1 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 SECTION 1000. PURPOSE AND AUTHORITY 1 PURPOSE AND AUTHORITY

1100 PURPOSE. The purpose of this By-Law is to 1.1 TITLE implement the zoning powers granted to the Town of This Bylaw shall be known and may be cited as the "Zoning Tewksbury under the Constitution and Statutes of the Bylaw of the Town of Tewksbury, Massachusetts," (this Commonwealth of Massachusetts and includes, but is Bylaw). not limited to, the following objectives: (a) [p.1] encouraging the most appropriate use of land; (b) promoting the health, general welfare of the inhabitants of the Town; (c) preventing overcrowding of land; (d) securing safety from fire, flood, panic and other dangers; (e) sustaining the economic viability of 1.2 PURPOSES the community; (f) balancing private property rights This Bylaw is enacted in order to promote the general with the greater common good; (g) lessening welfare of the Town of Tewksbury (Town); to protect the congestion of traffic; (h) assisting in the economical health and safety of its inhabitants; to support the most provisions of transportation, water, sewerage, appropriate use of land throughout the Town: to further the schools, parks and other public facilities; (i) goals of the Tewksbury Master Plan: and to preserve and encouraging housing for persons of all income levels; increase the amenities of the Town, all as authorized but not (j) preserving and enhancing the development of the limited by the provisions of the Massachusetts Zoning Act, natural, scenic, aesthetic qualities of the Town; and G.L. c. 40A, as amended, and Section 2A of Chapter 808 of (k) giving consideration of the recommendations of the Acts of 1975. [p.1] any special studies and master plans. [p.11] 1200 AUTHORITY. This Zoning By-Law is enacted in 1.3 AUTHORITY accordance with the provisions of the Massachusetts This Bylaw is enacted under the authority of Article 89 of the General Laws, Chapter 40A, and any and all Amendments to the Constitution of the Commonwealth of amendments thereto. [p.11] Massachusetts (Commonwealth) and in accordance with G.L. [p.1] c 40A, as amended. 1300 SCOPE. For these purposes, the construction, repair, [Not necessary given the applicability clause of Section 1.4] alteration, reconstruction, height, number of stories, and size of buildings and structures, the size and width of lots, the percentage of lot area that may be occupied, the size of yards, courts, and other open

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 2 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 spaces, the density of population, and the location and use of buildings, structures, and land in the Town of Tewksbury are regulated as hereinafter provided. [p. 11]

1400 APPLICABILITY. All buildings or structures hereinafter 1.4 APPLICABILITY erected, reconstructed, altered, enlarged, or moved, All buildings or structures erected, constructed, and the use of all premises in the Town of Tewksbury, reconstructed, altered, enlarged, or modified, and the use of shall be in conformity with the provisions of the all premises in the Town, after the effective date of this Zoning By-Law. No building, structure or land shall be Bylaw shall conform with the provisions of this Bylaw. No used for any purpose or in any manner other than is building, structure, or land shall be used for any purpose or expressly permitted within the district in which such in any manner other than as expressly permitted within the building, structure or land is located. Where the district in which it is located. Where this Bylaw imposes application of this By-Law imposes greater greater restrictions than those imposed by any other restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or regulations, permits, restrictions, easements, agreements, the provisions of this Bylaw shall control. [p.1] covenants, or agreements, the provisions of this By-Law shall control. [p.11]

1500 AMENDMENTS. This By-Law may from time to time 1.5 AMENDMENT be changed by amendment, addition, or repeal by the This Bylaw may from time to time be changed by Town Meeting in the manner provided in M.G.L. c. amendment, addition, or repeal by the Town Meeting in the 40A, s. 5, and any amendments thereto. [p.11] manner provided for in G.L. c. 40A, § 5. [p.1]

1600 SEVERABILITY. The invalidity of any section or 1.6 SEVERABILITY provision of this By-Law shall not invalidate any other The invalidity of any section or provision of this Bylaw shall section or provision herein. [p.11] not invalidate any other section or provision. [p.1] SECTION 2000. DISTRICTS 4 ESTABLISHMENT OF DISTRICTS 2100 ESTABLISHMENT. For the purpose of this By-Law, the 4.1 For purposes of this Bylaw, the Town is divided into the Town of Tewksbury is divided into the types of zoning following districts: districts set forth below:

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 3 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Residence 40 District (R40) 4.1.1 Use Districts Farming District (FA) Limited Business District (LB) A. Residential Commercial District (COM) 1. Farming (F) Transitional District (TR) 2. Residence 40 (R40) Park District (P) 3. Multifamily (MF) Municipal District (MN) 4. Village Residential (VR) Multiple Family District (MFD) Multiple Family Dwelling/55 (MFD/55) B. Business Community Development District (CDD) 1. Town Center (TC) Heavy Industrial District (HI) 2. Mixed-Use Business (MUB) Heavy Industrial District 1 (HI1) 3. South Village Business (SB) Office/Research District (OR) 4. Westside Neighborhood Business (WNB) Westside Neighborhood Business (WNB) 5. General Business (GB) District 6. Limited Business (LB)

C. Office-Industrial 1. Office-Research (OR) [p. 12] 2. Industrial 1 (I1) 3. Industrial 2 (I2)

D. Other Districts 1. Park (P) 2. Transition (TD) [p.28] 2200 OVERLAY DISTRICTS. In addition, the following 4.1.2 Overlay Districts overlay districts are also hereby established: 6400 Wireless Communications Facilities A. Flood Plain (FP) District 7600 Multiple Family Dwellings in the Senior B. Ground Water Protection (GWP) District Village District/55 (SVD/55) C. Interstate Overlay (IO) District 8100 Flood Plain District D. Marijuana Dispensary Overlay (MD) District [p.29] 8300 Ground Water Protection District

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 4 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 8400 Interstate Overlay District 8500 Highway Corridor Overlay District 8600 Town Center Overlay District 8620 Village Residential Overlay District 8640 Village Mixed-Use Overlay District 8660 South Village Overlay District 8680 Community Village Overlay District

[p.12] 2300 MAP. The districts identified in Section 2100 are 4.2 ZONING MAP shown, defined and bounded on the map Zoning districts are shown on a map entitled "Zoning Map of accompanying this By-Law entitled "Town of the Town of Tewksbury” (the Zoning Map) on file in the Tewksbury Zoning Map, Underlying Districts" (map 1 Office of the Town Clerk. The district boundaries shown on of 2) dated March 25, 2005, and on file with the Town the Zoning Map are part of this Bylaw. Changes to the Zoning Clerk. District boundaries are made the same way as amendments to the text of the Zoning Bylaw are made. The Zoning Map The overlay districts identified in Section 2200, with may include geographical features, streets, notations, and the exception of the Flood Plain District, are shown other information to keep the map current and to facilitate on a map accompanying this By-Law entitled “Town orientation. of Tewksbury Zoning Map, Overlay Districts” (map 2 of 2) dated March 25, 2005 and on file with the Town Clerk.

The Flood Plain District includes all special flood The Flood Plain District includes all special flood hazard areas hazard areas within the Town of Tewksbury within the Town designated as Zone A and AE, on the designated as Zone A and AE, on the Middlesex Middlesex County Flood Insurance Rate Map (FIRM) issued County Flood Insurance Rate Map (FIRM) issued by by the Federal Emergency Management Agency (FEMA) for the Federal Emergency Management Agency (FEMA) the administration of the National Flood Insurance Program. for the administration of the National Flood Insurance The map panels of the Middlesex County FIRM that are Program. The map panels of the Middlesex County wholly or partially within the Town are panel numbers FIRM that are wholly or partially within the Town of 25017C0142E, 25017C0144E, 25017C0163E, 25017C0164E, Tewksbury are panel numbers 25017C0142E, 25017C0276F, 25017C0277F, 25017C0278F, 25017C0279F, 25017C0144E, 25017C0163E, 25017C0164E, 25017C0281F and 25017C0283F dated July 6, 2016; and 25017C0276F, 25017C0277F, 25017C0278F, 25017C0256F, 25017C0257F, and 25017C0259F dated July 6,

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 5 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 25017C0279F, 25017C0281F and 25017C0283F dated 2016 or most recent maps as approved by FEMA. The exact July 6, 2016; and 25017C0256F, 25017C0257F, and boundaries of the District may be defined by the 100-year 25017C0259F dated July 6, 2016 or most recent maps base flood elevations shown on the FIRM and further defined as approved by FEMA. The exact boundaries of the by the Middlesex County Flood Insurance Study (FIS) report District may be defined by the 100-year base flood dated July 6, 2016 or most recent maps approved by FEMA. elevations shown on the FIRM and further defined by The FIRM and FIS report are incorporated herein by the Middlesex County Flood Insurance Study (FIS) reference and are on file with the Town Clerk, Planning report dated July 6, 2016 or most recent maps Board, Building Commissioner, Conservation Commission approved by FEMA. The FIRM and FIS report are and the Town Engineer. incorporated herein by reference and are on file with [p.29] the Town Clerk, Planning Board, Building Commissioner, Conservation Commission and the Town Engineer. [pp.12, 13]

2310 Rules for interpretation of zoning district 4.2.1. Interpretation of District Boundaries boundaries. Where uncertainties exist as to the The location of district boundaries shown on the Zoning Map boundaries of districts as shown on the official zoning shall be determined as follows: maps the following shall apply:

2311. Where the boundary lines as shown upon A. Where the district boundary lines as shown on the said map as approximately following the street map as approximately following the street lines, of lines, of public and private ways or railways, the public and private ways or railways, the centerlines of centerlines of such ways shall be the boundary such ways shall be the boundary lines. lines.

2312. Where the boundary lines are shown

approximately on the location of property lot B. Where the district boundary lines are shown

lines, and the exact location of property, lot or approximately on the location of property lot lines

boundary lines is not indicated by means of and the exact location of property, lot or boundary

dimensions shown in figures, then the property or lines is not indicated by means of dimensions shown

lot lines shall be the boundary lines. in figures, then the property or lot lines shall be the boundary lines.

2313. Boundary lines located outside of street C. District boundary lines located outside of street lines

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 6 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 lines and shown approximately parallel thereto and shown approximately parallel thereto shall be shall be regarded as parallel to such street lines, regarded as parallel to such street lines. Dimensions and dimensions shown in figures placed upon said shown in figures on the map between boundary lines map between such boundary lines and street lines and street lines are the distance in feet between are the distance in feet of such boundary lines them; such distances being measured at right angles from such street lines; such distances being to the street lines unless otherwise indicated. measured at right angles to such street lines unless otherwise indicated. D. In all cases not covered by other provisions of this 2314. In all cases which are not covered by other Section 4.2.1, the location of district boundary lines provisions of this section, the location of shall be determined by the distance in feet, if given, boundary lines shall be determined by the from other lines upon said map, by the use of distance in feet, if given, from other lines upon identifications as shown on the map, or by the scale said map, by the use of identifications as shown of the map. on the map, or by the scale of the map. E. Where the district boundary line follows a stream, 2315. Where the district boundary line follows a lake or other body of water, the boundary line shall stream, lake or other body of water, said be construed to be at the thread or channel of the boundary line shall be construed to be at the stream; or at the limit of the jurisdiction of the Town thread or channel of the stream; or at the limit of unless otherwise indicated. the jurisdiction of the Town of Tewksbury, unless otherwise indicated. F. Where a district boundary line divides any lot existing 2316. Where a district boundary line divides any at the time the line is adopted, the regulations of any lot existing at the time such line is adopted, the district in which the lot has frontage on a street may regulations of any district in which the lot has be extended not more than 20 feet into the other frontage on a street may be extended not more district. than twenty (20) feet into the other district. G. Whenever any uncertainty exists as to the exact 2317. Where physical or cultural features existing location of a district boundary line, the location of on the ground are at variance with those shown such line shall be determined by the Building on the official map, or in other circumstances not Commissioner, provided, however, that any person covered by the above subsections, the Tewksbury aggrieved by his decision may appeal to the ZBA. Planning Board shall interpret the district [pp.29, 30] boundaries.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 7 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 2318. The Commercial District along Main Street [2318 is not necessary since the zoning map includes all shall extend from the Lowell line to the parcels on Main Street being in their respective districts--- no Wilmington line, Two hundred & Ninety-one split zone parcels] (291’) feet deep along each side of Main Street, where the frontage of a lot of land is on Main Street. (Unless otherwise zoned). [p.13]

2320 Rules for interpretation of overlay zoning district [2320 is not necessary due to the identified overlay districts boundaries. When the following overlay districts, not being in this draft]. TCOD, VROD, VMUOD, SVOD, and CVOD, include a lot of which the underlying zoning is split among two (2) or more districts and there is an application for an overlay district use, the requirements of the overlay district shall apply to the entire lot. [p.14] SECTION 3000. USE REGULATIONS 5. DISTRICT REGULATIONS

3100 PRINCIPAL USES. No land shall be used and no 5.1 GENERAL PROVISIONS structure shall be erected or used except as set forth No building or structure shall be erected and no building, in the following Table of Use Regulations, including structure, land, or water area shall be used for any purpose the notes to the Schedule, or as otherwise set forth or in any manner except in accordance with this Bylaw. herein, or as exempted by General Laws. The [p.30] expressed intent of this section is to mean that unless expressly permitted the use is hereby prohibited. [p.14] 3105 PROHIBITED USES. The following uses are expressly 5.4.2 Prohibited Uses prohibited in all districts. The list provided as A. Any use not listed in Section 5, Appendix A, or otherwise prohibited uses is not an exhaustive list and any use allowable under the provisions of this Bylaw shall be that is not expressly permitted is expressly deemed prohibited. prohibited. B. All uses that pose a present or potential hazard to human a) Garbage and refuse incineration or disposal health, safety, welfare, or the environment through otherwise of material not originating on the emission of smoke, particulate matter, noise or vibration, premises; or through fire or explosive hazard, or glare, are expressly Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 8 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 b) Distillation of bones, rendering of fat or prohibited in all districts. reduction of animal matter; C. The following uses are specifically prohibited: c) Manufacturing of glue; oil refining; bulk 1. Garbage and refuse incineration or disposal storage of petroleum products; otherwise of material not originating on the d) Foundries, manufacture of large machine premises. parts, metal working; 2. Distillation of bones, rendering of fat or reduction of e) Tanneries; animal matter. f) Manufacture of cement products and cement 3. Manufacturing of glue; oil refining; bulk storage of mixing; petroleum products. g) Processing, storage and distribution of asphalt 4. Foundries, manufacture of large machine parts, metal products; working. h) Sorting, baling and storage of waste paper, 5. Tanneries. rags or junk; 6. Manufacture of cement products and cement mixing. i) The dismantling of motor vehicles; 7. Processing, storage and distribution of asphalt j) Slaughterhouses; products; k) Sand, gravel and stone processing plants; 8. Sorting, baling and storage of waste paper, rags or l) Trailer parks and mobile homes; junk. m) Airports; 9. The dismantling of motor vehicles. n) Solid waste resource recovery facility, 10. Slaughterhouses. recycling, waste transfer stations; 11. Custom Slaughterhouses that are not exempt from o) Piggeries; [except in the Farming District as regulation under 105 CMR 500.000. per AG 12/23/03 Case # 2713] 12. Sand, gravel and stone processing plants. p) Transportation or freight terminals. 13. Trailer parks and mobile homes. q) Truck stops. 14. Airports. [p.14] 15. Solid waste resource recovery facility, recycling, waste transfer stations. 16. Piggeries. [except in the Farming District as per AG 12/23/03 Case # 2713] 17. Transportation or freight terminals. 18. Truck stops. 19. Marijuana Retailers. Consistent with G.L. c. 94G, § 3(a)(2), all types of marijuana retailers as defined in G.L. c. 94G, § 1, including all types of licensed

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 9 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 marijuana retail-related businesses, shall be prohibited. [pp. 37, 38] 3110 Symbols. Symbols employed in the Table of Use Regulations shall mean the following: SECTION 5.4.3 TABLE USES NOTES 1 and 2: Y - Permitted as of right (1) Many of the uses classified as “Y” may require Site Plan N - Prohibited Review under Section 3.6 prior to issuance of a building SP - Special Permit/Board of Appeals permit. (2) Legend: Y = permitted as of right (but may be subject to Site Plan Review); PB = Planning Board special PB - Special Permit/Planning Board permit; SP = ZBA special permit. BOS - Special Permit/Board of Selectmen [Appendix A—p.108] ACC - Accessory Use Only PB(1) - Westside Neighborhood Business District – Special Permit/Planning Board Westerly side of Woburn Street and Parcels of land on the Easterly side of Woburn Street that abut the Town of Billerica/Town of Tewksbury Town Line and Parcels that are immediate abutters to said Parcels only.

Y(1) - Westside Neighborhood Business District – Permitted use of right Westerly side of Woburn Street and Parcels of land on the Easterly side of Woburn Street that abut the Town of Billerica/Town of Tewksbury Town Line and Parcels that are immediate abutters to said Parcels only. [pp.14,15]

3120 If Classified Under More than One Use. Where an 5.4.4 Classification under More than One Use activity may be classified as more than one of the Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, principal uses listed in the Table of Uses. The more specific the more specific classification shall determine

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 10 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 permissibility; if equally specific, the more restrictive classification shall determine permissibility. If equally shall govern. specific, the more restrictive shall govern. [p.38] 3121. Where classified as a Major Commercial Project, that classification shall govern and the [3121 not in proposed draft because there is no longer a use Planning Board shall be the Special Permit Granting identified as “Major Commercial Project”] Authority. [p.15] 3130 Table of Use Regulations. See Appendix A. 5.4.3 Table of Uses: See Appendix A for the Table of Uses for all districts. 3131. Where an MFD zone is contiguous to a commercial zone, the operation of a Bed and [p.38] Breakfast is allowed subject to a special permit from the Planning Board. [p.15] 3200. ACCESSORY USES 5.4.5 Accessory Uses and Structures; General [p.38]

3210 Nonresidential Accessory Uses. Any use permitted 5.4.5.C Nonresidential accessory uses. as a principal use is also permitted as an accessory 1. Any use permitted as a principal use is also permitted as use, unless allowed elsewhere in this By-Law, an accessory use, unless allowed elsewhere in this provided such use is customarily incidental to the Bylaw, provided the use is customarily incidental to the main or principal building or use of the land. Any use main or principal building or use of the land. Any use authorized as a principal use by special permit may authorized as a principal use by special permit may also also be authorized as an accessory use by special be authorized as an accessory use by special permit permit provided such use is customarily incidental to provided the use is customarily incidental to the main or the main or principal building or use of the land. Any principal building or use of the land. Accessory uses are use not allowed in the district as a principal use is also permitted only in accordance with lawfully existing prohibited as an accessory use. Accessory uses are principal uses. In all instances where SPR is required for permitted only in accordance with lawfully existing a principal use, the addition of any new accessory use to principal uses. In all instances where site plan review the principal use, where the addition exceeds the and approval is required for a principal use, the thresholds in Section 3.4 shall also require SPR. addition of any new accessory use to the principal use, where such addition exceeds the thresholds [pp.38, 39] established in Section 9500, shall also require site plan review and approval. [p. 15]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 11 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 3220 Permitted Accessory Uses. The following accessory 5.4.5 Accessory Uses and Structures; General uses are specifically permitted as of right or by special A. An accessory use shall not alter the character of the permit: premises on which it is located or have an adverse

3221. Accessory Scientific Uses. Uses, whether or impact on the surrounding area.

not on the same parcel as activities permitted as a

matter of right, which are necessary in connection B. Permitted accessory uses. The following accessory

with scientific research or scientific development uses are specifically permitted as of right or by special

or related production, may be permitted upon the permit in any district:

issuance of a special permit by the Planning Board 1. Accessory scientific uses. Whether or not located on provided that the Board finds that the proposed the same parcel as activities permitted as a matter of use does not substantially derogate from the right, uses that are necessary in connection with public good. scientific research or scientific development or 3222. Reserved. related production may be allowed by special permit from the Planning Board provided the Board finds 3223. Family Day Care Homes. Small family day that the proposed use does not substantially care homes, with not more than six nonresident derogate from the public good. children served on the premises, are allowed as an accessory use as of right in all districts. Larger 2. Boarders in single-family dwelling. The renting of family day care homes registered with and rooms or furnishing of board to not more than two licensed by the Commonwealth of Massachusetts people in an owner-occupied single-family dwelling Office of Children are allowed in all districts only shall be a permitted accessory use. [p.38] upon the issuance of a special permit by the

Board of Appeals.

3224. Animals accessory to dwellings. Animals [3223 Family Day Care Homes is now covered in the use table] kept as an accessory use at a residence shall conform to the regulations of the Tewksbury [3224 animals are not a zoning issue and are covered by Board of Health. Board of Health regulations] 3225. Boarders in Single-Family Dwelling. The renting of rooms and/or furnishing of board to not more than two persons in a single-family dwelling by the owner/occupant thereof shall be

a permitted accessory use. The renting of rooms

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 12 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 and/or furnishing of board to more than two persons in a single-family dwelling by the

owner/occupant thereof shall be deemed a boarding house, which is prohibited in all zoning districts. 5.4.5.C 2. The outdoor display and/or storage of goods and 3226. The outdoor display and/or storage of merchandise for sale is permitted only when the display goods and merchandise for sale is permitted only and/or storage is wholly incidental and secondary to the when such display and/or storage is wholly primary use conducted within the permanent structure on incidental and secondary to the primary use the lot. No such display and/or storage may occur in conducted within the permanent structure on the delineated parking spaces, traffic lanes, crosswalks, lot. No such display and/or storage may occur in sidewalks or public ways. No additional signs are permitted delineated parking spaces, traffic lanes, except as otherwise provided. crosswalks, sidewalks or public ways. No additional signs are permitted except as [p.39] otherwise provided herein. [pp.15-16] 3230 Prohibited Accessory Uses. The following accessory 5.4.5.D Prohibited accessory uses. The following accessory uses are uses are prohibited: specifically prohibited. 3231. Unregistered vehicles. Accessory use of 2. Accessory use of any premises and in any zone shall not any premises and in any zone shall not be be construed to mean more than one (1) unregistered construed to mean more than one (1) vehicle and no more than 1 unregistered vehicle may be unregistered vehicle and no more than one (1) placed, parked or maintained on any property in the unregistered vehicle may be placed, parked or Town in any zone, unless the owner of such property has maintained on any property in the Town of a Class I, II or III license in accordance with G.L. c. 140, §§ Tewksbury in any zone, unless the owner of such 57-69 inclusive. No unregistered motor vehicle may be property has a Class I, II or III license in stored or maintained upon any premises within 50 feet accordance with M.G.L. c. 140, ss. 57-69 inclusive. from a street, public way or way laid out on a recorded No unregistered motor vehicle may be stored or plan. The ZBA may, by special permit, vary these maintained upon any premises within fifty (50) requirements. feet from a street, public way or way laid out on a recorded plan. The Board of Appeals may, by special permit, vary these requirements. 3. No trailer, trailer coach, trailer coach parks, mobile home, 3232. Mobile homes or trailers. No corporation, or other closed vehicle furnished for housekeeping and Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 13 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 person or persons, owners, lessees or other designed to be pulled behind another vehicle shall cause person in control of a trailer, trailer coach, trailer the same to be placed upon any premises in any district coach parks, mobile home or other closed vehicle in Tewksbury except when a residence destroyed by fire furnished for housekeeping and designed to be or natural disaster is being rebuilt in accordance with G.L. pulled behind another vehicle shall cause the c.40A, § 3. However, nothing in this section shall prevent same to be placed upon any premises in any the Building Commissioner from granting permission to district within the Town. Provided, however, in locate a mobile home or trailer home on a construction cases of emergency where a person or persons site for use as a temporary office for not more than 6 dwelling has become uninhabitable because of months. A recreational camper or mobile trailer used fire, hurricane, flood or other disaster, a mobile only for recreational purposes is a permitted accessory home or trailer home may be permitted on such residential use provided that it shall not be inhabited or premises for a period not to exceed twelve (12) used as a dwelling. [p.39] months for the purpose of allowing such person

or persons to live in while rebuilding or reconstructing their dwelling. Any such mobile home shall be subject to the provisions of the State and local sanitary codes and further provided, however, the Building Commissioner may grant permission to locate upon construction sites a mobile home or trailer home for use as an office without hearing for a period not to exceed six months, and further, provided, recreational campers and mobile trailers used only for recreational purposes shall be exempt from this section, but in no instance may such be inhabited or used as a dwelling. [p.16] 3233. Where accessory to a principal residential 5.4.5.D 4. Where accessory to a principal residential use, the use, the following are prohibited: following are prohibited: a. Commercial kennels; a. Commercial kennels; b. Contractor's yard for the storage of b. Contractor's yard for the storage of building materials, building materials, equipment, and/or equipment, and/or commercial vehicles over 10,000 commercial vehicles over 10,000 pounds; pounds; c. Commercial landscaping equipment, c. Commercial landscaping equipment, materials, Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 14 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 materials, supplies, and/or commercial supplies, and/or commercial vehicles over 10,000 vehicles over 10,000 pounds; pounds; d. Commercial auto repair or service. [p.16] d. Commercial auto repair or service. [p.39] 3300. HOME OCCUPATIONS 7.2 HOME OCCUPATION

3310 Home Occupation - As of Right. A home occupation A. In any Residential district, a customary home may be allowed as of right, provided that it: occupation, incidental to the principal residential use, 3311. is conducted solely within a dwelling and is permitted as of right only if all of the following solely by the person(s) occupying the dwelling as conditions are met: a primary residence; 1. No nonresident shall be employed therein;

3312. is clearly incidental and secondary to the 2. There shall be no stock in trade kept nor use of the premises for residential purposes; commodities sold on the premises except for goods 3313. does not produce offensive noise, produced by the owner of the business or by vibration, smoke, dust, odors, heat, lighting, immediate family members residing on the premises; electrical interference, radioactive emission or 3. Not more than 25% of the existing gross floor area of environmental pollution; the dwelling unit in the principal building, not to exceed 600 square feet, is devoted to such use; 3314. does not utilize exterior storage of material or equipment (including the parking of 4. There shall be no display of goods or wares visible commercial vehicles); from the street; 3315. does not exhibit any exterior indication of 5. All advertising devices visible from off the lot are its presence or any variation from residential specifically prohibited; appearance; 6. No equipment, machinery, or materials other than types normally found in or compatible with a 3316. does not produce any customer, pupil, dwelling shall be allowed; client, or delivery trips to the occupation site and 7. The buildings or premises occupied shall not have a has no nonresident employees; detrimental impact on the neighborhood due to 3317. is registered as a business with the Town exterior appearance, emission of odor, gas, smoke, Clerk. dust, noise, electrical disturbance, or in any other [pp.16, 17] way. In a structure containing more than one dwelling unit, the use shall not become objectionable or detrimental to any residential use within the

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 15 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 structure; 8. Any such building shall include no feature of design not customary in buildings for residential use; and, 9. The minimum required parking for the residential use shall not be reduced or made unusable by the home occupation. [pp.78, 79] 3320 Home Occupation - By Special Permit. A home B. Home Occupation by Special Permit. A home occupation may be allowed by special permit issued occupation may be allowed by special permit issued by the Board of Appeals, provided that it: by the Zoning Board of Appeals, provided that it: 3321. fully complies with Sections 3312, 3313, 1. Fully complies with subsections (A)(4), (A)(6), and 3314, and 3317, above. (A)(7) above; 2. Is conducted within a dwelling solely by the person(s) 3322. is conducted within a dwelling solely by the occupying the dwelling as a primary residence and, in person(s) occupying the dwelling as a primary addition to the residents of the premises, by not residence and, in addition to the residents of the more than one additional employee; premises, by not more than one additional 3. Does not exhibit any exterior indication of its employee; presence, or any variation from residential 3323. does not exhibit any exterior indication of appearance, except for a sign or name plate in its presence, or any variation from residential conformance with Section 6.2. appearance, except for a sign or name plate in 4. A special permit for such use is granted by the Zoning compliance with Section 5200; Board of Appeals, subject to conditions including, but not limited to, restriction of hours of operation, 3324. a special permit for such use is granted by maximum floor area, off-street parking, and the Board of Appeals, subject to conditions maximum number of daily customer vehicle trips. including, but not limited to, restriction of hours Such special permit shall be limited to 5 years, or the of operation, maximum floor area, off-street transfer of the property, whichever first occurs. parking, and maximum number of daily customer [p.79] vehicle trips. Such special permit shall be limited to five years, or the transfer of the property, whichever first occurs. [p.17] 3400. FAMILY SUITE 7.1 FAMILY SUITE

3410. Family Suite. A Family Suite is allowed as an A Family Suite is allowed as an accessory use in a single- accessory use, attached to a single family family dwelling in R40, F, TD, MF and VR districts in Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 16 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 dwelling in R40, R80, FA, TR and LB zones accordance with the following requirements. Except as including Cluster Developments, in noted, these requirements are not subject to relief through a accordance with the below listed (1-17) variance. requirements. Except as noted, these requirements are not subject to relief through a variance. (1) A Family Suite that contains not more than A. A family suite may have a maximum floor area not to 800 square feet of floor area, nor more than exceed 1000 square feet upon approval by the Planning one (1) bedroom, may be allowed as of right, Board through Site Plan Review. or, at the option of the Owner, may be allowed by special permit from the Planning Board. (2) A Family Suite may be enlarged to a maximum B. Common entries and open decks shall not be floor area not to exceed 1,000 feet upon the included in the square footage calculation of the family suite. issuance of a Special Permit by the Planning Board. C. A family suite can have a maximum of 2 bedrooms. (3) Common entries and open decks shall not be included in the square footage calculation of D. The family suite shall be contiguous with the single- the Family Suite. family dwelling with direct access or connected with a (4) A Family Suite shall not contain more than one common closed entry. (1) bedroom, unless a Special Permit for a second bedroom is issued by the Planning E. The family suite shall not have its own front door, Board prior to occupancy. In no case shall a however, it may have a side or rear exit with an open deck Family Suite have more than two (2) and egress. bedrooms. (5) The Family Suite shall be contiguous with the F. Any structural addition of a family suite must meet all single family dwelling with direct access or front, side, and rear setbacks and lot coverage requirements connected with a common closed entry. for the district unless variances are granted by the ZBA in (6) The Family Suite shall not have its own front accordance with G.L. c. 40A, § 10. door, however, it may have a side or rear exit with an open deck and egress. G. No more than 3 related persons shall occupy the (7) Any structural addition of a Family Suite must family suite. meet all front, side and rear setbacks and lot

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 17 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 coverage requirements for the zone unless H. A minimum of one additional off-street parking space variances are granted by the Tewksbury shall be provided, but a separate driveway is not permitted. Zoning Board of Appeals in accordance with MGL § 40A. I. Annual certification by notarized affidavit shall be (8) No more than three (3) related persons shall provided to the Building Commissioner that the owner of the occupy the Family Suite. property, except for bona fide temporary absence, occupies (9) A minimum of one additional off-street one of the two dwelling units as a primary residence. Failure parking space shall be provided, however, a to provide a certified affidavit on an annual basis shall be separate driveway is not permitted. sufficient cause for the Planning Board to revoke Site Plan (10) Annual Certification by notarized affidavit Review. In the case of a family suite unit approved as of right, shall be provided to the Building failure to provide a certified affidavit on an annual basis shall Commissioner that the owner of the property, represent sufficient cause for the Building Commissioner to except for bona fide temporary absence, issue a Notice of Zoning Violation to the owner and to occupies one of the two dwelling units as a undertake such remedial action as the Building primary residence. In the case of a Family Commissioner may determine is necessary. Suite Unit approved by special permit, failure to provide a certified affidavit on an annual J. The property with a family suite must comply with basis shall represent sufficient cause for the Title V of the State Environmental Code. Hook-up to Town Planning Board to revoke any special permit sewer shall be required if the service is available and, if not, approved by it. In the case of a Family Suite as soon as Town sewer becomes available. Unit approved as of right, failure to provide a certified affidavit on an annual basis shall K. Only one family suite may be constructed in any represent sufficient cause for the Building dwelling. Commissioner to issue a Notice of Zoning Violation to the said owner and to undertake L. The Planning Board may impose any conditions it such remedial action as the Building deems appropriate to satisfy the Town’s interest in limiting Commissioner may, in his discretion, the number and degree of persons who may occupy a family determine. suite at any one time, together with such other conditions as (11) The Family Suite shall be subject to review and it may deem appropriate, if any, including but limited to, approval by the Board of Health as to sanitary provisions calling for the termination of the special permit wastewater disposal in full conformance with and all rights granted thereunder in the event of a the provisions of 310 CMR 15.00 (Title V of the foreclosure sale of the premises for which the special permit State Environmental Code). The Family Suite has been granted by a mortgagee or any lien holder of record

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 18 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 shall be required to hook-up to town sewer if with priority over the special permit. available and, if not, as soon as town sewer is available. M. Notwithstanding anything else contained in this (12) Only one Family Suite may be constructed Bylaw to the contrary, if the owner or a child of the owner onto any dwelling. has a disability and requires assistance with Activities of Daily (13) In the case of a Family Suite Unit approved by Living (ADLs), the family suite may be occupied by a personal special permit, the Planning Board may care attendant who need not be related to the owner. In impose such conditions on the special permit such case, a letter from a licensed physician, verifying the as it may deem appropriate to satisfy the disability and the need for assistance with ADLs shall be Town’s interest in limiting the number and submitted to the Building Commissioner. degree of persons who may occupy a Family Suite Unit at any one time, together with such N. The Planning Board may impose such special other conditions as it may deem appropriate, conditions, safeguards, and limitations on time and if any, including but limited to, provisions use as it deems appropriate. calling for the termination of the Special Permit and all rights granted thereunder in [pp.77, 78] the event of a foreclosure sale of the premises for which the Special Permit has been granted by a Mortgagee or any lien holder of record with priority over said Special Permit. (14) In the case of a Family Suite Unit as of right, Subordination Agreements (as required) and Restriction Agreements shall be completed by the applicant, submitted to the Building Commissioner, then approved and recorded at the Middlesex North Registry of Deeds by Town Counsel (15) Notwithstanding anything else contained herein to the contrary, nothing herein shall be construed as to require a Family Suite to be under its own roof. (16) Notwithstanding anything else contained in the Zoning By-Law to the contrary, if the

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 19 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 owner, or a child of the owner, is disabled and requires assistance with Activities of Daily Living (ADL’s) then the other dwelling unit may be occupied by a Personal Care Attendant (P.C.A.) who need not be related to the owner In such case, a letter from a licensed physician, verifying the disability and the need for assistance with ADL’s is to be submitted to the Building Commissioner. (17) The Planning Board may impose such special conditions, safeguards and limitations on time and use as it deems appropriate. [pp.17-19] 3500 ACCESSORY STRUCTURES 3510 Permitted Accessory Structures. The following accessory structures are permitted in all districts: 5.3.1.E 1. 3511. An accessory building not more than 20 An accessory building or structure shall not exceed 1-1/2

feet in height above the average grade level stories nor 20 feet in height above the average grade

around the structure. Accessory buildings shall around the structure.

not be more than one and one-half (1-1/2) stories

and shall not be habitable.

3512. Fences of a height not to exceed six (6) feet 5. Fences not exceeding six feet and flag poles not exceeding and flag poles of a height not to exceed 20 feet 20 feet shall be exempt from the setback requirements of shall be exempt from the setback requirements of this Section. Fences that serve as a buffer between this Section. Fences that serve as a buffer abutting residential and industrial /commercial uses and between abutting residential and industrial between industrial and commercial uses may exceed six /commercial uses and between industrial and feet with approval of the Planning Board and are not commercial uses may exceed six feet and are not subject to setback requirements. In no event shall a subject to setback requirements upon approval of fence over six feet in height be permitted on a residential the Planning Board. A building permit is required property abutting another residential use. for a fence exceeding six feet. Any fence or [p.33] flagpole erected prior to enactment of this By-Law

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 20 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 may be repaired or replaced to original configuration and location. 5.4.5.B 3513. A satellite dish for reception of microwave 3. A satellite dish for reception of microwave signals from

signals from geostationary satellites is allowed geostationary satellites is allowed subject to the following

subject to the following regulations: regulations:

a. The satellite dish shall consist of a parabolic a. The satellite dish shall consist of a parabolic reflector reflector (microwave dish) with a microwave (microwave dish) with a microwave receiver at the receiver at the reflector focus. Satellite dishes reflector focus. Satellite dishes are permitted in any are permitted in any district provided that district provided that they shall not exceed two feet such dish shall not exceed two feet in in diameter. In districts other than R40 a satellite dish diameter. In districts other than the R40 and larger than two feet in diameter may be authorized R80, a satellite dish larger than two feet in by special permit from the ZBA. diameter may be authorized by special permit from the Board of Appeals. b. The satellite dish shall be permanently b. The satellite dish shall be permanently mounted on mounted on the ground on a concrete slab or the ground on a concrete slab or piers and set back piers and set back from lot lines as an from lot lines as an accessory structure in accessory structure in conformance with this conformance with this Bylaw; By-Law; c. The manufacturer or a structural engineer shall c. The manufacturer or a structural engineer certify to the Building Department that the satellite shall certify to the Building Department that dish and its support is satisfactory to withstand wind the satellite dish and its support is satisfactory speeds to 100 miles per hour without being carried to withstand wind speeds to 100 miles per away; hour without being carried away; d. The antenna and its base shall not be located in the d. The antenna and its base shall not be front yard or within 50 feet of any public way. located in the front yard or within 50 feet of any public way. e. For lots 20,000 square feet or less, the Building Commissioner shall require screening such as fences e. For lots 20,000 square feet or less, the or shrubs where the antenna is visible from abutting Building Commissioner shall require screening lots. such as fences or shrubs where the antenna is [p.38] visible from abutting lots. Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 21 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 3514. Swimming pools, game courts, and the like 5.3.1.E 6. Swimming pools, game courts, and the like are accessory are accessory structures and shall comply with the structures and shall comply with the State Building Code State Building Code and all applicable setback and all applicable setback requirements of this Bylaw. requirements of this Zoning By-Law. [p.19] [p.33] 3520 Prohibited Accessory Structures. The following 5.4.5.D 1. A "truck box", “conex box", or steel storage unit shall not accessory structures are prohibited in all districts: be deemed a permissible accessory structure or use. 3521. A "truck box" shall not be deemed to [p.39] constitute a permissible accessory structure or use. 3522. A "conex box" shall not be deemed to constitute a permissible accessory structure or use. 3523. A steel storage unit shall not be deemed to constitute a permissible accessory structure or use. [pp.19, 20] 3600 NONCONFORMING USES AND STRUCTURES 8.1 NONCONFORMING USES AND STRUCTURES 3610. Applicability. This Zoning By-law shall not 8.1.1.A Applicability apply to structures or uses lawfully in existence or This Bylaw shall not apply to structures or uses lawfully in lawfully begun, or to a building or special permit existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the issued before the first publication of notice of the public public hearing required by M.G.L. c. 40A, s. 5 at which hearing required by G.L. c. 40A, § 5 on this Zoning Bylaw, or this Zoning By-law, or any relevant part thereof, was any relevant part thereof. Lawfully pre-existing adopted. Such prior, lawfully existing nonconforming nonconforming uses and structures may continue, provided uses and structures may continue, provided that no that no modification of the use or structure shall be allowed modification of the use or structure is accomplished, unless authorized under this Section 8.1. unless authorized hereunder. [p.20] [p.85] 3620. Nonconforming Uses. The Board of Appeals 8.1.1.B Nonconforming Uses. The ZBA may issue a special permit to may issue a special permit to extend a extend a nonconforming use only if it determines that the nonconforming use in only if it determines that such change or extension shall not be substantially more change or extension shall not be substantially more detrimental than the existing nonconforming use to the

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 22 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 detrimental than the existing nonconforming use to neighborhood. The ZBA shall not allow an existing the neighborhood. The Board of Appeals shall not nonconforming use to be changed to another nonconforming allow an existing nonconforming use to be changed to use. [p.86] another nonconforming use. [p.20] 3630. Nonconforming Structures. The Board of 8.1.1.C Nonconforming Structures. The ZBA may issue a special Appeals may issue a special permit to reconstruct, permit to reconstruct, extend, alter, or change a extend, alter, or change a nonconforming structure nonconforming structure only if it determines that such only if it determines that such reconstruction, reconstruction, extension, alteration, or change shall not be extension, alteration, or change shall not be substantially more detrimental than the existing substantially more detrimental than the existing nonconforming structure to the neighborhood. [p.86] nonconforming structure to the neighborhood. [p.20] 3640. Variance Required. The reconstruction, 8.1.1.D Variance Required. The reconstruction, extension, or extension or structural change of a nonconforming structural change of a nonconforming structure in such a structure in such a manner as to increase an existing manner as to increase an existing nonconformity, or create a nonconformity, or create a new nonconformity, new nonconformity, including the extension of an exterior including the extension of an exterior wall at or along wall at or along the same nonconforming distance within a the same nonconforming distance within a required required yard, shall require the issuance of a variance from yard, shall require the issuance of a variance from the the ZBA; provided, however, that this provision shall not Board of Appeals; provided, however, that this apply to nonconforming single-family and two-family provision shall not apply to nonconforming single and residential structures, which shall be governed by Section two family residential structures, which shall be 8.1.2 below. governed by Section 3650, below. [p.20] [p.86] 3650. Pre-Existing Nonconforming Single and Two 8.1.2.A Pre-Existing Nonconforming Single and Two Family Family Residential Structures. Residential Structures Pre-Existing Nonconforming single and two family Pre-Existing Nonconforming single-family and two-family residential structures may be reconstructed, residential structures may be reconstructed, extended, extended, altered, or structurally changed upon the altered, or structurally changed upon the issuance of a issuance of a building permit after a determination by building permit if the Building Commissioner determines that the Building Commissioner that such proposed the proposed reconstruction, extension, alteration, or reconstruction, extension, alteration, or change does change does not increase the nonconforming nature of the not increase the nonconforming nature of said structure. The following 5 conditions shall not be deemed to structure. The following five (5) conditions shall not increase the nonconforming nature of a single-family or two-

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 23 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 be deemed to increase the nonconforming nature of family residential structure and shall be used in the Building said structure and shall be used in the Building Commissioner’s determination. Commissioner’s determination. 1. Any reconstruction, extension, alteration or 1. Any reconstruction, extension, alteration, or change change to a structure which complies with all to a structure which complies with all current current setback, yard, building coverage, and setback, yard, building coverage, and building height building height requirements but is located on a lot requirements but is located on a lot with insufficient with insufficient area, where the reconstruction, area, where the reconstruction, extension, or extension or alteration or change will also comply alteration or change will also comply with all of with all of said current requirements. current requirements of this Bylaw. 2. Any reconstruction, extension, alteration or 2. Any reconstruction, extension, alteration, or change change to a structure which complies with all to a structure which complies with all current current setback, yard, building coverage, and setback, yard, building coverage, and building height building height requirements but is located on a lot requirements but is located on a lot with insufficient with insufficient frontage, where the frontage, where the reconstruction, extension, or reconstruction, extension or alteration or change alteration or change will also comply with all current will also comply with all of said current requirements of this Bylaw. requirements. 3. Any reconstruction, extension, alteration, or change 3. Any reconstruction, extension, alteration or to a structure which encroaches upon one or more change to a structure which encroaches upon one required yard or setback areas, where the or more required yard or setback areas, where the reconstruction, extension or alteration or change will reconstruction, extension or alteration or change comply with all current setback, yard, building will comply with all current setback, yard, building coverage, and building height requirements; the coverage and building height requirements; the provisions of this subsection shall apply regardless of provisions of this subsection shall apply regardless whether the lot complies with current area and of whether the lot complies with current area and frontage requirements. frontage requirements. 4. Any extension, alteration, or change to the side or 4. Any extension, alteration or change to the side face of a structure which encroaches upon a required or face of a structure which encroaches upon a yard or setback area, where the extension or required yard or setback area, where the extension alteration or change will not encroach upon such area or alteration or change will not encroach upon such to a distance greater than the existing structure; the area to a distance greater than the existing provisions of this subsection shall apply regardless of structure; the provisions of this subsection shall whether the lot complies with current area and

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 24 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 apply regardless of whether the lot complies with frontage requirements. The setbacks for this current area and frontage requirements. The provision shall not be less than 25 feet on the front setbacks for this provision shall not be less than and 10 feet on the side and rear. 25ft. front and 10ft. side and rear. 5. Any extension, alteration, or change to a 5. Any extension, alteration or change to a nonconforming structure which will not increase the nonconforming structure which will not increase footprint of the existing structure provided that the footprint of the existing structure provided that existing height restrictions shall not be exceeded. The existing height restrictions shall not be exceeded. setbacks for this provision shall not be less than 25 The setbacks for this provision shall not be less than feet on the front and 10 feet on the side and rear. 25ft. front and 10ft. side and rear. [pp.20, 21] [p.86]

3651. In the event that the Building Commissioner 8.1.2.B If the Building Commissioner determines that the determines that the nonconforming nature of such nonconforming nature of the structure would be increased structure would be increased by the proposed by the proposed reconstruction, extension, alteration, or reconstruction, extension, alteration, or change, the change, the ZBA may allow the proposed reconstruction, Board of Appeals may, by special permit, allow such extension, alteration, or change if it finds that the proposed reconstruction, extension, alteration, or change modification will not be substantially more detrimental to where it determines that the proposed modification the neighborhood than the existing nonconforming will not be substantially more detrimental than the structure. existing nonconforming structure to the [p.87] neighborhood. [p. 21] 3660. Abandonment or Non-Use. A nonconforming 8.1.4 Abandonment or Non-Use use or structure which has been abandoned, or not A. A nonconforming use or structure which has been used for a period of two years, shall lose its protected abandoned or not used for a period of 2 years shall lose status and be subject to all of the provisions of this its protected status and be subject to all provisions of this Zoning By-law. Zoning Bylaw. B. A nonconforming use shall be considered abandoned [p. 21] when the premises have been devoted to another use, or when the characteristic equipment and the furnishing of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 2 years unless other facts show intention to resume the nonconforming use. [p.87]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 25 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 3670. Reconstruction after Catastrophe or 8.1.5 Reconstruction after Catastrophe or Demolition Demolition. A nonconforming structure may be A nonconforming structure may be reconstructed after a reconstructed after a catastrophe or after demolition, catastrophe or after demolition, provided that the owner provided that the owner shall apply for a building shall apply for a building permit and start operations for permit and start operations for reconstruction on said reconstruction on the premises within 2 years after the premises within two years after such catastrophe or catastrophe or demolition, and provided that the building(s) demolition, and provided that the building(s) as as reconstructed shall be only as great in volume or area as reconstructed shall be only as great in volume or area the original nonconforming structure or provided that the as the original nonconforming structure or provided building meets all applicable requirements for yards, setback, that the building meets all applicable requirements and height. In the event that the proposed reconstruction for yards, setback, and height. In the event that the would cause the structure to exceed the volume or area of proposed reconstruction would cause the structure to the original nonconforming structure or exceed applicable exceed the volume or area of the original requirements for yards, setback, and/or height, a special nonconforming structure or exceed applicable permit shall be required from the ZBA. requirements for yards, setback, and/or height, a [p. 87] special permit shall be required from the Board of Appeals. [p. 21] 3680. Reversion to Nonconformity. No 8.1.6 Reversion to Nonconformity nonconforming use shall, if changed to a conforming No nonconforming use shall, if changed to a conforming use, use, revert to a nonconforming use. [p. 21] revert to a nonconforming use. [p.87] SECTION 4000. DIMENSIONAL REGULATIONS 5 DISTRICT REGULATIONS 4100 GENERAL. No structure shall be erected or used, 5.1 GENERAL PROVISIONS premises used, or lot changed in size or shape except No building or structure shall be erected and no building, in conformity with the requirements of this section, structure, land, or water area shall be used for any purpose unless exempted by this By-Law or by statute. [p.22] or in any manner except in accordance with this Bylaw. p.30] 4110 One Structure per Lot. Except as otherwise 5.3 COMMUNITY DESIGN, DIMENSIONAL, AND DENSITY provided herein, not more than one principal REQUIREMENTS structure may be placed on any lot. 5.3.1.A General Requirements [p. 22] 1. Except as otherwise provided in this Bylaw, not more than one principal structure may be placed on any lot. [p.32]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 26 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Change of Lot. No existing conforming or 3. No existing conforming or nonconforming lot shall be nonconforming lot shall be changed in size or shape changed in size or shape except through a public land except through a public land taking or donation for taking or donation for road widening, drainage, or utility road widening, drainage, or utility improvements or improvements or except where otherwise permitted except where otherwise permitted herein, so as to herein, so as to create a nonconformity or increase the create a nonconformity or increase the degree of degree of nonconformity that presently exists. If land is nonconformity that presently exists. If land is subdivided, conveyed, or otherwise transferred in subdivided, conveyed, devised or otherwise violation of this Section 5, no building or other permit transferred in violation hereof, no building or other shall be issued for the transferred land until the lot permit shall be issued with reference to said retained meets the requirements of this Bylaw. [p.32] transferred land until the lot retained meets the requirements of this By-Law. [p. 22] 4130 Table of Dimensional Requirements. See Appendix B.

4131. Lots of 10,000 square feet or less upon 5.3.1.A 4. Lots of 10,000 square feet or less on which the existing which the existing primary residence was erected primary residence was erected prior to March 18, 1992, prior to March 18, 1992, may reduce the fifteen

foot (15’) side and rear setback requirement to may reduce the 15-foot side and rear setback

ten feet (10’) providing proof is submitted to the requirement to 10 feet providing proof is submitted to

Building Commissioner that the lot existed prior the Building Commissioner that the lot existed prior to

to the acceptance of Master Zoning (March 18, March 18, 1992. [p.32] 1992.)

4132. Pre-existing non-conforming residential 5.3.2 Residential Districts Footnote C: For a lawfully preexisting lots (R-40, R-80, TR) of 15,000 square feet or lot with 15,000 square feet or less of land, the maximum less shall be allowed to have a maximum lot building coverage shall be 20 %. coverage of up to 20%. [p.34] (p. 22) 4140 Dimensional Table Interpretation. 5.3.1.B 4141. The front yard setback shall be measured from 1. The front yard setback shall be measured from the front any structure to the established street line. All building line of any structure to the street line. structures on streets less than 40 feet wide shall be 2. Side and rear yards shall be measured from any structure 45 feet minimum from the street centerline. Side and used for a principal use to the nearest lot line, except where the lot line is a street, i.e., a corner lot. In this Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 27 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 rear yards shall be measured from any structure used case, the side setback shall be as required for front yard for a principal use to the nearest lot line, except setback. [pp.32] where the lot line is a street. In this case, the setback shall be as required for front yard setback. [p. 22] 4142 Accessory Dimensional Requirements. No 5.3.1.E 2. No accessory building or structure, except a permitted accessory building or structure, except a sign or roadside stand, shall be located within a required permitted sign or roadside stand, shall be located front yard setback. [p.33] within a required front yard setback. [p. 22] 4143 A detached accessory building or structure shall be 3. A detached accessory structure shall be located on the located on the same lot and behind the front line of same lot and behind the front building line of the the principal building, provided that not more than principal building; and further, it shall not be located twenty-five (25) percent of the required yard area nearer than 10 feet from the principal building and shall shall be so occupied, and further provided that an be located at least 10 feet from any side or rear lot line. accessory structure shall not be located nearer than [p.33] ten (10) feet from the principal building and at least ten (10) feet from any side or rear lot line. [p. 22] 4144 An accessory building attached to its principal 4. An accessory building attached to its principal building or building or within ten (10) feet of it shall be within 10 feet of it shall be considered an integral part considered an integral part thereof and as such thereof and as such shall be subject to the front, side, shall be subject to the front, side, and rear yard and rear yard requirements applicable to the principal requirements applicable to the principal building. building. [p. 22] [p.33] 4145 In all districts, no lot shall be less than forty feet 5.3.1.A 2. No structure may be constructed on any lot that does in width in any location except in a portion of the not have an area in which a circle, the diameter of which lot where two lines meet at a point. In addition is 80 percent of the minimum lot frontage, tangent to no lot shall have more than one foot of perimeter the lot frontage and within all other lot lines, may be for every "Z" square feet of lot area, where "Z" is located. determined by the following: [p.32] a. Lot size of one acre or larger, but less than two acres; Z = 39.6 b. Lot size two acres or larger, but less than

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 28 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 three acres; Z = 55.9 c. Lot size three acres or larger, but less than four acres; Z = 68.5 d. Lot size four acres or larger, but less than five acres; Z = 79.1 e. Lot size five acres or larger, but less than seven acres; Z = 88.4 f. Lot size seven acres or larger, but less than ten acres; Z = 104.6 g. Lot size ten acres or larger; Z = 125.0 [pp. 22, 23] 4146 The limitations in height in feet shall not apply to 5.3.1.C Building Height. The limitations on height in feet shall not chimneys, ventilators, skylights, tanks, bulkheads, apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses and other necessary features usually penthouses, towers, and other building features usually carried above roofs, nor to towers or spires of carried above roofs if these features are not used for living churches and other buildings, if such features are in purposes; provided, however, that the ZBA may grant a no way used for living purposes; provided, however, special permit for features higher than 50 feet. This that any such features shall be allowed higher than 50 provision shall not apply to wireless communications feet only upon the issuance of a special permit from facilities under the Federal Telecommunications Act or to the Board of Appeals. This provision shall not apply spires or steeples associated with a religious use. to wireless communications facilities under the [pp. 32,33] Federal Telecommunications Act. [p.23] 4147 On corner lots, no structures, fence, tree or shrub 5.3.1.D Corner Lot Clearance. On corner lots, no structures, fence, shall prevent vision clearance in the space between tree or shrub shall prevent vision clearance in the space two (2) and eight (8) feet above ground and such between two and eight feet above ground, and these provisions shall apply to the space between the provisions shall apply to the space between the corner and corner and the line joining the two points fifteen (15) the line joining the two points 15 feet from the corner, feet from the corner, measured on the lot lines.[p.23] measured on the lot lines. [p.33] 4148 Not less than 50% of any minimum lot area required 5.3.1.A 5. Not more than 50% of the required minimum lot area shall in the district the lot is located shall be contiguous be a wetland resource area subject to protection under uplands as defined by M.G.L. c. 131, s. 40. Proposed G.L. c. 131, § 40. Proposed structures shall be located on structures shall be located on said uplands. [p.23] the upland portion of the lot. [p.32]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 29 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 4200 SPECIAL DIMENSIONAL REGULATIONS 4210 Commercial District, Heavy Industrial and Heavy 5.3.3.B 2. Structures may be allowed in the Business Districts in Industrial 1 Districts. Structures may be allowed in excess of 35 feet or two and one-half stories by special excess of 35 feet or two and one-half stories in the permit from the Planning Board. In no event shall a special Commercial District and Heavy Industrial and Heavy permit be issued for structures exceeding 60 feet or 5 Industrial 1 Districts upon the issuance of a special stories. permit from the Planning Board. In no event shall a [p.35] special permit be issued for structures in excess of 60 5.3.4 Footnote B: Except that in the I1 and I2 districts, the Planning feet or 5 stories. Board may grant a special permit to increase the maximum

4211. No automobile sales agency or any retail building height to five stories and 60 feet. [p.36] business establishment catering principally to the 5.3.3.B automobile trade, shall locate any stands or 3. No automobile sales agency or any retail business structures less than 50 feet from any established establishment catering principally to the automobile trade street line, except for signs as regulated shall locate or park any motor vehicle(s) less than 15 feet elsewhere in this By-Law. No automobile sales from any property line or locate any stands or structures less agency or any retail business establishment than 50 feet from any established street line, except for signs [p.35, 36] catering principally to the automobile trade shall as regulated elsewhere in this Bylaw. locate nor park any motor vehicle(s) less than 15 feet from any property line. [p.23] 4220 Heavy Industrial District. The minimum side rear- 5.3.4 (Footnote A) yard setbacks for all buildings shall be fifty (50) feet Where lots abut the R40 district, the minimum side and rear except where said lots abuts an R40 or R80 Zone in setback shall be 100 feet. which case the side and rear-yard setbacks shall be [p.36] one hundred (100) feet minimum; provided, however, that this provision shall not be construed to regulate lots across a public way from lots located in the R40 or R80 Zone. [p.23] 4230 Multiple Principal Structures. Except in the 5.3.3.B 4. More than one principal nonresidential structure may be residential districts, more than one principal erected on a lot by special permit from the Planning nonresidential structure may be erected on a lot, Board, subject to Section 3.4 of this Bylaw and the pursuant to a special permit issued by the Planning following conditions: Board in accordance with Section 9300 herein and a. No principal building shall be located in relation to Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 30 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 the following conditions: another principal building on the same lot, or on an adjacent lot, so as to cause danger from fire; 4231. No principal building shall be located in relation to another principal building on b. All principal buildings on the lot shall be served by the same lot, or on an adjacent lot, so as access ways suitable for fire, police, and emergency to cause danger from fire; vehicles; c. All of the multiple principal buildings on the same lot 4232. All principal buildings on the lot shall be served by access ways suitable for fire, shall be accessible via pedestrian walkways connected police, and emergency vehicles; to the required parking for the premises, and to each principal building. [p. 36] 4233. All of the multiple principal buildings on the same lot shall be accessible via pedestrian walkways connected to the required parking for the premises, and to each principal building. [pp.23, 24]

4240 Single Family Structure Located In Commercial and [Proposed bylaw does not allow this type of use in Industrial Districts. A single-family building designed Commercial or Industrial Districts—Appendix A Table of Uses] exclusively for residential occupancy may be allowed in a Commercial (COM) District or Heavy Industrial (HI) District upon the issuance of a special permit from the Planning Board; provided, however, the Planning Board, after hearing and as a condition precedent to the granting of such special permit, shall find that the lot in question was in existence and on record on or before the date of adoption of this Section 4240; that said lot was clearly defined; not held in common ownership; and, conformed to the then existing zoning at the time of said recording or endorsement and continues to so conform or is otherwise determined to be legally “non-conforming” by written notification from the Building Commissioner. The provisions of this Section 4240 shall not apply to any lot created by any means whatsoever from and after said date of adoption,

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 31 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 meaning and intending that only one (1) single-family building may be constructed on said lot. The dimensional requirements for the proposed single family building as permitted under this section shall comply with the dimensional requirements as listed in Appendix B-Table of Dimensional Requirements for R40 rather than the dimensional requirements of the Commercial or Industrial District in which the lot is located. [p.24] SECTION 5000. GENERAL REGULATIONS 6 SITE DEVELOPMENT STANDARDS 5100 PARKING AND LOADING REQUIREMENTS 6.1 OFF-STREET PARKING AND LOADING AREA REQUIREMENTS Purposes 5110. General. No building or structure shall be 6.1.1 located upon any lot and no activity shall be The purposes of this Section 6.1 are to:

conducted upon any lot unless the required parking A. Provide for safe and convenient vehicular parking areas

facilities are provided on site in accordance with this and delivery areas; and,

section. B. Promote safety for pedestrians, bicyclists, motor vehicle occupants, and property and business owners. 5111. Change of use. The use of any land or Applicability structure shall not be changed from a use 6.1.2 A. Required Parking. No building or structure shall be described in one section of the Schedule of Uses located upon any lot and no activity shall be conducted to a use described in another section of the upon any lot unless the required parking facilities are Schedule nor shall any net floor area of the provided on site or as otherwise provided in accordance building be increased in any manner unless the with this section. number of parking spaces for the new use are B. Change of use. The use of any land or structure shall not provided. be changed from a use described in one section of the 5112. Undetermined uses. In the case where the Appendix A, Table of Uses to a use described in another use of the building(s) has not been determined at section of the Table of Uses, nor shall any net floor area the time of application for a building permit or of the building be increased in any manner unless the special permit, the parking requirements number of parking spaces for the new use are provided. applicable to the most intensive use allowed in C. Undetermined uses. In the case where the use of the the zoning district, which such undetermined use building(s) has not been determined at the time of is to be located, shall apply. application for a building permit or special permit, the parking requirements applicable to the most intensive Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 32 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 use allowed in the zoning district where the [p.25] undetermined use is to be located shall apply. D. Town Center. Where any provisions of this Section 6.1 conflict with Section 6.4, Town Center Development Standards, the latter shall control. [pp.51, 52]

