WE3658-Final Draft Feb 2020

v Final Draft, Feb 2020

TABLE OF CONTENTS

DIVISION 1: GENERAL BYLAWS

PART I: ADMINISTRATIVE BYLAWS 1. General Provisions ........................................................................................................... 1:1

Article I Enforcement and Penalties Article II Noncriminal Disposition of Certain Violations Article III Administration of Fines for Certain Violations

5. Administration of Government ........................................................................................ 5:1

26. Financial Affairs ............................................................................................................ 26:1

58. Personnel ........................................................................................................................ 58:1 Article I Holiday Leave Article II Personnel Policies

67. Revolving Funds ............................................................................................................ 67:1

PART II: REGULATORY BYLAWS

90. Alarm Systems ............................................................................................................... 90:1

94. Alcoholic Beverages ...................................................................................................... 94:1

100. Animals ........................................................................................................................ 100:1 Article I Animal Control Article II Animal Control Officer Fees

133. Earth Removal ............................................................................................................. 133:1

144. Firearms, Hunting and Trapping .................................................................................. 144:1

148. Fire Prevention ............................................................................................................. 148:1 Article I Smoke and Carbon Monoxide Detectors and Sprinkler Systems Article II Fire Lanes

155. Historic Preservation .................................................................................................... 155:1

157. House Numbers............................................................................................................ 157:1

165. Junk, Old Metals and Secondhand Articles ................................................................. 165:1

174. Licenses and Permits ................................................................................................... 174:1

186. Pleasant Pond ............................................................................................................... 186:1

189. Police Department........................................................................................................ 189:1 Article I Soliciting and Canvassing Article II Civil Fingerprinting

210. Stormwater Management ............................................................................................. 210:1

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215. Streets and Sidewalks .................................................................................................. 215:1 Article I General Use Regulations Article II Repair of Private Ways

236. Vehicles and Traffic ..................................................................................................... 236:1 Article I Unregistered Motor Vehicles Article II Use of Motor Vehicles, Snow Vehicles and Recreation Vehicles

242. Water Resources Protection ......................................................................................... 242:1

246. Water Use Restriction .................................................................................................. 246:1

DIVISION 2: ZONING BYLAW 255. Zoning .......................................................................................................................... 255:1

DIVISION 3: PLANNING BOARD 300. Subdivision of Land ..................................................................................................... 300:1

DIVISION 4: ZONING BOARD OF APPEALS 400. Administrative Rules and Regulations......................................................................... 400:1

404. Comprehensive Permit Rules and Regulations ............................................................ 404:1

DIVISION 5: CONSERVATION COMMISSION 500. Water Resources Protection Regulations ..................................................................... 500:1

APPENDIX A800. Local Options ............................................................................................................ A800:1

A801. Special Acts and Resolves ........................................................................................ A801:1

DERIVATION TABLE

DISPOSITION LIST

INDEX

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DIVISION 1

GENERAL

BYLAWS

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PART I

ADMINISTRATIVE

BYLAWS

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Chapter 1

GENERAL PROVISIONS

ARTICLE IEnforcement and Penalties

§ 1-1. General penalty.

§ 1-2. Enforcement through noncriminaldisposition.

ARTICLE IINoncriminal Disposition of Certain

Violations

§ 1-3. Authority.

§ 1-4. Enforcement.

§ 1-5. Violations and penalties.

§ 1-6. Applicable bylaws, rules orregulations.

ARTICLE IIIAdministration of Fines for Certain

Violations

§ 1-7. Procedures adopted.

§ 1-8. Hearing officer.

§ 1-9. Bylaws and regulations subject toprocedures.

§ 1-10. Other remedies.

§ 1-11. Severability.

[HISTORY: Adopted by the Town Meeting of the Town of Wenham as indicated inarticle histories. Amendments noted where applicable.

ARTICLE IEnforcement and Penalties

[Adopted 3-5-1945 (former Ch. VIII); amended in its entirety 4-6-2019 ATM by Art. 17]

§ 1-1. General penalty.

A. These bylaws may be enforced by any means available in law or in equity, includingbut not limited to enforcement by criminal indictment or on complaint before theDistrict Court pursuant to MGL c. 40, § 21, or by noncriminal disposition pursuant toMGL c. 40, § 21D. If enforced by criminal indictment or on complaint before theDistrict Court, a fine of up to $300 may be imposed for each violation.

B. The election of one remedy shall not preclude enforcement through any other lawfulmeans. Each day that a violation exists shall constitute a separate offense.

§ 1-2. Enforcement through noncriminal disposition.

A. Any general or zoning bylaw of the Town of Wenham, or rule or regulation of itsofficers, boards or departments adopted at a public meeting for which notice is postedon the Town website for a period of not less than one week prior to such publicmeeting, may, in the discretion of the Town official who is the appropriate enforcingperson, be enforced through noncriminal disposition as provided in MGL c. 40, § 21D.The specific penalty for purposes of noncriminal disposition for each such violation, if

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not otherwise specified in the bylaw, rule or regulation, shall be as follows, with eachday a violation exists constituting a separate violation for purposes of this bylaw:

(1) First violation: warning.

(2) Second violation: $50.

(3) Third violation: $100.

(4) Fourth and subsequent violations: $300.

B. The term "enforcing person" as used in this bylaw shall mean: any Town of Wenhampolice officer with respect to any offense, as well as the Fire Chief, TownAdministrator, Building Inspector, Zoning Enforcement Officer, ConservationCommission or its agent, Board of Health or its agent, Sealer of Weights and Measures,Code Enforcement Officer, Water Superintendent, and their designees, and such otherofficials as the Board of Selectmen may from time to time designate, each with respectto violation of bylaws, rules and regulations within their respective jurisdictions. Ifmore than one official has jurisdiction in a given case, any such official may be anenforcing person with respect thereto.

ARTICLE IINoncriminal Disposition of Certain Violations

[Adopted 5-4-1991 (former Ch. XIX); amended 5-6-2006]

§ 1-3. Authority.

In accordance with the provisions of MGL c. 40, § 21D, as amended, certain violations of thefollowing listed bylaws, rules, and/or regulations of Town officials, boards and departmentsmay be enforced pursuant to said § 21D, as an alternative to initiating criminal proceedings.


Noncriminal disposition, when implemented, shall be enforced by the person(s) so designatedin § 1-6 below. The procedures shall be in accordance with MGL c. 40, § 21D.


The specific penalties for violations of the applicable bylaws, rules and regulations shall be aslisted in § 1-6 below.

§ 1-6. Applicable bylaws, rules or regulations.

A. Zoning Bylaw. Notwithstanding the enforcement and penalties prescribed in Chapter255, Zoning, § 255-13.1F, and MGL c. 40A, the provisions of said bylaw may beenforced by the Building Inspector by noncriminal complaint. Each day of violationshall constitute a separate offense. The penalty for violation(s) shall be as follows:

(1) First offense: warning.

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GENERAL PROVISIONS


§ 1-9§ 1-6

(2) Second offense: $25.

(3) Third offense: $50.

(4) Fourth offense and each subsequent offense: $100.

B. Water Resources Protection Bylaw. In addition to the enforcement and penaltiesprescribed in the Wenham Water Resources Protection Bylaw, § 242-11, the provisionsof said bylaw may be enforced by the Conservation Commission, its agents, includingthe Conservation Commission Coordinator, officers, and employees by noncriminalcomplaint. Each day of the violation shall constitute a separate offense. The penalty forviolation(s) shall be as follows:

Offense Buffer Zone Wetland ResourceNon-compliance/

COC

1st offense Warning Warning Warning

2nd offense $50 $100 $200

3rd offense $200 $200 $300

4th offense $300 $300 $300

ARTICLE IIIAdministration of Fines for Certain Violations

[Adopted 4-23-2018 ATM by Art. 30 (former Ch. XXIX)]

§ 1-7. Procedures adopted.

The procedures for the payment and collection of unpaid municipal fines, as set forth inMGL c. 40U, are hereby adopted.

§ 1-8. Hearing officer.

The Board of Selectmen shall appoint a municipal hearing officer to conduct hearings ofalleged violations of the bylaws and regulations specified in this article.

§ 1-9. Bylaws and regulations subject to procedures.

The following bylaws and regulations and the specified penalties attached thereto shall beincluded within the procedure established under this article. Each day a violation iscommitted or permitted to continue shall constitute a separate offense and may be penalizedas such hereunder:

Bylaw or Regulation Subject Penalty

Chapter 246 Water Use Restrictions $50 (first offense), $100(subsequent offenses)

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§ 1-10. Other remedies.

Notwithstanding the provisions of this bylaw, the Town may enforce its Bylaws andregulations or enjoin violations thereof through any lawful process, including but not limitedto through noncriminal disposition as set forth in Article II of this chapter, and the election ofone remedy by the Town shall not preclude enforcement through any other lawful means.


The invalidity of any section, provision, paragraph, sentence, or clause of this bylaw shall notinvalidate any other section, provision, paragraph, sentence, or clause thereof, nor shall itinvalidate any permit or determination that previously has been issued.

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Chapter 5

ADMINISTRATION OF GOVERNMENT

ARTICLE ITown Meetings

§ 5-1. Quorum.

§ 5-2. Warrant.

§ 5-3. Date of Annual Town Meeting.

§ 5-4. Motions.

§ 5-5. Declaration of vote.

ARTICLE IIElected Officials

§ 5-6. Board of Selectmen.

§ 5-7. Moderator.

§ 5-8. Town Clerk.

§ 5-9. Board of Assessors.

§ 5-10. Planning Board.

§ 5-11. Board of Health.

§ 5-12. Joint Board of Library Trustees(Hamilton-Wenham JointLibrary).

§ 5-13. Board of Water Commissioners.

§ 5-14. Wenham Housing Authority.

§ 5-15. Hamilton-Wenham RegionalSchool District SchoolCommittee.

ARTICLE IIIAppointed Officials

§ 5-16. Town Accountant powers andduties.

§ 5-17. Treasurer/Collector powers andduties.

§ 5-18. Town Counsel powers andduties.

§ 5-19. Town Administrator powers andduties.

§ 5-20. Finance and AdvisoryCommittee.

§ 5-21. Board of Registrars of Voters.

§ 5-22. Zoning Board of Appeals.

§ 5-23. Police Department and PoliceChief.

§ 5-24. Fire Department and FireChief.

§ 5-25. Cemetery Commissioners.

§ 5-26. Tree Warden andSuperintendent of Moth Work.

§ 5-27. Conservation Commission.

§ 5-28. Director of Public Works.

§ 5-29. Historic District Commission/Historical Commission.

§ 5-30. Council on Aging.

§ 5-31. Wenham Issues of SocialService and Housing (WISSH).

§ 5-32. Iron Rail Commission.

§ 5-33. Wenham Affordable HousingTrust.

§ 5-34. Community PreservationCommittee.

§ 5-35. Residency requirement formembers of appointed multiple-member bodies.

ARTICLE IVRegional Districts, Joint Agreements and

Representatives on State or RegionalEntities

§ 5-36. Information filed with TownClerk.

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[Adopted by the Town Meeting of the Town of Wenham (adoption pending).Amendments noted where applicable.]

ARTICLE ITown Meetings

§ 5-1. Quorum.

One hundred twenty registered voters shall constitute a quorum for the Annual Town Meetingand any Special Town Meeting, provided that a number less than a quorum may from time totime adjourn the same. This section shall not apply to such parts of meetings as are devotedto the election of Town officers.

§ 5-2. Warrant.

The warrant for every Town Meeting shall be posted on the Town website, at Town Hall andin other public facilities.

§ 5-3. Date of Annual Town Meeting.

The Annual Town Meeting shall be held on the first Saturday in April of each year unless theBoard of Selectmen votes on or before December 31 of the preceding year to establishanother date in order to suit the public convenience for the reasons the Board of Selectmenshall determine, including but not limited to conflicts with the observance of holidays.

§ 5-4. Motions.

A. A motion to reconsider or to rescind a previous vote of the meeting may be made onlyon the same date as the original vote for a compelling reason, as determined by theModerator, such as a change of circumstances, or the acquisition of new information.

B. A motion to change the order of consideration of articles from that set forth in thewarrant shall be in order only when the Moderator determines that a change ofcircumstances, error, or discovery of new information has occurred since the posting ofthe warrant that bears directly upon the purpose or effect of the article to be postponedor advanced, and such motion shall not be in order if solely to affect the time of votingon an article.

§ 5-5. Declaration of vote.

In the case of Town Meeting action on a matter which by statute requires a two-thirds vote,the vote may be declared by the Moderator without taking and recording a count, as providedin MGL c. 39, § 15, provided that the vote so declared may be immediately questioned byseven or more voters.

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§ 5-6§ 5-5

ARTICLE IIElected Officials

§ 5-6. Board of Selectmen.

A. Composition; term. There shall be a Board of Selectmen of three members, each to beelected for a term of three years.

B. Powers and duties. The Board of Selectmen shall serve as the chief executive officerand policymaking entity of the Town and have and exercise all the powers and dutiesvested in boards of selectmen under the General Laws or by vote of the Town, andsuch other authority as specified herein, including but not limited to the following;provided, however, that notwithstanding any of provision of this bylaw, the Board ofSelectmen shall not act to derogate from the statutory authority of multiple-memberbodies and other appointees of the Board and departments under its responsibility orany other multiple-member bodies, officers and employees of the Town.

(1) Appointing the following:

(a) Officers and positions: Town Counsel, Town Administrator, Treasurer/Collector and Assistant Treasurer/Collector, election officials, Police Chiefand police officers, Fire Chief, Plumbing and Gas Inspector, BuildingInspector, Oil Burner Inspector, Wire Inspector, Animal Inspector, AnimalControl Officer, Burial Agent, Surveyor of Lumber and Measurer of Woodand Bark, special counsel as needed, and District Director for Veterans'Affairs, as well as any other position provided for in accordance with theGeneral Laws or bylaws, vote of the Town, or pursuant to an intermunicipalagreement.

(b) Members of the following multiple-member bodies: Board of Registrars ofVoters, Zoning Board of Appeals, Conservation Commission, Hamilton-Wenham Cultural Council, Historic District Commission, Iron RailCommission, Council on Aging, Cable TV Advisory Committee, AirportAdvisory Committee and Long-Range Planning Committee, as well as anyother multiple-member body provided for in the General Laws or bylaws orpursuant to an intermunicipal agreement.

(c) Designees to the following entities: Metropolitan Area Planning Council,Ipswich Watershed District and Massachusetts Bay TransportationAuthority (MBTA).

(2) Adopting policies of general application to multiple-member bodies, officers andemployees appointed by said board or by the Town Administrator, and, to theextent allowed by law, of the Town generally, and enacting rules and regulationsimplementing the same.

(3) Instituting, prosecuting, compromising or defending any claim, action, suit orother proceeding in the name of the Town and settling any claim, action, suit orother proceeding brought by or on behalf of or against the Town.

(4) Appointing ad hoc policy committees to study particular issues or provide theBoard with advice.

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(5) Acting as the licensing authority of the Town.

(6) Calling Town Meetings and elections and issuing warrants therefor in accordancewith law.

(7) Establishing the duties and responsibilities of the Town Administrator andentering into an employment contract with said officer in accordance with law.

(8) Investigating the affairs of the Town and the conduct of any department, office oragency thereof.

(9) Executing collective bargaining agreements and other contracts of the Town.

(10) Such other matters as may be provided for by bylaw or other vote of TownMeeting, or by vote of the Board of Selectmen.

§ 5-7. Moderator.

A. Election; term. There shall be a Moderator elected for a term of three years.

B. Powers and duties.

(1) Town Meeting. The Moderator shall preside over and regulate the proceedings ofall sessions of Town Meeting, decide all questions of order and make publicdeclarations of all votes.

(2) Other powers and duties. The Moderator shall appoint committees, boards orindividuals pursuant to a vote of Town Meeting or bylaw, appoint the Wenhamrepresentative to the Essex North Shore Agricultural and Technical School, andshall have and exercise all the powers and duties vested in moderators under theGeneral Laws or by vote of the Town.

§ 5-8. Town Clerk.

A. Election; term. There shall be a Town Clerk elected for a term of three years.

B. Powers and duties. The Town Clerk shall record all votes passed at Town Meeting,administer to and record oaths of office of Town officials, serve as a member of theBoard of Registrars of Voters, and shall further have and exercise all the powers andduties vested in town clerks under the General Laws or by vote of the Town.

§ 5-9. Board of Assessors.

A. Composition; term. There shall be a Board of Assessors of three members, each to beelected for a term of three years.

B. Powers and duties. The Board of Assessors shall make full and fair cash valuation andrevaluation of all personal and real property in the Town subject to taxation, and shallfurther have and exercise all the powers and duties vested in boards of assessors underthe General Laws or by vote of the Town.

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§ 5-13§ 5-10

§ 5-10. Planning Board.

A. Composition; term. There shall be a Planning Board of five members, each to beelected for a term of five years.

B. Powers and duties. The Planning Board shall study and make plans for the resources,possibilities, and needs of the Town; make and from time to time amend a master planshowing all existing and desirable features of the Town; review all articles proposingadoption or amendment of a zoning bylaw, and report to Town Meeting concerning thesame; make recommendations on acceptance of ways; adopt and amend rules andregulations governing the subdivision of land in the Town of Wenham; and shallfurther have and exercise all the powers and duties vested in planning boards under theGeneral Laws or by vote of the Town.

§ 5-11. Board of Health.

A. Composition; term. There shall be a Board of Health of three members, each to beelected for a term of three years.

B. Powers and duties. The Board of Health shall make such regulations as it deemsnecessary for the public health and safety, enforce the State Sanitary Code, appoint thehealth agents (Assistant Health Agent and Public Health Nurse), and shall further haveand exercise all the powers and duties vested in boards of health under the GeneralLaws or by vote of the Town.

§ 5-12. Joint Board of Library Trustees (Hamilton-Wenham Joint Library).

A. Composition; term. There shall be a Hamilton-Wenham Joint Board of Library Trusteesof six members, elected in accordance with an agreement between the Towns ofHamilton and Wenham as such agreement may be amended from time to time.

B. Powers and duties. The Joint Board of Library Trustees shall be responsible for the careand management of the Hamilton-Wenham Joint Library, consistent with the terms ofthe agreement between the towns and any rules and regulations adopted by the JointBoard from time to time, appoint the Joint Library Director, and shall further have suchpowers and duties vested in boards of library trustees under the General Laws or byvote of the Town.

§ 5-13. Board of Water Commissioners.

A. Composition; term. There shall be a Board of Water Commissioners of three members,each to be elected for a term of three years.

B. Powers and duties. The Board of Water Commissioners shall have exclusive charge ofthe Water Department and water system, regulate the use of the water and theplacement of hydrants, set the water rates, appoint the Water Superintendent and renderan annual report to the Town upon the condition of the works under its charge and anaccount of all its doings, including an account of the receipts and expenditures, andshall further have such powers and duties vested in water commissions.

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§ 5-14. Wenham Housing Authority.

A. Composition; term. There shall be a Housing Authority of five members, each to beappointed or elected for a term of five years in accordance with MGL c. 121B, § 5, asit may be amended from time to time.

B. Powers and duties. The Housing Authority shall have responsibility for the maintenanceand development of public housing for low-income or disabled persons and families inaccordance with applicable state and federal law, identifying and addressing need foraffordable housing and develop policies and strategies to meet such needs, and mayreceive title to units or parcels of land for such purposes, report to the Board ofSelectmen annually in January, and shall further have such powers and duties vested inwater commissions under the General Laws or by vote of the Town.

§ 5-15. Hamilton-Wenham Regional School District School Committee.

A. Composition; term. There shall be a Hamilton-Wenham Regional School DistrictSchool Committee of seven members, each to be elected at an annual district electionfor a term of three years, or otherwise in accordance with an agreement between theTowns of Hamilton and Wenham, as it may be amended from time to time.

B. Powers and duties. The Hamilton-Wenham Regional School District School Committeeshall make all reasonable rules and regulations, consistent with law, for theadministration and management of the public schools of the district, appoint aSuperintendent of Schools and define the duties of the position, and shall further haveall the powers and duties vested in school committees and regional school committeesas provided in the General Laws and by vote of the Town.

ARTICLE IIIAppointed Officials

§ 5-16. Town Accountant powers and duties.

The Town Accountant shall responsible for maintaining the Town's financial records,including statements of revenues and expenditures, balance sheet, and any other recordsrequired by law or regulations, preparing warrants for payment of bills, have custody of allTown contracts, and prepare an annual report of all receipts and expenditures for the fiscalyear, and shall further have all powers and duties vested in town accountants as provided inthe General Laws and by vote of the Town.

§ 5-17. Treasurer/Collector powers and duties.

The Town Treasurer/Collector shall receive and take charge of all money belonging to theTown, pay over and account for the same according to the order of the Town or itsauthorized officers, pay bills of Town departments, annually account for all receipts anddisbursements, be responsible for the collection of taxes for real and personal property, motorvehicle excises, accounts receivable, and water bills, and shall further have all powers and

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§ 5-20§ 5-17

duties vested in town treasurers and town collectors as provided in the General Laws and byvote of the Town.

§ 5-18. Town Counsel powers and duties.

Under the direction of the Board of Selectmen, or the Town Administrator as its designee, theTown Counsel shall act as legal adviser to the Town and to all Town officers, boards andcommittees in connection with the performance of their public duties, with the consent andapproval of the Board of Selectmen prosecute, defend and compromise any and all suits,claims, actions and proceedings on behalf of or against the Town, its officers, boards andcommittees or in which the interest of the Town are or may be involved, and shall furtherhave all powers and duties vested in town counsel as provided in the General Laws and byvote of the Town.

§ 5-19. Town Administrator powers and duties.

The Town Administrator may act by and for the Board of Selectmen in any matter which itmay assign to the Administrator, relating to the administration of the affairs of the Town orof any Town office or department under the Board’s supervision or control, or with theapproval of the Board of Selectmen may perform such other duties as may be requested ofthe Administrator by any other Town officer, board, committee or commission. The TownAdministrator shall not hold any elected office in the Town but may be appointed by theBoard of Selectmen or with its approval to any other Town board, committee or commissionor to any other Town office or position consistent with the office of Town Administrator.

§ 5-20. Finance and Advisory Committee.

A. Composition; term. There shall be a Finance and Advisory Committee of five registeredvoters, each to be appointed for a term of three years beginning on July 1 and expiringon June 30. Persons serving two consecutive three-year terms shall be ineligible forappointment until the next succeeding Annual Town Meeting. No elected or appointedTown officer or employee shall serve on said Committee.

B. Appointment; vacancies.

(1) The Finance and Advisory Committee shall be appointed by an appointingcommittee consisting of the Moderator, Chair of the Board of Selectmen, andChair of the Finance and Advisory Committee.

(2) Such appointing committee shall meet annually following the dissolution of theAnnual Town Meeting to appoint members of the Finance and AdvisoryCommittee to fill any expiring terms and vacancies.

(3) Whenever a vacancy occurs in the membership of the Finance and AdvisoryCommittee, such vacancy shall be filled by the appointing committee for thebalance of the unexpired term. If any member of the Finance and AdvisoryCommittee becomes an elected or appointed Town officer or employee, or isabsent from five successive meetings, except in case of illness, that position shallbe deemed to be vacant and shall be filled in accordance with this section.

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C. Powers and duties.

(1) Budget. The Town Administrator and the Finance Director, at the direction of theBoard of Selectmen, shall prepare and submit to the Finance and AdvisoryCommittee a proposed budget for its review and approval, which Committee shallsubmit a budget to the Annual Town Meeting.

(2) The Finance and Advisory Committee shall review and make recommendationson all articles in any Town Meeting warrant that involve an appropriation orexpenditure of money or disposition of Town property. Such recommendationsshall be printed in the annual Town report. Prior to each Annual Town Meeting,the Finance and Advisory Committee shall hold a public hearing on the budgetand other matters referred to it under this section for review. The FinanceCommittee shall have access to all books of record and accounts, bills andvouchers on which money has been or may be paid from the Town treasury, andany other records relevant to its review of matters referred to it under this section.

(3) The Committee may authorize transfers from the reserve fund in accordance withthe provisions of MGL c. 40, § 6.

§ 5-21. Board of Registrars of Voters.

A. Composition; term. There shall be a Board of Registrars of Voters consisting of theTown Clerk and three other persons, each to be appointed by the Board of Selectmenfor a term of three years, in accordance with the provisions of MGL c. 51, § 15.

B. Powers and duties. The Board of Registrars of Voters shall be responsible forregistering voters, making local lists of residents, certifying nominating papers andpetitions, processing absentee voter applications, administering election recounts, andshall further have all powers and duties vested in boards of registrars as provided in theGeneral Laws and by vote of the Town.

§ 5-22. Zoning Board of Appeals.

A. Composition; term. There shall be Zoning Board of Appeals of three members and upto three associate members, each to be appointed by the Board of Selectmen as set forthin § 255-13.2 of Chapter 255, Zoning.

B. Powers and duties. The Zoning Board of Appeals shall have all the powers and dutiesas set forth in Chapter 255, Zoning, and shall further have all powers and duties vestedin zoning boards of appeals under the General Laws and by vote of the Town.

§ 5-23. Police Department and Police Chief.

A. Appointment; term. In accordance with the vote of the March 21, 1970, Annual TownMeeting accepting the provisions of MGL c. 41, § 97A, there shall be a PoliceDepartment in the Town under the supervision of a Police Chief, which Police Chiefand police officers shall be appointed by the Board of Selectmen.

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§ 5-26§ 5-23

B. Powers and duties. The Police Chief shall make suitable regulations governing theDepartment and officers thereof, subject to approval of the Board of Selectmen, shallbe in immediate control of all Town property used by the Department and of the policeofficers, and further shall have such other powers and duties vested in police chiefsunder the General Laws not inconsistent with MGL c. 41, § 97A, and by vote of theTown Meeting.

§ 5-24. Fire Department and Fire Chief.

A. Appointment. In accordance with the vote of the May 1, 1999, Annual Town Meetingaccepting the provisions of MGL c. 48, § 42A, there shall be a Fire Department in theTown, with a Fire Chief and firefighters appointed by the Board of Selectmen, whichBoard shall make suitable regulations governing the Fire Department and the officersand firefighters thereof.

B. Powers and duties. The Fire Chief shall be in immediate control of all Town propertyused by the Department and of the officers and firefighters, and shall act as the ForestWarden for the Town and, further, shall have such powers and duties vested in firechiefs under the General Laws not inconsistent with MGL c. 48, § 42A, and by vote ofTown Meeting.

§ 5-25. Cemetery Commissioners.

A. Composition; term. There shall be a Cemetery Commission of three members, eachappointed for a term of three years.

B. Powers and duties. The Cemetery Commission shall be responsible for the care andsupervision of all public burial grounds, deed to any person the sole and exclusive rightof burial in a particular cemetery lot, establish any necessary regulations, subject to theapproval of the Town, regarding public burial grounds, and make an annual writtenreport to the Town, and shall further have all the powers and duties vested in cemeterycommissions under the General Laws or by vote of the Town.

§ 5-26. Tree Warden and Superintendent of Moth Work.

A. Position; term. There shall be a Tree Warden and Superintendent of Moth Workappointed for a term of one year.

B. Powers and duties. The Tree Warden shall be responsible for the care and control of allpublic shade trees, shrubs, and growths in the Town, except those on state highwaysand those under the jurisdiction of the Hamilton-Wenham Joint Recreation Committee,promulgate regulations regarding the care and preservation of public shade trees andestablish fines consistent with law, and shall further have and exercise all the powersand duties vested in tree wardens and superintendents of moth work under the GeneralLaws or by vote of the Town.

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1. Editor's Note: See MGL c. 131, § 40.

§ 5-27. Conservation Commission.

A. Composition; term. There shall be a Conservation Commission of seven members, eachto be appointed by the Board of Selectmen for a term of three years.

B. Powers and duties. The Conservation Commission shall be responsible for thepromotion and development of the natural resources and for the protection of watershedresources of the Town, including implementation of the Wetlands Protection Act1 andChapter 242, Water Resources Protection, and shall further have all the powers andduties vested in conservations commissions under MGL c. 40, § 8C, and other GeneralLaws and by vote of the Town.

§ 5-28. Director of Public Works.

The Director of Public Works shall, under the direction of the Board of Selectmen, have fullcharge of all work to be done on the public roads and sidewalks and, if no other provision ismade, be responsible for repairs to public drains, and further shall have all the powers andduties vested in superintendents of streets under the General Laws and by vote of the Town.

§ 5-29. Historic District Commission/Historical Commission.

A. Composition; term. There shall be an Historic District Commission of seven membersand two alternates, each to be appointed by the Board of Selectmen for a term of threeyears and serve also as Historical Commission members.

B. Powers and duties. The Historic District Commission shall preserve and protectdistinctive characteristics of buildings and places of historic significance in the HistoricDistrict and in the Town generally, and further shall have the powers and dutiesprovided to historic district commissions and historical commissions under the GeneralLaws and by vote of the Town.

§ 5-30. Council on Aging.

A. Composition; term. There shall be a Council on Aging of nine members, each to beappointed by the Board of Selectmen for term of three years. The Council may thenappoint associate members who will not have the right to vote on Council matters.

B. Powers and duties. The Council on Aging shall coordinate and implement programsdesigned to meet the needs of the aging, and further shall have the powers and dutiesvested in councils on aging under the General Laws and by vote of the Town.

§ 5-31. Wenham Issues of Social Service and Housing (WISSH).

A. Composition; term. There shall be a Wenham Issues of Social Services and HousingCommittee (WISSH) of minimum five members, to be appointed by the Board ofSelectmen, which Committee shall include at-large members, a member of the Board of

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§ 5-33§ 5-31

Selectmen, and members of the Fire and Police Departments and the HousingAuthority.

B. Powers and duties. The WISSH Committee shall identify the social service needs ofWenham residents and to coordinate and implement the appropriate unmet physicaland/or assistance to those in need. Pursuant to this goal, WISSH shall:

(1) Provide education to the community about social services available to thecommunity and enlist the support and participation of the citizens of Wenham.

(2) Design, advocate, and implement services, as needed, to fill the needs of thecommunity and to coordinate with existing agencies.

(3) Examine, review, and up-date programs and services for the community, based onavailable data.

(4) Review and up-date annually all documents, policies and procedures for WISSH.

(5) Cooperate with the Wenham Selectmen and be cognizant of state and federallegislation and programs regarding social services.

(6) Advise the Town Selectmen on the funding needs of WISSH. Function as anadvisory council, to the Town Selectmen, to maintain an effective flow ofcommunication between the community and Town government.

§ 5-32. Iron Rail Commission.

A. Composition; term. There shall be an Iron Rail Commission of five members, eachappointed by the Board of Selectmen for a term of three years.

B. Powers and duties. The Iron Rail Commission shall study plans and proposals for theuse of the Iron Rail property and make recommendations to the Board of Selectmen asto the best use of the property and have such other powers and duties as may be vestedin the Commission by vote of the Town.

§ 5-33. Wenham Affordable Housing Trust.

A. Composition; term. The Board of Selectmen appoints five to seven Trustees to servetwo-year terms. The Board of Trustees will include one member of the Board ofSelectmen.

B. Powers and duties. The Affordable Housing Board of Trustees shall exercise thosepowers set forth in Article IV of the Declaration of Trust of the Town of WenhamAffordable Housing Trust dated May 12, 2009, recorded with the Essex South DistrictRegistry of Deeds, Book 29295, Page 378; provided, however, that all grants made bythe Trust shall first be approved by the Board of Selectmen, and further shall have suchpowers and duties as are vested in affordable housing trusts under the General Laws,including MGL c. 44, § 55C, not inconsistent with said declaration and this bylaw, andby vote of the Town.

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§ 5-34. Community Preservation Committee.

A. Composition; term.

(1) There is hereby established a Community Preservation Committee consisting ofnine members pursuant to MGL c. 44B, as follows:

(a) One member of the Historic District Commission as designated by theCommission.

(b) One member of the Housing Authority as designated by the Authority.

(c) One member of the Planning Board as designated by the Board.

(d) One member of the Hamilton-Wenham Joint Recreation Committee asdesignated by the Committee.

(e) One member of the Conservation Commission as designated by theCommission.

(f) Four at-large members to be appointed by the Board of Selectmen.

(2) As of 2016, members of multiple-member bodies shall be designated by suchbody for a three-year term or such shorter term for which the member serves onsuch body, and, in the case of at-large members appointed by the Selectmen, forthree-year terms. Any member appointed for two full three-year terms shall beineligible for reappointment until after the next succeeding Annual TownMeeting. Any vacancy on the Community Preservation Committee shall be filledfor the unexpired term by the entity responsible for the original appointment.

(3) Should any multiple-member body listed under Subsection A(1) cease to exist forwhatever reason, the Board of Selectmen will determine the appropriatealternative designating commission, authority or board.

B. Powers and duties.

(1) The Community Preservation Committee shall study the needs, possibilities andresources of the Town regarding community preservation. The Committee shallconsult with Town boards and others, including but not limited to the HistoricDistrict Commission, the Housing Authority, the Planning Board, theConservation Commission, and the Joint Recreation Committee, in conductingsuch studies. As part of its studies the Committee shall hold one or more publicinformational hearings on the needs, possibilities and resources of the Townregarding community preservation possibilities and resources, notice of whichshall be posted publicly, including on the Town's web page, and published foreach of two weeks preceding a hearing in a newspaper of general circulation inthe Town. The Committee will file an annual report on its activities with theTown Clerk.

(2) The Community Preservation Committee shall make recommendations to theTown Meeting for the acquisition, creation and preservation of open space; forthe acquisition, rehabilitation, restoration and preservation of historic resources;for the acquisition, creation, preservation, restoration and rehabilitation of land for

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§ 5-36§ 5-34

recreational use; for the creation, preservation and support of community housing;and for the rehabilitation or restoration of such open space and communityhousing that is acquired or created as provided in this subsection. With respect tocommunity housing, the Community Preservation Committee shall recommend,wherever possible, the reuse of existing buildings, or construction of newbuildings on previously developed sites.

(3) The Community Preservation Committee may include in its recommendations tothe Town Meeting a recommendation to set aside for later spending funds forspecific purposes that are consistent with community preservation, but for whichsufficient funds are not then available in the Community Preservation Fund toaccomplish that specific purpose, or to set aside for later spending funds forgeneral purposes that are consistent with community preservation.Recommendations to the Town Meeting shall include their anticipated costs.

§ 5-35. Residency requirement for members of appointed multiple-member bodies.

A. Residency requirement. Only residents of the Town of Wenham shall be eligible forappointment as voting members of any multiple-member body of the Town ofWenham. In the event an appointee removes from the Town during said term ofappointment, the appointing authority shall declare the office vacant, except as providedin Subsection B below.

B. Exceptions. The provisions of this section shall not apply to:

(1) An ex officio or nonvoting member of a multiple-member body, including anynonresident Town officer or employee representing the Town of Wenham in suchcapacity.

(2) A member of a multiple-member body who removes from the Town of Wenhamwhile that body is conducting an adjudicatory hearing, provided that theappointing authority, at the request of the chair of such multiple-member body,authorizes the member to continue to serve until the hearing is concluded and adecision has been made.

(3) Any nonresident incumbent member of a multiple-member body serving as of theeffective date of this section for the remainder of their appointed term, providedthat they shall thereafter be subject to the requirements of Subsection A.

ARTICLE IVRegional Districts, Joint Agreements and Representatives on State or Regional Entities

§ 5-36. Information filed with Town Clerk.

A. Copies of enabling legislation for regional districts in which the Town is a member andintermunicipal agreements to which the Town is a party shall be kept on file in theoffice of the Town Clerk and be posted on the Town website, including but not limitedto the following: the Hamilton-Wenham Regional School District, the Essex NorthShore Agricultural and Technical School District, the Hamilton-Wenham Joint Library,

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the Hamilton-Wenham Joint Recreation Committee, Hamilton-Wenham CommunityAccess Media (HWCAM), Essex County Regional Emergency Communication Center(ECRECC), Eastern Essex District Department of Veterans Services, and other districtsor agreements as may be operative from time to time.

B. A list of all positions established by a regional district or intermunicipal agreement andpositions for which the Town makes appointments to an entity created by state law(such as the Massachusetts Bay Transportation Authority and the Metropolitan AreaPlanning Council), with the names of the persons elected or appointed thereto and theirrespective term of office, shall be kept on file in the office of the Town Clerk and beposted on the Town website.

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Chapter 26

FINANCIAL AFFAIRS

§ 26-1. Annual audit.

§ 26-2. Collection of accounts.

§ 26-3. Payment of fees to treasury.

§ 26-4. Sale of property.

§ 26-5. Contracts.

§ 26-6. Finance Director.

[HISTORY: Adopted by the Town Meeting of the Town of Wenham 3-5-1945 (formerCh. IV); amended 3-1-1948; 5-11-1955; 3-17-1962; 3-20-1971; 3-18-1972; 4-11-2015.Subsequent amendments noted where applicable.]

§ 26-1. Annual audit.

The Board of Selectmen shall provide for a periodic audit to be made of the Town's accountsin accordance with the provisions of MGL c. 44, § 35, each such audit to be undertaken inaccordance with any applicable guidelines adopted by the Director of Accounts of theDepartment of Revenue.

§ 26-2. Collection of accounts.

The Treasurer/Collector shall collect, under the title of "Town Collector," all accounts due theTown, in accordance with the provisions of MGL c. 41, § 38A.

§ 26-3. Payment of fees to treasury.

All Town officers, including the Town Clerk, shall pay all fees received by them by virtue oftheir office into the Town treasury.

§ 26-4. Sale of property.

Any board or officer in charge of a department of the Town may, with the approval of theBoard of Selectmen, sell any Town property other than interests in real estate which is withinthe possession or control of the department, and which has become obsolete or is not requiredfor further use by the department, or trade the same in part payment for replacements forwhich funds have been provided.

§ 26-5. Contracts.

No contract in the amount of $10,000 or more with a contractor employing six or morepersons shall be entered into by the Town directly or through any agency of the Town unlessthe contractor certifies, in writing, to the Town that the contractor is in compliance withChapter 151B of the General Laws, and sets forth affirmative action which the contractorprovides for equal opportunities for all qualified persons without regard to race, color,

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religious creed, national origin, ancestry, sex, gender identity, age, handicap (disability),mental illness, sexual orientation, active military personnel and genetics.

§ 26-6. Finance Director.

The Board of Selectmen shall appoint a Finance Director to serve as the Chief FinancialOfficer of the Town, and determine the duties and authority of the Finance Director,including cash management, borrowing, budget, annual budget development, accountingpolicies and procedures for all Town departments and officers. The positions of Treasurer/Collector and Accountant shall report to the Finance Director, who may also be appointed bythe Selectmen to serve as either the Treasurer/Collector or Accountant with the approval ofthe Selectmen.

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Chapter 58

PERSONNEL

ARTICLE IHoliday Leave

§ 58-1. Paid holidays.

ARTICLE IIPersonnel Policies

§ 58-2. Authority of Board ofSelectmen.

[HISTORY: Adopted by the Town Meeting of the Town of Wenham as indicated inarticle histories. Amendments noted where applicable.]

ARTICLE IHoliday Leave

[Adopted 3-5-1945 (former Ch. II, Paragraph 2); amended 5-11-1955; 5-3-1975; 4-11-2015]

§ 58-1. Paid holidays.

All permanent full-time employees of the Town shall receive 11 paid holidays in each year;namely, January 1, Martin Luther King Day, Washington's Birthday, Patriots' Day, MemorialDay, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day andChristmas Day. All employees whose duties require working on one of these holidays shallreceive another day off with pay.

ARTICLE IIPersonnel Policies

[Adopted 3-5-1945 (former Ch. II, Paragraph 3); amended 5-11-1955; 5-9-1981; 4-11-2015]

§ 58-2. Authority of Board of Selectmen.

The Board of Selectmen shall have authority to establish personnel policies for employees ofthe Town. A public hearing, notice of which is to be posted at least seven days prior to thehearing, shall be held prior to the adoption or change of any personnel policy. For purposesof this bylaw, personnel policies may include any conditions of employment not otherwisegoverned by state or federal law.

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Chapter 67

REVOLVING FUNDS

§ 67-1. Funds established.

§ 67-2. Fiscal year spending limits.

§ 67-3. Expenditures.

[HISTORY: Adopted by the Town Meeting of the Town of Wenham 4-1-2017 by Art. 7(former Ch. XXVIII); amended 4-7-2018 ATM by Art. 9; 4-6-2019 ATM by Art. 11.Subsequent amendments noted where applicable.]

§ 67-1. Funds established.

There is hereby established in the Town of Wenham pursuant to the provisions of MGL c.44, § 53E1/2, the following revolving fund:

A. H-W Grounds Maintenance. Fees and reimbursements from the Town of Hamilton andthe Hamilton Wenham Regional School District for the purpose of paying employees,purchasing supplies, services, equipment, and miscellaneous expenses related togrounds maintenance; to be expended by the Department of Public Works.

B. Iron Rail Rental. Revenues collected through rental fees from tenants of the Iron Railproperty for the purpose of paying for facility maintenance and capital investments; tobe expended by the Iron Rail Commission.

C. Water mitigation. Revenues collected through permitting fees for the purpose of payingfor water mitigation initiatives, including but not limited to offering rebates to residentsfor water-saving devices and appliances; to be expended by the Board of WaterCommissioners.

§ 67-2. Fiscal year spending limits.

A. H-W Grounds Maintenance: $20,000.

B. Iron Rail Rental: $30,000.

C. Water mitigation: $10,000.

§ 67-3. Expenditures.

Expenditures from the revolving fund set forth herein shall be subject to the limitationestablished by Town Meeting, or any increase therein, all as may be authorized in accordancewith MGL c. 44, § 53E1/2.

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PART II

REGULATORY

BYLAWS

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Chapter 90

ALARM SYSTEMS

§ 90-1. Rules, regulations and fees.

§ 90-2. Prohibited acts.


[HISTORY: Adopted by the Town Meeting of the Town of Wenham 5-8-1982 (formerCh. XIV); amended 5-12-1984; 5-13-1989. Subsequent amendments noted whereapplicable.]

§ 90-1. Rules, regulations and fees.

The Police Chief, Fire Chief and Town Administrator, with the approval of the Board ofSelectmen, are authorized to establish rules, regulations, and schedules of fees for theinstallation, operation, and maintenance of fire and intrusion alarm systems, includingmedical alert systems.


A. No person shall install, operate, or maintain a fire, intrusion, or medical alert alarmsystem which is connected by direct line to the Emergency Communications Center orwhich incorporates a telephone dialing device programmed to dial a local police, fire oremergency telephone number automatically, or which uses exterior audible signals atthe alarm location, unless such person first obtains a permit from the Board ofSelectmen, and thereafter complies with applicable rules and regulations and pays anyapplicable fees.

B. No person shall intentionally transmit any false fire, intrusion, or medical alert alarm.Repeated transmissions of false fire, intrusion or medical alert alarms after notice of asystem malfunction from the Board of Selectmen shall constitute an intentionaltransmission of a false fire, intrusion, or medical alert alarm.


Violation of this bylaw shall be punishable by a fine of up to but not more than $100 foreach offense after notification of said offense.

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Chapter 94

ALCOHOLIC BEVERAGES

§ 94-1. Consumption; possession ofopen containers.

[HISTORY: Adopted by the Town Meeting of the Town of Wenham 5-12-1979 (formerCh. V, § 15). Amendments noted where applicable.]

§ 94-1. Consumption; possession of open containers.

Unless otherwise authorized by the Board of Selectmen, no person shall drink any alcoholicbeverage, or have in their possession an open container of alcoholic beverage as defined inMGL c. 138, § 1, upon any public way, public parking area, school property, Town park orrecreation area, or on any way or property to which the public has a right of access asinvitees or licensees.

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Chapter 100

ANIMALS

ARTICLE IAnimal Control

§ 100-1. Administration.

§ 100-2. Adoption of statutoryprovisions.

§ 100-3. Licenses and fees.

§ 100-4. Late charge.

§ 100-5. Impoundment and release.

§ 100-6. Nuisance or dangerous dogs.

§ 100-7. Violations and penalties;noncriminal disposition.

ARTICLE IIAnimal Control Officer Fees

§ 100-8. Service fees.

§ 100-9. Female animals in heat.


ARTICLE IAnimal Control

[Adopted 5-5-2007 (former Ch. XXIII); amended 11-5-2013]


A. The Board of Selectmen shall annually appoint an animal control officer, who shall beresponsible for the enforcement of this bylaw and the General Laws relating to theregulation of animals.

B. For purposes of this bylaw and MGL c. 140, § 157, the Board of Selectmen shall be thehearing authority.

§ 100-2. Adoption of statutory provisions.

The provisions of MGL c. 140 applicable to animal licensing and tagging are herebyincorporated herein.

§ 100-3. Licenses and fees.

A. No person shall own or keep a dog six months of age or older unless the dog islicensed and tagged annually. The license period shall run from January 1 to December31 of each calendar year.

B. The fee to license an intact male or female dog will be $15. The fee to license a spayedfemale or neutered male dog will be $10. Personal kennels for four dogs will be $50,five to 10 dogs $100, and more than 10 dogs $150. No fee is imposed for domesticcharitable corporation kennel licenses operated exclusively to protect animals fromcruelty, neglect, or abuse, or for relief from suffering.

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WENHAM CODE § 100-7§ 100-4


§ 100-4. Late charge.

In addition to the license fees required by § 100-3, there shall be assessed a late charge of$25 with respect to any dog that is not licensed before January 31 of each year. This sectionshall not apply to any dog brought into the Town after January 31, or to any dog that attainsthe age of six months after January 31, provided that the dog is licensed within 30 daysthereof. Said late fee shall be in addition to any fines assessed in accordance with § 100-7 ofthis bylaw.

§ 100-5. Impoundment and release.

A. No dog impounded under the provisions of this bylaw, or the provisions of MGL c.140, as may be amended from time to time, shall be released unless it has been licensedas required by this bylaw.

B. The owner or keeper of a dog which has been impounded shall pay fees equal to theexpenses incurred by the Town for the collection, initial handling, and daily care (ifapplicable) of such dog. These fees shall be established by the Board of Selectmen, inaccordance with MGL c. 140, as amended.

§ 100-6. Nuisance or dangerous dogs.

Any person may make a written complaint to the Selectmen that any dog owned or keptwithin the Town is a nuisance dog or a dangerous dog, as those terms are defined in MGL c.140, § 136A. The Board of Selectmen shall investigate or cause to be investigated suchcomplaint, including an examination under oath of the complainant at a public hearing in theTown to determine whether the dog is a nuisance dog or a dangerous dog, and the Board ofSelectmen shall make such order concerning the restraint or disposal of such dog as providedin MGL c. 140, § 157. Violations of such orders shall be subject to the enforcementprovisions of MGL c. 140, §§ 157 and 157A, which, upon conviction, may include: for a firstoffense, a fine of not more than $500 or imprisonment for not more than 60 days in a jail orhouse of correction, or both, and for a second or subsequent offense, a fine of not more than$1,000 or imprisonment for not more than 90 days in a jail or house of correction.

§ 100-7. Violations and penalties; noncriminal disposition.

A. In addition to the remedies set forth in this bylaw and in MGL c. 140, §§ 136A to174E, inclusive, including but not limited to MGL c. 140, § 157A, or any otherapplicable provision of law, this bylaw may be enforced through any lawful means inlaw or in equity, including, but not limited to, noncriminal disposition pursuant to MGLc. 40, § 21D, MGL c. 140, § 173A and the Town's noncriminal disposition bylaw, andthe election of one remedy shall not preclude enforcement through any other lawfulmeans. The Animal Control Officer, any police officer or any other person so appointedby the Board of Selectmen may issue notices of violation of this bylaw. If noncriminaldisposition is elected, the fines for such violations, per dog and per violation, shall beas follows:

(1) First offense: written warning, no fine.

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ANIMALS


§ 100-9§ 100-7

(2) Second offense: $25.

(3) Third offense: $50.

(4) Subsequent offenses: $100.

B. Each day or portion thereof shall constitute a separate offense. If more than one, eachcondition violated shall constitute a separate offense. A separate offense is not limitedto an offense within a calendar year from the first offense.

ARTICLE IIAnimal Control Officer Fees

[Adopted 5-12-1990 (former Ch. XVII); amended 5-1-1993]

§ 100-8. Service fees.

A. A person who owns or keeps a dog or other domesticated animal within the territoriallimits of the Town of Wenham shall be responsible for the following fees when theservice of the Animal Control Officer is required in connection with any such dog ordomesticated animal:

(1) First service within a calendar year: free.

(2) Second service within a calendar year $25.

(3) Third service and any subsequent service: $50.

B. "Service" of the Animal Control Officer shall consist of the response of the officer to aspecific location, and/or the removal, restraint, or impounding of the dog ordomesticated animal, whether occasioned by request of a citizen, Town official orotherwise.

C. In addition to the service fee and impound fee set forth in § 100-5 of this bylaw, apickup fee of $15 shall be paid to the Town for any dog retrieved and/or impounded bythe Animal Control Officer.

D. All fees incurred as a result of the impounding of a dog shall be paid prior to therelease of said dog from impoundment.

§ 100-9. Female animals in heat.

If the Animal Control Officer determines that a female animal in heat, even confined, isattracting other animals, thus causing a disturbance or damage to neighboring property orpublic area, the Animal Control Officer may require the owner or keeper of the animal toconfine said animal, while in heat, in a kennel or to remove it from the area so that thenuisance is abated.

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Chapter 133

EARTH REMOVAL

§ 133-1. Purpose.

§ 133-2. General.

§ 133-3. Permits required; exemptions.

§ 133-4. Permit applications.

§ 133-5. Permit hearing.

§ 133-6. Permit issuance.

§ 133-7. Prohibitions.


§ 133-9. Administration; enforcement;violations and penalties.

[HISTORY: Adopted by the Town Meeting of the Town of Wenham 1-9-1978 (formerCh. XII); amended 5-1-2010. Subsequent amendments noted where applicable.]

§ 133-1. Purpose.

The purpose of this bylaw is to promote the health, safety, welfare and amenities of thecommunity or any neighborhood thereof, to prevent harmful results from improper excavationand to assure compliance with the Master Plan of the Town of Wenham.

§ 133-2. General.

For the purposes of this bylaw, "earth" shall include soil, loam, sod, clay, sand and gravel orquarried stone, or any combination thereof.

§ 133-3. Permits required; exemptions.

A. Other than as excepted in this bylaw, no earth shall be removed from any parcel of landnot in public use, either above or under water, in the Town of Wenham unless by andin accordance with a permit issued under the authority of this bylaw. In order topreserve the natural resources of the Town of Wenham, the removal from the Town oftopsoil or sod is prohibited; relocation within the Town of topsoil or sod from oneparcel of land to another, within the Town, is permitted by written permit as hereinafterset forth.

B. The annual removal of earth other than topsoil or sod in a quantity less than 100 cubicyards per year or the removal of topsoil or sod in a quantity of less than 10 cubic yardsper year shall be exempt from the provisions of this bylaw.

C. The removal of earth in compliance with the requirements of a subdivision planapproved by the Planning Board is exempt from the provisions of this bylaw.

D. The grading and redistribution of earth on any site is governed by § 255-10.1 ofChapter 255, Zoning, of the Bylaws of the Town of Wenham.

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WENHAM CODE § 133-6§ 133-4


1. Editor's Note: See Ch. 300, Subdivision of Land.

§ 133-4. Permit applications.

Application for a permit hereunder shall be filed with the Board of Selectmen and the TownClerk in such forms as the Board of Selectmen shall prescribe from time to time. In the eventthat no rules have been prescribed at the time of the application, within 30 days of filing theapplication, the Board of Selectmen may require the applicant to furnish such additionalspecified information as may be reasonably useful and further may also require a refilingwithin 30 days of date of notice to applicant. The legal date of filing of application for allpurposes, including those specified in § 133-5 herein, shall be the date of last filing.

§ 133-5. Permit hearing.

A. No permit shall be issued without a public hearing held within 65 days of the filing ofthe application with the Town Clerk in conformity with provisions for special permitsunder MGL c. 40A, §§ 9 and 11.

B. Failure of the Board of Selectmen to take final action within 90 days after the hearingshall be deemed approval of the requested permits, provided that such permits shall bevalid only for six months from the date of automatic approval, excluding the timerequired to pursue or await the determination of appeal, and further provided that allwork shall be done in accordance with the standards for earth removal in subdivisionsas stipulated in the rules and regulations governing subdivisions of the Planning Boardof the Town of Wenham.1

C. Permit issued by vote of the Board shall automatically expire upon completion of theearth removal project for which it was issued or at such time as may be specified insaid permit, and in any event within one year from the date of issue thereof.

D. A permit may be renewed by the Board of Selectmen for a period of one year without ahearing if it finds that all conditions then applicable have been complied with and thatthe work has been carried on continuously and in good faith. A permit may not berenewed more than once without a hearing unless, in the opinion of the Board ofSelectmen, the area of the previous permit is being satisfactorily restored for use inaccordance with the reuse plan approved by said Board.

E. Where a permit is required hereunder in connection with the development of a large-scale ground-mounted solar photovoltaic installation pursuant to § 255-10.2 of Chapter255, Zoning, an application therefor shall be submitted simultaneously with anapplication for site plan review under said § 255-10.2. So as to comply with Section 22of the Green Communities Act, amending MGL c. 25A, § 10(c), the review of suchapplication shall be expedited and a decision thereon shall be rendered no later than oneyear from the date of submittal thereof.

