Town of SpencerZoning Bylaw

If the location of the Aquifer Protection District boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a Special Permit application to the Zoning Board of Appeals). Any application for a special permit for this purpose shall be accompanied by adequate documentation to prove the location of the boundary.

The burden of proof shall be upon the owner(s) of the land to demonstrate that the location of the District boundary with respect to a parcel(s) of land is uncertain. At the request of the owner(s), the Town may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the District with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation. Note that amendments to the boundaries of the Aquifer Protection District require Town meeting approval; this process simply allows adjustment in relation to a particular parcel.

Where the boundary line of the Aquifer Protection District divides a parcel, the requirements established by this bylaw shall apply to the entire parcel, unless in the opinion of the Zoning Board of Appeals the proposed project is designed such that the portion outside the district will have a negligible impact on the aquifer.

conservation of soil, water, plants, and wildlife;

outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;

foot, bicycle and/or horse paths, and bridges;

normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;

maintenance, repair, and enlargement of any existing structure, where said work will not increase the impact on the aquifer through direct or indirect causes (e.g. increased production in a manufacturing facility);

residential subdivision, including lots created through the ANR process, when on-site domestic sewage disposal does not exceed 110 gallons per day per 15,000 square feet of lot area;

farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Section 3.4.1.G and H;

construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels;

the following facilities that generate, treat, store, or dispose of hazardous waste that are subject to MGL c.21C and 310 CMR 30.00:

storage of liquid hazardous materials, as defined in MGL c. 21E, and/or liquid petroleum products when such storage is:

enlargement or alteration of existing uses that do not conform to the Aquifer Protection District;

any use that will render impervious any lot or parcel more than 15% or 2,500 square feet, whichever is greater. A system for groundwater recharge must be provided which does not degrade groundwater quality. For non-residential uses, recharge shall be by storm water infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all non-residential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.

those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning district (except as prohibited under Section 3.4.1.H). Such activities shall require a special permit to prevent contamination of groundwater;

residential subdivision, including lots created through the ANR process, when on-site domestic sewage disposal exceeds 110 gallons per day per 15,000 square feet of lot area;

maintenance, repair, and enlargement of any existing structure, where said work will increase the impact on the aquifer through direct or indirect causes (e.g. increased production in a manufacturing facility, increase impervious coverage over the limits set forth below, etc.);

storage of deicing chemicals when such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate (if not within such structure it is not permitted);

storage of animal manure when covered or contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate (if not within such structure it is not permitted);

storage of commercial fertilizers, as defined in MGL c.128, s.64, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate (if not within such structure it is not permitted);

earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material provided such removal does not extend to within 4 feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological

Survey, except for excavations for permitted building foundations, roads, or utility works.

landfills and open dumps as defined in 310 CMR 19.006;

automobile graveyards and junkyards, as defined in MGL c.140B, s.1;

landfills receiving only wastewater and/or septage residuals including those approved by the Department pursuant to MGL c. 21 s.26 through s.53; MGL c. 111 s.17; M.G.L. c.83, s.6 and s.7, and regulations promulgated thereunder;

facilities that generate, treat, store, or dispose of hazardous waste that are subject to MGL c.21C and 310 CMR 30.00, except for those listed in 3.4.1.F.1.i above;

petroleum, fuel oil, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas;

storage of liquid hazardous materials, as defined in MGL c. 21E, and/or liquid petroleum products unless such storage meets the requirements listed in 3.4.1.f.1.j above;

storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

discharge to the ground of non-sanitary wastewater including industrial and commercial process waste water, except for:

stockpiling and disposal of snow and ice containing deicing chemicals brought in from outside the district.

The Special Permit Granting Authority (SPGA) shall be the Zoning Board of Appeals. A special permit shall be granted if the SPGA determines, in consultation with the Health Agent, Wetland/Soil Specialist, Superintendent of Utilities & Facilities, and Fire Chief that the intent of this Aquifer Protection District section, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPGA shall document the basis for any departures from the recommendations of Town staff or other officials in its decision.

The applicant shall file seven copies of a site plan stamped by a professional engineer. The site plan shall be drawn at a scale within the range of 1”=20’ to 1”=100’, as appropriate to show the pertinent information. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent:

Upon receipt of the special permit application, the SPGA shall transmit one copy to the Health Agent, Wetland/Soil Specialist, Superintendent of Utilities & Facilities, and Fire Chief. Failure to respond to the SPGA in writing within 35 days of receipt shall indicate approval, or no desire to comment. The necessary number of copies of the application shall be furnished by the applicant.

