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					Town of Townsend, MA                                                                                               http://www.townsend.ma.us/bylaws/zoning/zoning.htm


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                                                                                     ZONING BYLAW
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                              This Bylaw is adopted in accordance with and pursuant to the provisions of Mass. General Laws, Chapter 40A, and Mass.
          Welcome New
          Residents           General Laws, Chapter 43B. This Bylaw shall be known and may be cited as the Zoning Bylaw of the Town of Townsend,
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          Townsend

                              § 145-2. Purposes.

                              A. The purposes of this Bylaw include, but are not limited to, the following: to lessen congestion in the streets; to
                              conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to
                              prevent overcrowding of land; to avoid undue concentration of population; to encourage housing for persons of all
                              income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage,
                              schools, parks, open space and other public requirements; to conserve the value of land and buildings, including the
                              conservation of natural resources and the prevention of blight and pollution of the environment, to encourage the
                              most appropriate use of land throughout the Town, including consideration of the recommendations of the
                              comprehensive plan, if any, adopted by the Planning Board and the comprehensive plan, if any, of the Montachusett
                              Regional Planning Commission; and to preserve and increase amenities by the promulgation of regulations to fulfill
                              these purposes under the provisions of General Laws, Chapter 40A.

                              B. In accordance with these purposes, the use, erection, establishment, movement, repair, alteration, enlargement,
                              height, appearance, location and occupancy of buildings and structures, and uses and occupancy of premises in the
                              Town of Townsend are hereby regulated and restricted as hereinafter provided.

                              § 145-3. Conformity required.

                              Any building or structure hereinafter erected, reconstructed, altered, enlarged or moved or any use of premises hereinafter
                              established, altered or expanded in the Town of Townsend shall be in conformity with the provisions of this Bylaw.

                              § 145-4. Prohibited uses. [Amended 3-16-1987 STM by Art. 1]

                              A. Any use not specifically or generically listed herein or otherwise permitted in a district shall be deemed as
                              prohibited. Any legal use of land or building is permitted in accordance with the requirements of this Bylaw except
                              those uses which are dangerous or detrimental to a neighborhood because of fire hazard, offensive noise, smoke,
                              vibration, harmful radioactivity, electrical interference, dust, odor, fumes, heat, glare, unsightliness or other
                              objectionable characteristics.

                              B. In accordance with General Laws, Chapter 40A, and notwithstanding any provisions to the contrary, this Bylaw
                              shall not prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes
                              on land owned or leased by the commonwealth, or any of its agencies, subdivisions or bodies politic or by a religious
                          .



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                   sect or denomination or by a nonprofit educational corporation; provided, however, that such land or structures may
                   be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot
                   area, setbacks, open spaces, parking and building coverage requirements.




                   ARTICLE II, Definitions


                   § 145-5. Word usage and definitions.

                   In this Bylaw the following terms shall have the following meanings unless a contrary meaning is required by the context or is
                   specifically prescribed. Words used in the singular include the plural and words used in the plural include the singular. Words
                   used in the present tense include the future.
                   ACCESSORY USE OR BUILDING -- A use or building which is subordinate and customarily incidental to and located on the
                   same lot with the principal use or building to which it is accessory.
                   APARTMENT [Amended 3-16-1987 STM by Art. 2]

                   A. APARTMENT UNIT -- A room or enclosed floor space within a dwelling or apartment/multifamily building used or
                   intended for use by one family for living, sleeping, cooking and eating.

                   B. APARTMENT/MULTIFAMILY BUILDING -- A building designed and constructed so as to contain three or more
                   suites of one or more rooms, each suite provided with individual cooking and other facilities for independent
                   housekeeping, used or intended to be used for the non-transient housing of three or more families.

                   BED AND BREAKFAST -- A single-family home in which rooms, with or without meals, are available to guests for
                   compensation. "Bed and breakfasts" shall: [Amended 3-16-1987 STM by Art. 16; 4-27-1991 STM by Art. 1]

                   A. Require a special permit from the Board of Appeals;

                   B. Not contain more than four bedrooms for compensation excluding the rooms occupied by the owner of the
                   premises.

                   BUILDING -- A structure having a roof or cover and forming a shelter for persons, animals or property.
                   BUILDING HEIGHT -- The vertical distance from the mean level of ground at the actual building line of the proposed building
                   to the highest point of the roof or parapet for flat or shed roofs, to the deck line for mansard roofs and to the mean height
                   between eaves and ridge for gable, hip and gambrel roofs. Height limitations shall not apply to television antennas, chimneys,
                   spires or extensions of the structure strictly ornamental in nature. [Amended 3-16-1987 STM by Art. 4]
                   BUILDING LOT -- A building lot is a lot (as defined in these Bylaws) on which a structure is already located or is to be
                   constructed. [Amended 3-17-1987 STM by Art. 45]
                   CAMPER-TRAILER or TRUCK MOUNTED CAMPER -- Shall mean any vehicle used or so constructed as to permit its
                   being used as a conveyance on the public roads and highways and duly licensed as such, and constructed in such a way as will
                   permit temporary occupancy thereof as a sleeping place for one or more persons.
                   DUMP -- Any accepted method of waste disposal as allowed by local, state and federal regulations. [Amended 3-16-1987
                   STM by Art. 5]
                   DWELLING -- A building or part thereof designed, erected and used for continuous and permanent habitation for one or more
                   families or individuals.
                   DWELLING UNIT -- One or more rooms with cooking, living, sanitary and sleeping facilities arranged for the use of one or
                   more persons living together as a single housekeeping unit, but not more than five persons unrelated by blood or marriage.
                   EXTERIOR LINE -- The dividing line between a street and a lot and, in the case of a public way, the street line established by
                   the public authority laying out the way upon which the lot abuts.
                   FAMILY -- Any number of persons living together as a single economic unit and ordinarily using a single cooking
                            [i]
                   facility. EN

                   GUEST HOUSE, PRIVATE -- An accessory use on a lot which contains a dwelling. The guest house is to be occupied on a
                   temporary basis only by nonpaying guests of the principal dwelling, and may contain sleeping and sanitary facilities, but may
                   not contain cooking facilities.
                   HOME OCCUPATION -- An activity customarily carried on by the permanent residents of a dwelling unit, inside the dwelling
                   unit requiring only customary home equipment. Home occupations do not include barber shops or beauty shop nor do they
                   involve the sale of articles produced outside the dwelling unit nor any activity involving odor, vibration, smoke, dust, heat, or
                   other objectionable effects.
                   HOTEL/MOTEL -- A building or portion thereof, or a group of buildings on a single lot intended to be used for the temporary
                   occupancy of three or more persons who are lodged, with or without meals, and in which major provisions for cooking may be
                   made in a central kitchen but may not be in the individual rooms or suites. [Amended 10-22-1985 STM by Art. 10]




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                   LOT -- The term "lot" shall mean a single area of land, wholly in one ownership, defined by metes and bounds as set forth in or
                   shown on a deed or plan recorded with the Middlesex South District Registry of Deeds or a deed or plan registered with the
                   South Registry District of Middlesex County; or a metes and bounds description of the land area conforming to that contained in
                   a recorded or registered deed, together with a copy of the deed; or a plan prepared by a registered land surveyor, conforming to
                   generally accepted professional standards and defining the land area by metes and bounds; or both a deed and a plan, if both are
                   available, which description and deed, or plan, or all, have been filed as a part of an application for a building permit, variance,
                   site plan or subdivision approval, or special permit; provided that the building permit, variance, site plan or subdivision
                   approval, or special permit has been duly granted by the Town official or Board having jurisdiction to do so, and the building
                   permit, variance, site plan or subdivision approval, or special permit is in effect in accordance with its original terms and with
                   the requirements and limitations of applicable law. The term "corner lot" shall mean any lot abutting on two or more streets at
                   their intersection. [Amended 3-17-1987 STM by Art. 43]
                   LOT AREA -- The horizontal area of a lot exclusive of any area in public or private way open to public use and any body of
                   water.
                   LOT COVERAGE -- The amount of area on a lot covered by the horizontal cross section of structures.
                   LOT FRONTAGE -- The lot frontage shall be measured along a straight line connecting points of intersection of the side lot
                   lines with the front lot line.
                   LOT LINE, FRONT -- A line dividing a lot from a street right-of-way. On any lot bounded on more than one side by a street,
                   the street boundary that is to be lot "front" shall be so designated in any application for a permit to build on such lot. [Amended
                   3-16-1987 STM by Art. 10]
                   LOT LINE, REAR -- Except for a triangular lot, the lot line opposite the "front" lot line.
                   LOT LINE, SIDE -- Any lot line not a front or rear.
                   LOT WIDTH -- The rectilinear dimension of a lot regardless of the orientation of such dimensional figure to street frontage. No
                   part of the lot may be less wide than 35 feet in any dimension except at the corners, provided however, that the requirements of
                                                                              [ii]
                   the Land Space Requirements Table are complied with. EN [Amended 3-16-1987 STM by Art. 11]


                   MOBILE HOME -- A structure designed as a dwelling unit containing sleeping accommodations, a toilet and kitchen facilities,
                   with plumbing and electrical connection provided for attachment to outside systems, built on a chassis and designed to be
                                                                   [iii]
                                                                        EN
                   transported after fabrication on its own wheels.

                   [Amended 3-16-1987 STM by Art. 12]
                   MOTOR VEHICLE SERVICE STATION [Amended 5-18-1987 STM by Art. 12]

                   A. MOTOR VEHICLE SERVICE STATION -- Premises devoted primarily to retail sales and on-premises dispensing
                   of fuels, oils and lubricants, with any repair services, other sales, leasing and/or rentals, or services of secondary
                   importance.

                   B. MOTOR VEHICLE SALES FACILITY -- Premises devoted primarily to retail sales, leasing, and/or rental of new
                   and/or used motor vehicles, with any repair services, other sales, or services, of secondary importance.

                   C. MOTOR VEHICLE REPAIR SHOP -- Premises devoted primarily to motor vehicle repair services and/or body
                   work, with any other sales or services of secondary importance.

                   D. SALES FACILITY FOR BOATS, CAMPER-TRAILERS, FARM EQUIPMENT, OR CONSTRUCTION
                   EQUIPMENT -- Premises devoted primarily to retail sales, leasing, and/or rental of new and/or used boats, camper-
                   trailers, farm equipment, or construction equipment, with any repair services, other sales, or service, of secondary
                   importance. [Amended 5-7-2002 STM by Art. 18]

                   NONCONFORMING USE, BUILDING OR STRUCTURE -- An existing use of land, or a building or structure or use thereof
                   which does not conform to the regulations for the district in which it exists. [Amended 3-16-1987 STM by Art. 14]
                   PARKING SPACE -- An area containing not less than 200 square feet suitable for parking of one motor vehicle. [Amended
                   3-16-1987 STM by Art. 15]
                   PREFAB HOME -- Structure designed for over the road transportation to be permanently fixed to a proper foundation (as
                   opposed to a mobile home).
                   SIGN -- Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or
                   trademarks, whether stationary or portable, by which anything is known, such as are used to designate or locate an individual, a
                   firm, an association, a corporation, a profession, a business, or a commodity or product, which are visible from a public or
                   private street or right-of-way and used to attract attention.
                   STORY -- The portion of a building between the upper surface of any floor and the upper surface of the floor next above,
                   having more than 1/2 of its height above the average elevation of the finished grade adjoining the building. Any part of a
                   building between the topmost floor and the roof shall be deemed a half-story.
                   STREET -- An accepted Town way, a way established by or maintained under county, state or federal authority, a way
                   established by a subdivision plan approved in accordance with the Subdivision Control Law, and, in addition, these ways must




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                   in the opinion of the Planning Board have sufficient width, suitable grades and adequate construction to provide for the needs of
                   vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and
                   the buildings erected or to be erected thereon. [Amended 3-16-1987 STM by Art. 17]
                   STRUCTURE -- Anything constructed or erected, the use of which requires fixed location on the ground or attachment to
                   something located on the ground, including swimming pools if more than 23 inches deep or 250 square feet in area or gas or
                   liquid storage tanks if principally above ground, but not including walls or fences. [Amended 3-16-1987 STM by Art. 18]
                   YARDS

                   A. FRONT -- An open space extending the entire width of a lot from lot side line to lot side line between the front lot
                   line or lines and the nearest point of a building or structure. [Amended 5-1-2001 ATM by Art. 35]

                   B. REAR -- An open space extending the entire width of a lot from side line to side line between the rear lot line or
                   the corner of a triangular lot farthest from the front lot line and the nearest point of the building.

                   C. SIDE -- An open space extending along a side line of a lot (between the front yard and the rear yard on such lot)
                   and extending between the side line of such lot and the nearest point of the building or structure. [Amended
                   5-1-2001 ATM by Art. 35]




                   ARTICLE III, Establishment of Zoning Districts


                   § 145-6. Types of districts. [Amended 3-16-1987 STM by Art. 19; 1-17-1989 STM by Art. 16; 5-7-2002 STM by Art. 18]

                   The Town of Townsend is hereby divided into zoning districts designated as follows:
                   Residential Districts
                          Residential Aquifer Overlay District (RA)
                          Residential B District (RB)
                   Commercial District - C
                          Neighborhood Commercial District (NCD)
                          Downtown Commercial District (DCD)
                          Outlying Commercial District (OCD)
                   Industrial District (ID)
                   Floodplain District (F)
                   Aquifer Protection Overlay District (APD)
                   Wetlands District (W)
                   Groundwater Protection District


                   § 145-7. Location of districts. [Amended 1-17-1989 STM by Art. 16]

                   Except for Wetlands and Floodplain Districts, the location and boundaries of these districts are hereby established as shown on
                   maps entitled "Townsend Zoning Bylaw Maps #1 - 12," dated January 1989, and bear the signatures of the members of the
                   Planning Board. Floodplain District is shown on maps entitled "Flood Insurance Rate Maps and Flood Boundary and Floodway
                   Maps," dated August 2, 1982. All maps are on file in the office of the Town Clerk. These maps with all explanatory matter
                   thereon are declared to be a part of the Zoning Bylaw of the Town of Townsend, Mass.

                   A. All areas of Townsend not indicated on the maps as being in a commercial or industrial district are zoned
                   residential.

                   B. Residential Aquifer Overlay District (RA) shall be delineated as the GZD Associates boundaries as shown on a
                   map entitled "Distribution of Aquifers, Townsend, Mass., December 15, 1984, Nashua River Watershed Association,
                   Figure 2," and if a lot falls within both the RA and any other residential district, the lot shall be considered RA. This
                   map shall also be used to define the "Aquifer Protection Overlay District" as regulated in § 145-40 of this Bylaw.

                   C. The commercial and industrial districts as shown on Maps #2 - 12 are based on the "Assessor Maps" revised
                   December 31, 1986.

                   § 145-8. Amendments to maps.

                   Any changes or amendments shall be indicated by the alteration of such map, and the map thus altered is declared to be a part of
                   the Bylaws thus amended.

                   § 145-9. District boundaries.




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                   Where a district boundary is indicated as within or parallel to a street, highway, railroad right-of-way, watercourse or town
                   municipal boundary, such district boundary shall be construed as the center line or being parallel to the center line of such street,
                   highway, railroad right-of-way, watercourse or town municipal boundary.

                   § 145-10. Determination of boundaries. [Amended 1-17-1989 STM by Art. 16]

                   Whenever any uncertainty exists as to the exact location of a zoning district boundary line, the location of such line shall be
                   determined from the scale of the map. Full size Assessor Maps to determine the scale for the parcels of land indicated on
                   Neighborhood Commercial District, Downtown Commercial District, Outlying Commercial District, and Industrial District
                   Maps may be used. Additionally, full size Distribution of Aquifers, Townsend, Mass, December 15, 1984, Nashua River
                   Watershed Association, "Figure 2" maps at a scale of 1:25,000 may be used.



                   ARTICLE IV, Application of Regulations; Modifications and Exceptions [Amended 3-17-1987 STM by Art. 48]


                   § 145-11. Construction or use of buildings or improvements; use of land.

                   No building or improvement shall be constructed or used, and no land shall be used or divided except in conformity with the
                   provisions of these Bylaws. All other buildings and improvements, and all other uses of land or of buildings or improvements
                   are hereby expressly prohibited, except those already lawfully existing, which by the provisions of this Bylaw have become
                   lawfully nonconforming.

                   § 145-12. Lots partly situated in other towns.

                   When a lot is situated partly in the Town of Townsend and partly in an adjacent municipality, the provisions of this Bylaw shall
                   be applied to the portion of such lot in the Town of Townsend as if said portion were a separate lot located in the Town of
                   Townsend.

                   § 145-13. Lots divided by district boundary lines. [Amended 12-4-1990 STM by Art. 6]

                   A. When a zoning district boundary line divides a lot into two or more sections, that portion of land which is in the
                   least restrictive zone shall be governed by the use of land and dimensional requirements of the more restrictive
                   zone.

                   B. When a lot is divided by a zoning district boundary so that a portion of the lot is in a commercial/industrial district
                   and the remainder is located in a residential district, the use of land for commercial or industrial purposes shall be
                   allowed provided that the use be maintained within the commercial/industrial district boundary lines and will conform
                   to the land use regulations and dimensional requirements of the appropriate commercial or industrial district. The
                   use of a portion of the land in the more restrictive zone (residential) as an accessory use to a legal or conforming
                   use or structure in the less restrictive zone shall be prohibited.

                   § 145-14. Principal buildings and frontage.

                   No building shall be erected except on a lot fronting on a street, and there shall be not more than one principal building on any
                   residential lot except as provided for in this Bylaw.

                   § 145-15. Eminent domain.

                   Any land taken by eminent domain, or conveyed for a public purpose for which the land could have been taken by eminent
                   domain, shall not be deemed to be transferred in violation of the provisions of Article VII of this Bylaw.

                   § 145-16. Land below mean high water.

                   Land lying below mean high water shall not be included as part of a lot for the purpose of meeting area requirements of this
                   Bylaw.



                   ARTICLE V, Nonconforming Uses [Amended 3-16-1987 STM by Art. 20]


                   § 145-17. Applicability.

                   Except as hereinafter provided, this Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a
                   building or special permit issued before the date of the first publication of notice of the public hearing of such Bylaw required
                   by MGL c. 40A, § 5.




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                   § 145-18. Extensions and alterations; special permit required. [Amended 4-27-1991 STM by Art. 2]

                   Pre-existing, nonconforming structures or uses may be extended, altered, changed or rebuilt only by special permit from the
                   Board of Appeals and subject to the provisions of § 145-65F. Any such rebuilding, change, extension or alteration shall not be
                   more detrimental than the existing nonconforming use to the neighborhood. Exempted from the requirement for a special permit
                   are the following:

                   A. Alteration, reconstruction, extension or structural change to a nonconforming single- or two-family residential
                   structure where such change does not increase the nonconforming nature of said structure.

                   B. Interior alteration of any existing structure which does not change the nature of, nor increase the intensity of a
                   nonconforming use.

                   C. Reconstruction of a legally nonconforming structure damaged or destroyed by fire or other accidental or natural
                   cause if reconstruction is started within 24 months and completed within 36 months of the damage or destruction.

                   § 145-19. Loss of nonconforming status after abandonment.

                   Any nonconforming use or structure which has been abandoned or discontinued for two years or more loses the protection of
                   § 145-17 and shall be required to conform to the current Bylaw.

                   § 145-20. Previously issued permits.

                   Construction or operation under a building permit or special permit must conform to any subsequent amendments of the Zoning
                   Bylaw unless the use or construction is commenced within a period of six months after the issuance of the permit and in cases
                   involving construction, unless such construction is continued through to completion continuously and expeditiously.

                   § 145-21. Nonconforming lots in a residential district. [Added 4-27-1991 STM by Art. 3]

                   Setback requirements for the construction of any accessory structure or addition to an existing dwelling need only conform to
                   the Zoning Bylaw requirements in existence at the time of issuance of the original building permit. For structures in existence
                   prior to the Zoning Bylaw refer to § 145-18.



                   ARTICLE VI, Land Use Regulations


                   § 145-22. Applicability. [Amended 1-17-1989 STM by Art. 18]

                   Except as provided by law or in this bylaw in each district no building, structure, or land shall be used or occupied except for the
                                                                        [iv]
                   purposes permitted as set forth in Article VI et seq. EN


                   § 145-23. Dumps. [Amended 1-17-1989 STM by Art. 19; 5-7-2002 ATM by Art. 35]

                   No region in any district in Townsend shall be established by any person, company or corporation as a commercial dump, refuse
                   disposal incinerator, commercial composting or compost curing facility or other facility that processes organic or inorganic
                   material, whether or not separated at source, into fertilizers, soil additives and fuel products or materials, with the exception of
                   the Town of Thompson that may operate and maintain a municipal dump, sanitary landfill, recycling center, waste transfer or
                   other facility for the disposition of garbage, rubbish or waste generated in the Town of Townsend.

