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ARTICLE VIII OF THE BY-LAWS ZONING BY-LAW SECTION I. PURPOSES AND VALIDITY A. PURPOSES The purposes of this Zoning By-law are to promote the health, safety, convenience, morals and welfare of the inhabitants of the Town and to accomplish all other lawful objectives of zoning, including, but not limited to, the purposes and objectives set forth in Section 2A of Chapter 808 of the Acts of 1975. B. VALIDITY The provisions of this Zoning By-Law are severable and if provisions, or the application of such provision to any property, person or circumstances, shall be determined by judicial process to be invalid, such invalidity shall not be construed to affect the validity of any other provision or the application of any provision to any other property, person or circumstances. If in a Single Family Residence District any such regulation shall be held, by judicial process to be invalid with respect to any property, that property thereafter shall be subject to the comparable regulation applicable in the class of single family residence district next following in the alphabetical designation found in Section IV, Subsection a "District Designations". (end of Section I) 1 SECTION II. DEFINITIONS For the purpose of this Zoning By-Law, certain terms and words are defined as follows. Terms or words not defined in this Section or elsewhere in this By-Law, but defined in the latest edition of the State Building Code (780 CMR), or in the Massachusetts General Laws, shall have the meaning given therein. ACCESSORY APARTMENT An apartment located in a Single Family Dwelling or a detached Accessory Building in compliance with a Special Permit issued under Section VI.G of this By-law. ACCESSORY BUILDING A detached Building devoted exclusively to an Accessory Use. ACCESSORY USE A use of land which is customarily incidental and subordinate to, and located on the same Lot as, the Principal Use it serves. AQUIFER A geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water. ATTIC That portion of a pitched roof building located under the roof construction between the ridge line and the ceiling level of the uppermost story. AVERAGE GRADE The average of the elevations of the Natural Grades around the perimeter of a proposed building, as determined by the formula: Σ [(e + e ) /2 x L] P where S is a segment of the building perimeter, e and e are the Natural Grades at the respective ends of the segment; L is the corresponding length of the segment; and P is the length of the total building perimeter. In the case of a rectangular building, Average Natural Grade may be determined by taking the average of the Natural Grades of the four extreme corners of the building. BASE FLOOD Base Flood shall mean the flood having a one percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION Base Flood Elevation shall mean the flood elevations shown on the FIRM. 2 BASEMENT That portion of a building which is partly or completely below Finish Grade (See “Story Above Grade”). BUILDING Any Structure having a Roof supported by columns or walls, and intended for the shelter of persons, animals, or property of any nature. The word “Building” shall be construed where the context requires as though followed by the words “or part of parts, thereof”. BUILDING COVERAGE The area covered by the foundation of a building together with any overhang of any part of the building extending beyond the foundation. CHILD CARE FACILITY A Day Care Center or a School Age Child Care Program, but not including: (a) any program operated by a public school system; any part of a private organized educational system, unless the services of such system are primarily limited to either a school age day care program, or kindergarten, nursery or related preschool services; (b) a Sunday school or classes for religious instruction conducted by a religious organization; (c) a facility operated by a religious organization where the children are cared for during short periods of time while persons responsible for such children are attending religious services; (d) a Family Day Care Home; (e) an informal cooperative arrangement among neighbors or relatives; or (f) the occasional care of children with or without compensation therefor. CO-LOCATION The use of a building or structure already occupied by a Personal Wireless Service Facility by the Personal Wireless Service Facility(ies) of additional Personal Wireless Service(s). DAY CARE CENTER A Child Care Facility, whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or pre-school, or any other name, which receives children not of common parentage, under seven years of age or, if such children have special needs, under sixteen years of age, for nonresidential custody and care during part or all of the day separate from their parents. DISPOSAL The deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any water, including groundwater. DORMITORY A Building or portion thereof used as living quarters for a group of five or more unrelated persons, as accessory to an exempt religious or educational use located on the same Lot. DWELLING A permanent Building used or intended to be used exclusively for human habitation and containing one or more Dwelling Units. Dwelling shall not include a trailer or mobile home, however mounted, or a Dormitory, Long Term Care Facility, or other congregate living facility. 3 DWELLING UNIT A permanent Building, or portion thereof, used or intended to be used as the residence of a single Family. EATING PLACE A commercial establishment in which the primary business conducted is the sale and service of prepared food, refreshments, and/or beverages for consumption at tables or counters on the Premises. The term Eating Place does not include a Fast Food Establishment. FAMILY One or more persons, including domestic employees, occupying a Dwelling Unit as a single non-profit housekeeping unit, provided that a group of five or more persons who are not related to each other by blood or civil law, shall not be deemed to constitute a Family. FAMILY DAY CARE HOME Any private residence which, on a regular basis, receives for temporary custody and care during part or all of the day, children under seven years of age or children under sixteen years of age is such children have special needs, provided that the total number of children in the family day care home shall not exceed six, including participating children living in the residence. The term Family Day Care Home shall not include: a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefor. FARM An establishment devoted (apart from residential use) wholly or predominantly to the commercial production of vegetables or other crops, fruit, dairy products, maple products, honey, or any combination thereof, including as an incident of the operation of such establishment the sale by its proprietor of its products only, either in their natural state or forming the major ingredients of processed commodities. The term "farm" does not include an establishment devoted (apart from residential use) wholly or predominantly to processing or distributing farm products dissociated from their production, or (except in connection with dairying) to commercial raising, keeping, selling or production of or other dealing with animals or poultry or eggs, furs, skins or other products of animals or poultry, and does not include a commercial greenhouse or nursery. FAST FOOD ESTABLISHMENT A commercial establishment in which the primary business conducted is the sale of prepared food, refreshments and/or beverages in disposable containers for consumption either off the Premises or in vehicles on the premises. FLOODWAY DATA In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. 