning Board, and one copy each to the Board of Health and Conservation Commission. The Planning Board, Board of Health, and Conservation Commission shall submit written reports to the Board of Appeals within 35 days of the application date. The Board of Appeals shall make no decision upon the application and shall not close their hearing until receipt of the Planning Board, Board of Health and Conservation Commission reports, or until 35 days have lapsed since date of application without such report. Amended May 29, 1979 -Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979
4450. In considering Special Permits under this paragraph, the Board of Appeals shall give consideration to the reports of the Planning Board and Board of Health, and to the degree to which the proposed development conforms to the intent of Planned Development outlined in Section 4420 above.
4460. Any Planned Development must conform to the following: (a) The Development shall comprise at least 25 acres. (b) The Total number of single-family dwelling units allowed within a Planned Development shall be determined by dividing the total land area within the Planned Development by the 'minimum lot area' set forth in Section 2600 for single-family dwelling units, minus one dwelling unit for every five sleeping rooms in a Resort, Hotel, Motel or Motor Inn. The total number of multi-family dwelling units allowed within a Planned Development shall be determined by multiplying two times the difference between the number of single-family dwelling units allowable under the preceding sentence, and the number of single-family dwelling units designated to be within the Planned Development. Where the Planned Development lies in more than one district, the number of dwelling units allowed shall be calculated as above for each district and summed to give an overall allowable total which may be located in any district without respect to allowable subtotals by districts. The Board of Appeals may reduce the number of allowed Units to reflect allocation of land within the Development to uses unrelated to the dwellings.(c) Minimum lot area and frontage requirements for single-family dwellings shall equal 50% of those prescribed by Section 2600 'Intensity of Use Schedule'. Single-family, attached single-family, two-family, garden apartments, high-rise apartments, and Resorts shall be allowed in all districts within a Planned Development if granted a special permit by the Board of Appeals. Sideyard requirements are waived, except where the Development abuts other property and on lots for which the Overall Development Plan does not indicate building location. The sideyard requirements, where not waived, shall be those set forth in Section 2600, provided always that attached single-family, garden apartments, and high-rise apartments shall meet the sideyard requirements of Section 2700, R2A District. Maximum coverage shall be 10% of lot area higher than as prescribed by Section 2600. Building height may be increased above the limits of Section 2600 upon determination by the Board of Appeals that such increase will not create undesirable conditions caused by over-shadowing, loss of privacy, microclimate disturbance or visual intrusion,that utility and protective services will be adequate, and that no such building shall be nearer the Development boundary than twice the building height. (d) Uses allowed by right or allowable by special permit in a district within which the Planned Development is situated shall be allowed at any location within the Planned Development, subject to the requirements of the district in which the location is situated as modified by these Sections 4460 (b) and (c), and except that the Board of Appeals rather than the Board of Selectmen shall act on application for uses designated "SPS" in Section 2300. Certain additional residential uses are allowed as cited in paragraph (c) above. In addition, retailing, services and other non-residential uses, if not otherwise allowed by right or allowable by special permit or under paragraph (b) or (c) hereof, may nevertheless be allowed on special permit by the Board of Appeals, and if deemed by the Board of Appeals to be primarily servicing the residents or overnight guests of the Planned Development, and provided that not more than 5% of the overall land area of the Development tract is devoted to such normally disallowed use, and at no time does the gross floor area occupied by such uses exceed 5% of the gross floor area of all residential structures occupied within the Development Tract. In Forest Recreation Districts, Business and Open Uses may be permitted in addition to the above limitations. (e) Not less than 20% of the land area within the Planned Development shall be preserved for recreation, open space, conservation, or public use. Preservation shall be guaranteed through one or more of the following: 1. Dedication to and acceptance by the Town of Adams. 2. Dedication to and acceptance by the Adams Conservation Commission. 3. Dedication, by covenant or comparable legal instrument, to the community use of the residents of the Planned Development, for recreational purposes. Building coverage shall not exceed 5% in such dedicated areas. Ownership of common open space areas shall be arranged and maintenance shall be permanently assured through an incorporated association, condominium deeds or other recorded land agreement through which each residential lot owner in the Development is automatically a member and each residential lot is subject to a charge for a share of the maintenance expenses; or through comparable arrangement satisfactory to the Board of Appeals. 4. Restriction, by deed restriction recorded in the Registry of Deeds enforceable by owners of lots or condominia within the Planned Development, to golf course, ski area, or similar extensive recreational use. If paragraphs (3) or (4) are elected, the town or its Conservation Commission shall be granted a Conservation Restriction or easement over such land sufficient to ensure its perpetual maintenance in the use to which it is dedicated or restricted. f) Access, drainage, utilities and grading shall serve each structure in the manner otherwise required for separate lots in a subdivision, whether or not the development comprises a sub-division. Prior to the issuance of building permits, the Planning Board shall certify to the Building Inspector that a detailed site plan has been submitted to them and meets this standard, and before occupancy permits for any structure are issued, the Building Inspector shall certify to the Board of Selectmen that improvements to meet such standard have either been completed to serve such structure, or security for their completion has been received. If the Board of Appeals has approved a Planned Development to be constructed in phases, the Building Inspector's certification shall relate only to phases of the Development for which the applicant has requested building permits. ADAMS ZONING BY LAWS - SECTIONS 4460 - 4470 Amended May 20, 1974 - Special Town Meeting - Article 1 Approved by Attorney General - July 31, 1974
