Footnotes to Table I: (amended 5/20/1998)

(1)

1.

No buildings are located within one hundred (100) feet of a district boundary line.

2.

Animals permitted to graze closer than one hundred (100) feet of a district boundary line are enclosed by fencing.

3.

Logging equipment, spraying equipment, vehicles or other equipment necessary for these uses is stored in an enclosure subject to the provisions of 1. above.

4.

Repair of vehicles and equipment permitted in (3) above is conducted within an enclosure except for emergency repairs.

(2)

1.

The profession or customary home occupation is conducted by a resident of the premises.

2.

The use is clearly incidental to and secondary to the use as a residence and not in excess of twenty-five (25) percent of the floor area of any one floor.

3.

Not more than two (2) persons, other than residents of the premises are regularly employed in connection with such use.

(3)

Such uses are permitted provided that:

1.

No noise, vibration, smoke, dust, odors, heat, glare, unsightliness or other nuisance is produced which is discernible from other properties.

2.

There is no public display of goods or wares and no signs except as permitted in Section VII E.

3.

There is no exterior storage of material or equipment and no exterior evidence of a non- residential use of the premises, except signs as permitted in Section VII E.

4.

There is adequate off-street parking for any employee or visitors in connection with such use in accord with Section VII D.

(4)

1.

A nursing home facility either exists on the premises or is located within 800 feet thereof.

2.

Notwithstanding the maximum and minimum conditions set forth in Section VII, Table II:

a.

No building shall exceed three (3) stories in height.

b.

The maximum lot coverage of a lot occupied exclusively by either a continuing/continuum care retirement community or a nursing home associated shall not exceed 20% of the lot area.

c.

When attached to a nursing home, the minimum side and rear yard requirements shall not apply to those lot lines located between a continuing/continuum care retirement community and the nursing home associated therewith when located upon separate contiguous lots.

(5)

MF-1 — Multi-family structures in accordance with the provisions of Table II provided that each dwelling unit has two (2) exterior exposures; each structure contains not more than twelve (12) dwelling units unless each unit has a ground level floor in which case the structure shall contain not more than eight (8) dwelling units; multiple structures, excluding detached accessory structures, shall be separated by a minimum distance of fifty (50) feet, except that structures equipped throughout with an approved automatic sprinkler system may be separated by a minimum distance of twenty (20) feet; and provided further that: (amended 5/19/2005)

1.

All off-street parking areas as required under Section VII D shall be provided, none of which shall be in the required yards.

2.

On-site recreational facilities shall be provided in an amount and type compatible with the proposed size of the development.

3.

Single developments shall not exceed 125 living units.

4.

Site development shall be in accordance with the applicable provisions of the Planning Board's current Subdivision Rules and Regulations regarding utilities, drainage, parking areas and roadways.

5.

Due consideration is given to reducing the impact of the development on abutting properties with respect to traffic, lighting, location of recreational facilities, yard requirements and screening.

6.

All access ways to and from the site shall be privately maintained.

7.

A site plan has been prepared in accordance with the provisions of Section VII F.

8.

Final development plans are substantially consistent with the proposals presented to the Town at the time of rezoning

(6)

MF-2 — Multi-family townhouse-type structures in accordance with the provisions of Table II provided each living unit has a ground level floor, front and rear exposures and the connected living units do not exceed 8 in any one building. Buildings, excluding detached accessory structures, shall be separated by at least fifty (50) feet, except that structures equipped throughout with an approved automatic sprinkler system may be separated by a minimum distance of twenty (20) feet, and provided further that: (amended 5/19/2005)

1.

Conditions 1 through 8 for MF-1 are met.

2.

Density of development shall not exceed 1 living unit/10,000 square feet of land area.

(7)

1.

Each dwelling unit shall have at least one (1) exposure.

2.

All off-street parking areas as required under Section VII D shall be at the side of, rear of or beneath buildings.

3.

A site plan has been prepared in accordance with the provisions of Section VII F.

4.

When more than one (1) structure is to be constructed, the allocation of land for buildings and site improvements shall be in accordance with the Planning Board's Subdivision Rules and Regulations in effect at that time.

(8)

Uses shall comply with Section VI B, Conditions for Approval in the Limited Industrial District.

(9)

1.

Repairs shall be limited to minor repairs and adjustments unless conducted in a building.

