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addition to any other specific conditions applicable to the applicant’s MMTC, the Planning & Zoning
Board may include the following conditions in any special permit granted hereunder:
1. Hours of Operation, including dispatch of home deliveries. 2. The permit holder shall file a copy of any Incident Report required under 105
CMR 725.110(F) with the Zoning Enforcement Officer and the Planning &
Zoning Board within 24 hours of creation. 3. The permit holder shall file a copy of any summary cease and desist order, cease
and desist order, quarantine order, summary suspension order, order limiting
sales, notice of a hearing, or final action issued by DPH or the Division of
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Administrative Law Appeals, as applicable, regarding the MMTC with the
Zoning Enforcement Officer and Planning & Zoning Board within 48 hours of
its receipt. 4. The permit holder shall provide to the Zoning Enforcement Officer and Chief of
the Police Department, the name, telephone number and electronic mail address
of a contact person in the event that such person needs to be contacted after
regular business hours to address an urgent issue. Such contact information shall
be kept updated by the permit holder. 5. The special permit shall be limited to the current applicant and shall lapse if the
permit holder ceases operating the MMTC. 6. The special permit shall lapse upon the expiration or termination of the
applicant’s registration by DPH. 7. The permit holder shall notify the Zoning Enforcement Officer and Planning &
Zoning Board in writing within 48 hours of the cessation of operation of the
RMD or the expiration or termination of the permit holder’s registration with
DPH. 9.6 QUESET SMART GROWTH OVERLAY DISTRICT (QSGOD). Note: The QSGOD was adopted by Town Meeting under G.L. c. 40R in 2006. The QSGOD is
incorporated by reference as part of this By-Law. The text of the QSGOD is available in the Office of
the Town Clerk and the Planning & Zoning Board during normal business hours. |
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SECTION 10.0 ADMINISTRATION AND ENFORCEMENT
10.1 PERMIT. 10.1.1 Building Permit. It shall be unlawful for any person to erect, construct, reconstruct, or alter a
structure without applying for and receiving from the Building Commissioner a building permit. 10.1.2 Issuance. Such permits shall be applied for in writing to the Building Commissioner. The
Building Commissioner shall not issue any such permit unless the plans for the building, and the
intended use thereof in all respects fulfills the provisions of this By-law, except as may have been
specifically permitted otherwise by action of the Board of Appeals, provided a written copy of the
terms governing any such permission be attached to the application and to the resulting building permit
issued. One copy of each such permit issued, including any conditions or exceptions attached thereto,
shall be kept on file in the office of the Building Commissioner. 10.1.3 Plot Plan. Each application for a permit to build, alter, or move a building shall be accompanied
by a plot plan in such numbers of copies and drawn to such a scale as is required by the Building
Commissioner. Each such plot plan shall show dimensions and area of lots and of structures and sewage
disposal systems, to be erected, altered or moved, and adjacent streets or ways. Such plot plans shall
accurately indicate dimensions of all lot lines. 10.2 ENFORCEMENT AND PENALTIES. 10.2.1 Building Commissioner. This By-law shall be enforced by the Building Commissioner. The
Building Commissioner, upon being informed in writing of a possible violation of this By-law or on
his own initiative, shall make or cause to be made an investigation of facts and an inspection of the
premises where such violation may exist. The Building Commissioner, on evidence of any violation,
after investigation and inspection shall give written notice of such violation to the owner and to the
occupant of such premises. |
The Building Commissioner shall demand in such notice that such violation
be abated and within a reasonable time, designated therein by the Building Commissioner. Such notice
and demand may be given by mail addressed to the owner at the address appearing for him on the most
recent real estate tax records of the Town of Easton and to the occupant at the address of the premises
of such seeming violation. 10.2.2 Duties. The Building Commissioner shall withhold a permit for construction, alteration or
moving of any building or structure if the building or structure as constructed, altered or moved would
be in violation of this By-law; and no permit or license shall be granted for a new use of a building,
structure or land which use would be in violation of this By-law. If the Building Commissioner is
requested in writing to enforce this By-laws against any person allegedly in violation of the same and
the Building Commissioner declines to act, he shall notify, in writing, the party requesting such
enforcement of any action or refusal to act, and the reasons therefore, within fourteen days of receipt
of such request. 10.2.3 Penalties. Penalties for violations of any provision of this By-law may, upon conviction, be
affixed in any amount not to exceed three hundred dollars ($300.00) for each offense. Each day, or
portion of a day, that any violation is continued shall constitute a separate offense. 10.2.4 Noncriminal Disposition. In addition to the procedures for enforcement as described in the
previous paragraph, the provisions of this By-law may be enforced by the Building Commissioner by
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noncriminal complaint pursuant to the provisions of G.L. c. 40, s. 21D. The penalty for violation of
any provision of this By-law shall be $25.00 for the first offense; $50.00 for the second offense;
$100.00 for the third offense and $200.00 for the fourth and each subsequent offense. 10.3 BOARD OF APPEALS. 10.3.1 Membership. |
There shall be a Board of Appeals of five members and two associate members
who shall be residents of the Town of Easton. As terms expire or vacancies occur, the Board of
Selectmen shall make appointments pursuant to G.L. c. 40A, s. 12 and the Town Charter. Members
shall serve without remuneration and shall be subject always to the rule that they shall give due
consideration to the pertinent provisions of this By-law. 10.3.2 Powers of the Board of Appeals. The Board of Appeals shall have the following powers:
1. Appeals. To hear and decide an appeal taken by any person aggrieved by reason
of his inability to obtain a permit from any administrative official, or any person
aggrieved by any order or decision of the Commissioner of Buildings or any
other administrative official in violation of any provision of Chapter 40A,
General Laws, or of this By-law. 2. Special Permits. To grant a special permit when designated as the Special Permit
Granting Authority by this By-law. 3. Variances. To authorize a variance for a particular use of a parcel of land or to
an existing building thereon from the terms of this By-law as set forth in G.L. c.
40A, s. 10. 4. Comprehensive Permits. To grant a comprehensive permit pursuant to G.L. c.
40B. 10.3.3 Rules and Regulations; Fees. The Zoning Board of Appeals shall adopt rules and regulations,
including fees, for the conduct of business and for the purpose of this By-law and Chapter 40A of the
General Laws, and shall file a copy of such rules and fees with the Town Clerk. 10.4 PLANNING & ZONING BOARD. 10.4.1 Establishment. The Planning & Zoning Board shall consist of five (5) members and one (1)
alternate member appointed by the Board of Selectmen. 10.4.2 Powers. The Planning & Zoning Board shall have the following powers:
1. To hear and decide applications for special permits as provided in this By-law. 2. To hear and decide applications for site plan approval pursuant to Sections 10.6
and 10.7. 10.4.3 Rules and Regulations; Fees. |
The Planning & Zoning Board shall adopt rules and regulations,
including fees, for the conduct of business and for the purpose of this By-law and Chapter 40A of the
General Laws, and shall file a copy of such rules and fees with the Town Clerk. 10.5 SPECIAL PERMITS. 10.5.1 Special Permit Granting Authority. The Board of Appeals, Planning & Zoning Board, and
the Board of Selectmen shall be the Special Permit Granting Authority (SPGA) as specified in the
10-2
various sections of this By-law and, when designated herein, shall hear and decide applications for
special permits. 10.5.2 Criteria. Special permits shall be granted by the SPGA, unless otherwise specified herein,
only upon its written determination that the adverse effects of the proposed use will not outweigh its
beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site,
and of the proposal in relation to that site. In addition to any specific factors that may be set forth in
this By-Law, the determination shall include consideration of each of the following:
1. Social, economic, or community needs which are served by the proposal;
2. Traffic flow and safety, including parking and loading;
3. Adequacy of utilities and other public services;
4. Neighborhood character and social structures;
5. Impacts on the natural environment; and
6. Potential fiscal impact, including impact on town services, tax base, and
employment taking into account any proposed mitigation. 10.5.3 Application. The SPGA may adopt additional rules relative to the issuance of special permits
and shall file a copy with the Town Clerk. The rules shall prescribe a size, form, contents, style, and
number of copies of plans and specifications and the procedure for submission and approval of such
permits. 10.5.4 Conditions. The SPGA may impose additional conditions and limitations as it may deem
necessary. 10.5.5 Regulations. The SPGA may adopt rules and regulations for the administration of this Section. 10.5.6 Fees. |
The SPGA may adopt reasonable administrative fees and technical review fees for
applications for special permits. 10.5.7 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has
not begun, except for good cause, within 24 months following the filing of the special permit approval
(plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A,
s. 17, from the grant thereof) with the Town Clerk. 10.6 SITE PLAN APPROVAL. 10.6.1 Applicability; Non-Residential Districts. No commercial, industrial, business, institutional,
recreational, or educational use and no apartment, multiple or attached dwellings, municipal or school
building, public utility structure, or parking lot, shall be constructed or externally enlarged, and no
such use or structure shall be expanded or established in an building not theretofore used for such
purposes, except in conformity with a site plan bearing an endorsement of approval by the Planning &
Zoning Board. 10.6.2 Applicability; Residential Districts. No multiple or attached dwellings, school building,
parking lot, or public utility structure and no institutional, recreational, or educational use shall be
constructed or externally enlarged, and no such use or structure shall be expanded or established in an
building not theretofore used for such purposes, except in conformity with a site plan bearing an
endorsement of approval by the Planning & Zoning Board. 10-3
10.6.3 Site Plan Requirements. |
The site plan shall show or the accompanying materials shall detail:
1. the record owner;
2. location;
3. zone boundary lines;
4. easements, or other legal restrictions;
5. exact location of building(s) on the lot with side, front and rear dimensions;
6. lot dimensions; topography;
7. adjacent public ways;
8. location of off-street parking, lighting, and utility systems;
9. surface drainage;
10. traffic impacts as set forth in Section 6.4;
11. location and nature of open spaces with specific notations as to landscaping;
12. locus plan; and
13. other details as applicable and deemed necessary by the Planning & Zoning
Board. 10.6.4 Procedure. Any person desiring approval of a site plan under this Section application packages
to the Planning & Zoning Board, the contents, number, and format of which may be required in its rules