4470. a) Any special permit granted by the Board of Appeals for a Planned Development under the provisions of this Section shall incorporate by reference the plan required at Section 4430, and development schedule submitted by the developer with the application. Minor amendments to such special permit may be granted by the Board of Appeals, upon application and for good cause shown, but without necessity of a public hearing; provided, however, that any of the following shall be considered a major amendment, and shall be acted upon only under the procedure applicable to the initial approval for a Planned Development: (1) Reduction in the amount of land preserved for recreation, open space use, conservation, or public use; or any change in the general location of such land as provided in the Permit; or (2) Any change in the general layout of the ways as provided in the Permit; or (3) Any increase in the number of lots or dwelling units for sleeping rooms as provided in the Permit; or (4) Altering the location of any building or structure by more than ten feet or distance as otherwise specified by the Permit Granting Authority at the time of the special permit approval. (5) Approval of detailed provisions for portions of a Concept Plan designated for development at a later phase. b) No lot shown on a plan for which a Permit is granted for a Planned Development may be further subdivided so as to increase the number of lots unless approved as a major amendment, and a notation to this effect shall be shown on any Definitive Plan of a subdivision based upon this section. c) Prior to the issuance of an occupancy permit or sale of any lot within a Planned Development, all lots to be so developed shall be shown on a plan recorded in the Registry of Deeds or registered with the Land Court, and a covenant or other instrument satisfactory to the Board of Appeals shall have been executed assuring the conservation or recreational use of lands so designated in the application, except that lots need not be shown for areas designated for development in a later phase. Amended May 20, 1974 - Special Town Meeting - Article 1 Approved by Attorney General - July 31, 1974 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990
4510. General - The removal from the premises of more than 20 cubic yards of topsoil, borrow, sod, loam, pea, humus, clay, sand or gravel, (but not rock) in any 12 month period, except when necessary incidental to or in connection with the construction at the site of removal of a building for which a permit has been issued within the past six months or for grading or otherwise improving the premises of which such building is part or for road construction within an approved subdivision, shall not be permitted except in accordance with Section 2330 and with the following conditions and procedures.
4520. Permit from the Board of Appeals - Written application for a Special Permit must be made to the Board of Appeals. The following shall be conditions for such issuance:
4521. General - For above 300 cubic yards the application shall be accompanied by a plan prepared by a registered Land Surveyor or Engineer showing names and addresses of all abuttors, including those across any street or way, existing grades in the area from which the above material is to be removed, and in surrounding areas, together with the proposed finished grades at the conclusion of the operation, and the proposed cover vegetation and trees.
4522. General - For above 500 cubic yards a performance bond in an amount to be determined by the Board of Appeals has been posted in the name of the Town assuring satisfactory performance in the fulfillment of the requirements of this By-Law and such other conditions as the Board of Appeals may impose as conditions to the issuance of its permit.
4523. Before granting a permit, the Board of Appeals shall give due consideration to the location of the proposed earth removal, to the general character of the neighborhood surrounding such location and to the general safety of the public on the public ways in the vicinity.
4531. Removal shall not take place at any grade less than one foot above the grade level of any adjacent street or way, or below a level that would reasonably be considered a desirable grade for the later development of the area, or below the grades specified on the plan accompanying the permit application.
4532. During removal operations no slope shall exceed one foot vertical rise to one and one-half foot horizontal distance or the natural angle of repose of the material in a dry state, whichever is the lower, except in ledge rock. Amended October 12, 1982 - Special Town Meeting - Articles 21, 22, 23 Approved by Attorney General - January 11, 1983 Amended May 26, 1992 - Annual Town Meeting - Article 23 Approved by Attorney General - August 25, 1992
4533. Provision shall be made for safe drainage of water, and for prevention of wind or water erosion carrying material onto properties.
4534. Soil shall not be disturbed within one hundred feet of the boundaries of the premises, excepting at the conclusion of operations if required in order to improve the overall grading. 4540. Restoration - Forthwith following the expiration of withdrawal of a permit, or upon voluntary cessation of operations, or upon completion of removal in a substantial area, that entire area shall be restored as follows:
4541. All land shall be so graded that no slope exceeds one (1) foot vertical rise in three (3) feet horizontal distance and shall be so graded as to safely provide for drainage without erosion.
4542. All boulders larger than one-half cubic yard shall be removed or buried.
4543. The entire area excepting exposed ledge rock shall be covered with not less than four (4) inches of good quality loam, which shall be planted with cover vegetation adequate to prevent soil erosion, using either grasses or ground cover, depending upon conditions.
4544. Bond shall not be released until sufficient time has lapsed to ascertain that the vegetation planted has successfully been established and that drainage is satisfactory.