4 FRONTAGE/FRONTING The line measured continuously along the street sideline from the point where one sideline of the lot intersects the street sideline to the point where the second sideline of the lot intersects the street sideline. Where the continuous street sideline is broken by a backup area, the frontage line shall be measured across the mouth of the backup area and not around its perimeter. GARAGES (in Multiple Dwelling Districts) Roofed structures or carports rented to or used by residents of a multiple dwelling unit. Such structures may be attached to or separate from the multiple dwelling buildings. GRADE For purposes of dimensional determinationsand based upon North American Vertical Datum of 1988 (NAVD 88). NATURAL GRADE shall be the natural grade of the land at any point along the perimeter of a proposed building prior to disturbance for construction. The elevation of the natural grade prior to disturbance for construction shallrtified by a registered land surveyor, or may be such elevation as may be determined from maps or records satisfactory to the town. FINISH GRADE shall be the final grade of the land at any point along the perimeter of a building at the completion of construction. The elevation of the finish grade shall be determined by a site plan satisfactory to the Town showing proposed contours at completion of construction. GRADE PLANE A horizontal reference plane passing through the elevation of the Average Natural Grade of a proposed building from which building height is determined. GROUNDWATER All water found beneath the surface of the ground. In this Zoning By-Law the term refers to the slowly moving subsurface water present in aquifers and recharge areas. HAZARDOUS MATERIALS Any substance or combination of substances, that, because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if disposed of into or on any land or water. Any substance deemed a "hazardous waste" in Mass. Gen. Laws. ch. 21C shall also be deemed a hazardous material for purposes of this Zoning By-Law. HEIGHT The vertical distance from the Grade Plane to the highest point of a building. IMPERVIOUS Impenetrable by water. LONG-TERM CARE FACILITY An establishment for the recuperation, rehabilitation, or care of elderly, invalid, or convalescent persons. The term does not include a hospital or diagnostic medical center. 5 LOT The whole area of continuous land under one Ownership, whether there be one or more than one owner and whatever the form of tenure. MUNICIPAL PURPOSE USE The use of land or Structures by the Town of Weston for municipal services and facilities of any kind, including but not limited to schools, libraries, playgrounds, parks, wastewater treatment, solid waste transfer, communications, and offices. MULTIPLE DWELLING A Building containing two or more Dwelling Units, such as an apartment house, town houses or row houses, but not including a Single Family Dwelling with an Accessory Apartment. NONCONFORMING BUILDING OR STRUCTURE A building, structure or portion thereof which does not conform to the height and location regulations for the district in which it is located. NONCONFORMING LOT A lot which does not conform to the area, frontage, and/or dimensional regulations for the district in which it is located. NONCONFORMING USE A use of a building, structure, or land which does not conform to the use regulations of the district in which it is located. PERMIT GRANTING AUTHORITY The Zoning Board of Appeals. PERSONAL WIRELESS SERVICES Shall have the same meaning as in the Telecommunications Act of 1996, 47 USC §332(c)(7)(C), including, but not limited to, commercial mobile services, including but not limited to, cellular services, personal communications services, advanced wireless services, and broadband wireless services. PERSONAL WIRELESS SERVICE FACILITY Any and all materials, equipment, cabling, storage structures, monopoles, towers, satellite dishes and/or antennas intended for transmitting or receiving Personal Wireless Services. PREMISES A lot, together with any structures and appurtences thereon. PRINCIPAL USE A primary or main use of a lot. RECHARGE AREAS Areas from which precipitation or surface water can migrate into an aquifer. 6 REPLACEMENT SINGLE FAMILY DWELLING The supplanting of all or a portion of a demolished or substantially demolished single-family dwelling with a substitute single- family dwelling in the same or in a different location on the lot, or the relocation on the lot of an existing single family dwelling. RESIDENTIAL GROSS FLOOR AREA (“RGFA”) The sum of the horizontal area(s) of the above-grade floors in the residential building(s) on a lot, excluding unfinished attics but including attached or detached garages. The RGFA shall be measured from the exterior face of the exterior walls. ROOF The outside top covering of a building with its supporting members, not including vertical supports. For purposes of dimensional determinations, roof slopes shall be established as follows: Pitched Roof : A roof plane with a slope greater than 3:12 [Three (3) inches of vertical rise for every twelve (12) inches of horizontal run]. Flat Roof : A roof plane with a slope equal to or less than 3:12 [Three (3) inches of vertical rise for every twelve (12) inches of horizontal run]. A building shall be construed to be covered with a pitched roof when 30% or more of the area within the total building perimeter is covered with roofs of slopes greater than 3:12. SCENIC ROAD Those early Town Roads and / or core transportation routes which the Planning Board has identified as best representing the historic, rura l and otherwise scenic character of the Town. These roads are: Ash Street, Boston Post Road and Boston Post Road By-Pass (Route 20), Brown Street, Chestnut Street, Church Street, Conant Road, Concord Road, Crescent Street, Fiske Lane, Glen Road, Highland Street, H illtop Road, Kingsbury La ne, Lexington Street, Lincoln Street, Loring Road, Love Lane, Mapl e Road, Merriam Street , Newton Street, North Avenue (Route 117), Oak Street, Pigeon Hill Road, Pine Street, Ridgeway Road, Ripley Lane, School Street, Silver Hill Road, South Ave nue (Route 30), Sudbury Road, Summer Street including By-Pass, Viles Street, Ware Street, Webster Road, Wellesley Street, Winter Street. SCHOOL AGE CHILD CARE PROGRAM A Child Care Facility providing supervised group care, on a regular basis before or after school and/or during school vacation and holidays, for children not of common parentage who are enrolled in kindergarten and are of sufficien t age to enter first grade the following year, and/or older children of common parentage not mo re than fourteen years of age (or sixteen years of age if such child has special needs) . Such facility must include a planned daily program of activities attended by children for speci fically identified blocks of time during the week, usually over a period of weeks or months SETBACK The shortest distance from the street side line, street center line, or lot line, as the case may be, to any part of the foundation of a building or structure. 