2.

There shall be no storage of motor vehicles, appliances and equipment on the premises other than those in process of repair or awaiting delivery or in an enclosed structure or area.

3.

No vehicular entrance or exit to the premises used for such purposes shall be within five hundred (500) feet of a lot used for a school, church, hospital, public library, public playground or park, providing such uses are used on a regular basis at least eight (8) months a year.

(10)

Deleted 11/13/2001

(11)

Provided that such activities will not be offensive, injurious or noxious because of sewerage and refuse, vibration, smoke or gas, fumes, dust or dirt, odors, danger of combustion or unsightliness.

(12)

Providing that all loading and unloading is done at the rear or side of the building. The Planning Board may grant a Special Permit to allow loading and unloading at the front of the building within the Limited Industrial District. (amended 5/21/2022)

(13)

1.

An open space area shall be provided about the perimeter of the lot at least 10 feet in width excluding entrances and exits. Contiguous residential properties shall be screened by a solid fence 5 feet high or a dense planting of evergreens which are 4 feet in height at the time of planting.

2.

Only one (1) means of entrance or exit shall be provided on any one (1) street. Combined entrances and exits shall not exceed 30 feet in width, and isolated entrances/exits shall not exceed 15 feet in width.

3.

Hours of business operation shall be limited and all business must be conducted within the building.

4.

All mechanical equipment accessory to the building shall be fully enclosed within the building, and all noise generators shall be muffled or silenced to cause the least amount of inconvenience to abutting residents.

5.

The building shall house one business only.

6.

All exterior lighting shall be directed onto the lot and away from abutting properties.

7.

Whenever the use changes, a new permit must be obtained from the Board of Appeals.

(14)

In Non-residential districts, and where otherwise indicated, uses permitted by right as designated by the letter "Y" require submission of a site plan as provided in Section VII F.

(15)

Subject to all conditions for approval required of uses in a Limited Industrial District, Section VI B.

(16)

No special permit may be granted for any Adult Bookstore, Adult Motion Picture Theater, Adult Paraphernalia Store, Adult Video Store, or Establishment Which Displays Live Nudity for its Patrons, unless the following conditions are satisfied:

1.

No Adult Bookstore, Adult Motion Picture Theater, Adult Paraphernalia Store, Adult Video Store, or Establishment Which Displays Live Nudity for its Patrons may be located less than one thousand (1,000) feet from a school, library, church or other religious use, child care facility, park, playground, or recreational area, nor shall any such establishment be located less than two thousand (2,000) feet from another such establishment or less than two hundred (200) feet from a residence in a residential district. Distance shall be measured as the shortest distance between buildings, or as the shortest distance between the building of the adult use and the lot line of a park, playground, or recreational area.

2.

Any existing Adult Bookstore, Adult Motion Picture Theater, Adult Paraphernalia Store, Adult Video Store, or Establishment Which Displays Live Nudity for its Patrons shall apply for such special permit as a condition of its continued operation at such location within ninety (90) days following the adoption of this by-law.

3.

No special permit shall be issued to any person convicted of violating the provisions of M.G.L. c. 119, § 63 or M.G.L. c. 272, § 28.

4.

Any pictures, publications, videotapes, movies, covers, or other implements, items, or advertising that fall within the definition of Adult Bookstore, Adult Video Store, Adult Paraphernalia Store, Adult Motion Picture Theater or Establishment Which Displays Live Nudity for its Patrons, or are erotic, prurient or related to violence, sadism or sexual exploitation, shall neither be displayed in the windows of, or on the building of any Adult Bookstore, Adult Video Store, Adult Paraphernalia Store, Adult Motion Picture Theater, or Establishment Which Displays Live Nudity for its Patrons, nor be visible to the public from pedestrian sidewalks or walkways, or from other areas, public or semi-public, outside such establishments.

5.

These provisions are adopted pursuant to the powers granted municipalities in M.G.L. c. 40A §9A.

(17)

Utility structures of two hundred (200) square feet or less are permitted by right in all districts.

(18)

Wireless Telecommunications Towers and Facilities shall be no higher than one hundred fifty (150) feet above the surrounding grade. (amended 10/18/2021)

(19)

This provision shall not apply to property used for municipal purposes, to properties that are legally occupied for business purposes or by recreational or institutional uses, and to farm vehicles, recreational vehicles, recreational trailers, or motor homes.

