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Zoning By-Laws of the Town of Hanson
UNOFFICIAL COPY OF THE HANSON ZONING BYLAWS

Town of HANSON


Zoning Bylaw Contents

SECTION I Purposes
SECTION II Definitions
SECTION III Districts
A. Establishments of Districts
B. Location of Districts
C. Location of Boundaries of Districts
D. Use Beyond a Boundary Line
E. Municipal Exemption
SECTION IV Nonconforming Uses
SECTION V New Construction and New Uses
SECTION VI Use Regulations
A. Agricultural-Recreation District
B. Residence A District - Residence AA District
C. Residence B District
D. Business District
E. Commercial-Industrial District
F. Aquifer and Well Protection District
G. National Flood Insurance District
H. Flexible Zoning Bylaw/Special District (10/98)
I. Flexible Zone/Special Overlay District (10/98)
J. Adult Entertainment District (5/2000)
SECTION VII Development of Sites & Location of Buildings & Structures
A. Height Regulations
B. Area, Frontage and Yard Requirements
C. Accessory Buildings
D. Off-Street Parking & Loading Areas
E. Signs
F. Site Plan Review
G. Trailer or Mobile Home
H. Earth Removal
I. Buffer Areas
J. Multiple Principal Structures on a Single Lot
K. Personal Wireless Service Facilities (10/98)
SECTION VIII Administration
A. Building Permits
B. Occupancy Permits
C. Violations and Enforcement
D. Special Permits
SECTION IX Board of Appeals
A. Establishment
B. Powers
C. Public Hearings
D. Rules of the Board
SECTION X Amendment
SECTION  XI Validity               
  Table of Dimensional Requirements

SECTION I
Purposes
The purposes of this Zoning Bylaw are to promote the health, safety, convenience, moral and general welfare of the inhabitants of the Town of Hanson; to protect and conserve the value of property within the Town; to preserve and increase the beauty and amenities of the Town; to conserve, insofar as possible, natural conditions and historic sites; and to secure safety from fire, congestion or confusion, by encouraging the most appropriate uses of land within the Town, in accord with provisions of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and the Home Rule Amendment, Article 89 of the Massachusetts Constitution.
In no way is this intended to prohibit, regulate, or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a non-profit education

SECTION II
Definitions
For the purpose of this bylaw certain terms and words are herein defined as follows:
Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; and word “shall” is mandatory and not directory; the word “building” includes the word “structure”, the word “lot” includes the word “plot”, and the word “land” includes the words “marsh” and “water”.
A. Accessory Building or Use:
A use or detached building, which is subordinate to the main use or building, and located on the same lot with the main building or use, the use of which is customarily incidental to that of the main building or to the use of the land. Where a substantial part of a wall of an accessory building is a part of the wall of a main building, or where an accessory building is attached to the main building, such accessory building shall be counted as a part of the main building in determining site locations.
B. Boarding or Rooming House:
A building or premises, other than a hotel, inn, motel, tourist court or lodging house, where rooms are let and where meals may be regularly served by pre-arrangement for compensation; not open to transient guests; in contradistinction to hotels, restaurants and tourist homes, open to transients.
C. Building:
A structure having a roof or cover supported by columns of walls for the shelter, support or enclosure of persons, animals or property.
C.1. Building Height:
The vertical distance from the mean finish grade of the ground adjoining the building to the highest point of the roof or parapet for flat or shed roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. Not included are spires, cupolas, TV antennae, or other parts of structures which do not enclose potentially habitable floor space.
D. Building Inspector:
Building Inspector shall mean the Inspector of Buildings or other designated authority, or his duly authorized representative serving under the building code, and charged with the enforcement of this bylaw.
E. Building Lot Area:
The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. At least 90% of the lot area required for zoning compliance shall be land other than that classified as wetlands under G.L. c. 131, as shall be determined by the Conservation Commission.
E.1. Building, principal:
The building on the lot in which the principal use is conducted within the structure.
F. Dwelling:
Any building, or part thereof, used in whole or in part for continuous or permanent habitation for one (1) or more persons, but not including trailers or mobile homes, however mounted, or commercial accommodations for transient occupancy.
F.1. Dwelling, Multi-family:
A dwelling containing three to eight families or groups of associated persons, not sharing a common kitchen area.
F.2. Dwelling, Single-family:
A dwelling other than a mobile home, singly and apart from any other building, used exclusively for residential purposes for one family or group of associated persons, sharing a common kitchen area.
F.3. Dwelling, Two-family:
A dwelling containing two families or groups of associated persons, not sharing a common kitchen area.
G. Coop:
See Kennel.
H. Dwelling Unit:
One (1) or more rooms with cooking, living, sanitary and sleeping facilities arranged for the continuous or permanent use of one (1) or more individuals living together as a single housekeeping unit as contrasted to a group living together such as a fraternity.
I. Floor Area:
The interior floor area of a dwelling unit exclusive of basements, stairwells, halls, bathrooms, corridors, attics, walls, partitions and attached accessory buildings. Gross floor is all the interior floor area of a building.
J. Garage, Private:
Covered space for the housing of motor vehicles, but not for rental of more than two stalls or for commercial repair or commercial storage.
K. Home Occupation:
Occupations such as dressmaking, preserving or home cooking, repair of portable equipment or appliances, real estate agent, craft manufacturing, selling and collecting of antiques, but not including convalescent or nursing home, tourist home, or similar establishment offering services to the general public.
L. Hotel, Inn, Motel, Tourist Court or Lodging House:
A building, or portion thereof, or a group of buildings, on a single lot, intended to be used for the more or less temporary occupancy of five (5) or more individuals who are lodged, with or without meals, and in which major provision for cooking may be made in a central kitchen but may not be in the individual rooms or suites.
M. Kennel:
One pack or collection of more than three (3) dogs, three months old or older, on a single premises, whether maintained for breeding, boarding, sale, training, hunting, or other purposes, and including any shop where dogs are on sale. No kennel shall be kept or maintained less than fifty (50) feet from any property line where residences are directly adjacent.
N. Loading Space, Off-Street:
An off-street space or berth, on the same lot with a building, for the temporary parking of vehicles while loading or unloading merchandise or material, which has access to a street, alley or other appropriate means of ingress and egress.
O. Lot:
See Building Lot.
P. Lot, Corner:
A lot with frontage on two (2) or more streets at the intersection of such streets.
Q. Membership Club:
A private organization, building or grounds, to include specifically country clubs and fraternities and other organizations to which membership is limited or controlled.
Q.1. Mobile Home:
A moveable or portable dwelling unit on a chassis, designed for connection to utilities when in use, and designed without necessity of a permanent foundation for year-round living.
R. Non-Conforming Use:
A non-conforming use of land or building is an existing use of land or building to the extent to which it is used at the time of adoption of this bylaw which does not conform to the regulations for the district in which such use of land or building exists and which existed at the time of adoption of this bylaw.
S. Professional Occupation:
Any recognized profession, including the office of a doctor, lawyer, or dentist.
T. Sign:
Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are visible from a public street or right-of-way and used to attract attention.
U. Street:
Either (a) a public way or a way which the Town Clerk certifies is maintained and used as a public way, or (b) a way shown on a plan theretofore approved in accordance with the Subdivision Control Law, or (c) a way in existence when the Subdivision Control Law became effective in the Town, having in the opinion of the Planning Board sufficient width, suitable grades, and adequate construction in relation to the proposed use of 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.
V. Street Line:
The dividing line between a street and a lot and, in the case of a public way, the street line established by the public authority laying out the way upon which the lot abuts.
V.1. Frontage:
The boundary of a lot coinciding with a street line if there are both rights of access and potential vehicular access across that boundary to a potential building site, and the street has been determined by the Planning Board to provide adequate access to the premises under the functional standards of the Subdivision Control Act and the Subdivision Rules and Regulations of the Planning Board. Lot frontage shall be measured continuously along one street line between side lot lines, or, in the case of corner lots, between one side lot line and the mid-point of the corner radius. Lots with interrupted or discontinuous frontage must demonstrate that the required length along the street may be obtained from one (1) continuous frontage section, without any totaling of discontinuous frontage sections. Lots having frontage on more than one street, whether a corner lot or not, shall meet the frontage requirements on each street on which frontage is located.
W. Structure:
Any construction, erection, assemblage or other combination of materials upon the land necessitating pilings, footings or a foundation for attachment to the land, including swimming pools.
W.1. Impervious Surface:
Any surface which reduces or prevents the absorption of storm water into previously undeveloped land. Examples are buildings, parking lots, driveways, streets, sidewalks, and any areas surfaced with concrete or asphalt.
X. Tourist Camps or Campsites:
Premises used for travel trailers, campers, tenting, or for any temporary overnight facilities of any kind where a fee is charged.
Y. Tourist Home:
A building, other than a boarding or rooming house, hotel, inn, motel, tourist court or lodging house, where rooms for lodging for transients are available for compensation.
Z. Yard:
An open space, other than an enclosed court, on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and a lot line, and is not occupied or obstructed from the ground upward by a building or structure.
1. Yard, Front:
An open, unoccupied space extending across the full width of the lot and lying between the front lot line of the lot and the nearest line of the building. The depth of a front yard shall be the minimum distance between the building and front lot line.
2. Yard, Rear:
An open, unoccupied space extending the full width of the lot and lying between the rear lot line of the lot and the nearest line of the building. The depth of a rear yard shall be the minimum distance between the building and rear lot line.
3. Yard, Side:
An open, unoccupied space between the side lot line of the lot and the nearest line of the building, and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot lines, as may be. The width of a side yard shall be the minimum distance between the building and the side lot line.

SECTION III
Districts
A. Establishment of Districts:
For the purpose of this bylaw, the Town of Hanson is divided into the following types of districts:
1. Agriculture-Recreation District
2. Residence A District
3. Residence AA District
4. Residence B District
5. Business District
6. Commercial-Industrial District  (4/79)
B. Location of Districts:
Said districts are hereby established as shown, located, defined and bounded on a map entitled “Zoning District Map of the Town of Hanson”, dated June 24, 1969, signed by the Planning Board and filed with the office of the Town Clerk; which map, together with all explanatory matter thereon is hereby incorporated in and made a part of this bylaw.
C. Location of Boundaries of Districts:
1. Where the boundary lines are shown upon said map within the street lines of public and private ways, or utility transmission lines, the centerlines of such ways or lines shall be the boundary lines, unless otherwise indicated.
2. Boundary lines located outside of such street lines or transmission lines, and shown approximately parallel thereto, shall be regarded as parallel to such lines, and dimensions shown in figures placed upon said map between such boundary lines and such transmission lines are the distances in feet of such boundary lines from the center line of such lines, such distances being measured at right angles to such lines unless otherwise indicated.
3. Where the boundary lines are shown approximately on the location of property or lot lines, and the exact location of property, lot or boundary lines is not indicated by means of dimensions shown in figures, then the property or lot lines shall be the boundary lines.
4. Contour lines used as boundary lines are the elevation above the datum mean sea level as indicated by the U.S. Geological Survey, revised 1962.
5. Soil Association lines used as boundary lines are the soil association boundary lines as shown on the Soil Association Map, prepared by the U.S. Soil Conservation Service, dated 1965, and on file with the Planning Board.
6. In all cases which are not covered by other provisions of this Section, the location of boundary lines shall be determined by the distance in feet, if given, from other lines upon said map, by the use of identifications as shown on the map, or by the scale of said map.

D. Lots In Two Districts:
Where a district boundary line divides a lot in existence at the time such line is adopted, the regulation for the less restricted portion of such lot shall extend not more that thirty feet (30’) into the more restricted portion, provided that the lot has frontage on a street in the less restricted district. For purposes of this section, the degree to which a district is restricted is determined by the order in which the district appears in the Table of Dimensional Requirements, with the Agricultural/Recreational district as the most restrictive district and the Commercial/Industrial district as the least restrictive district. (10/86)
E. Municipal Exemptions:
The use of land in any of the above described Districts by the Town of Hanson or by the Hanson Housing Authority shall be exempt from all of the provisions of this Zoning Bylaws, except site plan approval by the Board of Appeals, when and as authorized by a two-thirds vote of the town.

SECTION IV
Nonconforming Uses
Any use or structure not conforming with this By-law may be continued if the use or structure was lawfully existing at the time it became nonconforming, subject to the following:
A. Alteration, Extension, or Change. As provided in M.G.L.A. ch. 40A. s.6, as may be amended, the alteration, reconstruction, extension or structural change (hereinafter collectively alteration”) to a nonconforming single or two family residential structure shall not be considered an increase in the non-conforming nature of the structure and shall be permitted as a matter of right under the following circumstances:
(i) Normal repairs or replacement of parts of any non-conforming structure, provided that such repair or replacement does not constitute an extension of a non-conforming use of such structure.
(ii) Alteration to a conforming structure where the alteration will also comply with all applicable sections of the zoning bylaws in effect at the time of application, if the existing structure is located on a lot which is non-conforming as the result of a zoning change.
(iii) Alteration within the existing footprint of a non-conforming structure to comply with requirements of the Massachusetts Building Code.
(iv) Alteration to a non-conforming structure where the alteration will comply with all applicable sections of the zoning bylaws in effect at the time of application, and will not increase the habitable space.
(v) Alteration to a non-conforming structure on a lot of at least 20,000 square feet, where the alteration will comply with all applicable sections of the zoning bylaws in effect at the time of application, including, but not limited to setback, yard, building coverage, and height requirements.
(vi) In cases where the applicant seeks to increase the height of any structure that encroaches on a required setback, where any increase in height will occur within such encroachment, there shall be no alteration as of right under this section.
Other preexisting nonconforming structures or uses may be extended, altered, or changed in use on Special Permit from the Board of Appeals, upon a finding by the Board that such alteration, extension, or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
B. Abandonment. A nonconforming use which has been abandoned, discontinued for a period of two years (five years for agriculture, horticulture, floriculture, or viticulture), or changed to a conforming use, shall not be reestablished, and any future use of the premises shall conform to this Zoning By-Law.
C. Restoration. Any legally existing nonconforming building or structure may be reconstructed if destroyed by fire or other accidental or natural cause if such reconstruction is completed within twenty-four (24) months from the date of the catastrophe (unless a longer period is granted by Special Permit by the Board of Appeals).
D. Premises may be changed from one category of nonconforming use to another only on Special Permit from the Board of Appeals. Such Special Permit shall be granted only for uses no more damaging or inharmonious with the environs than the use being replaced.