4550. Additional Conditions - The Board of Appeals may set conditions in addition to the above, including but not limited to: duration of the permit, hours of the day during which removal may take place, hours during which vehicles may leave the premises, and trees to be planted.
4560. "Permit Duration" - "Permits for soil removal will be issued for one year periods only regardless of variances or special permits.
4570. Removal Activities Prior to this By-law. Earth removal activities in lawful operation at the time this By-law is adopted may continue until abandoned for more than 24 consecutive months, provided that within 24 months after the effective date of this By-law the owners of such premises shall submit to the Board of Appeals a plan and application as required in Section 4520. Amended May 29, 1979 -Concurrent Annual Town Meeting - Article 10 Approved by Attorney General - October 9, 1979 Amended May 26, 1992 - Annual Town Meeting - Article 24 Approved by Attorney General - August 25, 1992
4610. No fence or wall, within 20 feet of a boundary shall exceed eight feet in height, except for chain link or similarly open security fences in industrial districts, no fence or hedge shall exceed 36" in height within any required front yard area or within 20 feet of the street line, whichever is the lesser requirement, or within 12 horizontal feet of a habitable room in an abutting dwelling. Refer to Section 2550 for specifications for corner lots.
4615. Barbed wire, electrified or similar fencing shall not be permitted except for agricultural purposes in R-1 or R-2 districts. Such fencing for security reasons may be authorized by special permit from the Zoning Board of Appeals.
4620. Every outdoor swimming pool considered to be a structure (see definition) whether or not filled with water shall be completely surrounded at all times by a fence or wall not less than four (4) feet in height above grade, which wall may be the pool wall itself.
4621. Every such fence or wall shall be so constructed and maintained as to not have openings, holes or gaps larger than four inches in any dimension except for doors, gates and picket fences; in the latter case, however, the gaps between pickets shall not exceed four inches.
4622. All gates or doors opening through such enclosure shall be of not less than the same height as the fence or wall and shall be equipped with a self-closing and self-latching device located at least four (4) feet above the under-lying ground and inaccessible from the outside to small children. Every such gate or door shall be kept locked at all times when the swimming pool is not in use, and any ladders removed.
4625. Temporary security fences shall be allowed in conjunction with valid Building Permits for construction and/or demolition at a site. Such fences shall not exceed eight (8) feet in height and shall be constructed of materials adequate to prevent unauthorized entry. Said fences will be allowed for a period of ninety (90) days, with extensions granted for up to one (1) year upon written request." Amended October 12, 1982 - Special Town Meeting - Article 15 Approved by Attorney General - January 11, 1983 Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 26, 1992 - Annual Town Meeting - Article 27 Approved by Attorney General - August 25, 1992 Amended May 30, 1995 - Annual Town Meeting - Article 20 Approved by Attorney General - August 20, 1995 A
4700. ACCESSORY SCIENTIFIC USES Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a Special Permit by the Board of Appeals provided the granting authority finds that the proposed accessory use does not substantially derogate from the public good. Amended May 29, 1979-Article 10 - Concurrent Annual Town Meeting Approved by Attorney General - October 9, 1979
4800. ACCESSORY RESIDENTIAL USES IN ONE FAMILY DWELLINGS: ACCESSORY APARTMENTS An accessory apartment is a second dwelling unit located within a structure constructed as a detached one family dwelling, subordinate in size to the principal dwelling unit and separated from it, in a manner that maintains the appearance of the structure as a one family dwelling.
4810. PURPOSE The provision of accessory dwelling units in owner occupied one family dwellings is intended to: 1) increase the number of small dwelling units available for rent in the town, 2) increase the range of choice of housing accommodations, 3) encourage greater diversity of population with particular attention to young adults and senior citizens, and 4) encourage a more economic and energy-efficient use of the town's housing supply, while maintaining the appearance and character of the town's single family neighborhoods.
4820. CONDITIONS AND REQUIREMENTS
4821. GENERAL 1. The owner of the dwelling in which the accessory apartment is created, shall occupy either of the dwelling units in the structure. 2. There shall be no more than one accessory apartment within a one family dwelling. 3. There shall be no boarders or lodgers within either unit of a dwelling with an accessory apartment. 4. The lot area shall be at least 10,000 square feet. 5. The net floor area of the dwelling shall have been at least 2,500 square feet as of January 1, 1987. 6. The maximum net floor area of the accessory apartment shall not exceed 30 percent. 7. There shall not be more than two bedrooms in an accessory apartment. 8. The Health Officer shall certify that the means of water supply and sanitary disposal shall be adequate to support both dwelling units.
4822. EXTERIOR APPEARANCE The accessory apartment shall be designed so that the appearance of the structure remains that of a one family dwelling, subject further to the following conditions and requirements: 1. All stairways to second or third stories shall be enclosed within the exterior walls of the dwelling. 2. There shall be no enlargements or extensions of the dwelling in connection with any accessory apartment except for minimal additions necessary to comply with building, safety or health codes, or for enclosure of an entryway, or for enclosure of a stairway to a second or third story. 3. Any new entrance shall be located on the side or in the rear of the dwelling.
