Cummington City Zoning Code

For purposes of this Zoning By-Law, the Town of Cummington is divided into the following districts:

Rural-Residential RR

Village V

Flood Plain (Overlay) FP

Water Supply Protection (Overlay) WSP

Solar Photovoltaic District (Overlay) SPD

The boundaries of these districts are defined and bounded as shown on the map entitled "Zoning Map, Cummington, Massachusetts," approved by the Attorney General, August 9, 1972, which is hereby made a part of this By-Law.

The purpose of these regulations, in all districts, is to preserve the rural character of the Town of Cummington and to protect the town's natural resources, especially the prime water supplies.

1. Rural-Residential District (RR).

a. Purpose.

1) To discourage scatteration of development beyond the fringes of developing village centers and thereby to reduce the need for uneconomical extension of roads, utilities and other community facilities and services.

2) To channel development into areas where public utilities and community facilities and services may be provided efficiently.

3) To discourage development in areas whose soil and slope characteristics are generally less suitable for development than in other districts.

b. Intent.

It is the intent of this Zoning By-Law that residential, agricultural and small business uses shall be permitted in the Rural-Residential District, and that such other uses which may have an adverse impact on the character of the Rural-Residential District may be permitted by Special Permit as provided in B. Use Regulation Schedule.

c. Special Conditions for Granting of a Special Permit.

A Special Permit may be granted in the Rural-Residential District if the Special Permit granting authority finds that the following conditions are met:

1) That the use will not be detrimental to the public good.

2) That the use will be in character with the existing uses in the Rural-Residential District.

3) That the use will not create undue traffic which might be detrimental to the public.

4) That the use will not be dangerous or harmful to the general public due to undue noise, odor, vibration, dust, smoke, water pollution, or for any other similar reasons.

5) That the use will be sufficiently landscaped and situated to buffer it from existing uses and from all roads. See Dimensional Regulation Schedule re: setbacks for noisy, dangerous, or other-wise disturbing uses.

6) That the use can be adequately serviced by water, sewer and other necessary utilities and efficiently provided with public services.

2. Village Districts (V).

a. Purpose.

To provide centralized and compact centers for certain clean use business establishments which will serve residential uses in a compatible manner.

b. Intent.

It is the intent of this Zoning By-Law that certain light retail, service establishments be permitted in the Village Districts and that inoffensive business, or other similar retail service or office uses may be permitted by Special Permit as provided.

c. Special Conditions for Grant of a Special Permit.

A Special Permit may be granted in the Village Districts if the Special Permit granting authority finds that the following conditions are met:

1) That the use will not be detrimental to the public good or to the character of the Town of Cummington.

2) That the use will not be offensive or dangerous or be so expansive that it will consume large areas of land.

3) That sufficient parking will be provided to serve such use.

4) That the use will not create unnecessary congestion on major streets.

5) That the use will not be dangerous or harmful to the general public due to undue noise, odor, vibration, dust, smoke, water pollution or for any other similar reason.

6) That the use can be adequately serviced by water, sewer and other necessary utilities.

3. Floodplain and Westfield River Protection District (FP).

a. Purpose.

1) Protect the public safety and property from flooding hazards.

2) Preserve the natural flood control and flood storage characteristics of the floodplain.

3) Promote the preservation of agricultural lands along the Westfield River.

4) Prevent any alterations to the natural flow of the river.

5) Protect fisheries and wildlife habitat within and along the river.

6) Control erosion and siltation.

7) Enhance and preserve existing scenic or environmentally sensitive areas along the shoreline.

8) Conserve shore cover and encourage well-designed developments.

9) Prevent water pollution caused by erosion, sedimentation, nutrient or pesticide run-off, and poorly sited waste disposal facilities.

10) Preserve and maintain the groundwater table and water recharge areas within the floodplain.

b. District Delineation.

1) The Floodplain District is herein established as an overlay district and includes as special flood hazards areas designated as Zones A, A1-30 on the Cummington Flood Insurance Rate Maps (FIRM), dated February 22, 1989 (Panels 250159 0001-0010), on file with the Town Clerk and hereby made a part of this ordinance.

2) The Westfield River Protection District is herein established as an overlay district. The area subject to the By-Law shall be the entire length of the East Branch of the Westfield River within the Town of Cummington. The Westfield River Protection District shall encompass those floodplain areas designated as Zone A or Zones A 1-30 on the Town of Cummington Flood Insurance Rate Maps (FIRM) for the Westfield River, East Branch. Where the floodplain has not been delineated on the FIRM maps or where the delineation is less than 100 feet from the river bank (as defined by M.G.L. Chapter 131, Section 40), the Westfield River Protection District shall be defined as that area within 100 feet, measured horizontally, of the river bank. For the purposes of this By-Law, the riverbank shall be defined as the river's seasonal high water mark.