and regulations. The Planning & Zoning Board will review the application and plans and circulate the
application to the Fire and Police Departments, the Building Commissioner, the Land Use Agent,
Handicap Advisory Committee, and other Boards and Committees and Town Departments, as
requested. The Planning & Zoning Board may also require the employment of outside consultants such
as may reasonably be required to perform design and engineering review, and may impose fees to
charge for such pursuant to G.L. c. 44, s. 53G. 10.6.5 Criteria for Evaluation. The Planning & Zoning Board will review the application and plans
and determine whether the application conforms to this By Law, and, in considering a site plan under
this section, shall assure, to a degree consistent with Site Plan Guidelines established hereunder and a
reasonable use of the site for the purposes permitted or permissible by the regulations of the district in
which located:
1. Protection of adjoining premises against seriously detrimental uses on the site;
2. |
Convenience and safety of vehicular and pedestrian movement within the site,
and in relation to adjacent streets, property, or improvements;
3. Adequacy of the methods of drainage for surface water;
4. Provisions for off-street loading operation of vehicles incidental to the normal
operation of the establishment;
5. Traffic and safety provisions to protect the convenience and welfare of the
public;
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6. Aesthetic and functional design;
10.6.6 Conditions. 1. A time period for the completion of the site construction work required to be
done under this section may be established by the Planning & Zoning Board to
ensure compliance therewith. 2. Noncompliance with the provisions of the site plan shall result in rescission of
the site plan approval at the stipulated expiration date; or at any other time by
vote of the Planning & Zoning Board. 3. Substantial completion of the public safety provisions of the site plan is a
prerequisite for issuance of an occupancy permit. 10.6.7 Decision. The Planning & Zoning Board shall file its decision with the Town Clerk within
ninety (90) days of the receipt of the application. Failure to file a decision within this time period shall
be deemed a constructive approval of the application. This deadline may be extended by agreement of
the applicant and the Planning & Zoning Board. Any such extension shall be filed forthwith with the
Town Clerk. 10.6.8 Regulations. The Planning & Zoning Board may adopt rules and regulations for the
administration of this Section. 10.6.9 Fees. The Planning & Zoning Board may adopt reasonable administrative fees and technical
review fees for applications for special permits. 10.6.10 Lapse. Site plan approval shall lapse if a substantial use thereof or construction thereunder
has not begun, except for good cause, within 24 months following the filing of the decision (plus such
time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from
the grant thereof) with the Town Clerk. 10.6.11. |
Appeal. The decision of the Planning & Zoning Board may be appealed in accordance with
G.L. c. 40A, s. 17 to a court of competent jurisdiction. 10.7 SITE PLAN REVIEW FOR SECTION 3 USES. 10.7.1 Purpose. The purpose of this Section is to provide for site plan review of religious, educational,
and child care centers otherwise “exempt” pursuant to G.L. c. 40A, s. 3. 10.7.2 Site Plan Review Required. Prior to the issuance of any building permit or certificate of
occupancy, the establishment, alteration, change, extension, or reconstruction of uses B.1, B.2, or B.3,
as set forth in the Table of Use Regulations, shall require site plan approval from the Planning & Zoning
Board pursuant to this Section. 10.7.3 Scope of Site Plan Review. Under this Section, Site Plan Review shall be limited to two
inquiries:
1. Whether the use qualifies for protection under G.L. c. 40A, s. 3; and, if so,
2. What reasonable regulations concerning the bulk and height of structures and
determining yard sizes, lot area, setbacks, open space, parking and building
coverage requirements, if any, should be imposed on the use. 10-5
10.7.4 Required Information. All applications for Site Plan Review shall be in writing and provide,
at a minimum, the following information:
1. Name and address of applicant person or entity;
2. Name and address of property owner;
3. Description of the proposed use and any documents necessary to establish
threshold compliance with G.L. c. 40A, s. 3;
4. Reason that relief is requested from otherwise applicable zoning requirements;
5. If necessary to reach a decision on the application, the Planning & Zoning Board
may request further information from the applicant consistent with G.L. c. 40A,
s. 3, specifying in detail the information required. 10.7.5 Site Plan; Contents. In addition, the applicant shall submit a site plan with the following
information:
1. Legend depicting all pertinent existing and proposed site features. 2. The date and north arrow shall be shown on the plans. 3. |
All site plans must be stamped by a Registered Professional Civil Engineer and
a Professional Land Surveyor. The land surveyor shall perform an instrument
boundary survey and shall certify the accuracy of the locations of the buildings,
setbacks, and all other required dimensions to property lines. 4. Zoning Chart depicting “Required” vs. “Provided” for all applicable Zoning
Criteria including Lot Size, Frontage, Setbacks, Building Height, Lot Coverage,
Parking Spaces, Landscaping Requirements. 5. Locus map, at a scale of 1”=60’ or suitable scale to accurately locate the site in
Town, oriented on the plan in the same way as the large scale plan. 6. The location, width, status (public or private), and name of all streets within 100'
of the project. 7. On-site and abutting lot lines. On site lot lines shall be described by bearings
and distance. Abutting lot lines shall be shown in a general way. 8. Zoning District lines, including overlay districts if applicable. 9. The location of existing or proposed building (s) on the lot shall be shown with
total square footage and dimensions of all buildings. 10. Any streams, brooks, or wetland resource area boundaries within 100’ of the
property lines. 11. Information on the location, size and type and number of existing and proposed
landscape features. 12. Information on the location, size and capacity of existing and proposed on-site
and abutting utilities, (water, sewer, drainage, natural gas, electrical cable, etc.) including utilities in abutting side streets, if applicable. 10-6
13. Detailed locations and dimensions of all existing and proposed buildings and
uses on site and on abutting properties, including exterior details relating to the
building footprint. All existing and proposed setbacks from property lines. Any
minimum, or below minimum, setback distances shall be clearly noted as such
on the plan. 14. Information and details for all site and directional on-site signage shall be
submitted. 15. |
Elevation and facade treatment plans of all proposed structures. Color renderings
are required for new construction. 16. Information on the location, size and type of parking, loading, storage and
service areas. A parking calculation schedule noting existing, required and
proposed spaces for the entire site shall be provided. 17. Details and specifications (if applicable) for proposed site amenities, including,
but not limited to fences, recreation facilities, walls or other barrier materials;
and special paving materials. 10.7.6 Decision. The Planning & Zoning Board may approve, approve with conditions, or deny an
application for site plan approval. In making its decision, the Board shall be guided exclusively by
G.L. c. 40A, s. 3. The Board shall file a written decision with the Town Clerk within __ days of receipt
of the application. Failure to file a decision within ninety (90) days shall constitute approval of the
site plan. 10.7.8 Appeal. Any appeal of the Planning & Zoning Board’s decision shall be made pursuant to G.L. c. 40A, s. 17, to a court of competent jurisdiction. 10.8 REQUEST FOR REASONABLE ACCOMMODATION. 10.8.1 Purpose. Under the FHA, 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 enjoy a dwelling.” 42 U.S.C. §
3604(f)(3)(B). The same standard applies under the ADA, which also addresses nonresidential
facilities providing services to persons with disabilities. 42 U.S.C. 12112(b)(5). The purpose of this
Section is to facilitate housing and/or services for persons with disabilities and to comply fully with
the spirit and the letter of the FHA and, where applicable, the ADA. 10.8.2 Request. |
Any person eligible under the FHA or any provider of housing to persons eligible
under the FHA, or any person eligible to operate a nonresidential facility providing services to persons
eligible under the ADA, may request a Reasonable Accommodation as provided by the Fair Housing
Act and/or the ADA. A Request for a Reasonable Accommodation does not affect a person’s or
provider’s obligations to act in compliance with other applicable laws and regulations not at issue in
the requested accommodation. 10.8.3 Zoning Board of Appeals. All requests for Reasonable Accommodation under the FHA and/or
the ADA shall be submitted to the Zoning Board of Appeals (ZBA). 10.8.4 Information. All requests for Reasonable Accommodation shall be in writing and provide, at
a minimum, the following information:
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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 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). 7. If necessary to reach a decision on the request for Reasonable Accommodation,
the ZBA may request further information from the applicant consistent with the
FHA and/or ADA, specifying in detail the information required. 10.8.5 ZBA Procedures. The ZBA shall hold a public hearing using the procedures, including notice,
set forth in G.L. c. 40A, ss. 11 and 15. The deadlines imposed in G.L. c. 40A, s. 11 or s. 15 may be
extended upon the request of the applicant and the approval of the ZBA. |
The ZBA may seek
information from other Town agencies 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 Town government. 10.8.6 Decision. After conducting an appropriate inquiry into the request for Reasonable
Accommodation, the ZBA may:
1. Grant the request;
2. Grant the request subject to specified conditions; or
3. Deny the request. The ZBA shall issue a written final decision on the request in accordance with G.L. c. 40A, s. 15. If
the ZBA fails to render its decision on a request for Reasonable Accommodation within the time
allotted by G.L. c. 40A, s. 15, the request shall be deemed granted. The ZBA’s decision shall be filed
with the Town Clerk and sent to the applicant by certified mail. 10.8.7 Appeal. The ZBA’s decision pursuant to this section may be appealed to a court of competent
jurisdiction in accordance with G.L. c. 40A, s. 17 or otherwise. 10.8.8 File. The ZBA shall maintain a file of all requests for Reasonable Accommodation under the
FHA and/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. 10-8
10.8.9 Other Laws. While a request for Reasonable Accommodation is pending, all laws and
regulations otherwise applicable to the premises that is the subject of the request shall remain in full
force and effect. 10.8.10. Effective Date. The provisions of this Section shall apply only to requests for Reasonable
Accommodation made after May 16, 2016. |
Any person who has previously submitted a request for
Reasonable Accommodation may resubmit the request for processing pursuant to the procedures set
forth in this Section. 10-9
SECTION 11.0 DEFINITIONS
For the purpose of this by-law certain terms and words shall have the following meanings. Words used
in the present tense include the future; the singular number includes the plural; the plural the singular;
the words "used" or "occupied" include the words "designed," "arranged," "intended," or "offered," to
be used or occupied; the words "building," "structure," "lot," "land," or "premises" shall be construed
as though followed by the words "or any portion thereof"; and the word "shall" is always mandatory
and not merely directory. Terms and words not defined herein but defined in the Easton Subdivision
