Ashburnham, MA Zoning Ordinance

3.1.1 Basic requirements.

[Amended 5-5-2012 ATM, AG approved 8-30-2012]

No building, structure, or land shall be used for any purpose or in any manner other than as permitted and set forth in § 3.1.2, Schedule of Use Regulations, of this bylaw and in accordance with the following notation:

Y	(Yes)	Use permitted as a matter of right.
Sp	(Special Permit)	Use allowed as an exception under special permit by the Board of Appeals or Planning Board as provided hereafter.
N	(No)	Use prohibited.

Uses permitted as a matter of right and uses allowed by the Board of Appeals shall be in conformity with all dimensional requirements, off-street parking requirements, and any other pertinent requirements of this bylaw.

The Planning Board is designated as the special permit granting authority (SPGA) for all special permits requiring site plan review under Section 5.7 of this bylaw and any special permits being granted in conjunction with a planned unit development (PUD) Special Permit under Section 5.15 of this bylaw.

The Zoning Board of Appeals is designated as the special permit granting authority (SPGA) for all special permits that also require a variance from the Zoning Board of Appeals.

3.1.2 Schedule of Use Regulations.

The Schedule of Use Regulations is included as Attachment 1 to this chapter.

3.2.1 Prohibited uses in Water Supply Protection District.

[Amended 5-3-2022 ATM by Art. 24[1]]

The following land uses are hereby prohibited in the Water Supply Protection District on: (i) the land area between the surface water source and the upper boundary of the bank; (ii) the land area within a 400-foot lateral distance from the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), Class A; and (iii) the land area within a 200-foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body, as defined as "Zone A" in 310 CMR 22.02 and in accordance with 310 CMR 22.20B(2) and 310 CMR 22.20C of the Massachusetts Drinking Water Regulations, as amended from time to time:

(1)

All underground storage tanks;

(2)

Above-ground storage of liquid hazardous material as defined in MGL c. 21E, or liquid propane or liquid petroleum products, except as follows:

(a)

The storage is incidental to:

[1]

Normal household use, outdoor maintenance, or the heating of a structure;

[2]

Use of emergency generators;

[3]

A response action conducted or performed in accordance with MGL c. 21E and 310 CMR 40.000, Massachusetts Contingency Plan, and which is exempt from a groundwater discharge permit pursuant to 314 CMR 5.05(14); and

(b)

The storage is either in container(s) or above-ground tank(s) within a building, or outdoors in covered container(s) or above-ground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater. However, these storage requirements do not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline, provided the replacement is performed in accordance with applicable state and local requirements;

(3)

Treatment or disposal works subject to 314 CMR 3.00, Surface Water Discharge Permit Program, or 5.00, Ground Water Discharge Permit Program, except the following:

(a)

The replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works;

(b)

Treatment or disposal works for sanitary sewage if necessary to treat existing sanitary sewage discharges in noncompliance with 310 CMR 15.000, The State Environmental Code, Title 5, Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-Site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage, provided the facility owner demonstrates to the Department's satisfaction that there are no feasible siting locations outside of the Zone A. Any such facility shall be permitted in accordance with 314 CMR 5.00, Ground Water Discharge Permit Program, and shall be required to disinfect the effluent. The Department may also require the facility to provide a higher level of treatment prior to discharge;

(c)

Treatment works approved by the Department designed for the treatment of contaminated ground- or surface waters and operated in compliance with 314 CMR 5.05(3) or (13);

(d)

Discharge by public water system of water incidental to water treatment processes.

(4)

Facilities that, through their acts or processes, generate, treat, store or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.000, Hazardous Waste, except for the following:

(a)

Very small quantity generators, as defined by 310 CMR 30.000, Hazardous Waste;

(b)

Treatment works approved by the Department designed in accordance with 314 CMR 5.00, Ground Water Discharge Permit Program, for the treatment of contaminated ground- or surface waters;

(5)

Sand and gravel excavation operations;

(6)

Uncovered or uncontained storage of fertilizers;

(7)

Uncovered or uncontained storage of road or parking lot deicing and sanding materials;

(8)

Storage or disposal of snow or ice, removed from highways and streets outside the Zone A, that contains deicing chemicals;

(9)

Uncovered or uncontained storage of manure;

(10)

Junk and salvage operations;

(11)

Motor vehicle repair operations;

(12)

Cemeteries (human and animal) and mausoleums;

(13)

Solid waste combustion facilities or handling facilities as defined at 310 CMR 16.00, Site Assignment Regulations for Solid Waste Facilities; and

(14)

Commercial outdoor washing of vehicles; commercial car washes.

Land uses that result in the rendering impervious of more than 15%, or more than 20% with artificial recharge, or 2,500 square feet of any lot, whichever is greater.

Definitions. The following definitions shall be applicable to the WSP (Overlay) District:

BANK

The portion of the land surface which normally abuts and confines a water body; it lies between a water body and a bordering vegetated wetland and adjacent floodplain, or in the absence of these, it lies between a water body and an upload; the upper boundary of a bank is the first observable break in the slope or the mean annual flood level, whichever is lower; the lower boundary of a bank is the mean annual low flow level.

