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Norwell City Zoning Code

PART 2

District Regulations

§ 201-6.1 Division of Town into districts; Zoning Map.

[Amended 12-8-1997 STM, Art. 3; 5-25-1999 ATM, Art. 14; 12-17-2001 STM, Arts. 1 and 2; 5-12-2008 ATM; 5-6-2019 ATM, Art. 30; 7-25-2020 ATM, Art. 9; 7-25-2020 ATM by Art. 9; 5-6-2024 ATM by Art. 38; 5-6-2024 ATM by Art. 42; 12-12-2024 STM by Art. 1]
A. 
The Town is hereby divided into the following districts:
(1) 
Residential Districts A and B.
(2) 
Business Districts A, B and C.
(3) 
Saltmarsh Conservation District (Overlay District).
(4) 
Floodplain, Watershed and Wetlands Protection District (Overlay District).
(5) 
Aquifer Protection District (Overlay District).
(6) 
Wireless Facility (Overlay District).
(7) 
Village Overlay District.[1]
[1]
Editor's Note: Now the Village Residential Overlay District; see Art. 24.
(8) 
Adult Entertainment Overlay District.
(9) 
Open Space Residential Design (OSRD).
(10) 
Solar Photovoltaic Overlay District.
(11) 
(Reserved)
(12) 
Accord Pond Park Economic Development District.
(13) 
Senior Housing Overlay District.
(14) 
MBTA Adjacent Community Zoning Overlay District (MBTA District).
(a) 
MBTA District, which shall consist of the following assessing parcels:
Map
Parcel
5D
16-001
5D
16-002
5D
16-003
5D
16-004
5D
16-005
5D
16-006
5D
16-009
11A
17-002
11C
17-003
11C
17-004
11C
17-005
5D
17-006
541
17-007
5D
17-008
5D
17-009
5D
17-010
5D
17-015
11D
17-025
11A
17-026
11A
17-027
11C
17-035
625
17-036
646
17-060
11B
17-061
11A
17-062
11
17-063
11C
17-065
11A
17-066
11
17-068
11B
17-069
11B
17-070
11B
17-071
11B
17-072
11B
17-073-74
11A
17-078
676
17-080
11C
17-082
11A/B
17-083
5D
17-084
11D
17-085
11D
17-087
B. 
All zoning districts are shown on "Zoning Map, Town of Norwell," September 1959, revised June 21, 1972, March 20, 1980, March 9, 1981, December 30, 1985, and further revised on December 8, 1997, May 25, 1999, and December 17, 2001, and July 2007, and May 2020, and May 2024, which is filed in the Town Clerk's office and is made a part hereof, and are described in § 201-6.2 of this Zoning Bylaw.

§ 201-6.2 Description of districts.

