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~Final 2012 spring annual town meeting warrant-with appendices-1

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2012 spring annual town meeting warrant

2012 spring annual town meeting warrant


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  • 1. TOWN OF CHELMSFORD WARRANT FOR ANNUAL TOWN ELECTION April 3, 2012MIDDLESEX, SS.To the Constable, or any other suitable person of the Town of Chelmsford:Greeting:In the name of the Commonwealth aforesaid, you are hereby requested to notify and warn the legal voters ofsaid Chelmsford to meet in their several polling places, VIZ: Precinct 1. Town Offices Gymnasium, 50 Billerica Road Precinct 2. Harrington Elementary School Gymnasium, 120 Richardson Road Precinct 3. Harrington Elementary School Gymnasium, 120 Richardson Road Precinct 4. Westlands School Gymnasium, 170 Dalton Road Precinct 5. Byam School Gymnasium, 25 Maple Road Precinct 6. Westlands School Gymnasium, 170 Dalton Rd Precinct 7. McCarthy Middle School, Small Gymnasium, 250 North Road Precinct 8. McCarthy Middle School, Small Gymnasium, 250 North Road Precinct 9. Town Offices Gymnasium, 50 Billerica RoadOn Tuesday, the 3rd day of April, 2012 being the first Tuesday in said month at 7:00 a.m. until 8:00 p.m. forthe following purposes:To bring in their votes for the following officers: Two Selectmen for three years; One School Committee Member for three years; Two Library Trustees for three years; One Board of Health Member for three years; Three Planning Board Members for three years; One Planning Board Member for an unexpired two year term; One Cemetery Commissioner for three years; One Housing Authority Member for five years;Chelmsford 2012 Spring Town Meeting Warrant Page 1 of 28
  • 2. QUESTION 1 (Advisory): Shall the Town of Chelmsford pay the debt service for a new center fire stationadjacent to the Town Offices from the existing property tax levy? {This fire station would not be financed by aProposition 2 ½ debt exclusion.} Yes NoandTo bring in their votes for the election of one hundred and sixty two Town Meeting Members, EighteenRepresentatives in Precincts 1 through 9, for terms based on election results as stated in the charter as follows:The first third in order of votes received shall serve for three years; the second third of such order shall servefor two years, and the remaining third in such order shall serve for one year from the date of the annual townelection.;and to meet in the Senior Center, 75 Groton Road, North Chelmsford, on Monday, the thirtieth day of April, at7:30 p.m. in the evening, then and there to act upon the following articles, VIZ:ARTICLE 1. To hear reports of the Town Officers and Committees; or act in relation thereto. SUBMITTED BY: Board of SelectmenARTICLE 2. To see if the Town will amend the Fiscal Year 2012 operating budget voted under Article 3 ofthe Spring Annual Town Meeting held on April 25, 2011, and amended under Article 6 of the Fall AnnualTown Meeting held on October 17, 2011; or act in relation thereto. SUBMITTED BY: Town ManagerARTICLE 3. To see if the town will vote to accept the proposal of the Regional District School Committeepassed on October 11, 2011 to amend the agreement establishing the Nashoba Valley Technical School Districtas amended (a) by providing for the admission to the district of the Town of Ayer as a vote to accept theagreement as amended; (b) by providing that members of the Committee shall be appointed by an appointingcommittee in each in each town consisting of the moderator, selectmen and local school committee members;(c) by providing that membership on the committee shall be as follows: Chelmsford - 3 members, Groton – 1member, Littleton - 1 member, Westford – 2 members, Pepperell – 3 members, Shirley – 1 members,Townsend – 2 member, Ayer – 1 member (if Ayer joins the district); (d) by providing that each member townwill have an alternate member to the committee who can serve in the absence or disability of a member from thetown involved; (e) by providing that the admission of a new town or towns to the District shall result in thereapportionment accordingly of capital costs of the District represented by bonds or notes of the District thenoutstanding and of interest thereon; (f) by providing that the capital costs of any subsequent capitalimprovements of the district shall be apportioned among all the member towns on the basis of their respectivepupil enrollments in the district school; (g) by providing that in each case where the apportionment of capitalcosts is to be based on pupil enrollments in the district school, each member town shall be deemed to have anenrollment of at least five pupils; (h) by conforming the dates on which payments to the district by the membertowns are due to a July 1 - June 30 fiscal year; and (i) by making technical changes incidental to the foregoingamendments. (Such amendment will not become effective until the amendment is accepted by two-thirds of themember towns, approved by the Town of Ayer and upon the authorization of the Commissioner of Elementaryand Secondary Education). Copies of the agreement as amended and proposed to be amended, as described inthis Article, are available at the office of the town clerk.; or act in relation thereto. SUBMITTED BY: Nashoba Valley District School CommitteeChelmsford 2012 Spring Town Meeting Warrant Page 2 of 28
  • 3. ARTICLE 4. To see if the Town will vote to raise and appropriate, or transfer from available funds such sumsof money as may be required to defray Town charges for the fiscal period July 1, 2012 to June 30, 2013; or actin relation thereto. SUBMITTED BY: Town ManagerARTICLE 5. To see if the Town will vote to raise and appropriate, or transfer from available funds, a certainsum of money for the FY13 budget to operate the Sewer Enterprise; or act in relation thereto. SUBMITTED BY: Town ManagerARTICLE 6. To see if the Town will vote to raise and appropriate, or transfer from available funds, a certainsum of money for the FY13 budget to operate the Golf Course Enterprise; or act in relation thereto. SUBMITTED BY: Town ManagerARTICLE 7. To see if the Town will vote to raise and appropriate, or transfer from available funds such sumsof money to be used as a Reserve Fund at the discretion of the Finance Committee for Fiscal Year 2013, asprovided in General Laws Chapter 40, Section 6; or act in relation thereto SUBMITTED BY: Town ManagerARTICLE 8. To see if the Town will vote to authorize revolving funds under Massachusetts General Law,Chapter 44, Section 53E ½ for the following departments in Fiscal Year 2013 with expenditures from said fundsshall be limited to a certain sum as specified during Fiscal Year 2013: • Town Clerk: The receipts to be credited to the fund shall be from the collection of fees from rabies clinic, pound and adoption fees. The Town Clerk shall be authorized to spend money from the fund for the purpose of providing improvements associated with the dog pound and programs and expenses associated with the licensing of animals. Expenditures from the program shall be limited to $10,000 during Fiscal Year 2013. • Council on Aging: The receipts to be credited to the fund shall be from the collection of fees from the implementation of a Senior Trip Program. The Council on Aging shall be authorized to spend money from the fund for the purpose of providing transportation necessary for implementing a Senior Trip Program. Expenditures from the Senior Trip program revolving fund shall be limited to $300,000 during Fiscal Year 2013. • Council on Aging: The receipts to be credited to the fund shall be from the collection of fees from the implementation of a Senior Respite Care Program. The Council on Aging shall be authorized to spend money from the fund for the purpose of providing personnel and expenditures for implementing a Senior Respite Care Program. Expenditures from the Senior Respite Care Program revolving fund shall be limited to $300,000 during Fiscal Year 2013. • Police Department: The receipts to be credited to the fund shall be from the collection of fees from the sale of used police cruisers. The Police Department shall be authorized to spend money from the fund for the purpose of purchasing communication equipment for newly acquired police cruisers. Expenditures from the Police Cruiser revolving fund shall be limited to $20,000 during Fiscal Year 2013. • Inspection Department: The receipts to be credited to the fund shall be from the collection of fees from the Sealer of Weights and Measures. The Inspection Department shall be authorized to spendChelmsford 2012 Spring Town Meeting Warrant Page 3 of 28
  • 4. money from the fund for the purpose of administering the services of the Sealer of Weights and Measures. Expenditures from the Weights and Measures revolving fund shall be limited to $9,000 during Fiscal Year 2013; or act in relation thereto. SUBMITTED BY: Town ManagerARTICLE 9. To see if the Town will vote to appropriate a certain sum of money for the following capitalprojects: FY2013 PROPOSED CAPITAL BUDGET Department /Location Project Expenditure Information Technology Cat 6 Wiring DPW Facility $35,000 Fiber Run DPW Facility $100,000 Database Update Police & Fire $60,000 Virtual Environment Consolidation $40,000 Information Technology Subtotal $235,000 Police Automated License Plate Readers $40,000 Fire Digital Radio Upgrade $112,000 Public Safety Subtotal $152,000 Public Works Drainage Improvements $100,000 Sander Truck Replacement (1998) $180,000 Roadway Improvements $100,000 One Ton Dump Truck Replacement (2000) $45,000 6 Wheel Truck Cab & Chassis $160,000 Sidewalk Construction $220,000 Cemetery Pick up Truck Replacement $40,000 Public Works Subtotal $845,000 General Government Facilities Library – Upgrade Controllers $65,000 General Government Facilities Subtotal $65,000 General Government Vehicles Motor Pool Hybrid Vehicles $100,000 General Government Vehicles Subtotal $100,000 South Row School Plumbing $255,441 Parker Middle School Locker Room Renovation $42,000 Gymnasium Upgrade $119,000 McCarthy Middle School Parking Lot, Curbs and Sidewalks $70,000 Locker Room Renovation $52,000 High School Gymnasium Upgrade $305,000 Stadium Lights $55,000 Renovate Locker & Team Rooms $95,000 School Facilities Subtotal $993,441 School -Technology Thin Clients $107,890 21st Century Classroom (incl. whiteboards) $75,000 Wireless Initiative $90,000 One to One Computing $85,000 POE Switches/ VOIP Phones $108,000 Security Cameras $90,000 School Technology Subtotal $555,890 CAPITAL PROJECTS TOTAL $2,946,331Chelmsford 2012 Spring Town Meeting Warrant Page 4 of 28
  • 5. And to see if the Town will vote to raise and appropriate, transfer and appropriate from available funds, transferand appropriate from the General Stabilization Fund, and/or borrow a certain sum of money to fund theseobligations, and to further authorize the Town Manager to enter into lease and/or purchase agreements, on suchterms and conditions as the Town Manager deems appropriate in the best interests of the Town, in excess ofthree years; or act in relation thereto. SUBMITTED BY: Board of Selectmen Town Manager Capital Planning Committee Two-Thirds VoteARTICLE 10. To see if the Town will vote to raise and appropriate, transfer from available funds, and/orborrow pursuant to Massachusetts General Laws Chapter 44, Section 7 or 8, or any other enabling authority, acertain sum of money to fund the design and construction of a new town center fire station headquarters facilityadjacent to the Town Offices on a portion of the 8.69 acre parcel of Town-owned land located at 50 BillericaRoad identified as Lot 5 on Assessors’ Map 73, Block 289, including related survey, legal, and other costsincidental and related thereto; or act in relation thereto. SUBMITTED BY: Town Manager Two-Thirds VoteARTICLE 11. To see if the Town will vote to raise and appropriate, transfer from available funds, and/orborrow a certain sum of money for the replacement of univents and the installation of DDC controls at thefollowing schools: Chelmsford High School, located at 200 Richardson Road; Parker School, located at 75 Graniteville Road; Byam School, located at 25 Maple Road; Harrington School, located at 120 Richardson Road; Westlands School, located at 170 Dalton Road;and for the conversion of 1/3 of the Parker School building, located at 75 Graniteville Road, from steam toforced hot water heat from existing boilers.;which proposed repair projects would materially extend the useful life of the schools and preserve assets thatotherwise are capable of supporting the required educational program, said sum to be expended under thedirection of the School Building Committee, and to meet said appropriation the Treasurer, with the approval ofthe Board of Selectmen, is authorized to borrow a certain sum of money under M.G.L. Chapter 44, or any otherenabling authority; that the Town of Chelmsford acknowledges that the Massachusetts School BuildingAuthority’s (“MSBA”) grant program is a non-entitlement, discretionary program based on need, as determinedby the MSBA, and any project costs the Town of Chelmsford incurs in excess of any grant approved by andreceived from the MSBA shall be the sole responsibility of the Town of Chelmsford; provided further that anygrant that the Town of Chelmsford may receive from the MSBA for the Project shall not exceed the lesser of (1)forty-nine and thirty-one hundreds percent (49.31%) of eligible, approved project costs, as determined by theMSBA, or (2) the total maximum grant award determined by the MSBA; and that the amount of borrowingauthorized pursuant to this vote shall be reduced by any grant amount set forth in the Project FundingAgreement that may be executed between the Town of Chelmsford and the MSBA; or act in relation thereto. SUBMITTED BY: Town Manager Two-Thirds VoteChelmsford 2012 Spring Town Meeting Warrant Page 5 of 28
  • 6. ARTICLE 12. To see if the Town will vote to raise and appropriate, transfer from available funds, and/orborrow pursuant to Massachusetts General Laws Chapter 44, Section 7 or 8, or any other enabling authority, acertain sum of money to fund the design and the redevelopment and reconstruction of the Department of PublicWorks facility located at 9 Alpha Road; or act in relation thereto. SUBMITTED BY: Town ManagerARTICLE 13. To see if the Town will vote to transfer a certain sum of money from the Sale of Graves andLots to the Cemetery Improvement and Development fund; or act in relation thereto. SUBMITTED BY: Cemetery CommissionARTICLE 14. To see if the Town will vote to raise and appropriate or transfer from available funds a sum ofmoney to fund the Community Action program established under Article 12 of the April 29, 1996 SpringAnnual Town Meeting. The purpose of this program shall be to provide matching funds to communityimprovement projects undertaken by individuals and/or organizations within the Town of Chelmsford; or act inrelation thereto. SUBMITTED BY: Town ManagerARTICLE 15. To see if the Town will vote to transfer the care, custody, management and control of theTown-owned parcels of land described below from the Board of Selectmen and/or any other board or officer forthe purposes for which they are presently held to the Conservation Commission for conservation and open spacepurposes under G.L. c. 40, § 8C: Deed Approx. Address Map-Block-Lot Reference Acreage Shore Drive 19-48-30 1942/689 4.00 Mallory Street 19-48-34 03041/0053 0.10 Parkhurst Road 32-122-1 LCD#261148 1.26 Evergreen Street 41-140-12 2153/300 1.61 Evergreen Street 41-140-22 2153/300 1.99 Crabapple Lane 70-294-21 01853/0576 3.35 Hunt Road 100-389-13 LCD#263623 1.87 Mill Road 105-397-25 03732/0012 6.70 Mill Road 113-397-4 02906/0246 3.40 Country Club Drive 110-429-10 10635/26 0.97 Acton Road 137-493-4 7024/245 6.40; or act in relation thereto. SUBMITTED BY: Board of Selectmen Town Manager Conservation Commission Two-Thirds VoteChelmsford 2012 Spring Town Meeting Warrant Page 6 of 28