SECTION V
New Construction and New Uses
A. General. No structure shall be erected or used or land used except as set forth in Section VI, “Use Regulations”, or in Section VII, “Development of Sites and Location of Buildings and Structures”, or unless exempted by Statute. Not more than one (1) principal structure may be erected on a lot, unless otherwise specified in this By-Law. When an activity might be classified under more than one of the uses in Section VI, the more specific classification shall govern; if equally specific, the more restrictive shall govern.
B. Any construction or use for which a building permit was legally issued prior to the publication of notice of the Planning Board hearing respecting this bylaw or any amendment thereto shall be permitted, not-withstanding noncompliance with the requirements of this bylaw or amendments thereto, provided such construction or use was commenced within six (6) months after issuance of the permit and, in the case of construction, completed as provided in Section 6 of Chapter 40A of the General Laws of Massachusetts. 4/79)
C. No building except wharfs or other structures to service boats shall be erected below a contour line which is five (5) feet above mean high water as shown on U.S.G.S. map dated Revised 1962 for each particular lake, swamp, stream or other body of water or on Soil Association 1 as shown on the Soil Association Map dated 1965 and on file with the Planning Board

SECTION VI
Use Regulations

A. Agricultural-Recreation District:
This District is intended to protect the public health and safety, to protect persons and property against hazards of flood water inundation and unsuitable and unhealthy development of unsuitable soils, swamp land, marsh land and water courses; to protect the balance of nature, including the habitat for birds, wildlife, and plants essential to the survival of man; to conserve and increase the amenities of the Town, natural conditions and open spaces for education, recreation, agriculture, and the general welfare.
The Watershed and Wetland Areas are included in this District to facilitate the adequate protection of the natural storage capacity of the watershed, to protect, preserve and maintain the water table and water recharge areas, to protect and preserve the marshes, bogs, ponds, watercourses and their adjoining wetlands, to protect the Town’s significant environmental features by reducing the sources and possibilities of pollution, sedimentation and destruction of water bodies.
The following Agriculture-Recreation Districts are added to the Zoning Map:

AR-1 All that land along or sloping toward Poor Meadow Brook lying beyond 200’ southerly of the center line of Main Street and beyond 200’ westerly of the center line of Elm Street that is at or below 55’ Mean Sea Level (MSL).

AR-2 All that land adjacent to or sloping toward Oldham Pond lying northeasterly of the center line of Lakeside Road, westerly of the Town of Hanson Boundary line and southwesterly of the existing Agriculture-Recreation District that is at or below 70’ MSL line, beyond 200’ westerly of the center line of Pearl Street, and beyond 200’ southwesterly of the center line of Brook Street that is at or below 70’MSL.
 AR-3 All that land beyond 200’ easterly of the center line of Indian Head Street, northerly of the center line of an unnamed road immediately north of Indian Head Pond, and lying beyond 200’ southerly of the center line of Maquan Street that is at or below 80’ MSL, as well as that land westerly of Maquan Pond lying beyond 200’ southerly of the center line of Maquan Street and beyond 200’ easterly of the center line of Indian Head Street that is at or below 90’ MSL.

AR-4 All that land adjacent to or sloping toward Indian Head Pond and beyond 200’ easterly of the centerline of Indian Head Street, that is at or below 70’ MSL.

AR-5 All that land lying beyond 200’ northeasterly of the center line of the New York, New Haven, and Hartford Railroad tracks, beyond 200’ easterly of the center line of Pleasant Street, beyond 200’ westerly of the center line of Monponsett Street and beyond 200’ southerly of the center line of South Street that is at or below 70’ MSL.

AR-6 All that land lying beyond 200’ easterly of the center line of Monponsett Street, beyond 200’ northeasterly of the center line of the New York, New Haven, and Hartford Railroad tracks, southwesterly of the Town of Hanson boundary line, and beyond 200’ southerly of the center line of South Street that is at or below 70’ MSL.

 AR-7 Town of Hanson Conservation property lying Southerly of E. Washington Street, westerly of State Street northerly, of Brook Street and easterly of Indian Head Brook.

AR-8 Town of Hanson property purchased for water purposes lying easterly of Franklin Street, northerly of Main Street, southwesterly of the New York, New Haven, and Hartford Railroad tracks and southerly of the Town of Hanson property purchased for industrial purposes. (10/82)

1. Uses permitted.
a. Conservation areas for water, water supply, plants and wildlife, and dams necessary for achieving this purpose.
b. Farming and horticulture, including raising, harvesting and storing crops, truck gardening, cranberry bogs, grazing and poultry raising.
c. Orchards, nurseries, forests and tree farms.
d. Single-family detached dwellings with one of the uses permitted in paragraph a-c above.

2. Uses permitted by special permit granted by the Board of Appeals as provided in Section VIII.D.
a. Picnic areas, day camps, overnight camps, recreation and any non-commercial open-air recreation use, including golf courses, parks (but not an amusement park), boating, fishing, hunting (where legally  permitted), marinas and landings, provided that  there are adequate provisions for disposal of waste products and for parking. Storage buildings  required in connection with these uses shall be  located subject to the same provisions which apply to farm buildings, except that small buildings for the sale of fishing supplies or in connection with a marina may be located below the appliance contour line in accordance with Section V, paragraph c, swimming pools and related accessories. (10/79)
b. Restaurants, provided that their use is in  connection with a permitted use and that adequate parking areas are provided, as required in Section VII D, and further provided that any such building be located subject to the same conditions as apply to farm buildings.
c. Country clubs or other membership clubs, provided that any buildings in connection therewith are  located subject to the same conditions as apply to farm buildings.
d. Single-family detached dwellings.
e. Tourist camps and overnight camps where structures are used for shelter.
f. Accessory uses.
Any use determined to be of similar character to the permitted uses of this district and to the intent of this district, said determination to be made by the Board of Appeals following petition of the landowner or owners.

3. Uses not permitted.
a. The storage or disposal of hazardous wastes, as defined by the Hazardous Waste Regulations promulgated under the Provisions of Section 27(8) and 52 of Chapter 21 of the General Laws.
b. Draining, excavation or dredging, or removal or relocation of loam, peat, sand, gravel, soil, or other mineral substance except accessory to work permitted as of right or by Special Permit.
c. The storage or disposal of any soil, loom, peat, sand, gravel, rock or other mineral substance, refuse, trash, rubbish, debris or dredged soil.
d. The storage or disposal of materials used for snow and ice control including treated sand, salt and other deicing chemicals.

4. Compliance with Wetlands Protection Act.
This section does not excuse any person of the necessity of complying with the Wetlands Protection Act (Massachusetts General Laws, Chapter 131, Sec. 40) as administered by the Hanson Conservation Commission. (10/82)

B. Residence A and Residence AA Districts:
The Residence A and Residence AA Districts are intended as districts for rural, residential and non-commercial uses.
1. Uses permitted.
a. Uses a, b and c permitted in an Agricultural-   Recreation District, Par. A1.
b. Single-family detached dwellings.
c. Boarding houses or Rooming Houses for not more than four (4) persons, provided that the house is also occupied as a private residence.
d. Public and parochial schools, hospitals, playgrounds, churches or parish houses.
e. Fields, pastures, woodlots, greenhouses and farms as permitted in the Agricultural-Recreation District, except that piggeries shall not be located in this district.
f. Display and sale or offering for sale of farm  produce and related products provided that the major portion of the produce is raised within the Town, and provided that no stand for such sale is located within twenty-five feet (25’) of a Street line, and provision is made for off-street parking in accord with Section VII D.
g. Accessory uses, including normal accessory uses as private garages, storage sheds, tennis courts, swimming pools, cabanas for swimming pools, summer houses, and a structure approved by Civil Defense authorities and designed for use by the inhabitants, employees or customers of the property to which it is accessory and used for shelter from natural  disaster or war.
2. Uses permitted by special permit granted by the Board of Appeals as provided in Section VIII.D.
a. Museums, Private schools, Nursery schools, and Colleges with or without Dormitory facilities, including dance, photographic, and music studios, provided adequate off-street parking areas in accord with Section VII D are provided and there is no  external change of appearance of any dwelling  converted for such use except as required by  Massachusetts law.
b. Cemeteries, Hospitals, Sanitariums or other Medical Institutions, including Medical and Dental Laboratories, Nursing Homes, Rest Homes or Charitable Institutions.
c. Telephone Exchange Buildings, Radio Stations, and utility structures, provided there are no service yards except for required parking.
d. Conversion of a single-family dwelling existing at the time of the adoption of Zoning by Town of Hanson to a two-family structure provided that:
1. the exterior appearance of the structure is  not altered;
2. the lot on which the structure is located  contains at least 40,000 sq. ft.
e. Funeral homes, mortuaries and crematories.
f. Home Occupations may be engaged in as an accessory use of a dwelling by a resident of that dwelling, upon issuance of a Special Permit by the Board of Appeals pursuant to Section VIII.D. and upon  conformance with all of the following conditions:
1. The occupation shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
2. No more than twenty-five percent of the floor area of the residence shall be used for the purpose of the home occupation, nor more than fifty percent of the combined floor area of the residence and any accessory structures used in the home occupation. Day care   facilities licensed under the provisions of M.G.L.A. ch. 28A, s.10 shall be exempt from this limitation.
3. The home occupation shall be accommodated within an existing structure without extension thereof.
4. Not more than two persons not a member of the household shall be employed on the premises in the home occupation.
5. Except for a permitted sign, there shall be no exterior display, no exterior storage of materials, and no other exterior indication of the home occupation, or other variation from the residential character of the premises.
6. No offensive noise, vibrations, smoke, dust, odors, heat, or glare shall be produced detectable without instruments off of the premises.
7. Traffic generated by the home occupation shall not significantly increase volumes normally expected in the residential   neighborhood.
8. Parking generated shall be accommodated off-street.
g. Any use determined to be of similar character to the permitted uses of this district and to the intent of this district, said determination to be made by the Board of Appeals following petition of the landowner or owners.

C. Residence B District:
The Residence B District is intended for residential and non- commercial uses.
1. Uses permitted:
All uses permitted in Residence A District, Section B-1.
2. Uses permitted by special permit granted by the Board of Appeals as provided in Section VIII.D.
a. All uses permitted in Residence A District, Section B-2.
b. Structures containing more than one (1) but not more than eight (8) dwelling units, provided that:
1. Each dwelling unit shall have two (2) exposures.
2. Each dwelling unit shall have two (2) separate exits.
3. All off-street parking areas as required under Section VII D shall be in the rear of buildings.
4. Each structure shall be connected to Town water.
5. A site plan prepared in accordance with the provisions of Section VII F has been submitted to and been approved by the Board of Appeals.
6. If there is more than one (1) such structure on a lot of record, there shall be at least forty feet (40’) between each structure.
7. Demolition of existing historic structures, as designated in the “Bay Circuit/Open Space Plan, Hanson, Massachusetts,” Table 1, Hanson Historic Sites, pages 5-6 and accompanying map, by IEP, Inc., dated January, 1988 shall not be permitted in order to construct a new multi-family structure.
c. Professional office in accord with provisions of paragraphs 2b, 3, and 4 above.
d. Funeral homes, mortuaries and crematories.

D. Business District:
The Business District is intended to provide consumer goods and services.
1. Uses permitted, subject to site plan approval as provided in Section VII.F., where such use does not have, as may be determined by the Zoning Board of Appeals, any of the following qualities or attributes:
·       10 or more required parking spaces;
·       any wastewater disposal system requiring a permit from the Massachusetts Department of Environmental Quality Engineering under 310 CMR 15.02, as may be amended;
·       aggregate building footprint(s) (excluding driveways and required parking areas) in excess of 5000 sq. ft.;
·       generation, as certified by a recognized traffic engineer, of more than 50 traffic trips per day;
·       any use or storage of hazardous materials, as defined in Section VI.F., in excess of that normally associated with household use.
In the event that such proposed use does have attributes that equal or exceed one or more of the thresholds set forth above, the requirements of Section VI.D.2 shall apply.
a.      Retail store or service establishment, the principal activity of which shall be the offering of goods or services at retail within the building.
b.      Business or professional offices or banks.
c.      Restaurants, membership clubs.
d.      Parking areas or garages for use of employees, customers, or visitors, subject to design standards in Section VII D.
e.      Public, religious or denominational schools, hospitals, churches and religious buildings or uses.
f.      Theaters, museums, bowling alleys and other  commercial amusement provided all business is  conducted within the structure.
g.      Gasoline service stations, provided that:
1. Repairs shall be limited to minor repairs and adjustments unless conducted in a building.
2. There shall be no storage of motor vehicles, appliances and equipment on the premises other than those in process of repair or awaiting delivery or in an enclosed structure.

h. Motels and hotels.
i. Accessory building and uses.
j. Signs as provided in Section VII E.
k. Licensed Kennels, by special permit of the Appeals Board.
l. Salesrooms and yards for automobiles. (10/79)

2. Uses permitted by special permit granted by the Board of Appeals as provided in Section VIII.D.:
a. Any use set forth in Section VID.1.a - 1, which  meets or exceeds any of the thresholds established in Section VI.D.1.