§ 133-6. Permit issuance.

A. Permits for earth removal may be issued by the Board of Selectmen subject to theapproval where required and the advice where applicable of the Planning Board,

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EARTH REMOVAL


§ 133-8§ 133-6


Conservation Commission, Board of Health, Highway Department, Police Departmentand other relevant Town departments, subject to the express limitations providedhereinafter and to such additional limitations of time and usage as the Board feels arereasonably required to satisfy the purpose of this bylaw. The Board of Selectmen shallbe guided by the standards for earth removal in subdivisions as adopted from time totime by the Planning Board in its rules and regulations for subdivisions.2

B. Permits for earth removal shall be issued only upon condition that a cover of topsoil ofnot less than six inches in depth shall be replaced or allowed to remain, except where,due to construction of roads, buildings or other permanent physical features, suchprovision is impractical. Such topsoil cover shall be seeded with a perennial cover cropto assure uniform growth and surface soil stabilization.

C. In exercising its discretion under this bylaw, the Board of Selectmen shall not issue anypermit for earth removal if in its opinion such removal will:

(1) Endanger the public health or safety or constitute a nuisance because of noise,vibration, smoke, gas fumes, odor, erosion, pollution or other objectionablefeatures, hazard, explosion or fire.

(2) Produce noise, dust or other effects observable at the lot lines in amountsseriously objectionable or detrimental to the normal use of the adjacent propertyor the economic condition of the district or Town.

(3) Result in the transportation over Town ways which will be injured in any way byloads in excess of the road capability or by means of handling vehicles used totransport earth or of handling materials in transport.

(4) Alter any significant topographical feature or result in a change in the topographyand cover which will be disadvantageous to the appropriate reuse of the land aspermitted by Chapter 255, Zoning.

§ 133-7. Prohibitions.

The Board of Selectmen shall not issue any earth removal permit if the work extends within300 feet of a way open to public use, whether public or private, or 250 feet of a building orstructure, or within 100 feet of a natural stream or body of water unless the Board is satisfiedthat the removal will not undermine the way or structure and will not cause damage to theabutting property, stream or body of water.


The invalidity of any section, subsection or provision of this bylaw shall not invalidate anyother section or provision thereof.

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WENHAM CODE § 133-9§ 133-9


§ 133-9. Administration; enforcement; violations and penalties.

A. The Board of Selectmen or duly authorized representative shall review the progress ofthe work from time to time to ensure proper conduct.

B. If the Board of Selectmen concludes that there has been a violation of this bylaw, anotice of violation shall be sent to the landowner and, where applicable, the permitholder, by registered or certified mail to the address of the landowner on the Townrecords and, when applicable, to the address of the permit holder on the initialapplication, and the Board or its designee may send a notice ordering a cessation of theimproper activities, or take any other action necessary to prohibit further violation.

C. Each violation of this bylaw shall be subject to a fine of $50 for the first offense, $100for the second offense and $200 for each subsequent offense, under the terms of MGLc. 40, § 21, Clause 17. Each truckload, or partial truckload, and each day ofnoncompliance shall constitute a separate offense. The landowner, the permit holderand the driver of the truck shall be jointly and severally liable for the fines.

D. Whether or not specified in the permit, the Board of Selectmen shall have the power torevoke or suspend a permit issued under this bylaw if any permit provisions are notfully complied with by the permit holder or any of its employees, agents, orcontractors, either directly or indirectly.

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Chapter 144

FIREARMS, HUNTING AND TRAPPING

§ 144-1. Prohibited acts. § 144-2. Exceptions.



No person shall fire or discharge any firearm within the limits of any park, playground orother public property except with the written consent of the Board of Selectmen, or hunt,trap, or fire or discharge any firearm on any private property except with the written consentof the owner, his authorized agent, or the legal occupant thereof.

§ 144-2. Exceptions.

This bylaw shall not apply to the lawful defense of life or property, or to any lawenforcement officer acting in the discharge of his duties.

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Chapter 148

FIRE PREVENTION

ARTICLE ISmoke and Carbon Monoxide Detectors

and Sprinkler Systems

§ 148-1. Smoke detectors and carbonmonoxide alarms required.

§ 148-2. Sprinkler systems.

ARTICLE IIFire Lanes

§ 148-3. Unlawful obstructions;designation of fire lanes.

§ 148-4. Signs and markings.

§ 148-5. Applicability.



ARTICLE ISmoke and Carbon Monoxide Detectors and Sprinkler Systems

[Adopted 5-9-1981 (former Ch. XIII); amended 5-14-1983; 5-9-1987; 5-4-1991]

§ 148-1. Smoke detectors and carbon monoxide alarms required.

All buildings or structures occupied in whole or in part for residential purposes and notregulated by MGL c. 148, § 26A, 26B or 26C, shall upon the sale or transfer of such buildingor structure be equipped by the seller with approved smoke detectors as provided in MGL c.148, § 26E, and approved carbon monoxide alarms as provided in MGL c. 148, § 26F 1/2.

§ 148-2. Sprinkler systems.

Every nonresidential building or addition constructed after July 1, 1983, of more than 7,500gross square feet in floor area shall be protected throughout with an adequate system ofautomatic sprinklers in accordance with the provisions of the State Building Code or, as mayotherwise be required in accord with the provisions of MGL c. 148, § 26G, a fire suppressionsystem.

ARTICLE IIFire Lanes

[Adopted 5-6-1995 (former Ch. XX); amended 5-3-2008]

§ 148-3. Unlawful obstructions; designation of fire lanes.

A. It shall be unlawful to obstruct or block a private way with a vehicle or other means asto prevent access by fire apparatus or equipment to any building.

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B. It shall be unlawful to obstruct or park any vehicle in any fire lane designated by theFire Chief and posted and marked as such. Said fire lanes shall be a width of 12 feetfrom the curbing at a sidewalk for a mall, shopping center, nursing home or school.Where no sidewalk with curbing exists the width shall be 18 feet from the building.

§ 148-4. Signs and markings.

The building owner of record shall provide, install and maintain signs and/or markings asprovided in § 148-3B of this bylaw.


This bylaw shall pertain to all buildings in the Town of Wenham except residential buildingsof four dwelling units or fewer.


Violation of this bylaw shall be subject to a fine of not more than $100.

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Chapter 155

HISTORIC PRESERVATION

ARTICLE IWenham Historic District Commission

§ 155-1. Purpose.

§ 155-2. Historic district established.

§ 155-3. Historic District Commissionestablished.

§ 155-4. Buildings, structures andfeatures excluded from review.


ARTICLE IIWenham Historical Commission

§ 155-6. Purpose.

§ 155-7. Historic District Commission toact as Historical Commission.

§ 155-8. Commission powers and duties.


Historic District Map

[HISTORY: Adopted by the Town Meeting of the Town of Wenham 3-18-1972;amended in its entirety 4-6-2019 ATM by Art. 13 (former Ch. XXV). Subsequentamendments noted where applicable.]

1. Editor's Note: See the map included as an attachment to this chapter.

ARTICLE IWenham Historic District Commission

§ 155-1. Purpose.

The purpose of this bylaw is to promote the educational, cultural, economic and generalwelfare of the public through the preservation and protection of the distinctive characteristicsof buildings and places significant in the history of the Town of Wenham or their architecturewithin the historic district(s), and through the maintenance and improvement of settings forsuch buildings and places and the encouragement of design compatible therewith.

§ 155-2. Historic district established.

There is hereby established under the provisions of MGL c. 40C a historic district to beknown as the "Wenham Historic District 1972" attached to and made part of this bylaw.1

§ 155-3. Historic District Commission established.

There is hereby established under MGL c. 40C the Wenham Historic District Commissionwith all the powers and duties provided for by statute consisting of seven members to beappointed for terms of three years in accordance with the provisions of such statute; provided,however, that in addition to the organizations which § 4 of such statute designates, theWenham Village Improvement Society may submit nominees for membership on theCommission. Vacancies shall be filled by appointment for the unexpired term.

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§ 155-4. Buildings, structures and features excluded from review.

Notwithstanding anything containing in this bylaw to the contrary, the authority of thisCommission shall not extend to the review of the following categories of buildings orstructures or exterior architectural features in the Wenham Historic District:

A. Terraces, walks, driveways and similar structures or any one or more of them, providedthat any such structure is substantially at grade level.

B. Storm doors and windows, screens, window air conditioners, lighting fixtures, antennasand similar appurtenances, or any one or more of them.

C. The color of paint.

D. The color of materials used on roofs.

E. The reconstruction of substantially similar in exterior design of a building, structure orexterior architectural feature damaged or destroyed by fire or storm or other disaster,provided such reconstruction is begun within one year thereafter and carried forwardwith due diligence.


In case any section, paragraph or part of this bylaw be for any reason declared invalid orunconstitutional by any court of competent jurisdiction, every other section, paragraph or partshall continue in full force and effect.

ARTICLE IIWenham Historical Commission

§ 155-6. Purpose.

The purpose of this bylaw is for the preservation, protection and development of thehistorical or archaeological assets of the Town of Wenham.

§ 155-7. Historic District Commission to act as Historical Commission.

The Wenham Historic District Commission established under § 155-3 shall act also as theWenham Historical Commission under MGL c. 40, § 8D, and shall have all the powers andduties provided to historical commissions by said statute.

§ 155-8. Commission powers and duties.

The Historical Commission shall make such recommendations as it shall deem appropriate tothe Board of Selectmen on matters relating to the preservation, protection and development ofhistoric areas, buildings, structures and sites. In addition, to further its objectives, theCommission may hold hearings and do and perform any and all acts that may be necessary ordesirable to carry out the purposes of MGL c. 40, § 8D. Further, it may acquire in the name

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§ 155-9§ 155-8

of the Town by gift, purchase, grant, bequest, devise, and lease or otherwise the fee or lesserinterest in real or personal property of significant historical value and may manage the same.


In case any section, paragraph or part of this bylaw be for any reason declared invalid orunconstitutional by any court of competent jurisdiction, every other section, paragraph or partshall continue in full force and effect.

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11 X 17

BLACK & WHITE

REPLACEMENT PAGE

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Chapter 157

HOUSE NUMBERS

§ 157-1. Display of numbers required. § 157-2. Violations and penalties.

[HISTORY: Adopted by the Town Meeting of the Town of Wenham 5-9-1987 (formerCh. XVI). Amendments noted where applicable.]

§ 157-1. Display of numbers required.

All houses, businesses, and other buildings within the Town of Wenham shall conspicuouslydisplay street identification numbers to assist emergency vehicles, postal and deliveryvehicles to locate specific properties in the Town.

A. It shall be the duty of each owner or occupant to provide for the display of suchnumber in such a manner that it is visible from the street.

B. Said number shall be a minimum of three inches in height and contrasting in color.

C. In the event that the house, building or business is not visible from the street, thenumber shall be displayed on a post or mailbox which is visible from the street.


A. Upon notice of a violation, the Fire Chief or Chief of Police will notify the owner oroccupant in writing at the earliest convenience of either of the officials.

B. An owner or occupant shall have 30 days to correct such violation. If the owner oroccupant fails to place the numbers in the manner required by this bylaw within 30days, the penalty shall be a fine of $5 for each day the numbers are not displayed. If noaction is taken within 30 days of the written notice, the fine shall be retroactive to thedate of the written notice being issued.

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Chapter 165

JUNK, OLD METALS AND SECONDHAND ARTICLES

§ 165-1. License required.


§ 165-1. License required.

No person shall be a collector of, or a dealer in, junk, old metals or secondhand articles, or akeeper of a shop for the purchase, sale or barter of junk, old metals or secondhand articlesunless licensed therefor by the Board of Selectmen.

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Chapter 174

LICENSES AND PERMITS

§ 174-1. Authority to deny, suspend orrevoke license or permit.

§ 174-2. Procedure.

§ 174-3. Payment agreement.

§ 174-4. Waiver.


[HISTORY: Adopted by the Town Meeting of the Town of Wenham 4-2-2016 by Art. 11(former Ch. XXVI); amended 4-1-2017 ATM by Art. 15. Subsequent amendments notedwhere applicable.]

§ 174-1. Authority to deny, suspend or revoke license or permit.

The Town may, as authorized under the provisions of MGL c. 40, § 57, and this bylaw, denyany application for, or revoke or suspend a building permit, or any local license or permitincluding renewals and transfers issued by any board, officer, or department for any person,corporation or business enterprise, who has neglected or refused to pay any local taxes, fees,assessments, betterments or any other municipal charges, including amounts assessed underthe provisions of MGL c. 40, § 21D, or with respect to any activity, event or other matterwhich is the subject of such license or permit and which activity, event or matter is carriedout or exercised or is to be carried out or exercised on or about real estate whose owner hasneglected or refused to pay any local taxes, fees, assessments, betterments or any othermunicipal charges.


A. The Treasurer/Collector or other municipal official responsible for records of allmunicipal taxes, assessments, betterments and other municipal charges, hereinafterreferred to as the "Treasurer/Collector," shall annually, and may periodically, furnish toeach department, board, commission, or division, hereinafter referred to as the"licensing authority," that issues licenses or permits, including renewals and transfers, alist of any person, corporation, or business enterprise, hereinafter referred to as the"party," that has neglected or refused to pay any local taxes, fees, assessments,betterments or other municipal charges, and that has not filed in good faith a pendingapplication for an abatement of such tax or a pending petition before the Appellate TaxBoard.

B. The licensing authority may deny, revoke or suspend any license or permit, includingrenewals and transfers, of any party whose name appears on said list furnished to thelicensing authority from the Treasurer/Collector or with respect to any activity, event orother matter which is the subject of such license or permit and which activity, event ormatter is carried out or exercised or is to be carried out or exercised on or about realestate owned by any party whose name appears on said list furnished to the licensingauthority from the Treasurer/Collector; provided, however, that written notice is givento the party and to the Treasurer/Collector, as required by the applicable provisions of

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law, and the party is given a hearing, to be held not earlier than 14 days after saidnotice. Said list shall be prima facie evidence for denial, revocation or suspension ofsaid license or permit to any party. The Treasurer/Collector shall have the right tointervene in any hearing conducted with respect to such license denial, revocation orsuspension. Any findings made by the licensing authority with respect to such licensedenial, revocation or suspension shall be made only for the purposes of such proceedingand shall not be relevant to or introduced in any other proceeding at law, except for anyappeal from such license denial, revocation or suspension. Any license or permitdenied, suspended or revoked under this section shall not be reissued or renewed untilthe license authority receives a certificate issued by the Treasurer/Collector that theparty is in good standing with respect to any and all local taxes, fees, assessments, orother municipal charges payable to the municipality as of the date of the issuance ofsaid certificate.

§ 174-3. Payment agreement.

Any party shall be given an opportunity to enter into a payment agreement, thereby allowingthe licensing authority to issue a certificate indicating said limitations to the license or permitand the validity of said license or permit shall be conditioned upon the satisfactorycompliance with said agreement. Failure to comply with said agreement shall be grounds forthe suspension or revocation of said license or permit; provided, however, that the holder begiven notice and a hearing as required by applicable provisions of law.

§ 174-4. Waiver.

The Board of Selectmen may waive such denial, suspension or revocation if it finds that thereis no direct or indirect business interest by the property owner, its officers or stockholders, ifany, or members of their immediate family, as defined in MGL c. 268A, § 1, in the businessor activity conducted in or on said property


This bylaw shall not apply to the following licenses: open burning (MGL c. 48, § 13); salesor articles for charitable purposes (MGL c. 101, § 33); children's work permits (MGL c. 149,§ 69); clubs, associations dispensing food or beverage licenses (MGL c. 140, § 21E); doglicenses (MGL c. 140, § 137); fishing, hunting, or trapping (MGL c. 131, § 12); marriagelicenses (MGL c. 207, § 28); and theatrical events, public exhibitions (MGL c. 140, § 181).

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Chapter 186

PLEASANT POND

§ 186-1. Use of boats or other vessels.


§ 186-1. Use of boats or other vessels.

No person shall use or operate a boat or other vessel powered by an internal combustionengine on Pleasant Pond. This bylaw shall not apply to any emergency or life-savingoperation or personnel training carried out by or with the approval of the Police Department,Fire Department, or the Board of Selectmen.

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Chapter 189

POLICE DEPARTMENT

ARTICLE ISoliciting and Canvassing

§ 189-1. License required; exceptions.

§ 189-2. Definition.

§ 189-3. Application.

§ 189-4. Investigation and issuance.

§ 189-5. Enforcement; license nottransferable.

§ 189-6. Revocation of license.

§ 189-7. Expiration of license.

§ 189-8. Renewal of license.

§ 189-9. Misrepresentation.

§ 189-10. Trespassing prohibited.


ARTICLE IICivil Fingerprinting

§ 189-12. Purpose and scope.

§ 189-13. Criminal history checkauthorization.

§ 189-14. Use of criminal record bylicensing authorities.

§ 189-15. Fees.

§ 189-16. When effective.


ARTICLE ISoliciting and Canvassing

[Adopted 3-18-1961 (former Ch. V, § 9); amended 5-4-1991; 4-11-2015 by Art. 20; 4-1-2017 ATM by Art. 18]

§ 189-1. License required; exceptions.

It shall be unlawful for any solicitor or canvasser as defined in this bylaw to engage in suchbusiness within the Town without first obtaining a license therefor in compliance with theprovisions of this bylaw. The provisions of this bylaw shall not apply to any person exemptedunder Chapter 101 of the General Laws, or to any person duly licensed under Chapter 101 ofthe General Laws, or to any person exempted by any other General Law, nor shall this bylawbe construed to prevent route salesmen or other persons having established customers towhom they make periodic deliveries from calling upon such customers or from making callsupon prospective customers to solicit an order for future periodic route deliveries.

§ 189-2. Definition.

A "solicitor" or "canvasser" is defined as any person who, for themselves or for anotherperson, firm or corporation, travels by foot, automobile or any other type of conveyance fromplace to place, from house to house, or from street to street, taking or attempting to lease ortake orders for retail sale of goods, wares, merchandise, or services, including, withoutlimitation, the selling, distributing, exposing for sale or soliciting orders for magazines,

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books, periodicals or other articles of a commercial nature, the contracting of all homeimprovements, or for services to be performed in the future whether or not such individualhas, carries or exposes for retail sale a sample of the subject of such sale or whether he iscollecting advance payment on such retail sales. For the purpose of this bylaw, personsengaged in the pursuit of soliciting for charitable, benevolent, fraternal, religious, political orother noncommercial activities shall be exempt from the licensing requirements as set forth.

§ 189-3. Application.

A. Applicants for a license shall file with the Chief of Police, on a form issued by thePolice Department, a written application signed under the penalties of perjury,containing the following information:

(1) Name of applicant.

(2) Address of applicant (local and permanent home address).

(3) Applicant's height, weight, and eye and hair color.

(4) Applicant's social security number.

(5) The length of time for which the right to do business is desired.

(6) A brief description of the nature of the business and the goods to be sold.

(7) The name and home office address of the applicant's employer. If self-employed,it shall so state.

(8) A photograph of the applicant, which picture shall be submitted by the applicantand be two inches by two inches showing the head and shoulders of the applicantin a clear and distinguishing manner.

(9) If operating a motor vehicle, the year, make, model, motor vehicle registrationnumber, state of registration, vehicle's owner and owner's address.

B. At the time of filing the application, each applicant shall pay a fee of $20 and,beginning July 1, 2017, shall also be required to comply with the requirements ofArticle II, Civil Fingerprinting, of this chapter, including payment of the fee therefor.

§ 189-4. Investigation and issuance.

A. Upon receipt of the application, the Chief of Police shall investigate the applicant'sreputation as to morals and integrity.

B. After an investigation of the applicant's morals and integrity, but within seven businessdays of the filing of the application, the Chief of Police shall endorse on suchapplication his approval or disapproval. Failure of the Police Chief to act on saidlicense within seven business days of the applicant's filing shall constitute approval. Ifdisapproved, the applicant shall have the right of appeal to the Board of Selectmen, inwriting, within seven days of the denial by the Chief of Police. The Board of Selectmenmust act upon the appeal at one of its next two regularly scheduled meetings. Failure toso act shall be deemed approval.

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POLICE DEPARTMENT


§ 189-10§ 189-4

C. Such license when issued shall contain the signature of the Chief of Police or the Boardof Selectmen and shall show the name, address, and photograph of said licensee, thedate of issuance and length of time the same shall be operative, as well as the licensenumber. The Police Department shall keep a record of all licenses issued for a period ofsix years. Solicitors and canvassers when engaged in the business of soliciting orcanvassing are required to display an identifying badge issued by the PoliceDepartment, by wearing said badge on an outer garment. Each licensee is required topossess an individual license.

§ 189-5. Enforcement; license not transferable.

The police officers of the Town shall enforce this bylaw. No license shall be transferred.

§ 189-6. Revocation of license.

The Chief of Police is hereby vested with jurisdiction over the revoking of licenses. Anyperson aggrieved by revocation may appeal to the Board of Selectmen within seven businessdays, and a hearing will be scheduled for one of the next two regularly scheduled meetings ofthe Board of Selectmen.

§ 189-7. Expiration of license.

Each license issued under the provisions of this bylaw shall continue in force from the dateof its issue until the 31st day of December following, unless sooner revoked.

§ 189-8. Renewal of license.

A license issued under the provisions of this bylaw may be renewed by the Chief of Police.An applicant requesting a renewal of a license must apply in person for such license renewal,and provide such information as is required to obtain an initial license.

§ 189-9. Misrepresentation.

A. No solicitor or canvasser, licensed or exempted from license, may misrepresent, in anymanner, the buyer's right to cancel as stipulated by Chapters 93, 93A and 255D of theGeneral Laws.

B. No solicitor or canvasser, licensed or exempted from license, may use any plan, schemeor ruse which misrepresents the true status or mission of the person making the call inorder to gain admission to a prospective buyer's home, office, or other establishmentwith the purpose of making a sale of consumer goods or services.

§ 189-10. Trespassing prohibited.

No canvasser or solicitor shall enter the premises of a resident or business who has displayeda "no trespassing" or "no soliciting" sign or poster. Further, no canvasser or solicitor shall

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ignore a resident's or businessperson's no-solicitation directive or remain on private propertyafter its owner has indicated that the canvasser or solicitor is not welcome.


Any person violating any provision of this bylaw shall, upon conviction thereof, be punishedby a fine not to exceed $50 for each and every offense.

ARTICLE IICivil Fingerprinting

[Adopted 4-1-2017 ATM by Art. 16 (former Ch. V, § 17)]


A. This bylaw authorizes the Police Department to conduct state and national fingerprint-based criminal history checks for individuals applying for specific licenses in Town toenhance public safety, as authorized by Massachusetts General Laws Chapter 6, Section172B1/2. To carry out the criminal history checks authorized by this bylaw, the PoliceDepartment shall be authorized to use state and Federal Bureau of Investigation ("FBI")records; provided, however, that such records shall not be disseminated to unauthorizedentities and shall be maintained and disclosed in accordance with all applicable law.

B. The bylaw further authorizes the Board of Selectmen, in consultation with the Chief ofPolice, to promulgate regulations to implement this bylaw, which may include, but shallnot be limited to, establishment of submission deadlines, procedures for makingrecommendations to the licensing authority or making a licensing as a result of thecriminal history check, procedures for assessing, correcting or amending any suchrecord, criteria for fitness determinations, security of information obtained and penaltiesfor failure to comply with this bylaw.

§ 189-13. Criminal history check authorization.

A. The Police Department shall, as authorized by Massachusetts General Laws Chapter 6,Section 172B1/2, conduct state and federal fingerprint-based criminal history checks forindividuals and entities for the following licenses:

(1) Hawking and peddling or other door-to-door solicitors.

(2) Secondhand dealers.

(3) Ice cream truck vendors.

(4) Used car dealers.

(5) Managers of alcoholic beverage licenses.

B. At the time of fingerprinting, the Police Department shall notify the individual beingfingerprinted that the fingerprints will be used to check the individual's criminal historyrecords, and obtain the individual's consent. After the applicant completes a consent

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§ 189-15§ 189-13

form, provides his/her fingerprints and the appropriate fee, the Police Department shalltransmit the fingerprints it has obtained pursuant to this bylaw to the IdentificationSection of the Massachusetts State Police, the Massachusetts Department of CriminalJustice Information Services ("DCJIS"), and/or the FBI or the successors of suchagencies as may be necessary for the purpose of conducting fingerprint-based state andnational criminal records background checks for the license applicants specified in thisbylaw.

C. The Town authorizes the Massachusetts State Police, the DCIS and the FBI and theirsuccessors, as may be applicable, to conduct fingerprint-based state and nationalcriminal record background checks, including of FBI records, consistent with thisbylaw. The Town authorizes the Police Department to receive and utilize state and FBIrecords in connection with such background checks, consistent with this bylaw and itsimplementing regulations. In accordance with its implementing regulations, the PoliceDepartment shall communicate the results of fingerprint-based criminal recordbackground checks to the appropriate governmental licensing authority within theTown.

§ 189-14. Use of criminal record by licensing authorities.

A. Licensing authorities of the Town shall utilize the results of fingerprint-based criminalrecord background checks for the sole purpose of determining the suitability of thesubjects of the checks in connection with the license applications specified in thisbylaw. A Town licensing authority may deny an application for a license on the basisof the results of a fingerprint-based criminal record background check if it determinesthat the results of the check render the subject unsuitable for the proposed licensedactivity. The licensing authority shall consider all applicable laws, regulations andTown policies bearing on an applicant's suitability in making this determination.

B. Licensing authorities of the Town are hereby authorized to deny an application for anylicense specified herein and in the implementing regulations, including renewals andtransfers of said licenses, from any person who is determined unfit for the license dueto information obtained pursuant to this bylaw. Factors that shall be considered inmaking a determination of fitness shall include, but not be limited to, whether therecord subject has been convicted of, or is under pending indictment for, a crime thatbears upon the subject's ability or fitness to serve in that capacity, including any felonyor a misdemeanor that involved force or threat of force, possession of a controlledsubstance, or sex-related offense.

§ 189-15. Fees.

The fee charged by the Police Department for the purpose of conducting fingerprint-basedcriminal record background checks shall be $50 for each fingerprinting and criminal historycheck. A portion of the fee, as specified in Massachusetts General Laws Chapter 6, Section172B1/2, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund,and the remainder of the fee may be retained by the Town for costs associated with theadministration of the fingerprinting system.

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§ 189-16. When effective.

This Bylaw shall take effect after compliance with Massachusetts General Laws Chapter 40,Section 32 have been met.

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Chapter 210

STORMWATER MANAGEMENT

§ 210-1. Purpose.

§ 210-2. Definitions.


§ 210-4. Authority.


§ 210-6. Regulations.

§ 210-7. Prohibited activities.

§ 210-8. Exemptions.

§ 210-9. Emergency suspension of stormdrainage system access.

§ 210-10. Notification of spills.



[HISTORY: Adopted by the Town Meeting of the Town of Wenham 5-3-2008 (formerCh. XXIV). Amendments noted where applicable.]

§ 210-1. Purpose.

A. Increased and contaminated stormwater runoff is a major cause of impairment of waterquality and flow in lakes, ponds, streams, rivers, wetlands and groundwater;contamination of drinking water supplies; alteration or destruction of aquatic andwildlife habitat; and flooding.

B. The regulation of illicit connections and discharges to the municipal storm drain systemis necessary for the protection of the Town of Wenham's water bodies and groundwater,and to safeguard the public health, safety, welfare and the environment.

C. The purpose of this bylaw is to prevent pollutants from entering the Town of Wenham'smunicipal separate storm sewer system (MS4), require the removal of all such illicitconnections, comply with state and federal statutes and regulations relating tostormwater discharges, and to establish the legal authority to ensure compliance withthe provisions of this bylaw through inspection, monitoring, and enforcement.


As used in this bylaw, the following terms shall have the meanings indicated:

AUTHORIZED ENFORCEMENT AGENCY — The Board of Selectmen (hereinafter theBoard) or its employees, officers or agents designated to enforce this bylaw.

BEST MANAGEMENT PRACTICE (BMP) — An activity, procedure, restraint, or structuralimprovement that helps to reduce the quantity or improve the quality of stormwater runoff.

CLEAN WATER ACT — The federal Water Pollution Control Act (33 U.S.C. § 1251 etseq.), as hereafter amended.

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DISCHARGE OF POLLUTANTS — The addition from any source of any pollutant orcombination of pollutants into the municipal storm drain system or into the waters of theUnited States or Commonwealth of Massachusetts from any source.

GROUNDWATER — Water beneath the surface of the ground.

ILLICIT CONNECTION — A surface or subsurface drain or conveyance which allows anillicit discharge into the municipal storm drain system, including without limitation sewage,process wastewater, or wash water and any connections from indoor drains, sinks, or toilets,regardless of whether said connection was previously allowed, permitted, or approved beforethe effective date of this bylaw.

ILLICIT DISCHARGE — Direct or indirect discharge to the municipal storm drain systemthat is not composed entirely of stormwater, except as exempted in § 210-8. The term doesnot include a discharge in compliance with an NPDES stormwater discharge permit or asurface water discharge permit, or resulting from firefighting activities exempted pursuant to§ 210-8 of this bylaw.

IMPERVIOUS SURFACE — Any material or structure on or above the ground that preventswater infiltrating the underlying soil. Impervious surface includes without limitation roads,paved parking lots, sidewalks, and rooftops.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORMDRAIN SYSTEM — The system of conveyances designed or used for collecting orconveying stormwater, including any road with a drainage system, street, gutter, curb, inlet,piped storm drain, pumping facility, retention or detention basin, natural or man-made oraltered drainage channel, reservoir, and other drainage structure, that together comprise thestorm drainage system owned or operated by the Town of Wenham.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)STORMWATER DISCHARGE PERMIT — A permit issued by United States EnvironmentalProtection Agency or jointly with the state that authorizes the discharge of pollutants towaters of the United States.

NONSTORMWATER DISCHARGE — Discharge to the municipal storm drain system notcomposed entirely of stormwater.

PERSON or USER — An individual, partnership, association, firm, company, trust,corporation, agency, authority, department or political subdivision of the Commonwealth ofMassachusetts or the federal government, to the extent permitted by law, and any officer,employee, or agent of such person.

POLLUTANT — Any element or property of sewage, agricultural, industrial or commercialwaste, runoff, leachate, heated effluent, or other matter, whether originating at a point ornonpoint source, that is or may be introduced into any sewage treatment works or waters ofthe Commonwealth of Massachusetts. Pollutants shall include without limitation:

A. Paints, varnishes, and solvents;

B. Oil and other automotive fluids;

C. Non-hazardous liquid and solid wastes and yard wastes;

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§ 210-2§ 210-2

D. Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances,accumulations and floatables;

E. Pesticides, herbicides, and fertilizers;

F. Hazardous materials and wastes; sewage, fecal coliform and pathogens;

G. Dissolved and particulate metals;

H. Animal wastes;

I. Rock, sand, salt, soils;

J. Construction wastes and residues; and

K. Noxious or offensive matter of any kind.

PROCESS WASTEWATER — Water which, during manufacturing or processing, comesinto direct contact with or results from the production or use of any material, intermediateproduct, finished product, or waste product.

RECHARGE — The process by which groundwater is replenished by precipitation throughthe percolation of runoff and surface water through the soil.

STORMWATER — Stormwater runoff, snowmelt runoff, and surface water runoff anddrainage.

SURFACE WATER DISCHARGE PERMIT — A permit issued by the MassachusettsDepartment of Environmental Protection (DEP) pursuant to 314 CMR 3.00 that authorizesthe discharge of pollutants to waters of the Commonwealth of Massachusetts.

TOXIC OR HAZARDOUS MATERIAL OR WASTE — Any material which, because of itsquantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious orradioactive characteristics, either separately or in combination with any substance orsubstances, constitutes a present or potential threat to human health, safety, welfare, or to theenvironment. Toxic or hazardous materials include any synthetic organic chemical, petroleumproduct, heavy metal, radioactive or infectious waste, acid and alkali, and any substancedefined as toxic or hazardous under MGL c. 21C and 21E, and the regulations at 310 CMR30.000 and 310 CMR 40.0000.

WASTEWATER — Any sanitary waste, sludge, or septic tank or cesspool overflow, andwater that during manufacturing, cleaning or processing comes into direct contact with orresults from the production or use of any raw material, intermediate product, finishedproduct, by-product or waste product.

WATERCOURSE — A natural or man-made channel through which water flows or a streamof water, including a river, brook or underground stream.

WATERS OF THE COMMONWEALTH — All waters within the jurisdiction of theCommonwealth of Massachusetts, including, without limitation, rivers, streams, lakes, ponds,springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.

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1. Editor's Note: See MGL c. 43B, § 1 et seq.


This bylaw applies to any and all flows entering the municipally owned storm drainagesystem, stormwater discharges, and/or indirect stormwater discharges.


A. This bylaw is adopted under the authority granted by the Home Rule Amendment ofthe Massachusetts Constitution and the Home Rule Procedures Act,1 and pursuant to theregulations of the federal Clean Water Act found at 40 CFR 122.34.

B. Nothing in this bylaw is intended to replace the requirements or authority of any otherbylaw, state, federal or superseding authority.


The authorized enforcement agency shall administer, implement and enforce this bylaw. Anypowers granted to or duties imposed upon the authorized enforcement agency may bedelegated, in writing, by the authorized enforcement agency to employees, officers or agentsof the Town Administrator, Department of Public Works, Board of Health, ConservationCommission, Planning Board or other Town department.

§ 210-6. Regulations.

The authorized enforcement agency may promulgate rules and regulations to effectuate thepurposes of this bylaw. Failure by the authorized enforcement agency to promulgate suchrules and regulations shall not have the effect of suspending or invalidating this bylaw.

§ 210-7. Prohibited activities.

A. Illicit discharge. No person shall dump, discharge, cause or allow to be discharged anypollutant or nonstormwater discharge into the municipal storm drain system,watercourse, waters of the commonwealth or abutting property.

B. Illicit connection. No person shall construct, use, allow, maintain or continue anyconnection to the municipal storm drain system, regardless of whether the connectionwas permissible under applicable law, regulation or custom at the time of connection.

C. Obstruction of the municipal storm drain system. No person shall obstruct or interferewith the normal flow of stormwater into or out of the municipal storm drain systemwithout prior written approval from the Planning Board.

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§ 210-8§ 210-8

§ 210-8. Exemptions.

This bylaw shall not apply to any of the following nonstormwater discharges or flowsprovided that the source is not a significant contributor of a pollutant to the municipal stormdrain system:

A. Waterline flushing.

B. Flows from potable water sources.

C. Springs.

D. Natural flows from riparian habitats and wetlands.

E. Diverted stream flows.

F. Rising groundwater.

G. Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), oruncontaminated, pumped groundwater.

H. Uncontaminated groundwater discharge from a residential sump pump.

I. Water from exterior foundation drains, footing drains (not including active groundwaterdewatering systems, such as dewatering excavations for foundation or pipelines), crawlspace pumps, or air-conditioner condensation.

J. Discharges from landscape irrigation or lawn watering.

K. Water from individual residential car washing.

L. Discharges from dechlorinated swimming pool water (less than one part per millionchlorine), provided it is allowed to stand for one week prior to draining, or tested forchlorine levels with a pool test kit prior to draining, and the pool is drained in such away as to not cause a nuisance.

M. Discharges from street sweepers of minor amounts of water during operations.

N. Discharges or flows resulting from firefighting activities.

O. Dye testing, provided written notification is given to the authorized enforcement agencyprior to the time of the test, preferably at least 72 hours prior to the start of the testing.

P. Nonstormwater discharges permitted under a National Pollutant Discharge EliminationSystem (NPDES) permit, or waste discharge order administered under the authority ofthe United States Environmental Protection Agency, provided that the discharge is infull compliance with the requirements of the permit, waiver or order and applicablelaws and regulations.

Q. Discharges for which advanced written approval is received from the authorizedenforcement agency if necessary to protect public health, safety, welfare or theenvironment.

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§ 210-9. Emergency suspension of storm drainage system access.

A. The authorized enforcement agency may suspend municipal storm drain system accessto any person or property without prior written notice when such suspension isnecessary to stop an actual or threatened illegal discharge that presents or may presentimminent risk of harm to the public health, safety, welfare or the environment. In theevent any person fails to comply with an emergency suspension order, the authorizedenforcement agency may take all reasonable steps to prevent or minimize harm to thepublic health, safety, and welfare or the environment.

B. Any user that denies the authorized enforcement agency reasonable access to the user'spremises for the purpose of inspection, monitoring, records examination, or sampling ofnonstormwater or stormwater discharges is subject to discharge termination.

C. Any user notified of a suspension of its discharge shall immediately stop or eliminateits contribution. In the event of a user's failure to immediately comply voluntarily withthe suspension order, the authorized enforcement agency may take such steps asdeemed necessary, including immediate severance of the sewer or storm drainconnection, to prevent or minimize damage to the municipal storm drain system, itsreceiving stream, or endangerment to any individuals. The authorized enforcementagency may allow the user to recommence its discharge when the user hasdemonstrated to the satisfaction of the authorized enforcement agency that the period ofendangerment has passed.

§ 210-10. Notification of spills.

A. Notwithstanding any other requirements of local, state or federal law, as soon as anyperson responsible for a facility or operation, or responsible for emergency response fora facility or operation, has information of any known or suspected release of materialsat that facility or operation which is resulting or may result in illegal discharge ofpollutants, that person shall take all necessary steps to ensure containment, and cleanupof the release.

B. In the event of a release of oil or hazardous materials, the person shall immediatelynotify the Wenham Fire and Police Departments, Department of Public Works andBoard of Health. In the event of a release of nonhazardous material, said person shallnotify the Department of Public Works no later than the next business day. Writtenconfirmation of all telephone, facsimile or in-person notifications shall be provided tothe Department of Public Works within three business days thereafter.

C. If the discharge of prohibited materials is from a commercial or industrial facility, thefacility owner or operator of the facility shall retain on site a written record of thedischarge and the actions taken to prevent its recurrence. Such records shall be retainedfor at least three years.


A. The authorized enforcement agency or an authorized agent of the authorizedenforcement agency shall enforce this bylaw, regulations, orders, violation notices, andenforcement orders, and may pursue all civil and criminal remedies for such violations.

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§ 210-11§ 210-11

B. Civil relief. If a person violates the provisions of this bylaw, regulations, permit, notice,or order issued thereunder, the authorized enforcement agency may seek injunctiverelief in a court of competent jurisdiction, restraining the person from activities whichwould create further violations or compelling the person to perform abatement orremediation of the violation.

C. Orders. The authorized enforcement agency or an authorized agent of the authorizedenforcement agency may issue a written order to enforce the provisions of this bylaw orthe regulations thereunder, which may include:

(1) Elimination of illicit connections or discharges to the MS4;

(2) Performance of monitoring, analyses, and reporting;

(3) That unlawful discharges, practices, or operations shall cease and desist; and

(4) Remediation of contamination in connection therewith.

D. If the enforcing person determines that abatement or remediation of contamination isrequired, the order shall set forth a deadline by which such abatement or remediationmust be completed. Said order shall further advise that, should the violator or propertyowner fail to abate or perform remediation within the specified deadline, the Town ofWenham may, at its option, undertake such work, and expenses thereof shall becharged to the violator.

E. The violator and/or the property owner may appeal, in writing, to the authorizedenforcement agency for review of the enforcing person's order issued pursuant to§ 210-11C or D within seven days from issuance of the order. An appeal under thisprovision does not stay the obligation for compliance.

F. Within 30 days after completing all measures necessary to abate the violation or toperform remediation, the violator and/or the property owner will be notified of the costsincurred by the Town of Wenham, including administrative costs. The violator orproperty owner may file a written protest objecting to the amount or basis of costs withthe authorized enforcement agency within 30 days of receipt of the notification of thecosts incurred. If the amount due is not received by the expiration of the time in whichto file a protest or within 30 days following a decision of the authorized enforcementagency affirming or reducing the costs, or from a final decision of a court of competentjurisdiction, the costs shall become a special assessment against the property owner andshall constitute a lien on the owner's property for the amount of said costs. Interest shallbegin to accrue on any unpaid costs at the statutory rate provided in MGL c. 59, § 57,after the 31st day at which the costs first become due.

G. Criminal penalty. Any person who violates any provision of this bylaw, regulation,order or permit issued thereunder shall be punished by a fine of not more than $200.Each day or part thereof that such violation occurs or continues shall constitute aseparate offense.

H. Entry to perform duties under this bylaw. To the extent permitted by state law, or ifauthorized by the owner or other party in control of the property, the authorizedenforcement agency, its agents, officers, and employees may enter upon privatelyowned property for the purpose of performing their duties under this bylaw and

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regulations and may make or cause to be made such examinations, surveys or samplingas the authorized enforcement agency deems reasonably necessary.

I. Appeals. The decisions or orders of the authorized enforcement agency shall be final.Further relief shall be to a court of competent jurisdiction.

J. Remedies not exclusive. The remedies listed in this bylaw are not exclusive of anyother remedies available under any applicable federal, state or local law.


The provisions of this bylaw are hereby declared to be severable. If any provision, paragraph,sentence, or clause of this bylaw or the application thereof to any person, establishment, orcircumstances shall be held invalid, such invalidity shall not affect the other provisions orapplication of this bylaw.

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Chapter 215

STREETS AND SIDEWALKS

ARTICLE IGeneral Use Regulations

§ 215-1. Persons obstructing sidewalks.

§ 215-2. Throwing or shooting objectsand playing games on publicways.

§ 215-3. Dropping refuse on publicways.

§ 215-4. Dropping burning materials onpublic ways.

§ 215-5. Impoundment of vehiclesinterfering with snow removal.

§ 215-6. Depositing snow or ice onstreet or sidewalk.

ARTICLE IIRepair of Private Ways

§ 215-7. Authority to make temporaryrepairs.

§ 215-8. Petition by abutting propertyowners.

§ 215-9. Temporary emergency repairs.

§ 215-10. Town not liable for damageor defects.

§ 215-11. Status of way.


ARTICLE IGeneral Use Regulations

[Adopted 3-5-1945 (former Ch. V, §§ 1, 3, 5, 6, 7, 11 and 12); amended 12-30-1963]

§ 215-1. Persons obstructing sidewalks.

No persons shall remain assembled on any sidewalk in front of any church, dwelling house,or other building so as to obstruct passage along the same, or to impede or annoy otherpersons.

§ 215-2. Throwing or shooting objects and playing games on public ways.

No person shall throw stones, snowballs, sticks or other missiles, kick a football, play at anygame in which a ball is used, fly kites, or shoot with or use an air gun, bow and arrows,slingshots, or other similar devices on or across any public ways of this Town.

§ 215-3. Dropping refuse on public ways.

No person shall maliciously throw or drop any paper, paper container or other refuse on anypublic way in this Town.

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§ 215-4. Dropping burning materials on public ways.

No person shall maliciously throw or drop any flaming, smoldering or burning material froma vehicle of any kind on public ways in this Town.

§ 215-5. Impoundment of vehicles interfering with snow removal.

The Director of Public Works shall be authorized to remove or cause to be removed to aconvenient public garage any vehicle interfering with the removal or plowing of snow or ice,and the cost of such removal or storage charges, if any, resulting therefrom shall be paid bythe owner of the vehicle.

§ 215-6. Depositing snow or ice on street or sidewalk.

No persons shall play, push or throw any snow or ice onto any street or sidewalk of theTown unless it is immediately removed therefrom.

ARTICLE IIRepair of Private Ways

[Adopted 5-9-1987 (former Ch. XV); amended 5-13-1989]

§ 215-7. Authority to make temporary repairs.

The Town of Wenham is authorized to make temporary repairs on private ways pursuant toMGL c. 40, § 6, in accordance with the following bylaw.

§ 215-8. Petition by abutting property owners.

The owners of land that abuts a private way open to continuous public use for 10 years ormore may petition the Board of Selectmen, on a form to be provided by the Town, whichmust be signed by the owners of at least 80% of the parcels of land abutting such privateway, to have the Town make temporary emergency or general repairs to such private way. Ifthe Board of Selectmen determines that public necessity will be served thereby, it mayauthorize such repairs to be made by the Town, in accordance with the provisions of thisbylaw, upon the condition that the petitioning abutters agree to indemnify and hold the Townharmless for claims for personal and property injury resulting from any repairs performed bythe Town on or defects in such private way. A private way repaired pursuant to this bylawshall continue to be open to public use.

§ 215-9. Temporary emergency repairs.

If upon receipt of an abutter's petition the Board of Selectmen determines that public safetyor safe access by public service vehicles on the private way so requires, it may order thattemporary emergency repairs be made to the private way at the Town's expense. Suchtemporary emergency repairs shall be limited to the filling and patching of holes in thesurface of such private ways or the least expensive feasible correction to a defect in drainagewhich has caused a blockage of such private way.

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§ 215-11§ 215-10

1. Editor's Note: See MGL c. 41, § 81k et seq.

§ 215-10. Town not liable for damage or defects.

The Town shall not be liable on account of any damage caused by temporary emergencyrepairs or general repairs performed by the Town pursuant to this bylaw. The Town shall postwarning signs at the beginning of such private way that the Town is not responsible for anyrepairs to or defects in such way, and that members of the public use the same at their ownrisk.

§ 215-11. Status of way.

A. This bylaw does not confer any obligation or duty on the Town or its agents to eitherinitially place or to thereafter maintain and repair said private ways so that they arereasonably safe and convenient for travel by being free from defects or want of repair.

B. The making of such temporary repairs to private ways, no matter how often or to whatextent, does not constitute an acceptance by the Town of such private ways as publicways, nor does it constitute a way being "maintained and used as a public way" underthe Massachusetts Subdivision Control Law.1

C. Any private way repaired under the provisions of this bylaw need not be brought up tofull Town standards and may continue to remain a private way. Repaired private waysmay be brought to Town Meeting for acceptance as a public way by completing thesteps outlined in the Town’s street acceptance procedure, if any, adopted by the Boardof Selectmen, which may be amended from time to time, or otherwise as allowed bylaw.

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Chapter 236

VEHICLES AND TRAFFIC

ARTICLE IUnregistered Motor Vehicles

§ 236-1. Storage restricted.

§ 236-2. Permit.

§ 236-3. Exception for farm vehicles.


ARTICLE IIUse of Motor Vehicles, Snow Vehicles and

Recreation Vehicles

§ 236-5. Use in parks and other Town-owned property.

§ 236-6. Operation on private property.

§ 236-7. Hours of operation for snowvehicles.


ARTICLE IUnregistered Motor Vehicles

[Adopted 3-21-1970 (former Ch. V, § 13]

§ 236-1. Storage restricted.

The keeping of more than one unregistered motor vehicle, assembled or disassembled, exceptby a person licensed under MGL c. 140, § 59, on any premises shall not be permitted unlesssaid vehicles are stored within an enclosed building.

§ 236-2. Permit.

A. A permit to keep more than one unregistered motor vehicle on any premises not withinan enclosed building may be granted by the Board of Selectmen after a duly calledpublic hearing to which all abutters to the premises have received notice if the Boardfinds that such keeping:

(1) Is in harmony with the general purposes and intent of this bylaw;

(2) Will not adversely affect the neighborhood; and

(3) Will not be a nuisance.

B. All such permits shall limit the number of unregistered motor vehicles to be kept on thepremises by the permit holder, shall not run with the land, and shall be limited to areasonable length of time.

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§ 236-3. Exception for farm vehicles.

This bylaw shall not apply to motor vehicles which are designed for and used for farmingpurposes.


Whoever violates any provisions of this article of the bylaw shall be liable to a penalty of $5per day for each day of violation, commencing 10 days following the date of receipt ofwritten notice of such violation from the Board of Selectmen.

ARTICLE IIUse of Motor Vehicles, Snow Vehicles and Recreation Vehicles[Adopted 3-18-1972 (former Ch. V, § 14); amended 5-13-1978

§ 236-5. Use in parks and other Town-owned property.

No person shall use or operate a motor vehicle, trail bicycle, motor bicycle or similarmotorized vehicle which is eligible for registration under MGL c. 90B, or a snow vehicle orrecreation vehicle, as such terms are defined in MGL c. 90B, § 20, in any park or otherTown-owned property except public roads and streets without the prior written consent of theBoard of Selectmen, which shall first obtain consent of the Town board having theresponsibility for the management of such property. Any such consent shall be temporary innature, shall specify the period of time during which it is in force and shall only be grantedwhere the proposed use or operation will not, in the judgment of the boards granting thesame, be detrimental to the purpose for which such property is owned. Notwithstandinganything to the contrary hereinabove contained, parking areas established for use inconnection with such park or such other public property may be used for parking purposeswithout prior consent.

§ 236-6. Operation on private property.

No person shall use or operate any such vehicle described in § 236-5 on or over any privateproperty within the limits of the Town without the written consent of the owner of suchproperty.

§ 236-7. Hours of operation for snow vehicles.

No person shall operate a snow vehicle as described in § 263-5 for other than an emergencypurpose between the hours of 8:00 p.m. and 8:00 a.m.

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Chapter 242

WATER RESOURCES PROTECTION

§ 242-1. Purpose.

§ 242-2. Jurisdiction.


§ 242-4. Requests for determination andapplications for permits.

§ 242-5. Notice and hearings.

§ 242-6. Coordination with otherboards.

§ 242-7. Determinations, permits andconditions.

§ 242-8. Regulations and establishmentof fees.


§ 242-10. Security.



§ 242-13. Burden of proof.

§ 242-14. Appeals.

§ 242-15. Relation to WetlandsProtection Act.

[HISTORY: Adopted by the Town Meeting of the Town of Wenham 5-14-1988 (formerCh. XVIII); amended 5-2-1992; 5-6-2006; 5-3-2008; 5-1-2010. Subsequent amendmentsnoted where applicable.]

§ 242-1. Purpose.

A. The purpose of this bylaw is to maintain the quality of surface water and groundwater;to maintain the level of the groundwater table and water recharge areas for existing orpotential water supplies; to protect persons and property against the hazards offloodwater inundation; to protect and conserve natural features, resources, andamenities for the benefit and welfare of present and future citizens of the Town ofWenham.

B. This bylaw is intended to protect the water resources, wetlands, and adjoining areas inWenham by prior review and control of activities deemed by the ConservationCommission likely to have a significant or cumulative adverse effect upon thefollowing values: public or private water supply, groundwater, fisheries, wildlife,wildlife habitat, rare species habitat, water quality, agriculture, aquaculture, recreationand the prevention and control of flooding, erosion, sedimentation, storm damage, orpollution (collectively, the "resource area values protected by the bylaw"). This bylawis intended to utilize the Home Rule Authority of this Town to protect additionalresource areas, for additional values, with additional standards and procedures toaugment those of the Wetlands Protection Act, MGL c. 131, § 40, and regulationsthereunder, 310 CMR 10.00.

§ 242-2. Jurisdiction.

Except as permitted in writing by the Conservation Commission or as provided in this bylaw,no person shall remove, fill, dredge, discharge into, build upon, otherwise alter, pollute, ordegrade the following resource areas: any freshwater wetland as determined by vegetational

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community, soils composition or hydrologic regime, including any marsh, wet meadow, bog,or swamp; any vernal pool; any lake, stream, reservoir, river, or pond, whether intermittent orcontinuous, natural or man-made; land under such waters; bank or beach; land subject toflooding or inundation by groundwater, surface water or stormwater (collectively the"wetland resource areas protected by this bylaw"); or lands within 100 feet of any of theaforesaid resource areas (collectively the "adjacent upland resource areas protected by thisbylaw").


A. The application and permit required by this bylaw shall not be required for maintainingor repairing, but not substantially changing, relocating or enlarging, any existing orlawfully located structure or facility used in the service of the public to provideelectricity, gas, water, telephone, telegraph, or other telecommunication services,provided that, except in cases of public emergency, written notice and plan of work hasbeen given to the Commission at least 48 hours prior to commencement of work, andprovided that the work is performed in accordance with standards adopted inregulations promulgated under this bylaw.

B. The application and permit required by this bylaw shall not apply to any emergencyproject necessary for public health and safety, provided that the work is to beperformed by or has been ordered to be performed by an agency of the commonwealthor a political subdivision thereof; provided that notice, oral or written, has been givento the Commission or its agent within 24 hours after commencement; provided that theCommission or its agent certifies the work as an emergency project; provided that thework is performed only for the time and place certified by the Commission for thelimited purposes necessary to abate the emergency; and provided that within 21 days ofcommencement of an emergency project, a permit application shall be filed with theCommission for review as provided by this bylaw. Upon failure to meet these and otherrequirements of the Commission, the Commission may, after notice and a publichearing, revoke or modify an emergency project approval and order restoration andmitigation measures.

C. The application and permit required by this bylaw shall not be required for workperformed for the normal maintenance or improvement of lands in lawful, activeagricultural use, provided that the work conforms to performance standards and designspecifications in regulations adopted by the Commission. Other than as stated in thissection, the exceptions provided in the Wetlands Protection Act, MGL c. 131, § 40, andregulations, 310 CMR 10.00, shall not apply under this bylaw.

§ 242-4. Requests for determination and applications for permits.

A. Written application shall be filed with the Commission to perform activities affectingwetland and upland resource areas protected by this bylaw. The permit application shallinclude such information and plans as are deemed necessary by the Commission todescribe proposed activities and their potential effects on the resource areas protectedby this bylaw. No activities shall commence without receiving and complying with apermit issued pursuant to this bylaw.

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§ 242-5§ 242-4

B. Any person desiring to know whether or not a proposed activity or an area is subject tothis bylaw shall request, in writing, a determination from the Commission. Such requestfor determination shall contain data and plans as specified by regulations adopted underthis bylaw.