  • 7. ARTICLE 16. To see if the Town will vote to amend Chapter 161, “Trees” of the Code of Chelmsford bydeleting the current Sections 161-1 and 161-2 in their entirety, which read as follows: Section 161-1 Tree planting. All contractors, builders, companies, corporations or individuals who or which promote the construction of multiple houses, housing units or developments or the erection of three or more houses in a given area shall be required to plant one tree for each lot and two trees for every corner lot. Such planting shall be done before the street is paved and must be in accordance with the specifications as prescribed by the Director of Public Works. Section 161-2 Willow trees. Any willow tree found growing within 50 feet of any portion of a town-maintained drainage system or within 50 feet of any drainage easement, whether granted to the town by specific deed or included on a definitive plan submitted pursuant to the provisions of the Subdivision Control Law, is hereby declared to be a nuisance, and it shall be unlawful to permit any such willow tree to grow or remain in any such location. It shall be the duty of the Tree Warden to serve, or cause to be served, notice upon the owner of any premises on which willow trees are permitted to grow in violation of the provisions of this section and demand abatement of this nuisance within 30 days.and replacing it with the following language: Section 161-1 Intent and purpose. It is the intent of this Bylaw to sustain environmental health, enhance the economic well-being and maintain the quality of life for the citizens of the Town of Chelmsford. Public trees make an important contribution to the character and heritage of Chelmsford’s neighborhoods. This Bylaw establishes policy for ensuring the health and longevity of the Town’s trees. Section 161-2 Tree Warden. The care and management of public trees shall be the responsibility of the Tree Warden, or that official’s designee. The Tree Warden is responsible for planting, maintaining and removing trees from streets, parks and other designated public places in accordance with M.G.L. c. 87 s. 2. Section 161-3 Public shade trees. It shall be the policy of the Town of Chelmsford to encourage the conservation of public shade trees (as defined in M.G.L. c. 87 s. 1) and to establish a planned program of replacement on a one-for-one basis of all public shade trees removed due to disease, death, public nuisance, construction or safety with a native tree. The Tree Warden shall determine the type and size of the replacement tree. While the goal under this policy to have a native public shade tree replanted in the same location as the removed tree, it may be replanted in an alternate location at the discretion of the Tree Warden if necessary. Section 161-4 Tree Replacement, Establishment and Enhancement (TREE) Committee. A. There shall be a Tree Replacement, Establishment and Enhancement (TREE) Committee to facilitate and encourage the long-term health of Chelmsford’s public trees. B. Said Committee, once appointed, shall develop and administer a comprehensive tree management program to guide the Town and the Committee’s activities. Such activities include, but are not limited to, the following: (1) Facilitating and encouraging the long-term health of Chelmsford’s public trees and promoting native tree species; (2) Performing tree surveys, inventories, and evaluations;Chelmsford 2012 Spring Town Meeting Warrant Page 7 of 28
  • 8. (3) Creating manuals or guidance for planting, maintaining and removing trees from streets, parks and other designated public places; (4) Developing best management practices for urban forestry and silvicultural work; (5) Working in conjunction with the Tree Warden to seek grants or other assistance concerning the preservation and maintenance of trees in Town; and (6) Performing public education and coordination with civic groups to promote Arbor Day and other special events related to public trees. C. The duties and responsibilities of the Committee shall include, but not be limited to: (1) Writing and updating an annual community forestry work plan; (2) Advising the Town Manager in matters related to the care and management of Town-owned properties that contain public trees; (3) Advising the Board of Selectmen, Department of Public Works, Conservation Commission, and other local organizations, on projects and activities involving public trees in Town; (4) Advising the Tree Warden on planting, maintaining and removing trees from streets, parks and other appropriate public places; and (5) Engaging in projects and activities that promote sustainable forestry and the long-term health of public trees in Town, including programs and community events. D. The Committee shall consist of five members appointed by the Town Manager. When the initial appointments are made, two members shall be appointed for a term of three years, two members shall be appointed for a term of two years, and one member shall be appointed for a term of one year. Thereafter, each member shall be appointed for a term of three years. Each term shall expire at the end of the appropriate fiscal year. Section 161-5 Private tree planting. All contractors, builders, companies, corporations or individuals who or which promote the construction of multiple houses, housing units or developments or the erection of three or more houses in a given area shall be required to plant one tree for each lot and two trees for every corner lot. Such planting shall be done before the street is paved and must be in accordance with the specifications as prescribed by the Tree Warden. Section 161-6 Willow trees. Any willow tree found growing within 50 feet of any portion of a town-maintained drainage system or within 50 feet of any drainage easement, whether granted to the town by specific deed or included on a definitive plan submitted pursuant to the provisions of the Subdivision Control Law, is hereby declared to be a nuisance, and it shall be unlawful to permit any such willow tree to grow or remain in any such location. It shall be the duty of the Tree Warden to serve, or cause to be served, notice upon the owner of any premises on which willow trees are permitted to grow in violation of the provisions of this section and demand abatement of this nuisance within 30 days.; or act in relation thereto. SUBMITTED BY: Town ManagerChelmsford 2012 Spring Town Meeting Warrant Page 8 of 28
  • 9. ARTICLE 17. To see if the Town will vote to hear and act on the report of the Community PreservationCommittee on the Fiscal Year 2013 Community Preservation budget and:A. To appropriate a certain sum of money from FY2013 Community Preservation Fund revenues and/or fromCommunity Preservation Fund reserves for the payment of Fiscal Year 2013 debt service;B. To appropriate from FY2013 Community Preservation Fund revenues the following: (1) a sum of money to meet the administrative expenses and all other necessary and proper expenses of the Community Preservation Committee for Fiscal Year 2013;and further,C. To reserve for future appropriation amounts from FY2013 Community Preservation Fund revenues asrecommended by the Community Preservation Committee: (1) a sum of money for the acquisition, creation and preservation of open space excluding land for recreational use, (2) a sum of money for the acquisition and preservation of historic resources, (3) a sum of money for the creation, preservation and support of community housing; (4) a sum of money for the Community Preservation Fund FY2013 Budgeted Reserve; or act in relation thereto. SUBMITTED BY: Community Preservation CommitteeARTICLE 18. To see if the Town will vote to appropriate a certain sum of money from the CommunityPreservation Fund Historic Preservation Reserve and/or from the Community Preservation Fund GeneralReserve to fund the exterior restoration of the 1802 School House located off of Westford Street on a 1,600square-foot parcel of land adjacent to Forefathers Burial Ground, identified by the Board of Assessors as Map73, Block 320, Lot 3; or act in relation thereto. SUBMITTED BY: Town Manager Community Preservation CommitteeARTICLE 19. To see if the Town will vote to appropriate a certain sum of money from the CommunityPreservation Fund Historic Preservation Reserve and/or from the Community Preservation Fund GeneralReserve to fund the exterior restoration of the Middlesex Canal Toll House located on the Town Common; oract in relation thereto. SUBMITTED BY: Town Manager Community Preservation CommitteeARTICLE 20. To see if the Town will vote to appropriate a certain sum of money from the CommunityPreservation Fund Historic Preservation Reserve and/or from the Community Preservation Fund GeneralReserve to fund the restoration of gravestones at Forefathers Burial Ground located off of Westford Street on afive-acre parcel of land, identified by the Board of Assessors as Map 73, Block 320, Lot 2; or act in relationthereto. SUBMITTED BY: Cemetery Commission Community Preservation CommitteeChelmsford 2012 Spring Town Meeting Warrant Page 9 of 28
  • 10. ARTICLE 21. To see if the Town will vote to appropriate a certain sum of money from the CommunityPreservation Fund Historic Preservation Reserve and/or from the Community Preservation Fund GeneralReserve to fund the restoration of gravestones at Riverside Cemetery located off of Middlesex Street on a 3.84acre parcel of land, identified by the Board of Assessors as Map 14, Block 19, Lot 23; or act in relation thereto. SUBMITTED BY: Cemetery Commission Community Preservation CommitteeARTICLE 22. To see if the Town will vote to appropriate a certain sum of money from the CommunityPreservation Fund Historic Preservation Reserve and/or from the Community Preservation Fund GeneralReserve to fund the restoration of and provide for handicapped-accessibility at the Chelmsford Water District’sWarren Avenue Pump Station located off of Warren Avenue on a 17.29 acre parcel of land, identified by theBoard of Assessors as Map 95, Block 368, Lot 1; or act in relation thereto. SUBMITTED BY: Chelmsford Water District Community Preservation CommitteeARTICLE 23. To see if the Town will vote to appropriate a certain sum of money from the CommunityPreservation Fund Historic Preservation Reserve and/or from the Community Preservation Fund GeneralReserve, and utilizing a grant from Chelmsford Telemedia, for the purpose of purchasing and installingtheatrical lighting and a sound system for the North Town Hall; or act in relation thereto. SUBMITTED BY: Town Manager Community Preservation CommitteeARTICLE 24. To see if the Town will vote to appropriate a certain sum of money from the CommunityPreservation Fund Open Space Preservation Reserve and/or from the Community Preservation Fund GeneralReserve for the purpose of open space preservation activities, including capital improvement projects forpublicly accessible open space properties, including improvements to Chelmsford Land Conservation Trustparcels; or act in relation thereto. SUBMITTED BY: Community Preservation CommitteeChelmsford 2012 Spring Town Meeting Warrant Page 10 of 28
  • 11. ARTICLE 25. To see if the Town will vote to amend the The Town Code, Chapter 195, “Zoning Bylaw”,Article XX, “Terminology”, for purposes of revising section 195-108, “Word usage and definitions,” bydeleting the language shown in strikethrough and adding the language shown as underlining in the attachedAppendix 1, or act in relation thereto.ExplanationThis article seeks a comprehensive revision of the definitions within the Zoning Bylaw in accordance with recommendation # 27 ofthe 2010 Master Plan. Specifically, this article revises existing definitions and creates new definitions to provide improved clarityand to address changing land use trends for purposes of managing land use and zoning in a manner that is consistent with theTown’s character.Specifically, of the 101 existing definition, 25 have been revised of which 18 inlcude minor refinements and the remaining 7include fundemental changes. These 7 definitions include; Contractor’s Yard (Outdoor), family, Lot frontage, Manufacturing(light), Nursing / convalescent / rehabilitation home, office and restaurant (fast food).The following 4 existing definitions have been deleted; animal kennel or hospital, campground, Group Residence and impervious. A total of 16 new terms are defined. Of the 16, the following 8 are currently listed in the Use Table but were not defined; bank orfinancial agency, cemetery, contractor’s yard (outdoor), , fairgrounds, carnivals and similar outdoor events, hospital, motor vehiclesales and rental, motor vehicle body repair and self storage mini warehouse. The following 8 terms are newly introduced; drive-through window, helipad, Manufacturing (heavy), motor vehicle, motor vehicle towing and storage, motor vehicle fueling station,motor vehicle washing facility and research and development. SUBMITTED BY: Planning Board Two-Thirds voteARTICLE 26. To see if the Town will vote to amend the The Town Code, Chapter 195, “Zoning Bylaw”, forpurposes of revising Attachment 1 “Use Regulation Schedule,” by deleting the language shown in strikethroughand adding the language shown as underlining in the attached Appendix 2, or act in relation thereto.ExplanationThis article seeks a comprehensive revision of the Use Regulation Schedule in accordance with recommendation # 27 of the 2010Master Plan . Specifically, this article revises existing use regulations and creates new use regulations to provide improved clarityand to address changing land use trends for purposes of managing land use and zoning in a manner that is consistent with theTown’s character.Specifically, of the 66 existing uses, 22 have been revised related to whether a use is permitted by-right (Y), a special permit (PB/BA) or prohibited (N) and where a special permit is required, whether it will be granted by the Planning Board (PB) or ZoningBoard of Appeals (ZA) or a combination of the two revisions.2 existing definitions have been deleted; Group Residence and Child Care facility. A total of 20 new uses have been incorporated. Of the 12, the following 4 are referred to in the zoning bylaw but were not listedin the use regulation schedule; accessory residential, accessory exempt, massage service establishment and accessory industrial.The following 8 uses are newly incorporated; motor vehicle towing and storage, motor vehicle fueling station, motor vehiclewashing facility,medical clinic, family day care home (non-exempt), heavy manufacturing, warehouse and research &development. SUBMITTED BY: Planning Board Two-Thirds voteChelmsford 2012 Spring Town Meeting Warrant Page 11 of 28