A. 
Residential District A. Residential District A shall include all the land, except Business District A, east of a line starting at the Norwell-Hanover Town line marker on Main Street at Jacobs Lake and running northerly to a point on Grove Street 1,000 feet west of the westerly way line of Prospect Street, thence running northerly to a point on the Norwell-Hingham Town line 1,000 feet west of the westerly way line of Prospect Street, and east of extension thereof northerly and southerly.
B. 
Residential District B. Residential District B shall include all the land, except Business District B and Business District C, west of a line starting at the Norwell-Hanover Town line marker on Main Street at Jacobs Lake and running northerly to a point on Grove Street, 1,000 feet west of the westerly way line of Prospect Street thence running northerly to a point on the Norwell-Hingham Town line, 1,000 feet west of the westerly way line of Prospect Street.
C. 
Business District A. Business District A shall include all land within the following boundaries: Beginning at the intersection of the easterly way line of River Street and the northwesterly way line of Dover Street, due east to a point 300 feet from the southeasterly way line of Dover Street; thence, parallel to the southeasterly way line of Dover Street and 300 feet therefrom to a point due south of the intersection of the northerly way line of Dover Street and the southerly way line of Main Street; thence, due north to a point 300 feet from the northerly way line of Main Street; thence, westerly parallel to the northerly way line of Main Street, and 300 feet therefrom, to Central Street; thence, southerly along the easterly way lines of Central and River Streets to a point of beginning.
D. 
Business District B. Business District B shall include all the land shown as B-1, B-2, B-3, B-4, B-5, B-6, B-7, and B-8, on map entitled "Zoning Map of Norwell," September 1959, revised June 21, 1972, and March 20, 1980, and described as follows:
(1) 
Business District B-1. Starting at the southwesterly way line of Washington Street at the Hanover-Norwell Town line, thence northwesterly by the southwesterly way line of Washington Street to the southeasterly lot line of the Washington Street Cemetery; thence, southwesterly in the southeasterly lot line of the Washington Street Cemetery; and thence, on the same course to the Hanover-Norwell Town line, thence easterly by the Hanover-Norwell Town line to the point of beginning.
(2) 
Business District B-2. Starting at a point in the southwesterly way line of Washington Street at the northwesterly corner of the Washington Street Cemetery; thence, southwesterly by the northwesterly property line of the Washington Street Cemetery to a point 200 feet from the southwesterly way line of Washington Street measured at a right angle therefrom; thence northwesterly by a line 200 feet southwesterly from the southwesterly way line of Washington Street and parallel thereto to a point 200 feet southwesterly from the southwesterly way line of Washington Street at *Station 69 plus 45 (approximate northerly property boundary of Frederick H. and Edith M. Hall shown on the 1959 Assessor's records) measured at a right angle therefrom; thence southwesterly 100 feet to a point 300 feet southwesterly from the southwesterly way line of Washington Street measured at a right angle therefrom; thence, northwesterly by a line 300 feet southwesterly from a southwesterly way line of Washington Street and parallel thereto to a point 300 feet southwesterly from the southwesterly way line of Washington Street at *Station 40 plus 55 (approximate northerly property bound by Elmer G. and Irene T. MacDonald as shown on 1959 Assessor's records) measured at a right angle therefrom; thence, northeasterly to the southwesterly way line of Washington Street at *Station 40 plus 55; thence, southeasterly by the southwesterly way line of Washington Street to the point of beginning.
(3) 
Business District B-3. Starting at the intersection of the northerly way line of Oak Street and the southwesterly way line of Washington Street; thence, westerly by the northerly way line of Oak Street to a point 300 feet westerly from the southwesterly way line of Washington Street measured at right angles therefrom; thence, northwesterly by a line 300 feet from the southwesterly way line of Washington Street and parallel thereto to the easterly way line of High Street; thence, by the easterly way line of High Street to the southwesterly way line of Washington Street; thence, by the southwesterly way line of Washington Street to the point of beginning.
(4) 
Business District B-4. Starting at the intersection of the southwesterly way line of Washington Street and the westerly way line of High Street; thence, southerly by the westerly way line of High Street to a point 500 feet from the southwesterly way line of Washington Street measured at a right angle therefrom; thence, northwesterly by a line 500 feet southwesterly from the southwesterly way line of Washington Street and parallel thereto to a point in the Norwell-Hingham Town line 500 feet southwesterly from the southwesterly way line of Washington Street measured at a right angle therefrom; thence, northeasterly by the Norwell-Hingham Town line, to the southwesterly way line of Washington Street; thence, southeasterly by the southwesterly way line of Washington Street to the point of beginning; also to include the entirety of Lot 15, Block 17 on the easterly side of Pond Street, as shown on Sheets 5D and 11B of the Atlas of the Town of Norwell.
(5) 
Business District B-5. Starting at a point in the northeasterly side line of Washington Street, at the intersection of the Hingham-Norwell Town line thence in a northeasterly direction, by the Hingham-Norwell Town line, to a point, which is 1,000 feet measured at right angles therefrom from the side line of said Washington Street, thence in a southeasterly direction and parallel to the northeasterly side line of said Washington Street to a point (and land shown on the Atlas of the Town of Norwell but including Lot 43 shown on the Town of Norwell Assessor's Map, Sheet 5D, Block 12) shown as Lot 25, Block 12, Sheet 5D, thence in a southerly direction 950.80 feet, by Lots 25, 39, 40, 41, 42 and 43, shown on Block 12, Sheet 5D northerly side line of Grove Street, thence a southwesterly direction by said Grove Street to its intersection with the northeasterly side line of said Washington Street, thence in a northwesterly direction, by the northeasterly side line of said Washington Street to the point of beginning.
(6) 
Business District B-6. Starting at the intersection of the northeasterly way line of Washington Street and the southeasterly way line of Grove Street; thence, northeasterly by the southeasterly way line of Grove Street to a point 500 feet from the northeasterly way line of Washington Street measured at right angles therefrom; thence, southeasterly by a line 500 feet from the northeasterly way line of Washington Street and parallel thereto to a point 500 feet northeasterly from the northeasterly way line of Washington Street at *Station 74 plus 90 (approximate southerly property boundary of Helene L. Hall as shown on 1959 Assessor's records) measured at a right angle therefrom; thence, southwesterly to the northeasterly way line of Washington Street at *Station 74 plus 90; thence northwesterly by the northeasterly way line of Washington Street to the point of beginning.
(7) 
Business District B-7. Starting at a point in the northeasterly way line of Washington Street at *Station 86 plus 18 (approximate northerly property line of Pilgrim Motel & Realty Co., Inc., as shown on 1959 Assessor's records); thence, northeasterly to a point 400 feet northeasterly from the northeasterly way line of Washington Street measured at right angles therefrom; thence, southeasterly by a line 400 feet from the northeasterly way line of Washington Street and parallel thereto to a point 400 feet northeasterly from the northeasterly way line of Washington Street at *Station 99 plus 08 (approximate southerly property line of Edward F. and Helen M. Farmer as shown on 1959 Assessor's records) measured at a right angle therefrom; thence, to the northeasterly way line of Washington Street at *Station 99 plus 08; thence, by the northeasterly way line of Washington Street to the point of beginning.
(8) 
Business District B-8. Starting at a point in the northeasterly way line of Washington Street at *Station 107 plus 25 (approximate southerly property line of Ralph G. and Edith F. Lambert as shown on the 1959 Assessor's records); thence, northeasterly to a point 400 feet from the northeasterly way line of Washington Street measured at a right angle therefrom; thence, by a line 400 feet from the northeasterly way line of Washington Street and parallel thereto to a point at the Hanover-Norwell Town line; thence, by the Hanover-Norwell Town line to the northeasterly way line of Washington Street; thence, by the northeasterly way line of Washington Street to the point of beginning.
(*Station refers to the center line distance as shown on the Massachusetts State Highway Layout Plans dated November 18, 1919, and as altered and laid dated December 29, 1931, and recorded Plymouth Country Registry of Deeds. Stations are 100 feet apart and start at the Hingham-Norwell Town line.)
E. 
Business District C. Business District C shall include all the land shown as C-1, C-2, and C-3 on map entitled "Zoning Map of Norwell," September 1959, revised June 21, 1972, and March 20, 1980, and described as follows:
(1) 
Business District C-1. Beginning at the intersection of the southeasterly way line of Pond Street and the Norwell-Rockland Town line; thence, southerly in the Norwell-Rockland Town line to its intersection with the northeasterly way line of the Southeast Expressway; thence, southeasterly in the northeasterly way line of the Southeast Expressway to a point 475 feet southwesterly from the center line of High Street measured at a right angle therefrom; thence, generally northwesterly and northerly in a line 475 feet from the center line of High Street and parallel thereto to a point in the southwesterly line of Zone Area B-4, which is 500 feet southwesterly from the southwesterly way line of Washington Street measured at a right angle therefrom; thence, northwesterly in the southwesterly line of Zone Area B-4 to its intersection with the southeasterly way line of Pond Street; thence, southwesterly in the southeasterly way line of Pond Street to its intersection with the Norwell-Rockland Town line at the point of beginning; also to include Lots 1, 2, 3, 4, 5, and 6, Block 16 on the westerly side of Pond Street as shown on Sheets 5C and 5D as shown on the Atlas of the Town of Norwell.
(2) 
