Townsend City Zoning Code

The creation of an accessory dwelling unit involving the construction of a new primary or accessory structure, or an increase in the height or footprint of an existing structure, shall require Site Plan Approval under § 145-42.1 of this bylaw.

The creation of an accessory apartment that does not include the construction of a new building or an addition on an existing building shall not require Site Plan Approval.

In no case shall there be more than one accessory apartment established on a lot.

An accessory apartment, whether attached to the primary residence or located in a secondary structure, is accessory to the principal residence.

The gross floor area of an accessory apartment shall be the lesser of (1) 900 square feet or (2) 50% of the gross floor area of the principal residence.

Adequate provisions shall be made for off-street parking of motor vehicles in such a fashion as is consistent with the character of a single-family residence. One parking space must be provided for the use of the accessory apartment.

Adequate provision must be provided for the disposal of sewage, waste and drainage of such accessory dwelling unit in accordance with the requirements of the Board of Health. The applicant shall obtain and submit to the Building Commissioner a written report of the Board of Health explaining that the changes, if any, to the existing septic system necessary for the existing and proposed units to conform to the requirements of the state sanitary code have been agreed to by the applicant.

An accessory apartment shall have its own separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress.

Any accessory apartment intended for occupancy by a person with a disability shall be subject to the provisions of MGL c. 40A, § 3.

Any parcel of land located within a zone permitting OSPD which would accommodate at least 10 dwelling units under the provisions of the underlying zoning district may be considered for an OSPD subject to a special permit issued by the Planning Board.

After an OSPD application has been submitted, no utility installations, no ditching, grading or construction of roads, no grading of land or lots, no excavation except for purposes of soil testing, no forest harvesting, no dredging or filling, and no construction of buildings or structures shall be done on any part of the development site until the application has been reviewed and approved as provided by these regulations.

No OSPD will be approved within an established single-family residential neighborhood if the Planning Board determines that such land use would have a detrimental effect upon the surrounding property.

It shall be the responsibility of an applicant for an OSPD special permit to demonstrate to the Planning Board that this form of land development will be as or more appropriate than traditional patterns of residential development for the particular site being considered.

Detached single-family dwellings, as defined, including all accessory uses allowed appurtenant thereto.

Uses permitted within the common open space as described in these regulations.

Recreational facilities for OSPD purposes.

Density. The total area of the tract proposed for OSPD shall be at least 10 acres of contiguous upland. The total number of residential units allowable on a site proposed for OSPD shall not exceed the number of units that would be allowed in the zoning district in which the site is located. The burden of proof shall be upon the applicant in determining the allowable number of units. The total number of units allowed shall be determined by the following method:

Density regulations. The Planning Board may grant a reduction on all density regulations of the underlying zoning regulations for all portions of an OSPD, with the exception of height and front, side and rear yard setbacks, if the Planning Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with these regulations provided that in no instance shall any lot deviate from the following table of minimum requirements:

Frontage requirements. Frontage requirements for lots on the arc of the curve at the end of so called "cul de sacs" may be reduced to no less than 25% of the required minimum for the zoning district as established in Article VII of the bylaw.

Development standards. Prior to the issuance of a special permit for an OSPD, the applicant shall submit the information necessary to demonstrate that the following development standards have been met:

Lots for building purposes shall be grouped in clusters and within each cluster the lots shall be contiguous.

Within an OSPD, no less than 30% of the total land area shall be devoted to common open space. The common open space shall not include land set aside for roads and/or parking uses. No more than 50% of the common open space shall contain wetlands as defined by Massachusetts General Laws, Chapter 131, Section 40.

The common open space shall be designed and maintained in accordance with the following standards:

Common open space in an OSPD shall be conveyed to: the Town and may be accepted by it for park or open space use; a nonprofit corporation, the principal purpose of which is the conservation of open space; or to a corporation or trust owned or to be owned by the owners of lots or residential units within the development. If a corporation or trust owned by the owners of lots or residential units is utilized, ownership thereof shall pass with the conveyances of the lots or units. In any case where such land is not conveyed to the Town, a restriction enforceable by the Town shall be recorded at the Middlesex District Registry of Deeds providing that such land shall be kept in open or natural state and not be built upon for residential use or developed for accessory uses such as parking or roadway.

If the common open space is not to be conveyed to the Town, the application for an OSPD special permit must include a program describing how the common open space will be maintained in perpetuity to standards satisfactory to the Planning Board. The applicant shall also provide as part of the common open space proposal an agreement empowering the Town to perform maintenance of the common open space in the event of failure to comply with the program included in the application pursuant to the preceding sentence providing that, if the Town is required to perform any maintenance work, the owners of lots or units within the OSPD shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid.

If at any time before, during or after construction of the proposed development unforeseen conditions make it necessary or preferable to modify the project as described in the approved definitive OSPD application, the Planning Board may authorize such modifications provided that they are within the spirit of the original proposal and comply with these regulations.

The groundwater underlying this Town is the sole source of its existing and future drinking water supply;

The groundwater aquifer is integrally connected with, and flows into, the surface waters, lakes and streams which constitute significant recreational and economic resources of the Town used for swimming, fishing, and other water-related recreation;

Accidental spills and discharges of petroleum products and other toxic and hazardous materials and sewage effluent have repeatedly threatened the quality of such groundwater supplies and related water resources throughout towns in Massachusetts, posing potential public health and safety hazards and threatening economic losses to the affected communities.