  • 12. ARTICLE 27. To see if the Town will vote to amend the The Town Code, Chapter 195, “Zoning Bylaw”, byinserting a new Article XVIIIB , “Route 129 Business Amenity Zoning Overlay District,” as follows:Article XVIIIB. Rt. 129 Business Amenity Zoning Overlay District195-98.6 Purpose and Intent The Route 129 Business Amenity Zoning Overlay District (BAZOD) is intended to achieve the following strategic goals and objectives: 1. address changing market conditions, specifically the desire by employers and employees, to have access to goods and services 2. provide access to business amenities that is limited in scope and scale for purposes of preserving Route 129’s underlying and surrounding Limited Industrial (IA) zoning district which functions as an office and research and development park 3. promote orderly, effective and quality development for purposes of preserving and enhancing the existing aesthetic qualities and characteristics of Route 129 such as building height, architectural style, streetscape character, open space, pedestrian scale, and overall business office park setting; such that it protects and enhances the value of real property.195-98.7 Definitions 1. Business Amenity: A commercial use, as further defined in section 195-98.5. that may be located within new construction, conversion of existing square footage and within an addition to an existing structure, that meets the daily needs of the employee population through the offering of goods and services in close proximity to promote a reduction in traffic, increased pedestrian activity and amenity choices near existing businesses.195-98.8 Applicability / Eligibility Requirements 1. Any newly constructed structure over 10,000 gross sq. ft. shall require a special permit from the Planning Board. 2. Within an existing structure, any conversion over 10% or 5,000, gross sq. ft. whichever is greater, shall require a special permit from the PB. 3. Additions to an existing structure over 5,000 gross sq. ft. shall require a special permit from the Planning Board. 4. Multiple principal structures are permitted on a single parcel in accordance with section 195-12. 5. All underlying zoning provisions and procedures shall remain applicable with the exception of those specifically noted in the following sub-sections. 6. All conversion and addition provisions shall be applied to existing conditions as of the effective date of bylaw.195-98.9 Establishment of Overlay District and Relationship to Underlying District A The location and boundaries of this overlay district are hereby established and part of this bylaw as shown on the Business Amenity Overlay Zoning District Map, dated February 7, 2012. The Overlay District is established as an overlay to the underlying district, so that any parcel of land lying within the Overlay District shall also lie in the zoning district in which it was previously classified, as provided for in this Zoning Bylaw. The Route 129 Business Amenity Overlay District includes the following parcels as identified on the 2011 Chelmsford Assessor’s Map:Chelmsford 2012 Spring Town Meeting Warrant Page 12 of 28
  • 13. Map Block Lot 75 291 44 75 291 49 75 291 52 86 291 1 86 328 1 86 328 2 86 328 3 86 328 4 86 328 5 86 328 6 86 328 8 86 328 9 86 328 10 86 328 14 86 328 15 97 328 5 97 328 7 97 328 8 97 328 9 97 328 10 97 328 11 97 385 1 97 388 1 98 385 1195-98.10 Permitted Uses By Right Special Permit by PB 1. Licensed day care facilities Y 2. Retail stores and services - drive-thrus are permitted - tenant space under 5,000 gsf Y - tenant space over 5,000 gsf Y 3. Restaurant – no drive-thrus - tenant space under 5,000 gsf Y - tenant space over 5,000 gsf Y 4. Restaurant, fast food – no drive-thrus - tenant space under 5,000 gsf Y - tenant space over 5,000 gsf Y 5. Bank or financial agency Y (drive-thrus are permitted) Y 6. Health club Y 7. Car rental service-no onsite vehicle repair or light service - under 15 on-site vehicles Y - over 15 on-site vehicles YChelmsford 2012 Spring Town Meeting Warrant Page 13 of 28
  • 14. 195-98.11 Dimensional Standards 1. BAZOD structures shall comply with the following dimensional requirements.Dimensional Requirement Minimum lot Requirements Area (x 1,000 sq. ft.) 40 Frontage (feet) 150 Minimum Yard Requirements Front 40 Side 30 Rear 30 Maximum Building Coverage 40% Stories 3 Height (feet) 35 Floor Area Ratio .45 2. Dimensional requirements may be reduced up to 50% by a special permit from the Planning Board.195-98.12 Design 1. Number and location of parking spaces a. New construction (retail store and services BAZOD only) i. Parking minimums may be reduced, without a special permit, by 25% from the requirements of section 195-17, based upon compliance with sub-sections 195- 98.12.2 and 195-98.12.7 ii. Parking may be further reduced, beyond 25%, by a special permit from the Planning Board per section 195-18. iii. All reduced parking shall be landbanked on site. iv. Compliance with sub-section 195-98.12.7 is required. b. Conversions i. under 10% or 5,000 gsq. ft., whichever is less, no additional parking will be required for BAZOD uses. However, existing on-site parking shall not be reduced. ii. Over 10% or 5,000 gross sq. ft., whichever is greater, required parking shall be determined as part of the special permit per section 195-98.8.2 c. Additions i. Under 5,000 gross sq. ft. no additional parking will be required for BAZOD uses. However, existing on site parking shall not be reduced. ii. Over 5,000 gross sq. ft. required parking shall be determined as part of the special permit per section 195-98.8.3 d. Location i. Section 195-21.A shall not be applicable. ii. Parking shall not be located within the front, side and rear yards per section 195- 98.12.3 2. Shared / common area parking may be provided in accordance with section 195-16.C 3. Landscaping a. New construction i. Sections 195-43, 196-44 .C and 195-45 shall not be applicable. ii. A 20 ft. landscaped area shall be provided along the side and rear property lines. iii. A 10 ft. landscaped area shall be provided along the frontage.Chelmsford 2012 Spring Town Meeting Warrant Page 14 of 28
  • 15. iv. The Planning Board may reduce ii and iii based upon a special permit. b. Conversions i. Under 5,000 gross sq. ft. existing landscaping shall not be reduced ii. Over 5,000 gross sq. ft. and where additional parking is either proposed or required per section 195-98.12.1.b.ii, landscaping shall be determined as part of the special permit. c. Additions i. Sections 195-43,196-44 .C and 195-45 shall not be applicable. ii. A 20 ft. landscaped area shall be provided along the side and rear property lines. iii. A 10 ft. landscaped area shall be provided along the frontage. iv. The Planning Board may reduce ii and iii based upon a special permit. 4. Mixed Uses The mix of underlying uses permitted in the IA district and uses permitted in the overlay district are permitted as follows: a. Conversions i. No more than (not to exceed) 15,000 gross sq ft. or 50%, which ever is less, of any structure b. New construction i. Any mix is permitted provided that the non BAZOD uses comply with the required number of parking spaces per section 195-17. c. Additions i. any mix is permitted; however not to exceed 50% of the combined structure 5. Orientation and Access a. Conversions and Additions i. The business amenity (s) shall have direct access / entry from the front facade of the structure that is oriented towards any public way. ii. May also provide for internal access / entry from within the existing structure 6. Maximum Gross sq. ft. of a single Business Amenity a. 20,000 gsq. ft. for any newly constructed single tenant structure 7. Connectivity a. Shall provide for vehicular, bicycle and pedestrian connections between adjacent properties to the maximum extent practicable such that at a minimum: b. A sidewalk shall be provided along the public way where the subject property abuts said way. c. Bicycle racks shall be provided. 8. Signs & Lighting a. shall comply with general provisions of Article VII b. Shall comply with specific provisions of sections 195-32 and 195-33 except as follows: i. The free standing sign shall be a monument sign, mounted on a base or other supports and where the bottom of the sign face is located within three (3) feet of ground level. ii. All exterior lighting shall comply with section 195-34 as applicable. 9. Architectural Building and Signage StandardsProposed buildings and signage shall be compatible with the prevailing character and style of the businessoffice park located within the Route 129 corridor. Particular attention shall be given to the following majordesign elements:Chelmsford 2012 Spring Town Meeting Warrant Page 15 of 28
  • 16. a. scale and proportions b. type, shape and pitch of roof c. size and spacing of windows, doors and other openings d. styling, materials and color e. architectural details and features The provisions of sub-section 195-98.12 (1-8), with the exemption of where a special permit is required, may be waived by the Planning Board upon a finding that such deviation will not detract from the purpose of the overlay district.195-98.13 Permit Process 1. Site Plan Review, per section 195-104, as applicable. 2. Special permits, per section 195-103, as applicable. 3. Approval Criteria In addition to the approval criteria in Section 195-104 and section 195-103, the Planning Board shall make the following findings: a. The project is consistent with the Purpose and Intent and definitions. b. Where special permits are granted per sections 195-98.11 & 195-98.12, said reductions and / or deviations shall achieve an improved site layout or design, without negatively impacting adjacent properties. c. The building and signage are compatible with the prevailing character and style of the business office park located within the Route 129 corridor.; or act in relation thereto.ExplanationThis article seeks to adopt a new overlay district for purposes of creating business amenities along the Rt. 129 (Billerica Road)corridor in accordance with recommendation # 12 of the 2010 Master Plan. This zoning provision was identified with input fromthe Economic Development Commission, property owners and businesses who indicated that the lack of amenties in area, such asfood establishements and personal and professional services, has resulted in a competive market disadvantages as it relates toretaining and recruiting businesses and employees.To ensure the future economic viability of the Rt. 129 office park corridor, the article permits business amenities that are limited inscale, will promote high quality redevelopment for the purposes of preserving and enhancing the existing Rt. 129 business officepark setting. SUBMITTED BY: Planning Board Two-Thirds voteChelmsford 2012 Spring Town Meeting Warrant Page 16 of 28
  • 17. Chelmsford 2012 Spring Town Meeting Warrant Page 17 of 28
  • 18. ARTICLE 28. To see if the Town will vote to amend the The Town Code, Chapter 195, “Zoning Bylaw”, forpurposes of revising section 195-8, “Nonconforming uses and structures”, by deleting the language shown instrikethrough and adding the language shown as underlining, as follows:.§ 195-8 Nonconforming uses and structures.A. Applicability. This chapter shall not apply to structures or uses lawfully in existence or lawfully begun or toa building or special permit issued before the first publication of notice of the public hearing required by MGLc. 40A, § 5 at which this chapter, or any relevant part thereof, was adopted. Such prior lawfully existingnonconforming uses and structures may continue, provided that no modification of the use or structure isaccomplished, unless authorized hereunder. For the purposes of § 195-8B and § 195-8C, the Board, of Appealsshall be the special permit granting authority for single- and two-family dwellings and the Planning Board shallbe the special permit granting authority for all other uses and structures, including multifamily andnonresidential uses and structures.[Amended 10-20-2008 ATM by Art. 12]B. Nonconforming uses. The Board of Appeals or the Planning Board, as applicable, may award a specialpermit to change a nonconforming use in accordance with this section only if it determines that such change orextension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.The following types of changes to nonconforming uses may be considered: by the Board of Appeals:[Amended 10-20-2008 ATM by Art. 12](1) Change or substantial extension of the use.(2) Change from one nonconforming use to another, less detrimental, nonconforming use.C. Nonconforming structures (except 1 & 2 family structures). The Board of Appeals or the Planning Board, asapplicable, may award a special permit to reconstruct, extend, alter or change, including the extension of anexterior wall at or along the same nonconforming line, parallel to the required setback, of a nonconformingstructure in accordance with this section only if it determines that such reconstruction, extension, alteration orchange shall not be substantially more detrimental than the existing nonconforming structure to theneighborhood. The following types of changes to nonconforming structures may be considered by the Board ofAppeals or the Planning Board, as applicable:[Amended 10-20-2008 ATM by Art. 12](1) Reconstructed, extended or structurally changed.(2) Altered to provide for a substantially different purpose or for the same purpose in a substantially differentmanner or to a substantially greater extent.(3) Reconstructed after a catastrophe, provided that the owner shall apply for a building permit and startoperations for reconstruction on said premises within two years after such catastrophe, and provided that thebuilding(s) as reconstructed shall be only as great in volume or area as the original nonconforming structure.D. Variance Required: Except as provided for in section C and E, tThe reconstruction, extension or structuralchange of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a newnonconformity, shall require the issuance of a variance from the Board of Appeals; including the extension ofan exterior wall at or along the same nonconforming distance within a required yard, shall require the issuanceof a variance from the Board of Appeals.E. By-Right Nonconforming single- and two-family residential structures. Nonconforming single- and two-family residential structures may be reconstructed, extended, altered or structurally changed (the work) upon adetermination by the Inspector of Buildings that such proposed reconstruction, extension, alteration or changedoes not increase the nonconforming nature of said structure.(1) The following circumstances, i-iv, shall not be deemed to increase the nonconforming nature of said structure, provided the gross square footage of the nonconforming structure is not increased by more than the standards in the below table:Chelmsford 2012 Spring Town Meeting Warrant Page 18 of 28
  • 19. i. Insufficient Lot Area. The work to a structure located on a lot with insufficient lot area which complies with all current setback, yard, building coverage, frontage and building height requirements; ii. Insufficient Frontage. The work to a structure located on a lot with insufficient frontage which complies with all current setback, yard, building coverage, lot area and building height requirements; iii. Other Encroachment. The work to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building height requirements. Extension of the nonconforming structure along the same nonconforming line, parallel to the required setback, shall not be deemed to increase the nonconforming nature of aid structure. iv. Existing Footprint. The work Extension or alteration to a of nonconforming single- and two-family structures that will remain shall be allowed by right so long as such extension or alteration is within the existing footprint which complies with building height requirements.Lot Size % Increase of StructureUnder 10,000 sq. ft. 10%Between 10,001- 19,999 sq. ft 20%Over 20,000 sq. ft. 30%(2) Special Permits for Nonconforming single- and two-family residential structures. In the event that theInspector of Buildings determines that the nonconforming nature of such structure would be increased by theproposed reconstruction, extension, alteration or change or a new conformity created, the Board of Appealsmay, by special permit, allow such reconstruction, extension, alteration or change where it determines that theproposed modification will not be substantially more detrimental than the existing nonconforming structure tothe neighborhood.F. Abandonment or nonuse. A nonconforming use or structure which has been abandoned, or not used for aperiod of two years, shall lose its protected status and be subject to all of the provisions of this chapter.G. Reversion to nonconformity. No nonconforming use shall, if changed to a conforming use, revert to anonconforming use.ExplanationThis article seeks to update zoning provisions related to pre-existing nonconforming structures to reflect Town procedures ,current case law and recommendation # 27 of the 2010 Master Plan. . Specifically, this article codifies current procedures forpermitted “by-right”activities and requires a special permit from the Zoning Board rather than a variance for activtities notpermitted “by-right” on 1 & 2 family structures. This articlee also clarifies the existing special permit provision for the extensionof non-residential pre-existing structures.or act in relation thereto. SUBMITTED BY: Planning Board Two-Thirds voteChelmsford 2012 Spring Town Meeting Warrant Page 19 of 28
