FOOTNOTES TO USE REGULATIONS

1. Only where justified by a personal emergency and for a maximum period of one year except that the Zoning Board of Appeals by special permit may extend period by up to one additional year, if it determines that special circumstances warrant such extension. In such cases the Zoning Board of Appeals may also grant the special permit for noncompliance with dimensional and density regulations of this bylaw. Suitable guarantee shall be provided to the Town for the prompt removal after termination of any special permit. Travel or camping trailers or self-contained mobile homes may be parked on the owner's premises and be exempt from the provisions of this section, provided that they are not used for living purposes for more than two weeks in any calendar year and provided that mobility use is maintained and certified by valid attached registration plates. (Amended by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)

2. Day care or school age child care program as defined in G.L. Ch. 28A, Section 9 provided all principal and accessory buildings occupy not more than fifteen (15) percent of the total lot on which said use is located; if said use is an accessory use, there shall be located on the same lot not less than one hundred (100) square feet of play area for each child; the activities associated with the use shall be suitably screened from adjoining properties by a solid fence erected in conformance with footnote 19 below, and be effectively controlled so as not to provide a nuisance because of noise, traffic, or other conditions which may become objectionable to the surrounding neighborhood. (Amended by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98)

3. Recreation facility open to the public or operated by a club, limited to a park, golf course, marina, archery or target range, yacht club, hunting reserve, provided it shall not include any structure other than a clubhouse, swimming pool, and rest rooms. No structure shall be less than three hundred (300) feet from any dwelling. Exterior lighting shall be limited to the minimum required for safe access and egress.

4. Sale of farm, horticulture and nursery products, on a wholesale or retail basis, provided the entire establishment so used shall occupy a building not more than one story or twenty (20) feet in height, or more than two thousand five hundred (2,500) square feet in gross floor area; no storage of materials, packing crates, refuse, or other facilities used for the display of produce shall be maintained outside of an enclosed building; and it shall be set back at least fifty (50) feet from any street lot line, except for lots abutting Route One in the Limited Industrial District, in which case the setback shall be at least one hundred (100) feet from such highway. (Amended by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91) (Amended by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)

5. Provided all animals are enclosed in pens or in structures and all buildings for such uses are located not less than one hundred (100) feet from a street line, or not less than one hundred fifty (150) feet from a structure used as a dwelling on another lot.

6. Having a maximum gross floor area of two thousand (2,000) square feet.

7. RESERVED (Amended by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)

8. Provided it shall be screened from outside view by an enclosed solid fence and gate at least ten (10) feet in height, erected in conformance with footnote 19 below, or a solid wall of evergreens, when planted not more than eighteen (18) inches apart and at least three (3) feet in height. (Amended by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98)

9. Subject to the requirements of IX.L. of this zoning bylaw. (Amended by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)

10. Provided that all such special permits shall limit the number of unregistered motor vehicles to be kept on the premises by the permit holders, and shall be limited to a reasonable length of time. These provisions shall not apply to motor vehicles which are designed and used for farming purposes.

11. Provided that all principal and accessory buildings occupy not more than fifteen (15) percent of the lot on which said use is located; outdoor activities associated with the use are suitably screened from adjoining properties by a solid fence erected in conformance with footnote 19 below, and are effectively controlled so as not to provide a nuisance because of noise, traffic or other conditions which may become objectionable to the surrounding neighborhood; and that there is no more than one (1) nonresident employee nor more than a total of two (2) instructors engaged in the program. (Amended by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98)

12. "Storage Trailers, Temporary Use" shall refer to use which is incidental to a temporary situation; i.e., a construction project, temporary storage of goods and materiel following a fire or other calamity. The Building Inspector shall issue a permit for such a temporary use. In no event shall the temporary use exceed twelve (12) months after the issuance of the permit. "Storage Trailers, Permanent Use" shall refer to all other uses of storage trailers for the express purpose of keeping and maintaining goods or material. (Amended by 4/4/88 Annual Town Meeting; approved by Attorney General 6/10/99)

13. Provided each in-ground swimming pool and above-ground pool with a rim less than four feet in height shall be furnished with a four-foot high fence fully surrounding the perimeter of the lot, or of the pool, or of a portion of the lot which fully surrounds the pool, with a gate having a latch which meets the requirements for a semi-public or public pool as specified in the State Building Code. The required fence shall be erected in conformance with footnote 19 below. (Amended by 4/7/86 Annual Town Meeting; approved by Attorney General on 5/16/86) (Amended by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98) (Amended by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)