E. Commercial-Industrial District:

The Commercial-Industrial District is intended for use by research laboratories, office buildings and light industries which are compatible with a low-density, rural residential community  
1. Uses permitted, subject to site plan approval as provided in Section VII.F., where such use does not have, as may be determined by the Zoning Board of Appeals, any of the following qualities or attributes:
·       10 more required parking spaces;
·       any wastewater disposal system requiring a permit from the Massachusetts Department of Environmental Quality Engineering under 310 CMR 15.02, as may be amended;
·       aggregate building footprint(s) (excluding driveways and required parking areas) in excess of 5000 sq. ft.;
·       generation, as certified by a recognized traffic engineer, of more than 50 traffic trips per day;
·       any use or storage of hazardous materials, as defined in Section VI.F., in excess of that normally associated with household use.
In the event that such proposed use does have attributes that equal or exceed one or more of the thresholds set forth above the requirements of Section VI.E.2 shall apply.
a. Research laboratories with incidental assembly or test manufacture.
b. Uses a, b, c, d, and h permitted in Business  District, Paragraph D-1.
c. Manufacturing enterprises, provided that such  activities will not be offensive, injurious, or  noxious because of sewerage and refuse, vibration, smoke or gas, fumes, dust or dirt, odors, danger of combustion or unsightliness.
d. Building materials salesrooms, salesrooms and yards for automobiles, bicycles, boats, farm implements, and similar equipment, terminals, utility  structures, contractors’ yards, storage warehouses, yards and buildings and wholesale distribution  plants.
e. Printing, publishing and commercial photographic  establishments, medical or dental laboratories, subject to the restrictions in paragraph c and d  above.
f. Cafeterias for employees and other normal accessory uses, when contained in the same structure as a  permitted use.
g. Theaters, halls, bowling alleys, skating rinks, marinas, clubs and other places of amusement or  assembly.
h. Licensed Kennels, by special permit of the Appeals Board
2. Uses permitted by special permit granted by the Board of Appeals, in accordance with Section VI.E.3.:
a. Any use set forth in Section VI.E.1.a - h, which  meets or exceeds any of the thresholds established in Section VI.E.1.
3. Conditions for Approval:
a. Building construction:
All buildings shall be of construction prescribed in the Building Code of the Town of Hanson.
b. Odor, dust and smoke:
No such emissions shall be discernible beyond the property line or, in the case of an industrial park development, or of multiple use of the property, beyond one hundred feet (100’) of the building generating the emission, except that in no case shall the discharge from any source exceed the following limits:
1. Smoke measured at the point of discharge  into the air shall not exceed a density of No.  1 on the Ringlemen Smoke Chart as published by  the U.S. Bureau of Mines, except that a smoke  of a density not darker than No. 2 on the  Ringlemen Chart may be emitted for not more  than three (3) minutes in any one (1) hour.
2. Lime dust, as CaO, measured at the  property line of any lot on which the activity  creates such dust, shall not exceed ten (10) micrograms per cubic meter of air.
3. Total particulate matter measured at all  stacks or other points of emission to the air  shall not exceed thirty (30) grams per hour per  acre of land included in the lot.
4. All measurements of air pollution shall be  by the procedures, and with equipment, approved  by the Building Inspector, which procedures and  equipment shall be of the latest generally  recognized development and design readily  available.
5. No open burning is permitted.
c. Noise:
All noise shall be muffled so as not to be  objectionable due to intermittence, beat frequency or shrillness, and as measured at any property line of the lot shall not exceed the following intensity in relation to sound frequency:
Maximum Sound Level
Frequency, Cycles                         Above Zero Decibels
                        per second                                      Permitted *  
                         0 to 74                                         74
                       75 to 149                                        59
                       150 to 299                                       52
                       300 to 599                                       46
                       600 to 1199                                      42
                       1200 to 2399                                    39
                       2400 to 4799                                    36
                       4800 to --                                      33
According to the following:
Sound Pressure Levels in Decibels - equal
10 log P1/P2 where P2 equals 0.0002 dynes/cm2

1. Such sound levels shall be measured with a sound level meter and octave band analyzer approved by the Building Inspector.
2. Noise making devices which are maintained and are utilized strictly to serve as warning devices are excluded from these regulations.
d. Heat, glare, vibration and radiation:
No heat, glare, or vibration shall be discernible from the outside of any structure, and all radiation shall be contained within a structure.
e. Exterior lighting:
No exterior lighting, other than street lighting approved by the Selectmen, shall shine directly on adjacent properties or towards any street.
f. Storage:
All materials, supplies and equipment shall be stored in accord with Fire Prevention Standards of the National Board of Fire Underwriters and shall be screened from view from public ways and abutting properties.
g. Waste disposal and water supply:
Regulations of the State Board of Health and the Board of Health of the Town of Hanson shall be met and shall be as indicated on the approved site plan.
h. Screening, surfacing, parking and signs:
As provided in Section VII of this bylaw.

F. Aquifer and Well Protection District
Purpose: the purpose of the Aquifer and Well Protection District is to protect the public health by preventing contamination of the ground and surface water resources providing public water supply.
1. Definitions Pertaining to an Aquifer and Well Protection District:
a. Animal Feedlot: Any site used regularly for the feeding of ten (10) or more animals for agricultural/commercial purposes.
b. Aquifer: Geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water.
c. Groundwater: All the water found beneath the surface of the ground.
d: Hazardous Materials: Any substance or combination of substances which, 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 into or on any land or water in the Town. Any substance defined in section 101 (14) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, shall be deemed a hazardous material, and, any substance deemed a “hazardous waste” in Massachusetts General Laws C. 21C, as amended, shall also be deemed a hazardous material for the purposes of this Zoning Bylaw.
e. High Water Line: Limit of area covered by 100-year flood.
f. Impervious: Impenetrable by surface water.
g. Mining of Land: The removal or relocation of geologic materials such as topsoil, sand, and gravel, metallic ores, or bedrock.
h. Overlay District: Consists of aquifers and/or aquifer recharge areas where uses are regulated in accordance  with the provisions of an adopted by-law under which such district is created and defined.
i. Solid Wastes: Discarded solid materials, including but not limited to, rubbish, garbage, scrap materials, junk, refuse, inert fill material, and landscape refuse.
j. Special Permit Granting Authority: Hanson Board of Appeals.
k. Aquifer and Well Protection Area Map: As filed with the Town Clerk dated June 24, 1969 and revised September 1990, revised November 30, 1990 and revised March 2, 1992, revised March 22, 1993. (10/93)

2. Establishments of Districts
There are hereby established within the Town certain Aquifer and Well Protection Districts and Hydrogeologic Zone, which are delineated on an overlay map at a scale of one inch (1”) equals one thousand feet (1000’) entitled “Aquifer Protection Districts, Town of Hanson, Massachusetts”. The map is hereby made a part of this Zoning By-Law and is on file in the office of the Town Clerk. The aquifer and well protection districts and zones herein established shall be considered as overlaying other existing zoning districts. These boundaries of the Aquifer and Well Protection District and Zones are delineated to reflect the best hydrogeologic information available as of the date of the maps.
The Aquifer and Well Protection District includes the following zones:
Zone I                  means the protection radius required around a
public water supply or well field. All zoning
district uses are prohibited within Zone I  area.
There is no activity within this area, which is
owned by the Town.

Zone II                 means that area of an aquifer which contributes
water to a well under the most severe pumping  and recharge conditions that can be  realistically anticipated (180 days of pumping   at safe yield, with no recharge from  precipitation)

Zone IIIA       means that land area beyond the area of Zone II from which groundwater drains into Zone II.

Zone IIIB               means that land area beyond the area on Zone II
                               from which surface water drains into Zone II.

3. Use Regulations
Within an Aquifer and Well Protection District, the requirements of the underlying districts continue to apply, except that uses are prohibited where indicated by “N” in the following scheduled, and that uses are permitted where indicated by a “P” and require a Special Permit where indicated by “SP”, even where the underlying district requirements are more permissive. Uses permitted in the underlying districts are otherwise allowed in the Aquifer and Well Protection District.

A. SCHEDULE OF USES
                                                                               ZONE            ZONE
                                                                       II & IIIA               IIIB
1) Solid waste disposal facilities,
including, without limitations,
landfills and junk salvage yards                                        N                       N
that require a site assignment from
the Board of Health under Massachusetts
General Laws, Chapter 111, Section 150A
(the landfill assignment law) and
Regulations adopted by the Department
of Environmental Quality Engineering,
310 CMR 19.00;

2) Landfills and open dumps, as defined                         N                       N
in 310 CMR 19.006;
                       
3) Landfilling of sludge and septage,                           N                       N
as defined in 310 CMR 32.05;

4) Automobile graveyards and junkyards                          N                       N     
as defined in M.G.L. c. 140B s.1;

5) Car wash, Laundromat, auto repair, used                      N                       SP
car lots and automobile sales lots, auto body
shop, truck and heavy equipment repair; (5/84)

6) Trucking or bus terminals;                                           N                       SP

7) Printing, publishing, and commercial                                 N                       SP
photographic establishments, medical or
dental laboratories or research labor-
atories;

8) Hospital or nursing homes;                                   N                       SP
        
9) Veterinary hospital;                                                 N                       SP

10) Funeral establishments;                                     N                       SP

11) Hotel, inn, or motel;                                               N                       SP

12) Agriculture tree nurseries and orchards;                    SP                      P

13) Land uses that result in the rendering                      P                       P
impervious of more than 15% or 2500 square
feet of any lot, whichever is greater, are
permitted provided that a system for
artificial recharge of precipitation is
provided that will not result in the
degradation of ground water quality. In no
case will the maximum impervious coverage
exceed 30% when an approved artificial recharge    
system has been provided. CMR 22.21              5/98
              
14) Treatment works (refers to waste water                      N                       N
treatment plants) that are subject to 314
CMR 5.00, except the following:

a. The replacement or repair of an                                      SP                              SP
existing system(s) that will not result
in a design capacity greater than the
design capacity of the existing system(s);
b. The replacement of an existing sub-                          SP                      SP
surface sewage disposal system(s) with
wastewater treatment works that will not
result in a design capacity greater than
the design capacity of the existing system(s);
c. Treatment works approved by the                               SP                     SP
Department of Environmental Protection designed
for the  treatment of contaminated ground or surface                                       
waters; and
d. If the Department of Environmental                           SP                      SP
Protection amends 314CMR 5.00 on the basis of the Final
Generic Environmental Impact Report (FGEIR) on
Privately Owned Sewage Treatment Facilities
(PSIFs) privately owned sewage treatment
facilities permitted in accordance with 314
CMR 5.00 as amended.

15) Facilities that generate, treat, store,                             N                       N
hazardous waste are subject to M.G.L.
C. 21C and 310 CMR 30.00 except for the
following:
a. very small quantity generators,
 as defined by 310 CMR 30.00;                                          SP                      P
b. household hazardous waste collection                         P                       P
centers or events operated pursuant
to 310 CMR 30.390;
c. waste oil retention facilities re-                                   SP                      P
quired by M.G.L. c. 21, s. 52A and
d. treatment works approved by the Department           SP                      P
of Environmental Protection designed in
accordance with 314 CMR 5.00 for the
treatment of contaminated ground or
surface waters.
                       
16) Business and industrial uses, which                         N                       N
manufacture, use, process, store, or dispose of
hazardous materials or wastes, including but
not limited to metal plating, chemical manu-
facturing, wood preserving, furniture stripping,
dry cleaning;

17) Storage or disposal of hazardous waste,                     N                       N
including, without limitation, chemical wastes, 
radioactive wastes, and waste oils other than
normal household activities;


18) Storage of liquid hazardous materials,                      N                       N
as defined in M.G.L. C21E; in quantities
greater than associated with normal household
use;

                      
19) storage of animal manures, 310 CMR 22.21            SP                      SP                        
                       

20) Storage of sludge and septage, 310 CMR                      N                       N
32.05;

21) Stockpiling and disposal of snow or ice                     N                       P
removed from highway and streets located outside
of Zone II/IIIA that contains sodium chloride,
calcium chloride, chemically treated abrasives or
other chemicals used for snow and ice removal,
310 CMR 22.21;

22) Storage of sodium chloride, calcium,                        N                       N
chloride, chemically treated abrasives or
other chemicals used for the removal of ice
and snow on roads, unless such storage is
within a structure designed to prevent the
generation and escape of contaminated runoff
or leachate, 310 CMR 22.21;

23) Storage of commercial fertilizers and                               SP                      SP
soil conditioners, M.G.L. 128, s. 64; (5/84)

24) The removal of soil, loam, sand, gravel,                    N                       SP
or any other mineral substances within four
feet of historical high groundwater table
elevation (as determined from monitoring wells
and historical water table fluctuation data
compiled by the United States Geologic Survey),
unless the substances removed are redeposited
within forty-five (45) days of removal on site to
achieve a final grading greater than four (4) feet
above the historic high water mark, and except for
excavations for the construction of building
foundations or the installation of utility works,
310 CMR 22.21
                            
25) Removal of earth, loam, sand, and gravel,                   N                       SP
or any mineral in excess of 50 cubic yards, not
incidental to construction of building.

26) Storage of liquid petroleum products of any                 N                       SP
kind, except those incidental to (1) normal
household use and outdoor maintenance or the
heating of a structure, (2) waste oil retention
facilities required by M.G.L. c.21, s. 52A,
(3) emergency generators required by statute,
rule or accordance with 314 CMR 5.00 for the
treatment of contaminated ground or surface waters,
provided that such storage is either in a free
standing container within a building or in a free
standing container above ground level with
protection adequate to contain a spill the size
of the container’s total storage capacity.        (10/93)

4. Establishment of Low Salt Road Area
A low salt area shall receive no more than a mixture of three (3) parts sand to one (1) part salt.
Road designated as “Low Salt Road Areas” include:
1. Franklin Street from E. Bridgewater town line south to the intersection of Franklin Street and Main Street.
2. W. Washington Street from E. Bridgewater town line to intersection with County Road and Holmes Street.
3. Other roadways so designated by Water Commissioners.

5. District Boundaries
       a. Where a portion of the lot is located partially within and partially without the Aquifer and Well Protection District, site design shall, to the extent feasible, locate potential pollution sources outside the District boundaries.
       b. Where the bounds of the Aquifer and Well Protection District and Zones are in doubt or dispute, as delineated on the Aquifer and Well Protection Area Map, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located. At the request of the owner(s), the Town may engage a professional engineer (civil or sanitary) hydrogeologist or soil scientist to determine more accurately the location and extent of an aquifer or hydrogeologic zone, and may charge the owner(s) for all or part of the cost of the investigation.

6. Special Permit Granting Authority. The Special Permit Granting Authority (SPGA) shall be the Board of Appeals.

7. Any Special Permit required under this Section VI.F shall be in addition to, and separate from, any other Special Permit required under any section of this Zoning Bylaw.

8. Special Permit Application and Review Procedures. Whenever an application for a Special Permit is filed with the Board of Appeals under Section VI.F (6), the Board of Appeals shall transmit within six working days of the filing of the completed application, copies of the application and other documentation to the Water Commissioners, Board of Health, Planning Board, Conservation Commission, Highway Surveyor, Hazardous Waste Coordinator, and the Building Inspector for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. Any such reviewing party to which special permit applications are referred for review shall make such recommendations as they deem appropriate and shall send copies thereof to the SPGA and to the applicant. Failure of these reviewing parties to make recommendations within thirty-five (35) days after having received copies of all such required materials shall be deemed a lack of opposition thereto. The Decision/Findings of the Board of Appeals shall contain, in writing, an explanation for any departures from the recommendations of a reviewing party.
         a. Public Hearings. The Special Permit Granting Authority shall hold a hearing in accordance with the provisions of M.G.L.A. ch. 40A, s.9, as amended, within sixty-five (65) days after the filing of the application and accompanying documentation and after the review by the town/boards/departments. Notice of the public hearing shall be given in accordance with the provisions of M.G.L.A. ch. 40A, s. 11, as amended.
 
Failure by the SPGA to take final action upon an application for a special permit within ninety (90) days following the date of public hearing shall be deemed to be a grant of the permit applied for.