3) The boundaries of the Floodplain and Westfield River protection Districts shall be determined by scaling distances on the Flood Insurance Rate Map. When interpretation is needed as to the exact location of the boundaries of a District, the Building Inspector shall make the necessary interpretation.

c. Use Regulations.

All development, including structural and non-structural activities, whether permitted as a right or by Special Permit must be in compliance with the Mass. Wetlands protection Act, Chapter 131, Section 40 of the M.G.L. and with the requirements of the Massachusetts State Building Code 780 CMR 744.0 pertaining to construction in the floodplain and with the State Environmental Code, Title V.

1) Permitted Uses.

The following uses of low flood-damage potential and causing no obstruction to flood flows shall be permitted in the Floodplain and Westfield River Protection Districts provided they do not require structures, fill or storage of materials or equipment:

a) Agricultural uses such as farming, grazing and horticulture.

b) Forestry uses.

c) Outdoor recreational uses, including fishing, boating, play areas and foot, bicycle, or horse paths.

d) Conservation of water, plants, and wildlife.

e) Wildlife management areas.

f) Buildings lawfully existing prior to the adoption of these provisions.

g) Solar photovoltaic installations in an approved Solar Photovoltaic District (Overlay) including their required structures and equipment are permitted in the FP District in accordance with Section 10-30.

2) Uses by Special Permit in the Floodplain and Westfield River protection Districts.

a) No structure or building in the Floodplain and Westfield River Protection Districts shall be erected, constructed, substantially improved, reconstructed or otherwise created or moved; no earth or other materials dumped, filled, excavated, or transferred, unless a Special Permit is granted by the Zoning Board of Appeals.

b) The following uses may be allowed by Special Permit from the Zoning Board of Appeals in accordance with the Special Permit regulations in Section 5-C of this By-Law, and additional restrictions and criteria contained herein:

i) Single-family residences, not including mobile homes.

Residential accessory uses including garages, driveways, private roads, utility rights-of-way, and on-site wastewater disposal systems.

3) Special Permit Requirements in the Floodplain District.

The following Special Permit requirements apply in the Floodplain District:

a) With Zone A 1-30, where base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data. These data will be reviewed by the Building Inspector for their reasonable utilization toward meeting the elevation or flood proofing requirements as appropriate, of the State Building Code.

b) No encroachments (including fill, new construction, substantial improvements to existing structures, or other development) shall be allowed unless it is demonstrated by the applicant that the proposed development,, as a result of compensating actions, will not result in any increase in flood levels during the occurrence of a 100-year flood in accordance with the Federal Emergency Management Agency's regulations for the National Flood Insurance Program.

c) The proposed use shall comply in all respects to the provisions of the underlying District in which the land is located.

d) The Board may specify such additional requirements and conditions as it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use.

e) Within 10 days of the receipt of the application, the Board shall transmit one copy of the development plan to the Conservation Commission, Board of Health, Building Inspector, and the Planning Board. Final action shall not be taken until reports have been received from the above boards or until 35 days have elapsed.

4) Special Permit Requirements in the Westfield River Protection District.

The following Special Permit requirements apply in the Westfield River Protection District, in addition to those requirements specified in Sections 3-c (3):

a) A buffer strip extending at least one hundred (100) feet in depth, to be measured landward from each bank of the Westfield River shall be required for all lots within the River Protection District. If any lot, existing at the time of adoption of this By-Law, does not contain sufficient depth, measured land-ward from the river bank, to provide a one hundred foot buffer strip, the buffer strip maybe reduced to 50% of the available lot depth, measured landward from the river bank.

i) The buffer strip shall include trees and shall be kept in a natural or scenic condition.

ii) Neither buildings nor structures shall be erected, enlarged, altered or moved within the buffer strip.

iii) On-site wastewater disposal systems shall not be located within the buffer strip and shall be located as far from the Westfield River as is feasible.

5) Special Permit Criteria

In addition to the provisions of Section 5-C, the Zoning Board of Appeals may issue a Special Permit if it finds the proposed use is compliant with the following provisions:

a) In the Floodplain District, proposed uses must:

i) Not create increased flood hazards which are detrimental to the public health, safety, and welfare.

ii) Comply in all respects to the provisions of the underlying District or Districts within which the land is located.

iii) Comply with all applicable state and federal laws, including the Massachusetts Building Code and the Massachusetts Wetlands Protection Act (M.G.L. Ch. 131, Sec. 40).

b) In the Westfield River Protection District proposed uses must also:

i) Be situated in a portion of the site which will most likely conserve shore land vegetation and the integrity of the buffer strip.

ii) Be integrated into the existing landscape through features such as vegetative buffers and through retention of the natural shorelines.

iii) Not result in erosion or sedimentation.

iv) Not result in water pollution.

