The regulations for each district pertaining to minimum lot area, minimum lot width, minimum lot frontage, minimum front setback, minimum side setback, minimum rear setback, maximum height of buildings, maximum number of stories, maximum building area, minimum open space, and other dimensional controls shall be as specified in this section and subject to the further provisions of this bylaw. (Amended by 10/17/93 Special Town Meeting; approved by Attorney General 1/11/93)
See table on accompanying pages (26-28) plus attached footnotes (pages 29-32), which is declared to be part of this bylaw.
The lot, setback areas, or open space required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any provisions of this bylaw, nor may those areas include any property of which the ownership has been transferred subsequent to the effective date of this bylaw, if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made, except that this provision shall not apply to the part of the lot remaining after a taking or conveyance for a public purpose. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
Lots shall not be separated or transferred in ownership so as not to comply with the provisions of this bylaw; nevertheless, any lot on which more than one house existed at the time of the adoption of the Protective Zoning Bylaw may be divided and sold to separate owners and used with the minimum of non-conformance.
Screening shall be required in the minimum side and rear setbacks of any new wholesale, transportation, industrial, commercial or multi-family use in all districts. Screening shall consist of fencing and/or densely planted vegetation along the entirety of each side and rear lot line. Vegetative screening shall be at least ten (10) feet in width, except where a use abuts a Rural or Intown Residence district boundary, in which case it shall be twenty (20) feet along the district boundary. Where a lot is divided by a district boundary, use of the lot within another district may be used to comply with the rear and side screening requirements as set forth in this bylaw. Screening shall provide a year-round buffer between properties and, where plant materials are utilized, shall be species appropriate to the climate and terrain of the property. (Amended by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91) (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93) (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)
Except in the Limited Industrial District, by special permit, the Zoning Board of Appeals may approve alternative screening or alternative height, setback, or location thereof, unless the principal use is subject to special permit approval by the Planning Board, or is subject to site plan review, in which case said Planning Board may approve by special permit such alternative screening. In considering an alternative screening, the Zoning Board of Appeals or the Planning Board, as applicable, may consider approval of such alternative screening or approval of an alternative height, setback, or location thereof only if the applicant submits to said applicable Board a landscape plan prepared and stamped by a registered landscape architect. (Amended by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91) (Amended by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
In the Planned Commercial and Limited Industrial Districts, a landscape and screening plan shall be provided for the entire site. The landscape plan shall provide for adequate screening as necessary from the street and abutting lots. Such screening shall consist of densely planted evergreen shrubs, trees, and/or berms which form an opaque barrier. (Added by 10/22/90 Special Town Meeting; approved by AG 1/14/91)
An existing natural screen on a lot having a non-conforming use (either principal or accessory) shall not be removed by the owner or occupant without a variance from the Board of Appeals.
By special permit of the Zoning Board of Appeals accessory buildings and structures are permitted in the front setback in Rural Residence A, B, and C Districts. Accessory buildings and structures shall be located on the same lot as the principal building or use provided that not more than twenty-five (25) percent of a minimum lot area shall be so occupied and, further, that an accessory building shall not be located less than five (5) feet from the principal building. Accessory buildings and structures are prohibited from having attached decks or porches or other similar structures unless the accessory building or structure is used for habitation, and provided that the deck or porch or other similar structure is no more than sixty-four (64) square feet in size and open to the sky. An accessory building or structure may be located in accordance with the Table of Dimensional and Density Regulations (Accessory Buildings and Structures) as noted herein below. In the Rural Residence A, B, and C Districts, the minimum front setback requirement of the district in which it is situated shall apply. Except for buildings and structures used for agricultural purposes as defined by M.G. L., C.40A, s.3, accessory buildings and structures greater than 750 square feet in area or more than 25 feet in height, and located on lots less than five acres in size in the residential districts, shall be allowed only by special permit from the Zoning Board of Appeals, and only upon a finding that:
a. the proposed accessory structure satisfies the criteria for Special Permit as prescribed in Section XI.J.2., paragraphs a. and b. of this bylaw; and
b. the proposed accessory structure does not create a substantially greater burden for the Town or neighborhood than would an accessory structure under 750 square feet in area or under 25 feet in height. Considerations include:
(1) Whether the traffic generation and/or parking needs associated with the proposed accessory structure would be detrimental to the surrounding neighborhood;
(2) Whether the proposed accessory structure requires extension or alteration of existing utilities that would otherwise be adequate for a smaller accessory structure;
(3) Whether the large size of the proposed accessory structure necessitates design, construction, or other physical features out of character for the district that could be avoided with a smaller accessory structure; and
(4)Whether the design of the proposed accessory structure, in terms of materials, proportions, height, architectural details and scale, is adequate to ensure that the large accessory structure preserves the character of the surrounding area and is compatible with the architectural design style of the principal building on the site; and
(5) Whether the proposed accessory structure produces or exacerbates any other impact that the SPGA deems a detriment to public health, safety, and welfare which could be avoided with a smaller accessory structure; and