                   § 145-24. Driveways and entrances. [Added 12-4-1990 STM by Art. 7]

                   A. Purpose. In order to provide public safety through the orderly control of traffic moving onto and from a street, and
                   to provide adequate drainage of the driveways where required, new driveways and entrances shall be built
                   according to a uniform standard of design and layout.

                   B. Procedure. Prior to any construction of a driveway, the owner shall make a written application for approval to the
                   Building Inspector acting through the Board of Selectmen. Before approval is granted, the application shall be
                   referred to the Highway Superintendent, and if necessary, to other boards and/or commissions.

                   C. Design requirements.

                   (1) Entrances shall be located to the best advantage with regards to street alignment, profile, sight distance, and
                   safety conditions.




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                   (2) Entrances and driveways to a given tract of land shall be located through the frontage, or across the front lot
                   line, or through a designated access strip of said land as approved by the Building Inspector. (See Subsection D of
                   this section for common driveways.)

                   (3) Use of access strip other than those across the front lot line shall require utilization of the access strip frontage
                   as the street address for town/public records.

                   (4) Driveway grades and locations shall be constructed and maintained so as to provide safe access for
                   emergency vehicles. Driveways exceeding 500 feet in length shall have one or more emergency vehicle turnouts
                   and a terminus turnaround as specified by the Building Inspector.

                   (5) Entrance width, measured from the edge of pavement to a point 15 feet onto the applicant's property shall be:



                                                     Minimum Maximum
                       Residential                    12 feet   24 feet
                       Common driveways -              12 feet       24 feet
                       residential
                       Commercial and industrial*
                             One way                   12 feet       20 feet
                             Two way                   18 feet       26 feet
                       *Unless governed by site plan review § 145-42.


                   (6) Entrances and exits shall be no less than 50 feet from a street corner measured between the nearest edge of
                   the driveway and edge of pavement at the street corner.

                   (7) Entrances off state highways shall conform to the Massachusetts Department of Public Works Standard and
                   Regulations.

                   (8) Design standards shall provide that no water will drain from the driveway onto the street, and all such driveways
                   shall have a paved apron 15 feet in length and have a width in compliance with Subsection C(5).

                   (9) Any disturbed areas shall be stabilized and returned to their former state.

                   (10) Where a portion of a stone wall must be removed for access to the property, the remaining stone wall shall be
                   left in a stable and orderly fashion.

                   (11) Driveway design, layout, and construction shall be approved by the Building Inspector.

                   D. Common driveways.

                   (1) Each building lot must have viable vital frontage access by itself before a common driveway may be
                   considered.

                   (2) All building lots serviced by a common driveway must have legal frontage on the same public way.

                   (3) Not more than three building lots may be serviced by one common driveway. Said driveway shall be located
                   across the frontage or the front lot line of one or more of the building lot(s) served by the driveway.

                   (4) The minimum distance between any two common driveway entrances shall be 500 feet.

                   (5) The maximum length of any common drive shall be no more than 1,000 feet to the longest point as measured
                   along the driveway. This entire length of common driveway from the street to the beginning of the farthest individual
                   private driveway must be paved. Not more than three individual private driveways may be constructed off of a
                   common driveway with their individual lengths not to exceed 400 feet from the intersection with the common
                   driveway to the dwelling unit. All provisions of Subsection C(4) shall apply to each separate private driveway
                   constructed off a common driveway. [Amended 4-27-1991 STM by Art. 4; 4-29-1997 ATM by Art. 47]

                   (6) All common driveways shall have an easement and maintenance agreement between all parties served by the
                   common driveway. Plans for said common driveway shall show all metes and bounds. Plan, easement and
                   maintenance agreements shall be recorded with the Registry of Deeds following approval of the Building Inspector.
                   Certification of said recording shall be provided to the Building Inspector.




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                   (7) All provisions of this § 145-24, with the exception of access strips, shall apply to the common drive unless noted
                   otherwise.

                   E. Inspections and fees.

                   (1) The Building Inspector reserves the right to inspect the proposed site before, during, and after construction.

                   (2) The Building Inspector may establish reasonable fees for driveway application and inspections.

                   § 145-25. Distribution systems.

                   All distribution systems must be provided underground, including water, sewerage and gas lines.

                   § 145-26. Residential districts. [Amended 3-16-1987 STM by Arts. 22, 23, 24 and 25; 3-17-1987 STM by Arts. 26, 27, 28, 29, 30, 31, 32, 34, 36
                   and 40; 5-18-1987 STM by Arts. 16, 17, 18, 19, 20 and 21; 1-17-1989 STM by Arts. 13, 26, 27, 28, 29, 30 and 31; 4-25-1989 STM by Arts. 16 and
                   18; 5-15-1996 STM by Art. 8]

                   A. Residential A and B Districts permitted uses.

                   (1) Detached one-family dwelling, but not including mobile home.

                   (2) Church or other place of worship, parish house, rectory or convent.

                   (3) Recreational or water supply use as a public agency.

                   (4) Public administration building, fire or police station.

                   (5) Public school, library, museum, art gallery, or community building.

                   (6) Private school offering general educational courses.

                   (7) Extension of an existing cemetery.

                   (8) Orchard, market garden, nursery, greenhouse, or other use of building or land for the raising of agricultural,
                   horticultural or floricultural crops.

                   (9) Removal of soil, loam, sand or gravel from a parcel of land, provided that such removal is in conformity with
                   bylaws of the Town pertaining thereto.

                   (10) Accessory use customarily incidental to a permitted use on the same lot or a lot adjacent thereto, including the
                   following:

                   (a) The raising or keeping of a small flock of fowl not to exceed 20.

                   (b) The raising or keeping of saddle horses, livestock or other farm animals for use only by residents of the premises
                   as long as the lot used is 40,000 square feet or larger.

                   (c) Private guest house, tool shed, playhouse, tennis court, boat house, or other building or structure for domestic
                   use; private garage for motor vehicles, but not including more than one commercial vehicle (other than farm
                   vehicles), or more than one vehicle owned by a nonresident of the premises, unless authorized by the Board of
                   Appeals.

                   (d) The use of a room or rooms in a dwelling or building accessory thereto by a resident of the premises as an office,
                   studio or workroom for a home occupation, provided that:

                   [1] Such use is clearly incidental and secondary to the use of the premises for dwelling purposes;

                   [2] Not more than two persons other than residents of the premises are regularly employed thereon in connection
                   with such use;

                   [3] No stock in trade is regularly maintained, except for products of the occupation itself or for goods or materials
                   which are customarily stored, used or sold incidental to its performance; and

                   [4] From the exterior of the building so used, there is not visible any display of goods or products, storage of
                   materials or equipment, regular parking of commercial vehicles, or any other exterior indication that the premises are
                   being utilized for any purpose other than residential (except for an accessory sign).

                   (e) Sign pertaining to a permitted or authorized use of the premises on which it is located, including the sale or lease




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                   thereof, provided however that the requirements of Article X of these Bylaws are complied with.

                   B. Residential A and B Districts special permit uses. In a Residential A and B District the Board of Appeals may, in
                   specific case, authorize by special permit any of the following additional uses, provided that the premises in question
                   is reasonably adaptable to such use and will allow proper layout thereof (including adequate separation of buildings
                   and open areas from adjacent premises). All special permits are subject to the provisions of Article XI.

                   (1) Accessory apartment provided the requirements of § 145-36 are met.

                   (2) Bed and breakfast, housing for the elderly, rest home, convalescent or nursing home.

                   (3) Nursery school or other agency for the day care of children, private organized camp for children or adults.

                   (4) Cemetery, hospital, sanatorium, funeral parlor, philanthropic or charitable institution (but not including a
                   correctional institution).

                   (5) Antique shop, provided the requirements of §§ 145-42 and 145-43 are met.

                   (6) Antique shop in a dwelling or building accessory thereto, provided there is no exterior display (except for an
                   accessory sign) and the residential character of the premises is preserved. All work or sale of goods must be carried
                   on inside the building used and no more than two persons shall be employed on the premises at any one time
                   exclusive of the owner or owners. There shall be no external change which alters the residential appearance. The
                   residential character of the premises must be preserved. The Zoning Board of Appeals may impose on any special
                   permit additional conditions, including but not limited to, hours of operations and screening plantings of abutting
                   properties.

                   (7) Any municipal use not specifically listed herein.

                   (8) Private club, lodge, or other nonprofit social, cultural, civic or recreational use (but not including any use the
                   chief activity of which is one customarily conducted as a business).

                   (9) Commercial kennel, animal or veterinary hospital, provided that such use is located on the same premises as a
                   dwelling and is conducted by a resident thereof.

                   (10) Salesroom or stand for the sale of nursery, greenhouse, garden or farm produce (including articles of home
                   manufacture from such produce), provided that the major portion thereof is raised on the premises (or made from
                   produce so raised).

                   (11) A boat yard and/or single-pier docking facility for the service, rental, repair, limited sale, and temporary storage
                   of small private craft, excluding craft powered by combustion engine(s), but only to the extent specifically authorized
                   by the Board of Appeals.

                   (12) Any of the following commercial recreation uses: golf course (but not including a golf driving range or
                   "miniature" golf course), boat or canoe livery, riding stable, ski ground or bathing beach, including the incidental sale
                   of refreshments if primarily for the convenience of patrons thereof and of equipment customarily related to the use
                   (such as golf balls, fishing tackle and the like), but only to the extent specifically authorized by the Board of Appeals.

                   (13) Activities, accessory to activities permitted as a matter of right, which are necessary in connection with scientific
                   development or related production, whether or not on the same parcel as activities permitted as a matter of right.

                   (14) Multifamily structures provided, however, the requirements of § 145-37 are met.

                   (15) Beauty parlor or barber shop in a dwelling or building accessory thereto, provided that there is adequate
                   parking and that the total number of employees does not exceed two and the residential character of the premises is
                   preserved.

                   (16) On properties consisting of five or more contiguous acres and 500 or more contiguous feet of road frontage on
                   a Town-approved public way, a business may operate from preexisting buildings other than the primary residence, or
                   from a new building not exceeding 750 square feet, for the inside sale of goods and services, inside storage of
                   goods and equipment and incidental repair and installation of goods and equipment sold on the premises. [Added
                   12-16-2003 STM by Art. 2]

                   § 145-27. Downtown Commercial District (DCD). [Added 1-17-1989 STM by Art. 30]

                   A. Purpose. The Downtown Commercial District is designed to accommodate a wide variety of commercial activities
                   (particularly those that are, or could be, pedestrian oriented) that will result in a concentrated and attractive use of




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                   Townsend's limited central business district, while preserving and enhancing many of the existing structures within
                   the downtown area. New structures and additions shall retain the New England village architectural character of the
                   abutting historic district.

                   B. DCD permitted uses:

                   (1) All municipal purposes, including the administration of government, fire, and police stations.

                   (2) Educational and religious uses.

                   (3) Detached single (one) family dwellings.

                   (4) Retail sale and rental of goods, merchandise and equipment.

                   (5) Office, clerical, professional, research, and services not primarily related to goods or merchandise. [Amended
                   12-16-2003 STM by Art. 1]

                   (6) Restaurants, or other places serving food or beverage.

                   (7) Such accessory uses as are customarily incidental to any of the above uses.

                   C. DCD uses allowed by special permit from the Board of Appeals (see Article XI):

                   (1) Bed and breakfast.

                   (2) One to six dwelling units within a structure existing on the lot or for which a building permit has been issued as
                   of January 1989, provided sufficient off-street parking is available on site.

                   (3) Mixed use (residential/commercial).

                   (4) Storage and parking of goods and equipment.

                   (5) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM
                   by Art. 18]

                   D. Special provisions for parking in Downtown Commercial District. Within the Downtown Commercial District, the
                   Planning Board may, through the site plan review special permit process (§ 145-42), waive strict compliance with the
                   parking requirements (Article VIII and § 145-42) and setback of parking requirements (§ 145-32) of the Zoning Bylaw
                   if the Planning Board determines the proposed use will be able to utilize existing on- or off-street parking or will not
                   generate sufficient parking needs to create a hazard or nuisance.

                   § 145-28. Neighborhood Commercial District (NCD). [Added 1-17-1989 STM by Art. 30]

                   A. Purpose. The Neighborhood Commercial District is designed to accommodate limited commercial development
                   within Townsend Harbor and West Townsend on a scale less intensive than allowed in the Commercial or Downtown
                   Commercial Districts, while preserving and enhancing the existing structures within both neighborhoods. New
                   structures and additions shall retain the New England village architectural character of the abutting historic district.

                   B. NCD permitted uses:

                   (1) All municipal purposes, including the administration of government, fire, and police stations.

                   (2) Educational and religious uses.

                   (3) Detached single (one) family dwellings.

                   (4) Retail sale and rental of goods, merchandise, and equipment.*

                   (5) Restaurants, or other places serving food or beverage, provided no substantial carry-out or delivery, and no
                   drive-thru service.*

                   (6) Office, clerical, professional, research, and services not primarily related to goods or merchandise, provided not
                   occupying more than 2,500 square feet of gross floor area per establishment.

                   (7) Such accessory uses as are customarily incidental to any of the above uses.

                           (*These permitted uses are allowed in Neighborhood Commercial District only if each establishment/use occurs within
                          a structure existing on the lot as of January 1, 1989; however, said structure may be extended, altered, or changed as




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                           provided for in MGL c. 40A, § 6.)



                   C. NCD uses allowed by special permit from the Board of Appeals (see Article XI):

                   (1) One to six dwelling units within a structure existing on the lot or for which a building permit has been issued as
                   of January 1989, provided sufficient off-street parking is available on site.

                   (2) Mixed use (residential and commercial).

                   D. Special provisions for parking in Neighborhood Commercial District. Within the Neighborhood Commercial
                   District, the Planning Board may, through the site plan review special permit process (§ 145-42), waive strict
                   compliance with the parking requirements (Article VIII and § 145-42) and setback of parking requirements (§ 145-32)
                   of the Zoning Bylaw if the Planning Board determines the proposed use will be able to utilize existing on- or
                   off-street parking or will not generate sufficient parking needs to create a hazard or nuisance.

                   § 145-29. Outlying Commercial District (OCD). [Added 1-17-1989 STM by Art. 30]

                   A. Purpose. The Outlying Commercial District is designed to accommodate the widest range of permitted
                   commercial activities.

                   B. OCD permitted uses:

                   (1) All municipal purposes, including the administration of government, fire, and police stations.

                   (2) Educational and religious uses.

                   (3) Sale and rental of goods, merchandise and equipment.

                   (4) Restaurants or other places serving food or beverage.

                   (5) Office, clerical, professional, research, and services not primarily related to goods or merchandise.

                   (6) Detached single (one) family dwellings.

                   (7) Such accessory uses as are customarily incidental to any of the above uses.

                   (8) Hotel/motel in operation prior to January 1, 1970, provided the requirements of §§ 145-35, 145-42 and 145-65
                   are met. [Added 4-29-1991 ATM by Art. 41]

                   C. OCD uses allowed by special permit from the Board of Appeals (see Article XI):

                   (1) Athletic and recreational facilities excluding motorized vehicular sports and recreational facilities.

                   (2) Commercial entertainment/amusement facilities.

                   (3) Motor vehicle service stations, motor vehicle sales, and motor vehicle repair shops, whether ancillary to sales or
                   not.

                   (4) Storage and parking of goods and equipment.

                   (5) Hotel/motel.

                   (6) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM
                   by Art. 18]

                   § 145-30. Industrial District (ID). [Added 1-17-1989 STM by Art. 31]

                   A. Purpose. The Industrial District is designed to accommodate commercial and industrial enterprises engaged in
                   the manufacturing, processing, creating, repairing and storage of goods, merchandise and equipment; and adult use
                   establishments (as defined in § 145-53). [Amended 9-9-1997 STM by Art. 9]

                   B. ID permitted uses:

                   (1) All municipal purposes, including the administration of government, fire, and police stations.

                   (2) Sale and rental of goods, merchandise, and equipment.




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                   (3) Office, clerical, professional, research, and services not primarily related to goods or merchandise, not greater
                   than 10,000 square feet of gross floor area per establishment.

                   (4) Motor vehicle service stations, motor vehicle sales and motor vehicle repair shops, whether ancillary to sales or
                   not.

                   (5) Converting, fabricating, manufacturing, altering, finishing, or assembling, not greater than 25,000 square feet of
                   gross floor area per establishment.

                   (6) Warehousing storage, and parking of goods and equipment.

                   (7) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM
                   by Art. 18]

                   (8) Such accessory uses as are customarily incidental to any of the above uses.

                   C. ID uses allowed by special permit from the Board of Appeals (see Article XI):

                   (1) Office, clerical, professional, research, and services not primarily related to goods or merchandise occupying
                   more than 10,000 square feet of gross floor area per establishment.

                   (2) Converting, fabricating, manufacturing, altering, finishing, or assembling occupying more than 25,000 square
                   feet of gross floor area of a building for any one or combination of such uses.

                   (3) Golf course, but not including a miniature golf course.

                   D. ID uses allowed by special permit from the Planning Board (see Article XI):

                   (1) Adult use establishments (as defined in § 145-53). [Added 9-9-1997 STM by Art. 10]




                   ARTICLE VII, Land Space Requirements


                   § 145-31. Construction or alteration of buildings or structures. [Amended 1-4-2000 STM by Art. 12

                   No building or structure shall be built nor shall any existing building or structure be enlarged or altered except in conformance
                   with the regulations of this Zoning Bylaw as to lot coverage, lot area, land area per dwelling unit, lot frontage, lot width, front,
                   side and rear yards, and maximum height of structures, in the several districts as set forth below except as may otherwise be
                   provided elsewhere in this Zoning Bylaw.

                   § 145-32. Land and yard space for new buildings.

                   A. The land and yard spaces required for any new building or use shall not include any land or area required by any
                                                                        [v]
                   other building or use to fulfill zoning requirements. EN



                   B. The front, side, or rear setback requirements for an addition to an existing residential structure, in current use as
                   such in the RA or RB Zones may be reduced by the issuance of a special permit, subject to all requirements of
                   § 145-65, but only down to the following limits: [Added 1-4-2000 STM by Art. 13]

                           Front yard setback: 40 feet
                           Side yard setback: 10 feet
                           Rear yard setback: 10 feet
                           and only if the special permit granting authority (SPGA) finds that, in
                           addition to satisfying the requirements of § 145-65F, the proposed
                           construction is consistent with the neighborhood, that the purpose of the
                           construction could not be reasonably achieved without infringing on the
                           setback area, and that the purpose of the construction could not reasonably
                           have been achieved by a more careful siting of the existing structure on the
                           lot when the structure was first built. This provision shall not be used to
                           allow the construction of a new structure.




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                   ARTICLE VIII, Parking Requirements [Amended 5-7-1986 STM by Art. 2]


                   § 145-33. Provisions applicable to all districts.

                   The following shall apply to all premises in all districts.

                   A. Performance requirement. Off-street parking must be provided to service the net increase in parking demand
                   created by new construction, additions, or change of use. Buildings, structures and uses in existence April 29, 1986
                   are not subject to these requirements as long as they are not enlarged or changed to increase their parking needs.

                   B. Number of spaces. The additional parking required for a change of use or addition equals the parking
                   requirements under the Table of Minimum Requirements for the premises as existing, or the actual amount of
                   existing parking retained, if greater. Requirements are added for mixed uses (e.g. both motor vehicle service station
                   and commercial enterprise requirements would apply to a motor vehicle service station selling retail products).