9. Special Permit Criteria. Special Permits hereunder shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Section VI.F (6) that;
a. the purpose and intent of this section VI. F. are upheld;
b. groundwater quality resulting from on-site wastewater disposal or other operations on-site shall not fall below the more restrictive of federal or state standards for drinking water, or, if existing groundwater quality is already below those standards, on-site disposal or operations shall result in no further deterioration.   

In making such determination, the SPGA shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to groundwater quality which would result if the control measures failed.                    

10. Submittals. In applying for a Special Permit hereunder, the SPGA shall require the information listed below, unless waived or modified by the SPGA, with reasons therefor.
a. A complete list of all chemicals, pesticides, fuels, or other potentially hazardous materials to be used or stored on the premises in quantities in excess of 5 gallons or 25 pounds dry weight of any substance or a total of all substances not to exceed 50 gallons or 250 pounds dry weight, accompanied by a description of the measures proposed to protect all storage containers from vandalism, corrosion, and leakage, and to provide for control of spills.  

 b. A description of all potentially hazardous wastes to be generated in quantities in excess of 5 gallons or 25 pounds dry weight of any substance or a total of all substances not to exceed 50 gallons or 250 dry weight, accompanied by a description of the measures proposed to protect all waste storage containers from vandalism, corrosion, and leakage, and to provide from control of spills.

c. For any proposed activity on a lot which will render more than 20 percent of the total lot area impervious, the application shall be accompanied by drainage calculations, utilizing U.S. Soil Conservation Service methodology, demonstrating that any increase in the volume of runoff shall be recharged on-site and diverted towards areas with vegetation for surface infiltration to the maximum extent possible. This plan shall be accompanied by a narrative statement explaining the use of any dry wells, which shall be allowed only upon a showing that other methods are infeasible, and that the dry wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contaminants.

d. For any use retaining less than 40 percent of lot area in its natural vegetative state, the application shall be accompanied by evidence to demonstrate that such removal of vegetative cover shall not result in decreased recharge of the groundwater deposit, or increased sedimentation of surface waters. The application shall indicated any restoration proposals, or erosion control measures proposed on the premises.

e. For any use, other than a single-family dwelling, with an on-site disposal system for domestic or industrial wastes with a design capacity of greater than 1,500 gpd, as required by 310 CMR 15.00, certification by a Registered Professional Engineer that the disposal system has been installed in compliance with design specifications, and a narrative statement, by a Registered Professional Engineer, assessing the impact, if any, of nitrates, coliform bacteria, and hazardous materials from the disposal system to groundwater quality on the premises, adjacent to the premises, and on any town well field(s) downgradient from the proposed disposal system.

f. Applications for removal of earth, loam, sand and gravel, or any other mineral in excess of 50 cubic yards shall be accompanied by a narrative statement, prepared by a Registered Professional Engineer, assessing the impacts, if any, of the proposed activity on groundwater and surface water quality on the premises, adjacent to the premises, and on any town well field(s) downgradient from the proposed activity or use.

g. For animal feedlots and manure lots, evidence shall be submitted certifying that the proposed use shall be in accordance with the Best Management Practices of the U.S. Soil Conservation Service.

h. For all uses available on a Special Permit as provided in Section VI F.(3) (a) herein, the applicant shall also indicate the distance between the proposed activity or use and any downgradient town well field(s).

11. Non-conforming Use

Non conforming uses which are lawfully existing, begun or in receipt of a building or special permit prior to the first publication of notice of public hearing for this bylaw may be continued. Such non-conforming uses may be extended or altered, as specified in M.G.L. Ch 40A, Sec. 6, provided that there is a finding by the Board of Appeals that such change does not increase the danger of groundwater pollution from such use.

G. National Flood Insurance District:

The purpose of this district is to insure proper flood plain management consistent with criteria established by the National Flood Insurance Program.

The National Flood Insurance District shall not supersede other zoning districts but shall be deemed to be superimposed over these other zoning districts.

This district shall include all special flood hazard areas designated either as Zone A or Zone A 1 through A 30 on the Flood Insurance Rate Map (F.I.R.M.).

1. Special Permits
Special Permits for construction or substantial  improvements may be granted by the Board of Appeals (Special Permit Granting Authority) subject to the following requirements:

 a. Within those areas designated as Zones A 1 through A 30, all new residential construction or substantial improvements (the cost of which equals or exceeds fifty percent (50%) of the market value of the  structure) shall have the lowest floor, including basement, elevated to or above the base flood level (the 100-year flood elevation) designated on the  F.I.R.M. Nonresidential structures must be elevated to or above the base flood level or must be floodproofed and watertight to the base flood level.  All other development must meet at least the minimum standards as set forth in the Massachusetts State Building Code pertaining to construction in the  flood plains.

 b. Within those areas designated as Zone A, where the base flood level is not identified on F.I.R.M. the applicant for a Special Permit shall provide the  SPGA with data defining the base flood level. This data will be used to comply with the requirements of the National Flood Insurance Program.

 c. Within those areas designated as a floodway, the  SPGA shall grant no special permit for the following encroachments unless a registered professional  engineer or architect certifies that such  encroachments will not result in any increase in the flood level during the occurrence of the 100-year flood discharge:

 1. Landfill or dumping of any kind.

 2. Construction or substantial improvements.
 
  3. Permanent storage of materials or equipment.

Construction permitted within a floodway must comply with the   requirements of the national Flood Insurance Program.

 d. Where watertight floodproofing of a structure is  permitted, a registered professional engineer or  architect shall certify that the methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other  factors associated with the 100-year flood.

2. Compliance with Wetlands Protection Act.

All development, including structural and non-structural activities, whether permitted by right or by Special Permit must be in compliance with Chapter 131, Section 4 of the Massachusetts General Laws and with the  requirements of the Massachusetts State Building Code pertaining to construction in the flood plains.

RADIOACTIVE WASTE DISPOSAL:

No land within any use district in the Town of Hanson may be used for the collection, treatment, storage, burial, incineration, or disposal of radioactive waste, including, but not limited to, wastes classified as low-level radioactive waste (10/82)

H. FLEXIBLE ZONING BYLAW/SPECIAL DISTRICT
The flexible zone district of this bylaw is intended to provide for a mixture of residential, agricultural, business, commercial and industrial, and mixed uses provided such use does not detract from the livability and aesthetic qualities of the environment:
Uses permitted:
 a. Conservation areas for water, water supply, plants and wildlife, and dams necessary for achieving this purpose.
b. Farming and horticulture, including raising, harvesting and storing crops, truck gardening, cranberry bogs, grazing, poultry raising, fields, pastures, woodlots, and greenhouses, except that piggeries shall not be located in this district.
c. Orchards, nurseries, forests and tree farms.
d. Display and sale or offering for sale of farm produce and related products provided that the major portion of the produce is raised within the Town, and provided that no stand for such sale is located within twenty-five feet (25’) of a Street line, and provision is made for off-street parking in accord with Section VII D.
e. Single-family detached dwellings.
f. Boarding houses or Rooming Houses for not more than four (4) persons, provided that the house is also occupied as a private residence.
g. Accessory uses, including normal accessory uses as private garages, storage sheds, tennis courts, swimming pools, cabanas for swimming pools, summer houses, and a structure approved by Civil Defense authorities and designed for use by the inhabitants, employees or customers of the property to which it is accessory and used for shelter from natural disaster or war.
2. 2. Uses permitted by special permit granted by the Board of Appeals as provided in Section VIII.D.
a. Professional office, Funeral homes, and mortuaries.
b. Retail store or service establishment, the principal activity of which shall be the offering of goods or services at retail within the building.
c. Restaurants, membership clubs.
d. Parking areas or garages for use of employees, customers, or visitors, subject to design standards in Section VII D.
e. (Disapproved by Attorney General)
f. (Omitted by intention)
g. (Omitted by intention)
h. Theaters, museums, and bowling alleys.
i. Gasoline service stations, provided that:
i. Repairs shall be limited to minor repairs and adjustments unless conducted in a building.
ii. There shall be no storage of motor vehicles, appliances and equipment on the premises other than those in process of repair or awaiting delivery or in an enclosed structure.
j. Motels, hotels and bed and breakfast establishments.
k. Salesrooms and yards for automobiles.
 l. Picnic areas, day camps, overnight camps, recreation and any non-commercial open-air recreation use, including golf courses, parks (but not an amusement park), boating, fishing, hunting (where legally permitted).
m. Marinas and landings, provided that there are adequate provisions for disposal of waste products and for parking. Storage buildings required in connection with these uses shall be located subject to the same provisions which apply to farm buildings, except that small buildings for the sale of fishing supplies or in connection with a marina may be located below the appliance contour line in accordance with Section V, paragraph c, swimming pools and related accessories
n. Restaurants, provided that their use is in connection with a permitted use and that adequate parking areas are provided.
o. Country clubs or other membership clubs.
p. (Disapproved by Attorney General)
q. Tourist camps and overnight camps where structures are used for shelter.
r. Commercial amusements, provided all business is conducted within the structure.
s. Licensed Kennels, by special permit of the Appeal Board.
t. Structures containing more than one (1) but not more than eight (8) dwelling units, provided that:
i. Each dwel ling unit shall have two (2) exposures.
ii. Each dwelling unit shall have two (2) separate exits.
iii. All off-street parking areas as required under Section VII D shall be in the rear of buildings.
iv. Each structure shall be connected to Town water.
v. A site plan prepared in accordance with the provisions of Section VII F has been submitted to and been approved by the Board of Appeals.
vi. If there is more than one (1) such structure on a lot of record, there shall be at least forty feet (40’) between each structure.
vii. Demolition of existing historic  structures, as designated in the “Bay Circuit/Open Space Plan, Hanson,  Massachusetts,” Table 1, Hanson Historic Sites, pages 5-6 and accompanying map, by IEP, Inc., dated January, 1988 shall not be permitted in order to construct a new multi-family structure.
Any use determined to be of similar character to the permitted uses of this district and to the intent of this district, said determination to be made by the Board of Appeals following petition of the land owner or owners.

Additional Uses Allowed By Special Permit
In the flexible zone district, the following uses may be allowed by special permit.
Uses permitted:
a. mixed use in one (1) structure (i.e. residence & business).
b. assisted living residence at a limit of six (6) in one structure
Density Requirements:
a. The minimum lot size for all structures shall be 35,000 square feet. (At least eighty percent (80%) of the minimum lot size shall be upland (i.e., not a bank, bog, dune, marsh, swamp or wet meadow under the Massachusetts General Law, Chapter 131, Section 40.)
b. The minimum frontage in feet for all structures shall be 150 feet. Measured at the street line. Where a lot has frontage on two streets only one half of the linear distance on the curve at the intersection shall be computed as frontage on any street. Both frontages shall meet the requirements of minimum lot frontage for a depth of one hundred (100) feet.
c. The minimum front yard shall be thirty-five (35) feet from lot line or the average of the front set back of the buildings on lots on the same side of the street and within three hundred (300’) feet of the subject lot, which front yard set back line shall be less.
d. The minimum side yard shall be twenty (20) feet from the lot line.
e. The minimum rear yard shall be fifteen (15) feet from the lot line.
f. The maximum percent building coverage shall be 20 %
g. The maximum total gross coverage shall be 75 %
Parking Requirements
Throughout this zone, where there is parking for eight (8) or more vehicles, sixty (60%) of the number of spaces shall be to the rear of the main structure on the lot, provided this requirement may be altered by the Board of Appeals in the manner set forth herein below at subparagraph “j.”
The requirements for off street parking and loading areas shall be as specified below for specific uses. These requirements shall be met in the case of all new construction, including expansions, additions, or changes of use. Where applicable, such parking areas shall be noted on a required Site Plan under Section VII.F of this By-Law. Where stipulated, “net floor area” shall mean usable floor space, exclusive of enclosed or inaccessible floor areas. In applying for a building or occupancy permit, the applicant must demonstrate that the following minimums will be met for the new demand without counting existing parking:
a. Dwellings: Two spaces per dwelling unit, garage space inclusive.
b. Motels, hotels, lodging houses: One space per guest unit plus one additional space per eight guest units or fraction thereof, plus one space for each employee on the largest shift.
c. Retail stores, offices, municipal offices, and banks: One space per 150 square feet of net floor area.
d . Motor vehicle service station or repair or body shop: Three spaces for each service bay plus one space per employee on the largest shift.
e. Industrial or wholesale: A minimum of five spaces, plus one space for each 2,000 sq. ft. net floor area for the first 20,000 sq. ft., plus one space for each additional 10,000 sq. ft of net floor area, plus one space per employee on the largest shift.
f. Places of assembly, restaurants: One space per three seats, or one space per 12 square feet of seating area, whichever is greater.
g. Hospitals: One space per bed.
h. Nursing homes: One space per each two beds, plus one space per employee on the largest shift.
i. Bowling alleys: Four spaces per lane.
j. All others, including shared parking: As determined by the Board of Appeals only upon its written determination that the proposed use will not have adverse effects on either the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. The determination shall include consideration of each of the following:
i.) Social, economic, or community needs which are served by the proposal;
ii.) Traffic flow and safety;
iii.) Adequacy of utilities and other public services;
iv.) Neighborhood character and social structures;
v.) Impacts of the natural environment;
vi.) Potential fiscal impact.


2. Design of Off-Street Parking and Loading Spaces shall meet the   requirements specified below:
 a. Location:
Required parking shall be either on the same premises as the activity it serves, or on a separate parcel if said parcel is located within 300 feet of the building’s major entrance, and if not separated by a state-numbered highway, and if in a zoning district allowing the activity it serves.

 b. Backing:
All parking areas shall be designed and located so that their use does not involve vehicles backing onto a public way. This shall not apply to residential uses.

c. For all required off-street parking spaces, open or enclosed, each 300 square feet of net standing and maneuvering area shall be considered one (1) space. All such parking spaces shall be designed so as to provide a twelve-foot (12’) clear space adjacent to each building. All required parking spaces shall be provided with unobstructed access to and from a street and shall be properly maintained in such a manner as to permit them to be used at all times. All required parking spaces shall be located on the same lot as the use with which such spaces are connected or, in the case of unenclosed spaces, within 200’ of the lot, except that two (2) or more businesses may jointly provide the required spaces on one (1) or more of their lots. The number of spaces in any such joint facilities shall at least equal the total number required under the provisions of this Section for their individual uses.

 d. Required off-street parking and loading spaces shall not hereafter be reduced, nor shall one be counted as or substituted for the other.

e. Whenever off-street parking in Business or Commercial-Industrial Districts is required in accordance with Section VII D, there shall be an area at least twenty feet (20’) deep between the street line and the balance of the lot which shall be separated from the street and the balance of the lot by a curb which shall encompass an area that shall be seeded and landscaped except at an access. Such access shall be at least twenty feet (20’) wide and at least 120’ center to center apart, and further provided that there shall be only one (1) access if the street frontage is 200’ or less. If the street frontage is greater, additional accesses may be allowed in the ratio of one (1) such access for each additional 200’ or portion thereof of frontage.

f. Except in the case of parking spaces provided for dwellings, requirements for paving off-street parking and loading areas shall be determined by the Planning Board.

g. Except in the case of parking spaces provided for single-family dwellings, off-street parking and loading areas used after sundown shall be illuminated with illumination so arranged so as not to shine directly on abutting properties or on streets.

h. Entrance cuts to be made onto a traveled way shall be designed by the Planning Board after consultation with the State DPW Engineers as required, Police Chief, and Highway Surveyor.

i. For Parking areas of fifteen (15) cars or more, the following requirements shall apply:

1. Parking lots for 15 or more cars shall be screened from any residential use or district which is abutting or separated from it only by a street. Screening shall be by a four foot planting strip maintained with densely planted shrubs, or by a fence of not less than four feet in height, and shall be landscaped as required below.