Rules and Regulations shall have the meanings given therein unless a contrary intention clearly appears. Abandonment: The discontinuance or non-use for a period of two (2) years or more, of any
nonconforming use of a structure or land, or both, shall constitute the abandonment of such use. Adult Entertainment Establishments: Shall include and be defined as follows:
Adult Bookstore: An establishment having as a substantial or significant portion of
its stock in trade printed matter, books, magazines, picture periodicals, motion picture
films, video cassettes, or coin operated motion picture machines for sale, barter or rental
which are distinguished or characterized by their emphasis on matter depicting,
describing or relating to "sexual conduct" as that term is defined in G.L. |
c. 272, s. 31;
"Sexual Devices" or an establishment having for sale sexual devices which shall mean
any artificial human penis, vagina or anus or other device primarily designed, promoted
or marketed to physically stimulate or manipulate the human genitals, pubic area or anal
area, including: dildos, penisators, vibrators, penis rings, erection enlargement or
prolonging creams or other preparations or an establishment with a segment or section
devoted to the sale or display of such materials. Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more
persons used for presenting material distinguished or characterized by an emphasis on
matter depicting, describing or relating to "sexual conduct" as defined in G.L. c. 272,
s. 31, for observation by patrons therein. Adult Mini Motion Picture Theater: An enclosed building with a capacity for less
than 50 persons used for presenting material distinguished or characterized by emphasis
on matter depicting, describing or relating to "sexual conduct" as defined in G.L. c. 272
s. 31 (as defined below) for observation by patrons therein. Adult Live Entertainment Establishments: Establishments which feature live
entertainment which consists of entertainers engaging in "sexual conduct" or "nudity"
as defined in G.L. c. 272, s. 31. Massage: Any method of pressure on or friction against, or stroking, kneading, rubbing,
tapping, pounding, vibrating, or stimulation of external parts of the human body with
the hands or with the aid of any mechanical or electric apparatus or appliances, with or
without supplementary aids as rubbing alcohol, liniment, antiseptics, oils, 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
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pay money or give any other 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:
A. Physicians, surgeons, chiropractors, osteopaths, physical therapists, or
massage therapists who are duly licensed to practice their respective
professions in the Commonwealth of Massachusetts. B. Registered nurses, licensed practical nurses or nurse’s aides under the
direction of a., above, registered nurses, or licensed practical nurses who
are duly licensed to practice their respective professions in the
Commonwealth of Massachusetts. C. 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 and scalp of the customer or client
for cosmetic or beautifying purposes. Adult Retirement Development: For the purposes of Section 8.5, the following definitions shall
apply:
Adult Retirement Development (ARD): a self-contained alternative residential
community constructed expressly for and specifically limited to use and residency by
persons who have achieved a minimum age requirement for residency of at least fifty-
five (55) years. Such developments shall comply in all respects to the requirements of
G. L. c. 151B, as may be amended. Community Facility: Developed common areas, constructed solely for the use of the
residents of the ARD and their guests. The term “Community Facility” may include
buildings housing activities and amenities such as game room, entertainment room,
sewing room, library, kitchen, laundry facilities, exercise room, toilet facilities, locker
rooms for men and women, etc. Facilities) may also include outdoor activities and
amenities such as swimming pools, gardens, paths and walkways, putting greens, and
the like. All Community Facilities shall be designed and maintained in conformance
with the latest Massachusetts standards for handicap accessibility. |
Affordable Housing Requirements: The following definitions shall apply in Section 8.8. Where a
term is undefined herein, the definition set forth in the Affordable Housing Guidelines adopted pursuant
to this Section 8.9, if any, shall control. All other undefined terms in this section shall either be
governed by Section 11.0, Definitions of this By-Law or shall be interpreted in accord with such normal
dictionary meaning or customary usage as is appropriate to the context. Affordable Housing Guidelines: Written policies and criteria, recommended by the
Affordable Housing Trust Fund Board of Trustees and adopted by the Planning &
Zoning Board, which supplement and serve to aid in the interpretation of this section. They may be revised from time to time without an amendment to this By-Law. Affordable Housing Plan: A document that constitutes the applicant’s showing of
compliance with the requirements of Section 8.8. Affordable Unit: A dwelling unit which meets the following conditions (1) In a project
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in which affordable dwelling units will be rented, a unit shall be considered an
affordable unit if: (a) it is rented to an eligible low or moderate income household; and
(b) it qualifies for inclusion on the Subsidized Housing Inventory; (2) In a project in
which affordable dwelling units will be sold, a unit shall be considered an affordable
unit if: (a) it is sold to an eligible low or moderate income household; and (b) it qualifies
for inclusion on the Subsidized Housing Inventory. Comprehensive Permit Guidelines. Refers to guidelines promulgated by DHCD
pursuant to G.L. c. 40B, ss. 20-23. Income, Low: A combined household income which is less than or equal to 50% of the
Area Median Income, as defined by HUD. Income, Moderate: A combined household income which is less than or equal to 80%
of the Area Median Income, as defined by HUD. Project: A residential development, or development with a residential component,
subject to the requirements of Section 8.9. |
Agriculture: The cultivation of ground for purpose of producing fruits and vegetables for the use of
man and beast, or the act of preparing the soil, sowing and planting seeds, dressing plants and removing
crops, and includes gardening, horticulture, silviculture and raising or feeding of cattle and other
livestock. Alteration: Any construction, reconstruction or other action resulting in a change in the structural
parts or height, number of stories or exits, size, use or location of a building or other structure. Aquifer Protection Overlay District: The following definitions shall apply for the purposes of Section
9.1:
Toxic or Hazardous Material: Any substance or mixture of such physical, chemical
or infectious characteristics as to pose a significant, actual or potential hazard to water
supplies or other hazard to human health, if such substance or mixture were discharged
to land or waters of the Town. Toxic or hazardous materials include, without limitation,
the following: organic chemicals; petroleum products; heavy metals; radioactive or
infectious wastes; acids and alkalis; products such as pesticides, herbicides, solvents
and thinners. Wastes generated by the following activities, without limitation, are presumed to be
toxic or hazardous unless and except to the extent that anyone engaging in such activity
can demonstrate to the satisfaction of the Board of Health and the Department of Public
Works, Water Division: airplane, boat and motor vehicle service and repair; chemical
and bacteriological laboratory operation; cabinet making; dry cleaning; electronic
circuit assembly; metal plating, finishing and polishing; motor and machinery service
and assembly; painting, wood preserving and furniture stripping; pesticide and
herbicide application; photographic processing; printing. Assisted Living Residence: A residential development subject to certification by the executive office
of elder affairs under G.L. c. 19D and 651 CMR 12.00. |
Basement: A portion of a building, partly below grade, which has more than one half of its height,
11-3
measured from finished floor to finished ceiling, above the average finished grade of the ground
adjoining the building. A basement is not considered a story unless its ceiling is 4.5 feet or more above
the finished grade or one-half of the total height above finished grade, whichever is greater. Bedroom: Any area in a dwelling unit which is or could be used for the provision of private sleeping
accommodations for residents of the premises, whether such area is designated as a bedroom, guest
room, maid's room, dressing room, den, loft, study, library, or by another name. Any room intended
for regular use by all occupants of the dwelling unit such as a living room, dining area, or kitchen shall
not be considered a bedroom, nor shall bathrooms, halls, or closets. Boarder: An individual other than a family member occupying a dwelling unit who, for consideration,
is furnished sleeping accommodations, meals, and may be provided personal care or other services, but
excluding guests at a bed and breakfast. Building: A combination of any materials, whether portable or fixed, having a roof and enclosed
within exterior walls or fire walls, built to form a structure that is safe and stable supported by columns
or walls resting on its own foundation for the shelter, housing, or enclosure of persons, animals,
chattels, or property of any kind. For the purposes of this definition "roof" shall include an awning or
any similar covering, whether or not permanent in nature. Building, Accessory: A detached building, the use of which is customarily incidental
and subordinate to that of the principal building, and which is located on the same lot
as that occupied by the principal building to which it is accessory. Building, Attached: A building having any portion of one or more walls in common
with adjoining buildings. Building, Detached: A building having open space on all sides. |
Building, Principal: A building in which is conducted the principal use of the lot on
which it is located. Business or Professional Office: A business establishment, which does not offer a product or
merchandise for sale to the public but offers a professional service to the public. However, general or
personal service establishments are not to be included in the definition of business offices. Cellar: A portion of a building, partly or entirely below grade, which has more than one half of its
height measured from finished floor to finished ceiling, below the average established finished grade
of the ground adjoining the building. A cellar is not deemed a story. Child Care Center: A child care center as that term is defined in G.L. c. 15D, s. 1A. Commercial Recreation, Indoors: Entertainment and recreational facilities operated as a business
for gain, including but not limited to bowling alley, theater, fitness center, or sports arena, provided
such use is housed indoors in sound-insulated structure protecting neighborhood from inappropriate
noise in any season. Commercial Recreation, Outdoors: Golf, swimming, tennis, or other outdoor recreational facility. Communications Tower and Wireless Communications Facility: A tower, including antennas and
accessory structures, if any, built for wireless communications, including, but not limited to, radio,
television, cellular, and digital communications, which facilitates the provision of wireless
11-4
communications services. Community Facilities: Premises owned and operated by a governmental or chartered nonprofit
organization, but not including fraternal sports, or similar membership organizations. Condominium: A structure in which an individual owns separately one or more single dwelling units
in a multi-unit building. He and the owners of other units have an undivided interest in the common
areas and facilities that serve the project. |
The Common areas include such items as land, roof, floors,
