Town of Hanson, MA - Zoning By-Laws of the Town of Hanson

UNOFFICIAL COPY OF THE HANSON ZONING BYLAWS

Zoning Bylaw Contents

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

G. Trailer or Mobile Home

J. Multiple Principal Structures on a Single Lot

K. Personal Wireless Service Facilities (10/98)

SECTION VIII Administration

B. Occupancy Permits

C. Violations and Enforcement

SECTION IX Board of Appeals

D. Rules of the Board

Table of Dimensional Requirements

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

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.

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.

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.

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.

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.

Covered space for the housing of motor vehicles, but not for rental of more than two stalls or for commercial repair or commercial storage.

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.

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.

A lot with frontage on two (2) or more streets at the intersection of such streets.

A private organization, building or grounds, to include specifically country clubs and fraternities and other organizations to which membership is limited or controlled.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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)

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.

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.

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.

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: