Dedham City Zoning Code
ARTICLE VIII
Overlay Districts
§ 280-8.1 Flood Plain Overlay District.
[Amended 5-16-2022 ATM by Art. 19[1]; 5-19-2025 ATM by Art. 21]
A.
The purpose of the Floodplain Overlay District is to:
(1)
Ensure public safety through reducing the threats to life and personal injury;
(2)
Eliminate new hazards to emergency response officials;
(3)
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;
(4)
Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;
(5)
Eliminate costs associated with the response and cleanup of flooding conditions; and
(6)
Reduce damage to public and private property resulting from flooding waters.
B.
Definitions.
(1)
National Flood Insurance Program (NFIP) definitions are found in Title 44 of the Code of Federal Regulations, section 59.1. The definitions below refer to their source; if the definition is from the MA building code, it is from the 9th Edition, which meets the minimum standards of the NFIP.
(2)
In order for the bylaw or ordinance to be clearly understood, it is necessary to define technical terms or key words. An understanding of these terms is a prerequisite to effective administration of the floodplain management bylaw or ordinance.
(3)
Per FEMA Region I, these additional definitions must be included in local bylaws or ordinances.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
FLOOD BOUNDARY AND FLOODWAY MAP
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM.)
An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. [US Code of Federal Regulations, Title 44, Part 59]
FLOODWAY
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
HISTORIC STRUCTURE
Any structure that is:
(a)
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b)
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c)
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(d)
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
[1]
By an approved state program as determined by the Secretary of the Interior or
[2]
Directly by the Secretary of the Interior in states without approved programs. [US Code of Federal Regulations, Title 44, Part 59]
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]
RECREATIONAL VEHICLE
A vehicle which is:
(a)
Built on a single chassis;
(b)
400 square feet or less when measured at the largest horizontal projection;
(c)
Designed to be self-propelled or permanently towable by a light duty truck; and
(d)
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [US Code of Federal Regulations, Title 44, Part 59]
REGULATORY FLOODWAY
See FLOODWAY.
SPECIAL FLOOD HAZARD AREA
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]
START OF CONSTRUCTION
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202] |
STRUCTURE
Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]
SUBSTANTIAL REPAIR OF A FOUNDATION
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
VARIANCE
A grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
VIOLATION
The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
C.
Applicability. The Flood Plain Overlay District is herein established as an overlay district. The District includes all special flood hazard areas in the Town of Dedham designated as Zones A and AE on the Norfolk County Flood Insurance Rate Map (FIRM), dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP). The exact boundaries of the District are defined by the 100-year base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study report dated July 8, 2025. The FIRM and Flood Insurance Study report is incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Department, and Conservation Commission.
D.
Abrogation and Greater Restriction. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
E.
Disclaimer of Liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
F.
Severability. If any section, provision or portion of this bylaw [ordinance] is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.
G.
Designation of Community Floodplain Administrator. The Town of Dedham hereby designates the position of Building Commissioner to be the official floodplain administrator for the Town.
H.
Requirement to Submit New Technical Data. If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:
FEMA Region I Risk Analysis Branch Chief |
And copy of notification to: |
Massachusetts NFIP State Coordinator MA Dept. of Conservation & Recreation |
I.
Variances to Building Code Floodplain Standards. The Town/City will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.
The Town/City shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.
J.
Variances to Local Zoning Bylaws Related to Community Compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain Bylaws must meet the requirements set out by State law, and may only be granted if:
(1)
Good and sufficient cause and exceptional non-financial hardship exist;
(2)
The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and
(3)
The variance is the minimum action necessary to afford relief.
K.
Permits are Required for all Proposed Development in the Floodplain Overlay District. The Town of Dedham requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
L.
Assure that all Necessary Permits are Obtained. The Town of Dedham's permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.
M.
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
N.
Floodway Encroachment. In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Norfolk County FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
O.
Recreational Vehicles. In A and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
P.
Reference to existing regulations. The FPOD is established as an overlay district to all other districts. All development in the district, including structural and nonstructural 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 following:
(1)
Sections of the Massachusetts State Building Code (780 CMR), as may be currently in effect, that address construction in floodplain areas;
(2)
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
(3)
Inland Wetland Restriction, DEP (currently 302 CMR 13.00);
(4)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).
Q.
Procedures. Any work within a FPOD shall require a Special Permit issued by the Board of Appeals. Notice of each such Flood Plain special permit application shall be given to the Town Public Works Department, to the Town Administrator, the Board of Selectmen, the Board of Health, the Planning Board, and the Conservation Commission, as well as all other parties deemed necessary by the Board of Appeals.