                            Table of Minimum Requirements
                            [Amended 1-17-1989 STM by Arts. 34 and 35; 9-9-1997 STM by Art. 11]
                            Residential
                           Dwelling unit having two or 2 spaces
                           more bedrooms
                           Dwelling unit having fewer       1 space
                           than two bedrooms
                           Bed and breakfast                1 space per rentable room
                           Nursing home                     1 space per two beds
                            Nonresidential
                           Retail sales, service            1 space per 180 square feet sales floor area but
                                                            not fewer than 5 spaces per separate
                                                            enterprise
                           Business or professional         5 spaces per 1,000 square feet total floor area
                                                            but no fewer than 5 spaces per separate
                                                            enterprise
                           Bank, post office                1 space per 100 square feet floor area open to
                                                            the general public
                           Restaurant, bar                  1 space per 3 seats plus 10 spaces per takeout
                                                            service station
                           Industrial, wholesale            1 space per 1.3 employees, but capable of
                                                            expansion to not less than 1 space per 300
                                                            square feet gross floor area
                           Place of public assembly         1 space per 2 persons capacity based on
                                                            Massachusetts State Building Code
                           Bowling alley, tennis court      3 spaces per lane or court
                           Industrial, adult cabaret/motion 1 parking space for each 1 person allowed by
                           picture theater                  said establishment's seating capacity, plus 1
                                                            space for each employee expected to be on
                                                            duty at any one time at said establishment, and
                                                            must conform to state and federal guidelines
                                                            for handicapped parking
                           Industrial, adult retail         1 space per 50 square feet of floor area
                           establishment (includes adult devoted to sales, merchandise, storage and
                           bookstores, adult video stores, display, but not less than 8 spaces per
                           and adult paraphernalia stores) establishment, and must conform to state and
                                                            federal guidelines for handicapped parking
                           All other uses                   Parking spaces adequate to accommodate all
                                                            normal demand, as determined by the
                                                            Planning Board


                   C. Parking area design and location.

                   (1) Location. Required parking shall be either on the same premises as the activity it serves, or located within 300




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                   feet of the building entrance on a separate parcel, not separated by a street having right-of-way width of 60 feet or
                   more, and in a zoning district allowing the activity it serves.

                   (2) Surface. All required parking areas, except those serving single-family residences, shall be paved, unless
                   exempted on special permit from the Planning Board for cases such as seasonal or periodic use where an
                   alternative surface will prevent dust, erosion, water accumulation or unsightly conditions.

                   (3) Backing. Parking areas with five or more spaces shall be designed and located so that their use does not
                   involve vehicles backing onto a public way.

                   (4) Egress.

                   (a) There shall be not more than two driveway openings onto any street from any single premises unless each
                   opening center line is separated from the center line of all other driveways serving 20 or more parking spaces,
                   whether on or off the premises, by 200 feet (measured at the street line) in a commercial district or by 300 feet if in
                   any other district.

                   (b) No such opening shall exceed 24 feet in width at the street line unless necessity of greater width is demonstrated
                   by the applicant, and the opening is designed consistent with Massachusetts DPW regulations, Section 10A-9 or
                   subsequent revisions. No driveway side line shall be located within 50 feet of the street line of an intersecting way.
                   All driveways serving five or more parking spaces shall be constructed with a minimum edge radius of five feet on
                   both sides. All driveways serving 40 or more parking spaces must have not less than 250 feet visibility in each travel
                   lane entering a state-numbered or maintained highway, and not less than 150 feet visibility on other streets.
                   [Amended 4-27-1991 STM by Art. 5]

                   (5) Setbacks [except as noted in Subsection C(6)]. No part of any private parking area having five or more parking
                   spaces shall be located within a required front yard as defined in Article II, Definitions, and Article VII, Land Space
                   Requirements, nor shall any private parking area be located within five feet of any property line except that where a
                   lot has frontage on more than one street, thus establishing more than one front yard, the Planning Board may, as
                   part of the site plan review process, designate one front yard as the primary front yard and then reduce the front
                   yard setback requirements for parking on non-primary front yards. Any such reduction shall be limited to only those
                   situations where the applicant needs the reduction to meet the parking requirements for the proposed use; but the
                   setback shall never be less than five feet from any property line.

                   (6) Parking lot plantings. Parking lots containing 10 or more parking spaces shall have at least two trees per eight
                   parking spaces, such trees to be located either within the lot or within five feet of it. Such trees shall be at least
                   two-inch diameter, with not less than 40 square feet of unpaved soil or other permeable surface area per tree. At
                   least 5% of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including
                   trees, in plots of at least four feet in width. Trees and soil plots shall be so located as to provide visual relief and sun
                   and wind interruption within the parking area, and to assure safe patterns of internal circulation.

                   D. Street and side line planting. The following shall apply to premises in all zones. [Amended 1-17-1989 STM by
                   Art. 36]

                   (1) When required. Street and side line planting is required when any new building, addition or change of use
                   required a parking increase of five or more spaces.

                   (2) Trees. Trees for street or side line planting shall have at least two-inch diameter and be of size, species, and
                   spacing such that tree drop lines approximately meet at maturity. Species shall be ones common in the area which
                   reach an ultimate height of not less than 30 feet, and may be either planted or retained.

                   (3) Location. The side line planting area shall be at least five feet wide, free of any paving (except for access drives
                   connecting abutting premises), containing trees as described above. The screening shall extend from the street line
                   to the deepest point on the premises having buildings or parking. The street planting shall consist of a band of trees
                   within 20 feet of the street lines, continuous except at driveways. Screening shall be located or trimmed to avoid
                   blocking egress visibility.

                   (4) Existing trees. If located within 25 feet of a street, no existing tree of four-inch diameter or greater, dense
                   hedgerow of four or more feet in both depth and height or existing earth berm providing similar visual screening shall
                   be removed or have grade changed more than one foot unless dictated by plant health, access safety, or
                   identification of the premises, as determined by the Planning Board.

                   (5) Exceptions. Where plant materials as required in Subsection D(1) would harmfully obstruct a scenic view or
                   vista, the Planning Board may grant a special permit to allow substitution of low level plantings which will visually
                   define the street edge or property line provided that proposed buildings are also designed and located to preserve
                   that view or vista.




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                   (6) Maintenance. All plant materials required by this bylaw shall be maintained in a healthful condition. Dead limbs
                   shall be promptly removed, and dead plants shall be replaced at the earliest appropriate season.




                   ARTICLE IX, Special Provisions


                   § 145-34. Additional requirements. [Amended 1-17-1989 STM by Art. 37]

                   The following uses may be permitted as designated in Article VI, Land Use Regulations, provided they meet the following
                   requirements in addition to any other requirements.

                   § 145-35. Motels.

                   A. The density of motel units per acre shall be no more than five. [Amended 5-18-1987 STM by Art. 22]

                   B. On each lot used for motel purposes there shall be provided front yard 60 feet in depth, rear and side yards each
                   not less than 50 feet in depth.

                   C. A space not less than 20 feet shall be maintained open with grass, bushes, flowers or trees all along each side
                   lot, rear lot and front lot, except for entrance and exit driveways, and such open space shall not be built on, nor
                   paved nor used for parking.

                   D. No space within the required front yard depth shall be used for parking except as a temporary nature such as for
                   registering. No parking spaces are allowed in required yard depths and all parking shall be at the side, rear or under
                   the building for which it is intended.

                   E. Each motel site shall be provided with not more than two motor vehicle driveways for each abutting street which
                   shall intersect the abutting street or streets at 90°.

                   F. Each rental unit shall contain not less than 250 square feet of habitable floor area.

                   G. Subject to Board of Appeals, uses such as but not limited to restaurants, convention facilities, health clubs, retail
                   shops, beauty and barber shops are permitted within motels containing 100 or more units.

                   H. Hotels/motels in operation prior to January 1, 1970 have the capability to expand to a maximum density of 10
                   units per acre with or without individual kitchens. [Added 4-29-1991 ATM by Art. 41]

                   § 145-36. Accessory apartments in residential district. [Added 1-17-1989 STM by Art. 38]

                   A. Purpose. Recognizing the need to provide alternative affordable housing for family members, the following
                   regulations are established for accessory apartments in a residential district. It is expressly understood that this
                   section does not provide for "two-family" or "duplex" type housing. [Added 12-4-1990 STM by Art. 9]

                   B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of Appeals for a
                   special permit for the construction and occupancy of an accessory dwelling unit, hereinafter "accessory apartment"
                   in such single-family dwelling. In no case shall there be more than one accessory apartment in any single-family
                   dwelling.

                   C. In accordance with the provisions of Article XI of this bylaw, and after due consideration of the report and
                   recommendation of the Board of Health (see Subsection C), the Board of Appeals may grant a special permit
                   provided that: [Amended 12-4-1990 STM by Arts. 10 and 11; 4-27-1991 STM by Art. 7]

                   (1) The accessory apartment is accessory to the principal residence, the floor area of the apartment shall not
                   exceed 35% of the floor area of the principal residence and the apartment combined, and either the apartment or the
                   principal residence is occupied by the owner of the lot on which the apartment is to be located, except for bona fide
                   temporary absences.

                   (2) Adequate provision has been made for the disposal of sewage, waste and drainage of such accessory
                   apartment in accordance with the requirements of the Board of Health.

                   (3) Adequate provision has been made for ingress and egress to the outside from such accessory apartment.

                   (4) The construction and occupancy of the accessory apartment will not be detrimental to the neighborhood in
                   which the lot is located.




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                   (5) The lot on which the accessory apartment and principal residence are located contains at least one acre.

                   (6) Adequate provision has been made for off-street parking of motor vehicles in such a fashion as is consistent
                   with the character of a single-family residence.

                   (7) There is no other apartment on the lot on which the accessory apartment is to be located.

                   D. In order to ensure compliance with Subsection B(2) above, the applicant shall obtain and submit to the Board of
                   Appeals prior to the hearing a written report of the Board of Health certifying that the conditions of Subsection B(2)
                                                                                                                            [vi]EN
                   have been met. The Board of Health may supplement its report within five days after the hearing.




                   E. Any owner or owners of a single-family dwelling in RA and RB Districts seeking a new or a renewal of an
                   accessory apartment permit shall agree to abide by the terms of a local housing agency or partnership program to
                   ensure moderate income occupancy of the apartment thus created for a period of not less than five years. The local
                   housing agency or partnership shall permit deferral of the program if the homeowner wishes to accommodate
                   initially a family member or members. For the purpose of this section, family member shall be defined as one of the
                   blood, step or adopted relatives of the homeowner or spouse as follows: mother, father, sister, brother, son,
                   daughter, uncle, aunt, grandmother, grandfather and/or their spouses. Should the family member "vacate" the
                   accessory apartment, the agreement with the local housing agency or partnership may be voided, providing the
                   accessory apartment is discontinued and the dwelling reverts back to compliance with § 145-26A(1). Any apartment
                   proposed hereunder shall comply with all applicable provisions of this § 145-36. Any permit granted pursuant to this
                   section shall be of five years' duration revocable upon sale of the property unless the buyer, by written notice to the
                                                                                                                                     [vii]EN
                   Board of Appeals, agrees to the local housing agency or partnership program for the balance of the term.



                        [Amended 12-4-1990 STM by Art. 12]

                   § 145-37. Apartments. [Amended 5-7-1986 STM by Art. 3; 1-17-1989 STM by Art. 39]

                   No apartment/multifamily structure as defined shall be constructed except in conformance with the requirements of this section
                   and § 145-65. Apartments/multifamily structures shall require a special permit from the Board of Appeals. There shall be not
                   more than one apartment/multifamily structure per building lot. The following shall be considered the minimum standards for
                   apartment/multifamily development:

                   A. Zoning district allowed: RA, RB.

                   B. Minimum lot area: eight acres.

                   C. Minimum lot frontage: 500 feet.

                   D. Minimum front yard: 100 feet.

                   E. Minimum side yard: 60 feet.

                   F. Minimum rear yard: 60 feet.

                   G. Density: not to exceed one apartment unit per three acres in RA Districts; two acres in RB Districts.

                   H. Structure size: not to contain more than six units per each detached structure.

                   I.   Maximum lot coverage: by buildings and pavement: 35% of gross upland land area.

                   § 145-38. Mobile homes. [Amended 5-7-1986 STM by Art. 4]

                   Mobile homes, as defined, may be placed on a lot for a period not to exceed 12 months for the sole purpose of allowing,
                   specifically, the lot owner a temporary residence while a permanent residence is being constructed. Any such mobile home shall
                   be subject to the provisions of the state and Townsend sanitary code, wetlands regulations and other appropriate ordinances or
                   bylaws.

                   § 145-39. Open space preservation development (OSPD). [Amended 5-7-1986 STM by Art. 5]




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                   A. Purpose. In order to provide for the public interest by the preservation of open space in perpetuity, variety in
                   residential housing development patterns which allow for development more harmonious with natural features and
                   Town growth policies than traditional residential development, to promote the maximum possible protection of open
                   space, visual quality and watershed protection, and to encourage efficient provision of necessary utilities and
                   community services, the following regulations are established for open space preservation development within the
                   Town of Townsend. In making any and all determinations under this bylaw, the Planning Board shall always compare
                   the impact of an open space development with potential conventional development, and may approve open space
                   development only if the proposal is superior to a conventional development.

                   B. Applicability. Open space preservation development shall be allowed within Residence "A" and Residence "B"
                   Zoning Districts subject to the requirements of this bylaw for those districts, and in accordance with the additional
                   requirements specified herein.

                   C. General requirements.

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

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

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

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

                   D. Permitted uses.

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

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

                   (3) Recreational facilities for OSPD purposes.

                   E. Minimum requirements.

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

                   (a) Layout by a preliminary sketch plan showing the total number of lots which could be obtained by utilizing a
                   conventional grid subdivision. The plan shall show all wetlands along the potential sites for home; and if individual
                   septic systems and/or wells for drinking water would be necessary to serve the homes, then also the location of
                   subsurface sewage disposal system and/or well on each lot. Where available, medium intensity soil survey maps,
                   such as those available from the USDA Natural Resource Conservation Service, shall be provided. Furthermore, the
                   SPGA may require the applicant to provide or pay for the creation of more detailed, high-intensity maps, or other
                   data, if there is any indication of ledge, shallow soils, or other indication that the lots shown on the conventional plan
                   may not be buildable as a practical matter. The applicant shall also provide financial data, based on the known data,
                   including current housing prices and reasonable inflation and population projections, demonstrating that the
                   conventional subdivision is financially viable, and could be completed and sold within the same time frame planned
                   for the open space proposal. [Amended 5-2-2000 ATM by Arts. 38 and 39]

                   (b) Data proving that adequate provision for sanitary sewage can be provided to each lot in the conventional
                   subdivision. If individual septic systems would be necessary to serve the homes, then the following data must be
                   included: [Added 5-2-2000 ATM by Art. 38]

                   [1] Records of all soil tests performed on the site, whether or not performed by or on behalf of the applicant, on file
                   with the Board of Health and the Nashoba Associated Boards of Health.




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                   [2] Soil test data meeting the requirements of the Board of Health which show that a subsurface sewage disposal
                   system conforming with all current state and local requirements could be installed on each lot in the conventional
                   subdivision.

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



                                            Table of Minimum Requirements
                                          Zoning District RA, RB
                                       With Town Water       Without Town Water
                           Minimum lot 20,000 sq. ft.        48,000 sq. ft.
                           area
                           Minimum lot 50 ft.                120 ft.
                           frontage


                   (3) Frontage requirements. Frontage requirements for lots on the arc of the curve at the end of so called "cul de
                   sacs" may be reduced to no less than 25% of the required minimum for the zoning district as established in Article
                   VII of the bylaw. [Amended 4-27-1991 STM by Art. 10]

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

                   (a) The development will not cause unreasonable traffic congestion or unsafe conditions both within and outside of
                   the development and will comply with Town standards for parking, access, road design and construction.

                   (b) The development will provide for and maintain convenient and safe emergency vehicle access to all buildings
                   and structures at all times.

                   (c) The nature of the soils and subsoils shall be suited for the intended purposes. This determination shall focus
                   upon, but shall not be limited to the location, design and construction of roadways, buildings, septic systems and
                   surface water drainage systems. Soil borings or test pits may be made to provide information on soil texture, color,
                   percolation rates and depth to the groundwater table at its maximum elevation.

                   (d) Anticipated stormwater runoff from the site shall not exceed peak runoff from the site prior to development. The
                   applicant shall submit formal drainage calculations by a registered professional engineer for this purpose.

                   (e) Proper soil erosion and sedimentation control measures shall be employed to minimize sedimentation and
                   siltation of existing surface water bodies and wetlands. In areas where the land slopes downward towards any
                   surface water body, or freshwater wetland, proposed filling, cutting, clearing or grading shall be minimized and all
                   such development activities shall be carried out in such a way as to retain the natural vegetation and topography
                   wherever possible. The Planning Board may require that an erosion and sedimentation control plan be submitted if
                   significant erosion is anticipated in slope areas.

                   (f) The site design shall preserve and, where possible, enhance the natural features of the property, including
                   scenic views, by adapting the location and placement of structures and ways to the existing topography in order to
                   minimize the amount of soil removal, tree cutting and general disturbance to the landscape and surrounding
                   properties.

                   (g) The development shall comply with all other provisions of the Subdivision Rules and Regulations of the Planning
                         [viii]EN
                   Board




                       and any other land use regulations of the Town in effect at the time of application, insofar as they are apt.

                   (h) The Planning Board may hire, at its discretion and at the project proponent's expense, a qualified firm or firms to
                   evaluate the technical information presented to the Planning Board. [Added 1-17-1989 STM by Art. 40]




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                   (i) Precast reinforced concrete or granite monuments shall be set at all angle points, beginnings and ends of curves,
                   and at any other points as directed by the Board marking the perimeter of the open space. These concrete or granite
                   monuments shall be a minimum of three feet in length, dressed to five inches square on top, with a three-eighths-
                   inch drill hole in the center of the top. These bounds shall be set so the top is six inches above the finish grade. The
                   applicant shall deposit a certified check or cashiers check payable to the Town of Townsend in the amount totaling
                   $300 dollars per monument. The check shall be refunded after submission of a certificate from a registered land
                   surveyor certifying that bound monuments have been accurately installed. [Amended 4-27-1991 STM by Art. 11]

                   F. Open space use and design standards.

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

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

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

                   (a) Naturally existing woods, fields, meadows and wetlands shall be maintained and improved in accordance with
                   good conservation practices.

                   (b) Common open space shall be planned as large, contiguous units whenever possible. Strips or narrow parcels of
                   common open space shall be permitted only when necessary for access or as vegetated buffers along the site's
                   perimeter.

                   (c) Common open space may be in more than one parcel provided that the size, shape and location of such parcels
                   are suitable for the designated uses.

                   (d) No more than 20% of the common open space shall be covered by man-made impervious surfaces.

                   (e) Common open space may be used for active and passive recreation, conservation, forestry, agriculture, natural
                   buffers, structures necessary to approved uses, utilities and other facilities necessary for the convenience and
                   enjoyment of the residents, subject to approval by the Planning Board.

                   (f) There shall be a minimum setback of 50 feet between any common open space structures and all property lines
                   of the site.

                   G. Common open space ownership and management.

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

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

                   H. Duration of approval. Notwithstanding anything to the contrary in this § 145-39, any special permit granted by the
                   Planning Board for an OSPD shall become void within two years from the date of issue, which two years shall not
                   include time required to pursue or await determination of an appeal referred to in Section 17 of Chapter 40A of the
                   General Laws, unless any substantial part of the proposed construction work shall have been performed and
                   proceeded in good faith continuously to completion, except for a good cause. All open space shall be dedicated at
                   the time the special permit, as required, has been granted.

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




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                   with these regulations.

                   § 145-40. Aquifer Protection Overlay District. [Added 5-7-1986 STM by Art. 12; amended 6-5-1993 STM by Art. 8; 4-29-1997 ATM by Arts.
                   48, 49, 52 and 53; 11-11-2002 STM by Art. 30]

                   A. Findings. The Town of Townsend finds that:

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

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

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

                   B. Aquifer Protection Overlay District. Aquifer Protection Districts shall be defined as the aquifer boundaries shown
                   on a map entitled "Distribution of Aquifers, Townsend, Mass., December 15, 1984, Nashua River Watershed
                   Association" and shall be considered superimposed over any other district established in this bylaw.

                   C. Use regulation.

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

                   D. Density regulations. Residential dwellings shall only be permitted at a density not greater than that allowed by
                   the underlying zoning district for single-family residential dwellings.

                   E. Special permit uses. Within the Aquifer Protection District the following shall be allowed only upon receipt of a
                   special permit:

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

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

                   F. Special permits.

                   (1) Special permit granting authority. The special permit granting authority (SPGA) under this bylaw shall be the
                   Board of Appeals. Such special permit shall be granted if the SPGA determines in conjunction with other Town
                   agencies as specified in§ 145-65E that the intent of this bylaw as well as its specific criteria are met. In making such
                   determination, the SPGA shall give consideration to the simplicity, reliability and feasibility of the control measures
                   proposed and the degree of threat to water quality which would result if the control measures failed. The SPGA shall
                   explain any departures from the recommendations of the other Town agencies in its decision.