7 SIGN Any advertising symbol or device used or intended to advertise or promote the interests of any entity when the same is placed out of doors or is visible from the exterior by reason of being placed in or on a window or outside door. SINGLE FAMILY DWELLING A Dwelling used or intended to be used principally as the residence of a single Family, with or without an Accessory Apartment authorized under Section VI.G of this Zoning By-law. When the context indicates, the term Single Family Dwelling shall also refer to the Principal Use of the lot for such purpose. SOLID WASTES Useless, unwanted or discarded solid materials, with insufficient liquid content to be free flowing, including for example, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse. SPECIAL PERMIT GRANTING AUTHORITY (SPGA) The Board of Selectmen, the Zoning Board of Appeals, or the Planning Board, as may be designated in Zoning By-law for the issuance of a particular special permit. STORY That portion of a building included between the upper surface of a floor and the upper surface of a floor or roof next above. STORY ABOVE GRADE Any Story having its finished floor surface entirely above finish grade, except that a Basement shall be considered as a story above grade where the finished surface of the floor above the Basement is: a) More than six (6) feet above average finish grade e; b) More than six (6) feet above Grade for more than 50% of the total building perimeter; or c) More than twelve (12) feet above Grade at any point. STREET In connection with frontage regulations, a street is any constructed and paved public or private way shown on the official map of the Town. STREET SIDE LINE The legal boundary between the street right of way and the abutting lot(s). STRUCTURE Anything constructed, assembled, erected or maintained at a fixed location above or below ground, including, but not limited to, the following examples: antenna, bridge, building, gazebo, mechanical equipment, pergola, platform or deck, satellite dish, shed, swimming pool, and an apron of five (5) feet measured from water’s edge, tennis or similar court, tower, trailer without wheels, trellis, tunnel. The word “structure” shall be construed as if followed by the words “or part thereof, ” but shall not include underground utilities, septic systems, underground storm water drainage systems, driveways, or landscape features such as birdbaths, fountains, patios, flagpoles, lamp posts, planting boxes and swing sets. A fence shall be considered a structure only if it is more than six (6) feet high, as measured from existing natural grade. 8 A wall, other than a retaining wall, shall be considered a structure if it is constructed of any masonry material including concrete and is thirty-six (36) inches or more above existing natural grade. A retaining wall constructed of any material (including rip-rap) shall be considered a structure if it is thirty–six (36) inches or more above existing natural grade. For purposes of determining the height of stepped walls or retaining walls, the thirty-six (36) inch height shall be measured in the aggregate, vertically from existing natural grade to the highest point of the wall. SUBSTANTIALLY DEMOLISHED Destruction of more than 50% of the exterior walls of a Building or the destruction of more than 75% of the Roof of a Building. SUBSTANTIAL IRREGULARITY A lot having a coefficient lower than 0.4 is considered to be substantially irregular, as 2 determined by the formula r = 16A/p (where r = the coefficient of regularity; A = area; and p = perimeter). WIRELESS COMMUNICATIONS FACILITIES Any and all materials, equipment, storage structures, monopoles, towers, satellite dishes and/or antennae intended for transmitting or r eceiving telecommunications services including, but not limited to radio, television and cellular telephone services, except as may be incidental to a residential use. ZONE II Zone II is defined as that area of an aquifer which contributes water to a well under the most severe recharge and pumping conditions that can be realistically anticipated. It is bounded by the groundwater divides which result from pumping the well and by the contact of the edge of the aquifer with less permeable materials such as till and bed rock. ….. (end of Section) 9 SECTION III. PRE-EXISTING NONCONFORMING BUILDINGS, STRUCTURES AND USES A. GENERAL Subject to the provisions of the zoning statutes respecting issuance of Building Permits and construction work, this Zoning By-Law shall not apply to existing buildings or structures, nor to the existing use of any building or structure, nor of land to the extent to which it is used at the time of adoption of this Zoning By-Law, provided that any change of use thereof, any alteration of a building or structure when the same would amount to extension thereof and any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration, or for its use for the same purpose to a substantially greater extent shall be subject upon application to the finding of the Zoning Board of Appeals as the Special Permit Granting Authority that such change, extension or alteration will not be substantially more detrimental to the neighborhood than the existing nonconforming use or structure. B. DISCONTINUEU DSE A nonconforming use of any building, structure, or land protected by Subsection III,A. above, if discontinued for a period of two years or more, shall not be resumed. C. RECONSTRUCTION A nonconforming building or structure protected by Subsection A above, if substantially destroyed by fire or other casualty, may be rebuilt within one year, provided that in rebuilding it shall be made to conform to this Zoning By-Law so far as practicable. (end of Section III) 10 SECTION IV. ESTABLISHMENT OF DISTRICTS AND BOUNDARIES A. DISTRICTDESIGNATIONS For the purpose of this Zoning By-Law the Town is hereby divided into the following classes of districts to be known as: 1. Single Family Residence Districts (A) 2. Single Family Residence Districts (B) 3. Single Family Residence Districts (C) 4. Single Family Residence Districts (D) 5. Multiple Dwelling Districts (A) 6. Multiple Dwelling Districts (B) 7. Business Districts (A) 8. Business Districts (B) 9. Office & Research and Development Districts 10. Commercial Districts 11. Wetlands and Flood Plain Protection District (A) 12. Wetlands and Flood Plain Protection District (B) 13. Aquifer Protection Overlay Districts 14. Personal Wireless Service Overlay Districts B. DISTRICTBOUNDARIES 1. ZoningMap. The location and boundaries of all districts except the Wetlands and Flood Plain Protection Districts, as amended, and the Aquifer Protection Overlay District are shown on a map on file in the office of the Town Clerk entitled "Zoning Map Town of Weston, Massachusetts, November, 2007. The location and boundaries of all Wetlands and Flood Plain Protection Districts are shown, as amended, on a map on file in the office of the Town Clerk entitled "Wetlands and Flood Plain Protection District, Weston, Mass.