The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, the provisions of Section 7.2 of this Zoning Bylaw, and any regulations or guidelines adopted by the SPGA.

Written notice of any violations of this Section 3.4.1 shall be given by the Zoning Enforcement Officer as provided in Section 7.6 of this Zoning Bylaw.

A copy of such notice shall be submitted to the Health Agent, Wetland/Soil Specialist, Superintendent of Utilities & Facilities, and Fire Chief. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises.

Penalties shall be levied as provided in Section 7.7 of this Zoning Bylaw.

The Floodplain District includes all special flood hazard areas within the Town of Spencer designated as Zone A and AE on the Worcester County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM dated June 21, 2023 and further defined by the Worcester County Flood Insurance Study (FIS) report dated June 21, 2023. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk and the Office of Development and Inspectional Services.

In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

Adjacent Communities

NFIP State Coordinator

NFIP Program Specialist

(reserved for future use)

Other Use Regulations

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

Forestry and nursery uses

Outdoor recreational uses, including fishing, boating, play areas, etc.

Conservation of water, plants, wildlife

Wildlife management areas, foot, bicycle, and/or horse paths

Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises

Buildings lawfully existing prior to the adoption of these provisions.

The proposed use shall comply in all respect to the provisions of the underlying District in which the land is located.

Within 10 days of the receipt of the application, the Board shall transmit one copy of the development plan to the Conservation Commission, and Board of Health. Final action shall not be taken until reports have been received from the above Boards or until 35 days have elapsed.

The Board may specify such additional requirements and conditions as it finds necessary to protect the health, safety, and welfare of the public and occupants of the proposed use.

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

NFIP Program Specialist

Federal Emergency Management Agency, Region I

The parcel or parcels must be a minimum of five acres in size, excluding wetlands, with at least 400 feet of frontage on a major arterial road;

Be accessed from a major arterial road;

Have a gross floor area ratio (FAR) of no more than 0.25; and

Provide fire hydrants, fire lanes, and such other fire preventative and firefighting aids as may be required by the Spencer Fire Chief.

The ADU is a self-contained housing unit, inclusive of sleeping, cooking, and sanitary facilities on the same lot as a principal dwelling.

The ADU may be either attached or physically separate from the principal dwelling to which it is accessory, provided that the outside appearance of the premises shall remain that of a principal dwelling with accessory use.

The ADU maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling, sufficient to meet the requirements of the state building code for safe egress.

The ADU has a gross floor area not larger than ½ of the gross floor area of the principal dwelling or 900 square feet, whichever is smaller

There will be at least one (1) but not more than two (2) parking spaces provided for the ADU.

The ADU cannot be used as a short-term rental as defined in section 1 of 64G of the Massachusetts General Laws.

The ADU shall be accessory to the principal residential use of the lot and shall comply with all dimensional requirements of the Town of Spencer Zoning Bylaw applicable to the principal use and the principal dwelling.

The ADU shall comply with all applicable federal, state, and local building and health codes and regulations and the bylaws of the Town of Spencer, including adequate provisions for water supply and sewage disposal.

In the Rural Residential district, all structures housing or sheltering such animals must comply with the minimum dimensional requirements of Article 5 of the Zoning Bylaw.

In the Suburban Residential district, all structures housing or sheltering such animals must comply with the minimum dimensional requirements of Article 5 of the Zoning Bylaw and must be located a minimum of 75 feet from any residence.

In all other districts, this use is permitted subject to the granting of a special permit by the Zoning Board of Appeals, who shall impose such conditions as are necessary to minimize nuisance conditions for any abutter.

Allowing for density bonuses and greater flexibility and creativity in the design of residential developments;

Encouraging the permanent preservation of undeveloped land for open space, agricultural use, forestry use, wildlife habitat, and the preservation of additional natural resources including aquifers, waterbodies and wetlands, as well as historical and archeological resources;

Encouraging a more efficient use of land in harmony with the existing topography and natural features;

Protecting the existing rural landscape and scenic views along roads by preserving undeveloped frontage along existing roads and encouraging development that is out of view from the roads; and

Allowing for the economical and efficient provision of infrastructure.