                   (2) Special permit criteria. Special permits under Subsection E of this section shall be granted only if the SPGA
                   determines that groundwater quality resulting from on-site waste disposal and other on-site operations will not fall




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                   below applicable federal or state standards for drinking and recreational water at the down-gradient property
                   boundary.

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

                   (a) A complete list of all chemicals, pesticides, fuels and other actually or potentially toxic or hazardous materials, as
                   well as the quantity, to be used or stored on the premises in quantities greater than those associated with normal
                   household use, accompanied by a description of measures proposed to protect all storage container/facilities from
                   vandalism, corrosion and leakage, and to provide for control of spills. Appropriate industry standard Material Safety
                   Data Sheets pertaining to each item on the list must also be provided. Said list shall also be filed with the Hazardous
                   Waste Coordinator (Fire Chief) or his designee and all of his pertinent regulations shall be complied with.

                   (b) A description of actually or potentially toxic or hazardous wastes to be generated, indicating storage, disposal
                   and groundwater protection methods.

                   (c) Evidence of approval by the Massachusetts Department of Environmental Quality Engineering (DEQE) of waste
                   treatment or disposal system or any wastewater treatment system over 15,000 gallons per day capacity.

                   G. Design and operations guidelines. The following design and operation guidelines shall be observed within the
                   Aquifer Protection District.

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

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

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

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

                   H. Violations. Written notice of any violation of this bylaw shall be provided by the Hazardous Waste Coordinator
                   (Fire Chief) or his designee to the owner or operator of the premises, specifying the nature of the violations and a
                   schedule of compliance, including cleanup of any spilled materials. The Hazardous Waste Coordinator (Fire Chief)
                   or his designee shall also notify the Board of Health, Conservation Commission, Police Chief, Building Inspector,
                   SPGA, and DEP. This compliance schedule must be reasonable in relation to the public health hazard involved and
                   the difficulty of compliance. In no event shall more than 30 days be allowed for either compliance or finalization and
                   implementation of a plan for longer-term compliance. Until plans for compliance and implementation have been
                   approved by the SPGA, all operations involving hazardous materials at the site shall be suspended.

                   I.   Definition.

                   TOXIC OR HAZARDOUS MATERIALS -- Any substance or mixture of such physical, chemical or infectious characteristics
                   as to pose a significant, actual or potential hazard to water supplies, or other hazard to human health, if such substance or
                   mixture were discharged to land, groundwater, or surface waters of this Town. Toxic or hazardous materials include, without
                   limitation, organic wastes, acids and alkalis, pesticides, herbicides, solvents, thinners and wastes generated by activities such as
                   (but not limited to) those listed below, are presumed to be toxic or hazardous unless and except to the extent that anyone
                   engaging in such an activity can demonstrate the contrary to the satisfaction of the Board of Health and Hazardous Waste
                   Coordinator (Fire Chief) or his designee. Storage, manufacture or other activities involving the use of:

                   (1) Hydrocarbon fuels and solvents of any kind.

                   (2) Airplane, boat and motor vehicle service and repair.

                   (3) Chemical and bacteriological laboratory operation.




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                   (4) Cabinet making.

                   (5) Dry cleaning.

                   (6) Electronic circuit assembly.

                   (7) Metal plating, finishing and polishing.

                   (8) Motor and machinery service and assembly.

                   (9) Painting, wood preserving and furniture stripping.

                   (10) Pesticide and herbicide manufacturing and/or storage activities.

                   (11) Photographic processing.

                   (12) Printing.

                   § 145-41. Squannacook River area of critical environmental concern. [Added 5-7-1986 STM by Art. 13]

                   A. Purpose. The Town of Townsend, recognizing the need to affirm and implement the intent of state legislation
                   establishing the Squannacook River Sanctuary Act (MGL c. 132A, § 17), namely to protect environmental values
                   significant to flood control, the prevention of storm damage, the protection of waters containing fisheries and other
                   public interests protected by the Wetlands Protection Act (MGL c. 131, §§ 40 and 40A) hereby adopts the following
                   regulations.

                   B. Geographical applicability. This article will apply to the waters of the Squannacook River within the Town of
                   Townsend and a buffer zone extending 300 feet landward from each bank (as defined in MGL c. 131, § 40) of the
                   Squannacook River. For those lots or land parcels totally encompassed by this area so defined, this article's
                   applicability will be limited to 100 feet landward of the edge of the wetlands, as defined by MGL c. 131, § 40.

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

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

                   C. Regulation of construction. Within the above described area, there will be no construction of structures or
                   removal of materials as regulated by § 145-46 of the Townsend Zoning Bylaws.

                   D. Regulation of vegetation alteration. Within the areas described in Subsection B of this section, there will be no
                   clear cutting of existing vegetation and no more than minimal disruption of wildlife habitats. However, this section
                   shall not apply in cases where the Conservation Commission determines that its application would adversely affect
                   the purposes of MGL c. 131, § 40.

                   E. Site design requirements. Enlargement, reconstruction or modification of any structure permitted prior to the
                   establishment of this bylaw shall conform to the following:

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

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

                   § 145-42. Site plan review special permit. [Added 5-7-1986 STM by Art. 14]

                   A. Purpose. Each use for which a site plan submission is required is a potentially significant addition to a developing
                   or developed area of the Town, and to a residential, commercial, or industrial neighborhood. It is intended that the
                   site plan for each use be prepared with due consideration for:

                   (1) The purpose and intent of this Zoning Bylaw;

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




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                   (3) Protection of the public health, safety, welfare, property values and the environment.

                   B. Applicability. Any change of use or increase in intensity of use which would under the parking schedule "Table of
                   Minimum Requirements" of § 145-33 require five or more parking spaces, regardless of the number of parking
                   spaces existing on the premises, shall be permitted only upon the issuance of a special permit from the special
                   permit granting authority for site plan review in conformance with this section, § 145-65 and MGL c. 40A, §§ 9 and
                   11. [Amended 1-4-2000 STM by Art. 11]

                   (1) However, no such special permit is required for a change of use where the following conditions apply: [Added
                   5-2-2000 ATM by Art. 17]

                   (a) The site has been in compliance with a previously issued site plan review special permit under this section for at
                   least the immediately preceding 12 months, and there have been no changes to the site that were not anticipated by
                   the earlier permit.

                   (b) The new use does not require more parking spaces than the number required by the previously issued site plan
                   review special permit.

                   (c) The Planning Board finds, by the same vote that would be required for issuing a special permit, and based on the
                   actual history of the site, and after consulting with the Police Department and the Board of Selectmen, that the
                   earlier site plan review special permit adequately addresses the purpose of the site plan review special permit, and
                   that the new use does not differ in ways that would invalidate the assumptions, findings, or conditions of the earlier
                   permit.

                   (2) Before making the determination that a site is eligible for the exemption of Subsection B(1), the Building
                   Inspector shall notify the Planning Board of the proposed change of use in a timely manner. The Planning Board
                   may act on such determination without a public hearing. An applicant need not wait for such determination by the
                   Building Inspector or Planning Board prior to filing an application for a new site plan review special permit. [Added
                   5-2-2000 ATM by Art. 17]

                   C. Procedure. Applications for site plan review special permits shall be filed with the Town Clerk and the special
                   permit granting authority as specified in § 145-65C of the Zoning Bylaws. [Amended 4-25-1995 STM by Art. 11;
                   9-24-1996 STM by Art. 39; 1-4-2000 STM by Art. 11]

                   D. Drawing requirements. Site design plans subject to site plan review special permit shall be prepared by a
                   registered architect, landscape architect, professional land surveyor or professional engineer. The site design plan
                   shall be prepared at a scale no less than one inch equals 20 feet and shall show all existing and proposed buildings,
                   existing and proposed contour elevations, structures, parking spaces, driveway openings and driveways within a
                   two-hundred-foot radius of the project, service areas, facilities for sewage, refuse, other waste disposal, and for
                   surface water drainage, wetlands, surface water, areas subject to the one-hundred-year flood and landscape
                   features such as trees, shrubs, fences, walls, planting areas, walks and lighting, both existing and proposed. The
                   site plan shall also show the relation of the above features to adjacent ways and properties and contain a locus map
                   at a scale not greater than one inch equals 2,000 feet. The site plan shall also show all contiguous land owned by
                   the applicant or by the owner of the project site. [Amended 9-24-1996 STM by Art. 40]

                   (1) Special provisions for drawing requirements. The special permit granting authority may, at its option following a
                   preliminary review, waive the requirement that site design plans be prepared by a registered architect, landscape
                   architect, professional land surveyor or professional engineer. In considering applications for waivers, the special
                   permit granting authority shall consider whether the proposed plans indicate any new construction or expansion of
                   existing structures; whether there is a recorded survey plan in existence for the site showing the property bounds,
                   existing structure and curb cuts; whether the proposed project requires any changes in or impact upon vehicular or
                   pedestrian access, parking areas, drainage, water supply, sewage disposal, lighting, landscaping, wetlands,
                   watercourses and lot contours. The waiver shall not remove the requirement that site design plans be drawn to scale
                   and depict those items stated in Subsections C through G. [Added 12-4-1990 STM by Art. 14; 1-4-2000 STM by Art.
                   11]

                   E. Access and circulation. Provisions shall be made for vehicular and pedestrian access to the project site and
                   circulation upon the site in such a manner as to safeguard against hazards to traffic and pedestrians in the street
                   and upon the site, to avoid traffic congestion on any street and to provide safe and convenient circulation in the
                   street and upon the site. Access and circulation shall also conform to the following:

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

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




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                   congestion and for hazards to traffic and pedestrians; [Amended 1-4-2000 STM by Art. 11]

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

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

                   (5) Driveways into the site shall have proper grade and alignment as well as transition grades and sight distances,
                   for safe, convenient and efficient access and shall meet the street right-of-way line and travel way of the street in
                   such a manner as to conform to the standard cross section for the street as determined by the Highway
                   Superintendent and the Planning Board's Rules and Regulations for Subdivision Control; [Amended 1-4-2000 STM
                   by Art. 11]

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

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

                   F. Existing streets. Where the project site has frontage on an existing street, proper provision shall be made for
                   grading and improvement of shoulders and sidewalk areas within the right-of-way of the street and for provision of
                   curbs and sidewalks.

                   G. This section, Subsections A to G, is supplementary of other provisions of the Zoning Bylaw affecting access,
                   circulation, design and landscaping of parking areas. Where the application of Subsections A to G imposes a greater
                   restriction than imposed by other provisions of the Zoning Bylaw, the application of Subsections A to G shall control.

                   H. The special permit granting authority for this section shall be the Planning Board, except that if a use requires a
                   special permit from the Zoning Board under § 145-26B(2),(3), (5) or (6) or § 145-27C, and requires at most eight
                   parking spaces, and is not on a state highway or state numbered road then the special permit granting authority
                   shall be the Zoning Board. [Added 1-4-2000 STM by Art. 11]

                   § 145-43. Antique shops. [Added 9-25-1989 STM by Art. 4]

                   Recognizing the need to preserve and enhance historic structures in the Town of Townsend which are beyond historic district
                   boundaries, and to protect and promote an important part of our cultural heritage, the Town of Townsend hereby enacts the
                   following section to permit an antique shop to operate in residential districts without the requirement of its being an accessory
                   use to a single-family dwelling:

                   A. The structure used must have been in existence prior to 1900. Any and all additions to the original structure must
                   be in keeping with the original architectural style.

                   B. Sufficient off-street parking, as covered in the Table of Minimum Requirements in § 145-33 of this Bylaw under
                   nonresidential retail sales and service, must be provided and such parking areas must be in keeping with the
                   character of a single-family residence. Crushed stone may be considered as an acceptable paving surface for this
                   use.

                   C. All work or sale of goods must be carried on inside the building used. There shall be no external change which
                   alters the residential appearance. The residential character of the premises must be preserved.

                   D. There shall be no outside display except for a sign advertising such use which shall comply with Article X et seq.
                   of the Townsend Zoning Bylaws pertaining to residential signs.

                   E. The products to be sold must be authentic antiques, as opposed to reproductions.

                   F. The Zoning Board of Appeals may impose on any special permit additional conditions, including but not limited
                   to, number of employees permitted, hours of operations and screening plantings of abutting properties.

                   G. Before granting a special permit the Zoning Board of Appeals must conclude that the impact from traffic, lighting,




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                   and hours of operation will not have a negative impact on the residential neighborhood.

                   § 145-44. Swimming pool enclosures. [Added 5-18-1987 STM by Art. 24]

                   Any person owning land on which there is a swimming pool containing 24 or more inches of water in depth at any point, and/or
                   covering a surface area of greater than 250 square feet, shall erect and maintain an enclosure surrounding the property or pool
                   area sufficient to make such pool inaccessible to small children. Such enclosure must be constructed of a rigid material, be
                   equipped with a self-latching gate with a latch that is inaccessible to small children from the outside, in case of an aboveground
                   pool, a swing-up or removable ladder that prevents entry, and must not be less than four feet in height.

                   § 145-45. Floodplain District. [Amended 1-17-1989 STM by Art. 17]

                   A. The purpose of the Floodplain District is to ensure that development on land within the district will not endanger
                   the health, safety and welfare of the occupants of land within the floodplain and of the public and to encourage the
                   most appropriate use of the land in the community. The Floodplain District shall be considered to be superimposed
                   over the other districts shown on the Zoning Map, as a recognition of the special hazards which exist in such areas.

                   B. In the Floodplain District uses otherwise permitted by this Bylaw in the zone in which the land is located shall be
                   permitted only if they conform with the purposes cited above. No structure shall be erected for human occupancy, or
                   to which flood-damageable sanitary facilities would be attached.

                   C. No dumping, filling, dredging, excavation, transfer or removal of any material which will reduce the natural
                   floodwater storage capacity of the land or will interfere with the natural flow of water over the land or through the
                   groundwater table shall be permitted. No activity which may pollute surface or groundwater due to flooding shall be
                   permitted.

                   D. Notwithstanding the above, a permit may be issued for a development, which meets requirements as defined
                   below, by the Board of Appeals after reasonable notice and a mandatory public hearing.

                   (1) Any person desiring such a permit shall submit an application to the Board of Appeals, describing in detail the
                   proposed use of the property and the work to be performed, accompanied by plans showing:

                   (a) The location, boundaries, and dimension of the lot, existing and proposed structures, watercourses and drainage
                   easements, fill, means of access, and sewage disposal facilities, and location of one-hundred-year flood lines;

                   (b) Mean sea level elevation, with two-foot or less contour separation, of the existing and proposed land surface, of
                   the cellar and the first floor, and sewage disposal facilities;

                   (c) Test boring of sufficient depth to show location of peat, hardpan and other impervious material, and such
                   percolation tests as are necessary.

                   (2) Copies of the application shall be delivered by the applicant to the Board of Health, the Building Inspector, the
                   Planning Board, and the Conservation Commission, who shall advise the Board of Appeals. No building permit shall
                   be issued and no excavation or filling shall take place until the Board has issued a permit under this section or 90
                   days have elapsed after the receipt of the application without action thereon.

                   E. The Board shall issue a permit under this section if it finds that the proposed use of the premises will not
                   endanger the health, safety, and welfare of the occupants of the development, of the floodplain, or of the public, as
                   defined above, or it may issue a permit with such conditions as it deems necessary to protect health and safety or
                   provide proper flood control or protection, or it may deny the application. The burden of showing that the proposed
                   development will not endanger health, safety, or welfare of occupants or the general public, wherever the effects of
                   said development may be felt, shall rest upon the developer, who shall provide such engineering and hydrological
                   data as is reasonably necessary. The Board shall, as a condition of approval, require that effective notice be given to
                   prospective purchasers, by signs or otherwise, of past flooding of said premises, the steps undertaken by the
                   petitioner or his successor in title to alleviate the effects of the same, and the availability or unavailability of flood
                   insurance for said property. Without limiting the generality of the foregoing, the Board shall ensure:

                   (1) That the floor level of areas to be occupied by human beings as living or working space shall be at an elevation
                   of at least three feet above the floodplain level, that the foundation footings or cellar level shall be at least four feet
                   above the water table as measured in April or May of the year, that furnaces and utilities are protected from the
                   effects of flooding, and that the structure will withstand the effects of flooding in accordance with the Building Code.

                   (2) That the construction, use and/or change of grade of the proposed structures and their access roads will not
                   obstruct or divert flood flow, reduce natural floodwater storage capacity, or increase stormwater runoff velocity so
                   that water levels on other land are raised or danger from flooding increased.




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                   (3) That safe means of vehicular and pedestrian escape are provided in the event of flooding to the elevation of the
                   floodplain.

                   (4) That the proposed methods of drainage and sewage disposal will not cause pollution or endanger health, in the
                   event of flooding.

                   (5) In the floodway, designated on the Flood Boundary and Floodway Map, all encroachments, including fill, new
                   construction, substantial improvements to existing structures and other development, are prohibited unless
                   certification by a registered professional engineer is provided by the applicant demonstrating that such
                   encroachment shall not result in any increase in flood levels during the occurrence of the one-hundred-year flood.

                   F. Nothing contained in this section shall limit the authority of the Board of Health with respect to premises in the
                   Floodplain District or affect the applicability of the Building Code to any building in the Floodplain District.

                   G. The Board of Appeals shall refer to each of the reports submitted by the Board of Health, the Building Inspector,
                   the Planning Board, and the Conservation Commission in review of the developer's application, for evaluation of the
                   potential hazard of the proposed development to the health, safety, and welfare of occupants and the general public.
                   The Board of Appeals should consider concurrence of the above board or officials as necessary prior to approving
                   any applications.

                   H. The Floodplain District is described on a map entitled "Zoning Map of Townsend, Massachusetts," dated May 25,
                   1982 subtitled "Flood Insurance Rate Maps and Flood Boundary and Floodway Maps," dated August 2, 1982, in the
                   numbered sheets 13 through 34 of the Zoning Maps of the Town of Townsend. The Floodplain District includes all
                   flood hazard areas designated as Zone A, A1-30 on the Townsend Flood Insurance Rate Maps and Flood Boundary
                   and Floodway Maps, dated August 2, 1982. [Amended 1-17-1989 STM by Art. 41]

                   I. All wetlands, as shown on the map as described in Subsection H will be treated and considered as floodplain for
                   the purpose of this Bylaw.

                   J. Within Zone A on the Townsend Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, where
                   the base flood elevation is not provided, the applicant shall obtain any existing base flood elevation data and it shall
                   be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation of flood proofing
                   requirements, as appropriate, of the State Building Code.

                   § 145-46. Earth removal. [Amended 5-7-1986 STM by Art. 1; 1-17-1989 STM by Arts. 20 and 42]

                   A. No person, firm or corporation shall excavate any amount of soil, rock, sod, loam, peat, humus, clay, sand, earth,
                   gravel or other minerals or materials from any land within the Town without first obtaining a permit from the special
                   permit authority (SPA) of the Town as provided in the following sections. Special permit application forms shall be
                   obtained from the Board of Appeals.

                   B. The SPA under this bylaw shall be the Board of Appeals. Permits shall only be granted in accordance with the
                   procedure for notice hearings, decisions and appeals set forth in MGL c. 40A, §§ 9 and 11. Any permit granted
                   hereunder shall lapse within one year if substantial use has not sooner commenced except for good cause proven to
                   the SPA.

                   C. A permit shall not be required under this bylaw for the following types of excavation:

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

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

                   (3) Excavation in the normal use of a cemetery;

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

                   (a) The depth of excavation shall not be increased below the grade of the lowest point excavated on the effective
                   date of this bylaw or as previously permitted, whichever is greater;

                   (b) The total horizontal area of excavation of an active earth removal operation shall be contained within the property
                   limits of such operation on the effective date of this bylaw or as previously permitted, whichever is greater.




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                   D. An application for an earth removal special permit shall be in writing and shall contain an accurate description of
                   the portion of land in which the excavation will take place, shall state fully the purpose of the excavation, shall
                   include any fees as determined, from time to time by the Board of Appeals, and shall include plans drawn by a
                   registered surveyor or engineer, at a scale of one inch equals 40 feet, or as determined appropriate, containing the
                   following information:

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

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

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

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

                   (5) Erosion and sediment control plan;

                   (6) The amount and cost of proposed restoration materials;

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

                   E. The SPA shall require as a condition to the granting of the special permit that the applicant shall furnish a
                   performance bond or other security satisfactory to the SPA sufficient to ensure satisfactory performance of the
                   requirements of this bylaw and such other conditions as may be imposed in the permit. No performance bond or
                   other security shall be released in full or in part unless and until the Board of Appeals is satisfied that all the
                   conditions of the special permit have been satisfied including all of the requirements of Subsections I and J.