Business District C-2. Starting at a point in the southwesterly way line of the Southeast Expressway, and in the westerly boundary line of the Towns of Norwell and Rockland; thence, running southeasterly by the southwesterly way line of the Southeast Expressway, a distance of approximately 3,280 feet to the northwesterly corner of Lot 14; thence, turning and running southerly by the westerly property line of Lot 14 to the southwesterly corner of Lot 14; thence, turning and running easterly by the southerly property lines of Lots 14 and 13 to the northwesterly corner of Lot 12; thence, turning and running southerly by the westerly property lines of Lots 12 and 11 to the southwesterly corner of Lot 11; thence, running southerly in a straight line, through Lots 10 and 9 to the northwesterly corner of Lot 8; thence, running southerly by the westerly property line of Lot 8 to the southwesterly corner of Lot 8; thence, turning and running easterly in the southerly property line of Lot 8 to a point in the westerly way line of High Street; thence, turning and running southerly by the westerly way line of High Street to the northeasterly property corner of Lot 7; thence, turning and running westerly by the northerly property line of Lot 7 to the northwesterly corner of Lot 7; thence, turning and running southerly by westerly property line of Lot 7 to a point in the Norwell-Hanover Town line; thence, turning and running westerly by the Norwell-Hanover Town line; thence, turning and running westerly by the Norwell-Hanover Town line to a stone monument marking the Norwell-Hanover-Rockland corner; thence, turning and running northerly by the Norwell-Rockland Town line to the point of beginning. The lot numbers referred to above are all shown on the Atlas of the Town of Norwell Assessor's Map, Sheet R-17, Block 18. Also including Lot 2 consisting of 1.904 acres situated on the westerly side of High Street and the southerly side of Longwater Drive, as shown on a plan entitled "Plan of Land in Norwell, Mass.," Loring H. Jacobs, 293R Washington Street, Norwell, Mass., dated July 26, 1983, and recorded in the Plymouth County Registry of Deeds, Plan Book 23, Page 1164, which is a portion of Lot 7, Block 18, Sheet R-17 as shown on the Atlas of the Town of Norwell.
(3) 
Business District C-3. Beginning at the intersection of the southwesterly way line of the Southeast Expressway and the northwesterly way line of South Street; thence, southwesterly in the northwesterly way line of South Street to its intersection with the northerly way line of Mill Street; thence, westerly in the northerly way line of Mill Street to its intersection with the thread of Third Herring Brook which is also the Norwell-Hanover Town line; thence, in a generally northwesterly direction in the thread of Third Herring Brook which is the Norwell-Hanover Town line to the intersection with the southwesterly way line of the Southeast Expressway to its intersection with the northwesterly way line of South Street at the point of beginning.
F. 
The Wireless Facility Overlay District. Includes those portions of Business District C described in § 201-6.2E(1) and (2) of the Zoning Bylaw. The district shall also include the Norwell High School Property, South Street, as shown on Assessor's Map, Block 53, Lot 35, and described in a deed dated December 29, 1970; Book 3641, Page 499, in the Plymouth County Registry of Deeds and shall include the following property:
[12-8-1997 STM; amended 5-6-2024 ATM by Art. 42]
0
Grove Street, Assessor's Map-6C-13-7
(17.60 Acres);
0
Grove Street, Assessor's Map 6A-13-3
(8.0 Acres);
0
Grove Street, Assessor's Map 5B-13-5
(28.50 Acres);
0
Grove Street, Assessor's Map 6A-14-5
(23.72 Acres);
0
Grove Street, Assessor's Map 6A-14-10
(5.50 Acres);
0
Grove Street, Assessor's Map 6C-14-23
(8.86 Acres);
133
Grove Street, Assessor's Map 6C-13-2
(8.20 Acres);
133A
Grove Street, Assessor's Map 6A-13-4
(22.50 Acres);
133B
Grove Street, Assessor's Map 6C-13-6
(20.30 Acres);
133C
Grove Street, Assessor's Map 5B-13-1
(4.46 Acres);
191
Grove Street, Assessor's Map 6A-14-9
(3.87 Acres).
G. 
Village Overlay District. Voted to designate the following parcel of land as within the Village Overlay District: The parcel of land, containing ±45 acres, having frontage on Circuit Street as shown as a Plan of Land prepared for the Town of Norwell by Modern Continental Enterprises, dated May 14, 1999 (former Donovan property).
[5-25-1999 ATM, Arts. 14 and 15]
H. 
Adult Entertainment Overlay District (AEOD). The AEOD shall include that portion of the land within Business District C-1, described in § 201-6.2E(1), which is situated between a line which runs 200 feet from, and parallel to, the southeasterly side of Pond Street and an easterly boundary line which runs 1,000 feet from, and parallel to, the boundary line between Residence B and Business C-1, aforesaid, shown as the AEOD Overlay District (as designated on the Town Zoning Map) and made a part hereof.
[12-17-2001 STM]
I. 
Solar Photovoltaic Overlay District (SPOD). The SPOD shall include that portion of land within the Business District C-1 [(§ 201-6.2E(1)] and Business District C-2 [§ 201-6.2E(2)]. The district shall also include the land as shown on Assessor's Map, Block 64, Lot 13, and described in a deed dated January 17, 1990; Land Court Certificate No. 79659.
[5-5-2015 ATM, Art. 31]
J. 
The Accord Pond Park Economic Development District. The Accord Pond Park Economic Development District shall include certain parcels of land comprising of Business District C-1 and all the land comprising of three subdistricts shown as the Pond Street Subdistrict, the Accord Pond Loop Subdistrict, and the Cordwainer Drive Subdistrict, on map entitled "Zoning Map of Norwell," September 1959, revised June 21, 1972, and March 20, 1980, and described as follows:
[Added 7-25-2020 ATM, Art. 9]
(1) 
The Pond Street Subdistrict. Shall include approximately 10.46 acres of land presently owned as referenced in the Town of Norwell Assessors records: (a) 45 POND STREET CORPORATION, C/O TOM ALEX, Assessor's Map 11B, Block 17, Lot 83 and further described in the deed recorded at Book 11076, Page 137; (b) VILLAGE POND LLC, Assessor's Map 11A, Block 17, Lot 60 as further described in the deed recorded at Book 46344, Page 249; (c) MAIN STREET VILLAGE LLC, Assessor's Map 11A, Block 17, Lot 36 as further described in the deed recorded at Book 37232, Page 95; (d) 85 POND STREET REALTY TRUST, Assessor's Map 11A, Block 17, Lot 78 as further described in the deed recorded at Book 45088, Page 209; (e) 111 POND STREET REALTY TRUST, Assessor's Map 11A, Block 17, Lot 27 as further described in the deed recorded at Book 18072, Page 73; and, (f) SUNOCO LLC, Assessor's Map 11C, Block 17, Lot 3 as further described in the deed recorded at Book 45096, Page 114.
(2) 
The Accord Park Loop Subdistrict. Shall include approximately 41.61 acres of land presently owned as referenced in the Town of Norwell Assessors records: (a) THE COMPANY THEATER, C/O ZOE BRADFORD, Assessors Map 11B, Block 17, Lot 80, as further described in the deed recorded at Book 11836, Page 234; (b) 40 ACCORD PARK DRIVE REALTY TRUST, Assessor's Map 11b, Block 17, Lot 71, as further described in the deed recorded at Book 29282, Page 135; (c) M&M REALTY TRUST, Assessor's Map 11B, Block 17, Lot 72 as further described in the deed recorded at Book 8845, Page 117; (d) FIFTY TWO ACCORD PARK DRIVE REALTY TRUST, Assessor's Map 11A, Block 17, Lot 26, as further described in the deed recorded at Book 6659, Page 8; (e) ACCORD LLC, Assessor's Map 11B, Block 17, Lot 7, as further described in the deed recorded at Book 28330, Page 79; (f) ACCORD TRUST, Assessor's Map 11A, Block 17, Lot 2, as further described in the deed recorded at Book 42427, Page 277; (g) THE HELEN P DOHERTY REVOCABLE TRUST, Assessor's Map 11A, Block 17, Lot 66, as further described in the deed recorded at Book 49322, Page 224; (h) ESPOSITO FAMILEY LMTD PARTNERSHIP, Assessor's Map 11C, Block 17, Lot 5, as further described in the deed recorded at Book 19233, Page 267; (i) R&C REALTY TRUST, Assessor's Map 11C, Block 17, Lot 65, as further described in the deed recorded at Book 42479. Page 248; (j) SNOW & JONES, Assessor's Map 11C, Block 17, Lot 82, as further described in the deed recorded at Book 4410, Page 444; and, (k) GORDON RONALDL TRUSTEE, Assessor's Map 11D, Block 17, Lot 25, as further described in the deed recorded at Book 5366, Page 95; (l) NORWELL AMA REALTY VENTURES, Assessor's Map 11A, Block 17, Lot 68; (m) WN REALTY LLC, Assessor's Map 11C, Block 17, Lot 4 as further described in the deed recorded at Book 27530, Page 6; and, (m) THE NORWELL CORPORATE CENTER CONDOMINIUMS, Assessor's Map 11A, Block 17, Lot 35 as further described in the master deed recorded at Book 6261, Page 71.
(3) 
The Cordwainer Drive Subdistrict. Shall include approximately 49.67 acres of land presently owned as referenced in the Town of Norwell Assessors records: (a) AW PERRY INC, Assessor's Map 11D, Block 17, Lot 51, as further described in the deed recorded at Book 3682, Page 711; (b) JES SA KA, Assessor's Map 11D, Block 17, Lot 49, as further described in the deed recorded at Book 33777, Page 89; (c) EMC PROPERTIES LLC, Assessor's Map 11D, Block 17, Lot 89, as further described in the deed recorded at Book 32563, Page 346; (d) SOUTHWOOD AT NORWELL NURSING CENTER, Assessor's Map 11D, Block 17, Lot 37, as further described in the deed recorded at Book 11189, Page 132;(e) AEP REALTY TRUST, Assessor's Map 11B, Block 17, Lot 75, as further described in the deed recorded at Book 5366, Page 95; (f) ACCORD PARK REALTY LLC, Assessor's Map 11B, Block 17, Lot 73, as further described in the deed recorded at Book 31843, Page 57; (g) 55 ACCORD LLC, Assessor's Map 11B, Block 17, Lot 70, as further described in the deed recorded at Book 43330, Page 54; (h) FLAGSTAFF COMMERCIAL LLC, Assessor's Map 11B, Block 17, Lot 69, as further described in the deed recorded at Book 49470, Page 310; (i) SULLIVAN OFFICE REALTY TRUST, Assessor's Map 11B, Block 17, Lot 63, as further described in the deed recorded at Book 13519, Page 121; (j) FOURTH G LLC, Assessor's Map 11A, Block 17, Lot 62; (k) THE 17 ACCORD PARK DRIVE OFFICE CONDOMINIUMS, Assessor's Map 11B, Block 17, Lot 61, as further described in a master deed recorded at Book 6976, Page 1; (1) CORDWAINER LLC, C/O COURSE MADE GOODS LLC, Assessor's Map 11D, Block 17, Lot 87, as further described in the deed recorded at Book 49780, Page 154; and, (m) 600 CORDWAINER LLC, Assessor's Map 11D, Block 17, Lot 85, as further described in the deed recorded at Book 32201, Page 4.
K. 
The Senior Housing Overlay District shall include all land in the C-1 and C-2 Districts and also the land known and shown as:
[Added 5-6-2024 ATM by Art. 38]
0 Washington Street. Assessing Map 12C, Parcel 25-67 (.57 Acres);
367 Washington Street. Assessing Map 12D, Parcel 26-0001 (7.00 Acres);
383 Washington Street. Assessing Map 12D, Parcel 26-03 (3.40 Acres);
399 Washington Street, Assessing Map 12D, Parcel 26-006 (7.00 Acres); and
401 Washington Street. Assessing Map 12D, Parcel 26-010 (9.49 Acres).