- 1980". The location and boundaries of all Aquifer Protection Overlay Districts are shown on a map on file in the office of the Town Clerk entitled "Aquifer Protection Overlay District, Town of Weston, 1988" all of which, together with all explanatory matter, boundary lines and designations, are hereby made a part of this Zoning By-Law. 2. General Locations of District Boundaries. Where the boundary lines are shown upon the map within the lines of public or private ways, the center lines of the ways shall be the boundary lines. Boundary lines located outside the lines of ways and shown approximately parallel thereto shall be regarded as parallel thereto, and dimensions shown in figures placed upon the map between the boundary lines and the lines of ways are the distance in feet of the boundary lines from the lines of ways, such distances being measured at right angles to the lines of ways unless otherwise indicated. In all cases which are not covered by other provisions of this Subsection, the location of boundary lines shall be determined by the distance in feet, if given, from other lines or points on the map, by the use of identification as shown on the map, or by the scale of the map. 11 3. Lots Divided By Zoning Districts. Where boundary lines of a district, other than the boundary line of the Wetlands and Flood Plain Protection District and Aquifer Protection Overlay Districts divide a lot, the dwelling on such a lot shall conform to the area, frontage, setbacks and lot width requirements of the district where the dwelling is located; and where the dwelling itself straddles a district line, as above defined; the entire lot shall conform to the area, frontage, setbacks and lot width requirements of the strictest applicable district. 4. Aquifer Protection Overlay Districts. For the purposes of this Zoning By-Law there is hereby established within the Town of Weston an overlay district consisting of certain aquifer protection areas, including aquifer recharge areas calculated in accordance with Department of Environmental Quality Engineering's guidelines for Zone II, which are delineated on a map entitled "Aquifer Protection Overlay District, Town of Weston, 1988," drawn to a scale of 1"=800', and which shall be considered as superimposed over other districts established by the Zoning By-Laws of Weston. 5. Wetlands And Flood Plain Protection Districts. a. Wetland and Flood Plain Protection - District A - The locations and boundaries of the Wetlands and Flood Plain Protection Districts A are shown on a map entitled "Wetlands and Flood Plain Protection Districts, Weston, Mass. - 1980" as designated in blue on said map. Said District A shall include those areas identified in blue on said Map including those areas specifically described as follows: (i) All land bordering any natural waterbody that lies within a horizontal distance of twenty-five (25) feet from the mean high water line except as otherwise shown in blue on the Weston Wetlands and Flood Plain Protection District Map. The mean high water line at a water body is defined as the elevation where vegetation changes from predominantly aquatic to predominantly terrestrial and along a brook, river or stream the elevation on the bank of a channel at which the annual high water has left a definite mark. (ii) All waterbodies encircled by boundary lines of the District A in blue. (iii) All that land along the following named brooks and their tributaries: Stony Brook, Cherry Brook, Hobbs Brook, Hayward Brook, Bogle Brook and Seaverns Brook and certain unnamed brooks that lie within a horizontal distance of twenty- five (25) feet from the mean high water line along each bank thereof except as otherwise shown on the Weston Wetlands and Flood Plain Protection District Map in blue. (iv) All those wetlands which may be described as upland swamps or marshes which lie at the source of the brooks or their tributaries or which lie in surface depressions without drainage outlets, as shown on the Weston Wetlands and Flood Plain Protection District Map in blue. 12 b. Wetlands and Flood Plain Protection - District B - The location and boundaries of the Wetlands and Flood Plain Protection District B shall include all special flood hazard areas within the Town of Weston that are designated as Zone A and AE as shown on the Middlesex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program effective June 4, 2010 The map panels of the Middlesex County FIRM, that are wholly or partially within the Town of Weston, are map panel numbers 25017C0389E, 25017C0393E, 25017C0394E, 25017C0527E, 25017C0529E, 25017C0531E, 25017C0532E, 25017C0533E and 25017C0534E, all dated and effective June 4, 2010. The exact boundaries of the District B shall be defined by the 100-year base flood elevations as shown on the FIRM and as further defined by the Middlesex County Flood Insurance Study (FIS) report effective June 4, 2010. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk. 6. Personal Wireless Service Overlay Districts. There shall be two Personal Wireless Servi ce Overlay Districts. Personal Wireless Service Overlay District I ("PWSOD I") shall consist of the land designated on the Weston Assessors Maps as: • Map # 53: Massachusetts Turnpike Authority land "ballfield," located east of Liberty Mutual Insurance Company, Riverside Road; • Maps # 49 & 55: 668 South Avenue, Massachusetts State Police Barracks. • Map # 27, Parcel # 75-10: Town of Weston Police Station and • A portion of Map # 27, Parcel #74, described as follows: All that certain Parcel of land located on the s outherly side of Boston Post Road By-Pass (Route 20) and described as follows: SOUTHEASTERLY by land of Town of Weston (Weston Police Station) three hundred seventy-two and 61/100 (372.61) feet; SOUTHERLY by land of Town of Weston (Weston Highway Department) fifty and 00/100 (50.00) feet; NORTHWESTERLY by land of th e Town of Weston (Weston Highway Department) three hundr ed thirty-three (333) feet approximately; NORTHERLY by land of the Comm onwealth of Massachusetts (Boston Post Road By-Pass, R oute 20) sixty-five (65) feet approximately; containing 0.4 acres, more or less. Town of Weston Highway Department • Map # 8, Parcel # 34: Weston Market, 284 North Avenue; • Map # 59 , Parcels # 23-20 (P/O 58): Leo J Martin Golf Course, Park Road; • Map # 58, Parcel # 23-20: Leo J Martin Golf Course, Park Road; • Map # 33, Parcels # 16 and 28-10: Weston Golf Club; • Map # 34, Parcel # 16 (P/O 33): Weston Golf Club; • Map # 46, Parcel # 4: Pine Brook Country Club; • Map # 45, Parcel # 4 (P/O 46): Pine Brook Country Club; 13 • Map # 11: Campion Residence and Renewal Center Parking Lot, across Concord Road from Campion Center, Concord Road; • Map # 19, Parcel # 35 (P/O 23):Town of Weston Solid Waste Transfer Station; • Map # 18, Parcel # 35 (P/O 23): Town of Weston Solid Waste Transfer Station; Map # 23, Parcel # 35: Town of Weston Solid Waste Transfer Station; • Map # 24, Parcel # 6: Weston Mobil Gas Station, 88 Boston Post Road. Personal Wireless Service Overlay District II ("PWSOD II") shall consist of the land designated on the Weston Assessors Maps as: • Map # 52, Parcel # 1: 134 South Avenue; • Map # 41, Parcels # 38 & 39: 75 Norumbega Road, 85 Norumbega Road, 99 Norumbega Road, 101 Norumbega Road; • Map # 49, Parcel # 33: 100 Brown Street, Hazel Hotchkiss Wightman Tennis Center, Inc. • Map # 8, Parcel # 35: Shell Gas Station, 290 North Avenue; • Map # 11, Parcel # 8: Campion Residence and Renewal Center, 319 Concord Road; • Map # 51, Parcel # 52: Town of Weston Southside Fire Station, South Avenue; • Map # 24, Parcel # 1: Weston Corporate Center, Biogen Idec, 133 Boston Post Road; • Map # 13, Parcel # 93: Town of Weston Water Tank, Cat Rock Tank; • Map # 41, Parcel # 24: Office Building, 101 River Road; • High Voltage Transmission Poles and Stanchions in the abandoned Boston & Maine (Clinton Division) Railroad Right of Way; • Map # 13, Parcel # 129: Town of Weston North Side Fire Station, North Avenue; • Map # 13, Parcel # 103: Sunrise of Weston, 135 North Avenue; • Map # 8, Parcel # 54-10: Dairy Joy Restaurant, 331 North Avenue; • Map # 38, Parcel # 1: Regis College, 235 Wellesley Street. (end of Section IV) 14 SECTION V. USE REGULATIONS A. GENERAL 1. Except as may be permitted with respect to lawfully nonconforming uses, buildings and structures regulated under the provisions of Section III of this Zoning By-law, no building, structure or land may be used, and no building or structure maybe erected or altered for any use, not expressly allowed in the district in which the building, structure or land is located. A building, structure or use not expressly allowed by this Zoning By-law is prohibited. 2. Notwithstanding any other provision of this Zoning By-law, any building or structure, and any use of any building or structure or premises, which is injurious, obnoxious, offensive, dangerous, or a nuisance to the community or to the neighborhood through noise, vibration, concussion, odors, fumes, smoke, gases, dust, harmful fluids or substances, danger of fire or explosion, or other objectionable feature detrimental to the community or neighborhood health, safety, convenience, morals or welfare, is prohibited. 3. Uses Allowed in All Districts a. Buildings, structures and land in any zoning district may be used for Municipal Purpose Use, or for any public purpose use conducted by the Federal Government or the Commonwealth of Massachusetts or any of their respective agencies. b. Commercial Agriculture in accordance with G.L. c.40A, §3. c. Subject to Limited Site Plan Approval, buildings, structures and land in any zoning district may be used for the following: i. Religious purposes, in accordance with G.L. c. 40A, §3; ii. Educational purposes 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, in accordance with G.L. c. 40A, §3; and iii. Child Care Facility, in accordance with G.L. c. 40A, §3; provided that: • off-street parking is provided in accordance with Section VIII.A “Regulations for off-Street parking” and • height, setbacks and lot area are maintained in accordance with the requirements for the District in which the land, buildings, or structures are located. 15 d. Upon issuance of a special permit, activities necessary in connection with scientific research or scientific development or related production, which are accessory to activities permitted in the district as a matter of right, provided the Special permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. 4. All other uses of buildings, structures and land shall be subject to the requirements and limitations set forth in this Zoning By-law for the zoning district(s) in which the particular building, structure or land is located, including, Accessory Uses in connection with lawful Principal Uses. Accessory Uses are subject to the same special permit and/or site plan approval requirements as the principal use(s) served. B. SINGLE FAMILY RESIDENCE DISTRICTS (A, B, C and D) 1. By-RightUses a. Unless located on a lot which bounds on a Scenic Road as defined in Section II, single family detached dwelling containing one housekeeping unit only, together with accessory buildings not containing a housekeeping unit. The number of such dwellings with such accessory buildings on any one lot shall not exceed the number which can be located thereon in conformity to Section VI, Subsection F.2., "Numbers and Location of Dwellings on One Lot"; The Residential Gross Floor Area “RGFA” of any new or replacement single family dwelling use constructed pursuant to a building permit issued on or after October 29, 1998, may not exceed the greater of 3,500 s.f. or 10% of the lot area up to a maximum of 6,000 s.f. b. Preservation of a lot in its natural condition; fields, pastures, woodlots, and orchards; greenhouses for private use; farm; sale or offering for sale of farm produce by owner or resident tenant providing a substantial portion is raised on the premises; c. Wildlife and plant management by nonprofit organization; d. The renting of rooms or the furnishing of table board to not more than four persons not members of the family residing on the premises; e. Any occupation or occupations conducted by a person residing in the dwelling, provided: (i) That the occupation or occupations are conducted totally within the dwelling and not in an accessory structure; (ii) That the occupant shall maintain at least fifty percent interest in the occupation or occupations so conducted; (iii) That there shall be no use of any accessory structure other than for parking one vehicle used for the occupation or occupations; (iv) That regardless of the number of occupations conducted in the dwelling, no more than one vehicle related to the occupation or occupations shall be regularly on the premises whether or not garaged; (v) That vehicle shall be rated to carry no more than two tons: 16 (vi) That there is no visible exterior storage of material or equipment and no exterior indication from the boundaries of the premises of such use or variation from the residential character of the area; (vii) That not more than three persons regularly engaged in the occupation or occupations, whether full or part-time, in addition to the occupant shall work at the premises at one time; (viii) that traffic generated by such occupation is not inconsistent with traffic usually associated with a single family residence and there is adequate parking on the lot screened from abutting properties; (ix) that it does not create a hazard to health, safety, or welfare; (x) That there is no evidence of the occupation or occupations through persistent or excessive sound, vibration, dust, heat, glare, odor, or light discernible at the boundaries of the premises or through interference with radio or television reception or other communications equipment. (xi) That, where required, there is compliance with Section V, Subsection B.5. 