5120 Relief from Parking Regulations by Special Permit 6.1.5 Parking Requirement Relief from the Planning Board. Should an applicant The Planning Board may by special permit authorize a request relief only from parking requirements, and decrease in the number of parking spaces required to be not under Section 9415 of this Bylaw, the Planning provided under this Section provided that: Board, by special permit, may authorize a decrease in the number of parking spaces required hereunder A. The decrease in the number of parking spaces is no more provided that: than 30 percent of the total number of spaces required. 5121. The decrease in the number of parking The number of parking spaces approved for a decrease spaces is no more than 30% of the total number shall be set aside and shall not be required to be of spaces required hereunder. The waived parking immediately provided. These spaces shall be labeled as spaces shall be set aside and shall not be intended "Reserve Parking" on the site plan. for immediate construction. Such spaces shall be labeled as "Reserve Parking" on the site plan. B. Any decrease in the number of required parking spaces shall be based upon documentation of a special nature of 5122. Any such decrease in the number of a use or building. required parking spaces shall be based upon documentation of a special nature of a use or C. The parking spaces labeled "Reserve Parking” on the site building. plan shall be properly designed as an integral part of the 5123. Reserved overall parking layout, located on land suitable for parking development and in no case located within an 5124. The parking spaces labeled "Reserve area counted as buffer, parking setback, or open space. Parking” on the site plan shall be properly designed as an integral part of the overall parking layout, located on land suitable for parking D. The decrease in the number of required spaces will not development and in no case located within an create undue congestion or traffic hazards and that relief area counted as buffer, parking setback or open may be granted without substantial detriment to the space. neighborhood and without derogating from the intent

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 33 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 5125. The decrease in the number of required and purpose of this Bylaw. spaces will not create undue congestion or traffic hazards and that such relief may be granted E. If, at any time after the Certificate of Occupancy is issued without substantial detriment to the for the building or use, the Building Commissioner neighborhood and without derogating from the determines that additional parking spaces are needed, intent and purpose of this By-Law. the Commissioner shall notify the Planning Board, in 5126. If, at any time after the Certificate of writing, of that finding and the Planning Board may Occupancy is issued for the building or use, the require that all or any portion of the spaces shown on the Building Commissioner determines that additional approved site plan as "Reserve Parking" be constructed. [p. 55] parking spaces are needed, the Commissioner shall notify the Planning Board, in writing, of such finding and the Planning Board may require that all or any portion of the spaces shown on the approved site plan as "Reserve Parking" be constructed. [p.25] 5130 Table of Parking Requirements. Except where a 6.1.3 Off-Street Parking Requirements special permit authorizes reduced parking as set forth A. Minimum Number of Spaces. The minimum number above, the number of parking spaces shall be as of off-street parking spaces shall be provided in accordance required in the Table of Parking Requirements, with the Table of Parking Requirements below, except where Appendix C. determined otherwise by this Bylaw. TABLE OF PARKING REQUIREMENTS

5131. Comparable use requirement. Where a B. Parking for Unspecified Uses. Off-street parking use is not specifically included in the Schedule of requirements for a use not specifically listed below shall be Uses, it is intended that the regulations for the as determined by the Building Commissioner based on a most nearly comparable use specified shall apply. listed use of similar characteristics of parking demand generation. For projects subject to Site Plan Review or requiring a special permit, the determination shall be made by the Planning Board. [p.52] 6.1.4. Mixed Use Requirements 5132. Mixed use requirement. In the case of In the case of mixed uses, the requirements shall be the sum mixed uses, the requirements shall be the sum of of the requirement calculated separately for each area of Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 34 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 the requirement calculated separately for each use, so that adequate space shall be provided to area of use, so that adequate space shall be accommodate the cars of all persons on the premises at any provided to accommodate the cars of all persons one time. Parking spaces for one use shall not be considered on the premises at any one time. Parking spaces as providing the required spaces for any other use, except for one use shall not be considered as providing when it can be clearly demonstrated that the need for the required spaces for any other use, except parking occurs at different times in accordance with Section when it can be clearly demonstrated that the 6.1.6.B. need for parking occurs at different times. [pp.25, [p.52] 26] 5140 Standard Car Parking Dimensional Regulations. 6.1.7 Parking Dimensions Off-street parking facilities shall be laid out and Off-street parking facilities shall be laid out and striped in striped in compliance with the following minimum compliance with the following minimum provisions: provisions: ANGLE OF WIDTH PARKIN WIDTH OF ANGLE OF WIDTH OF PARKING WIDTH OF PARKING OF G STALL MANEUVERING PARKING PARKING STALL MANEUVERING AISLE (degrees) STALL (ft.) LENGTH (ft.) (degrees) PARKING LENGT AISLE (ft.) OF LINE STALL H OF (ft.) (ft.) LINE (ft.) 90 (two-way) 9.5 18.5 24 90 (two-way) 9.5 18.5 24 60 (one-way) 10.4 22.0 18 45 (one-way) 12.7 25.0 14 60 (one-way) 9.5 24.0 18 Parallel (one- 8.0 22.0 14 45 (one-way) 9.5 28.0 14 way) Parallel 8.0 22.0 18 Parallel (one- 8.0 22.0 14 (two-way) way) [p.26] Parallel (two- 8.0 22.0 18 way)

[p.56] 5150 Reserved Residential Parking Facilities & Driveway Requirements. 5160 Design Requirements for Residential Parking 6.1.9 Facilities. A. Tandem Spaces. One parking space may be provided 5161. One parking space may be provided directly behind another for each dwelling unit, directly behind another for each dwelling unit, provided that each stall shall meet the width and

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 35 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 provided that each stall shall meet the width and depth requirement of Section 6.1. Parking stalls more depth requirement and in no case shall such than two deep shall not consider the spaces that are stalls, which are more than two deep, be in addition to the two spaces in computing the considered in computing the required parking. required parking. 5162. Each driveway shall service not more than B. Driveways. Each driveway shall service not more than one lot. Subject to the granting of a special one lot. Subject to the granting of a special permit permit from the Planning Board, a driveway may from the Planning Board, a driveway may be shared be shared by not more than two lots. Each shared by not more than two lots. Each shared driveway driveway shall be governed by a maintenance shall be governed by a maintenance agreement agreement running in perpetuity with the land. running in perpetuity with the land. The frontage and The frontage and area of such common driveway area of a common driveway shall be in addition to shall be in addition to the minimum frontage and the minimum frontage and area required under area required under Section 4000. [p. 26] Section 5 of the bylaw. [p.57] 5170 Design Requirements for Business or Industrial 6.1.11. Requirements for Business, Industrial, or Other Parking Facilities. Required parking spaces, loading Nonresidential Parking Facilities areas and driveways shall be provided and A. Exemptions. The provisions of the section shall not apply maintained with suitable grading, paved surfaces and to municipal uses. adequate drainage. No parking space or other paved surface, other than access driveway(s) or walkways, B. Construction. Required parking spaces, loading areas, and shall be located within 10 feet of any lot line, and driveways shall be constructed and maintained with notwithstanding the foregoing, no parking space or suitable grading, adequate drainage, and paved services. other paved surface, other than access driveway(s) or walkways, shall be located within the limits of a C. Buffers. Unless otherwise provided for in this Section 6.1, landscape buffer area required hereunder. no parking space or other paved surface, other than access driveway(s) or walkways, shall be located within 10 feet of any lot line, or within 20 feet of a property line [p. 26] abutting a street right-of-way, and no parking space or other paved surface, other than access driveway(s) or

walkways, shall be located within the limits of a landscape buffer area required by Section 6.1. [p.58] 5171. Each lot may have one access driveway which 6.1.10 Nonresidential Driveway Requirements shall be at least 24 feet wide at its narrowest point 6.1.10.A Access Driveway. Each lot may have one access driveway but not more than the required width for safe vehicle which shall be at least 24 feet wide at its narrowest point but Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 36 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 movements onto the adjacent roadway, without not more than the required width for safe vehicle entering into the opposing lane. Each lot may have movements onto the adjacent roadway, without entering one additional access driveway for each 200 feet of into the opposing lane. Each lot may have one additional frontage provided all such access driveway(s) shall be access driveway for each 200 feet of frontage provided all at least 200 feet apart on the lot measured from the access driveway(s) shall be at least 200 feet apart on the lot centerline of each access driveway. In the case of an measured from the centerline of each access driveway. The access driveway, which shall be used for one-way minimum width of a one-way only access driveway may be traffic only, the minimum width may be reduced to reduced to 14 feet at its narrowest point. [p.57] 14 feet at its narrowest point. [p. 26]

5172. Interior driveways may be reduced to no 6.1.10.F Interior Driveways. Interior driveways may be reduced to no less than 20 feet for two-way traffic and 14 feet less than 20 feet for two-way traffic and 14 feet for one-way for one-way traffic. [p.26] traffic upon approval of a special permit by the Planning Board. [p.57] 5173. Common Driveway in the Business or 6.1.10.D Common Private Access Ways in the Business or Industrial Industrial Districts. To the extent feasible, lots Districts. To the extent feasible, lots and parking areas shall and parking areas shall be served by common be served by common private access ways in order to private access ways, in order to minimize the minimize the number of curb cuts in these districts. Common number of curb cuts in these districts. Such access ways shall be in conformance with the standards of common access ways shall be in conformance the Department of Public Works. Proposed documentation with the standards of the Department of Public (in the form of easements, covenants, or contracts) shall be Works. Proposed documentation (in the form of submitted with the site plan demonstrating that proper easements, covenants, or contracts) shall be maintenance, repair, and apportionment of liability for the submitted with the site plan demonstrating that common access way and any shared parking areas has been proper maintenance, repair, and apportionment agreed upon by all lot owners proposing to use the common of liability for the common access way and any access way. shared parking areas has been agreed upon by all lot owners proposing to use the common access 6.1.10.E Common private access ways may serve any number of way. Common private access ways may serve any adjacent parcels deemed appropriate by the Planning Board. number of adjacent parcels deemed appropriate Common private access ways shall not be wider than 24 feet by the Planning Board. Common private access at any point where it crosses required open space or any ways shall not be wider than 24 feet at any point required parking setback area. where it crosses required open space or any [p.57]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 37 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 parking setback area required hereunder. [p. 27] 5180 Loading Areas. One or more off-street loading areas 6.1.14 Loading Areas shall be provided for any business that may be One or more off-street loading areas shall be provided for regularly served by tractor trailer trucks or other any business that may be regularly served by tractor trailer similar delivery vehicles, so that adequate areas shall trucks or other similar delivery vehicles, so that adequate be provided to accommodate all delivery vehicles, areas shall be provided to accommodate all delivery vehicles expected at the premises at any one time. Loading expected at the premises at any one time. Loading areas areas shall be located at either the side or rear of shall be located at either the side or rear of each building and each building and shall be designed to avoid traffic shall be designed to avoid traffic conflicts with vehicles using conflicts with vehicles using the site or vehicles using the site or vehicles using adjacent sites. adjacent sites. [p. 27] [p.60] 5200. SIGNS. 6.2 SIGNS 6.2.1. Purpose General. This By-Law is adopted for the regulation 5210 and restriction of billboards, signs and other A. The purposes of Section 6.2 are: advertising devices within this Town on public ways 1. to protect the public’s health, safety, welfare, and or on private property within public view of a public convenience; 2. to protect and enhance the visual and aesthetic way, public park or reservation in order to protect environment of the Town for a well maintained and and enhance the visual environment of this Town and the safety, convenience and welfare of its residents. attractive community; This By-Law is hereby declared to be remedial and 3. to enhance traffic safety by preventing sign overload protective and is to be so construed as to secure the excessive lighting, and clutter; beneficial interests and purposes thereof. This By- 4. to preserve and expand the economic vitality of the town; Law is adopted pursuant to Chapter 93, 40A and 43B 5. to encourage the effective use of signs as a means of of the General Laws of Massachusetts. communication, information, and advertisement; and, 6. to assure that the benefits and burdens of sign regulation in the Town are equally distributed in keeping with the rights [p.27] of free speech under the constitutions of the Commonwealth of Massachusetts and the United States. B. This bylaw is hereby declared to be remedial and protective and is to be so construed as to secure the beneficial interests and purposes thereof. This bylaw is adopted pursuant to the Town Charter and the Massachusetts Home Rule Amendment. [p.60] Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 38 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 5220 Permit Required. No sign shall be erected, refaced 6.2.2.B Permit Required. No sign shall be erected or installed until a or enlarged until a permit is issued by the Sign permit is issued by the Sign Officer, except as otherwise Officer, except as otherwise provided herein. An provided in this Section 6.2. A sign permit application shall be application for a permit shall be made on forms filed with the Sign Officer containing all information, furnished by the Sign Officer containing such including photographs, plans, and scale drawings, as information, including photographs, plans and scale specified on the application form. The sign permit shall be drawings, as he/she may require. Such permit shall issued if the Sign Officer determines that the sign complies or be issued only if the Sign Officer determines that the will comply with all applicable provisions of this Section 6.2. sign complies or will comply with all applicable A schedule of content-neutral fees for sign permits shall be provisions of this By-Law. A schedule of fees for such as determined by the Board of Selectmen. permits may be determined from time to time by the Board of Selectmen. 6.2.2.D Sign Waivers. The Planning Board, acting as the special The Planning Board, acting as Special Permit Granting permit granting authority, may approve, approve with Authority, under Section 5200 may approve, approve conditions, or disapprove, requests to waive the with conditions, or disapprove requests to deviate requirements of Section 6.2 if the Board makes the all of the from the requirements of Section 5200. findings in numbers 1. through 5. below. The Board shall not issue a waiver solely to allow larger signs or more signs than would otherwise be allowed. Prohibited signs listed in Section 6.2.4 shall not be subject this waiver provision. [p.27] 1. There are conditions unique to the property and exceptional circumstances that warrant the granting of a waiver. 2. Waivers of the provisions would not be contrary to the purpose and intent of Section 6.2 3. The architecture of the building, the location of the building or property, or the proposed use of the property is such that a waiver could be granted without detracting from the character of the site building or development and nearby properties and businesses, would not impact traffic or pedestrian safety, and would not be contrary to the public interest. 4. There are no reasonable alternatives within the

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 39 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 requirements of the sign bylaw to address the circumstances being put forth to justify a sign waiver. [pp.60, 61] 5221. Sign Officer. The Building Commissioner is 6.2.2.A Sign Officer. The Building Commissioner is designated as the hereby designated as the Sign Officer and is Sign Officer and is charged with the enforcement of this hereby charged with the enforcement of this By- Bylaw. The Sign Officer and any duly authorized agents shall, Law. The Sign Officer and his duly authorized if permitted by the owner or otherwise lawfully authorized agents shall, at reasonable times and upon representative, or as otherwise permitted by law, and at presentation of credentials, have the power to reasonable times and upon presentation of credentials, enter enter upon the premises on which any sign is upon the premises on which any sign is erected or erected or maintained in order to inspect said maintained for the purpose of inspecting for compliance with sign. [p.27] the provision of Section 6.2. [p.60] 5222. Exemptions. The provisions of this section 6.2.3 Exempt Signs shall not apply to: The following are exempted from the provisions of Section a. Signs permitted in residential districts; 6.2, unless otherwise noted. b. Temporary signs; A. The message of a sign. c. House number or building numbers; B. Agricultural signs which are accessory to agricultural uses d. Public utility identification markings; protected under G.L. c. 40A, § 3. e. Signs or markers required or erected by C. Traffic control signs and safety signs, including disability local, state or federal government; access signs. f. Names on private residences not used for D. Temporary signs. See Sections 6.2.5. and 6.2.6 business purposes; E. Outward facing signs painted or placed on the inside of a g. Striped poles used at barber shops; window provided that the aggregate area of the all signs in h. Directional markers not exceeding one (1) the window shall not exceed 30 per cent of the window area. square foot, such as arrows or entrance and F. Signs, banners, or markers required or erected by local, exist markings; state, or federal government. i. Temporary signs advertising the one time G. Public utility identification markings. sale of personal property or household H. Address signs in residential districts which do not contain accessories, such sign to be posted not more advertising copy. than twice in one (1) year, nor more than I. Names on private residences not used for business seven (7) days at each posting; purposes. j. Any sign limited solely to directing traffic or J. Flags which are not used for advertising or commercial providing direction or setting out restrictions purposes. on the use of parking areas and not exceeding K. Customary signs on gasoline pumps indicating in standard Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 40 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 four square feet in area. size and form the name and type of gasoline and the price thereof. [pp.27, 28] L. Legal notice signs such as “no trespassing” and similar. M. Any sign limited solely to directing traffic or providing direction, such as arrows or entrance and exit signs or setting out restrictions on the use of parking areas and not exceeding 4 square feet in area. See Section 6.2.9 for Transition District requirements. [p.61] 5230 Standards. All signs shall conform with the 6.2.7. Sign Standards following standards. 5231. Movement. No sign shall contain any 6.2.7 All signs shall conform to the following standards: moving, flashing or animated lights or visible A. Movement. Unless otherwise provided by Section 6.2, moving parts. A sign consisting solely of no sign shall contain any moving, flashing, or animated lights indicators of time and/or temperature or of an or visible moving parts of any digital display of variable automatically changing message shall be content. permitted only upon the issuance of a special B. Sign Area. The area of a sign shall include all lettering, permit by the Planning Board. wording and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign and any "cutouts" or extensions, but shall [p.28] not include any supporting structure or bracing. The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window, shall be considered to be that of the smallest linear boundary which encompasses all of the letters and symbols. [p.63] 5232. Illumination. No sign shall be illuminated 6.2.7.C. Illumination. Signs shall meet the following illumination between the hours of 12 A.M. and 6 A.M. unless, standards, criteria and prohibitions. in the case of an accessory sign, the premises on 1. No sign shall be illuminated between the hours of 12 a.m. which it is locate are open for business. Signs may and 6 a.m. unless the premises on which it is located is open be illuminated only by the following means: for business. a. By a white steady stationary light of 2. Neon lights are prohibited on free-standing and reasonable intensity shielded and directed monument signs. solely at the sign. 3. Signs may be illuminated only by the following means: a. By a white steady stationary light of reasonable intensity

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 41 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 b. By an interior light of reasonable intensity shielded and directed primarily at the sign. or by neon gas-filled tubes. b. By internally illuminated lighting devices of reasonable c. Neon lights are prohibited on free-standing intensity. signs. 4. Signs containing electronic message boards, which shall d. Signs containing Electronic Message Boards, mean a digital sign that exhibits changing or moving which means a digital sign which exhibits illumination, or a sign with moving letters, symbols or changing or moving illumination effects, or a changing messages which are displayed via light emitting sign with moving letters, symbols or changing diodes (LED), liquid crystal display (LCD), plasma, or similar messages which are displayed via light display technologies, shall not be allowed except by special emitting diodes (LED), liquid crystal display permit from the Planning Board based upon the following (LCD), plasma, or similar display technologies, criteria: shall not be allowed except by Special Permit from the Planning Board based upon findings a. The business(es) utilizing the electronic message board is that: located on a site of over 10 acres of land. b. The buildings and public entrances to the businesses are 1. The business(es) utilizing the electronic located at least 125 feet from the street. message board are located on a site of c. There shall be no safety hazards created based on the over 10 acres of land. illumination’s effect on traffic patterns, traffic lights or public 2. The buildings and public entrances to the safety. businesses are located at least 125 feet d. Each electronic message sign shall have a light detector from the street. which automatically adjusts brightness according to ambient 3. There will be no interference with traffic light conditions. The brightness regulator shall not allow the patterns, traffic lights or public safety. sign to register more than 0.3 light candles over ambient 4. The dimensions of the message board area light levels and shall be accompanied by a manufacturer’s shall not be over 41” H x 63” W. certification. 5. Electronic message boards shall not be e. The dimensions of the message board area shall not allowed in the Town Center Overlay exceed 41” H x 63” W. District. f. Electronic message boards shall not be allowed in the 6. There shall be no scrolling, flashing or Town Center District. movement of messages or other displays. g. There shall be no scrolling or flashing, of messages or 7. The electronic message board letters will other displays. be amber color only, with a black h. The electronic message board sign letters shall be amber background. color only, with a black background. Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 42 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 8. Any message must be displayed for a set i. Any message shall be displayed for a period of at least 10 period of time as determined by the seconds. Planning Board. j. The Planning Board may waive criteria 4a. through 4i., 9. The Planning Board may set further above upon making findings of special circumstances that are conditions based upon circumstances of specific and unique to the property and that waiver of these specific site conditions. provisions would not be contrary to the purposes and intent 10. The Planning Board may waive items 1-7 of Section 6.2 and serve a public interest. above upon findings of special [pp.63, 64] circumstances as determined solely by the Planning Board. [p.28] 5233. No sign permit shall be issued for an 6.2.7.D Sign Electrical Permit. No sign permit shall be issued for an electrically operated sign until the local wiring electrically operated sign until the local wiring inspector has inspector has issued a permit therefor. Such issued an electrical permit, if otherwise required, for that permit shall be issued only if the proposed sign sign. complies with all requirements and [p.64] recommendations of the National Electrical Code and Massachusetts Electric Code. [p.29] 5234. Color. No sign shall contain red or green 6.2.7.E Color. No sign shall contain red, amber, or green lights if lights if such colors would, in the opinion of the those colors would, constitute a safety hazard for drivers Police Chief, constitute a safety hazard. [p.29] and/or pedestrians, based on a finding by the Police Chief. [p.64] 5235. Tethered floating or inflated devices of any 6.2.4 Prohibited Signs kind, sandwich or A-frame, and banners are A. Tethered, floating, or inflated devices of any kind. prohibited where intended to serve as a sign. B. Signs on parked motor vehicles and where the Sign [p.29] Officer determines that a vehicle’s primary use is for the display of signage and not for transportation. C. Revolving, moving, flashing, or blinking signs, signs that appear to be in motion, animated signs, or signs with visible moving parts, except for signs which display public service information such as time and temperature. D. Signs or parts thereof that contain or consist of animated parts, ribbons, streamers, spinners, or similar moving or

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 43 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 fluttering devices, including feather banner and wind flag signs. E. Roof signs and signs protruding above the roofline of the building to which the sign is attached. F. Signs that obstruct the view of any traffic sign, signal, or other traffic device, or obstruct the view of a driver entering or exiting a street intersection or driveway intersecting with a street. G. Banners are prohibited unless specifically authorized under the provisions of Section 6.2 (See Section 6.2.10.F for A-Frame signs) [pp.61, 62] 5240 Residence District Requirements. The following 6.2.8 Residence District Requirements requirements pertain in the R40, R80, MFD, MFD/55, Signs located in the F, VR, and MF Districts shall meet the and CDD Districts: following requirements. 5241. One (1) sign not exceeding two square feet A. Residential Uses. A permitted residential use located in area displaying the street number and/or name within these zoning districts may erect one or more of occupant of the premises may be erected. permanent signs that shall not exceed a total of 8 square Such sign may include identification of an feet in the aggregate area. accessory professional office or other accessory uses permitted in a residence district. B. Signs may be freestanding, in which case they may not exceed 4 feet in height and shall be located at least 15 5242. One (1) for sale or for rent sign not feet from any property boundary, and/or mounted on the exceeding six (6) square feet in area and building façade, no higher than 8 feet from the base level advertising only the premises on which it is of the building. Free-standing signs shall include the located may be erected. street address. 5243. One (1) contractor's sign not exceeding twelve (12) square feet in area maintained on the C. Temporary Signs. Temporary signs may be installed in premises while construction is in progress and accordance with the requirements of Section 6.2.5. containing information relative to the project may be erected. Such sign shall be removed promptly D. Nonresidential Uses. A permitted nonresidential use after the completion of construction. located within these zoning districts shall be allowed a maximum of 2 signs. All signs on an individual property 5244. One (1) identification sign not exceeding shall not exceed 30 square feet in size in the aggregate. twelve (12) square feet in area at any public Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 44 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 entrance to a subdivision or multi-family Signs may include a Freestanding, Monument, or development may be erected upon the issuance Attached Wall sign. For a Freestanding or Monument of a special permit by the Planning Board; such sign, the sign shall not exceed 6 feet in height and shall special permit shall specify limits on the size of not be located closer than 15 feet to any property the sign and the length of time to be maintained. boundary. An Attached wall sign mounted on the building 5245. One (1) bulletin or announcement board, façade shall be no higher than 12 feet from the base level identification sign or entrance marker for each of the building. public entrance to the premises upon which a church, synagogue or institution is located, not E. Residential Development Sign – One sign identifying a exceeding thirty (30) square feet in area may be subdivision, condominium or apartment development or erected, provided that there shall be not more similar residential development may be located at the than one such sign for each church, synagogue or entrance to that development. The sign shall not exceed institution. 20 square feet in area and shall not exceed 4 feet in height. The sign shall be located so as to not block [p.29] visibility of traffic entering and exiting the development. [p.64] 5250 Business, Commercial and Industrial District 6.2.10. Business, Commercial, and Industrial District Requirements Requirements. The following requirements pertain The following requirements pertain to all base districts to all districts except the R40, R80, MFD, MFD/55, except the F, R40, VR, MF, P, and TD Districts: and CDD Districts: A. Attached Wall Signs. Attached wall signs may be 5251. Accessory signs which are permitted in the erected according to the following requirements. R40 and R80 Districts may be erected in 1. The sign shall be firmly affixed to the building. accordance with the rules of Section 5240. 2. The sign shall not project beyond the face of any other wall of the building or above the highest point of the 5252. Attached signs may be erected if firmly eave. affixed to the building. The sign shall not project 3. The sign shall not project more than 12 inches from the beyond the face of any other wall of the building face of the wall to which it is attached. or above the highest point of the eave. The sign 4. For businesses located in a multi-tenanted building along shall not project more than twelve (12) inches the front façade, the size of the wall sign shall be from the face of the wall to which it is attached. determined as follows: a. The height of the sign shall not exceed a. Businesses located within 100 feet of the street – One three (3) feet. The aggregate length of these wall sign with an area not to exceed ¾ of a square foot signs shall not exceed the full width of the per linear foot of the business’s façade.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 45 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 store wall unless the store occupies the entire b. Businesses located between 100 and 300 feet from the first floor of a detached building in which street – One wall sign not to exceed 1½ square feet per event the aggregate length may not exceed linear foot of the business’s façade. three-quarters of the width of the wall. Stores c. Businesses located more than 300 feet from the street occupying other than the first floor of a – One wall sign not to exceed 2 square feet per linear building shall have signs not to exceed three foot of the business’s façade. (3) feet in length. d. No wall sign shall extend above the eave of the roof line b. If a store has a direct entrance in a wall of a single story building; extend higher than the other than the store front, there may be bottom of the window sills of the second story of a secondary signs affixed to such wall, the building; or in the case of a gabled wall, no higher than aggregate length of which shall not exceed a line equal in height to the lowest portion of the lower fifty (50) percent of the maximum permissible eave of any adjacent wall. 5. For a single business that occupies the entire first floor length of the signs on the store front. of a detached building, the size of the sign shall not [p.29] exceed ¾ of the length of the front façade with a maximum sign size and height based on the size formula and height requirements of Section 6.10.A(4). B. Directory Sign. For buildings that have uses located above the first floor, a Directory sign identifying those uses in the building may be located adjacent to the main entrance to the building or the entrance to the floors above the first floor. The Directory sign shall only identify the names of the professionals or businesses, their profession or business type, and their floor and room number location. The Directory sign shall not exceed 14 square feet in area. C. Secondary Wall Signs. For any permitted use in the Business, Commercial, and Industrial districts located on a corner lot and where the permitted use faces both streets, a secondary wall sign may be located on the building face fronting the secondary street. This sign shall not exceed 50% of the permissible size of a sign fronting the primary street.

E. Projecting Blade Sign.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 46 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 In the Town Center (TC), Mixed-Use Business (MUB), and General Business (GB) districts, two-sided projecting blade signs may be permitted subject to the following requirements. 1. There shall be only one sign per business and the sign shall be located on the same façade, or section of the façade, as the business advertised on the sign. 2. Only businesses located on the first floor shall be allowed a projecting blade sign. 3. The sign shall not project more than 3 feet from the building facade. 4. The sign shall not exceed 6 square feet of surface area per sign side. 5. The sign shall not exceed 2 inches in width. 6. The bottom of the sign shall not be less than 9 feet and the top of the sign shall not be more than 15 feet above the sidewalk over which the sign projects. 7. The sign shall not be internally or externally lit. 8. No projecting blade sign shall be located directly above a public sidewalk, street, or any public area owned or controlled by the Town unless a permit authorizing the sign has been approved by the Board of Selectmen. F. Sandwich Board/A-Frame Signs. Sandwich Board signs may be allowed in the Town Center (TC), Mixed-Use Business (MUB), and General Business (GB) zoning districts subject to the following requirements. 1. The maximum height of the sign shall be 4 feet. 2. The maximum area of the sign shall be 6 square feet per sign face, with no more than 2 faces allowed. 3. A-frame signs shall not form an angle not less than 15 degrees not more than 30 degrees. 4. Only one sign per business is allowed. 5. The sign shall be located within 15 feet of the

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 47 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 business entrance. 6. The sign shall only include advertising for the business for which the sign permit was issued. 7. The sign shall be located so as to provide at least a 5 foot area of unobstructed walkway for safe pedestrian passage and shall not obstruct pedestrian passage in any way. 8. The sign shall not be illuminated in any manner. 9. The sign shall not obstruct sight lines or vehicular traffic. 10. The sign shall be placed outside the business only during business hours and shall be removed at the end of the business day. 11. The sign shall not be located in landscaped areas 12. The sign shall not include any attachments such as balloons, banners, reflectors, or similar. 13. Signs shall be constructed from durable materials, be weather resistant, and present a finished appearance. Wood and metal are recommended materials. Cardboard or similar flimsy materials are prohibited. 14. The sign shall be free-standing and shall not be attached in any manner to a building or other physical object. 15. The sign shall not be located on a public sidewalk, street or street right-of-way, or any public area owned or controlled by the Town unless a permit authorizing the sign has been approved by the Board of Selectmen. G. Banner Signs. Banner signs may be allowed in any non-residential district subject to the following: 1. The Building Commissioner may grant a temporary sign permit for banner signs for purposes such as grand openings, sales events, and seasonal promotions. 2. Temporary banner sign permits shall be valid for a

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 48 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 period of 30 days. 3. A banner sign of textile, synthetic material, or similar, may be either a vertical banner sign or a horizontal banner sign. It shall be affixed and secured to a building or permanent pole, such as a building canopy support pole, or a parking lot light pole. 4. A vertical banner sign shall be no wider than 2 feet and no longer than 20 feet. A horizontal banner sign attached to the front façade of the business shall be no larger than 20% of the first floor front wall area of the business displaying the banner, with a maximum area in accordance with the following: a. A building located within 100 feet of the street – maximum size 100 square feet. b. A building located between 100 and 500 feet from the street, a maximum area of 300 square feet. c. A building located more than 500 feet from the street, a maximum area of 400 square feet. 5. The number of vertical banner signs shall not exceed the following: a. For a commercial or business complex of one to five businesses: 5 banner signs b. For a commercial or business complex of six to twenty businesses: 12 banner signs c. For a commercial or business complex of more than twenty businesses: 25 banner signs [p.65-68] 5253. Standing signs. Standing signs may not be 6.2.10.D Freestanding Signs or Monument Signs. Freestanding signs erected within fifteen (15) feet of any street lot or Monument signs may be erected in accordance with the line or ten (10) feet of any side lot line. Standing following requirements. signs are limited to a height of twenty (20) feet 1. Freestanding or Monument signs may not be erected from the nearest pavement grade to the top of within 15 feet of any street lot line or 10 feet of any side lot the sign structure. Standing signs may be double line.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 49 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 faced; however, the permitted area will be 2. Freestanding signs are limited to a height of 20 feet measured on one side only. from the nearest pavement grade to the top of the sign a. A single business in a single building shall structure. Monument signs are limited to a height of 6 feet be limited to one (1) free standing not to from the nearest pavement grade to the top of the sign exceed 60 square feet of sign area. structure. 3. Freestanding and Monument signs may be double b. Multiple business in a single building: faced; however, the permitted area will be measured on one Multiple business buildings of three (3) side only. businesses or more may be allowed one (1) 4. A freestanding sign shall not exceed 50 square feet in free standing sign; the size of the sign shall be sign area. A monument sign shall not exceed 60 square feet determined by the number of businesses in in sign area. the building multiplied by ten (10) square feet, 5. A professional building shall be limited to one with a maximum of 60 square feet. Buildings freestanding sign with a maximum size of 50 square feet or of two businesses shall be allowed a sign with one monument sign with a maximum size of 60 square feet. a maximum of 60 square feet. 6. Shopping centers of at least 50,000 square feet in size c. A standing sign for a wholesale operation shall be allowed one freestanding or monument sign at each shall be limited to one (1) free standing sign entrance, but there shall not be more than 2 freestanding or with a maximum of 24 square feet. monument signs in total. Each freestanding sign may be a maximum of 60 square feet. Each monument sign may be a d. A standing sign for a professional building maximum of 80 square feet. shall be limited to one (1) free standing sign 7. All freestanding and monument signs shall be located with a maximum size of 20 square feet. within a landscape area equal to 125% of the sign area. The e. A standing sign for a shopping centers shall landscape area shall be maintained in a continuous manner be limited to one (1) free standing sign at each to prevent the accumulation of weeds and trash. Dead entrance, but not more than two (2) such plants, shrubs, and trees shall be replaced within the first signs. Each such sign may be a maximum of growing season after their demise. [p.66] 60 square feet. [p.30] 5254. Awnings. Awnings used as signs shall not 6.2.10.I Additional Sign Requirements project more than thirty-six (36) inches from the 1. Awnings. Awnings used as signs shall not project face of the wall to which it is attached. The more than 36 inches from the face of the wall to which they signage on the awning must comply with the size are attached. The signage on the awning must comply with requirements of this Section. [p.30] the size requirements of this Section. [p.68]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 50 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 5255. Special signs. Signs painted or placed on 5.3.3.A [Window transparency is addressed for business districts in the inside of the glass of a window shall be dimensional requirement section.] [p.35] permitted, provided that the aggregate area of such sign does not exceed 30 percent of the area of the window glass. [p.30] 5256. Multiple Signs. When more than one sign is 6.2.10 H. Master Signage Plan. For any development that permitted for a principal use, a combination of requires approval of a Site Plan Review or a Special Permit by not more than two of the following types of signs the Planning Board, a Master Signage Plan shall be submitted shall be permitted per principal use; attached as part of the application. If there are two or more buildings sign, projecting sign, awning sign, and or individual business spaces proposed, the Master Plan shall freestanding sign. include all proposed sign locations for all buildings and [p.30] business spaces. The plan shall show the proposed placement, size, materials, framing, illumination, graphics and colors of the proposed signage. Once the sign plan is approved no sign permit shall be issued for any individual business unless it is in conformance with the Master Signage Plan. [p. 68] 5260 Transitional District Requirements. The following 6.2.9 Transition District Requirements requirements pertain in the Transitional Districts: Signs located in the Transition District shall meet the 5261. Accessory signs which are permitted in the following requirements. R40 and R80 Districts may be erected in A. Attached Wall Signs. One attached wall sign per accordance with the rules of Section 5240. permitted use not exceeding 15 square feet in size shall be allowed. Attached wall signs shall not contain more than 3 5262. Attached Signs. Attached signs may be colors. The sign shall not be illuminated from within. Sign erected in compliance with Section 5252. Such lighting shall be extinguished during non-business hours. sign shall contain no more than 3 colors. The sign B. Secondary Wall Signs. For any permitted use in the shall not be illuminated from within. Sign lighting Transition District located on a corner lot and where the shall be extinguished during non-business hours. permitted use faces both streets, a secondary wall sign may a. One (1) sign per permitted use not be located on the building face fronting the secondary street. exceeding 15 square feet in size shall be This sign shall not exceed 10 square feet in size. allowed. C. Freestanding Signs. Signs identifying entrances and exits may be erected. These signs shall not exceed 6 square

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 51 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 5263. Standing signs. Signs identifying entrance feet in size. No other freestanding signs shall be permitted. and exit points may be erected; such sign shall not [p.65] exceed 6 square feet in size. No other standing

signs shall be permitted. [p.30] 5270 Temporary Signs. Temporary signs which comply 6.2.5. Temporary Signs, Non-commercial. with these By-Laws shall be permitted (other than a Temporary non-commercial signs shall be permitted as a temporary sign placed in a window). matter of right if they satisfy all of the following conditions: A. No signs shall exceed 6 sq. ft. in area and no portion of a 5271. Temporary signs which do not comply with sign shall be more than 4 feet in height from ground level. these By-Laws may be authorized by a special

permit by the Board of Selectmen for private, B. All signs shall be located on private property and a

nonprofit charitable organizations. minimum of 10 feet from the edge of the pavement of any street or sidewalk. 5272. Temporary signs which are specific in C. No signs shall obstruct traffic sight lines or pedestrian nature to announce an event, including but not traffic. limited to Real Estate Signs, Construction Signs, D. No signs shall be illuminated. Yard Sale Signs and Ballot Issue Signs and other E. Unless otherwise provided for in this section temporary such signs shall be permitted as a matter of right. signs shall not be installed for a period to exceed 30 days.. Said signs shall not exceed 6 SF and a maximum of The Planning Board may waive this provision in 4 signs per lot. Said signs shall be located on accordance with Section 6.2.2. private property, and a minimum of 10 Ft. from F. No event signs shall be installed sooner than 15 days prior the edge of pavement. Said signs shall not to the event and shall be removed within 4 days of the obstruct traffic sight lines or pedestrian traffic. conclusion of the event. Said signs shall not be illuminated and must be G. Signs advertising the one-time sale of personal property or removed within 4 days of the conclusion of the household accessories provided the sign shall not be event. posted more than twice in one year, nor for a period of [pp.30, 31] more than 7 days at any one time. Temporary Signs, Commercial Temporary commercial signs shall be permitted as a matter 6.2.6. of right if they satisfy all of the following conditions: A. A temporary sign shall be located on private property and a minimum of 10 feet from the edge of the pavement of any street or sidewalk. B. No sign shall obstruct traffic sight lines or pedestrian

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 52 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 traffic. C. No sign shall be illuminated. D. Unless otherwise provided for in this section temporary signs shall not be installed for a period to exceed 60 days. The Planning Board may waive this provision in accordance with Section 6.2.2. E. Temporary real estate signs shall not exceed 8 square feet in area for residential properties and 30 square feet in area for commercial and industrial properties, shall be limited to one sign per lot, and shall be removed 5 days after the sale, rental or lease of the property. If a property is for sale, one additional temporary sign shall be allowed. F. Temporary construction signs which advertise the development, and/or the owner, architect, builder, banker, and others responsible for the construction on the lot shall not exceed 32 square feet; shall be limited to 1 sign per lot or 1 sign per 300 feet of frontage of the lot; and shall be removed 25 days after the completion of the development or the construction .If a property is under development or a building under construction, one additional temporary sign shall be allowed. G. Temporary business signs such as “grand opening”, “going-out-of- business”, “special sale” and similar shall not exceed more than 2 signs per event. For businesses located within 100 feet of the street, each sign shall not exceed 50 square feet. For businesses located beyond 100 feet from the street, each sign shall not exceed 100 square feet. H. Temporary business signs other than in subsections . E., F., and G. above are limited to 2 per business. I. No temporary signs shall be installed 15 days prior to the activity and shall be removed within 5 days of the conclusion of the activity. [pp.62, 63]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 53 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 5280 Other Requirements. 6.2.11. Other Requirements 5281. Billboards and non-accessory signs. All A. Billboards and Non-accessory Signs. All billboards and billboards and non-accessory signs, erected prior non-accessory signs lawfully erected prior to June 1, to June 1, 1965, shall be permitted provided no 1965, shall be permitted provided no substantial changes substantial changes are made in location, size or are made in location, size, or design of the structure design of the structure. unless the changes are designed to bring the sign into conformance with Section 6.2. 5282. Nonconformance of accessory signs. B. Nonconforming Signs. Signs lawfully erected before the Accessory signs legally erected before the adoption of this bylaw which do not conform to the adoption of this By-Law which do not conform to provisions of this Section 6.2 may continue to be the provisions of this By-Law may continue to be maintained and shall be regarded as nonconforming maintained, provided, however, that no such sign signs. shall be permitted if it is, after the adoption of this By-Law, enlarged, refaced or redesigned, except to conform to the requirements of this By- Law. 5283. Unsafe signs. When any sign become C. Unsafe or Unlawful Signs. When any sign becomes insecure, endanger of falling or otherwise unsafe unsecured, in danger of falling, or otherwise derelict or or if any sign shall be unlawfully installed erected unsafe, or if any sign shall be unlawfully installed, or maintained in violation of any of the provisions erected, or maintained in violation of any of the of law, the owner thereof or the person or firm provisions of law, the sign owner or the person or firm maintaining same, shall upon written notice of maintaining the sign shall, upon written notice of the the Building Commissioner, forthwith in the case Building Commissioner, immediately in the case of of immediate danger and in any case within not imminent danger, and in any other case within not more more than ten (10) days make such sign conform than 10 days, make the sign conform to the provisions to the provisions of this article or shall remove it. this Section 6.2, or shall remove it. If within 10 days the If within ten (10) days the order is not complied order is not complied with, the Building Commissioner with, the Building Commissioner may remove may, in conformance with state law, remove the sign at such sign at the expense of the owner or lessee the expense of the owner or lessee. thereof. D. Derelict Signs. Signs which become decrepit, dilapidated, 5284. Derelict signs. Signs which become illegible, or dangerous to the public safety, shall be unsightly, incomplete, dilapidated, illegible or condemned and removed by the Building Commissioner. dangerous to the public safety, shall be Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 54 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 condemned and removed by the Sign Officer. Costs may be recovered for the removal from the owner Costs may be recovered for such removal from or lessor in the District Court. the owner or lessor in the District Court. E. Maintenance of Signs. All signs permitted under Section 6.2 shall be appropriately maintained. Appropriate [p.31] maintenance includes the replacement of missing letters, removal of peeling paint and repainting, replacement of any cracked or broken glass or plastic or similar, replacement of any failed lighting, and replacement of any broken, defective, worn out or damaged signs. If the building commissioner determines that a sign has not been maintained in accordance with this section, a notice to repair or remove the sign maybe issued to the sign owner to repair or replace the sign within 30 days. [pp.68, 69] 5290 Off-premise Signs. Electronic Message Center (EMC) 6.3 OFF-PREMISES SIGNS. ELECTRONIC MESSAGE CENTER (EMC) Signs and Billboards (collectively “off-premise signs”). SIGNS AND BILLBOARDS (COLLECTIVELY “OFF-PREMISES SIGNS”) 5291 Locations. Off-premise signs shall be permitted in the A. Locations. Off-premises signs shall be permitted in the Heavy Industrial and Office/ Research Zoning Districts Industrial 1 and Office/ Research Zoning Districts located located adjacent to either Interstate 93 or Interstate adjacent to either Interstate 93 or Interstate 495. No off- 495. No off-premise sign edge shall be located closer premises sign edge shall be located closer than 25 feet than 25 feet from the Interstate highway right-of way from the Interstate highway right-of way or within 500 or within 1000 feet of a Residential or Multifamily feet of a Residential use. District or Use. B. Special Permit. Off-premises signs are allowed only upon 5292 Special Permit. Off-premise signs are allowed only the grant of a special permit by the Board of Selectmen upon the grant of a special permit by the Board of (Selectmen). Special permits may be limited to a term of Selectmen (Selectmen). Special permits may be the number of years specified by the Selectmen and limited to a term of the number of years specified subject to an agreement executed with the Town. by the Selectmen and subject to an agreement C. Application and Fee. Each application shall be submitted executed with the Town. to the Selectmen accompanied by a filing fee of $2,500. 5293 Application and Fee. Each application shall be Ten copies of the application filing documents shall be submitted to the Selectmen accompanied by a filing submitted with the information set forth below:

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 55 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 fee of $2,500. Ten copies of the application filing 1. Site Plan and area maps identifying the following documents shall be submitted with the information features: set forth below: a. Location of any existing buildings, parking spaces, and a. Site Plan and area maps identifying the following traffic circulation patterns on the subject parcel; features: b. Proximity of nearest residentially used or residentially 1. Location of any existing buildings, parking zoned property, utilizing current area photographs spaces, and traffic circulation patterns on the and Tewksbury Assessors Maps; subject parcel; c. Specific location of the proposed off-premises sign; 2. Proximity of nearest residentially used or d. Details of proposed buffer/landscaping areas around residentially zoned property, utilizing current the off-premises sign including species and caliper of area photographs and Tewksbury Assessors any trees or shrubbery one foot or more above the Maps; ground in height; 3. Specific location of the proposed off-premise sign; e. Location of any existing off-premises sign(s) on the 4. Details of proposed buffer/landscaping areas parcel; and around the off-premise sign including species f. Photographs or illustrations of the proposed design of and caliper of any trees or shrubbery one foot or the off-premises sign. more above the ground in height; 5. Location of any existing off-premise sign(s) on the parcel; and 6. Photographs or illustrations of the proposed 2. Additional Information – An application for an off- design of the off-premise sign. premises sign shall include the following additional b. Additional Information – An application for an off- information: premise sign shall include the following additional a. Detailed dimensions and area of any proposed off- information: premises sign; 1. Detailed dimensions and area of any proposed off- b. Detail sheet of any proposed support structure premise sign; specifying dimensions and construction type. Upon 2. Detail sheet of any proposed support structure request by the Selectmen or the Building specifying dimensions and construction type. Commissioner, the applicant shall provide a structural Upon request by the Selectmen or the Building analysis of the support structure, stamped by a Commissioner, the applicant shall provide a licensed structural engineer; and, structural analysis of the support structure, c. Lighting proposal, including specifications of all stamped by a licensed structural engineer; and, proposed lighting fixtures to be either attached to the 3. Lighting proposal, including specifications of all billboard, structure, or affixed to the ground.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 56 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 proposed lighting fixtures to be either attached to the billboard, structure, or affixed to the 3. Additional Requirements: ground. a. Written authorization from the property owner or c. Additional Requirements: lawful occupant (such as a lease with a term of at 1. Written authorization from the property owner least 5 years) granting permission to install the or lawful occupant (such as a lease with a term of proposed off-premises sign; and at least 5 years) granting permission to install the b. Any additional information as may be required by the proposed off-premise sign; and Selectmen to assist it in determining whether the 2. Any additional information as may be required by application complies with the provisions and the Selectmen to assist it in determining whether requirements of this Section 6.3. the application complies with the provisions and requirements of this Section 5290. 5294 Dimensional Restrictions and Design Guidelines. All D. Dimensional Restrictions and Design Guidelines. All off-premise signs shall be in compliance with the off-premises signs shall be in compliance with the following following requirements: requirements: a. All off-premise signs shall be permanently affixed 1. All off-premises signs shall be permanently affixed to a to a main support structure. No portable off- main support structure. No portable off-premises signs premise signs shall be permitted. shall be permitted. b. Off-premise signs shall not have excessive 2. Off-premises signs shall not have excessive lighting. EMC lighting. EMC signs shall use automatic level signs shall use automatic level controls to reduce light controls to reduce light levels at night and under levels at night and under cloudy or other darkened cloudy or other darkened conditions. conditions. c. Exposed backs of off-premise signs, poles, and 3. Exposed backs of off-premises signs, poles, and other other support structures shall be of a color and support structures shall be of a color and finished so as to finished so as to present an attractive and present an attractive and finished appearance that will finished appearance that will blend with the blend with the natural surroundings. natural surroundings. 4. The following types of off-premises signs are prohibited: d. The following types of off-premise signs are a. Animated, projected, moving or giving the illusion of prohibited: movement (including any moving parts), scrolling, 1. Animated, projected, moving or giving the flashing, revolving, and blinking, and intermittently illusion of movement (including any moving flashing illuminated billboards, beacons (or any light parts), scrolling, flashing, revolving, and directed at any location other than the billboard blinking, and intermittently flashing itself), searchlights, pennants, and inflatable

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 57 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 illuminated billboards, beacons (or any light billboards, including balloons; directed at any location other than the b. Billboards with physical movements of any kind; billboard itself), searchlights, pennants, and c. EMC signs that change at intervals of less than once inflatable billboards, including balloons; every 10 seconds. Changes of image shall be 2. Billboards with physical movements of any instantaneous as seen the human eye and shall not kind; use fading, rolling, window shading, dissolving or 3. EMC signs that change at intervals of less similar effects; than once every 10 seconds. Changes of image d. Tri-vision billboards; shall be instantaneous as seen the by human e. Video billboards or billboards that otherwise give the eye and shall not use fading, rolling, window illusion of video or moving images; shading, dissolving or similar effects; f. Billboards with sound; 4. Tri-vision billboards; g. Billboards with pyrotechnics; and 5. Video billboards or billboards that otherwise h. Billboards that by reason of position, wording, give the illusion of video or moving images; illustration, size, shape or color obstruct, impair, 6. Billboards with sound; obscure, interfere with the view of, or may be 7. Billboards with pyrotechnics; and confused with, any traffic control signal or device, or 8. Billboards that by reason of position, wording, that may otherwise obstruct or interfere with traffic. illustration, size, shape or color obstruct, impair, obscure, interfere with the view of, or may be confused with, any traffic control signal or device, or that may otherwise obstruct or interfere with traffic. 5. An off-premises sign shall not be located within 1500 e. An off-premise sign shall not be located within linear feet of any other off-premises sign. 1500 linear feet of any other off-premise sign. 6. An off-premises sign may be double sided. No individual f. An off-premise sign may be double sided. No off-premises sign or sign face shall exceed 672 square individual off-premise sign or sign face shall feet in total area on each side or shall exceed 14 feet in exceed 672 square feet in total area on each side height by 48 feet in width. or shall exceed 14 feet in height by 48 feet in width. 7. An off-premises sign shall be mounted on a pedestal or g. An off-premise sign shall be mounted on a other support structure. pedestal or other support structure. 8. No off-premises sign shall be located on any building, h. No off-premise sign shall be located on any whether erected or otherwise placed or painted on the building, whether erected or otherwise placed or building.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 58 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 painted on the building. 9. No off-premises sign shall be located on or otherwise i. No off-premise sign shall be located on or attached to a tree, utility pole, fence, or rock. otherwise attached to a tree, utility pole, fence, or 10. Lighting or other illumination related to the off-premises rock. sign shall not project glare or negatively impact abutting j. Lighting or other illumination related to the off- properties and shall not shine onto abutting roadways; premise sign shall not project glare or negatively 11. There shall be a 10-foot wide landscaped buffer installed impact abutting properties and shall not shine around the base of the support structure to minimize its onto abutting roadways; visual impact. k. There shall be a 10-foot wide landscaped buffer installed around the base of the support E. Criteria for Approval. The Selectmen shall approve an structure to minimize its visual impact. application for a Special Permit under Section 6.3 unless it 5295 Criteria for Approval. The Selectmen shall approve finds that all of the following conditions are not met. The an application for a Special Permit under Section conditions shall be incorporated into any Special Permit 5290 unless it finds that all of the following decision: conditions are not met. The conditions shall be 1. The specific site is an appropriate location for the incorporated into any Special Permit decision: proposed off-premises sign and the design and layout a. The specific site is an appropriate location for complies with the standards and requirements set forth the proposed off-premise sign and the design in this bylaw; and layout complies with the standards and 2. The proposed off-premises sign shall not adversely affect requirements set forth in this bylaw; the abutting neighborhood or have the effect of causing a b. The proposed off-premise sign shall not hazard to motorists; adversely affect the abutting neighborhood or 3. The off-premises sign, including supports, braces, guys, have the effect of causing a hazard to motorists; and anchors, shall be kept in good repair. c. The off-premise sign, including supports, 4. All special permit approvals are subject to any necessary braces, guys, and anchors, shall be kept in good approvals, restrictions, and conditions required or issued repair. by the Commonwealth of Massachusetts and/or the d. All special permit approvals are subject to any federal government. necessary approvals, restrictions, and 5. The Selectmen, in granting a special permit, may require conditions required or issued by the additional conditions and safeguards as it deems Commonwealth of Massachusetts and/or the necessary for protection of the public health, safety, and federal government. welfare. e. The Selectmen, in granting a special permit, may require additional conditions and

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 59 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 safeguards as it deems necessary for protection of the public health, safety, and welfare. F. Off-premises Sign Maintenance and Removal. Off- 5296 Off-premise Sign Maintenance and Removal. Off- premises signs shall be maintained and be required to be premise signs shall be maintained and be required to removed in accordance with the following. be removed in accordance with the following: 1. All off-premises signs and supporting structures shall be a. All off-premise signs and supporting structures kept in good repair and free of wear and tear, rust, and shall be kept in good repair and free of wear and other indices of deterioration. tear, rust, and other indices of deterioration. 2. An off-premises sign permitted under Section 6.4 that is b. An off-premise sign permitted under Section abandoned, discontinued, blank, or is in disrepair for a 5290 that is abandoned, discontinued, blank, or is period of 120 days shall be cause for its removal. For in disrepair for a period of 120 days shall be cause purposes of this section, an off-premises sign will satisfy for its removal. For purposes of this section, an this condition if: off-premise sign will satisfy this condition if: a. There is no advertising paid for by a person or i. There is no advertising paid for by a person company other than the off-premises sign owner or or company other than the off-premise sign advertising an interest other than specified in the owner or advertising an interest other than rental agreement of the off-premises sign; specified in the rental agreement of the off- b. The off-premises sign advertises a business, service, premise sign; enterprise, or activity that is no longer operating or ii. The off-premise sign advertises a business, being offered or conducted; or service, enterprise, or activity that is no c. The advertising message of the off-premises sign longer operating or being offered or displays becomes illegible in whole or substantial conducted; or part. iii. The advertising message of the off-premise sign displays becomes illegible in whole or substantial part. 3. The Building Commissioner shall notify the off-premises c. The Building Commissioner shall notify the off- sign owner, lessee, and manager of the off-premises sign, premise sign owner, lessee, and manager of the as the case may be, in writing, specifying a 45-day period off-premise sign, as the case may be, in writing, to remove or repair the off-premises sign. If the off- specifying a 45-day period to remove or repair premises sign has not been removed or repaired within the off-premise sign. If the off-premise sign has such time period to the satisfaction of the Building not been removed or repaired within such time Commissioner, the Building Commissioner may revoke period to the satisfaction of the Building the off-premises sign building permit and take

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 60 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Commissioner, the Building Commissioner may appropriate action forthwith to remove the sign. All revoke the off-premise sign building permit and expenses for the removal shall be borne by the off- take appropriate action forthwith to remove the premises sign owner, lessee, and/or manager as sign. All expenses for the removal shall be borne determined by the Building Commissioner. by the off-premise sign owner, lessee, and/or manager as determined by the Building Commissioner. 4. If the Building Commissioner determines that an off- d. If the Building Commissioner determines that an premises sign is an immediate threat to public safety off-premise sign is an immediate threat to public irrespective of any stays granted to the off-premises sign safety irrespective of any stays granted to the off- owner, lessee, or manager, the Building Commissioner premise sign owner, lessee, or manager, the may cause any off-premises sign, abandoned or not, and Building Commissioner may cause any off- any portion of its support structure if deemed part of the premise sign, abandoned or not, and any portion public threat, to be immediately removed, or the of its support structure if deemed part of the threatened area to be cordoned off. All expenses for public threat, to be immediately removed, or the protecting the public, including the removal of the off- threatened area to be cordoned off. All expenses premises sign or stabilization of the public safety threat, for protecting the public, including the removal of shall be borne by the off-premises sign owner, lessee, as the off-premise sign or stabilization of the public determined by the Building Commissioner. An off- safety threat, shall be borne by the off-premise premises sign that is not abandoned may be returned to sign owner, lessee, as determined by the Building its original position, but only after repairs have been Commissioner. An off-premise sign that is not made and the public safety threat has been abated, to abandoned may be returned to its original the satisfaction of the Building Commissioner. position, but only after repairs have been made and the public safety threat has been abated, to the satisfaction of the Building Commissioner. G. Surety. The Applicant shall provide a financial surety 5297 Surety. The Applicant shall provide a financial surety to the Town in accordance with G.L. c. 44 § 53G ½, that will to the Town in accordance with M.G.L. c. 44 § 53G ½, secure the full cost of the removal of any off-premises sign that will secure the full cost of the removal of any off- which is found to be abandoned, discontinued, blank, or is in premise sign which is found to be abandoned, disrepair, as determined under Section F(2) above. The discontinued, blank, or is in disrepair, as determined Applicant shall deposit with the Town Treasurer a surety in under Section 5296. d above. The Applicant shall an amount that shall be determined by the Selectmen. Upon deposit with the Town Treasurer a surety in an removal of the off-premises sign, any remaining funds shall amount that shall be determined by the Selectmen. be returned to the Applicant in accordance with G.L. c. 44 §

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 61 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Upon removal of the off-premise sign, any remaining 53G ½. funds shall be returned to the Applicant in accordance with M.G.L. c. 44 § 53G ½. H. On-premise Signs. Nothing in Section 6.3 shall be 5298 On-premise Signs. Nothing in Section 5290 shall be applicable to on-premises signs. applicable to on-premise signs. [pp.69-72]

Definitions. 2.0 DEFINTIONS a. Billboard: An advertising sign or other commercial BILLBOARD: An advertising sign or other commercial sign sign that directs attention to a business, that directs attention to a business, commodity, service or commodity, service or attraction sold, offered or attraction sold, offered or existing elsewhere than upon the existing elsewhere than upon the same lot where same lot where the sign is displayed. This is also known as an the sign is displayed. This is also known as an off- off-premises commercial sign. premise commercial sign. ELECTRONIC MESSAGE CENTER: An off-premises b. Electronic Message Center: An off-premise electronically activated changeable message sign whose electronically activated changeable message sign variable message or graphic presentation capability can be whose variable message or graphic presentation electronically programmed. EMCs typically use Light Emitting capability can be electronically programmed. Diodes (LEDs) as a lighting source. EMCs typically use Light Emitting Diodes (LEDs) as

a lighting source. SIGN, OFF-PREMISES: A permanent sign erected, maintained, c. Off-premise sign: A permanent sign erected, or used in the outdoor environment for the purpose for the maintained, or used in the outdoor environment display of commercial or noncommercial messages not for the purpose for the display of commercial or appurtenant to the use of, or products sold on, the property noncommercial messages not appurtenant to the where the sign is located. use of, or products sold on, the property where SIGN, ON-PREMISE: A sign erected, maintained, or used in the sign is located. the outdoor environment for the purpose of the display of d. On-premise sign: A sign erected, maintained, or commercial and noncommercial messages appurtenant to used in the outdoor environment for the purpose the use of, or products sold on, the premises on which it is of the display of commercial and noncommercial located. messages appurtenant to the use of, or products OUTDOOR ADVERTISING: Any outdoor sign, display, light, sold on, the premises on which it is located. device, figure, painting, drawing, message, plaque, poster, e. Outdoor Advertising: Any outdoor sign, display, billboard, or other thing that is designed, intended, or used light, device, figure, painting, drawing, message, to advertise or inform; any part of the advertising or plaque, poster, billboard, or other thing that is information contents of which are visible from any public