main walls, stairways, lobby, hall, parking space, and community and commercial facilities. Constructed: The word "constructed" shall include the words "built," "erected," "reconstructed,"
"altered," "enlarged," "moved," and "placed." Court, Inner: An open, outdoor space enclosed on all sides by exterior walls of a building or by
exterior walls and property lines on which walls are allowed. District: A zoning district as established by Section 2.0 of this By-law. Driveway: An open space, located on a lot, built for access to a garage, off-street parking or loading
space. A driveway may not be more than 24 feet in width in Residential, Residential I, and Business
Neighborhood Zones, and not more than 36 feet in width in Business, Industrial, Eleemosynary, and
Municipal Zones. Each driveway shall service no more than one lot. Drive-In or Drive-Through Establishment: A business establishment that includes service that is
provided from a drive-up or drive-through window or other similar arrangement that allows the service
of a patron while the patron remains in a vehicle, whether parked or live parked. The term shall include
eating establishments and service establishments such as banks, dry cleaners, pharmacies, and the like,
and automotive service stations and gasoline stations and the like. Dwelling: A privately or publicly owned permanent structure containing a dwelling unit or dwelling
units. The terms "one family," "two family," or "multifamily" dwelling shall not include hotel, lodging
house, hospital, membership club, trailer, however mounted, or dormitory or structure solely for
transient or overnight occupancy. Dwelling, Duplex: A two-family building designed with separated dwelling units, side
by side, separated by a fire wall. Dwelling, Multifamily: A building containing three or more dwelling units constructed
on a single lot (apartment house). |
Dwelling Unit: One or more living or sleeping rooms arranged for the use of one or
more individuals living as a single housekeeping unit, with permanent provisions for
cooking, living, sanitary, eating, and sleeping facilities. Electric Charging Station, Level Two: A facility equipped with a compatible cable such as J-1772,
for the recharging of the batteries of motor vehicles. Essential Services: Services and facilities offered by public utility or governmental agency by the
erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or
water transmission or distribution systems and structures, excluding power plants or transfer stations. Facilities necessary for the provisions of essential services include poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar
11-5
equipment and accessories in connection therewith. Specifically excluded from this definition are
municipal, state, or federal services and facilities. Family: One or more persons, including domestic employees, occupying a dwelling unit and living as
a single, nonprofit housekeeping unit provided that a group of five or more persons who are not related
by blood or marriage. Family day care home, large: An accessory use as defined in G.L. c. 15D, s. 1A. Family day care home, small: An accessory use as defined in G.L. c. 15D, s. 1A. Farmers’ Market: A public market for the primary purpose of promoting and selling fresh produce,
prepared foods and meat, poultry and fish. Such products may include, but shall not be limited to: Fresh
Produce (fresh uncut fruits and vegetables); Unprocessed honey; Maple syrup; Meats, poultry, and fish;
Farm fresh eggs; Jams and jellies; Candy; Baked goods. |
Flexible Development: The following definitions shall apply for the purposes of Section 8.1:
Affordable Dwelling Unit: A dwelling unit restricted as affordable to households
qualifying as low or moderate income. Affordable to Households Qualifying as Low Income: Affordable to households,
adjusted for size, under the applicable guidelines of the Commonwealth's Department
of Housing and Community Development, earning less than 50% of the median income. Affordable to Households Qualifying as Moderate Income: Affordable to
households, adjusted for size, under the applicable guidelines of the Commonwealth's
Department of Housing and Community Development earning more than 50% but less
than 80% of the median income. Contiguous Open Space: Open space suitable, in the opinion of the Planning & Zoning
Board, for the purposes set forth in Section 8.1.1, herein. Such open space may be
separated by the road(s) constructed within the Flexible Development. Contiguous open
space shall not include required yards. Transfer Lot: A parcel of land with not less than 60,000 square feet used to establish
a density bonus in a Flexible Development, as set forth in Section 8.1. Such transfer lot
shall be:
A. Determined by the Planning & Zoning Board to be of special importance
because of its visual prominence or potential vista blockage, ecological
significance or fragility, value as agricultural or recreational land, critical
relation or proximity to the Town's drinking water supply, or because it is
identified in the Town's open space plan; and
B. |
Not more than 50% wetlands, as defined in G. L. c. 131, §40, or not land
used to satisfy dimensional requirements in any other development of
land; and
C. Subject to a permanent conservation restriction approved as to form by
Town Counsel pursuant to G. L. c. 184, §§ 31 through 33, or conveyed in
fee or with a suitable restriction to the Town or to a nonprofit
11-6
organization, the principal purpose of which is the conservation of open
space or other appropriate purpose consistent with the open space uses
designated in Section 8.1. Flood Plain: The area subject to periodic flooding, the limits of which are determined by Section 9.2. Floor Area, Gross: The sum of the areas of the several floors of a building, measured from the exterior
faces of the walls. It does not include cellars, unenclosed porches or attics not used for human
occupancy or any frontage. Funeral Home: Facility for the conducting of funerals and related activities such as embalming. General Service Establishment: Shop for lawn mower or small appliance repair, upholstery or
furniture repair, bicycle repair person, printer, blacksmith, builder, carpenter, caterer, electrician, lawn
mower service person, mason, painter, plumber or roofer. Height: Measured as the vertical distance from the mean grade of the natural ground contiguous to
the building, as such ground existed prior to construction at the location of existing or proposed exterior
walls (“Grade Plane”), to the mean height of the highest roof surface. For new subdivisions the Grade
Plane shall be calculated based upon finished grades as shown on site plans approved by the Planning
& Zoning Board. The limitation shall not apply to chimneys, vents, and other similar features provided
such features do not cover more than fifteen percent (15%) of the area of the roof of the building or
other structure and in no way are used for human occupancy. Home Occupation: An accessory use as set forth in Section 3.3. |
Hospital: A building providing 24-hour in-patient or animal services for the diagnosis, treatment or
other care of human or animal ailments including, where appropriate, a sanitarium, nursing home,
convalescent home, and veterinarian services. Hotel: A building or any part of a building containing rooming units without individual cooking
facilities for transient occupancy and having a common entrance or entrances. A hotel may include a
restaurant, bar or tavern, and accessory recreational facilities. Does not include a motel, boarding
house, lodging house, or rooming house. In-Law Apartments: For the purposes of Section 8.8, the following definitions shall apply:
Dwelling, Single Family: A building designed or used exclusively as a residence and
including only one dwelling unit. Dwelling Unit: One or more rooms designed, occupied or intended for occupancy as
separate living quarters, with cooking, sleeping and sanitary facilities provided within
the dwelling unit for the exclusive use of a single family maintaining a household. This
definition does not include a trailer, however mounted. In-Law Apartment: An In-Law Apartment is a self-contained housing unit attached to
or incorporated within a single family dwelling. The In-Law Apartment must be
accessory to the single family dwelling and be subordinate in size to said single family
dwelling and shall comply with each of the criteria stated below. Primary Residence: A residentially used building in which is conducted the principal
use of the lot on which it is located. 11-7
Junk Yard: A yard, field or other area used as a place for storage for more than thirty days for three
or more unserviceable, discarded, worn-out, or junk motor vehicles. |
Also a yard, field, or other area
used as a place of storage for discarded, worn-out or junk plumbing, heating supplies, household
appliances or furniture; and/or discarded, scrapped or junk lumber; and/or old scrap copper, brass, rope,
rags, batteries, paper trash, rubber debris, waste, and/or scrap metal. Kennel: An establishment as defined in G.L. c. 140, s. 137A. Large Scale Ground Mounted Solar Photovoltaic Installation Overlay District (SPOD): For the
purposes of Section 9.4, the following definitions shall apply:
Building Commissioner: The official charged with the enforcement of this By-law. Building Permit: A construction permit issued by an authorized Building
Commissioner which provides evidence that the project is consistent with the state and
federal building codes as well as this By-Law, including those governing ground-
mounted large-scale solar installations. Designated Location: The Large-Scale Ground-Mounted Solar Photovoltaic Overlay
District, as designated by the Town of Easton, is shown on the Official Zoning Map,
dated May 16, 2011, in accordance with Massachusetts General Laws Chapter 40A. This map is hereby made a part of this By-Law and is on file in the Office of the Easton
Town Clerk. Large-Scale Ground-Mounted Solar Photovoltaic Installation: A solar energy
system that is structurally mounted on the ground and is not roof-mounted, and has a
minimum nameplate capacity greater than 250 kW and occupies more than 5 acres of
land. On-Site Solar Installation: A solar installation that is constructed at a location where
other uses of the underlying property occur. Rated Nameplate Capacity: The maximum rated output of electric power production
of the Electric system in Alternating Current (AC) or Direct Current (DC). Solar Photovoltaic Array: An arrangement of solar photovoltaic panels. |
Loading Space: An off-street space used for loading or unloading not less than fourteen (14) feet in
width, 45 feet in length, and 14 feet in height, and containing not less than 1,300 square feet including
both access and maneuvering area. Lodging Unit: One or more rooms for the use of one or more individuals not living as a single
housekeeping unit and not having cooking facilities. A "lodging unit" shall include rooms in boarding
houses, tourist houses, or rooming houses. Lot: An uninterrupted contiguous tract of land excluding streams, ponds, wetlands, flood plain, and
detention/retention basins, held in the same ownership throughout, and defined by bounds or lot lines
ascertainable by recorded deed or plan. Lot, Corner: A lot at the point of intersection of and abutting on two or more
intersecting streets, the interior angle of intersection of the street lot lines, or in the
case of a curved street, extended lot line, being not more than 135 degrees. 11-8
Lot Depth: The distance between the front lot line and the rear lot line. Lot Frontage: The greatest uninterrupted linear or curvilinear distance measured along
a front lot line where it is co-linear with the right-of-way of an abutting street or way,
such that:
A. Where a single lot abuts a street at more than one location (as with a U-
shaped lot) or abuts more than one street (as with a corner lot), the greatest
uninterrupted linear or curvilinear measurement of a front lot line along
one side of one street shall be considered the frontage. B. On lots abutting curved streets or cul-de-sacs, the arc length between the
side lot lines will be considered the frontage. C. The ends of streets without a turning circle shall not be considered