2. By-Right Uses Allowed With Site Plan Approval a. Privately owned and operated park or playground; b. New or replacement single family dwelling, together with accessory buildings not containing a housekeeping unit, in conformity with Section VI.F.2., which is constructed pursuant to a building permit issued on or after October 29, 1998, and which is located on a lot bounding on a Scenic Road as defined in Section II. c.New or replacement single-family dwelling, together with accessory buildings not containing a housekeeping unit, in conformity with Section VI, subsection F.2, which is constructed pursuant to a building permit issued on or after October 29,1998 and which exceeds the RGFA limit provided in Section V.B.1.a. 3. Uses Allowed With Site Plan Approval and By Special Permit a. Privatcemetery; b. Noncommercialclub; c. Family day care ; d. Daycamp; e. Philanthropic or charitable institution, but not a correctional institution or place of detention; f. Accessory use by not more than one business entity of a railroad station existing as of May 1, 1979, provided that no more than four persons are regularly engaged in the activity, and that any Special Permit granted hereunder is conditioned on the establishment and maintenance of a clean, safe, heated and lighted waiting room within the station, a lighted platform, and a lighted and adequate parking area adjacent to the station for the convenience of passengers of the railroad or other connecting modes of transportation; the conditions relating to the waiting room, platform, and parking area may be waived so long as the railroad station is not in active service. 17 g. Veterinarian/Animal Hospital, provided the premises was used by a veterinarian and/or animal hospital as of May 1, 1998 and had been continuously so used for at least the twenty-five years prior to May 1, 1998 and provided said premises abuts Boston Post Road and/or the Boston Post Road Bypass. 4. Uses Allowed by Special Permit a. Accessory Apartments (see Section VI.G.) b. Division of land pursuant to the Flexible Development provisions of Section VI.H. 5. Uses Allowed By Permit Storage for Commercial and Business Activities: In Single Family Residence Districts the Permit Granting Authority may issue Permits for the storage of vehicles, materials, supplies and equipment in connection with commercial or business activities principally carried on in the Town and providing services essential to the uses of premises permitted in the residence districts; and may in connection with a farm use, in a residence district, permit the commercial raising, keeping, selling or other dealing with poultry or livestock. 6. Uses Allowed with Special Permit of the Board of Selectmen with Site Plan Approval a. antique shop b. shop or studio of an artist, potter, sculptor, silversmith, woodcarver, or similar craftsman c. office of a doctor, dentist, lawyer, accountant, architect, engineer, or similar professional, provided that for the above uses, the following shall apply: (i) all work and storage shall be conducted within the building and no more than three full-time employees or their equivalents, shall be employed on the premises; (ii) the use is conducted within a building owned by the Town of Weston, which building has a gross floor area equal to or less than 1500 s.f. and been designated by the Weston Historical Commission as a building of historic significance; (iii) all proposed interior and exterior renovations of the building and the site have been reviewed by the Historical Commission and the Historical Commission has issued an advisory report that such renovations will not adversely affect the historical integrity of the building and the site on which it is located; (iv) the Board of Selectmen finds that the impacts on the neighborhood expected to be generated by the proposed use are consistent with other uses permitted in Single Family Residence Districts; (v) the use may be subject to such further terms and conditions as shall be deemed appropriate by the Board of Selectmen in order to preserve the integrity of the historic building and to protect the surrounding neighborhood from detrimental impacts. 18 C. MULTIPLE DWELLING DISTRICTS (A and B) 1. By-RightUses a. Single Family Residence containing one housekeeping unit only, conforming to Single Family Residence District A requirements; b. Preservation of a lot in its natural condition; fields, pastures, woodlots, and orchards; greenhouses for private use; farm; sale or offering for sale of farm products by owner or resident tenant providing substantial portion raised on the premises; c.Wildlife and plant management by nonprofit organization; 2. By-Right Uses Allowed With Site Plan Approval a. Multiple dwellings numbering four units or fewer; b. Privately owned and operated park or playground. 3. Uses Allowed With Site Plan Approval and By Special Permit a. Multiple dwellings numbering over four units; b. Philanthropic or charitable institution, but not a correctional institution or place of detention; c. Long term care facility. D. BUSINESS DISTRICTS (A and B) 1. By-RightUses a. Open space; b. Privately owned and operated park or playground. 2. By-Right Uses Allowed With Site Plan Approval a. Office or office building with 1,000 square feet or less gross floor area; b. Bank with 1,000 square feet or less gross floor area; c. Store, salesroom or showroom for the conduct of retail business with 1,000 square feet or less gross floor area; 3. Uses Allowed with Site Plan Approval and By Special Permit a. Office or office building with over 1,000 square feet gross floor area; b. Bank with over 1,000 square feet gross floor area; c. Store, salesroom or showroom for the conduct of retail business with over 1,000 square feet gross floor area; d. Eating place; e. Ambulatory medical office; f. Noncommercial club; g. Personal service establishment; h. Filling station or garage for servicing or repairing of motor vehicles; i. Commercial greenhouse or nursery; j. Veterinarian, animal hospital; 19 k. Exceptional uses: in special circumstances the Special Permit Granting Authority by Special Permit for each instance may allow use thereof for any other business purpose which the Special Permit Granting Authority determines to be consonant with a Business District of the foregoing character. E. OFFICE AND RESEARCH AND DEVELOPMENT DISTRICTS 1. y-Rightses a. Open space; b. Public park and playground; c. Wildlife and plant management by nonprofit organization. 