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 62 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 designed, intended, or used to advertise or inform; way, public park, or public reservation. any part of the advertising or information contents of which are visible from any public way, public [pp.15-17] park, or public reservation. [pp. 31-35] 5300 ENVIRONMENTAL PERFORMANCE STANDARDS 5.4.2 B. All uses that pose a present or potential hazard to 5310 General. In all zoning districts no use shall be human health, safety, welfare, or the environment through permitted which would be offensive because of emission of smoke, particulate matter, noise or vibration, or injurious or obnoxious noises, vibrations, smoke, gas, through fire or explosive hazard, or glare, are expressly fumes, odors, dust, debris, or other objectionable prohibited in all districts. features, which shall include truck box bodies, or be hazardous to the community on account of fire or [p. 37] explosions or any other cause. No permit shall be granted for any use which may prove injurious to the safety or general welfare of the neighborhood into which it proposes to locate or which may prove destructive of property values because of any excessive nuisance qualities. [pp.35, 36] 5320 Stormwater Runoff. No stormwater runoff in excess 3.6.4.C 7. Protection of adjacent and nearby properties from of rates existing prior to new construction shall be detrimental site impacts from drainage, flooding, undue and allowed and no stormwater runoff in excess of rates loud sounds, odors, dust, light pollution, and diminished air existing prior to new construction shall be discharged quality. No point discharges to abutting properties will be onto a public way or into a public drainage system created or expanded. [p.24] unless there is, in the opinion of the Planning Board, sufficient capacity to handle the additional runoff. No point discharges to abutting properties will be created or expanded. [p.36] 5330 Outdoor Lighting. All outdoor lighting, including 3.6.4.C. 8. Protection of adjacent properties by minimizing the lighting on the exterior of a building or lighting in intrusion of lighting, including parking lot and building parking areas, shall be aimed, located, designed, exterior lighting, through the use of cut-off luminaries, light fitted and maintained to illuminate the task intended shields, lowered height of light poles, screening or similar and to avoid glare and light spillover onto abutting solutions. Except for architectural and interior-lit signs, all and neighboring properties and roadways. exterior site lighting shall be downcast and shall be directed or shielded to eliminate light trespass onto any street or Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 63 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 [p.36] abutting property and to eliminate direct or reflected glare perceptible to persons on any street or abutting property. All site lighting, including architectural, sign, and parking lot lighting, shall be kept extinguished outside of those business hours established under an approved plan, except for lighting determined to be necessary for site security and the safety of employees and visitors. [p.24] 5331. Lighting Fixture Types. Lighting fixture types are defined as follows: Type 1. No light cutoff. Type 2. Luminaire shielded such that peak candlepower is at an angle of 75 degrees or less from vertical, and essentially no light is emitted above the horizontal. Type 3. Luminaire shielded such that total cutoff is at less than 90 degrees from vertical, and no light source is in direct view of an observer four (4) feet above the ground at any point off the premises. [p.36] ILLUSTRATION TYPE 1: NO CUTOFF LUMINAIRE TYPE 2: 90 DEGREE CUTOFF LUMINAIRE TYPE 3: LUMINAIRE WITH LESS THAN 90 DEGREE CUTOFF

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 64 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021

5332. Lighting limitations. The following limitations shall be observed by all uses, unless during special permit proceedings the SPGA determines that it is inherently infeasible for that use (e.g. public outdoor recreation) to meet these standards, and that all reasonable efforts have been made to avoid glare or light overspill onto residential premises and roadways. Maximum luminaire mounting height (feet) Commercial & Residential Industrial Uses Uses

Fixture Type 1 20 10

Fixture Type 2 20 15

Fixture Type 3 20 20

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 65 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Maximum off-site overspill (foot-candles) Commercial & Residential Industrial Uses Uses

Fixture Type 1 0.3 0.2

Fixture Type 2 1.0 0.3

Fixture Type 3 3.0 0.5 5333. No flickering or flashing lights shall be permitted. Processes, such as arc welding, which create light flashes shall be confined within buildings or shielded to prevent either glare or flashing reflected from the sky. 5334. An exterior lighting plan is required in all applications for outdoor lighting, which plan shall include the location, mounting height, and orientation of luminaires, and sufficient technical information on the fixture to determine its type and resulting illumination levels. [pp.37, 38] 5340 Noise. No use shall be permitted within the Town of 3.6.4.C 7. Protection of adjacent and nearby properties from Tewksbury which, by reason of excessive noise detrimental site impacts from drainage, flooding, undue and generated therefrom, would cause nuisance or loud sounds, odors, dust, light pollution, and diminished air hazard to persons or property, all in accordance with quality. No point discharges to abutting properties will be the provisions set forth in 310 CMR 7.10(1), which created or expanded. prohibit willful or negligent emissions of sound which [p. 24] may cause noise. [p.38] 5350 Solid Waste Storage. Any accessory receptacle or structure with holding capacity of at least one hundred (100) cubic feet for temporary storage of solid or liquid waste materials, including garbage,

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 66 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 rubbish, junk, discarded bulk items and similar waste items shall be located not less than ten (10) feet from any structure and shall be screened from all adjacent premises and streets from which it would otherwise be visible in accordance with this By-Law. [p.38] 5360 Other. 3.6.4.C 7. Protection of adjacent and nearby properties from 5361. No vibration, odor, glare, or flashing shall detrimental site impacts from drainage, flooding, undue and be detectable without instruments at any lot line loud sounds, odors, dust, light pollution, and diminished air of a residential or institutional use. quality. No point discharges to abutting properties will be created or expanded. 5362. Cinders, dust, fumes, gases, odors, smoke, [p.24] radiation, refuse or other waste materials shall be effectively confined to the premises and treated or disposed of in accordance with state, federal, and town laws and regulations. 5363. No process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in excess of ten (10) percent in line voltage off the premises. 5364. All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against hazards from fire and explosion, and with adequate firefighting and fire suppression equipment standard in this industry. Burning of waste materials in the open, contrary to state law is prohibited. 5365. All materials which may be edible by or attractive to rodents or insects shall, when stored in or outdoors, be stored in tightly closed containers. [p.38]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 67 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 5400 LANDSCAPING, SCREENING, AND BUFFER REQUIREMENTS 5410 Open Space Landscaping Standards. Any landscaping on open space shall be designed to enhance the visual impact of the use upon the lot and adjacent property. Where appropriate, existing vegetation may be retained and used to satisfy the landscaping requirements. Open space areas shall be kept free of encroachment by all buildings, structures, storage areas or parking. Open space landscaping shall be maintained as open planted areas and used to (1) ensure buffers between properties, (2) provide landscaped areas between buildings, (3) minimize the visual effect of the bulk and height of buildings, structures, parking areas, lights or signs and (4) minimize the impact of the use property on land and water resources. [p.38] 5411 In the Commercial and R40 District where a business 6.1.12.H 1. Nonresidential and Residential. Where nonresidential uses or industrial use abuts a residential district, a abut single-family residential districts, a landscape buffer landscape buffer up to a minimum of 20 feet in depth of a minimum of 20 feet in depth may be required by the designed to mitigate the impact of the business or Planning Board. This landscape buffer shall be planted to industrial use on abutting residential districts may be mitigate the impact of the commercial, business, or required by the Planning Board between the business industrial uses on the abutting residential districts. This or industrial use and the residential district, and that provision may be construed to include residential districts this provision shall be construed to regulate lots located across a public way from the commercial, business across a public way from lots located in the R40 or or industrial use. [p.59] R80 Zone. [pp.38, 39] 5412 In the Heavy Industry District where a business or 6.1.12.H 1. Nonresidential and Residential. Where nonresidential industrial use abuts a residential district, a landscape uses abut single-family residential districts, a landscape buffer of a minimum of 30 feet up to a maximum of buffer of a minimum of 20 feet in depth may be required by 60 feet in depth designed to mitigate the impact of the Planning Board. This landscape buffer shall be planted to the business or industrial use on abutting residential mitigate the impact of the commercial, business, or industrial

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 68 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 districts shall be required by the Planning Board uses on the abutting residential districts. This provision may between the business or industrial use and the be construed to include residential districts located across a residential district, and that this provision shall be public way from the commercial, business or industrial use. construed to regulate lots across a public way from [p.59] lots located in the R40 or R80 Zone. [p.39] 5413 All parking lots and loading facilities shall be suitably 6.1.12 A. General Standards. All parking lots and loading landscaped to minimize their visual impact on the lot facilities shall be suitably landscaped to minimize their visual and upon adjacent property by the use of existing impact on the lot and upon adjacent property by the use of vegetation where appropriate and by the use of new existing vegetation where appropriate and by the use of new trees, shrubs, walls, fences or other landscape trees, shrubs, walls, fences or other landscape elements. elements. Any parking lot with more than 40 parking B. Any parking lot with more than 40 parking spaces spaces shall include a landscaped area(s) shall not be shall include a landscaped area(s) not less than 5 percent of less in area than five (5) percent of the total area of the total area of the parking lot. Landscaped area(s) shall be the parking lot and shall be in addition to any provided with a minimum width of at least 10 feet, curbing minimum open space required under Section 5. and shade trees of at least 12 feet in height or such other Landscaped area(s) shall be provided with a minimum landscaping as may be required by the Planning Board. width of at least 10 feet, curbing and shade trees of at least 12 feet in height or such other landscaping as C. Planted Area Requirements. Areas shall be planted may be required by the Planning Board. with native plant species and shall contain an appropriate [p.39] mix of flowers, shrubs, hedges and trees. Plant species shall be appropriate to proposed use, siting, soils, and other environmental conditions. Where the Planning Board determines that the planting of trees is impractical, the applicant may substitute shrubbery for trees. D. Shrubs and Hedges. Shrubs and hedges shall be at least 2 feet in height at the time of planting, and have a spread of at least 18 inches. E. Grass. Grass is preferable to mulch where practical. F. Tree Preservation. Existing trees with a caliper of 6 inches or more shall be preserved wherever feasible. G. Tree Requirements. Deciduous trees shall be at least 2 inches in caliper as measured six inches above the root ball at time of planting. Deciduous trees shall be expected to

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 69 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 reach a height of 20 feet within ten years after planting. Evergreens shall be a minimum of eight feet in height at the time of planting. [pp.58, 59]

5414 In the Heavy Industrial and MFD Districts, 6.1.11 C. Buffers. Unless otherwise provided for in this Section

a. The required front yard setback shall be suitably 6.1, no parking space or other paved surface, other than

landscaped and shall not be used for parking, storage access driveway(s) or walkways, shall be located within 10

or other purposes inconsistent with the landscaped feet of any lot line, or within 20 feet of a property line

effect; abutting a street right-of-way, and no parking space or other paved surface, other than access driveway(s) or walkways, b. Each lot shall have access only at designated shall be located within the limits of a landscape buffer area driveways; each lot may have not more than two (2) required by Section 6.1. driveways and one (1) additional driveway for each [p.58] 200 feet of street frontage above the minimum 6.1.10. Nonresidential Driveway Requirements required; driveways shall conform to Section 5171 of A. Access Driveway. Each lot may have one access this Bylaw; driveway which shall be at least 24 feet wide at its narrowest c. A strip not less than 30 feet wide in all side and point but not more than the required width for safe vehicle rear yards where adjacent to any R40 or R80 zone movements onto the adjacent roadway, without entering shall be suitably landscaped and not used for parking into the opposing lane. Each lot may have one additional or any use prohibited in such an adjacent district. access driveway for each 200 feet of frontage provided all access driveway(s) shall be at least 200 feet apart on the lot [p.39] measured from the centerline of each access driveway. The minimum width of a one-way only access driveway may be reduced to 14 feet at its narrowest point. B. Access Driveway. Entrance and exit driveways shall be designed and located the maximum practicable distance from any intersection so as to minimize conflict with traffic and provide clear visibility and sight distances for the observation of approaching vehicular, bicycling and pedestrian traffic provided that no portion of an entrance or exit driveway at the edge of the street pavement shall be closer than 50 feet to a street intersection. The Planning Board, as Special Permit Granting Authority, may waive this

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 70 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 requirement if it finds that practicable difficulties with the lot size or shape would result in no driveway being allowed under this provision. [p.57] 5420 Parking and Loading Area Design and Location for 6.1.11.C Buffers. Unless otherwise provided for in this Section 6.1, no Nonresidential Facilities. The following regulations parking space or other paved surface, other than access shall apply to all uses other than single and two driveway(s) or walkways, shall be located within 10 feet of family dwellings and municipal uses: any lot line, or within 20 feet of a property line abutting a

No off-street parking area shall be located within ten street right-of-way, and no parking space or other paved 5421 (10) feet of a property line, within twenty (20) feet of surface, other than access driveway(s) or walkways, shall be

a property line abutting a street right-of-way, or in located within the limits of a landscape buffer area required [p.58] any required yard adjacent to a residential or by Section 6.1.

institutional use.

5422 Sidewalks are required within the site where 6.1.11.D Sidewalks. Sidewalks are required within the site where necessary for safe pedestrian access and circulation. necessary for safe pedestrian access and circulation. There There shall be a marked pedestrian aisle at each shall be a marked pedestrian aisle at each entrance to the entrance to the building served by the parking lot. building served by the parking lot. Sidewalks are required Sidewalks are required along all public ways to which along all public ways to which the site abuts and must be the site abuts and must be connected to the connected to the sidewalks and pedestrian aisles within the sidewalks and pedestrian isles within the site to site to provide safe access to entrance(s) to the building from provide safe access to entrance(s) to the building the public way(s). Sidewalks shall be constructed in from the public way(s). Sidewalks must be accordance with the Planning Board’s Subdivision Rules and constructed in accordance with the Planning Board’s Regulations. [p.58] Subdivision Rules and Regulations. Parking spaces more than five hundred (500) feet 6.1.11.E Parking Distance Limitation. Parking spaces more than 500 5423 from the building entrance they serve may not be feet from the building entrance they serve may not be counted towards fulfillment of parking requirements counted toward fulfillment of parking requirements unless unless the Planning Board determines that the Planning Board determines that circumstances justify this circumstances justify this greater separation of greater separation of parking from the use and approves the parking from use. distance under Section 6.1.6 A. [p.58] 6.1.8.B Pavement. All parking spaces and driveways except for those 5424 All required parking areas except those serving serving single-family dwellings shall be paved. The Planning single-family residences shall be paved, unless Board may approve a special permit to waive this exempted on special permit from the Planning Board Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 71 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 for cases such as seasonal or periodic use where requirement where circumstances justify a waiver and where unpaved surfaces will not cause dust, erosion, hazard, the unpaved surfaces will not cause dust, erosion, a hazard, or unsightly conditions. and unsightly conditions. [p.56]

Parking areas shall not require vehicles to back onto a 5425 6.1.8.A public way. Backing Out. Parking facilities shall not be designed in a manner that requires backing out into a public way. [p.56] 5426. Parking areas for ten (10) or more cars shall provide screening in accordance with Section Buffers. Unless otherwise provided for in this Section 6.1, no 5000. 6.1.11.C parking space or other paved surface, other than access 5427. No dead end aisle shall exceed five (5) driveway(s) or walkways, shall be located within 10 feet of parking spaces in width. any lot line, or within 20 feet of a property line abutting a street right-of-way, and no parking space or other paved 5428. Continuous curbing shall be provided to surface, other than access driveway(s) or walkways, shall be control access and drainage, unless the Planning located within the limits of a landscape buffer area required Board determines that circumstances justify by Section 6.1. [p.57] otherwise. 5429. Curb stops, planting strips or other means 6.1.8.C Dead End Aisles. Dead end aisles shall not serve more than 5 shall be provided to maintain a minimum usable parking spaces on either side of the aisle unless waived by sidewalk width of four feet or the minimum width the Planning Board. required by the Americans with Disabilities Act. 6.1.8.D Curbing. Continuous curbing shall be provided around the edges of a parking lot and around landscaped islands within [pp.39-40] the parking lot to control access and drainage. The Planning

Board may approve a special permit to waive this

requirement where circumstances justify a waiver and where

the lack of curbing will not result in a safety hazard. 6.1.8.E ADA & AAB Compliance. Curb stops, planting strips, or other similar means shall be provided to maintain a minimum usable sidewalk width of four feet or the minimum width required by the Americans with Disabilities Act. All parking facilities shall meet the requirements of the ADA and the Massachusetts Architectural Access Board Regulations at 521 CMR 23:00. [p.56]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 72 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 5430 Parking Areas with Twenty or More Spaces. The following shall apply to entrances or exits to all parking areas with twenty (20) or more spaces: 6.1.10.B Entrance or exit center lines shall not fall within fifty Access Driveway. Entrance and exit driveways shall be 5431 (50) feet of an intersection of street sidelines or designed and located the maximum practicable distance

within one hundred fifty (150) feet of the centerline from any intersection so as to minimize conflict with traffic

of any other parking area entrance or exit on the and provide clear visibility and sight distances for the

same side of the street, whether on the same parcel observation of approaching vehicular, bicycling and

or not, if serving twenty (20) or more spaces. Uses pedestrian traffic provided that no portion of an entrance or

shall arrange for shared egress if necessary to meet exit driveway at the edge of the street pavement shall be

these requirements, unless the Planning Board closer than 50 feet to a street intersection. The Planning

determines that circumstances justify otherwise. Board, as Special Permit Granting Authority, may waive this requirement if it finds that practicable difficulties with the lot 5432 Safe sight stopping distance shall be provided for the size or shape would result in no driveway being allowed roadway posted speed limits. under this provision. 5433 Street entrances shall be designed consistent with Massachusetts DPW Traffic Regulations, section [p.57] 10A-9 or subsequent revisions. 6.1.11.F Snow Storage. Parking facilities with 20 or more spaces shall 5434 Snow storage shall be designated as a separate area designate a separate snow storage area exclusive of required exclusive of required landscaping and paved parking landscaping and paved parking areas. For lots greater than areas. For lots greater than 100 spaces, snow storage 100 spaces, snow storage is required at 5,000 square feet of is required at 5,000 square feet of area per 43,560 area per 43,560 square feet (1 acre) of parking lot shown on square feet (1-acre) of parking lot shown on a plan. a plan. The Planning Board may allow for a reduction of the The Planning Board may allow for a snow removal required snow storage area based on approval of a snow plan to reduce the amount of area specifically removal plan. [p.58] designated as snow storage. [p.40] 5440 Planted Area Requirements. Planted areas shall 6.1.12 Landscaping Requirements contain an appropriate mix of the following types of A. General Standards. All parking lots and loading facilities plants. Plant species shall be appropriate to shall be suitably landscaped to minimize their visual impact proposed use, siting, soils, and other environmental on the lot and upon adjacent property by the use of existing conditions. Where the Planning Board determines vegetation where appropriate and by the use of new trees, that the planting of trees is impractical, the permit shrubs, walls, fences or other landscape elements.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 73 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 applicant may substitute shrubbery for trees. B. Any parking lot with more than 40 parking spaces shall

Shrubs and hedges shall be at least 2 feet in height at include a landscaped area(s) not less than 5 percent of the 5441 the time of planting, and have a spread of at least 18 total area of the parking lot. Landscaped area(s) shall be

inches. provided with a minimum width of at least 10 feet, curbing and shade trees of at least 12 feet in height or such other 5442 Grass is preferable to mulch where practical. landscaping as may be required by the Planning Board. Existing trees with a caliper of six inches (6") or more C. Planted Area Requirements. Areas shall be planted with 5443 shall be preserved wherever feasible. native plant species and shall contain an appropriate mix of flowers, shrubs, hedges and trees. Plant species shall be 5444 Deciduous trees shall be at least two (2") inches in appropriate to proposed use, siting, soils, and other caliper as measured six (6") inches above the root ball environmental conditions. Where the Planning Board at time of planting. Deciduous trees shall be determines that the planting of trees is impractical, the expected to reach a height of 20 feet within ten years applicant may substitute shrubbery for trees. after planting. Evergreens shall be a minimum of D. Shrubs and Hedges. Shrubs and hedges shall be at least 2 eight (8') feet in height at the time of planting. feet in height at the time of planting, and have a spread of at [p.40] least 18 inches. E. Grass. Grass is preferable to mulch where practical. F. Tree Preservation. Existing trees with a caliper of 6 inches or more shall be preserved wherever feasible. G. Tree Requirements. Deciduous trees shall be at least 2 inches in caliper as measured six inches above the root ball at time of planting. Deciduous trees shall be expected to reach a height of 20 feet within ten years after planting. Evergreens shall be a minimum of eight feet in height at the time of planting. [pp. 58, 59] 5450 Coordination with Site Plan Approval. The Planning 3.6.4.C. 11. Provision of appropriate landscaping and other site Board may require a landscaping plan as part of the amenities to enhance the visual quality of the property, to overall site plan for the premises. Such landscaping provide a landscaped green space parallel to the property plan shall be at a scale sufficient to determine frontage, and to provide screening as necessary of adjacent compliance with the specifications set forth in this properties. [p.24] section. [p.41] 5460 Maintenance of Landscaped Areas. The owner of the 6.1.12.H 3. Maintenance of Landscaped Areas. The owner of the property used for nonresidential purposes shall be nonresidential use shall be responsible for the

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 74 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 responsible for the maintenance, repair and maintenance, repair, and replacement of all landscaping replacement of all landscaping materials installed in materials installed in accordance with this section. All accordance with this section. All plant materials plant materials shall be maintained in a healthy condition. required by this chapter shall be maintained in a Dead limbs, refuse, and debris shall be promptly removed. healthful condition. Dead limbs, refuse and debris Dead plantings shall be replaced with new live plantings at shall be promptly removed. Dead plantings shall be the earliest appropriate season. Bark mulch and non-plant replaced with new live plantings at the earliest ground surface materials shall be maintained so as to appropriate season. Bark mulch and non-plant control weed growth. [p.59] ground surface materials shall be maintained so as to control weed growth. [p.41] 6.1.6 Remote or Shared Parking The Planning Board may grant a special permit for either nonresidential remote parking or nonresidential shared parking based on the following criteria: A. Remote Parking 1. The property to be used for remote parking shall be owned or leased by the owner of the use being served by the remote parking, or the owner shall have a written agreement allowing for the remote parking to be used for the use served. Any written agreement shall be subject to approval by the Planning Board. 2. Except where valet parking or other transportation between the subject use and the remote parking is provided, the maximum distance between the site of the use and the remote parking shall be 500 feet. 3. The remote parking area and access from the remote parking area to the site of the use shall have reasonable and safe access, including adequate lighting, at all hours the remote parking area is in use. 4. The remote parking area shall be located on non- residentially zoned property. B. Shared Parking 1. Shared spaces shall be available to jointly serve 2 or

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 75 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 more uses on the same site that are not normally open or used during the same time or uses that do not have overlapping peak parking demands. The applicant shall show that peak parking demand, operating hours, and other similar factors for the uses justify the approval of shared space. 2. Not more than 50 % of the parking spaces serving the use or facility shall be counted as shared spaces. 3. A written agreement executed by all parties who are subject to the use of joint parking and that defines all aspects and responsibilities of the joint parking arrangement shall be approved by the Planning Board. [pp.55, 56] SECTION 6000. SPECIAL REGULATIONS 6100 ADULT USE ESTABLISHMENTS [pp.42-44] SECTION 7.3 ADULT USE ESTABLISHMENTS (NO CHANGE) [pp.79-81] 6200 TRANSITIONAL DISTRICT REGULATIONS 6210. Hours of Operation. Hours of business within the zone shall be from no earlier than 7:00 AM to no later than 9:00 PM. 6220. Structures. It is the intent of these regulations that exiting structures located in the Transitional District shall remain residential in appearance regardless of the use, and that new structures shall be residential in appearance regardless of the use. 6230. Pavement. Any pavement within ten feet of any lot line requires site plan approval from the Planning Board with attention to protecting abutting property. 6240. Parking. Parking areas shall be limited to back yards or side yards, and only if such parking is screened from view from the front and side. No

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 76 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 parking in the front yard may be permitted. [p.44] 6300 OFFICE RESEARCH DISTRICT

6310 Dimensional requirements in the Office Research SEE SECTION 5.3.4 District shall comply with the Dimensional Regulations: Appendix B, Sections 4000 and 4200 of [p.36] the Heavy Industrial District. The Planning Board may waive the Heavy Industrial dimensional requirements in the Office Research District upon granting a Special Permit subject to findings of Special Permits, Section 9300 herein. [p.44] 6311. Landscaping Screening and Buffer SEE SECTION 6.1.12 Requirements in the Office Research District shall comply with those of Section 5400 of the Heavy [pp.58, 59] Industrial District. The Planning Board may waive the Landscaping Screening and Buffer requirements in the Office Research District upon granting a Special Permit subject to findings of Special Permits, Section 9300 herein. [p.44] 6320. Accessory Uses (ACC). In the Office Research Districts, upon Special Permit findings, projects may also provide optional accessory use services on site, including but not limited to local transportation, barber/beauty services, sundries for personal consumption, and other amenities, provided: 6321. such uses serve primarily the employees of the development; 6322. such uses are conducted within and may be entered only from a principal building; 6323. there is no external evidence of such uses; and 6324. the appearance and character of Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 77 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 commercial uses are compatible with the project. 6325. Upon approval by the Board, a project within the Office Research District may include Accessory Retail uses. The total amount of gross building floor area used for Accessory Retail uses shall not exceed five percent (5%) of the total gross building floor area of the entire OR project, or 10,000 square feet, whichever is greater. This requirement may be varied based upon a special permit finding of the Planning Board. 6326. Upon approval by the Board, a project within the Office Research District may include Accessory Restaurant uses. The total amount of gross building floor area used for Accessory Restaurant uses shall not exceed five percent (5%) of the total gross floor area of the entire project, and shall contain a maximum of 100 seats. This requirement may be varied based upon a special permit finding of the Planning Board. In addition, upon approval by the Board, a free standing Restaurant may be allowed by Special Permit in the OR. The Special Permit may be granted if the board determines that the Restaurant use is necessary in meeting the needs of existing occupants within the Office Research District immediately adjacent thereto. Fast Food and Drive-thru facilities shall not be allowed. [pp. 44,45] 6400 WIRELESS COMMUNICATIONS FACILITIES SPECIAL 8.5 WIRELESS COMMUNICATIONS FACILITIES PERMIT 6401. Purpose. The purpose of this Section 6400 is to 8.5.1. Purpose provide for a special permitting process for the siting The purpose of this Section 8.5 is to provide for a special of wireless communications facilities while permit process for the siting of wireless communications Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 78 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 minimizing adverse visual impacts on adjacent facilities while minimizing adverse visual impacts on adjacent properties, residential neighborhoods, and areas of properties, residential neighborhoods, and areas of high high scenic and artistic value; to limit the overall scenic and artistic value; to limit the overall number and number and height of such facilities to what is height of such facilities to what is essential to serve the essential to serve the public convenience and public convenience and necessity; and to promote shared necessity; and to promote shared use of facilities to use of facilities to reduce the need for new facilities. reduce the need for new facilities. 8.5.2. Applicability 6402 Applicability. Towers and structures for A. Towers and structures for Wireless Communication Wireless Communication Facilities including a base Facilities shall be subject to the issuance of a Wireless station for a Distributed Antenna System (DAS) may Communications Facilities Special Permit by the Planning be allowed only in: Board. B. Nothing in this Section 8.5 shall be construed to a. Municipal Districts, and additional Municipal land regulate or prohibit amateur radio towers used solely by a only as shown on the Wireless Communications federally licensed amateur radio operator or wireless Facilities Overlay District Map, communications structures and devices used expressly and exclusively for television reception. Nothing in this Section b. Land within 200 feet of Federal Highways Routes 8.5 shall be construed to regulate or prohibit a wireless 93 and 495 in Heavy Industrial Districts, and the communication facility based on environmental effects of Office Research District, as shown on the Wireless radio frequency radiation (RFR) emissions. Communications Facilities Overlay District Map, [pp.96, 97] c. Electric power transmission line easements and/ or, lands where there are electric transmission lines on existing structures or poles with a height of at least 50 feet in Heavy Industrial Districts and the Office Research District, only as shown on the Wireless Communications Facilities Overlay District Map,

d. Churches, temples, synagogues and like buildings as determined by the Planning Board.

e. Golf Courses, only as shown on the Wireless Communications Facilities Overlay District Map.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 79 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021

f. Further, utility-pole-mounted DAS antennas are permissible on public and private ways according to the criteria in this bylaw.

Wireless Communication Facilities, including a DAS installation, shall be subject to the grant of a WIRELESS COMMUNICATIONS FACILITIES SPECIAL PERMIT by the Planning Board. Nothing in this Section shall be construed to regulate or prohibit amateur radio Towers used solely by a federally licensed amateur radio operator or wireless communications structures and devices used expressly and exclusively for television reception. Nothing in this Section 6400 shall be construed to regulate or prohibit a wireless communication facility on the basis of environmental effects of radio frequency radiation (RFR) emissions.

6403 Special Permit Waiver of Applicability by the Planning Board. To encourage wireless communications providers to deliver their services in an unobtrusive manner and produce the best coverage solution for the areas of the town, sitings of wireless communication facilities may be allowed in areas other than those listed in 6402, only by a grant of a Waiver by the Planning Board. This Waiver shall be subject to all other sections of 6400 and shall only be granted upon findings that the benefit of said waiver provides a substantially better solution in aesthetics and coverage than could be achieved in the available areas listed in 6402. Such Waiver shall include the use of those wireless facility options as are

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 80 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 available, such as but not limited to, towers, stealth designs, rooftops, water tanks, existing structures and DAS facilities. The Planning Board encourages applicants for this Special Permit Waiver of Applicability to have a preliminary discussion with the Board prior to a formal application submittal.

[pp.45,46]

6404. Special Permit Granting Authority. The special permit granting authority under this Section 6400 shall be the Planning Board. [p.46]

6410. Priority Location of Wireless Communication Facilities

6411. Wireless communications facilities. Towers may be allowed provided that they comply with the priority requirements for the location of Towers as set forth below.

a. The first priority shall be given to the Municipal District and additional land only as shown on the Wireless Communications Facilities Overlay District Map.

b. The second priority shall be given to the concealment of antennas within Churches, and like buildings, such as in spires, steeples, belfries and the like.

c. The third priority shall be given to

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 81 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 remaining areas of allowed use as stated in Section 6402.

Wireless Communications Facilities that do not have wireless communications antennas on site (with the exception of small antennas for GPS and geo-location services not exceeding 18 inches in height), such as DAS base station facilities, may be installed on any parcel without regard for the priority hierarchy in this section. Such facilities remain subject to all other pertinent criteria under this bylaw and the other Zoning Bylaws. [pp.46,47] 6412. Applicant must provide documentation to the satisfaction of the Planning Board that alternatives in the higher priority locations are not feasible, if a lower priority location is proposed. [p.47]

6420. Definitions. The following definitions are Section 2 Definitions exclusive to this Section 6400. WIRELESS COMMUNICATIONS, the following terms and definitions pertain to wireless communications: Antenna means the device that transmits and/or ANTENNA: The device that transmits and/or receives radio receives radio frequency emissions in free space. frequency emissions in free space. Antenna can be modified Antenna can be modified by the addition of a by the addition of a clarifying term, such as GPS Antenna, or clarifying term, such as GPS Antenna, or Personal Personal Wireless Service Antenna, that delineates the Wireless Service Antenna, that delineates the specific type or purpose of the Antenna. specific type or purpose of the Antenna.

Antenna Support Structure means any structure ANTENNA SUPPORT STRUCTURE: Any structure whose whose purpose is primarily to support an purpose is primarily to support an Antenna, which includes Antenna, which includes such structures as such structures as Towers, masts, posts, poles, and the like. Towers, masts, posts, poles, and the like.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 82 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021

Base Station means the equipment for one or BASE STATION: The equipment for one or more personal more personal wireless services installed at a site wireless services installed at a site to transmit and receive to transmit and receive wireless communications. wireless communications. Typically, a Base Station is Typically, a Base Station is connected to a set of connected to a set of wireless antennas at the site of the wireless antennas at the site of the Base Station, Base Station, except in the case of the Base Station for a except in the case of the Base Station for a Distributed Antenna System, which is housed remotely from Distributed Antenna System, which is housed the antennas. remotely from the antennas.

Base Station Facility means the place within BASE STATION FACILITY: The place within which one or more which one or more wireless services install Base wireless services install Base Stations that support the Stations that support the operation of a operation of a Distributed Antenna System without relying Distributed Antenna System without relying on on wireless antennas at the site of the Base Station Facility. wireless antennas at the site of the Base Station Facility.

Distance means measured on a horizontal plane. DISTRIBUTED ANTENNA SYSTEM (“DAS”): A geographically Distributed Antenna System (“DAS”) means a diversified Wireless Communications Facility with which the geographically diversified Wireless Base Station equipment is located remotely from the Communications Facility with which the Base facility’s antennas. Typically, the Base Station is contained in Station equipment is located remotely from the a Base Station Facility at one location, and the antennas are facility’s antennas. Typically, the Base Station is placed on utility poles at other locations; the antennas are contained in a Base Station Facility at one driven by Radio Access Nodes (“RAN”), which are electronics location, and the antennas are placed on utility cabinets mounted on the utility poles, and are poles at other locations; the antennas are driven interconnected to the Base Station Facility by cables, usually by Radio Access Nodes (“RAN”), which are fiber optic. electronics cabinets mounted on the utility poles, and are interconnected to the Base Station Facility by cables, usually fiber optic.

Dwelling means a building or portion thereof,

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 83 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 designed exclusively for residential occupancy, including single family, two family or multiple family dwelling (apartment), but not including hotels and motels.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means distance measured from the mean finished ground level at the base to the highest point on the structure.

Nonresidential Structure means a building, water Tower or other similar structure, but not a Dwelling.

Personal Wireless Services means the same as in PERSONAL WIRELESS SERVICES: Means the same as in 47 47 U.S.C. 332(c)(7)(C)(i), “commercial mobile U.S.C. 332(c)(7)(C)(i), “commercial mobile services, services, unlicensed wireless services, and unlicensed wireless services, and common carrier wireless common carrier wireless exchange access exchange access services.” services.”

Stealth Treatment means any construction that is STEALTH TREATMENT: Any construction that is compatible compatible with its surroundings that conceals or with its surroundings that conceals or camouflages Antennas, camouflages Antennas, wireless communications wireless communications buildings, devices, facilities and/or buildings, devices, facilities and/or Towers, such Towers, such as, but not limited to: monopoles, trees, light as, but not limited to: monopoles, trees, light poles, flag poles. poles, flag poles. Tower means an Antenna Support Structure that TOWER: An Antenna Support Structure that measures 12 measures twelve feet (12’) or more in height and feet or more in height and is used by a Personal Wireless is used by a Personal Wireless Service Provider to Service Provider to provide Personal Wireless Services.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 84 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 provide Personal Wireless Services.

Wireless Communications Building means a WIRELESS COMMUNICATIONS BUILDING: A building or building or structure built or occupied for the structure built or occupied for the primary purpose of primary purpose of providing Personal Wireless providing Personal Wireless Services. Services.

Wireless Communications Device means any WIRELESS COMMUNICATIONS DEVICE: Any antenna, dish, antenna, dish, appurtenance, wiring or equipment appurtenance, wiring or equipment used by a Personal used by a Personal Wireless Service provider to Wireless Service provider to provide Personal Wireless provide Personal Wireless Services. This term Services. This term does not include Towers or other does not include Towers or other structures structures intended to house or support Wireless intended to house or support Wireless Communications Devices. It also does not include Personal Communications Devices. It also does not include Wireless Service components placed within a building to Personal Wireless Service components placed serve the occupants of the building, as well as personal, within a building to serve the occupants of the portable, and mobile Personal Wireless Service devices. building, as well as personal, portable, and mobile Personal Wireless Service devices.

Wireless Communications Facility means the WIRELESS COMMUNICATIONS FACILITY: The installation installation consisting of any of the following at a consisting of any of the following at a site that is intended to site that is intended to provide Personal Wireless provide Personal Wireless Services: any and all materials, Services: any and all materials, equipment, equipment, buildings, Towers, Wireless Communications buildings, Towers, Wireless Communications Devices and structures. Devices and structures. [pp.47,48] [p. 18] 6430. Siting and Height Requirements. 8.5.3. Siting and Height Requirements. a Wherever feasible, Wireless Communications A. Wherever feasible, Wireless Communications Devices shall Devices shall be located on existing be located on existing towers or other existing structures and Towers, or other existing structures and be subjected be subjected to stealth treatment appropriate for the to Stealth Treatment appropriate for the context of context of the facility. the facility. B. Wireless communications facilities may be located on the b. Wireless communications facilities may be located same lot as other structures or uses lawfully in existence, on the same lot as other structures or uses lawfully in subject to the provisions of Section 8.5.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 85 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 existence, subject to the provisions of Sections 6400. C. The minimum distance from the base of a tower, including c. The minimum distance from the base of a Tower, towers with stealth treatment to any property line, road, including Towers with Stealth Treatment to any right-of-way, power line easement, or railroad right-of-way property line, road, right-of-way, power line shall be at least equal to the height of the Tower. The easement or railroad Planning Board may waive this requirement up to the front, right-of-way shall be at least equal to the height of side, or rear zoning district set-back upon findings that the the Tower. The Planning Board may waive this waiver will result in a design more compatible with the requirement up to the district set-back upon findings surrounding area. that the waiver will result in a design more D. A Tower shall be setback a minimum distance of 400 feet compatible with the surrounding area. from an abutting residential district, except that this distance d. A Tower shall be setback a minimum distance of may be reduced for Towers if the Planning Board finds that 400 feet from abutting Residential and Multifamily reduction in the setback distance would produce a better Districts, except that this distance may be reduced for result (aesthetically) to the neighborhood than alternative Towers if the Planning Board finds that reduction in proposals, but in no event shall the setback minimum the setback distance would produce a better result distance be less than 100 feet from a residential district. This (aesthetically) to the neighborhood than alternative requirement shall supersede Subsection C above, where proposals, but in no event shall the setback minimum applicable. This requirement may be waived subject to a distance be less than 100 feet, from Residential and grant of the Special Permit Waiver. Multifamily Districts. This Requirement shall E. The maximum allowed height of a tower shall not exceed supersede 6430.c, above, where applicable. This 100 feet unless the applicant demonstrates that a greater requirement may be waived subject to a grant of the height is required to allow for provision of the wireless Special Permit Waiver in 6403. communications services and the Planning Board finds that a e. The maximum allowed height of a Tower shall not height over 100 feet is desirable based on a balanced review exceed one hundred (100) feet unless the applicant of aesthetics and wireless coverage for the area. demonstrates that a greater height is required to allow for provision of the wireless communications [p.97] services and the Planning Board finds that a height over 100 feet is desirable based on a balanced review of aesthetics and wireless coverage for the area. [pp.48, 49]

6440. Design Requirements. 8.5.4. Design Requirements A. Wherever feasible and appropriate, wireless

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 86 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 a. Wherever feasible and appropriate, wireless communications facilities, including their constituent devices communications facilities, including their constituent and towers, shall be subjected to stealth treatment Devices and Towers shall be subjected to Stealth appropriate for the context of the facility. Treatment appropriate for the context of the facility. B. All building-mounted wireless communications b. All building mounted wireless communications devices that are visible from the ground or another property devices that are visible from the ground or another shall be designed and located so as to appear to be an property shall be designed and located so as to integral part of the existing architecture of the building and appear to be an integral part of the existing shall be of colors that are compatible with those of the architecture of the building and shall be of colors building or landscape. that are compatible with those of the building or C. The wireless communications facility may be fenced landscape. to control access, as determined by the Planning Board. c. The wireless communications facility may be Fencing shall be compatible with and of similar materials and fenced to control access, as determined by the character of surrounding buildings, structures and Planning Board. Fencing shall be compatible with and neighborhood. of similar materials and character of surrounding D. There shall be no signs or advertisements at any buildings, structures and neighborhood. wireless communications facility, except for no trespassing d. There shall be no signs or advertisements at any signs and a required sign giving a phone number where the wireless communications facility, except for no responsible party can be reached on a 24-hour basis. trespassing signs and a required sign giving a phone E. If a building is needed for the equipment associated number where the responsible party can be reached with the use of the device, that building shall be of similar on a 24-hour basis. style and materials as the other buildings on the site, or e. If a building is needed for the equipment nearby site, as determined by the Planning Board. associated with the use of the device, said building shall be of similar style and materials as the other [pp. 97, 98] buildings on the site, or nearby site, as determined by the Planning Board. [p. 49]

6450. Application Process. The Planning Board 8.5.5. Application Process encourages applicants for this Special Permit to have A. The Planning Board encourages applicants for a a preliminary discussion with the Board prior to a Special Permit under this Section 8.5 to have a preliminary formal application submittal. Applications for a discussion with the Board before submitting a formal special permit for siting wireless communications application. Applications for a special permit for siting facilities shall be filed in accordance with Section wireless communications facilities shall be submitted in

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 87 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 9300 Special Permits, and shall further include the accordance with Section 3.5 Special Permits, and additionally following: to the Board of Selectmen and Town Manager, and shall a. Location of the Wireless Communications Facility, further include the following: and its components, such as Base Station Equipment, 1. To site a wireless communications facility at an Antennas, Tower or other Antenna Support Structure, existing tower or nonresidential structure, the applicant shall cables, and the like. be required to comply with Sections 8.5.5 herein above, b. Plans for anchoring, attaching and supporting the except that the Planning Board may waive some of the structure and devices, including specifications of requirements if it finds that they are not applicable or not hardware and all other building material. reasonably necessary to evaluating the proposal. c. Plans for accessory buildings. [p.98] d. Layout and details of surfacing for access road and parking. e. Amenities such as lighting, fencing and landscaping. f. Three (3) view lines from most visible locations within in a one mile radius of the site, plus additional view lines from any historic, scenic or other prominent areas of Town determined by the Planning Board. View lines shall, to the extent feasible, be taken from existing vantage points commonly used by the public, such as public ways, buildings or facilities. The submittal shall include unaltered photographs taken from eye level, five feet (5’) above grade, which show the existing condition of these view lines, as well as accurate scale perspective elevation drawings, computer-altered photographs or other accurate representations showing view lines with the facility in place. Photographic simulations shall be rendered from locations as recommended by the Planning Board. The Visibility Analysis of the facility shall include a Visibility Map prepared by a qualified professional that indicates geographically where the Antenna Support Structure and/or Antennas will be

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 88 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 visible year-round and seasonally. g. A map showing the existing coverage of the Personal Wireless Service in the area surrounding the proposed facility; and a map showing existing plus proposed coverage from the proposed facility. The maps should be accompanied by a scale, a legend, and a detailed explanation of what the maps show as well as why the particular coverage thresholds were selected. h. A locus map at a suitable scale to clearly indicate the proposed Tower site, and shall include street, building structures, and landscape features within a 300 foot radius of the Tower site. i. A narrative report written by the carrier and qualified engineering or other professionals, acceptable to the Planning Board, which shall: 1. Describe the justification and need of proposed site demonstrating a significant gap in coverage. 2. Describe the capacity of the structure, including the number and type of additional facilities and antennas it can accommodate. 3. Describe special design features to minimize the visual impact of the proposed wireless communications facility. 4. State whether a stealth treatment appropriate to the context of the facility is proposed and if not, the reason why such treatment is not feasible or appropriate. 5. Information including: manufacturer’s product literature or photos of existing Towers that illustrate the characteristics of equipment, cabling or antennas that would be exposed to public view. j. List of all other approvals and all other necessary

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 89 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 permits needed for construction and operation. k. As determined by the Planning Board, the applicant shall arrange to fly a balloon of at least 4 feet in diameter at the site of a proposed wireless Antenna Support structure at the maximum height of the proposed installation. [pp.49, 50] 6451. To site a wireless communications facility at an existing Tower or nonresidential structure, the applicant shall be required to comply with Sections 6450 herein above, except that the Planning Board may waive some of said requirements if it finds that they are not applicable or not reasonably necessary to evaluating the proposal. It is encouraged that applicants for collocation have a preliminary discussion with the Planning Board. [p.50] 6452. The above information shall be submitted in accordance with Section 9300, and additionally to the Board of Selectmen and the Town Manager. [p.51] 6460. Approval. 8.5.6 Approval A. The Planning Board may grant a special permit for a 6461. The Planning Board may grant a special permit wireless communications facility only upon making the for a wireless communications facility only upon findings required by G.L. c. 40A, § 9 and the following: making the findings required by M.G.L. c. 40A, s. 9 1. That the applicant has demonstrated to the and the following: satisfaction of the Planning Board that the requirements of this Section 8.5 have been met. a. That the applicant has demonstrated to the 2. That the size and height of the structure are the satisfaction of the Planning Board that the minimum necessary, taking into account the applicant’s requirements of this Section 6400 have been met. objectives and any proposed collocation. b. That the size and height of the structure are the 3. That adverse impact on adjacent properties, residential minimum necessary, taking into account the neighborhoods, historic and artistic structures or scenic applicant’s objectives and any proposed collocation. views is minimized to the extent practical. c. That adverse impact on adjacent properties, 4. That there will be no nuisance or serious hazard

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 90 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 residential neighborhoods, historic and artistic associated with the use. structures or scenic views is minimized to the extent 5. That any reasonable alternatives identified in the pre- practical. application meeting have been determined not to be d. That there will be no nuisance or serious hazard preferable or feasible. associated with the use. e. That any reasonable alternatives identified in the [p.98] pre-application meeting have been determined not to be preferable or feasible. [p.51]

6462. When suitable and appropriate as B. When suitable and appropriate as determined by the determined by the Planning Board, collocation is Planning Board, collocation is encouraged. As a condition of encouraged. As a condition of the special permit the special permit for a wireless communication facility, the for a wireless communication facility, the Planning Planning Board may require that the structure and/ or facility Board may require that the structure and/ or be designed and built so that it is able to accommodate facility be designed and built so that it is able to future wireless communications devices operated by another accommodate future wireless communications carrier with little or no modification, provided that devices operated by another carrier with little or collocation does not materially interfere with the no modification, provided that such collocation transmission or reception of communications signals to or does not materially interfere with the from the existing facility, and provided that there are no transmission or reception of communications structural or other physical limitations that make it signals to or from the existing facility, and impractical to accommodate the proposed additional provided that there are no structural or other wireless communications device. At the request of Town physical limitations that make it impractical to officials, the Planning Board may require the applicant to accommodate the proposed additional wireless provide reasonable access to the facility for municipal communications device. At the request of Town communications. officials, the Planning Board may require the applicant to provide reasonable access to the facility for municipal communications.

6463. Any expansion or extension of wireless C. Any expansion or extension of wireless communications facilities or construction of new communications facilities or construction of new or or replacement Towers or facilities shall require replacement towers or facilities shall require an amendment an amendment to the special permit. An increase to the special permit. An increase in the number of antennas

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 91 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 in the number of antennas or the size of the or the size of the antennas beyond that applied for and antennas beyond that applied for and approved in approved in the special permit, if the antennas are visible or the special permit, if such antennas are visible or if it changes the character of the stealth treatment, also if it changes the character of the stealth requires amendment to the special permit. treatment, also requires amendment to the [p. 98] special permit. [p.51] 6464. Any special permit granted under this D. Any special permit granted under this section shall section shall automatically lapse within one (1) automatically lapse within three years of the date of the year of the date of the grant, not including the grant, not including the time required to pursue or await time required to pursue or await the termination the termination of an appeal, if construction has not of an appeal, if construction has not commenced, commenced, except if the applicant applies to the except if the applicant applies to the Planning Planning Board and it determines good cause to grant a Board and it determines good cause to grant an one-year extension. extension. [p.51] [p.98] 6470. Conditions of Use. 8.5.7. Conditions of Use

6471. The applicant shall be required to maintain A. The applicant shall be required to maintain and keep and keep in good repair all facilities, devices and in good repair all facilities, devices and towers. Towers.

6472. Based on the nature of the facility, the B. Based on the nature of the facility, the Planning Planning Board may require the applicant to post Board may require the applicant to post a bond for the a bond for the removal of wireless removal of wireless communication antenna support communication Antenna Support Structures in structures in the event of non-operation. The amount of the the event of non-operation. The amount of the surety shall be established by a consultant for the Town, surety shall be established by a consultant for the such as an engineer, architect, or other qualified professional Town, such as an engineer, architect or other registered to practice in the Commonwealth of qualified professional registered to practice in the Massachusetts. Commonwealth of Massachusetts as provided for in Section 6480. [pp.51,52] [p.99] 6480. Fees for Outside Consultants. In addition to the special permit filing fees, the applicant shall pay reasonable fees and costs of retaining outside

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 92 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 professional consultant services, including but not limited to professional review of the applicant’s proposal by a professional or radio frequency engineer or other qualified professional, if such services are deemed necessary by the Planning Board, in accordance with M.G. L. c. 44, §53G. [p.52]

6490. Severability. If any section or subsection of this Section 6400 is ruled invalid, such ruling will not affect the validity of the remainder of the Section. [p.52] 8.6 Small Wireless Facilities Outside of Rights of Way

8.6.1 Purpose The purpose and intent of this bylaw section is to permit regulation of the installation of Small Wireless Facilities outside of rights-of-way so as to respect the neighborhood characteristics in which they are proposed to be installed consistent with the purposes set forth in this bylaw and with federal and state law.

8.6.2 Site Plan Approval All installations of Small Wireless Facilities outside of rights- of-way require a site plan approval from the Planning Board.

8.6.3 Policies and Procedures The Planning Board shall adopt and from time to time amend policies and regulations relative to the issuance of a site plan approval for a small wireless facility. A copy of the policies and regulations shall be on file with the Town Clerk. The policies and regulations shall prescribe the form, contents, style, and number for application forms, the fees collectible

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 93 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 with the applications, the process by which the application will be reviewed, the design and location criteria for approval, the time within which the Planning Board will issue a decision, and requirements for recertification. [p.99] 6500 SPECIAL REQUIREMENTS FOR REGISTERED 5.7 MARIJUANA DISPENSARY OVERLAY DISTRICT MARIJUANA DISPENSARIES 5.7.1. Purpose 6510. Purpose

6511. To provide for the establishment of A. To provide for the establishment of Registered Registered Marijuana Dispensaries in appropriate Marijuana Dispensaries in appropriate places and under places and under strict conditions in accordance with strict conditions in accordance with the passage of Chapter the passage of Chapter 369 of the Acts of 2012, An 369 of the Acts of 2012, An Act for the Humanitarian Medical Act for the Humanitarian Medical Use of Marijuana. Use of Marijuana.

6512. To minimize the adverse impacts of B. To minimize the adverse impacts of Registered Registered Marijuana Dispensaries on adjacent Marijuana Dispensaries on adjacent properties, residential properties, residential neighborhoods, schools and neighborhoods, schools, and other places where children other places where children congregate, and other congregate, and other potentially incompatible land uses. land uses potentially incompatible with said Dispensaries. C. To regulate the siting, design, placement, security, 6513. To regulate the siting, design, placement, safety, monitoring, modification, and removal of Registered security, safety, monitoring, modification, and Marijuana Dispensaries. removal of Registered l Marijuana Dispensaries. 5.7.2 5.7.2. District Boundaries 6520. Applicability The boundaries of the Marijuana Dispensary Overlay District shall be as shown on the Zoning Map under Section 4.2. 6521. The cultivation [unless it meets the requirements for an agricultural exemption under Applicability M.G.L. c.40A, § 3], production, processing, assembly, 5.7.3. A. Unless exempt as an agricultural use under G.L. c. packaging, retail or wholesale sale, trade, distribution 40A, § 3, the cultivation, production, processing, assembly, or dispensing of Marijuana for Medical Use is packaging, retail or wholesale sale trade, distribution, or prohibited unless permitted as a Registered dispensing of marijuana for medical use is prohibited unless

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 94 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Marijuana Dispensary under this Section 6500. authorized under a Special Permit from the Planning Board under this Section 5.7. 6522. No Registered Marijuana Dispensary shall be established except in compliance with the provisions B. Nothing in this Bylaw shall be construed to supersede of this Section 6500. federal and state laws governing the sale and distribution of narcotic drugs. 6523. Nothing in this Bylaw shall be construed to supersede federal and state laws governing the sale [p. 48] and distribution of narcotic drugs.

6530. Definitions

Registered Marijuana Dispensary – A facility for the MEDICAL MARIJUANA TREATMENT CENTER, also known as a cultivation, production, processing, assembly, Registered Marijuana Dispensary (RMD): A not-for-profit packaging, retail or wholesale sale, trade, distribution entity registered under 105 CMR 725.100: Registration of or dispensing of Marijuana for Medical Use, located Registered Marijuana Dispensaries, that acquires, cultivates, inside a structure or building. possesses, processes (including development of related products such as edible cannabis or marijuana products, Marijuana for Medical Use – Marijuana that is tinctures, aerosols, oils, or ointments), transfers, transports, designated and restricted for use by, and for the sells, distributes, dispenses, or administers marijuana, benefit of, Qualifying Patients in the treatment of products containing cannabis or marijuana, related supplies, Debilitating Medical Conditions as set forth in or educational materials to registered qualifying patients or Chapter 369 of the Acts of 2012. their personal caregivers for medical use. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, Marijuana – The same substance defined as and preparation of cannabis or marijuana for medical use. “marihuana” under M.G.L. c.94C and 105 CMR [p.13] 725.004. CANNABIS OR MARIJUANA OR MARIHUANA: All parts of any 6540. Eligible Locations for Registered Marijuana plant of the genus Cannabis, not excepted in 935 CMR Dispensaries. 500.002: Cannabis or Marijuana or Marihuana(a) through (c) and whether growing or not; the seeds thereof; and resin 6541. Registered Marijuana Dispensaries, other extracted from any part of the plant; clones of the plant; and than agricultural operations meeting exemption every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 95 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 standards under Chapter 40A Section 3, may be tetrahydrocannabinol as defined in M.G.L. c. 94G, § 1; allowed by Special Permit of the Tewksbury Planning provided that cannabis shall not include: Board in the following locations, as further described (a) the mature stalks of the plant, fiber produced from in the Overlay Map for the Medical Marijuana Overlay the stalks, oil, or cake made from the seeds of the plant, any District dated February 3, 2014 and provided the other compound, manufacture, salt, derivative, mixture or facility meets the requirements of this Section 6500: preparation of the mature stalks, fiber, oil, or cake made a) In the Commercial District on Rt. 38 from the seeds of the plant or the sterilized seed of the plant b) In a stand-alone single use facility that is incapable of germination; c) Must be one thousand two hundred (1,200) (b) hemp; or the weight of any other ingredient feet from schools, churches, daycares or other combined with cannabis or marijuana to prepare topical or locations that children generally congregate, oral administrations, food, drink or other products. [P.11] provided that those facilities were at their current location prior to the effective date of this Bylaw. 5.7.4. General Requirements and Conditions for all Registered 6550. General Requirements and Conditions for all Marijuana Dispensaries Registered Marijuana Dispensaries. A. No Registered Marijuana Dispensary shall be located within 1,200 feet of any school, church, child care center, or 6551. Only one non-exempt Registered Marijuana other location where children generally congregate, provided Dispensary shall be allowed in Town of Tewksbury these facilities existed in their current location prior to the (Town) and it shall be contained within a building or effective date of this Bylaw. structure. B. A Registered Marijuana Dispensary may not be 6552. No Registered Marijuana Dispensary shall located in buildings that contain any medical doctor’s office have a gross floor area in excess of 5,000 square feet. or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana. 6553. A Registered Marijuana Dispensary may not be located in buildings that contain any medical C. The hour of operation of Registered Marijuana doctors offices or the offices of any other Dispensaries shall be set by the Planning Board, but in no professional practitioner authorized to prescribe the event shall they be open or operating between the hours of use of medical marijuana. 8:00 PM and 8:00 AM.