Prohibited uses. Except as hereinafter provided in Article IX, within the Aquifer Protection District the following uses are specifically prohibited: sanitary landfills, earth removal operations whereby earth or gravel is removed closer to the maximum high water table than seven feet (except as permitted in § 145-46 of the Townsend Zoning Bylaws), junkyards, facilities for the storage, dismantling, and sale of used motor vehicle parts, and any other uses requiring a Class III license, municipal sewage treatment facilities with on-site disposal of primary or secondary treated effluent, package sewage treatment plants, communal septic systems, car washes, road salt stockpiles, dumping of snow from outside the Aquifer Protection District, establishments providing services and repairs for boats, automobiles, trucks, motorcycles, or other vehicles propelled by internal combustion engines, metal plating, chemical and bacteriological laboratories, and storage, use, transportation or disposal of toxic or hazardous materials.

Any use involving storage or use of toxic or hazardous materials in quantities greater than associated with normal household use, provided that a closed recycling and reclamation system is used for all toxic or hazardous materials, or other means acceptable to the SPGA is used to isolate hazardous materials from the groundwater. In addition, the holder of any special permit under this section must provide evidence on an annual basis that the Town of Townsend is named as a loss payee on an appropriate environmental insurance policy.

Earth removal operations whereby earth or gravel is not removed closer to the maximum high water table than four feet. The special permit granting authority may restrict the use of lands excavated to within four feet of the high water table and set conditions on the further and future use of said land. All restrictions and conditions established by the special permit granting authority shall be noted as part of the special permit which shall be recorded with the property deed at the Middlesex County Registry of Deeds. Specific land use restrictions and/or conditions may be amended from time to time by the Board of Appeals should future circumstances warrant such amendment. Any amendment to said special permit shall require a public hearing and a decision-making procedure as established by MGL c. 40A, § 9.

Special permit granting authority. The special permit granting authority (SPGA) under this bylaw shall be the Board of Appeals. Such special permit shall be granted if the SPGA determines in conjunction with other Town agencies as specified in§ 145-65E that the intent of this bylaw as well as its specific criteria are met. In making such determination, the SPGA 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. The SPGA shall explain any departures from the recommendations of the other Town agencies in its decision.

Special permit criteria. Special permits under Subsection E of this section shall be granted only if the SPGA determines that groundwater quality resulting from on-site waste disposal and other on-site operations will not fall below applicable federal or state standards for drinking and recreational water at the down-gradient property boundary.

Submittals. In applying for a special permit required by this section, the information listed below shall be submitted:

Safeguards. Provision shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as, but not limited to: prohibition of underground storage tanks; spill control provisions in the vicinity of delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolvable materials. For operations which allow the evaporation of toxic or hazardous materials into the interiors of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated condensate into the groundwater or into the atmosphere.

Location. Where the premises are partially outside of the Aquifer Protection District, potential pollution sources such as on-site waste disposal systems shall be designed as if the entire premises were inside the Aquifer Protection District.

Disposal. In any operation in which toxic or hazardous wastes will be used or stored in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with MGL c. 21C.

Drainage. All runoff from impervious surfaces shall be recharged on the site, diverted towards areas covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only where other methods are not feasible, and shall be preceded by oil, grease, and sediment traps to facilitate removal of contaminants.

In no event shall the geographical applicability of this section extend more than 300 feet landward from each bank (as defined in MGL c. 131, § 40) of the Squannacook River.

This section of the bylaw shall not apply to lands or structures used in the production of hydroelectric or mechanically applied water power, provided, however, that no use of such lands or structures shall be permitted which would violate the provisions of MGL c. 132A, § 17.

Runoff shall be directed towards areas covered with vegetation for surface infiltration. Catch basins and piped storm sewers shall be used only where other methods are infeasible.

Where the premises are partially outside of the above-noted areas, site design shall locate such potential pollution sources as on-site disposal systems as far from the edge of the Squannacook River as is feasible.

The purpose and intent of this Zoning Bylaw;

Coordination with and improvement of systems of vehicular and pedestrian access, drainage, water supply, sewage disposal, lighting, landscaping, wetlands, watercourses, buildings and other features that support the neighborhood and scenic roadways; and

Protection of the public health and wellness, safety, welfare, property values and the environment.

However, no such special permit is required for a change of use where the following conditions apply:

Before making the determination that a site is eligible for the exemption of Subsection B(1), the Building Inspector shall notify the Planning Board of the proposed change of use in a timely manner. The Planning Board may act on such determination without a public hearing. An applicant need not wait for such determination by the Building Inspector or Planning Board prior to filing an application for a new site plan review special permit.

No Site Plan Review Special Permit shall be required for Accessory Apartments constructed in accordance with § 145-36. Accessory Apartments subject to Site Plan Approval shall instead be subject to § 145-42.1 of this bylaw

For applicable land disturbance as specified in Chapter 85 of the Townsend General Bylaw, a stormwater management application shall be filed in conjunction with this application to determine subjectivity to either a minor or major stormwater management permit. Refer to § 175-44, Stormwater management, erosion and sedimentation control plan (the stormwater plan) to determine requirements, with strict adherence to Chapter 85 of the Townsend General Bylaws, NPDES Phase II Stormwater Management, and its associated regulations.