(1)
The Board of Appeals, in hearing such application, shall consider, in addition to any other factors said Board deems pertinent, the following aspects with respect to flooding and FPOD zoning provisions; that any such building or structure shall be designed, placed, and constructed to offer a minimum obstruction of the flow of water; and that it shall be firmly anchored to prevent floating away.
R.
Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 10 lots or 2.5 acres, whichever is lesser, within unnumbered A zones.
S.
Watercourse alteration and relocation. In cases where a project will alter or relocate a watercourse, the following must be notified:
(1)
Adjacent Communities, especially upstream and downstream.
(2)
Bordering States, if affected.
(3)
NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation
(4)
NFIP Program Specialist
Federal Emergency Management Agency, Region I
T.
Review of all project proposals. All projects shall be reviewed to assure the following:
(1)
Such proposals minimize flood damage.
(2)
All public utilities and facilities are located and constructed to minimize or eliminate flood damage.
(3)
Adequate drainage is provided to reduce exposure to flood hazards.
U.
Permitted uses. The following activities are permitted within the FPOD upon receipt of a building permit, where required:
(1)
Development for recreational purposes, including but not limited to: walking trails and bicycle paths, athletic fields, parks, beaches, and boat landings.
(2)
Horticultural and Agricultural purposes, including those associated with commercial farming.
(3)
Construction of a structure provided that the following criteria are met:
(a)
Structure shall not be utilized for residential purposes.
(b)
The lowest floor of the structure shall be located at least one foot above the 100-year flood elevation for the site as noted on the FEMA map referenced above.
(c)
The structure shall not impede the flow of flood waters.
(d)
Volumetric flood compensation at a ratio of 2:1 for every cubic foot of fill, structure, or other obstructions placed within the Flood Plain District. Calculations prepared by a Professional Engineer licensed by the Commonwealth of Massachusetts shall be submitted to the Board of Appeals as part of the permit application.
(e)
Any structure shall have direct pedestrian access to uplands area located outside of the FPOD. Such access shall be reviewed and approved by the Dedham Fire and Police Departments.
(f)
Any public works projects, including but not limited to: drainage, sewerage, or flood control project, including any associated structures.
V.
Prohibited uses. The following uses are prohibited within a FPOD:
(1)
No land fill or dumping in any part of the District without proper volumetric compensation at a ratio of 2:1 for every cubic foot filled. This includes fill utilized for landscaping purposes.
(2)
No damming or relocation of any water course except as part of an overall drainage basin plan proposed by a public authority.
(3)
No permanent outside storage of materials or equipment. This includes storage of materials for retail sale.
(4)
No land, building, or structure shall be used for sustained human occupancy except dwellings theretofore lawfully existing, or land, buildings, or structures which comply with the provisions of this Bylaw.
(5)
Storage of fertilizers, chemicals, or manure associated with agricultural uses.
(6)
Motor vehicle storage, sales, or maintenance facilities. This includes parking areas designated for temporary storage of vehicles awaiting repairs or unregistered vehicles, whether stored or for sale.
(7)
Underground storage tanks other than storage or septic tanks associated with a subsurface disposal system or sewerage pumping station.
(8)
Storage of any chemical or material classified as hazardous by Local, State, or Federal statutes and regulations.
W.
Portion of parcel within FPOD. The above prohibitions will only apply to the portion of a parcel which is located within a FPOD, and not the entire parcel.
X.
Federal flood insurance program.
(1)
The Federal Flood Insurance Rate Map (FIRM) shall be, for purposes of administration of and conformity with the requirements of the Federal Flood Insurance Program, placed on file with the Town Clerk and Building Inspector, and shall be considered an appendix to this Bylaw.
(2)
Until such time as a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A and AE on the FIRM unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the community or along the regulated section of the waterway.
(3)
Where a specific area or parcel of land appears on the FIRM as being within the 100-year flood elevation and an applicant, having satisfied the intent of Subsection L(2) above, wishes to seek relief from the placement of the area or parcel within a flood hazard zone, or a release from the mandatory purchase of flood insurance, said applicant shall follow the procedures contained in a Letter of Map Amendment as outlined in Title 44 of the Code of Federal Regulations (CFR), Part 70.
[1]
Editor's Note: Per § 1-5, several subsections of this article were redesignated to conform to the organization of the Code.