6554. The hour of operation of Registered D. No smoking, burning. or consumption of any product containing marijuana or marijuana-related products shall be Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 96 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Marijuana Dispensaries shall be set by the Special permitted on the premises of a Registered Marijuana Permit Granting Authority, but in no event shall said Dispensary. Dispensaries be open and/or operating between the hours of 8:00 PM and 8:00 AM. E. No Registered Marijuana Dispensary shall be located inside a building containing residential units, including 6555. No smoking, burning or consumption of any transient housing such as motels, hotels and dormitories, or product containing marijuana or marijuana-related inside a movable or mobile vehicle such as a van or truck. products shall be permitted on the premises of a Registered Marijuana Dispensary. F. Signage for the Registered Marijuana Dispensary shall include the following language: “Registration card issued by 6556. No Registered Marijuana Dispensary shall be the Massachusetts Department of Public Health required.” located inside a building containing residential units, The required text shall be a minimum of two inches in height. including transient housing such as motels, hotels and dormitories, or inside a movable or mobile vehicles G. Registered Marijuana Dispensaries shall provide the such as a van or truck. Tewksbury Police Department, Building Commissioner, and the Planning Board with the names, phone numbers and 6557. Signage for the Registered Marijuana email addresses of all management staff and keyholders to Dispensary shall include the following language: whom one can provide notice if there are operating “Registration card issued by the Massachusetts problems associated with the dispensary. Department of Public Health required.” The required text shall be a minimum of two inches in height. 5.7.5 Special Permit Requirements A. A Registered Marijuana Dispensary may only be 6558. Registered Marijuana Dispensaries shall allowed by special permit from the Planning Board acting in provide the Tewksbury Police Department, Building accordance with Section 3.5 of this Bylaw and G.L. c. 40A, § Commissioner and the Special Permit Granting 9, subject to the following statements, regulations, Authority with the names, phone numbers and email requirements, conditions and limitations. addresses of all management staff and keyholders to whom one can provide notice if there are operating B. A special permit for a Registered Marijuana problems associated with the dispensary. Dispensary shall be limited to one or more of the following uses that shall be prescribed by the Planning Board: 6560. Special Permit Requirements 1. Cultivation of Marijuana for Medical Use (horticulture) [special permit not required for sites meeting 6561. A Registered Marijuana Dispensary may only agricultural exemption standards found in G.L. c. 40A, § 3];

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 97 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 be allowed by special permit from the 2. Processing and packaging of Marijuana for Medical Tewksbury Planning Board acting as the Use, including Marijuana that is in the form of smoking Special Permit Granting Authority in materials, food products, oils, aerosols, ointments, and other accordance with M.G.L. c. 40A, §9, subject to products; the following statements, regulations, requirements, conditions and limitations. 3. Retail sale or distribution of Marijuana for Medical Use to Qualifying Patients; and, 6562. A special permit for a Registered Marijuana Dispensary shall be limited to one or more of 4. Wholesale sale of Marijuana for Medical Use to other the following uses that shall be prescribed by Registered Marijuana Dispensaries located in Town or in the Special Permit Granting Authority: another municipality in Massachusetts. a) cultivation of Marijuana for Medical Use (horticulture) [special permit not required for C. In addition to the application requirements normally sites meeting agricultural exemption required for a special permit under Section 3.5, a special standards found in M.G.L. c40A, § 3]; permit application for a Registered Marijuana Dispensary b) processing and packaging of Marijuana for shall include the following: Medical Use, including Marijuana that is in the 1. The name and address of each owner of the form of smoking materials, food products, oils, dispensary; aerosols, ointments, and other products; c) retail sale or distribution of Marijuana for 2. Copies of all required licenses and permits issued to Medical Use to Qualifying Patients; the applicant by the Commonwealth of Massachusetts and d) wholesale sale of Marijuana for Medical any of its agencies for the dispensary; Use to other Registered Marijuana Dispensaries located in Town or in another 3. Evidence of the Applicant’s right to use the site for municipality in Massachusetts. the dispensary, such as a deed, or lease;

4. If the Applicant is a business organization, a 6563. In addition to the application requirements statement under oath disclosing all of its owners, set forth in Sections 6550 and 6560 of this shareholders, partners, members, managers, directors, Bylaw, a special permit application for a officers, or other similarly-situated individuals and entities Registered Marijuana Dispensary shall include and their addresses. If any of the above are entities rather the following: than persons, the Applicant must disclose the identity of the a) the name and address of each owner of the dispensary; owners of the entities until the disclosure contains the names of individuals;

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 98 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 b) copies of all required licenses and permits issued to the applicant by the Commonwealth 5. A certified list of all parties in interest entitled to of Massachusetts and any of its agencies for notice of the hearing for the special permit application, taken the dispensary; from the most recent tax list of the Town and certified by the c) evidence of the Applicant’s right to use the Town Assessor; and, site for the dispensary, such as a deed, or lease; 6. Proposed security measures for the Registered d) if the Applicant is a business organization, Marijuana Dispensary, including lighting, fencing, gates and a statement under oath disclosing all of its alarms, etc., to ensure the safety of persons and to protect owners, shareholders, partners, members, the premises from theft. These security measures shall be managers, directors, officers, or other reviewed and approved by the Police Chief and Fire Chief or similarly-situated individuals and entities and their designees. their addresses. If any of the above are entities rather than persons, the Applicant D. Mandatory Findings. The Planning Board shall not must disclose the identity of the owners of issue a special permit for a Registered Marijuana Dispensary such entities until the disclosure contains the unless it finds that: names of individuals; 1. The dispensary is designed to minimize any adverse e) a certified list of all parties in interest visual or economic impacts on abutters and other parties in entitled to notice of the hearing for the special interest, as defined in G.L. c. 40A, § 11; permit application, taken from the most recent tax list of the town and certified by the 2. The dispensary is fully permitted by all applicable Town Assessor; agencies of the Commonwealth of Massachusetts and is in f) Proposed security measures for the compliance with all applicable state laws and regulations; Registered Marijuana Dispensary, including and lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect 3. The applicant has satisfied all of the conditions and the premises from theft. These security requirements of this Section 5.7. measures shall be reviewed and approved by 5.7.6 Annual Reporting the Police Chief and Fire Chief or their Each Registered Marijuana Dispensary permitted under this designees. Bylaw shall as a condition of its special permit file an annual

report to and appear before the Planning Board and the 6564. Mandatory Findings. The Special Permit Authority shall not issue a special permit for a Town Clerk no later than January 31, providing a copy of all current applicable state licenses required under 105 CMR

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 99 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Registered Marijuana Dispensary unless it 725.000 for the dispensary and/or its owners and finds that: demonstrate continued compliance with the conditions of a) the dispensary is designed to minimize any the Special Permit. adverse visual or economic impacts on abutters and other parties in interest, as 5.7.7 Duration of Special Permit defined in M.G.L. c. 40A, §11; A. A special permit granted under this Section shall have b) the dispensary is fully permitted by all a term limited to the duration of the applicant’s ownership applicable agencies of the Commonwealth of of Registered Marijuana Dispensary at the premises. A Massachusetts and is in compliance with all special permit may be transferred only with the approval of applicable state laws and regulations; and the Planning Board in the form of an amendment to the c) the applicant has satisfied all of the special permit with all information required in this Section conditions and requirements of Sections 6550 5.7. and 6560 herein; B. Any violation of this Section 5.7 or any other state 6565. Annual Reporting. Each Registered Marijuana regulations or state laws shall be grounds for revocation of a Dispensary permitted under this Bylaw shall as special permit issued under this Section. a condition of its special permit file an annual 5.7.8 report to and appear before the Special Abandonment or Discontinuance of Use Permit Granting Authority and the Town Clerk A. A special permit shall lapse if not exercised within no later than January 31st, providing a copy of one year of grant of special permit. all current applicable state licenses required under 105 CMR 725.000 for the dispensary B. A Registered Marijuana Dispensary shall be required and/or its owners and demonstrate continued to remove all material, plants equipment and other compliance with the conditions of the Special paraphernalia: Permit. 1. Prior to surrendering its state issued licenses or permits; or, 6566. A special permit granted under this Section 2. Within six months of ceasing operations; whichever shall have a term limited to the duration of comes first. the applicant’s ownership of Registered C. In the event the property ceases to be actively used Marijuana Dispensary at the premises. A as a Registered Marijuana Dispensary and/or any other special permit may be transferred only with allowed use under this bylaw, any and all signs identifying or the approval of the Special Permit Granting promoting the property for such uses shall be immediately Authority in the form of an amendment to the removed. This shall include exterior and interior signs visible to the public. Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 100 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 special permit with all information required in [pp.48-50] this Section 6500.

6567. Any violation of this Section 6500 or any other state regulations or state laws shall be grounds for revocation of a special permit issued under this Section.

6570. Abandonment or Discontinuance of Use

6571. A Special Permit shall lapse if not exercised within one year of grant of special permit.

6572. A Registered Marijuana Dispensary shall be required to remove all material, plants equipment and other paraphernalia: a) prior to surrendering its state issued licenses or permits; or b) within six months of ceasing operations; whichever comes first.

6573. In the event the property ceases to be actively used as a Registered Marijuana Dispensary and/or any other allowed use under this bylaw, any and all signs identifying or promoting the property for such uses shall be immediately removed. This shall include exterior and interior signs visible to the public. Should said signage fail to be removed within thirty (30) calendar days, the Town, or its designee shall have the right to enter upon the property and takes such actions as are necessary to remove, cover, or otherwise

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 101 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 render any such signage non-visible to the public. The Town shall not be responsible for any damage cause to the property in association with carrying said actions. Any costs incurred by the Town for such actions shall be the responsibility of the property owner. 6580. Severability. If any provision of this Bylaw is held invalid by a court of competent jurisdiction, the remainder of the Bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this Bylaw shall not affect the validity of the remainder of the Tewksbury Zoning Bylaw. [pp.51-55] 6600 LARGE-SCALE GROUND MOUNTED SOLAR LARGE-SCALE GROUND MOUNTED SOLAR PHOTOVOLTAIC PHOTOVOLTAIC FACILITIES FACILITIES

6601. Purpose. The purpose of this Section 6600 is 7.4.1.Purpose to regulate the creation of new large­ scale The purpose of this Section 7.4 is to regulate the creation of ground-mounted solar photovoltaic installations new large­scale ground-mounted solar photovoltaic by providing standards for the placement, installations by providing standards for the placement, design, construction, operation, monitoring, design, construction, operation, monitoring, modification, modification and removal of such installations and removal of such installations that address public safety, that address public safety, minimize impacts minimize impacts on scenic, natural and historic resources on scenic, natural and historic resources and to and to provide adequate financial assurance for the eventual provide adequate financial assurance for the decommissioning and removal of these installations. The eventual decommissioning and removal of such provisions set forth in this section shall apply to the installations. The provisions set forth in this construction, operation, and/or repair of large-scale ground- section shall apply to the construction, mounted solar photovoltaic installations. operation, and/or repair of large-scale ground-mounted solar photovoltaic installations. 7.4.2. Applicability 6602. Applicability. This section applies to large- This section applies to large-scale ground-mounted solar

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 102 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 scale ground-mounted solar photovoltaic photovoltaic installations proposed to be constructed after installations proposed to be constructed after the effective date of this section. This section also pertains to the effective date of this section. This section physical modifications that materially alter the type, also pertains to physical modifications that configuration, or size of these installations or related materially alter the type, configuration, or size equipment. A Large-scale Ground Mounted Solar of these installations or ·related equipment. A Photovoltaic Facility shall be defined as a Solar Photovoltaic Large-scale Ground Mounted Solar Photovoltaic system that is structurally mounted on the ground, is not Facility shall be defined as a Solar Photovoltaic roof-mounted, and has a minimum nameplate capacity of system that is structurally mounted on the 250 kW DC. There shall be no ground mounted Solar ground and is not roof-mounted and has a Photovoltaic system allowed unless as permitted in this minimum nameplate capacity of 250 kW DC. Bylaw. There shall be no ground mounted Solar Photovoltaic system allowed unless as permitted in this Bylaw. 7.4.3. General Requirements for All Large-Scale Solar 6603. General requirements for all large-scale Power Generation Installation solar power generation installations. The The following requirements are common to all solar following requirements are common to all solar photovoltaic installations to be sited in specific designated photovoltaic installations to be sited in specific locations. designated locations. A. Compliance with laws, bylaws ,and regulations. The a. Compliance with laws, bylaws and regulations. construction and operation of all large-scale solar The construction and operation of all large- photovoltaic installations shall be consistent with, and scale solar photovoltaic installations shall insofar as pertinent, compliant with all applicable local, state, be consistent with, and insofar as pertinent, and federal requirements, including but not limited to all compliant with all applicable local, state and applicable safety, construction, electrical, and federal requirements, including but not communications requirements. All buildings and fixtures limited to all applicable safety, forming part of a solar photovoltaic installation shall be construction, electrical, and communications constructed in accordance with the State Building Code in requirements. All buildings and fixtures force and applicable at any relevant time. forming part of a solar photovoltaic installation shall be constructed in B. Building permit and building inspection. No accordance with the State Building Code in large-scale ground-mounted solar photovoltaic installation force and applicable at any relevant time. shall be constructed, installed, or modified as provided in this Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 103 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 b. Building permit and building inspection. section, nor shall construction or installation be commenced No l arge-scale ground-mounted solar without first obtaining the necessary or appropriate permits. photovoltaic installation shall be constructed, installed or modified as provided in this C. Special Permit. All large-scale ground-mounted solar section, nor shall construction or installation photovoltaic installations shall require a special permit from be commenced without first obtaining the the Planning Board prior to the issuance of a building permit. necessary or appropriate permits. c. Site Plan Special Permit. All large-scale D. General. All applications for a large-scale ground- ground-mounted solar photovoltaic mounted solar photovoltaic installation shall be submitted in installations shall require a Site Plan accordance with the Planning Board's rules and regulations Special Permit from the Planning Board governing site plans as may be amended from time to time. prior to the issuance of a building permit. All substantive plans or other technical documents submitted d. General. All applications for a large-scale in support of the application shall have been prepared by ground-mounted solar photovoltaic engineers or surveyors licensed to practice in Massachusetts. installation shall be submitted in accordance with the Planning Board's Rules and Regulations Governing Site Plans as may be amended from time to time. All substantive plans or other technical documents submitted in support of the application shall have been prepared by engineers or surveyors licensed to practice in Massachusetts.

6604. Additional information. An addition to 7.4.4. Additional Information the information required for a Site Plan In addition to the information required for a site plan application, the following additional application, the following additional information shall be information shall be submitted for each submitted for each large­scale ground-mounted solar large­ scale ground-mounted solar photovoltaic installation: photovoltaic installation:

f. Drawings of the solar photovoltaic A. Drawings of the solar photovoltaic installation installation showing the proposed Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 104 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 layout of the system and any showing the proposed layout of the system and any potential potential shading from nearby shading from nearby structures; structures. g. One or three line electrical diagram detailing the solar photovoltaic B. One- or three-line electrical diagram detailing the installation, associated components, solar photovoltaic installation, associated components, and and electrical interconnection electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent methods, with all National Electrical devices; Code compliant disconnects and

overcurrent devices.

h. Documentation of the major system components to be used, C. Documentation of the major system components to including the PV panels, mounting be used, including the PV panels, mounting system, and system, and inverter. inverter; i. Name, address, and contact information for proposed system D. Name, address, and contact information for proposed installer. system installer; j. The name, contact information and signature of any agents representing E. The name, contact information, and signature of any the applicant in connection with the agents representing the applicant in connection with the Special Permit application process, special permit application process, or general project or general project oversight oversight following the issuance of any special permit; following the issuance of any special permit. k. Documentation of actual or prospective access and control of F. Documentation of actual or prospective access and the project site (see also Section control of the project site 6605). l. An operation and maintenance plan G. An operation and maintenance plan; (see also Section 6606).

m. Description of financial surety that H. Description of financial surety; satisfies Section 6614.

n. Vegetated buffer plan showing size, I. Vegetated buffer plan showing size, type, and type and amount of trees/shrubs to Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 105 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 be installed to protect street(s) and amount of trees/shrubs to be installed to protect street(s) residential homes from view of site, and residential homes from view of site, which buffer as which buffer as approved within the approved within the reasonable discretion of the Planning reasonable discretion of the Special Board, is hereby required for any installation pursuant to this Permit granting authority, is hereby section; required for any installation pursuant to this section.

6605. Site Control. The applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the J. Site Control. The applicant shall submit documentation of actual or prospective access and control of proposed solar photovoltaic installation. the project site sufficient to allow for construction and Fencing, if installed, shall be compatible with operation of the proposed solar photovoltaic installation. the scenic character of the Town and Fencing, if installed, shall be subject to approval by the satisfactory to the Planning Board, and shall Planning Board, and shall not consist of barbed wire or razor not consist of barbed wire or razor wire. wire;

6606 Operations and Maintenance Plan. The applicant shall submit a plan for the operation and maintenance of the large-scale K. Operations and Maintenance Plan. The applicant shall ground-mounted solar photovoltaic submit a plan for the operation and maintenance of the installation, which shall include measures for large-scale ground-mounted solar photovoltaic installation, maintaining safe access to the installation as which shall include measures for maintaining safe access to well as general procedures for operational the installation as well as general procedures for operational maintenance of the installation and emergency maintenance of the installation and emergency shutdown of shutdown of the site if needed. the site if needed and,

6607. Utility Notification. No large-scale ground-mounted solar photovoltaic installation shall be approved by the Planning Board until satisfactory evidence has been submitted to L. Utility Notification. No large-scale ground-mounted

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 106 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 the Planning Board that the electric utility solar photovoltaic installation shall be approved by the has been informed of the applicant's intent to Planning Board until satisfactory evidence has been install an interconnected customer-owned submitted to the Planning Board that the electric utility generator. has been informed of the applicant's intent to install an interconnected customer-owned generator. 6608. Dimension and Density Requirements. For large-scale ground-mounted solar photovoltaic installations, the following dimensional requirements shall apply; 7.4.5. Dimension and Density Requirements For large-scale ground-mounted solar photovoltaic a. The minimum lot or parcel size for any installations, the following dimensional requirements shall installation shall be twenty acres. apply. b. Setbacks: 50 foot front, and 20 side and rear yard setbacks, provided that such setbacks A. Lot Area: The minimum lot or parcel size for any shall be 200 feet to any adjoining residential installation shall be five acres. lot line unless waived by the Planning Board based upon findings of sufficient buffering B. Setbacks: 50 feet front and 20 feet side and rear yard and screening and a determination that the setbacks are required, provided that setbacks shall be 200 waiver is in the best interest of the Town. feet from any adjoining residential lot line unless waived by the Planning Board based upon findings of sufficient c. Height: The height of any or all structures buffering and screening and a determination that the waiver comprising the large-scale ground-mounted is in the best interest of the Town. solar photovoltaic facility shall not exceed 20 feet above the pre­ existing natural grade C. Height: The height of any or all structures comprising underlying each particular structure unless the large-scale ground-mounted solar photovoltaic facility waived by the Planning Board based upon shall not exceed 20 feet above the pre­existing natural grade findings of sufficient buffering and screening underlying each particular structure unless waived by the and a determination that the waiver is in the Planning Board based upon findings of sufficient buffering best interest of the Town. and screening and a determination that the waiver is in the best interest of the Town. 6609. Appurtenant Structures. All structures appurtenant to large-scale ground­ mounted solar photovoltaic installations shall be subject 7.4.6. Appurtenant Structures All structures appurtenant to large-scale ground­mounted Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 107 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 to the dimensional requirements of the zoning solar photovoltaic installations shall be subject to the district in which they are located. All such dimensional requirements of the zoning district in which they appurtenant structures, including, but not are located. All appurtenant structures, including, but not limited to, equipment shelters, storage facilities, limited to, equipment shelters, storage facilities, transformers, and substations, shall be transformers, and substations, shall be architecturally architecturally compatible and harmonious with compatible and harmonious with each other. Whenever each other. Whenever feasible, in the feasible, in the reasonable opinion of the Planning Board, reasonable opinion of the Planning Board, structures should be sheltered from view by vegetation structures should be sheltered from view by and/or joined or clustered to avoid adverse visual impacts. vegetation and/or joined or clustered to avoid adverse visual impacts.

6610. Design Standards. The following standards 7.4.7. Design Standards shall apply to all large-scale ground-mounted The following standards shall apply to all large-scale ground- solar photovoltaic installations in addition to mounted solar photovoltaic installations in addition to those those contained in the Rules and Regulations contained in the Rules and Regulations Governing Site Plans. Governing Site Plans.

A. Signage. Signs on large-scale ground-mounted solar a. Signage. Signs on large-scale ground- photovoltaic installations shall comply with all provisions of mounted solar photovoltaic installations this Zoning Bylaw relative to signs. A sign consistent with shall comply with all provisions of this these provisions shall be required to identify the owner of Zoning Bylaw relative to signs. A sign the premises, as well as the operator of the solar consistent with said provisions shall be photovoltaic installation, if different from the owner, and required to identify the owner of the provide a twenty-four-hour emergency contact phone premises, as well as the operator of the number. Solar photovoltaic installations shall not be used for solar photovoltaic installation, if different displaying any advertising except for reasonable from the owner, and provide a twenty-four- identification of the manufacturer or operator of the solar hour emergency contact phone number. photovoltaic installation. Solar photovoltaic installations shall not be

used for displaying any advertising except for reasonable identification of the manufacturer or' operator of the solar photovoltaic installation.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 108 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 b. Utility connections. Reasonable efforts, as B. Utility connections. Reasonable efforts, as determined by the Planning Board, shall be determined by the Planning Board, shall be made to place all made to place all utility connections from utility connections from the solar photovoltaic installation the solar photovoltaic installation underground, depending on appropriate soil conditions, underground, depending on appropriate soil shape, and topography of the site and any requirements of conditions, shape, and topography of the the electric utility. If an existing above ground connection site and any requirements of the electric solution already exists, however, this can be used if it meets utility. If an existing above ground connection the requirements of the electric utility. Electrical transformers for utility interconnections may be solution already exists, however, this can aboveground if required by the electric utility concerned be used if it meets the requirements of with the project. the electric utility. Electrical transformers for utility interconnections may be aboveground if required by the electric utility concerned with the project.

c. Glare. The plan shall show how the C. Glare. The plan shall show how the abutting abutting properties and local traffic will properties and local traffic will be protected from glare or be protected from glare or reflected light reflected light from the installation. from the installation.

6611. Safety and Environmental Standards. 7.4.8. Safety and Environmental Standards

a. Emergency services. The large-scale solar A. Emergency services. The large-scale solar photovoltaic photovoltaic installation applicant shall installation applicant shall provide a copy of the project provide a copy of the project summary, summary, electrical schematic, and site plan to the local Fire electrical schematic, and site plan to the Chief and concerned electric utility. Upon request, the local Fire Chief and concerned electric applicant shall cooperate with local emergency services in utility. Upon request, the applicant shall developing an emergency response plan. All means of cooperate with local emergency services shutting down the solar photovoltaic installation shall be in developing an emergency response clearly marked. The applicant shall identify a responsible person for public inquiries throughout the life of the plan. All means of shutting down the installation. solar photovoltaic installation shall be

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 109 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 clearly marked. The applicant shall identify a responsible person for public inquiries throughout the life of the installation.

b. Solar photovoltaic installation conditions. The large-scale ground- mounted solar photovoltaic installation B. Solar photovoltaic installation conditions. The large-scale applicant shall maintain the facility in ground-mounted solar photovoltaic installation applicant good condition. Maintenance shall shall maintain the facility in good condition. Maintenance include, but not be limited to, painting, shall include, but not be limited to, painting, structural structural repairs, and integrity of repairs, and integrity of security measures. Site access shall security measures. Site access shall be be maintained to a level acceptable to the local Fire Chief maintained to a level acceptable to the and emergency medical services. The applicant shall be local Fire Chief and emergency medical responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a services. The applicant shall be public way. responsible for the cost of maintaining

the solar photovoltaic installation and any access road(s), unless accepted as a public way.

6612. Abandonment or Decommissioning. Any large-scale ground-mounted solar photovoltaic installation that has reached the end of its 7.4.9. Abandonment or Decommissioning useful life or has been abandoned consistent Any large-scale ground-mounted solar photovoltaic with Subsection 6613of this section shall be installation that has reached the end of its useful life or has removed. The applicant shall physically been abandoned consistent with Subsection 7.5.10 of this remove the installation no more than 150 section shall be removed. The applicant shall physically days after the date of discontinued remove the installation no more than 150 days after the date operations. The applicant shall notify the of discontinued operations. The applicant shall notify the Planning Board by certified mail of the Planning Board by certified mail of the proposed date of proposed date of discontinued operations discontinued operations and plans for removal. Decommissioning shall consist of all of the following: Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 110 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 and plans for removal. Decommissioning shall consist of:

a. Physical removal of all large-scale ground- mounted solar photovoltaic installations, A. Physical removal of all large-scale ground-mounted structures, equipment, security barriers solar photovoltaic installations, structures, equipment, and transmission lines from the site. security barriers and transmission lines from the site. b. Disposal of all solid and hazardous waste B. Disposal of all solid and hazardous waste in in accordance with local, state, and federal accordance with local, state, and federal waste disposal waste disposal regulations. regulations. c. Stabilization or re-vegetation of the site as

necessary to minimize erosion. The C. Stabilization or re-vegetation of the site as necessary Planning Board may allow the owner or to minimize erosion. The Planning Board may allow the operator to leave landscaping or owner or operator to leave landscaping or designated below- designated below-grade foundations in grade foundations in order to minimize erosion and order to minimize erosion and disrupt ion disruption to existing vegetation. All disturbed areas shall be to existing vegetation. All disturbed areas covered with a minimum of six inches of good quality top soil shall be covered with a minimum of six before seeding. inches of good quality top soil before seeding.

6613. Abandonment. Absent notice of a proposed date of decommissioning or 7.4.10. Abandonment written notice of extenuating circumstances Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances deemed deemed reasonable by the written reasonable by the written acknowledgment of the Planning acknowledgment of the Planning Board, Board, which shall not be unreasonably refused, the solar which shall not be unreasonably refused, photovoltaic installation shall be considered abandoned the solar photovoltaic installation shall be when it fails to operate for more than one year without the considered abandoned when it fails to written consent of the Planning Board. The failure to operate operate for more than one year without the shall be conclusively determined based on the records written consent of the Planning Boa rd. The showing the power supplied by the installation to the grid. If failure to operate shall be conclusively the applicant of the large-scale ground-mounted solar Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 111 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 determined based on the records showing photovoltaic installation fails to remove the installation in the power supplied by the installation to accordance with the requirements of this section within 150 the grid. If the applicant of the large-scale days of abandonment or the proposed date of ground-mounted solar photovoltaic decommissioning, the Town may order the removal of the installation fails to remove the installation installation. in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically

remove the installation.

6614. Financial Surety. As a condition of the Site Plan Special Permit, the Planning Board 7.4.11. Financial Surety As a condition of the Special Permit, the Planning Board shall shall require the applicant to provide surety in require the applicant to provide surety in an amount an amount approved by the Planning Board to approved by the Planning Board to be necessary to ensure be necessary to ensure the proper removal of the proper removal of the installation. The form of the surety the installation. The form of the surety shall shall be through an escrow account, surety bond, or other be through an escrow account, surety bond, means of like character acceptable to the Planning Board. or other means of like character acceptable to The amount of the surety shall be based on a fully inclusive the Planning Board. The amount of the surety estimate of the costs associated with removal and site shall be based on a fully inclusive estimate of restoration, prepared by a qualified engineer. The amount the costs associated with removal and site shall include a mechanism for calculating increased removal restoration, prepared by a qualified engineer. costs due to inflation or the increased market rate cost of the The amount shall include a mechanism for equipment and services necessary to achieve the removal calculating increased removal costs due to and site restoration. In no case shall the amount of the inflation or the increased market rate cost of surety exceed 125 percent of the cost of removal and the equipment and services necessary to compliance with the additional requirements set forth achieve the removal and site restoration. I n herein. A surety shall not be required for municipally or no case shall the amount of the surety exceed state-owned facilities. 125% of the cost of removal and compliance with the additional requirements set forth [pp.81-85] herein. Such surety will not be required for

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 112 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 municipally or state-owned facilities. [pp.56-60]

6700 WESTSIDE NEIGHBORHOOD BUSINESS DISTRICT

6701. Purpose. The purposes of the Westside 5.2.2 D. Westside Neighborhood Business (WNB). The Neighborhood Business District (WNBD) are to: Westside Neighborhood Business district is located along the a) Acknowledge that the Woburn Street Woburn Street corridor, which services neighborhoods as corridor serves both the residential and well as commuter traffic using Interstate I-495 and the commercial west-side neighborhoods as commuter train station nearby in the Billerica. This district is well as users of Interstate I-495 and the intended to promote well-designed, pedestrian-friendly Commuter Train Station nearby on the small business development, attract new investment in same corridor in the Billerica. larger sites along the corridor, and support the Town’s tax base. b) Promote compact development that is

pedestrian-oriented; [p.31] c) Minimize impacts on public services and maximize the efficient use of public infrastructure; and d) Increase the town’s tax base by creating a supportive, well designed small business and services environment, while attracting new investment and promoting economic development on larger sites.

The following bylaw is intended to support the goals, objectives and recommendations outlined in the Town’s Master Plan, and the Town of Tewksbury Affordable Housing Plan and Housing Production Strategy. 6702. Boundaries. The boundaries of the Westside SEE SECTION 4.2 ZONING MAP Neighborhood Business District are shown on the [p.29] Zoning Map, on file in the office of the Town Clerk. SEE SECTION 5.4.3 TABLE OF USES (APPENDIX A)

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 113 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 6703. Use Regulations and Definitions. Uses found in [p.38] Appendix A. SEE SECTION 5.4.2 PROHIBITED USES 6704. Prohibited Uses. Section 3105 and Section [pp.37,38] 3230 govern prohibited uses and accessory uses in

addition to uses not allowed in Appendix A for the

Westside Neighborhood District. SEE SECTION 3.6 SITE PLAN REVIEW 6705. Site Plan Special Permit. As required in Section [pp.21-26] 9400 of the Zoning Bylaw. 6706. Concept Plan. Prior to the application for approval of any Special Permit in the WNBD, a preliminary plan called a "Concept Plan", shall be filed for review with the Planning Board. The submitted Plan shall be consistent with the purposes of Section 6701 and shall include: (a) a site development plan showing the location and footprint(s) of all proposed buildings, changes in grading and topography, parking, landscaping, roads, walkways and access ways, open space, and wetlands; (b) a utilities plan showing the proposed location and types of water, wastewater and stormwater facilities, including hydrants; (c) a lighting plan; (d) a sign plan; and, (e) subdivision plan(s), if applicable. The Planning Board may solicit public comment on the Concept Plan. Any comments of the Planning Board on the Concept Plan shall be advisory in nature only and shall be without binding effect on either the Planning Board or the Applicant.

6707. Dimensional Requirements are as found in SEE SECTION 5.3.3.A Appendix B of the Tewksbury Zoning Bylaw. The [pp.34-36] Planning Board, in considering a project under a Site Plan Special Permit issued pursuant to Section 6705 of the Westside Neighborhood District (WNBD), may Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 114 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 allow for waivers of Appendix B, Table of Dimensional Requirements, by means of a special permit. The waiver request must be specific in nature and the Planning Board must make specific findings to waive this requirement to the degree that it shall deem reasonable. Consideration will be given as to the necessity to meet the realistic requirements of the proposed development and satisfy the objectives of the Zoning Bylaw. The Planning Board will base its findings on the stated purposes of Section 6701 of the bylaw.

SEE SECTION 6.1 OFF-STREET PARKING AND AREA 6708. Parking Requirements are as found in REQUIREMENTS Appendix C of the Tewksbury Zoning Bylaw. [pp. 51-60] [pp.60, 61] 6800 RESTRICTIONS FOR RECREATIONAL MARIJUANA 5.4.2.C Prohibited Uses ESTABLISHMENTS 19. Marijuana Retailers. Consistent with G.L. c. 94G, § 3(a)(2), 6800.1 Marijuana Retailers- Consistent with all types of marijuana retailers as defined in G.L. c. 94G, § 1, M.G.L.c.94G, § 3(a) (2), all types of marijuana including all types of licensed marijuana retail-related retailers as defined in M.G.L. c.94G, § 1, including all businesses, shall be prohibited within the Town. types of licensed marijuana retail-related businesses, shall be prohibited within the Town. [p.38]

6800.2 Marijuana Establishments- Consistent with 8.7 Recreational Marijuana Establishments M.G.L. c.94G, § 3(a) (2), all types of marijuana establishments as defined in M.G.L.c.94G, § 1, 8.7.1. Purpose including marijuana cultivators, independent testing It is recognized that the nature of the substance cultivated, laboratories, marijuana product manufacturers, processed, by marijuana establishments may have and/or any other types of licensed non-retailer objectionable operational characteristics and should be marijuana-related businesses, except however, located in such a way as to ensure the health, safety, and marijuana retailers previously prohibited, shall be general well-being of the public as well. The specific and

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 115 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 prohibited within the Town. This provision will expire separate regulation of Marijuana Establishments (hereafter December 31, 2019. also referred to as an ME) is necessary to advance these [p.61] purposes and ensure that such facilities are not located within close proximity of minors and do not become concentrated in any one area within the Town.

Subject to the provisions of this Bylaw, G.L. c. 40A, G.L. c. 94G and 105 CMR 725.000, Marijuana Establishments will be permitted to provide the opportunity for the legal cultivation, product manufacturing of marijuana for recreational marijuana use in a manner that complies with state regulations.

8.7.2. Applicability A. Nothing in this section shall be construed to supersede federal and state laws governing the sale and distribution of marijuana. This section shall not be construed to prevent the conversion of a medical marijuana treatment center licensed or registered no later than July 1, 2017 engaged in the cultivation, manufacture or sale of marijuana or marijuana products to a Marijuana Establishment, provided, however, any such medical marijuana treatment center obtains a special permit pursuant to this Section for any such conversion to an adult use Marijuana Establishment.

B. This bylaw does not apply to the cultivation of industrial hemp as is regulated by the Massachusetts Department of Agricultural Resources pursuant to G.L. c. 128, Sections 116-123.

8.7.3. Additional Requirements/Conditions In addition to the standard requirements for uses permitted

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 116 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 By-right or requiring a Special Permit or Site Plan Approval, the following shall also apply to all Marijuana Establishments: A. Use: 1. Any type of Marijuana Establishment may only be involved in the uses permitted by its definition and may not include other businesses or services. 2. No marijuana shall be smoked, eaten or otherwise consumed or ingested within the premises. 3. The hours of operation shall be set by the Planning Board, but in no event shall an RMD or OMMD facility be open to the public, and no sale or other distribution of marijuana shall occur upon the premises or via delivery from the premises, between the hours of 8:00 p.m. and 8:00 a.m. 4. No marijuana establishment may commence operation or apply for a building permit prior to its receipt of all required permits and approvals including, but not limited, to its Final License from the Cannabis Control Commission. B. Physical Requirements: 1. All aspects of the any marijuana establishment, except for the transportation of product or materials, relative to the acquisition, cultivation, possession, processing, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building (including greenhouses) and shall not be visible from the exterior of the business. They may not be permitted to be located in a trailer, storage freight container, motor vehicle or other similar type potentially movable enclosure. 2. No outside storage is permitted. 3. Ventilation – all marijuana establishments shall be ventilated in such a manner that no: a. Pesticides, insecticides or other chemicals or products

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 117 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 used in the cultivation or processing are dispersed into the outside atmosphere, and b. No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the medical marijuana business or at any adjoining use or property. 4. Signage shall be displayed on the exterior of the marijuana establishment’s entrance in plain sight of the public stating that “Access to this facility is limited to individuals 21 years or older.” in text 2 inches in height. All other signage must comply with all other applicable signage regulations in this Bylaw and 935 CMR 500. 5. Cannabis plants, products, and paraphernalia shall not be visible from outside the building in which the cannabis establishment is located and shall comply with the requirements of 935 CMR 500. Any artificial screening device erected to eliminate the view from the public way shall also be subject to a vegetative screen and the Planning Board shall consider the surrounding landscape and viewshed to determine if an artificial screen would be out of character with the neighborhood. C. Location. 1. Marijuana establishments are encouraged to utilize existing vacant buildings where possible. 2. No marijuana establishment shall be located on a parcel which is within 300 feet (to be measured in a straight line from the nearest point of the property line in question to the nearest point of the property line where the Marijuana Establishment is or will be located) of a parcel occupied by a pre- existing public or private school (existing at the time the applicant’s license application was received by the Cannabis Control Commission) providing education in kindergarten or any of grades 1-12.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 118 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 3. No marijuana establishment shall be located on a parcel which abuts a residential use (including commercial residential uses such as hotels, motels, lodging houses, etc.) or residential district. 4. No marijuana establishment shall be located inside a building containing residential units, including transient housing such as motels and dormitories. 5. No marijuana establishment is permitted to utilize or provide a drive-through service.

D. Reporting Requirements. 1. Prior to the commencement of the operation or services provided by a marijuana establishment, it shall provide the Police Department, Fire Department, Building Commissioner and the Planning Board with the names, phone numbers and email addresses of all management staff and key- holders, including a minimum of 2 operators or managers of the facility identified as contact persons to whom one can provide notice if there are operating problems associated with the establishment. All such contact information shall be updated as needed to keep it current and accurate. 2. The Building Commissioner, Board of Health, Police Department, Fire Department and the Planning Board shall be notified in writing by the marijuana establishment facility owner/operator/ manager: a. A minimum of 30 days prior to any change in ownership or management of that establishment. b. A minimum of 12 hours following a violation or potential violation of any law or any criminal or potential criminal activities or attempts of violation of any law at the establishment. 3. Permitted marijuana establishments shall file an

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 119 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 annual written report to, and appear before, the Planning Board no later than January 31st of each calendar year, providing a copy of all current applicable state licenses for the facility and/or its owners and demonstrate continued compliance with the conditions of the Special Permit. 4. The owner or manager of a marijuana establishment is required to respond by phone or email within 24 hours of contact by a Town official concerning their marijuana establishment at the phone number or email address provided to the Town as the contact for the business. E. Issuance/Transfer/Discontinuance of Use 1. Special Permits/Site Plan Approvals shall be issued to the marijuana establishment owner. 2. Special Permits/Site Plan Approvals shall be issued for a specific type of marijuana establishment on a specific site/parcel. 3. Special Permits/Site Plan Approvals shall be non- transferable to either another marijuana establishment owner or another site/parcel. 4. Special Permits/Site Plan Approvals shall have a term limited to the duration of the applicant’s ownership/control of the premises as a marijuana establishment, and shall lapse/expire if: a. the marijuana establishment ceases operation (not providing the operation or services for which it is permitted) for 365 days, and/or b. the marijuana establishment’s registration/license by the Cannabis Control Commission expires or is terminated. 5. The marijuana establishment shall notify the Building Commissioner and the Planning Board in writing within 48 hours of such lapse, cessation, discontinuance or expiration or revocation. 6. A marijuana cultivation or product manufacturing

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 120 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 establishment shall be required to remove all material, plants equipment and other paraphernalia prior to surrendering its state registration/license or ceasing its operation. a. Prior to the issuance of a Building Permit for a marijuana establishment the applicant is required to post with the Town Treasurer a bond or other form of financial security acceptable to the Treasurer in an amount set by the Planning Board. The amount shall be sufficient to cover the costs of the town removing all materials, plants, equipment and other paraphernalia if the applicant fails to do so. The Building Commissioner shall give the applicant 45 days written notice in advance of taking such action. Should the applicant remove all materials, plants, equipment and other paraphernalia to the satisfaction of the Building Commissioner prior to the expiration of the 45 days written notice, said bond shall be returned to the applicant. 8.7.4 Application Requirements Applications for Special Permits and Site Plan Approvals for marijuana establishments will be processed in the order that they are filed with the Town. The approval of a Special Permit for any marijuana establishment is up to the discretion of the Planning Board who will be making its determination based on selecting the marijuana establishments that it finds are in the best interests of the Town and best comply with the standards and intent of this Bylaw. In addition to the standard application requirements for Special Permits and Site Plan Approvals, such applications for a marijuana establishment shall include the following: A. The name and address of each owner and operator of the marijuana establishment facility/operation. B. A copy of an approved Host Agreement.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 121 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 C. A copy of its Provisional License from the Cannabis Control Commission pursuant to 935 CMR 500. D. If it’s in conjunction with an approved RMD, a copy of its registration as an RMD from the Massachusetts Department of Public Health in accordance with 105 CMR 725.000 or from the Cannabis Control Commission in accordance with 935 CMR 500. E. Proof of Liability Insurance Coverage or Maintenance of Escrow as required in 935 CMR 500. F. Evidence that the Applicant has site control and right to use the site for a marijuana establishment facility in the form of a deed or valid purchase and sales agreement or, in the case of a lease a notarized statement from the property owner and a copy of the lease agreement. G. A notarized statement signed by the marijuana establishment organization’s Chief Executive Officer and corporate attorney disclosing all of its designated representatives, including officers, directors, shareholders, partners, members, managers, or other similarly-situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of all such responsible individual persons. H. In addition to what is normally required in a Site Plan, details showing all exterior proposed security measures for the marijuana establishment including lighting, fencing, gates and alarms, etc. ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity. I. A detailed floor plan identifying the areas available and functional uses (including square footage). J. All signage being proposed for the facility. K. A pedestrian/vehicular traffic impact study to

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 122 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 establish the marijuana establishment’s impacts at peak demand times, including a line queue plan to ensure that the movement of pedestrian and/or vehicular traffic, including but not limited to, along the public right of ways will not be unreasonably obstructed. L. An odor control plan detailing the specific odor- emitting activities or processes to be conducted on-site, the source of those odors, the locations from which they are emitted from the facility, the frequency of such odor- emitting activities, the duration of such odor-emitting activities, and the administrative of odor control including maintenance of such controls. M. A Management Plan including a description of all activities to occur on site, including all provisions for the delivery of marijuana and related products to marijuana establishment or off-site direct delivery. N. Individual written plans which, at a minimum comply with the requirements of 935 CMR 500, relative to the marijuana establishment’s: 1. Operating procedures 2. Marketing and advertising 3. Waste disposal 4. Transportation and delivery of marijuana or marijuana products 5. Energy efficiency and conservation 6. Security and Alarms 7. Decommissioning of the marijuana establishment including a cost estimate taking into consideration the community’s cost to undertake the decommissioning of the site.

8.7.5. Findings

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 123 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 In addition to the standard Findings for a Special Permit or Site Plan Approval the Planning Board must also find all the following: A. The Marijuana Establishment is consistent with and does not derogate from the purposes and intent of this Section and the Zoning Bylaw. B. That the marijuana establishment facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest; C. That the marijuana establishment facility demonstrates that it meets or exceeds all the permitting requirements of all applicable agencies within the Commonwealth and will be in compliance with all applicable state laws and regulations; D. That the applicant has satisfied all of the conditions and requirements of this Section and other applicable Sections of this Bylaw; E. That the marijuana establishment facility provides adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals, and that the storage and/or location of cultivation is adequately secured on-site or via delivery. F. That the marijuana establishment facility adequately addresses issues of traffic demand, circulation flow, parking and queuing, particularly at peak periods at the facility, and its impact on neighboring uses. [pp. 99-104] SECTION 7000. SPECIAL RESIDENTIAL REGULATIONS

7010 AFFORDABLE HOUSING REQUIREMENT 8.3 AFFORDABLE HOUSING REQUIREMENTS 7011. Purpose and Intent: 8.3.1. Purposes

The purpose of this bylaw is to outline and The purpose of this Section 8.3 is to provide affordable implement a set of policies and objectives for housing choices throughout the Town, and to provide for a the development of affordable housing in diverse, balanced, and inclusive community, with housing for

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 124 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 compliance with G.L. c. 40B sect. 20-23 and people of all income levels as a matter of basic fairness and various initiative programs developed by social responsibility. state, county and local government. It is intended that the Affordable Housing Units [p.90] that result from this bylaw be considered as Local Initiative Units in compliance with the requirements for the same as specified by the Department of Housing and Community Development. (DHCD) [p.61] 7012. Applicability: 8.3.2. Applicability Multiple Unit Development: A special permit A. Any application to the Planning Board for from the special permit granting authority construction of six or more dwelling units on one or more (SPGA) shall be required when the contiguous parcels in the Multifamily District, Town Center construction of dwelling units is requested, District, Mixed-Use Business, or Village Residential District, or whether on one or more contiguous parcels, for an Open Space Residential Development special permit within a Multiple Family District or a Multiple under Section 8.4, shall be subject to the provisions of this Family District/55. The total number of Section 8.3.

dwelling units within the proposed B. Development shall not be segmented to avoid development shall be counted and are subject compliance with this Section 8.3. Segmentation shall mean to the provisions of Section 7014, below. The one or more divisions of land that cumulatively result in a net SPGA shall deny a special permit application if, increase of three or more lots or dwelling units above the in the opinion of the SPGA, the land or parcels number existing 36 months prior to an application to develop of land, held in common ownership, were any parcel or set of contiguous parcels held in common subdivided or otherwise modified resulting in ownership or under common control on or after the effective a reduction of the potential number of date of this Section. Affordable Housing Units. [p.61] [p.90] 7013. Definitions: a. Affordable Housing Unit. A Dwelling Unit available at a purchase price for which a purchaser earning eighty percent (80%) of the Middlesex County median income, as Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 125 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 reported by the U.S. Department of Housing and Urban Development, could obtain mortgage financing and will not spend more than thirty percent (30%) of household income on the payment of principal, interest, real estate taxes, condominium or homeowner’s fees, mortgage insurance, and homeowner’s insurance premiums, as shall be calculated by DHCD in its sole discretion. Mortgage financing shall be based on thirty (30) year fixed rate mortgages with interest rates no greater than conforming, conventional market rate mortgages. b. Qualified Affordable Housing Unit purchaser or tenant. An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the United States Department of Housing and Urban Development (HUD) and the Commonwealth's Local Initiative Program. c. Affordable Housing Trust Fund. An account established by the Town for the specific purpose of creating Affordable Housing Units, available for use by the Local Housing Partnership for the purchase of land or units, or the development of new or rehabilitation of existing dwelling units for affordable housing occupants. (Annual Town Meeting, May 6, 2002 Art 3-28.) [pp.61, 62] 7014. Provisions: 8.3.3. Basic Requirements a. An application for a Multiple Unit A. Except as provided in subsection (B) below, at least Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 126 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Development special permit shall require that 15 percent of the units in any development subject to this at least fifteen (15) percent of the total Section 8.3 shall be affordable housing as defined in Section Dwelling Units in the Multiple Unit 2, Definitions. Fractions equal to or greater than 0.5 shall be Development be established as Affordable rounded up to the nearest whole number. Housing Units (7013a): The calculation of the number of designated affordable units shall B. In any OSRD development that is subject to this be rounded to the next whole number for Section 8.4, at least 10 percent of the total dwelling units units equal to 0.5 or greater. shall be affordable housing. Fractions equal to or greater

1. An application for an Open Space than 0.5 shall be rounded up to the nearest whole number.

Residential Design Special Permit shall 8.3.4. Methods of Compliance require that at least ten (10) percent of the

total Dwelling Units shall be established in A. On-site units. Construction of affordable units on the

perpetuity as Affordable Housing Units site of the project is the preferred approach to creating

(7013.a) Total Dwelling Units shall mean affordable housing. On-site units shall be required for any

the Basic Maximum Number from the multifamily development or mixed-use development.

Determination of Yield. Dwelling Units in

addition to this number achieved through B. For an Open Space Residential Development, the

density bonus provisions (7544.f.) of this Planning. Board may grant a special permit for the applicant

bylaw shall not be subject to the ten (10) to pay a fee in lieu of affordable units to the Tewksbury

percent requirement of this section. The Affordable Housing Trust. The fee-in-lieu per unit shall be

calculation of the number of affordable determined in accordance with the Planning Board’s rules

units shall be rounded to the next whole and regulations.

number for units equal to 0.5 or greater.

b. The SPGA may waive the construction or provision for Affordable Housing Units for an equivalent fee-in-lieu-of units payment made to the Town of Tewksbury for disbursement to the Affordable Housing Trust Fund, subject to the provisions and policies of the Tewksbury Local Housing Partnership for the creation of Affordable Housing Units (7013a) in the Town

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 127 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 of Tewksbury. 8.3.5. Timing of Construction, Provision of Affordable Housing c. Timing of construction, provision or

payments of fees-in-lieu of affordable units. Affordable units shall be provided coincident to the

Where feasible, Affordable Housing Units shall development of market-rate units, but in no event shall the

be provided coincident to the development of construction of affordable units or payment of the fee-in-lieu

market-rate units, but in no event shall the of units be delayed beyond the schedule noted below.

development of affordable units be delayed Market-rate Unit % Affordable Housing Unit % Mixed Use beyond the schedule noted below. Commercial (If Market-rate Unit % Affordable Hous applicable)

Up to 30% None required Up to 30% None required None required 30% plus 1 unit At least 10% At least 25% completion 30% plus 1 unit At least 10% Up to 50% At least 30% At least 50% completion Up to 75% At least 50% Up to 50% At least 30% 75% plus 1 unit At least 70% At least 75% completion Up to 90% 100% 100% completion Up to 75% At least 50%

75% plus 1 unit At least 70%

Up to 90% 100%

Fractions of units shall not be counted.

d. Siting of Affordable Housing Units. 8.3.6. Location of Affordable Housing Units

All affordable units constructed or All affordable units constructed or rehabilitated under this

rehabilitated under this bylaw shall be Bylaw shall be situated within the development so as not to

situated within the development so as not to be in less desirable locations than market-rate units in the

be in less desirable locations than market-rate development and shall, on average, be no less accessible to

units in the development and shall, on public amenities, such as open space, as the market-rate

average, be no less accessible to public units. Affordable units within market-rate developments

amenities, such as open space, as the market- shall be integrated with the rest of the development and

rate units. Affordable Housing Units within shall be compatible in design, appearance, construction, and

market rate developments shall be integrated quality of materials with other units. Interior features of

with the rest of the development and shall be affordable units shall comply in all respects to the minimum

compatible in design, appearance, design and construction standards of the Department of

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 128 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 construction and quality of materials with Housing and Community Development for the Local Initiative other units. Interior features of affordable Program. units shall comply in all respects to the minimum design and construction standards set forth in the Local Initiative Guidelines by the Department of Housing and Community Development, July 1996, or as amended. 8.3.7. Marketing Plan for Affordable Units

e. Marketing Plan for Affordable Units. Affordable units shall be rented or sold in accordance with an affirmative fair housing marketing plan approved by the The Applicant under this bylaw, in conjunction Department of Housing and Community Development. with the Tewksbury Local Housing Partnership, shall submit a marketing plan to the SPGA for its approval, which describes how the affordable units will be marketed to potential homebuyers or tenants. This plan shall give priority to Tewksbury residents and include a description of the lottery or other process to be used for selecting buyers or tenants. f. Maximum Incomes and Selling Prices: Initial Sale:

To ensure that only eligible households purchase or rent Affordable Housing Units, the purchaser or renter of an affordable unit shall be required to submit copies of the last three years' federal and state income tax returns and certify, in writing and prior to transfer of title, to the developer of the housing units or their agent, and within thirty (30) days following transfer of title, to the Tewksbury Housing Authority or other agency as established by the Town, that his/her or their family's annual income level does not Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 129 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 exceed the maximum level as established by the Commonwealth's Department of Housing and Community Development.

The maximum housing cost for affordable

units created under this bylaw is as

established by the Commonwealth's

Department of Housing and Community

Development, Local Initiative Program or as

revised by the Town. Preservation of Affordability; Restrictions on Resale g. Preservation of Affordability; Restrictions 8.3.8. No building permit shall be issued until the applicant on Resale: executes an enforceable agreement with the Town, in a form Each Affordable Housing Unit created in acceptable to Town Counsel, and provides evidence accordance with this bylaw shall have acceptable to the Department of Community Development limitations governing its resale. The purpose that the agreement has been recorded at the Middlesex of these limitations is to preserve the long- North Registry of Deeds. The agreement shall provide for term affordability of the unit and to ensure its long-term affordability of the affordable units in the continued availability for affordable income development and for compliance with the requirements of households. The resale controls shall be the Local Initiative Program for units eligible for the established through a deed restriction on the Subsidized Housing Inventory. “Long-term” shall mean in property and shall be in force in perpetuity. perpetuity or the maximum period allowed by law unless the Planning Board approves a shorter term, but in no event shall 1. Resale price. Sales beyond the initial “long-term” mean less than 30 years. sale to a qualified affordable income For an affordable homeownership unit, no certificate of purchaser shall be at a purchase price for occupancy shall be issued until the applicant submits which a purchaser earning eighty percent documentation acceptable to the Department of Community (80%) of the Middlesex County median Development that an affordable housing deed rider in a form income, as reported by the U.S. acceptable to Town Counsel and the Department of Housing Department of Housing and Urban and Community Development has been signed by the Development, could obtain mortgage homebuyer and recorded at the Middlesex North Registry of financing and will not spend more than Deeds. thirty percent (30%) of household income on the payment of principal, interest, real [pp.90, 91] estate taxes, condominium or Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 130 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 homeowner’s fees, mortgage insurance, and homeowner’s insurance premiums, as shall be calculated by DHCD in its sole discretion. Mortgage financing shall be based on thirty (30) year fixed rate mortgages with interest rates no greater than conforming, conventional market rate mortgages.

2. Right of first refusal to purchase. The

purchaser of an Affordable Housing Unit

developed as a result of this bylaw shall

agree to execute a deed rider prepared by

the Town, consistent with model riders

prepared by Department of Housing and

Community Development, granting,

among other things, the municipality's

right of first refusal to purchase the

property in the event that a subsequent

qualified purchaser cannot be located.

3. The SPGA shall require, as a condition for special permit under this bylaw, that the applicant comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of the deed rider noted in Section 7014g.1. The Building Commissioner shall not issue an occupancy permit for any affordable unit until the deed restriction is recorded. h. Conflict with Other Bylaws/Ordinances:

The provisions of this bylaw shall be considered supplemental to existing zoning bylaws. To the extent that a conflict exists Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 131 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 between this bylaw and others, the more 8.3.9. Planning Board Regulations restrictive bylaw, or provisions therein, shall The Planning Board shall adopt rules and regulations to apply. administer Section 8.3, including submission requirements, i. Review by Special Permit Granting procedures, and fees, and may also adopt guidance Authority (SPGA): documents to assist in the implementation of this Section. [p. 91] The Planning Board shall be designated as the SPGA under this bylaw. 7015. Severability: If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Tewksbury zoning bylaw. [pp.62-64] 7100 MULTIPLE FAMILY DWELLINGS. 8.2 MULTIFAMILY DEVELOPMENTS

7110. Purpose. This section is intended to regulate 8.2.1 8.2.1. Purpose the development of multiple family dwellings by The purpose of this Section 8.2 is to regulate the establishing eligibility requirements and reasonable development of multifamily dwellings by establishing conditions for construction in the MFD. This section eligibility requirements and reasonable conditions for is not intended to supersede, modify or conflict with construction. This section is not intended to supersede, the powers and duties delegated to the Planning modify, or conflict with the powers and duties delegated to Board pursuant to the Subdivision Control Law, the Planning Board pursuant to the Subdivision Control Law, M.G.L. c. 41, ss: 81K - 81GG. [p. 64] G.L. c. 41, §§ 81K - 81GG. [p.87] 7120. Special Permit Required. Multiple-family 8.2.2 8.2.2. Applicability dwellings will be permitted only upon the issuance of This section applies to the construction of multifamily a special permit by the Planning Board. The following dwellings in any district in which they are allowed as of right eligibility standards apply: or by special permit from the Planning Board in accordance

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 132 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 7121. Where proposed for multiple family with Section 5 of this Bylaw. dwellings, the site shall have a minimum lot area of 4 acres with the 150 feet of frontage on a 8.2.4 A. Any site proposed for multifamily dwellings shall have public or private way that is open for public use. a minimum lot area of four acres and a minimum frontage of By special permit, the Planning Board may vary 150 feet on a public or private way that is open for public the requirement of 150 feet of frontage on a use. However, the Planning Board may waive the minimum public way to not less than 40 feet of frontage on lot frontage to not less than 40 feet on a public way provided a public way provided that a suitable private that a suitable private access road into the site area can be access road into the site area can be constructed constructed with the reduced frontage; with the reduced frontage. These provisions shall [p.88] not apply to the development of single-family dwellings. [pp. 64, 65]

7130. Application. An application for a special 8.2.3. Submission Requirements and Procedures permit shall be filed in accordance with the Application for a special permit under this Section 8.2 shall regulations set forth in Section 9300. be in accordance with the Planning Board’s rules and [p.65] regulations and Section 3.5 of this Bylaw. Where multifamily dwellings are a permitted use, approval shall be subject to Site Plan Review by the Planning Board under Section 3.6. [p.88]

7140. Parking. Provision shall be made for not less 8.2.6. Off-Street Parking than two (2) parking spaces per unit, one (1) of which A. Provision shall be made for not less than two parking shall be completely enclosed. Detached parking spaces per unit, one of which shall be completely enclosed. garages will be permitted and designed so as to Detached parking garages will be permitted and designed so complement the building design and site layout, but as to complement the building design and site layout, but shall not be constructed within the setback areas. shall not be constructed within setback areas. 7141. Enclosed parking spaces shall be 10 feet in width and 20 feet in length; unenclosed parking B. Enclosed parking spaces shall be 10 feet wide and 20 spaces shall be not less than 9 feet wide and 18.5 feet long and unenclosed parking spaces shall be not less feet in length. than 9.5 feet wide and 18.5 feet long unless waived by the Planning Board. Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 133 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 7142. Additional enclosed or unenclosed parking spaces shall be provided for guests and C. Additional enclosed or unenclosed parking spaces recreational areas as indicated below: shall be provided for guests and recreational areas as indicated below: Guest 1 parking space per two dwelling units 1. Guest: 1 parking space per two dwelling units 2. Tennis Court: 2 parking spaces per court Tennis Court 2 parking spaces per court 3. Recreation buildings/swimming pools: 1 parking space per 10 dwelling units, but not less than 10 parking Recreation 1 parking space per 10 dwelling units, spaces buildings/swimming but not less than 10 spaces pools [p.89]

8.2.4 8.2.4. Design Standards for Multifamily Dwellings 7150. Design Standards. A multiple family dwelling Except in the Town Center and Mixed-Use Business districts, shall meet the following standards: multifamily dwellings shall meet the following standards: 7151. Commercial and industrial uses are prohibited. F. All lighting shall be directed away from adjoining 7152. All lighting shall be directed away from property; adjoining property.

G. Services. 7153. Services. 1. All utilities shall be installed underground using a) All utilities shall be installed standards established by the Planning, Health, Building, and underground using standards Public Works Departments of the Town of Tewksbury. promulgated by the Planning, Health, Sewage shall be disposed of by means of adequate Building and DPW Departments of the connections as required by state and local Departments and Town of Tewksbury and sewage shall Board of Health; be disposed of by means of adequate connections as required by State and local Departments and Board of Health. 2. If curbside pick-up of trash and recycling materials is b) If curbside pick-up of trash and not viable, there shall be shared waste disposal facilities recycling materials is not viable, then (such as dumpsters for household trash and dumpsters for shared waste disposal facilities (such recycling) adequately sized for the development as

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 134 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 as dumpsters for household trash and determined by the Board of Health; dumpsters for recycling) shall be [p.88] adequately sized for the development as recommended by the Board of Design Standards for Multifamily Dwellings in the TC and Health. 8.2.5 MUB Districts [p.65] Multifamily dwellings shall be subject to Site Plan Review by the Planning Board under Section 3.6 and shall comply with Section 6.3, as applicable, and the following additional requirements. Where any requirements in this section conflict with Section 5.3.3, this section shall govern. A. The proposed site shall have a minimum lot area of 40,000 square feet and minimum lot frontage of 150 feet on Main Street; B. Maximum building coverage shall not exceed 35 percent of the lot area; and, C. No building within the development shall be constructed within 50 feet of the lot line of an abutting single-family dwelling. [p.89]

7154. There shall not be more than a maximum 8.2.4.B Maximum density shall be seven units per acre nor more of seven (7) units per acre nor more than fourteen than 14 bedrooms per acre. This will allow for flexibility in (14) bedrooms per acre. This will allow for the number of bedrooms per unit to vary from one to three flexibility in the number of bedrooms per unit to bedrooms. The ratio of three-bedroom market rate units to vary from 1 to 3 bedrooms. The ratio of three (3) three-bedroom affordable units (as required under Section bedroom market rate units to three (3) bedroom 8.3) shall be 1 to 1. No more than 5 percent of the total site Affordable Housing Units shall be 1 to 1. No more area within the wetlands and/or flood plain shall be used in than 5% of the total MFD site area within the calculating maximum density for the site. If more than 5 wetlands and/or flood plain shall be used in percent of the site is in wetlands or flood plains, the portion calculating the density requirements of site. If that exceeds 5 percent shall be deleted from the area used more than 5% of the total MFD site area is in to determine maximum density; wetlands and/or flood plains that exceeds the 5% [p.88] requirement shall be deleted from the area used

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 135 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 to determine density requirements.

a) Affordable Housing Requirement. 8.2.4.M Any application for a Multifamily Dwelling special permit An application for a Multiple Family shall comply with Section 8.3 of this Bylaw. Dwelling Special Permit shall be subject to [p.89] the Affordable Housing Requirements of Section 7010 of the Town of Tewksbury Zoning Bylaws as follows:

Such application shall require that at least fifteen (15) percent of the total Dwelling Units be established as Affordable Housing Units (Section 7013.a) in perpetuity.