Special provisions for drawing requirements. The special permit granting authority may, at its option following a preliminary review, waive the requirement that site design plans be prepared by a registered architect, landscape architect, professional land surveyor or professional engineer. In considering applications for waivers, the special permit granting authority shall consider whether the proposed plans indicate any new construction or expansion of existing structures; whether there is a recorded survey plan in existence for the site showing the property bounds, existing structure and curb cuts; whether the proposed project requires any changes in or impact upon vehicular or pedestrian access, parking areas, drainage, water supply, sewage disposal, lighting, landscaping, wetlands, watercourses and lot contours. The waiver shall not remove the requirement that site design plans be drawn to scale and depict those items stated in Subsections C through G.

Where reasonable alternate access is available, the vehicular access to the site shall be arranged to avoid traffic use of local residential streets situated in or bordered by residential districts;

Where a site has frontage on two or more streets, the special permit granting authority may require that the access to the site be provided across the frontage and to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians;

Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, driveways and traffic controls within the streets;

Access driveways shall be of a design and have sufficient capacity to avoid queuing of entering vehicles on any street;

Driveways into the site shall have proper grade and alignment as well as transition grades and sight distances, for safe, convenient and efficient access and shall meet the street right-of-way line and travel way of the street in such a manner as to conform to the standard cross section for the street as determined by the Highway Superintendent and the Planning Board's Rules and Regulations for Subdivision Control;

Where topographic and other conditions are reasonably usable, provision shall be made for circulation driveway connections to adjoining sites of similar existing or potential use when such driveway connection will facilitate fire protection services and/or when such driveway will enable the public to travel between two existing or potential uses, open to the public generally, without need to travel upon a street;

There shall be no more than one driveway connection from any project site to any street, except that: separate entrance and exit driveways may be provided where necessary to safeguard against hazards and to avoid congestion and additional driveway connections may be provided, particularly for but not limited to large trucks and uses of extensive scope, if traffic flow in the street will be facilitated by the additional connection. Driveways shall not exceed 24 feet in width at the street line, or such lesser width as will be sufficient to accommodate the traffic to be generated unless a greater width is required by Town bylaw or the Commonwealth of Massachusetts.

Application and fee for site plan approval.

Site plans that show the position of the buildings on the site, points of vehicular access to and from the site and vehicular circulation on the site, parking, stormwater management, utilities, and planned and existing landscape treatments including any screening of adjacent properties.

Elevations of the building(s) showing the architectural design of any buildings being constructed or altered.

All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the Planning Board.

The Applicant has submitted the required fees and information as set forth in Townsend's requirements for a building permit and site plan approval; and

The project as described in the application meets the applicable requirements set forth for such projects in the appropriate section(s) of this Zoning Bylaw.

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

Eliminate costs associated with the response and cleanup of flooding conditions.

Reduce damage to public and private property resulting from flooding waters.

The proposed use shall comply in all respects with the provisions of the underlying district; and

The application shall be processed in accordance with § 145-65 of this zoning bylaw; and

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

Such proposals minimize flood damage.

Public utilities and facilities are located & constructed so as to minimize flood damage.

Adequate drainage is provided.

Adjacent communities, especially upstream and downstream.

Bordering states, if affected.

NFIP State Coordinator - Massachusetts Department of Conservation and Recreation.

NFIP Program Specialist - Federal Emergency Management Agency, Region I.

NFIP State Coordinator - Massachusetts Department of Conservation and Recreation.

NFIP Program Specialist - Federal Emergency Management Agency, Region I.

Good and sufficient cause and exceptional non-financial hardship exist;

The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

The variance is the minimum action necessary to afford relief.

Excavation incidental to the construction of residential buildings for which all other permits have been issued, nor installation of walks, driveways, septic systems, swimming pools or other accessory uses to such buildings and expansions thereof, provided the quantity of material excavated shall not exceed that displaced by the portion of the building or accessory use below finished grade;

Excavation in the course of normal and customary agricultural use of land;

Excavation in the normal use of a cemetery;

Excavation activities lawfully permitted by right or by special permit at the time this bylaw is adopted may continue unless or until discontinued for more than 12 consecutive months. However, unless specifically authorized by new special permit:

Excavation and replacement for individual homeowner landscaping with finish grades matching existing grades (maximum 200 cubic yards removal and replacement).

Property lines, names and addresses of all abutters, including those across any way;

Existing contours at five-foot intervals in the area from which materials are to be excavated and in surrounding areas, or as determined appropriate;

Natural features such as wetlands, the one-hundred-year floodplain, ground cover and surface and groundwater. Water table elevation shall be determined by test pits and soil borings. A log of soil borings shall be included, taken to the depth of the proposed excavation, congruent with the size and geological makeup of the site;

A topographical map showing drainage facilities, final grades, and proposed vegetation and trees;

Erosion and sediment control plan;

A restoration plan including the amount and cost of proposed restoration materials;

The location of monitoring wells which have been used to establish the high water table. The highest elevation of the water table shall be determined by observation wells monitored during the months of April and May. The observation wells' location shall be determined by the Board of Health or its designated agent. The information concerning height of water table shall be gathered before application for a special permit is made to the SPGA.

The health, safety and general welfare of the inhabitants of the Town of Townsend;

Detriment to the neighborhood, including impact of traffic flow;

Effect on natural resources, including but not limited to the recharge of the water table or condition of the surface water.

No excavation, other than excavation necessarily incidental to a valid building permit or subdivision approval can be undertaken within 100 feet, measured horizontally, of an existing public way or an adjacent property line; said limit may be reduced by the SPGA.