§ 201-7.1 Application.

No building or structure shall be erected, and no premises shall be used, except as provided in Article 8, District Use Regulations.

§ 201-7.2 Classification.

Where an activity might be classified under more than one of the following uses, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern.

§ 201-7.3 Marijuana not medically prescribed.

[Added 5-8-2017 ATM, Art. 34; amended 7-25-2020 STM, by Art. 5]
Consistent with MGL c. 94G, § 3(a)(2), all types of marijuana retailers as defined in MGL c. 94G, § 1, shall be prohibited within any zoning district of the Town or the Town, except that this section shall not apply to marijuana establishments including marijuana cultivators, independent testing laboratories, marijuana product manufacturers, and craft marijuana cultivator cooperatives involved in the planting, propagating, cultivation, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging and repackaging, storing, and/or shipping of all kinds of marijuana accessories regardless of medical or adult recreational uses.

§ 201-8.1 Residential districts.

[Amended 5-3-1994 ATM; 5-15-2001; 5-10-2004 by Art. 32; 5-15-2005 ATM by Art. 17; 5-13-2008 ATM; 5-6-2013 ATM; 5-6-2019 ATM by Art. 30; 5-9-2022 ATM by Art. 15; 5-8-2023 ATM by Art. 43; 5-8-2023 ATM by Art. 44; 5-5-2025 ATM by Art. 43]
A. 
Permitted residential uses.
(1) 
One-family detached dwellings and associated outbuildings, with not more than one such dwelling located on any lot.
(2) 
Conversion of a dwelling existing on April 10, 1952, to a two- or three-family dwelling, provided that such conversion does not substantially change the character or size of the structure, and provided further that the lot appurtenant to said dwelling has an area per family unit of at least half that required for a single-family unit.
B. 
Permitted community service uses.
(1) 
Municipal buildings conforming to area and setback requirements and properly landscape screened.
(2) 
Public utility buildings directly needed to provide services to the townspeople, which conform to area and setback requirements and which are properly landscape screened, but not including business offices, repair garages or outside storage areas.
(3) 
Cemetery.
(4) 
Educational and religious uses exempt from zoning prohibition by MGL c. 40A, § 3.
(5) 
Other institutional, educational, recreational, philanthropic or religious buildings or use, provided such building or use is not a business undertaking, but not including one, the chief activity of which is a service:
(a) 
To delinquent criminal, mentally deficient or mentally deranged persons; or
(b) 
Customarily carried on as a business.
C. 
Permitted accessory uses.
(1) 
An office of either a doctor, or a dentist, or a lawyer, provided that the principal use is residential and the business is conducted in the dwelling by the person residing on the premises and involves not more than two agents, servants or employees, including the resident doctor, dentist or lawyer.
(2) 
Agricultural pursuits (and buildings necessary to such pursuits) in accordance with MGL c. 40A, § 3, as amended.
(3) 
Customary home occupations, conducted within the dwelling, such as insurance, or real estate, craft manufacturing, dressmaking, millinery, hair dressing, preparing food for sale, mail order businesses, the taking of not more than four boarders or lodgers at any one time, and the like, conducted by a person residing on the premises and involving not more than two additional operatives, and provided that such occupations and uses are not injurious or offensive to the neighborhood because of the emission of odors, fumes, dust, noise, smoke, vibration or other causes.
(4) 
Service businesses provided that:
(a) 
The business is conducted by a resident occupant;
(b) 
The business is conducted principally away from the premises;
(c) 
The business is not injurious or offensive to the neighborhood because of the emission of odors, fumes, dust, noise, smoke, vibrations or other cause; and
(d) 
There is no display of goods visible from the street.
D. 
Uses requiring a special permit from the Board of Appeals.
(1) 
The business uses enumerated in Subsection C(1) through (3), inclusive, but not meeting the requirements in Subsection C(1).
(2) 
Accessory scientific uses (see § 201-20.1).
(3) 
A private club managed and controlled by the membership, but not including one whose chief activity is a service customarily carried on as a business. However, the foregoing shall not prohibit the customary functions of bona fide country clubs, sportsman clubs, amateur dramatic clubs, social or educational clubs, and the like.
E. 
Accessory dwelling units (ADU).
(1) 
Purposes. ADU units shall be allowed as set forth below for the following purposes.
(a) 
To encourage housing options for persons of all income levels and all ages;
(b) 
To allow a single-family homeowner(s) the opportunity to derive rental income to allow the homeowner the financial ability to stay in place;
(c) 
To allow a single-family homeowner(s) the opportunity to accommodate other family members in an ADU;
(d) 
To encourage the availability of moderately priced year-round rental units and promote greater housing diversity in the Town and to promote greater availability of affordable housing for young adults and senior citizens; and
(e) 
To maintain the residential character of the lot on which any ADU is located.
(2) 
Applicability. A maximum of one ADU per lot (which shall have a minimum of one acre of upland) shall be allowed as of right, which shall mean that the development may proceed without the need for a special permit, variance, waiver or other discretionary zoning approval, as follows:
(a) 
As of right ADU within a single-family dwelling. An ADU shall be allowed as of right if it is located entirely within a single-family dwelling (interior ADU), provided it satisfies all of the following criteria:
[1] 
The interior ADU shall have and shall maintain a separate entrance from the principal dwelling, either directly from the outside or through an entry hall or corridor that leads to the outside that is shared with the principal dwelling and that is sufficient to meet the requirements of the state building code for safe egress;
[2] 
The interior ADU shall not be larger in floor area than 1/2 the floor area of the principal single-family dwelling or 900 square feet, whichever is smaller;
[3] 
The interior ADU shall not be used as a short-term rental, and a restrictive covenant shall be recorded against the property to that effect before any occupancy permit issues for the ADU, and the covenant shall run to the Town and be enforceable by the Town through injunctive relief and with the property owner required to pay the Town's reasonable legal fees and costs for successful enforcement of any violation of the restrictive covenant;
[4] 
The interior ADU shall be restricted to one bedroom;
[5] 
The interior ADU shall have at least one dedicated parking space on the same lot and shall use the same driveway that is used for the principal dwelling and there shall be at least two parking spaces for the principal dwelling;
[6] 
The interior ADU entrance and parking shall maintain the single-family residential appearance of the property and, if the entrance for the Interior ADU is not shared with the principal dwelling, the entrance(s) for the Interior ADU shall be less visible from the street view of the principal dwelling than the main entrance for the principal dwelling;
[7] 
At all times, the principal dwelling or the interior ADU shall be owner-occupied;
[8] 
The Board of Health must document to the Building Inspector that sewage disposal for the property will be satisfactorily provided for in accordance with the provisions of Title 5 and Board of Health regulations, including provisions for an appropriate reserve area on the site; and
[9] 
No commercial use, except for a permitted home occupation, shall be allowed on a property on which there is an interior ADU.
(b) 
As of right ADU in a detached structure on the same lot as the principal single-family dwelling; site plan administrative review by the Planning Board. An ADU may be allowed as of right, subject to administrative site plan review as set forth below, in a detached structure ("detached ADU") on the same lot as the principal single-family dwelling, provided that it satisfies all of the following criteria:
[1] 
The detached ADU shall have and shall maintain a separate entrance from the principal dwelling, either directly from the outside or through an entry hall or corridor that leads to the outside that is shared with the principal dwelling and that is sufficient to meet the requirements of the state building code for safe egress;
[2] 
The detached ADU shall not be larger in floor area than 1/2 the floor area of the principal single-family dwelling or 900 square feet, whichever is smaller. If the detached ADU is part of a larger accessory structure, the owner may designate which distinct portion of that structure’s floor space will be used as an ADU.
[3] 
The detached ADU shall not be used as a short-term rental, and a restrictive covenant shall be recorded against the property to that effect before any occupancy permit issues for the ADU, and the covenant shall run to the Town and be enforceable by the Town through injunctive relief and with the property owner required to pay the Town's reasonable legal fees and costs for successful enforcement of any violation of the restrictive covenant;
[4] 
The detached ADU shall be restricted to one bedroom;
[5] 
The detached ADU shall have at least one dedicated parking space on the same lot and shall use the same driveway that is used for the principal dwelling and there shall be at least two parking spaces for the principal dwelling;
[6] 
At all times, the principal dwelling or the detached ADU shall be owner-occupied;
[7] 
The Board of Health must document to the Building Inspector that sewage disposal for the property shall be satisfactorily provided for in accordance with the provisions of Title 5 and Board of Health regulations, including provisions for an appropriate reserve area on the site;
[8] 
A detached ADU shall be designed so that, to the maximum extent practical, the appearance of the property on which it is to be located remains that of a single-family residential property and shall satisfy all applicable setbacks, with the detached ADU to be subject to administrative site plan review by Planning Board before a building permit issues. The Planning Board shall review whether the detached ADU shall be consistent in design with the principal single-family dwelling and shall consider the following elements: architectural details, roof design, building spacing and orientation, door and window location and building materials.
[9] 
A detached ADU shall be used only as a rental unit, except that the owner of the property may reside in the ADU while renting the principal single-family dwelling. Either the principal dwelling or the ADU, but not both, may be used as a rental unit at any given time; and
[10] 
No commercial use, except for a permitted home occupation, shall be allowed on a property on which there is a detached ADU.
(3) 
Any property that received and properly exercised a special permit from the Zoning Board of Appeals to allow an accessory dwelling unit may convert the special permit unit to an as of right unit provided that the unit is determined by the Building Official to satisfy all of the requirements of this section (including, but not limited to, minimum parking requirements), except that the unit may be converted to an as of right unit even though it exceeds 900 square feet.
F. 
Prohibited home occupations. The following uses shall be prohibited:
(1) 
Ambulance service.
(2) 
Automobile, truck, trailer, small engine or boat repair; automobile, truck, trailer, or boat parts sales, washing or detailing service on site.
(3) 
Veterinary services, principally at home.
(4) 
Health salons, gyms and tanning salons.
(5) 
Restaurants and taverns.
(6) 
Junk, salvage or storage yards.
(7) 
Tow truck services.
(8) 
Laundry, laundromat, and/or dry-cleaning services.
(9) 
Photo developing as primary use.
(10) 
Sales of firearms and/or ammunition.
(11) 
Body art establishments or establishment. See § 201-1.2, Definitions.
(12) 
Medical marijuana treatment center or similar facility. See § 201-1.2, Definitions.
G. 
Common driveways.
(1) 
Purpose. To minimize curb cuts onto public ways and minimize paved surface area, while maintaining safe access to residential lots for year-round residential traffic and emergency vehicle access.
(2) 
Definitions.
COMMON DRIVEWAY
A common driveway shall mean a driveway that is designed to serve a minimum of two residential lots or a maximum of three residential lots and for which one of the permits provided for below has been issued and taken final effect.
PRIVATE WAY
A private way shall mean any way that is not a common driveway or a public way.
PUBLIC WAY
A public way shall mean a way duly accepted by Town Meeting pursuant to MGL c. 82.
(3) 
Types of permits.
(a) 
Building permit common driveway: up to 100 feet in length. The Building Inspector/Zoning Enforcement Officer may issue a common driveway building permit to allow a common driveway, as of right, provided that the Building Inspector/Zoning Enforcement Officer is satisfied that all of the requirements set forth below are satisfied:
[1] 
The common portion of the driveway shall not exceed 100 feet in length;
[2] 
The common driveway shall not serve more than two residential lots;
[3] 
The common driveway application and plan shall conform to all of the requirements set forth below under Subsection G(4), Standards and criteria, Subsection G(4)(a) to (k); and
[4] 
A fee of $100 was duly paid with the application.
(b) 
Special permit common driveway: 100 feet to 300 feet or for three lots. A common driveway special permit may be issued by the Planning Board to allow a common driveway of between 100 feet to 300 feet or to serve up to three residential lots, with a common driveway length of not more than 300 feet, provided that the Planning Board is satisfied that all of the requirements set forth below are satisfied:
[1] 
The common portion of the driveway shall not exceed 300 feet in length;
[2] 
The common driveway shall not serve more than three residential lots;
[3] 
The common driveway application and plan shall conform to all of the requirements set forth below under Subsection G(4), Standards and criteria; and
[4] 
A fee of $500 was duly paid with the application, plus the applicant(s) shall pay for the cost of legal notices and mailings and shall pay for the cost of technical engineering review of the plan and drainage calculations by the Planning Board's engineering consultant.
(4) 
Standards and criteria for common driveways.
(a) 
Application form. The applicant(s) for a common driveway shall execute an application form supplied by the Building Inspector/Zoning Enforcement Officer or the Planning Board, as appropriate.
(b) 
Assent of all owners to the application. The application form shall be signed by all of the owners of record for all of the residential lots to be served by the proposed common driveway.
(c) 
Minimum setback from property lines. All portions of the common driveway shall be set back a minimum of 25 feet from any adjoining property line, other than one property line for each of the residential lots to be served by the driveway.
(d) 
Minimum setback from other ways. The common driveway shall be located a minimum of 50 feet from any existing driveway or public or private way (except for an existing driveway that is to be eliminated and revegetated).
(e) 
Zoning compliance requirement. All of the residential lots to be served by the common driveway shall conform to all applicable zoning requirements, including minimum frontage and area requirements, and the common driveway shall access over the legal frontage of at least one of the lots to be served by the driveway. The common driveway shall access from the way common to each of the lots that it serves. The common portion of the common driveway shall not be used to calculate lot area for any of the lots served by it.
(f) 
Sole means of access. The lots to be served by the common driveway shall each use the common driveway as the sole means of access.
(g) 
Minimum design and construction requirements. The common portion of the common driveway shall satisfy all of the following requirements:
[1] 
It shall intersect with a public way.
[2] 
It shall have corner radii of 25 feet at the point of intersection with the public way.
[3] 
It shall satisfy the minimum required stopping distance. The minimum required stopping sight distance shall be calculated under the Stopping Sight Distance of the American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets 2001," 4th edition, based on the 85th percentile speed of the major roadway. The 85th percentile speed shall be determined from an acceptable engineering speed study with a minimum of 20 speed observations in each direction.
