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Georgetown City Zoning Code

ARTICLE I

General Provisions

§ 165-1 Purpose.

The purpose of this chapter is to promote the health, safety, welfare and convenience of the inhabitants by dividing the Town of Georgetown into districts and regulating the use and construction of buildings and premises with a view to encouraging the most appropriate use of land in the Town.

§ 165-2 Designation of districts.

A. 
In accordance with MGL c. 40A, as amended, the Town of Georgetown is hereby divided into the following districts:[1]
RA Central Residential [see Map 1, 1972, in Appendix, p. 4. (Appendix 4). Created 1954, Note 1; reduced by Map 3, 1972, Appendix 6]
RB Outside Residential B [see Map 3A, 1989, Appendix 4 and 5. Created 1957, Amdt. No. 2; reduced 1964, Amdt. No. 8; extended in 1972, Map 3 (Appendix 6) Amdt. No. 38; extended 1973, Amdt. No. 43D; extended 1984, Amdt. No. 63 (Map 20A, Appendix 7); extended 1987, Amdt. No. 68 (Map 24 Amdt. No. 6); extended 1989, Amdt. No. 80 (Map 26, Appendix 5)]
RC Outside Residential C [see Map 2, 1989, Appendix 7, and Map 25, 1987 (Amdt. No. 69, Appendix 7), created 1970, Amdt. No. 32, 1970 Town Report, Pages 64-66 (70 TR64-66); extended 1978, Amdt. No. 51; extended 1979, Amdt. No. 53; extended 1987, Amdt. No. 69 (Map 25 Appendix 7); reduced 1989, Amdt. No. 80 (Map 26, Appendix 5)]
CA Business and Commercial District A (see Map 5, 1988, Appendix 8. Created 1954, Note 1, extended 1966, Amdt. No. 11; extended 1970, Amdt. No. 20; extended 1988, Amdt. No. 74)
CB Business and Commercial District B (see Map 6, 1959, and Map 21, 1984; Appendix 9. Created 1959, Amdt. No. 5; extended 1984, Amdt. No. 62, Map 21)
CC Business and Commercial District C [see Map 7, 1984, Appendix 8. Created 1969, Amdt. No. 16; extended 1973, Amdt. No. 43B, (see Map 8, Appendix 8); reduced 1984, Amdt. No. 61 (see Map 7, Appendix 8)]
IA Light Industrial District A (see Map 9, 1954, Appendix 10. Created 1954, Note 1)
IB Light Industrial District B [see Map 10, 1987, Appendix 10. Created 1958, Amdt. No. 3; reduced 1964, Amdt. No. 8 and Amdt. No. 9; refined 1972, Amdt. No. 39; increased 1984, Amdt. No. 61 (Map 7, Appendix 8); reduced 1984, Amdt. No. 63 (Map 20A, Appendix 7); reduced 1987, Amdt. No. 68 (Map 24, Appendix 6); reduced 1987, Amdt. No. 69 (Map 25, Appendix 7)]
[1]
Editor's Note: The maps, appendices and Town Reports referred to below are on file in the Town offices. Refer to the tables at the end of the chapter for the adoption dates and article numbers of the amendments (Amdt. No.) referred to in the descriptions.
B. 
The key map for said maps is Map 12, revised 1989 (Appendix p. 2 and 3)
C. 
The Water Resource Districts are shown on Map 22, entitled "Water Resource Districts, Georgetown, Mass., May 6, 1985" (Appendix p. 15 and 16). Said districts are described in § 165-36 (Amdt. No. 66)
D. 
The floodplain districts are described in § 165-28. The key map is Map 11, revised May 1, 1980 (Appendix p. 11).
(1) 
Map 11, 67 feet, 72 feet. Map in Appendix, Page 11. Parker River.
[Amended 10-27-1997 STM, Art. 12 (Amdt. No. 121)]
(2) 
Map 15, 85 feet, 90 feet. Appendix, Page 12. Parker River.
(3) 
Map 11, 100 feet. Pen Brook.
(4) 
Map 11, 90 feet. Pen Brook.
(5) 
Map 11, 70 feet. Branch of Parker River.
(6) 
Map 11, 87 feet. Branch of Parker River.
(7) 
Map 11, 100 feet. Lufkin's Brook.
(8) 
Map 11, 130 feet. Branch of Lufkin's Brook.
(9) 
Map 17, 83 feet, Appendix, Page 13. Pentucket Pond, Parker River.
(10) 
Map 16q.v. Wheeler Brook, Appendix, page 13.
(11) 
Map 15, 21 feet -- 55 feet q.v., Appendix, Page 13. Jackman Brook.
[Amended 10-27-1997 STM, Art. 12 (Amdt. No. 121)]
(115) 
Map 11, 55 feet. Jackman Brook upstream from Jewett Street.
[Added 10-27-1997 STM, Art. 12 (Amdt. No. 128)]
(12) 
Map 11, 70 feet. Hawk Meadow.
[Amended 10-27-1997 STM, Art. 12 (Amdt. No. 121)]
(13) 
Map 11, 66 feet. Wheeler Brook, to the earthen dam located upstream from Jewett Street, thence elevation 68 feet.
[Amended 10-27-1997 STM, Art. 12 (Amdt. No. 121); 6-15-1998 ATM, Art. 31 (Amdt. No. 128)]
(14) 
Map 13, 81 feet. Bulford Brook; 80 feet. Pen Brook, Appendix, Page 13.
(15) 
Map 14, q.v. Muddy Brook. Appendix, Page 14.
E. 
The Official Map is Map 23 (Appendix p. 18 and 19. MGL c. 41, § 81E) and was adopted May 7, 1984, Article 24. Recorded in ESD Plan Book 187, No. 70 and noted in Book 7423, Page 327.
F. 
All maps referred to above are in this pamphlet in the Appendix.

§ 165-3 Descriptions of districts. [1]