No earth or gravel shall be excavated closer to the maximum high water table than seven feet. This depth to maximum high water table may be decreased by the SPGA to four feet, provided that the SPGA determines that based upon soils, groundwater flows, type of materials to be excavated, and any requirements that they may impose, such decrease in depth of excavation shall not be deemed to adversely affect the intent or purpose of this or other sections of the Townsend Zoning Bylaw. In determining the effect upon the Town of Townsend of increased earth or gravel excavation, the SPGA may require the applicant to submit a complete hydrological report, prepared by an individual or company selected by the applicant and approved by the SPGA. All costs incurred shall be borne by the applicant. Said hydrological report shall present in detail findings relative to soils by type, groundwater direction and velocity, geologic logs describing any lines of fine material and water table depth of the subject property. The SPGA may restrict the use of lands excavated to four feet of the high water table and set conditions on the further and future use of said land.

All topsoil and subsoil stripped from operation areas shall be stockpiled and used in restoring the area.

Any shelters or buildings erected on the premises for use by personnel or storage of equipment shall be screened from public view and shall be removed from the premises within 60 days after the special permit has expired or been revoked.

Hours of operation shall be between 8:00 a.m. and 4:30 p.m. on weekdays only. However, the SPGA may further limit hours of operation if, after weighing factors including impact on traffic flow and safety, it determines the public good will be served. Trucks may enter and leave the premises only within such hours. All loaded vehicles shall be suitably covered to prevent dust and contents from spilling and blowing from the load.

Trucking routes and methods shall be subject to approval of the Chief of Police insofar as he may regulate any industrial trucking.

All access roads leading to public ways shall be treated or paved with suitable material to reduce dust and mud for a distance of 200 feet back from the way. The operator shall clean up any spillage on public ways.

Access roads shall intersect a public way at right angles for a distance of no less than 50 feet and shall be constructed at an angle to the public way or with a curve so as to help screen the operation from public view. All access roads shall have at least 250 feet visibility in each travel lane entering a state numbered or maintained highway and at least 150 feet visibility on all other streets. Access roads shall not drain directly onto public ways.

Restoration shall be carried on simultaneously with excavation, so that when any five acres have been cleared and stumped and five acres are in active mining operation. at least five acres shall be restored before work commences (including building haul roads) on the next contiguous five acres. Final restoration work shall be completed within 120 days after expiration or withdrawal of a permit or upon cessation of operations.

No slope shall be steeper than 2:1 (two feet horizontal to one foot vertical) (50%); 4:1 (four feet horizontal to one foot vertical) is preferred for erosion control and shall be required in sensitive areas.

Retained subsoil and topsoil shall be spread over the disturbed area and treated with appropriate fertilizer or other suitable material and seeded with an appropriate mixture of grass or legume mixture as prescribed by the Conservation District, Soil Conservation Service, United States Department of Agriculture and as determined appropriate by the SPGA after consultation with the above-noted agencies. Trees or shrubs of prescribed species will be planted to provide screening and reduce erosion during the establishment period.

Unless the special permit conditions expressly require alteration of drainage patterns, the land shall be left so that natural storm drainage shall leave the property at the original natural drainage points, and so that the total discharge at peak flow and the area of drainage to any one point is not increased.

Natural vegetation shall be left and maintained on undisturbed land for screening. noise reduction and erosion control purposes.

After an OSMD application has been submitted, no utility installations, no ditching, grading or construction of roads, no grading of land or lots, no excavation except for purposes of soil testing, no forest harvesting, no dredging or filling, and no construction of buildings or structures shall be done on any part of the development site until the application has been reviewed and approved as provided by this section;

No OSMD will be approved within an established residential neighborhood if the Planning Board determines that such land use would have a detrimental effect upon the surrounding property;

It shall be the responsibility of an applicant for an OSMD special permit to demonstrate to the Planning Board that this form of land development will be more appropriate than traditional patterns of residential development for the particular site being considered.

Detached single-family dwellings, as defined, including all accessory uses allowed appurtenant thereto;

Two-family dwellings including all accessory uses allowed appurtenant thereto;

Apartment/multifamily building with six or fewer units per structure;

Uses permitted within the common open space as described in this section;

Recreational facilities for OSMD purposes.

Density. The total area of the tract proposed for OSMD must be able to contain 10 dwelling units. The total number of dwelling units allowable on a site proposed for OSMD shall not exceed the number of units that would be allowed in the zoning district in which the site is located. The burden of proof shall be upon the applicant in determining the allowable number of dwelling units. The total number of units allowed shall be determined by the following method: layout by a preliminary sketch plan showing the total number of lots which could be obtained by utilizing a conventional grid subdivision of detached one-family dwelling units. The Planning Board may require information to substantiate the validity of the preliminary sketch plan. Where available, medium intensity soil survey maps, such as those available from the USDA Natural Resource Conservation Service, shall be provided. Furthermore, the SPGA may require the applicant to provide or pay for the creation of more detailed, high-intensity maps or other data, if there is any indication of ledge, shallow soils, or other indication that the lots shown on the conventional plan may not be buildable as a practical matter. The applicant shall also provide financial data, based on the known data, including current housing prices and reasonable inflation and population projections, demonstrating that the conventional subdivision is financially viable, and could be completed and sold within the same time frame planned for the open space proposal.