[4] 
It shall satisfy the minimum required intersection sight distance. The minimum required intersection sight distance shall be measured a minimum of 15 feet from the edge of pavement along the center line of the proposed roadway. For all calculations, the height of the driver's eye shall be considered to be 3.75 feet above the road surface and the height of the object shall be considered to be 0.50 foot above the road surface in accordance with AASHTO policy.
[5] 
It shall have a minimum grade of 1% and a maximum grade of 7%.
[6] 
It shall have a minimum paved width of 16 feet and a maximum paved width of 18 feet.
[7] 
It shall be constructed with an initial minimum six-inch gravel borrow base course, with M.030.1 Type B gravel and 95% compaction; that shall be followed by a minimum six-inch processed gravel base course, MI.03.1, 95% compaction; and shall be topped by two courses of Massachusetts Department of Transportation (DOT) Type 2-1 bituminous concrete, which shall have a total minimum thickness of three inches and have a 1/4 inch per foot crown.
[8] 
It shall have a two-foot-wide gravel shoulder on each side, consisting of the same twelve-inch gravel base as the driveway.
[9] 
The two-foot-wide shoulders shall be free of any aboveground structures, buildings and other obstructions, including, but not limited to, trees, shrubs, plantings and utility poles. If vegetated, then the shoulders shall be mowed a minimum of three times per growing season.
[10] 
A common driveway shall have permanent signage, which shall satisfy all of the requirements of the Highway Surveyor as to size, materials and siting, at the intersection of the common driveway with the public way, and the signage shall state the name of the public way and the numbers of the houses that are served by the common driveway. In addition, the common driveway shall be provided with signage at each point where it branches off to an individual driveway. The signage shall list the individual addresses of all of the properties served by the individual driveway, together with an arrow indicating the direction of the individual driveway.
[11] 
The common driveway shall be provided with an easement area of sufficient size to allow for adequate snow storage to serve the common portion of the driveway. This easement area shall be clearly marked and kept free of obstructions during snow season and shall be constructed with a six-inch gravel base, which may be loamed and seeded, provided that the area shall be mowed at least three times per growing season. The required size of the easement area shall be determined by the Building Inspector/Zoning Enforcement Officer under Subsection G(3)(a) and by the Planning Board under Subsection G(3)(b).
[12] 
The common driveway and all necessary appurtenances, including utilities, shoulders, signage, turnouts, turnarounds and snow storage areas, shall be clearly delineated on the engineered plan and shall be within the easements to be conveyed between and among the owners of the lots that are to be served by the common driveway.
(h) 
Engineered plan requirements. The applicant(s) shall provide an engineered plan, together with the application, that shall satisfy all of the following criteria and contain all of the following information:
[1] 
The plan shall be based upon a ground survey.
[2] 
The plan shall be signed and stamped by a registered land surveyor and a registered professional engineer.
[3] 
The plan shall include a North point.
[4] 
The plan shall include a title block that lists the names and addresses of all owners of record of the residential lots to be served by the common driveway and the name, address and telephone number of the surveyor and engineer.
[5] 
The Assessing Map reference for the residential lots to be served by the common driveway.
[6] 
Existing and proposed boundary lines, dimensions and areas of the residential lots to be served by the common driveway, with all bounds keyed into the Massachusetts grid system and at least two boundary points coordinated with the Massachusetts grid system shown on the plan, with at least one of the boundary points corresponding to a physical permanent monument placed on the ground.
[7] 
Existing lines of streets, ways, driveways and easements on the subject property, with labels as to whether the ways are private or public and the purpose of the easements.
[8] 
The zoning classification for the property and the location of any zoning district boundary that may lie within the locus.
[9] 
The plan shall show the proposed location of the common driveway, the proposed locations of the private driveways off of the common driveway and the locations of the respective dwellings and all accessory structures that are to be afforded access via the common driveway.
[10] 
The plan shall provide cross-section detail that shows the required gravel and paving specification.
[11] 
The plan shall show the location of and provide details for the required signage.
[12] 
The plan shall show the location, size and type of mailboxes, if any, that shall be used to serve the residential lots and they shall be sited together on the left-hand side of the common driveway, upon entering from the adjacent way, to avoid interfering with turns into the driveway and shall in all respects conform to the requirements of the United States Postal Department, which shall control in the event of a conflict with the bylaw.
[13] 
The plan shall show the location of any pole, wall, fence, significant tree or obstruction.
[14] 
The plan shall show the location of any existing structure or building located on the residential lots to be served and the side, rear and front yard setback dimensions, including building envelopes, for each.
[15] 
The plan shall include a certification by the designing engineer that all structures and buildings conform to applicable zoning requirements.
[16] 
The plan shall show the location of any structure, or building, including driveways, walls, and poles within 100 feet on each side of the layout of the common driveway, at the point at which it intersects with the public way.
[17] 
The plan shall include a certification by the designing engineer that the location of the common driveway provides for adequate sight distances, using the most recent standards published by the American Association of State Highway and Transportation Officials, both for stopping distance and the applicable intersection.
(i) 
Required documentation. The applicant(s) also shall provide the following documentation, together with the application:
[1] 
Easements. Proper draft easements shall be delivered with the application which provide a permanent right of access to, from and over the common driveway for all of the owners of the residential lots to be served by the common driveway. All owners of record and mortgagees of record shall assent to each such easement and the easements shall be recorded before any building permit or certificate of occupancy issues.
[2] 
Homeowners' association trust requirement. A homeowners' association trust draft document shall be delivered with the application that provides for:
[a] 
Mandatory membership by all owners of the residential lots to be served by the common driveway;
[b] 
Operation and maintenance of the common portion of the common driveway, including snow and ice removal, regular and extraordinary maintenance and repairs, and maintenance and replacement of signage and maintenance of the shoulders and sight distances;
[c] 
Jointly and several liability for all owners for the cost of the required maintenance and repairs; and
[d] 
A mechanism for dispute resolution.
[3] 
Restrictive covenant running to the Town. A restrictive covenant, running in favor of the Town of Norwell, shall be recorded against all lots to be served by the common driveway, providing that:
[a] 
Access to and use of the common driveway shall be limited to the specific residential lots shown on the plan;
[b] 
The common driveway shall not be offered for acceptance as a public way;
[c] 
Further division prohibited (the lots served by the common driveway shall not be further divided so as to create any additional building lots).
(j) 
Building permit requirements. No building permit for a dwelling to be served by a common driveway shall issue until:
[1] 
Common driveway plan approved. The required common driveway plan has been approved by the Building Inspector/Zoning Enforcement Officer and, in the case of a special permit driveway, until after the Planning Board has approved the plan and until after the applicable appeal period has expired without an appeal having been taken or, in the case of an appeal, until after the appeal has been terminated in the applicant's favor;
[2] 
Easements recorded. The required easements have been properly executed by all owners and mortgagees of record and then duly recorded and that evidence of recording has been provided to the Building Inspector/Zoning Enforcement Officer and, in the case of a special permit driveway, to the Planning Board; and
[3] 
Homeowners' association executed and recorded. The required homeowners' association trust document, duly executed by the necessary parties, including all owners and mortgagees of record, has been duly recorded and evidence of recording has been provided to the Building Inspector/Zoning Enforcement Officer and, in the case of a special permit driveway, to the Planning Board. The required proof that the necessary parties have executed the document shall include a letter from a licensed attorney, indicating the attorney has researched the title for the affected land and that identifies and certifies the identity of all owners and mortgages of record for the affected land that is to be served by the common driveway and that is to be burdened by the requirements set forth under the homeowners' association trust document and further certifies that all of said owners and mortgagees of record have duly assented to the homeowners' association trust document.
[4] 
Adequate surety for a driveway that exceeds 100 feet. Adequate surety shall be posted by the applicant(s) to guarantee completion of the common portion of the driveway, for any driveway for which the common portion exceeds 100 feet.
(k) 
Certificate of occupancy requirements. No certificate of occupancy for any dwelling to be served by the common driveway shall issue until the common driveway has been fully constructed in accordance with the engineered plan to the satisfaction of the Building Inspector/Zoning Enforcement Officer.
(l) 
Drainage calculations required for a driveway that exceeds 100 feet. No plan for a driveway that has a common length that exceeds 100 feet shall be approved, unless engineered drainage calculations are provided to the Planning Board and unless the Planning Board is satisfied that the plan, based upon peer review, provides sufficient drainage control measures that will result in no increase in runoff onto property other than onto one of the lots to be served by the common driveway. The required surety shall ensure that the drainage plan be installed.
(m) 
Snow storage required for a driveway that exceeds 100 feet. No plan for a driveway, which has a common length that exceeds 100 feet, shall be approved, unless the Planning Board determines that the plan provides for adequate storage areas for snow.
(n) 
Turn-out areas required for a driveway that exceeds 100 feet. No plan for a driveway that has a common length that exceeds 100 feet shall be approved, unless the Planning Board, after consulting with the Fire Chief, determines that sufficient turn-out areas are provided for every 50 feet or a greater number of feet to be determined by the Planning Board in its discretion, but not to exceed 75 feet, to allow an oversized pickup truck to pull off the driveway and allow an emergency vehicle to pass. Such turn-out areas shall be paved and shall be kept clear of vegetation, snow, parked vehicles and other obstructions at all times and shall have signage approved by the Highway Surveyor that indicates: "No Parking" and "This area shall be kept free of snow, vehicles and all obstructions."
(o) 
Turnaround area required for a driveway that exceeds 100 feet. No plan for a driveway that has a common length that exceeds 100 feet shall be approved unless the Planning Board, after consulting with the Fire Department, determines that a sufficient turnaround area is provided at the end of the common driveway to allow emergency vehicles to turn around. The turnaround shall be an integral part of the common driveway and constructed and paved accordingly.
(p) 
Adequate surety required for a driveway that exceeds 100 feet. The Planning Board shall require that adequate surety be posted to guarantee satisfactory completion of the common driveway, if the common portion of the driveway exceeds 100 feet, before the special permit issues.
(q) 
The common driveway shall have signage that sets forth the street numbers. A common driveway shall have a street sign at the intersection of the common driveway with the public way. The sign shall state the name of the public way and shall set forth the street numbers of the dwellings served by the common driveway. All of the dwellings served shall use the same public way as its legal address and conform to all 911 requirements. The signage shall be designed and erected in accordance with the requirements of the Highway Surveyor.
(5) 
Procedures.
(a) 
An application for a common driveway permit under Subsection G(3)(a) shall be filed with the Building Inspector/Zoning Enforcement Officer, together with 10 copies of the application and the proposed plan and the required filing fee, which shall be in the amount of $100. A copy of the application and the plan shall be distributed to the Board of Health, Conservation Commission, Fire Chief, Highway Surveyor, Planning Board, Police Chief, and Water Department. The Building Inspector/Zoning Enforcement Officer shall act on the application within 30 days of determining that the application is complete. The Building Inspector/Zoning Enforcement Officer shall notify the applicants, in writing, if he determines that the application is not complete.
(b) 
An application for a common driveway special permit under Subsection G(3)(b) shall be filed with the Planning Board together with 12 copies of the application and the proposed plan, the required filing fee of $500 and the required review fee established by the Planning Board. A copy of the application shall be distributed to the Board of Health, Building Inspector/Zoning Enforcement Officer, Conservation Commission, Fire Chief, Highway Surveyor, Police Chief, and Water Department. The Planning Board shall notice and hold a public hearing and render its decision in accordance with the requirements set forth under MGL c. 40A, §§ 9 and 11. The Planning Board shall notify the applicants in writing if the application is incomplete and, if the application is determined to still be incomplete 30 days after it is filed, it shall be denied without prejudice.
H. 
Farmer's Porch.
(1) 
Purpose and intent. Farmer's Porches may be allowed on undersized lots or lots where the dwelling is pre-existing non-conforming in order to enhance the aesthetic and functional value of homes, promote a sense of community by encouraging outdoor living spaces, and foster neighborly interaction, which contributes to improved neighborhood safety and the overall character of residential areas. The intent is to provide outdoor living space that offers some protection from the elements while maintaining open sides that allow for airflow and interaction with the surrounding environment.
(2) 
Definition.
FARMER'S PORCH
Shall mean an open, unenclosed, unscreened, roofed structure that is attached to the front of a primary dwelling. It may be located on a lot that does not conform to minimum lot size or on a lot where the dwelling is pre-existing non-conforming. The structure may be supported by columns or posts and include railings or low walls but shall remain unenclosed on three sides. Such a porch shall not be converted into a three-season porch, sunroom, or other interior living space.
(3) 
Requirements. A Farmer's Porch:
(a) 
Shall be connected to the front foundation and front wall of the primary dwelling;
(b) 
Shall not extend more than six feet outward from the front foundation of the dwelling;
(c) 
Shall not be closer than 14 feet from the front property line or roadway right-of-way;
(d) 
Shall comply with applicable side setback and height and lot coverage limits;
(e) 
Shall shield porch lighting to prevent it from being cast beyond the property's limits;
(f) 
Shall be considered impervious and shall not result in the lot exceeding 50% total impervious coverage;
(g) 
Shall conform to the Town's Stormwater Bylaw requirements.
(4) 
Special permit criteria. The ZBA shall review applications for a Farmer's Porch to determine compliance with all criteria set forth. A special permit shall be issued if the proposed porch is in compliance with these criteria.