2. Parking lots for 15 or more cars shall contain or be bordered within 5 feet by at least one tree per 10 cars, trees to be of 2” caliper or larger, and if within the parking area, to be planted in curbed soil plots allowing not less than 40 square feet of unpaved soil area per tree.

3. Parking lots for 50 or more cars shall be separated into                  areas not to contain more than 25 spaces. Parking areas of 25 spaces shall be separated by grass or shrub buffer areas, not less than 10 feet in width.

Signage

1. Non-illuminated signs are permitted in all districts subject to the restrictions of Article XIII of the Town bylaws and as follows:
a. One (1) sign for identification, announcement of professional or home occupations or announcement of membership of an occupant of a dwelling, or announcement of use of any other property, not exceeding three (3) square feet in area.
b. One (1) sign not exceeding twelve (12) square feet in area pertaining to the rent, lease or sale of land or building on which the sign is located except in the case of a corner lot, one (1) such sign for each street.

2. In the Flexible Zone, for non-residential use, signs are permitted as follows:
a. An announcement sign advertising goods and services available on the premises, or the name of the occupant, attached to the facade of the building, not exceeding thirty-six (36) square feet unless approved with the site plan (see Section VII F), and provided that except for clocks the sign is not oscillating, flashing or operated with movable parts.
b. An identification sign for a business development or industrial park of a size and location approved with the site plan (see Section VII F).
c. One (1) free standing sign for identification, announcement of professional occupation, advertising goods and services available on the premises, not to exceed nine (9) square feet in area, and provided that except for clocks the sign is not oscillating, flashing or operated with movable parts, and provided that no sign shall be located within twenty feet (20’) of the paved surface of any public or private way.

Landscaping and Buffer Area Requirements

1. A coordinated landscape design for the entire project area, including landscaping of structures, parking areas, driveways and walkways, shall be submitted for approval by the Board of Appeal, and shall be, subsequent to such approval, implemented.
2. Existing trees and vegetative cover shall be conserved and integrated into the landscape design.
3. There shall be a minimum of a twenty (20’) foot buffer for each lot, and within buffer areas, screening shall be retained or provided as follows:
a. When natural vegetative cover and natural contours have been preserved, the Special Permit Granting Authority may waive, in whole or in part, the strict enforcement of screening requirements if said natural screening substantially conforms to the intent of this bylaw to the satisfaction of said Authority.
b. Street plantings shall be required and consist of grass, low ground covers and/or shrubbery and a staggered row of trees within the twenty-foot (20’) area. Such trees may be planted or retained and if newly planted, shall have a minimum 2 ½ inch trunk diameter (measured three feet above grade) and of a size, species and spacing such as to approximately meet at maturity. Species shall be common to this area and normally reach a mature height of at least thirty feet (30’).
c. The full length of side and rear buffers shall be planted (or retained) with the ground level screening which is at least three feet (3/) in height and which is of a species likely to reach at least five feet (5/) within three (3) years. Additionally, higher screening by trees shall be provided as for street plantings except initial minimum size shall be two inches (2”) in diameter measured as above.
d. Any shrubs planted to meet these requirements shall be at least eighty percent (80%) evergreen and planted trees sixty percent (60%) evergreen.
e. Fencing may be used in conjunction with screening but not in place of it.
f. All plant materials required by this bylaw including retained vegetation shall be maintained in a healthful condition and dead materials replaced at the earliest appropriate season.
A waiver of the said buffer may be granted by the Zoning Board of Appeals by Special Permit in accordance with the requirements set forth in the Zoning By-Law Section VIII D.

4. In this flexible zone, common driveways of not more than twenty (20’) feet in width at any point, serving only two abutting lots may be allowed by Special Permit in accordance with the requirements set forth in the Zoning By-Law Section VIII D.
Site Plan Review

The site plan review process is a tool used by the Board of Appeal to help assure that all structures and uses are developed in a manner that considers community needs.
1. Traffic circulation and pedestrian safety;
2. Architectural and design features, scale of buildings;
3. Integration of development into the existing terrain;
4. Adequacy of water supply and sewage disposal systems;
5. Prevention of groundwater or surface water pollution and  flooding;
6. Demands on town services and infrastructure;
7. Screening or buffering of unsightly uses and
8. Minimize odors, noise, glare, and other environmental impacts.
Within the flexible zone, the requirements of an overlay district
continue to apply. (10/98)

I. FLEXIBLE ZONE/SPECIAL OVERLAY DISTRICT
Beginning At The Intersection of the Center Line Of Main Street And The Westerly Side Line Of High Street, Thence Extending the Westerly Side Line of High Street Southerly to the Existing Agriculture-Recreation Line, Said Line Passing Through The Existing Business & Commercial-Industrial Zone; Thence Continuing Westerly Along the Commercial-Industrial Line and Agriculture-Recreation Line to Angle Point (As Shown On Map 43) 800 Feet South Of the Center Line Of Main Street, Thence Running As Shown On Map 43 Along Commercial - Industrial, Agriculture-Recreation, Residential AA and Business, Crossing Elm Street Along Business/Residential AA to the Commercial - Industrial, Agriculture - Recreation (As Shown On Map 36); Thence Continuing To The Commercial - Industrial And Agriculture-Recreation To A point (As Shown On the North East Corner of Map 37); Thence Continuing From That Point Across Poor Meadow Brook to a Point On Map 37 Of Residence AA And the Commercial - Industrial Zone; Thence Continuing To the East Bridgewater Town Line At Approximately Franklin Street; Thence By the Town Line North Westerly to the Center of Line of Central Street (As Shown On Map 75); Thence North Easterly By The Center Line Of Central Street To The Center Line Of Franklin Street; Thence By The Center Line Of Franklin Street To The Center Line Of Main Street; Thence By The Center Line Of Main Street Crossing Elm Street and Continuing To The Westerly Side Line Of High Street.
Beginning At The Center Line At West Washington Street At The East Bridgewater Town Line Running Along The Town Line to A Point That Is 800 Feet Northerly And Parallel To The Center Line Of West Washington; Thence Running North Easterly Crossing The Conrail And the Shumatuscacant River to Brett’s Brook; Thence Following Brett’s Brook Southerly Until It Meets Residential AA And Commercial-Industrial Zone At A Point, It Being 800 Ft. southerly of And Parallel To West Washington Street; Thence Running South Westerly 800 Ft And Parallel to West Washington Street Crossing Shumatuscacant River And to the Conrail, Continuing 400 Ft. Beyond The Conrail at 800 Ft. and Parallel From The Center Line Of West Washington Street; Thence Running North Westerly 400 Ft and Parallel From The Conrail To A Point That is 250 Feet South Easterly From The Center Line of West Washington Street; Thence South Westerly 250 Ft and Parallel With West Washington Street To A Point; Thence Running North Westerly 250 Ft To The Center Line Of West Washington Street Said Point Is 680 feet North Easterly Of the East Bridgewater Town Line At West Washington Street.
Beginning At The Center Line Of Main Street At The Westerly Side Line Of High Street; Thence Running Westerly By The Center Line Of Main Street By Foster Street, By Phillips Street and Continuing Along The Center Line Of Main Street By Conrail Until Poor Meadow Brook; Thence By The Center Line Of Poor Meadow Brook To A Point That Is 800 Ft And Parallel From The Center Line Of Main Street; Thence Running Parallel 800 Ft. From The Center Line Of Main Street Easterly Crossing The Conrail and to A Point That Is 300 Ft. Westerly From The Easterly Side Line Of Phillips Street; Thence North Westerly In A Line 300 Ft And Parallel To Phillips Street A Distance of 600 Ft; Thence Turning At Right Angles And Running 300 Ft To The Easterly Side Line Of Phillips Street At the Commercial - Industrial/Residential AA Zone; Thence By The Easterly Side Line Of Phillips Street And Running South Easterly Along Phillips Street To A Point Of The Existing Business Zone; Thence South Easterly Along The Existing Business Zone To The Westerly Side Line Of High Street; Thence Southerly By The Westerly Side Line to The Point Of Beginning. (10/98)

J.  ADULT ENTERTAINMENT DISTRICT

1.  Authority

This bylaw is enacted pursuant to M.G.L. Chapter 40A and pursuant to the Town’s authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain adult entertainment uses, as defined and
designated herein, in response to studies demonstrating their deleterious effects.

2.  Purpose

It is the purpose of this Adult Entertainment Bylaw to address and mitigate the secondary effects of the adult entertainment establishments and sexually oriented businesses that are referenced and defined herein.  Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the property values of residential and commercial properties and adverse impacts on the quality of life in the Town.  The Town also relies upon the evidentiary foundation for adverse secondary effects set forth by the United States Supreme Court in Renton v. Playtime Theatres, Inc., 475 U.S. 41 and in Young v. American Min. Theatres, Inc., 427 U.S. 50.  All of said adverse impacts are adverse to the health, safety and general welfare of the Town of Hanson and its inhabitants.  The provisions of this bylaw have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials.  Similarly, it is not the purpose or intent of this bylaw to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitution of the United States or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials.  Neither is the purpose or intent of this bylaw to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.

3.  Adult Entertainment Overlay District

The Adult Entertainment Overlay District is herein established as an overlay district.  A plan entitled “Adult Entertainment Overlay District” prepared by Land Planning, Inc. of Hanson, dated March 13, 2000 is on file in the Planning Board Office delineating this district and is hereby part of this Bylaw.

4.  Definitions

Adult entertainment uses shall include the following uses:

a.  Adult Bookstores, as defined by M.G.L., c. 40A, section 9A;
b.  Adult Motion Picture Theaters, as defined by M.G.L., c. 40 A, section  9A;
c.  Adult Paraphernalia Store, as defined by M.G.L., c. 40A, section 9A;
d.  Adult Video Store, as defined by M.G.L., c. 40A, section 9A;
e.  Establishment Which Displays Live Nudity For Its Patrons, as defined by M.G.L.,
     c. 40A, section 9A.

5.  Adult Entertainment Uses by Special Permit Criteria

Adult entertainment uses shall be prohibited in all zoning districts except as otherwise permitted in this Adult Entertainment Overlay District Bylaw and may be permitted only upon the grant of a special permit by the Zoning Board of Appeals.  Such a special permit shall not be granted unless each of the following standards has been met.

a.  The application for a special permit for an adult entertainment use shall provide the name and address of the legal owner of the establishment, the legal owner of the property, and the manager of the proposed establishment.

b.  No adult entertainment use special permit shall be issued to any person convicted of violating the provisions of M.G.L. Chapter 119, Section 63 or M.G.L. Chapter 272, Section 28.

c.  Adult entertainment uses shall not be located within:
    1.  1,000 feet from the nearest church, school, park, playground, play field, youth
    center or other location where groups of minors regularly congregate; or
   2.  1,000 feet from the nearest establishment licensed under M.G.L. Chapter 138,
   Section 12; or
   3.  500 feet from the nearest adult entertainment use as defined herein; or
   4.  1,000 feet from the nearest residential zoning district.

The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed adult entertainment

use is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any other designated uses set forth above.

d.  All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.

e.  No adult entertainment uses shall be allowed to display for advertisement or other purpose any signs, placards or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any sexually explicit figures or words as defined in M.G.L. Chapter 272, Section 31.

f.  No adult entertainment use shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises.

g.  The proposed adult entertainment use shall comply with all of the parking requirements set forth in the Hanson Zoning Bylaw.

h.  No adult entertainment use shall have a freestanding accessory sign.

i.  No adult entertainment use shall be established prior to the submission and approval of a site plan by the Board of Appeals.  The plan shall be in accordance with Section VI.E. of the Hanson Zoning Bylaw.

6. Conditions

The Zoning Board of Appeals may impose reasonable conditions, safeguards and limitations on time or use of any special permit granted and shall require that any such special permit shall be personal to the applicant, shall not run with the land and shall expire upon sale or transfer of the subject property.

7. Expiration

A special permit to conduct an adult entertainment use shall expire after a period of three calendar years from its date of issuance and shall be automatically renewable for successive three year periods thereafter, provided that a written request for such renewal is made to the Zoning Board of Appeals prior to said expiration and that no objection to said renewal is made and sustained by the Zoning Board of Appeals based upon the public safety factors applied at the time that the original special permit was granted.

8. Severability

The provisions of this section are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect. (5/2000)

SECTION VII
Development of Sites and Location of Buildings and Structures

A. Height Regulation:
1. The height of any building or structure shall not exceed forty feet (40’), as measured in accord with the Hanson Building Code.
2. Limitations of height shall not apply to spires, domes, steeples, radio towers, chimneys, broadcasting and television antennae, bulkheads, cooling towers, ventilators and other appurtenances usually carried above the roof, or to farm buildings, churches, municipal or institutional buildings, provided that, if the use requires a permit, one has been granted.
3. Heights permitted in paragraphs 1 and 2 above shall not exceed the limits permitted in Chapter 756 of the General Laws of 1960 and any more restrictive amendments thereto.

B. Area, Frontage, Yard and Floor Area Requirements:
No building shall be erected unless in conformity with the requirements on the Table following:

Except that:

1. Eaves, sills, steps, cornices, belt cornices, fences, walls or uncovered patios and similar features may project into the specified yards.

and provided that:

2. On a corner lot, in order to provide visibility unobstructed at intersections, no sign, fence, wall, tree, hedge or other vegetation, and no building or other structure more than three feet (3’) above the established street grades, measured from a plane through the curb grades on height of the crown of the street, shall be erected, placed, or maintained within the area formed by the intersecting street lines and a straight line joining said street lines at points which are twenty-five feet (25’) distant from the point of intersection, measured along said street lines.