Location: OSRD projects are permitted by right pursuant to the provisions of this section in the Rural Residential (RR), Suburban Residential (SR), and Village Residential (VR) districts.

Permitted uses:

Minimum Size of Tract: the tract shall consist of one or more contiguous parcels and shall contain a minimum of ten (10) acres.

Number of Dwelling Units Permitted: The maximum number of dwelling units may not exceed 15% above the maximum that would be obtained under a conventional subdivision design for single-family homes, except when a density bonus is granted by the Planning Board as follows, provided that the total density shall not exceed 30% above that which could be obtained with a conventional subdivision design:

Dimensional Allowances:

Common Open Space:

Home Business — A business, profession, or trade which is conducted by a resident of the premises entirely within the residence or an accessory building, and does not involve more than occasional business vehicular traffic to the property. Examples include but are not limited to artists, desktop publishers, software developers, craftsmen, and people who work at home and conduct business by mail or electronic communication (including employees who telecommute).

Customary Home Occupation — A business, profession, or trade which is conducted by a resident of the premises entirely within the residence or an accessory building, and involves an increase in traffic for clients, patients, associates, or employees. Examples include but are not limited to lawyers, accountants, beauticians, and professional consultants (such as mental health, design, and real estate).

Home Based Contractor:

The activity must be operated by residents of the dwelling unit.

The activity must be clearly incidental and secondary to the primary use of the premises as a residence.

The activity must not change the character of the premises or surrounding neighborhood. There shall be no window displays or other features not normally associated with residential use.

Required parking must be accommodated off-street, and new parking areas must be screened from the view of abutters and from public ways (streets or pedestrian ways) utilizing plantings, fencing, and/or topography. Parking areas shall be located at the side or rear of the residence or accessory buildings.

Proof of compliance with all applicable environmental controls is required. This includes all overlay districts (floodplain district, aquifer protection district, and the Wetlands Protection Act).

The business must be conducted entirely within the residence or an accessory building.

No non-resident employees are permitted.

There shall be no exterior display, no exterior storage of materials or equipment, and no other variation from the residential character of the premises other than a sign in conformance with the Sign By-law in the Spencer General By-laws.

The business shall not generate traffic that is inconsistent with the traffic associated with a single-family residence, either in quantity or type.

Any resident wishing to establish such a business shall submit a request to the Office of Development & Inspectional Services on the form provided, for review by the Building Inspector/Zoning Enforcement Officer. If the Building Inspector determines that the proposed business meets the criteria of this category, then he shall sign the form stating that the proposed home business does not require approval under paragraphs D or E (special permit is not required).

The business must be conducted entirely within the residence or an accessory building.

Not more than two non-resident people shall be employed in the business at the site.

There shall be no exterior display, no exterior storage of materials or equipment, and no other variation from the residential character of the premises other than a sign in conformance with the Sign By-law in the Spencer General By-laws.

The business shall not necessitate more than four parking spaces for clients, patients, non-resident employees, or other business-related demands.

Large Home Based Contractors are permitted by special permit from the Zoning Board of Appeals, if in compliance with the following provisions in addition to those listed in paragraph 4.8.3.B:

Small Home Based Contractors shall be allowed as follows without need for a special permit, but must conform to the following provisions in addition to those listed in paragraph 4.8.3.B.

This bylaw has been created to:

They do not prohibit or have the effect of prohibiting the provision of personal wireless services.

They are not intended to be used to discriminate unreasonably among providers of functionally equivalent services.

They do not regulate personal wireless services on the basis of environmental effect of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC’s regulations concerning emissions.

The tower is not used or licensed for any commercial purpose.

The tower shall be removed upon loss or termination of said FCC license.

No personal wireless data transfer facility or repeater shall be considered exempt from this bylaw for any reason whether or not said facility or repeater is proposed to share a tower or other structure with such exempt uses.

Allowed use of existing facilities and structures a) wireless data transfer facility may be located by an application of a building permit on any municipal facility or structure, any building, or existing wireless telecommunication tower or pole or utility transmission tower, smokestack, steeple, water tank provided the ancillary equipment of the wireless data transfer facility may not extend higher than the highest point of the building or structure on which the facility will be installed and shall be made of such materials or painted so as to blend in appearance to the extent practicable with the building, structure or landscape upon which it is to be installed.