Said districts are described as follows:
A. 
RA Central Residential District (Map 1):[2]
The area bound by a line 150 feet outside the perimeter formed by the center line of Brook Street, Elm Street, East Main Street, Pillsbury Lane, Malloy Road, Parsonage Street, North Street, Mill Street, Old Jacobs Road, King Street, West Main Street, Bailey Lane, Georgetown Lake Drive, Andover Street, Library Street and Central Street. (See Map 1.)
There is excepted therefrom the Business and Commercial District, the Business and Commercial District B and the Light Industrial District, all as defined in this bylaw.
[Added 3-3-1970 ATM, Art. 43 (Amdt. No. 21)]
On December 4, 1972, under Article 2 (Amdt. No. 38), the Town voted to rezone from RA to RB:
(1) 
That part of Lot IA on Sheet 10 of the Assessor's current map which lies west of a line drawn 150 feet east of the center line of Pillsbury Lane;
(2) 
That part of Lot 22 on Sheet 11 of the Assessor's current map which lies west of a line drawn 150 feet east of the center line of Pillsbury Lane;
Said land so rezoned is shown on a map on file in the office of the Town Clerk entitled "Land Rezoned to RB December 4, 1972 Town Meeting, Article 2." (See Map 3.)
These provisions are severable and the invalidity of one provision shall not affect the validity of any other provision.
On October 27, 1997, under Article 14 (Amdt. No. 123), the Town voted to rezone portions of:
(1)
Parcels 1, 2, 3, 4, 5, 6, 7, 7B, 8, 9, Map 10A;
(2)
Parcels 5, 6, 7, 8, 8A, 9, 10, 11, 12, 13, 14, Map 10B;
(3)
Parcels 10B-5, 10B-6, 10B-7, 10B-8, 10B-9, 10B-10, 10B-11, 10B-12, 10B-13, Map 5-a;
(4)
Parcels 10B-13, 10A-1, 10A-2, Map 5.
(Street addresses are 67, 71, 79, 85, 91, 95, 97, 99, 119, 123, 135, 149, 153, 161, 167, 169, and 171 Central Street and 29 Brook Street) along the westerly side of Central Street at the current RC/RA Zone line to the easterly boundary of existing abandoned railroad, from RC Zoning District to RA Zoning District, in order to provide a uniform zoning district across each parcel in its entirety.
[2]
Editor's Note:
A. The Town voted [5-7-1984, ATM Art. 23 (Amdt. No. 62)] to amend the Zoning Bylaw by rezoning from Residential A to Commercial B (CB) Lots 1 through 4 on Assessor's Map 10B (being numbers 45 through 65 Central Street) and also the Central School Building (being One Library Street) which is shown as Lot 58 on Assessor's Map 11A; provided that the setback of side line abutting a residential district shall be 50, not 100, feet. (See Map 21.)
B. The Town voted [6-10-1991 ATM, Art. 22 (Amdt. No. 85)] to rezone from RA to CA the land on the southerly side of East Main Street including Union Street, bounded westerly by the western bound or the Town Parking Lot, northerly by East Main Street southerly by Library Street, and easterly by Union Street.
B. 
CA Business and Commercial District (Map 5):
(1) 
The northerly side of West Main Street from North Street to 55 West Main Street, inclusive, for the depth of each lot. (This includes Lot 168 on Sheet 6C and Lots 32, 31, 30, 29, 28 and 27 on Sheet 11A of 1965 Assessor's Map.)
(2) 
Also: The southerly side of West Main Street from Central Street to School Street for the depth of each lot (being Lots 51, 50, 53, 35 and 36 on Sheet 1 1A).
[Amended 3-3-1970 ATM, Art. 42 (Amdt. No. 20)]
(3) 
Also: The northerly side of East Main Street from North Street to Park Street for the depth of each lot (being Lots 121 and 120 on Sheet 1 1A).
(4) 
Also: The southerly side of East Main Street from Central Street to the westerly side of the Town parking lot, thence proceeding southerly by said parking lot to Library Street, thence westerly by Library Street to Central Street, thence proceeding northerly by Central Street to East Main Street. (See Map 5.)
(5) 
Also: The southeasterly side of North Street from the CA District on East Main Street to the northeasterly side of Lot 122 for the depth of the lot (being Lot 122 on Sheet 1 1A of the Assessor's Map), provided that no buffer or side or rear yard be required next to residential district; and to revise Map 5.
[Added 5-5-1988 ATM, Art. 27 (Amdt. No. 74)]
(6) 
To rezone from RA to CA the land on the southerly side of East Main Street including Union Street, bounded westerly by the western bound of the Town Parking Lot, northerly by East Main Street southerly by Library Street, and easterly by Union Street.
[Added 6-10-1991 ATM, Art. 22 (Amdt. No. 85)]
C. 
CB Business and Commercial District B (Maps 6 and 21)
[Added 3-2-1959 ATM, Art. 17 (Amdt. No. 5)]:
The area bounded as follows:
Beginning at the corner of Library Street and Central Street, thence southerly by Central Street to the northwest bound of land of Sadie L. Whalen at 80 Central Street, thence easterly in a straight line to the northeast bound of land of James H. Boynton et ux at 9 Elm Street, thence northwesterly by East Main Street to Library Street, thence westerly by Library Street to Central Street. (See Map 6.)
Also: The Town voted (May 7, 1984) to amend the Zoning Bylaw by rezoning from Residential A to Commercial B (CB) Lots 1 through 4 on Assessor's Map 10B (being numbers 45 through 65 Central Street) and also the Central School Building (being One Library Street) which is shown as Lot 58 on Assessor's Map 1 1A; provided that the setback of side line abutting a residential district shall be 50, not 100, feet. (See Map 21.)
[Added 5-7-1984 ATM, Art. 23 (Amdt. No. 62)]
Rezoning from Commercial B (CB) to Residential A (RA) portions of land described by the Town's Assessor as Map 10B, Lot 34.
[Added 5-5-2014 ATM, Art. 40 (Amdt. No. 181)]
D. 
CC Business and Commercial District C (Map 7)
[Added 3-4-1969 ATM, Art. 44 (Amdt. No. 16)]:[3]
(1) 
The area bounded northerly by Route 133, easterly and southerly by the state forest and westerly by Route 95.
(2) 
The area bounded easterly by Route 95, southerly by Route 133, westerly by a line drawn 1,350 feet perpendicularly from and parallel to the center line of Route 95 as laid out in 1951, and northerly by a line 600 feet perpendicularly from and parallel to Tenney Street, including those parts of lots 43 and 44 so measured, all of lots 63 and 27, and none of lots 29, 28, 26 and 41, all as shown on sheet 15 of the current Assessor's Map as on file in the office of the Town Clerk. (Map 8)
[Added 3-19-1973 ATM, Art. 40 (Amdt. No. 43B)]
(3) 
[Added 3-19-1973 ATM, Art. 43B (Amdt. No. 43B) repealed 5-7-1984, Art. 22 (Amdt. No. 61)]
(4) 
The area on the southerly side of Route 133 bounded easterly by the Rowley line, southerly and westerly by the state forest and northerly by Route 133. (Map 7)
[Added 3-19-1973, Art. 40. (Amdt. No. 43B)]
[3]
Editor's Note:
A. The Town voted to rezone to Industrial IB that portion of land on the east side of Route 95 from Route 133 north to the intersection of Long Hill Road and Tenney Street which is now zoned as Commercial CC; namely, the area bounded westerly by Route 95, northerly by Tenney Street and Long Hill Road, easterly by a line drawn 1,650 feet perpendicularly from the parallel to the center line of Route 95 as laid out in 1951, and southerly by the Rowley line and Route 133. See 5-7-1984 ATM Art. 22 (Amdt. No. 61, Maps 7 and 10).