Density regulations. The Planning Board may grant a reduction on all density regulations of the underlying zoning regulations for all portions of an OSMD, with the exception of height and front, side and rear yard setbacks, if the Planning Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this section, provided that in no instance shall any lot deviate from the following table of minimum requirements:

Development standards. Prior to the issuance of a special permit for an OSMD, the applicant shall submit the information necessary to demonstrate that the following development standards have been met:

Architectural standards. Specific architectural standards for construction within the OSMD shall be made part of the special permit and will be used to ensure conformity and compatibility between units and the existing neighborhood. Prior to the issuance of a special permit for an OSMD, the applicant shall submit the following information to demonstrate that the architectural standards have been met:

Lots for building purposes shall be grouped in clusters and within each cluster the lots shall be contiguous;

Within an OSMD, no less than 60% of the total land area shall be devoted to common open space. The common open space shall not include land set aside for roads and/or parking uses. No more than 50% of the common open space shall contain wetlands as defined by MGL c. 131, § 40;

The common open space shall be designed and maintained in accordance with the following standards:

Common open space in an OSMD shall be conveyed to: the Town and may be accepted by it for a park or open space use; a nonprofit corporation, the principal purpose of which is the conservation of open space; or a corporation or trust owned or to be owned by the owners of lots or residential units within the development. If a corporation or trust owned by the owners of lots or residential units is utilized, ownership thereof shall pass with the conveyances of the lots or units. In any case where such land is not conveyed to the Town, a restriction enforceable by the Town shall be recorded at the Middlesex District Registry of Deeds providing that such land shall be kept in open or natural state and not be built upon for residential use or developed for accessory uses such as parking or roadway.

If the common open space is not to be conveyed to the Town, the application for an OSMD special permit must include a program describing how the common open space will be maintained in perpetuity to standards satisfactory to the Planning Board. The applicant shall also provide as part of the common open space proposal an agreement empowering the Town to perform maintenance of the common open space in the event of failure to comply with the program included in the application pursuant to the preceding sentence providing that, if the Town is required to perform any maintenance work, the owners of lots or units within the OSMD shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid.

Purpose. The purpose of the site plan review is to ensure that the design and layout of all developments occurring under Townsend's Affordable Housing Conditional Density Bonus Bylaw will constitute suitable development and will not result in a detriment to the neighborhood or the environment;

Applicability. Any affordable housing development which would, under the parking requirements, Article VIII, require five or more parking spaces, regardless of the number of parking places existing on the premises, shall be subject to the § 145-42, Site plan review;

Procedure. Applications under this section subject to site plan review shall adhered to the procedures for site plan review of § 145-42 of this bylaw, except that the Planning Board shall not require an additional special permit for site plan review but, rather, incorporate site plan review conditions in the special permit required under § 145-39 or 145-47.

The Board is satisfied that the applicant has conformed to the development, architectural, and design standards of this bylaw, and will deliver the affordable units required under Subsections A and B of this Affordable Housing Bylaw;

The proposed development site plan is designed in its site allocation, proportions, orientation, materials, landscaping and other features as to provide a stable and desirable character, complimentary and integral with the site's natural features;

The Board makes a finding that such development, density increase, or relaxation of zoning standards does not have a material, detrimental effect on the character of the neighborhood or Town and is consistent with all performance standards of the Townsend Zoning Bylaw, including Subsections D and E above;

The proposed development is consistent with all municipal comprehensive plans and objectives.

In order to maintain long-term affordability for low- and moderate-income home buyers, there shall be certain resale restrictions upon the unit's resale value. This resale price restriction will be incorporated into the deed conveying the property to the initial purchaser and will bind all subsequent purchasers for a period of 40 years after the initial conveyance;

The resale of "affordable housing units," as defined in Subsection B above, will be limited to a percentage of the unit's fair market value at the time of resale. This limitation will be determined by the percent below fair market value for which the home originally sold. This percentage shall be recorded as part of the deed restriction. All subsequent resales for a period of 40 years after the initial conveyance shall be discounted by this same percentage from the fair market value of the house at the time of the resale. Through agreement between the Planning Board and the developer, these parties may chose, at the time of the recording of the deed, to modify the differential by plus or minus 5% in order to assure that the target income groups' ability to purchase be kept in line with the unit's market appreciation and to provide a proper return on equity to the seller;

All deed restrictions will require that the homeowner give 90 days' notice to the local housing agency or partnership program of his or her intent to sell. If the local housing agency or partnership program fails to respond to the homeowner within 30 days to the effect that they are proceeding to find an eligible buyer, the homeowner may thereafter sell the home to anyone meeting income guidelines;

The Planning Board will designate either the local housing agency or partnership program as the authority which shall control long-term affordability under the requirements of this section, based on submission of information showing the agency's ability to carry out these restrictions and the administrative criteria and process by which the resales shall occur.

Each donor lot or portion thereof complies, in all respects, with the minimum requirements for obtaining a building permit by right or, in the opinion of the Planning Board, is a potentially subdividable lot of land given minimum zoning requirements, subdivision regulations and other pertinent regulations;

The owner or owners of the donor lot(s) record at the Registry of Deeds a covenant running with the land in favor of the Town of Townsend, forever prohibiting the construction or placement of any structure on said lot(s) except as provided for in Subsection A(3);

Donor lots may be used for passive recreation, conservation, forestry, agriculture, natural buffers.

Any contiguous parcels of land of at least five acres which qualify for or are currently assessed by the Town of Townsend or the Commonwealth of Massachusetts under the provisions of MGL c. 61A;

All land referred to in § 145-41B of the Townsend Zoning Bylaws; and

All land designated as a theoretical cone of influence to existing or proposed public supply wells, as is now or may be delineated on a map entitled "Recharge Areas of Existing and Potential Water Supplies, Townsend, Massachusetts, December 15, 1984, Nashua River Watershed Association," as amended; and

All land recommended for acquisition or protection in the Townsend Open Space Plan, as amended.

