Structures and uses lawfully in existence prior to the effective date of this bylaw.

A structure lawfully begun under a building permit or special permit issued before the first publication of notice of the required public hearing by any special permit grant authorization on the applicable zoning bylaw or amendment.

The alteration, reconstruction, extension or structural change to a single-family or two-family dwelling, provided this does not increase the nonconforming nature of such structure.

The expansion or reconstruction of existing structures for the primary purpose of agriculture, horticulture or floriculture.

Nonconforming lots by separate deeds or records and lots shown on a plan endorsed by the Planning Board under the Subdivision Control Law are exempt from the provisions of this bylaw to the extent and as provided in MGL c. 40A, § 6.

That such change, extension, or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood; and

That such extended, altered, reconstructed structure or changed use shall not be in greater nonconformity with open space, yard, and off-street parking requirements of this bylaw.

If the required minimum number of off-street parking spaces for lots located in the VCOD, computed in accordance with Subsection 6.2.1 or other provisions in this bylaw, is seven or fewer, then the minimum number shall be reduced to zero.

The required minimum number of off-street parking spaces for lots may be reduced up to 50% by special permit where the SPGA (as determined by Subsection 6.2.7) finds that municipal parking spaces equal to the percent reduction requested are available within 300 feet of the lot.

The required minimum number of off-street parking spaces for lots may be reduced up to 50% by special permit where the SPGA (as determined by Subsection 6.2.7) finds that shared parking spaces equal to the percent reduction requested are available within 300 feet of the lot and the following criteria have been met:

A written shared parking agreement shall terminate automatically if there is a change in the use of the property requiring a greater number of parking spaces; notwithstanding the foregoing, it shall not terminate solely because of a change of use if the new use requires the same or a lesser number of parking spaces than the use to which the agreement applies.

The SPGA may require the applicant to provide a parking study or parking survey with all information deemed necessary to render a decision in Subsection 6.2.2.b.

The minimum number of required off-street parking spaces as set forth in Subsection 6.2.1 may be reduced by special permit from the Board of Appeals upon determination that special circumstances render a lesser provision adequate for the parking needs in any particular case. If a reduction in parking is made under this section based on the use of shared parking, the requirements for shared parking under Subsection 6.2.2.c above shall apply.

Is in compliance with all provisions and requirements of this bylaw, and in harmony with its general intent and purpose;

Is essential or desirable to the public convenience or welfare at the proposed location;

Will not be detrimental to adjacent uses or to the established or future character of the neighborhood;

Will not create undue traffic congestion, or unduly impair pedestrian safety;

Will not overload any public water, drainage, or sewer system or any other municipal facility to such an extent that the proposed use or any existing use in the immediate area or in any other area of the Town will be unduly subjected to hazards affecting public health, safety, or general welfare.

Front, side, and rear yards greater than the minimum required by this bylaw; screening buffers or planting strips, fences or walls as specified by the authority;

Limitations upon the size, number of occupants, method and time of operation, time duration of the permit, or extent of facilities;

Regulations of number and location of driveways, or other traffic features, and off-street parking or loading, or other special features beyond the minimum required by this bylaw.

An absence, or inability to act, or conflict of interest on the part of any member of the Planning Board; or

A vacancy on the Board.

To provide that lands in the Town subject to seasonal or periodic flooding shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof.

To protect, preserve, and maintain the water table and water recharge areas within the Town so as to preserve present and potential water supplies for the public health and safety of the residents of the Town.

To assure the continuation of the natural flow pattern of the watercourse(s) within the Town in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation.

Any person desiring to establish any permitted use in Floodplain District involving or requiring the erection of new or alteration or moving of existing structures, or dumping, filling, transfer, relocation, or excavation of earth materials, or storage of materials or equipment shall submit an application to the Select Board for a special permit, describing in detail the proposed use of the property and the work to be performed, accompanied by plans showing:

Copies of the application and plans shall be delivered by the applicant to the Building Commissioner, Planning Board, Board of Health, and the Conservation Commission.

The Select Board may issue, in accordance with the regulations appearing in Section 6.3 of this bylaw, and in compliance with all applicable provisions of this bylaw, a special permit under this section, if the Board determines, as provided in Subsection 3.2.1 of this bylaw, that the land in question is being in fact not subject to floodplain restrictions for any use which would otherwise be permitted if such land were not, by operation of this section, in the Floodplain Districts have been established. The Board may issue a special permit with such conditions as it deems necessary in the interests of public health or safety, and welfare. The burden of proving that the proposed use will not endanger the health or safety of occupants or the public will rest upon the applicant, who will submit such engineering and hydrological data as may be required. Without limiting the generality of the foregoing, the Board shall insure:

Granting of a special permit by the Select Board does not indicate in any way compliance with the provisions of the Wetland Protection Act, MGL c. 131, § 40.

The proposed construction, use, or change of grade will not reduce natural water storage so that water levels on other land are substantially raised, or danger from flooding increased;

Safe vehicular and pedestrian movement to, over, and from the premises is provided;

The proposed method of drainage and sewage disposal is approved by the Board of Health, and will not cause pollution or otherwise endanger public health.