§ 201-8.2 Business District A. [1]

[5-6-2013 ATM; amended 5-6-2019 ATM, Art. 30]
The following section classifies uses within the Business District A; "gsf" is gross square feet (including all office and storage areas). Mixed-use buildings that contain both nonresidential and residential uses are allowed as indicated in this section. For businesses that contain two or more of the uses listed below the more restrictive permit requirement applies. Uses not identified within this section are prohibited.
A. 
Residential uses. Use indicates the maximum number of dwellings allowed on a lot.
(1) 
Allowed by right:
(a) 
One-family dwelling with associated outbuildings.
(b) 
One-family dwelling (above nonresidential).
(c) 
Two-family dwelling (above nonresidential).
(2) 
Allowed by special permit:
(a) 
Multifamily (three dwellings maximum or one dwelling per 15,000 square feet of lot area to a maximum of six units, whichever is greater, above nonresidential). The SPGA may impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purpose of this bylaw, including but not limited to the maximum number of occupants, maximum number of rooms, modification of driveway or parking spaces to provide adequate off-street parking, etc.
(b) 
Assisted living/nursing home.
(3) 
Not allowed:
(a) 
Two-family dwelling.
(b) 
Multifamily.
B. 
Commercial uses.
(1) 
Allowed by right:
(a) 
Convenience stores, zero to 5,000 gsf.
(b) 
Cafes.
(c) 
Art galleries.
(d) 
Banks, zero to 5,000 gsf.
(e) 
Private club, provided that the club is managed and controlled by the membership and whose chief activity is not a service customarily carried on as a business. Customary functions of bona fide country clubs, sportsman clubs, amateur dramatic clubs, social or educational clubs and the like shall not be prohibited.
(f) 
Business or professional offices.
(g) 
Retail sales and services, zero to 5,000 gsf.
(2) 
Allowed by special permit:
(a) 
Pharmacies, zero to 5,000 gsf.
(b) 
Grocery stores.
(c) 
Retail sales and services, 5,001 to 12,000 gsf.
(d) 
Personal services, zero to 5,000 gsf.
(e) 
Restaurants (drive-thru service prohibited; see Subsection E, General provisions).
(f) 
Outdoor seating associated with restaurants or cafes subject to applicable licensing requirements.
(g) 
Movie house (maximum of two screens).
(h) 
Liquor stores, zero to 5,000 gsf.
(i) 
Outdoor markets subject to applicable licensing requirements.
(j) 
Indoor recreational facilities.
(k) 
Hotel/inn (10 rooms maximum).
(3) 
Not allowed:
(a) 
Convenience stores over 5,000 gsf.
(b) 
Pharmacies over 5,000 gsf.
(c) 
Banks over 5,000 gsf.
(d) 
Personal services over 5,000 gsf.
(e) 
Liquor stores over 5,000 gsf.
(f) 
Body art establishment.
(g) 
Motel.
(h) 
Gasoline and service stations.
(i) 
Automobile sales and repair.
C. 
Community service uses.
(1) 
Allowed by right:
(a) 
Municipal buildings.
(b) 
Cemetery.
(c) 
Protected uses under MGL c. 40A, § 3.
(d) 
Other institutional, educational, recreational, philanthropic or religious use, provided that such building or use:
[1] 
Is not a business undertaking;
[2] 
Is not one where the chief activity is to service delinquent, criminal, or mentally ill persons; or
[3] 
Is not customarily carried on as a business.
(2) 
Allowed by special permit:
(a) 
Public utility buildings.
(3) 
Not allowed:
(a) 
Medical marijuana treatment center or similar facility.
D. 
Accessory uses/home occupations. Provided the use is conducted by a person residing at the premises and the use is not injurious or offensive to the neighborhood because of the emission of odors, fumes, dust, noise, smoke, vibrations or other causes.
(1) 
Allowed by right:
(a) 
Insurance services.
(b) 
Real estate.
(c) 
Artist/craft manufacturing.
(d) 
Hair dressing.
(e) 
Mail order.
(f) 
Service business. The business shall be conducted principally away from the premises.
(g) 
Bed-and-breakfast inn (four lodgers maximum).
(2) 
Allowed by special permit:
(a) 
Other.
E. 
General provisions.
(1) 
Allowed by special permit:
(a) 
Operation of a business between the hours of 2:00 a.m. and 5:00 a.m.
(2) 
Not allowed:
(a) 
Drive-thru windows associated with any use.
(b) 
Drive-up ATMs associated with any use.
(c) 
Outdoor storage (excludes short-term retail display).
[1]
Editor's Note: See also Business District A Use Table included as an attachment to this chapter.