C. The Commission in an appropriate case may accept any request, application and plansfiled under MGL c. 131, § 40, as having also been filed under this bylaw. Anapplication for a permit or a request for determination shall be hand-delivered or sentby certified mail to the Commission. The Commission may reasonably request that aseparate submittal be made under this bylaw if concerns which may arise pursuant tothis bylaw are not addressed as part of the original submittal.

D. Where a permit is required hereunder in connection with the development of a large-scale ground-mounted solar photovoltaic installation pursuant to § 255-10.2 of Chapter255, Zoning, an application therefor shall be submitted simultaneously with anapplication for site plan review under said § 255-10.2. If a determination ofapplicability is sought, a request therefor shall be submitted and a determinationthereon rendered prior to submittal of an application for site plan review.

E. The applicant shall pay fees as specified in regulations adopted under this bylaw. Thefee is in addition to that required by the Wetlands Protection Act, MGL c. 131, § 40.The Commission may waive the fees, costs, and expenses for an application or requestfiled by a government agency, or if the project serves a public purpose as determinedby the Commission.

F. Upon receipt of a permit application or request for determination, the Commission isauthorized to require an applicant to pay a fee for the reasonable costs and expensesborne by the Commission for expert engineering and other consultant or legal services("consultant services") deemed necessary by the Commission to come to a finaldecision on the application. This fee is called the "consultant fee." The consultantservices may include, but are not limited to, performing or verifying the accuracy ofresource area survey and delineation; analyzing resource area functions and values,including wildlife habitat evaluations, hydrogeologic and drainage analysis; andresearching environmental or land use law.

G. The exercise of discretion by the Commission in making its determination to requirethe payment of a consultant fee shall be based upon its reasonable finding thatadditional information available through outside consultants is necessary for the makingof an objective decision. Any applicant aggrieved by the imposition of, or amount of,the consultant fee, or any act related thereto, may appeal according to the provisions ofthe Massachusetts General Laws. The consultant fee charged to reimburse theCommission for reasonable costs and expenses shall be based on the overall projectcosts and shall not exceed $15,000.

§ 242-5. Notice and hearings.

A. Any person filing a permit or other application or request for determination (RFD) withthe Commission shall give written notice, by certified mail (return receipt requested) orhand-delivered, to all abutters at their mailing addresses shown on the most recentapplicable tax list of the Assessors, including owners of land directly opposite on any

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public or private street or way or across a body of water (within 300 feet of theboundaries of the locus of the proposed project or within 100 feet of the property lineon which the project is to be carried out, whichever is greater), including any in anothermunicipality. The Commission may at its own discretion request that additional partieswho may be affected by the proposed project (including but not necessarily limited tothose affected by or through changes in surface water runoff patterns, impact on thegroundwater table, etc.) be notified according to the procedures established for abuttersas described above. The notice to abutters shall have enclosed a copy of the permitapplication or request, with plans, or shall state where copies may be examined andobtained by abutters. An affidavit of the person providing such notice, with a copy ofthe notice mailed or delivered, shall be filed with the Commission. The Commissionshall conduct a public hearing on any permit application, abbreviated notice of resourcearea delineation (ANORAD), or RFD, with written notice given at the expense of theapplicant, five business days prior to the hearing, in a newspaper of general circulationin Wenham.

B. The Commission shall commence the public hearing within 21 days from receipt of acompleted permit application, ANORAD, or RFD unless an extension is authorized, inwriting, by the applicant or unless a hearing is delayed beyond 21 days by conditionsbeyond the reasonable control of the Commission, in which case the hearing will beheld as soon as reasonably possible. The Commission shall have the authority tocontinue the hearing to a specific date announced at the hearing for reasons stated at thehearing, which may include the need for additional information from the applicant orfrom others as deemed necessary by the Commission, in its discretion, to solicit orrespond to comments and recommendations of the boards and officials listed in thefollowing section. In the event the applicant objects to a continuance or postponement,the hearing shall be closed and the Commission shall take action on such informationas is available.

C. The Commission shall issue its permit, other order, or determination in writing within21 days of the close of the public hearing thereon unless an extension is authorized, inwriting, by the applicant. When a person requesting a determination is other than theowner, the request, the notice of the hearing and the determination itself shall be sentby the Commission to the owner as well as to the person making the request.

D. So as to comply with Section 22 of the Green Communities Act, amending MGL c.25A, § 10(c), the review of a permit application made hereunder in connection with thedevelopment of a large-scale ground-mounted solar photovoltaic installation, asaforesaid, shall be expedited and a decision thereon shall be rendered no later than oneyear from the date of submittal thereof. Determinations of applicability shall be madeexpeditiously, so as not to delay application for site plan review pursuant to § 255-10.2of Chapter 255, Zoning, and/or for a permit hereunder.

E. The Commission shall combine its hearing under this bylaw with the hearings oncombined applications for a 401 Water Quality Certification and/or Chapter 91 licensein accordance with the Wetlands Protection Act, MGL c. 131, § 40, and the provisionsset forth in 310 CMR 10.00 et seq.

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§ 242-7§ 242-6

§ 242-6. Coordination with other boards.

A. The Conservation Commission may choose to solicit the advice and opinions of otherTown boards and officials in the course of its deliberations. Town boards and officialsshall be entitled to file written comments and recommendations with the Commission ator before the public hearing. The Commission shall take any such comments andrecommendations into account but shall not be bound by them. The applicant shall havethe right to receive any comments and recommendations, and will be given theopportunity to respond to them at a hearing of the Commission, prior to final action.

B. Any application for a permit or determination shall at the same time be mailed ordelivered to the Board of Selectmen, Planning Board, Zoning Board of Appeals, Boardof Health and Building Inspector.

§ 242-7. Determinations, permits and conditions.

A. If the Conservation Commission, after a public hearing, determines that the activitieswhich are subject to the permit application, or the land and water uses which will resulttherefrom, are likely to have a significant or cumulative adverse effect upon theresource area values protected by this bylaw, the Commission, within 21 days of theclose of the hearing, shall issue or deny a permit for the activities requested. If it issuesa permit, the Commission shall impose conditions which the Commission deemsnecessary or desirable to protect those values, and all activities shall be done inaccordance with those conditions. The Commission shall take into account the adverseeffects of loss, degradation, isolation, and replication of protected resource areasthroughout the community and the watershed resulting from past activities, permittedand exempt, and foreseeable future activities.

B. Where no conditions are adequate to protect those resource values, the Commission isempowered to deny a permit for failure to meet the requirements of this bylaw. It mayalso deny a permit for failure to submit necessary information and plans requested bythe Commission; for failure to meet the design specifications, performance standards,and other requirements in regulations of the Commission; or for failure to avoid orprevent unacceptable effects upon the resource area values protected by this bylaw. Dueconsideration shall be given to any demonstrated hardship on the applicant by reason ofdenial, as presented at the public hearing.

C. Lands within 200 feet of rivers, ponds and lakes, and lands within 100 feet of otherresource areas are presumed important to the protection of these resources becauseactivities undertaken in close proximity to resource areas have a high likelihood ofadverse impact upon the wetland or other resource areas, either immediately, as aconsequence of construction, or over time, as a consequence of daily operation orexistence of the activities. These adverse impacts from construction and use caninclude, without limitation, erosion, siltation, loss of groundwater recharge, poor waterquality, and loss of wildlife habitat. The Commission may therefore establishperformance standards for protection of such lands, including, without limitation, stripsof continuous, undisturbed vegetative cover within the 200-foot or 100-foot area, orother form of work limit or setback to buildings, roads, landscaping and other features,unless the applicant convinces the Commission that the area or part of it may be

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disturbed without harm to the values protected by the bylaw. The specific size and typeof protected area may be established by regulations of the Commission.

D. In the review of areas within 200 feet of rivers, ponds and lakes, no permit issuedhereunder shall permit any activities unless the applicant, in addition to meeting theotherwise applicable requirements of this bylaw, has proved by a preponderance of theevidence that there is no practicable alternative to the proposed project with lessadverse effects, and that such activities, including proposed mitigation measures, willhave no significant adverse impact on the areas or values protected by this bylaw. TheCommission shall regard as practicable an alternative which is reasonably available andcapable of being done after taking into consideration the proposed property use, overallproject purpose (e.g., residential, institutional, commercial, or industrial purpose),logistics, existing technology, costs of the alternatives, and overall project costs.

E. To prevent wetlands loss, the Commission shall require applicants to avoid wetlandsalteration wherever feasible; shall minimize wetlands alteration; and, where alteration isunavoidable, shall require full mitigation which shall include, at a minimum, completereplacement or restoration of the lost wetlands. The Commission may authorize orrequire replication of wetlands as a form of mitigation, but only with adequate security,professional design, and monitoring to assure success, because of the high likelihood offailure of replication.

F. The Commission may require a wildlife habitat study of the project area, to be paid forby the applicant, whenever it deems appropriate, regardless of the type of resource areaor the amount or type of alteration proposed. The decision shall be based upon theCommission's estimation of the importance of the habitat area considering (but notlimited to) such factors as proximity to other areas suitable for wildlife, importance ofwildlife corridors in the area, or possible presence of rare species in the area. The workshall be performed by an individual who at least meets the qualifications set out in thewildlife habitat section of the Wetlands Protection Act regulations (310 CMR 10.60).

G. The Commission shall presume that all areas meeting the definition of "vernal pools"under § 242-9 of this bylaw, including the adjacent area, perform essential habitatfunctions. This presumption may be overcome only by the presentation of credibleevidence which, in the judgment of the Commission, demonstrates that the basin ordepression does not provide essential habitat functions. Any formal evaluation shouldbe performed by an individual meeting the qualifications under 310 CMR 10.60.

H. A permit shall expire three years from the date of issuance. Notwithstanding the above,the Commission in its discretion may issue a permit expiring five years from the dateof issuance for recurring or continuous maintenance work, provided that annualnotification of time and location of work is given to the Commission. Any permit maybe renewed once for an additional one-year period, provided that a request for arenewal is received, in writing, by the Commission not less than 30 days prior toexpiration. Notwithstanding the above, a permit may identify requirements which shallbe enforceable for a stated number of years, indefinitely, or until permanent protectionis in place, and shall apply to all owners of the land.

I. For good cause the Commission may revoke any permit, other order, determination orother decision issued under this bylaw after notice to the holder of the permit, thepublic, abutters, and Town boards, pursuant to §§ 242-5 and 242-6, and a public

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§ 242-9§ 242-7

1. Editor's Note: See Ch. 500, Water Resources Protection Regulations.

hearing. Amendments to permits or determinations shall be handled in the manner setout in the Wetlands Protection Act regulations and policies thereunder.

J. The Commission in an appropriate case may combine the decision issued under thisbylaw with the order of conditions, order of resource area delineation (ORAD),determination of applicability or certificate of compliance issued under the WetlandsProtection Act and 310 CMR 10.00 et seq.

K. No work proposed in any application shall be undertaken until an appeal period of 10business days from the date of issuance of the permit, ORAD or determination by theCommission has elapsed and said permit, ORAD, or determination has been recorded inthe registry of deeds or, if the land affected is registered land, in the registry section ofthe land court for the district wherein the land lies, and until the holder of the permitcertifies, in writing, to the Commission that the document has been recorded. If theapplicant fails to perform, the Commission may record the documents itself or issue anenforcement order.

§ 242-8. Regulations and establishment of fees.1

After public notice and public hearing, the Commission may promulgate or amend rules andregulations to accomplish the purposes of this bylaw and may establish a schedule of filingfees and consultant fees to be paid by persons making requests for determinations orapplications for permits hereunder, effective when approved by majority vote of theCommission and filed with the Town Clerk. Failure by the Commission to promulgate suchrules and regulations or a legal declaration of their invalidity by a court of law shall not act tosuspend or invalidate the effect of this bylaw.


A. The following definitions shall apply in the interpretation and implementation of thisbylaw:

ADJACENT UPLAND RESOURCE AREA — Includes all lands with 100 feet ofwetland resource areas as enumerated in § 242-2, except for perennial streams and riversfor which the adjacent upland resource area extends for 200 feet from the top of bank,and except for vernal pools and ponds under 10,000 square feet in area for which specialadjacent upland resource area definitions are described below.

AGRICULTURE — Any work which produces food or other products for commerce orsubsistence which occurs in, on, or within 100 feet of a resource area or which is directlyor indirectly dependent upon wetlands values for proper agricultural functions, such asprevention of pollution or maintenance of adequate water flow for irrigation. Agricultureincludes, but is not limited to, the growing of crops, including cranberries, and the raisingof livestock. Nonagricultural activities in or within 100 feet of resource areas shall nothave a significant effect on existing agriculture.

ALTER — Includes, without limitation, the following activities when undertaken to,upon, within or affecting resource areas protected by this bylaw:

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(1) Removal, excavation, or dredging of soil, sand, gravel, or aggregate materials ofany kind.

(2) Changing of preexisting drainage characteristics, flushing characteristics, salinitydistribution, sedimentation patterns, flow patterns, or flood-retentioncharacteristics.

(3) Drainage or other disturbance of water level or water table.

(4) Dumping, discharging, or filling with any material which may degrade orotherwise impact water quality.

(5) Placing of fill, or removal of material, which would alter elevation.

(6) Driving of piles, erection, expansion or repair of buildings, or structures of anykind.

(7) Placing of obstructions or objects in water.

(8) Destruction of plant life, including cutting or trimming of trees and shrubs.

(9) Changing temperature, biochemical oxygen demand, or other physical, biological,or chemical characteristics of any waters.

(10) Any activities, changes, or work which may cause or tend to contribute to pollutionof any body of water or groundwater (including the application of pesticides andherbicides).

(11) Incremental activities which have, or may have, a cumulative adverse impact onthe resource areas protected by this bylaw.

(12) Placing of materials which have a reasonable likelihood of contributing to pollutionor of impacting water quality through surface runoff, groundwater infiltration orairborne transport, including but not limited to yard and landscaping wastes anddebris, slash, soils and sediments, wood chips, mulch, grit, gravel or other organicand inorganic materials.

AQUACULTURE — The growing, raising, breeding, storing, or producing of specifiedaquatic or marine organisms at specified locations for commercial, municipal, orscientific purposes as approved by appropriate agencies. Organisms in aquacultural useinclude, but are not limited to: shellfish, such as oysters, quahogs, clams, lobsters,mussels, scallops and crabs; finfish, such as trout, eel, herring, salmon, smelt and bass;amphibians, such as frogs; reptiles, such as turtles; seaweeds, such as Irish moss anddulse; edible freshwater plants, such as watercress; and plankton grown as a food sourcefor other organisms. Activities in or within 100 feet of a resource area shall not have asignificant effect on existing permitted aquaculture.

BANK — Includes the land area which normally abuts and confines a water body, thelower boundary being the mean annual low flow level and the upper boundary being thefirst observable break in the slope or the mean annual flood level, whichever is higher.

PERSON — Includes any individual, group of individuals, association, partnership,corporation, company, business organization, trust, estate, the commonwealth or politicalsubdivision thereof to the extent subject to Town bylaws, administrative agency, public

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§ 242-10§ 242-9

or quasi-public corporation or body, this municipality, and any other legal entity, its legalrepresentatives, agents, or assigns.

POND — Shall follow the definition of 310 CMR 10.04 except that the size threshold of10,000 square feet shall not apply.

RARE SPECIES — Includes, without limitation, all vertebrate and invertebrate animaland all plant species listed as endangered, threatened, or of special concern by theMassachusetts Division of Fisheries and Wildlife, regardless of whether the site in whichthey occur has been previously identified by the Division.

RECREATION — Any leisure activity or sport taking place in, on, or within 100 feet ofa resource area which is dependent on the resource area and its values directly orindirectly for its conduct and enjoyment. Recreational activities include, but are notlimited to, the following: noncommercial fishing and shellfishing, hunting, boating,swimming, walking, painting, bird-watching and aesthetic enjoyment. Structures andactivities in or within 100 feet of a resource area shall not have a significant effect onpublic recreational values.

VERNAL POOL — Includes, in addition to scientific definitions found in the regulationsunder the Wetlands Protection Act, any confined basin or depression not occurring inexisting lawns, gardens, landscaped areas or driveways which, at least in most years,holds water for a minimum of two continuous months during the spring and/or summer,contains at least 150 cubic feet of water (approximately 1,000 gallons) at some timeduring most years, is free of adult predatory fish populations, and provides essentialbreeding and rearing habitat functions for amphibian, reptile or other vernal poolcommunity species, regardless of whether the site has been certified by theMassachusetts Division of Fisheries and Wildlife. The boundary of the resource area forvernal pools shall be 100 feet outward from the mean annual high-water line defining thedepression, but shall not include existing lawns, gardens, or landscaped or developedareas.

B. Except as otherwise required by this bylaw or regulations promulgated thereunder,definitions and regulations set forth in MGL c. 131, § 40, and 310 CMR 10.00 effectiveNovember 1987, as amended from time to time, shall apply.

§ 242-10. Security.

As part of a permit issued under this bylaw, in addition to any security required by any othermunicipal or state board, agency, or official, the Commission may require that theperformance and observance of the conditions imposed thereunder (including conditionsrequiring mitigation work) be secured wholly or in part by one or more of the methodsdescribed below:

A. By a proper bond or deposit of money or negotiable securities or other undertaking offinancial responsibility sufficient in the opinion of the Commission and payable to theTown of Wenham, to be released in whole or in part upon issuance of a certificate ofcompliance for work performed pursuant to the permit.

B. By accepting a conservation restriction, easement, or other covenant enforceable in acourt of law, executed and duly recorded by the owner of record, running with the land

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to the benefit of this municipality whereby the permit conditions shall be performedand observed before any lot may be conveyed, unless postponement of the execution isdue to circumstances beyond the reasonable control of the applicant and delays inconveyance would impose an unreasonable burden on the applicant. This method shallbe used only with the consent of the applicant.


A. No person shall remove, fill, dredge, build upon, degrade, or otherwise alter resourceareas protected by this bylaw, or cause, suffer, or allow such activity, or leave in placeunauthorized fill, or otherwise fail to restore illegally altered land to its originalcondition, or fail to comply with a permit or an enforcement order issued pursuant tothis bylaw.

B. The Commission and its agents shall have the authority to enter upon privately ownedland for the purpose of performing their duties under this bylaw and may make orcause to be made such examinations, surveys or sampling as the Commission deemsnecessary, subject to the Constitutions and laws of the United States and theCommonwealth.

C. Any person who violates the provisions of this bylaw may be ordered to restore theproperty to its original condition and take other action deemed necessary to remedysuch violations, or may be fined, or both.


The invalidity of any section or provision of this bylaw shall not invalidate any other sectionor provision thereof, nor shall it invalidate any permit or determination which previously hasbeen issued.

§ 242-13. Burden of proof.

The applicant for a permit shall have the burden of proving by a preponderance of credibleevidence that the work proposed in the permit application will not have unacceptablesignificant or cumulative effect upon the resource area values protected by this bylaw. Failureto provide adequate evidence to the Commission supporting this burden shall be sufficientcause for the Commission to deny a permit or grant a permit with conditions.

§ 242-14. Appeals.

A decision of the Commission shall be reviewable in the Superior Court in accordance withMGL c. 249, § 4.

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§ 242-15§ 242-15

§ 242-15. Relation to Wetlands Protection Act.

This bylaw is adopted under the Home Rule Amendment of the Massachusetts Constitutionand the Home Rule statutes, independent of the Wetlands Protection Act, MGL c. 131, § 40,and regulations 310 CMR 10.00 thereunder.

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Chapter 246

WATER USE RESTRICTIONS


§ 246-2. Purpose.


§ 246-4. Declaration of state of watersupply conservation.

§ 246-5. Restricted water uses.

§ 246-6. Public notification of state ofwater supply conservation.

§ 246-7. Termination of state of watersupply conservation; notice.

§ 246-8. State of water supplyemergency; compliance withDEP orders.


[HISTORY: Adopted by the Town Meeting of the Town of Wenham 5-4-1996 (formerCh. XXI); amended 5-5-2007; 5-3-2008. Subsequent amendments noted whereapplicable.]


This bylaw is adopted by the Town of Wenham under its police powers to protect publichealth and welfare and its powers under MGL c. 40, § 21 et seq., and implements the Town'sauthority to regulate water use pursuant to MGL c. 41, § 69B. This bylaw also implementsthe Town's authority under MGL c. 40, § 41A, conditioned upon a declaration of watersupply emergency issued by the Massachusetts Department of Environmental Protection.

§ 246-2. Purpose.

The purpose of this bylaw is to protect, preserve and maintain the public health, safety andwelfare whenever there is in force a state of water supply conservation or state of watersupply emergency by providing for enforcement of any duly imposed restrictions,requirements, provisions or conditions imposed by the Town or by the MassachusettsDepartment of Environmental Protection.



PERSON — Any individual, corporation, trust, partnership or association, or other entity.

STATE OF WATER SUPPLY CONSERVATION — A state of water supply conservationdeclared by the Town of Wenham Water Commissioners pursuant to § 246-4 of this bylaw.

STATE OF WATER SUPPLY EMERGENCY — A state of water supply emergencydeclared by the Massachusetts Department of Environmental Protection under MGL c. 21G,§§ 15 to 17.

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WATER USERS or WATER CONSUMERS — All public and private users of the Town ofWenham's public water system and/or of groundwater within the borders of the Town ofWenham and extracted from the Ipswich River watershed. The restrictions shall apply to allwater used in the Town of Wenham, to include Town water and water supplied by privatewells, irrespective of any person's responsibility for billing purposes for water used at anyparticular facility. Seasonal restrictions shall prohibit outdoor watering through a sprinkler orlawn irrigation system between the hours of 9:00 a.m. and 5:00 p.m. between May 1 andSeptember 30 of each year, using Town water or private well water.

§ 246-4. Declaration of state of water supply conservation.

The Town of Wenham, through its Board of Water Commissioners, may declare a state ofwater supply conservation upon determination by a majority vote of the Board that a shortageof water exists and conservation measures are appropriate to ensure an adequate supply ofwater to all consumers, to include firefighting operations, and to ensure compliance with theMassachusetts Department of Environmental Protection's permitted and registeredwithdrawals. Public notice of a state of water supply conservation shall be given under § 246-6 of this bylaw before it may be enforced.

§ 246-5. Restricted water uses.

A declaration of a state of water supply conservation shall include one or more of thefollowing restrictions, conditions, or requirements limiting the use of water as necessary toprotect the water supply. The applicable restrictions, conditions or requirements shall beincluded in the public notice required under § 246-6.

A. Odd/even day outdoor watering. Outdoor watering by water users with odd-numberedaddresses is restricted to odd-numbered days. Outdoor watering by water users witheven-numbered addresses is restricted to even-numbered days.

B. Outdoor watering ban. Outdoor watering, including but not limited to use of water forirrigation and automobile, property and building washing, is prohibited.

C. Outdoor watering hours. Outdoor watering is permitted only during daily periods oflow demand, to be specified in the declaration of a state of water supply conservationand public notice thereof.

D. Rain/moisture sensors. All new automatic irrigation systems shall have a moisture orrain sensor installed as part of the system to prevent unnecessary watering. All existingautomatic irrigation systems shall have a moisture or rain sensor installed as part of thesystem.

E. Filling swimming pools. Filling of swimming pools is prohibited.

F. Outdoor sprinkler use. The use of lawn and garden sprinklers of all types, including theuse of automatic sprinkler systems, is prohibited. Hand watering is permitted.

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§ 246-9§ 246-6

§ 246-6. Public notification of state of water supply conservation.

Notification of any provision, restriction, requirement or condition imposed by the Town aspart of a state of water supply conservation shall be published in a newspaper of generalcirculation within the Town, by mail, or by such other means reasonably calculated to reachand inform all users of water of the state of water supply conservation. Any restrictionimposed under § 246-5 shall not be effective until such notification is provided. Notificationof the state of water supply conservation shall also be simultaneously provided to theMassachusetts Department of Environmental Protection.

§ 246-7. Termination of state of water supply conservation; notice.

A state of water supply conservation may be terminated by a majority vote of the Board ofWater Commissioners, upon determination that the water supply shortage no longer exists.Public notification of the termination of a state of water supply conservation shall be given inthe same manner required by § 246-6.

§ 246-8. State of water supply emergency; compliance with DEP orders.

Upon notification to the public that a declaration of a state of water supply emergency hasbeen issued by the Department of Environmental Protection, no person shall violate anyprovision, restriction, requirement, or condition of any order approved or issued by theDepartment intended to bring about an end to the state of emergency.


The invalidity of any portion or provision of this bylaw shall not invalidate any other portionor provision thereof.

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DIVISION 2

ZONING BYLAW

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Chapter 255

ZONING

ARTICLE 1Purpose, Authority, and Scope

§ 255-1.1. Purpose.

§ 255-1.2. Authority.

§ 255-1.3. Scope.

§ 255-1.4. Applicability.

§ 255-1.5. Amendments.

§ 255-1.6. Severability.

ARTICLE 2Terminology

§ 255-2.1. Word usage.

§ 255-2.2. Definitions.

ARTICLE 3Districts

§ 255-3.1. Primary districts.

§ 255-3.2. Overlay and other specialdistricts.

§ 255-3.3. Zoning Map.

§ 255-3.4. Interpretation of ZoningMap.

ARTICLE 4Use Regulations

§ 255-4.1. Table of Use Regulations.

§ 255-4.2. Principal uses.

§ 255-4.3. Accessory uses.

§ 255-4.4. Nonconforming uses andstructures.

ARTICLE 5Dimensional Requirements

§ 255-5.1. Table of DimensionalRequirements.

§ 255-5.2. Special requirements.

ARTICLE 6Parking and Loading Requirements

§ 255-6.1. Table of ParkingRequirements.

§ 255-6.2. Special requirements:residential.

§ 255-6.3. Special requirements:nonresidential.

§ 255-6.4. Loading requirements.

ARTICLE 7Signs

§ 255-7.1. Purpose.

§ 255-7.2. District regulations.

§ 255-7.3. General standards for signs.

§ 255-7.4. Illuminated signs.

§ 255-7.5. Moving signs.

§ 255-7.6. Maintenance.

§ 255-7.7. Removal of existing signs.

§ 255-7.8. Special permit.

§ 255-7.9. Administration and penalties.

ARTICLE 8Landscaping Requirements

§ 255-8.1. Applicability; purpose.

§ 255-8.2. Coordination with site planapproval.

§ 255-8.3. General landscapingrequirements.

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§ 255-8.4. Planted area requirements.

§ 255-8.5. Maintenance of landscapedareas.

§ 255-8.6. Reduction in requirements byspecial permit.

ARTICLE 9Additional Performance Standards

§ 255-9.1. General.

§ 255-9.2. Noise.

§ 255-9.3. Erosion control.

§ 255-9.4. Outdoor lighting.

§ 255-9.5. Nuisance.

§ 255-9.6. Interference.

§ 255-9.7. Flammable or explosivesubstances.

§ 255-9.8. Pests.

ARTICLE 10Special Regulations

§ 255-10.1. Soil stripping, earth removaland grading.

§ 255-10.2. Large-scale ground-mountedsolar photovoltaicinstallations.

ARTICLE 11Special Residential Regulations

§ 255-11.1. Flexible development.

ARTICLE 12Overlay and Special Districts

§ 255-12.1. Aquifer Protection OverlayDistrict (APOD).

§ 255-12.2. Floodplain Overlay District(FPOD).

§ 255-12.3. Senior Housing OverlayDistrict (SHOD).

§ 255-12.4. Personal wireless servicefacilities.

§ 255-12.5. Independent Living OverlayDistrict (ILOD).

ARTICLE 13Administration

§ 255-13.1. Office of the BuildingInspector.

§ 255-13.2. Zoning Board of Appeals.

§ 255-13.3. Planning Board.

§ 255-13.4. Special permits.

§ 255-13.5. Site plan review.

§ 255-13.6. Variance.

§ 255-13.7. Site plan review for certaininstitutional and exemptuses.

Appendix A, History ofChanges

Appendix B, PersonalWireless Overlay Parcels

1. Editor's Note: For a list of amendments adopted between 1947 and 2015, see Appendix A, History of Changes,included as an attachment to this chapter.

[HISTORY: Adopted by the Town Meeting of the Town of Wenham 3-3-1947, asamended through 4-11-2015.1 Subsequent amendments noted where applicable.]

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ZONING


§ 255-1.5§ 255-1.1

2. Editor's Note: Amendment pending.


ARTICLE 1Purpose, Authority, and Scope

§ 255-1.1. Purpose.

These regulations are enacted to promote the general welfare of the Town of Wenham, toprotect the health, safety and quality of life of its inhabitants; encourage the most appropriateuse of land throughout the Town; preserve the cultural, historical, aesthetic, environmentalawareness and agricultural heritage of the community; increase the amenities of the Town;and reduce the hazard from fire by regulating the location and use of buildings and the areaof open space around them, all as authorized by, but not limited to, the provisions of theZoning Act, MGL c. 40A, as amended, Section 2A of 1975 Mass. Acts 808, and by Article89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.

§ 255-1.2. Authority.

This Zoning Bylaw is enacted in accordance with the provisions of MGL c. 40A and any andall amendments thereto.

§ 255-1.3. Scope.2

For these purposes, the placement, construction, repair, alteration, reconstruction, height,number of stories, and size of buildings and structures, the size and width of lots, frontage,the percentage of lot area that may be occupied, the size of yards, courts, and other openspaces, the density of population, the location and use of buildings and structures, and the useof land in the Town are regulated as hereinafter provided.

§ 255-1.4. Applicability.3

Unless specifically exempted in this bylaw, all buildings or structures hereafter erected,reconstructed, altered, enlarged, or moved, and the use of all premises in the Town, shall bein conformity with the provisions of the Zoning Bylaw. No building, structure, or land shallbe used for any purpose or in any manner other than is expressly permitted within the districtin which such building, structure or land is located. Where the application of this bylawimposes greater restrictions than those imposed by any other regulations, permits, restrictions,easements, covenants, or agreements, the provisions of this bylaw shall control.

§ 255-1.5. Amendments.

This bylaw may from time to time be changed by amendment, addition, or repeal by theTown Meeting in the manner provided in MGL c. 40A, § 5, and any amendments thereto.

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§ 255-1.6. Severability.

The invalidity of any section or provision of this bylaw shall not invalidate any other sectionor provision herein.

ARTICLE 2Terminology

§ 255-2.1. Word usage.

In this bylaw, the following terms and constructions shall apply unless a contrary meaning isrequired by the context or is specifically prescribed in the text of the bylaw. Words used inthe present tense include the future. The singular includes the plural and the plural includesthe singular. The word "shall" is mandatory and "may" is permissive or discretionary. Theword "includes" or "including" shall not limit a term to specified examples, but is intended toextend its meaning to all other instances, circumstances, or items of like character or kind.The word "lot" includes "plot"; the word "used" or "occupied" shall be considered as thoughfollowed by the words "or intended, arranged, or designed to be used or occupied." The word"building," "structure," "lot," or "parcel" shall be construed as being followed by the words"or any portion thereof." The word "person" includes a firm, association, organization,partnership, company, or corporation, as well as an individual. Terms and words not definedherein but defined in the Commonwealth of Massachusetts State Building Code shall have themeaning given therein unless a contrary intention is clearly evident in this bylaw.

§ 255-2.2. Definitions.


ACCESSORY APARTMENT — A separate dwelling unit within or as an attached portion ofa single-family dwelling or within an accessory building subject to the provision of § 255-4.3B.

ACCESSORY STRUCTURE — A subordinate structure located on the same lot as the mainor principal building or principal use, the use of which is customarily incidental to that of theprincipal building or use of the land.

ACCESSORY USE — A use customarily incidental to that of the main or principal buildingor use of the land.

ADULT DAY-CARE FACILITY — An adult day-care or health facility, as those terms aredefined by the Commonwealth's Department of Elder Affairs.

AGRICULTURE — Farming in all of its branches and the cultivation and tillage of the soil,dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural,floricultural or horticultural commodities, the growing and harvesting of forest products uponforest land, the raising of livestock, including horses, the keeping of horses as a commercialenterprise, the keeping and raising of poultry, swine, cattle and other domesticated animalsused for food purposes, bees, fur-bearing animals, and any forestry or lumbering operationsperformed by a "farmer," who is hereby defined as one engaged in agriculture as hereindefined, or on a farm as an incident to or in conjunction with such farming operations,

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§ 255-2.2§ 255-2.2


including preparations for market, delivery to storage or to market or to carriers fortransportation to market.

A. AGRICULTURAL USE, EXEMPT — Use of land for the primary purpose ofagriculture, on a parcel of five or more acres in area, or two acres or more if the sale ofproducts produced from the agriculture use on the parcel annually generates at least$1,000 per acre based on gross sales dollars, as set forth in MGL c. 40A, § 3.

ANIMAL CLINIC OR HOSPITAL — A place where animals are given medical or surgicaltreatment and the boarding of animals is limited to short-term care incidental to the clinic orhospital use.

BARN — A building used chiefly for storing grain and hay and for keeping farm animals orfarm equipment.

BED-AND-BREAKFAST ESTABLISHMENT — An owner-occupied residence in which notmore than six rooms, each with no cooking facilities therein, are provided for temporary stay.Breakfast may be provided to guests.

BUILDING HEIGHT — The vertical distance measured from the grade to the highest pointof the roof. When a building faces more than one street, the height shall be measured fromthe average of the grade at the center line of each street front. Not included are spires,cupolas, antennae, or similar parts of structures which do not enclose potentially habitablefloor space.

BUILDING, PRINCIPAL — A building in which is conducted the main or principal use ofthe lot on which said building is situated.

BUSINESS OR PROFESSIONAL OFFICE (INCLUDING MEDICAL) — A building, orpart thereof, for the transaction of business or the provision of services exclusive of thereceipt, sale, storage, or processing of merchandise.

CAMP — An organized program for groups of boys and/or girls for the purpose ofpromoting health, education, and knowledge.

CERTIFICATE OF OCCUPANCY — A written form, signed by the Building Inspector,certifying that the stated and described use, structure and/or lot conforms to this bylaw or, inthe case of an appeal, to the written instructions of the Zoning Board of Appeals.4

CHILD-CARE FACILITY — A child-care center or school-age-child-care program, as thoseterms are defined in MGL c. 15D, § 1A.

A. CHILD-CARE FACILITY, FAMILY (LARGE OR SMALL) — Any private residenceoperating as a child-care facility as defined in MGL c. 15D, § 1A.

CLUB OR LODGE, PRIVATE — Buildings, structures and premises used by a nonprofitsocial or civic organization, or by an organization catering exclusively to members and theirguests for social, civic, recreational, or athletic purposes which are not conducted primarilyfor gain and provided there are no vending stands, merchandising, or commercial activitiesexcept as may be required generally for the membership and purposes of such organization.

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COMMERCIAL RECREATION, INDOOR — A structure for recreational, social oramusement purposes, which may include as an accessory use the consumption of food anddrink, including all connected rooms or space with a common means of egress and entrance.Commercial recreation structures shall include theatres, concert halls, dance halls, skatingrinks, bowling alleys, health clubs, dance studios, or other commercial recreational centersconducted for or not for profit.

COMMERCIAL RECREATION, OUTDOOR — An outdoor area used for recreational,social or amusement purposes, which may include as an accessory use the consumption offood and drink. Outdoor commercial recreation facilities shall include drive-in theatres, golfcourses/driving ranges, bathing beaches, sports clubs, horseback riding stables, boathouses,game preserves, marinas or other facilities where commercial recreation is carried on inwhole or in part outdoors, except those activities more specifically designated in this bylaw.

CONTRACTOR'S YARD — Premises used by a building contractor or subcontractor for thestorage of equipment and supplies, fabrication of subassemblies, and parking of wheeledequipment.

DWELLING — Any building, or part thereof, used for habitation for one or more persons,but not including commercial accommodations for transient occupancy or trailers or mobilehomes, whether mounted or not.5

A. DWELLING, MULTIFAMILY — A dwelling with two or more dwelling units.

B. DWELLING, SINGLE-FAMILY — A building containing one dwelling unit intendedand designed to be occupied by a single family.

EDUCATIONAL USE, NONEXEMPT — Educational facilities not exempted fromregulation by MGL c. 40A, § 3.

ESSENTIAL SERVICES — Services provided by a public service corporation or bygovernmental agencies through erection, construction, alteration, or maintenance of gas,electrical, steam, or water transmission or distribution systems and collection,communication, supply, or disposal systems whether underground or overhead, but notincluding wireless communications facilities. Facilities necessary for the provision ofessential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarmboxes, police call boxes, traffic signals, hydrants, and other similar equipment in connectiontherewith.

FAMILY — An individual, or two or more persons related by blood, marriage or adoption,living and cooking together as a single housekeeping unit, or a group of not more than sixpersons, who need not be related by blood, marriage or adoption, living and cooking togetheras a single housekeeping unit.

FARM STAND, TEMPORARY — A temporary roadside facility not exempted by MGL c.40A, § 3, for the sale of produce raised on the premises, set back at least five feet from thestreet sideline, to be removed at the end of the season.

FLOOR AREA, GROSS — The sum of the gross horizontal areas of all floors in a buildingand its accessory buildings on the same lot, measured from the exterior faces of the walls.

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Floor area does not include cellars, attics, or unenclosed porches not used for humanoccupancy.

FRONTAGE — The boundary of a lot coinciding with a street line, being an unbrokendistance along a street maintained by the Town of Wenham, the county, or the state, or alonga way shown on an approved definitive subdivision plan built to specification or secured inaccordance with MGL c. 41, § 81U.

FUNERAL HOME — A facility for conducting funerals and related activities such asembalming.

GARAGE, PRIVATE — A building or structure or portion thereof in which a motor vehicleor vehicles are stored.

GENERAL SERVICE ESTABLISHMENT — A shop for lawn mower repair or service orsmall appliance repair, upholstery or furniture repair, bicycle repair, builder, carpenter,caterer, electrician, mason, painter, plumber or roofer or the like.

GREENHOUSE OR NURSERY, NONEXEMPT — A facility used for the nurture of plantsor trees not exempt by statute.

HOSPITAL or SANITARIUM — An institution providing primary health services andmedical or surgical care to persons, primarily inpatients, suffering from illness, disease,injury, and other physical or mental conditions and including, as an integral part of theinstitution, related facilities, including laboratories, outpatient facilities, training facilities,medical offices, and staff residences.

JUNKYARD — The use of more than 600 square feet of the area of a lot for the storage orabandonment of junk.

LOT — An area of land in common ownership meeting minimum requirements for area,width, and frontage in the district in which it lies. A lot is buildable.

A. LOT AREA — The area contained within a lot. When the distance between any twopoints on lot lines is less than 50 feet, measured in a straight line, the smaller portion ofthe lot which is bounded by such straight line, and such lot lines shall not be consideredin computing the minimum lot area unless the total of the distances along such lot linesbetween such two points is less than 150 feet.

B. LOT COVERAGE — The area of the lot included within the outside lines of theexterior walls of all structures located on the lot and including all porches, decks,patios, and nonpermeable surfaces.

C. LOT LINE — The front, rear, and side lines bounding a lot. Any lot line that is not afront line or a rear line shall be deemed a sideline.

D. LOT, HAMMERHEAD — A lot with reduced frontage authorized by special permit inaccordance with § 255-5.2B(1) herein.

E. LOT WIDTH — The horizontal distance between side lot lines, measured parallel tothe lot frontage at the building front line.

MOTEL or HOTEL — A building or buildings intended and designed for transient,overnight, or extended occupancy, divided into separate units within the same building with

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or without a public dining facility. If such hotel or motel has independent cooking facilities,such unit shall not be occupied by any guest for more than four continuous months, nor maythe guest reoccupy any unit within 30 days of a continuous four-month stay, nor may theguest stay more than six months in any calendar year. No occupant of such hotel or motelmay claim residency at such location.

MOTOR VEHICLE LIGHT SERVICE FACILITY — Premises for the supplying of fuel, oil,lubrication, washing, or minor repair services, but not to include bodywork, painting, ormajor repairs.

MOTOR VEHICLE REPAIR FACILITY — An establishment, garage, or work area enclosedwithin a building where repairs are made or caused to be made to motor vehicles.

A. MOTOR VEHICLE REPAIR FACILITY, BODY — An establishment where repairsare made or caused to be made on motor vehicle bodies, including fenders, bumpersand similar components of motor vehicle bodies, but which does not include the storageof vehicles for the cannibalization of parts.

B. MOTOR VEHICLE REPAIR FACILITY, GENERAL — Premises for the servicingand repair of motor vehicles, but not to include fuel sales.

MULTIFAMILY RESIDENCE — Multifamily dwellings, each of which contains two ormore independent dwelling units consisting of a suite of rooms, bath and toilet facilities, anda kitchen facility. The terms "townhouses," "row houses," "attached houses" and like termsshall be interpreted as being synonymous with the term "multifamily residence."

A. MULTIFAMILY RESIDENCE, NONRESTRICTED — A multifamily residence inwhich residence shall not be restricted to persons 55 years of age or over.

B. MULTIFAMILY RESIDENCE, AGE-RESTRICTED — A multifamily residence inwhich residence is restricted to persons 55 years of age or over. Each such multifamilydwelling building may also include central kitchen and dining facilities for providingmeals to the residents thereof and their guests but not to the public and may alsoprovide lounge rooms for the common use of residents and their guests. In each suchdwelling unit, one of the residents must be a person who is 55 years of age or over. Inone of such buildings, a unit may be included for occupancy by a manager of thedevelopment and their immediate family, one room of which may be used for an office.The manager's unit need not be occupied by a person 55 years of age or over. Exceptfor the unit so used and occupied by the manager, no dwelling unit in a multifamilyage-restricted residence shall be resided in by more than two persons.

MUNICIPAL FACILITIES — Facilities owned or operated by the Town of Wenham.

NEIGHBORHOOD — An area of the Town having distinguishing characteristics.

NURSING HOME or ASSISTED LIVING FACILITY — Any building with sleeping roomswhere persons are housed or lodged and furnished with meals and nursing care for hire.

PAPER STREET — A public way constructed in accordance with § 255-5.2A.

PARCEL — An area of land that does not satisfy the definition of "lot."

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§ 255-2.2§ 255-2.2

PERSONAL SERVICE ESTABLISHMENT — A facility providing personal services such asa hair salon, barbershop, tanning facility, dry cleaner, print shop, or photography studio, orthe like.

PLACE OF PUBLIC ASSEMBLY — Any structure or facility, whether indoor or outdoor,where the public gathers. Places of public assembly shall include churches, meeting halls,auditoriums, libraries, museums, private clubs and lodges, funeral homes, restaurants andsimilar eating and drinking establishments, theaters, bowling alleys and other places ofamusements, bus depots and other passenger terminals.

PRIVATE WAY — A private way is a street or right of way that has not been approved bythe Town and, as such, may not meet the standards for a street established by the Town.

RESTAURANT — A building, or portion thereof, containing tables and/or booths for at least2/3 of its legal capacity, which is designed, intended and used for the indoor sales andconsumption of food prepared on the premises, except that food may be consumed outdoorsin landscaped terraces, designed for dining purposes, which are adjuncts to the main indoorrestaurant facility if authorized by special permit from the Zoning Board of Appeals. Theterm "restaurant" shall not include fast-food establishments.

RETAIL ESTABLISHMENT — A facility selling goods or services whether or notspecifically listed in the Table of Use Regulations.

SIGN — Any letter, word, symbol, drawing, picture, design, device, article, or object thatadvertises, calls attention to or indicates any premises, person or activity, whatever the natureof the material and manner of composition or construction, when the same is placed out-of-doors in view of the general public or placed indoors for exterior observance, excepttemporary indoor paper signs advertising sales, promotions or special events.

SINGLE OWNERSHIP — An individual ownership by one person or by several personswhether the tenure be joint or common or by entirety.

SPECIAL PERMIT — A permit granted by the Zoning Board of Appeals for structure or useidentified in the Table of Use Regulations as permitted with approval of the Zoning Board ofAppeals.

STREET — A way currently maintained by the Town of Wenham, the county or the state, ora way shown on an approved definitive subdivision plan built to specification or secured inaccordance with MGL c. 41, § 81U.

STREET LINE — Any boundary of a lot and street right-of-way or layout.

STRUCTURE — A combination of materials assembled at a fixed location to give support orshelter, such as a building, framework, retaining wall, swimming pool, tent, tennis court,deck, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast forradio antenna or the like. The word "structure" shall be construed, where the context allows,as though followed by the words "or part or parts thereof."

VARIANCE — An exception granted by the special permit granting authority in accordancewith § 255-13.6 of this bylaw.

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WETLANDS — All resource areas subject to protection under MGL c. 131, § 40, and/or theWater Resources Protection Bylaw, Chapter 242 of the Town of Wenham Bylaws, except forfloodplains and adjacent upland resource areas.

YARD — A space open to the sky, located between a building or structure and a lot line,unoccupied except by fences, walls, poles, paving, and other customary yard accessories.

A. YARD, FRONT — A yard extending the full width of the lot and situated between thestreet line adjoining the lot and the nearest point of the building.

B. YARD, REAR — A yard on the opposite side of the lot from the front yard extendingthe full width of the lot, and situated between the rear line of the lot and the nearestpart of the main building projected to the sideline of the lot.

C. YARD, SIDE — A yard situated between the nearest point of the building and thesideline of the lot and extending from the front yard to the rear yard or another sideyard.

ARTICLE 3Districts

§ 255-3.1. Primary districts.

For the purpose of this bylaw, the Town of Wenham is hereby divided into the followingprimary districts:

A. Residential District (R).

B. Business District (B).

§ 255-3.2. Overlay and other special districts.

The following overlay and special districts are also established as set forth in Article 12:

A. Aquifer Protection Overlay District (APOD) (see § 255-12.1).

B. Floodplain Overlay District (FPOD) (see § 255-12.2).

C. Senior Housing Overlay District (SHOD) (see § 255-12.3).

D. Personal Wireless Services Facility Overlay District (see § 255-12.4).6

E. Independent Living Overlay District (ILOD) (see § 255-12.5).

§ 255-3.3. Zoning Map.

The boundaries of the Residential District and the Business District are as shown on a mapentitled "Zoning Map of the Town of Wenham, Massachusetts," dated June 25, 1973, asamended from time to time prepared by Essex Survey Service, Salem, Massachusetts, signed

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§ 255-4.1§ 255-3.3

by the Planning Board and on file with the Town Clerk. Said map is hereby made part of thisbylaw.

§ 255-3.4. Interpretation of Zoning Map.

Boundaries shall be interpreted as described in the following subsections.

A. Center line. The boundaries between Residential, Senior Housing District, Floodplain,Aquifer Protection District, and Business Districts are, unless otherwise indicated onthe Zoning Map, the center lines of streets.

B. Lots in two districts. Where a district boundary line divides a lot in single ownership atthe same time this bylaw is adopted, the regulations for the less-restricted portion ofsuch lot shall not extend more than 30 feet into the more restricted portion, providedthe lot has frontage in the less-restricted district.

ARTICLE 4Use Regulations

§ 255-4.1. Table of Use Regulations.

The Table of Use Regulations below specifies the uses permitted in each district and, when aspecial permit or variance is required, identifies the special permit granting authority (SPGA)for each.

District

Category Use Residential Business Description

Residential

Single-family Y Y

Multifamily N N

Multifamily unit inSenior Housing OverlayDistrict (SHOD)

PB PB

Flexible development PB N

Institutional and Exempt

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District


Educational Y Y Use of land orstructures foreducational purposes onland owned or leasedby the Commonwealthor any of its agencies,subdivisions or bodiespolitic or by a religioussect or denomination,or by a nonprofiteducational corporation

Cemetery BA BA

Hospital or sanitarium BA BA

Religious use Y Y Use of land orstructures for religioususe

Day care, adult BA BA

Day care, child Y Y This does not includefamily day care (largeor small)

Municipal BA BA

Essential services BA BA

Agricultural

Agriculture, exempt Y Y

Agriculture, nonexempt BA BA

Raising and keeping ofanimals, nonexempt

BA BA

Greenhouse or nursery,nonexempt

BA BA

Commercial stable onless than 2 acres

N N

Commercial

Educational, nonexempt BA BA

Animal clinic or hospital N N

Kennel N N

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§ 255-4.1§ 255-4.1

District


Private club or lodge N BA

Nursing or convalescenthome

BA BA

Funeral home N N

Hotel or motel N N

Bed-and-breakfast BA BA

Store, retail or wholesalewith manufacturing onpremises

N Y

Motor vehicle sales and/or rental

N N

Motor vehicle, generaland body repair

N N

Motor vehicle, lightservices

N BA

Restaurant N Y

Restaurant, drive-in N N

Storage of motorvehicles or boats

N Y

Business or professionaloffice including medical

N Y

Bank or financial agency N Y

Commercial recreation,indoor

N N

Commercial recreation,outdoor

N N

Service establishment,personal

N Y

Service establishment,general

N Y

Wireless communicationfacility

PB PB

Laundry or dry-cleaningfacility

N N

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District


Printing, newspaper orjob

N BA

Camp BA BA

Large-scale ground-mounted solar voltaicinstallations

Y Y

Industrial

Manufacturing N N Includes light or heavymanufacturing

Warehouse N N Includes wholesale,self-storage, mini-warehouse ordistribution facility

Junkyard or automobilegraveyard

N N

Contractor's yard N N

Transport terminal N N

Accessory

Accessory apartment BA BA

Home occupation BA BA

Garage, private Y Y For a total of 3 motorvehicles, including upto 1 commercial vehicle

Garage, private, formore than 3 motorvehicles or 1commercial vehiclewhen 1 or more spacesis for rent

BA BA

Temporary use/occupancy of mobilehome, travel trailer,camper or similarvehicle

Y Y In compliance with§ 255-4.3E

Swimming pool Y Y

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District


Family day care, largeor small

Y Y

Keeping of largeanimals at a density ofmore than 1 per acre

BA BA Examples includehorses or cows

Accessory scientificresearch or development

BA BA

Other Uses

Drive-through windows N BA

Temporary farm stand Y Y

Temporary stands orbooths for social, civic,or church functions

BA BA

§ 255-4.2. Principal uses.

Except as provided by law or in this bylaw in each district, no building or structure shall beconstructed, used, or occupied, nor shall land be used or occupied, except for the purposespermitted as set forth in the accompanying Table of Use Regulations.

A. By right. A use listed in the Table of Use Regulations is permitted as of right in anydistrict under which it is denoted by the letter "Y," subject to such restrictions as maybe specified elsewhere in this bylaw.

B. Use prohibited. A use listed in the Table of Use Regulations is not permitted in anydistrict under which it is denoted by the letter "N."

C. By special permit: Zoning Board of Appeals. A use designated in the table by theletters "BA" may be permitted as a special permit only if the Zoning Board of Appealsso determines and grants a special permit therefor as provided in § 255-13.4 of thisbylaw subject to such restrictions as are set forth elsewhere in this bylaw, and to suchother restrictions as said Board may establish.

D. By special permit: Planning Board. A use designated in the table by the letters "PB"may be permitted as a special permit only if the Planning Board so determines andgrants a special permit therefor as provided in § 255-13.4 of this bylaw subject to suchrestrictions as are set forth elsewhere in this bylaw, and to such other restrictions assaid Board may establish.

E. Marijuana establishments. Consistent with MGL c. 94G, § 3(a)(2), all types of"marijuana establishments" as defined in MGL c. 94G, § 1, to include marijuanacultivators, independent testing laboratory, marijuana product manufacturers, marijuana

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retailers or any other types of licensed marijuana-related businesses, shall be prohibitedwithin the Town of Wenham. [Added 4-7-2018 ATM by Art. 17]

§ 255-4.3. Accessory uses.

A. General. An accessory use shall be permitted only where on the same lot with, andcustomarily incidental to, any of the uses permitted in the district. Specific accessoryuses are regulated as set forth in the Table of Use Regulations. The term accessory useshall include but not be limited to the specific examples addressed below.

B. Accessory apartment. [Amended 4-23-2018 ATM by Art. 22]

(1) Special permit required. The Zoning Board of Appeals, by special permit, mayauthorize one accessory apartment within or as an attached portion of a single-family dwelling unit or within an accessory building subject to the following:

(a) One of the units shall be occupied by the resident owner of the premises.

(b) The accessory apartment shall not exceed 35% of the floor area of theprincipal structure or 1,000 square feet, whichever is less, and twobedrooms.

(2) General requirements.

(a) The following general requirements apply to all accessory apartments,including affordable accessory apartments.

[1] The accessory apartment shall be a complete separate housekeepingunit that functions as a unit separate from the principal unit.

[2] The lot shall contain at least 20,000 square feet (exclusive ofwetlands and floodplains) unless the accessory apartment is in anaccessory building, in which case the lot shall contain at least 40,000square feet (exclusive of wetlands and floodplains).

[3] Off-street parking for a minimum of three vehicles shall be providedin the driveway or an accessory garage.

[4] To the extent feasible, the appearance of a single-family buildingshall be preserved.

[5] Only one accessory apartment may be created on a lot.

[6] Adequate provision shall be made for the disposal of sewage, waste,and drainage generated by the occupancy of the accessory apartmentin accordance with the requirements of the Board of Health.

[7] Adequate provision shall be made for ingress and egress to and fromthe accessory apartment.

(b) Adequate landscaping shall be provided around the lot or the building(s) inorder to preserve the single-family residential character of theneighborhood.