                   F. The SPA shall exercise its powers with due regard to:

                   (1) The health, safety and general welfare of the inhabitants of the Town;

                   (2) Detriment to the neighborhood, including impact of traffic flow;

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

                   G. The SPA may impose on any permit conditions including but not limited to conditions upon methods of removal,
                   type and location of structures, fencing, hours of operation, area, location and depth of excavation, steepness of
                   slopes, drainage, disposition of boulders and stumps, restoration and planting.

                   H. Every special permit shall contain the condition that inspection of the operation may be made at any reasonable
                   hours by an agent of the SPA to determine if conditions of the special permit are being enforced.

                   I. The following standards of operation shall apply to every permitted operation, in addition to conditions imposed
                   under Subsection G:

                   (1) No excavation not intended for approved building purposes nor any other activity or building will be within 100
                   feet, measured horizontally, of an existing public way or an adjacent property line.

                   (2) No excavation not intended for approved building purposes nor other activity or building shall be within 100 feet,
                   measured horizontally, of a stream, pond, wetland as defined under MGL c. 131, § 40, or the one-hundred-year flood
                   elevation of any water body, except where some other Town agency has specifically ordered such excavation as
                   part of a compensatory storage plan.

                   (3) No area shall be excavated so as to cause accumulation of freestanding water unless the SPA shall permit
                   creation of a pond in an area not used for drinking water. Permanent drainage shall be provided in accordance with
                   good conservation practices. Drainage shall not lead directly into streams or ponds.

                   (4) No earth or gravel shall be removed closer to the maximum high water table than seven feet. However, upon
                   receipt of a special permit from the Board of Appeals, this depth to maximum high water table may be decreased to
                   four feet provided that the Board of Appeals determines that based upon soils, groundwater flows, materials to be




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                   removed and any requirements that they may impose, such decrease in depth removal shall not be deemed to
                   adversely affect the intent or purpose of this or other sections of the Townsend Zoning Bylaw. In determining the
                   effect upon the Town of Townsend of increased earth or gravel removal, the Board of Appeals may require the
                   applicant to submit a complete hydrologic report, prepared by an individual or company selected by the applicant
                   and approved by the Board of Appeals. All costs incurred shall be borne by the applicant. Said hydrological report
                   shall present in detail findings relative to soils by type, groundwater direction and velocity, geologic logs describing
                   any lines of fine material and water table depth of the subject property. The SPA may restrict the use of lands
                   excavated to four feet of the high water table and set conditions on the further and future use of said land. All
                   restrictions and conditions established by the SPA shall be noted as part of the special permit which shall be
                   recorded with the property deed at the Middlesex County Registry of Deeds. Specific land use restrictions and/or
                   conditions may be amended from time to time by the Board of Appeals should future circumstances warrant such
                   amendment. Any amendment to said special permit shall require a public hearing and a decision-making procedure
                   as established by MGL c. 40A, § 9.

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

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

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

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

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

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

                   J. Every permit shall further state that restoration shall be carried out according to the plans submitted, conditions
                   of special permit, and the following minimum conditions:

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

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

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

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

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

                   K. No special permit shall be issued for an initial period of more than three years. The SPA may in its discretion
                   extend a special permit beyond the initial period (but not to exceed three years per extension), but no such special
                   permit shall be issued unless the applicant has conformed to all requirements of the special permit.

                   L. The SPA may revoke any special permit which it has issued for good cause, provided that it shall offer to the
                   operator an opportunity for a hearing within seven days after the revocation.




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                   § 145-47. Open space multifamily development (OSMD). [Added 4-25-1989 ATM by Art. 25]

                   A. Purpose. In order to provide for the public interest by the preservation of open space in perpetuity, variety in
                   residential housing which allows for development more harmonious with natural features and to promote the
                   maximum possible protection of open space, visual quality, and watershed protection, and to encourage efficient
                   provision of necessary utilities and community services, the following requirements are established for open space
                   multifamily development within the Town of Townsend. In making any and all determinations under this bylaw, the
                   Planning Board shall always compare the impact of an open space development with potential conventional
                   development, and may approve open space development only if the proposal is superior to a conventional
                   development. The Planning Board shall be guided by the findings and recommendations of the Townsend Open
                   Space Plan and Townsend's Housing Policy, as amended.

                   B. Applicability. Open space multifamily development shall be allowed within RA and RB Zoning Districts subject to
                   the requirements of the Zoning Bylaw for those districts, and in accordance with the additional requirements
                   specified herein.

                   C. General requirements.

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

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

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

                   D. Permitted uses.

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

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

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

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

                   (5) Recreational facilities for OSMD purposes.

                   E. Minimum requirements.

                   (1) Density. The total area of the tract proposed for OSMD must be able to contain 10 dwelling units. The total
                   number of dwelling units allowable on a site proposed for OSMD shall not exceed the number of units that would be
                   allowed in the zoning district in which the site is located. The burden of proof shall be upon the applicant in
                   determining the allowable number of dwelling units. The total number of units allowed shall be determined by the
                   following method: layout by a preliminary sketch plan showing the total number of lots which could be obtained by
                   utilizing a conventional grid subdivision of detached one-family dwelling units. The Planning Board may require
                   information to substantiate the validity of the preliminary sketch plan. Where available, medium intensity soil survey
                   maps, such as those available from the USDA Natural Resource Conservation Service, shall be provided.
                   Furthermore, the SPGA may require the applicant to provide or pay for the creation of more detailed, high-intensity
                   maps or other data, if there is any indication of ledge, shallow soils, or other indication that the lots shown on the
                   conventional plan may not be buildable as a practical matter. The applicant shall also provide financial data, based
                   on the known data, including current housing prices and reasonable inflation and population projections,
                   demonstrating that the conventional subdivision is financially viable, and could be completed and sold within the
                   same time frame planned for the open space proposal. [Amended 5-2-2000 ATM by Art. 39]

                   (a) The plan shall show all wetlands along with potential sites for homes; and if individual septic systems and/or
                   wells for drinking water would be necessary to serve the homes, then also the location of a subsurface sewage
                   disposal system and/or well on each lot. [Added 5-2-2000 ATM by Art. 38]

                   (b) The applicant shall submit data proving that adequate provision for sanitary sewage can be provided to each lot
                   in the conventional subdivisions. If individual septic systems would be necessary to serve the homes, then the
                   following data must be included: [Added 5-2-2000 ATM by Art. 38]




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                   [1] Records of all soil tests performed on the site, whether or not performed by or on behalf of the applicant, on file
                   with the Board of Health and the Nashoba Associated Boards of Health.

                   [2] Soil test data meeting the requirements of the Board of Health which show that a subsurface sewage disposal
                   system conforming with all current state and local requirements could be installed on each lot in the conventional
                   subdivision.

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



                                              Table of Minimum Requirements
                                                  Zoning District RA, RB
                          Single-Family Dwellings
                                               With Town Water      Without Town Water
                          Minimum lot area     20,000 sq. ft.       48,000 sq. ft.
                          Minimum lot frontage 35 ft.               35 ft.
                          Two-Family Dwellings
                                               With Town Water      Without Town Water
                          Minimum lot area     30,000 sq. ft.       60,000 sq. ft.
                          Minimum lot frontage 35 ft.               35 ft.
                          Apartment/Multifamily Dwellings
                                               With Town Water      Without Town Water
                          Minimum lot area     48,000 sq. ft.       80,000 sq. ft.
                          Minimum lot frontage 35 ft.               35 ft.


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

                   (a) The development will not cause unreasonable traffic congestion or unsafe conditions both within and outside of
                   the development and will comply with Town standards for parking, access, road design and construction.

                   (b) The development will provide for and maintain convenient and safe emergency vehicle access to all buildings
                   and structures at all times.

                   (c) The nature of the soils and subsoils shall be suited for the intended purposes. This determination shall focus
                   upon, but shall not be limited to, the location, design and construction of roadways, buildings, septic systems and
                   surface water drainage systems. Soil borings or test pits may be made to provide information on soil texture, color,
                   percolation rates and depth to the groundwater table at its maximum elevation.

                   (d) Anticipated stormwater runoff from the site shall not exceed peak runoff from the site prior to development. The
                   applicant shall submit formal drainage calculations by a registered professional engineer for this purpose.

                   (e) Proper soil erosion and sedimentation control measures shall be employed to minimize sedimentation and
                   siltation of existing surface water bodies and wetlands. In areas where the land slopes downward toward any
                   surface water body, or freshwater wetland, proposed filling, cutting, clearing, or grading shall be minimized and all
                   such development activities shall be carried out in such a way as to retain the natural vegetation and topography
                   wherever possible. The Planning Board may require that an erosion and sedimentation control plan be submitted if
                   significant erosion is anticipated in slope areas.

                   (f) The site design shall preserve and, where possible, enhance the natural features of the property, including
                   scenic views, by adapting the location and placement of structures and ways to the existing topography in order to
                   minimize the amount of soil removal, tree cutting and general disturbance to the landscape and surrounding
                   properties.

                   (g) The development shall comply with all other provisions of the Subdivision Rules and Regulations of the Planning
                                                                                                                            [ix]EN
                   Board and any other land use regulations of the Town of Townsend in effect at the time of application.




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                   (h) The Planning Board may require, at the project proponent's expense, a qualified firm or firms to evaluate the
                   technical information presented to the Planning Board.

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

                   (a) Building elevations;

                   (b) Schedule of exterior materials;

                   (c) Any other pertinent information the Planning Board deems appropriate.

                   F. Open space use and design standards.

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

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

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

                   (a) Naturally existing woods, fields, meadows and wetlands shall be maintained and improved in accordance with
                   good conservation practices.

                   (b) Common open space shall be planned as large, contiguous units whenever possible. Strips or narrow parcels of
                   common open space shall be permitted only when necessary for access or as vegetated buffers along the site's
                   perimeter.

                   (c) No more than 20% of the common open space shall be covered by man-made impervious surfaces.

                   (d) Common open space may be used for active and passive recreation, conservation, forestry, agriculture, natural
                   buffers, structures and utilities necessary to the aforementioned uses subject to approval by the Planning Board
                   acting with due regard to the open space plan.

                   (e) There shall be a minimum setback of 50 feet between any common open space structures and all property lines
                   of the site.

                   G. Common open space ownership and management.

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

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

                   H. Duration of approval. Notwithstanding anything to the contrary in this § 145-47, any special permit granted by the
                   Planning Board for an OSMD shall become void within two years from the date of issue, which two years shall not
                   include time required to pursue or await determination of an appeal referred to in § 17 of MGL c. 40A, unless any
                   substantial part of the proposed construction work shall have been performed or has proceeded in good faith
                   continuously to completion, except for a good cause. All open space shall be dedicated at the time the special
                   permit, as required, has been granted. If at any time before, during, or after construction of the proposed
                   development unforeseen conditions make it necessary or preferable to modify the project as described in the




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                   approved definitive OSMD application, the Planning Board may authorize such modifications provided that they are
                   within the spirit of the original proposal and comply with this section. All the provisions of MGL c. 40A, § 9, including
                   the requirements of public hearing, shall be applicable to proceedings under this section.

                   § 145-48. Affordable housing conditional density bonus. [Added 4-25-1989 ATM by Art. 33]

                   A. Purpose and authority. This section is adopted pursuant to MGL c. 40A, § 9 in order to encourage various
                   housing types for persons of various ages and income levels and create affordable housing, to help people who
                   have lived and worked in Townsend and have been unable to obtain suitable housing at a reasonable price, and to
                   maintain a stable economy by preventing the out migration of lower income groups who provide essential services.
                   The Planning Board may issue a special permit which allows an increase in density through a partial relaxation of
                   requirements of this bylaw but only in conjunction with procedures described in § 145-39, Open space preservation
                   development, and § 145-47, Open space multifamily development, and shall require that a minimum of 30% of all
                   units developed on the site be sold and maintained at affordable prices, according to the standards contained in
                   Subsection C below. The Planning Board may not allow an increase in density beyond one total dwelling unit per
                   acre. As a further incentive for the construction of affordable housing, the Board may, in its discretion, waive certain
                                                                                                        [x]
                   improvement requirements set forth in the Townsend Subdivision Rules and Regulations. EN



                   B. Definitions.

                   AFFORDABLE HOUSING DEVELOPMENT -- A project requiring approval under this section.
                   AFFORDABLE HOUSING UNITS -- Units which may be purchased or rented by those who meet the guidelines for maximum
                   annual income for a low-income or moderate-income family. Low-income families shall have an income between 50% and 80%
                   of the Townsend median income, and moderate-income families shall have an income between 80% and 120% of the Townsend
                   median income. Affordability means that housing costs for a family shall not exceed 30% of their gross annual income in the
                   previous calendar year. Housing costs include:

                   (1) For homeowners: payments for principal and interest on a mortgage, real estate taxes, homeowner's insurance,
                   and condominium fees, if any; or

                   (2) For renters: rent including heat but not other utilities. In determining median income, the most recent data
                   available from the Massachusetts Housing Partnership Program shall be used.

                   DESIGN STANDARDS -- Specific design standards for construction within the plan shall be made part of the special permit
                   and will be used to ensure conformity and compatibility between units. Other requirements for design shall be as required under
                   §§ 145-39 and 145-47 of the Zoning Bylaw, and applicable sections of the Townsend Subdivision Rules and Regulations.
                   MODIFICATION OF STANDARDS -- The minimum requirements of §§ 145-39E and 145-47E of the Townsend Zoning
                   Bylaw may be modified upon a finding by the Board that such modification creates no adverse impacts on health, safety and
                   welfare, and is found to be in the public interest because of the high quality of design that would result, and does not derogate
                   from the intent of this bylaw.
                   NUMBER OF AFFORDABLE UNITS -- The number of units allowed in excess of that permitted by underlying zoning will be
                   subject to negotiation with the Planning Board and will be determined with due regard to the project approval requirements of
                   this bylaw. In no case shall the maximum density increase beyond one total dwelling unit per acre.
                   PHASING -- A schedule of construction must be submitted providing the timely delivery of the affordable units.
                   SALE PRICE -- The sale price for the affordable units will be determined by reference to the most recent Massachusetts
                   Housing Finance Agency (HOP) figures depicting the ability to purchase of target groups whose income is approximately 50%
                   to 120% of the Town of Townsend median income figures. [Amended 12-4-1990 STM by Art. 8]

                   C. Applicability. Density increases associated with the creation of affordable housing shall be allowed only within
                   open space preservation developments, § 145-39 and open space multifamily developments, § 145-47.

                   D. Application requirements. Preliminary plan applications for proposed cluster residential developments are to be
                   made to the Planning Board according to §§ 145-39 and 145-47 of the Townsend Zoning Bylaw. In addition to those
                   requirements noted in §§ 145-39 and 145-47, a statement as to how the proposal conforms to the purposes and
                   objectives of this bylaw shall be required for such preliminary submittals.

                   E. Site plan review.

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

                   (2) Applicability. Any affordable housing development which would, under the parking requirements, Article VIII,




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                   require five or more parking spaces, regardless of the number of parking places existing on the premises, shall be
                   subject to the § 145-42, Site plan review;

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

                   F. Project approval requirements. The Planning Board will review all projects and will recommend approval of the
                   special permit if, in the Board's sole discretion:

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

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

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

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

                   G. Long-term affordability.

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

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

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

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

                   § 145-49. Transfer of development rights (TDR). [Added 4-25-1989 ATM by Art. 38]

                   A. Eligibility. Any owner of a lot or lots shown on a plan duly recorded at the Registry of Deeds shall be eligible to
                   apply for a special permit to transfer a portion or all of the development rights on said lot or lots (hereinafter called
                   "donor lots") to a different location (hereinafter called "receiving district") to be included as part of a subdivision
                   requiring approval under MGL c. 41, the Subdivision Control Law, provided that the following requirements are met:

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

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




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

                   B. Donor districts. Donor districts shall consist of:

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

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

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

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

                   C. Receiving districts. Receiving districts shall consist of all land currently zoned RA or RB, except that receiving
                   districts shall not include any land noted in Subsection B(1), (2), (3) or (4).

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

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

                   D. Transferred development rights credits. Lots within donor districts shall be eligible to transfer their development
                   rights to a receiving district. The assignable credit for the donor lot shall be 1.2 per buildable lot. Fractions of lots
                   shall not be counted.

                        Example: Ten lots within an RA donor district are transferred under this bylaw to an RB parcel within a
                       receiving district. The RB parcel has suitable acreage under the provisions of the Land Space Requirements
                       Table of the Zoning Bylaw for 20 lots. However, the transfer of 10 lots from the RA District to the RB District
                       entitles the RB landowner to a two-lot bonus. Thus, the total number of lots possible in this example for the
                       RB receiving district would be 32:
                       10 x 1.2 =        12 from RA donor district
                                         +20 from RB district
                                         32 total potential lots


                   E. Special permit granting authority. The special permit granting authority for a transfer of development rights
                   special permit shall be the Planning Board. The provisions of MGL c. 40A, §§ 9 and 11 and § 145-65 of the
                   Townsend Zoning Bylaws shall apply to all special permits issued under this section.

                   § 145-50. Subdivision phasing. [Added 4-25-1989 ATM by Art. 59]

                   A. Applicability. Any provisions in this bylaw to the contrary notwithstanding, division of land into more than 25 lots
                   in any twelve-month period shall be subject to the following regulations and conditions set forth herein.

                   B. Requirements. Whenever a new lot or lots are formed from a part of any other lot or lots, the assembly or
                   separation shall be effected in such a manner as to conform with the requirements of this bylaw and shall be in
                                                                                                             [xi]EN
                   accordance with the Subdivision Rules and Regulations of the Town of Townsend.




                   C. Division of land limitations. The division of a parcel or combined adjacent parcels of land in any zoning district
                   shall not exceed 25 lots if resulting from division or combination of properties in any twelve-month period. This
                   provision shall apply to all subdivision of land within the Town of Townsend even if approval under the Subdivision
                   Control Law (MGL c. 41, §§ 81L and 81P) is not required.

                   D. Exceptions.




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

                   (a) The owner of said land covenants with the Planning Board that he will not build upon more than 25 lots in any
                   twelve-month period. Said twelve-month period shall commence on the date of endorsement by the Planning Board.
                   The covenant shall identify the lots that may be built upon in each twelve-month period. The covenant shall be
                   recorded with all other pertinent documents with the definitive plan;

                   (b) The owner of said land applies for and receives a special permit from the Planning Board in accordance with
                   MGL c. 40A, §§ 9 and 11 to divide greater than 25 lots in any twelve-month period. The Planning Board shall grant a
                   special permit for such division only if the Board determines that the probable benefits to the Town outweigh the
                   probable adverse effects resulting from granting such permit.

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

                   E. Uncompleted development rights granted by Subsection D(1)(a) may be carried forward to subsequent periods,
                   but said carry forward shall not exempt nor exceed the covenant not to build on more than 25 lots in any
                   twelve-month period.

                   F. Zoning change protection. Lots whose development has been subject to the covenant as provided for in
                   Subsection D(1)(a) of this bylaw shall be governed by the applicable provisions of the Zoning Bylaw in effect at the
                   time of the plan or plans endorsement by the Planning Board and for a period equivalent to that provided for by MGL
                   c. 40A, § 6, except, however, the statutory protection afforded by MGL c. 40A, § 6, shall not commence until the lot
                   or lots qualify for construction according to the terms of the covenant noted in Subsection D(1)(a) of this bylaw.

                   § 145-51. Telecommunication and cellular towers. [Added 4-29-1997 ATM by Art. 46]

                   A. Purpose. The purpose of this bylaw is to establish general guidelines for the siting of wireless telecommunication
                   towers and facilities. The goals of this bylaw are: to minimize the adverse visual impacts of towers; to avoid damage
                   to adjacent properties; to lessen impact on surrounding properties; to lessen impact on traffic; to encourage the
                   location of towers on municipal land; to minimize the number of towers throughout the community; to require the
                   co-location of new and existing tower sites; to encourage users of towers and facilities to locate them, to the extent
                   possible, in areas where the adverse impact on the community is minimal; to encourage users of towers and
                   facilities to configure them in a way that minimizes the adverse visual impact of towers and facilities; and to make
                   available all wireless telecommunication tower locations to local municipal agencies.

                   B. Permitting. No telecommunication or cellular tower may be erected without first obtaining a special permit from
                   the special permit granting authority (SPGA). The SPGA under this bylaw shall be the Planning Board. Permits shall
                   only be granted in accordance with the procedure for notice hearings, decisions and appeals set forth in Townsend
                   Zoning Bylaw § 145-42 and MGL c. 40A, §§ 9 and 11. Any permit granted hereunder shall lapse within one year if
                   substantial use has not commenced unless satisfactory reasons have been proven to the SPGA.