New facilities and structures for wireless data transfer facilities. A new wireless data transfer facility may be located in any zoning district upon the grant of a special permit from the SPGA in accordance with the criteria and provisions established under this bylaw.

An application for building permit for an allowed use facility shall be submitted to the inspector of buildings who may forward copies of such application to such other municipal officer(s) and/or board(s), if any as may be designated by the town administrator to assist in the reviewing of the application.

The application shall contain a description of any/all proposed maintenance and security for the proposed facility.

The PGA may require as a condition on the application for such wireless data transfer facility, a requirement for the posting of a bond at the value equivalent to the estimated removal cost for the removal of such facility at such time as it ceases to be a wireless data transfer facility as stipulated in General Requirements 16.11 of this Bylaw.

The application shall be approved or denied within 30 days of the receipt of the completed application. Failure to act on the completed application within 30 days of receipt constitutes denial. Any such application that is otherwise denied shall be in writing stating said reason for denial.

Proof of Need: The Applicant shall submit written statements that explain the following:

How the proposed Wireless Data Transfer Facility is designed to minimize any adverse visual or economic impacts on abutters and other Parties of Interest.

Why the proposed Wireless Data Transfer Facility cannot be located on an existing Wireless Data Transfer Facility.

Why the proposed Wireless Data Transfer Facility cannot be located at any other practicable available site that is less visible to the general public due to technical requirements, topography or other unique circumstances.

That the proposed Wireless Data Transfer Facility is not designed any larger than or higher than the minimum size and height necessary to accommodate its anticipated future use and cannot be further reduced in height due to technical requirements, topography or other unique circumstances.

How the proposed Wireless Data Transfer Facility is sited in such a manner that it is suitably screened and, to the extent possible, not visible from residential buildings or public streets within 500 feet.

That the proposed Wireless Data Transfer Facility is colored so that it will, as much as possible, blend in with its surroundings when viewed from residential buildings or public streets within 500 feet; using, if possible, different colors to blend in the facility as invisibly as possible with the landscape or buildings on the ground and the sky above the tree or building line.

How the proposed Wireless Data Transfer Facility is designed to accommodate the maximum number of users technically practical, but not less than 3 users.

That the proposed Wireless Data Transfer Facility is necessary because the owner of an existing Wireless Data Transfer Facility will not permit the Applicant to place an additional Wireless Data Transfer Facility in the same location.

That the proposed Wireless Data Transfer Facility is in compliance with applicable Federal Aviation Administration, Federal Communication Commission, the Massachusetts Aeronautics Commission, and the Massachusetts Department of Public Health, and any other Massachusetts or Federal requirement for Wireless Data Transfer Facilities and providers that from time to time may be imposed.

Compliance shall be demonstrated by submission of letters from the above named entities and by submission of a copy of the FCC license issued to Applicant for the service area that includes the Town of Spencer.

Plans shall be legibly drawn to fully detail and explain the intention of the Applicant. All plan sheets shall be drawn at a standard scale (i.e. 1 inch = 20, 40, or 50 feet) and shall include a reasonable numbering system with an appropriate title block, north arrow, and legend identifying any representative symbols used on the sheet in question. The plans shall include at least the following information as described in the Planning Boards Plan Requirements and further prescribed below, such that Each Plan Sheet shall show:

Storm drainage runoff calculations used for the drainage system design must be prepared by and display the seal of a Registered Professional Engineer and must support the sizing of all drainage structures and pipes.

These calculations must be based on a recognized standard method (usually the Rational or Soil Conservation Service Methods). The calculations must contain a written summary explaining the rationale of the design so that a lay person can understand the basic design approach and its validity for the site in question. Furthermore the calculations should be fully documented including copies of charts or other reference sources to make review possible.

The pre- and post-development runoff rates must be provided. The use of computer generated reports is acceptable, however, the source of the software should be identified. Design of the storm drainage system can generally be based on a 10-year storm event; however, the system design shall not result in a serious flood hazard during a 100-year storm.

The application may contain whatever additional information the Applicant feels is necessary to properly inform the SPGA about the development including legal opinions, copies of deeds, historical data, studies, and reports.

The SPGA is empowered to require any information in addition to that specifically required by the Bylaws of the Town of Spencer. The SPGA will require the Applicant to supply additional information if it finds such information is necessary to properly act upon the application in question.