B. It was voted on June 14, 1999, under Art. 27 (Amdt. No. 132) to rezone Map 14, Lot 4, 401 East Main Street, from CC to IB and add Map 35.
C. It was voted on June 14, 1999, under Art. 28 (Amdt. No. 133) to rezone Map 15, Lots 68 and 45, 16 Carleton Drive from CC torn and Map 15, Lots 43 and 44,4 and 6 Carleton Drive from CC/RB to IB and add Map 35.
E. 
IA Light Industrial District (Map 9):
The westerly side of Prospect Street for a distance of 250 feet from West Main Street for the depth of each lot (being Lots 142 and 141 on Sheet 6C of the 1965 Assessor's Map).
Also: The southeasterly side of Moulton Street for a distance of 460 feet from West Main Street to the depth of the first lot and a depth of 115 feet of the second lot (being Lots 117 and 116 on Sheet 6C).
Also: The northwesterly side of Moulton Street from West Main Street to Munroe Street for a depth of 115 feet on each lot (being Lots 153 and 154 on Sheet 6C).
F. 
IB Light Industrial District B (See Map 10, revised May 4, 1987.)
[Added 6-16-1958 ATM (Amdt. No. 3)]:[4]
The area bounded as follows:
(1) 
Beginning at the intersection of Route 95 and the Newbury Town line, thence proceeding southeasterly by the Town line to a point that is 1,650 feet perpendicularly from the center line of Route 95 as laid out in 1951, thence proceeding southwesterly on a line that is parallel to and 1,650 feet from said center line to Long Hill Road, thence westerly by Long Hill Road and Tenney Street to Route 95; thence northeasterly by Route 95 to the point of beginning.
[Amended 3-19-1973 ATM, Art. 40 (Amdt. No. 43C, Map 10)]
(2) 
Also: Beginning at a point on Searle Street that is 1,350 feet perpendicularly from said center line of Route 95, thence proceeding northeasterly on a line that is parallel to and 1,350 feet from said center line to a point that is 625 feet south of the center line of Noyes Road as accepted by the Town; thence southeasterly on a line that is parallel to and 625 feet from said center line of Noyes Road to Route 95; thence southwesterly by Route 95 to Searle Street, thence westerly by Searle Street to point of beginning.
[Amended 12-4-1972 STM, Art. 4 (Amdt. No. 39, Map 10); 5-7-1984 ATM, Art. 32 (Amdt. No. 63, Map 20A); 5-4-1987 ATM, Art. 20 (Amdt. No. 69, Map 25); 5-1-1989 ATM, Art. 32 (Amdt. No. 80, Map 24)]
(3) 
Also: The Town voted to rezone to Industrial IB that portion of land on the east side of Route 95 from Route 133 north to the intersection of Long Hill Road and Tenney Street which is now zoned as Commercial CC; namely, the area bounded westerly by Route 95, northerly by Tenney Street and Long Hill Road, easterly by a line drawn 1650 feet perpendicularly from the parallel to the center line of Route 95 as laid out in 1951, and southerly by the Rowley line and Route 133.
[Amended 5-7-1984 ATM, Art. 22 (Amdt. No. 61, Maps 7 and 10)]
(4) 
Rezoned CC.
[Amended 3-14-1973 ATM, Art. 40 (Amdt, No. 43C)]
(5) 
Is now owned by state Department of Public Works.
The following is hereby rezoned from IB to RB; the northerly side of Searle Street from the RB District easterly to the northerly side of Searle Street from the RB District easterly to the northeasterly side of Lot 19 of Map 16 of the Assessors' Sheets. There shall be a 100-foot buffer strip as defined in § 165-7 on said Lot 19 for the depth of the lot where it adjoins Lot 20, and further moves to adopt Map 28 showing this change.
The following is hereby rezoned from IB to RB: that portion of Lot 46 on Map 16 of the Assessors' Sheet currently zoned IB with the exception of a 100-foot strip abutting Lot 43 on same Map 16 which will remain IB.
[Added 6-26-1995 ATM, Art. 13 (Amdt. No. 96)]
Rezone portion of Assessors Map 20, Lot 68C, from Residential B to Industrial B. Add Map No. 32.
[Added 10-19-1998 STM, Art. 15 (Amdt. No. 131)]
Rezone Map 14, Lot 4, 401 East Main Street, from Commercial C to Industrial B, and add Map 35
[Added 6-14-1999 ATM, Art. 27 (Amdt. No. 132)]
Rezone Map 15, Lots 68 and 45, 16 Carleton Drive, from Commercial C to Industrial B and Map 15, Lots 43 and 44, 4 and 6 Carleton Drive, from Commercial C/Residential B to Industrial B, and add Map 35.
[Added 6-14-1999 ATM, Art. 28 (Amdt. No. 133)]
[4]
Editor's Note:
A. The Town voted May 7, 1984, [ATM Art. 32 (Amdt. No. 63)] to rezone from IB to RB on the northerly side of Jewett Street easterly 640 feet on Lot 95 of Map 17 of the Assessor's Sheets for the depth of the lot; and also on the southerly side of Jewett Street easterly on Lot 110 to the center line of Wheeler Brook for the depth of the lot, provided that in neither case shall there be any setback requirement from the adjoining district, thus permitting access to and use of the adjoining IB District; and by adding Map 20.
B. On May 1, 1987, under Article 18, (Amdt. No. 68) the Town voted to rezone from IB to RB the southerly side of Jewett Street from the center line of Wheeler Brook easterly to Interstate Route 95, being Lots 108 and 109 of Map 17, A.S.; and Lot 10 of Map 16 and by adding Map 24, April 1, 1987.
C. It was voted May 4, 1987, under Article 20 (Amdt. No. 69) to rezone from [B to RC the areas west of Route 95 and north of Jewett Street shown on AS. Map 17, Lot 86A and Lot 95 and to adopt Map 25.
D. It was voted October 19, 1998, under Article 13 (Amdt. No. 129) to rezone the following parcels from IB to RC: Assessors Map 20, Lots 2, SG, and 6, provided that for new residential development on Assessors Map 20, Lot 2, the one-hundred-foot industrial buffer zone requirements (as defined by Note 6 in the Intensity of Use Schedule of this Code) between the residential and industrial zones shall be provided on the residential land. Map 30 was added.
E. It was voted October 19, 1998 under Article 14 (Amdt. No. 130) to rezone the following parcels or portions of parcels from LB to RB and to add Map No. 31:
(1) Assessors Map 19 Lots 2, 3, 5, 65, 65A, 63A;
(2) Assessors Map 16 Lots 46A, 46B, 46C, 46D, 96, 97, 98, 99;
(3) Provided that no one-hundred-foot industrial buffer zone (as defined by Note 6 in the Intensity of Use Schedule of this Code) shall be required for parcels on Assessors Map 17, Lot 101B and Map 17, Lot 100 and Lot 100A between residential and industrial zones.
F. It was voted June 14, 1999, under Article 31 (Amdt. No. 135) to rezone from IB to RB a portion of a parcel shown on Map 15 and designated by the Assessors as Lot 48 on Map 16, 350 feet deep parallel to the edge of the right-of-way of Long Hill Road, provided that for new residential development on those lots the one-hundred-foot industrial buffer zone requirements (as defined by Note 6 in the Intensity of Use Schedule of this Code) between the residential and industrial zones shall be provided on the residential land and further, add Map 36 with note: one-hundred-foot industrial buffer zone requirement between the residential and industrial zones shall be provided on the residential land.