  • 20. ARTICLE 29. To see if the Town will vote to amend the The Town Code, Chapter 195, “Zoning Bylaw”, forpurposes of adopting a new zoning bylaw, Article XIIIA, “Solar Photovoltaic Facility (Commercial)”.ExplanationThis article seeks to adopt a new zoning bylaw for purposes of regulating solar photovoltaic installations; other wise commonlyreferred to as “solar farms”. The State Zoning Act states that zoning by-laws shall not prohibit or unreasonably regulate theinstallation of solar energy systems. Chelmsford’s zoning bylaw does not contain any specific mention of solar systems or specificregulations. Therefore, based upon the above, solar farms are permitted in any zoning district by-right absent any Board reviewand public process.This article seeks to adopt specific zoning regulations related to proper siting and adequate site design to ensure protection ofabutting neighborhoods and properties. This article will require Site Plan Review by the Planning Board which will include apublic hearing in which all abutters within 300 ft will receive direct notification.Article XIIIA Commercial Solar Photovoltaic Facility195-68.1 PurposeThe purpose of this section is to promote the creation of new commercial solar photovoltaic facilities byproviding standards for the placement, design, construction, operation, monitoring, modification and removal ofsuch installations that address public safety and minimize impacts on residential neighborhoods and scenic,natural and historic resources.195-68.2 ApplicabilityA. The facility may be allowed in all Zoning Districts.B. The facility shall be subject to the procedures, submissions and approval of Site Plan Review, in accordance with Article XIX, Section 195-104, as well as state and federal law. This section also pertains to physical modifications that materially alter the type, configuration or size of these installations or related equipment throughout the useful life of the system or where alterations may impact abutters.C. With the exception of Articles VIII, Environmental Standards”, Article X “Earth Removal”, Article XIV “Aquifer Protection” and Article XV “Floodplain District” all other zoning articles and provisions shall not be applicable.195-68.3 Design & Dimensional StandardsA. Where abutting or within a residential zone or use i. Shall be allowed on parcels of not less than three (3) acres. ii. A minimum 10 ft wide visual buffer shall be provided along the property line. This buffer may consist of existing and / or proposed vegetation, fences, walls and berms or a combination thereof. In cases where the buffer cannot be provided on site the Planning Board may consider existing and / or proposed off –site buffering. iii. No structure or buildings shall be located within 25 feet of the residential property line.B. Where abutting a non-residential zone or use no structures or buildings shall be located within 10’ of the property line.C. A security fence shall be installed along or proximate to the perimeter of the property and shall be maintained for the lifetime of the facility.D. Adequate access shall be provided for emergency services. At the terminus of the access way, either inside or outside a perimeter fence, an adequate staging and maneuvering area shall be provided for emergency services.E. The owner/operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Department. The owner/operator shall provide an emergency response plan. The emergency response plan is subject to the approval of the Planning Board, the Fire Department and the Police Department, and shall include at a minimum, explicit instructions on all means of shutting down the Facility, which shall beChelmsford 2012 Spring Town Meeting Warrant Page 20 of 28
  • 21. clearly marked. The owner/operator shall identify a responsible person for emergencies throughout the life of the installation.F. The visual impact of the facility, including all accessory structures and appurtenances, shall be mitigated. All accessory structures and appurtenances shall be architecturally compatible with each other. Whenever reasonable, structures shall be shaded from view by vegetation and/or joined and clustered to avoid adverse visual impacts. Methods such as the use of landscaping, natural features and fencing may be utilized.G. Lighting shall be limited to security and emergency purposes. Where used, lighting shall be directed downward and full cut-off fixtures shall be used.H. Signage shall be limited to security and emergency services.I. All utility connections from the facility shall be underground unless specifically permitted otherwise by the Planning Board. Electrical transformers and inverters to enable utility interconnections may be above ground if required by the local electrical utility provider.J. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the facility or otherwise prescribed by applicable laws, regulations and bylaws.K. The provisions of section 195-68-3 may be waived by the Planning Board upon a finding that such deviation will not detract from the purpose of Section 195-68.1.195-68.4 Criteria for ApprovalIn addition to Article XIX, 195-104 H., the Planning Board shall make the following specific findings:A. The facility conforms to the provisions of this section and is in harmony with the general purpose and intent of this Chapter.B. The facility will not be detrimental to the health, safety or welfare of the neighborhood or the town.C. Environmental features of the site and surrounding areas are protected, and the surrounding area will be protected from the proposed use by provision of adequate surface water drainage. Adequate measures are provided to mitigate the impact during construction including but not limited to dust and erosion control.D. For purposes of ensuring conformity with the section, the Planning Board may place reasonable conditions and safeguards on the approval. Such conditions may include: i. The requirement of a performance bond, secured by deposit of money or negotiable securities, posted with the Town to cover the cost of maintenance or removal in the event the town must remove, remediate the landscape the installation. The amount of the performance bond shall not exceed the estimated cost of the removal of the facility. ii. Additional vegetative buffering iii. Performance bonds for unique environmental conditions such as the protection of a landfill cover.E. The applicant shall provide evidence to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the facility owner’s or operator’s intent to install an interconnected customer-owned generator. Proof of a mutual agreement with the utility company shall be provided to the Planning Board. Off-grid systems shall be exempt from this requirement however if it goes on grid in the future, it shall comply with this requirement.195-68.5 MaintenanceThe facility owner or operator shall maintain the facility in good condition. Maintenance shall include, but not belimited to, painting, structural repairs, continued compliance with landscaping and screening requirements, andintegrity of security measures. The owner or operator shall be responsible for the maintenance of any access roadsserving the installation.Chelmsford 2012 Spring Town Meeting Warrant Page 21 of 28
  • 22. 195-68.6 DiscontinuanceA facility shall be deemed to have been discontinued if it has not been in service for a continuous 24-monthperiod. Upon receipt of a Notice of Discontinuance from the Building Commissioner, the owner shall have theright to respond to the Notice within 30 days of receipt. The Building Commissioner shall withdraw the Noticeof Discontinuance and notify the owner that the Notice has been withdrawn if the owner provides informationthat demonstrates to the satisfaction of the Building Commissioner that the facility has not been discontinued. Ifthe facility is determined to be discontinued, the owner shall remove the facility, including all structures,equipment, security barriers and transmission lines, and stabilize or re-vegetate the site as necessary tominimize erosion and sedimentation, at the owner’s sole expense within three months of receipt of the Notice ofDiscontinuance. Failure to remove the installation and stabilize the site within said time period may subject theowner to action pursuant to Article XIX, sub-section 195-100.And amend Article XX, Terminology and Definitions, § 195-108B, Definitions, by inserting a new definition of“Solar Photovoltaic Facility (Commercial)” in alphabetical order:NAMEPLATE CAPACITY: the maximum rated output of electric power production of the Photovoltaic systemin Direct Current (DC).SOLAR PHOTOVOLTAIC FACILITY (COMMERCIAL) : A solar photovoltaic system, as a principal use,with 250 kW or larger of rated NAMEPLATE CAPACITY that is mounted on the ground, and used to generateelectric power onto the electrical grid principally for commercial sale.And amend Chapter 195, “Zoning Bylaw”, for purposes of revising Attachment 1 “Use Regulation Schedule”by inserting a new use “Solar Photovoltaic Facility (Commercial)” in alphabetical order:PRINCIPAL USE RA RB RC RM CA CB CC CD IA IS RMH CX P OSSolar Photovoltaic Facility Y Y Y Y Y Y Y Y Y Y Y Y Y Y(Commercial)or act in relation thereto. SUBMITTED BY: Planning Board Two-Thirds voteARTICLE 30. To see if the Town will vote to amend the Code of the Town of Chelmsford by adopting a newchapter, Chapter 130 Scenic Roads, as follows: Chapter 130: SCENIC ROAD BYLAW130-1 PurposeThis Bylaw is adopted pursuant to the Town’s Home Rule authority under Section 8 of Article 89 of theAmendments to the Massachusetts Constitution, and M.G.L. Chapter 40, Section 15C. The purpose of thisBylaw is to protect the scenic quality and character of certain public ways in the Town by regulating the cuttingor removal of trees, the tearing down or destruction of stone walls and the construction of any new driveway orprivate way or the alteration of any existing driveway or private way in so far as such alteration takes placewithin the right-of-way when such work involves the cutting down of trees or the destruction of stone walls,within designated scenic roads, including any such activities which would not otherwise be subject to PlanningBoard consent under M.G.L. Chapter 40, Section 15C. This Bylaw is intended to ensure that;A. ways will be recommended for designation as a scenic road on stated criteriaB. ways so designated will not be altered without following proper procedures and without adherence to properconsiderations, andChelmsford 2012 Spring Town Meeting Warrant Page 22 of 28
  • 23. C. ways so designated will not be altered by the decision of any person, organization, or agency without theconsent of the Planning Board.130-2 DefinitionsA. “Road” shall mean a right-of-way or any way used and maintained as a public way.B. “Repair, Maintenance, Reconstruction, or Paving Work” shall mean any work within the right-of-way by anyperson or agency, public or private. and the construction of any new driveway or private way or the alteration ofany existing driveway or private way in so far as such alteration takes place within the right-of-way when suchwork involves the cutting down of trees or the destruction of stone walls.C. “Cutting or Removal of Trees” shall mean the removal of one or more trees, regardless of whether or notrepair, maintenance, reconstruction or paving work is involved, having a diameter of six (6) inches or greatermeasured four (4) feet above ground level, and the trimming of any major branches or the cutting or rootswithin or along the boundary of a right of-way. It shall not, however, pertain to any plant appearing on theMassachusetts Prohibited Plant List as prepared and maintained by the Massachusetts Department ofAgricultural Resources, dated January 1, 2006 or as subsequently revisedD. “Scenic Road” shall mean any road so designated by the town under M.G.L. Chapter 40 Section 15C.E. “Tearing Down or Destruction of Stone Walls” shall mean the destruction of more than five (5) feet of stonewall, whether or not contiguous, within or along the boundary of a right-of-way regardless of whether or notrepair, maintenance, reconstruction or paving work is involved130-3 Criteria for Designation as a Scenic RoadThe Planning Board, Conservation Commission, or Historical Commission shall, in determining which roads orportions of roads should be recommended as scenic roads, consider the following criteria:a. Roads bordered by trees of exceptional quality;b. Roads bordered by stone walls;c. Roads bordered by any other natural or man-made features of aesthetic or historical value;d. Roads for which alteration is being planned or is likely to be planned in the future.130-4 Designation as Scenic RoadA. Adoption of new scenic roads shall be in accordance with the M.G.L Chapter 40 section 15CB. The Planning Board shall take the following steps within thirty (30) days after a road (s) has been designateda scenic road:(1). Notify all municipal departments that may take any action with respect to the road (s);(2). Notify the Mass. Department of Transportation;(3). Publish in a paper having circulation within the town notice that the road(s) have been so designated;130-5 Scenic Road PermitA. Filing: Any person, organization, state, or municipal agency seeking the written consent of the PlanningBoard regarding the cutting or removal of trees, the tearing down or destruction of stone walls and theconstruction of any new driveway or private way or the alteration of any existing driveway or private way in sofar as such alteration takes place within the right-of-way when such work involves the cutting down of trees orthe destruction of stone walls, or portions thereof, shall file a written request with the Planning Board togetherwith the following:Chelmsford 2012 Spring Town Meeting Warrant Page 23 of 28