3. Further, no yard, lot area, or other open space required for a building by this bylaw, shall, during the existence of such building, be occupied by or counted as open space for another such building. No lot area shall be so reduced or diminished so that the yards or other open space shall be smaller than prescribed by this bylaw.

 4. The minimum required frontage may be reduced to forty feet (40’) in a residential district according to the provisions of this section. Back lots with less than the required frontage, commonly known as “hammerhead” or “pork chop” lots, shall be subject to the following requirements:
 a. All setbacks shall be at least fifty feet (50’).
 b. Each hammerhead lot must be serviced by
 its own separate driveway located in
 the access portion of the lot.
 c. the width of the lot between the street
 line and the proposed building setback
  line shall be no less than forty feet
  (40’),which area shall be known as the
  access portion of the lot.
 d. No access portion of another hammerhead lot shall be allowed to abut within  that distance equal to the frontage  requirement of the zoning district of the lots.
 e. One (1) building for residential use shall be permitted and buildings shall comply with maximum percent coverage requirements.
 f. The area of the lot exclusive of the access portion shall be twice that otherwise required in the applicable zoning district.                                    

  g. No more than ten (10) percent of the total number of lots in a definitive subdivision plan may be hammerhead lots, (rounded to the nearest lot). In the case of a definitive subdivision plan of less than ten lots, one (1) hammerhead lot shall be permitted. (10/98)

5. That portion of a lot used as qualifying lot frontage shall be the actual access for that lot for vehicles, water service and other normal uses of lot frontage.

6. A structure containing more than one dwelling unit shall have a minimum floor area of six hundred (600) square feet for each such unit. (10/86)

  C. Accessory Building:
A detached accessory building may be erected in the rear or side yard area at least twenty feet (20’) from the principal building in conformance with the yard requirements of the district in which it is located. An accessory building attached to its principal building shall be subject to the front, side and rear yard requirements applicable to the principal building.

D. Off-Street Parking and Loading Areas:

1. Requirements for off-street parking and loading areas shall be as specified below for specific uses. These requirements shall be met in the case of all new construction, including expansions, additions, or changes of use. Where applicable, such parking areas shall be noted on a required Site Plan under Section VII.F of this By-Law. Where stipulated, “net floor area” shall  mean usable floor space, exclusive of enclosed or   inaccessible floor areas. In applying for a building or occupancy permit, the applicant must demonstrate that the following minimums will be met for the new demand without counting existing parking:
a. Dwellings: Two spaces per dwelling unit, garage space inclusive.
b. Motels, hotels, lodging houses: One space per guest unit plus one additional space per eight guest units or fraction thereof, plus one space for each employee on the largest shift.
c. Retail stores, offices, municipal offices, banks: One space per 150 square feet of net floor area.
d. Motor vehicle service station or repair or body shop: Three spaces for each service bay plus one space per employee on the largest shift.
e. Industrial or wholesale: A minimum of five spaces, plus one space for each 2,000 sq. ft. net floor area for the first 20,000 sq. ft., plus one space for each additional 10,000 sq. ft. on net floor area, plus one space per employee on the largest shift.
f. Places of assembly, restaurants: One space per three seats, or one space per 12 square feet of seating area, whichever is greater.
g. Hospitals: One space per bed.
h. Nursing homes: One space per each two beds, plus one space per employee on the largest shift.
i. Bowling alleys: Four spaces per lane.
j. All others: As determined by the Board of Appeals.
2. Design of Off-Street Parking and Loading Spaces shall meet the requirements specified below:
a. Location:
Required parking shall be either on the same premises as the activity it serves, or on a separate parcel if said parcel is located within 300 feet of the building’s major entrance, and if not separated by a state-numbered highway, and if in a zoning district allowing the activity it serves.
b. Backing:
All parking areas shall be designed and located so that their use does not involve vehicles backing onto a public way. This shall not apply to residential uses.
c. For all required off-street parking spaces, open or enclosed, each 300 square feet of net standing and maneuvering area shall be considered one (1) space. All such parking spaces shall be designed so as to provide a twelve-foot (12’) clear space adjacent to each building. All required parking spaces shall be provided with unobstructed access to and from a street and shall be properly maintained in such a manner as to permit them to be used at all times. All required parking spaces shall be located on the same lot as the use with which such spaces are connected or, in the case of unenclosed spaces, within 200’ of the lot, except that two (2) or more businesses may jointly provide the required spaces on one (1) or more of their lots. The number of spaces in any such joint facilities shall at least equal the total number required under the provisions of this Section for their individual uses.
d. Required off-street parking and loading spaces shall not hereafter be reduced, nor shall one be counted as or substituted for the other.
e. Whenever off-street parking in Business or Commercial-Industrial Districts is required in accordance with Section VII D, there shall be an area at least twenty feet (20’) deep between the street line and the balance of the lot which shall be separated from the street and the balance of the lot by a curb which shall encompass an area that shall be seeded and landscaped except at an access. Such access shall be at least twenty feet (20’) wide and at least 120’ center to center apart, and further provided that there shall be only one (1) access if the street frontage is 200’ or less. If the street frontage is greater, additional accesses may be allowed in the ratio of one (1) such access for each additional 200’ or portion thereof of frontage.
f. Except in the case of parking spaces provided for dwellings, requirements for paving off-street parking and loading areas shall be determined by the Planning Board.
g. Except in the case of parking spaces provided for single-family dwellings, off-  street parking and loading areas used after sundown shall be illuminated with  illumination so arranged so as not to shine directly on abutting properties or on streets.
h. Entrance cuts to be made onto a traveled way shall be designed by the Planning Board after consultation with the State DPW Engineers as required, Police Chief, and Highway Surveyor.
i. For Parking areas of fifteen (15) cars or more, the following requirements shall apply:
1. Parking lots for 15 or more cars shall be screened from any residential use or district which is abutting or separated from it only by a street.  Screening shall be by a four foot  planting strip maintained with densely planted shrubs, or by a fence of not less than four feet in height, and shall be landscaped as required below.
 2. Parking lots for 15 or more cars shall contain or be bordered within 5 feet by at least one tree per 10 cars, trees to be of 2” caliper or larger, and if within the parking area, to be  planted in curbed soil plots allowing not less than 40 square feet of unpaved soil area per tree.
 3. Parking lots for 50 or more cars shall be separated into areas not to contain more than 25 spaces. Parking areas of 25 spaces shall be separated by grass or shrub buffer areas, not less than 10 feet in width.

E. Signs:
1. Non-illuminated signs are permitted in all districts subject to the restrictions of Article XIII of the Town bylaws and as follows:
a. One (1) sign for identification, announcement of professional or home occupations or announcement of membership of an occupant of a dwelling, or announcement of use of any other property, not exceeding three (3) square feet in area.
b. One (1) sign not exceeding twelve (12) square feet in area pertaining to the rent, lease or sale of land or building on which the sign is located except in the case of a corner lot, one (1) such sign for each street.
2. In Business and Commercial-Industrial Districts additional signs are permitted as follows:
a. An announcement sign advertising goods and services available on the premises, or the name of the occupant, attached to the facade of the building, not exceeding thirty-six (36) square feet unless approved with the site plan (see Section VII F), and provided that except for clocks the sign is not oscillating, flashing or operated with movable parts.
b. An identification sign for a business development or industrial park of a size and location approved with the site plan (see Section VII F).
c. One (1) free standing sign for identification, announcement of professional occupation, advertising goods and services available on the premises, not to exceed nine (9) square feet in area, and provided that except for clocks the sign is not  oscillating, flashing or operated with movable parts, and provided that no sign shall be located within twenty feet (20’) of the paved surface of any public or private way. (2/81)

F. Site Plan Review
1. Site Plan Approval by the Zoning Board of Appeals is required in the “Business District, Commercial-Industrial District, or any Residence District, or for any nonresidential or nonagricultural construction or use, including extensions, alterations, or changes to nonconforming nonresidential or nonagricultural structures or uses, and for multi-family dwellings.
Applicants shall submit eight copies of a site plan to the Zoning Board of appeals in accordance with the criteria specified below. The Zoning Board of Appeals shall review and approve, with such conditions as may be deemed appropriate, the site plan within ninety (90) days of its receipt, and notify the applicant of its decision. The decision of the Zoning Board of Appeals shall be upon a majority of those present and shall be in writing. No building permit shall be issued by the Building Inspector without the written approval of the site plan by the Board of Appeals, or unless ninety (90) days lapse from the date of the submittal of the site plan without action by the Board of Appeals. (10/92)
2. Unless waived by the Board of Appeals, in writing, for unusually simple circumstances, plans subject to this section shall show the following:
a. existing and proposed topography at 3-foot contour intervals;
b. water provisions, including fire protection measures;
c. sanitary sewerage;
d. storm drainage, including means of ultimate disposal and calculations to support maintenance of the requirements in the Planning Board’s Subdivision Rules and Regulations;
e. parking and loading spaces, access, and egress provisions;
f. planting, landscaping, and screening;
g. all boundary line information pertaining to the land sufficient to permit location of same on ground, including assessors map and lot number information;
h. location of existing and proposed buildings, with information on gross lot coverage;
i. sufficient information to ensure compliance with all applicable provisions of this Zoning By-Law.
       
3. Site Plan shall be submitted in 24-inch by 36- inch sheets. Plans shall be prepared by a Registered Professional Engineer and a Registered Land Surveyor. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. The Board of Appeals may waive the requirements of this Section VII.F.3 where no exterior change will be made to an existing building.

4. Site Plan approval shall be granted upon determination by the Board of Appeals that the following conditions are complied with. The Board of Appeals may impose reasonable conditions, even at the expense of the applicant, to ensure that the following conditions have been satisfied. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board’s Subdivision Rules and Regulations. New building construction or other site alteration shall be designed in the Site Plan, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, so as to:

a. minimize the volume of cut and fill, the number of removed trees 6” caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution;
b. maximize pedestrian and vehicular safety both on the site and egressing from it;
c. minimize obstruction of scenic views from publicly accessible locations;

d. minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from the public ways or premises residentially used or zoned;
e. minimize glare from headlights through plantings or other screening;
f. minimize lighting intrusion through use of such devices as cut-off luminaires confining direct rays to the site, with fixture mounting not higher than 20 feet;
g. minimize unreasonable departure from the character and scale of building in the vicinity, as viewed from public ways;
h. minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances.

 5. The Board of Appeals may adopt and from time to time amend reasonable regulations for the administration of these Site Plan guidelines.

G. Trailer or Mobil Home:
No area in either a residence or business district shall be occupied or used by a trailer or mobile home for a total time in excess of thirty (30) days during any one calendar year, unless permit for same is issued by the Board of Appeals, such permit to be for a term of not more than one (1) year, and, unless the trailer or mobile home conforms to yard and area requirements as specified for a dwelling in a Residence A District and Board of Health Regulations by adding the following. In the event of natural disaster, such as fire, flood, hurricane, tornado or lightning or similar catastrophe, a Permit may be obtained from the Building Inspector to allow a mobile home on lot affected for a period of not more than twelve (12) months. Such Permit will be subject to Board of Health Regulations and Requirements of the Building Inspector. One extension of six (6) months beyond the initial twelve (12) month period may be granted by the Board of Appeals upon written application of the original petitioner.
(10/76) (10/79) (5/84)

H. Earth Removal:
The removal of earth, including soil, loam, sand, gravel, clay, stone, quarried rock or other sub- surface product, except water, from land in the Town of Hanson is prohibited except as provided in Article XVII of the Town bylaws.

I. Buffer Areas:
1. The intent of a buffer area is to leave in or restore land to its natural state, to preserve or restore vegetation, to maintain or restore natural land contours, to maintain or restore visual screening. Further, the intent is to protect and preserve the value of property in the Town; to preserve and protect the beauty and amenities of the Town; to conserve natural conditions; to secure safety from congestion, traffic and blight; and to promote the general welfare, safety and convenience of the inhabitants of the Town. Said buffer areas are not intended to be used for any purpose than above except a standing sign in conformity with the Hanson Sign Bylaw and for such area at the front of a lot which may be required for access under Section VII D.2.d. Fencing shall be allowed if it is a supplement to and not a replacement of vegetative screening and is erected either at the lot line or at the innermost buffer area line but not within the buffer area.

2. When a Business or Commercial-Industrial zoned lot abuts a lot in a Residence A, Residence AA or Residence B District. A buffer area shall be incorporated as designated below. These buffer areas shall be in conformity with the requirements of a buffer area as stated in paragraph 4.
The entire buffer shall be within the lot in question, but may be entirely or partly within a Residence A, Residence AA or Residence B District if such District is included within the lot confines. Wetlands may be included within the buffer area if they are not disturbed except as may be required by an order or decision of the Hanson Conservation Commission.
a. In the Business zone a thirty-five foot (35’) buffer shall be incorporated.
b. In the Commercial-Industrial District a fifty-foot (50’) buffer shall be  incorporated.

3. Lots in Business or Commercial-Industrial Districts which do not abut Residence A, AA or B Districts shall have minimum buffer areas as follows:
a. At street frontage lines, the buffer area shall be at least twenty feet (20’) in depth as further delineated in Section VII D.2.f.
b. At side and rear lines, the buffer area shall be at least fifteen feet (15’) in depth.