The calculation of the number of affordable units shall be rounded to the next whole number for units equal to 0.5 or greater. [pp.65, 66] 7155. The maximum coverage of the site 8.2.4.C The maximum coverage of the site available for use by all available for use by all buildings, including buildings, including garages, and carports shall not exceed 30 garages, and carports shall not exceed 30 percent percent of the site area; [p.89] of the site area. [p.66] 7156. The maximum building height shall be 45 8.2.4.D Maximum building height shall be 45 feet unless waived by feet. [p.66] the Planning Board; [p.89] 7157. Any roadway/driveway located in an area 8.2.4.I Any roadway or access drive located within 50 feet of a that is within 50 feet of a property line shall be property line other than the front property line shall be shielded from the property line by a planting of shielded from the property line by a buffer of trees shielding type trees satisfactory to the Planning satisfactory to the Planning Board between the roadway and Board between the roadway and property line for property line for the entire length of the roadway within the the entire length of the roadway within the 50 50-foot area. This planting shall be in addition to any existing foot area. This planting shall be in addition to any vegetation between the property line and the proposed existing vegetation between the property line and roadway and shall be placed a maximum of 40 feet apart; the proposed roadway and shall be placed a [p.88]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 136 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 maximum of 10 feet apart. [p.66] 7158. Walkways, tables, benches, flowering 8.2.4.J Walkways, tables, benches, or flowering bushes or trees may bushes/trees may be allowed in 50 to 100 foot be allowed in 50- to 100-foot buffer areas at the discretion of buffer areas at the discretion of the Planning the Planning Board to improve the aesthetics of the site and Board to improve the aesthetics of the site area. views from surrounding areas; [p.66] [p.88] 7159. Television, radio and communications 8.2.4.K Television, radio, and communications services shall be services shall be supplied by a central system with supplied by a central system with underground connections; underground connections. [p.66] [p.89] 7160. Distance Parameters. The Planning Board 8.2.4.H The distance between the buildings that are structurally shall determine the distance between the buildings connected by roofing, fencing, or other means but not that are structurally connected together by roofing, enclosed or heated shall be determined by the Planning fencing or other means but not enclosed or heated. Board. Distance parameters will be determined on the The distance parameters will be determined on the aesthetics, created by the design, practicality of design, and aesthetics, created by the design, practicality of the effect on the development by the design. The Planning design, and the effect on the development by the Board shall determine any distance parameters between design. The Planning Board shall determine any buildings not covered under this Zoning Bylaw.; distance parameters between buildings not covered [p.88] under this Zoning By-Law. [p.66]

7161. No building within the site area shall be 8.2.4.E No building within the development shall be constructed constructed within 50 feet of any perimeter border of within 50 feet of any perimeter of site; site. [p.66] [p.88] 8.2.7. Criteria for Waivers 7170. The Planning Board may waive sections 7121, Where the Planning Board is specifically authorized to waive 7141, 7156 and 7181, based upon findings that the a requirement in this Section 8.2, the Board shall base its waivers will provide for; improved aesthetics created decision upon findings that the waivers will provide for by the design; and practicality of design to improved aesthetics created by the design, and practicality lessen environmental, neighborhood and public of design to lessen environmental, neighborhood, and public service impacts. service impacts. [p.89] [p.66]

8.2.8. Design Guidelines

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 137 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Whether proposed by special permit or through Site Plan Review, multifamily dwellings shall comply with design guidelines, if any, adopted by the Planning Board and kept on file with the Town Clerk and Department of Community Development. [p.90] 7180. Open Space. 8.2.4.L Not less than 60 percent of the upland area of the site 7181. Suitable recreational facilities shall be available for use shall be set aside as open space. The open provided on the required open space. Not less space shall remain free from structures, parking and drives, than 60% of the upland area of the site available and this area shall be left either in its natural state, for use shall remain free from structures, parking attractively landscaped, or developed for outdoor and drives, and such area shall be left either in its recreational facilities. Unless waived by the Planning Board, natural state, attractively landscaped, or suitable recreational facilities shall be provided within the developed for uncovered recreational facilities. required open space. The owner or owners shall be 7182. The owner or owners shall be responsible responsible for the maintenance of common areas, including for the maintenance of common areas, including but not limited to snow plowing within the site limits and but not limited to snow plowing within the site rubbish disposal. No outside burning of rubbish or inside limits and rubbish disposal. No outside burning of incineration shall be permitted; and, rubbish or inside incineration shall be permitted. [p.89] [pp.66,67] 7200 MULTIPLE FAMILY DWELLINGS IN THE MFD/55. See 8.2 Multifamily Dwellings [pp.67-70] 7400 COMMUNITY DEVELOPMENT DISTRICT[pp.70-73] See 8.2 Multifamily Dwellings

7500 OPEN SPACE RESIDENTIAL DESIGN (OSRD) SPECIAL 8.4 OPEN SPACE RESIDENTIAL DEVELOPMENT PERMIT

7510. The Planning Board may grant a Special Permit for an Open Space Residential Design (OSRD) in the: Residential Districts- R40 and Farming.

7520. PURPOSE AND INTENT 8.4.1. Purpose The Purposes of OSRD are to: The Purposes for OSRD are the following: A. Further the goals and policies of the Town of

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 138 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 a. To further the goals and policies of the Tewksbury’s Master Plan; Town of Tewksbury’s Master Plan; b. To allow for greater flexibility and B. Allow for greater flexibility and creativity in the creativity in the design of residential design of residential subdivision developments; subdivision developments; C. Encourage preservation of open space, agricultural c. To encourage preservation of open space, land, forestry land, wildlife habitat, other natural resources agricultural land, forestry land, wildlife including aquifers, waterbodies and wetlands, and historical habitat, other natural resources including resources in a manner that is consistent with Tewksbury’s aquifers, waterbodies and wetlands, and Master Plan; historical resources in a manner that is consistent with Tewksbury’s Master Plan; D. Encourage a more creative and thoughtful approach d. To encourage a more creative and to land development that decreases burden on municipal thoughtful approach to land development economy, minimizes disturbance and loss of undeveloped that decreases burden on municipal open space and utilizes and incorporates existing topography economy, minimizes disturbance and loss and natural features of the land to achieve a more of undeveloped open space and utilizes environmentally sound design than with a conventional and incorporates existing topography and subdivision approach; natural features of the land to achieve a more environmentally sound design than E. Control suburban sprawl and maintain the character with a conventional subdivision approach; of the Town by conserving open space, scenic areas, views, streams, increasing recreational opportunities and other e. To control suburban sprawl and maintain community assets; the character of the Town by conserving open space, scenic areas, views, streams, increasing recreational opportunities and other community assets; F. Promote efficiency and economy of street and utility f. To promote efficiency and economy of layout; lessening storm run-off, erosion and sedimentation; street and utility layout; lessening storm retain natural drainage courses and wetlands; and in general run-off, erosion and sedimentation; retain promoting the health, safety, convenience and welfare of natural drainage courses and wetlands; residential areas and of the Town of Tewksbury as a whole; and in general promoting the health, and, safety, convenience and welfare of Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 139 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 residential areas and of the Town of Tewksbury as a whole;

g. To encourage development in harmony with the natural area, and promote G. Encourage development in harmony with the natural alternative construction methods to area, and promote alternative construction methods to typical strip residential developments typical strip residential developments lining roadsides in the lining roadsides in the Town. Town.

7530. ELIGIBILITY 7531. To be eligible for consideration as an 8.4.2. Eligibility OSRD: To be eligible for consideration as an OSRD, the proposed a. The tract shall be located in the tract of land shall consist of at least three acres in the R40 or Residential Districts: R40 and Farming, Farming district. b. The minimum tract area shall be three (3) acres. c. The tract shall consist of a parcel or set of contiguous parcels.

7532. Housing Types a. Housing Units shall be Single Family 8.4.3. Housing Types detached units. Housing Units shall be single family detached units. No b. No common wall or multi- family common wall or multi- family structures shall be allowed. structures shall be allowed.

7533. Affordable Housing Requirement. An application for an Open Space Residential Design Special Permit shall [Addressed in Section 8.3 Affordable Housing Requirements] be subject to the Affordable Housing Requirements of Section 7010 of the Town of Tewksbury Zoning Bylaws as follows:

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 140 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Such application shall require that at least ten (10) percent of the total Dwelling Units be established as Affordable Housing Units (Section 7013.a) in perpetuity.

The calculation of the number of affordable units shall be rounded to the next whole number for units equal to 0.5 or greater.

7540. SPECIAL PERMIT REQUIRED The Planning Board may authorize an OSRD pursuant 8.4.4. Special Permit Required to the grant of a Special Permit. Such special permits The Planning Board may authorize an OSRD pursuant to the shall be acted upon in accordance with the following grant of a Special Permit. Special permits shall be acted provisions: upon in accordance with this Section 8.4.

7541. PRE-APPLICATION 8.4.5. Pre-Application Process a. Conference. The applicant is strongly encouraged to request a pre- The applicant is very strongly encouraged application review at a regular business meeting of the to request a pre-application review at a Planning Board. The purpose of a pre-application review is to regular business meeting of the Planning minimize the applicant's costs of engineering and other Board. technical experts, and to commence negotiations with the The purpose of a pre-application review is Planning Board at the earliest possible stage in the to minimize the applicant's costs of development. At the pre-application review, the applicant engineering and other technical experts, may outline the proposed OSRD, seek preliminary feedback and to commence negotiations with the from the Planning Board or its technical experts, and set a Planning Board at the earliest possible timetable for submittal of a formal application. stage in the development. At the pre- application review, the applicant may outline the proposed OSRD, seek preliminary feedback from the Planning

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 141 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Board and/or its technical experts, and set a timetable for submittal of a formal application. b. The Planning Board shall adopt rules and regulations relative to the size, form, number and contents of the plans to be submitted for a pre-application review.

7542. DESIGN PROCESS

At the time of the application for a Special Permit for 8.4.6. Design Process OSRD in conformance with 7544. SITE SPECIFIC At the time of the application for a Special Permit for OSRD, DESIGN STANDARDS, applicants are required to the applicant must demonstrate to the Planning Board that demonstrate to the Planning Board that the following the following design process was performed by a registered Design Process was performed by a certified landscape architect and considered in determining the layout Landscape Architect and considered in determining of proposed streets, house lots, and open space. the layout of proposed streets, house lots, and open space. a. Step One: Identifying Environmentally Sensitive Areas. A. Step One: Identify Areas of Concern. 1. Protected Land Areas (such as wetlands, riverfront Identify Areas of concern. areas, and floodplains regulated by state or federal law); 1. Protected Land Areas (such as wetlands, riverfront environmentally sensitive land areas including unprotected areas, and floodplains regulated by state or elements of the natural landscape such as steep slopes, federal law); environmentally sensitive land areas mature woodlands, prime farmland, meadows, wildlife including unprotected elements of the natural habitats; and culturally significant features such as historic landscape such as steep slopes, mature and archeological sites and scenic views shall be identified woodlands, prime farmland, meadows, wildlife and delineated as determined by the Conservation habitats; and culturally significant features such as Commission, the Planning Board or the Department of historic and archeological sites and scenic views Environmental Protection. shall be identified and delineated as determined by the Conservation Commission, the Planning Board or the Department of Environmental

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 142 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Protection. 2. The Potentially Developable Area will be identified and delineated. To the maximum extent feasible, 2. The Potentially Developable Area will be identified the Potentially Developable Area shall consist of and delineated. To the maximum extent feasible, the land outside identified as environmentally Potentially Developable Area shall consist of land outside sensitive areas. areas identified as environmentally sensitive.

b. Step Two: Locating House Sites. Locate the approximate sites of individual houses B. Step Two: Locating House Sites. Locate the within the Potentially Developable Area and approximate sites of individual houses within the Potentially include the delineation of private yards and areas Developable Area and include the delineation of private of shared amenities, so as to reflect an integrated yards and areas of shared amenities, so as to reflect an community, with emphasis on consistency with integrated community, with emphasis on consistency with the Town’s historical development patterns. the Town’s historical development patterns.

c. Step Three: Aligning the Streets. C. Step Three: Aligning the Streets. Align streets and Align streets and driveways in order to access the driveways in order to access the house sites. Common house sites. Driveways may be allowed subject to the requirements of the Planning Board’s Rules and Regulations. Common Driveways may be allowed subject to

the requirements of the Planning Board’s Rules

and Regulations.

d. Step Four: Lot Lines. D. Step Four: Lot Lines. Establish lot lines for each of the Establish lot lines for each of the individual parcels individual parcels and open space. and open space.

7543. PROCEDURES 8.4.8. Special Permit Procedures and Decision a. Application. A. Application. Submission requirements and An application for a Special Permit for an OSRD procedures for an OSRD special permit shall conform to the shall include a Sketch Plan as detailed below. The Planning Board’s rules and regulations and Section 3.5 of this Planning Board shall adopt rules and regulations Bylaw, and shall include a Sketch Plan. The Planning Board relative to the size, form, number and contents shall adopt rules and regulations relative to the size, form,

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 143 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 of the Sketch Plan. number, and contents of the Sketch Plan. 1. Sketch Plan.

The Sketch Plan shall be prepared by a certified Landscape Architect, or by a multidisciplinary team of which one member must be a certified Landscape Architect, and shall address the general features of the land, give approximate configurations of the lots, locations and sizes (footprints) of the houses, examples and elevations of the home types, open space, and roadways, a description of the neighborhood in which the tract lies, including utilities and other public facilities, and the impact of the proposed plan upon them, and include the information listed under the Subdivision Rules and Regulations. The Sketch Plan shall be submitted in accordance to the requirements as set forth in the Planning Board’s Rules and Regulations (7542.b.) The Sketch Plan shall incorporate the Four-Step Design Process, according to 7542 above, and the Design Standards according to 7544 below, when determining a proposed design for the development. B. Relationship Between the OSRD Special Permit and 2. Relationship Between the OSRD Special Permit OSRD Definitive Subdivision Plan. and OSRD Definitive Subdivision Plan 1. The issuance of an OSRD Special Permit allows the applicant to submit an Open Space Definitive Subdivision The issuance of an OSRD Special Permit allows Plan to the Planning Board for approval under the the applicant to submit an Open Space Definitive Subdivision Control Law. Any OSRD Special Permit issued by Subdivision Plan to the Planning Board for the Planning Board shall specifically state that the Open approval under the Subdivision Control Law. Any Space Definitive Subdivision Plan shall substantially comply OSRD Special Permit issued by the Planning with the OSRD Special Permit. Board shall specifically state that the Open Space 2. An Open Space Definitive Subdivision Plan will be Definitive Subdivision Plan shall substantially Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 144 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 comply with the OSRD Special Permit. considered not to substantially comply with the OSRD Special An Open Space Definitive Subdivision Plan will be Permit if the Planning Board determines that any of the considered not to substantially comply with the following conditions exist: OSRD Special Permit if the Planning Board a. an increase in the number of building lots; b. a significant decrease in the open space acreage; determines that any of the following conditions c. a significant change in the lot layout; exist: d. a significant change in the general development a. an increase in the number of building lots; pattern which adversely affects natural landscape features b. a significant decrease in the open space acreage; and open space preservation; c. a significant change in the lot layout; e. significant changes to the storm water management d. a significant change in the general development facilities; pattern which adversely affects natural f. significant changes in the wastewater management landscape features and open space preservation; systems; and/or, e. significant changes to the storm water g. significant change or receipt of information which management facilities; and/or, deviates from the information used as a basis for the f. significant changes in the wastewater approval of the OSRD Special Permit issued by the Planning management systems. Board. g. significant change or receipt of information which deviates from the information used as a basis for the approval of the OSRD Special Permit issued by the Planning Board. 3. If the Planning Board determines that the Open Space If the Planning Board determines that the Open Definitive Subdivision Plan does not substantially comply Space Definitive Subdivision Plan does not with the OSRD Special Permit, the Board may disapprove the substantially comply with the OSRD Special OSRD Definitive Subdivision Plan. Permit, the Board may disapprove the OSRD Definitive Subdivision Plan. 4. The Planning Board may conditionally approve an The Planning Board may conditionally approve an Open Space Definitive Subdivision Plan that does not Open Space Definitive Subdivision Plan that does substantially comply with the OSRD Special Permit. However, not substantially comply with the OSRD Special such conditional approval must identify where the plan does Permit. However, such conditional approval must not substantially comply with the OSRD Special Permit and identify where the plan does not substantially shall require that the OSRD Special Permit be amended to be comply with the OSRD Special Permit and shall in compliance with the significant changes identified by the require that the OSRD Special Permit be Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 145 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 amended to be in compliance with the significant Planning Board. The Planning Board shall also require that changes identified by the Planning Board. The the applicant file an application to amend the OSRD Special Planning Board shall also require that the Permit within a specified time period. applicant file an application to amend the OSRD Special Permit within a specified time period. 5. The public hearing on the application to amend the The public hearing on the application to amend OSRD Special Permit shall be limited to the significant the OSRD Special Permit shall be limited to the changes identified by the Planning Board in their conditional significant changes identified by the Planning approval of the Open Space Definitive Subdivision Plan. Board in their conditional approval of the Open Space Definitive Subdivision Plan. C. Other Information. The submittals and permits of this b. General Procedures. Section 8.4 shall be in addition to any other requirements of Whenever an application for a OSRD Special the Subdivision Control Law or any other provisions of this Permit is filed with the Planning Board, with a Zoning Bylaw. To the extent permitted by law, the Planning copy filed forthwith with the Town Clerk, Board shall coordinate the public hearing required for an applicant shall also file, within five (5) working application for a Special Permit for a OSRD with the public days of the filing of the completed application, hearing required for approval of a Definitive Subdivision additional copies to be provided according to the Plan. Planning Board’s Rules and Regulations, accompanying development plan of the entire parcel under consideration, prepared by a professional architect, engineer or landscape architect, and other documentation, to the Board of Health, Conservation Commission, Building Inspector, Department of Public Works, Police Chief, Fire Chief, and Town Engineer for their consideration, review, and report. The applicant shall furnish the copies necessary to fulfill this requirement.

Reports from other boards and officials shall be submitted to the Planning Board within thirty- five (35) days of receipt of the reviewing party of all of the required materials; failure of these Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 146 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the Planning Board is held prior to the expiration of the 35 day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that 35 day period. The Decision/Findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.

c. Site Visit. Whether or not conducted during the pre- application stage, the Planning Board may conduct a site visit during the public hearing.

d. Other Information. The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Bylaw. To the extent permitted by law, the Planning Board shall coordinate the public hearing required for an application for a Special Permit for a OSRD with the public hearing required for approval of a Definitive Subdivision 8.4.7. Site Specific Design Standards Plan. A. Basic Maximum Number of Units shall be determined by one of the following methods: 7544. SITE SPECIFIC DESIGN STANDARDS 1. Determination of Yield Formula. The Basic Maximum Number shall be derived from the following calculation to a. Basic Maximum Number of Housing Units shall be determine the total number of lots (or dwelling units): determined by one of the following methods:

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 147 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 1. Determination of Yield Formula Total Number of Lots = TA – (50 percent x WA) – (0.1 x TA) The Basic Maximum Number shall be derived Existing minimum lot area (1 acre) from the following calculation to determine the TA = Total Area of Parcel (Acres) total number of lots (or dwelling units): WA = Wetlands and Riverfront Areas of Parcel (Acres) The calculation of the number of Basic Maximum Number of Total Number of Lots = TA – (0.5 x WA) – (0.1 x Housing Units shall be rounded to the next whole number for TA) units equal to 50 percent or greater. Existing minimum lot area (1 OR: acre) TA = Total Area of Parcel (Acres) WA = Wetlands and Riverfront Areas of Parcel (Acres)

The calculation of the number of Basic Maximum Number of Housing Units shall be rounded to the next whole number for units equal to 0.5 or greater. OR:

2. Determination of Yield Plan 2. Determination of Yield Plan. The Basic Maximum The Basic Maximum Number shall be derived Number shall be derived from a Yield Plan. The Yield Plan from a Yield Plan. The Yield Plan shall show the shall show the maximum number of lots (or dwelling units) maximum number of lots (or dwelling units) that that could be placed upon the site under a conventional could be placed upon the site under a subdivision. The proponent shall have the burden of proof conventional subdivision. The proponent shall with regard to the Basic Maximum Number of lots (or have the burden of proof with regard to the Basic dwelling units) resulting from the design and engineering Maximum Number of lots (or dwelling units) specifications shown on the Yield Plan. resulting from the design and engineering specifications shown on the Yield Plan. b. Dimensional Requirements B. Dimensional Requirements. Lots sizes may be Lots sizes may be reduced in area from the reduced in area from the minimum requirements of the requirements of the Zoning Bylaws of the Town of Zoning Bylaw according to the following schedule:

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 148 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Tewksbury according to the following schedule: R40 and Farming Districts, 43,560 square feet R40 and Farming Districts, 43,560 Sq.Ft. to (one acre) to 10,000 square feet 10,000 Sq. Ft. The Planning Board may waive lot size requirements when significant benefit relating to the Purpose and Intent of the OSRD Special Permit are found as determined by the The Planning Board may waive lot size requirements when significant benefit relating to Planning Board. the Purpose and Intent of the OSRD Special Permit are found as determined by the Planning Board.

c. Flexible Frontage C. Flexible Frontage 1. The combined frontage of the lots of an Open 1. Unless waived by the Planning Board, the combined Space Residential Design shall equal or exceed 50 frontage of the lots of an Open Space Residential feet for each lot created. [For example, in an R40 Development shall equal or exceed 50 feet for each lot development, to create a six-lot development, the created. For example, in an R40 development, to create a six- combined frontage of the parcels must be a lot development, the combined frontage of the parcels must minimum of 300 feet, not to include frontage on be a minimum of 300 feet, not to include frontage on existing public ways.) existing public ways.

2. Provided that all other requirements of this bylaw are met, the minimum frontage required for individual lots within an Open Space Residential Design shall be 40 feet with the exception described in 7544.d.3.below. Each lot shall have adequate access on a public or private way which meets the standards in this Section. 3. To the extent feasible, protected open space shall 2. To the extent feasible, protected open space shall be be located adjacent to public ways. Any building located adjacent to public ways. Any building lot which lot which fronts on an existing public or private fronts on an existing public or private road shall have the road shall have the frontage normally required in frontage normally required in the zoning district. the zoning district.

d. Groups of House Lots and location of Open Space D. Groups of house lots and location of open space shall shall be determined per the requirements of the be as determined by the Planning Board. Planning Board’s Rules and Regulations.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 149 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 e. Open Space Restriction: 1. A minimum of fifty percent (50%) of the E. Open Space Requirement. development tract shall be Open Space. 1. A minimum of 50 percent of the proposed tract of land shall be Open Space. 2. No more than fifty percent (50%) of the 2. No more than 50 percent of the designated open designated open space may be comprised of space may be comprised of wetlands or land having an wetlands, or land having an average grade greater average grade greater than 25 percent. than twenty-five percent (25%). 3. Wastewater and stormwater management systems serving the OSRD may be located within 3. Wastewater and stormwater management systems the open space. serving the OSRD may be located within the open space.

4. Open Space Ownership. At the applicant’s 4. Open Space Ownership. At the applicant’s request request and approval of the Planning Board, the and approval of the Planning Board, the open space may be open space may be owned by: owned by:

(a) A private owner for agricultural, horticultural, a. A private owner for agricultural, horticultural, forestry or any other purpose not inconsistent forestry, or any other purpose not inconsistent with a with a prepared conservation restriction; prepared conservation restriction;

(b) A non-profit organization or agency of the b. A non-profit organization or agency of the Commonwealth, with their consent, whose Commonwealth, with their consent, whose principal purpose principal purpose is the conservation of open is the conservation of open space for any of the purposes set space for any of the purposes set forth herein; forth herein;

(c) The Town of Tewksbury Conservation c. The Tewksbury Conservation Commission; or, Commission; or

(d) A homeowners association (HOA) with d. A homeowners’ association (HOA) with documentation that is provided by the applicant documentation that is provided by the applicant and and reviewed and approved by Town Counsel and reviewed and approved by Town Counsel and the Planning the Planning Board. Board.

Selection of ownership option (a), (b) or (d) Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 150 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 requires: e. Selection of ownership option (a), (b) or (d) requires:

i.The conveyance of a conservation restriction as • The conveyance of a conservation restriction as outlined herein; and outlined herein; and, ii.The granting of an access easement over such • The granting of an access easement over this land land sufficient to ensure its perpetual sufficient to ensure its perpetual maintenance as agricultural, maintenance as agricultural, conservation, or conservation, or recreation land. The easement shall provide recreation land. Such easement shall provide that in the event the trust or other owner fails to maintain that in the event the trust or other owner fails the open space in reasonable condition, the Town of to maintain the open space in reasonable Tewksbury ma,y after notice to the lot owners and public condition, the Town of Tewksbury may after hearing, enter upon the designated open space to maintain it notice to the lot owners and public hearing, in order to prevent or abate a nuisance. The cost of this enter upon such land to maintain it in order to maintenance by the Town of Tewksbury shall be assessed prevent or abate a nuisance. The cost of such against the properties within the development and/or to the maintenance by the Town of Tewksbury shall owner of the open space. Pursuant to G.L. c. 40 § 58 the be assessed against the properties within the Town of Tewksbury may file a lien against the lot or lots to development and/or to the owner of the open ensure payment for the maintenance. Pursuant to G.L. c. 40 space. Pursuant to G.L. Chapter 40 Section 58 § 57, the Town of Tewksbury may also deny any application the Town of Tewksbury may file a lien against for, or revoke or suspend a building permit or any local the lot or lots to ensure payment for such license or permit, due to neglect or refusal by any property maintenance. Pursuant to G.L. Chapter 40 owner to pay any maintenance assessments levied. Section 57 the Town of Tewksbury may also deny any application for, or revoke or suspend a building permit or any local license or permit, due to neglect or refusal by any property owner to pay any maintenance assessments levied.

5. Open Space Recording. In order to insure that the corporation, non-profit organization or trust will 5. Open Space Recording. In order to ensure that the properly maintain the unsubdivided land or open corporation, non-profit organization, or trust will properly space, an instrument(s) shall be recorded at the maintain the unsubdivided land or open space, an Middlesex North Registry of Deeds which shall instrument(s) shall be recorded with the Middlesex North

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 151 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 provide as a minimum the following Registry of Deeds which shall provide as a minimum the requirements: following requirements:

(a) A legal description of the unsubdivided land or open space; a. A legal description of the unsubdivided land or open (b) A statement of the purposes for which the space; unsubdivided land or open space is intended to be used and the restrictions on its use and alienation; b. A statement of the purposes for which the unsubdivided land or open space is intended to be used and (c) The type and name of the corporation, non- the restrictions on its use and alienation; profit organization, or trust which will own, c. The type and name of the corporation, non-profit manage and maintain the unsubdivided land or organization, or trust which will own, manage and maintain open space; the unsubdivided land or open space; and, (d) Provision for the management, maintenance, operation improvement and repair of the d. Provision for the management, maintenance, unsubdivided land or open space and facilities operation improvement and repair of the unsubdivided land therein, including provisions for obtaining and or open space and facilities therein, including provisions for maintaining adequate insurance and levying and obtaining and maintaining adequate insurance and levying collecting from the dwelling owners common and collecting from the dwelling owners common charges to charges to pay for expenses associated with the pay for expenses associated with the subdivided land or subdivided land or open space, including real open space, including real estate taxes. It shall be provided estate taxes. It shall be provided that common that common charges are to be allocated among the dwelling charges are to be allocated among the dwelling owners in proportion to their ownership or beneficial owners in proportion to their ownership or interests in the corporation, non-profit organization or trust, beneficial interests in the corporation, non-profit and that each dwelling owner's share of the common charge organization or trust, and that each dwelling shall be a lien against the owner’s real estate in the cluster owner's share of the common charge shall be a development, which shall have priority over all other liens lien against his real estate in the cluster with the exception of municipal liens and first mortgages of development, which shall have priority over all record. other liens with the exception of municipal liens and first mortgages of record;

(e) The method by which such instrument(s) may

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 152 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 be amended.

7545. PUBLIC HEARING

After the opportunity for review by other boards has taken place, the Planning Board shall hold a hearing under this section, in conformity with the provisions of G.L. Chapter 40A, S9 and of the zoning bylaw and regulations of the Planning Board.

7546. DECISION OF THE PLANNING BOARD 8.4.8.D. Decision. The Planning Board may grant a special permit for a The Planning Board may grant a special permit for an OSRD OSRD if it determines that the proposed OSRD has that complies in all respects with this Section 8.4 if the Board less detrimental impact on the tract than a determines that the proposed OSRD will have a less conventional development proposed for the tract, detrimental impact on the tract than a conventional after considering the following factors: development proposed for the tract, after considering the a. whether the OSRD furthers the goals and following factors: policies of the open space/master plan. 1. whether the OSRD furthers the goals and policies of b. whether the OSRD achieves greater the open space/master plan; flexibility and creativity in the design of 2. whether the OSRD achieves greater flexibility and residential developments than a creativity in the design of residential developments than a conventional subdivision plan; conventional subdivision plan; c. whether the OSRD promotes permanent preservation of open space, agricultural 3. whether the OSRD promotes permanent preservation land forestry land, other natural resources of open space, agricultural land, forestry land, other natural including waterbodies and wetlands, and resources including waterbodies and wetlands, and historical historical and archeological resources; and archeological resources; d. whether the OSRD promotes a less sprawling and more efficient form of 4. whether the OSRD promotes a less sprawling and development that consumes less open more efficient form of development that consumes less open

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 153 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 land and conforms to existing topography land and conforms to existing topography and natural and natural features better than a features better than a conventional subdivision; conventional subdivision; e. whether the OSRD reduces the total amount of disturbance on the site; 5. whether the OSRD reduces the total amount of f. whether the OSRD facilitates the disturbance on the site; construction and maintenance of streets, 6. whether the OSRD facilitates the construction and utilities, and public service in a more maintenance of streets, utilities, and public service in a more economical and efficient manner. economical and efficient manner. g. whether the OSRD and its supporting narrative documentation complies with all 7. whether the OSRD and its supporting narrative sections of this zoning bylaw. documentation complies with all sections of this zoning h. whether the OSRD complies with the bylaw; recommendations of the Department of 8. whether the OSRD complies with the Public Works, the Board of Health and the recommendations of the Department of Public Works, the Conservation Commission. Board of Health and the Conservation Commission and, i. whether it appears that because of soil 9. whether it appears that because of soil characteristics, drainage, traffic or other characteristics, drainage, traffic, or other conditions, the conditions , the granting of such a permit granting of a special permit would be detrimental to the would be detrimental to the health, safety health, safety or welfare of the neighborhood or Town or or welfare of the neighborhood or Town inconsistent with the intent of the OSRD bylaw. [pp.91-96] or inconsistent with the intent of the OSRD bylaw. [pp. 73-80] SECTION 8000. OVERLAY DISTRICTS

8100 FLOODPLAIN DISTRICT 5.5 FLOODPLAIN DISTRICT [pp. 80-85] [pp.39-42] 8110. Statement of Purpose. The purposes of the 5.5.1 Statement of Purpose. The purposes of the Floodplain Floodplain District are to: District are to: 1. Ensure public safety through reducing the A. Ensure public safety through reducing the threats to life threats to life and personal injury. and personal injury. 2. Eliminate new hazards to emergency response B. Eliminate new hazards to emergency response officials; officials; C. Prevent the occurrence of public emergencies resulting Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 154 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 3. Prevent the occurrence of public emergencies from water quality, contamination, and pollution due to resulting from water quality, contamination, and flooding; pollution due to flooding; D. Avoid the loss of utility services which if damaged by 4. Avoid the loss of utility services which if flooding would disrupt or shut down the utility network damaged by flooding would disrupt or shut down and impact regions of the community beyond the site of the utility network and impact regions of the flooding; community beyond the site of flooding; E. Eliminate costs associated with the response and cleanup 5. Eliminate costs associated with the response of flooding conditions; and cleanup of flooding conditions; F. Reduce damage to public and private property resulting 6. Reduce damage to public and private property from flooding waters. resulting from flooding waters. Floodplain District Boundaries 8120. Floodplain District Boundaries. 5.5.2 The Floodplain District is herein established as an The Floodplain District is herein established as an overlay overlay district. The District includes all the special district and consists of all areas shown on the Zoning Map flood hazard areas within the Town of Tewksbury under Section 4.2. The District includes all the special flood designated as Zone A and AE, on the Middlesex hazard areas within the Town of Tewksbury Middlesex County Flood Insurance Rate Map (FIRM) issued by County Flood Insurance Rate Map (FIRM) issued by the the Federal Emergency Management Agency (FEMA) Federal Emergency Management Agency (FEMA) for the for the administration of the NFIP. The map panels of administration of the National Flood Insurance Program the Middlesex FIRM are wholly or partially within the (NFIP). The exact boundaries of the District shall be defined Town of Tewksbury are panel numbers 25017C0142E, by the 1% chance base flood elevations shown on the FIRM 25017C0144E, 25017C0163E, 25017C0164, and further defined by the Middlesex County Flood 25017C0276F, 25017C0277F, 25017C0278F, Insurance Study (FIS) report dated July 6, 2016. The FIRM and 25017C0279F, 25017C0281F, and 25017C0283F dated FIS are incorporated herein by reference and are on file with July 6, 2016; and 25017C0256F, 25017C0257F, the Town Clerk, Planning Board, Building Commissioner, 25017C0259F dated July 7, 2014 or most recent maps Conservation Commission and the Town Engineer. approved by FEMA. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report dated July 6, 2016 or most recent maps approved by FEMA. The FIRM and FIS are incorporated herein by reference and are on file with

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 155 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 the Town Clerk, Planning Board, Building Commissioner, Conservation Commission and the Town Engineer. The above referenced maps and study booklet may be amended from time to time.

8130. Base Flood Elevation and Floodway Data. 5.5.3 Base Flood Elevation and Floodway Data

8131. Floodway data. In Zone A and AE along A. Floodway data. In Zone A, A1-30 and AE along watercourses that have not had a regulatory watercourses that have not had a regulatory floodway floodway designated, the best available Federal, designated, the best available Federal, State, local, or other State, local, or other floodway data shall be used floodway data shall be used to prohibit encroachments in to prohibit encroachments in floodways which floodways which would result in any increase in flood levels would result in any increase in flood levels within within the community during the occurrence of the base the community during the occurrence of the base flood discharge. flood discharge. B. In Zone AE, along watercourses that have a regulatory 8132. Base Flood Elevation Data. Base flood floodway within the Town of Tewksbury as designated on the elevation data is required for subdivision Middlesex County Flood Insurance Rate Maps, proposals or other developments greater than 50 encroachments are prohibited in the regulatory floodway lots or 5 acres, whichever is the lessor, within which would result in any increase in flood levels within the unnumbered A zones. community during the occurrence of the base flood discharge.

C. Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to: FEMA Region I Risk Analysis Branch Chief, 99 High St., 6th floor, Boston, MA 02110 And copy of notification to: Massachusetts NFIP State Coordinator, MA Dept. of Conservation & Recreation, 251

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 156 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Causeway Street, Boston, MA 02114. 8140. Notification of Watercourse Alteration. 5.5.4 Notification of Watercourse Alteration In a riverine situation, the Building Commissioner shall notify 8141. Notify, in a riverine situation, the following the following of any alteration or relocation of a of any alteration or relocation of a watercourse: watercourse: 1. Adjacent Communities, A. Adjacent Communities, especially upstream and 2. NFIP State Coordinator-Massachusetts downstream Department of Conservation and Recreation B. NFIP State Coordinator-Massachusetts Department of 3. NFIP Program Specialist- FEMA Region 1 Conservation and Recreation, 251 Causeway Street, 8th Floor, Boston, MA 02114 C. NFIP Program Specialist- Federal Emergency Management Agency, Region 1, 99 High Street, 6th Floor, Boston, MA 02110 8150. Use Regulations

8151. Reference to existing regulations. The Floodplain District is established as an overlay 5.5.5 Variances district to all other districts. All development in A. Variance to building code floodplain standards. The the district, including structural and non- Town will request from the State Building Code Appeals structural activities, whether permitted by right or Board a written and/or audible copy of the portion of the by special permit must be in compliance with hearing related to the variance, and will maintain this record Chapter 131, Section 40 of the Massachusetts in the community’s files. The Town shall also issue a letter to General Laws and the following: the property owner regarding potential impacts to the 1. 780 CMR (Massachusetts State Building annual premiums for the flood insurance policy covering that Code); property, in writing over the signature of a community 2. 310 CMR (Commonwealth of official that (i) the issuance of a variance to construct a Massachusetts Regulations), Department of structure below the base flood level will result in increased Environmental Protection, Wetlands premium rates for flood insurance up to amounts as high as Protection Regulations. (currently Section $25 for $100 of insurance coverage and (ii) such construction 10.00); below the base flood level increases risks to life and 3. Inland Wetlands Restriction, DEP property. Such notification shall be maintained with the (currently 302 CMR 6.00); and record of all variance actions for the referenced 4. Minimum Requirements for the Subsurface development in the floodplain overlay district.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 157 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Disposal of Sanitary Sewage, DEP (currently B. Variances to local Zoning Bylaws related to 310 CMR 15, Title 5). community compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain bylaws Any variances from the provisions and must meet the requirements set out by State law, and may requirements of the above-referenced state only be granted if: 1) Good and sufficient cause and regulations may only be granted in accordance exceptional non-financial hardship exist; 2) the variance will with the required variance procedures of these not result in additional threats to public safety, extraordinary state regulations. public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief. 8152. Other Use Regulations. 5.5.6 Other Use Regulations

1. In Zone AE, along watercourses that have a A. Permits are required for all proposed development in regulatory floodway within the Town of the Floodplain District. The Town requires a permit for all Tewksbury as designated on the Middlesex proposed construction or other development in the County Flood Insurance Rate Maps, encroachments floodplain district, including new construction or changes to are prohibited in the regulatory floodway which existing buildings, placement of manufactured homes, would result in any increase in flood levels within placement of agricultural facilities, fences, sheds, storage the community during the occurrence of the base facilities or drilling, mining, paving and any other flood discharge. development that might increase flooding or adversely 2. Existing contour intervals of site and impact flood risks to other properties. Existing contour elevations of existing structures must be intervals of site and elevations of existing structures must be included on plan proposal. included on plan proposal. 3. Applicant shall be required to submit one B. Assure that all necessary permits are obtained. copy of the development plan to the Town’s permit review process includes the use of a checklist Conservation Commission, Planning Board, of all local, state and federal permits that will be necessary in Board of Health, Town Engineer, and Building order to carry out the proposed development in the Commissioner for comments which will be floodplain district. The proponent must acquire all necessary considered by the appropriate permitting permits, and must submit the completed checklist board prior to issuing applicable permits. demonstrating that all necessary permits have been 4. All subdivisions proposals must be designed acquired. to assure that: C. Subdivision proposals. All subdivision proposals and a) such proposals minimize flood development proposals in the floodplain overlay district shall damage; be reviewed to assure that:

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 158 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 b) all public utilities and facilities are 1) Such proposals minimize flood damage. located and constructed to 2) Public utilities and facilities are located & constructed minimize or eliminate flood so as to minimize flood damage. damage; and 3) Adequate drainage is provided. c) adequate drainage is provided to D. Base flood elevation data for subdivision proposals. reduce exposure to flood hazards. When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans. E. Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for flood proofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways. F. AO and AH zones drainage requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures. G. Recreational vehicles. In A1-30, AH, and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone’s regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready. 8160. Permitted Uses. The following uses of low flood damage potential and causing no obstructions to flood flows are

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 159 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment: 1. Agricultural uses such as farming, grazing, truck farming, horticultural, etc. 2. Forestry and nursery uses. 3. Outdoor recreational uses, including fishing, boating, play areas, etc. 4. Conservation of water, plants, wildlife. 5. Wildlife management areas, foot, bicycle, and/or horse paths. 6. Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises. 7. Buildings lawfully existing prior to the adoption of these provisions.

8170. Administration. 5.5.7 Administration and Enforcement 8171. In order to insure the proper administration of the Floodplain District, the A. In order to insure the proper administration of the Building Commissioner shall; Floodplain District, the Town of Tewksbury hereby 1. Review proposed development to insure designates the Building Commissioner to be the official that all necessary permits have been obtained floodplain administrator for the Town of Tewksbury. from those governmental agencies from B. Enforcement. See Section 3.2 of this Bylaw. which approval is required by federal or state [pp.39-42] law. 2. Obtain and maintain records of: a) The elevation to which any structure has been floodproofed; b) The floodproofing certificates required under the Floodplain District; c) Whether or not the structure has a

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 160 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 basement.

8180. Definitions 2.0 DEFINITIONS [pp.6-8] The following definitions are exclusive to the FLOOD PLAIN DISTRICT: FLOODPLAIN DISTRICT, the following terms and definitions are exclusive to the Floodplain District: AREA OF SPECIAL FLOOD HAZARD is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE or V. BASE FLOOD means the flood having a one percent chance of being equaled to or exceeded in any given year.

DEVELOPMENT means any manmade change to DEVELOPMENT means any man-made change to improved improved or unimproved real estate, including but or unimproved real estate, including but not limited to not limited to building or other structures, mining, building or other structures, mining, dredging, filling, grading, dredging, filling, grading, paving, excavation or drilling paving, excavation or drilling operations or storage of operations. equipment or materials. DISTRICT means floodplain district. FLOODWAY means the channel of the river, creek or other watercourse and the adjacent land areas that must be EXISTING MANUFACTURED HOME PARK OR reserved in order to discharge the base flood without SUBDIVISION means a manufactured home park or cumulatively increasing the water surface elevation more subdivision for which the construction of facilities for than a designated height. servicing the lots on which the manufactured homes FUNCTIONALLY DEPENDENT USE means a use which cannot are to be affixed (including, at a minimum, the perform its intended purpose unless it is located or carried installation of utilities, the construction of streets, out in close proximity to water. The term includes only and either final site grading or the pouring of docking facilities, port facilities that are necessary for the concrete pads) is completed before the effective date loading and unloading of cargo or passengers, and ship of the floodplain management regulations adopted building and ship repair facilities, but does not include long- by a community. term storage or related manufacturing facilities. EXPANSION TO AN EXISTING MANUFACTURED HIGHEST ADJACENT GRADE means the highest natural Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 161 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 HOME PARK OR SUBDIVISION means the preparation elevation of the ground surface prior to construction next to of additional sites by the construction of facilities for the proposed walls or a structure. servicing the lots on which the manufactured homes HISTORIC STRUCTURE means any structure that is: are to be affixed (including the installation of utilities, (a) Listed individually in the National Register of Historic the construction of streets, and either final site Places (a listing maintained by the Department of Interior) or grading or the pouring of concrete pads). preliminarily determined by the Secretary of the Interior as FEDERAL EMERGENCY MANAGEMENT AGENCY meeting the requirements for individual listing on the (FEMA) administers the National Flood Insurance National Register; Program. FEMA provides a nationwide flood hazard (b) Certified or preliminarily determined by the Secretary of area mapping study program for communities as well the Interior as contributing to the historical significance of a as regulatory standards for development in the flood registered historic district or a district preliminarily hazard areas. determined by the Secretary to qualify as a registered historic district; FLOOD BOUNDARY AND FLOODWAY MAP means an (c) Individually listed on a state inventory of historic places in official map of a community issued by FEMA that states with historic preservation programs which have been depicts, based on detailed analyses, the boundaries approved by the Secretary of the Interior; or of the 100-year and 500-year floods and the 100-year (d) Individually listed on a local inventory of historic places in floodway. (The floodway designation is included on communities with historic preservation programs that have the FIRM.) been certified either: FLOOD INSURANCE RATE MAP (FIRM) means an (1) By an approved state program as determined by the official map of a community on which FEMA has Secretary of the Interior or delineated both the areas of special flood hazard and (2) Directly by the Secretary of the Interior in states without the risk premium zones applicable to the community. approved programs. NEW CONSTRUCTION means, for floodplain management FLOOD INSURANCE STUDY means an examination, purposes, structures for which the “start of construction” evaluation and determination of flood hazards, and if commenced on or after the effective date of a floodplain appropriate, corresponding water surface elevations, management regulation adopted by the community, or an examination, evaluation and determination of including any subsequent improvements to such structures. flood-related erosion hazards. New construction includes work determined to be FLOODWAY means the channel of a river or other substantial improvement. watercourse and the adjacent land areas that must RECREATIONAL VEHICLE means a vehicle which is: be reserved in order to discharge the base flood (a) Built on a single chassis; without cumulatively increasing the water surface (b) 400 square feet or less when measured at the largest

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 162 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 elevation. horizontal projection; LOWEST FLOOR means the lowest floor of the lowest (c) Designed to be self-propelled or permanently towable by enclosed area (including basement or cellar). An a light duty truck; and unfinished or flood resistant enclosure, usable solely (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, for parking of vehicles, building access or storage in an area, other than a basement area, is not travel, or seasonal use. REGULATORY FLOODWAY considered a building’s lowest floor, PROVIDED that – SEE FLOODWAY SPECIAL FLOOD HAZARD AREA such enclosure is not built so as to render the means a land area subject to structure in violation of the applicable non-elevation flood hazards as shown on FIRM or other flood hazard map design requirements of NFIP Regulations 60.3. as Zone A, AE, A1-30 , A99, AR, AO, or AH. START OF CONSTRUCTION means the date of issuance for MANUFACTURED HOME means a structure, new construction and substantial improvements to existing transportable in one or more sections, which is built structures, provided the actual start of construction, repair, on a permanent chassis and is designed for use with reconstruction, rehabilitation, addition, placement or other or without a permanent foundation when connected improvement was within 180 days after the date of issuance. to the required utilities. For floodplain management The actual start of construction means the first placement of purposes the term “manufactured home” also permanent construction of a building (including a includes park trailers, travel trailers and other similar manufactured home) on a site, such as the pouring of slab or vehicles placed on a site for greater than 180 footings, the installation of pilings or construction of consecutive days. For insurance purposes, the term columns. Permanent construction does not include land “manufactured home” does not include park trailers, preparations (such as clearing, excavation, grading or filling), travel trailers and other similar vehicles. the installation of streets or walkways, excavation for MANUFACTURED HOME PARK OR SUBDIVISION basement, footings, piers or foundations, the erection of means a parcel (or contiguous parcels) of land divided temporary forms or the installation of accessory buildings into two or more manufactured home lots for rent or such as garages or sheds not occupied as dwelling units or sale. not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of NEW CONSTRUCTION means, for floodplain any wall, ceiling or floor, or other structural part of a management purposes, structures for which the building. “start of construction” commenced on or after the STRUCTURE means, for floodplain management purposes, a effective date of a floodplain management regulation walled and roofed building, including a gas or liquid storage adopted by a community. For the purpose of tank that is principally above ground, as well as a determining insurance rates, NEW CONSTRUCTION manufactured home. means structures for which the “start of Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 163 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 construction” commenced on or after the effective SUBSTANTIAL REPAIR OF A FOUNDATION. When work to date of an initial FIRM or after December 31, 1974, repair or replace a foundation results in the repair or whichever is later. replacement of a portion of the foundation with a perimeter NEW MANUFACTURED HOME PARK OR along the base of the foundation that equals or exceeds 50% SUBDIVISION means a manufactured home park or of the perimeter of the base of the foundation measured in subdivision for which the construction of facilities for linear feet, or repair or replacement of 50% of the piles, servicing the lots on which the manufactured homes columns or piers of a pile, column or pier supported are to be affixed (including, at the minimum, the foundation, the building official shall determine it to be installation of utilities, the construction of streets and substantial repair of a foundation. Applications determined either final site grading or the pouring of concrete by the building official to constitute substantial repair of a pads) is completed on or after the effective date of foundation shall require all existing portions of the entire the floodplain management regulations adopted by a building or structure to meet the requirements of 780 CMR. VARIANCE community. means a grant of relief by a community from the terms of a flood plain management regulation. ONE-HUNDRED-YEAR FLOOD – see BASE FLOOD. VIOLATION means the failure of a structure or other REGULATORY FLOODWAY – see FLOODWAY development to be fully compliant with the community's flood plain management regulations. A structure or other SPECIAL FLOOD HAZARD AREA means an area having development without the elevation certificate, other special flood and/or flood-related erosion hazards, certifications, or other evidence of compliance required in and shown on an FHBM or FIRM as Zone A, AO, A1- §60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is 30, AE, A99, AH, V, V1-30, VE. presumed to be in violation until such time as that START OF CONSTRUCTION includes substantial documentation is provided. [US Code of Federal Regulations, improvement, and means the date the building Title 44, Part 59] permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. For a

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 164 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 substantial improvement, the actual start of construction means the first alteration of any wall, ceiling or floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. STRUCTURE, for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 165 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 have incurred “substantial damage” regardless of the actual repair work performed. ZONE A means the 100-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE use the best available federal, state, local or other data. ZONE A1-30 and ZONE AE means the 100-year floodplain where the base flood elevation has been determined. ZONES B, C AND X are areas identified in the community Flood Insurance Study as areas of moderate of minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.

8300 GROUND WATER PROTECTION DISTRICT 5.6 GROUNDWATER PROTECTION DISTRICT— (including the SBDA Plume Area and the SBDA Buffer Zone districts) [pp. 85-91] [pp. 42-47] 8301. Purpose of District: The purpose of this 5.6.1 Purpose Groundwater Protection District is to: The purpose of this Groundwater Protection District a. promote the health, safety, and general (including the SBDA Plume Area and the SBDA Buffer Zone welfare of the community by ensuring an districts) is to promote the health, safety, and general adequate quality and quantity of drinking water welfare of the community by ensuring an adequate quality for the residents, institutions, and businesses of and quantity of drinking water for the residents, institutions, the Town of Tewksbury; and businesses of the Town; preserve and protect existing and potential sources of drinking water supplies; conserve b. preserve and protect existing and potential the natural resources of the Town; prevent temporary and sources of drinking water supplies; permanent contamination of the environment; and prohibit c. conserve the natural resources of the town; or limit certain groundwater activities or uses within the and SBDA Plume Area and the SBDA Buffer Zone that may impair the protectiveness of the federal Selected Remedy for the d. prevent temporary and permanent Sutton Brook Disposal Area Superfund Site.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 166 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 contamination of the environment.

8302. Scope Of Authority. The Groundwater 5.6.2 Scope of Authority Protection District is an overlay district superimposed A. Overlay. The Groundwater Protection District is an on the zoning districts. This overlay district shall overlay district superimposed on the zoning districts. This apply to all new construction, reconstruction, or overlay district shall apply to all new construction, expansion of existing buildings and new or expanded reconstruction, or expansion of existing buildings and new or uses. Applicable activities/ uses in a portion of one of expanded uses. Applicable activities or uses in a portion of the underlying zoning districts which fall within the one of the underlying zoning districts which fall within the Groundwater Protection District must additionally Groundwater Protection District must additionally comply comply with the requirements of this district. Uses with the requirements of this district. Uses prohibited in the prohibited in the underlying zoning districts shall not underlying zoning districts shall not be permitted in the be permitted in the Groundwater Protection District. Groundwater Protection District.

8303 Definitions. For the purposes of this section, 2.0 GROUNDWATER PROTECTION DISTRICT, the following terms the following terms are defined below: and definitions are exclusive to the Groundwater Protection District a. AQUIFER: Geologic formation composed of rock, AQUIFER: Geologic formation composed of rock, sand or sand or gravel that contains significant amounts of gravel that contains significant amounts of potentially potentially recoverable water. recoverable water. b. GROUNDWATER PROTECTION DISTRICT: The GROUNDWATER PROTECTION DISTRICT: A zoning district zoning district defined to overlay other zoning defined to overlay other zoning districts in the Town of districts in the Town of Tewksbury. The groundwater Tewksbury. The groundwater protection district may include protection district may include specifically designated specifically designated recharge areas and specifically recharge areas. designated groundwater use restriction areas. c. IMPERVIOUS SURFACE: Material or structure on, IMPERVIOUS SURFACE: Material or structure on, above, or above, or below the ground that does not allow below the ground that does not allow precipitation or precipitation or surface water to penetrate directly surface water to penetrate directly into the soil. into the soil. d. MINING: The removal or relocation of geologic MINING: The removal or relocation of geologic materials materials such as topsoil, sand, gravel, metallic ores, such as topsoil, sand, gravel, metallic ores, or bedrock. or bedrock. e. POTENTIAL DRINKING WATER SOURCES: Areas POTENTIAL DRINKING WATER SOURCES: Areas which could Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 167 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 which could provide significant potable water in the provide significant potable water in the future. future. f. RECHARGE AREAS: Areas that collect precipitation RECHARGE AREAS: Areas that collect precipitation or surface or surface water and carry it to aquifers. Recharge water and carry it to aquifers. Recharge areas may include areas may include areas designated as Zone I, Zone II, areas designated as Zone I, Zone II, or Zone III. or Zone III. g. TOXIC OR HAZARDOUS MATERIAL: Any substance SUTTON BROOK DISPOSAL AREA (SBDA) BUFFER ZONE: A or mixture of physical, chemical, or infectious zoning district defined to overlay other zoning districts in the characteristics posing a significant, actual, or Town of Tewksbury. The SBDA Buffer Zone may include potential hazard to water supplies or other hazards to specifically designated use restriction areas. It encompasses human health if such substance or mixture were an area within five hundred feet of the outer boundary of the discharged to land or water in the Town of SBDA Plume Area, where activities may impact the Tewksbury. Toxic or hazardous materials include, effectiveness of the Selected Remedy. without limitation; synthetic organic chemicals, petroleum products, heavy metals, radioactive or SUTTON BROOK DISPOSAL AREA (SBDA) PLUME AREA: A infectious wastes, acids and alkalis, and all substances zoning district defined to overlay other zoning districts in the defined as Toxic or Hazardous under Massachusetts Town of Tewksbury. The SBDA Plume Area may include General Laws (M.G.L.) Chapter(c.) 21C and 21E and specifically designated use restriction areas. It encompasses 310 CMR 30.00, and also include such products as an area underlain by groundwater that has been shown to be solvents and thinners in quantities greater than contaminated by toxic or hazardous material at or from the normal household use. Sutton Brook Disposal Area Superfund Site which pose a risk to human health and the environment.

SUTTON BROOK DISPOSAL AREA (SBDA) SUPERFUND SITE (SITE), RECORD OF DECISION (ROD) and SELECTED REMEDY: An approximately 100 acres of land off South Street on the eastern boundary of the Town of Tewksbury, Middlesex County, Massachusetts with a small portion of land in the Town of Wilmington known as the SBDA Superfund Site (the “Site”). The Site is subject to the United States Environmental Protection Agency’s (EPA’s) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the National Contingency Plan (NCP) (40 CFR Section 300). In a

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 168 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 document entitled, “Record of Decision, Sutton Brook Disposal Area Superfund Site,” dated September 27, 2007 (the “ROD”), on file at the EPA Region I Record Center located at Five Post Office Square, Boston, Massachusetts (“EPA Region 1 Record Center”), EPA, with the concurrence of MassDEP, selected one or more response actions (collectively, the “Selected Remedy”) for the Site pursuant to CERCLA and the NCP. Due to the fact that hazardous substances, pollutants, or contaminants remain at or from the Site above levels that allow for unlimited use and unrestricted exposure (UU/UE), EPA requires the establishment of institutional controls to ensure the protectiveness of its Selected Remedy.

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 Tewksbury. 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 Massachusetts General Laws (M.G.L.) Chapter(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. [pp. 8,9] 8310. Location. The Groundwater Protection District 5.6.2 B. Location. The Groundwater Protection District shall shall be defined as all lands within the Town of be defined as all lands within the Town that are delineated as Tewksbury that are delineated as Zone II on the map Zone II on the map titled “Town of Tewksbury Zone II titled “Town of Tewksbury Zone II Delineation” and Delineation” and dated September 2001, which map(s), as dated September, 2001, which map(s), as amended amended from time to time, shall be kept on file with the from time-to-time, shall be kept on file with the Town Town Clerk, the Planning Board, the Building Commissioner,

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 169 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Clerk, the Planning Board, the Building Commissioner, the Board of Health, and the Town Engineer. Additionally, a the Board of Health, and the Town Engineer. section in the southeasterly part of Town protecting a Town Additionally, a section in the southeasterly part of of Wilmington aquifer is included in the Groundwater Town as defined on the attached map shall be Protection District. included in the Groundwater Protection District. Said The SBDA Plume Area shall include all lands within the Town map, revises the most recent Zoning Overlay District of Tewksbury near the Sutton Brook Disposal Area Superfund Map dated 3/25/05 Site that are so delineated on the map titled “SBDA Plume Area and SBDA Buffer Zone Properties” and dated February 2021 prepared by GEOSyntec Consultants, as approved by EPA. The extent of the SBDA Plume Area is expected to change based on performance of the Selected Remedy. EPA will periodically re-evaluate this district until such time as groundwater Performance Standards are met for the Site and, if necessary, provide an updated map. In the event that EPA provides an updated map, this bylaw will be amended to replace the then current map with the updated map. The SBDA Buffer Zone shall include all lands within the Town of Tewksbury near the Sutton Brook Disposal Area Superfund Site that are so delineated on the map titled “SBDA Plume Area and SBDA Buffer Zone Properties” and dated February 2021 prepared by GEOSyntec Consultants, as approved by EPA. The extent of the SBDA Buffer Zone is expected to change based on performance of the Selected Remedy. EPA will periodically re-evaluate this district until such time as groundwater Performance Standards are met for the Site and, if necessary, provide an updated map. In the event that EPA provides an updated map, this bylaw will be amended to replace the then current map with the updated map. 8311. If the location of the District boundary in 5.6.2 C. If the location of the District, the SBDA Plume Area relation to a particular parcel is in doubt, resolution and/or the SBDA Buffer Zone boundary in relation to a of boundary disputes shall be through a Special particular parcel is in doubt, resolution of boundary disputes Permit application to the Special Permit Granting shall be through a special permit application to the Planning Authority (SPGA). Any application for a special permit Board. Any application for a special permit for this purpose

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 170 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 for this purpose shall be accompanied by adequate shall be accompanied by adequate documentation as documentation. determined by the Planning Board. The burden of proof shall be upon the owner(s) of the land to show where the bounds should be located. At the request of the owner(s), the Town may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the district, the SBDA Plume Area and/or the SBDA Buffer Zone with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation. Any changes to the Zone II or Zone III delineation via this process must occur in conformance with the criteria set forth in 310 CMR 22.00 and must be approved by the Massachusetts Department of Environmental Protection (MassDEP). 8312. The burden of proof shall be upon the [See Section 5.6.2.C above] owner(s) of the land to show where the bounds should be located. At the request of the owner(s), the Town may engage 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. Any changes to the Zone II or Zone III delineation via this process must occur in conformance with the criteria set forth in 310 CMR 22.00 and must be approved by the Massachusetts Department of Environmental Protection.

8320. Development Regulations. In the 5.6.3 Development Regulations Groundwater Protection District the following In the Groundwater Protection District, the following regulations shall apply: regulations shall apply. 8321. Permitted Uses. The following uses are A. Permitted Uses. permitted within the Groundwater Protection The following uses are permitted District, provided that all necessary permits, within the Groundwater Protection District, provided that all Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 171 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 orders, or approvals required by local, state, or necessary permits, orders, or approvals required by local, federal law are also obtained: state, or federal law are also obtained: a. conservation of soil, water, plants, and wildlife; 1. Conservation of soil, water, plants, and wildlife. b. outdoor recreation, nature study, boating, 2. Outdoor recreation, nature study, boating, fishing, fishing, and hunting where otherwise legally and hunting where otherwise legally permitted. permitted; 3. Foot, bicycle and/or horse paths, and bridges. c. 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, d. normal operation and maintenance of existing supply and conservation devices. water bodies and dams, splash boards, and other 5. Maintenance, repair, and enlargement of any existing water control, supply and conservation devices; structure, subject to Section B (prohibited uses) and Section e. maintenance, repair, and enlargement of any C (special permitted uses). existing structure, subject to Section 8322 6. Residential development, subject to section b (prohibited uses) and Section 8323 (special (prohibited uses) and section c (special permitted uses). permitted uses); 7. Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Section B (prohibited f. residential development, subject to Section uses) and Section C (special permit uses). 8322 (prohibited uses) and Section 8323 (special 8. Construction, maintenance, repair, and enlargement permitted uses); of drinking water supply related facilities such as, but not g. farming, gardening, nursery, conservation, limited to, wells, pipelines, aqueducts, and tunnels. forestry, harvesting, and grazing, subject to 9. Underground storage tanks related to these activities Section 8322 (prohibited uses) and Section 8323 are not categorically permitted. (special permitted uses); h. construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels. i. Underground storage tanks related to these activities are not categorically permitted.