(20)

Notwithstanding the maximum and minimum conditions set forth in Section VII, Table II, relative to Rural AA, Rural A, Rural B, Residence A, Residence B-1 and Residence B-2 Districts, a lot developed exclusively for assisted living within these zoning districts shall have a lot coverage of not more than twenty percent (20%) of its lot area and shall maintain at least fifty percent (50%) of its lot area as open space. All other dimensional requirements of Table II shall apply to lots developed for said use. (amended 5/19/10, 5/16/2015)

(21)

Deleted 10/18/2021

(22)

No special permit shall be granted for any Body Art Establishment, unless the following conditions are satisfied: (amended 11/13/2001)

Body art shall neither be displayed in the windows of, or on the building of any such establishment, nor be visible to the public from pedestrian sidewalks or walkways, or from other areas, public or semi-public, outside such establishments.

(23)

Senior Housing — Single family, Two-family or Multi-family townhouse-type structures in accordance with the provisions of Table II Multi-Family Residential MF-1 provided each living unit has a ground level floor, front and rear exposures and the connected living units do not exceed 6 in any one building. Buildings, excluding detached accessory structures, shall be separated by at least fifty (50) feet, except that structures equipped throughout with an approved automatic sprinkler system may be separated by a minimum distance of twenty (20) feet, and provided further that: (amended 5/22/2002, 5/19/2005)

1.

Conditions 1 through 7 of Footnote 5 shall be satisfied.

2.

Density of development shall not exceed 1 living unit/10,000 square feet of land area.

(24)

Deleted 5/19/2005

(25)

Deleted 5/22/2008

(26)

Deleted 5/15/2023

(27)

Banking machines as stand-alone structures, adult bookstores, adult motion picture theaters, adult paraphernalia stores, adult video stores, or establishments which display live nudity for its patrons shall be prohibited within the Commercial Business (CB) and Limited Business (LB) districts identified on the map included in Section VII, Subsection M - Lakeway Overlay District, Entitled "LAKEWAY OVERLAY DISTRICT, TOWN OF SHREWSBURY". (amended 5/19/2004, 5/20/2015)

(28)

Subject to Section VII, Section K, if five or more dwelling units or lots. (10/11/05)

(29)

Prohibited in the Limited Business District in that portion which lies within the Edgemere Village Overlay District. (added 10/11/2005)

(30)

Prohibited in the Commercial Business District in that portion which lies within the Route 20 Overlay District. (added 10/11/2005)

(31)

Other than agricultural operations meeting exemption standards under Chapter 40A, Section 3. (added 5/21/2014)

(32)

Restaurants with Indoor and Outdoor Service shall be subject to review and approval by the Town's Licensing Authority. (added 10/18/2021)

(33)

Battery Energy Storage Facilities only, Large Scale Ground Mounted Solar Photovoltaic installations shall not be allowed. (added 5/15/2023)

a.

Building construction:

All buildings shall be of a construction prescribed by the Commonwealth of Massachusetts State Building Code.

b.

Odor, dust and smoke:

No such emissions shall be discernible beyond the property line or, in the case of an industrial park development or a multiple use of the property, beyond one hundred (100) feet of the building generating the emission, except that in no case shall the discharge from any source exceed the following limits:

(1)

Smoke measured at the point of discharge into the air shall not exceed a density of No. 1 on the Ringlemen Smoke Chart as published by the U. S. Bureau of Mines, except that a smoke of a density not darker than No. 2 on the Ringlemen Chart may be emitted for not more than three (3) minutes in any one (1) hour.

(2)

Lime dust, as CaO, measured at the property line of any lot on which the activity creates such dust, shall not exceed ten (10) micrograms per cubic meter of air.

(3)

Total particulate matter measured at all stacks or other points of emission to the air shall not exceed thirty (30) grams per hour per acre of land included in the lot.

(4)

All measurements of air pollution shall be by the procedures, and with equipment approved by the Building Inspector, which procedures and equipment shall be of the latest generally recognized development and design readily available.

(5)

No open burning is permitted.

c.