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§ 255-4.3§ 255-4.3


C. Affordable accessory apartment. Where the applicant demonstrates to the satisfaction ofthe Zoning Board of Appeals that the apartment will be made available to low- andmoderate-income households in accordance with the regulations concerning MGL c.40B and 760 CMR 56.03, as they may be amended from time to time, the ZoningBoard of Appeals, by special permit, may authorize an accessory apartment that doesnot exceed 50% of the floor area of the principal structure, 1,500 square feet and threebedrooms subject to the following subsections as well as to the general requirements setforth in § 255-4.3B(2). The applicant shall subject the property to restrictions necessaryto ensure that the affordable units will remain affordable. The form and substance ofthe restrictions and the tenant selection process shall be subject to approval by theZoning Board of Appeals. [Amended 4-23-2018 ATM by Art. 227]

(1) Special permit procedures. The procedures and standards for the submission andapproval of a special permit application as set forth in § 255-13.4 shall becomplied with except that:

(a) The applicant shall submit a notarized letter stating that the owner of thepremises will occupy one of the dwelling units at all times, except for bonafide temporary absences. This shall be a condition of any special permit.

(b) The application shall include a floor plan of 1/4 inch to a foot, showingproposed changes to the building and a site plan showing the location of thebuilding(s) and the parking spaces.

(2) Decision.

(a) All special permits pursuant to § 255-4.3B and C shall lapse at theexpiration of one year from their granting. The special permit grantingauthority shall condition each special permit to terminate on the yearlyanniversary date of the grant of the special permit, and the special permitwill automatically be renewed on an annual basis unless written objection isfiled with the Town Clerk prior to any anniversary date. In the event ofwritten objection, a public hearing shall be held prior to deciding whetherthe special permit will be renewed.

(b) Such special permit shall automatically terminate upon the sale, transfer orother change in ownership of the property of which such accessoryapartment forms a part unless the property is being purchased with theintent to continue the use. In such case, the new owner shall make anapplication to transfer the special permit or for the issuance of a newspecial permit, which must be submitted to the Zoning Board of Appealswithin 60 days of the sale or transfer of the property.

D. Home occupation.

(1) By right. A home occupation may be allowed as of right, provided that it:

(a) Is conducted solely within a dwelling and solely by the person(s) occupyingthe dwelling as a primary residence;

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(b) Is clearly incidental and secondary to the use of the premises for residentialpurposes;

(c) Does not produce offensive noise, vibration, smoke, dust, odors, heat,lighting, electrical interference, radioactive emission or environmentalpollution;

(d) Does not utilize exterior storage of material or equipment;

(e) Does not exhibit any exterior indication, including signs, of its presence orany variation from residential appearance;

(f) Does not produce more than two customer, pupil, or client trips to theoccupation site per day and has no nonresident employees;

(g) Is registered as a business with the Town Clerk.

(2) By special permit. A home occupation may be allowed by special permit issuedby the Zoning Board of Appeals, provided that:

(a) It fully complies with Subsection D(1)(b), (c), (d) and (g) above.

(b) It is conducted within a dwelling solely by the person(s) occupying thedwelling as a primary residence and, in addition to the residents of thepremises, by not more than two additional employees on site at same time;

(c) It does not exhibit any exterior indication of its presence, or any variationfrom residential appearance, except for a sign or name plate in compliancewith this bylaw;

(d) A special permit for such use is granted by the Zoning Board of Appeals,subject to conditions including, but not limited to, restriction of hours ofoperation, maximum floor area, off-street parking, and maximum number ofdaily customer vehicle trips. Such special permit shall expire after fiveyears, or the transfer of the property, whichever first occurs; provided,however, that the special permit shall automatically renew prior to theexpiration of said five-year period, provided that the home occupationremains in compliance with any terms and conditions set forth in theoriginal special permit.

E. Occupation of a mobile home, travel trailer, camper, or similar recreation vehicle.

(1) Such vehicle may be occupied for a period not to exceed a total of seven days peryear unless specifically authorized by the Zoning Board of Appeals.

(2) Temporary use of a mobile home, travel trailer or camper, or similar temporarystructure may be extended for not more than one year by the Zoning Board ofAppeals, with concurrence of the Board of Health. Temporary use may bepermitted only in an emergency situation, such as, but not limited to, loss ofresidence or business establishment by fire or other disaster.

F. Storage.

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§ 255-4.3§ 255-4.3


(1) Motor vehicle storage. One unregistered motor vehicle may be stored as anaccessory use, provided that it shall be stored:

(a) Within the principal or an accessory building; or

(b) In the rear yard not less than 35 feet from the side or rear lot lines andscreened from a public way. No such unregistered motor vehicle shall bestored as an accessory use when it has been rendered inoperable bydismantling or removing parts.

(2) Trailer or boat storage. Accessory storage of one trailer or boat is permitted as anaccessory use, provided that it shall be stored:

(a) Within the principal or an accessory building; or

(b) In the rear yard of the premises but not in a required side or rear yardsetback and screened from a public way. By special permit, the ZoningBoard of Appeals may vary the location of such storage. No trailer or boatshall be used for dwelling purposes, nor be stored as an accessory use whenit has been rendered inoperable by dismantling or removing parts.

(3) Parking or storage of commercial vehicles or recreational vehicles in residentialdistrict. Parking of one commercial or recreational vehicle of not more than25,000 gvw is permitted in conformance with Subsection F(2). The storage oftwo additional commercial vehicles with more than 25,000 gvw may beauthorized by special permit, provided such vehicles are not visible from anypublic way. Nothing herein shall be construed to prohibit the parking or storageof farm vehicles.

(4) Other storage. Outside or inside storage accessory to the operation and conduct ofa permitted use is permitted; provided, however, that:8

(a) If outside, the storage shall be located to the rear of the principal structureand shall be screened from view from any public way or adjacentresidential district property line;

(b) If inside, the gross floor area for storage purposes shall not exceed 50% ofthe gross floor area for the use permitted on the site, whether in a separatestructure or not, without a special permit from the Planning Board.

(5) Temporary storage units or structures. Temporary storage units, such as PODS®and other portable units, and temporary structures, such as tents or awnings usedfor vehicle or other storage, shall be located to the rear of the building line of theprincipal building on the lot, and shall not be located in any required side or rearyard. Such storage units or structures shall be used for a period not longer than 45days per year without the grant of a special permit from the Zoning Board ofAppeals.

G. Other permitted accessory uses. The Table of Use Regulations in § 255-4.1 addressesother accessory uses permitted by this bylaw.

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H. Prohibited accessory uses. The Table of Use Regulations in § 255-4.1 identifiesspecifically prohibited accessory uses.

§ 255-4.4. Nonconforming uses and structures.

A. Applicability. This bylaw shall not apply to structures or uses lawfully in existence orlawfully begun, or to a building or special permit issued before the first publication ofnotice of the public hearing required by MGL c. 40A, § 5, at which this bylaw, or anyrelevant part thereof, was adopted. Such prior, lawfully existing nonconforming usesand structures may continue, provided that no modification of the use or structure isaccomplished, unless authorized hereunder.

B. Changes to nonconforming uses. The Zoning Board of Appeals may award a specialpermit to change a nonconforming use in accordance with this section only if itdetermines that such change or extension shall not be substantially more detrimentalthan the existing nonconforming use to the neighborhood. The following types ofchanges to nonconforming uses may be considered by the Zoning Board of Appeals:

(1) Change or substantial extension of the use;

(2) Change from one nonconforming use to another, less detrimental, nonconforminguse.

C. Nonconforming structures.

(1) Reconstruction, extension or structural change. The Zoning Board of Appealsmay award a special permit to reconstruct, extend, alter, or change anonconforming structure in accordance with this section only if it determines thatsuch reconstruction, extension, alteration, or change shall not be substantiallymore detrimental than the existing nonconforming structure to the neighborhood.The following types of changes to nonconforming structures may be consideredby the Zoning Board of Appeals:

(a) Reconstruction, extension or structural change;

(b) Alteration to provide for a substantially different purpose or for the samepurpose in a substantially different manner or to a substantially greaterextent.

(2) Variance required. Except as provided in Subsection C(3) below, thereconstruction, extension or structural change of a nonconforming structure insuch a manner as to increase an existing nonconformity, or create a newnonconformity shall require the issuance of a variance from the Zoning Board ofAppeals; provided, however, that the extension of an exterior wall at or along thesame nonconforming distance within a required yard shall require a specialpermit.

(3) Nonconforming single-family and multifamily residential structures.Nonconforming single-family and multifamily residential structures may bereconstructed, extended, altered, or structurally changed upon a determination by

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§ 255-4.4§ 255-4.4


the Building Inspector that such proposed reconstruction, extension, alteration, orchange does not increase the nonconforming nature of said structure.9

(a) Where the proposed extension does not increase the square feet containedwithin the existing structure by more than 25%, the followingcircumstances shall not be deemed to increase the nonconforming nature ofsaid structure:

[1] Alteration to a structure located on a lot with insufficient area whichcomplies with all current setback, yard, building coverage, andbuilding height requirements.

[2] Alteration to a structure located on a lot with insufficient frontagewhich complies with all current setback, yard, building coverage, andbuilding height requirements.

[3] Alteration to a structure which encroaches upon one or more requiredyard or setback areas, where the alteration will comply with allcurrent setback, yard, building coverage and building heightrequirements.

(b) In all other cases, the Zoning Board of Appeals may, by special permit,allow such reconstruction, extension, alteration, or change where itdetermines that the proposed modification will not be substantially moredetrimental than the existing nonconforming structure to the neighborhood.

(4) Reconstruction after catastrophe or voluntary demolition. Any nonconformingstructure may be reconstructed after a catastrophe or after voluntary demolition inaccordance with the following provisions:

(a) Reconstruction of a nonconforming structure affected by a catastrophe shallcommence within two years after such catastrophe; and

(b) In the case of voluntary demolition, a nonconforming structure may bereconstructed subject to the following conditions:

[1] Where the proposed reconstructed building shall be located on thesame footprint as the original nonconforming structure, and containsthe same volume or area as the original nonconforming structure,such reconstruction shall be completed within two years of demolitionupon the issuance of a building permit.

[2] Where the proposed reconstructed building causes the structure toexceed the volume or area of the original nonconforming structure orcauses the structure to be located other than on the original footprint,a special permit shall be required from the Zoning Board of Appealsprior to such demolition and such reconstruction shall be completedwithin one year of demolition.

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(5) Abandonment or nonuse. A nonconforming use or structure which has beenabandoned, or not used for a period of two years, shall lose its protected statusand be subject to all of the provisions of this bylaw.

(6) Reversion to nonconformity. No nonconforming use shall, if changed to aconforming use, revert to a nonconforming use.

D. Amortization of nonconforming lots. Any property owner who owns a lot with less than50 feet of frontage that would have been entitled to a building permit prior to theadoption of this amended Zoning Bylaw shall have a period of six months from thedate of adoption of this amended Zoning Bylaw to make application to the BuildingInspector for a building permit. So long as such property owner satisfies allrequirements of the bylaw in effect immediately prior to the adoption of this amendedZoning Bylaw, they shall be entitled to a building permit, provided that all otherapplicable laws, rules, regulations, and requirements are satisfied. After such six-monthperiod, the provisions of MGL c. 40A, § 6 shall control.

ARTICLE 5Dimensional Requirements

§ 255-5.1. Table of Dimensional Requirements.

No building or structure shall be constructed nor shall any existing building or structure beenlarged or altered except in conformance with the following Table of DimensionalRequirements as to lot coverage, lot area, land area per dwelling unit, lot width, front, sideand rear setbacks, and maximum height of structures except as may otherwise be providedelsewhere herein.

Table of Dimensional Requirements

Residential District Business District

Lot area 40,000 square feet Dwelling: 40,000 square feetNonresidential unit: 40,000 square feet

Frontage 170 feet Dwelling: 170 feetNonresidential unit: 170 feet

Lot width 100 feet Dwelling: 100 feetNonresidential unit: 100 feet

Front yard 20 feet All structures: 20 feetWith approval of the Zoning Board ofAppeals, setback may be established tomatch the actual setback or the averagesetback of buildings on adjacent lots.

Rear yard 15 feet Dwelling: 15 feetNonresidential unit: 20 feet

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§ 255-5.2§ 255-5.1

Table of Dimensional Requirements

Residential District Business District

Side yard 15 feet Dwelling: 15 feetNonresidential unit: 20 feet

Maximum height:structure

35 feet 35 feet

Maximum lot coverage(percent)

50% 70%

§ 255-5.2. Special requirements.

A. Paper streets. No house shall be built on any lot, nor permit therefor issued, until thestreet or streets upon which the frontage is measured are constructed in accordance withplans and specifications approved by the Planning Board or security acceptable to thePlanning Board is furnished to assure completion of such construction. No house shallbe occupied until such street or streets are constructed in accordance with such plansand specifications. Nothing herein shall prevent a house from being occupied before thefinal course of a subdivision road has been put down, provided that security acceptableto the Planning Board is in place to ensure completion of the street. If the subdivisionplan for the lot in question shows a way plotted along any boundary, the lot shall notonly have the required frontage set forth in the Table of Dimensional Requirements butshall also have the required frontage after construction of said plotted way.

B. Lot area. In computing lot area, at least 40,000 square feet of area must be contiguousand exclusive of wetlands and/or land lying in the Floodplain District.

(1) Hammerhead lots. The frontage requirement for a hammerhead lot may bereduced to 50 feet, by special permit granted by the Planning Board, subject tothe following conditions and any additional conditions the Planning Board mightimpose:

(a) The total lot area is at least 120,000 square feet;

(b) The access driveway to the house shall not be longer than 500 feet, with agrade and width adequate to permit access by fire, police and otheremergency vehicles;

(c) The nearest point of any building or structure shall be set back 50 feet fromall lot lines;

(d) No more than two hammerhead lots shall have contiguous frontage.

(2) Front yards. All principal structures shall maintain a setback of 20 feet from thefront property line. In the Residential District, the Zoning Board of Appeals may,however, authorize by special permit a setback not to exceed the average setbackof the principal buildings on the lots on either side.

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(3) Corner lots. A corner lot is any lot bounded on two or more streets whoseintersection(s) are coincident with the corners of the lot. Every lot line of a cornerlot that is coincident with a street line shall be a front lot line, and shall have anaccompanying front yard. All other lot lines of a corner lot shall be side lot lines,with side yards.

(4) Appurtenant open space. No yard or other open space required for a building forwhich a permit has been issued shall during the life of such building be occupiedby or counted as open space for another building.

C. One structure per lot. Except as otherwise provided herein, no more than one principalstructure may be placed on any lot. In the Business District, more than one principalstructure may be placed on any lot by special permit from the Planning Board.

D. Height exceptions. By grant of a special permit by the Zoning Board of Appeals, thefollowing may exceed the height requirements set forth in the Table of DimensionalRequirements. In granting such special permit, the criteria of § 255-13.4 shall notapply.

(1) Towers, chimneys, windmills, tanks, radio and television antenna towers and thelike, not to exceed 55 feet in height and provided that they are accessory to theprincipal permitted use of the lot and not used for living purposes.

(2) Steeples and spires, subject to the imposition of reasonable restrictions on heightand on the use of the structure relating to illumination, sound generation, andexterior appendages so that no nuisance or other activity detrimental to theneighborhood will result and so that the proposed structure does not pose adanger to public health or safety; nor adversely affect adjacent properties due toshadowing or obstruction of scenic vistas.

(3) An accessory building which has an eave height exceeding 10 feet within 20 feetof the side lot line.

E. Projections. Nothing herein shall prevent the projections of steps, cornices, baywindows, eaves, and other ornamental features into any required yards.

F. Residential driveways.

(1) General. For the purpose of promoting the safety of the residents of the Town, anapplication for a building permit for a residential structure shall include a plan, ata scale of one inch equals 100 feet, showing the driveway serving the premises,and showing existing and proposed topography at ten-foot or three-meter contourintervals. All driveways shall be constructed in a manner ensuring reasonable andsafe access from the public way serving the premises to within a distance of 100feet or less from the building site of the residential structure on the premises, forall vehicles, including, but not limited to, emergency, fire, and police vehicles.The Building Inspector shall not issue a building permit for the principal structureon the premises unless all of the conditions in the following subsections havebeen met.

(2) Maximum distance. The distance of any driveway measured from the street lineto the point where the principal building is proposed shall not exceed a distance

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§ 255-5.2§ 255-5.2

of 500 feet, unless the Planning Board grants a special permit after adetermination that said driveway will provide safe and reasonable access for fire,police and emergency vehicles.

(3) Grade. The grade of each driveway where it intersects with the public way shallnot exceed 4% for a distance of 20 feet from the travel surface of the public wayunless the Planning Board shall grant a special permit after a determination thatsaid driveway will provide safe and reasonable access for fire, police andemergency vehicles.

(4) Access. Driveways serving the premises shall provide access through the requiredfrontage of the serviced lot, except in the case of a common driveway underSubsection F(5) herein or if authorized by special permit by the Planning Boardin accordance with § 255-13.4A.

(5) Common driveways. Common driveways serving not more than three lots may beallowed by special permit by the Planning Board. A common driveway mustsatisfy all of the conditions in § 255-5.2F, Residential driveways, as well as all ofthe following conditions: [Amended 4-23-2018 ATM by Art. 23]

(a) The center line intersection with the street center line shall not be less than45°;

(b) A minimum cleared width of 12 feet shall be maintained over its entirelength;

(c) A roadway surface of a minimum of pavement or at least four inches ofgraded gravel, placed over a properly prepared base, graded and compactedto drain from the crown shall be installed;

(d) The driveway shall be located entirely within the boundaries of the lotsbeing served by the driveway;

(e) Proposed documents shall be submitted to the Planning Boarddemonstrating that, through easements, restrictive covenants, or otherappropriate legal devices, the maintenance, repair, snow removal, andliability for the common driveway shall remain perpetually theresponsibility of the private parties, or their successors in interest;

(f) Each lot served by the common driveway shall have adequate frontage asrequired by the Zoning Bylaw dimensional requirements (§ 255-5.1).

G. Permitted accessory structures. The accessory structures addressed in the followingsubsections are permitted in all districts.

(1) Accessory building. An accessory building shall be permitted, provided that it isnot more than 75% of the height of the principal structures or 20 feet in heightabove the average grade level around the structure, whichever is greater. Thevolume of the accessory structure shall not exceed 50% of the volume of theprincipal structure.

(2) Boundary fences, walls, or hedges. Boundary fences, walls, or hedges shall bepermitted, provided that they do not exceed eight feet in height and provided that

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no fence which obstructs vision shall exceed 36 inches in height within 20 feet ofthe street line or within 15 horizontal feet of a habitable room in an abuttingdwelling on a separate lot.

(3) Flagpoles. Flagpoles of a height not to exceed 20 feet are permitted and shall beexempt from the setback requirements of this section.

(4) Swimming pools and game courts. Swimming pools, game courts, and the likeare accessory structures and shall comply with the State Building Code and allapplicable setback requirements of this Zoning Bylaw.

(5) Barns. Barns may be authorized by special permit from the Zoning Board ofAppeals in the Residential District. New barns shall meet the dimensionalrequirements for principal structures set forth in the Table of DimensionalRequirements.

H. Dimensional requirements and location. Except as otherwise provided herein, thefollowing dimensional rules shall apply to accessory structures:

(1) No accessory building or structure, except a permitted sign or roadside stand,shall be located within a required front yard setback.

(2) Accessory structures or buildings with a footprint of 125 square feet or more shallmeet the height and setback requirements set forth in the Table of DimensionalRequirements.

(3) An accessory building attached to its principal building or within 10 feet of itshall be considered an integral part thereof and as such shall be subject to thefront, side, and rear yard requirements applicable to the principal building.

(4) Accessory structures and buildings shall be located on the same lot as theprincipal structure on the premises.

ARTICLE 6Parking and Loading Requirements

§ 255-6.1. Table of Parking Requirements.10

Off-street parking spaces shall be provided for every new building, the enlargement of anexisting building, the development of a new land use or any change in any existing use inaccordance with the Table of Parking Requirements in this section. Off-street parking may beprovided either outside or within a structure.

Principal Use Parking Requirement

Single-family or multifamily dwelling 2 parking spaces per dwelling unit

Nursing home, assisted living or seniorhousing facility

1 parking space per 2 rooms

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§ 255-6.2§ 255-6.1

Principal Use Parking Requirement

Place of public assembly 1 parking space for each 4 seats; where no fixedseats are used (as in a museum or terminal), 1parking space per each 200 square feet of grossfloor area

Retail business, personal or generalservice establishment

1 parking space for each 200 square feet of grossfloor area

Office, bank 1 parking space for each 250 square feet of grossfloor area

Restaurant 1 parking space per 4 seats

All other permitted uses Sufficient parking spaces to accommodate, underall normal conditions, the cars of occupants,employees, members, customers, or visitors of thepremises, as may be determined by the PlanningBoard

§ 255-6.2. Special requirements: residential.

A. Shared parking. Notwithstanding any other provisions of this bylaw, common parkingareas may be permitted by the Planning Board, subject to site plan approval, for thepurpose of servicing two or more principal uses on the same or separate lots, providedthat:

(1) Evidence is submitted that parking is available within 400 feet of the premises,which satisfies the requirements of this bylaw and has excess capacity during allor part of the day, which excess capacity shall be demonstrated by a competentparking survey conducted by a traffic engineer registered in the Commonwealthof Massachusetts.

(2) A proposed contract, agreement, or suitable legal instrument acceptable to theTown's legal counsel shall be filed with the Planning Board, specifying thelocation of all spaces to be jointly used, the number of such spaces, the hoursduring the day that such parking shall be available, and the duration or limit, ifany, on such parking.

(3) Any space resulting from the reduction in area required for parking because ofthese joint use provisions may be required to be reserved as landscaped openspace.

(4) Nothing in this section shall relieve the owner from providing parking facilities inaccordance with this bylaw if subsequently the joint use of parking facilities shallterminate.

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§ 255-6.3. Special requirements: nonresidential.

The following standards shall apply to off-street parking for nonresidential uses.

A. Parking space size. Each parking space shall measure 10 feet in width and 20 feet inlength.

B. Handicapped parking. Parking spaces for the exclusive use of handicapped individualsshall be provided in accordance with the most recent local, state, and federal rules andregulations.

C. Lighting. All lighting shall be shielded so as not to shine directly onto a public orprivate way or onto any property in a residential district or into the night sky. Poles forlighting shall be limited to four feet in height.

D. Prohibition. Parking spaces shall be arranged so as not to require backing ofautomobiles onto any street.

E. Additional parking standards for areas subject to site plan review. All parking areascontaining more than five spaces shall be either contained within structures or subjectto the following requirements:

(1) Surface. The parking area and access driveways thereto shall be surfaced withbituminous or cement concrete material and shall be graded and drained so as todispose of all surface water accumulation away from adjacent public ways.

(2) Storage. Unless authorized by special permit of the Planning Board, there shallnot be any storage of materials or equipment or display of merchandise withinrequired parking area except as part of building operations approved by theZoning Board of Appeals or Planning Board, as appropriate.

(3) Location. Parking shall not be located nearer than 15 feet from any lot line.

F. Landscaping in parking areas with five spaces or more.

(1) The area shall be effectively screened on each side which adjoins or faces theside or rear lot line of a lot situated in any residential district, consisting oflandscaping and/or a solid fence or wall not less than three feet nor more than sixfeet in height at the time of occupancy of such lot.

(2) All plantings shall be maintained by the owner and/or occupant so as to keep adense screen year round.

(3) The Planning Board may require landscaping within the parking area in order tobreak up solid rows of 20 or more parking spaces.

(4) All parking areas shall comply with the landscaping requirements set forth inArticle 8.

G. Special permit. Any parking requirement set forth herein may be reduced upon theissuance of a special permit by the Planning Board if the Board finds that the reductionis not inconsistent with public health and safety, or that the reduction promotes a publicbenefit.

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§ 255-7.1§ 255-6.4


§ 255-6.4. Loading requirements.

A. General. Adequate off-street loading spaces or loading areas shall be provided andmaintained by the owner of the property for each nonresidential building or use whichis erected, enlarged, or altered after the effective date of this bylaw, according to thefollowing regulations:

(1) Location. No loading dock or bay shall be located within 20 feet of the boundaryof any residential district.

(2) Size. Loading bays shall not be less than 12 feet in width, 65 feet in length, and14 feet in height, exclusive of driveway and maneuvering space.

(3) Same lot. All loading spaces or loading areas shall be on the same lot as thebuilding or use which they are intended to serve, and in no case shall anyrequired loading area be part of an area used to satisfy the off-street parkingrequirements of this bylaw.

(4) No queues or backing onto street. No loading facility shall be designed to requiretrucks to queue on a public way while awaiting off-loading. No loading facilityshall be designed to require vehicles to back onto a public way; all turningmaneuvers shall be accommodated on the premises.

B. Shared loading. No part of an off-street loading area for any nonresidential building oruse shall be included as part of an off-street loading area similarly required for anotherbuilding or use, unless the type of buildings or uses indicates that the usage of suchloading area would not occur simultaneously, as determined by the Planning Board.

C. Screening. Loading areas shall be screened in accordance with § 255-6.3F.

D. Special permit. Any loading requirement set forth herein may be reduced upon theissuance of a special permit by the Planning Board if the Board finds that the reductionis not inconsistent with public health and safety, or that the reduction promotes a publicbenefit.

ARTICLE 7Signs

[Amended 4-6-2019 ATM by Art. 16]

§ 255-7.1. Purpose.11

The purpose and intent of this bylaw shall be to regulate, restrict and place limitations on thesize, location, type and illumination of signs, as specified herein, to ensure that they areappropriate to the land, building or use to which they are related, be protective of propertyvalues and the public safety and not unnecessarily detract from the historic qualities andcharacteristics of the Town of Wenham.

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§ 255-7.2. District regulations.

A. Residential District. Signs are prohibited in the Residential District, except as describedbelow. All allowable signs are subject to the general standards set forth in § 255-7.3.Any signs found to be in violation of this section are subject to removal by the Town.

(1) Allowable temporary signs.

(a) Real estate signs. On any lot there shall be no more than one temporarysign not exceeding seven square feet in area, pertaining to lease or sale ofthe lot or building on which such sign is placed. The sign shall be permittedfor a period not to exceed seven days after such sale or lease execution.

(b) Contractor signs. One temporary sign not exceeding seven square feet inarea, advertising contracted services being provided on site shall bepermitted for a period not to exceed seven days after such completion ofwork.

(c) Noncommercial signs.

[1] On any lot, any noncommercial temporary sign {other than a specialevent sign addressed under Subsection A(1)(c)[2] of this bylaw} shallnot exceed seven square feet in area.

[2] Special event signs. On any lot there shall be no more than onetemporary sign not exceeding seven square feet in area, providingnotice of the day and date of a special event, which signs may beerected for a period not to exceed two weeks prior to the event andare to be removed within two business days following the date of theevent.

(2) Allowable permanent signs. On any lot there shall be no more than one such signpertaining to the use thereof or having the name and occupation of the occupantor occupants, and no such sign shall exceed two square feet in area. Allpermanent signs located in the Historic District are also subject to HistoricDistrict Commission review and approval.

(3) Special permit. The Planning Board may, upon a request therefor, issue a specialpermit for the erection of a temporary or permanent sign under this § 255-7.2 thatis larger, or posted for a longer period of time, than otherwise authorizedhereunder, which sign the Planning Board deems not detrimental to thesurrounding property nor injurious to the public welfare; provided, however, thatany such permitted sign in the Historic District is also subject to the approval ofthe Historic District Commission.

B. Business District. Signs advertising goods or services offered by an occupant of thepremises for sale, hire or use are permitted; provided, however, that any such sign inthe Historic District is subject to the approval of the Historic District Commission andfurther provided that signs shall not exceed seven square feet in area for one business,or in the case of a building containing more than one business, the following shallapply:

(1) One street side sign not to exceed seven square feet to identify the complex itself.

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§ 255-7.4§ 255-7.2


(2) Individual businesses within the complex identified at street side with signs 12inches by 36 inches arranged vertically in a single structure.

(3) Each business within the complex may have one two-square-foot sign located atthe doorway for business identification.

C. Senior Housing Overlay District (SHOD). See § 255-12.3H for special requirements forsigns located in a Senior Housing Overlay District.

§ 255-7.3. General standards for signs.

The following standards apply to all signs:

A. No sign shall be erected so as to obstruct any fire escape, window, door, or otheropening or so as to prevent free passage from one part of a roof to any other partthereof.

B. No sign shall be attached in any manner to a fire escape or shall be placed to interferewith an opening which is required for ventilation.

C. No exposed, uninsulated parts of an electrical sign shall be permitted.

D. No sign shall be erected that shall in any way create a traffic hazard or in any wayobscure or confuse traffic control.

E. No sign or sign structure shall interfere in any way with a paved roadway or sidewalkon a public way, or adjacent public property between a paved roadway and sidewalk.

F. Letters, figures, characters, or representations in cutout or irregular form, maintained inconjunction with, attached to or superimposed upon any sign shall be safely andsecurely built or attached to the sign structure.

G. Signs shall be designed, constructed, and erected in accordance with the State BuildingCode.

H. No sign shall be posted on or attached to utility poles or trees or attached to anyparapet.12

I. No nonmunicipal sign shall be located on public property, with the exception of alocation to be designated by a policy of the Board of Selectmen, with such policy to beset only after a public hearing process, including notification in a newspaper of generalcirculation at least seven days prior to the date of the public hearing

§ 255-7.4. Illuminated signs.

The following additional standards apply to illuminated signs.

A. Illuminated signs are not permitted within residential districts without a special permit.

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B. No red or green or other colored lights shall be used on any sign if such light wouldcreate a driving hazard.

C. No sign may be illuminated more than 30 minutes after closing of any store or businessor 30 minutes after working hours in a commercial building, except signs identifyingpublic buildings; provided, however, that the Planning Board, in granting a specialpermit, may, for good cause shown, extend the time during which a sign may beilluminated.

§ 255-7.5. Moving signs.

Swinging signs, flashing signs, revolving signs, and signs consisting of pennants, ribbons,streamers, spinners, strings of light bulbs, revolving beacons, searchlights, animated signs,and signs illuminated to create the illusion of motion are prohibited.

§ 255-7.6. Maintenance.

Every sign shall be maintained by the owner in a clean, sanitary condition and in good repair.In addition, every freestanding pole or ground sign shall be kept free and clear of allsubstances, rubbish, and weeds.

§ 255-7.7. Removal of existing signs.

Nonconforming signs that are enlarged, redesigned, replaced or altered in any way shallcomply immediately with all applicable provisions of this bylaw.

§ 255-7.8. Special permit.

Notwithstanding the provisions set forth in this article, the Planning Board may authorizenonconforming signs or a greater number of signs by the grant of a special permit where suchrelief is not detrimental to the neighborhood or the Town.

A. Exemptions. No permit is required for the following types of signs:

(1) Any sign legally erected before the date of the Town Meeting approving thisarticle shall be exempt from the requirements in this article.

(2) Any sign erected or required by the Town, by the Commonwealth ofMassachusetts or by the United States, or any subdivision or agency thereof, orfor any sign intended solely for the protection of life or property.

B. Special permit process.

(1) Application. Application for a sign special permit shall be made in writing uponforms furnished by the Planning Board. Such application shall contain thelocation by street number of the proposed sign, the name and address of theowner of the sign, the name and address of the sign contractor or erector, if any,and a scale drawing showing the construction, the method of installation or

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§ 255-8.1§ 255-7.8

support, colors, dimensions, and position of the sign, method of illumination andsuch other relevant information as may be requested.

(2) Fee. A sign special permit fee shall be paid to the Town for each permit inaccordance with the schedule established by the Planning Board.

(3) Inspection. The Building Inspector shall inspect any sign subject to a specialpermit within 30 days after it is erected and shall report to the Planning Boardthat said sign has been erected properly and in accordance with the provisions ofthis article and any other applicable law.

(4) Constructive grant. If a sign special permit has not been denied within 60 daysafter application has been made, it shall be deemed to be approved.

(5) Lapse. A sign special permit shall become null and void if the work for which thepermit was issued has not been completed within a period of 12 months from thedate of the permit; provided, however, that the Planning Board may, in itsdiscretion, issue extensions covering a period not to exceed an additional one yearfrom the date of issue of the original permit. The applicant shall notify theBuilding Inspector of completion of work under a permit within 10 days ofcompletion.

§ 255-7.9. Administration and penalties.

This bylaw may be enforced by the Building Inspector by any means available in law or inequity in accordance with Chapter 1, Article I, of the General Bylaws, including noncriminaldisposition.

ARTICLE 8Landscaping Requirements

§ 255-8.1. Applicability; purpose.

A. The requirements of this article shall apply to any nonresidential use and to multifamilydwellings.

B. This article is designed to accomplish the following objectives:

(1) Provide a suitable boundary or buffer between residential uses and nearbynonresidential uses;

(2) Separate different and otherwise incompatible land uses from each other in orderto partially or completely reduce potential nuisances such as dirt, dust, litter,noise, glare from motor vehicle headlights, intrusion from artificial light(including ambient glare), or view of signs, unsightly buildings or parking lots;

(3) Provide visual relief and a source of shade in parking lots and other areas, andprotection from wind in open areas; and

(4) Offer property owners protection against diminution of property values, if any,due to adjacent nonresidential use.

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§ 255-8.2. Coordination with site plan approval.

The Planning Board shall require a landscaping plan as part of the overall site plan for thepremises. Such landscaping plan shall be at a scale sufficient to determine compliance withthe specifications set forth in this article.

§ 255-8.3. General landscaping requirements.

Some combination of planting, screening, or fencing shall be installed at the followinglocations:

A. Property line(s) which also bound residential districts shall be screened fromnonresidential uses by means of plantings or maintenance of trees of a species commonto the area and appropriate for screening, spaced to minimize visual intrusion, andproviding an opaque year-round visual buffer between uses. Such plantings shall beprovided and maintained by the owner of the property used for nonresidential purposes.No part of any building or structure or paved space intended for or used as a parkingarea may be located within the buffer area. Planted buffer areas along property lineswhich also bound residential districts or uses shall be of a minimum depth of 20 feet.

B. Any accessory receptacle or structure with a holding capacity of at least 100 cubic feetfor temporary storage of solid or liquid waste materials, including garbage, rubbish,junk, discarded bulk items and similar waste items, shall be screened from all adjacentpremises and streets from which it would otherwise be visible in accordance with thisarticle.

C. Any loading area or HVAC equipment or other electrical equipment placed on theground level shall be screened from all adjacent premises and streets from which itwould otherwise be visible in accordance with this article.

§ 255-8.4. Planted area requirements.

Planted areas shall contain an appropriate mix of the following types of plants. Plant speciesshall be appropriate to proposed use, siting, soils, and other environmental conditions. Wherethe Planning Board determines that the planting of trees is impractical, the permit applicantmay substitute shrubbery for trees.

A. Shrubs and hedges shall be at least 2.5 feet in height at the time of planting, and have aspread of at least 18 inches.

B. Existing trees with a caliper of six inches or more shall be preserved wherever feasible.Measurement shall take place six inches above grade.

C. Deciduous trees shall be at least two inches in caliper as measured six inches above theroot ball at time of planting. Deciduous trees shall be expected to reach a height of 20feet within 10 years after planting. Evergreens shall be a minimum of eight feet inheight at the time of planting.

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§ 255-9.3§ 255-8.5

§ 255-8.5. Maintenance of landscaped areas.

The owner of the property used for nonresidential purposes shall be responsible for themaintenance, repair and replacement of all landscaping materials installed in accordance withthis article and shall have a continuing obligation to comply with the provisions set forthherein. All plant materials required by this article shall be maintained in a healthful condition.

§ 255-8.6. Reduction in requirements by special permit.

By special permit, the Planning Board may authorize a reduction in the requirements of thisarticle based on the criteria set forth in § 255-13.4C.

ARTICLE 9Additional Performance Standards

§ 255-9.1. General.

No activity shall be permitted in any district unless it shall be in conformity with thestandards included herein. After a permit is issued in accordance with this article, continuingcompliance is required. When the Building Inspector suspects a subsequent violation theymay, as necessary, obtain expert advice which, if the violation is established, shall be paid forby the violator; otherwise, by the Town. The following standards are hereby established.

§ 255-9.2. Noise.

No use shall be permitted within the Town which, by reason of excessive noise generatedtherefrom, would cause nuisance or hazard to persons or property, as set forth in 310 CMR7.10. No person shall operate or cause to be operated any source of sound in a manner thatcreates a sound level which exceeds 70 dBA or 10 dBA above ambient, whichever is lower,when measured at the property boundary of the receiving land use.

§ 255-9.3. Erosion control.

Site design, materials, and construction processes shall be designed to avoid erosion damage,sedimentation, or uncontrolled surface water runoff by conformance with the following:

A. Grading or construction which will result in final slopes of 15% or greater on 25% ormore of lot area, or on 20,000 square feet or more on a single lot, even if less than 25%of lot area, shall be allowed only by special permit from the Planning Board, whichshall be granted only upon demonstration that adequate provisions have been made toprotect against erosion, soil instability, uncontrolled surface water runoff, or otherenvironmental degradation. Applications and plans for such special permits shall bereferred to the Conservation Commission for its advisory review.

B. All such slopes exceeding 15% which result from site grading or construction activitiesshall either be covered with topsoil to a depth of four inches and planted withvegetative cover sufficient to prevent erosion or be retained by a wall constructed ofmasonry, reinforced concrete or treated pile or timber.

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C. No area or areas totaling 0.5 acre or more on any parcel or contiguous parcels in thesame ownership shall have existing vegetation clear-stripped or be filled six inches ormore so as to destroy existing vegetation unless in conjunction with agriculturalactivity, or unless necessarily incidental to construction on the premises under acurrently valid building permit, or unless within streets which are either public ordesignated on an approved subdivision plan, or unless a special permit is approved bythe Planning Board on condition that runoff will be controlled, erosion avoided, andeither a constructed surface or cover vegetation will be provided not later than the firstfull spring season immediately following completion of the stripping operation. Nostripped area or areas which are allowed by special permit shall remain through thewinter without a soil control plan approved by the Planning Board, except in the caseof agricultural activity where such temporary cover would be infeasible.

D. The Building Inspector may require the submission of all information from the buildingpermit applicant or the landowner, in addition to that otherwise specified herein,necessary to ensure compliance with these requirements, including, if necessary,elevations of the subject property, description of vegetative cover, and the nature ofimpoundment basins proposed, if any.

E. In granting a special permit hereunder, the Planning Board shall, unless waived, requirea performance bond to ensure compliance with the requirements of this section.

F. Hillside areas, except naturally occurring ledge or bedrock outcroppings or ledge cuts,shall be retained with vegetative cover as per an approved plan.

§ 255-9.4. Outdoor lighting.

Outdoor lighting, including lighting on the exterior of a building or lighting in parking areas,shall be arranged to minimize glare and light spilling over to neighboring properties and thenight sky.

§ 255-9.5. Nuisance.

Cinders, dust, fumes, gases, odors, smoke, radiation, refuse or other waste materials shall beeffectively confined to the premises and treated or disposed of in accordance with state,federal, and Town laws and regulations.

§ 255-9.6. Interference.

No process shall be used which creates visual or audible interference in any radio ortelevision receivers off the premises or causes fluctuations in excess of 10% in line voltageoff the premises.

§ 255-9.7. Flammable or explosive substances.

All activities involving, and all storage of, flammable and explosive materials shall beprovided with adequate safety devices against hazards from fire and explosion, and with

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§ 255-10.1§ 255-9.7

13. Editor's Note: See Ch. 133, Earth Removal.

adequate firefighting and fire suppression equipment standards established by local, state, andfederal regulations.

§ 255-9.8. Pests.

All materials which may be edible by or attractive to rodents or insects shall, when stored inor outdoors, be stored in tightly closed containers, and separated as required.

ARTICLE 10Special Regulations

§ 255-10.1. Soil stripping, earth removal and grading.

A. Removal of earth. The removal or extraction from any site of soil, loam, sod, sand,gravel, quarried stone or any combination thereof, hereinafter called "earth," forming apart of the real estate in the Town of Wenham is prohibited in all districts, except aspermitted by the Earth Removal Bylaw of the Town of Wenham.13

B. Grading and redistribution of earth. The grading and redistribution of earth on the siteis prohibited without special permit issued by the Planning Board except under thefollowing conditions:

(1) Where alteration of the existing topographical contours is less than five feet andless than 500 cubic yards of earth is to be redistributed, or when necessarilyincidental to the construction at the site for which a building permit has beenissued and when such incidental grading involves redistribution of less than 1,000cubic yards of earth;

(2) Where grading will be made only above a grade substantially level with adjoininglots; and

(3) When made in such a manner as:

(a) Not to cause depression in which rain and other water may collect; and

(b) To avoid any detrimental increase in drainage onto adjoining lots.

C. Permits for grading and redistribution of earth. The Planning Board shall hear anddecide petition for permits by holding a public hearing in accordance with MGL c.40A, §§ 9 and 11.

(1) The applicant shall make written application and shall show to the satisfaction ofthe Planning Board that such alteration of the site for which the application ismade will not alter any significant topographical feature and will not cause anuisance, noise, vibration, dust, smoke, gas fumes, odor, or other objectionablefeatures; will not be hazardous because of fire or explosion or other reason; willnot adversely affect the economic status of the district or the Town; will not beinjurious or dangerous to the public health and welfare of the district or Town;

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and will not result in a change in topography and cover which will bedisadvantageous to the appropriate reuse of the land as permitted by this ZoningBylaw.

(2) The Planning Board may grant a permit on conditions especially designed to:

(a) Safeguard the district and the Town against permanent and temporary injuryto the stabilized values in the district after the operations are completed orbecause of the methods of handling such materials at the site; and

(b) Ensure that such grading or redistribution of earth will not result in achange in topography or cover which will be disadvantageous to theappropriate reuse of the land as permitted by this Zoning Bylaw.

(3) The applicant may be required to file a suitable bond, or other acceptableperformance surety acceptable to the Planning Board, to guarantee adherence tothe above conditions and requirements so that the site will be left in, or returnedto, a suitable condition and will not be a hazard.

(4) The Planning Board may, after a hearing and finding of violation of the terms ofany permit issued, withdraw the permit, after which the use shall be discontinuedand a reclamation plan approved by the Planning Board implemented.

(5) Failure to apply for a permit and each day thereafter in violation of this bylawand, where a permit has been issued, each day in violation of the conditions ofthe permit, shall constitute a separate offense subject to fine, as defined under§ 255-13.1F of this bylaw.

§ 255-10.2. Large-scale ground-mounted solar photovoltaic installations.

A. Purpose. The purpose of this section is to:

(1) Promote the creation of new large-scale ground-mounted solar photovoltaicinstallations;

(2) Provide standards for the placement, design, construction, operation, monitoring,modification and removal of such installations that address public safety, andminimize impacts on scenic, natural and historic resources; and

(3) Provide adequate financial assurance for the eventual decommissioning of suchinstallations.

B. Applicability. This section applies to any large-scale ground-mounted solar photovoltaicinstallation, as defined herein, and shall supersede any conflicting provisions of thisbylaw. Such installation may proceed in all districts without the need for a specialpermit, variance, zoning amendment, waiver, or other discretionary approval. Suchinstallation shall be subject to site plan review by the Planning Board pursuant to§ 255-13.5 of this bylaw and the additional requirements set forth in § 255-10.2D andE. Any substantial modification to an approved installation made after issuance of therequired building permit shall also require approval by the Planning Board.14

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15. Editor's Note: See MGL c. 25A, § 10(c).


C. Definitions. The following definitions shall apply in this section:

ABANDONMENT — Absent notice of a proposed date of decommissioning, or writtennotice of extenuating circumstances and the written consent of the Planning Board, asolar photovoltaic installation shall be considered abandoned when it fails to operate formore than two years. The burden of proof shall be on the owner or operator.

LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAICINSTALLATION — A solar photovoltaic system on a parcel, or set of contiguousparcels in common ownership on the effective date of this section, of at least 20 acresthat is structurally mounted on the ground and is not roof-mounted, and has a minimumnameplate capacity of 250 kW DC.

ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION — A solar photovoltaicinstallation that is constructed at a location where other uses of the underlying propertyoccur.

RATED NAMEPLATE CAPACITY — The maximum rated output of electric powerproduction of the photovoltaic system in direct current (DC).

D. General requirements.

(1) Building permit. No large-scale solar photovoltaic installation shall beconstructed, installed, or modified as provided in this section without firstobtaining a building permit as specified in § 255-13.1D of this bylaw and payingthe associated fee.

(2) Site plan review. A site plan shall be submitted in accordance with therequirements of § 255-13.5. In order to comply with the provisions of Section22(c) of the Green Communities Act,15 site plan review shall be expedited and nodecision shall be rendered more than one year after the date of application.

E. Additional requirements for large-scale photovoltaic installations. The followingadditional requirements apply specifically to large-scale photovoltaic installations.

(1) Documentation. In addition to the information required by § 255-13.5E of thisbylaw, the applicant shall submit the following documentation:16

(a) Drawings of the solar photovoltaic installation signed by a professionalengineer licensed to practice in the Commonwealth of Massachusettsshowing the proposed layout of the system and any potential shading fromnearby structures;

(b) Documentation of actual or prospective access and control of the projectsite sufficient to allow for construction and operation of the proposed solarphotovoltaic installation;

(c) One- or three-line electrical diagram detailing the solar photovoltaicinstallation, associated components, and electrical interconnection methods,

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with all National Electrical Code-compliant disconnects and overcurrentdevices;

(d) Documentation of the major system components to be used, including thePV panels, mounting system, and inverter;

(e) Name, address, and contact information for proposed system installer;

(f) Name, address, phone number and signature of the project proponent, aswell as all co-proponents or property owners, if any;

(g) The name, contact information and signature of any agents representing theproject proponent;

(h) An operation and maintenance plan including measures for maintaining safeaccess to the installation, stormwater controls, as well as general proceduresfor operational maintenance of the installation;

(i) Proof of liability insurance;

(j) Description of financial surety that satisfies Subsection O; and

(k) Evidence that the utility company that operates the electrical grid where theinstallation is to be located has been informed of the applicant's intent toinstall an interconnected customer-owned generator. Off-grid systems shallbe exempt from this requirement.

(2) Construction and operation.

(a) The construction and operation of all large-scale solar photovoltaicinstallations and all buildings and fixtures shall be consistent with allapplicable federal, state, and local requirements, including but not limited toall applicable safety, construction, electrical, and communicationsrequirements.

(b) Clearing and trimming of natural vegetation shall be limited to what isnecessary for the construction, operation, and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribedby applicable laws, regulations, and bylaws. The Planning Board mayrequire plantings or screening in appropriate circumstances.

F. Dimension and density requirements; setbacks. For large-scale ground-mounted solarphotovoltaic installations, front, side, and rear setbacks shall be as follows; provided,however, that by special permit the Planning Board may authorize a smaller front, sideor rear yard setback:

(1) Front yard. The front yard depth shall be at least 300 feet.

(2) Side yard. Each side yard shall have a depth at least 300 feet.

(3) Rear yard. The rear yard depth shall be at least 300 feet.

G. Accessory structures. All accessory structures shall be related to the large-scale ground-mounted solar photovoltaic installations on the locus, and shall be limited to one story

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§ 255-10.2§ 255-10.2

in height. Such accessory structures may include equipment shelters, storage facilities,transformers, and substations. All accessory structures shall meet the setbackrequirements of Subsection F for the district; provided, however, that the PlanningBoard may impose greater setbacks as a condition if site plan approval. Accessorystructures shall be screened from view from adjacent residentially zoned or occupiedproperties by landscaping or other means and/or joined or clustered to avoid adversevisual impacts.

H. Lighting. Lighting of solar photovoltaic installations shall be consistent with local,state, and federal law. Lighting of other parts of the installation, such as accessorystructures, shall be limited to that required for safety and operational purposes, andshall not cast measurable light onto adjacent properties or into the night sky. Lightingof the solar photovoltaic installation shall be directed downward and shall incorporatefull cutoff fixtures to reduce light pollution.

I. Signs. Signs on large-scale ground-mounted solar photovoltaic installations shallcomply with Article 7 of this bylaw. Such installation shall display a sign identifyingthe owner and providing a twenty-four-hour emergency contact phone number. Suchinstallations shall not be used for displaying any advertising except for reasonableidentification of the manufacturer or operator of the installation.

J. Utility connections. The Planning Board may require as a condition of site planapproval that all utility connections from the solar photovoltaic installation shall beunderground, after considering soil conditions, shape, and topography of the site andany requirements of the utility provider. Electrical transformers for utilityinterconnections may be above ground if required by the utility provider.

K. Emergency services. The large-scale solar photovoltaic installation owner or operatorshall provide a copy of the project summary, electrical schematic, and site plan to theFire Chief. Upon request, the owner or operator shall cooperate with local emergencyservices in developing an emergency response plan. All means of shutting down thesolar photovoltaic installation shall be clearly marked. The owner or operator shallidentify a responsible person for public inquiries throughout the life of the installation.

L. Monitoring and maintenance; reporting. The owner or operator of the large-scaleground-mounted solar photovoltaic installation shall maintain the facility in goodcondition. Maintenance shall include, but not be limited to, painting, structural repairs,and integrity of security measures. Site access shall be maintained to a level acceptableto the local Fire Chief and emergency medical services, as prescribed in the site planapproval of the Planning Board. The owner or operator shall be responsible for the costof maintaining the solar photovoltaic installation and any access road(s), unlessaccepted as a public way. The owner or operator shall provide a copy of any reportrequired to be submitted to the Massachusetts Department of Energy Resources to thePlanning Board at the time of such submittal.

M. Abandonment or decommissioning. Any large-scale ground-mounted solar photovoltaicinstallation which has reached the end of its useful life or has been abandoned shall beremoved. The owner or operator shall physically remove the installation no more than150 days after the date of discontinued operations or abandonment. The owner oroperator shall notify the Planning Board by certified mail of the proposed date ofdiscontinued operations and plans for removal. Decommissioning shall consist of:

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(1) Physical removal of all large-scale ground-mounted solar photovoltaicinstallations, structures, equipment, security barriers, and transmission lines fromthe site.

(2) Disposal of all solid and hazardous waste in accordance with local, state, andfederal waste disposal regulations.

(3) Stabilization or revegetation of the site as necessary to minimize erosion. ThePlanning Board may allow the owner or operator to leave landscaping ordesignated below-grade foundations in order to minimize erosion and disruptionto vegetation.

N. Removal by Town. If the owner or operator of the large-scale ground-mounted solarphotovoltaic installation fails to remove the installation in accordance with therequirements of this section within 150 days of abandonment or the proposed date ofdecommissioning, the Town may enter the property and physically remove theinstallation.

O. Performance guarantee. The Planning Board shall require an applicant for a large-scaleground-mounted solar photovoltaic installation to provide a performance guarantee, inthe form of an escrow account, bond or tripartite agreement, to cover the cost ofremoval in the event the Town must remove the installation and repair any damagedone to the subject property, in an amount and form determined to be reasonable by theBoard. Such performance guarantee shall not be required for municipal- or state-ownedfacilities.

P. Accessory roof-mounted solar photovoltaic installations. Nothing in this section shall beconstrued to prevent the installation, pursuant to MGL c. 40A, § 3, of accessory roof-mounted solar photovoltaic installations in any district.

ARTICLE 11Special Residential Regulations

§ 255-11.1. Flexible development.

A. Purpose. The purpose of a flexible development is to:

(1) Encourage the preservation of open land for its scenic beauty and to enhanceagricultural, open space, forestry, and recreational use;

(2) Preserve historical and archaeological resources; to protect the naturalenvironment, including the Town's varied landscapes and water resources;

(3) Protect the value of real property;

(4) Promote more sensitive siting of buildings and better overall site planning;

(5) Perpetuate the appearance of the Town's traditional New England landscape;

(6) Facilitate the construction and maintenance of streets, utilities, and public servicesin a more economical and efficient manner;

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(7) Offer an alternative to standard subdivision development; and/or

(8) Promote the development of housing affordable to low-, moderate-, and median-income families.

B. Applicable definitions. The following terms shall have the following definitions for thepurposes of this section:

AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS LOW-INCOME —Affordable to persons in the area under the applicable guidelines of the Commonwealth'sDepartment of Housing and Community Development earning less than 50% of themedian income.

AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS MODERATE-INCOME — Affordable to persons in the area under the applicable guidelines of theCommonwealth's Department of Housing and Community Development earning morethan 50% but less than 80% of the median income.

CONTIGUOUS OPEN SPACE — Open space suitable, in the opinion of the PlanningBoard, for the purposes set forth herein. Such open space may be separated by the road(s)constructed within the flexible development. Contiguous open space shall not includerequired yards.

C. Applicability. In accordance with the following provisions, a flexible developmentproject may be created, whether a subdivision or not, from any parcel or set ofcontiguous parcels held in common ownership and located in the districts set forth inthe Table of Use Regulations.

D. Modification of lot requirements. The Planning Board encourages applicants forflexible development to modify lot size, shape, and other dimensional requirements forlots within a flexible development, subject to the following limitations:

(1) Lots having reduced area or frontage shall not have frontage on a public way butrather on a street created by the flexible development; provided, however, that thePlanning Board may waive this requirement where it is determined that suchreduced lots are consistent with existing development patterns in theneighborhood.

(2) At least 50% of the required side and rear yards in the district shall be maintainedin the flexible development.