8322. Prohibited Uses. The following uses are 5.6.3 B. Prohibited Uses. The following uses are prohibited in

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 172 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 prohibited: the Groundwater Protection District: a. Landfills and open dumps as defined in 310 1. Landfills and open dumps as defined in 310 CMR CMR 19.006; 19.006. 2. Automobile graveyards and junkyards, as defined in b. Automobile graveyards and junkyards, as G.L. c. 140B, §1. defined in M.G.L.c. 140B, §1; 3. Landfills receiving only wastewater and/or septage c. Landfills receiving only wastewater and/or residuals including those approved by the Department septage residuals including those approved by the pursuant to G.L. c. 21, §26 through 53; G.L. c. 111, §17; G.L. Department pursuant to M.G.L.c. 21, §26 through c. 83, §6 and 7, and regulations promulgated thereunder. 53; M.G.L.c. 111, §17; M.G.L. c. 83, §6 and 7, and 4. Facilities that generate, treat, store, or dispose of regulations promulgated thereunder; hazardous waste that are subject to G.L. c. 21C and 310 CMR 30.00, except for the following: d. Facilities that generate, treat, store, or dispose a. Very small quantity generators as defined under 310 of hazardous waste that are subject to M.G.L.c. CMR 30.000; 21C and 310 CMR 30.00, except for the following: b. Household hazardous waste centers and events 1) very small quantity generators as defined under 310 CMR 30.390; under 310 CMR 30.000; c. Waste oil retention facilities required by G.L. c. 21, § 52A; and, 2) household hazardous waste centers and d. Water remediation treatment works approved by DEP events under 310 CMR 30.390; for the treatment of contaminated ground or surface waters. 3) waste oil retention facilities required by 5. Petroleum, fuel oil, and heating oil bulk stations and M.G.L. c. 21, § 52A; and terminals including, but not limited to, those listed under 4) water remediation treatment works North American Industry Classification System (NAICS) Code approved by DEP for the treatment of 454310. NAICS Codes are established by the U.S. Office of contaminated ground or surface waters. Management and Budget (OMB) and may be determined by referring to the most recent edition of the NAICS Manual, e. Petroleum, fuel oil, and heating oil bulk stations available from the U.S. Census Bureau. and terminals including, but not limited to, those 6. Storage of liquid hazardous materials, as defined in listed under Standard Industrial Classification (SIC) G.L. c. 21E, or liquid petroleum products unless such storage Codes 5171 and 5983. SIC Codes are established is: by the US Office of Management and Budget and a. Above ground level, and, may be determined by referring to the b. On an impervious surface; and, publication, Standard Industrial Classification c. Either: (i) in container(s) or above ground tank(s)

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 173 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Manual, and any other subsequent amendments; within a building, or; (ii) outdoors in covered container(s) or f. Storage of liquid hazardous materials, as above ground tank(s) in an area that has a containment defined in M.G.L.c. 21E, and/or liquid petroleum system designed and operated to hold either 10%of the total products unless such storage is: possible storage capacity of all containers, or 110% of the largest container’s storage capacity, whichever is greater; 1) above ground level, and; and, 2) on an impervious surface, and • 310 CMR allows for the replacement of existing tanks/systems for the keeping, storage or dispensing of 3) either: (i) in container(s) or above ground gasoline; and, tank(s) within a building, or; (ii) outdoors in • 310 CMR exempts above-ground home heating oil covered container(s) or above ground tank(s) systems from the containment requirement, and indoor in an area that has a containment system tanks on impervious surfaces such as a basement floor, are designed and operated to hold either 10% of allowed. the total possible storage capacity of all 7. Storage of sludge and septage, unless such storage containers, or 110% of the largest container’s complies with 310 CMR 32.30 and 310 CMR 32.31. storage capacity, whichever is greater; 8. Storage of deicing chemicals unless such storage, 4) 310 CMR allows for the replacement of including loading areas, is within a structure designed to existing tanks/systems for the keeping, prevent the generation and escape of contaminated runoff storage or dispensing of gasoline; and or leachate. 9. Storage of animal manure unless covered or 5) 310 CMR exempts above-ground home contained in accordance with the specifications of the heating oil systems from the containment Natural Resource Conservation Service. requirement, and indoor tanks on impervious 10. Earth removal, consisting of the removal of soil, loam, surfaces such as a basement floor, are sand, gravel, or any other earth material (including mining allowed. activities) to within 4 feet of historical high groundwater as g. Storage of sludge and septage, unless such determined from monitoring wells and historical water table storage is in compliance with 310 CMR 32.30 and fluctuation data compiled by the United States Geological 310 CMR 32.31 Survey, except for excavations for building foundations, h. Storage of deicing chemicals unless such roads, or utility works. storage, including loading areas, is within a 11. Discharge to the ground of non-sanitary wastewater structure designed to prevent the generation and including industrial and commercial process waste water, escape of contaminated runoff or leachate; except: a. the replacement or repair of an existing treatment i. Storage of animal manure unless covered or Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 174 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 contained in accordance with the specifications of works that will not result in a design capacity greater than the Natural Resource Conservation Service; the design capacity of the existing treatment works; j. Earth removal, consisting of the removal of soil, b. treatment works approved by the Department of loam, sand, gravel, or any other earth material Environmental Protection designed for the treatment of contaminated ground or surface water and operating in (including mining activities) to within 4 feet of historical high groundwater as determined from compliance with 314 CMR 5.05(3) or 5.05(13); and, monitoring wells and historical water table c. publicly owned treatment works. fluctuation data compiled by the United States 12. Stockpiling and disposal of snow and ice containing Geological Survey, except for excavations for deicing chemicals brought in from outside the district. building foundations, roads, or utility works; 13. Storage of commercial fertilizers, as defined in G.L. c. 128, § 64, unless such storage is within a structure designed k. Discharge to the ground of non-sanitary to prevent the generation and escape of contaminated wastewater including industrial and commercial runoff or leachate. process waste water, except: 14. The rendering impervious of greater than 15% or 1) the replacement or repair of an 2,500 square feet of any lot, whichever is greater, except existing treatment works that will not result in under the special permit provisions of Subsection C below. 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 contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); 3) publicly owned treatment works; l. Stockpiling and disposal of snow and ice containing deicing chemicals brought in from outside the district; m. Storage of commercial fertilizers, as defined in M.G.L. c. 128, §64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 175 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 n. The rendering impervious of greater than fifteen percent (15%) or two thousand five hundred (2,500) square feet of any lot, whichever is greater except under the provisions of subsection 8323 c.

8323. Uses and Activities Requiring a Special Permit. 5.6.3 C. Uses and Activities Requiring a Special Permit in the The following uses and activities are permitted only Groundwater Protection District. The following uses and upon the issuance of a Special Permit by the Special activities are permitted in the Groundwater Protection Permit Granting Authority (SPGA) under such District only upon the issuance of a special permit by the conditions as they may require: Planning Board who may impose conditions to ensure a. Enlargement or alteration of existing uses that compliance with Section 5.6. do not conform to the Groundwater Protection 1. Enlargement or alteration of existing uses that do not District; conform to the Groundwater Protection District. 2. Activities that involve the handling of toxic or b. Those activities that involve the handling of hazardous materials in quantities greater than those toxic or hazardous materials in quantities greater associated with normal household use, permitted in the than those associated with normal household use, underlying zoning (except as prohibited under Subsection B permitted in the underlying zoning (except as above). These activities shall require a special permit to prohibited under Section 8322). Such activities prevent contamination of groundwater. shall require a special permit to prevent 3. A system of storm water management and artificial contamination of groundwater; recharge of precipitation must be designed, and approved by c. A system of storm water management and the Planning Board to: prevent untreated discharges to artificial recharge of precipitation must be wetland and surface water; preserve hydrologic conditions designed, and approved by the SPGA, to: prevent that closely resemble pre-development conditions; reduce or untreated discharges to wetland and surface prevent flooding by managing peak discharges and volumes water; preserve hydrologic conditions that closely of runoff; minimize erosion and sedimentation; not result in resemble pre-development conditions; reduce or significant degradation of groundwater; reduce suspended prevent flooding by managing peak discharges solids and other pollutants to improve water quality and and volumes of runoff; minimize erosion and provide increased protection of sensitive natural resources. sedimentation; not result in significant These standards may be met using the following or similar degradation of groundwater; reduce suspended best management practices: solids and other pollutants to improve water a. For lots occupied, or proposed to be occupied, by Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 176 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 quality and provide increased protection of single- or two-family residences, recharge shall be attained sensitive natural resources. These standards may through site design that incorporates natural drainage be met using the following or similar best patterns and vegetation in order to maintain pre- management practices: development stormwater patterns and water quality to the 1) For lots occupied, or proposed to greatest extent possible. Stormwater runoff from rooftops, be occupied, by single or two family driveways and other impervious surfaces shall be routed residences, recharge shall be attained through through grassed water-quality swales, as sheet flow over site design that incorporates natural drainage lawn areas, or into constructed stormwater wetlands, sand patterns and vegetation in order to maintain filters, organic filters and/or similar systems capable of pre-development stormwater patterns and removing nitrogen from stormwater. water quality to the greatest extent possible. b. For lots occupied, or proposed to be occupied by Stormwater runoff from rooftops, driveways other uses, a stormwater management plan shall be and other impervious surfaces shall be routed developed which provides for the artificial recharge of through grassed water-quality swales, as precipitation to groundwater through site design that sheet flow over lawn areas, or into incorporates natural drainage patterns and vegetation, and constructed stormwater wetlands, sand through the use of constructed (stormwater) wetlands, wet filters, organic filters and/or similar systems (detention) ponds, water quality swales, sand filters, organic capable of removing nitrogen from filters, or similar site-appropriate best management practices stormwater; capable of removing nitrogen and other contaminants from stormwater. The stormwater management plan shall meet 2) For lots occupied, or proposed to the Stormwater Management Standards and technical be occupied by other uses, a stormwater guidance contained in the most recent version of the management plan shall be developed which Massachusetts Department of Environmental Protection’s provides for the artificial recharge of Stormwater Management Handbook, for the type of use precipitation to groundwater through site proposed, and the soil types present on the site. Such runoff design that incorporates natural drainage shall not be discharged directly to rivers, streams, and other patterns and vegetation, and through the use surface water bodies, wetlands, or vernal pools. Dry wells of constructed (stormwater) wetlands, wet shall be prohibited. (detention) ponds, water quality swales, sand c. Except when used for roof runoff from non- filters, organic filters, or similar site- galvanized roofs, all infiltration facilities (including wetlands, appropriate best management practices ponds, and swales) shall be preceded by oil, grease and capable of removing nitrogen and other sediment traps or other best management practices to contaminants from stormwater. The facilitate control of hazardous materials spills and removal of stormwater management plan shall meet the Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 177 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Stormwater Management Standards and contamination, and to avoid sedimentation of treatment and technical guidance contained in the most leaching facilities. recent version of the Massachusetts d. All artificial recharge systems shall be maintained in Department of Environmental Protection’s full working order by the owner(s), under the provisions of Stormwater Management Handbook, for the an operations and maintenance plan approved by the type of use proposed, and the soil types Planning Board to ensure that systems function as designed. present on the site. Such runoff shall not be Artificial recharge systems shall be located at least 100 feet discharged directly to rivers, streams, and from drinking water wells. Any infiltration basins or trenches other surface water bodies, wetlands, or shall be constructed with a minimum separation of 3 feet vernal pools. Dry wells shall be prohibited; between the bottom of the structure and maximum 3) Except when used for roof runoff groundwater elevation. The Planning Board may allow for a from non-galvanized roofs, all infiltration reduction of this separation based upon the submittal of facilities (including wetlands, ponds, and sufficient information so long as it would not exceed the swales) shall be preceded by oil, grease and requirements of the Department of Environmental sediment traps or other best management Protection’s Stormwater Management Policy in effect at the practices to facilitate control of hazardous time of the application. materials spills and removal of contamination, D. Prohibited Uses in the SBDA Plume Area District. and to avoid sedimentation of treatment and leaching facilities; The following additional activities and uses are prohibited in the SBDA Plume Area district; except if performed by or on 4) All artificial recharge systems shall behalf EPA or MassDEP pursuant to CERCLA or Chapter 21E, be maintained in full working order by the the Performing Parties as required pursuant to the Consent owner(s), under the provisions of an Decree, or the operator of the existing solar energy facility as operations and maintenance plan approved permitted by MassDEP: by the SPGA, to ensure that systems function 1. Extraction, consumption or utilization of groundwater as designed. Artificial recharge systems shall for any purpose, including without limitation extraction for be located at least one hundred (100) feet potable, industrial, irrigation or agricultural use. from drinking water wells. Any infiltration 2. Construction of groundwater infiltration and/or basins or trenches shall be constructed with a injection structures for storm water and surface water three (3) foot minimum separation between management. the bottom of the structure and maximum 3. Any activity or use which would interfere with, or groundwater elevation. The Planning Board would be reasonably likely to interfere with, systems and may allow for a reduction of this separation studies to monitor implementation of the CERCLA Selected based upon the submittal of sufficient Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 178 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 information so long as it would not exceed the Remedy for the Site, or to provide long-term environmental requirements of the Department of monitoring of on-site groundwater including all monitoring Environmental Protection’s Stormwater wells. Management Policy in effect at the time of E. Uses and Activities Requiring a Special Permit in the the application. SBDA Buffer Zone District. The following uses and activities are permitted in the SBDA Buffer Zone, only upon the issuance of a Special Permit by the Special Permit Granting Authority (SPGA) under such conditions as they may require: 1. Extraction, consumption or utilization of groundwater for any purpose, including without limitation extraction for potable, industrial, irrigation or agricultural use. 2. Construction of groundwater infiltration and/or injection structures for storm water and surface water management. 8330. Administrative Procedures. 5.6.4. Administrative Procedures 8331. The Special Permit Granting Authority (SPGA) under this bylaw shall be the Planning A. The special permit granting authority under this Board. Such special permit shall be granted if the Section 5.6 shall be the Planning Board. Submission SPGA determines, in conjunction with the Board requirements shall be in accordance with the Planning of Health, the Conservation Commission, and the Board’s Rules and Regulations and Section 3.5 of this Bylaw. Department of Public Works that the intent of this bylaw, as well as its specific criteria, are met. The 1. The Planning Board shall require any person applying for a SPGA shall not grant a special permit under this Special Permit for activities in the SBDA Buffer Zone district section unless the petitioner's application to submit a duplicate of such application to EPA Region 1 (to materials include, in the SPGA's opinion, the attention of the Project Manager for Sutton Brook sufficiently detailed, definite, and credible Disposal Area Superfund Site, Massachusetts Superfund information to support positive findings in Section), with a copy to MassDEP (to the attention of the relation to the standards given in this section. Bureau of Waste Site Cleanup-Boston, Federal Sites Program) The SPGA shall document the basis for any 30 days in advance of filing such application and to include a departures from the recommendations of the written, dated acknowledgement of receipt from each other town boards or agencies in its decision. agency. The Planning Board shall not consider any such application to be complete for purposes of review without 8332. Upon receipt of the special permit such acknowledgement. application, the SPGA shall transmit one copy Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 179 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 each to the Board of Health, the Conservation 2. EPA, after a reasonable opportunity for MassDEP review Commission, Fire Department, Police and comment, will then submit a letter to the Planning Board Department, Building Commissioner, Town for consideration prior to the end of the 35 days referenced Manager, Planning Board and Town Department in subsection 5.6.4.B. of Public Works for their written recommendations. The necessary number of copies of the application shall be furnished by the B. Upon receipt of the special permit application, the applicant. Each agency listed shall, within forty- Planning Board shall transmit one copy each to the Board of five (45) days after the plan is filed, report to the Health, the Conservation Commission, Fire Department, SPGA, in writing, their approval or disapproval of Police Department, Building Commissioner, Town Manager, the subject application: Planning Board and Department of Public Works for their a. In the event of disapproval, the agencies written recommendations. Each agency listed shall, within 35 shall make specific findings and reasons days after the plan is filed, report to the Planning Board, in therefore, and, where possible, shall make writing, their approval or disapproval of the subject recommendations for the adjustment thereof; application. In the event of disapproval, the agencies shall make specific findings and reasons therefore, and, where b. Failure to respond in writing within 45 days possible, shall make recommendations for the adjustment of receipt shall indicate approval or no desire thereof. to comment by said agency. 8333. The SPGA may grant the required special C. The Planning Board may grant a special permit if it permit only upon finding that the proposed use determines, in conjunction with the Board of Health, the meets the following standards, those specified in Conservation Commission, and the Department of Public Section 8320 of this bylaw, and any regulations or Works, that the requirements of this Section 5.6 are met, guidelines adopted by the SPGA. The proposed provided that the Board finds that the proposed use meets use must: the following standards, those specified in Section 5.6.3, and any regulations or guidelines adopted by the Board. The a. In no way, during construction or proposed use must: thereafter, adversely affect the existing or 1. In no way, during construction or thereafter, potential quality of quantity of water that is adversely affect the existing or potential quality of quantity available in the Groundwater Protection of water that is available in the Groundwater Protection District; and District; and, b. Be designed to avoid substantial 2. Be designed to avoid substantial disturbance of the disturbance of the soils, topography, drainage, soils, topography, drainage, vegetation, and other water-

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 180 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 vegetation, and other water-related natural related natural characteristics of the site to be developed. characteristics of the site to be developed. D. The Planning Board shall not grant a special permit 8334. The SPGA may adopt regulations to govern under this Section 5.6 unless the petitioner's application design features of projects. Such regulations shall materials include, in the Board's opinion, sufficiently be consistent with special permit regulations detailed, definite, and credible information to support adopted by the municipality. positive findings in relation to the standards given in this section. The Planning Board shall document the basis for any 8335. The applicant shall file 16 copies of a site departures from the recommendations of the other Town plan and attachments with the Department of boards or agencies in its decision. Community Development. The site plan shall be E. For those activities or uses proposed in the SBDA drawn at a proper scale as determined by the Buffer Zone district, in addition to the requirements set forth SPGA and be stamped by a professional engineer. above, each application shall include the following: All additional submittals shall be prepared by 1. an evaluation by an appropriately trained and qualified professionals. The site plan and its licensed professional of the impact of any proposed attachments shall at a minimum include the extraction or infiltration of groundwater to demonstrate that following information where pertinent: it would not substantially alter the then existing a. A complete list of chemicals, pesticides, groundwater elevation contours (zone of influence and/or herbicides, fertilizers, fuels, and other groundwater mounding) or the then existing boundary of the potentially hazardous materials to be used or SBDA Plume Area, and stored on the premises in quantities greater 2. sampling and analysis by an appropriately trained and than those associated with normal household licensed professional of any groundwater proposed for use; extraction as necessary to demonstrate that use of such groundwater for its intended purpose would not violate any b. For those activities using or storing such applicable health or safety requirement. hazardous materials, a hazardous materials [pp. 42-47] management plan shall be prepared and filed with the Director of Emergency Management, Fire Chief, 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,

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 181 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 leakage, or vandalism, including spill containment and clean-up 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. 8336. The SPGA shall hold a hearing, in conformity with the provision of MGL Chapter 40A, Section 9, within 65 days after the filing of the application and after the review by the Town Boards, Departments, and Commissions. Notice of the public hearing shall be given by publication and posting and by first-class mailings to "parties of interest" as defined in MGL Chapter 40A, §11. The decision of the SPGA and any extension, modification, or renewal thereof shall be filed with the SPGA and Town Clerk within 90 days following the closing of the public hearing. Failure of the SPGA to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 182 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 required by §11. 8337. Written notice of any violations of this Section shall be given by the Building Commissioner to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. 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 Building Inspector, the Board of Health, Conservation Commission, Town Engineer/Department of Public Works, and Water Department. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises. 8340. Severability. A determination that any portion or provision of this overlay protection district is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.

8400 INTERSTATE OVERLAY DISTRICT 5.8 INTERSTATE OVERLAY DISTRICT

8401. Purpose. The purpose of this Overlay 5.8.1. Purpose District is to provide for the controlled development The purpose of the Interstate Overlay District is to provide and utilization of those portions of land located for the controlled development and utilization of those within the Town of Tewksbury that are intersected by portions of land located within the Town of Tewksbury that

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 183 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 roadways that are part of the Federal Interstate are intersected by roadways that are part of the Federal Highway System. Interstate Highway System.

8402. Scope of Authority. The Interstate Overlay 5.8.2. Scope of Authority District is an overlay district that may be A. The Interstate Overlay District is an overlay district superimposed on all Heavy Industrial (HI) and that may be superimposed on the Industrial and General Commercial (COM) zoning districts. All uses permitted Business Districts. All uses permitted or allowed by special in the underlying Heavy Industrial (HI) and permit in the underlying districts shall be allowed in the Commercial (COM) Districts shall be allowed in the Interstate Overlay District. Interstate Overlay District as further described in B. The following additional uses shall also be allowed in Appendix A: Table of Use Regulations subject to said the Interstate Overlay District by special permit from the existing by-right and special permit requirements. Planning Board: The following additional uses shall also be allowed in 1. Automotive Refueling Station and accessory uses the Interstate Overlay District upon the issuance of a incidental thereto. Special Permit from the Planning Board: (a) 2. Car Wash. Automotive Refueling Station and accessory uses 3. Motor Vehicle Rental or Leasing Agencies, as an incidental thereto; (b) Car Wash; and, (c) Motor accessory use only. Vehicle Rental or Leasing Agencies, as an accessory C. Limitations. The Planning Board may approve use only. pursuant to this Section 5.8 not more than one additional special permit for the operation of an automotive refueling In implementing the provisions of Section 8400, the station during any subsequent calendar year, January 1 – Planning Board may approve pursuant to the December 31. Approvals shall be in addition to those provisions of Section 8400, not more than one (1) automotive refueling stations (a/k/a gas stations) existing on additional Special Permit for the operation of an the effective date of this Zoning Bylaw that are authorized by Automotive Refueling Station during any subsequent special permit or do otherwise exist on said date as a lawfully calendar year, January 1 – December 31. Such preexisting nonconforming use. This limitation shall not be approvals shall be in addition to those Automotive deemed to impair or prevent the renewal of any license, Refueling Stations (a/k/a Gas Stations) existing on the special permit, or other governmental approval necessary to effective date of this Zoning Bylaw that are operate and maintain an automotive refueling station use authorized by Special Permit or do otherwise exist on granted prior to the effective date of this Section 5.8. said date as an authorized grand-fathered use. The establishment of this limitation shall not be deemed to impair or prevent the renewal of any license,

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 184 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 special permit, or other governmental approval necessary to operate and maintain an Automotive Refueling Station use granted prior to the effective date of Section 8400. Location 8410. Location. The Interstate Overlay District shall 5.8.3. The boundaries of the Interstate Overlay District shall be as be defined as follows: shown on the Zoning Map under Section 4.2.

1. That portion of the Town of Tewksbury (a) situated within a one half (½) mile radius of a circle, the radius point of which is the intersection of the Massachusetts Highway Department layout of Route Interstate Route 93 and Dascomb Road, in Andover.

2. That portion of the Town of Tewksbury situated within a one quarter (¼) mile radius of a circle, the radius point of which is the intersection of the Massachusetts Highway Department layout of Route 38 (Main Street) and Interstate Route 495.

3. That portion of the Town of Tewksbury situated within a one half (1/2) mile radius of a circle, the radius point of which is the intersection of Massachusetts Highway Department layout of Interstate Route 495 and Woburn Street, in Lowell, with frontage on Woburn Street, with westerly side line of Woburn Street in Tewksbury.

4. That portion of the Town of Tewksbury shown on the attached Map, which is an

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 185 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 extension of the overlay described in 8410.2 above, near the intersection of Routes 38 and 495. In this portion of the overlay, the overlay district may be superimposed on the Commercial (COM) District land with frontage on Main Street.

8411. In the event that the location of a boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a Special Permit application to the Special Permit Granting Authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation

8420. Dimensional Regulations. 5.8.4. Dimensional Regulations Dimensional Regulations. All dimensional regulations in the 8421. Dimensional Regulations. All dimensional Interstate Overlay District shall be in accordance with the regulations in the Interstate Overlay District shall regulations of the underlying district(s). be in accordance with the provisions of Section 4000, Dimensional Regulations and Appendix B.

8430. General Regulations 5.8.5. General Regulations Parking and loading, signs, and landscaping and screening 8431. Parking and Loading Requirements. shall be in accordance with the requirements of the Parking and loading requirements shall underlying districts. be in accordance with the provisions of Section 5100 and Appendix C.

8432. Signs. Sign requirements shall be in accordance with the provisions of Section 5200.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 186 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 8433. Environmental Performance Standards. Environmental Performance Standards shall be in accordance with the provisions of Section 5300.

8440. Landscaping, Screening and Buffer Requirements

8441. All landscaping, screening and buffer Requirements in the Interstate Overlay District shall be in accordance with the provisions of Section 5400, Landscaping, Screening and Buffer Requirements.

8450. Site Design 5.8.6. Special Site Design Considerations Applicants requesting to sell diesel fuel shall provide site 8451. Applicants requesting to sell diesel fuel design and sign standards that are designed to deter and shall provide: exclude sale of diesel fuel to tractor trailers in combination, Site design and signage standards including including but not limited to low canopies and slow rate but not limited to: low canopies and slow rate pumps for the sale of diesel fuel, “No Tractor Trailer Service” pumps for the sale of diesel fuel, “No Tractor signs, and on-site landscaping and parking, as approved by Trailer Service” signs, and on site landscaping the Planning Board. and parking designed to deter and exclude sale of diesel fuel to tractor trailers in [pp.50-51] combination, as approved by the Planning Board. [pp. 91, 92]

8500 HIGHWAY CORRIDOR OVERLAY DISTRICT DELETED IN ITS ENTIRETY [pp. 92-105] 8600 TOWN CENTER OVERLAY DISTRICT TOWN CENTER DISTRICT 8601. Purpose: The purposes of the Town Center 5.2.2.A Town Center (TC). The Town Center is the civic, social, Overlay District (TCOD) are to: cultural, and governmental hub of the Town. Development

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 187 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 a) encourage a mix of business, residential, cultural, here is intended to respect and enhance the historic educational and civic uses; architectural fabric of the Town Center, to provide a high b) promote compact development that is quality of goods and services, particularly specialty goods, pedestrian-oriented and preserves the historic and to encourage shopping, socializing, and lingering in the value and character of the area; district. c) minimize impacts on public services and maximize [pp.31] the efficient use of public infrastructure; d) increase the town’s tax base by creating a thriving small business environment, attracting new investment and promoting economic development; e) provide diverse housing opportunities; and f) encourage the reuse of existing underutilized or vacant properties. The following bylaw is intended to support the goals, objectives and recommendations outlined in the Town’s Master Plan, and the Town of Tewksbury Affordable Housing Plan and Housing Production Strategy. Applications submitted under the TCOD bylaw shall meet the criteria and guidelines outlined in the corresponding Town Center Design Guidelines. [p. 105] 8602. Boundaries. The boundaries of the TCOD shall 4.2 Zoning Map be as shown on the Town of Tewksbury Town Center [p.29] Overlay Zoning Map, on file in the office of the Town Clerk. [p. 105] 8603. Relationship to Existing Zoning. The underlying (Not applicable as the Town Center District is an underlying zoning shall remain an integral part of the Tewksbury district.) Zoning Bylaw and is not modified, repealed nor amended by this section. The property owners in this overlay district shall possess all current zoning rights including by-right uses for the underlying districts and

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 188 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 be subject to the requirements applicable in the underlying zones when utilizing the uses allowed in the underlying district. In the event that an owner desires to use the owner’s property for development as here defined, the regulations of this overlay district shall apply and by filing an application for development subject to such regulations, the owner accepts and is bound by such regulations. Municipal Zoned properties located within the TCOD are not eligible to apply for a permit under the provisions of the TCOD. Where this overlay district’s provisions are silent on a zoning rule, the requirements of the underlying zoning shall apply to such as, but not limited to, off street parking and open space requirements. In addition, projects allowed under the underlying zoning are not eligible to apply under this overlay district unless they meet all of the requirements of this overlay district. [p. 105]

8604. Use Regulations and Definitions. The following 5.4.3 Table of Uses (Appendix A) uses are allowed in the TCOD subject to the [p.38] requirements outlined in these TCOD regulations, and provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained: 1. Residential Uses (as a component of a mixed-use development): a. Multifamily b. Artist Lofts: All or a portion of a building that has been converted into an artist’s workspace and living area. c. Assisted living facilities 2. Government, Institutional and Public Service Uses: Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 189 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 a. Municipal b. Educational c. Religious d. Post Office e. Recreation 3. Business Uses a. Retail Store, not exceeding 7,500 sq. ft. of gross floor area per individual establishment. b. Professional Offices, not exceeding 10,000 sq. ft. of gross floor area per individual office establishment c. Financial Services/Bank d. Restaurant, fast food, general or limited service, not exceeding 4,000 sq. ft. of gross floor area. The square footage requirement does not include a patio or outdoor seating area operated in connection with an indoor-service restaurant e. Hotel, Inn f. Bed and Breakfast g. Lodge or Club (Membership) h. Personal Services i. Artist or Craftsman Studio: Commercial space utilized to create, design, and fabricate paintings, sculptures, statues, photography, furniture and similar art forms. j. Commercial Recreation, Indoor k. Parking Facility: A public or private parking area or structure that is open to shelter or storage of motor vehicles by residents, customers and employees for permitted uses in the TCOD. l. Day Care Facility m. Performance Theater: A building or structure designed for theatrical and other staged

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 190 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 entertainment services. n. Museum: A depository for collecting and displaying objects having scientific, historical or artistic value for the purposes of education, study and enjoyment. o. Art Gallery: A room or series of rooms where works of art are exhibited. 4. Mixed use development: A single building with the ground floor used primarily for retail, commercial, service or office and the upper floor(s) used for residential use or a building or buildings, used for retail, commercial, service or office, with residential housing in a separate building or buildings. [pp. 105-106] 8605. Prohibited Uses. Any use not listed above is to 5.4.2 Prohibited Uses be considered prohibited. Drive through services and [pp.37-38] windows, and Adult Use Establishments are not allowed for any use in the TCOD district. [p. 106] 8606. Site Plan Special Permit. All uses and structures 6.4 TOWN CENTER DISTRICT DEVELOPMENT STANDARDS in the TCOD are subject to a Special Permit and Site Development in the Town Center District shall conform to Plan Special Permit from the Planning Board in the following building and site standards in order to be accordance with Sections 9300 and 9400 of the eligible for site plan approval under Section 3.6 or a special Zoning Bylaw. In addition to the requirements of permit from the Planning Board. These standards are these sections, all design criteria of the TCOD shall supplemental to, not a substitution for, the dimensional and apply as described in the Town Center Design design regulations in Section 5. Guidelines. The Planning Board shall be the Special Permit Granting Authority. C. Sidewalks [p. 106] 1. Except as provided below, any development of 10,000 square feet or more shall provide a sidewalk at least six feet wide and a planting zone along the full length of the

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 191 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 front lot line, except for the entrance to the driveway. Sidewalks may be located wholly or partially within the street right of way. If on the lot, sidewalks shall be considered part of the minimum required landscaped open space. 2. Sidewalks shall be separated from the road, wherever feasible, with a landscaped buffer/planting zone meeting the requirements of Section E(1) below. The landscaped buffer may contain street design elements such as benches. 3. Outdoor restaurants and café seating, merchandise displays, planters, and sandwich board signs that are located on the sidewalk shall be located no more than 3 feet from the building and shall leave a pathway of at least 4 feet that is free of obstruction. 4. A development of less than 10,000 square feet may provide a sidewalk meeting the minimum specifications of this section or provide a payment in lieu of sidewalk construction to the Tewksbury Sidewalk Fund. 5. In its discretion, the Planning Board may authorize a payment in lieu by special permit for a development of 10,000 square feet or more where construction of a sidewalk is infeasible for physical or economic reasons. The burden of proof shall be on the applicant. D. Walkways 1. All developments shall provide walkways connecting building entrances to building entrances, buildings to streets, and buildings to sidewalks and adjacent public features such as parks and playgrounds, with minimal interruption by driveways or curb cuts. 2. Parking lot aisles and access and interior driveways shall not count as walkways. Walkways should be designed with wider gathering points that may

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 192 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 include special features such as water elements or public art. The Planning Board may require benches and other places for people to wait, bicycle racks, stroller bays, and other sheltered spaces near building entrances. 3. Wherever possible, walkways should have some degree of enclosure achieved through the use of building fronts, trees, low hedges, arcades, trellised walks, or other means in order to define the pedestrian space. 4. Walkways and related pedestrian amenities shall be considered part of the minimum required landscaped open space. E. Landscaping 1. There shall be a minimum planting zone of four feet between the sidewalk in front of a building and the curb. Shade trees and other plantings shall be incorporated in the landscaping plan to help to soften the building façade, create a protective barrier between the street and sidewalk, reduce solar glare, reduce stormwater runoff, absorb pollutants, provide shade, create an appealing environment, and contribute to a sense of place. Selection of shade trees and street trees shall conform to Planning Board guidelines. Landscaping shall be organized in clusters of plantings rather than in a rigid linear arrangement along the front lot line. 2. Wherever possible, unity of landscape design shall be achieved by repetition of certain plant varieties and other materials and, where appropriate, by correlation with adjacent properties. 3. Side yards and rear yards shall be landscaped with trees, shrubs, walls, fences, or other landscape

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 193 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 elements to reduce the visual impact of the principal use on adjacent property. On lots abutting a single- family residential district, landscaping shall consist of a substantially sight-impervious screen of evergreen foliage at least eight feet in height or planting of shrubs and trees complemented by a sight- impervious fence of at least five feet, but not more than eight feet, in height, or such other type of landscaping as may be required by the Planning Board. 4. Wherever possible, existing trees and mature, healthy vegetation shall be preserved and changes to the natural topography of a site shall be minimized. 5. Site landscaping shall not block a driver’s view of oncoming traffic. F. Exterior Lighting. Throughout the TC District, the goal of an exterior lighting plan shall be to light sidewalks and walkways, building entrances, and parking areas in a consistent, attractive, safe, and unobtrusive manner that minimizes off-site impacts. Toward these ends, exterior lighting shall conform to the following standards, and shall be in accordance with a lighting plan approved by the Planning Board. 1. Pedestrian Lighting a. Pedestrian lighting shall be designed to add to the character, aesthetic appeal, and safety of a development and thereby promote greater pedestrian activity. b. Pedestrian lighting shall use consistent fixtures, source colors, and illumination levels. To prevent glare and light pollution, light fixtures shall be downcast or full cutoff fixtures. c. When pedestrian lighting is used in conjunction with

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 194 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 street lighting, the pedestrian lighting shall be clearly distinguishable from the ambient street lighting to clearly define the pedestrian path of travel. d. Placement of fixtures shall facilitate uniform light levels and work with the placement of sidewalks, landscaping, signage, building entries, and other features to contribute to the overall continuity of the streetscape and development. The Planning Board prefers the use of a greater number of low fixtures in a well-organized pattern over the use of minimum number of tall fixtures. 2. Parking Areas a. Within parking areas, there shall be a unified lighting system that provides functional, attractive lighting throughout the lot. b. Fixtures shall be full cutoff and designed to minimize spill light and glare onto adjacent properties. Parking area lighting adjacent to residential districts shall direct the light away from residential properties and limit off-site light levels. c. Parking area lighting shall be turned off one hour after the close of business except as needed to provide for minimum security levels. d. Parking area lighting shall complement the lighting of adjacent streets and properties and shall use consistent fixtures, source colors, and illumination levels. When adjacent to pedestrian circulation and gathering areas, parking area lighting shall not overpower the quality of pedestrian area lighting. G. Access and Parking 1. No vehicular driveway or parking lot shall be placed between the front building line and front lot line, or in front of a building as seen from the street if

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 195 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 the building is located on a different lot than the driveway or parking lot. A driveway and parking lot may be placed in the front of a building that is located in the rear of another building when viewed from a street. No driveway or parking lot shall be located between a pedestrian gathering space and a street except for a pedestrian gathering space located behind a building when viewed from a street. No driveway or parking lot shall intersect or be mixed with a pedestrian gathering space. 2. Vehicular driveways and parking lots may be located to the side and rear of buildings, to the rear of a pedestrian gathering space, or underground. Where parking is located to the rear of buildings with additional buildings behind, a quadrangle effect should be created to allow parking, landscaping, and walkways or bikeways surrounded on all sides by shops and activity centers. H. Buildings 1. On any lot abutting Route 38/Main Street the main entrance shall be on the front façade, which shall face the street. 2. Blank walls facing a public street or pedestrian plaza are prohibited. Walls or portions of walls where windows are not provided should have architectural treatment, exceptional design elements such as masonry elements that provide texture and color, decorative tile work, artwork, opaque or translucent glass, or lighting fixtures. 3. Rooflines shall provide visual interest, be in keeping with the surrounding character, and be used to break up massing wherever appropriate. When the gable end of a building faces the street, it must be

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 196 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 peaked and not flat. Modulating rooflines is encouraged, such as with dormers, varying the direction of the slope, having different projecting architectural elements, or using a variety of exterior cladding materials. 4. The building front facades shall be articulated to achieve a human scale and interest, especially at the ground floor of the building. The application of different textures, shadow lines, and detailing shall be required for site plan approval. 5. Upper-story exteriors shall be accentuated with balconies, terraces, or porches to provide depth to the building and enliven the façade. 6. The ground floor of the front of buildings facing the street shall be designed for occupancy by businesses that are essential for a high-level activity zone, e.g., retail and restaurants. Large buildings that face Main Street but are set back via a courtyard may have a wider variety of ground floor nonresidential uses, such as commercial entertainment, health care, or business services. 7. The main business entrance to each ground floor business, identified by larger doors, signs, canopy, or similar means of accentuation, shall be from the building front. 8. Ground floor display windows shall be framed on all sides by the surrounding wall and shall be highlighted with frames, lintels, and sills or equivalent trim features, or may instead be recessed into the wall or projected from the wall. 9. The main features of the architectural treatment of the building front facades, including the materials used, shall continue on all sides of the

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 197 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 building that are visible from a street or a pedestrian gathering space. 10. Accessory structures, air conditioning equipment, electric utility boxes, satellite dishes, trash receptacles, and other ground level utilities shall not be visible from the street and adjacent lots. 11. Rooftop mechanical equipment shall be screened from public view by the use of architecturally compatible materials. 12. Applicants shall incorporate sustainable design principles wherever possible. 13. Where first-floor residential uses are allowed, access to the units shall be via a stoop or porch unless such access conflicts with architectural access requirements in the State Building Code. An elevated entrance shall not be required for live/work units. I. Additional Requirements for Town Center Major Developments 1. Pedestrian Gathering Spaces. Any development of 25,000 square feet or more shall provide one or more pedestrian plazas or similar gathering spaces for outdoor dining, public art, or social or cultural activities. The purpose of pedestrian gathering spaces is to encourage residents, customers, and employees of Route 38 businesses to linger, shop, and socialize, and to experience the commercial corridor on foot wherever possible. Pedestrian gathering spaces shall be open to the general public. a. The pedestrian gathering space (or combined spaces if more than one) shall measure at least 5 percent of the net floor area on the lot, but not more than a total of 2,500 square feet and shall be

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 198 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 required. At least one pedestrian gathering space shall measure 1,500 square feet or more with a minimum side dimension of 20 feet. No pedestrian gathering space shall measure more than 3,000 square feet. The Planning Board may grant a special permit for a smaller pedestrian gathering space if it meets the purposes of this Section. b. The pedestrian gathering space shall be a natural gathering spot at the street level in front of a building, on the side of a building, or in between buildings, which is to be used exclusively by pedestrians and shall connect to the sidewalk and walkways. For purposes of this Section, a landscaped pedestrian arcade located within a building footprint and open to the outdoors may be counted toward the minimum area required for a pedestrian gathering space. c. Where possible, the pedestrian gathering space shall be open on one side to an adjacent larger space, natural view, or activity area such as an outdoor cafe, coffee cart, food stand, game tables, or playground. Within the pedestrian gathering space, at least one seating area or activity pocket shall be placed along the edge of the space looking into the plaza. The pedestrian gathering space shall provide pedestrian amenities such as benches, kiosks, and other partly enclosed outdoor structures to facilitate waiting or group activities. For a gathering space with sitting walls, they shall be no higher than 20 inches and at least 12 inches wide. Creativity is encouraged in the design of the pedestrian gathering space and the activities it supports. Efforts should be made to align open spaces with adjoining properties.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 199 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 d. Shade trees, ornamental trees, and other landscaping shall be included to provide shelter from the sun, to reduce noise, to beautify/enhance the appearance of the district, and to mitigate exhaust fumes. All landscaping shall use species that are tolerant to the climate conditions in Tewksbury and shall be designed to facilitate ongoing maintenance and watering. e. Nothing in this Bylaw shall prohibit the serving of foods and drinks at outdoor tables in a pedestrian gathering space. f. A pedestrian gathering space shall be considered part of the minimum required landscaped open space. The area required for a sidewalk shall not be included in the pedestrian gathering space.

[pp.72-77]

8607. Concept Plan. Prior to the application for approval of any special permit for a TCOD, a preliminary plan called for purposes of this Section 8600 a "Concept Plan", shall be filed for review with the Planning Board. The submitted Plan shall be consistent with the provisions of this TCOD and shall include: (a) a site development plan showing the location and footprint(s) of all proposed buildings, changes in grading and topography, parking, landscaping, roads, walkways and access ways, open space, and wetlands; (b) a utilities plan showing the proposed location and types of water, wastewater and stormwater facilities, including hydrants; (c) a lighting plan; (d) a sign plan; and, (e) subdivision plan(s), if applicable. The Planning Board may solicit

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 200 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 public comment on the Concept Plan. Any comments of the Planning Board on the Concept Plan shall be advisory in nature only and shall be without binding effect on either the Planning Board or the Applicant.

To attain the goals of the TCOD, collaborative development proposals involving more than one property owner are encouraged where appropriate. In such cases, it is recommended that a Combined Concept Plan be submitted to the Planning Board with the initial project application, detailing the specific elements of the proposed project, outlining the impacts of the overall project, and identifying responsibilities of each property owner. The Combined Concept Plan should describe: the uses proposed, the layout and size of the project, potential impacts to the environment, access and transportation impacts, water and sewer needs, and economic impacts. The Planning Board encourages creative and collaborative efforts promoting the Purpose and the Design Guidelines of TCOD, such as, but not limited to: shared and off-site parking, pedestrian walkways, lighting and other such amenities.

6.4 A. Setbacks 8608. Dimensional Requirements. 1. No use or activity other than landscaping, outdoor Buildings within the TCOD shall conform to the dining, public art, sidewalks, seating, street furniture, following requirements: multiuse paths, or signs shall be permitted between the front building line and the curb. Off-street parking shall not be

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 201 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Minimum Lot Area 10,000 square feet allowed except by special permit from the Planning Board Minimum Frontage 50 feet Minimum Front Yard Setback 10 feet and no special permit shall be granted except for lots with Minimum Side Yard Setbacks Combined- 10 feet less than 100 feet of frontage. Minimum Side Yard Setback abutting a residential district 50 feet 2. The maximum front setback may be increased to Minimum Rear Setback 15 feet Minimum Rear Setback accommodate amenities such as a plaza, square, courtyard, when abutting a residential recessed entrance, sidewalk, multi-use path, raised terrace, t 50 feet Maximum Building Height 3 stories or 45 feet façade offsets, or outdoor dining, but not for automobile [pp.106-107] use. 3. Permitted Encroachments a. Low impact stormwater management features may encroach into the first four feet of a required setback. The features may include but are not limited to: rain barrels or cisterns, six feet or less in height; planter boxes; bioretention areas; or similar features with approval from the Planning Board.

b. Porches, stoops, balconies, marquees, arcades, awnings/canopies, building eaves, roof overhangs, gutters, downspouts, light shelves, and bay windows may encroach up to 2 feet into a required setback. c. Structures below and covered by the ground may encroach into a required setback. B. Height 1. The maximum height limits in Section 5.3.3 do not apply to spires, belfries, cupolas, domes not intended for human occupancy; monuments, water tanks/towers or other similar structures which, by design or function, must exceed the established height limits. 2. The following accessory structures may exceed the height limit by not more than five feet: a. Chimney, flue or vent stack, spire, smokestack, water tank, windmill;

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 202 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 b. Rooftop deck, patio, shade structure; c. Monument, steeple, flagpole; d. Accessory radio or television antenna, relay tower; e. Transmission pole, tower or cable; f. Garden, landscaping; g. Skylight; h. Cupola, clock tower, or decorative tower not exceeding 20 percent of the principal building footprint; or, i. Solar panel, wind turbine, rainwater collection system. 3. The following accessory structures may exceed the height limit by not more than 10 feet, provided: (1) they do not occupy more than 25 percent of the roof area; and, (2) are set back at least 10 feet from the edge of the roof. a. Elevator or stairway access to roof; b. Greenhouse; and, c. Mechanical equipment. 4. An accessory structure located on the roof shall not be used for any purpose other than a use incidental to the principal use of the building. [pp.72-73] 8609. Special Provisions. The following special provisions apply to all development within the TCOD: 1. The Planning Board may modify all dimensional requirements outlined in Section 8608 and all square foot limitations as set forth in 8604.3, except Maximum Building Height of 3 stories or 45 feet, if, in its opinion, such modifications will result in improved design that is in keeping with Section 8601 above. Frontage and Access – The Planning Board may, as part of the special permit, reduce lot frontage for a development that provides consolidated or shared access to site access

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 203 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 as defined in paragraph 3 below, for two or more adjoining parcels, subject to a legally enforceable agreement or restriction in a form acceptable to Town Counsel and approved by the Planning Board.

2. Site access is preferred to be provided via Main Street, East Street or Pleasant Street in a fashion that is acceptable to the Planning Board and by means that are not primarily residential in nature. Site access by only; Dewey Street, Summer Street, Town Hall Avenue, Cross Street, Robinson Avenue, Cross Street, Kelley Terrace, and Lee Streets may be allowed by the Planning Board if it finds that said access does not unreasonably impact residential neighborhoods with consideration given for properly mitigated noise, traffic, visual and environmental impacts attributable to the project. [pp. 107, 108] 8610. Parking Requirements. The parking requirement for any use in the TCOD shall be the same as required in Appendix C: Table of Parking Requirements. The Planning Board may reduce the required number of parking spaces in the TCOD based on the following considerations: 1. The availability of shared parking on another property. The Board may require a shared parking agreement to be submitted as part of the application for development. 2. The availability of public transportation. [p. 108]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 204 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 8611. Criteria for Granting TCOD Special Permit. In addition to the Criteria and considerations for actions by the Planning Board in Sections 9300 and 9400 of the Zoning Bylaw, the Planning Board shall determine that the site proposal and density of uses on the proposal shall promote the Purposes of this TCOD bylaw and shall take into consideration the following: a. Social, economic or community needs which are served by the proposal; b. Traffic flow and safety, including parking and loading; c. Adequacy of utilities and other public services; d. Neighborhood character and social structures; e. Impacts on the natural environment; and f. Potential fiscal impact, including impact on town services, tax base, and employment. g. Protects adjoining premises by minimizing adverse effects on the natural environment; h. Provides for convenient and safe vehicular and pedestrian movement and that the locations of driveway openings are convenient and safe in relation to vehicular and pedestrian traffic circulation, including emergency vehicles, on or adjoining the site; i. Provides an adequate arrangement of parking and loading spaces in relation to the proposed uses of the premises; j. Provides adequate methods of disposal of refuse or other wastes resulting from the uses permitted on the site; Complies with all applicable requirements of this By- Law. [p. 108] Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 205 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021

8612. Special Permit Conditions The Planning Board may impose such conditions, safeguards and limitations as it deems appropriate to protect the neighborhood or the Town including, but not limited to: a. Dimensional requirements greater than the minimum required by this By-Law; b. Screening of parking areas or other parts of the premises from adjoining premises or from the street by specified walls, fences, plantings or other devices; c. Modification of the exterior features or appearances of the structure(s); d. Limitation of size, number of occupants, method and time of operation and extent of facilities; e. Regulation of number, design and location of access drives, drive-up windows and other traffic features; f. Requirement of off-street parking and other special features; g. Requirement for performance bonds or other security; and h. Installation and certification of mechanical or other devices to limit present or potential hazard to human health, safety, welfare or the environment resulting from smoke, odor, particulate matter, toxic matter, fire or explosive hazard, glare, noise, vibration or any other objectionable impact generated by any given use of land. [pp. 108, 109]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 206 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 8620 VILLAGE RESIDENTIAL OVERLAY DISTRICT

8621. Purpose: The purposes of the Village 5.2.1.D Village Residential (VR). The VR district is located in nodes Residential Overlay District (VROD) shall be the same along Main Street approaching the Town Center and around purposes as described in the 8601, Town Center other key intersections on Route 38. It is intended to Overlay District, in its entirety. accommodate a mix of uses, primarily residential, at a higher [p. 109] density than the Town allows in R40 single-family neighborhoods. The higher residential density in VR is designed to encourage compact neighborhoods close to goods and services and the Town Center, and to encourage new, higher-value mixed-use development in these locations. To promote high-quality architectural and site design in these compact neighborhoods, all principal uses except single-family and two-family dwellings require Site Plan Review with design review by the Planning Board. [p.30] 8622. Boundaries: The boundaries of the VROD shall 4.2 Zoning Map be as shown on the Town of Tewksbury Town Center [p.29] Overlay Map, on file at the office of the Town Clerk. [p. 109] 8623. Relationship to Existing Zoning: The (Not applicable as the Village Residential District is an relationship to existing zoning shall be the same as underlying district.) described in the Town Center Overlay District, in its entirety. [p. 109] 8624. Use Regulations and Definitions: The following 5.4.3 Table of Uses (Appendix A) uses are allowed in the VROD subject to the [p.38] requirements outlined in these VROD regulations, and provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

1. Residential Uses (as a component of a mixed-use Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 207 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 development): a. Multifamily b. Artist Lofts: All or a portion of a building that has been converted into an artist’s workspace and living area. c. Assisted living facilities

2. Government, Institutional and Public Service Uses: a. Municipal b. Educational c. Religious d. Public or Private Utility Facilities e. Post Office f. Recreation

3. Business Uses a. Retail Store, not exceeding 1,200 sq. ft. of gross floor area per individual establishment. b. Professional Offices, not exceeding 2,400 sq. ft. of gross floor area per individual office establishment c. Financial Services/Bank d. Restaurant, fast food, general or limited service, not exceeding 1,200 sq. ft. of gross floor area. The square footage requirement does not include a patio or outdoor seating area operated in connection with an indoor-service restaurant e. Hotel, Inn f. Bed and Breakfast g. Lodge or Club (Membership) h. Personal Services i. Artist or Craftsman Studio: Commercial space utilized to create, design, and fabricate sculptures,

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 208 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 statues, furniture, structures and other art forms. j. Day Care Facility k. Museum: A depository for collecting and displaying objects having scientific, historical or artistic value for the purposes of education, study and enjoyment. l. Art Gallery: A room or series of rooms where works of art are exhibited.

4. Mixed use development: A single building with the ground floor used primarily for retail, commercial, service or office and the upper floor(s) used for residential use or a building or buildings, used for retail, commercial, service or office, with residential housing in a separate building or buildings. [pp. 109, 110] 8625. Prohibited Uses. Any use not listed above is 5.4.2 Prohibited Uses prohibited. Adult use establishments are not allowed [pp.37, 38] for any use in the VROD district. [p. 110] 8626. Site Plan Special Permit. All uses and structures 5.4.3 Table of Uses (Appendix A) in the VROD are subject to a Special Permit and Site [p.38] Plan Special Permit from the Planning Board in accordance with Sections 9300 and 9400 of the Zoning Bylaw. In addition to the requirements of these sections, all design criteria as described in the Village Residential Design Guidelines. The Planning Board shall be the Special Permit Granting Authority. [p. 110] [PB(=)]

8627. Concept Plan. Prior to the application for approval of any special permit for a VROD, a

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 209 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 preliminary plan called for purposes of this Section 8600 a "Concept Plan", shall be filed for review with the Planning Board. The submitted Plan shall be consistent with the provisions of TCOD Section 8607 a. through e.

To attain the goals of the VROD, collaborative development proposals involving more than one property owner are encouraged where appropriate. In such cases, it is recommended that a Combined Concept Plan be submitted to the Planning Board with the initial project application, detailing the specific elements of the proposed project, outlining the impacts of the overall project, and identifying responsibilities of each property owner. The Combined Concept Plan should describe: the uses proposed, the layout and size of the project, potential impacts to the environment, access and transportation impacts, water and sewer needs, and economic impacts. The Planning Board encourages creative and collaborative efforts promoting the Purpose and the Design Guidelines of VROD, such as, but not limited to: shared and off-site parking, pedestrian walkways, lighting and other such amenities. [pp. 110, 111]

8628. Dimensional Requirements. 5.3.2 Residential Districts (dimensional and density requirements) [pp.33-34] Buildings within the VROD shall conform to the following requirements:

Minimum Lot Area 10,000 square feet Minimum Frontage 50 feet Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 210 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Minimum Front Yard Setback 20 feet Minimum Side Yard Setbacks Combined- 10 feet Minimum Side Yard Setback when abutting a residential district 50 feet Minimum Rear Setback 15 feet Minimum Rear Setback when abutting a residential district 50 feet Maximum Building Height 2.5 stories or 35 feet

8629. Special Provisions. The following special provisions apply to all development within the VROD:

1. The minimum separation between two or more buildings on the same lot shall be 20 feet.

2. The Planning Board may modify all dimensional requirements outlined in Section 8628, except Maximum Building Height of 2.5 stories or 35 feet, and Section 8629.1. if, in its opinion, such modifications will result in improved design that is in keeping with Section 8621 above.

3. Frontage and Access – The Planning Board may, as part of the special permit, reduce lot frontage for a development that provides consolidated or shared access to site access, for two or more adjoining parcels, subject to a legally enforceable agreement or restriction in a form acceptable to the Planning Board and approved by Town Counsel.

4. The Zoning Board of Appeals shall not grant a variance of any use not allowed under Section 8625, nor grant a variance from any Section 8628 Dimensional Requirements or Section 8629 Special Provisions. [p. 111]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 211 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 8630. Parking Requirements. The parking 6.1 Off-Street Parking and Loading Area Requirements requirement for any use in the VMOD shall be the [pp.51-60] same as required in Appendix C: Table of Parking Requirements. The Planning Board may reduce the required number of parking spaces in the VROD based on the following considerations:

a. The availability of shared parking on another property. The Board may require a shared parking agreement to be submitted as part of the application for development.

b. The availability of public transportation. [pp. 111-112]

8631. Criteria for Granting VROD Special Permit. In addition to the Criteria and considerations for actions by the Planning Board in Sections 9300 and 9400 of the Zoning Bylaw, the Planning Board shall determine that the site proposal and density of uses on the proposal shall promote the Purposes of this VROD bylaw and shall take into consideration the same criteria as set forth in the Town Center Overlay District Section 8611. [p. 112]

8632. Special Permit Conditions The Planning Board may impose such conditions, safeguards and limitations as it deems appropriate to protect the neighborhood or the Town including, but not limited to same conditions as set forth in the Town Center Overlay District Section 8612. [p. 112]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 212 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021

8640 VILLAGE MIXED–USE OVERLAY DISTRICT

8641. Purpose: The purposes of the Village Mixed- 5.2.2.B Mixed-Use Business (MUB). The MUB is a mixed-use business Use Overlay District (VMOD) shall be the same district located intermittently along Route 38 outside the purposes as described in the 8601, Town Center Town Center. It functions as a commercial gateway and Overlay District, in its entirety. neighborhood business zone, so the intended physical form [p. 112] and use mix in this district are intentionally set to support and enhance, not duplicate, the historic Town Center. [p.31] 8642. Boundaries: The boundaries of the VMOD shall 4.2 Zoning Map be as shown on the Town of Tewksbury Town Center [p.29] Overlay Map, on file at the office of the Town Clerk. [p. 112] 8643. Relationship to Existing Zoning: The (Not applicable as the Village Residential District is an relationship to existing zoning shall be the same as underlying district. ) described in the Town Center Overlay District, in its entirety [p. 112] 8644. Use Regulations and Definitions: The following 5.4.3 Table of Uses (Appendix A) uses are allowed in the VMOD subject to the [p. 38] requirements outlined in these VMOD regulations, and provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

1. Residential Uses (as a component of a mixed-use development): a. Multifamily b. Artist Lofts: All or a portion of a building that has been converted into an artist’s workspace and living area. c. Assisted living facilities

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 213 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021

2. Government, Institutional and Public Service Uses: a. Municipal b. Educational c. Religious d. Public or Private Utility Facilities e. Post Office f. Recreation

3. Business Uses a. Retail Store, not exceeding 7,500 sq. ft. of gross floor area per individual establishment. b. Professional Offices, not exceeding 10,000 sq. ft. of gross floor area per individual office establishment c. Financial Services/Bank d. Restaurant, fast food, general or limited service, not exceeding 4,000 sq. ft. of gross floor area. The square footage requirement does not include a patio or outdoor seating area operated in connection with an indoor-service restaurant e. Hotel, Inn f. Bed and Breakfast g. Lodge or Club (Membership) h. Personal Services i. Artist or Craftsman Studio: Commercial space utilized to create, design, and fabricate sculptures, statues, furniture, structures and other art forms. j. Commercial Recreation, Indoor k. Parking Facility: A public or private parking area or structure that is open to shelter or storage of motor vehicles by residents, customers and employees for permitted uses in the VMOD.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 214 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 l. Day Care Facility m. Performance Theater: A building or structure designed for theatrical and other staged staged entertainment services. n. Museum: A depository for collecting and displaying objects having scientific, historical or artistic value for the purposes of education, study and enjoyment. o. Art Gallery: A room or series of rooms where works of art are exhibited.

4. Mixed use development: A single building with the ground floor used primarily for retail, commercial, service or office and the upper floor(s) used for residential use or a building or buildings, used for retail, commercial, service or office, with residential housing in a separate building or buildings. [pp. 112-113] 8645. Prohibited Uses. Any use not listed above is 5.4.2 Prohibited Uses prohibited. Adult use establishments are not allowed [pp.37-38] for any use in the VMOD district. [p. 113] 8646. Site Plan Special Permit. All uses and structures 5.4.3 Table of Uses (Appendix A) in the VMOD are subject to a Special Permit and Site [p.38] Plan Special Permit from the Planning Board in accordance with Sections 9300 and 9400 of the Zoning Bylaw. In addition to the requirements of these sections, all design criteria of Village Mixed-Use Design Guidelines. The Planning Board shall be the Special Permit Granting Authority. [p. 113]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 215 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 8647. Concept Plan. Prior to the application for approval of any special permit for a CNOD, a preliminary plan called for purposes of this Section 8600 a "Concept Plan", shall be filed for review with the Planning Board. The submitted Plan shall be consistent with the provisions of TCOD Section 8607 a. through e.