§ 280-8.2 Aquifer Protection Overlay District.
A.
Purpose. The purpose of the Aquifer Protection Overlay District is to protect the town's water resources by preserving and maintaining the quality and volume of existing and potential groundwater supply and groundwater recharge areas within the town.
B.
Definitions.
AQUIFER
Geologic formation composed of rock or sand and gravel that contains significant amounts of potential recoverable potable water.
DISPOSAL
The deposit, injection, dumping, spilling, leaking, incineration or placing of any material into or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
GROUNDWATER
All the water found beneath the surface of the ground, including, without limitation, the slowly moving subsurface water present in aquifers and recharge areas.
HAZARDOUS WASTES
A waste, or combination of wastes, which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause, or significantly contribute to an increase in serious or incapacitating illness, or pose a substantial present or potential hazard to human health, safety, or welfare, or to the environment when improperly treated, stored, transported, used, or disposed of, or otherwise managed. These wastes shall include, but not be limited to, any wastes which fall within the definitions of hazardous waste under the Hazardous Waste Regulations promulgated by the Hazardous Waste Board, the Water Resources Commission, and the Division of Water Pollution Control under the provisions of Sections 27(8), 52, 57, and 58 of Chapter 21 of the General Laws.[1]
IMPERVIOUS SURFACE
Material or structures on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
LEACHABLE WASTES
Waste materials including, without limitation, solid waste sewage, sludge, and agricultural wastes that are capable of releasing water-borne contaminants to the surrounding environment.
MINING OF LAND
The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock.
POLLUTANT
Any element, or property of sewage, agricultural, industrial, or commercial waste, runoff, leachate, heated effluent, or other matter which is or may be discharged, drained, or otherwise introduced into any surface or subsurface disposal or conveyance system, or water of the Commonwealth of Massachusetts.
PROCESS LIQUIDS
Liquids used in cooling, cleaning, or in manufacturing processes which contact raw materials, products wastes, or machinery, and which, because of that contact, may contain pollutants.
RADIOACTIVE MATERIALS
Any of the materials which have a concentration which exceeds the limits set forth in Appendix B, Table II of 10 CFR Part 90 (Standards for Protection Against Radiation),[2] or any other applicable provisions of federal or state law or regulation.
RECHARGE AREAS
Areas composed of permeable stratified sand and gravel and certain wetlands that collect precipitation or surface water and carry it to aquifers.
SOLID WASTES
Useless, unwanted, or discarded solid material with insufficient liquid content to be free-flowing. This includes, but is not limited to, rubbish, garbage, scrap materials, junk, refuse, inert fill material, combustion residues, demolition debris, construction wastes, and landscape refuse.
TOXIC AND HAZARDOUS MATERIALS
Any substance or mixture of such physical, chemical, or infectious characteristics as to pose a significant, actual, or potential hazard to water supplies, environmental quality, or to human health if such substance or mixture was discharged to land or waters of this town. Toxic or hazardous materials include, without limitation, petroleum products, heavy metals, radioactive materials, pathogenic or infectious wastes, solvents, thinners, and other materials which are listed as toxic, hazardous or a priority pollutant by the United States Environmental Protection Agency under any of the following laws:
(1)
Toxic Substances Control Act 15 U.S.C. s. 2601 et seq.;
(2)
Federal Insecticide, Fungicide and Rodenticide Act 7 U.S.C. s. 136 et seq.;
(3)
Resource Conservation and Recovery Act of 1976 42 U.S.C. s. 6901 et seq.
(4)
Comprehensive Environmental Response, Compensation and Liability Act of 1980 49 U.S.C. s. 9601 et seq.,[3] and
(5)
Federal Water Pollution Control Act 33 U.S.C. s. 1251 et seq.
[1]
Editor's Note: MGL c. 21, §§ 52, 57 and 58, which dealt with the powers and duties of the Hazard Waste Disposal Board, were repealed by the Laws of 1979, c. 704, § 1, effective 1-1-1980.
[2]
Editor's Note: See now 10 CFR Part 20, Appendix B, Table 2.
[3]
Editor's Note: See 42 U.S.C. § 9601 et seq.
C.