E. Contiguous open space. A minimum of 40% of the parcel shown on the developmentplan shall be contiguous open space. Any proposed contiguous open space, unlessconveyed to the Town or its Conservation Commission, shall be subject to a recordedrestriction enforceable by the Town, providing that such land shall be perpetually keptin an open state, that it shall be preserved for exclusively agricultural, horticultural,educational or recreational purposes, and that it shall be maintained in a manner whichwill ensure its suitability for its intended purposes.

(1) The percentage of the contiguous open space which is wetlands shall notnormally exceed the percentage of the tract which is wetlands; provided,however, that the applicant may include a greater percentage of wetlands in suchopen space upon a demonstration that such inclusion promotes the purposes set

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forth in Subsection A above. In no case shall the percentage of contiguous openspace which is wetlands exceed 50% of the tract.

(2) The contiguous open space shall be used for conservation, historic preservationand education, outdoor education, recreation, park purposes, agriculture,horticulture, scenic vistas, forestry, or for a combination of these uses, and shallbe served by suitable access for such purposes.

(3) The contiguous open space shall remain unbuilt upon, provided that the PlanningBoard may permit up to 10% of such open space to be paved or built upon forstructures accessory to the dedicated use or uses of such open space, pedestrianwalks, and bike paths.

(4) Underground utilities to serve the flexible development site may be located withinthe contiguous open space.

F. Ownership of the contiguous open space. The contiguous open space shall, at thePlanning Board's election, be conveyed to:

(1) The Town or its body incorporate;

(2) A nonprofit organization, the principal purpose of which is the conservation ofopen space and any of the purposes for such open space set forth above;

(3) A corporation or trust owned jointly or in common by the owners of lots withinthe flexible development. If such corporation or trust is utilized, ownershipthereof shall pass with conveyance of the lots in perpetuity. Maintenance of suchopen space and facilities shall be permanently guaranteed by such corporation ortrust, which shall provide for mandatory assessments for maintenance expenses toeach lot. Each such trust or corporation shall be deemed to have assented to allowthe Town to perform maintenance of such open space and facilities, if the trust orcorporation fails to provide adequate maintenance, and shall grant the Town aneasement for this purpose, if so required. In such event, the Town shall firstprovide 14 days' written notice to the trust or corporation as to the inadequatemaintenance, and, if the trust or corporation fails to complete such maintenance,the Town may perform it. In the event that the Town is not promptly reimbursedfor the cost of such maintenance, the Town may lien any improvement on theproperty. Each individual deed, and the deed or trust or Articles of Incorporation,shall include provisions designed to effect these provisions. Documents creatingsuch trust or corporation shall be submitted to the Planning Board for approval,and shall thereafter be recorded.

G. Basic maximum number of dwelling units. The basic maximum number of dwellingunits allowed in a flexible development shall not exceed the number of lots whichcould reasonably be expected to be developed upon the site under a conventional planin full conformance with all zoning, subdivision regulations, health regulations,wetlands regulations, and other applicable requirements. The proponent shall have theburden of proof with regard to the design and engineering specifications for suchconventional plan.

H. Density bonus. The Planning Board may award a density bonus to increase the numberof dwelling units beyond the basic maximum number. The density bonus for the

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flexible development shall not, in the aggregate, exceed 50% of the basic maximumnumber. The units required by Subsection I shall not be considered as density bonusunits. Computations shall be rounded to the lower number. A density bonus may beawarded in the following circumstances:

(1) For each additional 10% of the site (over and above the required 40%) set asideas contiguous open space, a bonus of 5% of the basic maximum number may beawarded; provided, however, that this density bonus shall not exceed 25% of thebasic maximum number.

(2) For every two dwelling units restricted to occupancy by persons over the age of55, one dwelling unit may be added as a density bonus; provided, however, thatthis density bonus shall not exceed 25% of the basic maximum number.

I. Affordable component.

(1) As a condition of the grant of any special permit for a flexible development,affordable housing shall be provided in perpetuity in the following manner:

(a) Ten percent of the units shall be affordable to persons or families qualifyingas low-income; or

(b) Fifteen percent of the units shall be affordable to persons or familiesqualifying as moderate-income.

(2) These affordable units are calculated based upon the basic maximum number ofunits. Density bonus units, if any, are not included in the calculation. Therestriction shall be approved as to form by legal counsel to the Planning Board,and a right of first refusal upon the transfer of such restricted units shall begranted to the local Housing Authority for a period not less than 120 days afternotice thereof.

J. Types of buildings. The flexible development may consist of any combination ofsingle-family and multifamily residential structures. A multifamily structure shall notcontain more than four dwelling units. The architecture of all multifamily buildingsshall be residential in character, particularly providing gabled roofs, predominantlywood siding, an articulated footprint, and varied facades.17

K. Roads. The principal roadway(s) serving the site shall be designed to conform to thestandards of the Town where the roadway is or may be ultimately intended fordedication and acceptance by the Town. Private ways shall be adequate for the intendeduse and vehicular traffic as determined by the Planning Board and shall be maintainedby an association of unit owners or by the applicant.

L. Parking. Each dwelling unit shall be served by two off-street parking spaces. Parkingspaces in front of garages may count in this computation.

M. Buffer areas. A buffer area of 50 feet shall be provided at the perimeter of the propertywhere it abuts residentially zoned or occupied properties, except for drivewaysnecessary for access and egress to and from the site. No vegetation in this buffer area

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will be disturbed, destroyed, or removed, except for normal maintenance. The PlanningBoard may waive the buffer requirement where the land abutting the site is the subjectof a permanent restriction for conservation or recreation, so long as a buffer isestablished of at least 50 feet in depth, which may include such restricted land areawithin such buffer area calculation; or where the land abutting the site is held by theTown for conservation or recreation purposes; or where the Planning Board determinesthat a smaller buffer will suffice to accomplish the objectives set forth herein.

N. Drainage. Stormwater management shall be consistent with the requirements forsubdivisions set forth in the rules and regulations of the Planning Board, as well asstate and federal stormwater regulations and policies.

O. Permit procedures.

(1) A flexible development may be authorized upon the issuance of a special permitby the Planning Board. Applicants for flexible development shall file with thePlanning Board 10 copies of the following:

(a) A development plan conforming to the requirements for a preliminary planas set forth in the Subdivision Rules and Regulations of the PlanningBoard.18 Where wetland delineation is in doubt or dispute, the PlanningBoard may refer the matter to the Conservation Commission forclarification.

(b) Data on proposed wastewater disposal, which shall be referred to aconsulting engineer for review and recommendation.

(c) The Planning Board may also require as part of the development plan anyadditional information necessary to make the determinations andassessments cited herein.

(2) Design process. Each development plan shall follow the design process outlinedbelow. When the development plan is submitted, applicants shall be prepared todemonstrate to the Planning Board that this design process was considered indetermining the layout of proposed streets, house lots, and contiguous open space.

(a) Understanding the site. The first step is to inventory existing site features,taking care to identify sensitive and noteworthy natural, scenic, and culturalresources on the site, and to determine the connection of these importantfeatures to each other.

(b) Evaluating site context. The second step is to evaluate the site in its largercontext by identifying physical (e.g., stream corridors, wetlands),transportation (e.g., road and bicycle networks), and cultural (e.g.,recreational opportunities) connections to surrounding land uses andactivities.

(c) Designating the contiguous open space. The third step is to identify thecontiguous open space to be preserved on the site. Such open space should

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19. Editor's Note: See MGL c. 41, §§ 81K to 81GG.

include the most sensitive and noteworthy resources of the site and, whereappropriate, areas that serve to extend neighborhood open space networks.

(d) Location of development areas. The fourth step is to locate building sites,streets, parking areas, paths and other built features of the development.The design should include a delineation of private yards, public streets andother areas, and shared amenities, so as to reflect an integrated community,with emphasis on consistency with the Town's historical developmentpatterns.

(e) Lot lines. The final step is simply to draw in the lot lines (if applicable).

(3) Decision. The Planning Board may approve, approve with conditions, or deny anapplication for a flexible development after determining whether the flexibledevelopment better promotes the purposes of Subsection A of this section thanwould a conventional subdivision development of the same locus.

(4) Relation to other requirements. The submittals and permits of this section shall bein addition to any other requirements of the Subdivision Control Law19 or anyother provisions of this Zoning Bylaw.

ARTICLE 12Overlay and Special Districts

§ 255-12.1. Aquifer Protection Overlay District (APOD).

A. Purpose. The purpose of the Aquifer Protection Overlay District (APOD) is to promotethe public health by protecting, preserving, and maintaining the quality and quantity ofthe existing and potential groundwater supplies, aquifers, and recharge areas of theTown of Wenham as present and potential sources of public water supply.

B. Applicable definitions. For the purposes of this section, the following terms shall bedefined as set forth below:

ANIMAL FEEDLOT — A plot of land on which 25 or more livestock per acre are keptfor the purpose of feeding.

AQUIFER — Geologic formation composed of rock or sand and gravel that containssignificant amounts of potentially recoverable water.

GROUNDWATER — Slowly moving subsurface water present in aquifers and rechargeareas.

IMPERVIOUS SURFACES — Material on the ground that does not allow surface waterto penetrate into the soil, such as asphalt or granite.

LEACHABLE WASTES — Waste materials, including solid wastes, sewage, sludge,and agricultural wastes, that are capable of releasing waterborne contaminants into thesurrounding environment.

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MINING OF LAND — The removal or relocation of geologic materials such as topsoil,sand, gravel, metallic ores, or bedrock.

RECHARGE AREAS — Areas composed of permeable, stratified sand and gravel andcertain wetlands that collect precipitation or surface water and convey it to the aquifers.

SOLID WASTE — Useless, unwanted, or discarded solid materials with insufficientliquid content to be free-flowing, including but not limited to rubbish, garbage, scrapmaterials, junk refuse, inert fill material and landscape refuse.

UNDERLYING ZONING — The zoning regulations which apply to the developmentproject, with the exception of those contained in the APOD.

WETLANDS — As defined in MGL c. 131, § 40, and the implementing regulationsenacted thereunder and the bylaws of the Town of Wenham.

C. Overlay district. The APOD is an overlay district. The regulations of the underlyingdistrict shall remain in full force and effect, provided that, where conflicts between theAPOD and the underlying district exist, the provisions of the APOD shall govern unlessthe underlying district is more restrictive, in which case it will govern.

D. Location. The APOD shall be comprised of the areas shown on a map on file in theoffice of the Town Clerk entitled "Aquifer Protection District Map Town of Wenham,"dated March 1990 and prepared by Hancock Associates ("APD Map"). The APODcomprises areas in the Town lying within the aquifer recharge areas which now or mayin the future provide public water supply. For data, standards and procedures by whichthe boundary of the APOD was established see "Report on Aquifer Planning Study,Wenham, Massachusetts" by Haley & Aldrich, Inc., dated September 1987.

E. Boundary disputes. Where the applicant disputes the boundaries delineated on theAPOD Map, the burden of proof shall be on the applicant to show where theboundaries should properly be located. In the event such a dispute arises, at the requestof the Zoning Board of Appeals the applicant shall make available to the Zoning Boardof Appeals funds sufficient to cover expenses connected with engaging a consultant onbehalf of the Zoning Board of Appeals to determine more accurately the location andextent of an aquifer or recharge area, or a watershed. Consultants hired by the applicantor the Town shall be limited to registered professional hydrologists, certifiedprofessional geologic scientists, registered professional engineers, certified groundwaterprofessionals, and certified professional soil scientists. The provisions of the APODshall not apply to any portion of a parcel where the applicant has shown to thesatisfaction of the Zoning Board of Appeals that there is no hydrological basis forincluding the parcel in the APOD.

F. Permitted uses. The following uses are permitted in the APOD where also permitted bythe underlying district:

(1) Conservation of soil, water, plants, and wildlife.

(2) Outdoor recreation, nature study, boating, fishing, and hunting where otherwiselegally permitted.

(3) Footpaths, bicycle and/or horse paths, boat docks, and bridges.

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(4) Normal operation and maintenance of existing water bodies and dams, splashboards, and other water control, supply, and conservation devices.

(5) Uses rendering impervious less than 20% of a lot (exclusive of wetlands and landin the Floodplain Overlay District).

(6) Farming, gardening, nursery, forestry, harvesting, and grazing, provided thatfertilizers, herbicides, pesticides, and other leachable materials are not storedoutdoors and are applied in accordance with local, state and federal regulations.

G. Design and operation requirements and guidelines. Applications made under thissection of the bylaw shall include proposed methods, as described below, for preventingor minimizing harmful effects on the quality or quantity of ground or surface water inthe APOD.

(1) Location. Where the premises are partially outside the APOD, potential sourcesof pollution, if permitted, shall be located outside the APOD to the extentfeasible.

(2) Drainage. All runoff from impervious surfaces shall be recharged on the site tothe maximum extent possible. The preferred method is diversion toward vegetatedareas for surface infiltration. Underground leaching facilities shall only be usedwhere other methods are not feasible for reasons other than cost, and shall bepreceded by oil, grease, and sediment traps to facilitate removal of contaminants.

(3) Monitoring. Periodic monitoring may be required by the Zoning Board ofAppeals, including sampling of wastewater disposed to on-site systems or drywells and sampling from groundwater monitoring wells to be located andconstructed as specified in the special permit with reports to the Zoning Board ofAppeals, the Board of Health, the Conservation Commission, and the WaterDepartment. The costs of monitoring, including sampling and analysis, shall beborne by the applicant.

(4) Erosion and sedimentation control. Erosion and sedimentation measures approvedby the Zoning Board of Appeals or its agent shall be in place before thecommencement of any operation which will expose the erodible materials to theelements. Filter fabric shall be used for sediment retention. Such control measuresshall remain in place until the Zoning Board of Appeals or its agent determinesthat the danger of erosion or sedimentation no longer exists.

H. Prohibited uses. The following uses are prohibited in the APOD:

(1) Disposal of solid wastes, other than brush, stumps, and other organic materialgenerated on the site.

(2) Storage of petroleum or other refined petroleum products (except propane andnatural gas) unless secondary containment of the tank and piping is provided,with the exception of such storage tanks in existence as of the effective date ofthis bylaw, in which case if replaced and not enlarged, this provision shall notapply.

(3) The disposal of liquid or leachable wastes, except through residential septicsystems. The repair and/or expansion of septic systems existing as of the effective

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date of this bylaw is permitted, provided they comply with Title 5, 310 CMR15.00 et seq., and Wenham Board of Health regulations.

(4) New commercial and industrial uses which discharge wastewater on site.

(5) Storage of road salt except in confined and covered areas.

(6) Dumping of snow containing deicing chemicals which is brought in from outsidethe APOD.

(7) Animal feedlots.

(8) The storage of uncovered manure in quantities greater than residential landscapeor gardening use.

(9) Mining of land except as incidental to a permitted use.

(10) Storage or disposal of hazardous wastes, as defined by the Hazardous WasteRegulations promulgated by the Division of Hazardous Waste of the Departmentof Environmental Protection, the Water Resources Commission, and the Divisionof Water Pollution Control under the provisions of MGL c. 21, § 27(8).20

(11) Automotive service and repair shops, trucking and bus terminals, and junk andsalvage yards.

I. Uses requiring special permit. The following uses may be authorized by special permitin the APOD subject to the approval of the Zoning Board of Appeals which mayimpose such conditions as it deems necessary to further the purposes set forth in thissection:

(1) The application of fertilizers for nondomestic or nonagricultural uses, providedthat such application shall be made in such a manner as to minimize the adverseimpacts on groundwater due to nutrient transport and deposition andsedimentation.

(2) Golf courses.

J. Permit procedure. The Zoning Board of Appeals shall be the special permit grantingauthority for special permits in the APOD. The special permit procedures in § 255-13.4,but not the criteria, shall apply to the review of special permit uses in the APOD. Aspecial permit in the APOD shall not be made personal to the applicant and shallinstead run with the land.

(1) Ten copies of the application shall be filed with the Town Clerk and certified asto date of receipt. The Zoning Board of Appeals shall refer copies of theapplication to the Board of Health, Planning Board, Conservation Commission,Water Department and Department of Public Works, so each board may review,either jointly or separately, the application and submit comments in writing to theZBA within 45 days of its receipt of the application. Failure to do so shall bedeemed lack of opposition.21

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(2) Applicants shall provide a site plan prepared by a professional engineer or aprofessional land surveyor, showing existing and proposed structures and anarrative description of the measures proposed to comply with the requirementsof Subsection K.

K. Standards and criteria for special permit review. In determining whether to approve,approve with conditions, or deny a special permit in the APOD the Zoning Board ofAppeals shall consider whether the use:

(1) Is consistent with the purpose set forth in Subsection A;

(2) Is appropriate to the natural topography, soils and other characteristics of the siteto be developed; and

(3) Will not, during construction or thereafter, have an adverse impact on the aquiferor recharge area.

L. Lapse. Special permits issued under this section shall lapse within two years (notincluding the duration of an appeal made under MGL c. 40A) from the grant thereof, ifa substantial use has not commenced sooner except for good cause, or in the case of apermit for construction, if construction has not begun by such date except for goodcause as determined by the Zoning Board of Appeals.

M. Rules and regulations. The Zoning Board of Appeals may enact rules and regulations toimplement the provisions of this section of the bylaw.

§ 255-12.2. Floodplain Overlay District (FPOD).

A. Purpose. The purpose of the Floodplain Overlay District (FPOD) is to:

(1) Protect the public health, safety and general welfare;

(2) Protect human life and property from the hazards of periodic flooding; and

(3) Preserve the natural flood control characteristics and the flood storage capacity ofthe floodplains in Wenham.

B. Overlay district. The FPOD is established as an overlay district to all other districts.Any development within the FPOD, whether structural or nonstructural, shall be subjectto all otherwise applicable requirements of the underlying zoning district in which it islocated, including the usual use and dimensional requirements.

C. Location. The FPOD includes all special flood hazard areas within the Town ofWenham designated as Zone A, AH and AE on the Essex County Flood Insurance RateMap (FIRM) issued by the Federal Emergency Management Agency (FEMA) for theadministration of the National Flood Insurance Program (NFIP). The map panels of theEssex County FIRM that are wholly or partially within the Town of Wenham are panelnumbers 25009C0406F, 25009C0407F, 25009C0408F, 25009C0409F, 25009C0426F,25009C0427F, 25009C0428F, 25009C0429F, and 25009C0433F dated July 3, 2012.The exact boundaries of the FPOD may be defined by the 100-year base floodelevations shown on the FIRM and further defined by the Essex County FloodInsurance Study (FIS) report dated July 3, 2012. The FPOD locations and boundaries

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also include all floodplain areas shown on the Town of Wenham Floodplain DistrictZoning Map dated 1973, prepared by Essex Survey Service, Inc., Salem, MA. Theseareas comprise the 100-year floodplain, also known as the "base flood elevation," in theTown of Wenham. The "base flood" means that flood which has a 1% chance of beingequaled or exceeded in any given year. The FIRM and Wenham Floodplain DistrictZoning Map are incorporated herein by reference and are on file with the Town Clerk,Planning Board, Building Inspector, Conservation Commission, and Zoning Board ofAppeals.

D. Uses permitted by right. The following uses of low flood damage potential and usescausing no obstructions to flood flows shall be allowed, provided they are permitted inthe underlying district and they do not require structures, fill, alteration in topographyor existing soil and surface water levels, or storage of materials and equipment:

(1) Agricultural uses, including farming, grazing, horticulture, and similar activities.

(2) Forestry and nursery uses.

(3) Outdoor recreational uses, including fishing, boating, play areas, and similaractivities.

(4) Conservation of water, plants, and wildlife.

(5) Wildlife management areas and foot, bicycle, and horse paths.

(6) Temporary nonresidential structures used in connection with fishing, growing,harvesting, storage, or sale of crops raised on the premises.

(7) Buildings lawfully existing prior to the adoption of these provisions which shallnot hereafter be enlarged or extended, nor shall such buildings be adapted forsustained human occupation unless otherwise already in use for such purposes onMay 13, 1989.

E. Uses requiring special permit. Alterations to any land or structure in the FloodplainDistrict, whether structural or non-structural, except for those uses permitted by right,require a special permit issued by the Planning Board.

F. Permit process.

(1) Application. Applications submitted hereunder which propose to alter a portion ofthe one-hundred-year floodplain shall document on a site plan the extent of theapplicable floodplain, as defined in Subsection C.

(a) For activities proposed in the unnumbered A Zones of the FIRM Map,drainage calculations may further determine the elevation of the 100-yearfloodplain in the area utilizing actual topography and the methodology setforth in 310 CMR 10.57(2).

(b) For activities proposed in FIRM 100-year floodplain zones for which aletter of map revision or a letter of map amendment has been issued by theFederal Emergency Management Agency, the letter of map amendment orletter of map revision shall be included with any application.

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(2) Conditions. Prior to the issuance of any building permit in the FPOD, theapplicant shall first present evidence to the satisfaction of the Building Inspectorof compliance with the following requirements:

(a) The Massachusetts State Building Code, 780 CMR. (Satisfactory evidenceshall consist of a building permit or a determination by the BuildingInspector that such building permit is not required for the work proposed.)

(b) The Wetlands Protection Act regulations, 310 CMR 10.00. (Satisfactoryevidence shall consist of a determination that no notice of intent is requiredfor the project, or an order of conditions for the project, or a notification ofnonsignificance, or an extension permit from the Conservation Commissionor the Massachusetts Department of Environmental Protection.)

(c) The Inland Wetlands Restriction Act, 310 CMR 13.00. (Satisfactoryevidence shall consist of any order, as amended, modified, corrected, orrepealed, issued by the Massachusetts Department of EnvironmentalProtection.)22

(d) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,310 CMR 15, Title 5. (Satisfactory evidence shall consist of any permitissued by the Board of Health for the project and/or a written statementfrom the Board of Health or its agent that no such permit is necessary forthe project.)

(e) The Wenham Water Resources Protection Bylaw, General Bylaws Chapter242, and its accompanying regulations (satisfactory evidence shall consistof a determination that no notice of intent is required for the project, or apermit for the project, or a notification of nonsignificance, or an extensionpermit), including:

[1] In Zones A and AE, along watercourses that have not had aregulatory floodway designated, the best available federal, state, localor other floodway data shall be used to prohibit encroachments infloodways which would result in any increase in flood levels withinthe community during the occurrence of the base flood discharge. InZone AE, inclusive, along watercourses that have not had a regulatoryfloodway designated, no new construction, substantial improvement,or other development shall be permitted unless it is demonstrated thatthe cumulative effect of the proposed development, when combinedwith all other existing and anticipated development, will not increasethe water surface elevation of the base flood. In Zone AE, inclusive,along watercourses that have a regulatory floodway designated withinthe Town of Wenham on the Essex County FIRM, encroachments areprohibited in the regulatory floodway which would result in anyincrease in flood levels within the community during the occurrenceof the base flood discharge; and

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[2] In a riverine situation, evidence shall be provided that the followingentities have been notified of any alteration or relocation of awatercourse:

[a] Adjacent communities.

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

251 Causeway Street, Suite 600-700

Boston, MA 02114-2104

[b] NFIP Program Specialist.

Federal Emergency Management Agency, Region I

99 High Street, 6th Floor

Boston, MA 02110

[3] All subdivision proposal must be designed to assure that:

[a] Such proposals minimize flood damage;

[b] All public utilities and facilities are located and constructed tominimize or eliminate flood damage; and

[c] Adequate drainage is provided to reduce exposure to floodhazards.

[4] Base flood elevation data is required for subdivision proposals orother developments greater than 50 lots or five acres, whichever is thelesser, within unnumbered A Zones.

[5] Within Zone AH on the FIRM, adequate drainage paths must beprovided around structures on slopes, to guide floodwaters around andaway from proposed structures.

§ 255-12.3. Senior Housing Overlay District (SHOD).

A. Purpose. The purpose of the Senior Housing Overlay District (SHOD) is to provide,upon the grant by the Planning Board of a special permit and the approval of site plan,multifamily residences for persons over the age of 55, such housing to be owned andcontrolled only by a nonprofit organization, or by a cooperative housing corporation, orby the Town or by the Wenham Housing Authority, or jointly by such organizations aspermitted by law.

B. Applicable definitions. For the purposes of the SHOD, the following terms shall bedefined as set forth below:

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COOPERATIVE HOUSING CORPORATION — A corporation formed pursuant toMGL c. 157B, whose articles of organization contain limitations on the transfer value ofits stock.

NONPROFIT ORGANIZATION — A corporation, foundation or other organization nopart of the net earnings of which inures to the benefit of any private shareholder orindividual and which, if appropriate, has been organized pursuant to MGL c. 180, asamended.

C. Overlay district. The SHOD is an overlay district. In order to qualify as an SHOD andfor the Town Meeting to rezone the property accordingly, the parcel must contain thefollowing minimum area:

(1) Where land is to be developed solely for multifamily residences the site shallcontain not less than 7.5 acres exclusive of any area of land lying in theFloodplain Overlay District.

(2) Where land is to be developed as a housing incentive development, the site shallcontain not less than 35 acres exclusive of any area of land lying in theFloodplain Overlay District.

(3) A portion of these total land areas may be within an abutting town.

D. Permitted uses and uses requiring special permit. In an SHOD, no building or land shallbe used and no buildings shall be erected or converted except under the followingconditions:

(1) Any of the uses permitted, as a matter of right, in the underlying residentialdistrict, provided that multifamily residence housing units comply in all respectswith requirements of this bylaw that are applicable to the residential district.

(2) A housing incentive development consisting of multifamily residences for thepersons over the age of 55 together on the same lot with nonrestrictedmultifamily residences. The multifamily residences for persons over the age of 55shall constitute at least 30% of the total number of residences developed on thelot, and such multifamily residences for persons over the age of 55 shall beorganized and controlled as provided herein.

E. Affordability requirement. In exchange for an increase in density above that which ispermitted as a matter of right in the underlying zone, the applicant shall provide that atleast 15% of the residences in the housing incentive development shall be available tolow- and moderate-income households in accordance with MGL c. 40B and itsimplementing regulations as they may from time to time be amended.

F. Local preference. Age-restricted dwelling units within the development shall beavailable to all persons age 55 or over. However, a plan shall be prepared by thepetitioner which shall, to the extent allowable by law, give a preference for age-restricted dwelling units within a development first to Wenham residents, then toimmediate family members of Wenham residents and then to the residents of townswith reciprocal agreements with the Town of Wenham.

G. Standards.

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(1) All senior housing shall be owned and controlled by a nonprofit organization, orby a cooperative housing corporation, or by the Town, or by the WenhamHousing Authority, or jointly by two or more of such organizations so far aspermitted by law.

(2) All newly constructed housing developed in an SHOD shall have not more thanseven dwelling units per acre, or portion thereof; provided, however, that thePlanning Board may limit development to as few as one dwelling unit per acre.Where an existing building is converted or enlarged, not more than seven units ofhousing shall be developed for each acre of land, or portion thereof, occupied bythe building, its parking and accessory facilities, and those common acresdedicated to the use of the residents. In no case, however, shall the total numberof dwelling units in a housing incentive development exceed a total of 3.5multiplied by the number of acres in the development, excluding wetlands andland lying in the floodplain.

(3) The site shall have frontage on a public or private way, including ways builtwithin the site, which is reasonable and consistent with the overall site plan.

(4) The proposed plan shall provide that there shall be on-site off-street parkingcontaining at least five parking spaces for each three age-restricted dwelling unitscontained in the development, and at least two parking spaces for eachnonrestricted multifamily residence.

(5) Roads within the development shall be constructed in accordance with PlanningBoard Subdivision Regulations23 with such waivers, if any, as the Planning Boarddeems appropriate.

(6) The entire site shall be a size and shape as shall provide a housing site which willbe in harmony with the natural terrain and other features of the site and willpreserve natural vistas and the existing rural or other character of theneighborhood.

(7) The site shall be supplied with a water system approved by the WaterDepartment, adequate to meet the needs of the units constructed on the site.

(8) All dwelling units must be served by adequate sewage treatment facilitiesapproved by the Board of Health or an approved on-site sewage disposal system.

(9) No site on a plan for which an approval is granted under this section may besubdivided so as to create additional buildable lots and a notation to that effectshall be shown on the plan.

(10) Age-restricted dwellings constructed under this section shall not be eligible forsubsequent conversion to conventional apartments.

(11) Buildings shall be designed to be consistent with the single-family appearance ofthe Town and shall be complementary in exterior design with each other and,where applicable, with the existing neighborhood in which the development islocated.

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(12) Sufficient financial surety must be provided to ensure completion of thedevelopment and continuing compliance upon its completion with the provisionsof the approval.

H. Signs. Signs in the SHOD shall be limited to one sign at each vehicular entrance to thedistrict, provided that such signs do not exceed six square feet. Such sign may benonflashing white-lighted.

I. Permit process.

(1) Site plan approval. In a SHOD no building shall be constructed, enlarged, orchanged to accommodate multifamily residences for persons over the age of 55 ornonrestricted multifamily residences except in conformity to this bylaw and to aspecial permit granted and a site plan approved by the Planning Board. ThePlanning Board may, pursuant to the special permit, allow the use, alteration, orenlargement of any existing building or structure for multifamily residences forpersons over the age of 55. The Planning Board shall not approve any suchspecial permit and site plan unless the applicable standards in MassachusettsGeneral Laws and the following standards and criteria are met.

(2) Application. The original and seven copies of the application shall be filed withthe Planning Board and with the Town Clerk. The Planning Board, acting as theSite Plan Approval Authority and special permit granting authority under thissection, shall give notice, conduct public hearing, and render a decision inconformity with MGL c. 40A, § 9, and with §§ 255-13.4 and 255-13.5 of thisbylaw. Each application shall include:24

(a) Information required for submission of a definitive plan for standardsubdivisions as provided for in the Planning Board's rules and regulationsgoverning the subdivision of land.25

(b) Provisions for privacy and security.

(c) Provisions for parking.

(d) Proposed landscaping, exterior lighting, architectural exterior design andelevations, typical floor plan.

(e) Projected phasing, timing of construction, type of ownership, proposedbinding covenants, restrictions and agreements on resale, transfer, leasingand subleasing applicable to owners and occupants of the age-restrictedhousing units.

(f) Other projected benefits to the Town of the proposed developmentcompared to alternative permitted uses at the same site, including possibleincreases in the available stock of affordable housing, so as to comply withthe provisions of MGL c. 40B and its implementing regulations as theymay from time to time be amended.

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(g) Projected revenues to the Town in taxes or payments in lieu of taxes.

(3) Decision. The Planning Board shall render its decision after consideration of thefollowing factors, in addition to those set forth in § 255-13.4:

(a) The plan promotes the more efficient use of land in harmony with itsnatural features, watercourses, scenic areas, natural vistas, existing ruralcharacter, and similar community assets within the general intent of theZoning Bylaw and the long-range plan of the Town.

(b) The plan protects adjoining premises against serious detrimental effects byproviding, among other things, surface water drainage, sound and sightbarriers, and preservation of views and light.

(c) The plan provides for convenience and safety of vehicular and pedestrianmovement within the site, and appropriate location of driveway openings inrelation to traffic or to adjacent streets.

(d) The plan provides for adequate methods of disposal of refuse and otherwastes.

(e) The plan provides for suitable architectural design and a favorablerelationship of structures and open space to the natural landscape, barriers,and preservation of views and light.

(4) Conditions. Dwelling units within the development shall be subject to appropriateconditions to assure their continued use for the purposes for which the specialpermit is granted. Construction must commence within one year of the grantingof the approval. Construction must be completed within two years of itscommencement unless otherwise provided for in the special permit or as amendedby the Planning Board.

§ 255-12.4. Personal wireless service facilities.

A. Purpose. It is the express purpose of this section to minimize the visual andenvironmental impacts of a personal wireless service facility (PWSF). This sectionenables the review and approval of PWSF by the special permit granting authority(SPGA) in keeping with the Town's existing bylaws and historic development patterns,including the size and spacing of structures and open spaces. This section is intended tobe used in conjunction with other regulations adopted by the Town, including historicdistrict regulations, site plan review, and other local bylaws designed to encourageappropriate land use, environmental protection, and provision of adequate infrastructuredevelopment in Wenham. The regulation of PWSFs is consistent with the purpose ofthe ongoing planning efforts of the Town to further the conservation and preservationof developed, natural and undeveloped areas, wildlife, flora and habitats for endangeredspecies; balanced economic growth; the provision of adequate capital facilities; thecoordination of the provision of adequate capital facilities with the achievement ofother goals; and the preservation of historical, cultural, archaeological, architectural andrecreational values.

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B. Definitions. For the purposes of this section, the following terms shall be defined as setforth below:

ABOVE GROUND LEVEL (AGL) — A measurement of height from the natural gradeof a site to the highest point of a structure.

ANTENNA — The surface from which wireless radio signals are sent and received by apersonal wireless service facility.

CAMOUFLAGED — A personal wireless service facility that is disguised, hidden, partof an existing or proposed structure or placed within an existing or proposed structure isconsidered "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 morethan one carrier.

CROSS-POLARIZED (OR DUAL-POLARIZED) ANTENNA — A low mount that hasthree panels flush-mounted or attached very close to the shaft.

ELEVATION — The measurement of height above sea level.

EQUIPMENT SHELTER — An enclosed structure, cabinet, shed, or box at the base ofthe mount within which are housed batteries and electrical equipment.

FALL ZONE — The area on the ground within a prescribed radius from the base of apersonal wireless service facility. The "fall zone" is the area within which there is apotential hazard from falling debris (such as ice) or collapsing material.

FUNCTIONALLY EQUIVALENT SERVICES — Cellular, personal communicationservices (PCS), enhanced specialized mobile radio, specialized mobile radio and paging.

GUYED TOWER — A monopole or lattice tower that is tied to the ground or othersurface by diagonal cables.

LATTICE TOWER — A type of mount that is self-supporting with multiple legs andcross-bracing of structural steel.

LICENSED CARRIER — A company authorized by the FCC to construct and operate acommercial 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 thefollowing 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.

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OMNIDIRECTIONAL (WHIP) ANTENNA — A thin rod that beams and receives asignal in all directions.

PANEL ANTENNA — A flat surface antenna usually developed in multiples.

PERSONAL WIRELESS SERVICE FACILITY — Facility for the provision of personalwireless services, as defined by the Telecommunications Act of 1996.

PERSONAL WIRELESS SERVICES — The three types of services regulated by thissection as defined above as functionally equivalent services and as defined by theTelecommunications Act of 1996 as commercial mobile services, unlicensed wirelessservices, and common carrier wireless exchange access services.

RADIO FREQUENCY (RF) ENGINEER — An engineer specializing in electrical ormicrowave engineering, especially the study of radio frequencies.

RADIO FREQUENCY RADIATION (RFR) — The emissions from PWSFs.

SECURITY BARRIER — A locked, secure wall, fence, or berm that completely seals anarea from unauthorized entry or trespass.

SEPARATION — The distance between one carrier's array of antennas and anothercarrier's array.

SPECIAL PERMIT GRANTING AUTHORITY (SPGA) — The Planning Board for thepurposes of this section.

C. Regulations. A PWSF shall require a building permit in all cases and may be permittedas follows:

(1) A PWSF may locate on any existing guyed tower, lattice tower, monopole,electric utility transmission tower, fire tower or water tower, provided that theinstallation of the new facility does not increase the height of the existingstructure except as provided herein. Such installations shall not require a specialpermit but shall require site plan approval by the Planning Board.

(2) A PWSF involving construction of one or more ground or building (roof or side)mounts shall require a special permit. Such facilities may locate by special permitin all zoning districts within the Town, provided that the proposed use complieswith the height and setback requirements and all of the special permit standardsset forth herein.

(3) A PWSF that exceeds the height restrictions of this section may be permitted byspecial permit in accordance with § 255-12.4E(6) below. [Amended 4-23-2018ATM by Art. 24]

D. Location. Applicants seeking approval for a PWSF shall comply with the following:

(1) If feasible, a PWSF shall be located on existing structures, including but notlimited to buildings, water towers, existing telecommunications facilities, utilitypoles and towers, and related facilities, provided that such installation preservesthe character and integrity of those structures. In particular, applicants are urgedto consider use of existing telephone and electric utility structures as sites for one

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or more PWSFs. The applicant shall have the burden of proving that there are nofeasible existing structures upon which to locate.

(2) If the applicant demonstrates that it is not feasible to locate it on an existingstructure, a PWSF shall be designed so as to be camouflaged to the greatestextent possible, including, but not limited to: use of compatible building materialsand colors, screening, landscaping and placement within trees.

(3) The applicant shall submit documentation of the legal right to install and use theproposed facility mount at the time of application for a building permit and/orspecial permit.

E. Height requirements. A PWSF shall comply with the following requirements:

(1) Height, general. Regardless of the type of mount, PWSFs shall be no higher than10 feet above the average height of buildings within 200 feet of the proposedfacility. In addition, the height of a PWSF shall not exceed by more than 10 feetthe height limits of the zoning district in which the facility is proposed to belocated, unless the facility is completely camouflaged such as within a flagpole,steeple, chimney, or similar structure. A PWSF may locate on a building that islegally nonconforming with respect to height, provided that the facility does notproject above the existing building height.

(2) Height, ground-mounted facilities. A ground-mounted PWSF shall not projecthigher than 10 feet above the average building height of buildings within 200feet, or, if there are no buildings within 200 feet, these facilities shall not projecthigher than 10 feet above the average tree canopy height, measured from groundlevel. If there are no buildings within 200 feet of the proposed site of the facility,all ground-mounted PWSFs shall be surrounded by dense tree growth to screenviews of the facility in all directions. These trees may be existing on the subjectproperty or planted on site.

(3) Height, side- and roof-mounted facilities. Side- and roof-mounted PWSFs shallnot project more than 10 feet above the height of an existing building nor projectmore than 10 feet above the height limit of the zoning district within which thefacility is located.

(4) Height, existing structures. New antennas located on any of the followingstructures existing on the effective date of this bylaw shall be exempt from theheight restrictions of this bylaw, provided that there is no increase in height of theexisting structure as a result of the installation of a PWSF: water towers, guyedtowers, lattice towers, fire towers, and monopoles.

(5) Height, existing structures (utility). New antennas located on any of the followingexisting structures shall be exempt from the height restrictions of this bylaw,provided that there is no more than a twenty-foot increase in the height of theexisting structure as a result of the installation of a personal wireless servicefacility: electric transmission and distribution towers, telephone poles and similarexisting utility structures.

(6) Height, wireless facility overlay districts. In the Personal Wireless ServicesFacility Overlay District (herein designated as the "Personal Wireless Services

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26. Editor's Note: See Appendix B included as an attachment to this chapter.


Facility Overlay District" on the Town Zoning Map), PWSFs of up to 180 feet inheight may be permitted by special permit. This district consists of the parcels ofproperty described in "Personal Wireless Services Facility Overlay DistrictParcels" dated November 14, 2000, attached to and made a part of this bylaw.26

Monopoles are the preferred type of mount for such taller structures. Suchstructures shall comply with all setback and special permit regulations set forth inthis bylaw.27

F. Other dimensional requirements. All PWSFs and their equipment shelters shall complywith the building setback provisions of the zoning district in which the facility islocated. In addition, the following setbacks shall be observed:

(1) In order to ensure public safety, the minimum distance from the base of anyground-mounted personal wireless service facility to any property line, road,habitable dwelling, business or institutional use, or public recreational area shallbe at least 1/2 the height of the facility/mount, including any antennas or otherappurtenances. This setback is considered a "fall zone."

(2) In the event that an existing structure is proposed as a mount for a personalwireless service facility, a fall zone shall not be required, but the setbackprovisions of the zoning district shall apply. In the case of preexistingnonconforming structures, PWSFs and their equipment shelters shall not increaseany nonconformities.

(3) In addition, no ground-mounted facility shall be located less than 200 feet from aneighboring residential building.

(4) Flexibility. In reviewing a special permit application for a personal wirelessservice facility, the Planning Board may reduce the required fall zone and/orsetback distance of the zoning district by as much as 50% of the requireddistance, if it finds that a substantially better design will result from suchreduction. In making such a finding, the Planning Board shall consider both thevisual and safety impacts of the proposed use.

G. Camouflage standards. Personal wireless service facilities will be located so as to havethe least visibility and the least impact on community character. A PWSF shall becamouflaged as follows:

(1) Camouflage by existing buildings or structures. When a personal wireless servicefacility extends above the roof height of a building on which it is mounted, everyeffort shall be made to conceal the facility within or behind existing architecturalfeatures to limit its visibility from public ways. Facilities mounted on a roof shallbe stepped back from the facade in order to limit their impact on the building'ssilhouette.

(2) Camouflage by consistent material. Personal wireless service facilities which areside mounted shall blend with the existing building's architecture and, if over five

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29. Editor's Note: See Art. 7, Signs, of this bylaw.

square feet, shall be painted or shielded with material which is consistent with thedesign features and materials of the building.

(3) Camouflage by vegetation. If PWSFs are not camouflaged from public viewingareas by existing buildings or structures, they shall be surrounded by buffers ofdense tree growth and understory vegetation in all directions to create an effectiveyear-round visual buffer. Ground-mounted PWSFs shall provide a vegetatedbuffer of sufficient height and depth to effectively screen the facility. Trees andvegetation may be existing on the subject property or installed as part of theproposed facility or a combination of both. The SPGA shall approve the types oftrees and plant materials and depth of the needed buffer based on site conditions.Vegetation will be maintained with respect to depth, height, density and speciesaccording to the requirements of the SPGA.28

(4) Color.

(a) Personal wireless service facilities which are side-mounted on buildingsshall be painted or constructed of materials to match the color of thebuilding material directly behind them.

(b) To the extent that any PWSF extends above the height of the vegetationimmediately surrounding it, it shall be painted in a light grey or light bluehue which blends with sky and clouds.

H. Equipment shelters. Equipment shelters for PWSFs shall be designed consistent withone of the following design standards:

(1) Equipment shelters shall be located in underground vaults; or

(2) Equipment shelters shall be designed consistent with local architectural styles andmaterials; or

(3) Equipment shelters shall be camouflaged behind an effective year-roundlandscape buffer, equal to the height of the proposed building, and/or a woodenfence. The SPGA shall approve the style of fencing and/or landscape buffer thatis compatible with the neighborhood.

I. Lighting, signage and security.

(1) Personal wireless service facilities shall be lighted only if required by the FederalAviation Administration (FAA). Lighting of equipment structures and any otherfacilities on site shall be shielded from view from abutting properties. There shallbe total cutoff of all light at the property lines of the parcel to be developed.

(2) Signs shall be limited to those needed to identify the property and the owner andwarn of any danger. All signs shall comply with the requirements of the Town'ssign regulations.29

(3) Security. All ground-mounted PWSFs shall be surrounded by a security barrier.

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J. Historic buildings and districts.

(1) Any PWSFs located on or within an historic structure in the Historic District shallnot alter the character-defining features, distinctive construction methods, ororiginal historic materials of the building.

(2) Any alteration made to an historic structure to accommodate a PWSF shall befully reversible.

(3) Personal wireless service facilities within an historic district shall be concealedwithin or behind existing architectural features, or shall be located so that theyare not visible from public roads and viewing areas within the district.

K. Environmental standards.

(1) Personal wireless service facilities shall not be located in wetlands. Locating ofwireless facilities in wetland buffer areas shall be avoided whenever possible anddisturbance to wetland buffer areas shall be minimized.

(2) No hazardous waste shall be discharged on the site of any PWSF. If anyhazardous materials are to be used on site, there shall be provisions for fullcontainment of such materials. An enclosed containment area shall be providedwith a sealed floor, designed to contain at least 110% of the volume of thehazardous materials stored or used on the site.

(3) Stormwater runoff shall be contained on site.

(4) Ground-mounted equipment for PWSFs shall not generate noise in excess of 50dB at the property line.

(5) Roof-mounted or side-mounted equipment for PWSFs shall not generate noise inexcess of 50 dB at ground level at the base of the building on which the antennais affixed.

(6) Applicants shall certify in writing that should any complaint of electronic orelectromagnetic interference with other electronic devices be received, theapplicant shall immediately exercise its responsibility to remedy suchinterference.

(7) The special permit shall remain valid only so long as the structure is maintainedin good operating condition as determined by the Building Inspector, and thegrounds and natural screening are maintained as required by the SPGA.

L. Safety standards.

(1) Radio frequency radiation (RFR) standards. All equipment proposed for a PWSFshall be authorized per the FCC Guidelines for Evaluating the EnvironmentalEffects of Radiofrequency Radiation (FCC Guidelines).

M. Special permit granting authority (SPGA). The special permit granting authority(SPGA) for PWSFs shall be the Planning Board. Where proposed construction issubject to both site plan review and a special permit, the SPGA will attempt to conductboth processes simultaneously, using the time limits of the special permit process tocover both reviews.

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N. Preapplication conference. Prior to the submission of an application for a special permitunder this regulation, the applicant is strongly encouraged to meet with the PlanningBoard at a public meeting to discuss the proposed PWSF in general terms and to clarifythe filing requirements.

(1) Preapplication filing requirements. The purpose of the conference is to inform thePlanning Board as to the preliminary nature of the proposed PWSF. As such, noformal filings are required for the preapplication conference. However, theapplicant is encouraged to prepare sufficient preliminary architectural and/orengineering drawings to inform the SPGA of the location of the proposed facility,as well as its scale and overall design.

O. Application filing requirements. Applications for a special permit for all PWSFs shallinclude the items identified in the subsections below. Ten copies of the application forspecial permit shall be filed with the Planning Board.

(1) General filing requirements.

(a) Application fee for special permit.

(b) An amount of money to be placed in an engineering review escrowaccount. The Planning Board may enact regulations setting such fees.

(c) Name, address, and telephone number of applicant and any coapplicants aswell as any agents for the applicant or coapplicants. Coapplicants mayinclude the landowner of the subject property, licensed carriers, and tenantsfor the PWSF. A licensed carrier shall either be an applicant or acoapplicant.

(d) Original signatures for the applicant and all coapplicants applying for thespecial permit. If the applicant or coapplicant will be represented by anagent, original signature authorizing the agent to represent the applicantand/or coapplicant. Photo reproductions of signatures will not be accepted.

(e) A copy of the lease agreement, if any.

(2) Personal wireless service facilities on municipal property. If a freestanding,exterior PWSF is to be placed on municipal property the following conditionsmust be satisfied:

(a) Certificate of insurance for liability coverage in the amount of $1,000,000must be provided, naming the Town as an additional insured, suchcertificate to be presented to the Town annually.

(b) An agreement whereby the user indemnifies and holds the Town harmlessagainst any claims for injury or damage resulting from or arising out of theuse or occupancy of the Town owned property by the user.

(c) A surety bond in a reasonable amount determined and approved by thePlanning Board shall be in force to cover removal of a PWSF andrestoration of the site to the condition that the premises was in at the onsetof the lease, when use of said facility becomes discontinued or obsolete.

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The amount is to be payable to the Town in the event that the user breachesthe conditions in § 255-12.4S(2) below.30

(3) Location filing requirements.

(a) Identify the subject property by name of the nearest road or roads, andstreet address, if any.

(b) Tax Map and parcel number of subject property.

(c) Zoning district designation for the subject parcel (submit copy of TownZoning Map with parcel identified).

(d) A line map to scale showing the lot lines of the subject property and allproperties within 300 feet and the location of all buildings, includingaccessory structures, on all properties shown.

(e) A Town-wide map showing the other existing PWSFs in the Town andoutside the Town within one mile of its corporate limits.

(f) The locations of all existing and proposed future PWSFs in the Town on aTown-wide map for this carrier.31

(4) Siting filing requirements. One inch equals 40 feet (or other if preapproved by theSPGA) vicinity plan showing the following:

(a) Property lines for the subject property.

(b) Tree cover on the subject property and adjacent properties within 300 feet,by predominant species and average height, as measured by or availablefrom a verifiable source.

(c) Outline of all existing buildings, including purpose (e.g., residentialbuildings, garages, accessory structures, etc.) on subject property and alladjacent properties within 300 feet.

(d) Proposed location of antenna, mount, and equipment shelter(s).

(e) Proposed security barrier, indicating type and extent as well as point ofcontrolled entry.

(f) Location of all roads, public and private, on the subject property and on alladjacent properties within 300 feet, including driveways proposed to servethe PWSF.

(g) Distances, at grade, from the proposed PWSF to each building on thevicinity plan.

(h) Contours at each two feet above mean sea level (AMSL) for the subjectproperty and adjacent properties within 300 feet.

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(i) All proposed changes to the existing property, including grading, vegetationremoval and temporary or permanent roads and driveways.

(j) Representations, dimensioned and to scale, of the proposed mount,antennas, equipment shelters, cable runs, parking areas and any otherconstruction or development attendant to the PWSF.

(k) Lines representing the sight line showing viewpoint (point from which viewis taken) and visible point (point being viewed) from "sight lines"Subsection O(5) immediately below.

(5) Sight lines and photographs as described below.

(a) Sight-line representation. A sight-line representation shall be drawn fromany public road within 300 feet and the closest facade of each residentialbuilding (viewpoint) within 300 feet to the highest point of the PWSF. Eachsight line shall be depicted in profile, drawn at one inch equals 40 feet. Theprofiles shall show all intervening trees and buildings. In the event there isonly one residential building within 300 feet, there shall be at least twosight lines from the closest habitable structures or public roads, if any.

(b) Existing (before condition) photographs. Each sight line shall be illustratedby one four-inch by six-inch color photograph of what can currently beseen from any public road within 300 feet.

(c) Proposed (after condition). Each of the existing condition photographs shallhave the proposed PWSF superimposed on it to show what will be seenfrom public roads if the proposed PWSF is built.

(d) Siting elevations, or views at grade from the north, south, east and west fora fifty-foot radius around the proposed PWSF plus from all existing publicand private roads that serve the subject property. Elevations shall be ateither 1/4 inch equals one foot or 1/8 inch equals one foot scale and showthe following:

[1] Antennas, mounts and equipment shelter(s), with total elevationdimensions and AGL of the highest point.

[2] Security barrier. If the security barrier will block views of the PWSF,the barrier drawing shall be cut away to show the view behind thebarrier.

[3] Any and all structures on the subject property.

[4] Existing trees and shrubs at current height and proposed trees andshrubs at proposed height at time of installation, with approximateelevations dimensioned.

[5] Grade changes, or cuts and fills, to be shown as original grade andnew grade line, with two-foot contours above mean sea level.

(6) Design filing requirements.

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(a) Equipment brochures for the proposed PWSF such as manufacturer'sspecifications or trade journal reprints shall be provided for the antennas,mounts, equipment shelters, cables as well as cable runs, and securitybarrier, if any.

(b) Materials of the proposed PWSF specified by generic type and specifictreatment (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.

(c) Colors of the proposed PWSF represented by a color board showing actualcolors proposed. Colors shall be provided for the antennas, mounts,equipment shelters, cables as well as cable runs, and security barrier, if any.

(d) Dimensions of the PWSF specified for all three directions: height, widthand breadth. These shall be provided for the antennas, mounts, equipmentshelters and security barrier, if any.

(e) Appearance shown by at least two photographic superimpositions of thePWSF within the subject property. The photographic superimpositions shallbe provided for the antennas, mounts, equipment shelters, cables as well ascable runs, and security barrier, if any, for the total height, width andbreadth.

(f) Landscape plan including existing trees and shrubs and those proposed tobe added, identified by size of specimen at installation and species.

(g) Within 30 days of the pre-application conference, or within 21 days offiling an application for a special permit, the applicant shall arrange for aballoon or crane test at the proposed site to illustrate the height of theproposed facility. The date, time and location of such test shall beadvertised in a newspaper of general circulation in the Town at least 14days, but not more than 21 days, prior to the test.

(h) If lighting of the site is proposed, the applicant shall submit amanufacturer's computer-generated point-to-point printout, indicating thehorizontal footcandle levels at grade, within the property to be developedand 25 feet beyond the property lines. The printout shall indicate thelocations and types of luminaires proposed.

(7) Noise filing requirements.

(a) The applicant shall provide a statement listing the existing and maximumfuture projected measurements of noise from the proposed PWSFs,measured in decibels Ldn (logarithmic scale, accounting for greatersensitivity at night), for the following:

[1] Existing, or ambient: the measurements of existing noise.

[2] Existing plus proposed PWSFs: maximum estimate of noise from theproposed PWSF plus the existing noise environment.

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32. Editor's Note: See § 255-12.4K(4) and (5).

33. Editor's Note: See § 255-12.4L(1).

(b) Such statement shall be certified and signed by an acoustical engineer,stating that noise measurements are accurate and meet the noise standardsof this bylaw.32

(8) Radiofrequency radiation (RFR) filing requirements.

(a) The applicant shall provide a statement listing the existing and maximumfuture projected measurements of RFR from the proposed PWSF, for thefollowing situations:

[1] Existing, or ambient: the measurements of existing RFR.

[2] Existing plus proposed PWSFs: maximum estimate of RFR from theproposed PWSF plus the existing RFR environment.

(b) Certification signed by an RF engineer, stating that RFR measurements areaccurate and meet FCC Guidelines as specified in the radio frequencyradiation standards subsection of this bylaw.33

P. Co-location.

(1) Licensed carriers shall share PWSFs and sites where feasible and appropriate,thereby reducing the number of PWSFs that are stand-alone facilities. Allapplicants for a special permit for a PWSF shall demonstrate a good-faith effortto co-locate with other carriers. Such good faith effort includes:

(a) A survey of all existing structures that may be feasible sites for co-locatingPWSFs;

(b) Contact with all the other licensed carriers for commercial mobile radioservices operating in the county; and

(c) Sharing information necessary to determine if co-location is feasible underthe design configuration most accommodating to co-location.