Noise:

All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness at any time of the day or night. When measured at the zoning district lines dividing the residential and non-residential zones, a facility shall not increase noise greater than ten (10) dba above the ambient sound level between 7:00 P.M. and 7:00 A.M., local time. If the lot line of the lot in question extend into the residential zones, then the measurements shall be taken on the lot lines. In making this determination, the Zoning Enforcement Officer shall follow guidelines established by the Massachusetts Department of Environmental Protection.

d.

Heat, glare, vibration and radiation:

No heat, glare or vibration shall be discernible from the outside of any structure, and all radiation shall be contained within a structure unless otherwise licensed by the Commonwealth of Massachusetts.

e.

Exterior lighting:

No exterior lighting, other than street lighting approved by the Selectmen, shall shine on adjacent properties or towards any street.

f.

Storage:

All materials, supplies and equipment shall be stored in accord with Fire Prevention Standards of the National Board of Fire Underwriters and shall be screened from view from public ways or abutting properties.

g.

Waste disposal and water supply:

Regulations of the Massachusetts Department of Environmental Quality Engineering shall be met and shall be indicated on the approved site plan.

h.

Screening, surfacing, parking and signs:

As provided in Section VII of this Bylaw.

a.

The construction or siting of facilities, as defined in M.G.L. Chapter 111, Section 150A and 310 CMR 16.00 and 19.00, as each may be amended from time to time, for the storage, transfer, processing, treatment or disposal of solid waste; and the construction and siting of facilities as defined in M.G.L. Chapter 111, Section 150B, and M.G.L. Chapters 21C and 21D, and 310 CMR 30.00, as each may be amended from time to time, for the storage, treatment, dewatering, refining, incineration, reclamation, stabilization, solidification, disposal or recycling of hazardous waste, including those wastes defined in 310 CMR 30.200, as amended from time to time.

1.

Procedures for the issuance of special permits:

Each application for a special permit under this section shall be filed with the Office of the Shrewsbury Town Clerk who shall forthwith transmit it to the Special Permit Granting Authority (Shrewsbury Planning Board). Each application shall be accompanied by nine (9) copies of all required and/or supporting information and plans concerning the proposed use. The application for the special permit shall include the following:

a.

A site plan, prepared by a Massachusetts Registered Professional Engineer and/or Professional Land Surveyor, showing the following:

1.

Existing property boundaries within 500 ft. of the property lines showing existing structures and uses, surface water bodies, wetland and flood plains, wells, septic systems and sewer and water lines.

2.

Existing and proposed topography within 500 ft. of the proposed site and the maximum seasonal groundwater elevation on the proposed site.

3.

Existing and proposed structures and buildings on the proposed site.

4.

All impervious areas and those left in a natural state.

5.

All facilities and means for the control and discharge of surface water, subsurface water and waste water.

6.

A detailed description of the proposed facility, its proposed uses, processes and equipment is to be provided along with the qualifications and experience of the applicant in managing and operating such a facility, including a listing of all similar facilities operated or closed by the applicant within the past 10 years.

7.

A detailed description of the plan for the closure of the facility at the end of its operating life and a plan for its post-closure maintenance.

8.

The results of baseline environmental sampling for the parameters listed in 310 CMR 19.132 as well as noise and odor.

9.

A complete list of all hazardous materials and/or hazardous wastes to be stored, transferred, processed, treated, disposed or recycled at the facility and a description of the measures proposed for the protection of the facility and the on- site hazardous material/waste from vandalism, corrosion, leakage or fire.

The list shall identify hazardous materials and/or hazardous waste by hazardous constituent, quantities anticipated to be maintained on the site and the estimated through-put quantity of the facility on an annual basis.

Procedures for preventing or containing spills, discharges and explosions and emergency medical procedures in the event of an accident or accidental discharge, shall also be submitted.

10.

A Plan for vector control.

b.

An environmental impact report shall be submitted with the application. The report shall address the impact that the proposed facility will have upon the following: environment, traffic, public services and utilities, adjoining properties, public health, noise, odors, environmentally sensitive areas such as aquifers for existing or potential public or private water supplies, surface water bodies, air and soil.

The report shall be prepared by a qualified environmental firm with proven experience in those areas and shall fully demonstrate that the proposed facility meets all current applicable rules and regulations of the Department of Environmental Protection. The Planning Board may, at the expense of the applicant, submit the impact report to a qualified independent environmental firm for analysis to ensure a fair, proper and complete review and assessment of the proposal.

2.