  • 24. (1). Text of a legal notice identifying the location of the proposed action in terms enabling the readers to locatethe area with reasonable accuracy and a description of the proposed changes to trees, stone walls, naturalsurroundings, man-made objects or features;(2). A statement of the purpose(s) for such changes;(3). A list of owners of properties, as certified by the board of assessors, located in whole or in part within threehundred (300) feet of the proposed action;(4). A fee, as established by the Planning Board, to cover the cost of advertising, notification, andadministration;(5). Any further explanatory material useful to adequately inform the Planning Board.B. Notice: The Planning Board shall, as required by statute, give notice of its public hearing by advertisingtwice in two consecutive weeks in a newspaper of general circulation in the area. The public hearing maycoincide with the hearing(s) for proposed construction of homes or other buildings. Copies of the notice ofpublic hearing shall also be sent to the Board of Selectmen, Conservation Commission, Historical Commission,Director of Public Works, Tree Warden, and owners of property as appearing on the most recent property listingof the board of assessors within three hundred (300) feet of the proposed action.C. Time of Notice: Publication of the required notice shall be completed least seven (7) days prior to the date ofthe public hearing.D. Time of Hearing: The Planning Board shall hold a public hearing within thirty (30) days of the receiving thehearing request.E. Timing of Decision: The Planning Board shall make a decision on the request within twenty-one (21) daysof the closing of the public hearing.F. Public Shade Tree LawWhenever possible, the notices and hearings required under this by-law shall be filed and held in conjunctionwith those of the tree warden acting under MGL Chapter 87. The consent of the Planning Board to a proposedaction shall not be regarded as inferring consent by the tree warden, or vice versa. The Planning Board decisionshall contain a condition that no work should be done until all applicable provisions of said Chapter 87 (PublicShade Tree Law) have been complied with.130-6 ConsiderationsThe Planning Board’s decision on any application for proposed action affecting scenic roads shall be based onconsideration of the following:A. Preservation of natural resources;B. Environmental values;C. Scenic and aesthetic characteristics;D. Historical values;E. Public Safety;F. Compensatory actions proposed, such as replacement of trees or walls;G. Other sound planning considerations.130-7 Actions Exempt from Hearing RequirementsA. Tree Removal: The Tree Warden may take immediate action without hearing to remove trees or branches ofChelmsford 2012 Spring Town Meeting Warrant Page 24 of 28
  • 25. any size that in his opinion present a danger to the public. This would include trees or limbs which threatenpublic utilities such as power lines. Action taken under this section still requires compliance with section 130-5. B. Stone Wall Removal: No hearing is required if in the opinion of the Director of Public Works or designeethe removal of up to 15 feet of stone wall for a driveway, or up to 6 feet for a walkway, is warranted.No hearing is required for temporary removal of a portion of stone wall not to exceed ten (10) feet in length, ordrainage emergency repairs per the Director of Public Works determination, provided that the wall is restored toits original condition within 60 days of the removal.130-8 GeneralThe Planning Board may adopt more detailed regulations for carrying out the provisions hereunder.130-9 EnforcementThe Building Inspector or designee shall be the enforcing authority. Without waiving any other enforcementauthority, violations of the Scenic Road By-law may be subject to non-criminal disposition, in accordance withArticle II, section 1-2 of the Town Code. In addition, the property owner or whoever is responsible for theviolation shall be required within a reasonable amount of time but not less than sixty days to: 1) restore any altered stone walls to the condition they were in prior to the alterations; and 2) plant new trees of similar species to those which may have been cut or removed; or 3) implement other mitigating measures to the satisfaction of the Planning Board.130-10 Approved Scenic RoadsThe following list of roads have been designated as scenic roads pursuant to M.G.L. Chapter 40 Section 15C: Byam Road from Robin Hill Road to Acton Road Garrison Road from Littleton Road to Hunt Road Crooked Spring Road from School Street to Meadowbrook Road Worthen Street in its entirety Crosby Lane in its entirety High Street from Acton Road to Locust Road Parker Road from Concord Road to Acton Road Robin Hill Road in its entirety Mill Road from Boston Road to the former Old Billerica Road * entire length of Mill RoadA map of the approved scenic Roads, dated November 29, 2011, is on file with the Planning Board. SUBMITTED BY: Planning Board Two-Thirds voteChelmsford 2012 Spring Town Meeting Warrant Page 25 of 28
  • 26. ARTICLE 31. To see if the Town will vote to authorize the Board of Selectmen to acquire easements forsidewalk purposes by purchase, gift, eminent domain, or otherwise, on property located in the Town ofChelmsford, Massachusetts along the southerly side of Smith Street from Balsam Drive to Pleasant Street andidentified as Lots 3, 4, and 5 on Assessor’s Map 39, Block 131 and as Lots 1 and 2 on Assessor’s Map 39,Block 135, which easements are shown more particularly on a plan on file in the Town Clerk’s Office; or act inrelation thereto. SUBMITTED BY: Town ManagerARTICLE 32. To see if the Town will vote to authorize the Board of Selectmen to acquire easements forsidewalk purposes by purchase, gift, eminent domain, or otherwise, on property located in the Town ofChelmsford, Massachusetts along the northerly side of Westford Street from Worthen Street to Dalton Road andidentified as Lots 6, 7, 9, 10, 11, 13, 14, and 15 on Assessor’s Map 72, Block 308 and as Lot 8 on Assessor’sMap 72, Block 288, which easements are shown more particularly on a plan on file in the Town Clerk’s Office;or act in relation thereto. SUBMITTED BY: Town ManagerARTICLE 33. To see if the Town will vote to authorize the Board of Selectmen to acquire a drainageeasement by purchase, gift, eminent domain, or otherwise, on property located in the Town of Chelmsford,Massachusetts on Old Westford Road from Davis Road to the intersection of Graniteville Road and OldWestford Road as identified as Lot 1 on Assessor’s Map 38, Block 129, which easement is shown moreparticularly on a plan on file in the Town Clerk’s Office; or act in relation thereto. SUBMITTED BY: Board of SelectmenChelmsford 2012 Spring Town Meeting Warrant Page 26 of 28
  • 27. NOTICE OF PROPOSED DATES AND TIMES FOR CONTINUED SESSIONS OF THE SPRING ANNUAL TOWN MEETING The Board of Selectmen shall propose the following dates and times for continued sessions of the TownMeeting of April 30, 2012: Thursday, May 3, 2012 at 7:30 p.m. Monday, May 7, 2012 at 7:30 p.m. Thursday, May 10, 2012 at 7:30 p.m. If additional continued sessions are necessary they shall take place on the Monday and Thursday of thenext consecutive week until the meetings are concluded. Pursuant to Town of Chelmsford Code Chapter 154-9, these dates and times are proposed and aresubject to change by vote of the Town Meeting Representatives. COMMONWEALTH OF MASSACHUSETTSMIDDLESEX, SS. _______________________, 2012 Pursuant to the within warrant, I have notified and warned the Inhabitants of the Town of Chelmsfordby posting up attested copies of same at the following places, to wit: Town Office Gymnasium, HarringtonSchool Gymnasium, Harrington School Gymnasium, Westlands School Gymnasium, Byam SchoolGymnasium, Westlands School Gymnasium, McCarthy Middle School Small Gymnasium, McCarthy MiddleSchool Small Gymnasium, Town Office Gymnasium and Town Office Building Lobby. Signed: ____________________________________ William E. Spence, ConstableA True Copy Attest: ____________________________________ William E. Spence, ConstableChelmsford 2012 Spring Town Meeting Warrant Page 28 of 28
  • 28. Appendix 1ARTICLE XX Terminology (§ 195-108)§ 195-108 Word usage and definitions.In this chapter, the following terms and constructions shall apply unless a contrary meaning is required bythe context or is specifically prescribed in the text of the chapter.A. Words used in the present tense include the future. The singular includes the plural, and the pluralincludes the singular. The word "shall" is mandatory, and "may" is permissive or discretionary. The word"and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" shall notlimit a term to specified examples but is intended to extend its meaning to all other instances, circumstancesor items of like character or kind. The word "lot" includes "plot." The word "used" or "occupied" shall beconsidered as though followed by the words "or intended, arranged or designed to be used or occupied." Theword "building," "structure," "lot" or "parcel" shall be construed as being followed by the words "or anyportion thereof." The word "person" includes a firm, association, organization, partnership, company orcorporation as well as an individual. The words “business” and “establishment” are used interchangeably.B. Terms and words not defined herein but defined in the Commonwealth of Massachusetts State BuildingCode shall have the meaning given therein unless a contrary intention is clearly evident in this chapter.ACCESSORY BUILDINGA subordinate building located on the same lot as the main or principal building or principal use, the use ofwhich is customarily incidental to that of the principal building or use of the land.ACCESSORY USEA use customarily incidental to that of the main or principal building or use of the land.ADULT DAY-CARE FACILITYA building or structure where care, protection and supervision are provided, on a regular schedule, to adultsover the age of 18.ADULT ENTERTAINMENT ESTABLISHMENT(1)ADULT BOOKSTORE — An establishment having as a substantial or significant portion of its stock-in-trade printed matter, books,magazines, picture periodicals, motion picture films, video cassettes, computer compact disks, computerdisks or diskettes or coin-operated motion picture machines for sale, barter or rental which are distinguishedor characterized by their emphasis on matters depicting, describing or relating to sexual conduct, as that termis defined in MGL c. 272, § 31, or an establishment having for sale sexual devices, which shall mean anyartificial human penis, vagina or anus or other device primarily designed, promoted or marketed tophysically stimulate or manipulate the human genitals, pubic area or anal area, including dildos, penisators,vibrators, penis rings, erection enlargement or prolonging creams or other preparations, or an establishmentwith a segment or section devoted to the sale or display of such materials.(2)ADULT LIVE ENTERTAINMENT ESTABLISHMENT — An establishment which features live entertainment which consists of entertainers engaging in sexualconduct or nudity as defined in MGL c. 272, § 31.(3)ADULT MINI MOTION PICTURE THEATER
  • 29. — An enclosed building with a capacity for fewer than 50 persons used for presenting materialdistinguished or characterized by an emphasis on matter depicting, describing or relating to sexual conductas defined in MGL c. 272, § 31, for observation by patrons therein.(4)ADULT MOTION PICTURE THEATER — An enclosed building with a capacity of 50 or more persons used for presenting material distinguished orcharacterized by an emphasis on matter depicting, describing or relating to sexual conduct as defined inMGL c. 272, § 31, for observation by patrons therein.(5)SUBSTANTIAL OR SIGNIFICANT PORTION — At least that portion of:(a)Retail sales accounting for at least 25% of gross sales;(b)Merchandise accounting for at least 25% of total merchandise available for sales; or(c)Shelf space and display space which when combined is in excess of 80 square feet.AGRICULTURAL USE, NONEXEMPTAgricultural use of property not exempted by MGL c. 40A, § 3.ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilitiesor an enlargement, whether by extending on a side or by increasing in height, or the moving from onelocation or position to another.ALZHEIMERS FACILITY – see “Facilitated Senior Living Facility”A facility providing treatment and communal lodging for more than four unrelated persons who have beendiagnosed by a medical doctor as having Alzheimers disease but who do not require the skilled nursing caretypically provided by a nursing home.ANIMAL CLINIC OR HOSPITALA facility place, under the control of a licensed veterinarian where sick or injured animals or pets are givenmedical or surgical treatment and the boarding of animals is limited to short-term care incidental to the clinicor hospital use. This use may also include a kennel.ANIMAL KENNEL OR HOSPITALPremises used for the harboring and/or care of more than three dogs or other domestic, nonfarm animals(three months old or over). The use shall be so classified regardless of the purpose for which the animals aremaintained, whether fees are charged or not, and whether the use is a principal or accessory one.ASSISTED LIVING FACILITY – see “Facilitated Senior Living Facility”A facility providing private multifamily dwellings or communal lodging for more than four unrelatedpersons requiring assistance with the activities of daily living, such as aid or assistance with bathing,dressing/grooming, ambulation, eating, toileting or other similar tasks, as defined by MGL c. 19D, § 1.BANK, FINANCIAL AGENCYA building or part thereof, open to the public and engaged in the custody, loan, or exchange of money; forthe extension of credit; and for facilitating the transmission of funds. Typically characterized by walk in anddrive thru services. The use / inclusion of a drive-thru requires a special permit.
  • 30. BARN SALE, GARAGE SALE, YARD SALE OR FLEA MARKETTemporary use of residential, institutional or industrial premises for sale of personal property in accordancewith section 195-6.D.BOARDINGHOUSEA building dwelling or part thereof in which lodging is provided by the owner or operator to more than fourboarders. Where more than four unrelated individuals rent a dwelling unit, it shall be considered aboardinghouse. A boarding house shall not be deemed a multi-family dwelling.BODY ARTThe practice of physical body adornment by permitted establishments and practitioners using, but not limitedto, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, and scarification. Thisdefinition does not include practices that are considered medical procedures by the Board of Registration inMedicine, such as implants under the skin, which are prohibited.[Added 5-3-2001 ATM by Art. 17]BODY ART ESTABLISHMENTAny establishment which provides body art services as a part of its business.[Added 5-3-2001 ATM by Art. 17]BUILDINGA structure fully enclosed within exterior walls or fire walls built, erected and framed of a combination ofany materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animalsor property. For the purposes of this definition, "roof" shall include an awning or any similar covering,whether or not permanent in nature.BUILDING COVERAGEThat percentage of the lot or plot area covered by the roof area of a building or buildings.BUILDING HEIGHTThe vertical distance measured from the mean finished grade of all sides of the building or structures to thehighest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height betweeneaves and ridge for gable, hip and gambrel roofs. Not included are spires, cupolas, antennas or similar partsof structures that do not enclose potentially habitable floor space.[Amended 10-21-1999 ATM by Art. 29]BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.BUSINESS OR PROFESSIONAL OFFICEA building or part thereof for the transaction of business or the provision of services, exclusive of the receipt,sale, storage or processing of merchandise.CAMPGROUNDAn area or tract of land on which accommodations for temporary occupancy are located or may be placed,including cabins, tents and major recreational equipment, which is primarily used for recreational purposesand retains an open air or natural character.CEMETERYA property used for interring the dead, for both humans and animals, including accessory uses such asmausoleums, sales and maintenance facilities and chapels but excluding crematoriums.CHILD-CARE FACILITYA day-care center or school age child-care program, as those terms are defined in MGL c. 28A, § 9.