G. 
RC Outside Residential District C (Map 2 and 25)
[Added 8-10-1970, Art. 1 (Amdt. No. 32)J][5]
(1) 
The area bounded on the west and south by the Boxford Town line; on the north by Pine Plain Road, West Street, Andover Street, then the RA District; on the east by the RA District, then by a line drawn 275 feet west of the center line of Central Street, then of Georgetown Road, being shown on Map 2, revised May 1, 1978.
[Amended 5-1-1978 ATM, Art. 13 (Amdt. No. 51)]
(2) 
The area bounded on the west and north by Groveland; on the south by the RC District; and on the east by the RA District and then by Bailey Lane.
[Added 5-7-1979 ATM, Art. 18 (Amdt. No. 53)]
(3) 
The area bounded on the east by the state forest; on the north by a line drawn 275 feet south of the center line of East Main Street, then by the RA District; on the west by the PA District; then by a line drawn 275 feet East of the center line of Central Street, being shown on Map 2, revised May 7, 1979.
[Added 5-7-1979 ATM, Art. 18 (Amdt. No. 53)]
Voted May 4, 1987, under Article 20 to rezone from IB to RC the areas west of Route 95 and north of Jewett Street shown on AS. Map 17, Lot 86A and Lot 95 and to adopt Map 25.
[Added 5-4-1987, Art. 20 (Amdt. No. 69)]
Rezone the following parcels from Industrial B to Residential C: Assessors Map 20, Lots 2, 5G, and 6, provided that for new residential development on Assessors Map 20, Lot 2, the one-hundred foot industrial buffer zone requirements (as defined by Note 6 in the Intensity of Use Schedule of this Code) between the residential and industrial zones shall be provided on the residential land. Add Map 30
[Added 10-19-1998 STM, Art. 13 (Amdt. No. 129)]
[5]
Editor's Note:
A. On May 1, 1989, under Article 32 (Amdt. No. 80), the Town voted to zone from RC to RB land south of 231 East Main Street bounded on the east by a wood lane to the State Forest; on the southwest by the State Forest; on the west and north by Lots 41,40 and 39 of Assessors Sheets, Map 10, being Lot 38 containing 16 acres (Map 26, Appendix Page 7).
B. On October 27, 1997, under Article 14 (Amdt. No. 123), the Town voted to rezone portions of:
(1) Parcels 1, 2, 3,4, 5, 6, 7, 7B, 8, 9, Map 10A;
2) Parcels 5, 6, 7, 8, 8A, 9, 10, 11, 12,13, 14, Map 10B;
(3) Parcels 10B-5, 10B-6, 10B-7, 10B-8, 10B-9, 10B-b, 10B-11, 10B-12, 10B-13, Map 5-a;
(4) Parcels 10B-13, 10A-1, 10A-2, Map 5
(Street addresses are 67, 71, 79, 85, 91, 95, 97, 99, 119, 123, 135, 149, 153, 161, 167, 169, and 171 Central Street and 29 Brook Street) along the westerly side of Central Street at the current RC/RA Zone line to the easterly boundary of existing abandoned railroad, from RC to RA, in order to provide a uniform zoning district across each parcel in its entirety.
H. 
RB Outside Residential District (Maps 12 and 3A).[6]
[Added 4-25-1957 ATM (Amdt. No. 2)]
(1) 
See also Map 24, Appendix Page 6; Map 8, Appendix Page 8; and Map 10, Appendix Page 10; Map 20A (with Map 25), Appendix, Page 7.
(2) 
This is defined as that part of the Town not included in any other district. (See Map 3, May 8, 1973; Map 10, May 7, 1984; and Map 20, added May 7, 1984. See also vote of December 4, 1972, noted above under RA District, Map 3.)
(3) 
Also the Town voted May 7, 1984, to rezone from IB to RB on the northerly side of Jewett Street easterly 640 feet on Lot 95 of Map 17 of the Assessor's Sheets for the depth of the lot; and also on the southerly side of Jewett Street easterly on Lot 110 to the center line of Wheeler Brook for the depth of the lot, provided that in neither case shall there be any setback requirement from the adjoining district, thus permitting access to and use of the adjoining IB District; and by adding Map 20.
[Added 5-7-1984 ATM, Art. 32 (Amdt. No. 63)]
(4) 
On May 1, 1989, under Article 32, voted to zone from RC to RB land south of 231 East Main Street bounded on the east by a wood lane to the State Forest; on the southwest by the State Forest; on the west and north by Lots 41, 40 and 39 of Assessor's Sheets, Map 10, being Lot 38 containing 16 acres. (Map 26, Appendix Page 7)
[Amended 5-1-1989 ATM, Art. 32 (Amdt. No. 80)]
(5) 
On May 1, 1987, under Article 18, voted to rezone from IB to RB the southerly side of Jewett Street from the center line of Wheeler Brook easterly to Interstate Route 95, being Lots 108 and 109 of Map 17, A.S.; and Lot 10 of Map 16 and by adding Map 24, April 1, 1987.
[Amended 5-4-1987 ATM, Art. 18 (Amdt. No. 68)]
(6) 
Rezone the following parcels or portions of parcels from Industrial B to Residential B:
[Added 10-19-1998 STM, Art. 14 (Amdt. No. 130)]
(a) 
Assessors Map 19 Lots 2, 3, 5, 65, 65A, 63A;
(b) 
Assessors Map 16 Lots 46A,46B, 46C,46D, 96, 97, 98, 99;
(c) 
Provided that no one-hundred foot industrial buffer zone (as defined by Note 6 in the Intensity of Use Schedule of this Code) shall be required for parcels on Assessors Map 17, Lot 101B and Map 17, Lot 100 and Lot 100A between residential and industrial zones.
(d) 
Add Map No. 31.
(7) 
Rezone from Industrial B to Residential B a portion of a parcel shown on Map 15 and designated by the Assessors as Lot 48 on Map 16, 350 feet deep parallel to the edge of the right-of-way of Long Hill Road, provided that for new residential development on those lots the one-hundred-foot industrial buffer zone requirements (as defined by Note 6 in the Intensity of Use Schedule of this Code) between the residential and industrial zones shall be provided on the residential land and further, add Map 36 with note: one-hundred foot industrial buffer zone requirement between the residential and industrial zones shall be provided on the residential land.
[Added 6-14-1999 ATM, Art. 31 (Amdt. No. 135)]
[6]
Editor's Note:
A. The Town voted 10-22-1991 STM, Art. 5 (Amdt. No. 86) to rezone from IB to RB the northerly side of Searle Street from the RB District easterly to the northerly side of Searte Street from the RB District easterly to the northeasterly side of Lot 19 of Map 16 of the Assessors' Sheets and also voted that there shall be a 100-foot buffer strip as defined in ~ 165-7 on said Lot 19 for the depth of the lot where it adjoins Lot 20, and further moved to adopt Map 28 showing this change.
B. The Town voted 6-26-1995 ATM, Art. 13 (Amdt. No. 96) to rezone the following from LB to RB: that portion of Lot 46 on Map 16 of the Assessors' Sheet currently zoned IB with the exception of a 100-foot strip abutting Lot 42 on same Map 16, which will remain LB.
C. The Town voted 10-19-1998 STM, Art. 15 (Amdt. No. 131) to rezone a portion of Assessors Map 20, Lot 68C, from RB to LB and to add Map No. 32.
[1]
Editor's Note: References in this section to various maps refer to the maps which are on file in the office of the Planning Board.