Prior to the issuance of a special permit under this section, the applicant shall provide to the Planning Board evidence of insurance demonstrating the existence of Environmental Impairment Liability insurance (for third-party liability); First Party Remediation insurance (for first-party non-polluter coverage) and Finite Risk Plan insurance (for first-party polluter coverage) in such amounts in each case as the Planning Board may reasonably require or such other evidence as the Planning Board may accept.

A special permit holder shall at all times be obligated to maintain financial resources adequate to comply with all the provisions of the special permit, including closure of all or a portion of the facility, as well as the post-closure maintenance costs. In addition, the holder shall annually submit to the Planning Board an estimate of the fair market cost of having the closure plan and post-closure maintenance plan fully implemented by a third party respondent. The Planning Board may, at the expense of the applicant, submit the annual estimate for implementing the closure plan to a qualified, independent firm for analysis of its adequacy.

The Planning Board shall require assurance of such financial resources by use of one or more of the approved financial assurance mechanisms set forth in 310 CMR 19.051 (12) and 30.904 (1-6), including but not limited to a trust fund, surety or performance bond or an irrevocable standby letter of credit or such other assurance that is adequate to cover the cost of closure.

The approved financial assurance mechanism shall be structured so that the Town of Shrewsbury shall be a party to said mechanism to the extent that it shall have the right to obtain exclusive direction and control over the transfer, use and disbursement of the secured funds, or performance benefits, upon or after the default of the permit holder. The Town shall use the funds to implement the approved closure plan or to undertake post-closure maintenance or as reimbursement for costs incurred for performing closure and/or post-closure maintenance work upon its determination that the owner or operator has failed in whole or in part to meet closure or post-closure requirements in accordance with the provisions of the special permit.

A special permit holder who is required to provide such financial assurances to the Massachusetts Department of Environmental Protection shall be exempt from providing the same assurance to the Town of Shrewsbury. However, the special permit holder shall be required to furnish proof to the Planning Board that such financial assurance has been provided to the Department of Environmental Protection.

3.

The Planning Board shall refer copies of the special permit application and any supporting materials to the Building Inspector, Board of Health, Conservation Commission, Town Engineer, Water Department, Fire Department and any other Board or Department deemed appropriate.

These persons and boards shall review the application and shall submit their comments and recommendations to the Planning Board, in writing, within thirty-five days of receipt of said application and materials.

4.

After the required notice and public hearing and after consideration of the reports and recommendations of the town boards and departments, the Planning Board may grant a special permit provided that it determines that the proposed use:

a.

Is in harmony with the purpose and intent of this bylaw.

b.

Is appropriate to the natural topography, soils, air, water and other characteristics of the site to be developed.

c.

Will not, during construction or thereafter, have a significant environmental impact and/or public health risk.

d.

Will not be detrimental to the public good.

e.

Will not be detrimental to the neighborhood.

f.

Will not be a hazard or harmful, or a potential hazard or danger, because of toxic or corrosive fumes, smoke, gas, odors or liquids, because of offensive liquids or gas, because of objectionable effluent or emissions, because of dust, smoke, gas, vibration or other reasons which may affect or impair the normal use and enjoyment of any property.

In making such determination, the Planning Board shall give consideration to the reliability and feasibility of the environmental control measures proposed and the degree of threat to the environment and public health which would result if the control measures failed.

5.

In granting a special permit, the Planning Board may attach such conditions as they deem reasonable in maintaining and enforcing the purpose and intent of the bylaw, such as the installation of monitoring wells with a periodic sampling program, a site evaluation conducted at the time of the closure of the facility that compares initial baseline sampling to the conditions existing at the time of closure, conservation easements, performance bonds, etc.

6.

Any use allowed in this section shall be subject to all other provisions of this bylaw and no building permit or occupancy permit shall be granted or the facility allowed to be operated until all necessary permits have been granted and the use or structure complies with all state and local requirements, including but not limited to, applicable site assignment requirements.

7.

Notwithstanding the provisions of Section IV of this bylaw, any use that is rendered nonconforming by adoption of this section may continue provided, however, that any change, alteration, reconstruction, expansion or enlargement of such nonconforming use is subject to the issuance of a special permit by the Planning Board.