6) Restricted Uses within the Westfield River Protection District.

a) No altering, dumping filling or removal of riverine materials or dredging is permitted. Maintenance of the river, including stabilization or repair of eroded riverbanks or removal of flood debris, may be done under requirements M.G.L. Chapter 131, Section 40, and any other laws, By-Laws, and regulations. Riverbank repairs shall be undertaken utilizing only natural materials (i.e. rock) and not with man-made materials (i.e. tires).

b) All forest cutting over 25,000 board feet at one time shall require the filing of a Forest Cutting plan in accordance with the Mass. Forest Cutting practices Act (M.G.L. Chapter 132, sections 40-46). In addition, no commercial cutting of forest or vegetation shall occur within 50 feet of the river bank. In the area between 50 feet and 100 feet from the river bank, no more than 50% of existing forest shall be cut.

c) No impoundments, dams or other water obstructions may be located within the district.

d) No private wastewater treatment facilities, including residential package treatment plants, shall discharge directly to the East Branch of the Westfield River.

e) All other uses not specifically permitted or allowed by site plan approval within the overlay zone are prohibited.

f) All utilities shall meet the following standards:

i) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

ii) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the system into flood waters.

iii) On-site waste disposal systems shall be located to avoid impairment or contamination from them during the flooding and shall be located no less than 150 feet from the normal high water mark.

7) Prohibited Uses

a) No residential, commercial or industrial structure shall be constructed within the floodway, as designated on the Cummington Flood Insurance Rate Maps (FIRM).

8) Non-Conforming Uses

a) Any lawful use, building, structures, premises, land or parts thereof existing at the effective date of this By-Law or amendments thereof and not in conformance with the provisions of this By-Law shall be considered to be a non-conforming use.

b) Any existing use or structure may continue and may be maintained, repaired and improved, but in no event made larger.

c) Any non-conforming structure which is destroyed may be rebuilt on the same location but no larger than its overall original square footage.

4. Water Supply Protection District (WSP)

a. Purpose of District

To promote the health, safety and welfare of the community by protecting and preserving the surface and groundwater resources of the Town and the region from any use of land or buildings which may reduce the quality of its water resources.

b. Scope of Authority

The Water Supply Protection District is an overlay district and shall be superimposed on the other districts established by this By-Law. All regulations of the Town of Cummington Zoning By-Law applicable to such underlying districts shall remain in effect, except that where the Water Supply Protection District imposes additional regulations, such regulations shall prevail.

c. District Delineation.

1) The Water Supply Protection District is herein established to include all lands within the Town of Cummington lying within the primary recharge areas of groundwater aquifers which now or may in the future provide public water supply. The map entitled "Water Supply Protection District” Town of Cummington, on file with the Town Clerk, delineates the boundaries of the district.

2) Where the bounds delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located. At the request of the owner(s) the Town may engage a professional hydrogeologist to determine more accurately the location and extent of an aquifer or primary recharge area and may charge the owner(s) for the costs of the investigation.

d. Prohibited Uses.

1) Business and industrial uses, not agricultural, which manufacture, use, process, store, or dispose of hazardous materials or wastes as a principal activity, including but not limited to metal plating, chemical manufacturing, wood preserving, furniture stripping, dry cleaning, foundries, petroleum refining, photographic processing, leather tanning, electrical circuit manufacturing, degreasing operations, plastics processing, fuel oil sales, and auto body repair, or which involve on-site disposal of industrial process waste waters.

2) Trucking terminals, motor vehicle gasoline sales, and automotive service and repair shops.

3) Solid waste landfills, dumps, auto recycling, junk and salvage yards, with the exception of the disposal of brush or stumps.

4) Underground storage and/or transmission of petroleum products excluding liquefied petroleum gas.

5) Outdoor storage of salt, de-icing materials, pesticides or herbicides.

6) Dumping or disposal on the ground, in water bodies, or in residential septic systems of any toxic chemical, including but not limited to septic system cleaners which contain toxic chemicals such as methylene chloride and 1-1-1 trichlorethane, or other household hazardous wastes.

e. Restricted Uses.

1) Excavation for removal of earth, sand, gravel and other soils shall not extend closer than ten (10) feet above the annual high groundwater table. A monitoring well shall be installed by the property owner to verify groundwater elevations. This section shall not apply to excavations incidental to permitted uses, including but not limited to providing for the installation or maintenance of structural foundations, freshwater ponds, utility conduits or on-site sewage disposal. This section shall apply to all commercial earth removal operations, including expansions of existing operations.

a) Access road(s) to extractive operation sites shall include a gate or other secure mechanism to restrict public access to the site.

b) As soon as possible after the earth removal is completed, the land shall be restored and stabilized with topsoil and plantings of trees and natural vegetation. All fine materials, such as clays and silts, removed as part of the earth removal operation and leftover as by-products, shall be disposed of off-site to prevent damage to aquifer recharge characteristics.