§ 165-4 Compliance required.

[Added 3-19-1973 ATM, Art. 37 (Amdt. No. 41)]
No building shall hereafter be erected or altered to accommodate or house a greater number of families; to occupy a greater percentage of lot area; or to have narrower or smaller rear yards, front yards, side yards, inner or outer courts than is specified herein for the district in which such building is located.

§ 165-5 Meanings of terms.

[Amended 4-6-1970 ATM, Art. 8 (Amdt. No. 28)]
Terms used in this chapter shall have the meaning given them in § 165-7.

§ 165-6 Validity.

The invalidity of any section of this chapter shall not invalidate any other section or provision hereof.

§ 165-7 Definitions and word usage.

[Added 4-6-1970 ATM, Art. 8 (Amdt. No. 29)]
A. 
Word usage. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the "person" includes a corporation as well as an individual.
B. 
In this chapter the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings:
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located in the same lot with such principal use or building. In buildings restricted to residential use, the office of a professional man, customary family occupations and workshops not conducted for compensation, shall be deemed "accessory uses."
ADULT BOOKSTORE
An enclosed building as described in MGL c. 40A, § 9A, as amended by Section 1 of Chapter 603 of the Acts of 1982.
[Added 5-2-1983 ATM, Art. 23 (Amdt. No. 60)]
ADULT MOTION PICTURE THEATER
An enclosed building as described in MGL c.40A, § 9A.
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AMUSEMENT, INDOOR
Movie theater, bowling alley or other commercial recreation wholly carried on indoors.
AMUSEMENT, OUTDOOR
Drive-in theater, golf driving range or other commercial recreation carried on in whole or in part outdoors.
APARTMENT HOUSE
A building arranged, intended or designed to be occupied by four or more families, living independently of each other.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
AREA, NET SITE
The total area within the property lines excluding external streets.
ASSISTED LIVING/CONGREGATE CARE FACILITY
A residential development containing multifamily dwellings designed for and principally occupied by senior citizens. Such facilities may include independent living, congregate care, or institutional care services such as medical or nursing facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
AUTO COURT
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "auto court" includes buildings designated as tourist courts, motor lodges, motels and by similar appellation.
AUTO SALES AND SERVICE
Premises for first and second class license for auto sales and service.
BASEMENT
A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A "basement" shall be counted as a story for the purpose of floor area measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.
BED AND BREAKFAST
A single-family residence with one or more rooms for the use of one or more individuals not living as a single household unit and not having individual cooking facilities. A bed and breakfast use may offer meals to its overnight guests. The bed and breakfast facility shall be accessory to the principle use as a permanent owner-occupied residence. The maximum duration of any tenant shall not exceed 15 consecutive days. The number of rooms for rent shall be determined by the Zoning Board of Appeals based on off-street parking availability, vehicular access and egress, and shall not exceed 35% of the gross living space in the principle structure.
[Added 6-16-1997 ATM, Art. 52 (Amdt. No. 109); amended 5-4-2009 ATM, Art. 24 (Amdt. No. 168)]
BIG BOX RETAIL ESTABLISHMENT
Except for grocery establishments up to 75,000 SF that devote at least 75% of sales floor area to the sale of food items, a big box retail establishment is a singular retail establishment that involves construction or use of a singular retail sales establishment that is greater than 50,000 gross square feet in floor area.
[Added 5-4-2009 ATM, Art. 26 (Amdt. No. 170)]
BOARDINGHOUSE
Any dwelling in which more than two persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or a furnished rooming house shall be deemed a "boardinghouse" if none but single rooms, with or without bath and cooking facilities, are offered to let.
BOATHOUSE, PRIVATE
A facility for the storage of boats for private use and not for hire.
BUFFER ZONE
A strip established to separate and protect one type of zoning from another which shall remain free of all structures, parking, pavement or any other use excepting landscaping. The landscaped area shall be designed to screen from view the uses in one zoning district from another using natural materials.
[Added 5-6-1985 ATM, Art. 22 (Amdt. No. 65); amended 6-16-1997 ATM, Art. 59 (Amdt. No. 115)]
BUILDING
A structure forming a shelter for persons, animals, property or activity and having a roof. Where appropriate in the context the word "building" shall include the principal accessory uses to which the building is put.
[Amended 5-2-1988 ATM, Art. 25 (Amdt. No. 73); 5-1-2006 ATM, Art. 35 (Amdt. No. 158); 5-6-2019 ATM, Art. 17 (Amdt. 190)]
BUILDING, ACCESSORY
A supplemental building or a portion of the main building, the use of which is incidental to that of a main or principal building and located on the same lot therewith.
BUILDING, DETACHED
A building surrounded by open space on the same lot as the building.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.
BUILDING HEIGHT
The vertical distance from either: 1) the average undisturbed existing natural grade at the foundation of the building to the top of the roof ridge, or 2) the average finished grade at the foundation of the building to the top of the roof ridge, whichever is less. The average undisturbed existing natural grade or finished grade shall be established by averaging the grade six feet from the four main building corners and their midpoints. The limitation of building height in feet, as provided in § 165-3, Attachment 3 - Intensity of Use Schedule,[1] shall not apply to chimneys, ventilators, skylights, bulkheads and other necessary features usually carried above roofs and specific to the building.
[Added 5-1-2006 ATM, Art. 35 (Amdt. No. 158); amended 5-2-2011 ATM, Art. 37 (Amdt. No. 174); 5-6-2019 ATM, Art. 17 (Amdt. 190)]
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BULK STORAGE
(1) 
Exposed storage tanks for oil, gas, etc.; outside storage of sand, lumber or other bulk materials.
(2) 
For the purpose of this Code, the bulk storage of raw materials or finished goods must be directly related and accessory to the operations of the primary business located on the lot. The use of a lot for the primary purpose of bulk storage is prohibited in all districts.
[Added 6-16-1997 ATM, Art. 45 (Amdt. No. 103)]
(3) 
Further, for the purpose of this Bylaw, bulk storage of materials shall only be permitted on lots zoned Industrial A, Industrial B, and Commercial C, and must be directly related to the operations of the primary business located on said lots. In all instances, bulk storage shall be a customary accessory use, and in no instance be permitted as the primary use of the lot. In no instance shall bulk storage exceed 1/3 of the permitted maximum lot coverage.
[Added 10-27-1997 STM, Art. 7 (Amdt. No. 118)]
(4) 
This does not exempt an owner from any set back, open space or lot coverage requirements. Any area designated as bulk storage must be calculated as part of maximum lot coverage. (Example): For the districts, the maximum lot coverage is 60%. If a primary building uses 1/2 of the sixty-percent coverage maximum (thirty-percent building coverage), and the parking and access ways use an additional 1/4 of the sixty-percent coverage maximum, then the remaining area allowed for accessory bulk storage can be no larger than 1/4 of the sixty-percent coverage maximum or 15% of the total lot area. In the example above, the maximum bulk storage area is 1/3 of the primary use lot coverage and thus is permitted. A 2:1 primary use to accessory bulk storage ratio is the highest configuration that can be attained on any industrial lot.
[Added 10-27-1997 STM, Art. 7 (Amdt. No. 118)]
BUSINESS OFFICES
A facility for the transaction of business exclusive of the receipt, sale or processing of merchandise.
CAMP
Any one or more of the following, other than a hospital, place of detention or school offering general instruction:
(1) 
Any area of land or water on which are located two or more cabins, tents, shelters or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise; or
(2) 
Any land, including buildings thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and any of the foregoing establishments whether or not conducted for profit and whether or not occupied by adults or by children either as individuals, families or groups.