4823. OFF-STREET PARKING There shall be provided at least two off-street parking spaces for the principal dwelling unit and at least one off-street parking space for the accessory apartment. In addition, all parking spaces shall be subject further to the following conditions and requirements: 1. Each parking space and the driveway leading thereto shall be paved or shall have an all-weather gravel surface. No motor vehicles shall be regularly parked on the premises other than in such a parking space. 2. There shall be no more than four outdoor parking spaces on the lot.
4830. PROCEDURES Construction of an accessory apartment shall be permitted upon issuance of a building permit by the Building Inspector based upon compliance with the conditions and requirements of this Bylaw and any other applicable codes and regulations.
4831. ACCEPTANCE OF EXISTING ACCESSORY APARTMENTS 1. Owners of existing second dwelling units in violation may apply to the Building Inspector for a determination of compliance before January 1, 1989. Applications shall be accompanied by a filing fee and by such plans and other documentation related to the conditions and requirements of section 4820 as may be required by the Building Inspector. 2. Within 90 days the Building Inspector shall issue one of the following: a. A determination of compliance and a certificate of occupancy. b. A conditional determination of compliance describing corrective changes needed to bring the second dwelling unit into compliance, which shall be completed within 90 days of the date of the conditional determination. Upon successful completion of the required changes, the Building Inspector shall issue a certificate of occupancy. c. A determination of non-compliance with one or more of the requirements of Section 4820, together with a listing of those requirements and conditions with which compliance cannot be achieved through corrective changes. The owner of a second dwelling unit built prior to January 1, 1987, is eligible to apply within 60 days of the date of the determination to the SPGA for a special permit for caintenance of an existing, non-complying apartment, subject to the special conditions in section 4832.
4832. SPECIAL PERMIT FOR PRE-EXISTING NON-CONFORMING UNIT 1. Upon presentation of evidence of construction prior to January 1, 1987, the owner may apply to the SPGA for a special permit for maintenance of an existing non-complying apartment. 2. The SPGA shall ordinarily grant a special permit for the existing non-complying second dwelling unit unless specific evidence is submitted supporting any claim that the unit has caused a deterioration of the single family neighborhood, a decrease in property values, or has caused any other substantial detrimental effect on the public welfare and convenience. In weighing such claims and evidence, the SPGA shall consider whether any changes required to bring the second dwelling unit into compliance are sufficient to counteract any prior negative impact. 3. In granting a special permit, the SPGA may impose such additional conditions as it may deem necessary to protect the single family appearance of the dwelling, and to bring the dwelling as close to conformity with the conditions and requirements for new accessory apartments, section 4820, as is feasible. 4. If a special permit is granted and corrective changes are required, they must be completed within 90 days of the date of granting the permit. When required changes are completed, the Building Inspector will issue a certificate of occupancy. 5. If a special permit is denied, the second dwelling unit shall be terminated within one year of the date of the denial. Amended Special Town Meeting - May 26, 1987 - Article 14 Approved by Attorney General - September 10, 1987
4901 Planned Unit Resort Developments shall be permitted only under a Special Permit from the Planning Board. The Special Permit criteria contained in this section shall apply in addition to those contained in Section 1400, "Special Permits."
4910 Purpose To permit greater flexibility in the development of land by requiring few predetermined standards; to permit a developer to propose a site development and use plan unique to a particular location; to permit the use of development standards more detailed than the general standards elsewhere in this bylaw; to provide information for the Town to evaluate the potential impacts of a proposed development; and to enable the Planning Board to require adherence to a site development and use plan (Master Plan) in the granting of a Special Permit.
4920 Establishment of Planned Unit Resort Development Planned Unit Resort Development (PURD) requires a Special Permit from the Planning Board. Where development is elected under a PURD Special Permit, the requirements of this section shall supersede and replace all dimensional and use requirements of the zoning district in which the PURD is proposed.
4930 Minimum Development Area The minimum acreage for establishing a Planned Unit Resort Development is 1,000 acres.
4940 Permitted Uses The applicant shall submit as part of the overall Master Plan a description of the quality and actual mix of the use elements proposed to be developed together with a narrative justification of the suitability of such use elements in the particular location. The following uses are allowed: inn and conference centers up to 200 guest rooms, camping and rustic lodging, educational facilities, restaurants, retail use up to 25,000 total square feet, active and passive recreational uses (i.e. golf course, club house, tennis courts, fitness center, etc.), residential uses, agriculture and conservation areas and other related uses deemed by the Planning Board to be compatible with the overall resort character.
4950 Preapplication Conference Prior to the submission of an application for Special Permit, the applicant is advised to confer with the Town Department heads at a meeting under the direction of the Office of Community Development to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data.