Receiving districts shall be eligible to "accept" donor lots according to the schedule of Subsection D, provided that the locus of the receiving district is the subject of a subdivision plan requiring Planning Board approval under the requirements of MGL c. 41, and a special permit under the requirements of § 145-39 or 145-47 of the Townsend Zoning Bylaws. No transfer of development rights shall be approved by the Planning Board into a receiving district locus not requiring subdivision approval.

In transferring development rights into a receiving district, the Planning Board may allow the minimum frontage, width and area standards of the total subdivision, including transferable lot rights, to be reduced according to the criteria specified in § 145-39 or 145-47.

Division of land in excess of 25 lots as defined in Subsection C above may be allowed only if one of the following requirements are met:

In reviewing a special permit application under this section, the Planning Board shall consider the impact upon schools, other public facilities, traffic and pedestrian travel, availability and quality preservation of drinking water, adequacy of recreational facilities, open spaces and agricultural resources, preservation of unique natural features, housing for senior citizens and people of low and moderate income as well as master plan or growth management plans prepared by the Planning Board. MGL c. 40A, §§ 9 and 11 and § 145-65 of the Townsend Zoning Bylaw relating to the granting and denial of special permits shall be applicable to a special permit application under Subsection D(1)(b).

Towers shall be allowed in all zoning districts pursuant to this bylaw.

Expiration of permit. The special permit granted under this bylaw shall expire within five years of the date of issuance of the permit.

Amendments of existing special permits shall only require such additional information as pertains to the proposed changes and information pertaining to changes in the information provided for the existing special permit.

Renewals of existing special permits under this bylaw shall not require the resubmission of items specified by § 145-42D and Subsection C of this section unless there has been a substantive change in the information or conditions from that used for the existing special permit, and provided further that a complete application for renewal of the special permit is submitted prior to the expiration of the existing special permit.

The site plan shall be prepared by a professional engineer and shall include the following minimum requirements:

A locus map will be prepared and shall show all streets, bodies of water, landscape features, historic sites, habitats for endangered species within 200 feet, and all buildings within 500 feet.

Reports prepared by one or more professional engineers, which shall:

A copy of the requests made by the applicant to the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health to provide a written statement that the proposed tower complies with applicable regulations administered by the agency or that the tower is exempt from those regulations and a copy of the response from each agency. If such response is not received within 60 days, the application will be considered complete. The applicant shall send a subsequently received agency statement, if any, to the Planning Board.

On-site demonstration. Between plan submittal and the date of the public hearing, a balloon shall be put in place at the height of the proposed tower, for not less than 21 days. The balloon shall be of a size and color that can be seen from every direction for a distance of one mile. The balloon must be removed within seven days of the close of the public hearing.

All wireless communication towers and facilities shall be sited on municipal land or in church steeples whenever feasible.

New towers shall be considered only upon a finding by the Planning Board that existing or approved towers cannot accommodate the wireless communication equipment planned for the proposed tower.

To the extent feasible all service providers shall co-locate on a single tower. Towers and accessory buildings shall be designed to structurally accommodate the maximum number of users.

Irrespective of the requirements of the Land Space Requirements Table,[1] the setback from property lines shall be a minimum of a distance at least equal to the height of the tower.

Setback from designated wetlands, water bodies and areas with a slope in excess of 5% shall be at least 100 feet.

Distance from all existing buildings shall be at least 500 feet.

Fencing shall be provided to control access to the base of the tower which fencing shall be compatible with the scenic character of the Town and shall not be of barbed wire or razor wire.

Access shall be provided to a site by a roadway that respects the natural terrain, does not appear as a scar on the landscape, and is approved by the Planning Board and the Fire Chief to assure emergency access at all times.

Consideration shall be given to design that minimizes erosion; construction on unstable soils; and steep slopes.

The applicant shall demonstrate to the satisfaction of the Planning Board that the location of the tower is necessary and that the size and height is the minimum necessary for the purpose.

There shall be no signs, except for announcement signs, no trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform to the sign requirements of Townsend Zoning Bylaw Article X, and shall be subject to conditions of the site plan review special permit.

Accessory uses shall be limited to one structure per use per tower, but shall not exceed 10 structures per tower. If more than one use, the accessory buildings shall be connected by a common wall. Each structure shall not exceed 400 square feet in size and 10 feet in height, and shall be of the same design and color.

To the extent feasible all network interconnections (from and to) the communications site shall be installed underground.

The tower shall minimize adverse visual effect on the environment and the people of Townsend. The Planning Board may impose reasonable conditions to ensure this result, including, but not limited to: painting, lighting standards and screening.

Clearing shall be performed in a manner that will maximize preservation of natural beauty and conservation of natural resources, which will minimize marring, and scarring of the landscape or silting of streams.

The applicant shall demonstrate that the proposed tower is no higher than necessary to accommodate transmitters and receivers.

All towers shall be monopole in type.

Silver paint or a galvanized finish shall be used on the tower above the tree line to blend with the landscape. Green paint to blend with the landscape shall be used to the tree line. A cellular tower constructed within 100 feet of a residential district shall be camouflaged.

Night lighting of towers shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies and/or as required by the FAA.

Siting shall be such that the view of the tower from other areas of Town shall be as minimal as possible.

Shared use of towers is to be encouraged. When technically not practical, towers shall be separated on the site so that, if the support structure of one falls, it will not strike another.

The tower shall be designed to accommodate the maximum number of uses technologically practical.