In considering such special permit applications under this section, the Planning Board shall not grant approval unless it finds that the proposed change, alteration, reconstruction, expansion or enlargement of such nonconforming use will not be substantially more detrimental to the neighborhood than the existing non-conforming use.

1.

Purpose

The purpose of this section is to promote and protect the public health, safety and welfare by protecting aquifers and recharge areas serving an existing or potential public water supply from contamination.

2.

Applicability (amended 5/24/2012)

For the purposes of this By-law, there are hereby established within the Town an Aquifer Protection Overlay District, consisting of aquifers and/or aquifer recharge areas, which is delineated on a map titled "Shrewsbury Aquifer Protection Overlay District"; prepared by the Town of Shrewsbury Engineering Department; and dated April 5, 2012. This map is hereby made a part of the Town of Shrewsbury's Zoning By-law and is on file in the Town Clerk's office.

The Aquifer Protection Overlay District shall be considered as overlying other zoning districts. Any area within the Aquifer Protection Overlay District is subject to the more restrictive designation of either the overlay district or the underlying district. Uses not permitted in the underlying districts shall not be permitted in the overlay districts.

Where the bounds of the Aquifer Protection Overlay District are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where the bounds should properly be located, based on the criteria stated above. Resolution of boundary disputes shall be through a Special Permit application to the Planning Board. At their own expense, property owners may engage a hydro geologist or other qualified professional to determine more accurately the location and extent of an aquifer or recharge area. In all cases, the determination of the location and extent of the Aquifer Protection Overlay District shall be based upon the criteria in this section. For parcels partially located in an Aquifer Protection Overlay District or split between two Zones, the provisions of Section III.D. of this By-law shall apply.

3.

Permitted Uses (amended 10/22/2018)

a)

The following uses shall be permitted by right in Zone 1:

1.

Conservation of soil, water, plants and wildlife.

2.

Outdoor recreation, including boating, fishing, nature study and hunting where legally permitted.

3.

Foot, bicycle and horse paths.

4.

Normal operation, maintenance, expansion and treatment of existing water bodies and dams, splash boards, public water utilities and other water control, supply, or conservation devices, and the use and storage of chemicals accessory to said utilities.

5.

Farming, gardening, nursery, forestry, harvesting and grazing use.

6.

Repairs to septic systems made in accordance with a permit from the Board of Health.

b)

The following uses shall be permitted by right in Zone 2:

1.

All uses permitted in Zone 1, listed in Section 4 (a) 1-5.

2.

Any residential or non-residential use permitted in the underlying zoning district, unless otherwise regulated by the provisions of this Section VI(K), provided that no more than fifteen percent (15%) of the lot area or 2,500 square feet is rendered impervious.

3.

The alteration or expansion of residential uses existing on the effective date of this By-law, provided that such alteration or expansion shall not increase the total amount of impervious area to more than fifteen percent (15%) of the lot area or 2,500 square feet.

4.

Installation or expansion of a septic system for disposal of sanitary wastes provided the required flows do not exceed 660 gallons per day on a lot. Greater flows shall require a land area of 10,000 square feet per 110 gallons of daily wastewater flow.

Repairs to septic systems made at the order of the Board of Health shall not be subject to the land area requirement unless there is an expansion of the system required by a greater flow.

5.

Any Single Family or Two Family Dwelling permitted in the underlying zoning district with an impervious area exceeding fifteen percent (15%) of the lot area or 2,500 square feet provided that stormwater runoff must be artificially recharged into the aquifer. This may be done through such methods as dry wells, infiltration trenches, retention basins, etc. The method of artificially recharge shall be reviewed by the Town Engineer and approved by the Building Inspector.

c)

The following uses shall be permitted by right in Zone 3:

1.

All uses permitted in Zone 1, listed in Section 4 (a), 1 to 5.

2.

Uses permitted in Zone 2, listed in Section 4 (b) 2 and 3, provided that for residential and non-residential uses no more than fifteen percent (15%) of the lot area or 2,500 square feet is rendered impervious.

3.

Installation, expansion or repair of a septic system for disposal of sanitary wastes, subject to the normal requirements of the Board of Health.

4.

Any Single Family or Two Family Dwelling permitted in the underlying zoning district with an impervious area exceeding fifteen percent (15%) of the lot area or 2,500 square feet provided that stormwater runoff must be artificially recharged into the aquifer. This may be done through such methods as dry wells, infiltration trenches, retention basins, etc. The method of artificially recharge shall be reviewed by the Town Engineer and approved by the Building Inspector.