Location. The locations of the Aquifer Protection Overlay Districts shall be as shown on the maps entitled Bridge Street Wellfield, Aquifer Protection District/Zone II Boundary, Dedham Massachusetts, and Fowl Meadow Aquifer, Aquifer Protection District/Zone II Boundary, Dedham, Massachusetts, both prepared by Weston and Sampson Engineers, Inc., which maps shall be deemed to be part of the Zoning Map of the Town of Dedham. The boundaries of the Aquifer Protection Overlay Districts are shown on a Geographic Information System Map prepared for the Dedham Planning Board, signed by the Planning Board by the Town of Dedham Engineering Department Geographic Information System Division at a scale of one inch equals 750 feet dated January 26, 2012.
D.
Scope of authority. The Aquifer Protection Overlay District shall be considered to be superimposed as an overlay district over any other district established by this Bylaw. Any requirement of this § 280-8.2. shall be in addition to the requirements of other sections of this Bylaw.
E.
Permitted uses. The following uses are permitted as of right within the Aquifer Protection Overlay District provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained and further provided that no permit is required for said use pursuant to (a) the National Pollutant Discharge Elimination System permit program established pursuant to 33 U.S.C. 1342, (b) the Surface Water Discharge Permit Program established pursuant to M.G.L. c.21, s.43, or (c) the Ground Water Discharge Permit Program established pursuant to M.G.L. c. 21, s.43:
(1)
Residential development, if permitted in the underlying district, provided that no more than 25% of a building lot (including the portion of any new street abutting the lot to the center line of such street) is rendered impervious. Larger parking areas, if required, must be constructed with permeable paving. All dwellings in the Aquifer Protection Overlay District constructed after the effective date of this Section shall be connected to the public sewer system. The foregoing requirement shall apply, to single family dwellings only if:
(a)
If a sewer has been installed in any street on which the subject lot has a frontage, and
(b)
If the sewer in such street extends as far as the subject lot.
(2)
Conservation of soil, water, plants and wildlife.
(3)
Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted.
(4)
Foot, bicycle and/or horse paths and bridges.
(5)
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control supply and conservation structures and devices.
(6)
Maintenance and repair of any existing structure provided there is no increase in impermeable pavement.
(7)
Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, provided that fertilizers, herbicides, pesticides, manure, and other leachable materials are not stored outdoors. If these activities do involve the use of fertilizers, herbicides, or pesticides, the town may require the installation of test wells to monitor for contamination by herbicides, pesticides, or fertilizers.
F.
Prohibited uses. The following uses are prohibited:
(1)
Sanitary landfills and open dumps, as defined in 310 CMR 19.006.
(2)
Land application and storage of sludge and septage, as defined in 310 CMR 32.05.
(3)
Automobile graveyards and junkyards, as defined in M.G.L. c. 140B, s. 1.
(4)
Storage of liquid petroleum products of any kind, except those incidental to (1) normal household use and outdoor maintenance or the heating of a structure, (2) waste oil retention facilities required by M.G.L. c. 21, s. 52A, or (3) emergency generators required by statute, rule, or regulation; provided that such storage is either in a freestanding container within a building or in a free-standing container above ground level with protection adequate to contain a spill the size of the container's total storage capacity.
(5)
Facilities that generate, treat, store, or dispose of hazardous waste which is subject to M.G.L. c. 21C and 310 CMR 30.00, including, without limitation, solid wastes, hazardous wastes, leachable wastes, chemical wastes, radioactive wastes, and waste oil, except for waste oil retention facilities required by M.G.L. c. 21, s. 52A, that meet the standard set forth in 310 CMR 22.22(2)(a)(4).
(6)
Manufacture, use, storage, or disposal of toxic or hazardous wastes or materials excluding normal household activities or those permitted by Special Permit hereunder.
(7)
Industrial or commercial uses which discharge process liquids on-site.
(8)
Storage of sodium chloride, calcium chloride, chemically treated abrasives, or other chemicals used for the removal of snow or ice on roads.
(9)
Stockpiling and disposal of snow and ice containing sodium chloride, calcium, chloride, chemically treated abrasives or other chemicals used for the removal of snow or ice on roads which has been removed from highways and streets located outside of the Aquifer Protection Overlay District.
(10)
Storage of pesticides, as defined in M.G.L. c. 132B, s. 2, unless such storage is within a building or structure that pursuant to a Special Permit, the Board of Appeals finds is so designed as to prevent an accidental release onto or below the land surface.
(11)
Storage of commercial fertilizers and soil conditioners, as defined in M.G.L. c. 128, s. 64, except in a structure with an impermeable cover and liner which pursuant to a Special Permit, the Board of Appeals finds is so designed to prevent the generation of contaminated run-off or leachate.