frontage. Lot Line, Front: The property line dividing a lot from a street (right of way). Lot Line, Rear: The lot lines opposite from the front lot line. Lot Line, Side: Any lot line not a front or rear lot line. |
Lot, Nonconforming: A lot lawfully existing at the effective date of this by-law or
any subsequent amendment thereto, which is not in accordance with all provisions of
this By-law. Lot Width: The horizontal distance between the side lot lines as measured at the
minimum front yard depth (required setback distance) required by this by-law. Lowest Floor: The lowest floor in the lowest enclosed area including the basement. An unfinished or
flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area
other than a basement area, is not considered a building's lowest floor, provided that such enclosure is
not built so as to render the structure in violation of the applicable non-elevation design requirements
of this by-law. Manufacturing: A use engaged in the basic processing and manufacturing of materials, or the
manufacture from previously prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products. Medical Clinic: A facility as defined in 105 CMR 145.020, including a mobile clinic and urgent care
facility. Medical Marijuana Treatment Center Overlay District (MMOD): For the purposes of Section 9.5,
the following definitions shall apply:
Medical Marijuana Treatment Center: A not-for-profit entity, as defined by
Massachusetts law only, registered under applicable Massachusetts law, that acquires,
cultivates, possesses, processes (including development of related products such as
food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes,
dispenses, or administers marijuana, products containing marijuana, related supplies,
or educational materials to qualifying patients or their personal caregivers. |
Medical Use of Marijuana: The acquisition, cultivation, possession, processing,
11-9
(including development of related products such as food, tinctures, aerosols, oils, or
ointments), transfer, transportation, sale, distribution, dispensing, or administration of
marijuana, for the benefit of qualifying patients in the treatment of debilitating medical
conditions, or the symptoms thereof, as may be further defined under Massachusetts
law. Medical Office: A building designed and used as an office by physicians, dentists, or psychotherapists
for the diagnosis and treatment of human patients that does not include overnight care facilities or
licensing as a clinic. Membership Club: A social, sports or fraternal association or organization which is used exclusively
by members and their guests which may contain bar facilities. Mixed Use: A development that includes primary non-residential and primary residential uses on the
same site. Mobile Home: A movable or portable dwelling unit built on a chassis, designed for connection to
utilities when in use, and designed without necessity of a permanent foundation for year-round living. Motel: A building or any part of a building containing rooming units without individual cooking
facilities for transient occupancy and having a common entrance or entrances. Generally, does not
include a restaurant, bar or tavern, or accessory recreational facilities. Does not include a boarding
house, lodging house, or rooming house. Motor Vehicle Hourly Rental Station: A facility at which, by contract, motor vehicles are made
available for rent for a period not longer than 24 hours. Motor Vehicle Light Service Station: A building or premises used for the dispensing, sales or
offering for sale of motor fuels directly to users of motor vehicles. Other sales activities and any repairs
shall be activities minor in scope and clearly subordinate to the sale of motor fuels, oils and lubricants. |
No drive-through facilities are permitted without further zoning relief. Motor Vehicle Repair: A building or use which is designed or intended to be used for the storage,
servicing, repair, maintenance, or cleaning of motor vehicle equipment. Motor Vehicle Sales: Premises for the sale of used or new motor vehicles, including supplying of
fuel, oil, lubrication, washing, or repair services, but not to include body work or painting. Owner: Any person or entity of record holding fee simple title to a lot of land. Open Space: The space on a lot unoccupied by buildings, unobstructed to the sky, not devoted to
streets, driveways, sanitary systems, or off-street parking or loading spaces and expressed as a
percentage to total lot area. Outside Dining Facility: An accessory use of a restaurant or eating establishment where seating
and/or other facilities are provided on the premises for the consumption of food and/or beverages with
table service outside of the confines of the building structure. Parking Space: An off-street space, whether inside or outside a structure for exclusive use as a parking
stall for one motor vehicle. Personal Service Establishment: A facility providing personal services such as hair salon, barber
shop, tanning beds, dry cleaning, print shop, photography studio, and the like. 11-10
Place for Manufacturing, Assembling, or Packaging of Goods: Those used primarily for heavy or
light industry or the manufacture or assembly of a product including processing, blending, fabrication,
assembly, treatment and packaging. Planned Development: A development involving the construction of two or more principal buildings
on the same lot for any permitted use. Premises: A lot together with all buildings, structures, and uses thereon. |
Qualified Acre: Agricultural land on which the sale of products produced 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 area not zoned for agriculture, aquaculture,
silviculture, horticulture, floriculture or viticulture. Reconstruction: The demolition of a structure and the rebuilding of a new structure on the same lot. Recorded: Recorded in the Bristol County Northern District Registry of Deeds or registered in the
Bristol County Northern District Land Court Records. Research and Development Facilities: Those facilities used primarily for research, development
and/or testing of innovative information, concepts, methods, processes, materials, or products. This
can include the design, development, and testing of biological, chemical, electrical, magnetic,
mechanical, and/or optical components in advance of product manufacturing. The accessory
development, fabrication, and light manufacturing of prototypes, or specialized machinery and devices
integral to research or testing may be associated with these uses, but excluding laboratories categorized
as Level 4 by the National Institutes for Health. Retail: A facility selling new or used goods to an end user but not otherwise specifically listed in the
Table of Use Regulations. School Aged Child Care Program: A school aged child care program as that term is defined in G.L. c. 15D, s. 1A. Sign: For the purposes of Section 6.2, the following definitions shall apply:
Abandoned Sign: A sign which no longer identifies or advertises a bona fide business,
lessor, service, owner, product, or activity, and/or for which no legal owner can be
found. Animated Sign: Any sign which uses movement or change of lighting to depict action
or to create a special effect or scene (compare "Flashing Sign"). |
Awning: A shelter projecting from and supported by the exterior of a building
constructed of non-rigid materials on a supporting framework (compare "Marquee"). Awning Sign: A sign painted on, printed on, or attached flat against the surface of an
awning. Banner Sign: A sign frequently constructed of fabric or other flexible material and
frequently displayed on a pole or staff which can be freestanding or attached to a
building or structure, and temporary in nature. Billboard: See "Off-Premises Sign". 11-11
Building: As defined in Section 11.0. Changing Sign Image: Any sign that, through the use of moving structural elements,
flashing or sequential lights, lighting elements, or other automated method, results in
movement, the appearance of movement or change of sign image or message. This type
of sign includes, but is not limited to, Electronic Message Center signs which are either
attached or detached. Changing image signs do not include school zone or other public
safety signs and otherwise static signs where copy is changed manually in the field and
where illumination is turned off and back on not more than once every twenty-four (24)
hours. Clearance: The smallest vertical distance between the grade of the adjacent street or
street curb and the lowest point of any sign, including framework and embellishments,
extending over that grade. Construction Sign: A temporary sign identifying an architect, contractor,
subcontractor, and/or material supplier participating in construction on the property on
which the sign is located. Copy: The wording on a sign surface in either permanent or removable letter form. Directional: A sign limited to pedestrian and vehicular traffic instruction and/or
direction or restrictions on the use of parking areas. “No Parking”, “Entrance”, “Exit”
and “Additional Parking in the Rear” are examples of directional signs. No sign that
identifies the occupant or use of the site shall be considered a directional sign. |
Directory Sign: A group of signs clustered together as a single structure or
compositional unit to advertise occupants of the same building or building complex. Double Faced Sign: A sign with two faces. Electrical Sign: A sign or sign structure in which electrical wiring, connections or
fixtures are used. Electronic Message Center: Any message board, where scrolling or moving copy or
images are shown on the same message board or any sign which changes its copy or
images electronically, mechanically, digitally, through the use of projection or
computer generation. Facade: The exterior surface of a building wall facing a street or containing a public
entrance, which corresponds to the height and width of the interior space owned or
leased by the occupant of the building. Face of Sign: The area of a sign on which the copy is placed. Festoons: A string of ribbons, tinsel, small flags, or pinwheels. Flag: A sign frequently constructed of fabric or other flexible material and frequently
displayed on a pole or staff which can be freestanding or attached to a building or
structure, and temporary in nature. Official flags of governmental jurisdictions properly
displayed and decorative flags on residences shall not be considered as signs for the
purposes of this Section. 11-12
Flashing Sign: A sign which contains an intermittent or sequential flashing light source
used primarily to attract attention. Does not include changeable copy signs, or signs
which, through reflection or other means, create an illusion of flashing of intermittent
light (compare "Animated Sign", "Changeable Copy Sign"). Freestanding Sign: A sign structurally separate from a building or structure that is
attached to or part of a self-supporting structure. Frontage: The length of the property line of any one premise along a public right-of-
way on which it borders. Frontage, Building: The length of an outside building wall on a public right-of-way. |
Government Sign: Any temporary or permanent sign erected and maintained by the
city, county, state, or federal government for traffic direction or for designation of or
direction to any school, hospital, historical site, or public service, property or facility. Height of Sign: The vertical distance measured from the highest point of the sign,
excluding decorative embellishments, to the grade of the adjacent street or the surface
grade beneath the sign, whichever is less (compare "Clearance"). Identification Sign: A sign whose copy is limited to the name and address of a
building, institution, or a person and/or to the activity or occupation being identified. Illegal Sign: A sign which does not meet the requirements of this By Law and which
has not received legal nonconforming status. Incidental Sign: A small sign, emblem, or decal informing the public of goods,
facilities, or services available on the premises, e.g., a credit card sign or a sign
indicating hours of business. Internally Illuminated Sign: A sign which utilizes translucent panels, canvas or other