No building or structure shall be permitted within a 200-foot radius of the tower base except for a building or structure required to operate the facility. The purpose of this condition is to protect the public in the event of tower failure or an “Act of God.”

A 70-foot by 70-foot area around the tower is to be contained by a ten-foot high fence of chain link construction with a solid bottom rail as close to natural grade as possible.

The access driveway shall be a minimum of 12 feet wide.

The access driveway shall have a gate at the entrance and be locked at all times, except when work or maintenance is being performed at the site.

The facility shall have no artificial lighting on the tower to maintain the nighttime aesthetic appearance of the area unless required by another State of Massachusetts or Federal Agency regulation.

The Applicant shall make every good faith effort consistent with business practices of the specific Applicant(s) to provide tower space to the Town of Spencer, and install for the Town of Spencer reasonable Town owned or operated public safety communication equipment that is deemed necessary to be placed on the tower to improve public safety in the Town of Spencer, and provide space for radio equipment within the building and electric and phone lines, if available. The Town of Spencer shall submit such request to the Applicant for approval, which approval shall not be unreasonably withheld.

The site shall be built to limit the ability of the layperson from climbing the tower. This is to minimize the chance of unauthorized tower ascent.

It is the responsibility of the Applicant and/or its successors in interest and/or the owner and/or its successors in interest to remove the tower, including the base, at the expense of the Applicant and/or its successors and/or the owner and/or its successors in the event that the tower is not occupied, as the Special Permit states, for 12 consecutive months.

The Applicant and/or its successors in interest and/or the owner and/or its successors in interest, agree to allow the Town of Spencer access to the property to remove the tower and to return the site to its original condition in the event the use of the tower is discontinued and the tower is not removed in accordance with General requirements 4.8.5.L.8, above.

The Applicant shall post a bond in the amount of $50,000 with the Town of Spencer, Town Administrator, to enable the Town of Spencer to remove the tower in the event that use of the tower is discontinued and the tower is not removed by the Applicant and/or its successors in interest and/or the owner and/or its successors in interest. The bond shall be for thirty years from the date that the tower begins to operate. The amount of the bond shall be adjusted annually on January 1, to account for any change in the consumer price index for Worcester, Massachusetts standard metropolitan statistical area. The purpose of the condition is to ensure that the Town will have sufficient funds available to remove the tower in the event that the tower is not removed by the Applicant and/or its successors in interest and/or the owner and/or its successors in interest.

On Application for Special Permit, or renewal of a Special Permit, all taxes must be certified as having been paid by the Town Collector.

A copy of filings with the Federal Communications Commission and Massachusetts Department of Health as required under 105 CMR 122 shall be submitted to the Planning Board and the Board of Health prior to the Applicant obtaining a building permit. These filings shall include documentation of maximum exposures from the proposed operation as per the formulas listed in the regulations under “Non-Ionizing Radiation Limits for the General Public from Non-Occupational Exposure to Electromagnetic Fields; Employees from Occupational Exposure to Electromagnetic Fields; and Exposure from Microwave Ovens.”

The SPGA may waive any of the provisions of this Bylaw upon a finding at the public hearing that such waiving of the provision is in the best interest of the public safety and welfare. The SPGA shall make public the reasons for such a finding and shall record these reasons in the minutes of the public hearing.

All equipment proposed for a wireless data transfer facility shall comply with the current FCC standards for radio frequency radiation emissions per the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation.

No hazardous waste shall be discharged on the site of any wireless data transfer facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials.

Ground mounted equipment for wireless data transfer facilities shall not generate noise in excess of 50 db at the property line. If there be any question as to the noise level being generated, the town may hire an acoustical engineer to verify the noise level at the carriers expense.

Excavation incidental to the construction of all buildings for which all permits required for construction have been issued, nor to the installation of walks, driveways, septic systems, swimming pools, or other accessory uses and expansions thereto, provided the quantity of materials removed shall not exceed that displaced by the portion of the building or accessory use below finished grade;

Excavation in the course of normal and customary agricultural use of land,

Excavation in the normal use of a cemetery,

The By-law shall not apply to excavation operations lawfully in existence at the time of the adoption of this Bylaw to the extent that such excavations are protected by M.G.L. c. 40A, § 6.