4960 Preliminary Development Plan An applicant is encouraged but not required to file a Preliminary Development Plan with the Planning Board. Such filing will not be deemed an application for Special Permit. The Preliminary Development Plan shall contain the following: a land use plan of the area proposed for the PURD showing the uses as permitted; any areas proposed to be dedicated or reserved for interior circulation, public parks, public buildings, open space, or otherwise dedicated or reserved areas; a general circulation plan indicating the proposed movement and relative volumes of vehicles, goods, and pedestrians within the site, and to and from public thoroughfares; Tables showing overall density of development by land use type; a plan demonstrating that all utilities including water supply and sewage disposal will meet the needs of the proposed development; and approximate locations of environmentally sensitive areas such as steep slopes, wetlands and rare and endangered species habitat.
4970 Master Plan Project approval will be dependent on an approved Master Plan that describes in detail those elements required in a Preliminary Plan and in conformance with the criteria established under Site Plan Approval, Section 3700 of this bylaw. This shall include existing conditions, the boundaries of land use zones, the exact mix of uses on the site, all dimensional criteria, architectural renderings and other design treatments, landscaping and environmentally sensitive areas. The Master Plan shall contain reasonable and enforceable standards and limitations which the Planning Board determines are necessary to achieve the goals, protections and controls equivalent to those achieved by the guidelines contained in this Section 4900. The issuance of a Special Permit shall authorize the commencement of the construction and improvements described in such Special Permit, subject to the issuance of any required building permit.
4980 Special Permit Requirements The applicant shall submit an application for a Special Permit in conformance with MGL Chapter 40A Section 9; accompanied by the original Master Plan plus six copies to the Town Clerk accompanied by a certified check made payable to the Town of Adams in the amount of $500.00 to cover filing fees.
4981 Contents The contents of the Special Permit application shall be in conformance with the requirements governing the submission of final plans under the Town of Adams Regulations Governing the Subdivision of Land and further complying with the requirements for Site Plan Approval, Section 3700 of this bylaw. Any requirements for environmental review may be satisfied in whole or in part by a formal submission required under the Massachusetts Environmental Policy Act (MEPA) upon acceptance by a majority of the Planning Board.
4982 Public Hearing Upon receipt of the Master Plan and an application for Special Permit, the Planning board shall, within sixty-five (65) days and in conformance with the requirements of MGL Chapter 40A Section 9, hold a Public Hearing. Because of the comprehensive nature of permits to be issued under this section, where practical, this hearing for a Special Permit shall be held simultaneously and in joint session with other permit granting authorities and requirements including but not limited to Site Plan approval, wetlands and Board of Health regulations.
4983 Special Permit Approval/Denial Within ninety (90) days of the hearing date, the Planning Board shall either issue or deny the Special Permit. If the Planning Board issues the permit, it shall incorporate the Master Plan, as a condition of such permit and shall require that any development under such Special Permit comply with the Master Plan. The Special Permit may contain such additional conditions, modifications, restrictions and requirements as the Planning Board deems appropriate to effectuate the purposes and requirements of this section. If the Planning Board approves the Master Plan and subsequently issues a Special Permit, such issuance shall constitute a finding that the Master Plan incorporated therein complies with the Zoning Bylaws of the Town of Adams. Additionally such issuance shall constitute acceptance by the Planning Board of any Final Environmental Impact Report in conformance with MEPA and approved by the Secretary of the Massachusetts Executive Office of Environmental Affairs.
4984 Special Permit Criteria for Planned Unit Resort Development In considering the issuance of a Special Permit, the Planning Board has established the following Site Development Guidelines that will govern the development of the site. In order to receive a Special Permit, the applicant must adhere to these guidelines as far as practicable.
4985 Site Development Guidelines 1. Preserve the Integrity of the Site's Natural Resources a. Support, amplify, complement the natural features of the site and surrounding areas; b. Continue to provide the variety of experiences now found on the site: e.g. open fields, forests, streams, stone walls, viewsheds, etc.; c. A preservation area shall be maintained along the inside of the site perimeter; d. Design grading/land forms (e.g. golf course) to reflect and enhance natural topography; e. Preserve and enhance contrasting landscapes by preserving open fields, and wildlife habitat, restoring previously or disturbed damaged areas, and creating natural areas where development is prohibited; f. Retain existing vegetation, particularly trees, to provide wildlife habitat, windbreaks, shading, erosion control, filter strips, moisture retention and aesthetic benefits; g. Minimize forest fragmentation; h. Avoid development in areas affecting rare and endangered species; i. Avoid direct impact on wetlands. Protect wetlands by minimizing wetland crossings and activity within the 100' buffer zone. Insofar as practical, establish a 50 to 100' buffer of no disturbance around each wetland and waterway. j. There should be no significant diversion or damming of streams that contain rare and endangered species; k. Maintain any forested or shaded areas along those streams that contain rare or endangered species; l. Post-development runoff should equal pre-development runoff; m. Maintain the natural state of watercourses, swales, and floodways as much as possible; n. Natural drainages should be used where possible; o. Avoid development in areas affecting unique assemblages of organisms. p. Minimize on-site vehicular traffic; q. The existing land form shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal and the removal or alteration of any unique or historic features; r. Electric, telephone, cable TV and other such lines and equipment shall be underground. Where appropriate, support facilities such as storage, refuse disposal, and utility buildings should be located and screened to make them less visible. 