There shall be a minimum of one parking space for each tower, to be used in connection with the maintenance of the tower and the site, and not to be used for the permanent storage of vehicles.

Insurance in a reasonable amount determined and approved by the Planning Board after consultation at the expense of the applicant with one or more insurance companies shall be in force to cover damage from the structure, damage from transmissions and other site liabilities. Annual proof of said insurance shall be filed with the Town Clerk.

An initial bond shall be posted to cover construction costs and an annual maintenance bond shall be posted for the access road, site and tower(s) will be posted in an amount approved by the Planning Board.

Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission and the Federal Aviation Administration shall be filed with the Building Inspector by the special permit holder.

An initial cash bond in a reasonable amount determined and approved by the Planning Board shall be in force to cover removal of the tower when discontinued or obsolete.

Failure to post an approved bond and/or provide proof of insurance shall be grounds to revoke the site plan review special permit.

Require a building permit if over 70 feet above ground level.

The setback of the tower from any property bounds must be no less than the actual height of the tower rather than the height above the ground.

The tower must be removed upon loss or termination of said FCC license.

The Planning Board may waive strict adherence to sections of this bylaw if it finds that the safety and well-being of the public will not be adversely affected by such a waiver. For each waiver granted, the Planning Board will make a written record indicating that the proposed tower meets the purpose (Subsection A) of this bylaw.

All requests for waivers shall be made in writing on a separate sheet (or sheets) of paper and be attached to the site plan review special permit application and be presented at the time of the initial application.

Requests for waivers shall indicate the section number and the reason the applicant needs the waiver along with any documentation to support the request.

The Planning Board will grant requests for waivers only upon a four-fifths majority vote. Each request shall be voted on separately. The applicant shall have the right to withdraw the request at any time prior to the actual vote. Once a request for a waiver is withdrawn it may not be presented again for a period of year.

Requests for more than three waivers, including, in the case of an amendment or renewal, any waivers previously granted for the existing or any predecessor permits, will indicate to the Planning Board the following:

The luminaire shall emit no direct light above a horizontal plane through the lowest direct light emitting part of the luminaire.

The luminaire shall be mounted at a height in feet equal to or less than the value 3 + (D/3) where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed 25 feet.

Any flood or spot luminaire with a lamp or lamps rated at a total of 900 lumens or less and any other type of luminaire with a lamp or lamps rated at a total of 1,800 lumens or less may be used without restriction to light distribution or mounting height except that if any flood or spot luminaire rated at a total of 900 lumens or less aims, directs, or focuses direct light toward residential buildings on adjacent or nearby land or creates glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.

Luminaires used for roadway illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.

All temporary lighting needed by the Police Department, Fire Department or other emergency services as well as all vehicular luminaires shall be exempt from the requirements of this bylaw.

All hazard warning luminaires required by government regulatory agencies are exempt from the requirements of this bylaw except that all luminaires used must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task.

This bylaw shall take effect immediately upon approval by the voters of the Town of Townsend at an Annual or Special Town Meeting.

Any luminaire lawfully in place prior to the date of this bylaw shall be exempt from Subsection C of this bylaw until the luminaire is moved or replaced.

Violations and legal actions. If, after investigation, the Zoning Enforcement Officer finds that any provision of this bylaw is being violated, he shall give notice by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that violation be abated within 30 days of the date of hand delivery or of the date of receipt of the notice. If the violation is not abated within the thirty-day period, the Zoning Enforcement Officer may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this bylaw and to collect the penalties for such violations.

Penalties. A violation of this bylaw, or any provision thereof, shall be punishable by a civil penalty of $25. Each day of violation after the expiration of the thirty-day period provided in Subsection H(1) shall constitute a separate offense for the purpose of calculating the civil penalty.

The special regulations itemized in this section are for the purpose of preventing a concentration of adult use establishments in any one area of Town; to prevent the associated secondary effects of such establishments; and to promote the health, safety and welfare of the citizens of Townsend.

Adult use establishments are permitted only in the Industrial (ID) Zoning District as defined in the Town of Townsend Zoning Bylaw § 145-30.

No adult use establishment shall commence operations without first applying for and receiving a special permit from the special permit granting authority.

The special permit granting authority (SPGA) for the adult use establishment special permit shall be the Townsend Planning Board.

No adult use establishment special permit shall be granted if any boundary line of the proposed site is located less than 400 feet from the boundary line of any of the following:

No adult use establishment special permit shall be granted if any boundary line of the proposed site is located less than 1,500 feet from the boundary line of any of the following:

No adult use establishment special permit shall be granted if any boundary line of the proposed site is located less than 300 feet from the boundary line of any of the following:

The SPGA shall apply the following criteria in the granting of a special permit under this section:

No special permit for an adult use establishment shall be issued to any person convicted of violating MGL c. 119, § 63 as amended, or MGL c. 272, § 28 as amended nor may any person convicted of such violations be employed or contracted to work in a managerial, supervisory, or directorial role for such establishment, nor may any such person be a partner.

An applicant for a special permit to operate an adult use establishment must file an application on a form approved by the SPGA per requirements in § 145-65C of these Zoning Bylaws. Such form shall require any information required by the SPGA, but shall include as a minimum:

Term of permit.

Renewal.

Adult use establishments require site plan approval from the Town of Townsend Planning Board.