To attain the goals of the VMOD, collaborative development proposals involving more than one property owner are encouraged where appropriate. In such cases, it is recommended that a Combined Concept Plan be submitted to the Planning Board with the initial project application, detailing the specific elements of the proposed project, outlining the impacts of the overall project, and identifying responsibilities of each property owner. The Combined Concept Plan should describe: the uses proposed, the layout and size of the project, potential impacts to the environment, access and transportation impacts, water and sewer needs, and economic impacts. The Planning Board encourages creative and collaborative efforts promoting the Purpose and the Design Guidelines of VMOD, such as, but not limited to: shared and off-site parking, pedestrian walkways, lighting and other such amenities. [pp. 113, 114]

8648. Dimensional Requirements. 5.3.3 A. Business Districts (dimensional and density requirements)

Buildings within the VMOD shall conform to the [pp.34, 35] following requirements: Minimum Lot Area 10,000 square feet Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 216 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Minimum Frontage 50 feet Minimum Front Yard Setback 20 feet Minimum Side Yard Setbacks Combined- 10 feet Minimum Side Yard Setback when abutting a residential 50 feet district Minimum Rear Setback 15 feet Minimum Rear Setback when abutting a residential 50 feet district Maximum Building Height 2.5 stories or 35 feet

8649. Special Provisions. The following special provisions apply to all development within the VMOD:

1. The minimum separation between two or more buildings on the same lot shall be 20 feet.

2. The Planning Board may modify all dimensional requirements outlined in Section 8648, and Section 8649.1. if, in its opinion, such modifications will result in improved design that is in keeping with Section 8641 above.

3. Frontage and Access – The Planning Board may, as part of the special permit, reduce lot frontage for a development that provides consolidated or shared access to site access, for two or more adjoining parcels, subject to a legally enforceable agreement or restriction in a form acceptable to the Planning Board and approved by Town Counsel.

4. The Zoning Board of Appeals shall not grant a variance of any use not allowed under Section 8645, nor grant a variance from any Section 8648 Dimensional Requirements or Section 8649 Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 217 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Special Provisions. [p. 114]

8650. Parking Requirements. The parking 6.1 Off-Street Parking and Loading Area Requirements requirement for any use in the VMOD shall be the [pp.51-60] same as required in Appendix C: Table of Parking Requirements. The Planning Board may reduce the required number of parking spaces in the VMOD based on the following considerations:

a. The availability of shared parking on another property. The Board may require a shared parking agreement to be submitted as part of the application for development.

b. The availability of public transportation. [pp. 114-115]

8651. Criteria for Granting VMOD Special Permit. In addition to the Criteria and considerations for actions by the Planning Board in Sections 9300 and 9400 of the Zoning Bylaw, the Planning Board shall determine that the site proposal and density of uses on the proposal shall promote the Purposes of this VMOD bylaw and shall take into consideration the same criteria as set forth in the Town Center Overlay District Section 8611. [p. 115]

8652. Special Permit Conditions - The Planning Board may impose such conditions, safeguards and limitations as it deems appropriate to protect the

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 218 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 neighborhood or the Town including, but not limited to same conditions as set forth in the Town Center Overlay District Section 8612. [p. 115]

8660 SOUTH VILLAGE OVERLAY DISTRICT

8661. Purpose: The purposes of the South Village 5.2.2.C South Village Business (SB). The South Village Business Overlay District (SVOD) shall be the same purposes as District includes a node of neighborhood commercial activity described in the 8601, Town Center Overlay District, around the Shawsheen Street/Route 38 and South in its entirety. Street/Route 38 intersections. It is intended to support small- [p. 115] scale, attractive, neighborhood-focused development and business uses that do not require high traffic volume locations. [p.31] 8662. Boundaries: The boundaries of the SVOD shall 4.2 Zoning Map be as shown on the Town of Tewksbury Overlay Map, [p.29] on file at the office of the Town Clerk. [p. 115]

8663. Relationship to existing Zoning: The (Not applicable as the Village Residential District is an relationship to existing zoning shall be the same as underlying district. ) described in the Town Center Overlay District, in its entirety. [p. 115] 8664. Use Regulations and Definitions: The following 5.4.3 Table of Uses (Appendix A) uses are allowed in the SVOD subject to the [p.38] requirements outlined in these SVOD regulations, and provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

1. Residential Uses (as a component of a mixed-use development): a. Multifamily b. Artist Lofts: All or a portion of a building that has

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 219 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 been converted into an artist’s workspace and living area. c. Assisted living facilities

2. Government, Institutional and Public Service Uses: a. Municipal b. Educational c. Religious d. Public or Private Utility Facilities e. Post Office f. Recreation

3. Business Uses a. Retail Store b. Professional Offices c. Financial Services/Bank d. Restaurant e. Hotel, Inn f. Bed and Breakfast g. Lodge or Club (Membership) h. Personal Services i. Artist or Craftsman Studio: Commercial space utilized to create, design, and fabricate sculptures, statues, furniture, structures and other art forms. j. Day Care Facility k. Museum: A depository for collecting and displaying objects having scientific, historical or artistic value for the purposes of education, study and enjoyment. l. Art Gallery: A room or series of rooms where works of art are exhibited.

4. Mixed use development: A single building with

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 220 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 the ground floor used primarily for retail, commercial, service or office and the upper floor(s) used for residential use or a building or buildings, used for retail, commercial, service or office, with residential housing in a separate building or buildings.

Affordable Housing Requirement.

An application for an SVOD Special Permit as a Mixed Use development may require that certain dwelling units, as determined by the Planning Board at the Concept Plan meeting, be established as Affordable Housing Units (7013.a) in perpetuity. Timing of establishment of affordable units to be determined by the Planning Board. [pp.115-116]

8665. Prohibited Uses. Any use not listed above is to 5.4.2 Prohibited Uses be considered prohibited. Adult use establishments [pp.37, 38] are not allowed for any use in the SVOD district. [p. 116] 8666. Site Plan Special Permit. All uses and structures 5.4.3 Table of Uses (Appendix A) in the SVOD are subject to a Special Permit and Site [p.38] Plan Special Permit from the Planning Board in accordance with Sections 9300 and 9400 of the Zoning Bylaw. In addition to the requirements of these sections, all design criteria as described in the Village Residential Design Guidelines. The Planning Board shall be the Special Permit Granting Authority. [p. 116]

8667. Concept Plan. Prior to the application for

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 221 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 approval of any special permit for a SVOD, a preliminary plan called for purposes of this Section 8600 a "Concept Plan", shall be filed for review with the Planning Board. The submitted Plan shall be consistent with the provisions of TCOD 8607 a. through e.

To attain the goals of the SVOD, collaborative development proposals involving more than one property owner are encouraged where appropriate. In such cases, it is recommended that a Combined Concept Plan be submitted to the Planning Board with the initial project application, detailing the specific elements of the proposed project, outlining the impacts of the overall project, and identifying responsibilities of each property owner. The Combined Concept Plan should describe: the uses proposed, the layout and size of the project, potential impacts to the environment, access and transportation impacts, water and sewer needs, and economic impacts. The Planning Board encourages creative and collaborative efforts promoting the Purpose and the Design Guidelines of SVOD, such as, but not limited to: shared and off-site parking, pedestrian walkways, lighting and other such amenities. [pp. 116, 117] 8668. Dimensional Requirements. 5.3.3 A. Business Districts (dimensional and density requirements) [pp.34, 35] Buildings within the SVOD shall conform to the following requirements:

Minimum Lot Area 10,000 square feet Minimum Frontage 50 feet Minimum Front Yard Setback 20 feet Minimum Side Yard Setbacks Combined- 10 feet Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 222 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Minimum Side Yard Setback when abutting a residential district 50 feet Minimum Rear Setback 15 feet Minimum Rear Setback when abutting a residential district 50 feet Maximum Building Height 2.5 stories or 35 feet

8669. Special Provisions. The following special provisions apply to all development within the SVOD:

1. The minimum separation between two or more buildings on the same lot shall be 20 feet.

2. The Planning Board may modify all dimensional requirements outlined in Section 8668, and 8669.1. if, in its opinion, such modifications will result in improved design that is in keeping with Section 8661 above.

3. Frontage and Access – The Planning Board may, as part of the special permit, reduce lot frontage for a development that provides consolidated or shared access to site access, for two or more adjoining parcels, subject to a legally enforceable agreement or restriction in a form acceptable to the Planning Board and approved by Town Counsel.

4. The Zoning Board of Appeals shall not grant a variance of any use not allowed under Section 8665, nor grant a variance from any 8668 Dimensional Requirements or 8669 Special Provisions. [p. 117] 8670. Parking Requirements. The parking 6.1 Off-Street Parking and Loading Area Requirements requirement for any use in the SVOD shall be the [p.51-60] same as required in Appendix C: Table of Parking

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 223 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Requirements. The Planning Board may reduce the required number of parking spaces in the SVOD based on the following considerations:

a. The availability of shared parking on another property. The Board may require a shared parking agreement to be submitted as part of the application for development.

b. The availability of public transportation. [pp. 117, 118] 8671. Criteria for Granting SVOD Special Permit. In addition to the Criteria and considerations for actions by the Planning Board in Sections 9300 and 9400 of the Zoning Bylaw, the Planning Board shall determine that the site proposal and density of uses on the proposal shall promote the Purposes of this SVOD bylaw and shall take into consideration the same criteria as set forth in the Town Center Overlay District 8611. [p. 118]

8672. Special Permit Conditions - The Planning Board may impose such conditions, safeguards and limitations as it deems appropriate to protect the neighborhood or the Town including, but not limited to same conditions as set forth in the Town Center Overlay District 8612. [p. 118] 8680 COMMUNITY VILLAGE OVERLAY DISTRICT COMMUNITY VILLAGE OVERLAY DISTRICT IS PART OF MF [pp. 118-122] AND MUB DISTRICTS SECTION 9000. ADMINISTRATION AND PROCEDURES

9100 GENERAL. 3.1 BUILDING COMMISSIONER

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 224 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 9110. Permits. This By-Law shall be administered by A. The Building Commissioner shall interpret and the Building Commissioner. Pursuant to the State enforce this Bylaw. Building Code, the Building Commissioner may B. The Building Commissioner may require any plans require such plans and specifications as may be and specifications as necessary to determine compliance necessary to determine compliance with all pertinent with all pertinent laws of the Commonwealth and may laws of the Commonwealth and may request advisory request advisory reviews by other municipal boards and reviews by other municipal boards and officials. officials. Buildings, structures or signs may not be erected, C. Buildings, structures, or signs may not be erected, substantially altered, moved, or changed in use and substantially altered, moved, or changed in use and land may land may not be substantially altered or changed with not be substantially altered or changed with regard to size or regard to size or shape or principal use unless in shape or principal use unless in compliance with this Bylaw, compliance with this Zoning By-Law, and all necessary and all necessary permits have been received under federal, permits have been received under federal, state, or state, or local law. local law. D. No premises, and no building erected, altered, or in [p. 123] any way changed as to construction or use under a permit or otherwise, shall be occupied or used without a certificate of occupancy or certificate of zoning compliance issued by the Building Commissioner. No certificate of occupancy or certificate of zoning compliance shall be issued until the premises, structure, and its uses and accessory uses comply in all respects with this Bylaw. If applicable, a site plan certificate of completion shall be issued. [p.19] 9120. Enforcement. The Building Commissioner or 3.2.A ENFORCEMENT; PENALTY his/her designee shall institute and take any and all The Building Commissioner or his or her designee shall such action as may be necessary to enforce full institute and take any and all action as may be necessary to compliance with any and all of the provisions of this enforce full compliance with any and all of the provisions of By-Law and of permits, special permits, variances, this Bylaw and of permits, special permits, variances, and site and site plan approval issued thereunder, including plan approval issued thereunder, including notification of notification of noncompliance and request for legal noncompliance and request for legal action through the action through the Board of Selectmen to Town Board of Selectmen to Town Counsel. [p.19] Counsel. [p. 123] 9130. Penalties. The penalty for violation of any 3.2.B The penalty for violation of any provision of this Bylaw, or of provision of this By-Law, of any of the conditions any conditions under which a permit, special permit, or site

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 225 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 under which a permit is issued, or of any decision plan approval decision has been issued, shall be $300 for rendered by the Board of Appeals, any special permit each offense. Each day that each violation continues shall granting authority, or the site plan approval board constitute a separate offense. shall be three hundred dollars ($300.00) for each [p.19] offense. Each day that each violation continues shall constitute a separate offense. [p. 123] 9140. Non-criminal Disposition. In addition to the 3.2.C The provisions of this Bylaw may also be enforced by non- remedies set forth otherwise, the provisions of this criminal disposition, as provided in G.L. c. 40, § 21D. The By-Law may also be enforced by non-criminal penalty for each violation shall be $50 for the second disposition, as provided in M.G.L. c. 40, s. 21D. The offense, $100 for the third offense, and $200 for the fourth penalty for such violation shall be $50.00 for the and each subsequent offense. second offense, $100.00 for the third offense, and [p.19] $200.00 for the fourth and each subsequent offense. [p. 123] 3.3 APPEAL An appeal to the Board of Appeals may be taken by any person aggrieved by reason of inability to obtain a permit or enforcement action from the Building Commissioner, as provided in G.L. c. 40A, § 8, as amended. [p.19] 9200 BOARD OF APPEALS. 3.4 ZONING BOARD OF APPEALS

9210. Establishment. There shall be a Board of 3.4.1. Establishment. Appeals of three members appointed by the Board of There shall be a Zoning Board of Appeals (“ZBA”) consisting Selectmen. The Selectmen may also appoint two of three members and two associate members appointed by associate members of the Board of Appeals. the Board of Selectmen. The appointment, service, and [p. 123] removal or replacement of members and associate members and other actions of the ZBA shall be as provided for in G.L. c. 40A. [p.20] 9220. Powers. The Board of Appeals shall have and 3.4.2. Powers exercise all the powers granted to it by Chapters 40A, The ZBA shall have the following powers: 40B, and 41 of the Massachusetts General Laws and

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 226 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 by this By-Law. The Board's powers are as follows: A. To hear and decide appeals in accordance with G.L. c. 9221. To hear and decide applications for special 40A, § 8, as amended. B. To hear and decide, in accordance with the provisions of permits as designated in these By-Laws. G.L. c. 40A, § 9, applications for special permits when 9222. To hear and decide appeals or petitions for designated as the special permit granting authority variances from the terms of this By-Law, with herein. respect to particular land or structures, as set C. To hear and decide, in accordance with the provisions of forth in M.G.L. c. 40A, s. 10. The Board of Appeals G.L. c. 40A, § 6, requests to change, alter, or extend shall not grant use variances in any district. lawfully pre-existing non-conforming uses and structures 9223. To hear and decide appeals taken by any to the extent allowed by Section 8.1. person aggrieved by reason of his inability to D. To hear and decide petitions for variances in accordance obtain a permit or enforcement action from any with G.L. c. 40A, § 10. administrative officer under the provisions of E. To hear and decide applications for comprehensive M.G.L. c. 40A, ss. 7, 8 and 15. permits for construction of low- or moderate-income housing, as set forth in G.L. c. 40B, §§ 20-23. 9224. To hear and decide comprehensive permits [p.20] for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in M.G.L. c. 40B, ss. 20-23. [pp. 123-124] 9230. Regulations. The Board of Appeals may adopt 3.4.3. Rules and Regulations rules and regulations from Massachusetts General The ZBA shall adopt rules and regulations for the Law, Chapter 40A, section 12, which are not administration of its powers and shall file a copy of its inconsistent with the provisions of the zoning regulations with the Town Clerk. The Board’s regulations ordinance or by-law, for the conduct of its business shall include rules and procedures for hiring outside and shall file a copy of said rules with the town clerk. consultants in accordance with G.L. c. 44, § 53G. [p.20] [p. 124] 9240. Fees. The Board of Appeals may adopt 3.4.4. Fees reasonable administrative fees and technical review The ZBA may adopt reasonable application fees and fees for fees for petitions for variances, administrative employing outside consultants to assist the Board with is appeals, and applications for comprehensive permits. review of special permits, variances, administrative appeals, [p. 124] and applications for comprehensive permits in accordance with its regulations. [p.20]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 227 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 9300 SPECIAL PERMITS. 3.5 SPECIAL PERMITS

9310. Special Permit Granting Authority. The special 3.5.1. Special Permit Granting Authority permit granting authority shall be specifically In this Bylaw, the Planning Board, Zoning Board of Appeals, designated by this By-Law as one of the following: the and Board of Selectmen shall have the power to grant special Planning Board, Board of Zoning Appeals, Board of permits. Unless specifically stated otherwise, the special Selectmen, or other board as designated. permit granting authority shall be the Planning Board. [p.20] [p. 124] 9320. Criteria. Special permits shall be granted by 3.5.3. Criteria the special permit granting authority, unless Special permits shall be granted by the special permit otherwise specified herein, only upon its written granting authority only upon its written determination that determination that the benefit to the town and the the benefit to the Town and the neighborhood outweigh the neighborhood outweigh the adverse effects of the adverse effects of the proposed use, taking into account the proposed use, taking into account the characteristics characteristics of the site and of the proposal in relation to of the site and of the proposal in relation to that site. that site. In addition to any specific factors that may be set In addition to any specific factors that may be set forth in this Bylaw, the determination shall include forth in this By-Law, the determination shall include consideration of each of the following: consideration of each of the following: A. Social, economic or community needs which are 9321. Social, economic or community needs served by the proposal; which are served by the proposal; B. Traffic flow and safety, including parking and loading; C. Adequacy of utilities and other public services; 9322. Traffic flow and safety, including parking D. Neighborhood character and social structures; and loading; E. Consistency with the purposes of the district as 9323. Adequacy of utilities and other public described in Section 5 of this Bylaw; services; F. Impacts on the natural environment; and, G. Potential fiscal impact, including impact on Town 9324. Neighborhood character and social services, tax base, and employment. structures; [p.21] 9325. Impacts on the natural environment; and 9326. Potential fiscal impact, including impact on town services, tax base, and employment. [p. 124]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 228 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 3.5.2. Procedures 9330. Procedures. Applications shall be filed in A. Application for a special permit and accompanying accordance with the rules and regulations of the plans and documentation shall be filed in accordance with special permit granting authority. An application shall the rules and regulations of the special permit granting not be deemed complete until all copies of required authority and G.L. c. 40A. information and documentation have been filed with B. The special permit granting authority shall hold a the special permit granting authority. public hearing within 65 days of receipt of a special permit [p. 124] application, and shall issue a decision no later than 90 days from the date of close of the public hearing. Notification requirements for a public hearing shall be in accordance with G.L. c. 40A, § 11. [p.20] 9340. Development Impact Statement (DIS). At the discretion of the special permit granting authority, the submittal of a development impact statement (DIS) may be required at the expense of the applicant. The special permit granting authority may deny a special permit where the DIS discloses that the proposed use does not comply with the provisions of this by-law. The DIS shall be prepared by an interdisciplinary team including a Registered Landscape Architect or Architect, a Registered Professional or Civil Engineer, and a Registered Surveyor, and may include all or some of the following information: [p. 124] 9341. Physical Environment. a. Describe the general physical conditions of the site, including amounts and varieties of vegetation, general topography, unusual geologic, archeological, scenic and historical features or structures, location of significant viewpoints, stone walls, trees over 16 inches in diameter, trails and open space links, and Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 229 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 indigenous wildlife. b. Describe how the project will affect these conditions, providing a complete physical description of the project and its relationship to the immediate surrounding area. 9342. Surface Water and Subsurface Conditions. a. Describe location, extent, and type of existing water and wetlands, including existing surface drainage characteristics, both within and adjacent to the site. b. Describe any proposed alterations of shore lines or wetlands. c. Describe any limitations imposed on the project by the site's soil and water conditions. d. Describe the impact upon ground and surface water quality and recharge, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, and other activities within the site. 9343. Circulation Systems. a. Project the number of motor vehicles to enter or depart the site per average day and peak hour. Also state the number of motor vehicles to use streets adjacent to the site per average day and peak hour. Such data shall be sufficient to enable the special permit granting authority to evaluate (i) existing traffic on streets adjacent to or approaching the site, (ii) traffic generated or resulting from

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 230 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 the site, and (iii) the impact of such additional traffic on all ways within and providing access to the site. Actual study results, a description of the study methodology, and the name, address, and telephone number of the person responsible for implementing the study, shall be attached to the DIS. 9344. Support Systems. a. Water Distribution: Discuss the water system proposed for the site, means of providing water for fire-fighting, and any problems unique to the site. b. Sewage Disposal: Discuss the sewer system to be used, and evaluate impact of sewage disposal on the wastewater treatment facility. c. Refuse Disposal: Discuss the location and type of facilities, the impact on existing Town refuse disposal capacity, hazardous materials requiring special precautions. d. Fire Protection: Discuss the type, location, and capacity of fuel storage facilities or other flammables, distance to fire station, and adequacy of existing fire fighting equipment to confront potential fires on the proposed site. e. Recreation: Discuss the distance to and type of public facilities to be used by residents of the proposed site, and the type of private recreation facilities to be provided on the site. f. Schools: Project the increase to the student Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 231 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 population for nursery, elementary, junior high school, and high school levels, also indicating present enrollment in the nearest public schools serving these categories of students. 9345. Phasing. Where development of the site will be phased over more than one (1) year, indicate the following: a. Describe the methods to be used during construction to control erosion and sedimentation through use of sediment basins, mulching, matting, temporary vegetation, or covering of soil stockpiles. Describe the approximate size and location of portion of the parcel to be cleared at any given time and length of time of exposure. b. Describe the phased construction, if any, of any required public improvements, and how such improvements are to be integrated into site development. [pp.124-126] 9350. Conditions. Special permits may be granted 3.5.4. Special Permit Conditions with such reasonable conditions, safeguards, or Special permits may be granted with reasonable conditions, limitations on time or use, including performance safeguards, or limitations on time or use, including guarantees, as the special permit granting authority performance guarantees, as the special permit granting may deem necessary to serve the purposes of this authority may deem necessary to serve the purposes of this By-Law. [p. 126] Bylaw. [p.21] 9360. Plans. An applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 5400, herein. [p. 126] 9370. Lapse. Special permits shall lapse if a 3.5.5. Recording; Lapse substantial use thereof or construction thereunder A. Special permits shall not take effect until recorded

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 232 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 has not begun, except for good cause, within three with the Middlesex North Registry of Deeds or Registry (3) years following the filing of the special permit District of the Land Court, as applicable, as provided in G.L. c. approval (plus such time required to pursue or await 40A, § 11. Proof of recording shall be presented to the the determination of an appeal referred to in M.G.L. Building Commissioner. c. 40A, s. 17, from the grant thereof) with the Town B. Special permits shall lapse within three years, which Clerk. shall not include time required to pursue or await the [p. 126] determination of an appeal under G.L. c. 40A, § 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or, in the case of a special permit for construction, if construction has not begun by such date except for good cause. [p.21] 9380. Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section. [p. 126] 9390. Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits. [p. 126] 9400 SITE PLAN SPECIAL PERMIT 3.6 SITE PLAN REVIEW The Planning Board may grant a Site Plan Special 3.6.1. Purposes Permit in accordance with the standards of this By- A. Site Plan Review by the Planning Board is intended to Law. protect the public interest by evaluating site plans for uses [p. 126] and structures that are permitted in the applicable zoning district, which may have some impacts within the site and on adjacent properties and streets; on pedestrian, cyclist and vehicular traffic; public services and infrastructure; abutting properties; and similar aspects of the site and adjoining properties. It is intended to ensure: 1. compliance with all applicable requirements of this Bylaw; 2. that development proposals are examined in a comprehensive manner while also providing an efficient Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 233 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 review process; 3. that the design and construction of development will have limited or no impacts on the surrounding areas; 4. that development is in harmony with the neighboring area; 5. the prevention or minimization of conflicts among uses; 6. the use of best practices in site planning, architectural integrity, and urban design; 7. consistency in application of development review regulations and guidelines; and, 8. appropriate enforcement of the provisions of this Bylaw. [pp.21, 22]

9410. Applicability. No business, industrial or 3.6.2. Applicability institutional building shall hereafter be erected or Site Plan Review shall be used to evaluate uses identified as externally enlarged, and no business, industrial or permitted uses in the Table of Use Regulations under Section institutional use shall hereafter be expanded in 5, Use Regulations. No building permit for construction, ground area except in conformity with a special exterior alteration, relocation, or change in use except where permit from the Planning Board approving a site plan noted, shall be granted for any development or use requiring for the lot. For the purposes of this section the term Site Plan Review until the requirements of this Section 3.6 “externally enlarged” shall mean an increase in excess have been fulfilled and approval has been granted. of 800 square feet in the floor area of the building [p.22] and the term “expanded in ground area” shall mean an increase in the ground area devoted to such use. 3.6.2.A Site Plan Review Required. A Site Plan Review approval shall

[p. 126] be required for: 1. New construction of any nonresidential or multifamily structure; or 2. Alteration of any existing nonresidential or multifamily structure involving more than 1000 square feet of gross floor area, including any related accessory structures, but excluding single- and two-family houses and any accessory structures related thereto; or

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 234 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 3. The construction or expansion of a parking lot of 10 or more spaces or the alteration of any entrance or exit, or any internal drive aisle. [p.22]

3.6.2.B Minor Site Plan Review. A minor site plan review shall be required if the proposed construction or site alteration includes any of the following: 1. Exterior alteration of 1000 square feet or less of horizontal or vertical area that is limited to doors, awnings, railings, steps, handicapped ramps, small additions, landscaping changes, or other similar minor changes; or 2. Redevelopment or alteration of 1000 square feet or less that would result in increased trips, noise, site lighting, or other actions that may increase impacts on abutting properties. [p.22]

3.6.3. Site Plan Review with a Special Permit Where proposed construction, use change, or site alteration requires both a Site Plan Review and a special permit issued by the Planning Board, the applicant shall submit both applications simultaneously and the Planning Board shall conduct its review of the applications contemporaneously. [p.22] 3.6.4 B. Waivers. If requested by the applicant, the Planning Board may waive one or more of the submission requirements or the review criteria for Site Plan Review. Any waiver shall be based on just cause and a finding by the Planning Board that the waiver or waivers will not be detrimental to the purpose of this section. [p.23]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 235 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 E. Consultant Fees. The Planning Board may require an applicant to pay a consultant fee upon a finding that additional information is necessary prior to making a decision and that information requires the expertise of an outside consultant. Any applicant aggrieved by the board’s selection of an outside consultant may appeal such decision to the Board of Selectmen. The appeal shall be limited to: a) a claim that the consultant has a conflict of interest, or b) the consultant either does not possess an educational degree in or related to the field at issue or does not have three or more years of practice in or related to the field. Any unused portion of the fee shall be returned to the applicant. F. Bond. For the purposes of securing performance of all proposed work, the Planning Board may require the submission of any of the following: a) a performance bond; b) deposit of money; c) bank passbook; or, d) letter of credit; in an amount determined by the Planning Board to be sufficient to cover the cost of all or a portion of the required improvements. G. Appeal. Any person aggrieved by a decision of the Planning Board on a Site Plan Review application may appeal the decision within 20 days of the date the decision was filed with the Town Clerk, in accordance with G.L. c. 40A, § 17. [p.25]

3.6.5. Minor Site Plan Review A. Administrative Review. The designee of the Town Manager shall review and act on a Minor Site Plan review application. The Town Manager’s designee may include reasonable conditions as part of any approval. B. Minor Site Plan Review Submittal Procedures. The Applicant shall submit to the Community Development Department, one electronic copy and six sets of plans

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 236 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 showing the following: 1. A written narrative explaining the proposed changes; 2. Photographs of the existing site or area to be altered; and, 3. A rendering, site plan, plot plan or sketch C. Review & Referral to Planning Board. The Town Manager’s designee shall submit copies of the application and plans to the appropriate town departments for their review and comments. They shall have 25 days to respond with comments. The Town Manager’s designee may choose to refer any minor site plan review application to the Planning Board, within30 days of the submission of the application, for Planning Board review and decision. In the event that the Town Manager’s designee refers a minor site plan review application to the Planning Board, the Planning Board shall hold a public hearing with notice and issue a written decision to approve, approve with conditions, or deny the site plan within thirty (30) days of receipt of the referral. Alternatively, the applicant may request a minor site plan review to proceed directly to the Planning Board in accordance with the requirements of Section 3.6.4. D. Decision. The decision of the Town Manager’s designee to approve, approve with conditions, or refer the plan to the Planning Board shall be in writing, and shall be made within 30 days of receipt of a complete application for minor site plan review. A copy of the decision shall be filed with the Town Clerk with a copy provided to the applicant. E. Building Permit. The Minor Site Plan Review application shall not be considered complete, and a building or occupancy permit shall not be issued, until a written approval is issued by the Town Manager’s designee. Failure by the Town Manager’s designee to take final action or refer the application to the Planning Board within 45 days of

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 237 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 receipt shall be deemed to be constructive approval of the Minor Site Plan, in which case the Building Commissioner may issue a building permit for the proposed use. F. The Minor Site Plan Review decision need not be filed with the Registry of Deeds. G. Appeal. Any person aggrieved by a decision of the Town Manager’s designee on a minor site plan review application may appeal such decision to the Planning Board within 20 days of the date the decision was filed with the Town Clerk.

3.6.6. Site Plan Modifications A. Requests for modifications to an approved site plan shall be processed in accordance with the same procedures as an original Site Plan Review application: 1. any relocation or shifting of structures or parking areas; 2. any increase in the gross floor area of structures greater than 1000 square feet; 3. any increase in parking areas by 10 or more spaces; 4. any changes that require additional water or sewage use or the relocation of utilities; 5. any increase of impervious area by more than 250 square feet; or 6. any substantial changes to the architecture of the structures, including changes in building materials, design, and colors. [pp.25-26]

9415. The Planning Board in considering a project 6.1.2 E. The Planning Board in considering a project under a under a Site Plan Special Permit may allow for Site Plan Review may allow for waivers of Section 6.1, Off- waivers of Section 5100, Parking and Loading Street Parking and Loading Area Requirements. The waiver Requirements, Section 5400 Landscaping, Screening, request must be specific in nature and the Planning Board

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 238 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 and Buffer Requirements. Waivers will also be must make specific findings to waive any of these considered for Appendix C: Table of Parking requirements. Consideration will be given as to the necessity Requirements. The waiver request must be specific in to meet the realistic requirements of the proposed nature and the Planning Board must make specific development and satisfy the objectives of the Zoning Bylaw. findings to waive any of these requirements. The Planning Board will base its findings on the stated Consideration will be given as to the necessity to requirements of those sections of the bylaw listed above as meet the realistic requirements of the proposed well as standards that are established by other professional development and satisfy the objectives of the Zoning organizations, such as, but not limited to, parking standards Bylaw. The Planning Board will base its findings on published by the Institute of Transportation Engineers, the stated requirements of those sections of the standards of the American Society of Highway and bylaw listed above as well as standards that are Transportation Officials, Commonwealth of Massachusetts established by other professional organizations, such agencies (DEP Stormwater Policy, for example) Urban Land as, but not limited to, parking standards published by Institute publications, and American Planners Association the Institute of Transportation Engineers, standards publications. [p. 52] of the American Society of Highway and Transportation Officials, Commonwealth of Massachusetts agencies (DEP Stormwater Policy, for example) Urban Land Institute publications, and American Planners Association publications. [p. 126] 9420. Rules and Regulations and Fees. The Planning Board shall adopt and from time to time amend, Rules and Regulations not inconsistent with the provisions of this By-Law or Chapter 40A of the Massachusetts General Laws, and shall file a copy of said Rules and Regulations with the Town Clerk. Such rules shall prescribe as a minimum the size, form, contents, style and number of copies of plans and specifications, the town boards or agencies from which the Planning Board shall request written reports and the procedure for submission and approval of a Site Plan Special Permit. 3.6.4. Procedure and Decision 9430. Application. Any person who desires to obtain

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 239 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 a Site Plan Special Permit shall submit a written A. Application. An application for Site Plan Review shall application therefore to the Planning Board. Each be submitted in accordance with the following and all such application shall be accompanied by the applicable requirements in the Planning Board’s Rules and following: Regulations. 9431. A written statement detailing the proposed 1. The application shall be submitted to the Town Clerk USE, the extent of the BUILDING COVERAGE and and the Community Development Department. OPEN SPACE, drainage calculations and 2. Within 10 days of receipt of the application for Site calculations of the volume of earth to be Plan Review, the Community Development Department shall removed, if any. Site Plan(s) prepared by a transmit copies of the application and accompanying plans to Registered Professional Engineer or Registered the appropriate Town boards, commissions, and Land Surveyor, as appropriate to the data, departments. These boards, commissions, and departments showing all LOT lines and setbacks, zoning district shall have 25 days to review and report in writing their boundaries including Flood Plain; all wetlands and recommendations to the Planning Board. The Planning Board wetland buffer zones, all areas designated as shall not take final action on a Site Plan Review until it has OPEN SPACE; all existing and proposed received these reports or the 25-day period has elapsed. topography at two (2) foot intervals, BUILDING 5. A majority vote of a quorum of the Planning Board STRUCTURES, signs, parking and loading spaces; shall be required for a decision on a site plan application. The the limits of all paving and open storage areas and Board's written decision shall consist of either: all facilities for sewerage, waste disposal and a. Approval of the site plan based on a determination drainage, along with profiles and elevations of the that the proposed project meets all requirements of this sewage and drainage system. Section 3.6. b. Denial of the site plan based on a determination that The Site Plan shall include that portion of any either: i) insufficient information was submitted with the adjacent land owned or used by the applicant on application in order for the Board to adequately review the which the USE is similar to or connected with the proposal, or, ii) a determination that the project does not USE for which the Site Plan Special Permit is meet the requirements of this Section 3.6 and no reasonable sought. All Site Plan Special Permit applications conditions can accomplish the goal of having the application submitted to the Planning Board for review shall meet those requirements. be drafted on sheets not to exceed 2 feet by 3 c. Approval of the site plan subject to conditions, feet and also scale to 1 inch equals 40 feet. modifications, and reasonable restrictions necessary to [p. 127] ensure compliance with the requirements of this Section 3.6 and to minimize or eliminate impacts on adjacent properties and streets.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 240 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 6. The Planning Board shall endorse appropriate copies of the approved site plan. One endorsed copy, along with the decision of the Planning Board, shall be transmitted to the Building Commissioner prior to the issuance of a building or occupancy permit. 7. The Site Plan Review decision shall be recorded with the Registry of Deeds prior to issuance of a building permit. 8. The applicant shall comply with all conditions imposed by the Planning Board on the approval prior to issuance of the occupancy permit, unless otherwise provided for in the approval. 9. If the public hearing is not convened or a decision is not rendered within the time allowed under this Section 3.6, unless the time has been extended by mutual agreement between the Planning Board and the applicant, the application shall be deemed to have been allowed and the a site plan approval decision shall be issued. The procedures that apply to constructive approval under G.L. c. 40A, § 9, shall apply to this Section 3.6. [pp.22-23]

9432. A Landscape Plan(s) shall be prepared by a Registered Landscape Architect in all cases where the plan(s) specifies a proposed facility of 10,000 square feet or more of gross floor area, or a facility requiring 40 or more parking spaces. In any case a Landscape Plan(s) shall show the limits of work, the existing tree line and all proposed landscape features and improvements including walks, planting areas with size and type of stock for each shrub or tree; walls, fences, outdoor lighting and existing and proposed contours of the land at two (2) foot intervals.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 241 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 [p. 127] 9433. A BUILDING Elevation Plan and Rendering shall be prepared by a Registered Architect or Registered Professional Engineer in all cases when filing for a Site Plan Special Permit. The BUILDING Elevation Plan and Rendering shall show all the front elevation and height of any proposed structure as well as the floor plan(s) showing the layout of each floor with a tabular summary of the next floor area used to calculate the required parking and the proposed USES to be conducted on each floor. 9434. A Master Signage Plan will be submitted for the entire site showing all placement, color renderings and compliance with Section 5200 of the Zoning Bylaw for the proposed signage. The Master Signage Plan must be approved as part of the Site Plan Special Permit and no building permit will be issued for a sign unless it complies with the Master Signage Plan. In lieu of color renderings referenced above, an applicant may submit a computer generated visual simulation of the signs. [p. 127] 9435. Such other information as the Board may reasonably require including special studies or reports, such as traffic or hydrological impact studies. [p. 128] 9440. Reports from Town Boards or Agencies. The 3.6.4.A 2. Within 10 days of receipt of the application for Site Planning Board shall transmit forthwith a copy of the Plan Review, the Community Development Department shall application and plan(s) to other boards, departments, transmit copies of the application and accompanying plans to

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 242 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 or committees as it may deem necessary or the appropriate Town boards, commissions, and appropriate for their written reports. Any such board departments. These boards, commissions, and departments or agency to which petitions are referred shall make shall have 25 days to review and report in writing their such recommendation or submit such reports as they recommendations to the Planning Board. The Planning Board deem appropriate and shall send a copy thereof to shall not take final action on a Site Plan Review until it has the Planning Board and to the applicant. Failure of received these reports or the 25-day period has elapsed. any such board or agency to make a recommendation [p. 22] or submit a report within 35 days of receipt of the petition shall be deemed a lack of opposition. [p. 128] 9450. Public Hearings and Decision. The Planning 3.6.4.A 3. The Planning Board shall schedule a public hearing for Board shall hold a public hearing no later than 65 all Site Plan Review applications to be held within 45 days of days after the filing of a complete application. The the date of submittal. The public hearing shall be advertised Planning Board shall have the power to continue a in the local newspaper once in each of two successive weeks, public hearing under this section if it finds that such posted in Town Hall, and notice of the hearing shall be sent continuance is necessary to allow the petitioner or to property owners within 300 feet of the subject property. applicant to provide information of an unusual nature 4. Within 25 days of the close of the hearing, the and which is not otherwise required as part of the Planning Board shall act on the Site Plan Review application special permit application. The Planning Board shall and file its written decision with the Town Clerk no later than issue a decision no later than 90 days following the 10 days thereafter. The applicant may request and the close of the hearing. Failure by the Planning Board to Planning Board may agree to an extension of the time limits take final action upon an application for a special in this section, provided that the agreement is in writing and permit said 90 days following the close of the public filed with the Town Clerk. [p. 23] hearing shall be deemed to be a grant of the permit applied for. [p. 128] 9460. Site Design Standards for Site Plan Special Permit. The purpose of the following site design standards is to ensure that further consideration will be given to the natural resources and characteristics of a site, to its topographic, hydrologic and geological conditions, to public convenience and safety and to the suitability of a proposed USE on a site. Before the granting of any site Plan Special Permit, the Planning Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 243 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Board shall assure that each site plan submitted for its review shall comply in full with the following site design standards: 9461. Stormwater Run-off - No stormwater run- off in excess of rates existing prior to new construction shall be allowed and no stormwater run-off in excess of rates existing prior to new construction shall be discharged onto a public way or into a public drainage system unless there is, in the opinion of the Planning Board, sufficient capacity to handle the additional run-off. 9462. Outdoor Lighting – Refer to Section 5330. 9463. Common Driveway in the Business or Industrial Districts - A common driveway may serve two (2) or more LOTS used for business or industrial USE and located in the Business or Industrial Districts provided that the common driveway is no wider than 24 feet at any point where it crosses required OPEN SPACE or any parking setback area required under Section 5400. The Planning Board shall ensure that the common driveway shall not be located or designed to derogate from the intent of the By- Law to provide suitable OPEN SPACE on each site. [p. 128] 9470. Open Space Landscaping Standards. Any landscaping on OPEN SPACE shall be designed to enhance the visual impact of the USE upon the LOT and adjacent property. Where appropriate, existing vegetation may be retained and used to satisfy the landscaping requirements. OPEN SPACE areas shall be kept free of encroachment by all BUILDINGS, Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 244 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 STRUCTURES, storage areas or parking. OPEN SPACE landscaping shall be maintained as open planted areas and used to (1) ensure buffers between properties, (2) provide landscaped areas between BUILDINGS, (3) minimize the visual effect of the bulk and height of BUILDINGS, STRUCTURES, parking areas, lights or signs and (4) minimize the impact of the USE property on land and water resources. [p. 128] (a) In the Commercial and R40 District where a business or industrial USE abuts a residential district, a landscape buffer up to a maximum of 20 feet in depth designed to mitigate the impact of the business or industrial USE on abutting residential districts may be required by the Planning Board between the business or industrial USE and the residential district. (b) In the Heavy Industry District where a business or industrial USE abuts a residential district, a landscape buffer of a minimum of 30 feet up to a maximum of 60 feet in depth designed to mitigate the impact of the business or industrial USE on abutting residential districts shall be required by the Planning Board between the business or industrial USE and the residential district.

(c) All parking lots and loading facilities shall be suitably landscaped to minimize their visual impact on the LOT and upon adjacent property by the use of existing vegetation where appropriate and by the use of new trees, shrubs, walls, fences or other landscape elements. Any parking lot with more than 40 parking spaces shall include a landscaped area(s) shall not be Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 245 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 less in area than five (5) percent of the total area of the parking lot and shall be in addition to any minimum OPEN SPACE required under Section 5400. Landscaped area(s) shall be provided with a minimum width of at least 10 feet, curbing and shade trees of at least 12 feet in height or such other landscaping as may be required by the Planning Board. [p. 129] 9480. Reserved Parking Spaces. Under a Site Plan 6.1.5 Parking Requirement Relief Special Permit, the Planning Board may authorize a The Planning Board may by special permit authorize a decrease in the number of parking spaces and shall decrease in the number of parking spaces required to be have the authority to require an increase in the provided under this Section provided that: number of parking spaces required under Section 5130, in accordance with the following: 9481. The Planning Board may authorize a decrease in the number of parking spaces required under Section 5130 provided that:

(a) The decrease in the number of parking A. The decrease in the number of parking spaces is no spaces is no more than 30% of the total more than 30 percent of the total number of spaces number of spaces required under Section required. The number of parking spaces approved for a 5130. The waived parking spaces shall be set decrease shall be set aside and shall not be required to be aside and shall not be intended for immediate immediately provided. These spaces shall be labeled as construction. Such spaces shall be labeled as "Reserve Parking" on the site plan. “Reserve Parking” on the site plan. (b) Any such decrease in the number of B. Any decrease in the number of required parking required parking spaces shall be based upon spaces shall be based upon documentation of a special documentation of a special nature of a USE or nature of a use or building. BUILDING. (c) The parking spaces labeled “Reserve C. The parking spaces labeled "Reserve Parking” on the Parking” on the site plan shall be properly site plan shall be properly designed as an integral part of the designed as an integral part of the overall overall parking layout, located on land suitable for parking parking layout, located on land suitable for development and in no case located within an area counted parking development and in no case located Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 246 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 within an area counted as buffer, parking as buffer, parking setback, or open space. setback or OPEN SPACE. (d) The decrease in the number of required spaces will not create undue congestion or traffic hazards and that such relief may be D. The decrease in the number of required spaces will granted without substantial detriment to the not create undue congestion or traffic hazards and that relief neighborhood and without derogating from may be granted without substantial detriment to the the intent and purpose of this By-Law. [p. 129] neighborhood and without derogating from the intent and purpose of this Bylaw. [pp.55] 9482. If, at any time after the Certificate of E. If, at any time after the Certificate of Occupancy is Occupancy is issued for the BUILDING or USE, the issued for the building or use, the Building Commissioner Building Inspector determines that additional determines that additional parking spaces are needed, the parking spaces are needed, the Inspector shall Commissioner shall notify the Planning Board, in writing, of notify the Planning Board, in writing, of such that finding and the Planning Board may require that all or finding and the Planning Board may require that any portion of the spaces shown on the approved site plan as all or any portion of the spaces shown on the "Reserve Parking" be constructed. approved site plan as “Reserve Parking” be [pp.55] constructed. [p. 129] 9483. The Planning Board may require provisions for an increase in the number of parking spaces required under Section 5130 provided that: (a) The increase in the number of parking spaces is no more than 20% of the total number of spaces required under Section 5130 for the USE in question. (b) Any such increase in the number of required parking spaces shall be based upon the special nature of a USE or BUILDING. (c) The increased number of parking spaces shall be labeled “Increased Reserve Parking” on the site plan and shall be properly designed as an integral part of the overall parking Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 247 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 layout, located on land suitable for parking development and in case located within area counted as buffer, parking setback or OPEN SPACE. The applicant shall not be required to construct any of the parking spaces labeled as “Increased Reserve Parking” for at least one year following the issuance of a Certificate of Occupancy. Where the “Increased Reserve Parking” area is required and the applicant has otherwise provided the number of parking spaces required under Section 5130, the area of land reserved for the increased number of parking spaces may be deducted from the minimum OPEN SPACE required under Section 5400. [pp. 129-130] 9484. If after one (1) year after the issuance of a Certificate of Occupancy, the Building Inspector finds that all or any of the “Increased Reserve Spaces” are needed, the Inspector shall notify the Planning Board, in writing, of such finding and the Planning Board may require that all or any portion of the spaces identified as “Increased Reserve Spaces” on the site plan be constructed within a reasonable time period as specified by the Planning Board. [p. 130] 9490. Action by the Planning Board. The Planning 3.6.4.C Review Criteria. All applications for Site Plan Review shall Board, in considering a site plan, shall ensure a USE of meet the following criteria unless specifically waived by the the site consistent with the USES permitted in the Planning Board, and those waivers shall be in writing. district in which the site is located and shall give due 1. Adequacy of the capacity of adjacent streets to consideration to the reports received under Section accommodate the traffic to be generated by the proposed 9440. Prior to the granting of any special permit, the use. Planning Board shall find that, to the degree 2. Adequacy of the public infrastructure to serve the project and the area in the immediate vicinity of the site. Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 248 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 reasonable, the site plan: 3. Harmonious relationship of the proposed structures a) Protects adjoining premises by minimizing and open space to the existing buildings, natural landscapes, adverse effects on the natural environment; and other community assets in the adjacent area, b) Provides for convenient and safe vehicular considering the proposed structure’s architectural integrity, and pedestrian movement and that the relationship to its context and to the street, and relationship locations of driveway openings are convenient to desirable structures elsewhere in Tewksbury. and safe in relation to vehicular and 4. In the Town Center District, conformance with pedestrian traffic circulation, including Section 6.3 of this Bylaw, and the degree to which the emergency vehicles, on or adjoining the site; proposed site layout, building design, landscaping, amenities, c) Provides an adequate arrangement of and other components of the project address the Town parking and loading spaces in relation to the Center Design Guidelines, which shall be maintained on file proposed USES of the premises; with the Town Clerk and Department of Community d) Provides adequate methods of disposal of Development. refuse or other wastes resulting from the 5. The proposed use shall have adequate ingress and USES permitted on the site; egress to the property, adequate travel lanes within the e) Complies with all applicable property, and shall maximize automotive, pedestrian and requirements of this By-Law. bicyclist safety and convenience, off-street parking and loading, traffic flow and control, and access for fire and [p. 130] safety equipment. The design of the site shall minimize hazardous turning movements. 6. Convenience and safety for people with disabilities, including provision of appropriate parking spaces, handicapped ramps, and other facilities as required by federal and state law. 7. Protection of adjacent and nearby properties from detrimental site impacts from drainage, flooding, undue and loud sounds, odors, dust, light pollution, and diminished air quality. 8. Protection of adjacent properties by minimizing the intrusion of lighting, including parking lot and building exterior lighting, through the use of cut-off luminaries, light shields, lowered height of light poles, screening or similar solutions. Except for architectural and interior-lit signs, all

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 249 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 exterior site lighting shall be downcast and shall be directed or shielded to eliminate light trespass onto any street or abutting property and to eliminate direct or reflected glare perceptible to persons on any street or abutting property. All site lighting, including architectural, sign, and parking lot lighting, shall be kept extinguished outside of those business hours established under an approved plan, except for lighting determined to be necessary for site security and the safety of employees and visitors. 9. Adequacy of parking and loading spaces. 10. Adequacy of the methods for disposal of waste and recycling, including adequate screening of these facilities. 11. Provision of appropriate landscaping and other site amenities to enhance the visual quality of the property, to provide a landscaped green space parallel to the property frontage, and to provide screening as necessary of adjacent properties. 12. Adequacy of the soil erosion plan and any plan for protection of steep slopes, both during and after construction. 13. If there is more than one building proposed, buildings shall relate harmoniously to each other in architectural style, site location, and building exits and entrances. 14. Minimizing impacts to tenants and adjacent properties through appropriate restrictions on the hours of operation, deliveries, noise levels, removal of trash and recyclables, or by other appropriate means as determined by the planning board. 15. Demonstrated compliance with all applicable sections of this Bylaw. [pp.23-24]

9491. Special Permit Conditions - The Planning 3.6.1.B Conditions. The Planning Board may impose reasonable

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 250 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Board may impose such conditions, safeguards conditions and mitigation measures in order that the and limitations as it deems appropriate to protect proposed use or development meets the purposes of this the neighborhood or the Town including, but not section. limited to: [p.22]

a) Dimensional requirements greater than the minimum required by this By-Law; b) Screening of parking areas or other parts of the premises from adjoining premises or from the street by specified walls, fences, plantings or other devices; c) Modification of the exterior features or appearances of the structure(s); d) Limitation of size, number of occupants, method and time of operation and extent of facilities; e) Regulation of number, design and location of access drives, drive-up windows and other traffic features; f) Requirement of off-street parking and other special features; g) Requirement for performance bonds or other security; and h) Installation and certification of mechanical or other devices to limit present or potential hazard to human health, safety, welfare or the environment resulting from smoke, odor, particulate matter, toxic matter, fire or explosive hazard, glare, noise, vibration or any other objectionable impact generated by any given USE of land. [p. 130] 9492. Time Limitation on Site Plan Special Permit 3.6.4.D Site Plan Review Lapse. A Site Plan Review approval shall - A Site Plan Special Permit shall lapse if a lapse within three years from its issuance if substantial use substantial use thereof has not commenced or construction has not commenced within the three-year

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 251 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 except for good cause or in the case of a permit period, except for good cause. The Planning Board may grant for construction, if construction has not a one-time extension of the approval for a one-year period commenced except for good cause within a upon a finding of good cause, at the written request of the period of time to be specified by the Planning applicant. Such request shall be submitted to the Planning Board, not to exceed two years from the date of Board prior to the expiration of the Site Plan Review grant thereof. [p. 131] approval. [p.25]

9500 USE SPECIAL PERMIT

9510. Any non-residential development proposed for 3.6.2.A Site Plan Review Required. A Site Plan Review approval shall construction that consists of 10,000 square feet or be required for: more shall be required to first obtain a Special Permit 1. New construction of any nonresidential or multifamily from the Planning Board. structure; or 9520. Any non-residential structural addition 2. Alteration of any existing nonresidential or proposed for construction that consists of 5,000 multifamily structure involving more than 1000 square feet square feet or more shall be required to first obtain a of gross floor area, including any related accessory Special Permit from the Planning Board. structures, but excluding single- and two-family houses and any accessory structures related thereto; or 9530. Any non-residential development proposed for 3. The construction or expansion of a parking lot of 10 construction that generates 500 or more daily or more spaces or the alteration of any entrance or exit, or vehicular trips shall be required to first obtain a any internal drive aisle. Special Permit from the Planning Board. [p.22] *Special Permit applications submitted to the Planning Board must conform with the Special Permit Rules and Regulations. [p. 131] 3.7 REQUEST FOR REASONABLE ACCOMMODATION 3.7.1. Purpose Under the Federal Fair Housing Act of 1968 (FFHA), as amended, it is a discriminatory practice to refuse to make “a reasonable accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford [a handicapped] person equal opportunity to use and

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 252 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 enjoy a dwelling.” 42 U.S.C. § 3604(f)(3)(B). The same standard applies under the Americans with Disabilities Act of 1990, as amended (ADA), which also addresses nonresidential facilities providing services to persons with disabilities. 42 U.S.C. 12112(b)(5). The purpose of this Section 3.7 is to facilitate housing or services for people with disabilities and to comply fully with the spirit and the letter of the FFHA and the ADA. 3.7.2. Applicability A. A request for reasonable accommodation under the FFHA or ADA may be made by any person with a disability, their representative, or any entity, when the application of this Bylaw acts as a barrier to fair housing opportunities. B. A request for reasonable accommodation may include a modification or exceptions to the rules, standards, and practices for the siting, development and use of housing, including housing with supportive services that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. C. A request for a reasonable accommodation does not affect a person’s or provider’s obligations to comply with other applicable laws and regulations not at issue in the requested accommodation. 3.7.3. Submission Requirements and Procedures A. All requests for reasonable accommodation under the FFHA or the ADA shall be submitted to the ZBA. B. Information. All requests for reasonable accommodation shall be in writing and provide, at a minimum, the following information: 1. Name and address of person(s) or entity requesting accommodation; 2. Name and address of property owner; 3. Name and address of dwelling or facility at which

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 253 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 accommodation is requested; 4. Description of the requested accommodation and specific regulation or regulations for which accommodation is sought; 5. Reason that the requested accommodation may be necessary for the person or persons with disabilities to use and enjoy the premises; and 6. If the requested accommodation relates to the number of persons allowed to occupy a dwelling, the anticipated number of residents, including facility staff (if any). C. If necessary to reach a decision on the request for reasonable accommodation, the ZBA may request further information from the applicant consistent with the FFHA or ADA, specifying in detail the information required. D. Procedures Within 45 days from the date of application, the ZBA shall consider the request at an open meeting. Notice may be provided in accordance with G.L. c. 40A, § 11. Any deadlines imposed may be extended upon the request of the applicant and the approval of the Board. The ZBA may seek information from other Town boards, commissions, and departments in assessing the impact of the requested accommodation on the rules, policies, and procedures of the Town. Upon written notice to the ZBA, an applicant for a reasonable accommodation may withdraw the request without prejudice. The ZBA shall consider the following criteria when deciding whether a request for accommodation is reasonable: 1. Whether the requested accommodation would require a fundamental alteration of a legitimate Town policy; and 2. Whether the requested accommodation would impose undue financial or administrative burdens on the

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 254 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Town government. 3.7.4. Decision A. After conducting an appropriate inquiry into the request for reasonable accommodation, the ZBA may by majority vote: 1. Grant the request; 2. Grant the request subject to specified conditions; or 3. Deny the request. B. The ZBA shall issue a written final decision on the request in accordance with G.L. c. 40A, § 15. If the ZBA fails to render its decision on a request for reasonable accommodation within the time allotted by G.L. c. 40A, § 15, the request shall be deemed granted. The Board’s decision shall be filed with the Town Clerk and sent to the applicant by certified mail. 3.7.5. Appeal The Board of Appeal’s decision under this section may be appealed to a court of competent jurisdiction in accordance with G.L. c. 40A, s. 17 or otherwise. 3.7.6. File The ZBA shall maintain a file of all requests for reasonable accommodation under the FFHA or the ADA and a file of all decisions made on such requests. The file(s) may be reviewed in the Office of the ZBA upon request during regular business hours. [pp.26-28]

SECTION 10000. DEFINITIONS. 2 DEFINITIONS

In this By-Law, the following terms and constructions For the purpose of this Bylaw and unless the context of usage shall apply unless a contrary meaning is required by clearly indicates another meaning, the following terms shall the context or is specifically prescribed in the text of have the following meanings: the By-Law. Words used in the present tense include A. Words used in the present tense include the future. the future. The singular includes the plural and the B. The singular includes the plural and the plural

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 255 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 plural includes the singular. The word "shall" is includes the singular. mandatory and "may" is permissive or discretionary. C. The word “and” includes “or” unless the contrary is The word "and" includes "or" unless the contrary is evident from the text. evident from the text. The word "includes" or D. The word “includes” or “including” shall not limit a "including" shall not limit a term to specified term to specified examples. It is intended to extend its examples, but is intended to extend its meaning to all meaning to all other instances, circumstances, or items of other instances, circumstances, or items of like like character or kind. character or kind. The word "lot" includes "plot"; the E. The words "used" or "occupied" include the words word "used" or "occupied" shall be considered as "designed," "arranged," "intended," or "offered," to be used though followed by the words "or intended, or occupied; the words "building," "structure," "lot," "land," arranged, or designed to be used or occupied". The or "premises" shall be construed as though followed by the words "building," "structure," "lot," or "parcel," shall words "or any portion thereof"; and the words "shall" is be construed as being followed by the words "or any always mandatory and not merely directory. portion thereof." The word "person" includes a firm, F. Terms and words not defined in this Section 2 or association, organization, partnership, company, or elsewhere in this Bylaw but defined in the State Building corporation, as well as an individual. Terms and Code shall have meanings given there unless a contrary words not defined herein but defined in the intention clearly appears in this Bylaw. Words not defined in Commonwealth of Massachusetts State Building Code either place shall have the meaning given in the most recent shall have the meaning given therein unless a edition of Webster's Unabridged Dictionary. contrary intention is clearly evident in this By-Law. [p.2] [p. 132]

ABANDONMENT: The cessation of a use or structure accompanied by an intent to abandon and voluntary conduct whether affirmative or negative. Time is not a controlling factor of abandonment. although the lapse of time may be evidence of an intent to abandon, and where it is accompanied by acts of abandonment, it may be considered in determining whether there has been abandonment. Abandonment may arise from a single act or a series of acts. [p.2]

ACCESSORY BUILDING OR STRUCTURE: A building or ACCESSORY STRUCTURE: A structure located on the same lot

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 256 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 structure subordinate to a principal building or with the main building, detached or attached, and structure and customarily used to serve the purposes customarily incidental and subordinate to the use of the of that principal building. A building is accessory only main building. [p.2] where a principal building exists on the same lot. [p. 132] ACCESSORY MOTOR VEHICLE RENTAL AND LEASING: The indoor or outdoor rental or leasing of passenger motor vehicles that satisfies all of the following criteria: 1. No such rental or leased motor vehicle shall exceed 9,000 lbs in gross weight; and 2. No such rented or leased motor vehicle shall be a box truck, cargo van, moving van, motorcycle, trailer, all-terrain vehicle, snowmobile, boat or personal water craft; and 3. No more than fifteen such rented or leased motor vehicles may be stored, parked or maintained at the Premises at any time; and 4. All of such rented or leased motor vehicles are Principally Garaged in the Town of Tewksbury, 5. Use must be accessory to a lawfully existing principal use as a motor vehicle sales dealership. [p. 132] ACCESSORY RESIDENTIAL USE: Any use customarily incidental to the principal residential use, such as a private garage; carport; playhouse; private greenhouse; tool shed; tennis court; storage of one recreational trailer, home utility trailer, boat, and snowmobile; or swimming pool. [p. 132]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 257 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 ACCESSORY USE: A use customarily incidental to and ACCESSORY USE: A use that is customarily incidental and located on the same lot with the principal use. A use subordinate to the main building or use of land and located is accessory only where a principal use exists on the on the same lot and under the same ownership in all same lot. [p. 132] respects. [p.2] ACCESS DRIVEWAY: The travel lane that allows ACCESS DRIVEWAY: The travel lane that allows motor motor vehicles ingress from the street and egress vehicles ingress from the street and egress from the site and from the site and includes the area between the includes the area between the sideline of the street to the sideline of the street to the lot where the access lot where the access driveway is no longer within the driveway is no longer within the minimum parking minimum parking area setback required herein. [p.2] area setback required herein. [p. 132] ADULT USE ESTABLISHMENT: An establishment ADULT USES. The following terms and definitions shall apply having a substantial or significant portion of its to Adult Uses. [pp.2,3] business activity, stock in trade, or other materials for ADULT USE ESTABLISHMENT: An establishment having a sale, rental or display, which are distinguished or substantial or significant portion of its business activity, stock characterized by their emphasis on matter depicting, in trade, or other materials for sale, rental or display, which describing, or relating to sexual conduct as defined in are distinguished or characterized by their emphasis on M.G.L. c. 272, s. 31, including but not limited to the matter depicting, describing, or relating to sexual conduct as following: any adult bookstore, adult cabaret, adult defined in G.L. c. 272, § 31, including but not limited to the motion picture theater, adult paraphernalia store or following: any adult bookstore, adult cabaret, adult motion adult video store as defined below: picture theater, adult paraphernalia store or adult video store as defined below: ADULT BOOKSTORE: An establishment having as a substantial or significant portion of its stock in ADULT BOOKSTORE: An establishment having as a trade, books, magazines, and other matter which substantial or significant portion of its stock in trade, books, are distinguished or characterized by their magazines, and other matter which are distinguished or emphasis depicting, describing, or relating to characterized by their emphasis depicting, describing, or sexual conduct or sexual excitement as defined in relating to sexual conduct or sexual excitement as defined in M.G.L. c. 272, s. 31. G.L. c. 272, § 31.