2. Arrange Land Uses in a Complementary Manner a. The natural character and appearance of the Town shall be maintained or enhanced. Awareness of the existence of a development, particularly a higher density development, shall be minimized by screening views of the development from nearby streets, single-family neighborhoods or Town property by effective use of existing land forms, or alterations thereto, such as berms, and existing vegetation or supplemental planting; b. Open space shall be located and designed so as to increase the visual amenities of the neighborhood as well as for occupants of the development; c. The higher density development should not block scenic vistas; d. Create interconnected landscapes - contiguous networks within the site and beyond its boundaries; e. Insofar as possible, service areas and parking should be screened from view; f. Design for harmonious visual impact. Protect view and viewsheds within and beyond the site; and 3. Encourage and Improve Connections Within the Site, and the Town of Adams a. Circulation ways should connect to the Town of Adams to increase convenience and to decrease construction cost of roadways; b. Connections should be made to existing trail systems; c. A system of routes for pedestrians, and bicyclists, creating minimal conflicts with vehicles, shall be developed; d. On-site circulation corridors should complement and not interfere with active recreation uses, thus ensuring safety; e. The total parking count should be adequate; f. The total parking count need not be constructed at the outset. It is acceptable to initially build fewer that the total as long as the total cars are shown on the site plan so they may be eventually accommodated if the need arises; g. Insofar as it is possible, required parking should be on the periphery of the development cluster (not in a large lot in the middle of the cluster); h. All parking should be as unobtrusive as possible and in as park-like a setting as possible. Generous use of trees, shrubs and landforms should be employed to screen cars and generally soften their visual impact; and i. Special event parking shall be on the shoulders of roads and on grass fields; j. Buildings and grounds adjoining them, shall permit easy access and operation by emergency personnel and equipment; k. Where applicable, improved access to, or the development of additional links or connectors, shall be made to a Town system of public facilities and services such as conservation areas, recreation facilities, footpaths, or bicycle paths, streets transportation systems or utility systems; l. A system of routes for pedestrians and bicycles with minimal conflicts with vehicles shall be developed. Building arrangements should reflect the traditional New England village approach to land use. 4. Building Arrangements Should Reflect the Traditional New England Village Approach to Land Use a. Without specifying any particular architectural style, the scale massing and detailing of buildings shall be compatible with those prevalent in the neighborhood. Where a multi-family development is located adjacent to a neighborhood of single-family dwellings, the massing scheme and the selection of exterior materials for buildings shall be complementary to a single-family neighborhood. b. The removal or substantial alteration of buildings of historic significance, the new use of places of historic significance or the location of dwellings, or use adjacent to, and compatible with buildings or places of historic or architectural significance shall be minimized. c. Buildings shall be located: harmoniously with the land form, and other natural features of the site: effectively for solar and wind orientation, for energy conservation, and advantageously for views from the buildings while minimizing intrusion on views from other buildings. d. Structures and parking areas on the site should be clustered to allow minimal disturbance and to keep the majority of the site open; e. Location of the uses around a village common (open space) is encouraged. Orientation of the common to take advantage of the scenic views is also encouraged; f. Open spaces near buildings shall be designed to be pedestrian friendly. Use of wooden outdoor benches, gazebos, conservatories, etc., is encouraged; g. To minimize the visual impact on the neighborhood, buildings shall be set back a minimum of 100 feet from any property line; h. Buildings shall not exceed three stories, except for a focal structure which may have a spire or tower up to 60 feet tall; and i. Outdoor patios, verandas, gazebos, porches and other such architectural elements are encouraged. Amended - Special Town Meeting - May 26, 1987 - Article 10 Approved by Attorney General - September 10, 1987 Amended - Annual Town Meeting - May 30, 1995 - Article 22 Approved by Attorney General - July 5, 1995 Amended - Annual Town Meeting - May 27, 1997 - Article 23 Approved by Attorney General - September 9, 1997
In this By-Law the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied". The word "person" includes a corporation as well as an individual.
Accessory Building or Use; A building or use customarily incidental to and located on the same lot with the principal building or use, except that if more than 30% of the floor area or 50% of the lot area is occupied by such use, it shall no longer be considered accessory.
Accessory Retail: General retail or concession such as a newsstand, giftshop, lunch counter, drugstore, etc. constructed in conjunction with some other use such as office or industrial which is principally for the use or convenience of the employees, clients, customers, or other visitors to the principal use, but is open to the general public, and does not exceed 5% of the total floor area of the principal use.
Animal Kennel or Hospital: A structure or parcel of land used for the harboring and/or care of more than three dogs that are more than six months old, whether commercially operated or not.
Apartment, Multi-family: Dwelling in a multi-family structure accommodating three or more dwelling units. Bed and breakfast: A dwelling in which the person resident therein provides eating and/or sleeping accommodations in not more than four (4) guest rooms which are not provided with separate cooking facilities and whose guests use the cooking facility ordinarily used by the resident family. There shall be one bathroom for every two guest rooms.