(2) In the event that co-location is found to be not feasible, a written statement of thereasons for the infeasibility shall be submitted to the SPGA. The SPGA mayretain a technical expert in the field of RF engineering to verify if co-location atthe site is not feasible or is feasible given the design configuration mostaccommodating to co-location. The cost for such a technical expert will be at theexpense of the applicant. The SPGA may deny a special permit to an applicantthat has not demonstrated a good-faith effort to provide for co-location.

(3) If the applicant does intend to co-locate or to permit co-location, the SPGA shallrequest drawings and studies which show the ultimate appearance and operationof the PWSF at full build-out. If the SPGA approves co-location for a PWSF site,the special permit shall indicate how many facilities of what type shall bepermitted on that site. Facilities specified in the special permit approval shallrequire no further zoning approval. However, the addition of any facilities notspecified in the approved special permit shall require a new special permit.

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34. Editor's Note: See § 255-12.4L(1).

35. Editor's Note: See § 255-12.4K(4) and (5).

Estimates of RFR emissions will be required for all facilities, including proposedand future facilities.

Q. Modifications. A modification of a PWSF may be considered equivalent to anapplication for a new PWSF and will require a special permit when the applicant and/orcoapplicant wants to alter the terms of the special permit by changing the PWSF in oneor more of the following ways:

(1) Change in the number of facilities permitted on the site;

(2) Change in technology used for the PWSF;

(3) The applicant and/or coapplicant wants to add any equipment or additional heightnot specified in the original design filing.

R. Monitoring and maintenance.

(1) After the PWSF is operational, the applicant shall submit, within 90 days ofbeginning operations, and at annual intervals from the date of issuance of thespecial permit, existing measurements of RFR from the PWSF. Suchmeasurements shall be signed and certified by an RF engineer, stating that RFRmeasurements are accurate and meet FCC guidelines as specified in the radiofrequency standards section of this bylaw.34

(2) After the PWSF is operational, the applicant shall submit, within 90 days of theissuance of the special permit, and at annual intervals from the date of issuance ofthe special permit, existing measurements of noise from the PWSF. Suchmeasurements shall be signed by an acoustical engineer, stating that noisemeasurements are accurate and meet the noise standards subsection of thisbylaw.35 The applicant and coapplicant shall maintain the entire PWSF in goodcondition. Such maintenance shall include, but shall not be limited to, painting,structural integrity of the mount and security barrier, and maintenance of thebuffer areas and landscaping.

S. Abandonment or discontinuance of use.

(1) At such time that a licensed carrier plans to abandon or discontinue operation of aPWSF, such carrier will notify the SPGA by certified U.S. mail of the proposeddate of abandonment or discontinuance of operations. Such notice shall be givenno less than 60 days prior to abandonment or discontinuance of operations. In theevent that a licensed carrier fails to give such notice, the PWSF shall beconsidered abandoned upon such discontinuance of operations.

(2) Upon abandonment or discontinuance of use, the carrier shall physically removethe PWSF within 90 days from the date of abandonment or discontinuation ofuse. "Physically remove" shall include, but not be limited to: removal ofantennas, mount, equipment shelters and security barriers from the subjectproperty; proper disposal of the waste materials from the site in accordance withlocal and state solid waste disposal regulations; and restoring the location of the

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PWSF to its natural condition, except that any landscaping and grading shallremain in the after condition. If a carrier fails to remove a PWSF in accordancewith this section of this bylaw, the Town shall have the authority to enter thesubject property and physically remove the facility. The Planning Board shallrequire the applicant to post a bond at the time of construction to cover costs forthe removal of the PWSF in the event the Town must remove the facility.

T. Construction or replacement of existing towers and monopoles. Except as otherwiseallowed herein, guyed towers, lattice towers, utility towers and monopoles in existenceat the time of adoption of this bylaw may be reconstructed, altered, extended orreplaced on the same site by special permit, provided that the Planning Board finds thatsuch reconstruction, alteration, extension or replacement will not be substantially moredetrimental to the neighborhood and/or the Town than the existing structure. In makingsuch a determination, the Planning Board shall consider whether the proposedreconstruction, alteration, extension, or replacement will create public benefits such asopportunities for co-location, improvements in public safety, and/or reduction in visualand environmental impacts. No reconstruction, alteration, extension, or replacementshall exceed the height of the existing facility by more than 20 feet.

§ 255-12.5. Independent Living Overlay District (ILOD).

A. Purpose. The purpose of the Independent Living Overlay District (ILOD) is to providea mechanism for the approval of:

(1) Independent living facilities (ILF) that offer housing and other services to personsover the age of 55, subject to the age restriction definition in Subsection B below;

(2) The development of ILF in a manner that conserves environmental features,woodlands, wetlands, open space, areas of scenic beauty, views and vistas as wellas encouraging the renovation and rehabilitation of older, existing buildings; and

(3) The development of ILF in a manner harmonious with the surrounding land useswhile protecting natural resources and open space.

B. Definitions. Within this section, the following terms shall have the following meanings:

ACCESSORY STRUCTURES AND USES — Structures and uses accessory to the ILFmay include, but are not limited to, recreational, personal services, hotel rooms, places ofassembly, religious, educational, and cultural places, and the like. Such accessory usesand structures shall be designed for the primary use of the residents and staff of the ILF.Such accessory uses may not be designed for or used as a general business by the generalpublic. Such accessory uses shall have no exterior advertising display.

AFFORDABLE DWELLING UNIT — A dwelling unit affordable to persons or familiesin the area under the applicable guidelines of the Commonwealth's Department ofHousing and Community Development (DHCD), earning more than 50% but less than80% of the median income, adjusted for household size.

AGE RESTRICTION — The ILF shall be subject to an age restriction as follows: 80%of the occupied units shall be occupied by at least one person who is age 55 or older (the"qualified occupant"); provided, however, that in the event of the death of the qualified

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occupant(s) of a unit or other involuntary transfer of a unit, a one-year exemption shall beallowed to allow for the rental of the unit to another qualified occupant(s) (the "agerestriction") so long as the provisions of the Housing Laws (defined below) are notviolated by such occupancy. The age restriction is intended to be consistent with, and isset forth in order to comply with, the Fair Housing Act, 42 U.S.C. § 3607(b), asamended, the regulations promulgated thereunder, 24 CFR Subtitle B, Chapter 1, Section100.300 et seq., and MGL c. 151B, § 4 (the "Housing Laws"). This condition shall beincorporated into the deed riders and association organizational documents. Thisrestriction and any proposed deed shall be subject to review and approval by thePlanning Board and approved as to form by Town Counsel prior to the issuance of acertificate of occupancy for any dwelling unit.

APPLICANT — The person or persons, including a corporation or other legal entity,who applies for issuance of a special permit hereunder. The applicant must own, or bethe beneficial owner of, all the land included in the proposed site, or have authority fromthe owner(s) to act for them/it/them or hold an option or contract duly executed by theowner(s) and the applicant, giving the latter the right to acquire the land to be included inthe site.

BEDROOM — A separate room intended for, or which customarily could be used for,sleeping.

DWELLING UNIT — A residence, including studio units. Each residence shall containa living area, bathroom and, except in studio units, one or more bedrooms, and shallcontain a kitchen area or combination kitchen/living area.

INDEPENDENT LIVING COMPLEX (ILC) — A structure or structures with a mix ofdwelling units, common areas and accessory uses.

INDEPENDENT LIVING FACILITY (ILF) — An independent living complex with orwithout ancillary buildings, subject to an age restriction.

REGULATIONS — The rules and regulations of the Planning Board relative tosubdivisions, special permits and site plans.

WETLANDS — Resource areas subject to the provisions of MGL c. 131, §§ 40 and40A, and the Wenham Water Resources Protection Bylaw, Chapter 242 of the GeneralBylaws.

C. Overlay district. The ILOD shall be construed as an overlay district. Within the ILOD,the requirements of the underlying zoning district(s) shall remain in full force andeffect until a special permit for an ILF has been granted, except where the requirementsherein are more restrictive or provide for uses or structures not otherwise available inthe underlying district; in such cases, the requirements herein shall supersede theunderlying zoning regulation.

D. Use regulations. An ILF may be constructed, subject to the requirements set forthherein, upon the issuance of a special permit by the Planning Board. No other use orstructures shall be permitted, except as specifically provided herein:

(1) An ILF consisting of any combination of at least (one) independent livingcomplex and ancillary buildings.

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(2) Accessory structures and uses.

E. Administration. The Planning Board shall serve as the special permit granting authoritypursuant to this section. The Planning Board may waive the submittal of technicalinformation or documents otherwise required hereunder where the applicantdemonstrates that, due to the simplicity of the proposal, such information is notnecessary for or applicable to the Planning Board's decision pursuant to this section. Anapplication for a special permit shall be governed by the following rules.

F. Application. An application for a special permit shall be submitted to the PlanningBoard on forms furnished by the Planning Board. Each such application shall beaccompanied by a filing fee of $1,000 and a technical review fee pursuant to MGL c.44, § 53G. The application shall be accompanied by all of the information required forsite plan review, as set forth in § 255-13.5D and E of the Zoning Bylaw.

G. Standards. In order to be eligible for consideration for a special permit pursuant to thissection, the proposed development shall meet all of the following standards:

(1) Parcel size and frontage. Minimum parcel size for an ILF shall be 10 acres, withland underwater being excluded from this computation. Minimum frontage for anILF shall be 200 feet.

(2) Buffer. A buffer area of 50 feet shall be provided at the perimeter of the propertywhere it abuts existing residentially occupied properties, except for drivewaysnecessary for access and egress to and from the site, or for stormwater retentionfacilities. No vegetation in this buffer area will be disturbed, destroyed orremoved, except for normal maintenance. The Planning Board may waive thebuffer requirement where:

(a) The land abutting the site is the subject of a permanent restriction forconservation or recreation; or

(b) The land abutting the site is held for conservation or recreation purposes; or

(c) The Planning Board determines that a smaller buffer will suffice toaccomplish the objectives set forth herein.

(3) Removal and replacement of vegetation. Within the site, no clear cutting shall bepermitted, except incidental to construction of buildings, roads, trails and parkingareas, as approved by the Planning Board.

(4) Roadways. The principal roadway(s) serving the site shall be designed to conformwith the standards of the Town where the roadway is or may be ultimatelyintended for dedication and acceptance by the Town. Private ways shall beadequate for the intended use and vehicular traffic and shall be maintained by anassociation of unit owners or by the applicant.

(5) Parking. The applicant shall provide adequate parking to serve all anticipated useson the property, with information detailing the method of computation of parkingspaces. Such parking may be underground, in a structure, or on the surface. Theminimum number of parking spaces provided on the site shall be 1.25 perdwelling unit in an ILF. The Planning Board may require, when parking is lessthan 1.5 spaces per dwelling unit, that a reserve area be set aside for additional

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parking if needed. One parking space shall also be provided for every employeeduring the largest shift. All parking areas shall be screened from view by alandscaped border at least 50 feet in width from adjacent residentially occupiedpremises located outside the ILF, including public ways.

(6) Loading. Screening and landscaping shall be provided to block all views ofloading areas (except those specifically designated for emergency vehicles) fromthe public right-of-way and adjacent properties.

(7) Stormwater management. The stormwater management system shall be designedin accordance with Massachusetts Department of Environmental Protectionstormwater management regulations.

(8) Utilities. All electric, gas, telephone, and cable lines shall be placed underground,except upon a demonstration of exceptional circumstances such as rock, ledgeand wetlands.

(9) Sidewalks and paths. Sidewalks shall be required to connect parking areas andbuildings to nearby buildings. Paths for the use of residents shall be attractivelydesigned with proper regard for convenience, separation of vehicular, bicycle andpedestrian traffic, adequate connectivity, completeness of access to the variousamenities and facilities on the site and to connect to pathways on adjacent sites orpublic ways.

(10) Emergency systems. The ILF shall have an integrated emergency call, telephoneand other communications system to provide monitoring for its residents. Thereshall be sufficient site access for public safety vehicles. A plan shall be approvedby the Fire Department for the emergency evacuation of the residents withemphasis on ensuring the safety of residents with physical impairments.

(11) Lighting. All exterior lighting shall not produce lighting so as to unreasonablyinterfere with the use and enjoyment of property within the Town. Lightingpractices and systems shall reduce light pollution, light trespass and glare in orderto preserve and enhance the natural, scenic, and aesthetic qualities of the Town;conserve energy and decrease lighting cost without decreasing night time safety,security, and productivity; and preserve the night sky as a natural resource toenhance nighttime enjoyment of property within the Town.

(12) Emergency access. When the ILF has a single access road with a length greaterthan 1,000 feet, a second means of access adequate for emergency vehicles, asdetermined by the Fire Department, and approved by the Planning Board, shall beprovided.

(13) Further subdivision. After a special permit is issued for an ILF, no furthersubdivision of land shall be permitted.

(14) Density. The aggregate number of dwelling units shall not exceed five times thetotal number of acres in the ILOD.

(15) Building height. An independent living complex shall have a maximum buildingheight of four stories. Ancillary buildings shall have a maximum height of threestories. Underground or partially underground parking and or building service

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areas shall not be considered a story. In addition, where a building is designed toaccommodate variations in grade, each building segment shall be consideredseparately in determining the maximum number of stories.

H. Sustainable design. The applicant shall present to the Planning Board a matrixindicating the sustainable design components that shall be achievable as part of theproject. The applicant shall complete all of the items indicated on the matrix. Uponcompletion of the project, the applicant shall provide a report to the Planning Boardfrom its design, engineering and construction team, summarizing how the items wereaccomplished, and such report will replace any requirement that the applicant obtain aLEED certification for the project.

I. Incentives for conversion of structures. Applicants are encouraged to propose theappropriate reuse of land and buildings that are no longer needed or suitable for theiroriginal use, where such conversion is compatible with the character of theneighborhood. In the event of such conversion to an independent living complex, thenumber of stories of any additions or extensions shall not exceed the number of storiesof the existing structure on the premises.

J. Affordable dwelling units.

(1) Not less than 10% of the number of dwelling units in the ILF shall be affordabledwelling units provided on site.

(2) In the alternative, the applicant, or a related entity such as a single-purposelimited liability company under the control or direction of the applicant, mayprovide off-site homeownership or rental affordable dwelling units equal to 15%of the total number of on-site units.

(3) In the alternative, the applicant, or a related entity such as a single-purposelimited liability company under the control or direction of the applicant, mayprovide off-site rental housing equal to 15% of the total number of on-site units,provided that 100% of such units shall be counted on the DHCD's SubsidizedHousing Inventory.

(4) If the applicant proposes to situate required affordable dwelling units off site, theapplicant or such related entity shall demonstrate control of such off-sitelocation(s).

(5) The Planning Board shall require specific deadlines for the provision of therequired off-site units and the land on which such units are located.

(6) If the applicant elects to provide affordable dwelling units both on and off thesite, the Planning Board shall establish the total number of such affordabledwelling units in the grant of any special permit.

(7) The affordable dwelling units shall meet the standards of the DHCD as to sizeand location. The applicant shall cooperate with the Town to ensure that allaffordable dwelling units are counted on DHCD's Subsidized Housing Inventory.

K. Action by the Planning Board. The Planning Board may grant a special permit for anILF where it makes the following findings, in addition to those set forth in § 255-13.4C

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of this bylaw. Except as set forth in Subsection F above, § 255-13.5, governing siteplan review, shall not apply in the ILOD.

(1) Proposed facility complies with the requirements of this section; provided,however, the Planning Board may waive a substantive requirement (except theaffordable dwelling unit requirement), when the Board determines that the waiverwill not result in substantial detriment to the district or the Town.

(2) The proposed facility does not cause substantial detriment to the neighborhoodafter considering the following potential consequences:

(a) Noise, during the construction and operational phases;

(b) Light pollution;

(c) Visual impact caused by the character and scale of the proposedstructure(s).

L. Lapse. Notwithstanding the provisions of § 255-13.4G, a special permit for an ILF shalllapse after 24 months if substantial use or construction as granted under a permit hasnot commenced without good cause. This time limit excludes the time required topursue or await the determination of an appeal.

ARTICLE 13Administration

The following rules and regulations shall govern the administration and enforcement of theWenham Zoning Bylaw. In addition, the procedures governing variances, special permits, andsite plan review are set forth herein.

§ 255-13.1. Office of the Building Inspector.

A. Appointment. The Board of Selectmen shall, within 30 days after this bylaw becomeseffective and thereafter in March, appoint a Building Inspector, who shall hold officefor the term of one year. Their compensation shall be regulated by the Selectmen unlessdetermined by a vote of the Town at the Annual Town Meeting preceding theirappointment. They shall not be interested in any contract or in the furnishing ofmaterials for any buildings.

B. Removal. The Board of Selectmen shall have the power to discharge the Inspector forfailure to perform their duties, and to fill any vacancy in the office, during the period oftheir appointment.

C. Powers and responsibilities. Except as otherwise provided, this bylaw shall be enforcedby the Building Inspector, who shall not approve applications of any kind, or plans, orspecifications, or intended use, which are not in all respects in conformity with thisbylaw.

(1) If the Building Inspector shall refuse to issue a permit, the applicant may appealto the Zoning Board of Appeals.

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(2) If the Building Inspector is requested, in writing, to enforce the bylaw against anyperson allegedly in violation thereof, and they decline to act, they shall notify, inwriting, the party requesting such enforcement of any action or refusal to act, andthe reasons therefor, within 14 days of receipt of such request.

(3) The Building Inspector may require such plans and specifications as may benecessary to determine compliance with all pertinent laws of the Commonwealth.Buildings, structures or signs may not be erected, substantially altered, moved, orchanged in use and land may not be substantially altered or changed in principaluse unless in compliance with then-applicable zoning, and after all necessarypermits have been received under federal, state, or local law.

D. Permit process. No building shall be erected or enlarged or moved without first filingwith the Building Inspector plans in duplicate showing lot size, height of building,location of proposed building or buildings or additions thereto, on a lot which complieswith Article 5, Dimensional Requirements, and showing the Floodplain Districtboundary and wetlands boundaries, if any, on the site.36

(1) Permit approval. The Building Inspector shall issue a building permit whensatisfied that the plan complies in all respects with this bylaw, and whereapplicable when the approval of the Board of Health, Planning Board,Conservation Commission, Water Department, Tree Warden, and the Director ofPublic Works has been obtained, except that structures constructed within theHistoric District are subject to prior approval of the Historic District Commission.One set of plans properly stamped by the Building Inspector is to be returned tothe applicant with the permit, the other to be filed by the Building Inspector.

(2) Lapse. A building permit shall become void unless construction is commencedwithin 12 months of the date of issue and completed within two years of the dateof issue, unless for good cause such time shall have been extended by theBuilding Inspector, in writing.

(3) Records. The Building Inspector shall keep a record of all business of thedepartment, which record and all other books and papers relating to thetransactions of the department shall be open at all times to the inspection of thepublic, and shall submit to the Selectmen a yearly report on such business andsuch other reports as they may require.

E. Fees. The Building Inspector shall, with the approval of the Board of Selectmen, setfees for all permits and inspections, such fees not to be inconsistent with the StateBuilding Code.

F. Penalties. The penalty for violation of any provision of this bylaw, of any of theconditions under which a permit is issued, or of any decision rendered by the ZoningBoard of Appeals shall be $300 for each offense. Each day that each violationcontinues shall constitute a separate offense.

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§ 255-13.2. Zoning Board of Appeals.

A. Establishment. There shall be a Zoning Board of Appeals consisting of up to threemembers and up to three associates, citizens of the Town. The members shall beappointed by the Board of Selectmen. They shall hold office for a term of three years,except that, when the Board is first established hereunder, one member shall beappointed for a term of one year, one member shall be appointed for a term of twoyears, and one member shall be appointed for a term of three years. The Board ofSelectmen shall appoint up to three persons, citizens of the Town, as associate membersof said Zoning Board of Appeals, who shall hold office for a term of three years,except that, when associate members are first appointed hereunder, one shall beappointed for a term of one year, one shall be appointed for a term of two years andone shall be appointed for a term of three years. In case of vacancy, inability to act orinterest on the part of any member of the Zoning Board of Appeals, their place shall betaken by an associate member designated by the Selectmen.37

B. Powers. The Zoning Board of Appeals shall have and exercise all the powers granted toit by Chapters 40A, 40B, and 41 of the General Laws and by this bylaw. The Board'spowers are as follows:

(1) To hear and decide applications for special permits. Unless otherwise specifiedherein, the Zoning Board of Appeals shall serve as the special permit grantingauthority.

(2) To hear and decide appeals or petitions for variances from the terms of thisbylaw, with respect to particular land or structures, as set forth in MGL c. 40A,§ 10. The Zoning Board of Appeals shall not grant use variances.

(3) To hear and decide appeals taken by any person aggrieved by reason of theirinability to obtain a permit or enforcement action from any administrative officerunder the provisions of MGL c. 40A, §§ 8 and 15.

(4) To hear and decide comprehensive permits for construction of low- or moderate-income housing by a public agency or limited dividend or nonprofit corporation,as set forth in MGL c. 40B, §§ 20 to 23.

C. Regulations. The Zoning Board of Appeals may adopt rules and regulations for theadministration of its powers.

D. Conditions. In granting variances, the Board shall impose such conditions, safeguards,and limitations on time and use as it judges necessary to meet the general purposes ofthis bylaw and to ensure that results arising from the variance remain in harmony withthe general purposes of this bylaw, except that such conditions cannot require continuedownership of the land or structure to which the variance pertains by the applicant,petitioner or owner.

E. Fees. The Zoning Board of Appeals may adopt reasonable administrative fees andtechnical review fees for petitions for variances, administrative appeals, andapplications for comprehensive permits under MGL c. 40B.

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F. Lapse. Rights authorized by variance not exercised within one year of the date ofgranting shall lapse.

§ 255-13.3. Planning Board.

A. Establishment. A Planning Board is established under the provisions of MGL c. 41,§ 81A (Acts of 1936, Chapter 211), to consist of five members, one member to beelected each year at the Annual Town Meeting.

B. Powers. The Planning Board shall have and exercise all powers granted to it byChapters 40A and 41 of the General Laws and by this bylaw. The Board's relevantzoning powers are to hear and decide:

(1) Applications for special permits. Where specified herein, the Planning Board shallserve as the special permit granting authority (SPGA).

(2) Applications for site plan review in accordance with § 255-13.5 herein.

C. Regulations. The Planning Board may adopt rules and regulations for the administrationof its powers.

D. Conditions. In granting special permits for site plan approval, the Planning Board shallimpose such conditions, safeguards, and limitations on time and use as it judgesnecessary to meet the general purposes of this bylaw and to ensure that results arisingfrom the permit or approval remain in harmony with the general purposes of thisbylaw.

E. Fees. The Planning Board may adopt reasonable administrative and technical reviewfees for petitions for special permits and site plan review.

§ 255-13.4. Special permits.

A. Application. An application for a special permit shall be filed in accordance with therules and regulations of the special permit granting authority.

B. Plans. Unless otherwise provided in the rule or regulation of the special permit grantingauthority, an applicant for a special permit shall submit a plan in substantialconformance with the requirements of § 255-13.1D herein.

C. Approval criteria. Special permits shall be granted by the special permit grantingauthority, unless otherwise specified herein, only upon its written determination that theadverse effects of the proposed use will not outweigh its beneficial impacts to the Townor the neighborhood, in view of the particular characteristics of the site, and of theproposal in relation to that site. In addition to any specific factors that may be set forthin this bylaw, the determination shall include consideration of each of the following:

(1) Community needs which are served by the proposal;

(2) Traffic flow and safety, including parking and loading;

(3) Adequacy of utilities and other public services;

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(4) Neighborhood character and social structures;

(5) Impacts on the natural environment; and

(6) Potential fiscal and economic impact, including impact on Town services, taxbase, and employment.

D. Conditions.

(1) In granting special permits, the Board shall impose such conditions, safeguards,and limitations on the time and use of specific permits as it judges are reasonablynecessary to meet the general purposes of this bylaw and to ensure that usespermitted by special permit remain in substantial harmony with the generalpurposes and intent of this bylaw.

(2) Unless the permit expressly provides otherwise, all special permits shall bepersonal to the applicant and shall lapse at the expiration of one year from theirgranting. Unless otherwise expressly provided in the permit, special permits willautomatically be renewed on an annual basis unless written objection is filed withthe Town Clerk prior to any anniversary date. In the event of written objection, apublic hearing shall be held prior to deciding whether the special permit will berenewed.

E. Regulations. The special permit granting authority may adopt rules and regulations forthe administration of this section.

F. Fees. The special permit granting authority may adopt reasonable administrative feesand technical review fees for applications for special permits.

G. Lapse. Special permits shall lapse if substantial use or construction as granted under apermit has not commenced without good cause within one year from granting. Thistime limit excludes the time required to pursue or await the determination of an appeal.

§ 255-13.5. Site plan review. [Amended 4-2-2016 ATM by Art. 18]

A. Applicability. The following types of activities and uses require site plan review by thePlanning Board:

(1) Construction, exterior alteration or exterior expansion of, or change of use within,a municipal, institutional, commercial, industrial, or residential structure with twoor more dwelling units; and

(2) Any change of use from residential, including single-family, to municipal,institutional, commercial, or industrial use; and [Added 4-6-2019 ATM by Art.15]

(3) Construction or expansion of a parking lot for a municipal, institutional,commercial, industrial, or residential structure with two or more dwelling units.

(4) For the following Institutional and Exempt Uses set forth in the Table of UseRegulations: educational, religious, and child-care facility, see § 255-13.7, Siteplan review, for certain institutional and exempt uses (collectively, "Dover

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Amendment Uses"), subject to the limitations on the scope of review as set forthhereunder.

B. Approval required. An application for a building permit to perform work as set forth inSubsection A shall be accompanied by an approved site plan. Prior to thecommencement of any such activity, the project proponent shall obtain written site planapproval from the Planning Board.

C. Procedures.

(1) Applicants for site plan approval shall submit 10 copies of the site plan to thePlanning Board for review. The Board shall provide a copy of the application tothe Fire Department, Building Inspector, Board of Selectmen, Department ofPublic Works, Conservation Commission, Board of Health, and Police Chief fortheir advisory review and comments. Failure of such board or official to respondwithin 35 days of submittal shall be deemed a lack of opposition thereto.

(2) The Planning Board shall hold a public hearing on each application for site planapproval. The public hearing procedures set forth in MGL c. 40A, §§ 9 and 11,for special permits shall be followed by the Board. The Planning Board shallreview and act upon each site plan application and impose appropriate conditionswithin 90 days of the close of the public hearing, and provide written notice tothe Town Clerk and applicant of its decision. The decision of the Board shall beby a majority of the Board and shall be in writing. No building permit shall beissued by the Building Inspector without the written approval of the site plan bythe Planning Board, or unless 90 days lapse from the close of the public hearingwithout final action as set forth above.

(3) The applicant may request, and the Board may grant by majority vote, anextension of the time limits set forth herein.

(4) No deviation from an approved site plan shall be permitted without suchmodification being subject to Planning Board approval.

D. Preparation of plans. Applicants are invited to submit a preapplication sketch of theproposed project to the Board and to schedule a comment period at a regular meetingof the Board. Site plans shall be submitted on twenty-four-inch by thirty-six-inchsheets. Plans shall be prepared by a registered professional engineer, registered landsurveyor, architect, or landscape architect, as appropriate. Dimensions and scales shallbe adequate to determine that all requirements are met and to make a complete analysisand evaluation of the proposal. All plans shall have a minimum scale of one inchequals 20 feet.

E. Contents of plan. [Amended 4-6-2019 ATM by Art. 15]

(1) Five separate plans prepared at a scale of one inch equals 20 feet or such otherscale as may be approved by the Board. The plans are as follows:

(a) Site layout, which shall contain the boundaries of the lot(s) in the proposeddevelopment, proposed structures, drives, parking, fences, walls, walks,outdoor lighting, loading facilities, and areas for snow storage afterplowing. The first sheet in this plan shall be a locus plan, at a scale of one

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inch equals 100 feet, showing the entire project and its relation to existingareas, buildings and roads for a distance of 1,000 feet from the projectboundaries or such other distance as may be approved or required by theBoard.

(b) Topography and drainage plan, which shall contain the existing andproposed final topography at two-foot intervals and plans for handlingstormwater drainage.

(c) Utility and landscaping plan, which shall include all facilities for refuse andsewage disposal or storage of all wastes, the location of all hydrants, firealarm and firefighting facilities on and adjacent to the site, all proposedrecreational facilities and open space areas, and all wetlands, includingfloodplain areas.

(d) Architectural plan, which shall include the ground-floor plan andarchitectural elevations of all proposed buildings and a color rendering.

(e) Landscaping plan, showing the limits of work, existing tree lines, and allproposed landscape features and improvements, including screening,planting areas with size and type of stock for each shrub or tree, andincluding proposed erosion control measures.

(f) Dover Amendment Uses shall be required to provide only information thatis relevant to the limited scope of site review of the use as provided forunder MGL c. 40A, § 3.

(2) The site plan shall be accompanied by:

(a) A written statement indicating the estimated time required to complete theproposed project and any and all phases thereof. There shall be submitted awritten estimate, showing in detail the costs of all site improvementsplanned.

(b) A written summary of the contemplated projects indicating, whereappropriate, the number of dwelling units to be built and the acreage inresidential use, the evidence of compliance with parking and off-streetloading requirements, the forms of ownership contemplated for the propertyand a summary of the provisions of any ownership or maintenance thereof,identification of all land that will become common or public land, and anyother evidence necessary to indicate compliance with this bylaw.

(c) Drainage calculations by a registered professional engineer. Storm drainagedesign must conform to the Town's Subdivision Rules and Regulations andto the Planning Board's Rules and Regulations.

(d) If the Board requires, narrative assessments of the on-site and off-siteimpacts of the proposed use and structures.

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38. Editor's Note: See 42 U.S.C. § 12101 et seq.

(e) Certification that the proposal is fully compliant with the provisions, ifapplicable, of the Americans with Disabilities Act38 and the MassachusettsArchitectural Barriers Board.

(f) Dover Amendment Uses shall be required to provide only information thatis relevant to the limited scope of site review of the use as provided forunder MGL c. 40A, § 3.

F. Waiver of technical compliance. The Board may, upon written request of the applicant,waive any of the technical requirements of this section where the project involvesrelatively simple development plans or constitutes a minor site plan.

G. Approval. Site plan approval shall be granted upon determination by the Board that theplan meets the following objectives. The Board may impose reasonable conditions atthe expense of the applicant, including performance guarantees, to promote theseobjectives. Any new building construction or other site alteration shall provide adequateaccess to each structure for fire and service equipment and adequate provision forutilities and stormwater drainage consistent with the functional requirements of thePlanning Board's Subdivision Rules and Regulations.

(1) New building construction or other site alteration shall be designed in the siteplan, after considering the qualities of the specific location, the proposed landuse, the design of building form, grading, egress points, and other aspects of thedevelopment, so as to:

(a) Minimize the volume of cut and fill, the number of removed trees sixinches caliper or larger, the length of removed stone walls, the area ofwetland vegetation displaced, the extent of stormwater flow increase fromthe site, soil erosion, and threat of air and water pollution;

(b) Maximize pedestrian and vehicular safety both on the site and egressingfrom 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 public ways or premisesresidentially used or zoned;

(e) Minimize glare from headlights and lighting intrusion;

(f) Minimize unreasonable departure from the character, materials, and scale ofbuildings in the vicinity, as viewed from public ways and places;

(g) Minimize contamination of groundwater from on-site wastewater disposalsystems or operations on the premises involving the use, storage, handling,or containment of hazardous substances; and

(h) Ensure compliance with the provisions of this Zoning Bylaw, includingparking and landscaping.

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(2) Dover Amendment Uses shall be designed to address the requirements set forthunder MGL c. 40A, § 3.

H. Lapse. Site plan approval shall lapse after one year from the grant thereof if asubstantial use thereof has not sooner commenced except for good cause. Suchapproval may, for good cause, be extended, in writing, by the Board upon the writtenrequest of the applicant.

I. Regulations. The Board may adopt additional reasonable regulations for theadministration of site plan review.

J. Fees. The Board may adopt reasonable administrative fees and technical review fees forsite plan review.

K. Appeal. Any decision of the Board pursuant to this section may be appealed inaccordance with MGL c. 40A, § 17, to a court of competent jurisdiction.

§ 255-13.6. Variance.

A. Application. The permit-granting authority shall have the power after public hearing forwhich notice has been given by publication and posting and by mailing to all parties ininterest to grant upon appeal or upon petition with respect to particular land orstructures a variance from the terms of the Zoning Bylaw where such permit grantingauthority specifically finds that owing to circumstances relating to the soil conditions,shape, or topography of such land or structures and especially affecting such land orstructures but not affecting generally the zoning district in which it is located, a literalenforcement of the provisions of the bylaw would involve substantial hardship,financial or otherwise, to the petitioner or appellant, and that desirable relief may begranted without substantial detriment to the public good and without nullifying orsubstantially derogating from the intent or purpose of such bylaw. Except where theZoning Bylaw shall expressly permit variances for use, no variance may authorize a useor activity not otherwise permitted in the district in which the land or structure islocated; provided, however, that such variances properly granted prior to January 1,1976, but limited in time, may be extended on the same terms and conditions that werein effect for such variance upon said effective date.39

B. Plans. Unless otherwise provided in the rules or regulations of the Zoning Board ofAppeals, an applicant for a variance shall submit a plan in substantial conformance withthe requirements of § 255-13.1D herein.

C. Conditions. The permit-granting authority may impose conditions, safeguards, andlimitations both of time and of use, including the continued existence of any particularstructures but excluding any condition, safeguards or limitation based upon thecontinued ownership of the land or structures to which the variance pertains by theapplicant, petitioner or any owner.

D. Regulations. The Zoning Board of Appeals may adopt rules and regulations for theadministration of this section.

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E. Fees. The Zoning Board of Appeals may adopt reasonable administrative fees andtechnical review fees for applications for variance.

F. Lapse. If the rights authorized by a variance are not exercised within one year of thedate of grant of such variance, such rights shall lapse; provided, however, that thepermit granting authority in its discretion and upon written application by the grantee ofsuch rights may extend the time for exercise of such rights for a period not to exceedsix months; and provided, further, that the application for such extension is filed withsuch permit granting authority prior to the expiration of such one-year period. If thepermit granting authority does not grant such extension within 30 days of the date ofapplication therefor, and upon the expiration of the original one-year period, such rightsmay be reestablished only after notice and a new hearing pursuant to the provisions ofthis section.

§ 255-13.7. Site plan review for certain institutional and exempt uses. [Added 4-2-2016ATM by Art. 19]

A. Purpose. The purpose of this section is to provide for site plan review of certaininstitutional and exempt uses in the Table of Use Regulations, specifically: educational,religious, and child-care facilities otherwise governed by MGL c. 40A, § 3(collectively, the "Dover Amendment Uses").

B. Site plan review required. Prior to the issuance of any building permit or certificate ofoccupancy, the establishment, alteration, change, extension, or reconstruction of anyDover Amendment Use shall require site plan approval from the Zoning Board ofAppeals pursuant to this section.

C. Scope of site plan review. Under this section, site plan review shall be limited to twoinquiries:

(1) Whether it has been determined that the proposed Dover Amendment Usequalifies for protection under MGL c. 40A, § 3; and, if so,

(2) Whether the proposed Dover Amendment Use satisfies the applicable dimensionalrequirements for the subject property as set forth in the underlying zoning districtwhere the subject property is located, as to the bulk and height of structures, yardsizes, lot area, setbacks, open space, parking and building coverage requirementsto the extent it has been determined that those requirements may be reasonablyapplied to the proposed Dover Amendment Use.

D. Procedures.

(1) Applicants for site plan approval shall submit 10 copies of the site plan andrequired materials to the Zoning Board of Appeals (ZBA) for review. The ZBAshall provide a copy of the application to the Fire Department, BuildingInspector, Planning Board, Board of Selectmen, Department of Public Works,Conservation Commission, Board of Health, and Police Chief for their advisoryreview and comments. Failure of such board or official to respond within 35 daysof submittal shall be deemed a lack of opposition thereto.

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(2) The ZBA shall hold a public hearing on each application for site plan approval.The public hearing procedures set forth in MGL c. 40A, §§ 9 and 11, for specialpermits shall be followed by the ZBA. The ZBA shall review and act upon thesite plan and impose appropriate conditions within 90 days of the close of thepublic hearing, and provide written notice to the Town Clerk and applicant of itsdecision. The decision of the ZBA shall be by a majority of the Board and shallbe in writing. No building permit shall be issued by the Building Inspectorwithout the written approval of the site plan by the ZBA, or unless 90 days lapsefrom the close of the public hearing without final action as set forth above.

(3) The applicant may request, and the ZBA may grant by majority vote, anextension of the time limits set forth herein.

(4) No deviation from an approved site plan shall be permitted without suchmodification being subject to ZBA approval.

E. Required information. All applications for site plan review shall be in writing andprovide, at a minimum, the following information:

(1) Name and address of applicant person or entity;

(2) Name and address of property owner;

(3) Description of the proposed use and/or structure and determination that theproposed use is eligible for protection under MGL c. 40A, § 3;

(4) A Zoning Chart depicting "required" vs. "provided" for all applicable zoningstandards concerning the bulk and height of structures and determining yard sizes,lot area, setbacks, open space, parking and building coverage requirements thatare set forth in the zoning district for the subject property and the determinationthat such standards are reasonably applicable to the proposed Dover AmendmentUse;

(5) As reasonably necessary to reach a decision on the application, the Zoning Boardof Appeals may request further information from the applicant consistent withMGL c. 40A, § 3, specifying in detail the information required; provided,however, that it is the intent of this section to conduct site plan approval forDover Amendment Uses only to comply with the provisions of MGL c. 40A, § 3.

F. Decision. The ZBA may approve, approve with reasonable conditions, or deny anapplication for site plan approval. In making its decision, the ZBA shall be guidedexclusively by MGL c. 40A, § 3, and shall not impose any requirement other than therequirements allowed to be applied under MGL c. 40A, § 3. The ZBA shall file itswritten decision with the Town Clerk within 90 days of the close of the public hearing.Failure to take such final action shall constitute approval of the site plan.

G. Appeal. An appeal of the ZBA's decision may be made pursuant to MGL c. 40A, § 17,to a court of competent jurisdiction.

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ZONING

255 Attachment 1:1 Final Draft, Feb 2020

255 Attachment 1

Town of Wenham

Appendix A History of Changes

March 3, 1947 First Zoning Bylaw adopted

June 16, 1947 Change wording in Administration of Building Inspector

January 7, 1952 Change lot size to 20,000 square feet

May 11, 1955 Change lot size to 40,000 square feet

March 3, 1956 Change boundaries of Residential and Business District

August 1, 1956 Change Business District and add to permitted uses in Residential District

December 4, 1956 Change use in Residential District

July 19, 1966 Remove Agricultural District

March 21, 1970 Add Flood Plain District

March 16, 1974 Add permit procedures for professional offices, signs, mobile homes, apartments and swimming pool enclosures in Residential District. Changes of uses in Business District and require site plans for new construction. Change height limitations on structures.

May 1, 1976 Add Wetlands District Map

January 9, 1978 Changes in preamble, permitting procedures and notices, and uses in Residential District to conform with revised Zoning Enabling Act (Chapter 808 of the Acts of 1975). Change soil stripping regulations and fines, and add Earth Removal Bylaw to Protective Zoning Bylaw. Change lot width to 100-foot minimum. Add Wetland wording to lot size. Add limits on size of signs in Business District, and on number of large animals per acre.

May 13, 1978 Add standards for apartment conversions.

May 12, 1979 Changes wording concerning apartment conversions. Change height limitations on accessory buildings near lot lines.

March 26, 1980 Add provision for cluster zoning alternative on lots of 15 acres or more: Open Space Residential Development (ROSC)

November 20, 1985 Amend Elder Housing District Amendment.

May 9, 1987 Amend Elder Housing District Amendment.

May 13, 1989 Amendment to Floodplain and Wetlands of the Protective Zoning Bylaw.

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October 3, 1989 Amend the Elder Housing District provision to rezone as an Elder Housing District the property at 116-130 Main Street, to provide for additional forms of ownership and to reduce the minimum site size.

May 13, 1990 Change height exceptions. Amend Accessory Apartment Bylaw.

November 13, 1990 Add Aquifer Protection District to Protective Zoning Bylaw. Further amendments pertaining to Accessory Apartments, child care facilities, Cluster zoning and affordable housing, Signs, Single-family dwellings. Amend the Zoning Bylaw by renumbering, alphabetizing, and adding definitions in Section II.

May 4, 1991 Frontage

May 1, 1993 Amend sections stating Flood Plain and Wetlands Districts District to read Flood Plain District. Revoke Section V Flood Plain and Wetlands and replace with new Section V entitled Flood Plain District.

May 6, 1995 Amend Section XVII B.1q. to reduce the minimum age requirement to 55 years of age in the Elder Housing District.

November 14, 2000 Add Section XX Personal Wireless Service Facilities

March 3, 2009 Completely update and reorganize Bylaw to ensure compliance with current regulations, consistency, and ease of maintenance; add Section 7: Signs and Section 13: Administration

May 1, 2010 Amend to include Section 10.2 Large-Scale Ground-Mounted Solar Photovoltaic Installations and reference in table in Section 4.1 to reflect change.

May 5, 2012 Amend to include Section 12.2 Flood Plain Overlay District and Section 12.5 Independent Living Overlay District and add Summary of Changes to the Town of Wenham Zoning Bylaw as an appendix to the document.

October 27, 2014 Replaced Section 7: Signs in its entirety as approved at Town Meeting on April 5, 2014 and accepted by the Attorney General on October 14, 2014.

November 7, 2014 Amended Section 2.0 Definitions with respect to agriculture as approved on Town Meeting on April 5, 2014 and accepted by the Attorney General on October 14, 2014

November 7, 2014 Amended Section 4.1 Table of Use Regulations to be in agreement with the new agricultural definitions.

November 18, 2015 Non-substantive format of document was updated.

April 11, 2015 Amended Section 13.5 Site Plan Review as approved at Town Meeting April 11, 2015 and approved with modification by the Attorney General on September 18, 2015

For amendments after April 2015 refer to the historical information included in the text of the Zoning Bylaw.

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255 Attachment 2

Appendix B Personal Wireless Facility Overlay District Parcels

November 14, 2000

Map Lot Area Location Date of

Acquisition Department/ Board 99 9 1.75 ac. Off Grapevine CAG 3/27/1968 7 67 871 ft.2 Batchelder Park 12/1981 7 59 9,148 ft.2 Pleasant Street 7 58 2.31 ac. Pleasant Street 12/1966 Conservation Commission 7 53 5,800 ft.2 Lake Avenue and Fairview 12/1981 7 51 3,750 ft.2 Oak Street Idlewood 7 5 16,117 ft.2 Pleasant Street 2/16/1982 7 45 2,178 ft.2 Pleasant Street 12/1981 48 7 1.99 ac. Grapevine Road 1/14/1999 48 2A 19,166 ft.2 336-338 Grapevine Road 1/14/1997 47 4 15,682 ft.2 Grapevine Road Rear 1/14/1997 47 3A 5.5 ac. Grapevine Road Rear 9/10/1996 47 33b 5.5 ac. Off Boulder Lane 2/28/2000 47 3 2 ac. Boulder Lane 2/5/1999 47 2 5.3 ac. Boulder Lane/Rt. 128 1968 44 21 2.71 ac. 21 Hull Street 10/5/1992 Conservation Commission 44 18 8.7 ac. 23 Hull Street 10/6/1992 Conservation Commission 41 11 2.59 ac. Off Essex Street 7/1/1987 37 22 5.5 ac. Dodges Row 12/1/1982 31 1 79.53 ac. 91 Grapevine Road 1974 Iron Rail Commission 27 34 7.4 ac. 62 Main Street 1640 Cemetery Commission 25 28 3.14 ac. Higginson Park 11/19/1996 Recreation Commission 23 12 5.7 ac. Maple Street Rear 8/1/1988 20 11 8.97 ac. Larch Row 6/1/1975 Conservation Commission 20 1 24.87 ac. Larch Row 12/1/1984 Conservation Commission 19 85 26,136 ft.2 Main Street and Arbor Street 1925 19 84 35,719 ft.2 144 Main Street 1962 Fire and Police Department 19 79 39,204 ft.2 Wallis Lot 1962 19 29 1.8 ac. 138 Main Street 1640 16 57 3920 Maple Street 1726 16 115A 6,098 ft.2 William Fairfield Drive 4/23/1981 Cemetery Commission 15 29 40,075 ft.2 Topsfield Road 12/1/1983 15 2A 7,841 ft.2 Topsfield Road Rear 12/4/1998 15 2 15.01 ac. Rear Mayflower Drive 5/16/1996 14 5 16.48 ac. Pingree Park 1916 Recreation Department 12 15 17.88 ac. 42 Pleasant Street 1940 Water Department

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11 X 17

BLACK & WHITE

REPLACEMENT PAGE

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DIVISION 3

PLANNING BOARD

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Chapter 300

SUBDIVISION OF LAND

[The Rules and Regulations Governing the Subdivision of Land in the Town ofWenham are currently under review. Upon completion of this review and adoption ofthe revised regulations, they will be included in the Code in this chapter.]

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DIVISION 4

ZONING BOARD

OF APPEALS

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Chapter 400

ADMINISTRATIVE RULES AND REGULATIONS

ARTICLE IGeneral


§ 400-2. Petitioner or applicant.

ARTICLE IIOrganization

§ 400-3. Elections.

§ 400-4. Chairperson; powers andduties.

§ 400-5. Vice Chairperson.

§ 400-6. Clerk.

§ 400-7. Associate members.

§ 400-8. Quorum.

§ 400-9. Regular meetings.

§ 400-10. Special meetings.

§ 400-11. Absences.

ARTICLE IIISubmission of Petition or Application

§ 400-12. Application form.

§ 400-13. Filing period for appeal.

§ 400-14. Submissions.

§ 400-15. Filing fees and cost of publicnotice.

§ 400-16. Outside consultants and fees.

§ 400-17. Dismissal of incompletefilings.

§ 400-18. Names and addresses ofabutters.

ARTICLE IVHearings

§ 400-19. Notice.

§ 400-20. Hearings to be public.

§ 400-21. Representation and absence.

§ 400-22. Continuances.

§ 400-23. Hearing procedure.

§ 400-24. Information to be furnishedto Board.

ARTICLE VActions by Board

§ 400-25. Voting requirements.

§ 400-26. Withdrawal.

§ 400-27. Reconsideration.

§ 400-28. Repetitive petition.

§ 400-29. Decisions.

ARTICLE VIPolicies and Advice

§ 400-30. Items not binding.

ARTICLE VIIAmendments

§ 400-31. Amendment procedure.

ARTICLE VIIIEffective Date

§ 400-32. Adoption and effective dates.

[HISTORY: Adopted by the Zoning Board of Appeals of the Town of Wenham 3-25-2015. Amendments noted where applicable.]

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1. Editor's Note: The Board has adopted separate rules and regulations governing comprehensive permit applicationsunder MGL c. 40B. That document remains in full force and effect. See Ch. 404, Comprehensive Permit Rules andRegulations.

ARTICLE IGeneral


These rules are adopted by the Wenham Board of Appeals (hereinafter referred to as the"Board") as authorized by MGL c. 40A, § 12, for the purpose of establishing uniformprocedures for conducting the business of the Board which, in general, but without limitation,shall consist of hearing all appeals, petitions and applications coming under its jurisdiction asboth a permit granting authority and a special permit granting authority by virtue of theapplicable provisions of Massachusetts General Laws and Chapter 255, Zoning (hereinafterreferred to as the "Zoning Bylaw"), and other bylaws.1 Such appeals and matters of originaljurisdiction, subject to conformance with these rules, will in general consist of the following:

A. Receive and act upon all appeals from a decision of the Building Inspector inperforming the duties and responsibilities contemplated by Massachusetts General Lawsand the Zoning Bylaw within the Town of Wenham;

B. Receive and act upon, as a permit granting authority, all petitions for variances fromcompliance with applicable provisions of the Zoning Bylaw;

C. Receive and act upon, as a special permit granting authority, all applications for specialpermits as authorized by the Zoning Bylaw; and

D. Receive and act upon all matters otherwise legally coming under the jurisdiction of theBoard.

§ 400-2. Petitioner or applicant.

An appeal may be taken by any person aggrieved by any decision of the Building Inspector.A petition for a variance or an application for a special permit or for site plan approval maybe brought by a property owner, a tenant, a licensee, a prospective purchaser or otherapplicant, provided that documentation from the owner certifying the petitioner's legal interestand right to file accompanies the petition or application. In the case of an appeal, a petitionfor a variance, or an application for a special permit, the applicant shall file with the TownClerk, who shall transmit it forthwith to the Board. It is strongly recommended that all newappeals, petitions and applications be first reviewed by the Building Inspector or the TownPlanner to assure their correctness, completeness and clarity.

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§ 400-8§ 400-2

ARTICLE IIOrganization

§ 400-3. Elections.

At the first regular meeting following the qualification of annual appointee(s), the Board shallelect a Chairperson and Vice Chairperson. Each shall serve until a successor is duly elected.Associate members shall not participate in this election.

§ 400-4. Chairperson; powers and duties.

A. The Chairperson shall preside over all hearings and meetings of the Board. Subject tothe rules as stated herein, they shall decide all points of order, unless overruled by amajority of the Board in session at the time. The Chairperson shall appoint suchcommittees as may be deemed necessary or desirable from time to time.

B. In addition to powers granted by Massachusetts General Laws and the Zoning Bylaw,and subject to these rules and further instructions of the Board, the Chairperson shallsupervise the work of the Clerk, arrange for necessary help, and exercise generalsupervision over the Board's activities.

§ 400-5. Vice Chairperson.

The Vice Chairperson shall preside over hearings and meetings and perform the duties of theChairperson during the absence or unavailability of the Chairperson.

§ 400-6. Clerk.

A Clerk shall be appointed by the Board and, subject to the direction of the Board and itsChairperson, shall undertake all of the clerical work of the Board, including allcorrespondence of the Board, sending of all notices required by law and the rules and ordersof the Board, receive and scrutinize all petitions and applications for compliance with therules of the Board, keep dockets and minutes of the Board's proceedings, compile all requiredrecords, maintain necessary files and indices and call the roll at all Board meetings.

§ 400-7. Associate members.

The Chairperson of the Board shall designate an associate member to sit on the Board in caseof the absence, inability to act or interest on the part of a member. In the event of a vacancyon the Board, the Chairperson shall designate an associate member to act as a member untilthe vacancy is filled by an appointment by the Board of Selectmen.

§ 400-8. Quorum.

A quorum for the purpose of conducting public hearings and transacting other business,except voting on appeals, petitions and applications as provided herein, shall consist of twomembers.

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WENHAM CODE § 400-13§ 400-9


§ 400-9. Regular meetings.

Regular meetings of the Board shall be held as necessary at times determined by the Board ata place specified in the meeting notice.

§ 400-10. Special meetings.

Special meetings may be called by the Chairperson or at the request of two members. Writtennotice thereof shall be given to each member at least 48 hours before the time set, except thatannouncement of a special meeting at any meeting attended by all members shall besufficient notice. Notices shall be posted publicly as required by law.

§ 400-11. Absences.

Pursuant to Town Meeting's acceptance of MGL c. 39, § 23D, no member of the Board shallbe disqualified from voting on any matter solely due to said member's absence from no morethan a single session of the hearing at which testimony or other evidence is received;provided, however, that before any such vote, said member shall certify, in writing, that theyhave examined all evidence received at the missed session, which evidence shall include anaudio or video recording of the missed session or a transcript thereof, such certification to bepart of the record of the hearing.

ARTICLE IIISubmission of Petition or Application

§ 400-12. Application form.

Every petition and application for action by the Board shall be made on an officialapplication form, titled "Board of Appeals - Application for Hearing," which shall befurnished by the Clerk upon request. Any communication purporting to be an appeal, apetition or an application shall be treated as mere notice of intention to seek Board actionuntil such time as it is made on the official application form and payment of the applicablefiling fee. To be a complete form, all information called for by the form shall be furnished bythe applicant in the manner therein prescribed and in precise language identifying theapplicable provisions of the Zoning Bylaw and the specific nature of the appeal, petition orapplication. The form to be used is hereby made a part of these rules.

§ 400-13. Filing period for appeal.

A. In the case only of an appeal from a decision of the Building Inspector, a petition orapplication shall be filed with the Town Clerk within 30 days from the date of issuanceof a permit or refusal of a permit by or an order, ruling, decision or determination ofthe Building Inspector.

B. All other petitions and applications may be filed at the discretion of the applicant orpetitioner. Petitions and applications to be heard at a regular meeting of the Board mustbe filed no later than the last Thursday of the month preceding the month of the regularmeeting.

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§ 400-16§ 400-14

§ 400-14. Submissions.

Ten copies of the application form shall be submitted, and each application shall beaccompanied by a plot plan prepared by and under the seal of a registered engineer orregistered land surveyor showing current conditions and such other plans, sketches ordiagrams as are needed to show clearly the nature of the specific request being made by thepetitioner. Plans submitted shall comply with § 255-13.5D and E of Chapter 255, Zoning.

§ 400-15. Filing fees and cost of public notice.