CAMPING GROUND
A parcel of land used or intended to be used, let or rented for occupancy by campers or for occupancy by or of tents or movable or temporary dwellings, rooms or sleeping quarters of any kind.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible livable floor area.
CLUB
An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that there are no vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
CONDOMINIUM, RESIDENTIAL
A single-family real estate unit in a multifamily unit development in which a person has both separate ownership of a unit and a common interest along with the development's other owners, in the common areas.
[Added 10-23-2000 STM, Art. 13 (Amdt. No. 144)]
CONTINUOUS BUILDING AREA
That portion of a lot comprised exclusively of connected upland and consisting of such upland square footage/acreage equal to or greater than the minimum lot size requirement for the zoning district in which the lot is situated; said upland shall exclude any freshwater wetland as delineated per Chapter 161, Wetlands Protection, and any pond or stream.
[Added 6-11-1990 ATM, Art. 37 (Amdt. No. 82); amended 5-7-2018 ATM, Art. 25 (Amdt. No. 187)]
COOPERATIVE, RESIDENTIAL
A single-family real estate unit in a multifamily unit development in which a person has both separate ownership of a unit and a common interest along with the development's other owners, in common areas.
[Added 10-23-2000 STM, Art. 13 (Amdt. No. 144)]
COVERAGE
That percentage of the plot or lot area covered by the building area and paved area.
[Amended 5-1-1989 ATM, Art. 19 (Amdt. No. 76)]
DOG KENNEL
A structure used for the harboring of more than three dogs that are more than six months old.
DUMP
A lot of land or part thereof used for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLING
A building designed or used exclusively as the living quarters for one or more families.
DWELLING, MULTIPLE-FAMILY
A building used or designed as a residence for two or three families living independently of each other and doing their own cooking therein, but which may have joint services and facilities or both.
DWELLING, SINGLE-FAMILY
A detached building containing one dwelling unit only and having two side yards.
[Added 10-23-2000 STM, Art. 13 (Amdt. No. 144)]
DWELLING UNIT, RESIDENTIAL
Living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, whether in a complete, individual unit or a unit sharing common facilities. This definition includes units in an apartment house, multiple-family dwelling, single-family dwelling, residential condominium, and residential cooperative.
[Added 10-23-2000 STM, Art. 13 (Amdt. No. 144)]
EDUCATIONAL
An educational purpose on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies political or by a religious sect or denomination or by a nonprofit educational corporation, all as provided by MGL c. 40, § 3.
[Added 5-4-1974 ATM, Art. 27 (Amdt. No. 46D)]
ERECT
To build, construct, reconstruct, move upon or conduct any physical development of the premises required for a building. To excavate, fill, drain and the like preparation for building shall also be considered to "erect."
FAMILY
One or more persons occupying a dwelling unit and living, sleeping, cooking and eating on the same premises as a single housekeeping unit.
FARM
Any parcel of land containing at least five acres which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, hogs, riding academies, livery or boarding stables and dog kennels. Land divided by a public or private way or a waterway shall be construed as one parcel.
[Amended 5-2-1977 ATM, Art. 13 (Amdt. No. 50)]
FILLING STATION
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying or otherwise cleaning or servicing such motor vehicles. Such use shall not include bodywork or the painting of vehicles for other than minor repair work.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar floor area but including the area of basements, roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FLOOR AREA, LIVABLE
The sum of the gross horizontal area of the floors of a dwelling used or intended to be used for living, sleeping, cooking or eating purposes, excluding cellar and basement areas having window areas equal to less than 10% of the floor area, bathrooms, toilets, laundries, pantries, foyers, communicating corridors, stairways, closets, storage spaces, garages, breezeways, carports, porches and any area with less than five feet clear headroom under sloping ceiling.
FLOOR AREA RATIO
The ratio of the total gross floor area of a building or buildings on one lot to the total area of the lot.
GARAGE, PRIVATE
A garage used for storage purposes only and having a capacity of not more than three automobiles. Space thereon may be used for not more than one commercial vehicle not to exceed two-ton capacity, and space may be rented for not more than one vehicle of other than the occupants of the building to which such garage is accessory.
GARAGE, PUBLIC
Any garage not a private garage, which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles and/or the sale of new and used cars.
GRANGE
A place containing less than five acres which is used for the primary purpose of agriculture, horticulture or floriculture. It excludes the raising of fur-bearing animals, hogs, riding academies, livery or boarding stables and dog kennels.
[Added 5-2-1977 ATM, Art. 13 (Amdt. No. 50)]
HOME OCCUPATION
(1) 
An occupation or a profession which:
(a) 
Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit.
(b) 
Is carried on by a member of the family residing in the dwelling unit.
(c) 
Is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
(d) 
Conforms to the following additional conditions:
[1] 
The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
[2] 
Not more than one person outside the family shall be employed in the home occupation.
[3] 
There shall be no exterior display, no exterior sign except as permitted under Article X, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
[4] 
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
(2) 
In particular, a "home occupation" includes but is not limited to the following: art studio; dressmaker; or professional office of a physician, dentist, lawyer, engineer, architect or accountant within a dwelling occupied by the same.
(3) 
However, a "home occupation" shall not be interpreted to include the following:
(a) 
Tourist home.
(b) 
Barbershops and beauty parlors.
(c) 
Commercial stables and kennels.
(d) 
Real estate offices.
(e) 
Restaurants and tea rooms.
(f) 
Dancing instruction.
(g) 
Band instrument instruction.
(h) 
Convalescent homes.
(i) 
Mortuary establishments.
(j) 
Stores, trades or business not herein excepted.
HOTELS, MOTELS AND INNS
A building intended and designed for transient or overnight occupancy divided into separate units within the same building. A hotel, motel or inn may have public dining room or function facilities.
[Added 6-16-1997 ATM, Art. 52 (Amdt. No. 109)]
HOUSE TRAILER
Any portable or mobile vehicle used or designed to be used for living purposes and standing on wheels or on rigid supports.[2]
INDOOR ICE-SKATING ARENA
A structure designed to provide a facility for totally enclosed ice skating and the associated activities and services.
[Added 3-19-1973 ATM, Art. 29 (Amdt. No. 6)]
JUNK
Any article or material or collection thereof which is worn out, cast off or discarded and which is ready for destruction or has been collected or stored for salvage or conversion. Any article or material which unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered "junk."
JUNKYARD
The use of any area of any lot, whether inside or outside a building, for the storage, keeping or abandonment of junk or scrap or discarded materials, or the dismantling, demolition or abandonment of automobile(s) or other vehicle(s) or machinery or parts thereof.
LIGHT INDUSTRY
Fabrication, assembly, processing, finishing work or packaging in such a manner that noise, dust, odor, vibration and similar objectionable features are confined to the premises.
LINE, STREET
The dividing line between the street right-of-way and the lot.
LODGE BUILDING
Structure occupied by a nonprofit social or civic organization.
LOT
A parcel of land occupied or to be occupied by one main building or use and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land.
LOT, CORNER
A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.
LOT, DEPTH OF
The main distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
LOT FRONTAGE