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

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

                   (3) Amendments of existing special permits shall only require such additional information as pertains to the
                   proposed changes and information pertaining to changes in the information provided for the existing special permit.
                   [Added 1-4-2000 STM by Art. 14]

                   (4) Renewals of existing special permits under this bylaw shall not require the resubmission of items specified by
                   § 145-42D and Subsection C of this section unless there has been a substantive change in the information or
                   conditions from that used for the existing special permit, and provided further that a complete application for renewal
                   of the special permit is submitted prior to the expiration of the existing special permit. [Added 1-4-2000 STM by Art.
                   14]

                   C. Application. An application for a special permit under this bylaw shall be filed utilizing the forms and procedures
                   described in § 145-42 (site plan review special permit) of the Townsend Zoning Bylaw. In addition to the




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                   requirements of § 145-42, the following shall also apply:

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

                   (a) Tower location, including guy wires, if any, and tower height.

                   (b) Topography.

                   (c) Other feasible sites, including existing sites, if any.

                   (d) Fencing and landscaping.

                   (e) Access and parking.

                   (f) Lighting.

                   (g) Areas to be cleared of vegetation and trees.

                   (h) Site boundaries.

                   (i) Abutters.

                   (j) Eight view lines in a one-mile radius from the site, shown beginning at true North and continuing clockwise at
                   forty-five-degree intervals.

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

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

                   (a) Describe the tower and the technical, economic and other reasons for the tower design, and the need for the
                   tower at the proposed location.

                   (b) Demonstrate that the tower complies with all applicable standards of the federal and state governments.

                   (c) Describe the capacity of the tower including the number and type of transmitter receivers that it can
                   accommodate and the basis for the calculation of capacity.

                   (d) Demonstrate that the tower and site comply with this regulation.

                   (e) Describe the wireless telecommunications provider's master antenna plan, including detailed maps, showing the
                   precise locations, characteristics of all antennas and towers and indicating coverage areas for current and future
                   antennas and towers.

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

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

                   D. Approval. A site plan review special permit shall be granted by the Planning Board in accordance with (MGL)
                   Massachusetts General Law and the provisions of this bylaw relative to special permits. Any extension, addition of
                   cells or construction of new or replacement towers or transmitters shall be subject to an amendment to the special
                   permit, following the same procedure as for an original grant of a special permit.

                   E. Location and site requirements. The tower and its appurtenances shall be located in accordance with the
                   Federal Communication Commission (FCC) and the Federal Aviation Administration (FAA) regulations in effect at
                   the time of construction and further, that the operation shall comply with all requirements of these agencies during
                   the entire period of operation. In addition, the tower and its facilities shall be located within the Town of Townsend as
                   follows:




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

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

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

                                                                                                  [xii]EN
                   (4) Irrespective of the requirements of the Land Space Requirements Table,



                       the setback from property lines shall be a minimum of a distance at least equal to the height of the tower.

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

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

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

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

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

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

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

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

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

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

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

                   (a) The time and method of clearing rights-of-way should take into account soil stability, the protection of natural
                   vegetation, the protection of adjacent resources, such as the protection of natural habitat for wildlife, and appropriate
                   measures for the prevention of silt deposition in watercourses.

                   (b) Clearing of natural vegetation should be limited to that material which poses a hazard to the tower.

                   (c) The use of "brush blades" instead of dirt blades on bulldozers is recommended in clearing operations where such
                   use will preserve the cover crop of grass, low growing brush or other vegetation.

                   (d) Areas should be cleared only when necessary to the operation, maintenance, and construction of the tower.

                   F. Development requirements. Visual impacts of the tower shall be minimized.

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




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                   (2) All towers shall be monopole in type.

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

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

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

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

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

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

                   G. Conditions of use. Any tower or facility that is not operated for a continuous period of 12 months shall be
                   considered abandoned. The owner of such tower and facility shall remove the same within 90 days of receipt of
                   notice from the governing authority notifying the owner of such abandonment.

                   H. Performance guaranties.

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

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

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

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

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

                   I. Exemptions. Exempted under this bylaw are private, noncommercial amateur radio operator (HAM) radio or CB
                   towers used in accordance with the terms of any amateur radio service license issued by the Federal
                   Communications Commission (FCC). These towers are still subject to the following conditions:

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

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

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

                   J. Waivers.

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

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

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

                   (4) The Planning Board will grant requests for waivers only upon a four-fifths majority vote. Each request shall be




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                   voted on separately. The applicant shall have the right to withdraw the request at any time prior to the actual vote.
                   Once a request for a waiver is withdrawn it may not be presented again for a period of year.

                   (5) Requests for more than three waivers, including, in the case of an amendment or renewal, any waivers
                   previously granted for the existing or any predecessor permits, will indicate to the Planning Board the following:
                   [Amended 1-4-2000 STM by Art. 14]

                   (a) The site is inadequate for the proposed use.

                   (b) The site plan is incomplete.

                   K. Invalidation. If any portion of this bylaw is declared to be invalid, the remainder shall continue to be in full force
                   and effect.

                   § 145-52. Outdoor lighting. [Added 4-29-1997 ATM by Art. 45]

                   A. Purpose. This bylaw is intended to reduce the problems created by improperly designed and installed outdoor
                   lighting. It is intended to eliminate glare, minimize light trespass and sky glow, reduce energy use of outdoor lighting
                   by limiting the area that certain outdoor lighting fixtures can illuminate in the Town of Townsend.

                   B. Definitions. For the purposes of this bylaw, terms used shall be defined as follows:

                   DIRECT LIGHT -- Light emitted directly from the lamp, off of the reflector or reflector diffuser or through the refractor or
                   diffuser lens of a luminaire.
                   FIXTURE -- The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a
                   mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, or a refractor or lens.
                   FLOOD OR SPOT LIGHT -- Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output
                   into a directed beam in a particular direction.
                   GLARE -- Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and in extreme
                   cases causing momentary blindness.
                   HEIGHT OF LUMINAIRE -- The vertical distance from the ground directly below the center line of the luminaire to the lowest
                   direct light emitting part of the luminaire.
                   LAMP -- The component of a luminaire that produces the actual light.
                   LIGHT TRESPASS -- The shining of light produced by a luminaire beyond the boundaries of the property on which is it
                   located.
                   LUMEN -- A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this bylaw the lumen
                   output values shall be the initial lumen output ratings of a lamp.
                   LUMINAIRE -- A complete lighting system including a lamp or lamps and a fixture.
                   OUTDOOR LIGHTING -- The illumination of an outside area or object by any man-made device located outdoors that
                   produces light by any means.
                   TEMPORARY OUTDOOR LIGHTING -- The specific illumination of an outside area or object by any man-made device
                   located outdoors that produces light by any means for a period of less than seven days with at least 180 days passing before the
                   device is used again.

                   C. Regulations. All luminaires for private outdoor lighting installed in the Town of Townsend shall be in conformance
                   with the requirements established by this bylaw.

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

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

                   D. Exceptions.

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

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

                   (3) All temporary lighting needed by the Police Department, Fire Department or other emergency services as well




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                   as all vehicular luminaires shall be exempt from the requirements of this bylaw.

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

                   E. Nonconforming temporary outdoor lighting. Nonconforming temporary outdoor lighting may be permitted for a
                   period of up to seven days upon issuance of a temporary lighting permit by the Building Inspector.

                   F. Outdoor recreational facilities. Illumination of outdoor recreational facilities (public or private), such as, but not
                   limited to, football fields, soccer fields, baseball fields, softball fields, or tennis courts, shall not occur after 11:00
                   p.m., except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented
                   concluding before 11:00 p.m.

                   G. Effective date and grandfathering of nonconforming luminaires:

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

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

                   H. Violations, legal actions and penalties.

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

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

                   I. Invalidation. If any portion of this bylaw is declared to be invalid, the remainder shall continue to be in full force
                   and effect.

                   § 145-53. Adult use establishments. [Added 9-9-1997 STM by Art. 8]

                   A. Purpose. It is the intent and purpose of this bylaw to regulate adult use establishments to promote the health,
                   safety and general welfare of the citizens of Townsend and to guard against adverse secondary effects on the
                   population of the Town. Furthermore, it is the intent and purpose to establish reasonable and uniform regulations to
                   prevent any deleterious location and concentration of adult use establishments within the Town, thereby reducing
                   the adverse secondary effects from such adult use establishments. The provisions of this bylaw have neither the
                   purpose nor effect of imposing limitations or restriction on the content of any communicative materials. Similarly, it is
                   not the intent nor effect of this bylaw to restrict or deny access by adults to sexually oriented materials protected by
                   the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their
                   intended market. It is neither the intent nor effect of this bylaw to condone or legitimize the distribution of obscene
                   material.

                   B. Definitions.

                   ADULT BOOKSTORE -- An establishment having as a substantial or significant portion of its stock in trade, books,
                   magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to
                   sexual conduct or sexual excitement, or which is obscene matter or obscene visual material, as these terms are defined in MGL
                   c. 272, § 31 as amended.
                   ADULT CABARET -- A nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which presents or
                   conducts public showings of:

                   (1) Persons who appear in the state of nudity as defined in MGL c. 272, § 31 as amended; or

                   (2) Live performances which are characterized by an emphasis depicting anatomical areas specified as less than
                   completely and opaquely covered human genitals, pubic region, buttock and female breast below a point
                   immediately above the top of the areola, and human genitals in a state of sexual arousal; or relating to sexual
                   conduct or sexual excitement; or which is obscene matter or obscene visual material as these terms are defined in




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                   MGL c. 272, § 31 as amended; or

                   (3) Films, motion pictures, video cassettes, slides, photographic reproductions or any other visual media which are
                   characterized by the depiction or description of anatomical areas specified as above, or relating to sexual conduct or
                   sexual excitement or which is obscene matter or obscene visual material as these terms are defined in MGL c. 272,
                   § 31 as amended.

                   ADULT MOTION PICTURE THEATER -- An enclosed building for one or more patrons used for presenting material
                   (including, but not limited to, motion picture films, video cassettes, cable television, slides, or any other such visual media)
                   distinguished by an emphasis on matter or visual material depicting, describing, or relating to sexual conduct or sexual
                   excitement or which is obscene matter or obscene visual material as these terms are defined in MGL c. 272, § 31 as amended.
                   ADULT PARAPHERNALIA STORE -- An establishment having as a portion of its stock devices, objects, tools, or toys which
                   are distinguished by their association with sexual activity, including sexual intercourse, sexual conduct or sexual excitement or
                   which is obscene matter or obscene visual material as these terms are defined in MGL c. 272, § 31 as amended, but not
                   including contraceptives.
                   ADULT RETAIL ESTABLISHMENT -- An establishment having as a substantial or significant portion of its stock in trade,
                   books, magazines, pictures, periodicals, motion picture films, video cassettes, or coin-operated motion picture machines for sale,
                   barter or rental which are distinguished or characterized by their emphasis on "matter" or "visual material" depicting, describing
                   or relating to "sexual conduct," "obscene" matter, or which may be considered "obscene" as these terms are defined in MGL c.
                   272, § 31 as amended, or having for sale, rental or barter, any sexual devices including, but not limited to, devices depicting or
                   representing any part of the human anatomy, or any other device, primarily designed, promoted, or marketed for physical
                   stimulation, or the enhancement thereof, related to "sexual conduct" of any kind as this term is defined in MGL c. 272, § 31 as
                   amended, including any and all chemical products, other than prescription drugs, so designed, promoted or marketed.
                   ADULT USE ADVERTISEMENT SIGN -- An advertising sign or device which advertises an adult use establishment, adult
                   bookstore, adult video store, adult cabaret, adult paraphernalia store, or adult motion picture theater and/or advertises live
                   performances or the trade, rental or sale of material, distinguished by an emphasis on matter depicting, describing, or relating to
                   sexual conduct or sexual excitement or which is obscene matter or obscene visual material as these terms are defined in MGL c.
                   272, § 31 as amended.
                   ADULT USE ESTABLISHMENT -- Any adult bookstore, adult retail establishment or adult video store as defined below, or
                   any other establishment having a portion of its business activity, stock in trade, or other materials for sale, rental or display,
                   which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual conduct as
                   defined in MGL c. 272, § 31 as amended, including but not limited to the following: any adult cabaret, adult motion picture
                   theater or adult paraphernalia store as set forth below.
                   ADULT VIDEO STORE -- An establishment having as a substantial or significant portion of its stock in trade - for sale or rent
                   - motion picture films, video cassettes, and similar audio/visual media, which are distinguished or characterized by their
                   emphasis depicting, describing, or relating to sexual conduct or sexual excitement or which is obscene matter or obscene visual
                   material as these terms are defined in MGL c. 272, § 31 as amended.
                   OBSCENE ENTERTAINMENT -- All entertainment which may be considered "obscene" as this term is defined by MGL c.
                   272, § 31 as amended.
                   SUBSTANTIAL OR SIGNIFICANT PORTION -- The term "substantial or significant portion" as used herein shall mean any
                   of the following:

                   (1) Twenty percent or more of the business inventory or stock of merchandise for sale, rental distribution, or
                   exhibition during any period of time; or

                   (2) Twenty percent or more of the annual number of gross sales, rentals or other business transactions; or

                   (3) Twenty percent or more of the annual gross business revenue; or

                   (4) Twenty percent or more of the hours during which the establishment is open.

                   (5) Any advertising, promotion, or other representation in any quantity by such establishment, including but not
                   limited to newspaper, magazine, direct mail, or internet ads, that indicates that the establishment provides sexually
                   oriented entertainment, merchandise, paraphernalia, etc., by an establishment for which sexually oriented inventory
                   or stock in trade is less than 20% of the total inventory/stock in trade.

                   C. Zoning district.

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

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




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                   D. Special permits.

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

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

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

                   (a) Any numbered state highway.

                   (b) Religious institutions including churches, parish houses, and rectories.

                   (c) An establishment serving alcoholic beverages which are consumed on its premises.

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

                   (a) Another adult use establishment;

                   (b) Public or private nursery schools;

                   (c) Public or private day-care centers;

                   (d) Public or private kindergartens;

                   (e) Public or private elementary schools;

                   (f) Public or private middle or secondary schools;

                   (g) Playgrounds or parks;

                   (h) A hotel, motel, motor court or lodging house;

                   (i) An establishment selling alcoholic beverages;

                   (j) An establishment licensed under MGL c. 138, § 12;

                   (k) A municipal building or use;

                   (l) A cemetery;

                   (m) A commercial amusement center or park;

                   (n) A hospital or nursing home;

                   (o) An historic district as described in Chapter 54, Historic Districts, of the Town of Townsend General Bylaws.

                   (p) No permits shall be granted for an adult use establishment in an area otherwise properly zoned if the specific
                   location is within a fifteen-hundred-foot radius of an interstate highway ramp where said ramp intersects with a
                   Town, state, or private road.

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

                   (a) A residential zoning district or residence.

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

                   (a) Adult use establishments shall not be allowed within a building containing any other uses.

                   (b) No adult use establishment shall be located within 100 feet of a public or private way.

                   (c) The structure in which adult use establishments is open to the public shall be limited as follows: adult bookstore,
                   adult paraphernalia store, adult video store or similar adult use establishments shall not be open before 9:00 a.m.
                   nor later than 9:00 p.m.; adult motion picture theater, adult cabaret club and similar adult use establishments shall




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                   not be open before 4:00 p.m. nor later than 11:00 p.m.

                   (d) No adult use establishment may have visible from the exterior of the premises any flashing lights.

                   (e) At all times when an adult entertainment establishment is open for business, the entire area of the premises must
                   be continually illuminated to the degree of not less than one footcandle measured 30 inches from the floor except
                   those portions of the room covered by furniture.

                   (f) The sale, dispensing or consumption of alcoholic beverages is prohibited on a premises where an adult use
                   establishment exists.

                   (g) There shall be no more than one adult use establishment permit for up to 30,000 residents of Town as listed in
                   the latest federal census. A second adult use establishment permit shall not be issued until there are more than
                   30,000 residents in the Town as listed in the latest federal census.

                   (h) No adult use establishment permit shall be allowed to display for advertisements or other purpose, any signs,
                   placards or other like materials to the general public on the exterior of the building, or on the interior through glass or
                   other like transparent material.

                   (i) No one under the age of 18 years of age shall be allowed on the premises.

                   (j) Obscene merchandise or services shall not be available for use, rent, or sale.

                   (k) No one, including employees and patrons, shall be permitted on the premises while such person is unclothed or
                   in such state of attire as may be considered "nudity" as that term is defined in MGL c. 272, § 31, as amended,
                   except an entertainer hired by the owner thereof.

                   (l) For the first year of a new adult use establishment permit, two uniformed police officers shall be on duty, at the
                   expense of the owner, at any establishment where live entertainment takes place. At the end of this one-year period,
                   the number of uniformed police officers required shall be based upon a written recommendation to the Planning
                   Board by the Chief of Police. However, at no time shall there be less than one uniformed police officer on duty.

                   (m) No hostess or other employees or persons may mingle with the patrons, while such hostess or other person is
                   unclothed or in such state of attire as may be considered "nudity" as this term is defined in MGL c. 272, § 31, as
                   amended.

                   (n) No person shall be employed or permitted to perform an act or acts, or to simulate an act or acts of "sexual
                   conduct" or engage in any activity which may be considered causing or encouraging a state of "sexual excitement"
                   as defined in MGL c. 272, § 31, as amended.

                   (o) The permitted uses specifically exclude disseminating or offering to disseminate adult material or matter to
                   minors or suffering minors to view displays of such matter or material.

                   (p) Entertainers are required to remain in a designated area such as a stage during performances and are prohibited
                   from mingling with patrons during their performances.

                   (q) All entertainers shall register their "stage" name, legal name, social security number and address with the Town
                   of Townsend Chief of Police.

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

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

                   (a) Name, address, home and business telephone numbers and social security numbers of the legal owner(s) of the
                   establishment;

                   (b) Name, address, home and business telephone numbers and social security numbers of all persons having
                   lawful, equity of security interests in the establishment;

                   (c) Name, address, home and business telephone numbers and social security numbers of all manager(s), assistant
                   managers, and other supervisory personnel;




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                   (d) The number of proposed employees, including performers;

                   (e) Proposed security precautions, including fire suppression.

                   (f) Physical layout of the premises in a format established by the SPGA; but no less than a scale drawing by a
                   registered engineer or architect.

                   (g) The exact use(s) to be made of the premises.

                   (h) Any information that may be required to perform lawful background checks on any of the individuals listed above.
                   The SPGA is permitted but not required to have such checks performed.

                   (9) Term of permit.

                   (a) No special permit for the operation of an adult use establishment shall be issued for a period of greater than two
                   years.

                   (b) No adult use establishment may operate after the expiration of such special permit.

                   (10) Renewal.

                   (a) An application for renewal of a special permit for the operation of an adult use establishment must be made prior
                   to the expiration of the previously granted permit. Any application made after the expiration of the special permit
                   shall be treated as a new application.

                   (b) No adult use establishment may operate after the expiration of its special permit. Violations of this provision are
                   grounds for denial of renewal.

                   (c) For the purposes of renewal only, the following requirements of this Subsection D are waived if the relevant other
                   establishment, use, or way came into being after the issuance of the original special permit for operation of an adult
                   use establishment (where "original" means the most recent permit issued that was not a renewal).

                   [1] Subsection D(3)(b) and (c).

                   [2] Subsection D(4)(b), (c), (d), (g), (h), (i), (j), (l), (m), (n), (o) and (p), except that these provisions shall not be
                   waived if the other establishment is publicly owned or if any owner of the adult use establishment seeking the
                   renewal has any interest (equity or otherwise) in the other establishment.

                   [3] Subsection D(5)(a).

                   [4] Subsection D(6)(b).

                   E. Site plan review.

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

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

                   (3) Adult use establishments may be permitted under this section only on lots not less than three times the lot size
                                                                                                       [xiii]EN
                   required in the Industrial (ID) Zone per the Land Space Requirements Table.



                        However, in no case shall the lot be less than 135,000 square feet.

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

                   (5) Additional requirements.

                   (a) Appearance of buildings for adult uses shall be consistent with the appearance of buildings in similar (but not
                   specifically "adult") uses in Townsend, and shall not employ unusual color, graphics, lighting or building design which
                   would attract attention to the premises.




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                   (b) There shall be a minimum yard depth of 100 feet for front, rear, and side yards.