A. The following administrative fees, pursuant to MGL c. 44, § 53E1/2, shall be providedto the Board with the submittal of the application:

(1) An appeal from the action of the Building Inspector shall be accompanied by acheck payable to the Town of Wenham in the amount of $250.

(2) A petition for a variance shall be accompanied by a check payable to the Town ofWenham in the amount of $250.

(3) An application for a special permit for a single-family residence shall beaccompanied by a check payable to the Town of Wenham in the amount of $250and for all others (including commercial) in the amount of $400.

(4) An application to amend, modify or transfer a variance or special permit shall beaccompanied by a check payable to the Town of Wenham in the amount of $250.

B. All fees are established to cover the cost of and to otherwise defray reasonableexpenses incurred by the Board in processing petitions and applications filed with theBoard.

C. An appeal, petition or application shall not be deemed filed until the filing fee set forthabove has been paid to the Town Clerk. In the event that the check does not clear, theappeal, petition or application shall be dismissed as incomplete pursuant to § 400-17below, and the materials shall be returned to the appellant, petitioner, or applicant.

D. In addition to the above-stated filing fees, the applicant shall be responsible to pay thecost of publishing public notice of any hearing in a newspaper. The Clerk shall preparethe notice and arrange for publication. The newspaper may send an invoice directly tothe applicant or through the Clerk. The applicant shall pay any such invoice promptlyupon receipt, and failure to make timely payment shall be grounds for the Board towithhold a decision or deny an application.

E. The Town shall be exempt from payment of a filing fee but shall pay the costs ofpublication.

§ 400-16. Outside consultants and fees.

A. The Board may hire outside consultants for review and analysis of any applicationwhen the Board determines it appropriate. The cost for the outside consultants shall beborne by the applicant. The Board shall follow the requirements of the UniformProcurement Act, MGL c. 30B, § 4, for consultant services less than $25,000.

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WENHAM CODE § 400-16§ 400-16


B. The Board will select the consultant after reviewing both the bid and any commentsreceived from the applicant pursuant to § 400-16C(6) of these rules, but it normallywill not formally award the contract until the review fee has been paid. If the applicantfails to pay the review fee within 10 days of receiving written notification of selectionof a bidder, the Board may deny the petition, appeal, or application.

C. Pursuant to MGL c. 44, § 53G, the Board, through this regulation, provides for anapplicant's payment of the fees for outside consultants as set forth below:

(1) When conducting any hearing pursuant to these rules (the subject of which ishereinafter referred to as a "proposal"), the Board of Appeals may determine thatthe assistance of outside consultants is warranted due to:

(a) The size, scale or complexity of the proposal;

(b) The complexity of particular technical issues;

(c) The number of housing units or square feet proposed; and

(d) The size and character of the site.

(2) The Board may require that the applicant(s) pay a review fee consisting of thereasonable costs incurred by the Board for the employment of outside consultantsengaged by the Board to assist in the review of an application.

(3) In hiring outside consultants, the Board may engage engineers, planners, trafficconsultants, attorneys, housing specialists and financial analysts, and/or otherappropriate outside consultants who can assist the Board in reviewing andanalyzing the proposal. The minimum qualifications shall consist either of aneducational degree in, or related to, the field at issue or three or more years ofpractice in the field at issue or a related field.

(4) Funds received by the Board pursuant to this section shall be deposited with theTown Treasurer/Collector, who shall establish a special account for this purposein accordance with the provisions of MGL c. 44, § 53G. Expenditures from thisspecial account may be made at the direction of the Board in connection with thehearing of a specific proposal for which a review fee has been collected from theapplicant without further appropriation. Failure of an applicant to pay a reviewfee shall be grounds for denial of the application.

(5) Review fees may only be spent for services rendered in connection with thespecific proposal from which they were collected. Accrued interest may also bespent for this purpose. At the completion of the Board's review of a proposal, anyexcess amount in this account, including interest, attributable to a specific projectshall be repaid to the applicant or the applicant's successor in interest. A finalreport of said account shall be made available to the applicant or the applicant'ssuccessor in interest. For the purpose of this regulation, any person or entityclaiming to be an applicant's successor in interest shall provide the Board withdocumentation establishing such succession in interest.

(6) Prior to paying the review fee, the applicant may appeal the selection of anoutside consultant(s) to the Board of Selectmen. The grounds for such an appeal

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§ 400-20§ 400-16

shall be limited to claims that the consultant(s) selected has a conflict of interestor does not possess the minimum required qualifications.

(7) The written appeal should specify the nature of the conflict of interest and detailthe lack of required qualifications. A copy of the appeal shall be simultaneouslyprovided to the Board.

(8) The time limit for the Board's action on the proposal shall be extended by theduration of any administrative appeal to the Board of Selectmen. In the event thatthe Board of Selectmen makes no decision regarding the appeal within 30 daysfollowing the filing of such appeal, then the selection of the Board of Appealsshall stand.

§ 400-17. Dismissal of incomplete filings.

The Board may dismiss an appeal, petition or application if the application form is notcomplete or the submissions required by § 400-14 are not made. Such dismissal may be madewithout a hearing on the merits and shall be deemed a withdrawal without prejudice torefiling when the application and submissions are complete.

§ 400-18. Names and addresses of abutters.

After the petition or application is filed, the Clerk of the Board shall obtain immediately a listof the names and addresses of all parties in interest, including the petitioner, abutters, ownersof land directly opposite on any public or private street or way and abutters to the abutterswithin 300 feet of the property line of the petitioner, as they appear on the most recentapplicable tax list, as defined by MGL c. 40A, § 11, and the Zoning Bylaw. The Assessorsshall certify to the Board that list of names and addresses of all parties in interest.

ARTICLE IVHearings

§ 400-19. Notice.

Notice of hearings shall be advertised as required by the provisions of MGL c. 40A and theZoning Bylaw. In addition, a copy of the advertised notice shall be sent by mail, at leastseven days prior to the date of the hearing, postage prepaid, or delivered, to all parties ininterest and to the Board of Selectmen, Planning Board, Building Inspector, Department ofPublic Works, Conservation Commission and Town Clerk, and where determined appropriateby the Board, other Town boards and officials.

§ 400-20. Hearings to be public.

All hearings shall be open to the public and shall be conducted in accordance with theMassachusetts Open Meeting Law, MGL c. 30A, §§ 18 through 25.

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WENHAM CODE § 400-23§ 400-21


§ 400-21. Representation and absence.

An applicant may appear in their own behalf or be represented by an agent or attorney. In theabsence of an appearance without due cause indicated by the applicant, the Board shall eitherdecide on the matter using the information it has otherwise received or dismiss the petition, atits discretion, with or without prejudice.

§ 400-22. Continuances.

A continuance may be requested by an applicant by written request submitted to the Clerk inadvance of a hearing or orally at a hearing. The Board may, in its discretion, allow or denyany request for a continuance. Unless notified, in writing, that a continuance has beengranted, an applicant must appear at a scheduled hearing. Any continuance granted uponrequest of an applicant shall constitute an agreement by the applicant to extend the timelimits for actions by the Board by the duration of the continuance, and such agreement, at therequest of the Board, shall be set forth in writing.

§ 400-23. Hearing procedure.

A. Hearings will start at the stated time in the notice unless delayed because of priorhearings.

B. At the hearing, any party, whether entitled to notice thereof or not, may appear inperson or by agent or by attorney.

C. At the hearing, the Chairperson may administer oaths, summon witnesses and call forthe production of papers. The Board shall retain any record which has been introducedin evidence for reference in the consideration of the case.

D. No person shall address a hearing of the Board without leave of the Chairperson, andall persons shall, at the request of the Chairperson, be silent. If a person, after warningfrom the Chairperson, persists in disorderly behavior, the Chairperson may order themto withdraw from the hearing and, if they do not withdraw, may order a constable orany other person to remove them and confine them in some convenient place until thehearing is adjourned.

E. The Chairperson may close the hearing immediately if, in their opinion, these rules arebeing violated and/or the hearing is becoming disorderly.

F. The Chairperson will open each hearing by reading, or causing to be read, the notice asadvertised.

G. The petitioner or their representative will then present their case, stating fully thereason(s) why the petition or application should be granted.

H. When the petitioner or their representative has concluded the presentation, theChairperson will allow all those in favor of the matter under consideration to speak.Those who wish to speak will rise, address the Chairperson, give their names andaddresses, then proceed.

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§ 400-24§ 400-23

I. When all those in favor have spoken, the Chairperson will then allow those inopposition a similar opportunity to be heard.

J. Rebuttals may only be allowed at the discretion of the Chairperson.

K. Similarly, no cross-examination will be allowed, although questions seekinginformation and deemed relevant by the Board may be allowed at its discretion.

L. Members of the Board who are hearing the case may direct appropriate questionsduring the hearing.

M. When all facts have been presented, the Chairperson, after motion, will close thehearing and inform the petitioner or their representative and others present that theywill be notified of the Board's decision.

N. In the event an applicant fails to appear at a scheduled hearing, the Board may continuethe matter or, in its discretion, dismiss the matter. Unless the Board indicates otherwisein its decision, any such dismissal shall be deemed a withdrawal without prejudice torefiling the application.

§ 400-24. Information to be furnished to Board.

A. An applicant may submit written materials in advance of the hearing, at the hearing orat any time prior to close of evidence at the hearing. With the Board's permission, anapplicant may submit material subsequent to the close of the hearing, such as a revisedplan, but only if the substance reflected in such material was presented at the publichearing and the Board does not rely on such material as evidence. Any legalmemorandum must be submitted at least seven days in advance of the hearing unlessthe Board sets a different deadline. Any applicant may submit a proposed decision tothe Board. All submissions shall be made to the Clerk.

B. In the case of a variance, the following points, based on MGL c. 40A, shall beaddressed and factually supported:

(1) The particular land or structure and/or the use proposed for the land or structure,if any;

(2) The circumstances relating to the soil conditions, shape or topography of the landand structures and especially affecting the land or structure for which the varianceis sought which do not affect generally the zoning district in which it is located;

(3) The facts which make up the substantial hardship, financial or otherwise, whichresults from the literal enforcement of the applicable zoning restrictions withrespect to the land or structure for which a variance is sought;

(4) The facts to support a finding that the relief sought will be without substantialdetriment to the public good; and

(5) The facts to support a finding that the relief sought may be given withoutnullifying or substantially derogating from the intent or purpose of the ZoningBylaw.

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WENHAM CODE § 400-27§ 400-24


C. In the case of a special permit, the following criteria set forth in § 255-13.4C of theZoning Bylaw should be clearly identified and factually supported, in addition to anycriteria set forth in any other applicable provision of the Zoning Bylaw:

(1) Written determination that the adverse effects of the proposed use will notoutweigh its beneficial impacts to the Town or the neighborhood, in view of theparticular characteristics of the site, and of the proposal in relation to that site. Inaddition to any specific factors that may be set forth in this bylaw, thedetermination shall include consideration of each of the following:

(a) Community needs which are served by the proposal;

(b) Traffic flow and safety, including parking and loading;

(c) Adequacy of utilities and other public services;

(d) Neighborhood character and social structures;

(e) Impacts on the natural environment; and

(f) Potential fiscal and economic impact, including impact on Town services,tax base, and employment.

ARTICLE VActions by Board

§ 400-25. Voting requirements.

The concurring vote of all three members of the Board shall be necessary to reverse anyorder or decision of the Building Inspector, to decide in favor of the applicant on any matterlegally coming under the jurisdiction of the Board, to effect any variance in the application ofthe Zoning Bylaw or to grant a special permit where so authorized by the Zoning Bylaw. TheBoard shall cause to be made a detailed record of its proceedings, showing the vote of eachmember upon each question or, if absent, or failing to vote, indicating such fact, and settingforth clearly the reason or reasons for its decisions, and of its other official actions, copies ofall of which shall be immediately filed in the office of the Town Clerk and shall be a publicrecord.

§ 400-26. Withdrawal.

An application may be withdrawn by notice, in writing, to the Clerk at any time prior to thehearing by the Board. After commencement of a hearing, a petition or application may bewithdrawn only with the consent of the Board, which shall determine whether the withdrawalis without prejudice to refiling at any time or with prejudice subjecting the applicant to theprovisions of § 400-28 below.

§ 400-27. Reconsideration.

When a petition or application has been voted upon and the meeting adjourned, there shall beno reconsideration of a decision of the Board.

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§ 400-29§ 400-28

§ 400-28. Repetitive petition.

In order to have any petition or application which has been unfavorably acted upon by theBoard reconsidered by the Board within two years, the petitioner must follow the procedureoutlined in MGL c. 40A and the Zoning Bylaw.

§ 400-29. Decisions.

A. The Clerk of the Board will send notices of a decision forthwith to the applicant, toparties in interest and to every person present at the hearing who requests that notice besent to them and states the address to which such notice is to be sent.

B. The Clerk of the Board will send copies of the decision of the Board to the applicant,the Board of Selectmen, the Planning Board, the Board of Assessors, the Town Clerk,the Building Inspector, and where determined appropriate by the Board, other Townboards and departments.

C. Variances and special permits.

(1) No variance, or any extension, modification or renewal thereof, shall take effectuntil a copy of the decision bearing the certification of the Town Clerk that 20days have elapsed after the decision has been filed in the office of the TownClerk and no appeal has been filed or that, if such appeal has been filed, it hasbeen dismissed or denied, or that if it is a variance which has been approved byreason of the failure of the Board to act thereon within the time prescribed, acopy of the petition for the variance accompanied by the certification of the TownClerk, stating the fact that the Board failed to act within the time prescribed, andno appeal has been filed, and that the grant of the petition resulting from suchfailure to act has become final, or that if such appeal has been filed, it has beendismissed or denied is recorded in the Essex County Registry of Deeds andindexed in the grantor index under the name of the owner of record or is recordedand noted on the owner's certificate of title.

(2) A special permit, or any extension, modification or renewal thereof, shall not takeeffect until a copy of the decision bearing the certification of the Town Clerk that20 days have elapsed after the decision has been filed in the office of the TownClerk and either that no appeal has been filed or the appeal has been filed withinsuch time, or if it is a special permit which has been approved by reason of thefailure of the Board to act thereon within the time prescribed, a copy of theapplication for the special permit accompanied by the certification of the TownClerk, stating the fact that the Board failed to act within the time prescribed, andwhether or not an appeal has been filed within that time, and that the grant of theapplication resulting from the failure to act has become final, is recorded in theEssex County Registry of Deeds and indexed in the grantor index under the nameof the owner of record or is recorded and noted on the owner's certificate of title.The person exercising rights under a duly appealed special permit does so at riskthat a court will reverse the permit and that any construction performed under thepermit may be ordered undone. This section shall in no event terminate or shorten

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WENHAM CODE § 400-32§ 400-29



the tolling, during the pendency of any appeals, of the twelve-month periodprovided under the second paragraph of MGL c. 40A, § 6.2

D. The applicant or petitioner is responsible for filing the certified decision in the Registryof Deeds and for paying the recording fees.

E. A certified copy of the decision and an affidavit from the Registry of Deeds, statingthat the decision has been recorded are necessary before a building permit dependent onthe Board's decision can be issued by the Building Inspector.

ARTICLE VIPolicies and Advice

§ 400-30. Items not binding.

Any advice, opinion, or information given by any Board member or any other official oremployee of the Town shall not be binding on the Board. It is declared to be the policy of theBoard to discourage any personal appeals or comments to members of the Board and that allcommunications outside a convened meeting of the Board concerning proposed or pendingmatters shall be submitted through the Clerk.

ARTICLE VIIAmendments

§ 400-31. Amendment procedure.

These rules may be amended by a majority vote of the members of the Board, provided thatsuch amendment shall be presented, in writing, at a regular meeting and action taken thereofat a subsequent regular meeting.

ARTICLE VIIIEffective Date

§ 400-32. Adoption and effective dates.

These rules were adopted at a regular meeting of the Board on March 25, 2015, and becameeffective as of March 25, 2015.

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Chapter 404

COMPREHENSIVE PERMIT RULES AND REGULATIONS

§ 404-1. Authorization.


§ 404-3. Complete application anddocumentation.

§ 404-4. Submittal requirements.

§ 404-5. Filing fee.

§ 404-6. Written authorization.

§ 404-7. Outside consultants.

[HISTORY: Adopted by the Zoning Board of Appeals of the Town of Wenham 3-21-2012. Amendments noted where applicable.]



§ 404-1. Authorization.1

These rules are authorized by MGL c. 40B, § 21, MGL c. 44, § 53G, and 760 CMR 56.


A. Twenty copies of the application, including all supporting documentation and the filingfee, shall be submitted to the Wenham Zoning Board of Appeals (the "Board") at aregularly scheduled meeting. Immediately thereafter, a dated, stamped copy of the filingletter shall be given to the Town Clerk. It is recommended that the applicant meet withthe Board or the Board's designee prior to submission to review the application anddetermine if all the required documents are attached.

B. The Board shall immediately transmit copies of the complete application to the Boardof Selectmen, Planning Board, Board of Health, Conservation Commission, PoliceDepartment, Fire Department, Department of Public Works, Building Inspector,Affordable Housing Trust, Recreation Department, and School Committee, and anyother relevant board, commission, or official, and request written recommendations andan appearance at the hearing on said application. The Board shall take intoconsideration the recommendations of the local boards and officials.2

C. The Board shall commence a hearing within 30 days of submission of the application.The length of the hearing shall reflect the size and complexity of the application. Thehearing should be terminated when all testimony has been received and all informationrequested by the Board has been received and reviewed.

D. The Board shall issue a decision within 40 days after the termination of the hearing andfile the decision in the Town Clerk's office within that same time period.

E. The Board and the applicant may, by mutual written agreement, extend the thirty-daytime period in which to hold the hearing and, after close of the hearing, extend the time

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period in which to render a decision. Such written agreement shall be filed in the officeof the Town Clerk.

§ 404-3. Complete application and documentation.

It is the intent of the Board to have a complete application and full documentation providedwith the application. In addition, the Board may require additional information during thereview process, as it deems appropriate.

§ 404-4. Submittal requirements.

The applicant shall be required to submit the following information:

A. A detailed list of all requested exemptions to local requirements and regulations,including local bylaws and regulations.

B. Preliminary site development plans showing the locations and outlines of proposedbuildings; the proposed locations, general dimensions and materials for streets, drives,parking areas, walks and paved areas; and proposed landscaping improvements andopen areas within the site. All structures of five or more units must have sitedevelopment plans signed and stamped by a registered architect. Structures of fewerthan five units may submit a sketch of the matters referenced herein and in SubsectionC below, which need not have an architect's signature and stamp; subject, however, tothe Board's right to require architectural plans, at any time prior to or during thehearing, if deemed necessary by the Board.

C. A report, together with a plan(s), if applicable, regarding existing site conditions and asummary of conditions in the surrounding areas, showing the location and nature ofexisting buildings, existing street elevations, traffic patterns and character of open areas,if any, in the neighborhood. The zoning district or districts, if more than one district isinvolved, shall also be shown on the plan. (If the abutting land is in another district orTown, this shall also be shown.)

D. Preliminary architectural scaled drawings for building plans, including typical floorplans, typical elevations and sections, and identifying construction type and exteriorfinish, signed and stamped by the architect.

E. A tabulation of proposed buildings by type, size (number of bedrooms, floor area), andground coverage, and summary showing the percentage of the tract to be occupied bybuildings, by parking and other paved vehicular areas, and by open areas.

F. Where a subdivision of land is involved, a preliminary or a definitive subdivision plan.If a preliminary plan is submitted, the Board shall have the right to require theapplicant to submit any and all information typically required on a definitive plan, ifdeemed necessary by the Board.

G. A utilities plan showing the proposed location and types of sewage, water and drainagefacilities, including hydrants.

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§ 404-7§ 404-4


H. Documents specified in 760 CMR 56 to show the status of the applicant and theacceptability of the site.3

I. Appropriate documentation evidencing the applicant's control of the site.

J. Certified plan of land prepared by a registered land surveyor or a registeredprofessional engineer.

K. A copy of the deed to the applicant's property, showing the Registry of Deeds book andpage number(s). If the property is under a purchase and sales agreement, a copy of saidagreement shall also be provided.

L. An abutters list certified by the Town Assessors' office listing all abutters as defined inMGL c. 40A, § 11.

§ 404-5. Filing fee.

The application shall be accompanied by a filing fee, based on a flat fee and the number ofhousing units proposed: $500 base fee, plus $50 per unit for developments with more than 10units.

§ 404-6. Written authorization.

A. If the applicant is not the owner of the property, the owner(s) shall provide writtenauthorization for the subject application by the applicant on the application.

B. If the individual signing the application is unable to attend any hearing on theapplication, the Board shall require written authorization from the applicant that thedesignated representative has consent to represent the applicant or to withdraw theapplication.

§ 404-7. Outside consultants.

A. The Board may hire outside consultants for review and analysis of any applicationwhen the Board determines it appropriate. The cost for the outside consultants shall beborne by the applicant. The Board shall follow the requirements of the UniformProcurement Act, MGL c. 30B, § 4, for consultant services less than $25,000.

B. The Board will select the consultant after reviewing both the bid and any commentsreceived from the applicant pursuant to § 404-7C(6) of these rules, but it normally willnot formally award the contract until the review fee has been paid. If the applicant failsto pay the review fee within 10 days of receiving written notification of selection of abidder, the Board may deny the comprehensive permit.

C. Pursuant to MGL c. 44, § 53G, and MGL c. 40B, § 21, the Board, through thisregulation, provides for an applicant's payment of the fees for outside consultants as setforth below:

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WENHAM CODE § 404-7§ 404-7


(1) When conducting any hearing pursuant to MGL c. 40B, § 21 (the subject ofwhich is hereinafter referred to as a "proposal"), the Board of Appeals maydetermine that the assistance of outside consultants is warranted due to:

(a) The size, scale or complexity of the proposal;

(b) The complexity of particular technical issues;

(c) The number of housing units proposed; and

(d) The size and character of the site.

(2) The Board may require that the applicant(s) pay a review fee consisting of thereasonable costs incurred by the Board for the employment of outside consultantsengaged by the Board to assist in the review of an application.

(3) In hiring outside consultants, the Board may engage engineers, planners, trafficconsultants, attorneys, housing specialists and financial analysts, and/or otherappropriate outside consultants who can assist the Board in reviewing andanalyzing the proposal. The minimum qualifications shall consist either of aneducational degree in, or related to, the field at issue or three or more years ofpractice in the field at issue or a related field.

(4) Funds received by the Board pursuant to this section shall be deposited with theTown Treasurer/Collector who shall establish a special account for this purpose inaccordance with the provisions of MGL c. 44, § 53G. Expenditures from thisspecial account may be made at the direction of the Board in connection with thehearing of a specific proposal for which a review fee has been collected from theapplicant without further appropriation. Failure of an applicant to pay a reviewfee shall be grounds for denial of the comprehensive permit.

(5) Review fees may only be spent for services rendered in connection with thespecific proposal from which they were collected. Accrued interest may also bespent for this purpose. At the completion of the Board's review of a proposal, anyexcess amount in this account, including interest, attributable to a specific projectshall be repaid to the applicant or the applicant's successor in interest. A finalreport of said account shall be made available to the applicant or the applicant'ssuccessor in interest. For the purpose of this regulation, any person or entityclaiming to be an applicant's successor in interest shall provide the Board withdocumentation establishing such succession in interest.

(6) Prior to paying the review fee, the applicant may appeal the selection of anoutside consultant(s) to the Board of Selectmen. The grounds for such an appealshall be limited to claims that the consultant(s) selected has a conflict of interestor does not possess the minimum required qualifications.

(7) The written appeal should specify the nature of the conflict of interest and detailthe lack of required qualifications. A copy of the appeal shall be simultaneouslyprovided to the Board.

(8) The time limit for the Board's action on the proposal shall be extended by theduration of any administrative appeal to the Board of Selectmen. In the event thatthe Board of Selectmen makes no decision regarding the appeal within 30 days

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§ 404-7§ 404-7

following the filing of such appeal, then the selection of the Board of Appealsshall stand.

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DIVISION 5

CONSERVATION

COMMISSION

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Chapter 500

WATER RESOURCES PROTECTION REGULATIONS

ARTICLE IGeneral Regulations

§ 500-1. Introduction and purpose.

§ 500-2. Statement of jurisdiction.

§ 500-3. General provisions.


§ 500-5. Procedures.

§ 500-6. Emergencies.

§ 500-7. Security.



ARTICLE IIRegulations for Resource Areas


§ 500-11. Wetlands (wet meadows,swamps, bogs and marshes).

§ 500-12. Water bodies, waterways(lakes, creeks, streams, rivers,flats and ponds) and landunder water bodies andwaterways.

§ 500-13. Adjacent upland resourceareas.

[HISTORY: Adopted by the Conservation Commission of the Town of Wenhameffective 11-28-1998, as amended through 5-10-2010. Subsequent amendments notedwhere applicable.]

ARTICLE IGeneral Regulations

§ 500-1. Introduction and purpose.

A. Introduction.

(1) These regulations are promulgated by the Wenham Conservation Commissionpursuant to the authority granted to it under Wenham General Laws Chapter 242,the Water Resources Protection Bylaw (hereinafter referred to as the "Bylaw").These regulations shall complement the Bylaw, and shall have the force of lawupon their effective date.

(2) Article I of these regulations provides definitions and procedures. Except whereotherwise stated in the Bylaw or in the rules and regulations promulgated underthe Bylaw, the definitions, procedures, and performance standards of theWetlands Protection Act, MGL c. 131, § 40, and associated regulations, 310CMR 10.00 et seq., as amended from time to time, shall apply additionally tothese regulations.

B. Purpose. The purpose of these regulations is to define and clarify the public reviewprocedures and decisionmaking process that the Conservation Commission utilizeswhen it regulates activities affecting areas subject to protection under the Bylaw byestablishing standard definitions and uniform procedures by which the ConservationCommission may carry out its responsibilities under the Bylaw. These regulations are

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intended to clarify but not expand, extend, modify, or replace any provision of Chapter242, Water Resources Protection.

§ 500-2. Statement of jurisdiction.

A. Areas subject to protection under the Bylaw. The following areas are subject toprotection under the Bylaw:

(1) Any and all freshwater wetlands as determined by vegetational community, soilcomposition, or hydrologic regime, including, but not limited to, any:

(a) Marsh;

(b) Wet meadow;

(c) Bog;

(d) Swamp; and/or

(e) Vernal pool.

(2) Any and all waterways or water bodies, including any:

(a) Lake;

(b) Stream, whether it be intermittent or continuous, natural or man-made;

(c) River;

(d) Pond, whether it be intermittent or continuous, natural or man-made; and

(e) Reservoir.

(3) Land under such water bodies and waterways listed above;

(4) Any bank;

(5) Any beach;

(6) Any land subject to flooding or inundation by groundwater, surface water orstormwater; and

(7) Any area that qualifies as an adjacent upland resource area, as that term isdefined by the Bylaw and § 500-4.

B. Activities subject to regulation under the Bylaw.

(1) Activities within the areas subject to protection under the Bylaw. Any activityproposed or undertaken within an area specified in Subsection A that willremove, fill, dredge, discharge into, build upon, otherwise alter, pollute, ordegrade that area is subject to regulation under the Bylaw and requires the filingand approval by the Commission of an application for permit (notice of intent)through the issuance of an order of conditions unless otherwise addressed througha request for determination of applicability or an abbreviated notice of resourcearea delineation.

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§ 500-3§ 500-2

(2) Activities outside the areas subject to protection under the Bylaw.

(a) Any activity proposed or undertaken outside the areas specified inSubsection A is not subject to regulation under the Bylaw and does notrequire the filing of an application for permit (notice of intent) unless it isreasonably foreseeable that the activity will alter, pollute or degrade an areasubject to regulation under the Bylaw.

(b) In the event that the issuing authority determines that such activity hasaltered or is likely to alter, pollute or degrade an area subject to protectionunder the Bylaw, after hearing in accordance with procedures set forthherein, it shall impose such conditions on the activity or any portion thereofas it deems necessary to protect the area in accordance with the values ofthe Bylaw. Any action that alters an area subject to protection under theBylaw without first obtaining an order of conditions or negativedetermination may be subject to an enforcement action.


A. Burden of proof. Any person who files an application for permit (notice of intent) toperform any work within an area subject to jurisdiction under § 242-2 of the Bylaw and§ 500-2A has the burden of demonstrating to the Commission that:

(1) The area is not significant to the protection of any of the values identified in theBylaw; or

(2) The proposed work will contribute to the protection of any of the valuesidentified in the Bylaw.

B. Presumption concerning Title 5 of the State Environmental Code.

(1) A subsurface sewage disposal system that is to be constructed in compliance withthe requirements of 310 CMR 15.000, Subsurface Disposal of Sanitary Sewage(Title 5), or more stringent Wenham Board of Health requirements, shall bepresumed to protect the interests identified in the Bylaw when all components ofthat system are located more than 100 feet in a horizontal direction from theboundary of any area subject to protection under the Bylaw identified in § 500-2A(1) to (6). Depending on factors, including the physical characteristics of thesite and the proposed location of the components of the subsurface sewagedisposal system, the Commission may allow a setback of less than 100 feethorizontally, but not less than 50 feet, from these areas.

(a) These factors include, but are not limited to, the following:

[1] Slope;

[2] Soil characteristics;

[3] Type of vegetation;

[4] Surface hydrology;

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[5] The size of the area subject to protection under the Bylaw, adjacentupland resource area and surrounding watershed as compared to thesize of the components within 100 feet of the areas subject toprotection;

[6] The location of the area subject to protection under the Bylaw withinthe watershed; and

[7] Whether the area subject to protection under the Bylaw is anoutstanding resource water pursuant to 314 CMR 4.06.

(b) Where the Commission finds that it is not technically or economicallyfeasible to locate the subsurface sewage disposal system more than 50 feetfrom areas identified in this Subsection B(1), it may in its sole discretionallow placement of the subsurface disposal system components within 50feet of those areas upon a filing of a request for a variance from theseregulations.

(2) To protect wildlife habitat within riverfront areas, the soil absorption system shallnot be located within 100 feet of the mean annual high-water line unless there isno alternative location on the lot that conforms to 310 CMR 15.000 withoutrequiring a variance as determined by the Wenham Board of Health, with lessadverse impacts on resource areas.

(3) This presumption, however, shall apply only to impacts of the discharge from asewage disposal system and not to the impacts from construction of that system,such as erosion and siltation from the excavation, placement of fill, or removal ofvegetation. Impacts from construction shall be minimized by the placement oferosion and sedimentation controls during excavation, limiting the placement offill, confining the removal of vegetation to that necessary for the footprint of thesystem, and taking other measures deemed necessary by the Commission.

(4) The setback distance specified above shall be determined by measuring from theboundary of the area in question, or from the contour at the mean annual floodelevation in inland areas, whichever is further from the water body.

(5) The setback distance specified above shall not be required for the renovation orreplacement (but is required for the enlargement) of septic systems constructedprior to the effective date of 310 CMR 10.00, provided no feasible alternativelocation is available on the lot and such work has been approved by the WenhamBoard of Health and the Commission, as required by law.

(6) This presumption may be overcome only by credible evidence from a competentsource that compliance with 310 CMR 15.000, Subsurface Disposal of SanitarySewage (Title 5), or more stringent local requirements will not protect theinterests identified in MGL c. 131, § 40.

C. Presumption of significance. Each area subject to protection under the Bylaw ispresumed to be significant to one or more of the values identified in the Bylaw.

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§ 500-3§ 500-3

D. Vernal pool habitat. The Bylaw presumes that a vernal pool habitat exists if a wetland'sphysical characteristics conform to those defined for vernal pools in § 242-9(Definitions) of the Bylaw:

VERNAL POOL – Includes, in addition to scientific definitions found in theregulations under the Wetland Protection Act, MGL c. 131, § 40, any confined basinor depression not occurring in existing lawns, gardens, landscaped areas or drivewayswhich, at least in most years, holds water for a minimum of two continuous monthsduring the spring and/or summer, contains at least 150 cubic feet of water(approximately 1,000 gallons) at some time during most years, is free of adultpredatory fish populations, and provides essential breeding and rearing habitatfunctions for amphibian, reptile or other vernal pool community species, regardless ofwhether the site has been certified by the Massachusetts Division of Fisheries andWildlife. The boundary of the resource area for vernal pools shall be 100 feet outwardfrom the mean annual high-water line defining the depression, but shall not includelawns, gardens, or landscaped or developed areas that are in existence as of the datethe Bylaw took effect.

(1) Demonstrating that a ponding area is not a vernal pool. For the purposes ofovercoming the presumption of vernal pool habitat, the Commission willconsider:

(a) Evidence that the ponding area does not hold water for at least twocontinuous months in most years. As a rule of thumb, the term "most years"shall mean three out of five consecutive years.

(b) Evidence that vernal pool species do not breed or have not bred in theponding area.

(c) Evidence that the ponding area could not be a viable breeding site forvernal pool species due to naturally occurring incompatible physical,chemical, biological, or other persistent conditions at the site in most years.

(2) Demonstrating that a ponding area is a vernal pool. Wetlands in Wenham can beidentified by the Commission as vernal pools consistent with the approachesoutlined by the Massachusetts Division of Fisheries and Wildlife in "Guidelinesfor the Certification of Vernal Pool Habitat" (revised March 2009). Once data hasbeen provided to the Commission that indicates that an area is vernal, theCommission shall presume it is a vernal pool, regardless of whether the site hasbeen certified by the Natural Heritage and Endangered Species Program.

(3) Timing of evidence collection. Many of the indicators of vernal pool habitat areseasonal. For example, certain salamander egg clusters are only found betweenlate March and late May. Wood frog chorusing only occurs between late Marchand May, and then only at night. Consequently, failure to find evidence ofbreeding must be tied explicitly to those periods during which the evidence ismost likely to be available. Accordingly, in the cases of challenges to thepresumption of vernal pool habitat, the Conservation Commission may requirethat the determination be postponed until the appropriate time period consistentwith the evidence being presented. The Commission may also require its own sitevisits as necessary to confirm the evidence.

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E. Fees.

(1) General fee provisions.

(a) Permit fees are payable at the time of application and are nonrefundable.

(b) Permit fees shall be calculated by the Conservation Commission accordingto the schedule below.

(c) Permit fees are in addition to those required by the Wetlands ProtectionAct, MGL c. 131, § 40, and regulations, 310 CMR 10.00.

(d) The Commission may waive the filing fee, consultant fee, and costs andexpenses for a permit or other application or request for determination ofapplicability filed by a government agency.

(e) Whenever the Conservation Commission determines that the required feehas not been paid, the time period for the Commission to act shall be stayeduntil the balance of the fee is paid.

(2) Schedule of permit fees:

Activity Fee

Request for determination of applicability $75

Abbreviated notice of resource area delineation $1 per linear foot (LF)with a minimum of $50

Notice of intent/permit

Category 1 $150 for each activity

a) Work on single-family lot; addition, pool,etc.

b) Site work without house

c) Control vegetation

d) Resource improvement

e) Work on septic system separated fromhouse

f) Monitoring well activities, minus roadway

g) New agricultural or aquaculture projects


a) Construction of single-family house

b) Parking lot

c) Beach nourishment

d) Electric-generating facility activities

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§ 500-3§ 500-3

Activity Fee

e) Inland limited projects minus roadcrossings and agriculture

f) Each crossing for driveway to single-family house

g) Each project source (storm drain)discharge

h) Control vegetation development

i) Water level variations

j) Any other activity not in Category 1, 3, 4,5 or 6

k) Water supply exploration


a) Site preparation (for development) beyondnotice of intent scope

b) Each building (for development),including site

c) Road construction not crossing ordriveway

d) Hazardous cleanup

e) Water supply development


a) Each crossing for development orcommercial road

b) Dam, sluiceway work

c) Railroad line construction

d) Bridge

e) Hazardous waste alterations to resourceareas

f) Dredging

g) Airport tree clearing

h) Oil and/or hazardous material releaseresponse actions

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Activity Fee

Category 5 $1 per LF with aminimum of $50 for eachactivity

a) On docks, piers, revetments, dikes, etc.

Category 6 $1 per LF with aminimum of $50

a) Boundary delineation for any wetland

Miscellaneous other fees

Amend order of conditions (OOC) $100

Request certificate of compliance (COC) $50

Extend order of conditions (OOC) $100

After-fact filing Double the usual fee

(3) Consultant fees.

(a) In any matter under review by the Commission where it is determined thatthe assistance of outside consultants is warranted due to the size, scale, orcomplexity of a proposed project or because of a project's potential impacts,the Commission may require, with concurrence and approval, that theapplicants pay a consultant review fee consisting of the reasonable costsincurred by the Commission for the employment of outside consultantsengaged by the Commission in the review of an application.

(b) The Commission may engage any appropriate professional, such asengineers, architects, and/or lawyers, who can assist the Commission asneeded to perform its legal duties in analyzing a project to ensurecompliance with all relevant laws, bylaws, and regulations and/or bestpractices within the consultant's field of expertise. Failure of an applicant topay a review fee shall be grounds for denial of the application.

(c) Funds received by the Commission pursuant to this Subsection E(3) shallbe deposited with the Town Treasurer/Collector who shall, pursuant toMGL c. 44, § 53G, establish a special account for this purpose.Expenditures from this account may be made at the direction of theCommission without further appropriation. Expenditures from this specialaccount shall be made only in connection with the review of a specificproject or projects for which a review fee has been or will be collectedfrom the applicant. Any excess amount in the account attributable to aspecific project, including any accrued interest, at the completion of saidproject shall be repaid to the applicant or to the applicant's successor ininterest and a final report of said account shall be made available to theapplicant or to the applicant's successor in interest.

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§ 500-4§ 500-3

(d) Pursuant to MGL c. 44, § 53G, any applicant may take an administrativeappeal from the selection of the outside consultant to the Board ofSelectmen. The grounds for such an appeal shall be limited to claims thatthe consultant selected has a conflict of interest or does not possess theminimum required qualifications. The minimum qualifications shall consisteither of an educational degree in or related to the field at issue or three ormore years of practice in the field at issue or a related field. The requiredtime limits for action upon an application by a municipal-permit-grantingboard shall be extended by the duration of the administrative appeal. In theevent that no decision is made by the Board of Selectmen within one monthfollowing the filing of the appeal, the selection made by the Commissionshall stand. Such an administrative appeal shall not preclude further judicialreview, if otherwise permitted by law, on the grounds provided for in thissubsection.


As used in this chapter, the following terms shall have the meanings indicated:

ACTIVITY — Any form of draining, dumping, dredging, damming, discharging, excavating,blasting, filling or grading; the erection, reconstruction, or expansion of any buildings orstructures; the driving of pilings; the construction or improvements of roads and other ways;the changing of runoff characteristics; the interception or diversion of groundwater or surfacewater; the installation of drainage, sewage, and water systems; the discharging of pollutants;the destruction, relocation or substantial modification of plant life; and/or any other changingof the physical characteristics of land.

ADJACENT UPLAND RESOURCE AREA — All lands within 100 feet of areas subject toprotection under the Bylaw as enumerated in the Bylaw and § 500-2A(1) to (6), except forlakes, continuous streams, rivers or ponds, for which the adjacent upland resource areaextends for 200 feet from the top of bank.

ALTER — To change the condition of any area subject to jurisdiction under § 242-2 of theBylaw, including but not limited to the following activities:

A. Removal, excavation, or dredging of soil, sand, gravel, or aggregate materials of anykind.

B. Changing of preexisting drainage characteristics, flushing characteristics, salinitydistribution, sedimentation patterns, flow patterns, or flood retention characteristics.

C. Drainage or other disturbance of water level or water table.

D. Dumping, discharging, or filling with any material which may degrade or otherwiseimpact water quality.

E. Placing of fill, or removal of material, which would alter elevation.

F. Driving of piles, erection, expansion or repair of buildings, or structures of any kind.

G. Placing of obstructions or objects in water.

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H. Destruction of plant life including cutting or trimming of trees and shrubs.

I. Changing temperature, biochemical oxygen demand, or other physical, biological, orchemical characteristics of any waters.

J. Any activities, changes, or work that may cause or tend to contribute to pollution ofany body of water or groundwater (including the application of pesticides andherbicides).

K. Incremental activities that have, or may have, a cumulative adverse impact on theresource areas protected by the Bylaw.

L. Placing of materials which have a reasonable likelihood of contributing to pollution orof impacting water quality through surface runoff, groundwater infiltration or airbornetransport, including but not limited to yard and landscaping wastes and debris, slash,soils and sediments, wood chips, mulch, grit, gravel or other organic and inorganicmaterials.

APPLICATION FOR PERMIT UNDER THE BYLAW — The written application filed byany person intending to remove, fill, dredge, discharge into, build upon, otherwise alter orcarry out activity not exempted from the Bylaw in an area subject to regulation under theBylaw or activity that will significantly alter, pollute or degrade these areas. It shall be madeon WPA Form 3 or 4.

AREAS SUBJECT TO FLOODING — Depressions or closed basins that serve as pondingareas for runoff, snowmelt, heavy precipitation, or high groundwater that has risen above theground surface in most years, and areas that flood from a rise in a bordering waterway orwater body.

BUILDING — Any structure, requiring a building permit under the State Building Code, 780CMR 101.0 et seq., and/or Wenham Bylaws, that is enclosed within exterior walls or firewalls, built, erected and framed of a combination of any materials, whether portable or fixed,having a roof, to form a structure for the shelter of persons, animals or property. For thepurpose of this definition, "roof" shall include an awning or similar covering, whether or notpermanent in nature. The word "building" shall be construed where the context requires asthough followed by the words "or parts thereof."

BYLAW — The Town of Wenham Water Resources Protection Bylaw, General TownBylaws Chapter 242.

CONTINUOUS STREAM — All flowing watercourses shall be considered to be acontinuous stream unless a preponderance of evidence deemed acceptable to the ConservationCommission rebutting this presumption is presented.

A. Information necessary to overcoming this presumption includes, but is not limited to,direct observation and documentation of the:

(1) Absence of a continuous sheet of surface water throughout the watercourse, orrelevant segment, for a minimum of five consecutive days annually in most years(excluding periods when local drought or other conditions abnormally loweringthe water table are known to exist, or due to water withdrawals), as witnessed bya member of the Conservation Commission or its staff, which shall be considereddefinitive evidence in overcoming the presumption of continuous status;

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§ 500-4§ 500-4

(2) Absence of gravel, mineral, and riffle substrate;

(3) Absence of a clearly defined flow channel;

(4) Absence of bank undercutting; or

(5) Presence of established nonaquatic plants in the flow path (i.e., plants that areunable to grow in continuously submerged conditions).

B. The Conservation Commission will also consider estimates from modeling studies ofsurface water and groundwater hydrology in the relevant watershed. However, suchinformation will only be considered as evidence in conjunction with the observableindicators noted above.

C. Observational evidence shall, in all instances, take precedence over estimates,calculations, and other inferential evidence.

D. The Conservation Commission shall consider all of the evidence available together,judging the validity and reliability of the information, and base its determination on thepreponderance of acceptable evidence.

EMERGENCY WORK — Work falling within the jurisdiction of the Bylaw but wheredelays in its initiation and/or completion would jeopardize public health, safety and welfare.

HYDRIC SOILS — Soils which, in an undrained condition, display characteristics of ahydrologic regime of periodic annual saturation due to high groundwater, flooding or pondingthat results in an anaerobic condition which favors the growth and regeneration ofhydrophytic (wetland) vegetation. The following types of soils are hydric:

A. All organic soils (Histosols) except Folists.

B. Mineral soils in Aquic subgroups, Albolls suborder, Salorthids great group, or Pellgreat groups of Vertists which are:

(1) Somewhat poorly drained (as the soils type may be defined from time to time bythe U.S. Natural Resources Conservation Service) and have a water table lessthan 15 cm from the surface at some time during the growing season; or

(2) Poorly drained or very poorly drained (as those soil types may be defined fromtime to time by the U.S. Natural Resources Conservation Service) and haveeither:

(a) A water table at less than 30 cm from the surface at some time during thegrowing season if permeability is equal to or greater than 15 cm/hour in alllayers within 60 cm; or

(b) A water table at less than 45 cm from the surface at some time during thegrowing season if permeability is less than 15 cm/hour in any layers within60 cm.

(3) Mineral soils that are ponded during any part of the growing season; and

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(4) Mineral soils that are frequently flooded for long duration (more than seven days)or flooded for very long duration (more than one month) during the growingseason.

INTERMITTENT POND — An area subject to flooding that forms temporary confinedbodies of water during periods of high water table and high input from spring runoff orsnowmelt or heavy precipitation and supports wetland vegetation and does not serve asbreeding habitat for species of amphibians and is not a vernal pool.

INTERMITTENT STREAM — A body of running water that does not flow throughout theyear, including brooks and creeks, evidenced by a hydraulic connection between bodies ofwater, and which flows within, into or out of an area subject to protection under the Bylaw.

PROJECT REVIEW — A review by a qualified professional engaged by the Commissionthat examines engineering design, calculations and other information provided by theapplicant and other sources for completeness, accuracy, and effectiveness, including but notlimited to the following: runoff calculations, drainage and drainage structures, slopes,headwalls and retaining structures, siting of septic system relative to resource areas, soilsinformation, subsurface hydrology, plans for sequencing construction, and proposed erosionand sedimentation controls.

RESOURCE AREA — All areas subject to regulation under the Bylaw as listed in the Bylawand § 500-2A.

SPECIAL ENVIRONMENTAL IMPACT REVIEW — A review by a qualified professionalthat examines the information provided by the applicant and other sources of implications andimpacts of a project on resources, including but not limited to hydrology, wildlife, wildlifehabitat, water quality, and the other values protected by the Bylaw, and function andfeasibility of proposed wetland replication areas.

STRUCTURE — A combination of materials assembled or fabricated at a fixed location togive support, storage, or shelter, such as a building, framework, retaining wall, tent,reviewing stand, platform, bin, fences over six feet high, sign, flagpole, recreational tramway,mast for radio antenna, or the like. The word "structure" shall be construed, where the contextrequires, as though followed by the words "or part or parts thereof."

WORK — The performance of activities, including, but not limited to, the followingactivities: filling, excavation, grading, operation of motorized construction equipment, andstorage or stockpiling of earth or construction materials.

§ 500-5. Procedures.

A. Application for permits under the Bylaw.

(1) Written applications shall be filed with the Commission to officially determinethe boundaries of resource areas and/or to perform activities altering, or possiblyaltering, resource areas protected by the Bylaw. The permit application (notice ofintent, abbreviated notice of intent, abbreviated notice of resource areadelineation, request for certificate of compliance, request for an amended order ofconditions, or request for determination of applicability) shall include suchinformation and plans and completed Department of Environmental Protection

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§ 500-5§ 500-5

(DEP) field data forms, stormwater management form, and riverfront area form asare deemed necessary by the Commission to determine resource area boundaries,to describe proposed activities and their effects, or potential effects, on theresource areas and areas protected by the Bylaw, or to determine whethercompleted work was in compliance with all applicable permits, laws andregulations.

(2) A permit application is not complete until all required application materials havebeen received by the Conservation Commission. No hearing or meeting for theproposed project will be scheduled until all required application materials havebeen received. Required application materials are specified in the applicablepermit application instructions. In addition, the following requirements must bemet for a permit application to be considered complete:

(a) Copies. All permit applications shall contain nine sets of the completefiling. The applicant shall also submit to the Commission nine sets of anyrevised, amended, or supplemented information introduced or referred to bythe applicant during the course of the public hearings on the application.The Commission may, at any time during the review process, require thesubmission of extra copies, at cost to the applicant, of the application and/orplans.

(b) Plan requirements. The following minimum requirements apply to planssubmitted with a notice of intent, request for an amended order ofconditions, request for a certificate of compliance, or abbreviated notice ofresource area delineation. At its sole discretion, the Commission may relaxthese requirements for small projects. The Commission may also, at its solediscretion, relax the sheet size and scale requirements for projects involvingland areas too large to be contained on a sheet meeting the size and scalerequirements.

[1] Sheet size: maximum 30 inches by 42 inches.

[2] Scale: as needed to show all necessary details, but at a ratio nogreater than 1:480 (e.g., one inch equals 40 feet).

[3] Title block: located at the right-hand lower corner, containing:

[a] Name of owner of record, applicant, and professional landsurveyor/professional engineer (if involved).

[b] Lot number, street number, street, Tax Assessors' Map, blockand parcel/lot numbers.

[c] Original date.

[d] Revision area for dates and nature of revisions.

[e] Scale.

[4] North arrow.

[5] Locus map.

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[6] Nearest utility pole number, if applicable.

[7] Reference benchmark (vertical datum used).

[8] Legend depicting all natural resources and significant site features.

[9] All resource areas (i.e., areas subject to protection under the Bylaw).

[10] Wetland boundaries indicated by numbered points corresponding toflags placed in the field with elevation of flags.

[11] Adjacent upland resource area boundary lines.

[12] Existing improvements, e.g., buildings, stone walls, and trails.

[13] Existing topography and proposed contours at a contour interval nogreater than two feet.

[14] Cross sections.

[15] All proposed or completed alterations.

[16] Location of well and septic system with reserve area.

[17] Erosion/sedimentation control measures.

[18] Replication areas.

[19] Discharge points.

[20] Property boundaries, rights-of-way, easements, and restrictions.

[21] Applicable no-disturb zone (see § 500-13C herein).

[22] FEMA floodplain areas.

[23] Surface water supply protection areas (Zones A, B and C).

[24] Local aquifer protection districts.

[25] Pre- and post-development overstory tree canopy line within adjacentupland resource areas.

[26] Record the person(s) and firm that delineated the resource areas.

[27] Placement of underground utilities.

[28] Applicable zone where no structures requiring a building permit areallowed (see § 500-13C herein).

[29] Stamp and signature of a registered professional land surveyor or aregistered professional engineer. In circumstances where theCommission determines that no survey is required, the stamp andsignature of a registered sanitarian may be acceptable.

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§ 500-6§ 500-5

(3) The applicant shall be responsible for confirming the appropriate licensure,according to state law, for any professional assisting in the completion ofapplication materials and/or attending public hearings.

B. An applicant filing a permit application (excluding a request for a certificate ofcompliance) with the Commission shall at the same time give written notificationthereof, by delivery in hand or certified mail, return receipt requested, to all abutters asdefined in the Bylaw. Said notification shall be at the applicant's expense and shall statewhere copies of the permit application may be examined and obtained and shall state abrief description of the proposed work, as well as the date, time and place of the publichearing. Proof of such notification, with a copy of the notice mailed or delivered, shallbe filed with the Commission.

C. Time periods.

(1) An applicant filing a permit application must submit all supporting documentationno later than 10 business days prior to the public hearing or its continuation atwhich the applicant wishes the matter to be heard. This is the minimum timeneeded to allow the Commission and staff to properly review, analyze and checkthe information provided. Documentation submitted with fewer than the minimum10 business days for review may be excluded from consideration at the scheduledhearing and held for discussion at a subsequently scheduled hearing.

(2) The Commission reserves the right to waive the requirement for submittal ofinformation 10 days prior to the hearing under special circumstances and torequest a longer minimum period of information submission prior to the hearingfor technically challenging or complex projects, both determinations to be madeat the Commission's sole discretion.

D. Public hearings by the Conservation Commission. The Commission shall conductpublic hearings in accordance with the provisions and procedures delineated in theBylaw.

E. Permits regulating the work. Any permit issued shall be issued in accordance with theprovisions of the Bylaw.

§ 500-6. Emergencies.

Emergency projects shall be initiated and carried out in accordance with the provisions of theBylaw, 310 CMR 10.06 and these regulations.

A. After completion of the emergency work, an as-built plan must be filed with theCommission within 30 days from date of certification.

B. After completion of the emergency work, the Commission may, after notice and publichearing, require restoration, project modification, and/or mitigation measures to protectthe values stated in the Bylaw.

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§ 500-7. Security.

A. As part of a permit issued under Chapter 242, Water Resources Protection, in additionto any security required by any other municipal or state board, agency, or official, theCommission may require that the performance and observance of the conditionsimposed in a permit issued thereunder be secured wholly or in part by one or more ofthe following methods:

(1) By a proper bond or deposit of money or negotiable securities or otherundertaking of financial responsibility sufficient, in the opinion of theCommission, to be released in whole or in part upon issuance of a certificate ofcompliance for work performed pursuant to the permit.

(2) By accepting a conservation restriction, easement or other covenant enforceablein a court of law, executed and duly recorded by the owner of record, runningwith the land to the benefit of this municipality whereby the permit conditionsshall be performed and observed before any lot may be conveyed other than bymortgage deed. This method shall be used only with the consent of the applicant.

B. Bonds or surety.

(1) The amount of a bond or surety which may be required under § 242-10 of theBylaw shall be that amount, to be held in escrow, to secure faithful andsatisfactory performance of all or any part of the conditions required by thepermit.

(2) The amount of a bond or surety shall be determined by the Commission and/orany other person knowledgeable in such matters as designated by theCommission. A bond estimate may be requested from the Commission and willremain effective for 60 days. The cost of this estimate will be borne by theapplicant. The amount of any bond or surety requested shall reflect the cost to theTown to carry out any remedial work necessary to bring the project intocompliance with the requirements of the permit should that be necessary due tofailure of the applicant to complete the work in accordance with the conditions ofthe permit.

(3) Such bond or surety shall be approved as to form and manner of execution by theTown Counsel and as to sureties by the Town Treasurer/Collector, and shall becontingent upon the completion of such work and observance of conditions withinthe time frame of the permit or extension, if granted. This bond or surety shall beapproved and filed with the Town prior to the close of the public hearing.