That portion of a lot fronting on a street or way, said frontage to be measured continuously along one street line between its side lot lines and their intersection with the street line; no less than 75% of the required frontage width is to be maintained to a perpendicular depth equal to the minimum front yard requirements for that district, and no less than 25% of the required frontage width is to be maintained to a perpendicular depth equal to the minimum lot depth requirement for that district. On a curve, the perpendicular depth shall be measured from a straight line drawn between the side bounds tangent to the most center point of the curve. Such street shall be either a way shown on the Official Map, or a way shown on an approved subdivision plan. The grade of a driveway shall be no greater than 12% starting at the edge of the right-of-way and extending back for the first 25 feet of the lot.
[Amended 5-4-1974 ATM, Art. 27 (Amdt. No. 46B); 5-6-1985 ATM, Art. 21 (Amdt. No. 64); 5-4-1992 ATM, Art. 17 (Amdt. No. 87); 5-2-1994 ATM, Art. 28 (Amdt. No. 91); 6-16-1997 ATM, Art. 61 (Amdt. No. 117]
(1) 
There shall be frontage adequate to serve each lot identified on a subdivision plan or any unbuilt-upon lot which has frontage on an existing approved public way which is brought before the Planning Board for its approval or endorsement. "Frontage adequate to serve each lot" is defined as that frontage distance required by §§ 165-81 and 165-7 of this chapter, as amended, and, that no less than 30 feet of frontage of each such lot shall, in the opinion of the Planning Board, provide safe convenient access and egress to serve the future residents of the property, and, in the opinion of the Fire and Police Chiefs, provide access suitable for emergency vehicles such as the ladder truck, police vehicles and those of other agencies charged with responsibility for protecting the public peace, safety and welfare.
(2) 
The Planning Board shall consider the existing condition of each lot's frontage, such as soils, water table, floodplain, slope, elevation and any other naturally occurring or constructed barriers and the opinions of the Police and Fire Chiefs in making its determination of "frontage adequate to serve each lot."
(3) 
If, in the opinion of the Planning Board, the lot does not possess frontage adequate to serve each lot, the Planning Board shall render its reasons in writing to the developer. The developer or assigned agent may then propose, using engineered drawings and designs for explanation, as to how the lot's frontage physical characteristics may be modified so as to meet the intended purpose of this section. The developer is required to show on the engineered drawings, the location (footprint) of the proposed buildings and proposed changes in the frontage. Upon gaining the positive opinion of its members that frontage adequate to serve each lot can be obtained as shown on the engineered drawings, the Planning Board may approve or endorse the plan brought before the Board.
(4) 
The Planning Board may waive construction of the frontage adequate to serve each lot, subject to the granting of a special permit by the Planning Board for construction of a common drive.
(5) 
Drive, common. Subject to the granting of a special permit by the Planning Board, a common drive may be constructed and shared by not more than three lots, so long as the common drive is located entirely within the lots being served. Every such common drive must be shown on an engineered plan and must be regulated by a recorded maintenance agreement which is satisfactory to the Planning Board and Town Counsel and which runs in perpetuity with the land. The Planning Board shall impose such conditions, to be made part of the special permit, as are necessary to provide access adequate to serve each lot, including conditions that assign responsibility for maintenance and snow removal.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINES
The lines bounding a lot as defined herein.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately parallel streets.[3]
MAJOR OUTDOOR ACTIVE RECREATIONAL FACILITY
A major outdoor active recreational facility, owned and operated by a public or private interest or agency, shall be defined as being five or more contiguous acres of active recreational uses, and such facility may contain more than one active recreational field. The principle use of such facilities shall include, but not be limited to: active recreational fields used for organized sports, courts, playgrounds, rinks, boat launches and all associated concessions, bathroom and off-street parking facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
MEDICAL OFFICE
Suite of rooms, including a laboratory, where a physician or group of medical practitioners receive and treat patients on an on-going basis and otherwise provide health services to consumers.
[Added 5-4-2015 ATM, Art. 25 (Amdt. No. 182)]
MINOR OUTDOOR PRIVATE ACTIVE RECREATIONAL FACILITY
A minor outdoor active recreational facility, owned and operated by private interest or agency, shall be defined as being less than five contiguous acres of active recreational uses, and such facility shall contain not more than one active recreational field. The principle use of such facilities shall include, but not be limited to: an active recreational field used for organized sports, courts, playgrounds, boat launches and all associated concessions, bathroom and off-street parking facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
MINOR OUTDOOR PUBLIC ACTIVE RECREATIONAL FACILITY
A minor outdoor active recreational facility, owned and operated by a public or nonprofit interest or agency, shall be defined as being less than five contiguous acres of active recreational uses, and such facility shall contain not more than one active recreational field. The principle use of such facilities shall include, but not be limited to: an active recreational field used for organized sports, courts, playgrounds, boat launches and all associated concessions, bathroom and off-street parking facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
MIXED-USE
A single building containing more than one type of land use where the ground-floor or street-level use of the building is a commercial use and a residential use is only located above the ground-floor or street-level of the building.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
MOTOR VEHICLE REPAIR SHOP
A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles. For the purposes of this Code, a motor vehicle repair shop shall include primary uses intended for the repair of small motor engines, e.g., lawn mowers and boat motors, and the repair and maintenance of all other types of engines or power equipment.
[Amended 6-16-1997 ATM, Art. 43 (Amdt. No. 101)]
MUNICIPAL BUILDING
This shall include a public safety building for police and fire, in which case it may have less than 160 feet frontage and less than 50 feet buffer zone when abutting a residential district; and in which case the Board of Selectmen may by special permit waiver any other provisions of this chapter.
[Added 11-4-1985 STM, Art. 7 (Amdt. No. 67)]
NONCONFORMING USE
A building or land lawfully occupied at the time of the adoption or subsequent amendment of this chapter by a use that does not conform to the regulations of the district in which it is situated.
NURSERY SCHOOL
A school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis.
NURSING HOME, CONVALESCENT HOME, REST HOME
An institution, or distinct part of an institution, which is licensed or approved by the Massachusetts Department of Public Health to provide twenty-four-hour health care under medical supervision to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.
[Amended 10-27-1997 STM, Art. 10 (Amdt. No. 120)]
OCCUPANCY PERMIT
A permit issued by the Building Inspector authorizing the occupancy and the use of land and/or structures and buildings.
OPEN SPACE
An unoccupied space open to the sky on the same lot with a building, free of all structures, parking, pavement or other uses that preclude landscaping.
OPEN SPACE RESIDENTIAL DEVELOPMENT
Method of planning residential development that conserves open space in a manner that maximizes the protection of natural resources (wetlands, forests, agriculture lands, open space) while providing for new construction and adequately compensating landowners.
[Added 5-4-2015 ATM, Art. 25 (Amdt. No. 182)]
OUTDOOR PASSIVE RECREATIONAL FACILITY
An outdoor passive recreational facility shall be for the general use of the public and include, but not be limited to: public recreational trails, bikeways, beaches, passive boating and picnic areas and all associated off-street parking facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
PARKING, PRIVATE
Space for parking accessory to principal use, not to include parking for fee or parking of more than one commercial vehicle except on farms.
PARKING SPACE