The application for site plan approval for an adult use establishment must be filed per §§ 145-42 and 145-65 of the Townsend Zoning Bylaws on the "special permit for site plan review" form approved by the Planning Board. Such form shall contain any information required by the Planning Board, but shall include as a minimum all information required of the special permit to operate an adult use establishment as specified in Subsection D(8).

Adult use establishments may be permitted under this section only on lots not less than three times the lot size required in the Industrial (ID) Zone per the Land Space Requirements Table.[1] However, in no case shall the lot be less than 135,000 square feet.

The Planning Board shall determine that the proposed site will meet, or be altered to meet, all provisions of this Zoning Bylaw including coverage, densities, buffer areas and parking requirements.

Additional requirements.

Noncompliance with any of the conditions of the special permit or of any Town of Townsend Zoning Bylaw, or of any state law, shall be deemed to be a violation of the special permit. If more than two violations occur within 180 days of each other, suspension of all special permits and licenses granted shall occur for a period of 180 days following a public hearing by the SPGA.

Repeated abuses (more than two public hearings in two years, not counting any hearing at which the hearing board finds that all accusations are without merit) shall result in complete revocation of permits and licenses following a public hearing by the SPGA. If such a revocation occurs, the applicant must wait five years before reapplying for an adult use establishment special permit.

Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Townsend;

Preserve and protect existing and potential sources of drinking water supplies;

Conserve the natural resources of the Town; and

Prevent temporary and permanent contamination of the environment.

Allowed uses.

Prohibited uses. The following uses are prohibited in all of the district.

Uses and activities requiring a special permit. The following uses and activities are allowed only in Zones II and III and only if allowed in the underlying zoning district and only upon the issuance of a special permit by the Zoning Board of Appeals under such conditions as they may require:

The special permit granting authority (SPGA) under this bylaw shall be the Zoning Board of Appeals. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPGA shall document the basis for any departures from the recommendations of the other Town boards or agencies in its decision.

The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Subsection F of this section and § 145-65F of the Townsend Zoning Bylaws. The proposed use must:

The applicant shall file the requisite number of plans and attachment copies as specified in the SPGA's rules and regulations. The plans shall be drawn at a proper scale as determined by the SPGA and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The plans and attachments shall, at a minimum, include the following information where pertinent:

Written notice of any violations of this section shall be given by the Zoning Enforcement Officer pursuant to Townsend Zoning Bylaw Article XIII, Enforcement and Penalties. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Town Clerk.

The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.

In a Residential Aquifer District (RA), Residential B District (RB), Commercial District (C), Neighborhood Commercial District (NCD), Downtown Commercial District (DCD), or Outlying Commercial District (OCD), the Planning Board may grant a special permit for an age-restricted development in accordance with this § 145-54.1 on any tract of land meeting the following requirements.

An age-restricted development is intended for people age 55 or over. As such, buildings and site improvements in an age-restricted development shall provide for guest parking, public meeting areas, and universal design in accordance with the provisions of this section.

An age-restricted development shall comply with the following density regulations:

Dwelling units can be attached, detached or any combination of these types.

Buildings shall comply with a minimum setback of 20 feet from other structures in the development.

For cottage dwellings, two-family dwellings, and townhouses, the minimum setback shall be 30 feet from all property lines in RA and RB Districts unless the Planning Board determines that a reduced setback is necessary to achieve the purposes of this section and will not have a detrimental impact on the neighborhood.

No dwelling unit in an age-restricted development shall have more than two bedrooms.

The minimum common open space in the development shall be 30% of the lot area, and not more than 25% of the required minimum common open space shall consist of wetlands. The upland open space shall be contiguous and usable by residents of the development. A permanent conservation restriction running to or enforceable by the Town shall be recorded for the common open space area and shall include restrictions that the land be retained in perpetuity for conservation or passive recreation.

Minimum off-street parking requirements shall be:

The Planning Board may in its reasonable discretion reduce, alter or waive any or all of the foregoing basic requirements upon demonstration by an applicant of just cause for such a reduction, alteration or waiver, provided that the Planning Board also finds that the reduction, alteration or waiver would advance the purpose of this section and further the public interest.

Cottage, two-family, and townhouse units shall provide for:

Outdoor facilities, such as walkways, gardens, and recreation areas, shall be designed for universal access.

Architectural planning and design shall incorporate energy efficient design techniques, such as natural heating and cooling systems, use of sun and wind energy generation systems, and so forth.

Structures located near the project property lines shall be designed and located in a manner that reflects consistency and compatibility with neighboring areas, and shall include appropriate use of building density, heights, and design to minimize any intrusion on neighbors.

Outdoor recreation or gathering areas, particularly those that may generate significant noise and/or light and glare, shall be located to minimize intrusion on neighboring properties.

Structures shall be clustered to reduce site disturbance and protect open spaces as well as naturally and environmentally sensitive areas.

Building design shall avoid use of long, unbroken facades, and shall include use of balconies, offset walls, trellises and other design elements to provide visual interest.

Building design, colors, and materials shall generally correspond to the natural setting of the project site and to any prevalent design styles that may occur in neighborhoods within the general project area.

The developer has applied for and received a stormwater management permit from the Planning Board in accordance with the Town's General Bylaw Chapter 85, NPDES Phase II Stormwater Management. Adequate provision will be made for the disposal of sewage, waste, and drainage in accordance with the requirements of the Board of Health.

The special permit application, public hearing, and decision procedures shall be in accordance with § 145-65 of this Zoning Bylaw.

The applicant shall submit an age-restricted development special permit application together with the size, form, number, and contents of the required plans and any supplemental information as required in the Planning Board's Rules and Regulations.