(4) A bond or surety shall be released by the Commission only on satisfactorycompletion of the conditions of a permit and issuance of a certificate ofcompliance.

C. Release of performance guarantee.

(1) Upon completion of the project or that part of the project conditioned in thepermit, security for the performance of which was given by bond, surety, orcovenant, the applicant may request and agree on terms of release with theCommission.

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§ 500-8§ 500-7

(2) If the Commission determines that said project had been completed in compliancewith the conditions of the permit, it shall release the interest of the Town in suchbond or surety and return the bond or surety to the person who furnished thesame, or release the covenant, if appropriate.

(3) If after receipt of the request for release of performance guarantee theCommission determines that said project has not been completed in compliancewith the conditions of the permit, it shall, within 45 days, specify to the applicant,in writing, the details wherein said work fails to comply with the permit. Theapplicant will be given a reasonable amount of time determined by theCommission sufficient to make the necessary remedial measures, but if at the endof the granted period of time the applicant fails to complete the remedialmeasures or to take such steps as required by the Commission to bring the projectinto compliance, and after public meeting on this matter, the Commission maytake steps to hire consultants and engage whatever professionals are necessary toperform the work necessary to bring the project into compliance using such fundsas necessary from the bond or surety, the remainder of which, if any, shall bereleased to the person who furnished the same.


A. When the Conservation Commission determines that an activity is in violation of theBylaw or a permit issued under the Bylaw, the Commission may:

(1) Issue an enforcement order under the Bylaw; and/or

(2) Hold an administrative hearing under the Bylaw to consider whether thelandowner or party(ies) responsible for the violation should be fined for theviolation.

(3) Issue a citation pursuant to Wenham General Laws Chapter 1, Article II,Noncriminal Disposition of Certain Violations.

B. Violations include, but are not limited to:

(1) Failure to comply with a permit, such as failure to observe a particular conditionor time period specified in the permit.

(2) Failure to complete work described in a permit.

(3) Failure to obtain a valid permit prior to conducting an activity subject toregulation under the Bylaw.

(4) Causing, suffering, or allowing of illegal work or activity.

(5) Failure or refusal to comply with an enforcement order.

(6) Failure or refusal to remove illegal fill, restore property, or obtain necessaryapprovals.

(7) Obtaining a permit under false pretenses.

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C. In the event of a reasonable question by the Commission as to the validity of any partof a submission, the applicant shall have the burden of proving its validity.

D. In the appropriate case, the Commission may issue an enforcement order under theWetlands Protection Act, MGL c. 131, § 40, in lieu of or in addition to an enforcementorder under the Bylaw.

E. An enforcement order under the Bylaw issued by the Conservation Commission shallbe signed by a majority of the Commission. In a situation requiring immediate action,an enforcement order under the Bylaw may be signed by a single member or agent ofthe Commission, followed by ratification of said order by a majority of the members atthe next scheduled meeting of the Commission.

F. Before a fine is imposed or adjusted, the Commission shall hold an administrativehearing to discuss the violation and to give the landowner, the landowner'srepresentative or any other party (inclusively, hereafter, the "violating parties") anopportunity to respond to the evidence and circumstances. All violating partiesidentified to participate in the administrative hearing must be given at least 48 hours'notice, in writing, of the date, time, and place of an administrative hearing, by certifiedmail or hand delivery. If a majority of the Commission present at the hearing finds bythe evidence that a violation has occurred, the violating parties shall be subject to a fineof not more than $300 per violation. The amount of the fine per violation will bedetermined by the Commission at the administrative hearing.

G. The Commission shall take into account the nature of the violation as follows:

(1) For purposes of determining fines, each day or portion thereof during whichnoncompliance with an enforcement order under the Bylaw or failure to resolvean outstanding violation addressed through issuance of a ticket pursuant to theBylaw continues shall constitute a separate offense, and each provision of theBylaw or permit violated shall constitute a separate offense.

(2) In the case of destruction of vegetation, the Commission may continueindefinitely any public hearing for any part of that site until the vegetation hasreemerged, grown or otherwise established itself to the Commission's satisfaction.In the meantime, all work shall cease at the site.

H. The notice of a fine or fines and explanation thereof, including the date or approximatedate of the violation from which daily violations are counted, will be sent in writing tothe responsible violating parties by certified mail or hand delivery. The fine or fines arepayable to the Town of Wenham within 21 days of the date of issuance of the notice.

I. The Town Treasurer/Collector may record in the Registry of Deeds a conservation lienfor nonpayment of accumulated fines. The lien shall be against all property includingand contiguous to the area of the violation and within the Town boundaries held by thelandowner at the time of the violation. The Commission shall hold an administrativehearing, to which the landowner is given written notice as described above, in order todecide the amount of the lien which may not exceed the amount of accumulated finesto date.

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§ 500-10§ 500-8

J. A violating party can apply, in writing, for a continuance of the administrative hearing,stating in full the reason for the request. The Commission may grant a continuance forcompelling and/or environmentally sound reasons.

K. The Commission reserves the right to adjust the fine in response to new information ornew circumstances at an administrative hearing under the Bylaw to which the violatingparties will be given notice as above. A written notice of the adjustment of fine shall besent to the violating parties by certified mail or hand-delivered.

L. Unless otherwise stated in the Bylaw or in the rules and regulations promulgated underthe Bylaw, the definitions, procedures, and performance standards of the WetlandsProtection Act, MGL c. 131, § 40, and associated regulations, 310 CMR 10.00, asamended from time to time, shall apply to all permit applications.

M. If a violating party ignores or fails to comply with an enforcement action brought bythe Commission, the Commission shall, at its discretion, seek to enforce those orders inthe Massachusetts courts by various means, including but not limited to temporaryrestraining orders, preliminary injunctions, assessment of fines, real estate attachments,site restoration orders and other means, to achieve compliance.


If any section or provision of any part of these regulations or the application thereof is heldto be invalid, such invalidity shall not affect any other section or provision thereof nor shall itinvalidate any permit or determination which previously had been issued.

ARTICLE IIRegulations for Resource Areas


A. Limited projects. Notwithstanding the provisions of the Bylaw regulation §§ 500-11through 500-13, the Commission may issue a permit and impose such conditions as willcontribute to the interests identified in the Bylaw permitting certain limited projects aslisted in 310 CMR 10.53(3)(a) to (d), (j) and (l), as well as the following limitedprojects:

(1) Access road. The construction and maintenance of a new roadway or driveway ofminimum legal and practical width where reasonable alternative means of accessfrom a public way to an upland area are otherwise unavailable. In determiningwhether reasonable alternative means of access are available, the Commissionmay consider the reasonableness of any available alternatives, includingrealignment or reconfiguration of the project to minimize disruption of thewetlands, and whether land sales by the present or former owner are the cause ofthe access restriction leading to the application to construct access in or nearresource areas. The limited project exception does not contemplate maximumdevelopment of uplands at the expense of wetlands, which would result fromlocating accessways in wetland areas to the greatest extent possible.

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(a) Such roadway or driveway shall be constructed using the best availablepractices to minimize disturbance and maximize compliance with theapplicable performance standards. In no case shall wetland filling for aroadway or driveway be greater than 2,500 square feet of an area specifiedin § 500-2A(1) to (7) nor impact more than 20 linear feet of bank. Inaddition, such roadway or driveway shall be constructed in a manner thatdoes not adversely restrict the flow of surface or subsurface water and sothat equivalent flood storage is maintained.

(b) A second access road to the same upland area shall not qualify as a limitedproject.

(2) Maintenance of existing public roadways, but limited to improving inadequatedrainage systems.

(3) The excavation of wildlife impoundments, farm ponds and ponds for fireprotection, provided that no fill or other material is placed upon the wetland, orthe values the wetland protects are not adversely affected by this activity.

(4) The maintenance of beaches and boat launching ramps that existed on theeffective date of this article.

(5) The maintenance, repair and improvement (but not substantial enlargement) ofstructures, including buildings, piers, towers, headwalls, bridges and culverts thatexisted on the effective date of this article.

(6) The routine maintenance and repair of road drainage structures, including culvertsand catch basins, drainage easement, ditches, watercourses and artificial waterconveyances to ensure flow capacities that existed on the effective date of thisarticle.

§ 500-11. Wetlands (wet meadows, swamps, bogs and marshes).

A. Preamble. Freshwater wetlands are likely to be significant to public and private watersupply, groundwater supply, flood control, storm damage prevention, prevention ofpollution and the protection of fisheries and to wildlife habitat.

(1) The plant communities, soil, and associated low topography of freshwaterwetlands remove or detain sediments, nutrients (such as nitrogen and phosphorus)and toxic substances (such as heavy metal compounds) that occur in runoff andfloodwater.

(2) Some nutrients and toxic substances are detained for years in plant root systemsor in the soils. Others are held by plants during the growing season and releasedas the plants decay in the fall and winter. This latter phenomenon delays theimpacts of nutrients and toxins until the cold weather period, when such impactsare less likely.

(3) "Freshwater wetlands" are areas where groundwater discharges to the surface andwhere, under some circumstances, surface water discharges to the groundwater.The profusion of vegetation and the low topography of freshwater wetlands slow

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§ 500-11§ 500-11

down and reduce the passage of floodwaters during periods of peak flows byproviding temporary floodwater storage and by facilitating water removal throughevaporation and transpiration. This reduces downstream flood crests and resultingdamage to private and public property. During dry periods, the water retained infreshwater wetlands is essential to the maintenance of base flow levels in riversand streams, which in turn is important to the protection of water quality andwater supplies.

(4) Wetland vegetation provides shade that moderates water temperatures conducivefor protection of fish life. Wetlands flooded by adjacent water bodies andwaterways provide food, breeding habitat and cover for fish. Fish populations inthe larval stage are particularly dependent upon food provided by over-bankflooding which occurs during peak flow periods (extreme storms), because mostriver and stream channels do not provide sufficient quantities of the microscopicplant and animal life required for food.

(5) Wetland vegetation supports a wide variety of insects, reptiles, amphibians,mammals and birds which are a source of food for important game fish. Bluegills(Lepomis macrochirus), pumpkinseeds (Lepomis gibbous), yellow perch (Percaflavescens), rock bass (Ambloplites rupestris), and all trout species feed uponnonaquatic insects. Largemouth bass (Micropterus salmoides), chain pickerel(Esox niger), and northern pike (Esox lucius) feed upon small mammals, snakes,nonaquatic insects, birds, and amphibians.

(6) Freshwater wetlands are the Town's most important habitat for wildlife. Thehydrologic regime, plant community composition and structure, soil compositionand structure, topography and water chemistry of freshwater wetlands provideimportant food, shelter, migratory and overwintering areas, and breeding areas formany birds, mammals, amphibians and reptiles. A wide variety of vegetativewetlands plants, the nature of which are determined in large part by the depth andduration of water, as well as soil and water composition, are utilized by variedspecies as important areas for mating, nesting, brood rearing, shelter, and (directlyand indirectly) food. The diversity and interspersion of the vegetative structure isalso important in determining the nature of its wildlife habitat. Different habitatcharacteristics are used by different wildlife species during summer, winter, andmigratory seasons.

B. Definition, critical characteristics and boundary. Freshwater wetlands are riverinewetlands, marshes, wet meadows, bogs, perched wetlands or swamps that meet at leastone of the following requirements:

(1) Fifty percent or more of the natural vegetative community must consist ofobligate or facultative wetland plant species, as included or identified in generallyaccepted scientific or technical publications (such as the Wetlands Plant List,Northeast Region for the National Wetlands Inventory, U.S. Fish and WildlifeService).

(2) The presence of a hydrologic regime that indicates a wet condition in which thesoils are annually saturated, as evidenced by the observed or documentedpresence of groundwater generally within 24 inches of the surface at any time of

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the year or by soil gleying or soil mottling within 24 inches of the surface oridentified as one of the hydric soils listed in § 500-4.

(3) The presence of hydric soils, mineral and/or organic types associated withwetlands as identified in § 500-4.

(4) Where the natural vegetative community has been destroyed, as for example bylandscaping or agricultural use, or in violation of the Bylaw, the Commissionmay determine the area to be a freshwater wetland on the basis of annual soilsaturation or soil analysis alone or may defer the determination until the naturalvegetation has regrown.

C. Presumption. Where a proposed activity involves the removing, filling, dredging, oraltering of a freshwater wetland, the Commission shall presume that such area issignificant to the interests specified in Subsection A. This presumption is rebuttable andmay be overcome upon a clear showing that the freshwater wetland does not play a rolein the protection of said interests. In the event that the presumption is determined tohave been overcome, the Commission shall make a written determination to this effect,setting forth its grounds.

D. General performance standards.

(1) Where the presumption set forth above is not overcome, any proposed work in afreshwater wetland shall not destroy or otherwise impair any portion of said area.

(2) Notwithstanding Subsection D(1) above, the Commission may issue a permitallowing work that results in the loss of up to 2,500 square feet of freshwaterwetlands when said area is replaced in accordance with the following generalconditions and any additional specific conditions the Commission deemsnecessary to ensure that the replacement area will function in a manner similar tothe area that will be lost:

(a) The surface area of the replacement area to be created (the "replacementarea") shall be at least equal to that of the area that will be lost (the "lostarea"); at the discretion of the Commission the "replacement area"requirement may be more than equal to the area lost;

(b) The groundwater and surface water elevation of the replacement area shallbe approximately equal to that of the lost area;

(c) The overall horizontal configuration and location of the replacement areawith respect to the bank shall be similar and contiguous to that of the lostarea;

(d) The replacement area shall have an unrestricted hydraulic connection to thesame water body or waterway associated with the lost area;

(e) The replacement area shall be contiguous to the same area of the waterbody or reach of the waterway as the lost area;

(f) At least 75% of the surface of the replacement area shall be reestablishedwith indigenous wetland plant species within two growing seasons, andprior to said vegetative establishment, any exposed soil in the replacement

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area shall be temporarily stabilized to prevent erosion in accordance withstandard Natural Resources Conservation Service methods;

(g) The replacement area shall be successfully established and functioning atthe site in a manner similar to that of the area lost prior to the start of anyconstruction at the site in the area of Commission jurisdiction. Alternately,at the discretion of the Commission, a surety bond or other instrument ofsecurity sufficient to cover the cost of remedial work may be accepted fromthe applicant to assure the successful completion and function of thisreplacement area after completion of this project; and

(h) The replacement area shall be provided in a manner which is consistentwith all other general performance standards for each resource areadescribed in these regulations.

(3) Notwithstanding the provisions of Subsection D(1) and (2) above, theCommission may issue a permit allowing work which results in the loss of aportion of freshwater wetland when:

(a) Said portion has a surface area of less than 500 square feet;

(b) Said portion extends in a distinct linear configuration ("fingerlike") intoadjacent uplands; and

(c) In the judgment of the Commission, it is not reasonable to scale down,redesign or otherwise change the proposed work so that it could becompleted without loss of said wetland.

(4) Notwithstanding the provisions of Subsection D(1), (2) and (3) above, no projectmay be permitted which will have any adverse effect on water quality, floodcontrol, or habitat sites of rare vertebrate or invertebrate species.

§ 500-12. Water bodies, waterways (lakes, creeks, streams, rivers, flats and ponds) andland under water bodies and waterways.

A. Presumption. Where a project involves removing, filling, dredging, discharging into,building upon, otherwise altering, polluting, or degrading water bodies, waterways andland under water bodies and waterways, the Commission shall presume that such areais significant to the interests specified in the Bylaw, these regulations and 310 CMR10.56(1). This presumption is rebuttable and may be overcome upon a clear showingthat the water body, waterway or land under water body or waterway does not play arole in the protection of said interests. In the event that the presumption is determinedto have been overcome, the Commission shall make a written determination to thiseffect, setting forth its grounds.

B. General performance standards. Where the presumption set forth in Subsection A is notovercome, any proposed work within the water body, waterway or land under waterbody or waterway shall not impair the following:

(1) The water-carrying capacity within the defined channel, which is provided bysaid land in conjunction with the banks;

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(2) Groundwater and surface water quality;

(3) The capacity of said land to provide breeding habitat, escape cover and food forfisheries; and

(4) The capacity of these areas to provide important wildlife habitat functions.

§ 500-13. Adjacent upland resource areas.

A. Preamble.

(1) It has been the Commission's experience that projects undertaken in closeproximity to the wetlands areas have high likelihood of resulting in somealteration of those areas, either immediately, as a consequence of construction, orover a longer period of time, as a consequence of daily operation or the existenceof the activities. These adverse impacts from construction and use can include,without limitation, erosion, siltation, loss of groundwater recharge, poor waterquality, nutrient runoff, vegetation change, and loss of wildlife habitat.

(2) The Commission therefore may require that the applicant maintain a strip ofcontinuous, undisturbed vegetative cover in part or all of the adjacent uplandresource area and set other conditions thereupon.

(3) A growing body of evidence suggests that even "no-disturbance" areas reaching100 feet from the areas subject to protection under the Bylaw are insufficient toprotect many important wetland characteristics and values of the Bylaw. Thus, ingeneral, the Commission discourages any work or activity within 100 feet ofareas subject to protection under the Bylaw [200 feet in the case of waterwaysand water bodies specified in § 500-2A(2)] and encourages applicants to pursuereasonable alternatives outside of the adjacent upland resource areas wheneverpossible. In the case of new subdivisions, reasonable alternatives includereconfiguring or reducing the number of lots so that no permanent structures willbe built in any adjacent upland resource area or in any area subject to protectionunder the Bylaw.

(4) Accordingly, these regulations require that any person intending to perform workwithin 100 feet of a resource area specified in § 500-2A(1) to (6) [200 feet in thecase of waterways and water bodies specified in § 500-2A(2)] must submit to theConservation Commission either a request for determination of applicability or anapplication for a permit. This way, the Commission has an opportunity to reviewthe proposed project to determine whether any alteration is in compliance withother applicable performance standards.

(5) If, in response to a request for determination of applicability, the Commissionfinds that work within the adjacent upland resource area will not alter the areaspecified in § 500-2A(1) to (6), it may issue a negative determination ofapplicability, with or without conditions.

B. Critical characteristics.

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(1) Where surface runoff or groundwater from the adjacent upland resource areadrains toward these areas [§ 500-2A(1) to (6)], vegetative cover and soils mayfilter runoff and provide uptake or renovation of pollutants from adjacent areas,thereby protecting water quality within the resource area. The vegetation and soilsmay slow surface runoff and permit infiltration of precipitation, maintaining thehydrologic regime to which the resource area is adapted.

(2) Where surface water or groundwater from the adjacent upland resource area doesnot drain toward the areas specified in § 500-2A(1) to (6), the topography andsoils characteristics may help to control the surface and groundwater regime inthe area.

C. Presumption. Based on experience to date with projects in the adjacent upland resourcearea, the Commission shall presume that work, as that term is defined in § 500-4, in thecategories below, closer than the tabulated distances from an area specified in § 500-2A(1) to (6) will result in alteration of the area. This presumption is rebuttable and maybe overcome by clear and convincing evidence that the nature of the proposed work,special design measures, construction controls, or site conditions will preventalterations of the resource area specified in § 500-2A(1) to (6). Depending on siteconditions and project characteristics, the Commission may also find that work atgreater distances from the area specified in § 500-2A(1) to (6) will alter the resourcearea.

(1) Distances from areas specified in § 500-2A(1) to (6):

Type of Project Limit of Work Limit of Building

Single residential lot 30 feet and 2 feetvertically

50 feet

Subdivision lot (2 or moreunits) with lot preparation donein conjunction with roadconstruction

50 feet and 2 feetvertically

70 feet

Commercial/industrial/institutional

50 feet and 2 feetvertically

75 feet

Driveways and utilities 20 feet (except forpermitted crossings) and2 feet vertically

Minor street, subdivision 25 feet (except forpermitted roads andother road crossings)and 2 feet vertically

Septic systems (all elementsand components includinggrading for breakoutrequirements and clay barriers)

100 feet 100 feet

Underground storage tanks 200 feet

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(2) The following activities within the adjacent upland resource area are presumednot to alter areas specified in § 500-2A(1) to (6). This presumption is rebuttableand may be overcome when the nature of the work or site conditions will resultin alteration of an area specified in § 500-2A(1) to (6) unless special preventivemeasures are taken.

(a) Discharge of subsurface drainage from a single residential lot or residentialbuilding.

(b) Discharge of roof and driveway runoff from a total impervious area of lessthan 4,000 square feet (per project), meeting the above separation distances.

(c) Mowing or cutting vegetation to within 20 feet of an area specified in§ 500-2A(1) to (6), provided that soil is not exposed to erosion and that sodcover or natural litter layer is maintained.

(d) Landscape plantings, to within 20 feet of an area specified in § 500-2A(1)to (6), provided that the Commission has not required the applicant tomaintain a strip of continuous naturally vegetative cover and the areasdisturbed are mulched immediately and there is no change in grade.

(e) Construction or installation of fences or structures not requiring a buildingpermit where no extensive filling or grading of the area is involved.

(f) Soil borings carried out to gather information for submittal with anapplication for a permit.

D. Strips of continuous naturally vegetated cover.

(1) If work within the adjacent upland resource area is approved by the Commission,the Commission may require that the applicant maintain a strip of continuousnaturally vegetated cover within the adjacent upland resource area. This strip ofnaturally vegetated cover will be a minimum of 50 feet in width [100 feet in thecase of waterways and water bodies specified in § 500-2A(2)]. Depending on theparticular characteristics of the site, the Commission may require more than 50feet [100 feet in the case of waterways and water bodies specified in § 500-2A(2)] of naturally vegetative cover. These characteristics include, but are notlimited to, the following:

(a) Slope;

(b) Soil characteristics;

(c) Type of vegetation;

(d) Surface hydrology;

(e) The relative size of the area subject to protection under the Bylaw, adjacentupland resource area and surrounding watershed;

(f) The position of the area subject to protection under the Bylaw within thewatershed; and

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§ 500-13§ 500-13

(g) Whether the area subject to protection under the Bylaw is an outstandingresource water pursuant to 314 CMR 4.06.

(2) The construction of buildings, sheds, garages or other accessory structures,swimming pools, tennis courts, septic systems, installation of lawn, removal oftrees or shrubs, placement of wood chips or bark mulch, dumping of leaves orlawn refuse, grading, removal of naturally occurring leaf litter and debris, andother landscaping activities that interfere with the naturally occurring vegetationof the area are prohibited within the strip of continuous naturally vegetated cover.With respect to septic systems, a permit from the Board of Health will notnecessarily preclude the Commission from denying a permit for a septic systemin order to preserve a naturally vegetated buffer strip.

(3) Removal of exotic invasive species and/or planting of native species of vegetationin the strip of naturally vegetated cover may be permitted with the prior writtenapproval of the Commission. This permission shall be requested in writing.

(4) Footpaths through the strip of naturally vegetated cover may be permitted so longas they:

(a) Minimize disturbance to the natural vegetative cover;

(b) Are no wider than three feet;

(c) Are not covered with asphalt, gravel, wood chips or other material; and

(d) Do not encroach upon areas subject to protection under the Bylaw(excluding the adjacent upland resource areas).

(5) The Commission may permit temporary disturbance in a strip of naturallyvegetated cover in cases where the applicant has proven to the Commission'ssatisfaction that no harm is likely to result to the adjacent upland resource area asa result of the temporary disturbance. Once the activity is completed, the area willbe allowed to return to natural vegetation and function. The Commission willestablish specific time frames and conditions for allowing temporary disturbances,and will set criteria for assessing the successful return of the strip of naturallyvegetated cover to natural functions. Any subsequent disturbance or activity willrequire a new application.

E. General performance standards.

(1) One of the following must apply in adjacent upland resource areas:

(a) Any work within the adjacent upland resource area shall not result inalteration of any area specified in § 500-2A(1) to (6); or

(b) If work within the adjacent upland resource area which alters an areaspecified in § 500-2A(1) to (6) is permitted by the Commission, thealteration of the area shall comply with the applicable performancerequirements for the altered area and any other conditions the Commissionmay require to enforce those performance requirements.

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(2) Point discharge of surface runoff within or through the adjacent upland resourcearea shall be controlled to minimize increases in peak flow in the watercoursedownstream of the discharge point for the runoff, as determined for the two-, ten-, and 100-year storms, and to cause no increase in flood elevations outside theproject site.

(a) For projects with over 40,000 square feet of added impervious surface,there shall be no increase in peak flow rates in the watercourse immediatelydownstream of the discharge point.

(b) For projects with 4,000 to 40,000 square feet of added impervious surface,the best practical measures shall be used to minimize increase in flow rates.

(3) Protective vegetative cover is to be maintained on all embankments facing lakes,ponds, marshes, estuaries, rivers and streams.

(4) There shall be no clear-cutting of standing trees and surface vegetation; trees maybe thinned to spacing not to exceed 20 feet; low brush within 20 feet of a wetlandmay be topped to a height of three feet or replaced with Commission-approvedpreferred wetland species.1

(5) Any area within the adjacent upland resource area proposed for removal ofvegetation where soil will be exposed for more than 20 days shall be mulched orotherwise treated to prevent erosion.

F. Information.

(1) Depending on the scope of the project, the Commission may require that theapplicant provide adequate information regarding the following so as to enablethe Commission to evaluate whether any form of permanent or temporarydisturbance is appropriate:

(a) Values and functions of the area subject to protection under the Bylaw oradjacent upland resource areas.

(b) Preproject characteristics of the site, i.e., slope, soil type, vegetation cover,etc.

(c) Wildlife habitat and rare species present on the site. Wildlife habitat servesa variety of functions in support of wildlife. Food, water, breeding space,and connections to other habitat areas are all important. All of thesewildlife habitat functions are presumed to exist in all areas subject toprotection under the Bylaw.

(d) The character of the activities proposed.

(e) Reasonably practicable alternatives to the proposed activities, includingreducing the scale and scope of the project. Options that appear to beprecluded only by self-imposed constraints shall be considered asreasonably practicable alternatives.

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§ 500-13§ 500-13

(2) The Commission may deny a permit if the applicant fails to provide theinformation requested.

(3) "Information," for purposes of this regulation, includes site visits by theCommission and its staff or representatives for the purpose of directly observingpreproject and post-project conditions on the property, at seasonally appropriatetimes.

G. Previously altered adjacent upland resource areas. In the case of lots where the adjacentupland resource areas have previously been altered, the Commission may requiremitigation in the form of plantings to enhance an existing continuous strip of naturallyvegetated cover or to create additional vegetated cover before allowing any furtheralteration in any part of the area subject to protection under the Bylaw.

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APPENDIX

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A800:1 Final Draft, Feb 2020

Chapter A800

LOCAL OPTIONS

§ A800-1. Compilation of optional laws.

§ A800-1. Compilation of optional laws.

A. Massachusetts General Laws Chapter 4, § 4, sets forth the method for a town to accepta law. When a town accepts a law, it submits itself to the subject of the law and itsprovisions. Laws are accepted by a vote at town meeting in a town and by other bodiesin municipalities with other forms of government. Revocation of an optional law is setforth in MGL c. 4, § 4A. Revocation can be made any time after the expiration of threeyears from the date upon which a law takes effect upon its acceptance by a city or townor municipality in the same manner as it was accepted. A vote at town meeting is themethod to revoke a law which was previously accepted. This section does not includelaws which have been revoked.

B. The following optional laws have been accepted by the Town of Wenham:

(1) Chapter 242 of the Acts of 1867 re: shade and ornamental trees standing onhighways and streets. Accepted March 6, 1882, vol. 6 p. 265.

(2) Chapter 169 of the Acts of 1869 re: Betterments Acts. Accepted March 3, 1873,vol. 5 p. 350.

(3) Chapter 346 of the Acts of 1902 re: moderators of Town Meetings elected forone-year terms. Accepted November 23, 1903, vol. 8 p. 314.

(4) Chapter 514, § 37, of the Acts of 1909 re: eight-hour workday for all laborersemployed by Town. Accepted March 4, 1912, vol. 9 p. 210.

(5) Chapter 423, § 1-6, of the Acts of 1909 re: sale of ice cream on Sunday.Accepted March 1, 1920, vol. 10 p. 131.

(6) Chapter 367 of the Acts of 1911 re: use of school halls for other than schoolpurposes. Accepted March 4, 1912, vol. 9 p. 218.

(7) Revised Laws of 1902, Chapter 42, § 39 re: School Committee compensation.Accepted March 4, 1912, vol. 9 p. 218.

(8) Chapter 635 of the Acts of 1912 re: Tenement House Act. Accepted March 13,1913, vol. 9 p. 288.

(9) Chapter 807 of the Acts of 1913 re: compensation of laborers and workmen forinjuries in public employment. Accepted March 2, 1914, vol. 9 p. 342.

(10) Revised Laws, Chapter 28, § 1-14 re: Board of Park Commissioners. AcceptedMay 11, 1916, vol. 9 p. 441.

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(11) Chapter 293, § 1, of the Acts of 1916 re: cities and towns licensing automobilesand jitneys to carry passengers for hire. Accepted March 1, 1920, vol. 10 p. 131.

(12) Revised Laws of 1902, Chapter 102, Sections 29-32 re: authorization for theBoard of Selectmen to issue licenses to junk collectors. Accepted May 4, 1918,vol. 10 p. 40.

(13) Chapter 496, § 2, of the Acts of 1924 re: fees for slaughterhouse licenses (seealso MGL c. 94, § 120). Accepted May 25, 1925, vol. 10 p. 345.

(14) General Laws Chapter 41, § 73 re: Board of Survey. Accepted March 3, 1930,vol. 11 p. 19.

(15) Chapter 727 of the Acts of 1945 re: equal pay for men and women teachers (seealso MGL c. 71, § 40). Accepted March 4, 1946, vol. 12 p. 29.

(16) General Laws Chapter 32, § 1-28 re: contributory retirement system. AcceptedNovember 5, 1946, vol. 12 p. 58.

(17) Chapter 162 of the Acts of 1941 re: placing Inspector of Animals under thejurisdiction of the Board of Health (see also MGL c. 129, § 15). Accepted March7, 1949, vol. 12 p. 134.

(18) General Laws Chapter 40, § 42A-F re: establishing liens on real estate for non-payment of water rates and charges. Accepted March 7, 1949, vol. 12 p. 136.

(19) Chapter 624 of the Acts of 1952 (amended and clarified by Chapter 408 of theActs of 1967) re: increase in retirement allowances of former employees (see alsoMGL c. 32).

(20) General Laws Chapter 54, § 103A re: manner and time of elections (no longeracceptance statute). Accepted March 7, 1959, vol. 13 p. 81.

(21) General Laws Chapter 71, § 16-161 re: regional school district with Hamilton.Accepted June 9, 1959, vol. 13 p. 102.

(22) General Laws Chapter 58, § 7A-E re: petition to the Department of Revenue forinstallation of the State Assessment System. Voted March 17, 1962.

(23) General Laws Chapter 40, § 8C re: Conservation Commission. Accepted May 16,1962, vol. 13 p. 294.

(24) General Laws Chapter 32B re: insurance for employees of the Town and theirdependents. Accepted March 21, 1964, vol. 14 p. 33.

(25) General Laws Chapter 41, § 97A re: police force. Accepted March 21, 1970, vol.15 p. 54.

(26) General Laws Chapter 90, § 20C re: traffic tags and fines. Accepted March 21,1970, vol. 15 p. 54.

(27) General Laws Chapter 32B, § 7A re: employee group health and life insurance.Accepted May 3, 1975, vol. 16 p. 105.

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LOCAL OPTIONS


§ A800-1§ A800-1

(28) General Laws Chapter 272, § 73A re: removal of gravestone for repair andreproduction. Accepted May 3, 1975, vol. 16 p. 105.

(29) General Laws Chapter 40, § 6D re: appropriation of money for removal of iceand snow. Accepted May 7, 1977, vol. 16 p. 180.

(30) General Laws Chapter 40, § 12 re: development of a beach area at northwest endof Pleasant Pond. Accepted 7, 1977, vol. 16 p. 190.

(31) General Laws Chapter 40, § 8G re: authorizes the Town to enter into anagreement with another city or town to provide mutual aid for police departments.Accepted May 12, 1979.

(32) Section 13 of Chapter 258 re: indemnification of municipal officers AcceptedMay 10, 1980.

(33) Chapter 151 of the Acts of 1979 re: increase in the appropriations limit to$1,049,730. Accepted May 10, 1980.

(34) General Laws Chapter 40, § 4G re: increase from $2,000 to $4,000 the limitabove which contracts must be bid. Accepted May 9, 1981.

(35) General Laws Chapter 148, § 26C re: automatic smoke detectors. Accepted May9, 1981.

(36) General Laws Chapter 90, § 20A re: handling of motor vehicle parking rules andregulations. Accepted September 24, 1981.

(37) General Laws Chapter 41, § 69B re: establishing a surplus water account.Accepted September 24, 1981.

(38) Chapter 339 of the Acts of 1981 (MGL c. 44, § 53E) re: use of estimated receiptsfrom user fees to offset related department current year appropriations. AcceptedMay 8, 1982.

(39) General Laws Chapter 148, § 26G re: requirement for automatic sprinklers.Accepted May 14, 1983.

(40) Chapter 653, Section 2 and Section 5 of the Acts of 1982 re: statutory exemptionsto the elderly, widows and minors under Clause 17C and Clause 41B of MGL c.59, § 5, as amended. Accepted May 14, 1983.

(41) Chapter 597 of the Acts of 1982, amended MGL c. 60A, § 1 re: granting anexemption from motor vehicle excise tax for a motor vehicle owned by a formerprisoner of war. Accepted May 12, 1984.

(42) General Laws Chapter 71, § 40 re: compensation of each teacher at a rate of notless than $18,000 for school years commencing July 1, 1985. AcceptedNovember 20, 1985.

(43) Chapter 188, § 13 of the Acts of 1985 re: professional grant program,authorization for the Regional School District to apply for such grants. AcceptedNovember 20, 1985.

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(44) Chapter 55 of the Acts of 1984, which amended Chapter 60 re: property tax notdue in excess of $25 shall be due and payable in a single payment. Accepted May10, 1986.

(45) General Laws Chapter 41, § 108L re: career incentive pay for regular full-timemembers of the police. Accepted May 9, 1987.

(46) General Laws Chapter 59, Section 5, Clauses 17D and 41C, Acts of 1986 re:authorizing the Board of Assessors to grant statutory exemptions to the elderly,widows and minors. Accepted May 9, 1987.

(47) Chapter 258 of the Acts of 1982 in MGL c. 59, § 5, and further amended byChapter 653 of the Acts of 1982 re: authorizing the Board of Assessors to grantstatutory exemptions to the blind. Accepted May 9, 1987.

(48) General Laws Chapter 147, § 10F re: allowance by Gordon College securityofficers to issue Wenham parking tickets on campus. Accepted May 9, 1987.

(49) General Laws Chapter 148, § 26H re: requirement for automatic sprinklers inboardinghouses. Accepted May 9, 1987.

(50) Chapter 402 of the Acts of 1987, which amends MGL c. 59 by adding a new§ 57B, re: property tax not in excess of $50 shall be due and payable in a singlepayment. Accepted May 14, 1988.

(51) Chapter 281 of the Acts of 1988 re: requirement for the Registrars and ElectionCommissioners to conduct voter education. Accepted May 13, 1989.

(52) General Laws Chapter 140, § 147A re: dog bylaws and ordinances and assume alldog services currently performed by the County of Essex. Accepted May 13,1989.

(53) Chapter 291 of the Acts of 1990 re: enhanced 911 services. Accepted May 4,1991.

(54) General Laws Chapter 149, § 26E re: private residences to be equipped withsmoke detectors. Accepted May 4, 1991.

(55) General Laws Chapter 148, § 26I re: automatic sprinklers in buildings. AcceptedMay 4, 1991.

(56) Chapter 6 of the Acts of 1991, amending MGL c. 59, § 5, expanding eligibilityfor deferrals Clause 41A, re: new level of receipts not to exceed $40,000.Accepted May 2, 1992.

(57) Chapter 41 of Chapter 653 of the Acts of 1989, re: quarterly property tax bills.Accepted May 2, 1992.

(58) General Laws Chapter 166, § 32A, re: permitting Electrical Inspector to work forprivate citizens at their expense. Accepted May 1, 1993.

(59) Chapter 399 of the Acts of 1992 re: early retirement benefits for Town employeeswho retire by July 5, 1993. Accepted May 1, 1993.

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LOCAL OPTIONS


§ A800-1§ A800-1

(60) General Laws Section 18 of Chapter 32B re: transfer of all retirees, their spousesand dependents to a Medicare Extension Plan. Accepted May 1, 1993.

(61) General Laws Chapter 32B, § 9E re: authorization to pay a subsidiary oradditional amount for retired employees in excess of 50% of the stated monthlypremium of employee group health insurance. Accepted May 1, 1993.

(62) General Laws Chapter 32B, § 9D 1/2 re: authorization to pay a subsidiary oradditional amount for surviving spouse of retired employees in excess of 50% ofthe stated monthly premium of employee group health insurance. Accepted May1, 1993.

(63) Chapter 653, Section 40 of the Acts of 1989, re: allows cities and towns to assessnew buildings, structures or other physical improvements added to real propertybetween January 2 and June 13 for the fiscal year beginning July 1. AcceptedMay 7, 1994.

(64) Chapter 281 of the Acts of 1990, amending Chapter 20, § 2 re: abatement ofpersonal property tax bills where the amount collectible is less than $10.Accepted May 4, 1996.

(65) Vote to approve the appointment and/or election of members of the Board of FireEngineers as officers or members of the Wenham Fire Department, as provided inMGL c. 286A, § 21A. Approved May 2, 1998.

(66) General Laws Chapter 48, § 42A re: establishment of a Fire Department undercontrol of a Fire Chief and to abolish the present Board of Fire Engineers.Accepted May 1, 1999.

(67) General Laws Chapter 59, § 5K re: senior citizen property tax abatementprogram. Approved May 6, 2000.

(68) General Laws Chapter 71, § 16B re: amend Hamilton-Wenham Regional SchoolDistrict Agreement to reallocate capital costs of the regional school district byTown share of enrollment as set forth in said agreement. Accepted May 6, 2000.

(69) General Laws Chapter 59, §§ 41C, 41D, and 5K re: provide tax relief (increasedexemptions) for seniors. Accepted May 3, 2003. On April 2, 2016 (Art. 16), theTown voted to amend the Senior Citizen Property Tax Work-Off Program underMGL c. 59, § 5K, by increasing the abatement to $1,000 and by reducing theminimum age from 65 to 60. On April 1, 2017 (Art. 13), the Town voted toamend the Senior Citizen Property Tax Work-Off Program under MGL c. 59,§ 5K, by increasing the abatement to $1,500.

(70) General Laws Chapter 59, § 5, Clauses 17E and 17D re: senior tax reliefexemption to increase with inflation. Accepted May 1, 2004.

(71) General Laws Chapter 60, § 3C re: permit real estate tax bills to include checkoff for Town Scholarship. Accepted May 1, 2004.

(72) General Laws Chapter 60, § 3D re: permit real estate tax bills to include checkoff for Town aid to elders. Accepted May 1, 2004.

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(73) General Laws Chapter 44B, § 3-7 re: Community Preservation Act. AcceptedMarch 22, 2005, at Special Town Meeting and May 7, 2005, at Annual TownMeeting.

(74) General Laws Chapter 39, § 15 re: allow Moderator to call a 2/3 vote without ateller count unless seven voters object. Accepted October 5, 2005.

(75) Chapter 463 of Acts of 2004, An Act Establishing the Essex North ShoreAgricultural and Technical School District.

(76) General Laws Chapter 40, § 21D re: water resource protection to enablenoncriminal disposition of enforcement fines. Accepted May 6, 2006.

(77) General Laws Chapter 140, § 147A re: dog regulation. Accepted May 5, 2007.

(78) General Laws Chapter 216 re: water use restriction. Accepted May 3, 2008.

(79) General Laws Chapter 44, § 55C re: create Wenham Affordable Housing TrustFund. Accepted May 2, 2009.

(80) General Laws Chapter 152, § 69 re: provide workmen's compensation benefits toelected and appointed Town officials and Town employees per currentMassachusetts law standards. Accepted October 13, 2009.

(81) 780 CMR App. 120AA re: adopt Stretch Energy Code under the State BuildingCode. Accepted May 1, 2010.

(82) General Laws Chapter 41, § 110A re: designating Saturday a legal holiday forpurposes of voter registration dates. Accepted on November 8, 2011.

(83) General Laws Chapter 32B, § 20 re: establishment of an OPEB (Other Post-Employment Benefits) Trust Fund. Accepted April 7, 2012. (Note: an earlieradoption of MGL c. 40, § 5B, establishing an OPEB Stabilization Fund waspassed May 1, 2010. This adoption was rescinded on April 7, 2012, with theadoption of MGL c. 32B, § 20.)

(84) General Laws Chapter 39, § 9A re: change annual Town election date to theThursday after the Annual Town Meeting. Accepted on April 7, 2012.

(85) General Laws Chapter 44, § 53E 1/2 re: establishment of a revolving GroundMaintenance Fund. Accepted May 5, 2012 and April 6, 2013.

(86) General Laws Chapter 40, § 8C re: establishment of a Historic Commission.Accepted April 5, 2014.

(87) General Laws Chapter 40, § 22F re: fixing of fees for licenses, permits andcertificates. Accepted April 11, 2015.

(88) General Laws Chapter 40, § 57 re: collection of delinquent local taxes, fees,assessments and betterments due to the Town. Accepted April 2, 2016.

(89) General Laws Chapter 39, § 23D re: member attendance at adjudicatory hearingsfor the Planning Board, Zoning Board of Appeals, Conservation Commission andBoard of Selectmen. Accepted April 2, 2016, Art. 14.

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§ A800-1§ A800-1

(90) General Laws Chapter 59, § 5N re: reduction of property tax obligation ofveteran in exchange for volunteer services. Accepted April 2, 2016, Art. 17.

(91) General Laws Chapter 59, § 5, Clause 22G, re: rendering the spouse of a veteranor a deceased veteran with title to the veteran's domicile, eligible for anexemption. Accepted April 1, 2017, Art. 14.

(92) General Laws Chapter 60, § 3F, re: establishing a municipal veterans' assistancefund. Accepted April 23, 2018, Art. 25.

(93) General Laws Chapter 80, § 13B, re: providing a mechanism for income eligibleelderly residents to enter into deferral and recovery agreements for the paymentof assessed betterments. Accepted April 23, 2018, Art. 29.

(94) General Laws Chapter 40U re: allowing for the administration of fines as a resultof violations of any rule, regulation, order, or bylaw regulating the housing,sanitary or municipal snow and ice removal requirements of the Town. AcceptedApril 23, 2018, Art. 30.

(95) General Laws Chapter 59, § 5, Clause 41C1/2 re: senior circuit breaker taxexemption program. Accepted April 11, 2019, Annual Town Election, Question 3.On April 23, 2018 (Art. 26), the Town voted in accordance with MGL c. 59, § 5,Clause 41C1/2, to reduce the eligible age of seniors from 70 to 65 years and toincrease the amount of the exemption from 5% to 10%, provided that the statutewas accepted at the 2019 Annual Town Election.

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Chapter A801

SPECIAL ACTS AND RESOLVES

§ A801-1. Compilation of special actsand resolves pertaining toWenham, Massachusetts.

§ A801-1. Compilation of special acts and resolves pertaining to Wenham,Massachusetts.

A. The following are special acts and resolves which pertain to Wenham:

(1) Chapter 152 of the Acts of 1803: An act for the preservation and to regulate thetaking of fish called shad and alewives in the stream called Miles River inWenham, Hamilton and Ipswich in the County of Essex.

(2) Chapter 52 of the Acts of 1856: An act to protect the fisheries on the IpswichRiver in the Towns of Hamilton, Wenham, Boxford and Middleton.

(3) Chapter 157 of the Acts of 1869: An act for the restocking of Ipswich River andits tributaries with fish.

(4) Chapter 107 of the Acts of 1870: An act to legalize a certain Town Meeting inthe Town of Wenham.

(5) Chapter 75 of the Acts of 1871: An act to regulate the use of Wenham Lake forbathing and other purposes.

(6) Chapter 317 of the Acts of 1892: An act to authorize the Town of Wenham torefund its debt and issue bonds or notes therefor.

(7) Chapter 159 of the Acts of 1893: An act to incorporate the Gloucester, Essex andBeverly Street Railway Company (and to lay tracks in Wenham).

(8) Chapter 303 of the Acts of 1895: An act to supply the Town of Wenham withwater.

(9) Chapter 356 of the Acts of 1905: An act to establish a boundary line between theTowns of Hamilton and Wenham.

(10) Chapter 85 of the Resolves of 1912: Resolve to provide for investigating thematter of a water supply for certain cities and towns including Wenham.

(11) Chapter 260 of the Acts of 1916: An act to authorize the Town of Wenham tosupply itself and its inhabitants with water.

(12) Chapter 239 of the Acts of 1920: An act to extend the time within which theTown of Wenham shall begin distribution of water in that Town.

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(13) Chapter 6 of the Resolves of 1936: Resolve providing for an investigation relativeto the advisability of restricting or otherwise modifying certain rights and powersof Salem and Beverly Water Supply Board.

(14) Chapter 112 of the Acts of 1958: An act authorizing the Town of Wenham tolease a portion of a building constructed by said Town on Town-owned land tothe federal government for a post office.

(15) Chapter 490 of the Acts of 1959: An act authorizing the Town of Wenham toappoint a nonresident Chief of Police of said Town and validating certain actionalready taken by said Town in that connection.

(16) Chapter 33 of the Acts of 1961: An act providing for life tenure for theincumbent of the office of Chief of Police of the Town of Wenham.

(17) Chapter 183 of the Acts of 1967: An act designating a certain bridge in the Townof Wenham as the Wenham Veterans' Memorial Bridge.

(18) Chapter 568 of the Acts of 1971: An act validating the acquisition by theDepartment of Natural Resources of land for public access purposes in the Townof Wenham.

(19) Chapter 566 of the Acts of 1982: An act authorizing the combination of theoffices of Treasurer and Collector in the Town of Wenham into the office ofTreasurer/Collector.

(20) Chapter 184, §§ 51 and 52, of the Acts of 2002: An act regarding the provision oftax relief (increased exemptions) for seniors.

(21) Chapter 381 of the Acts of 2006: An act authorizing the Town of Wenham togrant certain licenses for the sale of all alcoholic beverages to be drunk on thepremises.

(22) Chapter 393 of the Acts of 2006: An act to exempt Maples Co-Operative fromreal estate taxes pursuant to MGL c. 44B. (Taxes will be charged directly to theunit owners.)

(23) Chapter 362 of the Acts of 2006: An act awarding certain benefits to callfirefighters in the Town of Wenham.

(24) Chapter 304 of the Acts of 2010: An act validating the acts and proceedings takenat a special Town election on December 17, 2009.

(25) Chapter 365 of the Acts of 2010: An act amending Chapter 381 of the Acts of2006.

(26) Chapter 129 of the Acts of 2012: An act relative to the granting of a liquorlicense and sale of alcoholic beverages in the Town of Wenham.

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DERIV TIONA

T BLEA

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Chapter DT

DERIVATION TABLE

§ DT-1. Derivation Table of GeneralBylaws to 2020 Code

In order to assist Code users in the transition to the new Code's organization, theDerivation Table indicates where chapters and sections of the General Bylaws have beenincluded in the 2020 Code, or the reason for exclusion.

§ DT-1. Derivation Table of General Bylaws to 2020 Code

Chapter/Title From General Bylaws Location in 2020 Code

Ch. I, Town Meetings See Ch. 5

Ch. II, Legal Affairs

Paragraphs 1 and 4 (Board of Selectmen) See Ch. 5

Paragraph 2 (holiday leave) Ch. 58, Art. I

Paragraph 3 (personnel policies) Ch. 58, Art. II

Ch. III, Finance and Advisory Committee See Ch. 5

Ch. IV, Financial Affairs Ch. 26

Ch. V, Certain Acts Prohibited

§§ 1, 3, 5, 6, 7, 11, 12 Ch. 215, Art. I

§ 2, Junk, old metals and secondhand articles Ch. 165

§ 4 (repealed 4-5-2014) –

§ 8, Firearms, hunting and trapping Ch. 144

§ 9, Soliciting and canvassing Ch. 189, Art. I

§ 10, Swimming pools Repeal pending

§ 11 (second), Police Department processingfingerprints

Repealed 4-1-2017 ATM byArt. 16; see Ch. 189, Art. II

§ 13, Unregistered vehicles Ch. 236, Art. I

§ 14, Motor vehicles, snow vehicles and recreationvehicles

Ch. 236, Art. II

§ 15, Alcoholic beverages Ch. 94

§ 16, Boating on Pleasant Pond Ch. 186

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Chapter/Title From General Bylaws Location in 2020 Code

§ 17, Civil Fingerprinting Ch. 189, Art. II

Ch. VI, Motor Vehicle Regulations Repeal pending

Ch. VII, Curfew Repeal pending

Ch. VIII, Penalties Ch. 1, Art. I

Ch. IX, Planning Board See Ch. 5

Ch. X, Board of Appeals See Ch. 5

Ch. XI, Repeal of Bylaws Passed Heretofore Omitted; readoption pending

Ch. XII, Earth Removal Bylaw Ch. 133

Ch. XIII, Smoke Detectors and Sprinkler Systems Ch. 148, Art. I

Ch. XIV, Fire and Intrusion Alarms Ch. 90

Ch. XV, Repair of Private Ways Ch. 215, Art. II

Ch. XVI, House Number Bylaw Ch. 157

Ch. XVII, Animal Control Officer Fees Ch. 100, Art. II

Ch. XVIII, Water Resources Protection Bylaw Ch. 242

Ch. XIX, Noncriminal Disposition of Certain Violations Ch. 1, Art. II

Ch. XX, Fire Lane Ch. 148, Art. II

Ch. XXI, Water Use Restriction Ch. 246

Ch. XXII, Community Preservation Act/CommunityPreservation Committee

See Ch. 5

Ch. XXIII, Animal Control Bylaw Ch. 100, Art. I

Ch. XXIV, Stormwater Management Bylaw Ch. 210

Ch. XXV, Wenham Historical Commission Ch. 155

Ch. XXVI, Grant or Renewal of License/Permit for Non-Payment of Taxes/Fees

Ch. 174

Ch. XXVII, Residency Requirement for Members ofAppointed Multiple Member Bodies

See Ch. 5

Ch. XXVIII, Revolving Funds Ch. 67

Ch. XXIX, Administration of Fines for Certain Violations Ch. 1, Art. III

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DISPOSITION

LIST

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Chapter DL

DISPOSITION LIST

§ DL-1. Disposition of legislation.

The following is a chronological listing of legislation of the Town of Wenham adoptedsince 2016, indicating its inclusion in the Code or the reason for its exclusion. [Enablinglegislation which is not general and permanent in nature is considered to be non-Codematerial (NCM).]

§ DL-1. Disposition of legislation.

Enactment Adoption Date Subject Disposition

ATM Art. 11 4-2-2016 Accept MGL c. 40, § 57;Licenses and Permits

Ch. 174; Ch. A800

ATM Art. 12 4-2-2016 Zoning Board of AppealsAmendment

See Ch. 5

ATM Art. 13 4-2-2016 Community PreservationCommittee Amendment

See Ch. 5

ATM Art. 14 4-2-2016 Accept MGL c. 39, § 23D Ch. A800

ATM Art. 15 4-2-2016 Residency Requirement forMultiple Member Bodies

See Ch. 5

ATM Art. 16 4-2-2016 Amend Senior CitizenProperty Tax Work-OffProgram under MGL c. 59,§ 5K

Ch. A800

ATM Art. 17 4-2-2016 Accept MGL c. 59, § 5N Ch. A800

ATM Art. 18 4-2-2016 Zoning Amendment Ch. 255


ATM Art. 7 4-1-2017 Revolving Funds Ch. 67

ATM Art. 13 4-1-2017 Amend Senior CitizenProperty Tax Work-OffProgram under MGL c. 59,§ 5K

Ch. A800

ATM Art. 14 4-1-2017 Accept MGL c. 59, § 5, cl.22G

Ch. A800

ATM Art. 15 4-1-2017 Licenses and PermitsAmendment

Ch. 174

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Enactment Adoption Date Subject Disposition

ATM Art. 16 4-1-2017 Civil Fingerprinting Ch. 189, Art. II

ATM Art. 18 4-1-2017 Soliciting and CanvassingAmendment

Ch. 189, Art. I

ATM Art. 9 4-7-2018 Revolving FundsAmendment

Ch. 67





ATM Art. 25 4-23-2018 Accept MGL c. 60, § 3F Ch. A800

ATM Art. 26 4-23-2018 Amend Senior CircuitBreaker Tax ExemptionProgram under MGL c. 59,§ 5, cl. 41C1/2

Ch. A800

ATM Art. 29 4-23-2018 Accept MGL c. 80, § 13B Ch. A800

ATM Art. 30 4-23-2018 Administration of Fines forCertain Violations; AcceptMGL c. 40U

Ch. 1, Art. III; Ch. A800

ATM Art. 32 4-23-2018 Administration ofGovernment Amendment

See Ch. 5

ATM Art. 11 4-6-2019 Revolving FundsAmendment

Ch. 67

ATM Art. 13 4-6-2019 Historic PreservationAmendment

Ch. 155



ATM Art. 17 4-6-2019 Penalties Amendment Ch. 1, Art. I

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INDEX

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WE3658-Final Draft Feb 2020

Documents

Transcript of WE3658-Final Draft Feb 2020