2) The use of sodium chloride for ice control shall be minimized, consistent with the public highway safety requirements.

3) Salt storage areas shall be covered and be located on a paved surface, with berms to prevent run-off from leaving the site.

4) Fertilizers, pesticides, herbicides, lawn care chemicals or other similar materials shall be used with manufacturer's label instructions and all other necessary precautions to minimize adverse impacts on surface and groundwater.

5) Above-ground storage tanks for oil, gasoline or other petroleum products shall be placed in a building in a concrete basement or other indoor location, on a diked, impermeable surface sufficient to contain the volume of the tank to prevent spills or leaks from reaching groundwater.

6) To the extent feasible, all new permanent manure pits and new animal feed lots shall be designed to restrict infiltration, run-off or other movement of animal wastes or manure to the aquifer or surface water.

f. Area Regulations.

1) Within the primary aquifer recharge area the minimum allowable lot size shall be 40,000 square feet in areas not served by municipal sewerage systems.

g. Drainage.

1) For commercial, industrial and residential uses, all run-offs from impervious surfaces shall be recharged on the site by being diverted towards areas covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only where other methods are unfeasible, and shall be preceded by oil, grease and sediment traps to facilitate removal of contamination. All recharge areas shall be permanently maintained in full working order by owner.

h. Uses allowed by Special Permit.

The following uses may be allowed by Special Permit obtained from the Zoning Board of Appeals:

1) Uses allowed by Special Permit.

a) Commercial and industrial uses which are allowed in the underlying district and which are not otherwise prohibited by this By-Law, including but not limited to: manufacturing or processing of food products, storage and distribution of lumber and building materials, warehousing, public utilities, manufacture or processing of stone, concrete or clay products, millworking, hotel or motel, retail store, office, bank, restaurant or tavern, theatre, hall or club, personal service store, public schools, and churches.

b) Any enlargement, intensification or alteration of an existing commercial or industrial use.

c) The rendering impervious of more than 20% of any single residential lot.

d) This section shall not apply to solar photovoltaic installations in an approved Solar Photovoltaic District (Overlay) which are permitted by-right in accordance with Section 10-30.

2) Requirements for Special Permit in the Water Supply Protection District.

The applicant shall file six (6) copies of a Site plan prepared by a qualified professional with the Zoning Board of Appeals. The site plan shall at a minimum include the following information where pertinent:

a) A complete list of chemicals, pesticides, fuels and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use.

b) Those businesses using or storing such hazardous materials shall file a hazardous materials management plan with the Zoning Board of Appeals and Board of Health which shall include:

i) Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage or vandalism, including spill containment and clean-up procedures.

ii) Provisions for indoor secured storage of hazardous materials and wastes with impervious floor surfaces.

Evidence of compliance with the Regulations of the Massachusetts Hazardous Waste Management Act 310, CMR 30, including obtaining an EPA identification number from the Mass. Department of Environmental Protection.

iii) Drainage recharge features and provisions to prevent loss of recharge.

iv) Provisions to control soil erosion and sedimentation, soil compaction, and to prevent seepage from sewer pipes.

3) Additional procedures for Special Permit in the Water Supply Protection District.

a) The Zoning Board of Appeals shall follow all Special Permit procedures in Section 5-C and specified in M.G.L. Chapter 40A.

b) In addition to the findings in Section 5-C, the Zoning Board of Appeals may grant the required Special Permit only upon finding that the proposed use meets the following standards:

i) In no way, during construction or thereafter, will it adversely affect the existing or potential quality or quantity of water that is available in the Water Supply Protection District, and;

ii) Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation and other water-related natural characteristics of the site to be developed.

c) The Zoning Board of Appeals shall not grant a Special Permit under this section unless the petitioner's application materials include, in the Board's opinion, sufficiently detailed, definite and credible information to support positive findings in relation to the standards given in Section 5-C.

i. Non-Conforming Use.

Non-conforming uses which were lawfully existing, begun or in receipt of a building or Special Permit prior to the first publication of notice of public hearing for this By-Law may be continued. Such non-conforming uses may be extended or altered, as specified in M.G.L. Ch. 40A, Sec. 6, provided that there is a finding by the Zoning Board of Appeals that such change does not increase the danger of surface or groundwater pollution from such use.

5. Solar Photovoltaic District (Overlay)

a. Purpose

1) Thepurposeof theSolarPhotovoltaicDistrict (Overlay)istoidentifydesignatedlocation(s) wherecertain ground mounted large­scalesolarphotovoltaicinstallationsareallowedby rightinaccordancewith Section 10-30.