(12)
Stockpiling of animal manures, except in a structure with an impermeable cover and liner which pursuant to a Special Permit, the Board of Appeals finds is so designed to prevent the generation of contaminated run-off or leachate.
(13)
Onsite sewage disposal systems subject to 310 CMR 15.00 except as permitted for single family dwellings under Subsection E(1).
(14)
Except for excavations for the construction of building foundations or the installation of utility works, the removal of soil, loam, sand, gravel, or any other mineral substances within four feet of the historical high ground or surface water level (as determined from monitoring wells and historical water table fluctuation data compiled by the USGS), unless the substances removed are deposited on site to achieve a final grading greater than four feet above the historical high ground or surface water mark within 45 days of removal.
(15)
Land uses which result in the rendering impervious of more than 25% of any lot (including the portion of any new street abutting the lot to the centerline of such street) unless a system for artificial recharge of precipitation that will not result in groundwater pollution is provided, the design of which is approved by the Board of Appeals pursuant to a Special Permit.
(16)
Any other use not permitted as of right or by Special Permit.
G.
Uses permissible by special permit. The following uses are permitted, if authorized by the Board of Appeals by special permit in each specific case, subject to such conditions as the Board may impose to protect the aquifer:
(1)
The application of fertilizers for non-domestic or non-agricultural uses provided that such application shall be made in such a manner as to minimize adverse impacts on surface and groundwater due to nutrient transport and deposition and sedimentation.
(2)
Those commercial and industrial activities permitted in the underlying district with a Special Permit site plan review to prevent compaction and siltation, loss of recharge, exfiltration from sewer pipes, and contamination by oil, chemicals, nutrients, or any other adverse impact on the groundwater resources delineated within the Aquifer Protection Overlay District.
(3)
The use or storage of toxic or hazardous materials required for treatment of drinking water at public water treatment facilities, provided those materials are protected to prevent their release to the environment.
(4)
Any use that requires a permit under:
(a)
The National Pollutant Discharge Elimination System permit program established pursuant to 33 U.S.C. 1342,
(b)
The Surface Water Discharge Permit Program established pursuant to M.G.L. c. 21, s. 43, or
(c)
The Ground Water Discharge Permit Program established pursuant to M.G.L. c. 21, s. 43.
(5)
Residential uses permitted in the underlining district, the maintenance, repair, or alteration thereof and additions thereto, when the resulting impervious surface. would exceed 25% of lot area (including the area to the center line of any new street abutting the lot), provided that the Board of Appeals, in addition to the findings required under Subsection H, makes the finding that there is no feasible alternative available and the design is such that no contamination or depletion of aquifer recharge will result.
(6)
Any use herein where explicit provision is made for a Special Permit.
H.
Criteria for approval by the Board of Appeals. In addition to the notice otherwise required under this Zoning Bylaw, the Board shall give written notice of any Special Permit application within the Aquifer Protection Overlay District to the Dedham-Westwood Water District, the Board of Health, and the Conservation Commission, and request a report and recommendation from each of the same. After notice and public hearing in accordance with the procedures as prescribed by law, and after due consideration of the reports and recommendations of the Dedham-Westwood Water District, the Board of Health, and the Conservation Commission, the Board of Appeals may grant such a permit provided that it finds that the proposed use:
(1)
Is in harmony with the purposes and intent of this Bylaw and will promote the purposes of the Aquifer Protection Overlay District.
(2)
Is appropriate to the natural topography, soils, and other characteristics of the site to be developed.
(3)
Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge area.
(4)
Will not adversely affect the quality or quantity of an existing or potential water supply.
I.
Other boards. If the Board of Health, the Conservation Commission, or the Water District, within 14 days of the Board of Appeals' request for comments, opposes the grant of the Special Permit or recommends conditions and limitations on the grant, the Board of Appeals must either:
(1)
Follow such recommendations, or
(2)
State in writing as part of its findings the reasons for not following such recommendations.
J.
Reimbursement of costs. It is contemplated that, in most cases, it will be necessary for the Board of Appeals to hire consultants (e.g. geologists, engineers, etc.) in connection with the review and evaluation of applications for Special Permits under this Section. The Board of Appeals will be reimbursed by the applicant for the reasonable fees and expenses of such consultants, and each application for a Special Permit hereunder shall contain an agreement by the applicant to that effect regardless of the decision on his appeal.
K.
Design and operations guidelines.
