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Wenham City Zoning Code

ARTICLE 9

Additional Performance Standards

§ 255-9.1 General.

No activity shall be permitted in any district unless it shall be in conformity with the standards included herein. After a permit is issued in accordance with this article, continuing compliance is required. When the Building Inspector suspects a subsequent violation they may, as necessary, obtain expert advice which, if the violation is established, shall be paid for by the violator; otherwise, by the Town. The following standards are hereby established.

§ 255-9.2 Noise.

No use shall be permitted within the Town which, by reason of excessive noise generated therefrom, would cause nuisance or hazard to persons or property, as set forth in 310 CMR 7.10. No person shall operate or cause to be operated any source of sound in a manner that creates a sound level which exceeds 70 dBA or 10 dBA above ambient, whichever is lower, when measured at the property boundary of the receiving land use.

§ 255-9.3 Erosion control.

Site design, materials, and construction processes shall be designed to avoid erosion damage, sedimentation, or uncontrolled surface water runoff by conformance with the following:
A. 
Grading or construction which will result in final slopes of 15% or greater on 25% or more of lot area, or on 20,000 square feet or more on a single lot, even if less than 25% of lot area, shall be allowed only by special permit from the Planning Board, which shall be granted only upon demonstration that adequate provisions have been made to protect against erosion, soil instability, uncontrolled surface water runoff, or other environmental degradation. Applications and plans for such special permits shall be referred to the Conservation Commission for its advisory review.
B. 
All such slopes exceeding 15% which result from site grading or construction activities shall either be covered with topsoil to a depth of four inches and planted with vegetative cover sufficient to prevent erosion or be retained by a wall constructed of masonry, reinforced concrete or treated pile or timber.
C. 
No area or areas totaling 0.5 acre or more on any parcel or contiguous parcels in the same ownership shall have existing vegetation clear-stripped or be filled six inches or more so as to destroy existing vegetation unless in conjunction with agricultural activity, or unless necessarily incidental to construction on the premises under a currently valid building permit, or unless within streets which are either public or designated on an approved subdivision plan, or unless a special permit is approved by the Planning Board on condition that runoff will be controlled, erosion avoided, and either a constructed surface or cover vegetation will be provided not later than the first full spring season immediately following completion of the stripping operation. No stripped area or areas which are allowed by special permit shall remain through the winter without a soil control plan approved by the Planning Board, except in the case of agricultural activity where such temporary cover would be infeasible.
D. 
The Building Inspector may require the submission of all information from the building permit applicant or the landowner, in addition to that otherwise specified herein, necessary to ensure compliance with these requirements, including, if necessary, elevations of the subject property, description of vegetative cover, and the nature of impoundment basins proposed, if any.
E. 
In granting a special permit hereunder, the Planning Board shall, unless waived, require a performance bond to ensure compliance with the requirements of this section.
F. 
Hillside areas, except naturally occurring ledge or bedrock outcroppings or ledge cuts, shall be retained with vegetative cover as per an approved plan.

§ 255-9.4 Outdoor lighting.

Outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, shall be arranged to minimize glare and light spilling over to neighboring properties and the night sky.

§ 255-9.5 Nuisance.

Cinders, dust, fumes, gases, odors, smoke, radiation, refuse or other waste materials shall be effectively confined to the premises and treated or disposed of in accordance with state, federal, and Town laws and regulations.

§ 255-9.6 Interference.

No process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in excess of 10% in line voltage off the premises.

§ 255-9.7 Flammable or explosive substances.

All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against hazards from fire and explosion, and with adequate firefighting and fire suppression equipment standards established by local, state, and federal regulations.

§ 255-9.8 Pests.

All materials which may be edible by or attractive to rodents or insects shall, when stored in or outdoors, be stored in tightly closed containers, and separated as required.

§ 255-9.9 Outdoor storage or stockpiling of junk.

[Added 4-6-2024 ATM by Art. 18]
In the Residential District, outdoor storage or stockpiling of scrap metal, scrap vehicles or vehicle parts, inoperable electronics or appliances, construction debris, or similar materials or junk is prohibited: (1) in the front yard of any lot; (2) within the setback areas of any rear or side yard of any lot; and (3) outside of the setback areas of a rear or side yard of a lot unless such stored or stockpiled materials is in a single location not exceeding 200 square feet of ground coverage. Adjacent lots held in common ownership or control shall only be entitled to the same 200-square foot, single-location allowance for rear and side yards outside of their setback areas. For purposes of this provision, “outdoor storage or stockpiling” shall not include, and the prohibitions herein do not apply to: (1) materials stored only seasonally or temporarily (that is, for fewer than four consecutive months at a time), and then put to use during other times of year; (2) construction debris or materials stockpiled in connection with a properly permitted or allowed construction project; (3) any materials stored or stockpiled for less than ten (10) consecutive days during a single calendar year; (4) yard waste, brush, compost, or other similar organic materials; or (5) materials stored within a structure properly authorized by these Bylaws and that fully conceals such materials from the view of abutting lots.