Boarding, Lodging or Tourist Home; A building used for lodging, with or without meals, for compensation, for between 5 and 20 individuals.
Building; A structure enclosing useful space.
Building Height: The vertical distance from the mean finished grade of the ground adjoining the building to the highest point of the roof or parapet for flat or shed roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. Not included are spires, cupolas, TV antennae, or other parts of structures which do not enclose potentially habitable floor space.
Building Line: A line parallel to the street line, between which and the street line no part of any structure is located.
Dwelling, Two Family: A building containing two dwelling units.
Dwelling Unit: A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living and sleeping, cooking and sanitation.
Family: Any number of individually related by blood or marriage, or not more than four persons not so related living and cooking together in a single housekeeping unit.
Floor Area: The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, including the area of basements not more than 50% below grade, roofed porches and roofed terraces, excluding areas with less than six feet floor to ceiling height. All dimensions shall be measured between exterior faces of walls.
Hedge: A contiguous row of shrubs or trees serving the purpose of a fence.
Home Occupation: A business or profession engaged in within a dwelling or permitted accessory structure by a resident thereof as a use accessory thereto.
Hotel, Motel, Motor Inn: A structure providing accommodations for compensation for 20 or more persons, exclusive of employees domiciled on the premises; in some case including rooms for public assembly and dining.
Industrial Park: A parcel of ten (10) acres or more oriented towards corporate business and/or light industrial uses with quality facilities and landscaping developed in conformance with sections 2300 and 3450.
Junk: Any article or material or collection thereof which is worn out, cast off, or discarded and which is ready for destruction or has been collected or stored for salvage or conversion. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered junk.
Junk Yard: Premises, whether licensed or not, where waste or scrap articles or materials are abandoned, stored, sorted, packed, bought or sold, except where such activities are carried on entirely within an enclosed building or within an open area of less than 200 square feet.
Light Manufacturing: Research or testing laboratory printing plant, manufacturing establishment, or other assembly, packaging, finishing or processing use, provided that all operations shall be such as to confine disturbing smoke fumes, dust, odors, vibrations and noise to the premises.
Livestock: Any number of fur bearing animals, hogs, animals for hire, horses, cows, goats, sheep, or poultry other than customary household pets and as further qualified in Section 2300; private stable and dog kennel.
Lot: An area of land in one ownership with definite boundaries ascertainable by recorded deed or plan and used or set aside and available for use as the site of one or more buildings or for any other definite purpose.
Lot Area: The horizontal area of a lot exclusive of any area in a street or way open to public use. Not more than 10 percent of the lot area required for zoning compliance shall be area under water nine months or more in a normal year.
Lot,Corner: A lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting a curved street shall be considered a corner lot if the tangents to the curve at the point of intersection of the side lot lines intersect with an interior angle of less than 105 degrees.
Lot Coverage: Percentage of total lot area covered by structures or roofed.
Lot Frontage: That portion of a lot fronting upon and having access to a street or public way, to be measured continuously along one street line between its side lot lines and their intersection with the street line, or in the case of a corner lot, to the point of intersection of street side-lines extended.
Lot Width: The horizontal distance between side lot lines, measured parallel to the lot frontage at the proposed building line.
Mobile Home: A movable or portable dwelling built on a chassis, designed for connection to utilities when in use, and designed without necessity of a permanent foundation for year-round living.
Mobile Home Park: Premises which have been planned and improved for the placement of mobile homes for non-transient use.
Non-Conforming Use or Building: A lawfully existing use or building which does not conform to the regulations for the district in which such use or building exists.
Nursery School: School licensed by the Massachusetts Department of Education for daytime care and instruction of pre-school children.
Nursing, Convalescent or Rest Home, Hospital: Any institution licensed by the Department of Public Health as a nursing, convalescent or rest home, charitable homes for the aged, hospital or sanitarium pursuant to Sections 51 and 71 of Chapter 111, General Laws.
Open Space: Lot area not covered by any structure, drives, parking or storage, but including swimming pools, decks, patios, balconies and any roof area developed for recreation.
Parking Space: Space adequate to park an automobile, not less than 8 1/2 x 20 feet, plus means of access. Where spaces are not marked, each space shall be assumed to require 350 square feet.
Philanthropic Institution: An endowed or charitably supported, non-profit religious or non-sectarian activity maintained for a public or semi-public use. Public Entrance: Entrance to a building or structure observable and accessible from a public way, public parking or accessory parking area.
Public Utility: Electrical, gas, steam, water, communication or transportation systems and their appurtenances.
Public Utility - Essential Service: Underground or overhead gas, electric, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utility.
Quarrying: The extraction and processing of rock.
Radio Transmission: Premises used for the commercial transmission of radio or television, not including studios.
Restaurant: Establishment for the sale of prepared food, more than half of which is consumed on the site.
Restaurant, Drive-in: Establishment for the sale of prepared food, some of which but less than half of which is consumed on the site.
Restaurant, Take-out: Establishment for the sale of prepared food, none of which is consumed on the site.
Rooming Unit: A room or group of rooms arranged or used for lodging where cooking facilities are not provided.