4.

Special Permit Uses

The following uses shall be permitted with the issuance of a Special Permit. The Special Permit Granting Authority for uses under this section shall be the Planning Board.

a)

The following uses are permitted with the issuance of a Special Permit in Zone l:

1.

Filling, stockpiling or placement of earthen materials, whether for temporary storage or permanent use.

b)

The following uses are permitted with the issuance of a Special Permit in Zone 2:

1.

New residential uses with an impervious area exceeding fifteen percent (15%) of the lot area or 2,500 square feet, or expansion of existing residential uses resulting in an impervious area exceeding fifteen percent (15%) of the lot area or 2,500 square feet.

2.

Non-residential uses, permitted in the underlying zoning district, which involve the above ground storage or use of hazardous materials.

3.

Filling, stockpiling or placement of earthen materials covering greater than 5,000 square feet of land area, or 500 cubic yards.

4.

Non-residential uses resulting in an impervious area greater than fifteen percent (15%) of the lot area or 2,500 square feet.

5.

Marine related service, repair and storage.

c)

The following uses are permitted with the issuance of a Special Permit in Zone 3:

1.

Uses permitted by Special Permit in Zone 2, listed in Section 5 (b) 1-5.

2.

Any use involving on-site disposal of process or non-sanitary wastes.

3.

Underground storage of hazardous materials.

4.

Auto-related service, repair and storage.

5.

Manufacturing or use of hazardous materials.

6.

Dumping of snow containing de-icing chemicals.

5.

Prohibited Uses

a)

The following uses are prohibited in Zone 1:

1.

Disposal or processing of solid or hazardous waste, including, but not limited to, landfills, transfer stations, etc.

2.

Junkyard/salvage yard.

3.

Septage lagoon or wastewater treatment plant.

4.

Any use involving the manufacture, generation, storage or use of hazardous materials, including hazardous wastes.

5.

On-site disposal of process or non-sanitary wastes except for installation or expansion of septic systems.

6.

Underground storage of hazardous materials, including home heating fuel. No portion of a storage tank may be below the ground.

7.

Application of road salt or other deicing chemicals to parking lots and travel ways containing five (5) or more parking spaces.

8.

Dumping of snow containing deicing chemicals.

9.

Storage of Sludge and Septage.

10.

Any commercial or industrial development.

11.

Non-residential applications of pesticides, herbicides or fertilizer.

12.

Commercial earth removal.

b)

The following uses are prohibited in Zone 2:

1.

Uses prohibited in Zone 1, listed in Section 6 (a) 1-4 and 6-9.

2.

On-site disposal of process or non-sanitary wastewater.

3.

Any use involving the manufacture of hazardous materials.

c)

The following uses are prohibited in Zone 3:

1.

Uses prohibited in Zone 1, listed in Section 6 (a) 2, 3 and 9.

2.

Underground storage of home heating fuel.

3.

Disposal or processing of hazardous waste.

6.

Design Criteria

All uses listed below, where permitted by this By-law, must meet the following standards when located within the Aquifer Protection Overlay District.

a)

Earth Removal/Grading

Any earth removal or land disturbing activity within the overlay district may not be less than five feet above the maximum seasonal groundwater elevation, except in association with a valid building permit or disposal works construction permit. Such earth removal or grading must employ appropriate measures to control erosion and siltation.

b)

Filling

All fill material must be clean and free from hazardous materials, construction debris, and other material whose leachate would be a potential contamination hazard to ground or surface waters. The source of all potential fill must be reported in the Special Permit application.

c)

Hazardous Material Storage

Hazardous materials stored above ground must be located on an impervious, chemical-resistant surface. The storage area must be equipped with a secondary containment system designed to prevent the material from reaching groundwater in the event of a leak or spill. The containment system must be able to contain l25% of the tank's contents.

d)

Impervious Areas

For uses with impervious areas greater than that specified by this By-law, appropriate measures must be taken to insure that the increase in stormwater runoff (over that amount generated by a lot with the specified impervious area) must be artificially recharged into the aquifer. This may be done through such methods as dry wells, infiltration trenches, retention basins, etc.

e)