  • 31. CLUB or LODGEBuildings, structures and premises used principally by a nonprofit social or civic organization or by anorganization catering primarily exclusively to members and their guests for social, civic, recreational orathletic purposes which may be are not conducted primarily for gain and provided that there are no vendingstands, merchandising or commercial activities except as may be required generally for the membership andpurposes of such organization.COMMERCIAL ENTERTAINMENT / RECREATION, INDOORA building or part thereof structure for entertainment, recreational, social or amusement purposes, whichmay include as an accessory use the consumption of food and drink, including all connected rooms or spacewith a common means of egress and entrance. Examples Places of assembly shall include arcades, courtgames, theaters, concert halls, dance halls, skating rinks, bowling alleys, dance studios or other commercialrecreational centers conducted for or not for profit.[Amended 10-18-2004 ATM by Art. 17]COMMERCIAL RECREATION, OUTDOORAn open air facility devoted to activities such as aA drive-in theater, golf course/driving range, miniaturegolf, bathing beach, sports club, horseback riding stable, boathouse, game preserve, marina or othercommercial recreation carried on in whole or in part outdoors, except those activities more specificallydesignated in this chapter.CONGREGATE LIVING FACILITY – see “Facilitated Senior Living Facility”A facility providing communal lodging for more than four unrelated elders in a noninstitutional, residential,shared living environment which integrates shelter and services needed by the functionally impaired orsocially isolated elder who does not require the constant supervision or intensive health care services asprovided in a nursing home. The shared living environment shall include at least the following: sharedkitchen facilities and shared dining facilities. Each bedroom shall be considered one unit.CONTRACTORS SHOP / YARD, INDOORA building or part thereof used Premises used by a building, landscaping, construction or buildingprofessional contractor or subcontractor for the enclosed storage of heavy equipment, materials, and supplies,and fabrication of subassemblies. and parking of wheeled equipment. Accessory office, retailmerchandizing and sales are permitted. Outdoor displays, storage or sales is prohibited.CONTRACTOR’S YARD, OUTDOORAny portion of a premises, used by a building, landscaping or construction professional for the outdoorstorage of heavy equipment, materials, supplies, fabrication and subassemblies. An accessory office ispermitted.DRIVE-THROUGH WINDOWAn establishment utilizing, principally or accessory, an opening in a wall, including windows, designed andintended to be used to provide for sales to and / or services to patrons who remain in their motor vehicle.This term includes automated sales and services.DWELLINGA building designed and occupied as the living quarters of one or more families. Single- and two-familydwellings shall be designed for and occupied by not more than one or two families, respectively. Amultifamily dwelling shall be one designed for and occupied by three or more families.DWELLING UNIT
  • 32. One or more living and sleeping rooms providing complete living facilities for the use of one or moreindividuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating,cooking and sanitation.[Added 10-21-1999 ATM by Art. 29]EARTH REMOVALExtraction of sand, gravel, topsoil or other earth for sale or for use at a site removed from the place ofextraction, exclusive of the grading of a lot preparatory to the construction of a building for which a buildingpermit has been issued or the grading of streets in accordance with an approved definitive plan and exclusiveof granite operations.EDUCATIONAL USE, NONEXEMPTEducational facilities not exempted from regulation by MGL c. 40A, § 3.ERECTTo build, construct, reconstruct, move upon or conduct any physical development of the premises requiredfor a building. To excavate, fill, drain and the like preparation for building shall also be considered to erect.ESSENTIAL SERVICESServices provided by a public service corporation or by governmental agencies through erection,construction, alteration or maintenance of gas, electrical, steam or water or sewer transmission or distributionsystems and collection, communication, supply or disposal systems, whether underground or overhead, butnot including wireless communications facilities. Facilities necessary for the provision of essential servicesinclude poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, trafficsignals, hydrants and other similar equipment in connection therewith.EXEMPT USESUses defined and permitted per Chapter 40A, Section 3FACILITATED SENIOR LIVING FACILITYIncludes assisted, Alzheimers and congregate living facilities. ALZHEIMERS FACILITY A facility providing treatment, including rehabilitation services, and communal lodging for more than four unrelated persons who have been diagnosed by a medical doctor as having Alzheimers disease or other forms of dementia but who do not require the skilled nursing care typically provided by a nursing home. ASSISTED LIVING FACILITY A facility providing private multifamily dwellings or communal lodging for more than four unrelated persons requiring assistance with the activities of daily living, such as aid or assistance with bathing, dressing/grooming, ambulation, eating, toileting or other similar tasks, as defined by MGL c. 19D, § 1 . May also include rehabilitation services. CONGREGATE LIVING FACILITY – A facility providing communal lodging for more than four unrelated elders in a noninstitutional, residential, shared living environment which integrates shelter and services needed by the functionally impaired or socially isolated elder who does not require the constant supervision or intensive health care services as provided in a nursing home. The shared living environment shall
  • 33. include at least the following: shared kitchen facilities and shared dining facilities. Each bedroom shall be considered one unit.FAIRGROUNGS, CARNIVALS and SIMILAR OUTDOOR EVENTSAn open air facility, operated for a limited period of time, for purposes of entertainment and amusement.Examples include amusement rides, carnivals, fair and festival grounds and circuses.FAMILYAny number of individuals related by blood, marriage, adoption, foster or legal guardianship living togetherin one (1) dwelling unit as a and cooking together on the premises as a single housekeeping unit, but notincluding more than four (4) persons living together unrelated by blood or marriage..FAMILY DAY-CARE HOMEAny private residence which on a regular basis receives for temporary custody and care during part or all ofthe day children under seven years of age or children under 16 years of age if such children have specialneeds; provided, however, in either case, that the total number of children shall not exceed more than six,excluding participating children living in the residence.FARM STAND, NONEXEMPTFacility for the sale of produce, wine and dairy products on property not exempted by MGL c. 40A, § 3.FLOOR AREA, GROSSThe sum of the horizontal areas of the floors of a building or several buildings on the same lot measuredfrom the exterior face of exterior walls or from the center line of the wall separating two buildings, notincluding any space where the floor-to-ceiling height is less than seven feet, or as otherwise defined in themost recent edition of the Mass. State Building Code. feet three inches.FLOOR AREA, NETThe aggregate horizontal area in square feet of all floors of a building or several buildings on the same lot,measured from the exterior faces of the walls enclosing each building and exclusive of cellars and attic areasused only for storage, bathrooms, stairwells, elevators, mechanical rooms or areas for service incidental tothe operation or maintenance of the building, .or as otherwise defined in the most recent edition of the Mass.State Building Code.FLOOR AREA RATIOThe ratio of the gross floor area of the building or buildings on one lot to the total area of the lot.FUNERAL HOMEA facility for the conducting of funerals and related activities, such as embalming.GRANITE OPERATIONSThe removal and processing of granite for construction use, not including stone crushing.GROUP RESIDENCEA facility licensed by the Commonwealth of Massachusetts serving not more than 25 persons.HAZARDOUS MATERIALAny substance which is listed in, but not limited to, the Environmental Protection Agency priority pollutantsas described in Section 307(a) of the Clean Water Act, as amended.HEALTH CLUBA profit or nonprofit facility/structure promoting maintenance of and/or improvement to physical and mentalhealth of individual users, which may include as an accessory use the consumption of food and drink,including all connected rooms or space with a common means of egress and entrance. Parking requirementsshall be the same as those for stores, retail businesses and services.[Added 10-18-2004 ATM by Art. 17]
  • 34. HELIPADAn accessory use, that is permanent and dedicated for a helicopter loading area, for a hospital and EMSoperationsHOME OCCUPATIONAn occupation, business, trade, service or profession which is incidental to and conducted in a dwelling unitor in a building or other structure accessory thereto by a resident thereof. See section 195-7 for additionaldefinitions.HOSPITALA facility, operating 24 hours, seven days a week, with state licensed beds and / or an emergency roomproviding primary health services and medical or surgical care to persons, inpatients and outpatients,suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, andincluding, as an integral part of the facility, accessory uses such as laboratories, outpatient facilities ortraining facilities.IMPERVIOUSAny area impenetrable by surface water.INDEPENDENT SENIOR LIVING FACILITYA facility providing an independent, age-restricted dwelling for a retired or senior individual or couple. Inaddition to bed space, such facilities would ordinarily include a private toilet, bath, food preparation facilitiesand a private dining area.CONGREGATE LIVING FACILITY – – see “Facilitated Senior Living Facility”A facility providing communal lodging for more than four unrelated elders in a noninstitutional, residential,shared living environment which integrates shelter and services needed by the functionally impaired orsocially isolated elder who does not require the constant supervision or intensive health care services asprovided in a nursing home. The shared living environment shall include at least the following: sharedkitchen facilities and shared dining facilities. Each bedroom shall be considered one unit.JUNKAny article or material or collection thereof which is worn out, cast off or discarded and which is ready fordestruction or has been collected or stored for salvage or conversion. Any article or material which, unalteredor unchanged and without further reconditioning, can be used for its original purpose as readily as when newshall not be considered junk.JUNKYARD or AUTOMOBILE GRAVEYARDThe use of any area or any lot, whether inside or outside of a building, for the storage, keeping orabandonment of junk, scrap or discarded materials or the dismantling, demolition or abandonment ofautomobiles, other vehicles, machinery or parts thereof.KENNEL, COMMERCIALAn establishment in which more than three (three months or older) healthy (not sick) dogs or domesticatedanimals are housed, groomed, bred, boarded, trained or sold., located on at least five acres of land.KITCHENA place for the preparation of meals, having a stove and either or both a sink and a refrigerator.
  • 35. [Added 10-15-2001 ATM by Art. 19]LIGHT MANUFACTURINGFabrication, assembly, processing, finishing work or packaging. [Added 10-15-2001 ATM by Art. 19]LOTA continuous parcel of land with legally definable boundaries.LOT AREAThe horizontal area of the lot, exclusive of any area in a street or recorded way open to public use. At least80% of the lot area required for zoning compliance shall be contiguous land other than that under any waterbody, bog, swamp, wet meadow, marsh or other wetland, as defined in MGL c. 131, § 40, as amended. Whenthe distance between any two points on lot lines is less than 50 feet, measured in a straight line, the smallerportion of the lot which is bounded by such straight line shall not be considered in computing the minimumlot area unless the distance along such lot lines between such two points is less than 150 feet. Seeaccompanying diagram below.[Amended 5-3-2007 ATM by Art. 18]LOT, CORNERA lot with two adjacent sides abutting upon streets or other public spaces.LOT, DEPTH OFThe mean distance from the street line of the lot to its opposite rear line measured in the general direction ofthe side lines of the lot.LOT, FRONTAGE OFThe contiguous portion of a A lot line coinciding with the side line of a street which provides accessible andusable both legal rights of vehicular access and physical vehicular access to the buildable area of the lot via
  • 36. the required frontage, said line to be measured continuously along a single street or along two intersectingstreets if their angle of intersection is greater than 120°.[Amended 4-25-2005 ATM by Art. 26]LOT LINEA line dividing one lot from another or from a street or any public place.LOT, WIDTH OFThe horizontal distance between side lot lines, measured parallel to the lot frontage at the front yard setbackline.MAJOR RECREATIONAL EQUIPMENTCampers, trailers or other recreational vehicles. See section 195-6.B for additional definition.MANUFACTURING, LIGHTThe indoor manufacturing, predominately from previously prepared materials, of finished products or parts,including processing, fabrication, assembly, treatment, packaging and distribution. Typically characterizedby noise, odor, smoke, heat, glare, and vibration being contained within a building with no external effectsdetectable across property lines. Examples include food, textile, leather, wood, paper, chemical, plastic,metal products and renewable or alternative energy. Excludes basic industrial processing of raw materialsand any outdoor storage of materials.MANUFACTURING, HEAVYThe indoor manufacturing, predominately of raw materials or unprocessed materials, including processing,fabrication, assembly, treatment, packaging and distribution. Typically characterized by the storage of largevolumes of materials needed for the manufacturing process is prohibited and by noise, odor, smoke, heat,glare, or vibrations that are not contained within a building and that result in external effects across propertylines. The storage and manufacturing of large volumes of highly flammable, toxic matter or explosivematerials is prohibited.MASSAGE SERVICE ESTABLISHMENT(1)"Massage" is any method of pressure on or friction against or stroking, kneading, rubbing, tapping,pounding, vibrating or stimulating of external parts of the human body with the hands or with the aide of anymechanical or electric apparatus or appliances, with or without such supplementary aids as rubbing alcohol,liniment antiseptics, oils, powders, creams, lotions, ointment or other such similar preparations commonlyused in the practice of massage, under such circumstances that it is reasonably expected that the person towhom the service is provided, or some third person on his or her behalf, will pay money or give any otherconsideration or any gratuity therefor.(2)The practice of massage shall not include the following individuals while engaged in the personalperformance of duties of their respective professions:(a)Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice theirrespective professions in the Commonwealth of Massachusetts.(b)Nurses who are registered under the laws of the Commonwealth of Massachusetts.(c)
  • 37. Barbers and beauticians who are duly licensed under the laws of the Commonwealth of Massachusetts,except that this exclusion shall apply solely to the massage of the neck, face, scalp and hair of the customeror client for cosmetic or beautifying purposes.(d)Massage therapists who are duly permitted to practice under the rules and regulations of the ChelmsfordBoard of Health.Editors Note: See Ch. 201, Board of Health, Art. XIII, Massage/Muscular Therapy.MEDICAL OFFICE or CENTER OR CLINICA building designed and used for the diagnosis and treatment of human patients on an out patient basis thatdoes not include overnight care facilities. Practitioners may include physicians, nurses, dentists,chiropractors, psychologists, mental health counselors and other similar health care professionals.MEDICAL CLINICA facility licensed by the Massachusetts Department of Public Health pursuant to 105 CMR 140.000 underM.G.L. c. 111, §§ 51 through 56.MOBILE HOMEA dwelling built upon a chassis, containing complete electrical, plumbing and sanitary facilities and designedwithout necessity of a permanent foundation for year-round living, irrespective of whether actually attachedto a foundation or otherwise permanently located.MOTEL or HOTELA building or buildings intended and designed for transient, overnight or extended occupancy, divided intoseparate units within the same building, with or without accessory shops and services catering to the generalpublic such as a public dining or recreational facility. If such hotel or motel has independent cookingfacilities, such unit shall not be occupied by any guest for more than four continuous months, nor may theguest reoccupy any unit within 30 days of a continuous four-month stay, nor may the guest stay more thansix months in any calendar year. No occupant of such hotel or motel may claim residency at such location.This term does not include a boarding or rooming house.MOTOR VEHICLEAny vehicle self propelled by a battery powered, electric or internal combustion engine, which is permittedand requires a valid registration legally issued by a government authority in order to be operated on a publicway. A motor vehicle shall include, but not limited to automobiles, trucks, buses, motor homes,motorcycles, watercraft, motor scooters and tractors.MOTOR VEHICLE SALES and RENTALThe use of any building, land area or other premises for the display and sale of new or used motor vehicles,including any warranty repair work and other repair service conducted as an accessory use including motorvehicle towing.MOTOR VEHICLE, BODY REPAIRAn establishment, garage or work area enclosed within a building where repairs are made or caused to bemade to motor vehicle bodies, including fenders, bumpers and similar components of motor vehicle bodies,but does not include the storage of vehicles for the cannibalization of parts. Motor vehicle towing ispermitted as an accessory use.