CLASS A WATER SOURCE

Those inland waters so designated pursuant to 314 CMR 4.06; including, without limitation, 314 CMR 4.06(1)(d)1. and (4) as public water supplies and their tributaries; certain wetlands designated in 314 CMR 4.06(2); certain reservoirs designated in 314 CMR 4.06(3); and certain surface waters designated in 314 CMR 4.06(6)(b).

SURFACE WATER

All water that is open to the atmosphere and subject to surface runoff.

SURFACE WATER SOURCE

Any lake, pond, reservoir, river, stream or impoundment designated as a public water supply in 314 CMR 4.00, Massachusetts Surface Water Quality Standards.

TRIBUTARY

Any body of running, or intermittently running, water which moves in a definite channel, naturally or artificially created, in the ground due to a hydraulic gradient, and which ultimately flows into a Class A surface water source, as defined in 314 CMR 4.05(3)(a), Class A.

ZONE A

(1)

The land area between the surface water source and the upper boundary of the bank;

(2)

The land area within a 400-foot lateral distance from the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), Class A; and

(3)

The land area within a 200-foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body.

[1]

Editor's Note: This enactment also repealed original Sections 3.31, Prohibited uses in Wetlands and Watershed Protection District and Water Supply Protection District, 3.32, Prohibited uses in Wetlands and Watershed Protection District, and 3.31, Special conditions in Wetlands and Watershed Protection District and Water Supply Protection District.

3.2.4 Floodplain District requirements.

In the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply:

(1)

All encroachments, within the floodway, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer or architect is provided by the applicant demonstrating that an equal amount of compensatory flood storage area, having an unrestricted hydraulic connection to the same waterway or water body, is provided within the same property bounds. "Compensatory storage" shall mean a volume not previously used for flood storage on the same property and shall be incrementally equal to the theoretical volume of floodwater at each elevation, up to and including the 100-year flood elevation, which would be displaced by the proposed project.

(2)

Any encroachment meeting the above standard shall comply with the floodplain requirements of the State Building Code.

(a)

Except for structures designed for flood control or water storage purposes, allowed or permitted uses shall not substantially reduce natural water storage capacities nor substantially affect natural stream flow.

(b)

Septic tanks, cesspools and leaching fields shall not be permitted.

(c)

Driveways and roads are permitted where alternative means of access are impractical.

Subdivision standards for the Floodplain District. All subdivision proposals and other proposed new development shall be reviewed by the Planning Board's engineer at the applicant's expense 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 Floodplain District established under the Zoning Bylaw it shall be reviewed to assure that:

(1)

The proposal is designed consistent with the need to minimize flood damage; and

(2)

All public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage systems shall be provided to reduce exposure to flood hazards; and

(4)

Base flood elevation (the level of the 100-year flood) data shall be provided for proposals greater than 50 lots or five acres, whichever is the lesser, for that portion within the Floodplain District.

Health regulation pertaining to the Floodplain District. The Board of Health, in reviewing all proposed water and sewer facilities to be located in the Floodplain District established under the Zoning Bylaws, shall require that:

(1)

New and replacement water supply systems shall be designed to prevent infiltration of floodwaters in the system; and

(2)

New and replacement sanitary sewage systems be designed to prevent infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

Floodplain District regulations for mobile homes.

(1)

Within Zone A1-19, 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 (or coastal high hazard area or V-zone.

3.2.5 Village Center.

Retail operations with more than 10,000 square feet of gross floor area on any individual floor shall be prohibited in the Village Center-Commercial and Village Center-Residential Zoning Districts.

More than one principal building shall be allowed on any lot located in the Village Center-Commercial and Village Center-Residential Zoning Districts, subject to issuance of a special permit by the Planning Board that such buildings would be in keeping with the purpose of the Village Center Zoning District(s), per § 2.1 of the Zoning Bylaw, and the following findings:

(1)

No principal building shall be located in relation to another principal building on the same lot, or on adjacent lot, so as to cause danger from fire;

(2)

All principal buildings on the lot shall be served by accessways suitable for fire, police, and emergency vehicles;

(3)

All of the multiple principal buildings on the same lot shall be accessible via pedestrian walkways connected to the required parking for the premises, and to each principal building.[1]

[1]

Editor's Note: Original Sec. 3.36, Open Space Residential Development, which immediately followed this subsection, was repealed 5-5-2012 ATM, AG approved 8-30-2012.

3.2.6 Multi-Family Overlay District

[Added 10-27-2025 STM by Art. 2]

The Planning Board may authorize construction of more than one building on a lot in the Multi-Family Overlay District by Site Plan Approval from the Planning Board.

Notwithstanding any other section of this Zoning Bylaw, no Development Rate Limitation shall apply to building permits for multi-family dwellings issued in the Multi-Family Overlay District.