Section 35 Environmental Controls
Section 35. Environmental Controls
35.1 Disturbances. No use shall be allowed if it will cause sound, noise, vibration, odor, or flashing (except for warning devices, temporary construction work, assemblies of people, or other special circumstances) perceptible without instruments more than four hundred (400) feet from the boundaries of the originating premises in an Industrial I District, or if more than two hundred (200) feet from the boundaries of the originating premises if in an Industrial II or Business district. The Building Inspector may require applicants to provide evidence of probable compliance, either through engineering analysis or example of a comparable facility. Issuance of a permit on the basis of that evidence shall certify the Town's acceptance of the conformity of the
basic structure and equipment, but future changes in equipment or operating procedures must be such as to also comply with these standards. (By-laws of 9-30-74, Art. 8(V); By-laws of 10-7-86, Art. 3)
35.2 Water Body Protection
35.21 Other provisions notwithstanding, no building or parking area shall be located within fifty horizontal feet of the normal bank of any stream or river having a year-round running flow of water, or of any lake or pond with surface of one thousand square feet or more of water eleven months of the year. (By-laws of 5-27-75, Art. 85)
35.22 The peak flood channel of any year-round stream or river shall not be reduced by filling.
35.23 No person shall remove, fill, dredge, or build upon any bank, marsh, swamp or flat borders on inland waters without a Special Permit from the Special Permit granting authority. Such permit shall be issued only upon determination that the requirements of the Wetlands Protection Act (Chapter 131, Sec. 40, MGL) have been satisfied, and that such removal, filling, dredging, or construction will not pose hazard to health or safety. (By-laws of 4-1-78, Art. 40; By-laws of 4-5-80, Art. 75)
35.3 Pollution Control. All requirements of Article XI of the sanitary code of the department of public health and all regulations of the Central Massachusetts Air Pollution Control District shall be strictly complied with by all uses, and evidence of compliance shall be required when issuing permits.
35.4 Screening. Open storage and loading or service areas shall be screened from any adjacent residence or public way by plantings or fences. Junk, trash, or debris shall be confined out of sight or disposed of.
35.5 Hazard. No use shall be allowed which would create hazard due to explosion, fire, or other causes. Potentially hazardous conditions shall be fenced, covered, or removed to prevent injury.
35.6 Vegetation Removal. No area of an acre or larger shall have existing vegetation clear-stripped or be filled six (6) inches or more such as to destroy existing vegetation unless in conjunction with agricultural activity, or unless under a currently valid building permit, or unless within streets designated on an approved subdivision plan; or unless a special permit is approved by the special permit granting authority, on condition that runoff will be controlled, erosion avoided, and either a constructed surface or natural vegetation will be provided within a reasonable period, for the assurance of which a bond may be required. (By-laws of 3-17-73; By-laws of 4-5-80, Art. 75)
35.7 Fences. No fence, wall, or hedge shall exceed six (6) feet in height, and no fence shall exceed thirty (30) inches in height within any required front yard area or within twenty (20) feet of the street, whichever is the lesser requirement, except that the special permit granting authority may grant a Special Permit for higher fences in cases where such will not endanger health or safety, or unreasonably impair vision or circulation of air. (By-laws of 5-27-75, Art. 82; By-laws of 4-5-80, Art. 75)
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