(1)
Except for single family dwellings, each applicant for a Special Permit shall file as part of his application a report prepared by a geologist, earth scientist, other qualified specialist in the field of chemistry and land disposal, or registered professional engineer which shall describe how the proposed use and/or structures satisfy the following items:
(a)
Safeguards. Provision shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage, or vandalism through measures such as: spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolvable materials. For operations which allow the evaporation of toxic or hazardous materials into the interiors of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated condensate into the groundwater.
(b)
Location. Where the premises are partially outside of an Aquifer Protection Overlay District, site design shall to the maximum degree possible locate such potential pollution sources as on-site disposal system outside of the District.
(c)
Disposal. For any toxic or hazardous wastes to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with Ch. 21C, MGL.
(d)
Drainage. All runoff from impervious surfaces shall be recharged on the site and diverted towards areas covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only where other methods are not feasible, and shall be preceded by oil, grease, and sediment traps to facilitate removal of contaminants.
(2)
The Board of Appeals may also require the preparation and filing of Operations Plans for particular uses, which plans may be incorporated as conditions of a Special Permit.
L.
Violations.
(1)
Written notice of any violation of this Bylaw shall be given by the Building Inspector to the responsible person within 48 hours of detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice may be oral, if confirmed in writing within five days. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations, preventive measures required for avoiding future violations, and a schedule of compliance. A copy of such notice shall be submitted to the Building Commissioner, the Water District, the Board of Health, and the Conservation Commission. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.
(2)
For situations that require immediate remedial action to prevent adverse impact to the groundwater resources within the Aquifer Protection Overlay District, the Town of Dedham, the Building Inspector, the Board of Health, and any of their agents or the Dedham/Westwood Water District may order the owner or operator of the premises to remedy the violation and, if said owner and/or operator does not immediately comply with said order, the Town of Dedham, the Building Inspector, the Board of Health, any of their agents or the Dedham-Westwood Water
(3)
District, if authorized to enter upon such premises under the terms of a Special Permit or otherwise, may act to review the violation. For the purposes of this section, the term "immediately" shall mean within a twenty-four-hour period. Remediation costs shall be the responsibility of the owner and operator of the premises. Any violation of this Bylaw shall result in the levying of a fine of $300 on the owner of the property where the violation occurred, and on the operator or person causing the violation, with each day, during which a violation persists being considered a separate violation.
§ 280-8.3 Wireless Communications Services Overlay District.
A.
Purpose. The purpose of this Bylaw is to accommodate within Dedham the necessary infrastructure for wireless communications services while protecting the general public from the impacts associated with wireless communications facilities.
B.
Establishment. The Wireless Communications Services Overlay District includes all land located in the Research Development and Office (RDO) district; and all land located in Limited Manufacturing (LMA) districts LM-20, LM-21, LM-22, LM-23, and Limited Manufacturing Type B (LMB) district LMB-1, and all land located in the Highway Business district (HB-1). The Wireless Communications Services District shall be construed as an Overlay District with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.
C.
Applicability. Other provisions of this Zoning Bylaw notwithstanding, the regulations set forth herein shall apply to the construction, erection and/or placement of Wireless Communications Links within the Town of Dedham. Replacement of existing Wireless Communication Link reception and transmission devices, accessory mechanical, electronic, or telephonic equipment, fixtures, wiring, and protective covering customary and necessary to operate such wireless communication equipment, except for monopoles and lattice towers that support such Wireless Communication Link devices, shall be exempt from review by the Zoning Board of Appeals and the Design Review Advisory Board; however, they are subject to § 280-8.3E review. These provisions shall be effective as of April 14, 1997, provided that a Wireless Communication Link shall be exempt from the provisions of this Section and shall be governed by the rest of the Bylaw if application to the Building Commissioner or Zoning Board of Appeals for a building permit or zoning relief has been made prior to the first notice of hearing before the Planning Board for adoption of this Section, and either (a) no zoning relief is required, or (b) any required zoning relief is thereafter granted by the Zoning Board of Appeals; provided construction work under such building permit is commenced within six months of the date of such permit and proceeds in good faith continuously so far as is reasonable practicable.
D.
Use regulations. In the Wireless Communications Services Overlay District the following Use Regulations will apply:
Table 9 - Use Regulations Wireless Communications | |
|---|---|
Indoor Wireless Communications Link | Allowed* |
Accessory Wireless Communications Link | Special Permit** |
Building Mounted Wireless Communications Link | Special Permit** |
Wireless Communications Link mounted on Existing, Free-standing Structure | Special Permit** |
Free-standing, Exterior Wireless Communications Link | Special Permit** |
* | Allowed as of right subject to dimensional and performance requirements. |
Allowed within an existing structure in the Central Business District. | |
** | May be permitted by Special Permit from the Zoning Board of Appeals. |
E.