Sign: Any device to inform or attract the attention of persons not on the premises on which the sign is located, including window signs and any building surfaces which are internally illuminated or decorated with gaseous tube or other lights; provided, however, that the following shall not be included in the application of the regulations of this By-Law: (a) Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations. (b) Flags and insignia of any government except when displayed in connection with commercial promotion. (c) Legal notices; identification, informational or directional signs erected or required by governmental bodies. (d) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights. (e) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter. (f) Signs on or in the rollingstock, stations, or structures of or used by common carriers except on bridges or viaducts or abutments thereof. (g) Standard gasoline pumps bearing thereon in usual size and form the name, type, and price of gasoline.
Sign, Area of: The entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. One side only of signs with faces at 180 degrees to each other shall be counted. Frames and structural members not bearing advertising matter shall not be included in computation of sign area unless those elements are internally or decoratively lighted.
Sign, Free-Standing: A sign erected or affixed to the land, and not attached to a building. Sign, Non-Accessoy: Any billboard or sign not an accessory sign.
Sign, Temporary: A sign which, by its inherent nature, can be expected to remain in place for less than a year, as real estate signs, or signs inside display windows.
State Highway: A highway owned by the Commonwealth of Massachusetts, or one designated as a State Numbered Highway by the Massachusetts Department of Public Works.
Store, 24 hour: Any retail establishment open longer than normal business hours, 6:00 a.m. to 11:00 p.m., or with a third shift of employees.
Story: That portion of a building between the top of any floor and the top of the floor or roof next above, counting as a half story such portion if more than half its exterior wall area is below grade or if directly under a sloping roof in which more than half the exterior wall perimeter has less than three feet floor-rafters interior dimension, and excluding cellar or attic spaces used solely for utilities and storage.
Street: A Way providing legally sufficient frontage for sub-division of land under the requirements of Chapter 41, Section 81L, General Laws.
Street Line: The right-of-way line of a street, assumed to be 20 feet from the center of the travelled roadway where no such right-of-way line has been established or can be readily determined.
Structure: Anything constructed or erected, the use of which requires fixed location on the ground, or attachment to something located on the ground, including all buildings with floor area exceeding 75 sq. ft., mobile homes, billboards, certain swimming pools (see below), tanks, or the like, or part thereof; but not including smaller buildings, paving, usual law accessories, or retaining walls or fences.
Swimming Pool: Any constructed pool, located above or below the ground; whether portable or fixed, used or capable of being used for swimming, wading, or bathing purposes. Pools having a depth of two feet or more and having a capacity of two hundred cubic feet or more in volume shall be considered structures.
Temporary Structure: Tent, construction shanty, or trailers, or similarly portable or demountable structure intended for continuous use for not longer than one year.
Temporary Use: Use, occupation or occupancy of a parcel of land, building or structure for a period not to exceed one calendar year.
Tract: An area of land which may be subdivided or otherwise allocated to accommodate a use or uses on finished lots which may be sold separately or retained in one or common ownership.
Unregistered Motor Vehicle: Any motor vehicle required to be registered by law of the Commonwealth of Massachusetts for operation on public ways, not so registered.
Vehicle, Heavy Commercial: A bus or truck having capacity in excess of the limits for a light commercial vehicle, or motorized construction equipment other than trucks.
Vehicle, Light Commercial: A taxi; a bus with capacity not exceeding 10 passengers; or a truck with GVW rating not exceeding 14,000 lbs. and enclosed cargo area not exceeding 400 cu. ft.
Vehicular Exit Line: Either edge of a driveway or curb cut used for the exit of motor vehicles whichever is more restrictive.
Yard: A required open space, unobstructed with structures more than 30" high, other than permitted signs, fences, or other customary yard accessories.
Yard, Front: A yard extending between lot side lines across the front of a lot adjacent to each street it adjoins.
Yard, Side: A yard extending from the rear line of the required front yard to the rear lot line.
Yard, Rear: A yard extending across the rear of the lot between inner side yard lines. Amended October 12, 1982 - Special Town Meeting Articles 16, 17, 18, 19 and 20 Approved by Attorney General - January 11, 1983 Amended May 28, 1985 - Annual Town Meeting - Article 54 Approved by Attorney General - August 15, 1985 Amended May 27, 1986 - Annual Town Meeting - Article 50 Approved by Attorney General July 29, 1986 Amended May 26, 1987 - Special Town Meeting - Article 11 Approved by Attorney General - September 10, 1987 Amended May 29, 1990 - Special Town Meeting - Article 9 Approved by Attorney General - August 29, 1990 Amended May 28, 1991 - Annual Town Meeting - Article 24 Approved by Attorney General -September 13, 1991 Amended May 27, 1997 - Annual Town Meeting - Articles 23 & 25 Approved by Attorney General - September 9, 1997
The following index has been prepared by the Town Clerk's office to aid in the search for specific areas of information. In some areas it may not be all inclusive, and it is recommended that a thorough search of the material be conducted because all items may not be cross referenced or cross indexed.