The area required for parking one automobile which in this chapter is held to be an area nine feet wide and 20 feet long, not including passageways. The area provided for parking, including passageways, in industrial and commercial districts and apartments shall be paved as provided in subdivision regulations.[4] This may be waived or modified by the Building Inspector upon recommendation of site plan review.
[Amended 5-2-1988 ATM, Art. 24 (Amdt. No. 72)]
PARKING SPACE - COMPACT
All off-street parking areas with 20 or more parking spaces may have up to 25% of the spaces designed for compact cars, said spaces shall be eight feet wide by 16 feet in length.
[Added 6-16-1997 ATM, Art. 49 (Amdt. No. 106)]
PIPE ORGAN MAKING
The craft of fabricating, assembling, processing, finishing, packaging or rebuilding pipe organs in such a manner that dust, odor and vibrations are confined to the premises. It shall not include the exterior storage of materials used in the craft. It shall include the manufacture of harpsichords.[5]
[Added 4-16-1970 ATM, Art. 9 (Amdt. No. 31)]
PORCH, OPEN
A porch that has no walls or windows other than that of the main building to which it is attached.
PRIVATE EDUCATIONAL
Any other educational purpose which is not defined in the definition of "educational" in this § 165-7.
[Added 5-4-1974 ATM, Art. 27 (Amdt. No. 46D)]
PUBLIC UTILITY
A public service corporation; except that no special permit is required to lay telephone cables, gas mains or electric lines providing service to retail or wholesale customers.
[Added 5-2-1977, Art. 13 (Amdt. No. 50)]
QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING
A lot of land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale or for sale or for use at a site removed from said lot, exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.
RESEARCH AND DEVELOPMENT FACILITY
A laboratory which engages in research, experimental testing activities, including, but not limited to, the fields of biology, chemistry, electronics, engineering, geology, medicine and physics. Production is allowed as an accessory use, but the primary use of the facility is for research and research related offices and laboratories.
[Added 6-16-1997 ATM, Art. 60 (Amdt. No. 116)]
RESTAURANT
A structure for indoor sale and consumption of meals. Does not include drive-ins.
RESTAURANT, WITH A DRIVE-THROUGH FACILITY
A restaurant, as defined by this Code, that also has a drive-through facility for the dispensing of food to customers ordering and receiving food while remaining in their automobiles.
[Added 6-26-1995 ATM, Art. 10 (Amdt. No. 95); amended 6-16-1997 ATM, Art. 44 (Amdt. No. 102)]
RIDING ACADEMY
Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association or similar establishment.
ROADSIDE STAND
A structure of a semipermanent type or of a temporary nature located in an agricultural district or one in which agricultural uses are allowed, from which products, the major portion of which are produced on the premises, are offered for sale to the public.
SIGN
Any structure or part thereof attached thereto or painted or represented thereon which shall display or include any letter work, model, banner, flag, pennant, insignia, device or representation used to indicate the person occupying the premises on which the sign is erected or maintained, or the businesses transacted thereon, or advertise the sale or rent of the property. The word "sign" does not include the flag, pennant or insignia of any nation, state or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
[Amended 6-16-1997 ATM, Art. 46 (Amdt. No. 104)]
SIGN, AREA OF
The area of a freestanding sign shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed. The supporting framework, open or enclosed, may be part of the design, but for purposes of this chapter shall not be considered part of the "sign area" unless used for lettering, wording or symbols. When the sign consists of individual letters or symbols attached to or painted on a surface, building wall or window, the area shall be considered to be that of the smallest rectangular or other regular shape which encompasses all of the letters and symbols.
STABLE, PRIVATE
An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLIC
A building in which any horses are kept for remuneration, hire or sale.
STORAGE FACILITIES, RENTAL
A permanent structure or structures built or used for purposes of rental or lease of space to the general public for the inside storage of household or commercial goods. The rental storage facilities shall not be used to store flammable, hazardous, toxic, or explosive material.
[Added 6-14-1999 ATM, Art. 29 (Amdt. No. 134)]
STORAGE CONTAINERS/TRAILERS
Vehicular trailers, trucks, shipping containers, modular containers or other similar facilities, whether registered or not registered, with or without wheels, and statically parked or standing for 30 days or more and intended for storage of materials. Excluded from this definition are motor homes, camping trailers, small utility trailers, and similar personal type vehicles designed to be registered for highway use, and small garden and utility sheds not requiring a building permit and construction trailers and containers used for temporary storage of equipment and materials during the construction phases of building facilities and structures.
[Added 6-12-2000 ATM, Art. 25 (Amdt. No. 142)]
STREET
A public or private way which affords the principal means of access to abutting properties.
STREET GRADE
The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the "street grade."
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something located on the ground except a boundary wall or fence.
TEMPORARY STRUCTURE
One to be used less than one year.
TOURIST HOME
A dwelling of residential character in which overnight accommodations are provided or offered for transient guests for compensation.
TOXIC OR HAZARDOUS MATERIALS[Amended 11-4-1985 STM, Art. 24 (Amdt. No. 66)]
Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant actual or potential hazard to water supplies or other hazard to human health if such substance or mixture are discharged to land or waters of this Town. "Toxic or hazardous materials" include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and include products such as pesticides, herbicides, solvents and thinners. Wastes generated by the following activities, without limitation, are presumed to be toxic or hazardous, unless and except to the extent that anyone engaging in such an activity can demonstrate the contrary to the satisfaction of the Board of Health:
(1) 
Airplane, boat and motor vehicle service and repair.
(2) 
Chemical and bacteriological laboratory operation.
(3) 
Cabinetmaking.
(4) 
Dry cleaning.
(5) 
Electronic circuit assembly.
(6) 
Metal plating, finishing and polishing.
(7) 
Motor and machinery service and assembly.
(8) 
Painting, wood preserving and furniture stripping.
(9) 
Pesticide and herbicide application.
(10) 
Photographic processing.
TRANSFER STATION
Shall have the meaning as defined in 310 CMR 19.006.
[Added 6-21-2021 ATM by Art. 12]
TRANSFER STATION, LARGE
A transfer station used for handling, storage, transfer, or processing of solid waste in volumes greater than 50 tons per day.
[Added 6-21-2021 ATM by Art. 12]
TRANSFER STATION, SMALL
A transfer station used for handling, storage, transfer, or processing of solid waste in volumes no greater than 50 tons per day.
[Added 6-21-2021 ATM by Art. 12]
TRANSPORT TERMINAL
Yards or structures for the storage and/or servicing of two or more commercial vehicles.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
WAREHOUSE AND OPEN STORAGE
Storage of bulk goods either indoors or out for distribution but not for sale.
WHOLESALING
Sale of goods except at retail without outdoor storage.
YARD
An unoccupied space open to the sky on the same lot with a building.
YARD, FRONT
An open unoccupied space on the same lot with the building between the front line of the building and the front line of the lot and extending to the side lines of the lot. This may include a drive or drives allowing for necessary and reasonable access and egress.
YARD, REAR
An open unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot.
YARD, SIDE
An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
[1]
Editor's Note: The Intensity of Use Schedule is included as an attachment to this chapter.
[2]
Editor's Note: The definition of "housing for the elderly," added 5-13-1975 ATM, Art 23 (Amdt. No. 48), which immediately followed, was repealed 6-15-1998 ATM, Art. 27 (Amdt. No. 126).
[3]
Editor's Note: The former definition of "lot width," added 5-4-1992 ATM, Art. 17 (Amdt. No. 87), which immediately followed this definition, was repealed 6-16-1997 ATM, Art. 61 (Amdt. No. 117).
[4]
Editor's Note: See Chapter 365, Subdivision Regulations.
[5]
Editor’s Note: The definition of “planned unit development” which immediately followed, was repealed 5-4-2015 ATM by Art. 25 (Amdt. No. 182).