Site plan review. The construction, erection, installation of new listed communications devices and appurtenant structures, except Indoor Wireless devices, are subject to Site Plan Review. For Replacement of existing Wireless Communication Link reception and transmission devices, accessory mechanical, electronic, or telephonic equipment, fixtures, wiring, and protective covering customary and necessary to operate such wireless communication equipment, the guidelines of this section shall be administered by the Building Department. In review of applications, the Planning Board shall employ the following guidelines:
(1)
Screening, landscaping, and preservation of existing vegetation. Whenever possible, devices shall be sited so as to minimize the visibility of such devices from adjacent property, and shall be suitably screened from abutters and residential neighborhoods. To the extent feasible, installation of freestanding devices shall minimize the removal of existing trees and other vegetation.
(2)
Height. A device shall be designed and installed at the minimum height necessary for the proper functioning of the telecommunications services to be provided by the device at that location. Free-standing devices shall not exceed 50 feet in height.
(3)
Color. Free-standing, wall-mounted, and roof-mounted devices shall be painted or otherwise colored or finished in a manner which aesthetically minimizes the visibility of the devices in the surrounding landscape or on the building or structure to which they are attached.
(4)
Fencing. Any fencing necessary to control access to devices shall be compatible with the character of the area.
(5)
Signs. There shall be no advertising permitted on or in the vicinity of the devices. There shall be a sign not exceeding four square feet in area at each installation which shall display a phone number where the person responsible for the maintenance of the installation may be reached on a twenty-four-hour basis. All other signage shall be consistent with the Sign Code.[1]
[1]
Editor's Note: See Ch. 237, Signs, of the Town Code.
(6)
Lighting. Night lighting of installations shall be prohibited except for such lighting as may be necessary for emergency repair purposes.
(7)
Parking. Free-standing device installations shall provide one off-street parking space for service vehicles.
(8)
Personal safety. When devices are mounted in locations above or in the vicinity of pedestrian areas or other areas open to the public, such installations shall be made in a manner that does not impede or restrict the movement of pedestrians nor pose a hazard to any person.
(9)
Bond. Any wireless communications company seeking to erect a free-standing wireless communications link shall provide to the Town of Dedham a bond in the amount of $250,000 to guarantee any and all obligations regarding the installation, operation, and removal of such facility. Any wireless communications company seeking to erect a building-mounted communications link or co-locate on existing free-standing link shall provide to the Town of Dedham a bond in the amount of $50,000 for the same purposes. The Board may reduce the amount of the bond required after one year of operation upon request by the communications company. All bonds shall remain in full force and effect for the life of said operation.
F.
Dimensional requirements. In the Wireless Communications Services Overlay District, the following dimensional regulations will apply:
(1)
Building Mounted Wireless Communications Link - a maximum of 10 feet above the rooftop or structure as described in Article IV of this Bylaw.
(2)
Wireless Communications Link mounted on Existing, Free-Standing Structure may be installed at any point upon such existing structure.
(3)
Free-standing, Exterior Wireless Communications Link - 50 feet above ground.
(4)
No free-standing communications facility shall be located within one mile of another such facility unless located: on a co-location site, or within the Route 128 median.
(5)
No free-standing communications facility shall be located within 500 feet of a residential dwelling with the exception of locations within the Route 128 median.
G.
Performance standards. All Wireless Communications Links erected, installed and/or used shall comply with the following performance standards:
(1)
Compliance with Federal and State Regulations;
(2)
All Wireless Communications Links shall be erected, installed, maintained and used in compliance with all applicable federal and state laws, rules and regulations, including radio frequency emission regulations as set forth in Section 704 of the 1996 Federal Telecommunications Act.
H.
Co-location of wireless communications equipment. All owners and operators of such Wireless Communications Link shall, as a continuing condition of installing, constructing, erecting, and using a Wireless Communications Link, permit other public utilities or FCC-licensed commercial entities seeking to operate a Wireless Communications Link to install, erect, mount, and use compatible Wireless Communications equipment and fixtures on the equipment mounting structure on reasonable commercial terms, provided that such co-location does not materially interfere with the transmission and/or reception of communication signals to or from the existing Wireless Communications Link, and provided that there are no structural or other physical limitations that make it impractical to accommodate the proposed additional Wireless Communications equipment or fixtures.