§ 201-8.3 Business District B.

A. 
Permitted residential uses. Conversion of a dwelling existing on March 14, 1963, to a two- or three-family dwelling, provided that such conversion does not substantially change the character or size of the structure, and provided further that the lot appurtenant to said dwelling has an area per family unit of at least half that required for a single-family unit.
B. 
Permitted community service uses. Educational, religious, agricultural, horticultural and floricultural uses exempt from zoning prohibition by MGL c. 40A, § 3.
C. 
Permitted business uses.
(1) 
Retail stores, salesrooms or service establishments, the principal activity of which shall be the offering of goods or services at retail within an enclosed building structure, and including but not limited to personal service shops of a barber, hairdresser, manicurist, or shoe shiner; shops for custom work by a dressmaker, furrier, interior decorator, milliner or tailor; and shops for custom work by a cabinet maker, job printer, repairer of household appliances or furnishings, shoemaker, or upholsterer. However, gasoline service stations and automobile sales and repair establishments are prohibited.
(2) 
Business or professional offices or agencies.
(3) 
Banks or other financial institutions.
(4) 
Restaurants or other eating places serving food only to persons seated at tables, or counters, if no mechanical or live entertainment is regularly furnished unless a permit for such entertainment is granted yearly by the Select Board.
[Amended 5-9-2022 ATM, Art. 16]
D. 
Uses allowed by special permit from the Board of Appeals.
(1) 
Light manufacturing.
(2) 
Research laboratories.
(3) 
Wholesale sales and light storage facilities.
(4) 
Such similar uses as the Board of Appeals may approve.
(5) 
Conversion to add one accessory dwelling unit to a single-family dwelling which has been in existence for and not substantially altered within 24 months or longer at the time of application.
(a) 
Such special permit shall be granted only if:
[1] 
The accessory unit will be a part of the main dwelling and the habitable floor area of the accessory dwelling unit will not be more than 1/3 that of the main dwelling;
[2] 
There will be no more than a five-percent increase in the habitable floor area of the main dwelling;
[3] 
The owner of the premises will occupy one of the units except for temporary absences and the other unit will be occupied by one or more persons directly related to the owner by blood or marriage or 60 years of age or more;
[4] 
Exterior alterations will not change the appearance of the main dwelling as a single-family residence; and
[5] 
The Board of Health documents to the Board of Appeals that sewage disposal will be satisfactorily provided for, and that there is an appropriate reserve area on the site meeting requirements of the Board of Health rules and regulations and Title 5 of the State Environmental Code, and having soils suitable for replacement on-site disposal system.
(b) 
In addition to any applicable conditions specified in this subsection, the Board of Appeals may impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purpose of this bylaw, including but not limited to the following:
[1] 
Maximum number of occupants.
[2] 
Maximum number of rooms.
[3] 
Modification of driveway or parking spaces to provide adequate off-street parking.
(c) 
For purposes of this subsection, an accessory dwelling unit shall mean one or more rooms with kitchen and bathroom facilities not shared with any other dwelling unit and located in a main dwelling originally designated and constructed as a single-family dwelling.
(6) 
Operation of a business between the hours of 2:00 a.m. and 5:00 a.m.
(7) 
Body art establishments (see § 201-1.2, Definitions), provided that no body art establishment shall be located within 300 feet of a place of worship, school or day-care center.
[5-15-2001 ATM]
E. 
Prohibited uses in Business District B.
[5-6-2013 ATM]
(1) 
Medical marijuana treatment center or similar facility.

§ 201-8.4 Business District C.

A. 
Uses allowed by special permit from the Board of Appeals.
(1) 
Research laboratories with incidental assembly or test manufacture.
(2) 
Light manufacturing enterprises.
(3) 
Building materials salesrooms, utility structures, storage warehouses and buildings, and wholesale distribution plants.
(4) 
Printing or publishing establishments, photographic studios, and medical or dental laboratories.
(5) 
Business or professional offices or banks, and attorneys' offices over 5,000 gross square feet.
(6) 
Restaurants or other places for serving food or alcoholic beverages, provided all food service is confined within the structure.
(7) 
Motels.
(8) 
Theaters contained within a permanent structure, but not outdoor amusement uses, such as golf driving ranges, go-cart tracks, miniature golf courses, drive-in theaters, etc.
(9) 
Salesrooms for automobiles, bicycles, boats, farm implements and similar equipment, but not automobile junkyards.
(10) 
Gasoline service stations, garages and repair shops provided that:
(a) 
Repairs shall be limited to minor repairs and adjustments unless conducted in a building.
(b) 
There shall be no storage of motor vehicles, appliances and equipment on the premises other than those in process of repair or awaiting delivery.
(11) 
Retail store, nursing home or service establishment, the principal activity of which shall be the offering of goods or services at retail within the building, but not mobile home parks or campsites.
(12) 
Cafeterias for employees, parking areas or garages for use of employees, customers, or visitors, and other normal accessory uses.
(13) 
Operation of a business between the hours of 2:00 a.m. and 5:00 a.m.
(14) 
Medical marijuana treatment center or similar facility.
[5-6-2013 ATM]
(a) 
Prohibited in Business District C-3.
(b) 
Any medical marijuana treatment center shall not be located within 500 feet of any lot with a residence, school or day-care facility.
(c) 
Hours of operation shall be set by the Board of Appeals.
(d) 
Special permits shall remain exclusively with the applicant, who shall be the owner or lessee of the premises described in the application. The special permit shall terminate automatically on the date the applicant alienates that title or leasehold interest in the premises.
(e) 
Special permit shall be valid for a period of three years from the date of the decision. It shall be renewed for successive three-year periods provided that a written request for renewal is made to the Board of Appeals not less than three months prior to the expiration of the then-existing three-year period.
[1] 
Publication of notice of said request shall be made in the same manner as would be required for an original application for a special permit. Said notice shall state that the renewal request will be granted unless, prior to the expiration of the then-existing permit, a written objection to the renewal, stating reasons, is received by the Board of Appeals. In the event of such an objection, a hearing on the renewal shall be held and shall proceed in a manner identical to the course of proceedings in connection with an original permit application.
[2] 
The special permit shall remain in effect until the conclusion of the public hearing and decision of the Board of Appeals either granting or denying the special permit renewal. In granting the renewal, the Board of Appeals may impose additional conditions, including, without limiting the foregoing, time limits to correct violations, hours of operation and additional screening, upon which a specific lapse of time without correction or compliance shall result in a revocation of the permit.
(15) 
Marijuana establishments excluding marijuana retailers but including marijuana cultivators, independent testing laboratories, marijuana product manufacturers, and craft marijuana cultivator cooperatives involved in the planting, propagating, cultivation, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging and repackaging, storing, and/or shipping of marijuana accessories, regardless of medical or adult recreational uses, provided there shall be no marijuana retailer involved in the retail sale of recreational adult use marijuana or recreational adult use marijuana accessories from the premises.
[Added 7-25-2020 STM, Art. 5]
B. 
Permitted uses.
(1) 
Educational or religious uses exempt from zoning prohibition by MGL c. 40A, § 3.
(2) 
Agricultural, horticultural and floricultural uses.
(3) 
Attorneys' offices less than, or equal to, 5,000 gross square feet.
[5-13-2002 ATM]

§ 201-9.1 Applicability.