c. the principal use to which the proposed structure will be accessory is permitted in the zoning district as a matter of right, as prescribed in Section V.D. TABLE OF USE REGULATIONS and the lot and principal structure conforms to all dimensional and density regulations of Section VI. of this zoning bylaw. Accessory structures that are tent-like, made of canvas or similar materials, and greater than 120 square feet in area, shall be allowed only by special permit from the Zoning Board of Appeals except for those structures that are for temporary purposes only. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93) (Amended by 10/15/01 Special Town Meeting; approved by AG 2/19/02) (Amended by 10/18/04 Special Town Meeting; approved by AG 1/27/05) (Amended by 10/17/05 Special Town Meeting; approved by AG 12/12/05) (Amended by 10/16/06 Special Town Meeting; approved by AG 1/4/07) (Amended by 10/20/08 Special Town Meeting; approved by AG 1/28/09)
By special permit of the Zoning Board of Appeals, in the Rural Residence B District, accessory buildings and/or structures not in excess of one hundred twenty (120) square feet may be located not less than one-half the side and/or rear setback requirement(s) for accessory buildings or structures within the district. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
An accessory building or structure attached to its principal building shall be considered an integral part thereof. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
1. Nothing herein shall prevent the projection of cornices, pediments, or eaves not exceeding twenty-four (24) inches, or of uncovered steps, chimneys, pavings, or windowsills into any required setback or other open space. (Amended by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93) (Amended by 10/18/99 Special Town Meeting; approved by Attorney General 1/5/00)
2. The maximum building height for buildings and structures is three (3) stories, not to exceed forty-five feet, with the following exceptions: (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)
a. Silos, wind energy conversion systems, churches, standpipes, spires, domes, steeples, chimneys, radio and radar towers, and similar structures shall have a maximum height of seventy-five (75) feet, except that a greater height may be allowed by special permit from the Planning Board; (Amended by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)
b. Broadcasting and television antennae, bulkheads, cooling towers, ventilators, mechanical systems, and other appurtenances usually carried about the roof and not in any manner used for human occupancy may have a height up to 15% greater than the applicable height limitation of this section;
c. The maximum height of a wireless communications facility is established by IX.G.3. of this zoning bylaw;
d. In the RRB District, the maximum building height for principal structures is two (2) stories, not to exceed twenty-five (25) feet, and the maximum building height for accessory structures shall not exceed eighteen (18) feet;
e. In the IR, RRA and RRC Districts, the maximum building height is three (3) stories, not to exceed thirty-seven (37) feet, except that in the IR District, by Planning Board special permit, the height may be increased to no more than 45 feet;
f. In the CB District, by special permit, the Planning Board may allow a four story building, provided that the building height does not exceed forty-five feet.
3. On a corner lot in any district except the Central Business or General Business District, no sign, fence, wall, tree, hedge, or other vegetation, building, or other structure shall be erected, placed, and/or maintained between a height of three (3) feet and eight (8) feet above the street grade at the centerline, within the area formed by the intersection of the street lines and a straight line joining said street lines at points which are twenty (20) feet distant from the point of intersection of ways or tangents of curves or rounded curves, measured along said street lines. (Amended by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)
4. Lots lying in an IR or RRA/RRB/RRC District shall not be narrower than fifty (50) feet or one hundred twenty-five feet, respectively, between side lot lines at any point between the frontage street and the front side of the principal building. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94) (Amended 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 10/20/08 Special Town Meeting; approved by AG 1/28/09)
5. If a lot is bounded by more than one street, any one of said streets, but only one, may be designated as the frontage street, provided said designated street meets the requirements for minimum lot frontage set forth in this bylaw. The designation of the frontage street is subject to the approval of the Building Inspector . Once a frontage street has been designated, it shall retain such designation permanently. (Added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94) (Amended by 10/21/02 Special Town Meeting; approved by Attorney General 2/03/03) (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)
Such lots shall be subject to the Dimensional and Density Regulations which apply to the Zoning District in which the development is proposed, provided, however, if such development is proposed to be located on portions of the lot situated in more than one Zoning District and if the conditions of Footnote 8 of the Table of Dimensional and Density Regulations are met, then the provisions of said Footnote 8 may be utilized. (Amended by 10/18/93 Special Town Meeting; approved by Attorney General 2/3/94)
1. Notwithstanding the dimensional requirements set forth in this Section VI., a lot in an RRA District need not have the specified amount of street frontage provided that:
a. The area of the lot is at least three times the minimum area required.
b. The lot has a minimum street frontage of not less than fifty (50') feet.
c. The lot is not narrower than fifty (50') feet between side lot lines at any point between the frontage street and the site of the building. In no instance, however, shall the depth of said portion of the lot be greater than five hundred (500') feet.
d. The building setbacks are fifty (50%) percent greater than otherwise required in the RRA District. The building setbacks shall be measured from the property lines of that portion of the lot which complies with the lot width requirement established in subsection G., Paragraph 4 of this Section VI. (Amended by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98)
e. There is not more than one other such lot contiguous to any portion of the lot. (Amended by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98)
2. Any lot laid out under the provisions of this subsection "I." shall:
a. not be further subdivided without approval of a definitive subdivision plan; and
b. require a special permit from the Planning Board if it is located within one thousand (1000) feet of two or more lots created under this subsection "I." The Planning Board shall only issue a special permit if it finds that the addition of a lot created under this subsection:
(1) is sufficiently separated from other such lots; and
(2) is preferable to the alternative methods of developing the site. (Paragraph 2 amended by 4/5/99 Special Town Meeting; approved by Attorney General 8/2/99) (Section I. added by 10/17/94 Special Town Meeting; approved by Attorney General 12/6/94)