4. Within buffer areas, screening shall be retained or provided as follows:
a. When natural vegetative cover and natural contours have been preserved, the Special Permit Granting Authority may waive, in whole or in part, the strict enforcement of screening requirements if said natural screening substantially conforms to the intent of this bylaw to the satisfaction of said Authority.
b. Street plantings shall be required and consist of grass, low ground covers and/or shrubbery and a staggered row of trees within the twenty-foot (20’) area. Such trees may be planted or retained and if newly planted, shall have a minimum 2 ½ inch trunk diameter (measured three feet above grade) and of a size, species and spacing such as to approximately meet at maturity. Species shall be common to this area and normally reach a mature height of at least thirty feet (30’).
c. The full length of side and rear buffers shall be planted (or retained) with the ground level screening which is at least three feet (3’) in height and which is of a species likely to reach at least five feet (5’) within three (3) years. Additionally, higher screening by trees shall be provided as for street plantings except initial minimum size shall be two inches (2”) in diameter measured as above.
d. Any shrubs planted to meet these requirements shall be at least eighty percent (80%) evergreen and planted trees sixty percent (60%) evergreen.
e. Fencing may be used in conjunction with screening but not in place of it.
f. All plant materials required by this bylaw including retained vegetation shall be maintained in a healthful condition and dead materials replaced at the earliest appropriate season. (10/85)

J. Multiple Principal Structures on a Single Lot
Multiple Principal Structures on a Single Lot. Not more than one (1) principal structure may be placed upon a lot in a Business or Commercial-Industrial District unless a Special Permit is issued by the Zoning Board of Appeals pursuant to Section VIII.D, and the following conditions have been satisfied:
1. the applicant shall submit a Development Plan conforming to the requirements for a preliminary subdivision plan under the Subdivision Rules and Regulations of the Planning Board. Such plan shall indicate the proposed water provision and wastewater disposal method to be utilized on the property.
2. all ways within the property, drainage facilities, and the installation of utilities shall conform to the functional requirements of the Subdivision Rules and Regulations of the Planning Board.
3. major dimensions of any building shall be approximately parallel or perpendicular to one or more nearby streets, if within 100 feet of such street.
4. structures exceeding 3500 gross sq. ft. shall incorporate in their design breaks in wall or rooflines and other architectural features to maintain the appearance of small-scale business facilities.
5. landscaping on developed portions of the lot shall be designed to ensure that buffers between properties are maintained, to provide landscaped areas between buildings on the lot, to minimize the visual effect of the bulk and height of buildings, parking areas, signs or lights, and to minimize the impact of the use of the property on land or water resources.

K.    Personal Wireless Service Facilities
1. Purpose and Intent. It is the express purpose of this bylaw to minimize the visual and environmental impacts of personal wireless service facilities, consistent with the provisions of Section 253 and 704 of the Federal Telecommunications Act of 1996. The Bylaw enables the review and approval of personal wireless service facilities by the Town’s Zoning Board of Appeals in keeping with existing bylaws and historic development patterns. It sets standards which are intended to preserve the safety, character, appearance, property values, natural resources and historic sites of the Town and mitigate any adverse visual effects through proper design, location and screening of structures and to encourage co-location of antennas where feasible in order to minimize the total number of sites required.
2. Scope. Section K  shall apply to all wireless telecommunications antennas and towers and related equipment, fixtures and enclosures, including any modifications to any of the preceding, but shall not apply to fire, police, ambulance and other safety communications antennas, amateur (ham) radio or citizens band radio antennas, or to non-transmitting television antennas.
3. District Regulations. Applications for personal wireless service facilities will only be considered in the Commercial-Industrial zoning district
4. Use Regulations. A personal wireless service facility shall require a building permit in all cases, and may be permitted as follows:
a) A personal wireless service facility may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, or water tower, provided that the installation of the new facility does not increase the height of the existing structure except as provided in Section 6 b) below. Such installations shall not require a Special Permit but shall require site plan approval by the Zoning Board of Appeals.
b) A personal wireless service facility that exceeds the height restrictions of Sections 6 (a-c) may be permitted by Special Permit in the Commercial-Industrial District provided that the proposed facility complies with the height restrictions of Section 6.d), and with all the setback and Special Permit Regulations set forth in sections 6 and 7 of this bylaw.

5. Location. Applicants seeking approval for personal wireless service facilities shall comply with the following:
a) If feasible, personal wireless service facilities shall be located on existing structures, including but not limited to buildings, water towers, existing telecommunications facilities, utility poles and towers and related facilities, except fire towers, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more personal wireless service facilities. The applicant may have the burden of proving that there are no feasible existing structures upon which to locate.
b) If the applicant demonstrates that it is not feasible to locate on an existing structure, personal wireless service facilities shall be designed so as to be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping and placement within trees to create an effective year-round visual buffer.
c) The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a building and/or Special Permit.

6. Dimensional Requirements. personal wireless service facilities shall comply with the following requirements:
a) Height, General. The height of a personal wireless service shall not exceed by more than ten (10) feet the height limits of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney or similar structure. Personal wireless service facilities may locate on a building that is legally non-conforming with respect to height, provided that the facilities do not project above the existing building height.
b) Height, Existing Structures. New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw: Water towers, guyed towers, lattice towers, and monopoles, provided that:
1. Location on existing water towers will be subject to approval of the methods and maintenance procedures required by the Hanson Water Department.
2. There is no increase in height of the existing structure as a result of the installation of a personal wireless service facility.
c) Height, Existing Structure, (Utility).  New antennas located on any of the following existing structures shall be exempt from the height restrictions of this bylaw provided that there is no more than a twenty (20) foot increase in the height of the existing structure as a result of the installation of a personal wireless service facility: electric transmission and distribution towers, telephone poles and similar existing utility structures. This exemption shall not apply in Historic Districts, or within 150 feet of the right-of-way of any scenic roadway.
d) Height, Commercial-Industrial Zoning District. Personal wireless service facilities of up to 150 feet are permitted by Special Permit. These taller structure shall be of non-guyed design, and shall comply with all setback and Special Permit Regulations set forth in this bylaw.
e) Setbacks. All personal wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed:
1.The minimum distance from the base of any ground-mounted personal wireless service facility to any property line, public way, habitable dwelling, shall be three (3) times the height of the facility/mount, including any antennas or other appurtenances.
2.In the event that an existing structure is proposed as a mount for a personal wireless service facility, the setback provisions of the underlying zoning district shall apply.  In the case of pre-existing non-conforming structures, personal wireless service facilities and their equipment shelters shall not increase any non-conformities, except as provided in Section 6.e) 3. below.
3.Flexibility. In reviewing a Special Permit application for a personal wireless service facility, the Zoning Board of Appeals may reduce the setback by as much as 1/3 of the required distance, if it finds that a substantially better design will result from such a reduction. In making such a finding, the Zoning Board of Appeals shall consider both the visual and safety impacts of the proposed use.

Section 7. Special Permit Regulations. All personal wireless service facilities shall comply with the Performance Standards set forth in this section.

Section 8. Design Standards.
A.Visibility/Camouflage. Personal wireless service facilities shall be camouflaged as follows: a buffer of dense tree growth shall surround all ground-mounted equipment shelters which are not camouflaged by existing buildings or structures.
A.1 Camouflage by Existing Buildings or Structures:

1.When a personal wireless service facility extends above the roof height of a building on which it is mounted, every reasonable effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building’s silhouette.
2.Personal wireless service facilities which are side mounted shall blend with the existing building’s architecture and, if over five (5) square feet, shall be painted or shielded with material which is consistent with the design features and materials of the building.

A.2 Color.
1.Personal wireless service facilities, which are side mounted on buildings, shall be painted or constructed of materials to match the color of the building material directly behind them.
2.To the extent that any personal wireless service facilities extend above the height of the vegetation immediately surrounding them, they shall be painted in a light gray or light blue hue which blends with sky and clouds to the extent that such requirements do not violate applicable FAA regulations.

B. Equipment Shelters. Equipment shelters for personal wireless service facilities shall be designed consistent with one of the following design standards:
1.Equipment shelters shall be located in underground vaults; or
2.Equipment shelters shall be designed to be consistent with the architectural styles, materials and roof design typical of the district in which the facility is located.
3.Equipment shelters shall be camouflaged behind an effective year-round landscape buffer and/or wooden fence, equal to the height of the proposed building. The Zoning Board of Appeals shall determine the style of fencing and/or landscape buffer that is compatible with the area.

C. Lighting and Signs
1.Personal wireless service facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the property to be developed, and foot-candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade.
2.Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All such signs shall comply with the requirements of the bylaw.

D. Historic Buildings and Districts

1.Any personal wireless service facilities located on or within an historic structure shall not alter the character-defining features, distinctive construction methods or original historic materials of the building.
2.Any alteration made to an historic structure to accommodate a personal wireless service facility shall be fully reversible.
3.Personal wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district.

E. Scenic Landscapes and Vistas
1.Equipment shelters shall not be located within open areas that are visible from public roads or residential development. As required in Section 8.A, a buffer of dense tree growth shall surround all ground-mounted equipment shelters, which are not camouflaged by existing buildings or structures.
2.Any personal wireless service facility that is located within 300 feet of a scenic vista, scenic landscape or scenic road as designated by the Town shall not exceed the height of vegetation at the proposed location. If the facility is located farther than 300 feet from the scenic vista, scenic landscape or scenic road, the height regulations described elsewhere in this bylaw will apply.

Section 9. Environmental Standards

a) Personal wireless service facilities shall not be located in wetlands. Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized.
b) No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on site.
c) Storm water run-off shall be contained on-site.
d) Ground-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 dB at the property line.
e) Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50dB at ground level at the base of building closest to the antenna.

Section 10. Safety Standards
a) Radio Frequency Radiation (RFR) Standards. All equipment proposed for a personal wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation.
b) A security barrier shall surround all ground mounted personal wireless service facilities.

Section 11. Application Procedures.

Section 12. Special Permit Granting Authority.
The Special Permit Granting Authority for personal wireless service facilities shall be the Zoning Board of Appeals (ZBA).

Section 13. Application Filing Requirements.
The following shall be included with an application for a Special Permit for all personal wireless service facilities.

A. General Filing Requirements
1.Name, address and telephone number of applicants and any co-applicants as well as any agents for the applicants or co-applicants.
2.Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the personal wireless service facility.
3.A licensed carrier shall either be an applicant or a co-applicant.
4.Original signatures for the applicant and all co-applicants applying for the Special Permit. If the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant. Photo reproductions of signatures will not be accepted.

B. Location Filing Requirements
1.Identify the subject property by including the Town as well as the name of the locality, name of the nearest roads or roads and street address, if any.
2.Tax map and parcel number of subject property.
3.Zoning district designation for the subject parcel.
4.A line map to scale showing the lot lines of the subject property and the location of all buildings, including accessory structures, on all properties shown within 300 feet of the proposed wireless service facility.
5.The proposed locations of all existing and future personal wireless service facilities in the Town on a Town-wide map for this carrier.

C. Siting filing Requirements

C.1 A one-inch-equals 40 feet vicinity plan showing the following:
1.Property lines for the subject property.
2.Property lines of all properties adjacent to the subject property within 300 feet of the property line.
3.Tree cover on the subject property and adjacent properties within 300 feet of the proposed wireless service facility, by dominant species and average height, as measured by or available from a verifiable source.
4.Outline of all existing buildings, including purpose (e.g. residential building, garages, accessory structure, etc.) on subject property and all adjacent properties within 300 feet of the proposed wireless facility.
5.Proposed location of antenna, mount and equipment shelter(s).
6.Proposed security barrier, indicating type and extent as well as point of controlled entry.
7.Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet of the proposed wireless service facility, including driveways proposed to serve the personal wireless service facility.
8.Distances, at grade, from the proposed personal wireless service facility to each building on the vicinity plan.
9.Contours at each two feet AMSL for the subject property and adjacent properties within 300 feet of the property line.
10.All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
11.Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless service facility.
12.Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed from Sight Lines subsection below).

C.2 Sight lines and photographs as described below:
1.Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet, to the highest point (visible point) of the personal wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one residential building within 300 feet, there shall be at least two (2) sight lines from the closest habitable structures or public roads, if any.
2.Existing (before condition) photographs. Each sight line shall be illustrated by one four (4) inch by six (6) inch color photograph, of what can currently be seen from any public road within 300 feet of the proposed wireless service facility.
3.Proposed (after condition) photographs. Each of the existing condition photographs shall have the proposed personal wireless service facility superimposed on it to show what will be seen from public roads if the proposed personal wireless service facility is built.

C.3 Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed personal wireless service facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one-foot scale and show the following:
1.Antennas, mounts, and equipment shelter(s), with total elevation dimensions and AGL of the highest point.
2.Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.
3.Any and all structures on the subject property.
4.Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.
5.Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.

D. Design Filing Requirements
1.Equipment brochures for the proposed personal wireless service facility such as manufacturer’s specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as runs and security barrier, if any.
2.Materials of the proposed personal wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
3.Colors of the proposed personal wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any,
4.Dimensions of the personal wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
5.Appearance shown by at least two (2) photographic superimposed of the personal wireless service facility within the subject property. The photographic superimpose shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. for the total height, width and breadth.
6.Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
7.Within 21 days of filing an application for a Special Permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 14 days, but not more than 21 days prior to the test.
8.If lighting of the site is proposed, the applicant shall submit a manufacturer’s computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five (25) feet beyond the property lines. The printout shall indicate the locations and types of luminous proposed.

E. Noise Filing Requirements. The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed personal wireless service facilities, measured in decibels (logarithmic scale, accounting for greater sensitivity at night), for the following:
1.Existing or ambient: the measurements of existing noise.
2.Existing plus proposed personal wireless service facilities: maximum estimate of noise from the proposed personal wireless service facility plus the existing noise environment.
Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of the bylaw.

F. Radio Frequency Radiation (RFR) Filing Requirements. The applicant shall provide a statement listing the existing and maximum future projected measurements of RFR from the proposed personal wireless service facility, for the following situations:
1.Existing or ambient: the measurements of existing RFR.
2.Existing plus proposed personal wireless service facilities estimate of the maximum of RFR from the proposed personal wireless service facility plus the existing RFR environment.
3.Certification signed by an RF engineer stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radio Frequency Radiation Standards subsection of this bylaw.
4.The applicant is required to certify that it has complied with all other requirements of the FCC and FAA.
G. Federal Environmental Filing Requirements

G.1 The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. The FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CRF Ch administers NEPA. 1). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any personal wireless service facility proposed in or involving any of the following:
a) Wilderness areas
b) Wildlife preserves
c) Endangered species habitat
d) Historical site
e) Indian religious site
f) Flood Plain
g) Wetlands
h) High intensity whit lights in residential areas
i) Excessive radio frequency radiation exposure

G.2 At the time of application filing, an EA that meets FCC requirements shall be submitted to the Town for each personal wireless service facility site that requires such an EA to be submitted to the FCC.

G.3 The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the personal wireless service facility that are considered hazardous by the federal, state or local government.

H. The Zoning Board of Appeals (ZBA) may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility.

Section 14. Co-location.
Section 14.1. Licensed carriers shall share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for a Special Permit for a personal wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
a) A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;
b) Contact with all the other licensed carriers for commercial mobile radio services operating in the Town; and
c) Providing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.

Section 14.2 In the event that co-location is found to be not feasible, a written statement of the reasons shall be submitted to the Town. The Town may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Town may deny a Special Permit to an applicant that has not demonstrated a good faith effort to provide for co-location.

Section 14.3 If the applicant does not intend to co-locate or to permit co-location, the Town shall request drawings and studies which show the ultimate appearance and operation of the personal wireless service facility at full buildout.