At a single, detached, single-family house, one sign not over two square feet in area, showing the name of the occupants.

At religious, educational or philanthropic institutions, a library, museum, art gallery, or building or area for municipal or government use or service, one sign not over four square feet in area at each entrance.

A temporary, unlighted sign not over six square feet in area pertaining to construction, repair, lease, or sale of the property on which it is displayed.

One temporary sign, to be displayed on the premises for not more than one week, not exceeding 10 square feet in area, advertising or announcing a sale, entertainment, or other activity open to the public, being conducted by a religious, philanthropic, social, or other nonprofit organization.

At each entrance to a farm, orchard, commercial greenhouse, nursery, truck garden, woodlot, or roadside farm stand permitted or authorized under this bylaw, one sign not over four square feet in area.

For permitted use of residential property, one sign not over two square feet in area.

On property in a Residence District devoted to a use authorized by special permit, one sign not over four square feet in area.

In a Commercial District, no more than two signs, not to exceed 25 square feet in total combined area, attached flat against the wall of the building, advertising the name of the firm or goods or services available or produced on the premises. No sign shall project over a parapet wall or over a public way owned or maintained by the Town. In the case of privately owned alleys and lanes, where a sign flat against the building would not be readily visible from a public way, one sign for each establishment, not exceeding four square feet in area, is permitted to project over the private way, provided that its lowest point is at least seven feet above the surface of the way and provided that the Town Building Commissioner determines that it would not be dangerous to the public using the way.

In a Commercial District, any multiple uses on a lot may display only one sign not exceeding 16 square feet in area for each separate business establishment in addition to a directory sign for multiple listing of uses on the premises. Such directory sign shall not exceed 16 square feet in area and may provide up to four square feet of space for each separate use on the premises. Such directory sign may be a freestanding sign not over 10 feet in height.

In a Manufacturing District, no more than two signs, not to exceed 50 square feet in total combined area, attached flat against the wall are permitted. Said signs may advertise only the name of the firm and/or goods or services available or produced on the premises. No sign shall project more than six feet above a parapet wall, or

In Manufacturing Districts, one sign, not attached flat against the building, advertising the name of the firm and/or goods or services available or produced on the premises, permitted not to exceed 12 square feet in total combined area.

No sign shall use moving parts, noise-making devices, or blinking, rotation, or flashing or red lights, or changes in light intensity; and except as otherwise provided herein, no sign shall be placed on the roof of any building or structure, or extend above the parapet or eave line.

No illuminated sign or lighting device shall be so placed or directed upon a public way or adjacent premises as to cause glare or reflection that may constitute a traffic hazard or nuisance.

No sign shall be located off the premises to which it applies, except that directional, informational or identification signs may be allowed where such signs will serve the public convenience and not be detrimental to the neighborhood with respect to size, location, or design.

A freestanding sign may not be closer to the front property line than 1/2 the depth of the required front yard, and in Residence Districts may not exceed four feet in height above grade, and in Commercial Districts 10 feet.

No portable sign of any type will be allowed except for a period of not more than three days at a maximum square footage of five square feet per side. This will be allowed up to four times per calendar year.

No driveway or other access to a way shall serve more than two dwellings or other principal or permitted structures, except as provided by special permit pursuant to the provisions of this bylaw.

The Building Commissioner shall request a review of the driveway by the Highway Superintendent prior to the issuance of a building permit, to ensure that the driveway will provide safe access to the property for all vehicles, including emergency vehicles and vehicles carrying hazardous materials, such as home heating oil. The Highway Superintendent may, if he/she so chooses, consult Town emergency personnel or other such professionals to determine emergency vehicle access adequacy. Following a site visit, the Highway Superintendent shall, if he/she deems such driveway layout proper, issue a driveway cut permit. All driveways shall be sufficiently constructed for permanent access and travel before issuance of any certificate of occupancy. Said certificate of occupancy must be signed by the Highway Superintendent upon driveway acceptance (under this section).

No driveway shall be approved which does not conform to the following standards:

In all districts, common driveways to serve a maximum of four lots may be created only by special permit by the Planning Board. A lot served is any lot crossed by the common driveway, whether or not any building or any dwelling on the lot is actually accessed and/or served by this common driveway, or on any lot on which any building or any dwelling is accessed and/or served by this common driveway. All such lots must be included in the list and number of lots served.

Each such common driveway must meet the following criteria:

When deciding whether or not to grant special permit to create a common driveway, the Planning Board should consider:

Strict compliance with the requirements of these rules, and of any regulations which may be issued, may be waived in any specific respect if the Board finds that:

Granting of a special permit under this bylaw does not constitute a waiver of any other applicable bylaw or statute.

The Planning Board may issue regulations to go with this bylaw, including charging a filing fee adequate to cover both legal review and construction inspection.

The driveway shall be sufficiently constructed for access before the issuance of any building permit. The Building Commissioner shall request a review of the driveway by the Highway Superintendent prior to the issuance of the permit to ensure that the driveway will provide safe access to the property for all emergency vehicles.

No certificate of occupancy shall be issued for a residence served by a common driveway until the Planning Board certifies in writing that the common driveway has been completed in accordance with the standards of this section.