Property lines, names and addresses of all abutters and other interested parties in interest as defined by M.G.L. c. 40A, § 11;

Existing contours at two-foot intervals in the area from which materials are to be excavated and in the surrounding areas, together with the contours at two foot intervals below which no excavation shall take place;

Natural features such as wetlands, the 100-year floodplain, ground cover and any exposed groundwater. Water table elevations shall be determined by test pits and soil borings. A log of soil borings shall be included, taken to the depth of the proposed excavation, congruent with the size and geological make-up of the site. Logs shall also include dates and the range of fluctuation as compared to the nearest USGS monitoring well;

A topographical map showing drainage facilities, final grades and proposed vegetation and trees to be planted during restoration;

Erosion and sediment control plan; and,

The amount and cost of proposed restoration materials, and where the applicant intends to get them.

The health, safety and general welfare of the inhabitants of the Town;

Derogation or detriment to the neighborhood;

Effect on natural resources, including but not limited to the recharge of the water table or condition of the surface water.

Bond Required. The Board shall require as a condition to the granting of the permit that the applicant shall furnish a performance bond or other security satisfactory to the Board sufficient to insure satisfactory performance of the requirements of this Bylaw and of such other conditions as may be imposed in the permit. The security shall not be released until the surveyor or engineer has filed with the Board an "as-built" plan and has also certified that the restoration has been completed in compliance with the permit and the plans.

Every permit shall contain the condition that inspection of the operation may be made at any reasonable hours by an Agent of the Board to determine if conditions of the permit are being adhered to.

Excavation not intended for approved building purposes or any other activity or building shall not be within one hundred (100) feet of an existing public way or an adjacent property line;

Excavation not intended for approved building purposes or any other activity or building shall not be within one hundred (100) feet of a wetland as defined under M.G.L. c. 131, § 40, and the Town of Spencer Wetland Protection General Bylaw or the 100-year flood elevation of any water body, except where the appropriate regulatory agency has specifically ordered such excavation as part of a compensatory-storage plan;

No area shall be excavated so as to cause accumulation of free standing water unless the Board shall permit creation of a pond in an area not used for drinking water. Permanent drainage shall be provided in accordance with good conservation practices. Drainage shall not lead directly into streams or ponds.

No excavation shall be made at less than ten (10) feet above the annual high water table, as established from test pits and soil borings. Observation well(s) shall be monitored to verify this elevation. The Board has the right to adjust the depth of the excavation based upon well monitoring information. The information shall be shown on the topographic plan and a permanent monument shall be erected upon the property.

All top soil and subsoil stripped from operation areas shall be stock-piled, seeded with an erosion control seed mixture, and used in restoring the area.

Any shelters or buildings erected on the premises for use by personnel or storage of equipment shall be screened from public view and shall be removed from the premises within sixty (60) days after they are no longer needed for work upon that site.

The active excavation operation shall be determined by the Board but, in no instance, shall it exceed a total of five (5) acres at any one time and one (1) acre if within or adjacent to an area of protected by the Natural Heritage Endangered Species Program. Natural vegetation shall be left and maintained on undisturbed land for screening and noise reduction purposes.

Trucking routes and methods shall be specified by the Board which shall seek the advice of the Chief of Police with regard thereto.

All access roads leading to public ways shall be treated with suitable material to reduce dust and mud for a distance of 200 feet back from the public way.

Access roads shall be constructed at an angle to the public way or with a curve so as to help screen the operation from public view.

Standard Massachusetts accepted road signs warning of "Trucks Entering" shall be placed on the road on each side of the entrance.

The boundaries of the area of operation must be clearly marked by the applicant and maintained at all times.

Operators shall immediately clean up any spillage on public ways.

Restoration shall be carried on simultaneously with excavation, so that when any active excavation operation area, as determined in Section 4.8.6.F.9, has been excavated, at least two/thirds (2/3) of the active excavation operation acreage shall be restored before work commences, including building haul roads, on the next contiguous active excavation operation. Final restoration work shall be complete within 120 days after excavation or withdrawal of a permit or upon cessation of operations.

No slope shall be steeper than 2:1 (4:1 is preferred for erosion control and shall be required in sensitive areas).

All debris, stumps, etc. shall be removed from the site and disposed of in an approved location or, in the case of inorganic material, buried and covered with at least two (2) feet of soil.