  • 38. MOTOR VEHICLE, GENERAL REPAIRSPremises for the servicinservicing, maintenance g and repair of motor vehicles. sautos. Related accessoryretail sales, such as motor oils, lubricants, travel aides and accessories are permitted. , but not to includefFuel sales are prohibited. Motor vehicle towing is permitted as an accessory use.MOTOR VEHICLE, LIGHT SERVICEPremises for the supplying of fuel, oil, lubrication, washing or minor repair services, but not to include bodywork, painting or major repairs.MOTOR VEHICLE TOWING and STORAGEEstablishment that provides for the towing, carrying, hauling and temporary storage of motor vehicles, butdoes not include disposal, salvage or storage of inoperable vehicles.MOTOR VEHICLE FUELING STATION (gas station)An establishment principally used for the retail sales and dispensing of motor vehicle fuels. Accessory usesmay include general repairs, related accessory retail sales and accessory retail sales of convenience itemssuch as pre-packaged foods / beverages, however food items that are prepared or individually proportionedto order is prohibited.MOTOR VEHICLE WASHING FACILITY (car wash)An establishment providing washing, waxing, polishing and detailing of vehicles, including self service,automated and manned facilities.MUNICIPAL FACILITIESFacilities owned or operated by the Town of Chelmsford.NONFAMILY ACCOMMODATIONSBoardinghouses, lodging houses, guest houses, tourist homes, dormitories, halfway houses or similaraccommodations. Accommodations shall be considered hotels or motels if they have a sign in excess of twosquare feet or other departure from residential character or if they have specified a term of residence lessthan one week. Accommodations individually having a stove and either or both a refrigerator and a sink shallbe considered dwelling units.NURSERY SCHOOL - RELOCATEDA school designed to provide daytime care or instruction for two or more children from two to five years ofage, inclusive, and operated on a regular basis.NURSING / OR CONVALESCENT / REHABILITATION HOMEAny building with sleeping rooms where persons are housed or lodged and furnished with meals and nursingcare for hire.A state licensed facility for the infirmed, chronic or convalescent whether conducted for charity or profit,which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelatedpersons who require or receive assistance in ordinary daily activities of life or who are confined to bed orchair. (This term does not include hospitals and similar facility devoted primarily to the diagnosis andtreatment of disease, injury, maternity cases or mental illness. May also include rehabilitation services.OFFICE
  • 39. A building or part thereof, in which work of a predominantly administrative, professional, or clerical natureis performed for purposes of providing direct transactions of business or services to consumers, exclusive ofthe receipt, sale, storage or processing of merchandise, other than limited incidental merchandise. Examplesinclude accounting, attorney, insurance, real estate or architectural. Typically characterized by no walk inretail consumer sales or production / manufacturing of any physical products for sale. May also includeaccessory uses for the employees such as cafeterias, coffee shops and other convenience related services.OPEN LOT STORAGEOutdoor storage of bulk goods and products for distribution but not for sale on the premises.OPEN SPACE, LANDSCAPEDThat part or parts of a lot designed and developed with trees, plants, shrubs, flowers, grass, ground cover andother landscape features, including natural features of the site, walks, terraces and open areas otherwise freeof any structures or pavement. Such landscaped open space as is provided shall be maintained by the ownerthroughout the duration of his or her tenure.PARKING GARAGE / STRUCTUREA structure of any combination of materials assembled, constructed, erected or maintained at a fixed locationand placed permanently or temporarily in, on or above the ground serving as an which is accessory use to acommercial or industrial establishment and is primarily for the parking and storage of vehicles operated bythe customers, visitors and employees of such an establishment. This term does not include municipalstructures.PARKING LOT/AREAAn off-street area, including parking spaces, loading areas and all associated maneuvering areas such asaisles, serving as an accessory use for the parking of vehicles and available to the public as anaccommodation for clients, customers or employees.[Added 4-28-2008 ATM by Art. 20]RECHARGE AREAAn area of geologic deposits through which water from the surface can infiltrate through the soil to thegroundwater. These geologic deposits generally consist of stratified sand and gravels.REFUSE INCINERATORAn engineered apparatus with grate area in excess of 10 square feet used to burn waste and in which allcombustion factors, temperature, retention time, turbulence and combustion can be controlled and which isapproved by the Massachusetts Department of Public Health and the Chelmsford Board of Health.RESTAURANTA building or portion thereof containing tables and/or booths for at least 2/3 of its legal capacity which isdesigned, intended and used for the indoor sale and consumption of food prepared on the premises andtypically characterized by table service with waiters and reuseable dinnerware, except that food may beconsumed outdoors in landscaped terraces designed for dining purposes which are adjuncts to the mainindoor restaurant facility. The term "restaurant" shall not include fast-food establishments.RESTAURANT, FAST-FOODAn establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to thecustomer in a ready-to-consume state intended for large volume with for consumption either within therestaurant building or off premises and which, because of the nature of the operation, causes a large volumeor frequent turnover of customers. Typically characterized by usually requires ordering food at a counter, selfservice or semi self service, a menu board rather than individual menus, payment prior to consumption offood, no table service with waiters and disposable containers and utensils are provided rather than reusabledinnerware.
  • 40. Research and Development Facilities are those used primarily for research, development and/ortesting of innovative information, concepts, methods, processes, materials, or products. This can includethe design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/oroptical components in advance of product manufacturing. The accessory development, fabrication, andlight manufacturing of prototypes, or specialized machinery and devices integral to research or testingmay be associated with these uses. Research and development related principally to computer software isnot included in this definition.RETAILA facility selling goods but not specifically listed in the Use Regulation Schedule.Editors Note: The Use Regulation Schedule is included at the end of this chapter.A business that provides goods and / or services directly to the consumer where such goods are available forimmediate purchase from the premises by the customer. This term includes electronic sales of all kinds.RIDING ACADEMYAn establishment where horses are kept for sale, riding, driving or stabling for compensation or incidental tothe operation of a club, association or similar establishment.SALVAGE YARDProperty where motor vehicles are junked, dismantled or stored for later dismantling or distribution.SANITARY LANDFILLA site for solid waste disposal approved by the Massachusetts Department of Environmental Protection,Bureau of Waste Prevention, and the Chelmsford Board of Health. Disposal of raw sewage and similar wasteitems is not permitted.[Amended 4-25-2005 ATM by Art. 26]SELF STORAGE MINI WAREHOUSEA building consisting of individual self contained units that are leased or owned for the storage of businessand household goods. Business goods are limited to those not associated with any office, retail or otherbusiness or commercial use within the self storage warehouse facility.SENIOR or ELDERAn individual who is 60 years of age or over.SIGNAny device designed to inform or attract the attention of persons not on the premises on which the device islocated. Any building surfaces other than windows that are internally illuminated or decorated with gaseoustube or other lights are considered signs. The following, however, shall not be considered signs within thecontext of this chapter:(1)Flags and insignia of any government, except when displayed in connection with commercial promotion.(2)Legal notices or informational devices erected or required by public agencies.(3)Temporary devices erected for a charitable or religious cause, provided that they are removed within sevendays of erection.(4)
  • 41. Temporary displays inside windows, covering not more than 30% of the window area, illuminated bybuilding illumination only.(5)Standard gasoline pumps bearing thereon in usual size and form the name, type and price of gasoline.(6)Integral decorative or architectural features of a building, except letters, trademarks, moving parts or partsinternally illuminated or decorated with gaseous tube or other lights.(7)Devices identifying a building as distinct from one or more of its occupants, such device being carved into orattached in such a way as to be an integral part of the building, not illuminated separate from buildingillumination, without color contrasting with sign background and not exceeding four square feet in area.(8)Address identification through numerals or letters not exceeding three inches in height.SIGN AREAThe area of the smallest horizontally or vertically oriented rectangle which could enclose all the display areaof the sign, together with any backing different in color or material from the finish material of the buildingface, without deduction for open space or other irregularities. Structural members not bearing advertisingmatter shall not be included unless internally or decoratively lighted. Only one side of flat, back-to-backsigns need be included in calculating sign area.SOLID WASTE DISPOSAL FACILITYA refuse transfer station, composting plant, solid waste recycling operation and any other works or useapproved by the Massachusetts Department of Environmental Protection, Division of Solid Waste, and theBoard of Health of the Town of Chelmsford for processing, handling, treating and disposing of solid orliquid waste materials, including garbage, rubbish, junk, discarded bulk items and sludges but not rawsewage and similar waste items.[Amended 4-25-2005 ATM by Art. 26]STREETAn accepted Town way or a way established by or maintained under county, state or federal authority or away established by a subdivision plan approved in accordance with the Subdivision Control LawEditors Note: See MGL c. 41, § 81K et seq.or a way determined by the Planning Board to have sufficient width, suitable grades and adequateconstruction to provide for the needs of vehicular traffic in relation to the proposed use of the land and forthe installation of municipal services to serve such land and the buildings erected or to be erected thereon.STRUCTUREA combination of materials assembled at a fixed location to give support or shelter, such as a building,framework, retaining wall (over four ft in height), tent, reviewing stand,deck, porch platform, bin, fence,sign, swimming pools, flagpole, recreational tramway, mast for radio antenna or the like. Excludes pavedsurfaces such as parking areas, driveways, walkways and patios.TEMPORARY STRUCTUREA structure without any foundation or footings to be removed within a twelve-month time period. Saidstructure shall conform to the requirements of the Table of Dimensional RequirementsEditors Note: The Table of Dimensional Requirements is included at the end of this chapter.and shall receive a permit from the Inspector of Buildings.[Amended 4-25-2005 ATM by Art. 26]
  • 42. TOXIC MATERIALA combination of pollutants, including disease-carrying agents, which after discharge and upon exposure,ingestion, inhalation and assimilation into any organism can cause death, disease, mutations, deficiencies ormalfunctions in such organisms or their offspring.TRANSPORT TERMINALTerminal facilities for handling freight, with or without maintenance facilities.WAREHOUSEA building used primarily for the storage of goods and materials for distribution but not for sale on thepremises.WIRELESS COMMUNICATION SERVICEThe provision of cellular telephone service, personal communication service and enhanced mobile radioservice.WIRELESS COMMUNICATIONS FACILITYMonopoles, satellite dishes over three feet in diameter, antennas and accessory structures which facilitate theprovision of wireless communication service.WOOD OPERATIONForests, wood lots, portable woodworking mills and machinery located on the property for use in connectionwith the forest and wood lot operations of the owner only, with products stored not within 100 feet of thestreet line.YARDA space open to the sky, located between a building or structure and a lot line, unoccupied except by fences,walls, poles, paving and other customary yard accessories.YARD, FRONTA yard extending the full width of the lot and situated between the street line and the nearest point of thebuilding.YARD, REARA yard extending the full width of the lot and situated between the rear line of the lot and the nearest part ofthe main building projected to the side line of the lot.YARD, SIDEA yard situated between the nearest point of the building and the side line of the lot and extending from thefront yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
  • 43. PRINCIPAL USE RA RB RC RM CA CB CC CD CV IA IS RMH CX P OSA. RESIDENTIAL1. Single-Family Dwelling Y Y Y Y N N N N N N N N N N N2. Two-Family Dwelling N N Y Y N N N N N N N N N N N3. Multi-Family Dwelling N N N PB N N N N PB112 N N N N N N4. Conversion of Dwellings (195-13) N BA Y BA N N N N N N N N N N N5. Boarding House N N Y N N Y N Y N N N N N N N a. Owner Occupied BA BA BA Y Y Y Y Y Y N N N N N N b. Non-Owner Occupied BA BA BA BA BA BA BA BA BA N N N N N N 216. Mobile Home N N N N N N N N N N N Y N N N7. Planned Open Space Residential PB PB N N N N N N N N N N N N NDevelopment (Article XVIII)8. Group Residence N N N BA BA BA BA BA N BA N N N N N8. Facilitated and Independent Senior N N N PB PB PB PB PB PB PB N N N N NLiving Facility (Article XVII) a. Alzheimer’s Facility N N N PB PB PB PB PB PB PB N N N N N b. Assisted Living Facility N N N PB PB PB PB PB PB PB N N N N N c. Independent Living N N N PB PB PB PB PB PB PB N N N N N d. Congregate Living N N N PB PB PB PB PB PB PB N N N N N910. Accessory to Residential Uses N N N N N N N N Y8,9 N N N N N Na. Major Recreational Equipment (195-6.B) Y Y Y Y Y Y Y Y Y Y Y Y Y Y Yb. Animal s Accessory to Dwellings (195- Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y6.E)c. Barn Sale, Yard Sale, Garage Sale or Flea Y Y Y Y Y Y Y Y Y Y Y Y Y Y YMarket (195-6D)d. Home Occupations (195-7) Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 1 Intensity of use shall be limited to permit a maximum of 7 units per acre and a maximum of 254 units in the RMH District.