Section 14.4 If the Zoning Board of Appeals (ZBA) approves co-location for a personal wireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the Special Permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved Special Permit shall require a new Special Permit.

Section 14.5 Estimates of RFR emissions will be required for all facilities, including proposed and future facilities.

Section 15. Modifications. A modification of a personal wireless service facility may be considered equivalent to an application for a new personal wireless service facility and require a Special Permit when the following events apply:
a) The applicant and/or co-applicant wants to alter the terms of the Special Permit by changing the personal wireless service facility in one or more of the following ways:
1.Change in the number of facilities permitted on the site.
2.Change in technology used for the personal wireless service facility.
3.Additional equipment shelter.
b) If the applicant and/or co-applicant would like to add any equipment or additional height not specified in the original design filing.

Section 16. Monitoring and Maintenance
Section 16.1 Within 90 days of the beginning of operations, and annually thereafter, the applicant shall submit measurements of RFR from the personal wireless service facility and copies to be submitted to the Town of Hanson. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radio Frequency Standards section of this bylaw.

Section 16.2 The applicant and co-applicants shall maintain the personal wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer areas and landscaping.

Section 17. Abandonment or Discontinuation of Use
Section 17.1 At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the personal wireless service facility shall be considered abandoned upon such discontinuation of operations.

Section 17.2 upon abandonment or discontinuation of use, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. Physically remove shall include, but not be limited to:
a) Removal of antennas, mounts and equipment shelters and security barriers from the subject property.
       b) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
c) Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after condition.
Section 17.3 If a carrier fails to remove a personal wireless service facility in accordance with this section of this bylaw, the Town shall have the authority to enter the subject property and physically remove the facility. The Zoning Board of Appeals (ZBA) shall require the applicant to post a bond at the time of construction to cover costs for removal of the personal wireless service facility in the event the Town must remove the facility.
Section 18. Reconstruction or Replacement of Existing Towers and Monopoles.
Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of this bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided that the Zoning Board of Appeals (ZBA) finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the existing structure. In making such a determination, the ZBA shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. No reconstruction, alteration, extension or replacement shall exceed the height of the existing facility by more than twenty (20) feet not to exceed the 150 feet permitted in Section 6. (d).

Section 18.1 The Zoning Board of Appeals will need to justify any decision not to grant a permit, in writing.

Section 18.2 Term of Special Permit. A Special Permit issued for any personal wireless service facility over fifty (50) feet in height shall be valid for twenty (20) years. At the end of that time period, the personal wireless service facility shall be removed by the carrier or a new Special Permit shall be required.

Section 18.3 No towers shall be constructed closer than 5,280 feet (one mile) to another existing tower.

DEFINITIONS
ABOVE GROUND LEVEL (AGL) - A measurement of height from the natural grade of a site to the highest point of a structure.
ANTENNA - The surface from which wireless radio signals are sent and received by a personal wireless service facility.
CAMOUFLAGED - A personal wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered “camouflaged.”
CARRIER - A company that provides wireless services.
CO-LOCATION - The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.
CROSS-POLARIZED (OR DUAL-POLARIZED) ANTENNA - A low mount that has three panels, flush mounted or attached very close to the shaft.
ELEVATION (AMSL) - The measurement of height above sea level.
ENVIRONMENTAL ASSESSMENT (EA) - An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.
EQUIPMENT SHELTER - An enclosed structure, cabinet, shed, or box at the base of the mount within which are housed batteries and electrical equipment.
FALL ZONE - The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
FUNCTIONALLY EQUIVALENT SERVICES - Cellular, Personal Communication Services (PCS), Enhanced Special Mobile Radio, Specialized Mobile Radio and Paging.
GUYED TOWER - A monopole or lattice tower that is tied to the Ground or other surface by diagonal cables.
LATTICE TOWER - A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
LICENSED CARRIER - A company authorized by the FCC to construct and operate a commercial mobile radio services system.
MONOPOLE - The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOUNT - The structure or surface upon which antennas are mounted, including the following four types of mounts:
1. Roof Mounted - Mounted on the roof of a building
2. Side Mounted - Mounted on the side of a building
3. Ground Mounted - Mounted on the ground
4. Structure Mounted - Mounted on a structure other than a building

OMNIDIRECTIONAL (WHIP) ANTENNA - A thin rod that beams and receives a signal in all directions.
PANEL ANTENNA - A flat surface antenna usually developed in multiples.
PERSONAL WIRELESS SERVICE FACILITY - Facility for the provision of personal wireless services, as defined by the Telecommunications Act.
PERSONAL WIRELESS SERVICES - The three types of services regulated by this bylaw.
RADIO FREQUENCY (RF) ENGINEER - An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
RADIO FREQUENCY RADIATION (RFR) - The emissions from personal wireless service facilities.
SECURITY BARRIER - A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SEPARATION - The distance between one carrier’s array of antennas and another carrier’s array of antennas.
(10/98)

SECTION VIII

Administration
The provisions of this bylaw and any amendments thereto shall be administered and enforced by the Building Inspector.
A. Building Permits:
1. No construction for a building or structure except for construction of uncovered patios, terraces, fences and driveways shall be started, and no building or structure shall be erected, moved or added to until a building permit for the proposed work or addition shall be applied for and granted.
2. No permit shall be granted for the construction, alteration, relocation or use of any building, structure or premises in violation of any provisions of this bylaw. Whenever any permit or license is refused because of some provision of this bylaw, the reason therefore shall be clearly stated in writing.
3. An application for a building permit for a new or altered use of land or of a structure, or for construction, addition, reconstruction or relocation of a building shall be made by the owner or his agent, in writing, on a form approved by the Building Inspector and shall be accompanied by two (2) copies of a plot plan showing the site and size and shape of the lot, the names of the owners of record, the exact location of existing streets and buildings or structures, and proposed buildings, structures or additions thereto. The Building Inspector shall send one (1) copy of the plot plan to the Planning Board.
a) Foundation Certification: All new foundations, footings, or piers require a foundation as-built plan by registered professional engineer or registered land surveyor indicating that placement and elevation comply with the building permit plan. This must be done after the foundation is poured. No further construction will be allowed until foundation as-built plans have been approved by the Building Inspector. (5/92)
4. A building permit shall become void unless construction is commenced within six (6) months of the date of issue, unless such time shall have been extended by the Building Inspector in writing, except as provided in Section 11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts. (4/79)
5. A record of application herein referred to, and the action taken thereon, shall be kept on file in the Town offices.
6. The Building Inspector shall issue the building permit only after he as viewed the premises and determined that the contemplated use, change, construction or addition would not be in violation of the Hanson bylaws. After issuance of the building permit the Building Inspector shall make at least one (1) inspection while the work of construction is in progress to ascertain that there is no violation of the said bylaws as a result of any changes or deviation made during the period of construction. Upon completion of the construction, additions, or change of use for which the permit was originally granted and before occupancy by the owner, his agents, servants, tenants, lessees or assigns, the Building Inspector shall make a final inspection to determine if the completed construction, addition or change in use conforms to the permit and is not in violation of the said bylaws.
7. The fee required for a building permit shall be that established by the Selectmen.
8. Any person aggrieved by the inability to obtain a permit, or by any order or decision of the Building Inspector or other administrative official shall file a written appeal with the Board of Appeals not later than thirty (30) days after the order of decision causing the grievance or the refusal to issue such permit. Such appeals shall be subject to a fee specified in the Board of Appeals Rules and Regulations or as posted with the Town Clerk. (10/86)

B. Occupancy Permits:

No building hereafter erected or relocated shall be used, and no change shall be made of the use of any building or of any parcel of land, unless an occupancy permit signed by the Building Inspector has been granted to the owner of proposed occupant of such land or building. Such permit shall not be granted unless the proposed use of the land or building and all necessary uses comply in all respects with this bylaw, and no use shall be made of such land or building except the use or uses authorized by such occupancy permit.

C. Violations and Enforcement:
1. Violation shall be determined by the Building Inspector by an investigation of the fact and inspection of the premises, after which he shall give notice thereof in writing to the owner or to his duly authorized agent, and to the occupant of the premises, and shall order that any uses of any premises contrary to the provisions of this bylaw shall immediately cease.
2. Any person violating any provision of this bylaw, any of the conditions under which a permit is issued, or any decision rendered by the Board of Appeals, may be fined not more than two hundred dollars ($200.00) per day for each offense. Each day that such violation continues shall constitute a separate offense. (10/86)
3. In addition to the penalty provided in paragraph 2 above, the Building Inspector with the approval of the Board of Selectmen may institute appropriate legal proceedings to enforce the provisions of this bylaw or to restrain by injunction any violation thereof, or both.
4. In addition, this Zoning By-Law may, in the discretion of the Town official who is the designated enforcing person, be enforced by way of the method provided in Section 21D of Chapter 40 of the General Laws. Enforcing person as used in the Section shall mean the Zoning Enforcement Officer or his designated representative in the Town of Hanson.

ZONING VIOLATION FINES SHALL BE AS FOLLOWS:
Written Warning                                          $ 0.00
First Offense                                                     50.00
Second Offense                                          100.00
Third Offense and Each Subsequent Offense.              200.00

Each day such violation continues shall constitute a separate offense. (10/89)

D. Special Permits
1. Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority.
2. Public Hearings. Special Permits shall only be issued following public hearings held within sixty-five (65) days after filing an application with the Special Permit Granting Authority, a copy of which shall forthwith be given to the Town Clerk by the applicant.
3. Criteria. Special Permits shall be granted by the Special Permit Granting Authority, unless other specified herein, only upon its written determination that the proposed use will not have adverse effects on either the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. The determination shall include consideration of each of the following:
a) Social, economic, or community needs which are served by the proposal;
b) Traffic flow and safety;
c) Adequacy of utilities and other public services;
d) Neighborhood character and social structures;
e) Impacts of the natural environment;
f) Potential fiscal impact.

4. Development Plan. Where, in the opinion of the Special Permit Granting Authority, such information would assist in the review of a Special Permit application, the Special Permit Granting Authority may require the applicant to submit a Development Plan in conformance with the requirements of Sections VII.F.2 and VII.F.3.
5. Conditions. Special Permits may be granted with such reasonable conditions, safeguards, or limitations on time or use as the Special Permit Granting Authority may deem necessary to serve the purposes of this By-Law.
6. Expiration. Special Permits shall lapse 24 months following Special Permit approval (plus such time required to pursue or await the determination of an appeal referred to in M.G.L.A. ch. 40A, s. 17, from the grant thereof) if a substantial use thereof or construction


SECTION IX
Board of Appeals

A. Establishment.
There is hereby established a Board of Appeals which shall consist of three members, each appointed by the Board of Selectmen for a term of three (3) years, provided that only one (1) term shall expire each year; there shall also be three (3) associate members, each appointed by the Board of Selectmen for a term of three (3) years, provided that only one (1) term shall expire each year, to serve on said Board of Appeals in case of a vacancy, the inability to act, the absence, or personal interest on the part of a member. The Board of Appeals shall act in all matters under this By-Law in the manner prescribed in M.G.L.A. ch 40A.  All members and associate members shall be residents of the Town of Hanson.

B. Powers.
The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by this By-Law. The Board’s powers are as follows:
1. To hear and decide applications for Special Permits upon which the Board is empowered to act in this By-Law, in accordance with the provisions of Section VIII.D.
2. To hear and decide appeals or petitions for variances from the terms of this By-Law, with respect to particular land or structures. Such variance shall be granted, pursuant to M.G.L.A. ch. 40A, s. 10, as may be amended, only in cases where the Board of Appeals finds all of the following:
a) A literal enforcement of the provisions of this By-Law would involve a substantial hardship, financial, or otherwise, to the petitioner or applicant.
b) The hardship is owing to circumstances relating to the soil conditions, shape, or topography of such land or structures, and especially affecting such land or structures but not affecting generally the zoning district in which it is located.
c) Desirable relief may be granted without either:
(1) substantial detriment to the public good; or
(2) nullifying or substantially  derogating from the intent or purpose of this By-Law.
d) The Board of Appeals shall not grant use variances in any district
of the Town. (5/84)
3. To hear and Decide Other Appeals. Other appeals will also be heard and decided by the Board of Appeals when taken by:
a) Any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of M.G.L.A. ch. 40A; or by
b) The Regional Planning Agency; or by
c) any person including any officer or Board of the Town of Hanson, or of any abutting town, if aggrieved by any order or decision of the Building Inspector or other administrative official, in violation of any provision of M.G.L.A. ch. 40A, or this By-Law.
4. To Issue Comprehensive Permits. Comprehensive Permits for construction may be issued by the Board of Appeals for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, upon the Board’s determination that such construction would be consistent with local needs, whether or not consistent with local zoning, building, health, or subdivision requirements, as authorized under M.G.L.A. ch. 40B.
5. To hear and decide appeals under the Commonwealth of Massachusetts State Building Code, as provided under Section 126 of that Code.

C. Public Hearings

The Board of Appeals shall hold public hearings in accordance with the provisions of the General Laws, with regard to all appeals and petitions brought before it.
D. Rules of the Board:
1. The Board of Appeals shall adopt such rules of procedure and exercise such powers and duties as are consistent with Chapter 40A of the General Laws, as may be from time to time amended. Said rules of procedure shall include provisions for submission of petition in writing, for advertising and holding hearings, for keeping records of proceedings, for recording the vote of each member upon each question, for setting forth the reason or reasons for each decision, and for notifying the parties at interest, including the Building Inspector and the Planning Board, as to each decision. The powers and duties of the Board of Appeals shall include the power of determining action in the cases set forth in this bylaw.
2. The Board shall cause a detailed record to be made of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons for its decision, and of its other officers’ actions, copies of all of which shall be immediately filed in the office of the Town Clerk and shall be a public record. Notice of decisions shall be mailed forthwith to parties in interest as designated in Section 17 of Chapter 40A, to the Planning Board, and to every person present at the hearing who requests that notice be sent to him and states the address to which such notice is to be sent.

SECTION X
Amendment
This bylaw and its map may be amended in accordance with the procedures described in G.L. Ch. 40A, Section as amended, by the submission to the Board of Selectmen, Planning Board, Board of Appeals, an individual owning land to be affected by said amendment, or by citizen’s petition pursuant to G.L. Ch. 39, Section 10, provided that the applicant, if other than a Town Board or Committee, shall prior to a public hearing by the Planning Board,


SECTION XI
Validity
Where this bylaw imposes a greater restriction upon the use, height and the area of structures or the use of premises than is imposed by other bylaws, the provisions of this bylaw shall control. The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.


 
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