fabric, letters, devices or other similar components to create an image by allowing light
to pass through. Lot: A parcel of land legally defined on a subdivision map recorded with the
assessment department or land registry office, or a parcel of land defined by a legal
record of survey map. Maintenance: For the purposes of this By-law, the cleaning, painting, repair, or
replacement of defective parts of a sign in a manner that does not alter the basic design
or structure of the sign. Mansard: A sloped roof or roof-like facade architecturally comparable to a building
wall. Marquee: A permanent roof-like structure or canopy of rigid materials supported by
extending from the facade of a building (compare "Awning"). Marquee Sign: Any sign attached to or supported by a marquee structure. |
Nameplate: A non-electric on-premise identification sign giving only the name,
address, and/or occupation of an occupant or group of occupants. 11-13
Nonconforming Sign: A sign which was erected legally, but which does not comply
with subsequently enacted sign restrictions and regulations. Also, a sign which does
not conform to Section 6.2, but for which a special permit has been issued. Occupancy: The portion of a building or premises owned, leased, rented, or otherwise
occupied for a given use. Off-Premises Sign: A sign structure advertising an establishment, merchandise,
service, or entertainment, which is not sold, produced, manufactured, or furnished at
the property on which said sign is located, e.g., "billboards" or "outdoor advertising". On-Premises Sign: A sign which pertains to the use of the premise on which it is
located. Owner: A person recorded as such on official records. For the purposes of this By
Law, the owner of the property on which a sign is located is presumed to be the owner
of the sign unless facts to the contrary are officially recorded or otherwise brought to
the attention of the Building Commissioner, e.g., a sign leased from a sign company. Painted Wall Sign: Any sign which is applied with paint or similar substance on the
face of a wall. Parapet: The extension of a false front or wall above a roofline. Person: For the purpose of this By Law, any individual, corporation, association, firm,
partnership, or similarly defined interest. Point of Purchase Display: Advertising of a retail item accompanying its display, e.g.,
an advertisement on a product dispenser. Pole Cover: Covers enclosing or decorating poles or other structural supports of a sign. Political Sign: For the purposes of this By Law, a temporary sign used in connection
with a local, state, or national election or referendum. |
Portable Sign: Any sign designed to be moved easily and not permanently affixed to
the ground or to a structure or building, e.g., trailer or A-Frame, not to include Banner
sign. Premises: A parcel of land with its appurtenances and buildings which, because of its
unity of use, may be regarded as the smallest conveyable unit of real estate. Projecting Sign: A sign, other than a flat wall sign, which is attached to and projects
from a building or wall or other structure not specifically designed to support the sign. Real Estate Sign: A temporary sign advertising the real estate upon which the sign is
located as being for rent, lease, or sale. Roofline: The top edge of a roof or building parapet, whichever is higher, excluding
any cupolas, pylons, chimneys, or minor projections. Roof Sign: Any sign erected over or on the roof of a building (compare "Mansard",
"Wall Signs"). Rotating Sign: A sign in which the sign itself or any portion of the sign moves in a
11-14
revolving or similar manner. Such motion does not refer to methods of changing copy. Sign: Any device, structure, fixture, or placard using graphics, symbols, and/or written
copy designed specifically for the purpose of advertising or identifying any
establishment, product, goods, or services. Sign, Area Of:
1. Projecting and Freestanding. The area of a freestanding or projecting sign
shall have all faces of any doubled-faced or multi-faced sign counted in
calculating its area. The area of the sign shall be measured as follows if
composed of one or two individual cabinets: (a) The area around and
enclosing the perimeter of each cabinet or module shall be summed and
then totaled to determine the total area. The perimeter of measurable area
shall not include embellishments such as pole covers, framing, decorative
roofing, etc. |
provided that there is not written advertising copy on such
embellishments; or (b) If the sign is composed of more than two sign
cabinets or modules, the area enclosing the entire perimeter of all cabinets
and/or modules within a single, continuous geometric figure shall be the
area of the sign. Pole covers and other embellishments shall not be
included in the area of measurement if they do not bear advertising copy. 2. Wall Signs. The area shall be within a single, continuous perimeter
composed of any straight line geometric figure which encloses the
extreme limits of the advertising message. If the sign is composed of
individual letters or symbols using the wall as the background with no
added decoration, the total sign area shall be calculated by measuring the
area within the perimeter advertising message. The combined areas of the
individual figures shall be considered the total sign area. 3. Others. For other signs the area shall be considered to include all
lettering, wording, and accompanying designs and symbols, together with
the background, whether open or enclosed, on which they are displayed. Both sides of double-faced signs shall be computed in determining gross
display area. Frames and structural members not bearing advertising
matter shall not be included in computation of sign area. For a sign consisting of individual letters, designs, and symbols attached
to or painted on a surface, building, wall or window, the area shall be
considered to be that of the smallest quadrangle which encompasses all of
the letters, designs and symbols. Snipe Sign: A temporary or poster affixed to a tree, fence, etc. Subdivision Identification Sign: A freestanding or wall sign identifying a recognized
subdivision, condominium complex, or residential development. Temporary Sign: A sign not constructed or intended for long-term use. Under Canopy Sign: A sign suspended beneath a canopy, ceiling, roof or marquee. |
11-15
Wall Sign: A sign attached parallel to and extending not more than eighteen (18) inches
from the wall of a building. This definition includes painted, individual letter, and
cabinet signs, and signs on a mansard. Window Sign: A sign installed inside a window and intended to be viewed from the
outside. Special Permit Granting Authority: Authority to issue specific special permits as designated by this
By-Law. Story: That part of a building comprised between a floor and the floor or roof next above. Story, Basement: The lower most story of which any portion of the floor is below the exterior grade. Street: A way which is over twenty-four (24) feet in right-of-way width which is dedicated or devoted
to public use by legal mapping or by any other lawful procedure. A street includes all public ways, a
way which the Town Clerk certified is maintained and used as a public way, a way shown on a plan
approved and endorsed in accordance with the "Subdivision Rules and Regulations in Easton,
Massachusetts" and a way having in the opinion of the Easton Planning & Zoning Board sufficient
width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation
to the proposed uses of the land abutting thereon or served thereby and for the installation of municipal
services to serve such land and the buildings erected or to be erected thereon. Structure: A combination of materials assembled at a fixed location that is safe and stable to give
support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel,
tent, stadium, reviewing stand, platform, bin, sign, fence, flagpole, swimming pool, shelters, sheds, or
the like. Structure, Nonconforming: A structure lawfully existing at the effective date of this by-law or any
subsequent amendment thereto, which does not conform to one or more provisions of this by-law. |
Trailer: Any vehicle which is designed primarily to be portable, and is arranged, intended, designed,
or used temporarily for sleeping, eating, or business use in conjunction with construction, or is a place
in which persons may congregate including a manufactured home, a tent trailer, travel trailer, motor
home, or camper. Truck Terminal: A facility for handling freight with or without maintenance facilities. Use: The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied
or maintained. Use, Accessory: A use incidental and subordinate to the principal use of a structure or
lot, or a use, not the principal use, which is located on the same lot as the principal
structure. Accessory use by area shall be interpreted not to exceed 10 percent of the
area of the total use of the structure or lot on which it is located. Use, Nonconforming: A use lawfully existing at the time of adoption of this by-law,
or any subsequent amendment thereto, which does not conform to one or more
provisions of this By-law, including an existing use permissible on special authorization
of the Board of Appeals but which has not been so authorized. Use, Principal: The main or primary purpose for which a structure, building, or lot is
11-16
designed, arranged, constructed, or intended, or for which it may be used, occupied or
maintained under this By-law. Any other use within the main structure or the use of
any other structure or land on the same lot and incidental or supplementary to the
principal use and under this by-law shall be considered an accessory use. Use, Substantially Different: A use which by reason of its normal operation would
cause readily observable differences in patronage, service, sight, noise, employment or
similar characteristics from the use to which it is being compared. Variance: Such departure from the terms of the by-law as the Board of Appeals upon appeal in specific
cases is empowered to authorize under the terms of Section 10.3. |
Veterinary facility or clinic: A place where animals or pets are given medical or surgical treatment
and the boarding of animals is limited to short term care incidental to the use. Warehouse: A building used primarily for the storage of goods and materials, for distribution, but not
for sale on the premises. Warehouse, Mini or Self Storage: Establishment providing individual storage units for long or short
term rental to persons or businesses. Wetlands: The term “wetlands”, as used in this By-Law, shall mean wet meadows, marshes, swamps,
bogs, areas where groundwater, flowing or standing surface water or ice provide a significant part of
the supporting substrate for a plant community for at least five months of the year; emergent and
submergent plant communities in inland waters; that portion of any bank which touches any inland
waters, or the most recent definition of the term “freshwater wetlands” found in G.L. c.131, §40. Where
these definitions conflict, the definition found in G.L. c. 131, §40 shall apply. Wholesale: Sale of goods not at retail. Yard: A portion of a lot, upon which the principal building is situated, unobstructed artificially from
the ground to the sky, except as otherwise provided herein. A court shall not be considered to be a
yard or any part thereof. Yard, Front: A yard extending for the width of the lot between the front line of the
nearest building wall and the front lot line. Yard, Rear: A yard, except by an accessory structure or accessory use as herein
permitted, extending for the full width of the lot between the rear line of the building
wall and the rear lot line. Yard Side: Yard extending for the full length of a building between the nearest
building wall and the side lot line. Zoning Act: Chapter 40A of the General Laws. |
11-17
APPENDIX A: TABLE OF USE REGULATIONS
R - Residential, R1 - Residential 1, B - Business, BN - Business Neighborhood, I - Industrial, E - Eleemosynary, M - Municipal
or Open Space, QCD – Queset Commercial District and vbd – village business district. ZBA – Special Permit/Zoning Board of
Appeals, PZB – Special Permit/Planning & Zoning Board, Queset Commercial District (QCD) with Sub-Districts A, B, C.