  • 44. e. Accessory Dwelling Units (article N N N N N N N N Y3,4 N N N N N NXVIIIA)B. EXEMPT USES ANDINSTITUTIONAL USES1. Exempt uses per MGL Chapter 40A,section 3 Use of land or structures for Y Y Y Y Y Y Y Y Y Y Y Y Y Y Yreligious purposes2. Use of land or structures for educationalpurposes on land owned or leased by thecommonwealth or any of its agencies, Y Y Y Y Y Y Y Y Y Y Y Y Y Y Ysubdivisions or bodies politic or by areligious sect or denomination, or by anonprofit educational corporation2. Licensed family day care facility for the day care of six or fewer nonresident Y Y Y PBN NPB NPB NPB NPB NPB NPB NPB NPB NPB NPB PBN children including children living in the residence (for –profit)4. Adult day care facility[c1] N N N BA BA BA BA BA N BA N N N N N5. Child care facility Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y46. Use of land for the primary purpose ofagriculture, horticulture, floriculture, or Y Y Y Y Y Y Y Y Y Y Y Y Y Y Yviticulture 3 on a parcel of more than fiveacres in area5. 7. Facilities for the sale of produce, andwine and dairy products, provided thatduring the months of June, July, August, andSeptember of every year, or during theharvest season of the primary crop, the Y Y Y Y Y Y Y Y Y Y Y Y Y Y Ymajority of such products for sale, based oneither gross sales dollars or volume, havebeen produced by the owner of the landcontaining more than five acres in area onwhich the facility is located3. Accessory to Exempt Uses a. Barn sale, yard sale, garage sale or Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y flea market (195-6D)C. INSTITUTIONAL
  • 45. 1. Cemeteries Y Y N N N N N N N Y N N N Y N2. Municipal facilities except garages, Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y storage or repair shops3. Municipal garages, storage or repair N N N N N BA N N N BA N N N Y Nshops4. Essential services BA BA BA BA BA BA BA BA BA BA BA BA BA BA BA5. Hospital N N N N N N N N N PB N N N N N a. Helipad accessory to Hospital N BAN BAN BAN NN YN NN NN NN NPB NN NN NN NN NN6. Airport N N N N N N N N N N N N N N NDC. COMMERCIAL1. Nonexempt Agricultural Use52 Y Y Y Y N N N N N Y YN N N YN YN2. Nonexempt farm stand for wholesale or YN Y Y Y Y Y Y Y YN Y Y Y YN YN YN retail sale of products633. Nonexempt Educational Use N N N N Y Y Y Y N Y Y N N N N4. Animal Clinic or Hospital N N N N N Y Y Y N Y N N N N N5. Kennel N N N N PBN PBN PBN PBN N PBBA N N N N N6. Nursing / Convalescent Home or N N N BA N BA N N N BAN N N N N NRehabilitation7. Funeral Home N N PBN N N Y N Y PBN PBN N N N N N8. Motel or Hotel N N N N N Y PB PB PB PB N N N N N9. Retail stores and services not elsewhere N N N N Y4 Y5 Y5 Y5 Y10 N N N N N Nset forth a. Less than 3,000 gross sq. ft. per N N N N Y Y Y Y Y N N N N N N
  • 46. structure7 b. More than 3,000 gross sq. ft. per N N N N PB Y Y Y PB N N N N N N structure c. More than 5,000 net square ft per N N N N PB Y Y Y Y N N N N N N establishment8 d. . More than 10,000 gross sq. ft. per N NN NN NN Y4N Y5PB Y5Y Y5PB Y10PB NN NN NN NN NN NN business use910. Motor Vehicle Sales and Rental 9 10 N N N N N Y N N N N N N N N N11. Motor Vehicle General and Body Repair N N N N N Y5 N N N N N N N N N12. Motor Vvehicle General Repair 9 10light N N N N N Y5 PBBA BAPB N N N N N N Nservice613. Motor Vehicle Towing & Storage N N N N N PB PB PB N N N N N N N14. Motor Vehicle Fueling Station N N N N N PB PB PB N N N N N N N15. Motor Vehicle Washing facility N N N N N PB PB PB N N N N N N N16. Parking Garage / Structure N N N N N BA BA BA BA BA BA N N N N 5 5 517. Restaurant N N N N N Y10 Y10 Y 10 Y10 5 N N N N N N18. Restaurant, Fast-Food N N N N N BA BA N BA11 N N N N N N a. With Drive-Thru N N N N N PB PB N N N N N N N N b. Without Drive-Thru N N N N N Y Y Y Y N N N N N N c. Over 2,500 gross sq. ft. BA11 NN NN NN NN NN BAPB BAY NPB NN NN NN NN NN NN PB
  • 47. 19. Business or professional Ooffice N N N N Y47 Y Y Y Y Y N N Y N N20. Medical Office or Ccenter or clinic N N N N YN Y Y Y Y Y N N N N N21. Medical Clinic N N N N PB PB PB PB PB PB N N N N N 5 5 522. Bank, Financial Agency N N N N N Y 10 Y10 Y10 Y105 N N N Y N N a. With Drive-Thru N N N N N PB PB PB PB N N N N N N b. Without Drive-Thru N N N N N Y Y Y Y N N N N N N23. Indoor Ccommercial Entertainment & N N N N N Y105 Y105 YBA PBN NY N N N PBBA YRrecreation240. Outdoor Commercial Recreation N N N N N N N N N PBN N N N BA Y25. Club or Lodge N NBA BAN BA N Y BA Y N N N N N BA Y26. Riding Academy N BA N N N BA N N N N N NBA N BA BA23. Golf course BA BA BA BA BA BA BA BA N N N BA N Y BA24. Campground N N N N N N N N N N N N N N N27. Adult entertainment establishment N N N N N N N N N N N N BA N N28. Wireless Communications Facility11 N N N N BA BA BA BA BA13 BA BA N BA BA N29. Fairs, Ccarnivals and similar outdoor N N N N N BA BA BA BA BA BA N N BA BAevents30. . Body Art Establishment N N N N N Y Y Y N N N N N N N31. Health Club N N N N N PB PB BA N PB N N N NBA Y32. Family Day Care Home (non –exempt) BA BA BA BA BA BA BA BA BA BA BA BA BA BA BA33. Massage Service Establishment N N N N BA BA BA BA BA N N N N N NED. INDUSTRIAL1. Earth Removal N N N N N N N N N BA BA N N N N2. Light Manufacturing N N N N N PBN N N N Y Y N N N N3. Heavy Manufacturing reserved N N N N N N N N N N N N N N N
  • 48. 4. Granite Operations N N N N N N N N N N BA N N N N5. Contractors Shop / Yard N N N N N N N N N BA N N N N N a. Outdoor N N N N N PB N N N PB N N N N N b. Indoor N N N N N Y N N N Y N N N N N6. Junkyard or Automobile Graveyard or N N N N N N N N N N N N N N N Salvage Yard7. Solid waste disposal facility or sanitary N N N N N N N N N N N N N N Nlandfill8. Refuse Incinerator N N N N N N N N N N N N N N N9. Transport Terminal N N N N N N N N N N Y N N N N10. Wood Operation N N N N N N N N N Y Y NY N N N11. Pedestrian and vehicular access and egress by private way to and from uses N N N N N PB N N N Y N N N N N permitted in an IA District12. Retail sale of goods, the majority of which are produced or undergo N N N N N Y N N N Y BA BA N N N N processing on the premises12713. Self Storage Mini-Warehouse N N N N N PB1315 N N N PB N N N N N14. Bakery, not including on premises retail N N N N N Y N N N YN N N N N Nsales15. Warehouse N N N N N PB N N N Y N N N N N16. Research and Development N N N N N PB N N N Y N N N N N17. Accessory to Industrial Usesa. Parking garage / structure N N N N N N N N N PB N N N N N N O T ES:
  • 49. 1 Intensity of use shall be limited to permit a maximum of seven units per acre and a maximum of 254 units in the RMH District. 2 Provided that there are neither hogs nor fur-bearing animals. 3 No such stand shall be permitted in an historic district. 4 No structure shall exceed 3,000 square feet gross floor area. 5 A special permit from the Board of Appeals shall be required if more than 10,000 square feet gross floor area is devoted to business use on the premises. 6 Notwithstanding the provisions of Note 6 of the Table of Dimensional Requirements, no structures, pumps or fuel storage tanks shall be located within 50 feet of a residentially used premises or a residential district. 7 The retail outlet shall not exceed 1,000 square feet or 10% of the gross floor area of the principal facility, whichever is less. 8. Not to exceed 900 sq. ft. per unit. The Planning Board may grant a special permit to allow units in excess of 900 sq. ft. 9. Total sq. ft. of an accessory residential use must not exceed the total sq. ft. of the primary use. 10 Net allowable floor area for each retail establishment shall not exceed 5,000 square feet. 11 No drive-through allowed. 12 Minimum lot area shall be three acres, all other requirements for multifamily dwellings shall apply and all the requirements of Articles II through XVIIIA shall apply. Multifamily dwelling density shall be six units per acre on land zones as CV. 13 Subject to the requirements of Article XIII. 14 In an RA, RB and RC District, the footprint of a building or the portion thereof constructed on or after August 1, 2002, together with any building footprint existing prior to August 1, 2002, if any, used by a nonprofit educational corporation for educational purposes shall not exceed 2,500 square feet. The footprint of any building existing prior to August 1, 2002, is exempt from this restriction so long as it is not enlarged. As used in this paragraph, the term "footprint" shall mean the land area occupied by a building, at the surface of the ground, excluding open porches. 15 In a CB District, storage units shall be set back 100 feet from the sideline of any street, and storage units with doors oriented to a street shall be set back 300 feet from the sideline of said street. 1 Minimum lot area shall be three acres, all other requirements for multifamily dwellings shall apply and all the requirements of Articles II through XVIIIA shall apply. Multifamily dwelling density shall be six units per acre on land zones as CV. 2 Intensity of use shall be limited to permit a maximum of seven units per acre and a maximum of 254 units in the RMH District. 3 Not to exceed 900 sq. ft. per unit. The Planning Board may grant a special permit to allow units in excess of 900 sq. ft. 4 Total sq. ft. of an accessory residential use must not exceed the total sq. ft. of the primary use. 5 Provided that there are neither hogs nor fur-bearing animals. 6 No such stand shall be permitted in an historic district.7 No structure shall exceed 3,000 square feet gross floor area.8 Net allowable floor area for each retail establishment shall not exceed 5,000 square feet.9 Notwithstanding the provisions of Note 6 of the Table of Dimensional Requirements, no structure, pumps or fuel storage tanks shall be located within 50 feet of a residentially used premises or residential district.10 A special permit from the Planning Board shall be required if more than 10,000 square feet gross floor area is devoted to business use on the premises. 11 Subject to the requirements of Article XIII. 12 The retail outlet shall not exceed 1,000 square feet or 10% of the gross floor area of the principal facility, whichever is less. 13 In a CB District, storage units shall be set back 100 feet from the sideline of any street, and storage units with doors oriented to a street shall be set back 300 feet from the sideline of said street.