2. By-Right Uses Allowed With Site Plan Approval a. Office or office buildings of 5,000 square feet or less gross floor area; b. Professional and management training facility of 5,000 square feet or less gross floor area c. Personal service facility, such as cafeterias and banks, for the occupants of a development but not for the general public; 3. Uses Allowed With Site Plan Approval and By Special Permit a. Office or office building of greater than 5,000 square feet gross floor area; b. Professional and management training facility of greater than 5,000 square feet gross floor area; c. Research and/or laboratory facility not involving manufacturing of products for sale in the normal course of business, and not creating a hazard to health, safety, or welfare. d. Private cemetery. F. COMMERCIALDISTRICTS 1. By-RightUses a. Open space; b. Privately owned and operated park or playground. 2 By-Right Uses Allowed With Site Plan Approval a. Any trade or business of less than 1,000 square feet gross floor area; b. Office or office building of less than 1,000 square feet gross floor area; c. Bank of less than 1,000 square feet gross floor area; d. Store, salesroom, or showroom for the conduct of retail business of less than 1,000 square feet gross floor area; 3. Uses Allowed With Site Plan Approval and By Special Permit a. Any trade or business of over 1,000 square feet gross floor area; b. Office or trade building with over 1,000 square feet gross floor area; c. Bank with over 1,000 square feet gross floor area; d. Store, salesroom or showroom for the conduct of retail business with over 1,000 square feet gross floor area; 20 e. Eating place; f. Personal service establishment; g. Filling station or garage for servicing or repairing of motor vehicles. G. WETLANDS AND FLOOD PLAIN PROTECTION DISTRICTS (A AND B) 1. General a. Construction in Wetlands and Flood Plain Protection Districts A and B - Any other Zoning By-Law or regulation to the contrary notwithstanding, no construction requiring any utility, including electric, water, gas and telephone lines, or waste disposal or drainage facilities shall be permitted within the Districts A and B unless the Planning Board acting as Special Permit Granting Authority following, as applicable, the procedures established in Sections X and XI of the Zoning By-Law shall determine that all utilities are located, protected and constructed so as to minimize or eliminate flood damage and that methods of disposal for sewage, refuse and other wastes and methods of providing drainage are adequate to reduce flood hazards and prevent pollution. b. Procedure where Base Flood Elevation is Not Provided -Within Wetlands and Flood Plain Protection Districts A and B, where the base flood elevation is not provided, the applicant for a Special Permit shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization towards meeting the elevation or flood proofing requirements, as appropriate, of this Zoning By-Law and the State Building Code. c. Base Flood Elevation Data shall be required for the review of all definitive subdivision proposals or other development greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones. 2. Wetlands and Flood Plain Protection District A a. Purposes - In addition to the purposes in Section I, "Purposes", of this Zoning By- Law, the purposes of this District are: (i) To provide that lands in the Town of Weston subject to seasonal or periodic flooding as described hereinafter shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof or the public generally or to burden the public with costs resulting from the unwise individual choices of land use in wetlands such as streams and other water courses, swamps, marshes, bogs, ponds, or areas subject to flooding. (ii) To protect, preserve, and maintain the water table and water recharge areas within the Town so as to preserve present and potential water supplies for the public health and safety of the Town and the Boston metropolitan area. (iii) To assure the continuation of the natural flow pattern of the water courses within the Town and to preserve natural floodwater storage areas so as to protect persons and property against the hazards of flood inundation. 21 b. Use Regulations - The Wetlands and Flood Plain Protection District A shall be considered as overlying other districts established by the Weston Zoning By-Law. All uses and structures otherwise authorized by said Zoning By-Law in the portion of the districts so overlaid shall be permitted in the Wetlands and Flood Plain Protection District A provided that in the Wetlands and Flood Plain Protection District A: (i) No existing building or structure shall be moved into such district, and no new building or structure shall be erected or constructed therein except as provided in Section V, Subsection G.2.c. (vi) and V.G.2.f.; (ii) No existing building or structure shall be moved, altered or enlarged so as to increase its ground coverage by more than a total of twenty (20) percent; (iii) No dumping or filling or relocation of earth materials shall be permitted except as may be required for the uses permitted in Section V, Subsection G.2.c. (vii), (viii) and (ix). (iv) No storage of manure, road salt, fertilizer, or other leachable chemicals shall be permitted. c. Other Activities and Uses - The following activities and uses so far as otherwise authorized by the Weston Zoning By-Law as from time to time amended shall be permitted in the said District A subject specifically to Section V, Subsection G.2.b., as applicable, provided that all necessary permits, orders or approvals required by federal, state or local laws or regulations are obtained as may be required by such laws or regulations; (i) Uses directly related to the conservation of water, plants and wildlife. (ii) Outdoor recreation activities and facilities, including unpaved play areas, nature study, boating, fishing and hunting where otherwise legally permitted. (iii) Wildlife management areas, landings, foot, bicycle and/or horse paths and bridges, provided such uses do not affect the natural flow pattern of any water course. (iv) Grazing and farming, including truck gardening and harvesting of crops. (v) Forestry and nurseries. (vi) Small nonresidential structures of less than 100 square feet of floor area used in connection with recreation or the growing, harvesting, storage or sale of crops raised on the premises. (vii) Creation of ponds with a total water surface area at normal elevation not in excess of 40,000 square feet. (viii) Removal of silt and other accumulated debris from a watercourse which tends to interfere with the natural flow patterns of the watercourse. (ix) Construction, reconstruction or alteration of golf course areas. 22 d. Lot Area Allowance (i) If any portion of a lot in a Single Family Residence District is overlaid by the Wetlands and Flood Plain Protection District A, said portion may be used to meet the area requirement for that district otherwise provided in the Zoning By- Law provided that no building or structure may be erected on the portion remaining outside the Wetlands and Flood Plain Protection District A unless that portion has a minimum area of 20,000 square feet. (ii) However, a lot with a dwelling existing thereon at the time of the adoption of this Zoning By-Law may be used for all purposes otherwise permitted by the Weston Zoning By-Law except that if a dwelling lies within the Wetlands and Flood Plain Protection District A, the dwelling shall be subject to the provisions of Section V, Subsection G.2.b.