A. 
Building. All buildings in any district shall meet the minimum requirements set forth in this article unless otherwise expressly provided by this bylaw or by MGL c. 40A, § 6.
B. 
Lot change. No lot shall be created nor shall an existing lot be changed in size or shape except through a public taking, or except where otherwise permitted herein, so as to result in violation of the requirements set forth in these intensity of use regulations.

§ 201-9.2 Lot area.

A. 
The minimum size for lots in all districts shall be one acre.
B. 
No part or portion of any lot which is determined by the Conservation Commission to be a coastal or freshwater wetland, as defined by the Wetlands Protection Act (MGL c. 131, § 40) and the regulations promulgated thereunder (310 CMR 10.00), shall be used in determining minimum lot size as required herein, except that this subsection shall not apply to any lot lawfully laid out by plan or deed duly recorded, as defined in MGL c. 41, § 81L, prior to the effective date of this subsection, to any lot shown on a plan endorsed, prior to the effective date of this subsection, with the words, "Approval under the Subdivision Control Law not required" or words of similar import, pursuant to MGL c. 41, § 81P, or to any lot shown on a definitive plan endorsed with the words "Approved under the Subdivision Control Law" or words of similar import, pursuant to MGL c. 41, § 81U, which complied at the time of such recording or endorsement, whichever is earlier, with all of the minimum area requirements set forth in the Zoning Bylaw, except for this subsection; provided, however, that this subsection shall apply to any subdivision under the Subdivision Control Law, aforesaid, submitted to the Planning Board on or after the effective date of this subsection.
C. 
Stormwater management system. No part or portion of any lot which contains any element of a stormwater management system, as defined under § 201-1.2 of this Zoning Bylaw, shall be used toward calculating the minimum lot area required under Subsection A. This subsection shall not apply to any of the following:
[5-13-2002 ATM; amended 5-14-2007 ATM, Art. 17]
(1) 
A building lot lawfully laid out by plan or deed and duly recorded prior to the adoption of the Town's Zoning Bylaw;
(2) 
A building lot for single- or two-family residential use that is eligible for protection from zoning changes that increase lot area requirements under MGL c. 40A, § 6, on the effective date of this subsection, provided that the lot complied with all applicable lot area requirements at the time of its creation;
(3) 
A building lot that is shown on a plan that was duly endorsed as "Approval Not Required" under MGL c. 41, §§ 81L and 81P, prior to the effective date of this subsection, in which case the predecessor requirements of this subsection shall apply; or
(4) 
A building lot shown on a definitive subdivision plan duly endorsed by the Planning Board with the words "Approved under the Subdivision Control Law," or words of similar import, pursuant to MGL c. 41, § 81U, prior to the effective date of this subsection and in which case the applicable predecessor requirements of this subsection shall apply.

§ 201-9.3 Lot frontage, width and shape.

[Amended 5-6-2024 ATM by Art. 44]
A. 
The minimum street frontage shall be 80 feet for all lots in all districts, Street frontage shall be measured at the street line and shall be continuous and uninterrupted.
B. 
The minimum lot width shall be 150 feet in all districts, except in Business Districts A and B, where the minimum lot width shall be 125 feet. Lot width shall be measured through all parts of a primary building and shall be measured parallel to street frontage.
C. 
The minimum straight line distance between any two points on nonintersecting lot lines shall be 40 feet.
D. 
No dwelling may be erected or placed on a lot unless it is located within a circle which has a diameter of at least 150 feet. The circle shall be located within the boundaries of the lot and shall be located entirely on upland.

§ 201-9.4 Required yards.

[5-10-2011 ATM; 5-6-2019 ATM, Art. 30; 5-8-2023 ATM by Art. 42; 5-6-2024 ATM by Art. 44; 5-5-2025 ATM by Art. 37]
A. 
Front yard.
(1) 
No building and/or structure shall be erected, placed or added so as to extend within the following required front yards:
Measured from Front Property Line
Residential A
50 feet
Residential B
35 feet
Business A
15 feet1
Business B-1 to B-8, C-1 to C-3
50 feet
1
Parking areas are prohibited within the front yard setbacks.
(2) 
However, no required yard shall exceed the average yards provided on lots abutting on either side, a vacant lot to be considered as if occupied by a building and/or structure at the minimum yard setback.
(3) 
The front yard setback in each district shall apply to any boundaries of lots which abut and run with a street or way.
B. 
Side and rear yards.
(1) 
In Residential Districts A and B, any structure, as defined under § 201-1.2, shall maintain a minimum setback of 20 feet from any side or rear line. However, a structure that has existed since July 1955, may have an addition to it erected or placed that is located less than 20 feet, but shall be a minimum of 10 feet, from a sideline. Furthermore, in the Residential District B, where abutting the Business District B-5 at the westerly boundary (measuring 950.80 feet), a structure shall maintain a minimum setback of 25 feet. Furthermore, in the Residential Districts A and B, any small detached accessory structure, as defined under § 201-1.2, shall be required to maintain a minimum setback of five feet from any adjacent boundary line.
(2) 
In business districts, no building and/or structure shall be erected, placed or added to within 10 feet of the side line or 20 feet of the rear line of any lot. In any business district contiguous to a residential district, no building and/or structure shall be erected, placed or added to unless such building and/or structure as erected, placed or added to is set back from the boundary line delineating said business district a distance equal to not less than 20% of the distance of the said boundary line from the way line of the public way from which the depth of such business district is measured; provided, however, that such setback shall not be required to be more than 100 feet. For purposes of this subsection, Business Districts A and B shall not be considered contiguous to any residential district if the business district and the residential district are separated by a public way.
(3) 
Excepted from this provision is Business District B-5 only. No building and/or structure in this district shall be erected, placed or added to unless such building and/or structure is set back from the easterly boundary line (measuring 950.80 feet) a distance of 25 feet.

§ 201-9.5 (Reserved) [1]

[1]
[Editor's Note: Former § 201-9.5, Lot shape, was repealed 5-6-2024 ATM by Art. 44.

§ 201-9.6 Height restrictions.

A. 
No building and/or structure shall be erected or altered to exceed 2 1/2 stories in height, or 34 feet, in any residential district and Business Districts A and B or three stories, or 40 feet, in Business District C, nor shall any dwelling unit in a business district exceed 2 1/2 stories, or 34 feet, in height. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the building and/or structure height limits by a maximum of 10 feet.
B. 
Poles, tanks, towers and other projections not attached to a building and/or structure shall not exceed the maximum allowed building and/or structure height unless approved by a special permit.

§ 201-9.7 Single-family retreat lot.

[Added 5-6-2024 ATM by Art. 43]
A parcel of land shall be considered to be a conforming, buildable lot for a single-family dwelling use (which shall include allowed accessory uses, including an accessory dwelling unit that complies with the Zoning Bylaw), even if the parcel does not have the full 80 feet of frontage required under § 201-9.3A, provided that the parcel shall:
A. 
Have a minimum of two acres of land, with at least one acre of upland;
B. 
Have a minimum of 40 feet of frontage, measured at the street line;
C. 
Have a minimum of 40 feet of lot width, measured at the street line and at all points between the street frontage and the closest portion of the single-family dwelling that faces the street frontage;
D. 
Take its physical access from the street frontage to the single-family dwelling, unless a lawful common driveway is in place; and
E. 
Conform to all of the requirements of § 201-9, except for the eighty-foot frontage requirement, and all other applicable zoning requirements, including stormwater control requirements. Demonstration of dimensional conformance shall be shown on a plan prepared and stamped by a licensed professional land surveyor and provided to the Building Department before any building permit issues and before an occupancy permit issues.

§ 201-10.1 Building coverage.

Buildings and/or structures shall not be erected, added to, or changed to bank or restaurant use so as to exceed the following percentage of lot area* (or in the case of mixed uses, the pro rata portion of lot area*) to be covered by buildings and/or structures:
Banks and restaurants
12%
Other uses
Business District C-2 [as defined in § 201-6.2E(2)]
24.5%
All other business districts
18%
*
Exclusive of land in a Residential or a Floodplain, Watershed and Wetlands Protection District.

§ 201-10.2 Open space area.

Not less than 1/3 of the lot area shall be free of structures, paving, storage areas, or other elements which preclude vegetation.

§ 201-11.1 Business setback.

All structures for business uses in the Business C District shall be at least 300 feet distance from residences located in a residential district, and shall be adequately screened therefrom by trees and shrubs.

§ 201-11.2 Route 3 buffer zone.

[5-15-2000 ATM]
In all districts, all natural vegetation will remain undisturbed within 100 feet of the way line of the State Highway (Route 3) from the Third Herring Brook to the North River.

§ 201-11.3 Setback of street paving from lot lines.

[5-17-2010 ATM, Art. 36]
Street setback requires that the edge of pavement for subdivision streets or other egress for new developments shall be set back a minimum of 10 feet from abutting lot lines. Curb, berm, sidewalk and other supporting roadway features shall be allowed within said setback distance.