I.
Coexistence with other uses. A Wireless Communications Link may be located on the same lot with any other structures or uses lawfully in existence and/or lawfully undertaken pursuant to this Bylaw.
J.
Exemptions. The following types of wireless communications facilities are exempted from this Bylaw:
(1)
Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications System, provided the tower is not used or licensed for any commercial purpose.
(2)
Facilities used for the purposes set forth in M.G.L., Chapter 40A, Section 3.
§ 280-8.4 Historic Preservation Overlay District (HPOD).
A.
Purpose.
(1)
Encourage the preservation and continued use of buildings and structures of historic and architectural significance.
(2)
Encourage the adaptive re-use of such buildings and structures by broadening and modifying use and dimensional regulations that may otherwise impede historic and architectural preservation efforts.
B.
Establishment.
(1)
The Historic Preservation Overlay District (HPOD) is established as a district that overlays the underlying districts, so that any parcel of land lying in the HPOD shall also lie in one or more of the other zoning districts in which it was previously classified, as provided for in this Zoning Bylaw. Land, building, and structures in the HPOD may be used for all purposes permitted as of right or by Special Permit in the underlying district, and all requirements of the underlying district shall remain in full force and effect, except as may be specifically superseded herein.
(2)
The HPOD shall include the following Dedham Board of Assessors' map and block (parcel) numbers:
Map/Block | Map/Block | Map/Block | Map/Block | Map/Block |
|---|---|---|---|---|
91-4 | 91-8 | 91-42 | 91-48 | 107-66 |
91-5 | 91-9 | 91-44 | 107-58 | 107-105 |
91-7-1020 | 91-26A | 91-45 | 107-64 | 107-108 |
91-26B | 91-47 | 107-65 | 107-109 |
C.
Applicability and eligibility. Conversion of an existing historic building or structure for multi-family residential use may be allowed by Special Permit under this § 280-8.4 only if such building or structure or the lot upon which such building or structure is located satisfies the following:
(1)
The original building or structure was constructed prior to 1900.
(2)
The lot contains a minimum of 20,000 square feet of land and was established by plan or deed recorded prior to the adoption of this § 280-8.4.
(3)
The building or structure contains a minimum of 12,000 gross square feet of floor area.
D.
Special permit granting authority. The Planning Board shall be the Special Permit Granting Authority (SPGA) for all applications and projects under this § 280-8.4. If such application or project also requires other Special Permits, the Planning Board shall be the SPGA for all such Special Permits.
E.
Historic preservation special permit. The SPGA may grant a Special Permit for the conversion of an eligible building or structure for multi-family residential use upon a determination that the following conditions and criteria have been satisfied:
(1)
All dwelling units must be located within a single eligible building or structure, provided, however, that the floor area of said building or structure may be expanded by not more than 10% of the gross floor area existing on the date of the adoption of this § 280-8.4. New construction of elevators or stairways shall be excluded from the calculation of the percentage of such expansion.
(2)
Not more than six dwelling units shall be allowed in any such eligible building or structure.
(3)
Except as otherwise provided herein, the dimensional requirements set forth in the Table of Dimensional Requirements (Table 2)[1] and the off-street parking requirements of Article V[2] shall not be applicable but shall be determined and specified by the SPGA in the Special Permit after due consideration of the historical and architectural preservation efforts, the unique characteristics of the lot and building or structure, and adequate protection of abutting properties and uses.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
[2]
Editor's Note: See § 280-5.1.
(4)
1.5 parking spaces shall be provided for each dwelling unit which may include parking within the enclosed structures.
(5)
With the exception of elevators or stairways, any additions or expansions to such eligible building or structure shall comply with applicable yard requirements for the SRB Zoning District.
(6)
Maximum height requirements shall not apply to such eligible building or structure, provided, however, any additions or enlargements shall not exceed the current height of the eligible building or structure or 38 feet, whichever is greater.
(7)
Collection and disposal of all refuse and recycling material shall be provided privately.
(8)
The building or structure shall be connected to municipal water and sewer systems if the same are present in the abutting street. All costs associated with the installation of such services shall be borne by the developer or applicant.
(9)
One-story detached accessory buildings or structures to be used as private garages and/or to house snow removal, lawn, maintenance, and recreational equipment may be allowed subject to Subsection E(3) above.
F.
Site plan review. All applications under this § 280-8.4 shall be subject to Minor Site Plan Review which shall be conducted by the Planning Board as part of the Special Permit process.