(ii) hereof. (iv) If any portion of a lot in a Multiple Dwelling District is overlaid by the Wetlands and Flood Plain Protection District A, the proportion of the lot which may be used to meet the area requirements of the Weston Zoning By-Law shall be determined by the Board of Appeals acting in accordance with Sections X and XI of the Weston Zoning By-Law. e. Boundary Line Plot Plan - Whenever an application is made for a Building Permit which the Inspector of Buildings believes may be affected by a Wetlands and Flood Plain Protection District A boundary, the Inspector of Buildings shall require the applicant for such Permit to provide as part of such application a plan, certified by a land surveyor registered in Massachusetts, of the lot on which such building is intended to be built showing the exact location in reference to said lot of the District A boundary as shown on the Wetlands and Flood Plain Protection District Map in blue and as described in Section IV, Subsection B.5.a. In the case of a Building Permit for an interior improvement to a building or structure so located, the boundary line location shall not be required. f. Determination of Flooding and Suitability - In the event it is proposed to use land or to construct a building or structure within the Wetlands and Flood Plain Protection District A otherwise than is specifically permitted by this Section V, Subsection G.2., application may be made to the Planning Board for a Special Permit for such use, building or structure, in accordance with the applicable procedures under Sections X and XI of the Zoning By-Law. Before rendering its decision, the Planning Board shall refer any such special permit application to the Conservation Commission for a written report and recommendation, including an evaluation of and opinion concerning the sufficiency and accuracy of the environmental information accompanying the special permit application, an evaluation of whether the subject land is subject to flooding and, if so, an evaluation as to the proposed use or construction’s probable effect or impact on: (a) flood storage in the surrounding area or on other nearby areas subject to seasonal or periodic flooding, (b) the water table and water recharge areas affecting the Town’s present and potential water supplies, and (c) the public health, safety and/or welfare, as well as recommendations as to whether the special permit should be granted and whether any restrictions should be imposed upon the proposed use or construction as conditions of a special permit. Failure of the Conservation Commission to submit its recommendations to the Planning Board within 35 days of the date of referral shall be deemed to be a lack of opposition to the Special Permit application. 23 The Planning Board may grant a special permit under this Section only if it determines: (i) That the subject land is not subject to flooding; or (ii) That the subject land is not unsuitable because of drainage conditions; and (iii) In either instance of (i.) or (ii.) above, the Special Permit Granting Authority determines that the use of such land for such use or structure will not interfere with the general purposes for which District A has been established; and that the use of such land for such use or structure will not be detrimental to the public health, safety and/or welfare. Such use, building or structure if permitted, shall comply in all respects with all other provisions of the underlying District or Districts within which the land is located; and all necessary permits, orders or approvals required by federal, state or local law or regulations as may be required by such law or regulation shall be obtained. 3. Wetlands and Flood Plain Protection District B a. Purposes - In addition to the "Purposes" in Section I of this Zoning By-Law, the purpose of this district is to satisfy the requirements of The National Flood Insurance Program by limiting the uses of the lands located in such district to the uses deemed appropriate by such program. b. UseRegulations - The Wetlands and Flood Plain Protection District B shall be considered as overlying other districts established by the Weston Zoning By-Law. All uses and structures otherwise authorized by said Zoning By-Law in the portion of the districts so overlaid shall be permitted in the Wetlands and Flood Plain Protection District B, provided that in said District B: (i) All new construction and substantial improvements of nonresidential structures within the District B shall have all utility and sanitary facilities designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy as determined and certified by a registered professional engineer. (ii) No encroachments within the District B or its designated regulatory floodway, including fill, structures, of any type, new construction, substantial improvements and other developments shall be permitted which would result in any increase in flood levels in said District and downstream areas during the occurrence of the base flood discharge. All development in District B, including structural and non-structural activities, whether permitted by right or by special permit shall be in compliance with the following: • Chapter 131, Section 40 of the Massachusetts General Laws; • Portions of the Massachusetts State Building Code which address floodplain and coastal high hazard areas (currently 780 CMR 120.G, "Flood Resistant Construction and Construction in Coastal Dunes"); 24 • Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); • Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); • Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); • FEMA Mitigation Directorate Technical Bulletin 10-01 “Ensuring that Structures Built on Fill In or Near Special Flood Hazard Areas are Reasonably Safe From Flooding in accordance with the National Flood Insurance Program.” Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. H. AQUIFER PROTECTION OVERLAY DISTRICTS 1. The purpose of the Aquifer Protection Overlay Districts is to preserve and protect the quality and quantity of present and potential drinking water supplies, both public and private, and their recharge areas. 2. The Aquifer Protection Overlay Districts shall be considered as overlying other districts established by this Zoning By-law. Uses and structures otherwise permitted in the underlying districts shall be subject to the development and use regulations applicable to such districts only to the extent they are not inconsistent with the requirements of the Aquifer Protection Overlay Districts. 3. PermittedUses: Within the Aquifer Protection Overlay District, no land shall be used except for one or more of the following: a. Any use or structure that is permitted
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