                   (c) There shall be a minimum 60 feet of landscape buffer of dense shrubbery on the rear, side and front yards as
                   prescribed by the Planning Board, specifically designed to minimize the impact of the adult use establishment on
                   abutting properties and the general public.

                   (d) No adult use establishment may have visible, from outside the establishment, any flashing or moving lights.

                   (e) The adult use advertisement sign may only be located on the building in which the adult use establishment is
                   operating. The sign may only contain the name of the adult use establishment and the hours of operation.

                   (f) No adult use establishment shall erect a freestanding sign, nor may any such establishment advertise on a
                   freestanding accessory sign.

                   (g) No adult use advertisement sign may contain any moving, flashing, or animated lights, or visible moving or
                   movable parts, or changeable type.

                   (h) Appropriate fencing to restrict public access to the adjacent properties is required.

                   (i) Lighting of the exterior of the building and parking lot to reduce congestion, improve public safety and increase
                   visibility for public safety is required, as specified by the Planning Board using criteria found in Town of Townsend
                   Zoning Bylaws § 145-52, Outdoor lighting.

                   (j) The parking area and all the driveways or other areas that accommodate vehicles must be paved as specified by
                   the Planning Board.

                   F. Noncompliance.

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

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

                   G. Severability. If any provision of this bylaw or the application thereof to any person or circumstance is held invalid,
                   such invalidity shall not affect other provisions of the bylaw, or the application of such other provisions which can be
                   given effect without the invalid provision or application thereof.

                   § 145-54. Groundwater Protection District. [Added 4-28-1998 ATM by Art. 33]

                   A. Purpose of district. The purpose of this Groundwater Protection District is to:

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

                   (2) Preserve and protect existing and potential sources of drinking water supplies;

                   (3) Conserve the natural resources of the Town; and

                   (4) Prevent temporary and permanent contamination of the environment.

                   B. Scope of authority. The Groundwater Protection District is an overlay district superimposed on the zoning
                   districts. The Groundwater Protection District shall be defined as the recharge areas - Zone I, Zone II, Zone III as
                   delineated on a map entitled "Groundwater Protection Overlay Map," dated April 1998, and in addition, the recharge
                   areas - Zone I, Zone II, Zone III as delineated on a map entitled "Zone II Delineation, Witches Brook Wells," dated
                   June 1999. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings
                   and new or expanded uses as set forth in Subsection F. Applicable activities or uses in a portion of one of the
                   underlying zoning districts which fall within the Groundwater Protection District must additionally comply with the
                   requirements of this district. Uses that are prohibited in the underlying zoning districts shall not be allowed in the
                   Groundwater Protection District. [Amended 5-2-2000 ATM by Art. 19]

                   C. Establishment and delineation of Wellhead Protection District. For the purposes of this district, there are hereby
                   established within the Town certain wellhead and groundwater protection areas, consisting of aquifers or recharge




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                   areas which are delineated on maps. These maps are identified in Subsection B. These maps are hereby made a
                   part of the Townsend Zoning Bylaw and are on file in the office of the Town Clerk. [Amended 5-2-2000 ATM by Art.
                   19]

                   D. Definitions. For the purposes of this section, the following terms are defined below:

                   AQUIFER -- Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable
                   water.
                   GROUNDWATER PROTECTION DISTRICT -- The zoning district defined to overlay other zoning districts in the Town of
                   Townsend and includes specifically designated recharge areas.
                   IMPERVIOUS SURFACE -- Material or structure on, above, or below the ground that does not allow precipitation or surface
                   water to penetrate directly into the soil.
                   MINING -- The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock.
                   POTENTIAL DRINKING WATER SOURCES -- Areas which could provide significant potable water in the future.
                   RECHARGE AREAS -- Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include
                   areas designated as Zone I, Zone II, or Zone III.
                   TOXIC OR HAZARDOUS MATERIAL -- Any substance or mixture of physical, chemical, or infectious characteristics posing
                   a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were
                   discharged to land or water in the Town of Townsend. Toxic or hazardous materials include, without limitation: synthetic
                   organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances
                   defined as toxic or hazardous under MGL c. 21C and 21E and 310 CMR 30.00, and also include such products as solvents and
                   thinners in quantities greater than normal household use.
                   ZONE I -- The four-hundred-foot protective radius around a public water supply well.
                   ZONE II -- The area of an aquifer which contributes water to a well under the most severe recharge and pumping conditions
                   that can be realistically anticipated (180 days of pumping at safe yield with no recharge from precipitation), as defined in 310
                   CMR 22.00, and as drawn on the maps identified in Subsection B. [Amended 5-2-2000 ATM by Art. 19]
                   ZONE III -- The land area beyond Zone II from which surface water and groundwater drain into Zone II, as defined in 310
                   CMR 22.00, and as drawn on the maps identified in Subsection B. [Amended 5-2-2000 ATM by Art. 19]

                   E. District boundary disputes. If the location of the district boundary in relation to a particular parcel is in doubt,
                   resolution of boundary disputes shall be through a special permit application to the Zoning Board of Appeals. Any
                   application for a special permit for this purpose shall be accompanied by adequate documentation. The burden of
                   proof shall be upon the owner(s) of the land to show where the bounds should be located. The Zoning Board of
                   Appeals will engage at the request of the owner(s), or at the discretion of the Zoning Board of Appeals, a
                   professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the
                   district with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation. The
                   determination of the location and extent of Zones II and III shall be in conformance with the criteria set forth in 310
                   CMR 22.00, in the DEP's Guidelines and Policies for Public Water Systems, and approved by the Department of
                   Environmental Protection.

                   F. Use regulations. These regulations shall not apply to existing structures or uses in the Groundwater Protection
                   District, but shall apply to any change of use or substantial extension of such use and to any new construction or
                   substantial expansion of existing buildings. In the Groundwater Protection District the following regulations shall
                   apply:

                   (1) Allowed uses.

                   (a) Zone I. Only uses related to the operation and maintenance of the public water supply are allowed in the Zone I
                   defined in 310 CMR 22.00.

                   (b) Zones II, III. The following uses are allowed within the remainder of the Groundwater Protection District, provided
                   that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

                   [1] Conservation of soil, water, plants, and wildlife;

                   [2] Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;

                   [3] Foot, bicycle and/or horse paths, and bridges;

                   [4] Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control,
                   supply and conservation devices;

                   [5] Maintenance, repair, and enlargement of any existing structure, subject to Subsection F(2), Prohibited uses, and
                   Subsection F(3), Uses and activities requiring a special permit.




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                   [6] Residential development, subject to Subsection F(2), Prohibited uses, and Subsection F(3), Uses and activities
                   requiring a special permit.

                   [7] Farming, gardening, nursery, conservation, forestry, harvesting, and grazing subject to Subsection F(2),
                   Prohibited uses, and Subsection F(3), Uses and Activities requiring a special permit.

                   [8] Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not
                   limited to, wells, pipelines, aqueducts, and tunnels.

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

                   (a) Landfills and open dumps as defined in 310 CMR 19.006;

                   (b) Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;

                   (c) Individual sewage disposal systems that are designed in accordance 310 CMR 15.00 to receive more than 110
                   gallons of sewage per quarter acre under one ownership per day, or 440 gallons of sewage on any one acre under
                   one ownership per day, whichever is greater, provided that:

                   [1] The replacement or repair of a system, which will not result in an increase in design capacity over the original
                   design, or the design capacity of 310 CMR 15.00, whichever is greater, shall be exempted;

                   [2] In cluster subdivisions the total sewage flow allowed shall be calculated based on the number of percable lots in
                   the entire parcel;

                   (d) Facilities that generate, treat, store, or dispose of materials as defined in this bylaw, Subsection D, toxic or
                   hazardous material, except for the following:

                   [1] Very small quantity generators as defined under 310 CMR 30.00;

                   [2] Household hazardous waste centers and events under 310 CMR 30.00;

                   [3] Waste oil retention facilities required by MGL c. 21, § 52A;

                   [4] Water remediation treatment works approved by DEP for the treatment of contaminated ground or surface
                   waters;

                   (e) Storage of liquid petroleum products, except the following:

                   [1] Normal household use, normal outdoor maintenance, and heating of a structure;

                   [2] Waste oil retention facilities required by statute, rule, or regulation;

                   [3] Emergency generators required by statute, rule, or regulation;

                   [4] Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters; provided that such
                   storage, listed in Subsection F(2)(e)[1] through [4] above, is in freestanding containers within buildings, or above
                   ground with secondary containment adequate to contain a spill the size of the container's total storage capacity.

                   (f) Storage of sludge and septage;

                   (g) Storage of de-icing chemicals, or mixtures, unless such storage, including loading areas, is within a structure
                   designed to prevent the generation and escape of contaminated runoff or leachate;

                   (h) Storage of animal manure unless covered or contained in accordance with the specifications of the Natural
                   Resource Conservation Service and the Townsend Board of Health Manure Management requirements;

                   (i) Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining
                   activities) within seven feet of historical high groundwater (as determined in accordance with Townsend Zoning
                   Bylaw § 145-46, Earth removal) except for excavations for building foundations, roads, or utility works;

                   (j) Treatment or disposal works subject to 314 CMR 5.00, for wastewater other than sanitary sewage, except for the
                   following:

                   [1] The replacement or repair of an existing treatment works that will not result in a design capacity greater than the
                   design capacity of the existing treatment works;

                   [2] Treatment works approved by the Department of Environmental Protection designed for the treatment of




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                   contaminated groundwater;

                   [3] Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated
                   to both the Department of Environmental Protection's and the Board of Health's satisfaction that these problems are
                   attributable to current septic problems and that there will be a net improvement in water quality.

                   (k) Stockpiling and disposal of snow, ice and sand containing de-icing chemicals if brought in from outside the
                   Groundwater Protection District;

                   (l) Storage of commercial fertilizers, as defined in MGL c. 128, § 64, unless such storage is within a structure
                   designated to prevent the generation and escape of contaminated runoff or leachate;

                   (m) The use of septic system cleaners which contain toxic or hazardous chemicals;

                   (n) Storage of hazardous materials, as defined in Townsend Zoning Bylaw § 145-54D, toxic or hazardous material;

                   (o) Industrial and commercial uses which discharge process wastewater on site.

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

                   (a) Enlargement or alteration of existing uses that do not conform to the Groundwater Protection District, subject to
                   MGL c. 40A, § 9 and 310 CMR § 21 and Townsend Zoning Bylaws Article XI, Appeals, Special Permits and
                   Variances, and Article V, Nonconforming Uses. [Amended 5-7-2002 STM by Art. 18; 10-21-2003 STM by Art. 34]

                   (b) Those activities that involve the handling of toxic or hazardous materials in quantities greater than those
                   associated with normal household use, allowed in the underlying zoning [except as prohibited under Subsection
                   F(2)].

                   (c) Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater. A
                   system for groundwater recharge must be provided which does not degrade groundwater quality. For nonresidential
                   uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation, and dry
                   wells shall be used only where other methods are not feasible. For all nonresidential uses, all such basins and wells
                   shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Such traps must be
                   approved by the Hazardous Waste Coordinator and the Board of Health. Any and all recharge areas shall be
                   permanently maintained in full working order by the owner.

                   (d) The application of pesticides, including herbicide, insecticides, fungicides, and rodenticides, for non-domestic or
                   non-agricultural uses in accordance with state and federal standards. If applicable, the applicant will provide
                   documentation of compliance with a yearly operating plan (YOP) for vegetation management operations under 333
                   CMR 11.00 or a Department of Food and Agriculture approved pesticide management plan or integrated pest
                   management (IPM) program under 333 CMR 12.00;

                   (e) The application of fertilizers for non-domestic or non-agricultural uses. Such applications shall be made in a
                   manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition, and sedimentation;

                   (f) The construction of dams or other water control devices, ponds, pools or other changes in water bodies or
                   courses, created for swimming, fishing, or other recreational uses, agricultural uses or drainage improvements. Such
                   activities shall not adversely affect water quality or quantity.

                   G. Procedures for issuance of special permit.

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

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

                   (a) In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water
                   that is available in the Groundwater Protection District;

                   (b) Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-




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                   related natural characteristics of the site to be developed.

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

                   (a) A complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to
                   be used or stored on the premises in quantities greater than those associated with normal household use;

                   (b) For those activities using or storing such hazardous materials, a hazardous materials management plan shall be
                   prepared and filed with the Hazardous Waste Coordinator and Board of Health. The plan shall include:

                   [1] Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage,
                   accidental damage, corrosion, leakage, or vandalism, including spill containment and cleanup procedures;

                   [2] Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;

                   [3] Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act 310
                   CMR 30, including obtaining an EPA identification number from the Massachusetts Department of Environmental
                   Protection.

                   [4] Proposed down-gradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a
                   potential groundwater threat.

                   H. Violation.

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

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

                   I. Severability. Determination that any portion or provision of this Groundwater Protection District Bylaw is invalid
                   shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued
                   thereunder.




                   ARTICLE X, Signs


                   § 145-55. General provisions.

                   No signs or advertising devices of any kind or nature shall be erected on any premises or affixed to the outside of any structure
                   or be visible from the outside of any structure in Townsend except as specifically permitted in this article.

                   § 145-56. Residence districts.

                   In residence districts, signs or advertising devices are permitted only as follows:

                   A. One sign displaying the street number, or name of the occupant of premises, or both, not exceeding four square
                   feet in area. Such sign may be attached to a building or may be on a rod or post. Such sign may include
                   identification of an accessory studio or professional office in the dwelling or on the premises, or may identify other
                   permitted accessory uses, including customary home occupations. All such signs shall be placed not nearer than 12
                   feet from the street line.

                   B. One bulletin or announcement board or identification sign for a permitted nonresidential building or use, not more
                   than six square feet signboard area. For churches and institutions, two bulletin or announcement boards or
                   identification signs are permitted on each building. Each such church or institution sign shall be not more than 10
                   feet signboard area. No such sign shall be located nearer a street than 1/2 the required front yard depth.

                   C. On the premises with a lawfully nonconforming use, one sign not more than six square feet signboard area.




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                   D. One "For Sale" or "For Rent" sign, not more than six square feet signboard area and advertising only the
                   premises on which the sign is located.

                   E. One building contractor's sign on a building while actually under construction, not exceeding six square feet
                   signboard area.

                   F. In residence districts all signs or advertising devices shall be stationary and shall not contain any visible moving
                   or movable parts. No sign or advertising device in such districts shall be of neon or illuminated tube type. Lighting of
                   any sign or advertising device shall be continuous (not intermittent nor flashing nor changing) and shall be so placed
                   or hooded as to prevent direct light from shining onto any street or adjacent property. No sign or advertising device
                   shall be illuminated after 11 p.m.

                   § 145-57. Commercial and industrial districts.

                   In commercial and industrial districts signs shall relate to the premises on which they are located and shall only identify the
                   occupant of such premises or advertise the articles or services available within said premises.

                   A. There shall be no temporary or permanent special promotion signs, banners, streamers or placards erected,
                   suspended, posted or affixed in any manner outdoors or on the exterior of any building.

                   B. On each lot in a commercial or industrial district, there is permitted one sign affixed to the exterior of a building,
                   for each occupant. The top edge of each such sign shall be not higher than the roof ridge of the building, or the
                   highest point of the roof, if no ridge pole, no higher than the plate of a flat roof.

                   C. Signs permitted in commercial and industrial districts shall not be more than 100 square feet signboard area per
                   sign nor more than 3/4 of the length of the face of the building on which the sign is affixed.

                   § 145-58. Freestanding signs in commercial and industrial districts.

                   In commercial and industrial districts where buildings are set back 40 feet or more, one freestanding sign per lot is permitted.
                   The top edge of any such freestanding sign shall be not higher than 25 feet vertical measure above the average level of the
                   ground between the supports of each sign. For traffic safety, the whole of the signboard or display elements of any freestanding
                   sign shall be either below three feet height or above 10 feet height above average ground level. Any such freestanding sign may
                   be located within the front yard space, if any sign on such lot, and no part to be nearer than 12 feet to any lot line.

                   § 145-59. Dimensions of freestanding signs.

                   No freestanding sign shall have signboard area (or display area, if no signboard) exceeding 100 square feet gross area, measured
                   from the tops of the topmost display elements, and from exterior side to exterior side of display elements, and including in such
                   measurements any blank space between display elements. No display or signboard dimension shall exceed 16 feet for a
                   freestanding sign.

                   § 145-60. Illuminated signs.

                   Illuminated signs are permitted subject to the following conditions:

                   A. No sign shall be intermittently illuminated, nor of a traveling, animated or flashing light type.

                   B. Each steadily illuminated sign shall not exceed 100 square feet gross display area as measured in § 145-59.

                   C. Sign illumination is permitted only between the hours of seven o'clock in the morning and eleven o'clock in the
                   evening, except that signs of retail establishments may be illuminated during any hours these establishments are
                   open to the public.

                   § 145-61. Private outdoor lighting fixtures.

                   For safety reasons, any private outdoor lighting fixture, whether temporary or permanent, other than gaseous tube letters in
                   signs, shall be so placed or hooded that the light source itself shall not be directly visible at any point beyond the lot lines of the
                   premises illuminated.

                   § 145-62. Exempt signs. [Added 12-3-1987 STM by Art. 23]

                   A. The following signs are exempted from the provisions of §§ 145-55 through 145-61:

                   (1) Any sign which is required by law, rule, regulation or permit of the federal or state government or any agency
                   thereof or any public authority created thereby.




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                   (2) Any sign placed on any Town premises under the provisions of any Town bylaw or the State Building Code or
                   by direction of the Town board or committee having jurisdiction over such premises.

                   (3) Any directional sign or signs indicating parking restrictions in a parking area, provided the signs do not exceed
                   four square feet in area.

                   (4) Any sign not exceeding one square foot in area marking or identifying privately owned land (examples: "No
                   Hunting," "No Trespassing").

                   (5) Any temporary, unlighted signs, not exceeding two square feet in a residential district, advertising the sale or
                   offering of pets, personal or household articles or a vehicle, trailer or boat belonging to the owner or occupant of the
                   premises, or signs pertaining to campaigns for local, state or federal office, which shall be removed promptly
                   following the sale or disposal of the pets or the articles or after the election has taken place. This exemption permits
                   no more than two such signs per premises.

                   (6) Any temporary, unlighted signs, not exceeding 10 square feet in area in a commercial district or on the
                   premises of an existing commercial nonconforming use, advertising a special promotion or special service, which
                   shall be removed promptly at the end of the special promotion or special service. This exemption permits no more
                   than two such signs per premises.

                   (7) Holiday decorations and lights when in season.

                   (8) Any temporary, unlighted signs or banners, including banners overhanging a public way, of not more than 100
                   square feet in area advertising a special event by a nonprofit local organization or the Town government, which shall
                   be removed promptly at the end of the special event. [Amended 4-25-1989 ATM by Art. 60]

                   B. All those who place exempted signs must be able to show that the proposed use will be in harmony with the
                   general purpose and intent of this bylaw and no signs exempt by Subsection A(5), (6) and (8) shall be in place for
                   more than two weeks in a three-month period.




                   ARTICLE XI, Appeals, Special Permits and Variances [Amended 5-7-1986 STM by Arts. 7, 8, 9 and 15; 1-17-1989 STM by Arts. 22,
                   23, 24 and 25]


                   § 145-63. Zoning Board of Appeals.

                   A. Establishment. There shall be a Zoning Board of Appeals consisting of five members and three associate
                   members appointed by the Board of Selectmen as provided in Massachusetts General Laws, Chapter 40A, Section
                   12 and the Town Charter. The Board shall adopt rules not inconsistent with the provisions of this bylaw for the
                   conduct of its business, shall file said rules with the Town Clerk, and shall make said rules available to the public.
                   Within this bylaw, the designations Zoning Board of Appeals and Board of Appeals shall be used interchangeably.
                   [Amended 5-2-2000 ATM by Art. 15]

                   B. Powers. The Zoning Board of Appeals shall have the following powers:

                   (1) To hear and decide appeals in accordance with § 145-64.

                   (2) To hear and decide applications for special permits upon which the Board of Appeals is empowered to act.

                   (3) To hear and decide petitions for variances as set forth in § 145-66.

                   § 145-64. Appeals.

                   A. An appeal to the Zoning Board of Appeals may be taken by the following parties:

                   (1) Any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative
                   officer under the provisions of this bylaw or Chapter 40A.

                   (2) Any person, including an officer or board of the Town of Townsend or of any abutting city or town, aggrieved by
                   an order or decision of the Building Inspector or other administrative officer, in violation of any provisions of this
                   bylaw or Chapter 40A.