14. Provided that no more than 50% of the gross floor area of a building of two stories and no more than 33% of the gross floor area of a building of three stories within one lot is used for said use and that said use is limited to the first floor of any building. However, in no instance shall the gross floor area of a building or buildings within a lot for said use be greater than 35,000 square feet. (Added by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91)

15. Provided that no more than 5% of the gross floor area of a building within a lot is used for said use. (Added by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91)

16. When a Site Plan Review is required per Section X. of this bylaw and a use is subject to special permit approval, the special permit granting authority (SPGA) shall be the Planning Board, notwithstanding the SPGA designated in the Table of Uses. (Added by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91) (Amended by 10/18/99 Special Town Meeting; approved by Attorney General 1/5/00) (Amended 10/18/04 STM; 1/27/05 AG) (Amended by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)

17. By Special Permit of the Board of Selectmen, a private individual, corporation, or other for- profit entity may be designated to manage and/or operate any of the above facilities on Town- owned land. (Added by 11/4/91 Special Town Meeting; approved by Attorney General 3/5/92)

18. Not more than one principal building per lot, except as allowed in multi-family residential developments and except in the IR District as provided in footnote 23. (Added by 10/21/96 Special Town Meeting; approved by Attorney General 12/9/96) (Amended by 10/23/01 Special Town Meeting; approved by Attorney General 2/19/02) (Amended by 10/21/02 Special Town Meeting; approved by Attorney General 2/03/03) (Amended by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)

19. Residential units in an Assisted Living or Life Care Facility, regardless of whether they are single-family, two-family, or multi-family dwelling units, are subject to the same Inclusionary Housing Requirements that apply to multi-family residential developments, as described in Section IX.I.3.a. of this zoning bylaw. (Amended by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08) (Amended by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)

20. Multi-family residential developments are subject to the Inclusionary Housing Requirements in Section IX. I. of this zoning bylaw. (Added by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98) (Amended by 10/21/02 Special Town Meeting; approved by Attorney General 2/03/03)

21. Only if pedestrian-oriented, evidenced by location of premises having no more than nine off- street parking spaces and having no drive-through facilities. (Added by 10/18/99 Special Town Meeting; approved by Attorney General 1/5/00)

22. Provided that such events are held on property at least one acre in size. Fairs, horse shows and similar events shall not continue for more than five (5) days; sports instructional programs shall not continue for more than forty-five (45) days. Events which do not conform to the provisions of this subsection may be authorized by the Planning Board by special permit. (Added by 10/16/00 Special Town Meeting; approved by Attorney General 3/8/01)

23. By special permit, the Planning Board may allow two principal buildings on a lot, provided that the lot contains: (a) only one existing single-family, two-family or three family dwelling at the time of application; and (b) the proposed additional single-family detached dwelling is located entirely within the envelope of an accessory building in existence on the effective date of this footnote, and not substantially altered subsequent to the effective date, except for appurtenances related to the conversion of a non-residential building to a dwelling unit, or exterior changes that, in the opinion of the Planning Board, enhance the historical or architectural character of the building. In considering the special permit application, the Planning Board will not find that the proposal satisfies the special permit criterion 'Social, economic, or community needs served by the proposal' (Section XI. J. 2. a.), unless the applicant provides a mechanism to achieve long-term affordability. To the extent feasible, the Planning Board may provide, or cause the Town to provide, a financial subsidy to assist the applicant in satisfying this objective. (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02) (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05) (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)

24. Except that a personal consumer establishment shall not require a special permit if it is 1,000 square feet in size or less. (Added by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)

25. The uses 'Inn' and 'Multi-family dwelling units' shall be allowed in the same building only by special permit from the Planning Board. (Added by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)

26. Subject to the requirements of IX.M. of this zoning bylaw. (Added by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)

27. Provided that the use is accessory to a principal use that is permitted in the same district in which the accessory use is proposed. The accessory use need not be located on the same parcel as the principal use. (Added by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)

28. Outdoor hydronic heaters shall not receive special permit approval unless it is been demonstrated to the special permit granting authority (SPGA) that they have satisfied all of the specifications and installation requirements described in the State Department of Environmental Protection's regulation 310 CMR 7.26(50). If an outdoor hydronic heater is proposed as part of a use requiring a special permit or site plan approval from the Planning Board, then the special permit authority shall be the Planning Board, notwithstanding the SPGA designated in the Table of Uses. (Added by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)

Such lots shall be subject to the Use Regulations which apply to the Zoning District in which the development is occurring. In the case of developments which occur in more than one district, each part of the development shall be governed by the Use Regulations which apply to each such District.