On-site Disposal of Non-Sanitary or Process Wastewater within Zone III

Any use involving on-site non-sanitary waste water disposal may not result in the lowering of groundwater quality at the down gradient property line below Massachusetts drinking water standards (314 CMR 6.00). If the ambient groundwater quality is already below these standards, the proposed use may not result in further degradation of groundwater quality. The Planning Board may require, as a Special Permit condition, means such as monitoring wells to insure that these standards are met.

f)

Stormwater Management

All stormwater management facilities must be designed for the twenty-five (25) year storm and designed to insure that the rate of runoff leaving the site does not exceed the rate of runoff in the predevelopment state. Runoff from paved areas over one acre in size shall include facilities for trapping oil, gas and other contaminants before recharge into the ground. These facilities shall be maintained by the owner on an annual basis.

g)

Underground Storage Tanks

All underground storage tanks must be constructed and installed and maintained in a manner which prevents groundwater contamination. No underground tank may be installed unless such tank:

1.

Will prevent leakage due to corrosion or structural failure for the operational life of the tank;

2.

Is lined with a material compatible with the substance to be stored; and

3.

Complies with all state and local requirements for the composition and installation of underground tanks.

h)

Storage of Deicing Chemicals

Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow shall be stored within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

i)

Storage of Commercial Fertilizers

Such storage shall be within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

j)

Storage of Animal Manures

Such storage shall be within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

7.

Nonconforming Uses

Notwithstanding the provisions of Section IV of this By-law any use that is made nonconforming by the adoption of this Section may continue, provided, however, that any change, alteration, reconstruction, expansion or enlargement of such nonconforming use is subject to the issuance of a Special Permit by the Planning Board. Single and two-family dwellings are specifically exempt from the provisions of Section 8 Nonconforming Uses.

In considering Special Permit requests for expansion of nonconforming uses under this Section, the Planning Board shall not grant approval unless it finds that the proposed expansion will not be substantially more detrimental to groundwater supplies than the existing use.

8.

Procedures for issuance of Special Permits

a)

Each application for a Special Permit under this Section shall be filed with the Town Clerk for transmittal to the Special Permit Granting Authority (Planning Board), and shall be accompanied by seven (7) copies of any supporting information and plans concerning the proposed use.

b)

The plan accompanying the Special Permit application shall be prepared by a Registered Professional Engineer and/or Professional Land Surveyor, as appropriate, and shall include:

existing property boundaries,

existing and proposed topography,

existing and proposed structures and buildings,

all facilities for surface drainage and erosion control,

all impervious areas, and those areas left in a natural state.

The following shall also be submitted:

A complete list of all potentially toxic or hazardous material to be used, generated or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect from vandalism, corrosion, leakage and spills.

Analysis of the site conditions and potential impact of the proposed project by a qualified hydro geologist with proven experience in groundwater evaluation, if so required by the Planning Board.

c)

The Planning Board shall refer copies of the Special Permit application and any supporting materials to the Building Inspector, Board of Health, Conservation Commission, Town Engineer, Water Department, and any other Board or Department deemed appropriate. These persons and Boards shall review the application and submit their comments and recommendations to the Planning Board. Failure to respond in writing within thirty-five days of the referral of the application shall be deemed lack of opposition.

d)

The Planning Board shall hold a public hearing on the application, in conformity with the provisions of M.G.L. Ch 40A, within sixty-five days of the filing of the application.

e)

After the required notice and public hearing, and after consideration of the reports and recommendations of the Town Boards and Departments, the Planning Board may grant a Special Permit provided that it determines that the proposed use:

(i)

is in harmony with the purpose and intent of this By-law and will promote the purposes of the Aquifer Protection Overlay District;

(ii)

is appropriate to the natural topography, soils, and other characteristics of the site to be developed;

(iii)

will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge area; and

(iv)

will not adversely affect an existing or potential public water supply. In making such determination, the Planning Board shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures failed.

f)

In granting a Special Permit, the Planning Board may attach such conditions as they deem reasonable and appropriate in maintaining and enforcing the purpose and intent of this By-law, such as a performance bond, monitoring wells, conservation easements, etc.

g)

The applicant, for one or two-family dwellings, or a professional engineer for all other uses, must certify in writing to the Building Inspector that any and all Special Permit conditions have been complied with prior to the issuance of an occupancy permit for the use or structure.