                   (3) The Montachusett Regional Planning Commission.




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                   B. Such appeal shall be initiated within 30 days from the date of the order or decision which is being appealed, by
                   filing a notice of appeal, specifying the grounds thereof, with the Town Clerk.

                   C. The procedures outlined in § 145-66F, G, H and I shall be followed for action on appeals, all subject to the
                   requirements of Chapter 40A.

                   D. Any person or board aggrieved by a decision of the Zoning Board of Appeals or any special permit granting
                   authority, whether or not previously a party to the proceeding, may appeal to the Superior Court or other court, under
                   the provisions of MGL c. 40A, § 17.

                   § 145-65. Special permits.

                   A. Applicability. Whenever a special permit is required by other sections of the Townsend Zoning Bylaws, the
                   Building Inspector shall issue a building permit and/or use permit only after the application has been approved by
                   the special permit granting authority (SPGA) and the state, county or municipality, which approval is a prerequisite to
                   the applicant's carrying out the proposed use of the premises. Each SPGA may require fees, to be paid by the
                   applicant, to cover the cost of advertising, notification by mail, and the reasonable cost to the Town of processing a
                   request. Said fees shall be published in the rules and regulations of each SPGA which shall be filed with the Town
                   Clerk. [Amended 5-7-2002 STM by Art. 18]

                   B. Special permit granting authority (SPGA). The SPGA shall be the Zoning Board of Appeals unless specifically
                   designated in any section of this bylaw to another authorized board or authority as allowed under MGL c. 40A, § 1.

                   C. Application. The SPGA's special permit application form together with the number of plans required in the rules
                   and regulations of the appropriate SPGA shall be filed by the petitioner with the Town Clerk, who will certify the date
                   and time of filing. (But in no case less than six sets of plans.) The Town Clerk will file one set of plans and will then
                   forward the application form together with the remaining copies of plans to the appropriate SPGA. The effective date
                   of filing is the date the application is filed with the Town Clerk. [Amended 4-25-1995 STM by Art. 11; 9-24-1996 STM
                   by Art. 38]

                   D. Action. Special permits shall only be issued after a public hearing which must be held within 65 days after the
                   effective date of filing of a special permit application in conformance with the requirements of Chapter 40A. SPGA's
                   shall act within 90 days following a public hearing for which notice has been given. The issuing of special permits
                   shall require a two-thirds vote of boards with more than five members, a unanimous vote of a three-member board
                   and four concurring votes for a five-member board.

                   E. Referral.

                   (1) Before taking any action on an application for a special permit under this Zoning Bylaw, the SPGA shall refer
                   the special permit application to the Planning Board, Board of Health, Conservation Commission, and Board of
                   Selectmen for written comments and recommendations. In addition to the above-noted boards, a special permit
                   granting authority (SPGA) may refer a special permit application to any other Town agency/board/department/officer
                   for comments and recommendations if it so desires before taking final action on said special permit application. The
                   decision of the SPGA to refer the matter to another Town agency/board/department/officer may be made without a
                   public hearing. [Amended 4-27-1991 STM by Art. 12]

                   (2) Any such board or agency to which applications are referred for comment shall make its recommendations and
                   send copies thereof to the SPGA and the applicant within 35 days of receipt of the referral request by said board or
                   agency or there shall be deemed no opposition or desire to comment. The SPGA shall not act upon said special
                   permit until either comments from referred boards or agencies have been received or said 35 days have elapsed,
                   whichever is sooner. Applications referred to more than one board or agency may be reviewed jointly by said boards
                   or agencies.

                   F. Decision. [Amended 4-27-1991 STM by Art. 13]

                   (1) In addition to any specific requirements elsewhere in this bylaw, or where no specific restrictions are made
                   applicable to a use allowed by special permit, the SPGA may grant a special permit, but only upon its written
                   determination that the proposed use will not have adverse effects which overbalance its beneficial effects on either
                   the neighborhood or the Town, in view of the particular characteristics of the site. The SPGA may require the
                   applicant to pay the costs of hiring independent experts chosen by the SPGA to review any information required by
                   the board. The determination shall indicate that the proposed use will be in harmony with the general purpose and
                   intent of this bylaw and shall include, but not be limited to, consideration of each of the following:

                   (a) Adequacy of the site in terms of size for the proposed uses;

                   (b) Suitability of the site for the proposed use;




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                   (c) Impact on traffic flow and safety;

                   (d) Impact on neighborhood visual character, including views and vistas;

                   (e) Adequacy of method of sewage disposal, source of water and drainage; and

                   (f) Adequacy of utilities and other public services.

                   (g) Impact on ground and surface water quality and other environmental and natural resource considerations.

                   (2) Said special permit may impose conditions, safeguards and limitations on time and use.

                   § 145-66. Variances.

                   A. The Board of Appeals shall have the power after public hearing notice has been given by publication and
                   posting, and by mailing to all parties in interest, in conformance with the requirements of Chapter 40A, to grant upon
                   appeal or upon petition with respect to particular land or structures, a variance from the terms of the applicable
                   zoning but only in cases where the Board specifically finds both the following:

                   (1) Owing to circumstances relating to the soil conditions, shape or topography of such land or structures and
                   especially affecting such land or structures but not affecting generally the zoning district in which it is located, a
                   literal enforcement of the provisions of the bylaw would involve substantial hardship, financial or otherwise, to the
                   petitioner or appellant.

                   (2) Desirable relief may be granted without substantial detriment to the public good and without nullifying or
                   substantially derogating from the intent or purpose of this bylaw.

                   B. No variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is
                   located, provided, however, that such variance properly granted prior to the date of adoption of this bylaw, but limited
                   in time, may be extended on the same terms and conditions that were in effect for such upon said effective date.

                   C. The Board of Appeals may impose conditions, safeguards and limitations both of time and use, including the
                   continued existence of any particular structures but excluding any condition, safeguard or limitation based upon the
                   continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any
                   owner.

                   D. If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, they
                   shall lapse and may be re-established only after notice and a new hearing pursuant to this section.

                   E. Petition for a variance shall be made to the Town Clerk. Said application shall state the purpose of the variance
                   applied for and the facts that the applicant believes warrants such a variance of Subsection A(1) and (2) above. The
                   Board of Appeals may require fees, to be paid by the applicant, to cover the cost of advertising, notification by mail
                   and the reasonable cost to the Town in processing a request. Said fee shall be published in the rules and regulations
                   of the Board of Appeals.

                   F. The Board of Appeals shall hold a hearing on any appeal, application or petition transmitted to it by the Town
                   Clerk within 65 days from the transmittal to the Board of such appeal, application or petition. Notices shall be sent
                   and published as required by MGL c. 40A, § 15.

                   G. The concurring vote of four members of the Board of Appeals, consisting of five members, shall be necessary to
                   reverse any order or decision of any Town official, or to effect any variance in the application of any bylaw.

                   H. The decision of the Board of Appeals shall be made within 100 days after the date of the filing of an appeal.
                   [Amended 4-27-1991 ATM by Art. 14]

                   I. No variance or any extension, modification or renewal thereof shall take effect until a copy of the decision
                   bearing the certification of the Town Clerk that 20 days have elapsed and no appeal has been filed (or that if such
                   appeal has been filed, that it has been dismissed or denied) is recorded in the Registry of Deeds for Middlesex
                   County and indexed in the grantor index under the name of the owner of record or is recorded and noted on the
                   owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant.




                   ARTICLE XII, Zoning Amendments




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                   § 145-67. Submission in writing.

                   Any person desiring a zoning amendment shall propose it in writing to the Selectmen for insertion in the warrant of a Town
                   Meeting, regular or special.

                   § 145-68. Geographic change.

                   If geographic change of a zoning boundary description be proposed, word of boundary description change for insertion in the
                   warrant shall be accompanied by a brief written statement of the nature, extent and location in the Town of the Zoning Map
                   change proposed, together with three black-line prints of a diagram to scale showing the area to be changed, stating pertinent
                   dimensions in feet.

                   § 145-69. Hearing.

                   On each zoning amendment proposal accepted by the Selectmen for insertion in a Town Meeting warrant, or on any such
                   proposal inserted in a Town Meeting warrant by petition as provided by statute, the Planning Board shall hold a public hearing,
                   of which notice shall be given by the Planning Board under the statutory zoning notice provisions of Chapter 40A.

                   § 145-70. Costs.

                   The costs of publication and of mailing of notices of hearing and the costs of holding such zoning hearing and of making a
                   public record of the proceedings at such hearings, if such a record be made, shall be paid by the Planning Board, but the
                   Planning Board may determine whether a fee to cover such costs shall be required of the zoning amendment proponents.



                   ARTICLE XIII, Enforcement and Penalties [Amended 5-7-1986 STM by Art. 10]


                   § 145-71. Enforcement official.

                   The Building Inspector, in accordance with MGL c. 40A, § 7 (as amended by Sts. 1975, Chapter 808, Section 3) shall enforce
                   the Zoning Bylaw and shall withhold a permit for the construction, alteration, or moving of any building or structure if the
                   building or structure as constructed, altered, moved, or occupied would be in violation of any provision of this Zoning Bylaw or
                   any applicable provision of the Subdivision Control Law of the Commonwealth of Massachusetts or the Rules and Regulations
                                                                           [xiv]
                                                                                 EN
                   for the Subdivision of Land of the Town of Townsend,

                   or any applicable provisions of the Commonwealth of Massachusetts State Building Code, and of any other applicable laws,
                   bylaws, or regulations, all as most recently amended from time to time.

                   § 145-72. Permits required.

                   No structure shall be erected, altered, or moved, nor shall any land or structure be occupied in Townsend without a written
                   permit issued by the Building Inspector. Building permits and occupancy permits shall be applied for in writing on the form
                   prescribed by the Building Inspector. The Building Inspector shall not issue any such building permit or occupancy permit
                   unless the plans for the structure and intended use thereof, including use of the land on which the structure is located, in all
                   respects comply with the provisions of all laws, bylaws, and regulations set forth in Article XIV, except as the same may have
                   been changed by special permit or variance granted by appropriate authority.

                   § 145-73. Issuance of permits.

                   The Building Inspector shall not issue any permit for occupancy or construction until all applicable laws, bylaws and regulations
                   have been complied with.

                   § 145-74. Application for permit.

                   A form prescribed by the Building Inspector shall be submitted to the Building Inspector with every application for a building
                   permit or occupancy permit. The form shall be prepared in each case in duplicate. Upon submission of the form with the
                   building permit or occupancy permit application, one form shall be filed in the Building Inspector's office and one shall be
                   forwarded by the Building Inspector to the Town Hall for reference by Town boards.

                   § 145-75. Notice of violation.

                   The Townsend Zoning Bylaws shall be enforced by the Building Inspector or his duly appointed representative. The Building
                   Inspector, upon being informed in writing of a possible violation of this bylaw or on his own initiative, shall make or cause to be
                   made an investigation of facts and an inspection of the premises where such violation may exist. The Building Inspector, upon




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                   evidence of any violation and after investigation thereof, shall give notice to the owner and the occupant, if different, of such
                   premises. The Building Inspector shall demand in such notice that such violation be abated within a reasonable time, such time
                   to be designated in said notice by the Building Inspector. Such notice and demand shall be given by mail, addressed to the
                   owner at the address appearing for him on a most recent real estate assessment record of the Town of Townsend and to the
                   occupant at the address of the premises of such apparent violation. If the Building Inspector charged with enforcement of zoning
                   ordinances or bylaws against any person allegedly in violation of the same and such Building Inspector declines to act, he shall
                   notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within 14 days
                   of receipt of such request.

                   § 145-76. Legal abatement action.

                   If, after such notice and demand, such violation has not been abated within the time therein specified, the Building Inspector
                   shall immediately refer the matter to Town Counsel for appropriate action.

                   § 145-77. Violations and penalties.

                   Any violation of any provision of this bylaw or of any regulation by the Town's Health Officer pursuant to this bylaw shall be
                   punishable by a fine of not more than $300. Each violation and each day a violation continues shall constitute a separate
                   offense, punishable by a fine as aforesaid.



                   ARTICLE XIV, Applicability [Amended 5-7-1986 STM by Art. 11]


                   § 145-78. Effective date of amendments.

                   The effective date of an amendment to the Townsend Zoning Bylaws, subject to its approval by the Attorney General as
                   required by Chapter 40A, is the date on which such amendment was voted by Town Meeting.

                   § 145-79. Continuance of former bylaw.

                   The provisions of this bylaw, so far as they are the same as those of existing bylaws, shall be construed as continuations thereof
                   and not as new enactments. A reference in a bylaw, which has not been repealed, to provisions of bylaws which are revised and
                   reenacted therein, shall be construed as applying to such provisions as revised and reenacted.

                   § 145-80. Severability.

                   The provisions of these bylaws are severable from each other and the invalidity of any provision or section shall not invalidate
                   any other provisions or section thereof.



                   ARTICLE XV, Rate of Development and Subdivision Phasing [Added 10-21-2003 STM by Art. 41]


                   § 145-81. Purpose.

                   The purpose of this article, "Rate of Development and Subdivision Phasing," is to assure that growth shall be phased so as not to
                   unduly strain the Town's ability to provide public facilities and services, so that it will not disturb the social fabric of the
                   community, so that it will be in keeping with the community's desired rate of growth; and so that the Town can study the impact
                   of growth and plan accordingly. The reason for developing such a bylaw is to ensure the Town of Townsend has the time to
                   provide the necessary municipal infrastructure and service needs in order to provide the Town the ability to protect and promote
                   public health, safety and welfare while avoiding year-by-year variation in the rate of development, and allow the Town the
                   ability to pay under the financial limitations of Proposition 2-1/2. The following conditions are made to encourage residential
                   growth, which address the housing needs of the residents of Townsend.

                   § 145-82. Applicability.

                   The rate of development shall apply to the issuance of all building permits for the construction of new dwelling units. This
                   article shall be effective for four years from January 1, 2004, and may be extended by vote at Town Meeting without lapse of its
                   provisions. Prior to December 31, 2008, the land use boards shall report to Town Meeting the effectiveness of the rate of
                   development limitations and the need, if any, to continue and/or amend said limitation.

                   § 145-83. General.

                   Building permits shall not be issued authorizing construction of more than 28 dwelling units in any twelve-month period, with
                   the first such period beginning January 1, 2004, unless one or more of the conditions set forth below applies:




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                   A. The creation of dwelling units under any program or statute intended to assist the construction of low- or
                   moderate-income housing, as defined in the applicable statute or regulation, including Town bylaws.

                   B. The creation of dwelling units for persons of 55 years and older through a properly executed and recorded deed
                   restriction running with the land.

                   § 145-84. Limitation.

                   No entity or person shall be issued more than three building permits for new dwelling units in any one twelve-month period.

                   A. Not more than 50% or 14 permits are allotted for Approval Not Required (ANR) lots.

                   B. No more than 50% or 14 permits are allotted for dwelling units in subdivisions.

                   C. There shall be no more than a total of three building permits issued in any one subdivision for new dwelling
                   units.




                   Land Space Requirement Table

                                                                     Land Space Requirements Table
                                                  [Amended 3-17-1987 STM by Art. 42; 5-18-1987 STM by Art. 23; 1-17-1989
                                                            STM by Arts. 32 and 33; 11-3-1993 STM by Art. 1]


                                                                                                                     Maximum
                                                                                                                   Building Height
                                                      Minimum                             Minimum Yard Depth

                                                      Lot Area                                                                          Maximum
                                                        Per
                                      Minimum                         Minimum              (2)     (3)      (4)      Stories-Feet        % of Lot
                                                     Additional      Lot Frontage

                         Zoning        Lot Area       Dwelling         (1)          (2)   Front   Rear     Side    (3)    (4)    (6)     Coverage
                         District                      Unit

                       Residence

                        RA (8)          3 acres       3 acres (4)     200’          (4)    50’    15’      15’     2½      –     35’        25%

                        RB (9)          2 acres       2 acres (4)     200’          (4)    50’    15’      15’     2½      –     35’        25%

                       Commercial
                       (10)
                        OCD           15,000 s.f.                            75’           30’    10’      15’     2½      –     35’        50%
                                                                                                           (5)

                        DCD           15,000 s.f.                                          30’    10’      15’     2½      –     35’        50%
                                                                                                           (5)

                        NCD           15,000 s.f.                                          30’    10’      15’     2½      –     35’        50%
                                                                                                           (5)

                       Industrial     45,000 s.f.                            200’          60’    50’      50’      2      –     35’        25%

                       Floodplain
                       (7)
                       Wetlands


                   NOTES:

                   (1) Not less than the minimum frontage distance shall be maintained as the minimum lot width throughout the front yard depth.

                   (2) On lots abutting streets on more than one side, the front yard requirements shall apply to each of the abutting streets.

                   (3) These heights restrictions shall not apply to chimneys, water towers, skylights and other necessary features appurtenant to buildings which
                       are usually carried above roofs and are not used for human occupancy nor to wireless or broadcasting towers and other like unenclosed
                       structures.

                   (4) See Article IX regarding motels and apartments.




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                   (5) Except no requirement when the side of a building abuts another building.

                   (6) Height restrictions may not be waived for office buildings and department stores.

                   (7) Floodplain restrictions are set forth in § 145-45.

                   (8) Residential A District:

                          Required side yard width:

                          Fifteen feet for primary and detached accessory building.

                          Five feet for detached accessory building if located 100 feet or more from exterior line of any street.

                          Required rear yard depth:

                          Fifteen feet for primary building.

                          Five feet for detached accessory building.

                   (9) Residential B District:

                          Required side yard width: same as Footnote 8 above.

                          Required rear yard depth: same as Footnote 8 above.

                   (10)       All commercial districts (OCD; DCD; NCD):

                          Required side yard width:

                          Fifteen feet for commercial building unless having a party wall on side lot line.

                          Fifteen feet for dwelling.

                          Five feet for detached accessory building.

                          Required rear yard depth:

                          Fifteen feet for dwelling.

                          Ten feet for commercial building.

                          Five feet for accessory building.

                          Minimum lot area for dwelling in commercial district:

                          Three acres in Aquifer Protection Overlay District (§ 145-40).

                          Two acres in all other commercial districts.




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                                     [xv]NOTE
                   Zoning Maps




                   Note - Zoning District Maps 1 through 12 coming soon

                   NOTE: The maps listed above are available at the Town Clerk's Office or the Land Use Office.

                              Or, Please follow this link to view the Zoning Map of the whole Town




                   [i]
                      Editor's Note: The definition of "garage, private," which immediately followed this definition, was deleted 3-16-1987 STM by Art. 7. The definition of
                   "garage, public," was deleted 5-18-1987 STM by Art. 12.

                   [ii]
                          Editor's Note: The Land Space Requirements Table is included at the end of this chapter.




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                   [iii]
                            Editor's Note: The definition of "mobile home parks," which immediately followed this definition, was deleted 3-16-1987 STM by Art. 13.

                   [iv]
                          Editor's Note: Original Sec. 6.2, which immediately followed this section, was deleted 3-16-1987 STM by Art. 21.

                   [v]
                         Editor's Note: The Land Space Requirements Table, which immediately followed this subsection, is now included at the end of this chapter.

                   [vi]
                       Editor's Note: Original Secs. 9.3.4 and 9.3.5, which immediately followed this subsection, were deleted 4-27-1991 STM by Arts. 8 and 9,
                   respectively.

                   [vii]
                           Editor's Note: Former Sec. 9.3.7, which immediately followed this subsection, was deleted 12-4-1990 STM by Art. 13.

                   [viii]
                            Editor's Note: See Ch. 175, Planning Board, Art. II, Subdivision Control.

                   [ix]
                          Editor's Note: See Ch. 175, Planning Board.

                   [x]
                         Editor's Note: See Ch. 175, Planning Board, Art. II, Subdivision Control.

                   [xi]
                          Editor's Note: See Ch. 175, Planning Board, Art. II, Subdivision Control.

                   [xii]
                           Editor's Note: The Land Space Requirements Table is included at the end of this chapter.

                   [xiii]
                            Editor's Note: The Land Space Requirements Table is included at the end of this chapter.

                   [xiv]
                            Editor's Note: See Ch. 175, Planning Board, Art. II, Subdivision Control.

                   [xv]
                       NOTE: Zoning Maps are available in the town offices.


                  This page last updated: Saturday, 26-Nov-2005 23:15:20 EST




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DOCUMENT INFO
Description: Unofficial copy, Town of Townsend Zoning Bylaws. This is one of various useful resources available from the town website.