In the Queset Commercial (QCD) District, the following shall apply: N (or blank) – not permitted; Y – permitted in Subzones A, B,
and C; A – permitted in Subzone A only; B – permitted in Subzone B only; C – permitted in Subzone C only; SP (PZB)– permitted by
special permit of the Planning and Zoning Board; SP (ZBA) – permitted by special permit of the Zoning Board of Appeals; SP (BOS)
– permitted by special permit of the Board of Selectmen. PRINCIPAL USES
A. Residential Uses R R1 B BN I E M QCD1 VBD
1. Single family dwelling Y Y Y ZBA N ZBA N N ZBA
2. One 2-family or one duplex dwelling PZB PZB PZB N N N N B PZB
3. Multifamily Dwellings (See Sec. 8.4) N N Y N N N N N N
4. Conversion of an existing dwelling to two PZB PZB Y N N N N B PZB
dwelling units
1 Under Queset Commercial (QCD), letter designations A, B, or C refer to the subdistricts. Where Y appears the use is permitted anywhere in the QCD. Appendix A - 1
A. Residential Uses (con’t) R R1 B BN I E M QCD1 VBD
5. Mixed Use2 N N PZB N N N N PZB- Y
A/C)
6. Assisted living residence (See Sec. 8.2) ZBA ZBA ZBA N N N N N ZBA
7. Bed and breakfast (See Sec. 8.3) Y Y Y N N N N N Y
* ZBA for 5 to 10 rooms for rent
8. Nursing or convalescent home ZBA ZBA Y N N Y Y B/C ZBA
9. Flexible Development (See Sec. 8.1) PZB PZB N N N N N N N
10. Adult Retirement Development (See Sec. |
8.5) PZB PZB N N N N N N N
2 Provided that in the Queset Commercial District, mixed-use development shall be permitted only if at least 2/3 of the total gross floor area in the project is used for
Office, Retail or Restaurant Uses permitted under Subsections D and E of Section 5.3. Appendix A - 2
B. Institutional, Recreational, and Educational R R1 B BN I E M QCD1 VBD
Uses
1. Use of land or structures for religious purposes Y Y Y Y Y Y Y Y Y
2. Use of land or structures for educational purposes Y Y Y Y Y Y Y Y Y
on land owned or leased by the commonwealth or any
of its agencies, subdivisions or bodies politic or by a
religious sect or denomination, or by a nonprofit
educational corporation
3. Child care center or school aged child care Y Y Y Y Y Y Y Y Y
program
4. Cemeteries ZBA ZBA N N N ZBA Y N N
5. Indoor or outdoor recreation facility owned or Y Y Y N Y ZBA Y B/C Y
operated by an agency of Town or other government
6. Essential services ZBA ZBA ZBA ZBA ZBA ZBA ZBA ZBA ZBA
7. Private nonprofit libraries or museums Y Y Y Y Y Y Y A/C Y
8. Private nonprofit community center building, ZBA ZBA ZBA N N Y N A ZBA
settlement house, adult education center or other
similar facility provided indoor or outdoor noisy
activities shall be not less than 50 ft. from any lot line
and shall not be detrimental to the neighborhood by
reason of noise in any season
9. Hospital, elderly retirement facility and/or elderly ZBA ZBA Y N N Y Y B/C ZBA
congregate housing
Appendix A - 3
B. Institutional, Recreational, Educational (con’t) R R1 B BN I E M QCD1 VBD
10. All Town uses and buildings Y Y Y Y Y Y Y Y Y
Appendix A - 4
C. Agricultural Uses R R1 B BN I E M QCD1 VBD
1. Farming - agricultural, orchard, horticultural, or Y Y Y Y Y Y Y Y N
silvicultural, on five or more acres of land or two
qualified acres
2. |
Farming - on less than five acres of land or less Y Y ZBA N ZBA Y Y Y N
than two qualified acres, may include livestock or
poultry but not swine, provided that any building
housing livestock or poultry be not less than 50 ft.
from the property boundary
3. One roadside stand per farm for sale of agricultural Y Y Y Y Y N N Y Y
products, the major portion of which are grown or
produced on the premises; permitted if on five or
more acres of land or two qualified acres as per G.L. c. 40A, s. 3
4. Roadside stand not exempt per G.L. c. 40A, s. 3 Y Y Y Y Y Y Y Y Y
5. Farmers market PZB PZB PZB PZB PZB N PZB Y PZB
Appendix A - 5
D. Office and Laboratory R R1 B BN I E M QCD1 VBD
1. Business, financial, and professional use N N Y Y Y N N Y Y
2. Offices and clinics for medical, psychiatric, or N N Y Y Y N N Y Y
other health services for examination or treatment of
persons as outpatients, including only urgent care
facilities or laboratories that are part of such office or
clinic
3. Laboratory or research facility N N Y Y Y N N Y N
4. Commercial or educational radio or television N N Y Y Y N N Y Y
studio
Appendix A - 6
E. Retail Business and Consumer Service R R1 B BN I E M QCD1 VBD
Establishments
1. Store for retail sale of merchandise, provided all N N Y Y Y N N Y Y
display, storage, and sale of materials are conducted
within a building and provided there be no
manufacturing or assembly on the premises
2. Restaurant serving food and beverages to be N N Y N ZBA N N Y3 Y
consumed within the building
3. Bakery, deli, ice cream shop, or similar N N Y Y N N N Y Y
establishment where food is prepared and sold at
retail on the premises for consumption elsewhere, but
not including drive-through or drive-up service
4. Drive-in, open-air restaurant, outside dining N N ZBA N ZBA N N PZB-B ZBA
facility, or other establishment providing food and
beverages with no live or mechanical entertainment
5. All other drive-in or drive-through facilities N N ZBA ZBA ZBA ZBA ZBA PZB PZB
6. |
Space for manufacturing, assembly, or packaging N N Y N Y N N B/C Y
of consumer goods, provided that at least 50% of such
merchandise is sold at retail on premises and that all
display, sales, and storage is conducted within
building and further provided that not more than 25%
of floor area is de- voted to manufacturing, assembly,
or packaging of consumer goods and not more than 5
persons are employed at any one time for
manufacturing, assembly, or packaging of such goods
3 In the Queset A Subdistrict: (a) a restaurant may also provide food service on a patio or an outdoor seating area directly adjacent to the building; (b) drive-through
service is prohibited. Appendix A - 7
E. Retail Business and Consumer Service (con’t) R R1 B BN I E M QCD1 VBD
7. Personal service establishment N N Y Y ZBA N N Y Y
8. General service establishment N N Y Y ZBA N N Y Y
9. Hand laundry, dry cleaning, or tailoring, or other N N Y N Y N N B/C Y4
similar uses, provided personnel is limited to not
more than six (6) persons at any one time on the
premises
10. Mortuary, undertaking, or funeral establishment N N Y N N N N B N
11. Veterinary establishment, provided that animals N N Y Y Y N N B/C N
are kept indoors
12. Store for retail sale of merchandise such as but N N N N Y N N N N
not limited to lumber yards and building supply yards
wherein merchandise is stored in the open, provided
that all merchandise is screened from ground level
view from any abutting street or abutting property
where such materials are stores
13. Planned Business Development N N PZB N PZB N N PZB N
14. Hotel or Motel N N PZB N N N N PZB PZB
15. Trade, professional, or other school conducted as N N Y Y ZBA Y N B/C Y
a private business for gain
16. Nonprofit membership club or fraternal lodge ZB ZBA Y N N Y N B/C ZBA
A
17. Commercial recreation, outdoors ZB ZBA ZBA ZBA ZBA ZBA ZBA Y ZBA
A
18. |
Commercial recreation, indoors N N ZBA N ZBA N N Y ZBA
4 Dry cleaning facilities are prohibited in the Village Business District
Appendix A - 8
E. Retail Business and Consumer Service (con’t) R R1 B BN I E M QCD1 VBD
19. Theater N N ZBA N N N N Y ZBA
20. Sales places for flowers, garden supplies, N N Y N Y N N Y N
agricultural produce partly or wholly outdoors,
including commercial greenhouses
21. Adult Entertainment Establishment N N N N ZBA N N N N
Appendix A - 9
F. Motor Vehicle Related Uses R R1 B BN I E M QCD1 VBD
1. Motor vehicle light service N N ZBA N Y N N ZBA-C N
2. Sale or rental of motor vehicles or boats and N N Y N Y N N B/C N
accessory storage conducted partly or wholly within
an enclosed sound-insulated structure to protect the
neighborhood from inappropriate noise and other
disturbing effects such as but not limited to flashing,
fumes, gases, smoke, and vapors
3. Motor vehicle repair shops, provided all work is N N Y N Y N N B N
carried out within the building
4. Motor vehicle washing establishments N N ZBA N ZBA N N ZBA-C N
5. Truck and heavy equipment repair shops provided N N ZBA N Y N N N N
all work is carried out within the building
6. Motor vehicle hourly rental station N N N ZBA ZBA ZBA ZBA ZBA ZBA
7. Electric charging station, Level Two N N N Y Y Y Y Y ZBA
Appendix A - 10
G. Industrial, Wholesale, and Transportation R R1 B BN I E M QCD1 VBD
Uses
1. Laundries and dry cleaning plant N N N N Y N N N N
2. Printing, binding, publishing and related arts and N N N N Y N N N Y
trade
3. Bottling of beverages N N N N Y N N N Y
4. Plumbing, electrical, or carpentry shop or other N N ZBA N Y N N N ZBA
similar service or repair establishment
5. Place for manufacturing, assembling, or packaging N N N N Y N N N N
of goods, provided that all resulting cinders, dust,
flashing, fumes, gases, odors, refuse matter, smoke
and vapor be effectively confined to the premises or
be disposed of in a manner that does not create a
nuisance or hazard to safety or health
6. |
Wholesale business and storage in a roofed N N N N Y N N N N
structure
7. Place for exhibition, lettering, or sale of N N Y N N N N B N
gravestones
8. Warehouse N N N N Y N N N N
9. Trucking and freight terminals N N N N Y N N N N
10. Planned Industrial Development N N N N PZB N N N N
Appendix A - 11
H. Other Principal Uses R R1 B BN I E M QCD1 VBD
1. Extractive industries, manufacture, distribution or N N N N N N N N N
sale of explosives, or any trade, industry or other use
that is noxious or hazardous by reason of vibration or
dust, gas, fumes, smoke, cinders, flashing, or
excessively bright lights, refuse matter or electro-
magnetic radiation
2. Open-lot storage including storage in trailers and N N N N N N N N N