Retained subsoil and topsoil shall be spread over the disturbed area at a minimum of 4 inches in depth and seeded for slope erosion control. Topsoil may be imported to comply with this requirement. Trees or shrubs of prescribed species shall be planted to provide screening and reduce erosion during the establishment period.

Unless the permit conditions expressly require alteration of drainage patterns, the land shall be left so that the natural storm drainage shall leave the property at the original natural drainage points; and so that the total discharge at peak flow, and the area of drainage to any one point, is not increased, and so that the hydrography of any post development stream is the same as that of the pre-development stream.

All equipment, buildings and structures shall be removed from the area covered by the permit within sixty (60) days after earth removal ceases, pursuant to the permit.

Setbacks. Wind monitoring or meteorological towers shall comply with the building setback requirements of the zoning district in which they are located. Additionally, wind monitoring or meteorological towers shall be set back a distance of at least 1.5 times the overall height of the tower from the nearest property line. Any supporting structure including guy wires shall not be located closer to any property line or street line than the distance equal to the minimum building setback required for the zoning district in which the tower is located.

Time limit. A Wind monitoring or meteorological towers is deemed a temporary structure therefore a building permit for a wind monitoring or meteorological tower shall be limited to eighteen months after construction has commenced. One-year extensions may be granted by the Inspector of Buildings.

Setbacks. Small scale wind energy conversion devices shall comply with the building setback requirements of the zoning district in which they are located. Additionally, small scale wind energy conversion devices shall be set back a distance of at least 1.5 times the overall height of the device from the nearest property line. Any supporting structure including guy wires shall not be located closer to any property line or street line than the distance equal to the minimum building setback required for the zoning district in which the facility is located.

Height. No small scale wind energy conversion device shall be higher than 65 feet.

Number. The number of small scale wind energy conversion towers on any parcel shall not exceed two (2).

Lighting. There shall be no lighting affixed to a small scale wind energy conversion device.

Aesthetics. The small scale wind energy conversion device shall be painted a non-reflective color that blends with its surroundings.

Signage and advertising. Signs on the small scale wind energy conversion facility shall comply with §6.5, Signage, of the Spencer Zoning Bylaws, and shall be limited to:

Noise. The small scale wind energy conversion device and associated equipment shall comply with the provisions of the Massachusetts Department of Environmental Protection’s (“DEP”) Division of Air Quality Noise Regulations (310 CMR 7.10).

Connection to the power grid. Approval of a wind-energy device neither permits nor denies access to the power grid.

Unauthorized access. Small scale wind energy conversion devices and other parts of the facility shall be designed to prevent unauthorized access.

Special permit. Large scale wind energy conversion devices, where permissible under Section 4.2, Use Table, shall be subject to the special permit requirements set forth below and must be operated in compliance with said requirements and any further requirements which the Planning Board may impose upon the special permit, and in a manner that minimizes any adverse visual, safety, and environmental impacts.

The Planning Board shall act as the special permit granting authority for all applications under this Section. No special permit shall be granted unless the Planning Board finds in writing that:

General Siting Standards.

Design Standards.

Safety, Aesthetic and Environmental Standards.

Abandonment or Decommissioning.

Term of Special Permit. Unless abandoned earlier, a special permit issued for a large scale wind energy conversion facility shall automatically expire after 20 years, unless extended or renewed by the Planning Board upon a finding that there has been satisfactory operation of the facility in accordance with the requirements of the special permit and this Section. An application for renewal or extension must be submitted at least 180 days prior to expiration of the special permit. Submission of such an application shall allow for continued operation of the facility until the Planning Board acts. Upon final expiration of the special permit (including extensions and renewals), the wind facility shall be deemed abandoned and shall be removed as required by this Section.

Application Process and Requirements.

RMDs may be permitted in the Commercial (C) and Industrial (I) districts by-right with Site Plan Review.

RMDs may not be located within 500 feet of the following:

The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses identified in Section C.2. to the nearest point of the proposed RMD’s primary structure (i.e., the primary structure related to a proposed RMD must be 500 feet from the property line of a protected use).

The distance requirement may be reduced to no less than 300 feet by special permit, but only if:

Application: In addition to the materials required under Section 7.4 (Site Plan Review) all applications for RMDs shall include:

Copies of the application shall be referred to other Town Departments in accordance with Section 7.4.3.B. In addition, a copy shall be referred to the Police Department.

Hours of Operation, including dispatch of home deliveries.