ADULT CABARET: A nightclub, bar, restaurant, ADULT CABARET: A nightclub, bar, restaurant, tavern, dance tavern, dance hall, or similar commercial hall, or similar commercial establishment which present: (a) establishment which present: (a) persons who persons who appear in a state of nudity as defined in G.L. c. appear in a state of nudity as defined in M.G.L. c. 272, § 31; or (b) live performances which are characterized

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 258 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 272, s. 31; or (b) live performances which are by an emphasis depicting anatomical areas specified as less characterized by an emphasis depicting than completely and opaquely covered human genitals, anatomical areas specified as less than completely pubic region, buttock and female breast below a point and opaquely covered human genitals, pubic immediately above the top of the areola, and human genitals region, buttock and female breast below a point in a state of sexual arousal, or relating to sexual conduct or immediately above the top of the areola, and sexual excitement as defined in G.L. c. 272, § 31; or (c) films, human genitals in a state of sexual arousal, or motion pictures, video cassettes, slides, photographic relating to sexual conduct or sexual excitement as reproductions, or any other visual media which are defined in M.G.L. c. 272, s. 31; or (c) films, motion characterized by the depiction or description of anatomical pictures, video cassettes, slides, photographic areas specified as above, or relating to sexual conduct or reproductions or any other visual media which are sexual excitement as defined in G.L. c. 272, § 31. characterized by the depiction or description of anatomical areas specified as above, or relating to ADULT MOTION PICTURE THEATER: An enclosed building sexual conduct or sexual excitement as defined in used for presenting material (including, but not limited to, G. L., c. 272, s. 3. motion picture films, video cassettes, cable television, slides, or any other such visual media) distinguished by an emphasis ADULT MOTION PICTURE THEATER: An enclosed on matter depicting, describing, or relating to sexual conduct building used for presenting material (including, or sexual excitement as defined in G.L. c. 272, § 31. but not limited to, motion picture films, video cassettes, cable television, slides or any other ADULT PARAPHERNALIA STORE: An establishment having as such visual media) distinguished by an emphasis a portion of its stock devices, objects, tools, or toys which are on matter depicting, describing, or relating to distinguished by their association with sexual activity, sexual conduct or sexual excitement as defined in including sexual intercourse, sexual conduct or sexual M.G.L. c. 272, s. 31. excitement as defined in G.L. c. 272, § 31.

ADULT PARAPHERNALIA STORE: An ADULT VIDEO STORE: An establishment having as a establishment having as a portion of its stock substantial or significant portion of its stock in trade - for sale devices, objects, tools, or toys which are or rent - motion picture films, video cassettes, and similar distinguished by their association with sexual audio/visual media, which are distinguished or characterized activity, including sexual intercourse, sexual by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. conduct or sexual excitement as defined in G.L. c. 272, § 31. c. 272, s. 31. SUBSTANTIAL OR SIGNIFICANT PORTION: The terms

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 259 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 ADULT VIDEO STORE: An establishment having as "substantial or significant portion" as used herein shall mean a substantial or significant portion of its stock in any of the following: (a) 20 percent or more of the business trade - for sale or rent - motion picture films, inventory or stock of merchandise for sale, rental video cassettes, and similar audio/visual media, distribution, or exhibition during any period of time; or (b) 20 which are distinguished or characterized by their percent or more of the annual number of gross sales, rentals, emphasis depicting, describing, or relating to or other business transactions; or (c) 20 percent or more of sexual conduct or sexual excitement as defined in the annual gross business revenue; or (d) 20 percent or more M.G.L. c. 272, s. 31. of the hours during which the establishment is open.

SUBSTANTIAL OR SIGNIFICANT PORTION: The SIGN, ADULT USE ADVERTISEMENT: An advertising sign or terms "substantial or significant portion" as used devise which advertises an adult use establishment, adult herein shall mean any of the following: (a) twenty bookstore, adult video store, adult cabaret, adult percent (20%) or more of the business inventory paraphernalia store, or adult motion picture theater and/or or stock of merchandise for sale, rental advertises the trade, rental or sale of material, distinguished distribution, or exhibition during any period of by an emphasis on matter depicting, describing, or relating time; or (b) twenty percent (20%) or more of the to sexual conduct or sexual excitement as defined in G.L. c. annual number of gross sales, rentals, or other 272, § 31. business transactions; or (c) twenty percent (20%) [pp.2-3] or more of the annual gross business revenue; or (d) twenty percent (20%) or more of the hours during which the establishment is open. [pp. 132, 133]

AFFORDABLE HOUSING: A dwelling unit restricted for sale or rent to a low- or moderate-income household and eligible for listing in the Chapter 40B Subsidized Housing Inventory as determined by the Massachusetts Department of Housing and Community Development (DHCD). [p.3] AGRICULTURE: Use of land for agriculture, AGRICULTURE, EXEMPT: Use of land for commercial horticulture, floriculture, or other protected agriculture, aquaculture, silviculture, horticulture, operations pursuant to M.G.L. c. 40A, s. 3. [p. 133] floriculture or viticulture as defined under G.L. c. 128, § 1A and exempt from zoning under G.L. c. 40A, § 3. [p.3] AGRICULTURE, NONEXEMPT: Agricultural activities, AGRICULTURE, NONEXEMPT: Agricultural activities limited

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 260 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 limited to cultivating and harvesting general crops to cultivating and harvesting general crops, including the including the storage of necessary farm equipment storage of necessary farm equipment and the raising of and the raising of livestock, on parcels of less than livestock, not exempt under G.L. c. 40A, § 3. five (5) acres. [p. 134] [p.3] ALTERATIONS: As applied to a building or structure, ALTERATION: As applied to a building or structure, alteration a change or rearrangement in the structural parts or shall mean a change or rearrangement in the structural parts in the existing facilities, or an enlargement whether or in the existing facilities, or an enlargement whether by by extending on a side or by increasing in height, or extending on a side or by increasing in height, or the moving the moving from one (1) location or position to from one location or position to another. another. [p. 134] [p.3] ANIMAL CLINIC OR HOSPITAL: A place where VETERINARY AND ANIMAL CLINIC OR HOSPITAL: An animals or pets are given medical or surgical establishment maintained and operated by a licensed treatment and the boarding of animals is limited to veterinarian for the diagnosis and treatment of diseases and short term care incidental to the clinic or hospital use. injuries of animals and the boarding of animals receiving [p. 134] veterinary services. [p.17] ARTS CRAFTS, ANTIQUES/COTTAGE INDUSTRIES: A customary home occupation which combines the knowledge and principles of art with the manual skill of preparing items for sale or barter (excluding automotive vehicles). [p. 134] ASSISTED LIVING FACILITY: An "assisted living ASSISTED LIVING RESIDENCE: As defined in G.L. c. 19D, § 1, residence" as defined in 651 CMR 12.02. and certified by the Massachusetts Department of Elder [p. 134] Affairs under 651 CMR 12.00. [p.9] BED AND BREAKFAST ESTABLISHMENT: BED AND BREAKFAST: A transient lodging establishment Accommodations with not more than four bedrooms located in or on the same premises as an owner-occupied occupied by bed and breakfast guests in which the single-family dwelling, primarily engaged in providing owner of the establishment resides. Bed and overnight or temporary lodging in up to four guest rooms for breakfasts are intended for guests on intermittent the general public, and which may provide meals for visits, and shall not be used as long-term rental units compensation. or apartments. All parking for residents and guests [p.10] shall be off-street. [p. 134] BOARD OF APPEALS: The Board of Appeals ZONING BOARD OF APPEALS: The Zoning Board of Appeals

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 261 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 established or operating in the Town of Tewksbury (ZBA) in the Town of Tewksbury pursuant to G.L. c. 40A, § 12 pursuant to M.G.L. c. 40A, or any amendment or any amendment thereof, or in addition thereto. thereof, or in addition thereto. [p. 134] [p.19] BOARDING OR LODGING HOUSE: A dwelling in which BOARDING HOUSE OR LODGING: A dwelling in which more more than five (5) unrelated persons are housed or than five unrelated people are housed or lodged by the day, lodged by the day, week or month, either with or week, or month, either with or without meals. without meals. [p. 134] [p. 10] BUILDING: An independent structure having a roof BUILDING. The following terms and definitions pertain to supported by columns, or walls, resting on its own Buildings. (See also, STORY and STORY, HALF.) foundations, and designed for the shelter, housing, or BUILDING: An independent structure having a roof enclosure of persons, animals or property of any kind. supported by columns, or walls, resting on its own [p. 134] foundations, and designed for the shelter, housing, or enclosure of persons, animals, or property of any kind. [p.3] BUILDING COMMISSIONER: The Administrative chief BUILDING COMMISSIONER: The administrative chief of the of the building department in a municipality who is building department, meeting the minimum qualifications in charged with the administration and enforcement of G.L. c. 143, § 3 and certified in accordance with 780 CMR R7, 780 CMR. All building commissioners shall meet or with responsibility for administering and enforcing 780 CMR exceed the minimum qualifications for the position as in the Town of Tewksbury. defined in M.G.L. c. 143, s. 3 and shall be certified in [p.4] accordance with 780 CMR R7. [p. 134] BUILDING COVERAGE: That percentage of the lot or BUILDING COVERAGE: The percentage of the lot or plot area plot area covered by the roof area of a building or covered by the roof area of a building or buildings. buildings. [p. 134] [p.4] BUILDING HEIGHT: The height of a building shall be BUILDING HEIGHT: The height of a building measured as the the vertical distance from the grade plane to the vertical distance from the grade plane to the highest point of highest point of the roof. Not included are spires, the roof. Not included are spires, cupolas, antennae, or cupolas, antennae, or similar parts of structures similar parts of structures which do not enclose potentially which do not enclose potentially habitable floor habitable floor space. space. [p. 134] [p.4] BUILDING, PRINCIPAL: A building in which is BUILDING, PRINCIPAL: A building in which is conducted the conducted the main or principal use of the lot on main or principal use of the lot on which the building is which said building is situated. [p. 134] situated. [p.4]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 262 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 BUSINESS OR PROFESSIONAL OFFICE: A building or BUSINESS OR PROFESSIONAL OFFICE: A building or part part thereof for the transaction of business or the thereof for the transaction of business or the provision of provision of services exclusive of the receipt, sale, services exclusive of the receipt, sale, storage, or processing storage, or processing of merchandise, including, but of merchandise, including, but not limited to, offices of banks not limited to, offices of banks and financial and financial institutions, medical offices, medical clinics, and institutions, medical offices, medical clinics, and others. others. [p. 135] [p.4] CAR WASH: Any building or premises or portions CAR WASH: Any building or premises or portions thereof thereof charging a fee for washing automobiles, or charging a fee for washing automobiles, or offering such offering such service accessory to a commercial service accessory to a commercial operation. operation. [p. 135] [p.4] CHILD CARE: A day care center or a child care CHILD CARE OR DAY CARE. The following terms and program, as those terms are defined in M.G.L. c. 28A, definitions pertain to day care facilities for children: s. 9. CHILD CARE CENTER: As defined in G.L. c. 15D, s. 1A and [p. 135] licensed by the Commonwealth of Massachusetts. FAMILY CHILD CARE HOME: A private residence, licensed by the Commonwealth of Massachusetts to provide care for up to 6 children, which on a regular basis receives children under 7, or children under 16 with special needs, for temporary custody and care during part or all of the day, as defined in G.L. c. 15D, § 1A. FAMILY CHILD CARE HOME, LARGE: A family child care home as defined in G.L. c. 15D, § 1A, licensed to provide care for up to 10 children. [p.4] CLEARING: The removal and/or cutting of trees, CLEARING: The removal and/or cutting of trees, shrubs, shrubs, bushes, or bush. Clearing shall also including bushes, or bush, or grubbing. grubbing. [p. 135] [p.4] CLUB OR LODGE: Buildings, structures and premises used by a nonprofit social or civic organization, or by an organization catering exclusively to members and their guests for social, civic, recreational, or athletic purposes which are not conducted primarily for gain and provided there are no vending stands,

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 263 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 merchandising, or commercial activities except as may be required generally for the membership and purposes of such organization. [p. 135] CLUSTER DEVELOPMENT: A subdivision to be developed as an entity by a land owner or owners in a manner where exempting his plan from the lot area and frontage requirements of this By-Law will result in preserving open space and result in a more efficient use of land. [p. 135] COMMERCIAL MOBILE RADIO SERVICE/MOBILE TELECOMMUNICATIONS PROVIDERS: A personal wireless service, unlicensed wireless services and common carrier wireless exchange access service, the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct- to-home satellite services. [p. 135] COMMERCIAL RECREATION, INDOOR: A structure COMMERCIAL RECREATION, INDOOR: A structure for for recreational, social or amusement purposes, recreational, social, or amusement purposes, which may which may include as an accessory use the include as an accessory use the consumption of food and consumption of food and drink, including all drink, including all connected rooms or space with a common connected rooms or space with a common means of means of egress and entrance. Places of assembly shall egress and entrance. Places of assembly shall include include theatres, concert halls, dance halls, skating rinks, theatres, concert halls, dance halls, skating rinks, bowling alleys, health clubs, dance studios, or other bowling alleys, health clubs, dance studios, or other commercial recreational centers conducted for or not for commercial recreational centers conducted for or not profit. [p.4] for profit. [p. 135] COMMERCIAL RECREATION, OUTDOOR: Drive-in COMMERCIAL RECREATION, OUTDOOR: Drive-in theatre, theatre, golf course/driving range, bathing beach, golf course/driving range, bathing beach, sports club, sports club, horseback riding stable, boathouse, game horseback riding stable, boathouse, game preserve, marina preserve, marina or other commercial recreation or other commercial recreation carried on in whole or in part carried on in whole or in part outdoors, except those outdoors, except those activities more specifically designated activities more specifically designated in this By-Law. in this Bylaw.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 264 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 [p. 135] [p.4] COMMERCIAL VEHICLE, LIGHT: Any vehicle under COMMERCIAL VEHICLE, LIGHT: Any vehicle under 10,000 10,000 lbs. gross vehicle weight which is used in lbs. gross vehicle weight which is used in construction or construction or other commercial enterprise. This other commercial enterprise. This does not include other does not include other equipment used for equipment used for landscaping and/or construction or cube landscaping and/or construction or cube vans, vans, step vans, or buses. stepvans and buses. [p. 135] [p.4] COMMERCIAL VEHICLE, HEAVY: Any vehicle over COMMERCIAL VEHICLE, HEAVY: Any vehicle over 10,000 lbs. 10,000 lbs. gross vehicle weight which is used in gross vehicle weight which is used in construction or other construction or other commercial enterprise. This commercial enterprise. This includes, but is not limited to, includes, but is not limited to, other equipment used other equipment used for landscaping and/or construction for landscaping and/or construction or cube vans, or cube vans, step vans, and buses. stepvans and buses [p. 135] [p.4] COMMUNITY DEVELOPMENT USE: A structure or combination of structures containing an adult day care facility, or an independent living facility, or an assisted living facility, or a long term care facility. [p. 136] CONTRACTOR'S YARD: Land used for the storage of CONTRACTOR'S YARD: Land used for the storage of commercial construction equipment, materials, and commercial construction equipment, materials, and supplies supplies and for the parking of registered commercial and for the parking of registered commercial vehicles. vehicles. [p. 136] [p.4] CORNER LOT: A lot bounded by more than one (1) CORNER LOT: See LOT. street which has an interior angle of 135 degrees or CORNER LOT: A lot bounded by more than one street which less formed by the tangents or straight segments of has an interior angle of 135 degrees or less formed by the street lines between the side or rear lines of such a tangents or straight segments of street lines between the lot or by an extension of such street lines. A lot side or rear lines of such a lot or by an extension of such bounded by one street shall be considered a corner street lines. A lot bounded by one street shall be considered lot when the tangents or straight segments of the a corner lot when the tangents or straight segments of the street line between the side lines of the lot form, or street line between the side lines of the lot form, or would would form if extended, an interior angle of 105 form if extended, an interior angle of 105 degrees or less. degrees or less. [p. 136] [pp.10-11] DAILY VEHICULAR TRIP: A single or one-direction

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 265 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 vehicle movement with either the origin or the destination (exiting or entering) inside a study site. [p. 136] DAY CARE, ADULT: A social day care or adult day ADULT DAY CARE: A social day care or adult day health health facility as those terms are defined by the facility as those terms are defined by the Massachusetts Commonwealth's Department of Elder Affairs. Department of Elder Affairs. [p. 136] [p.2] DAY CARE, FAMILY: Any private residence which on a (SEE CHILD CARE ABOVE) regular basis receives for temporary custody and care [p.4] during part or all of the day, as defined in M.G.L. c. 28A, s.9. [p. 136] DEBRIS: Accumulated fragments, ruins, or rubbish. DEBRIS: Accumulated fragments, ruins, or rubbish; used In addition to this usual meaning shall also include motor vehicle and heavy equipment parts; or demolition but not be limited to the following: used motor materials from buildings and other structures. vehicle and heavy equipment parts and demolition [p.5] materials from buildings and other structures. [p. 136] DRIVE THROUGH FACILITY: A commercial facility DRIVE-THROUGH SERVICE: A commercial facility that which provides a service directly to a motor vehicle or provides a service directly to a motor vehicle or where the where the customer drives a motor vehicle onto the customer drives a motor vehicle onto the premise and premise and service is provided to the customer service is provided to the customer through a window or through a window, mechanical device or by an agent mechanical device, or by an agent of the facility without the of the facility without the customer exiting the customer exiting the vehicle. This shall not include the selling vehicle. This shall not include the selling of fuel at a of fuel at a gasoline filling station or the accessory functions gasoline filling station or the accessory functions of a of a carwash facility such as vacuum cleaning stations. carwash facility such as vacuum cleaning stations. [p.5] [p. 136] DWELLING UNIT: One or more rooms providing DWELLING UNIT: One or more rooms providing complete complete living facilities for one family, including living facilities for one family, including equipment for equipment for cooking or provisions for the same and cooking or provisions for the same and including room or including room or rooms for living, sleeping, and rooms for living, sleeping, and eating. eating. [p. 136] [p.5] DWELLING: A building, or portion thereof, designed DWELLINGS. The following terms and definitions shall apply

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 266 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 exclusively for residential occupancy, including single- to the variety of Dwellings provided for in this Bylaw. (See family, two-family, or multiple family dwelling also, HOUSING FOR OLDER ADULTS.) (apartments), but not including hotels, motels, DWELLING: A building, or portion thereof, designed boarding homes, trailers, or structures primarily for exclusively for residential occupancy, including single-family, transient or overnight occupancy. Single- and two-family, or multiple family dwelling (apartments), but not two-family dwellings shall be designed for and including hotels, motels, boarding homes, trailers, or occupied by not more than one (1) or two (2) structures primarily for transient or overnight occupancy. families, respectively. [p. 136] [p.5] DWELLING, MULTIFAMILY: A building containing DWELLING, MULTIFAMILY: A building containing three or three or more dwelling units. [p. 136] more dwelling units. [p.5] DWELLING, SINGLE-FAMILY DETACHED: A detached building designed exclusively for occupancy by one family. [p.5] DWELLING, TOWNHOUSE: A one-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access, light, and ventilation. [p.5] DWELLING, TWO-FAMILY: A building designed as a single structure, containing two separate living units, each of which is designed to be occupied as a separate permanent residence for one family. [p.5] DWELLING, MULTIFAMILY/55: A building containing three or more dwelling units; provided, however, that one hundred percent (100%) of the housing units shall be occupied by means of fee simple ownership, and/or by lease agreement, by persons who have attained the age of fifty-five (55) or older, unless the spouse of such person age 55 or older is under 55, and/or such person who has attained the age of 55 or older has sole or joint custody of a person under the age of 55. [pp. 136, 137] EARTH REMOVAL: Extraction of sand, gravel, top soil, EARTH REMOVAL: Extraction of sand, gravel, top soil, or or other earth for sale or for use at a site removed other earth for sale or for use at a site removed from the

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 267 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 from the place of extraction exclusive of the grading place of extraction exclusive of the grading of a lot of a lot preparatory to the construction of a building preparatory to the construction of a building for which a for which a building permit has been issued, or the building permit has been issued, or the grading of streets in grading of streets in accordance with an approved accordance with an approved definitive plan, and exclusive definitive plan, and exclusive of granite operations. of granite operations. [p. 137] [p.5] EARTH MOVING: The moving within, removal from and/or addition to any lot or parcel of topsoil, borrow, rock, sod, loam, peat, humus, clay, sand, or gravel. [p. 137] EDUCATIONAL PURPOSES, USE OF LAND OR EDUCATIONAL USE, EXEMPT: Exempt activity as set forth in STRUCTURES FOR: Exempt activity as set forth in G.L. c. 40A, § 3. M.G.L. c. 40A, s. 3. [p. 137] [p.5] EDUCATIONAL PURPOSES, NONEXEMPT: EDUCATIONAL USE, NONEXEMPT: Educational facilities not Educational facilities not exempted from regulation exempt from zoning under G.L. c. 40A, § 3. by M.G.L. c. 40A, s. 3. [p. 137] [p.5] ELDERLY CONGREGATE LIVING FACILITY: An Elderly CONGREGATE RESIDENCE FOR OLDER ADULTS: A Congregate Living Facility for persons 55 and over, congregate living residence for people 55 and over, containing independent living quarters suitable for containing independent living quarters suitable for single- or single or double person occupancy. Within an elderly double-person occupancy, with centralized kitchen and congregate living facility, residents shall be provided common dining facilities and limited cooking facilities in limited assistance with daily living activities and private rooms or suites. Residents receive limited services personal care services such as laundry, housekeeping such as laundry, housekeeping, and transportation. and transportation but not including personal Congregate living residences may also include full dwelling hygiene, nursing or other medical services. The living units with kitchens for occupancy by older adults or by on- quarters are not required to have a stove in the site personnel and management, and such dwelling units kitchen area, but shall include counter space, may be contained in attached or detached buildings. cabinets, sink, refrigerator, and an outlet and space [p.10] for a microwave oven. An elderly congregate living facility shall have centralized kitchen and dining facilities. The centralized kitchen shall be fully CONTINUING CARE RETIREMENT COMMUNITY (CCRC): A functioning and staffed to provide to the occupants of residential community for people 62 years and over, the facility three prepared meals per day, seven days guaranteeing lifetime housing, social and leisure activities,

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 268 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 a week. The centralized kitchen and dining facilities and increased levels of care as needs change with age. A shall be adequately sized to accommodate the CCRC provides a tiered approach to senior residential living. number of occupants of the facility. Adequate shared It typically includes independent living units such as single- complete kitchens must be accessible for personal family homes and multifamily apartments or condominiums, use by the occupants of the facility. together with an assisted living/memory care component In addition to independent living quarters as defined and skilled nursing care. above, such facility may also contain full dwelling [p.10] units with kitchens for occupancy by elderly residents or by on-site personnel and management, and such dwelling units may be contained in attached or detached buildings. [p. 137] ERECT: To build, construct, reconstruct, move upon, ERECT: To build, construct, reconstruct, move upon, or or conduct any physical development of the premises conduct any physical development of the premises required required for a building; to excavate, fill, drain, and the for a building; to excavate, fill, drain, and the like preparation like preparation for building shall also be considered for building shall also be considered to erect. to erect. [p. 137] [p.6] ESSENTIAL SERVICES: Services provided by a public ESSENTIAL SERVICES: Services provided by a public service service corporation or by governmental agencies corporation or by governmental agencies through erection, through erection, construction, alteration, or construction, alteration, or maintenance of gas, electrical, maintenance of gas, electrical, steam, or water or steam, or water or sewer transmission or distribution and sewer transmission or distribution and collection collection systems, communication, supply, or disposal systems, communication, supply, or disposal systems systems whether underground or overhand, but not whether underground or overhand, but not including including wireless communications facilities. Facilities wireless communications facilities. Facilities necessary for the provision of essential services include necessary for the provision of essential services poles, wires, drains, sewers, pipes, conduits, cables, fire include poles, wires, drains, sewers, pipes, conduits, alarm boxes, police call boxes, traffic signals, hydrants and cables, fire alarm boxes, police call boxes, traffic other similar equipment in connection therewith. signals, hydrants and other similar equipment in [p.5] connection therewith. [p. 137] FAMILY: Any number of individuals living together on FAMILY: Any number of individuals living together on the the premises of a single housekeeping unit. [p. 137] premises of a single housekeeping unit. [p.6] FAMILY SUITE: An accessory dwelling unit located FAMILY SUITE: An accessory dwelling unit located within a within a single family dwelling subordinate in size to single-family dwelling subordinate in size to the principle unit

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 269 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 the principle unit and separated from it in a manner and separated from it in a manner that maintains the that maintains the appearance of a single family appearance of a single-family dwelling. Occupancy of the dwelling. Brothers, sisters, maternal parents and family suite shall be limited to family members of the grandparents, paternal parents and grandparents, in- resident household. laws and or children of the residing owners of the [p.5] principle dwelling unit may only occupy the family suite. [p. 138] FARM STAND, EXEMPT: Sale of farm products on a FARM STAND, EXEMPT: Sale of farm products on a parcel of parcel larger than five acres, provided that during the five acres, provided that during the months of June, July, months of June, July, August, and September of every August, and September of every year, or during the harvest year, or during the harvest season of the primary season of the primary crop, the majority of such products for crop, the majority of such products for sale, based on sale, based on either gross sales dollars or volume, have either gross sales dollars or volume, have been been produced by the owner of the land containing five or produced by the owner of the land containing more more acres in area on which the facility is located; or to than five acres in area on which the facility is located. parcels two acres or more if the sale of products produced [p. 138] from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in areas not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as one parcel. [p.6] FARM STAND, NONEXEMPT: Facility for the sale of FARM STAND, NONEXEMPT: Facility for the sale of produce, produce, wine and dairy products on property not wine, and dairy products on property not exempted by G.L. c. exempted by M.G.L. c. 40A, s. 3. [p. 138] 40A, § 3. [p.6] FIRM: Flood Insurance Rate Map(s). [p. 138] FLOODPLAIN: Those areas of land adjacent to the FLOODPLAIN: See Floodplain District rivers, streams, and other water courses in the Town [pp.6-8] which experience frequent regular or periodic flooding. [p. 138] FRONTAGE: The lot line coinciding with the sideline FRONTAGE: See LOT. of a street which provides both legal rights of FRONTAGE, LOT: The lot line coinciding with the sideline of

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 270 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 vehicular access and physical vehicular access to the a street which provides both legal rights of vehicular access lot, said line to be measured continuously along a and physical vehicular access to the lot, said line to be single street or along two (2) intersecting streets if measured continuously along a single street or along two their angle of intersection is greater than one intersecting streets if their angle of intersection is greater hundred and twenty (120) degrees. Vehicular access than 120 degrees. Vehicular access to a building site on the to a building site on the lot shall be exclusively lot shall be exclusively through the legal frontage of the lot. through the legal frontage of the lot. [p. 138] [p.10] FRONT LINE: A line drawn parallel to and along the FRONT BUIDING LINE: A line drawn parallel to and along the front wall of a building extended to the property line. front wall of a building extended to the property line. [p. 138] [p.8] FUNERAL HOME: Facility for the conducting of FUNERAL HOME: Facility for the conducting of funerals and funerals and related activities such as embalming. related activities such as embalming. [p. 138] [p.8] GAME COURT: Any specially prepared play area GAME COURT: Any specially prepared play area whose whose surface, topography, size, shape and surface, topography, size, shape, and configuration are configuration is associated with recreational games, associated with recreational games such as basketball, such as basketball, volleyball, badminton, tennis, volleyball, badminton, tennis, horseshoes, and archery. horseshoes and archery. Such term shall not include [p.8] golf courses or walking and jogging trails. [p. 138] GARAGE FOR AUTOMOTIVE STORAGE: A structure GARAGE FOR AUTOMOTIVE STORAGE: See MOTOR which is accessory to a commercial or industrial VEHICLE USES. establishment and is primarily for the parking and GARAGE FOR AUTOMOTIVE STORAGE: A structure which is storage of vehicles operated by the customers, accessory to a commercial or industrial establishment and is visitors and employees of such an establishment. primarily for the parking and storage of vehicles operated by [p. 138] the customers, visitors, and employees of such an establishment. [p.14]

GAS STATION or AUTOMOTIVE REFUELING STATION: Any building, structure, or area of land used for the retail sale of automobile fuels, oils, and accessories, where repair service, if any, is incidental; excluding storage of abandoned motor vehicles on the premises. May include the sale of propane or kerosene as accessory uses. [p.14]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 271 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 GOLF COURSE: A course laid out for the sport of golf which may include accessory and incidental uses such as a function hall, snack bar, restaurant, club house, tennis courts, and the like. GRADE PLANE: A reference plane representing the GRADE PLANE: A reference plane representing the average average of finished ground level adjoining the of finished ground level adjoining the building at all exterior building at all exterior walls. Where the finished walls. Where the finished ground level slopes away from the ground level slopes away from the exterior walls, the exterior walls, the reference plane shall be established by the reference plane shall be established by the lowest lowest points within the area between the building and the points within the area between the building and the lot line or, where the lot line is more than six feet from the lot line or, where the lot line is more than six feet building, between the building and a point six feet from the from the building, between the building and a point building. six feet from the building. [p. 138] [p.8] GROUP HOME or RESIDENTIAL CARE FACILITY: A facility operating under a state license to provide primarily nonmedical residential services to one or more unrelated individuals on a 24-hour per day basis, who by reason of illness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves; including substitute care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment. [p.5] GRUBBING: The removal of stumps and/or roots GRUBBING: The removal of stumps and/or roots from the from the soil. [p. 138] soil. [p.9] HOME OCCUPATION: A business, other than retail HOME OCCUPATION: A business that is clearly and sales, which is clearly customarily incidental to, and customarily incidental to, and conducted within, a dwelling conducted with in a dwelling unit or in a building or unit or in a building or other structure accessory thereto, by other structure accessory thereto, by a resident a resident thereof, such as a room or rooms as a professional thereof, such as a room or rooms as a professional office or personal service or a studio or for other customary office or studio or for a customary home occupation home occupation. and employing not more than one employee. [p.9] [p. 139] HOSPITAL: An institution providing primary health HOSPITAL: An institution providing primary health services

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 272 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 services and medical or surgical care to persons, and medical or surgical care to persons, primarily inpatients, primarily inpatients, suffering from illness, disease, suffering from illness, disease, injury, and other conditions, injury and other conditions, and related facilities, and related facilities, such as laboratories, outpatient such as laboratories, outpatient facilities, training facilities, training facilities, offices, and staff residences. facilities, offices, and staff residences. [p. 139] [p.9] HOTEL: A building intended and designed primarily HOTEL: See LODGING. for transient or overnight occupancy, divided into HOTEL: A building intended and designed primarily for separate units within the same building and with or transient or overnight occupancy, divided into separate units without public dining facilities. within the same building, with or without public dining [p. 139] facilities, with access to units primarily from interior lobbies, INTERIOR DRIVEWAY: A travel lane located within courts, or halls. [p.10] the perimeter of a parking lot which is not used to directly enter or leave parking spaces. An interior INTERIOR DRIVEWAY: A travel lane located within the driveway shall not include any part of the access perimeter of a parking lot which is not used to directly enter driveway. or leave parking spaces, and which is exclusive of any part of [p. 139] the access driveway. [p.10]

ITINERANT ROADSIDE VENDING: The periodic sale of merchandise or goods on a lot including, but not limited to, sales from a vehicle parked on a lot. [p. 139] JUNKYARD OR AUTOMOBILE SALVAGE YARD: The JUNKYARD OR AUTOMOBILE SALVAGE YARD: The use of use of any area or any lot, whether inside or outside any area or any lot, whether inside or outside of a building, of a building, for the storage, keeping, or for the storage, keeping, or abandonment of junk, scrap, or abandonment of junk, scrap or discarded materials, discarded materials, or the dismantling, demolition, or or the dismantling, demolition, or abandonment of abandonment of automobiles, other vehicles, machinery, or automobiles, other vehicles, machinery, or parts parts thereof. thereof. [p. 139] [p.10] KENNEL, COMMERCIAL: A commercial establishment KENNEL, COMMERCIAL: A commercial establishment in in which more than three (3) dogs or domesticated which more than three dogs or domesticated animals are animals are housed, groomed, bred, boarded, trained housed, groomed, bred, boarded, trained, or sold; with or or sold located on at least five (5) acres of land. without outdoor training facilities.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 273 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 [p. 139] [p.10]

LIGHT MANUFACTURING: Fabrication, assembly, processing, finishing work or packaging. [p. 139] LIMOUSINE OR TAXICAB BUSINESS: A facility or LIMOUSINE OR TAXICAB BUSINESS: A facility or terminal terminal making available for hire a limousine, making available for hire a limousine, taxicab, van, or livery taxicab, van or livery business. [p. 139] business. [p.10] LIVE-WORK UNIT: Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. [p.5]

LOT: A parcel of land used or set aside and available LOT. The following terms and definitions pertain to Lots: for use as site of one (1) or more buildings and LOT: A parcel of land used or set aside and available for use buildings accessory thereto or for any other definite as the site of one or more buildings and buildings accessory purpose, in one ownership and not divided by a thereto or for any other definite purpose, in one ownership street, nor including any land within the limits of a and not divided by a street, nor including any land within the public or private way upon which lot abuts. [p. 139] limits of a public or private way upon which lot abuts. [p.10]

LOT COVERAGE: The projected area of space in all buildings on the lot, including all roof overhangs. [p. 139] MAJOR COMMERCIAL PROJECT. Any nonresidential development proposed for construction that has any of the following attributes: 1. 10,000 gross square feet of structures(s); 2. Any addition to an existing structure causing such structure to exceed 10,000 gross square feet; 3. 250 or more vehicle trips per day as calculated using the Institute of Traffic Engineer’s Trip Generation Manual or other method acceptable to the Planning Board.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 274 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 [pp. 139, 140] MAJOR RECREATIONAL EQUIPMENT: Campers, trailers or other recreational vehicles. [p. 140] MANEUVERING AISLE: A travel lane located within MANEUVERING AISLE: A travel lane located within the the perimeter of a parking lot by which motor perimeter of a parking lot by which motor vehicles directly vehicles directly enter and leave parking spaces. enter and leave parking spaces. [p. 140] [p.11]

MANUFACTURING: A use engaged in the basic MANUFACTURING: A use engaged in basic processing and processing and manufacturing of materials, or the manufacturing of materials, or the manufacture from manufacture from previously prepared materials, of previously prepared materials, of finished products or parts, finished products or parts, including processing, including processing, fabrication, assembly, treatment, fabrication, assembly, treatment, packaging, finishing work, packaging, incidental storage, sales and incidental storage, sales and distribution of such distribution of such products. products, but not including any type of uses expressly [p.11] prohibited by this bylaw, such as but not limited to uses prohibited under Section 3105. [p. 140] MAJOR PROJECT, TOWN CENTER: Any development of 25,000 square feet or more. [p.11] MASSAGE SERVICE ESTABLISHMENTS: The term MASSAGE SERVICE ESTABLISHMENT: Any building, room, "Massage" shall mean any method of pressure on or place, or establishment other than a regularly licensed friction against, or stroking, kneading, rubbing, hospital or dispensary where nonmedical and nonsurgical tapping, pounding, vibrating, or stimulating of manipulative exercises are practiced on the human body for external parts of the human body with the hands or other than cosmetic or beautifying purposes with or without with the aid of any mechanical or electric apparatus the use of mechanical or bathing devices by anyone not a or appliances, with or without such supplementary physician or surgeon or similarly registered status. aids as rubbing alcohol, liniments, antiseptics, oils, [p.13] powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage under such circumstances that it is reasonably expected that the person to whom the service is provided, or some third person on his or her behalf, will pay money or give any other

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 275 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 consideration or any gratuity therefore. The practice of massage shall not include the following individuals while engaged in the personal performance of duties of their respective professions: Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the Commonwealth of Massachusetts; Nurses who are registered under the Laws of the Commonwealth of Massachusetts; Barbers and beauticians who are duly licensed under the laws of the Commonwealth of Massachusetts, except that this exclusion shall apply solely to the massage of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes. [p. 140] MASSAGE THERAPY (LICENSED): The practice and MASSAGE THERAPY (LICENSED): The practice and license of license of Massage Therapy as described in the Massage as defined in 269 CMR 2.00. No person shall engage Tewksbury Board of Health Regulations for or hold himself/herself out as being engaged in the practice Practitioners of Massage Therapy. No person shall of Massage Therapy without a license issued by the engage or hold himself/herself out as being engaged Commonwealth of Massachusetts. in the practice of Massage Therapy without a license [p.13] issued by the Tewksbury Board of Health. [p. 140] MEDICAL CENTER OR CLINIC: A building designed MEDICAL CENTER OR CLINIC: A building designed and used and used for the diagnosis and treatment of human for the diagnosis and treatment of human patients that does patients that does not include overnight care not include overnight care facilities. facilities. [p. 140] [p.13] MEMBERSHIP CLUB, CIVIC, SOCIAL, PROFESSIONAL MEMBERSHIP ORGANIZATION, CLUB OR LODGE: Buildings, OR FRATERNAL ORGANIZATION: Buildings, structures, and premises used by a nonprofit social or civic structures and premises used by a nonprofit social or organization, or by an organization catering exclusively to civic organization, or by an organization catering members and their guests for social, civic, recreational, or exclusively to members and their guests for social, athletic purposes which are not conducted primarily for gain

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 276 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 civic, recreational, or athletic purposes which are not and provided there are no vending stands, merchandising, or conducted primarily for gain and provided there are commercial activities except as may be required generally for no vending stands, merchandising, or commercial the membership and purposes of such organization. activities except as may be required generally for the [p.13] membership and purposes of such organization. [p. 140] MIXED USE OR MIXED-USE DEVELOPMENT: A building containing more than one use or a development with two or more buildings containing more than one use. For a mixed- use building in a nonresidential district, the ground floor of the front façade shall be used for allowed nonresidential uses only. [p.14] MOBILE HOME: Any vehicle without motor power MOBILE HOME: Any vehicle without motor power designed, designed, constructed, reconstructed or added to by constructed, reconstructed or added to by means of means of accessories in a manner to permit the use accessories in a manner to permit the use and occupancy and occupancy thereof as a one family dwelling unit; thereof as a one family dwelling unit; whether resting on whether resting on wheels, foundation structures, or wheels, foundation structures, or other support; but other support; but constructed so as to permit its constructed so as to permit its occasional movement over a occasional movement over a street or highway. street or highway. [pp. 140-141] [p.14]

MOBILE PARKED FOOD SERVICE: A mobile facility for the sale of food or beverages. [p. 141] MOTEL: A building intended and designed primarily MOTEL: See LODGING for transient or overnight occupancy, divided into MOTEL: A building intended and designed primarily for separate units within the same building, with or transient or overnight occupancy, divided into separate units without public dining facilities, and characterized by within the same building, with or without public dining direct access to every unit from an automobile, facilities, and characterized by direct access to every unit parking spaces or facility (includes motor hotels and from an automobile, parking spaces, or facility (includes motor inns). [p. 141] motor hotels and motor inns). [p.10] MOTOR VEHICLE GENERAL AND BODY REPAIR MOTOR VEHICLE GENERAL AND BODY REPAIR SERVICES: An SERVICES: An establishment, garage or work areas establishment, garage or work areas enclosed within a enclosed within a building for the servicing and building for the servicing and repair of motor vehicles, but

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 277 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 repair of motor vehicles. The term "motor not including (1) installing new parts or accessories that are vehicle general and body repair services "means the not replacements for existing parts or accessories (e.g., services of mending or bringing back to working customizing), or (2) towing or storing a motor vehicle, or (3) order the body or any operating parts of a motor storage of vehicles for the cannibalization of vehicle parts, or vehicle that was broken, damaged, malfunctioning (4) fuel sales, or (5) indoor or outdoor sale and rental of or defective. The term "motor vehicle general and motor vehicles, box truck, cargo van, motorcycle, trailer, all- body repair services" also includes the services of terrain vehicle, snowmobile, boat or personal water craft. restoring, rebuilding or replacing any motor, [p.14] engine, working parts, accessories, body or interior of the motor vehicle. The term "motor vehicle general and body repair services" also includes all maintenance services that keep a motor vehicle in good working order, including but not limited to replacing vehicle fluids (e.g., oil or coolant), lubricating the chassis, diagnostic testing, replacing spark plugs and filters, rotating tires, recharging the air conditioning system, rust proofing, painting or repainting, and applying fabric protection or paint sealant. The term "motor vehicle general and body repair services" does not include (1} the service of installing new parts or accessories that are not replacements for existing parts or accessories (e.g., customizing), (2} the service of towing or storing a motor vehicle, (3} the storage of vehicles for the cannibalization of vehicle parts, (3) fuel sales, and (4) the indoor or outdoor sale and rental of motor vehicles, box truck, cargo van, motorcycle, trailer, all-terrain vehicle, snowmobile, boat or personal water craft. [p. 141] MOTOR VEHICLE LIGHT SERVICE: Premises for the MOTOR VEHICLE ROUTINE MAINTENANCE: Premises for the supplying of fuel, oil, lubrication, washing, or minor supplying of fuel, oil, lubrication, washing, or minor repair repair services, but not to include body work, services, but not to include body work, painting, or major

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 278 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 painting, or major repairs. [p. 141] repairs. [p.14] MOTOR VEHICLE, MOTORCYCLE, TRAILER, SNOWMOBILE, OR BOAT SALES AND RENTAL: The indoor or outdoor sales or rental of the listed commodities. [p. 141] MUNICIPAL FACILITY: Any use of land or structures MUNICIPAL FACILITY: Any use of land or structures owned owned by the Town of Tewksbury. Such facilities by the Town of Tewksbury. shall be exempt from all dimensional requirements [p.14] set forth in this By-Law. [p. 141] NONCONFORMING USE OR STRUCTURE: A building, structure, or use of land as set forth in M.G.L. c. 40A, s. 6. [p. 141] NURSING HOME: Any place or institution for aged, NURSING HOME: Any place or institution for aged, infirm, infirm, chronic or convalescent, whether conducted chronic or convalescent, whether conducted for charity or for charity or for profit, which is established to render for profit, which is established to render domiciliary care, domiciliary care, custody, treatment and/or lodging custody, treatment, or lodging of three or more unrelated of three (3) or more unrelated persons who require persons who require or receive assistance in ordinary daily or receive assistance in ordinary daily activities of life, activities of life, or who are confined to bed or chair. As used or who are confined to bed or chair. (This term in this Bylaw, “nursing home” shall not include hospitals, includes boarding and rooming houses for aged clinics, and similar institutions devoted primarily to the people, convalescent homes, rest homes, homes for diagnosis and treatment of disease or injury, maternity the aged or infirm, convalescent homes for children, cases, or mental illness. and the like; but does not include hospitals, clinics, and similar institutions devoted primarily to the [p.14] diagnosis and treatment of disease or injury, maternity cases or mental illness). [p. 141] OBJECTIONABLE FEATURE: Any situation or condition on a lot which will devalue or otherwise impair the neighborhood, structure, or a condition not commonly found on similar properties or take any action thereto. [p. 142] ONE HUNDRED YEAR FLOOD: The flood that has a ONE HUNDRED YEAR FLOOD: The flood that has a one one percent chance of being equaled or exceeded in percent chance of being equaled or exceeded in any given

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 279 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 any given year, as shown on the base flood elevation year, as shown on the base flood elevation designated on the designated on the FIRM. [p. 142] Flood Insurance Rate Maps. [p.14] OVERLAY DISTRICT: A zoning district which is superimposed on other zoning districts and whose regulations are supplementary to those of the zoning districts so overlaid. Any uses permitted on the portions of districts so overlaid shall be permitted subject to the provisions contained in the overlay district. [p. 142] PARKING AREA: A public parking area or a private PARKING AREA: A public parking area or a private parking parking area that is open to the parking of motor area that is open to the parking of motor vehicles by vehicles by customers and employees of an customers and employees of an establishment. establishment. [p. 142] [p.14]

PARKING STALL LENGTH OF LINE: The longitudinal dimension of the stall measured parallel to the angle of parking. [p. 142] PERSON: Shall include an individual corporation, PERSON: Shall include an individual corporation, society, society, association, partnership, trust or other entity, association, partnership, trust, or other entity, public or public or private. [p. 142] private. [p.14] PERSON WITH A DISABILITY: one who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. [p.14] PERSONAL SERVICE ESTABLISHMENT: A facility PERSONAL SERVICE ESTABLISHMENT: A facility providing providing personal services such as hair salon, barber personal services such as hair salon, barber shop, tanning shop, tanning beds, dry cleaning, print shop, beds, dry cleaning, print shop, photography studio, and the photography studio, and the like. [p. 142] like. [p.14] PET SERVICES - INDOOR: Animal grooming; pet stores; indoor animal training centers; animal day-care; or similar services, operated on a day-time basis only. No overnight boarding of animals shall be allowed, except for animals for

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 280 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 sale by a commercial retail pet store. [p.15] PREMISES: A lot together with all structures, building PREMISES: A lot together with all structures, buildings, and and uses therein. [p. 142] uses therein. [p.15] PRINCIPALLY GARAGED: The principal location PRINCIPALLY GARAGED: The principal location where a where a registered vehicle is garaged as set forth in registered vehicle is garaged as set forth in the the Massachusetts Registry of Motor Vehicles RMV-I Massachusetts Registry of Motor Vehicles RMV-I form, or any form, or any other form promulgated by the other form promulgated by the Commonwealth of Commonwealth of Massachusetts, for the purpose of Massachusetts, for the purpose of registering a motor registering a motor vehicle. [p. 142] vehicle. [p.15] PROFESSIONAL OFFICE: The office of one engaged in PROFESSIONAL OFFICE: The office of one engaged in such such generally recognized professions as physician, generally recognized professions as physician, dentist, dentist, veterinarian, attorney-at-law, engineer, veterinarian, attorney-at-law, engineer, architect, landscape architect, landscape architect, interior designer, and architect, interior designer, and accountant. [p.15] accountant. [p. 142] PUBLIC WAY: Shall include a private way that is open PUBLIC WAY: Shall include a private way that is open to to public use. [p. 142] public use. [p.15] RELIGIOUS PURPOSES, USE OF LAND OR RELIGIOUS USE: Exempt activity as set forth in G.L. c. 40A, § STRUCTURES FOR: Exempt activity as set forth in 3. [p.15] M.G.L. c. 40A, s. 3. [p. 142] REMOVAL OF LOAM, SAND OR GRAVEL: Extraction REMOVAL OF LOAM, SAND OR GRAVEL: Extraction of sand, of sand, gravel, loam, top soil, or other earth for sale gravel, loam, top soil, or other earth for sale or for use at a or for use at a site removed from the place of site removed from the place of extraction exclusive of the extraction exclusive of the grading of a lot grading of a lot preparatory to the construction of a building preparatory to the construction of a building for for which a building permit has been issued, or the grading of which a building permit has been issued, or the streets in accordance with an approved definitive plan, and grading of streets in accordance with an approved exclusive of granite operations. definitive plan, and exclusive of granite operations. [p.15] [p. 142] RESTAURANT: A building, or portion thereof, RESTAURANT: A building, or portion thereof, containing containing tables and/or booths for at least tables or booths for at least two thirds of its legal capacity, two-thirds (2/3) of its legal capacity, which is which is designed, intended and used for the indoor sales designed, intended and used for the indoor sales and and consumption of food prepared on the premises, except consumption of food prepared on the premises, that food may be consumed outdoors in landscaped terraces,

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 281 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 except that food may be consumed outdoors in designed for dining purposes, which are adjuncts to the main landscaped terraces, designed for dining purposes, indoor restaurant facility. which are adjuncts to the main indoor restaurant [p.15] facility. The term "restaurant" shall not include "fast food restaurants." [pp. 142, 143] RESTAURANT, FAST-FOOD: An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption either within the restaurant building or off premises and usually requires ordering food at a counter. [p. 143] RETAIL SALES: A facility selling goods not specifically RETAIL (STORE): The selling of goods and commodities listed in the Table of Use Regulations. [p. 143] directly to the ultimate consumer. [p.15] SEMIDETACHED: Two (2) one-family houses built together at the same time and separated by a fireproof division with no openings. [p. 143]

SERVICE AREA: A room or rooms in a building used to SERVICE AREA: A room or rooms in a building used to house house electrical or mechanical equipment necessary electrical or mechanical equipment necessary to provide to provide central utility service to the building, such central utility service to the building, such as a boiler room. as a boiler room. [p. 143] [p.15] SIGN: Any device designed to inform or attract the SIGN: The following terms and definitions pertain to Signs. attention of persons not on the premises on which (See Section 6.2 SIGNS) the device is located. Any building surfaces other SIGN: Any device designed to inform or attract the attention than windows which are internally illuminated or of persons not on the premises on which the device is decorated with gaseous tube or other lights are located. Any building surfaces other than windows which are considered "signs." The following, however, shall not internally illuminated or decorated with gaseous tube or be considered signs within the context of this other lights are considered "signs." The following, however, ordinance: shall not be considered signs in this Bylaw: (a) Flags and insignia of any government except (a) Flags and insignia of any government except when when displayed in connection with commercial displayed in connection with commercial promotion.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 282 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 promotion. (b) Legal notices, or informational devices erected or (b) Legal notices, or informational devices required by public agencies. erected or required by public agencies. (c) Temporary displays inside windows, covering not more (c) Temporary devices erected for a charitable or than thirty (30) percent of window area, illuminated by religious cause. (Original text deleted as per building illumination only. Attorney General response of August 21, 2002). (d) Standard gasoline pumps bearing thereon in usual size (d) Temporary displays inside windows, covering and form the name, type, and price of gasoline. not more than thirty (30) percent of window area, (e) Integral decorative or architectural features of a building, illuminated by building illumination only. except letters, trademarks, moving parts, or parts internally (e) Standard gasoline pumps bearing thereon in illuminated or decorated with gaseous tube or other lights. usual size and form the name, type, and price of (f) Devices identifying a building as distinct from one (1) or gasoline. more of its occupants, such device being carved into or (f) Integral decorative or architectural features of attached in such a way as to be an integral part of the a building, except letters, trademarks, moving building, not illuminated separate from building illumination, parts, or parts internally illuminated or decorated without color contrasting with sign background, and not with gaseous tube or other lights. exceeding four (4) square feet in area. (g) Devices identifying a building as distinct from (g) Address identification through numerals or letters not one (1) or more of its occupants, such device exceeding three (3) inches in height. being carved into or attached in such a way as to be an integral part of the building, not illuminated [pp.15-17] separate from building illumination, without color contrasting with sign background, and not exceeding four (4) square feet in area. (h) Address identification through numerals or letters not exceeding three (3) inches in height. [p. 143] SIGN, ACCESSORY: Any billboard, sign or other SIGN, ACCESSORY: Any billboard, sign or other advertising advertising device that advertises, calls attention to, device that advertises, calls attention to, or indicates the or indicates the person occupying the premises on person occupying the premises on which the sign is erected which the sign is erected or the business transacted or the business transacted therein, or advertises the therein, or advertises the property itself or any part property itself or any part thereof as for sale or to let, and thereof as for sale or to let, and which contains no which contains no other advertising matter. other advertising matter. [p. 143] [p.16]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 283 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 SIGN, ADULT USE ADVERTISEMENT: An advertising (SEE ADULT USE DEFINITIONS) sign or devise which advertises an adult use establishment, adult bookstore, adult video store, [pp.2,3] adult cabaret, adult paraphernalia store, or adult motion picture theater and/or advertises the trade, rental or sale of material, distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. c. 272, s. 31. [p. 143] SIGN, A-FRAME OR SANDWICH BOARD SIGN: A sign consisting of two faces in an “A” shape, connected at the top, that sits on, but is not secured to, the ground. [p.16] SIGN, AREA OF: The area of a sign shall be SIGN, AREA OF: The area of a sign shall be considered to considered to include all lettering, wording and include all lettering, wording and accompanying designs and accompanying designs and symbols, together with symbols, together with the background on which they are the background on which they are displayed, any displayed, any frame around the sign and any "cutouts" or frame around the sign and any "cutouts" or extensions, but shall not include any supporting structure or extensions, but shall not include any supporting bracing. The area of a sign consisting of individual letters or structure or bracing. The area of a sign consisting of symbols attached to or painted on a surface, building, wall or individual letters or symbols attached to or painted window, shall be considered to be that of the smallest on a surface, building, wall or window, shall be rectangle or triangle which encompasses all of the letters considered to be that of the smallest rectangle or and symbols. triangle which encompasses all of the letters and [p.16] symbols. [p. 144] SIGN, NONACCESSORY: Any billboard, sign or other SIGN, NONACCESSORY: Any billboard, sign or other advertising device that does not come within the advertising device that does not come within the foregoing foregoing definition of an accessory sign. [p. 144] definition of an accessory sign. [p.16] SIGN, FREE-STANDING OR STANDING: The term SIGN, FREE-STANDING POLE SIGN: A sign that is not "standing" shall include any and every sign erected on attached to any building but is mounted on a pole or poles or or affixed to the land and any and every exterior sign other similar support where the bottom edge of the sign is that is not attached to a building. [p. 144] elevated off of the ground. [p.16] SIGN, BLADE SIGN: A projecting sign that is wholly or partly dependent on the building for support and that is fixed

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 284 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 perpendicular to the wall on which it is mounted. [p.16] SIGN, BANNER: A sign on a textile, synthetic, plastic or similar material that is affixed and secured to a building or to a permanent pole, such as support pole for a building canopy or a parking lot light pole. [p.16] SIGN, ELECTRONIC MESSAGE BOARD: A sign capable of displaying words, images, symbols and figures utilizing a series or grid of lights that may be changed through electrostatic means using light emitting diodes (LEDs) or other similar technology. [p.15] SIGNS, FEATHER BANNER OR WIND FLAG: A temporary sign of flexible, lightweight fabric, or similar material that is supported along one edge and mounted to a ground base or staked into the ground and intended to blow in the wind to attract attention. [p.16] SIGN, FREE-STANDING MONUMENT SIGN: A free-standing sign that is mounted on the ground, or on a wall or other base situated directly on the ground. [p.16] SPECIAL PERMIT GRANTING AUTHORITY (SPGA): SPECIAL PERMIT GRANTING AUTHORITY (SPGA): The board The board with authority to grant special permits, with authority to grant special permits, which shall be the which shall be the Board of Appeals unless some Planning Board unless some other board is so designated in other board is so designated in these By-Laws. [p. this Bylaw. [p.17] 144] STEEL FABRICATION: The fabrication of steel STEEL FABRICATION: The fabrication of steel components components typically used in the construction of typically used in the construction of buildings, bridges or buildings, bridges or other structures. This includes other structures. This includes stairs, railings, miscellaneous stairs, railings, miscellaneous metal and other metal and other structural components. structural components. [p. 144] [p.17] STORY: The portion of a building contained between any floor and the floor or roof next above it, but not including the lowest portion so contained if more than 1/2 of such portion is below the mean finished grade of the ground adjoining such building.

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 285 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021

STORY, HALF: A partial story under a gable, gambrel or hip roof, the wall plates of which on any two sides do not rise more than four feet above the floor of such partial story. [p.17] STREET: An accepted town way, or a way established STREET: An accepted Town way, or a way established by or by or maintained under county, state, or federal maintained under county, state, or federal authority, or a way established by a subdivision plan authority, or a way established by a subdivision plan approved in accordance with the subdivision control approved in accordance with the subdivision law, or a way determined by the planning board to control law, or a way determined by the planning board to have sufficient width, suitable grades, and adequate have sufficient width, suitable grades, and construction to provide for the needs of vehicular adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and traffic in relation to the proposed use of the for the installation of municipal services to serve such land, and for the installation of municipal services to serve land and the buildings erected or to be erected such land and the buildings erected or to be thereon. [p. 144] erected thereon. [p.17] STRUCTURE: Anything erected at a fixed location on STRUCTURE: Anything erected at a fixed location on the the ground to give support, provide shelter or satisfy ground to give support, provide shelter or satisfy other other purposes (includes the term "building"). purposes (includes the term "building"). [p. 144] [p.17] TRAILER: A vehicle without motor power designed to TRAILER: A vehicle without motor power designed to be be drawn by a motor vehicle, used for hauling or drawn by a motor vehicle, used for hauling or living purposes living purposes and standing on wheels or rigid and standing on wheels or rigid supports. (Does not include supports. (Does not include "mobile home", which is "mobile home", which is defined elsewhere). defined elsewhere). [p. 144] [p.17] TRANSPORTATION OR FREIGHT TERMINAL: Terminal TRANSPORTATION OR FREIGHT TERMINAL: Terminal facilities, open or enclosed, for handling the facilities, open or enclosed, for handling the movement of movement of goods or persons from one place to goods or persons from one place to another by a carrier. another by a carrier. [p. 144] [p.17] TRUCK STOP: Any building, premises, or land in TRUCK STOP: Any building, premises, or land in which or which or upon which a business, service, or industry upon which a business, service, or industry involving the involving the maintenance, servicing, storage, or maintenance, servicing, storage, or repair of commercial repair of commercial vehicles is conducted or vehicles is conducted or rendered, including the dispensing

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 286 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 rendered, including the dispensing of motor fuel or of motor fuel or other petroleum products directly into other petroleum products directly into motor vehicles motor vehicles and the sales of accessories or equipment for and the sales of accessories or equipment for trucks trucks or similar commercial vehicles. A truck stop shall also or similar commercial vehicles. A truck stop shall also be defined to include those overnight accommodations and be defined to include those overnight restaurant facilities primarily for the use of truck crews. accommodations and restaurant facilities primarily [p.17] for the use of truck crews. [p. 144] TRUCKING COMPANY: A commercial or industrial TRUCKING COMPANY: A commercial or industrial enterprise enterprise using heavy commercial vehicles to deliver using heavy commercial vehicles to deliver goods, freight, or goods, freight or construction materials such as sand, construction materials such as sand, gravel, loam, and the gravel, loam and the like. [p. 144] like. [p.17] VARIANCE: An authorization by the Board of Appeals VARIANCE: An authorization by the Board of Appeals to to use property or locate a structure pursuant to locate a structure pursuant to G.L. c. 40A, § 10. M.G.L. c. 40A, s. 10. [p. 145] [p.17] WAREHOUSE: A building used primarily for the WAREHOUSE: A building used primarily for the storage of storage of goods and materials, for distribution, but goods and materials, for distribution, but not for sale on the not for sale on the premises. [p. 145] premises. [p.18] WETLAND: Any perennially wet area, including all WETLAND: Any perennially wet area, including all lands lands which are subject to the provisions of M.G.L. c. which are subject to the provisions of G.L. c. 131, § 40. 131, s. 40. [p. 145] [p.18] WIDTH OF PARKING STALL: The linear dimension measured across the stall and parallel to the maneuvering aisle. [p. 145] YARD: An unoccupied space open to the sky on the YARD: An unoccupied space open to the sky on the same lot same lot with a building or structure. [p. 145] with a building or structure. [p.19]

Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section