semitrailers
3. Any use hazardous to health because of danger of N N N N N N N N N
flooding, inadequacy of drainage or inaccessibility of
drainage or in-accessibility to firefighting apparatus
or other protective service
4. Junk yard, sales of junk, or salvaged materials N N N N N N N N N
5. Heliport, helistop N N N N ZBA ZBA N N N
6. Dog Kennel ZBA ZBA ZBA N ZBA ZBA ZBA N N
7. Trailer for business use N N ZBA N ZBA ZBA ZBA N N
8. Communications Tower and Wireless N N ZBA ZBA ZBA ZBA ZBA N N
Communications Facility
Appendix A - 12
I. Accessory Uses R R1 B BN I E M QCD1 VBD
1. Private greenhouse, stable, tennis court, swimming Y Y Y Y Y Y Y Y N
pool, or other similar building or structure for
domestic use
2. The raising or keeping of livestock or poultry as Y Y Y Y Y Y Y N N
pets or for use by residents of the premises provided
that no building for livestock or poultry may be less
than 25 ft. from any side or rear lot line nor nearer
than 50 ft. to any front lot line
3. Any customary home occupation provided that not Y Y Y Y Y N N Y Y
more than three (3) employees, one of whom can be
a nonresident, shall be employed on the premises at
any one time
4. |
The use of a portion of a dwelling or accessory Y Y Y ZB Y N N B/C ZBA
building thereto by a resident builder, rental office, A
carpenter, painter, plumber, electrician, or mason or
by a resident tree surgeon or landscape gardener or
for incidental work and storage in connection with an
off-premise occupation, provided there is no external
change which alters the residential appearance of the
buildings and further provided that all storage is kept
indoors
5. Renting of rooms in an existing dwelling to not Y Y Y N N N N N ZBA
more than three (3) boarders
6. Home office for resident physician, dentist, Y Y Y Y Y N N B/C Y
attorney-at-law, architect, engineer or member of
other recognized profession provided that not more
than three (3) persons shall be employed on the
premises at any one time
Appendix A - 13
I. Accessory Uses (con’t) R R1 B BN I E M QCD1 VBD
7. Heliport, helistop N N N N ZBA ZBA N N N
8. Dog Kennel ZBA ZBA ZBA N ZBA ZBA ZBA N N
9. Car Washing Establishments N N ZBA N ZBA N N N N
10. Trailer for business use N N ZBA N ZBA ZBA ZBA N N
11. Antenna Transmitter/ Receiving Tower, ZBA ZBA ZBA ZBA ZBA ZBA Y N ZBA
Residential Use (in excess of 25 feet above roof ridge
height)
12. Antenna Transmitter/Receiving Tower, N N ZBA ZBA ZBA ZBA Y N ZBA
Commercial (in excess of 25 feet above roof ridge
height)
13. Family home day care, small Y Y Y N N N N N Y
14. Family home day care, large ZBA ZBA ZBA N N N N N ZBA
15. Adult social day care ZBA ZBA ZBA ZBA ZBA ZBA ZBA ZBA ZBA
Appendix A - 14
Appendix B: Dimensional and Density Regulations
No building or structure shall be built or shall any existing building or structure be enlarged except in conformance with the regulations of the Easton
Zoning By-law as to lot coverage, lot area per dwelling unit, lot width, front, side and rear yards, and maximum height of structures, in the districts
as set forth below except as may otherwise be provided elsewhere in the Easton Zoning By-law. |
Except in the Queset Commercial District, if more than one building (other than a one, two or three-car garage, a tool-shed, a greenhouse or a cabana)
may lawfully be placed on any lot in single or common ownership, the distance between the nearest parts of such buildings shall be not less than
forty (40) feet. DIMENSIONAL AND DENSITY REGULATIONS TABLE
Continuous Minimum Yard Depth in Ft. Maximum Maximum Maximum
Minimum (2) Building % of Lot Minimum # of Stories Building Building
Minimum Lot Frontage Minimum Height Coverage Open Space Above Placement Placement
Front Rear Side
Zoning Lot Size in Lin. Ft. Lot Depth in Ft. by % Lot Grade % Frontage % Frontage
District in Sq. Ft. (2) (10) in Ft. (3) Structure Area17 (5) Minimum Maximum
Residential - R 40,000 150 25 20 15 100 25 (15) 20 3
Residential 1 - R1 40,000 150 25 20 15 100 25 (15) 20 3
(11)
Business - B 40,000 150 50 40 25 125 45 25 3
16
Business 40,000 150 50 20 25 125 35 25 3
Neighborhood
BN
Village Business- 2,000 40 NA 10 NA NA 45 NA 3
VB
(20) (20) (20) (20) (20)
Industry - I 40,000 150 50 40 25 160 50 25 3
(9)
Eleemosynary (8) (8) (8) (8) (8) (8) (8) (8) (8)
E
Flood Plain - F (1) (1) (1) (1) (1) (1) (1) (1) (1)
Appendix B - 1
Continuous Minimum Yard Depth in Ft. Maximum Maximum Maximum
Minimum (2) Building % of Lot Minimum # of Stories Building Building
Minimum Lot Frontage Minimum Height Coverage Open Space Above Placement Placement
Front Rear Side
Zoning Lot Size in Lin. Ft. Lot Depth in Ft. by % Lot Grade % Frontage % Frontage
District in Sq. Ft. (2) (10) in Ft. (3) Structure Area17 (5) Minimum Maximum
Municipal or (7) (7) 50 40 25 125 (7) (7) (7)
Open Space - M
Queset A 40,000 150 30 25 25 4518 N/A 20% 318 60% 90%
Queset B 25,00019 125 25 20 25 45 N/A 10% 3 50% 75%
Queset C 40,000 150 30 20 25 45 N/A 15% 3 60% 80%
Apartments 60,000 250 75 40 25 160 40 25 3
Motel 60,000 250 75 50 50 160 35 25 3
The above notes for apartments and motels and are not to be construed as separate zones. (1) Restrictive Use. |
(2) On lots abutting streets on more than one side, the front yard requirements shall apply to each of the abutting streets. (3) These height restrictions shall not apply to chimneys, water towers, skylights and other necessary features appurtenant to buildings which are usually carried
above roofs and are not used for human occupancy. (4) Deleted in its entirety at Adjourned Annual Town Meeting April 9, 1985. (5) This restriction does not apply to above-ground swimming pools. (6) Apartments--See Section 8.4 for requirements. (7) No restriction. (8) Permit from the Planning & Zoning Board. (9) No industry which produces dust, fumes, smoke, odors, noise, or pollutants of any type shall in the future be constructed or placed on a parcel of land in the
industrial zone within five hundred (500) feet of any church, school or dwelling, existing or in the process of being erected at the time of adoption of this by-
law. (10) Where present buildings on adjoining lots are less than twenty-five (25) feet from the front lot lines, new buildings may be placed as near the way as the
average of the buildings on said adjoining lots. A vacant lot shall, for this purpose, be treated as so occupied by a building set back twenty-five (25) feet. (11) Deleted Special Town Meeting 1/23/95
Appendix B - 2
(12) Continuous minimum Lot Width shall require that each RESIDENTIAL LOT shall have 150 feet of frontage width, and at least 100 feet of horizontal
distance between the side lot lines at the minimum front yard depth of 100 feet for residential lots. (13) Continuous minimum Lot Width shall require that each BUSINESS LOT shall have 150 feet of frontage width, and at least 100 feet of horizontal distance
between the side lot lines at the minimum front yard depth of 125 feet for business lots. (14) Continuous minimum Lot Width shall require that each INDUSTRIAL LOT shall have 150 feet of frontage width, and at least 100 feet of horizontal distance
between the side lot lines at the minimum. |
(15) Height
One (1) foot may be added to the Maximum Building Height for each additional foot by which (i) the front setback exceeds the minimum front setback
distance) or (ii) the narrower side setback exceeds the minimum side setback distance, whichever of these two distances is the smallest; provided the
height shall not in any case exceed thirty-five (35) feet. In situations where a building is allowed to be closer to a property line one (1) foot shall be deducted from the Maximum Allowable Building Height
for each foot by which (i) the front setback is less than the minimum front setback distance or (ii) the narrower side setback is less than the minimum
side setback distance, whichever of these two distances is the greatest. This reduction in Maximum Height shall apply only to the portions of the
building that occupy the space between the property line and the corresponding setback line. In instances where a building has a walk out basement located on the rear wall the grade plane shall be calculated using the mean grade from all front and side
walls. (16) Minimum front yard depth of less than 50 feet may be granted via Special Permit by the Planning and Zoning Board. Waivers of this minimum requirement
will only be granted when the applicant demonstrates the proposed front yard depth is consistent with good and consistent planning practices; closely matches
the setbacks of the surrounding area and will not have a negative impact on adjacent properties. (17) At least 50% of the open space shall be landscaped open space in front of or beside the principal building on the lot, visible from the public way. In Queset
A, pedestrian plaza or other pedestrian amenities located in front of the building may be counted toward the minimum open space requirement, subject to
approval by the Planning Board. (18) In Queset A up to 4 stories and/or 60’ may be allowed through design review. The façade length of any 4th story is limited to 60% of the ground floor façade
length. |
(19) With shared access and shared parking; otherwise, 40,000 sq. (20) In the Village Business District, the Planning and Zoning Board may, in conjunction with any site plan review proceeding as may be required under Section
10.6, require larger setbacks, decreased height or decreased lot coverage if such modified dimensions are warranted by existing conditions and/or the nature
and location of existing buildings on abutting lots; or if such modified dimensions are necessary to ensure that there will be no detriment to the surrounding
neighborhood. Appendix B - 3 |
Subsets and Splits