The permit holder shall file a copy of any Incident Report required under 105 CMR 725.110(F) with the Zoning Enforcement Officer and the SPGA within 24 hours of creation by the RMD. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.

The permit holder shall file a copy of any summary cease and desist order, cease and desist order, quarantine order, summary suspension order, order limiting sales, notice of a hearing, or final action issued by DPH or the Division of Administrative Law Appeals, as applicable, regarding the RMD with the Zoning Enforcement Officer and SPGA within 48 hours of receipt by the RMD.

The permit holder shall provide to the Zoning Enforcement Officer and Chief of the Police Department, the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.

The permit shall lapse within five (5) years of its issuance. If the permit holder wishes to renew the permit, an application to renew the permit must be submitted at least 120 days prior to the expiration of the permit.

The permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the RMD.

The permit shall lapse upon the expiration or termination of the applicant’s registration by DPH.

The permit holder shall notify the Zoning Enforcement Officer and Planning Board in writing within 48 hours of the cessation of operation of the RMD or the expiration or termination of the permit holder’s registration with DPH.

The construction and operation of all Photovoltaic Generating Installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a Photovoltaic Generating Installation shall be constructed in accordance with the Massachusetts State Building Code.

Photovoltaic Generating Installations shall not be constructed, installed or modified as provided in this section without first obtaining a building permit and paying any required fees.

Noise generated by Photovoltaic Generating Installations and associated equipment and machinery shall conform to applicable state and local noise regulations, including the DEP's Division of Air Quality noise regulations, 310 CMR 7.10. A source of sound will be considered in violation of said regulations if the source:

A properly completed and executed application form and application fee.

Any requested Waivers.

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any.

Name, contact information and signature of any agents representing the project proponent.

Name, address, and contact information for proposed system installer and subject matter expert.

Documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar electric installation.

Proposed Hours of Operation

Route by which construction materials and equipment will be delivered to site.

Blueprints or drawings of the solar electric installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures.

Utility Notification - evidence that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar electric installation owner or operator's intent to install an interconnected facility and acknowledges receipt of such notification. A copy of an Interconnection Application filed with the utility including a one or three line electrical diagram detailing the solar electric installation, associated components, and electrical interconnection methods, with all Massachusetts Electrical Code (527 CMR § 12.00) compliant disconnects and overcurrent devices. Off-grid systems shall be exempt from this requirement.

Documentation of the major system components to be used, including the electric generating components, transmission systems, mounting system, inverter, etc. If the proposed system is located in Aquifer Protection District, documentation must include information on elements of the system that use materials that are in any way either hazardous or toxic.

Documentation by an acoustical engineer of the noise levels projected to be generated by the installation.

Operation & Maintenance Plan for the operation and maintenance of the Photovoltaic Generating Installation, which shall include measures for maintaining safe access to the installation, storm water and vegetation controls, and general procedures for operational maintenance of the installation.

Abandonment & Decommissioning Plan - Any Photovoltaic Generating Installation which has reached the end of its useful life or has been abandoned (i.e. when it fails to operate for more than one year without the written consent of the Planning Board) shall be removed. The owner or operator shall physically remove the installation within 150 days of abandonment or the proposed date of decommissioning. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. The Abandonment & Decommissioning Plan shall include a detailed description of how all of the following will be addressed:

Ownership Changes – If the Applicant, Owner, Manger or Operator of the Large-Scale Ground-Mounted Solar Photovoltaic Installation changes or the owner of The property changes, the site plan approval shall remain in effect provided that the successor Owner or Operator assumes in writing all of the obligations of the Site Plan Approval, Operation and Maintenance Plan, and Decommissioning Plan. A new Owner or Operator of the Large-Scale Ground-Mounted Solar Photovoltaic Installation shall notify the Planning Board and local emergency personnel of such change in ownership or Operator within [30] days of the ownership change. Together with such notification, the new owner or operator shall provide good evidence that it is the principal for or has otherwise provided and is responsible for the required decommissioning security.

Proof of liability insurance

A Site Plan with stamp and signature of Professional Engineer licensed to practice in Massachusetts that prepared the plans including;

Ownership Changes- If the Applicant, Owner, Manager, or Operator of the Ground-Mounted Solar Photovoltaic Generating Installation changes or the owner of the property changes, the site plan approval shall remain in effect provided that the successor Owner or Operator assumes in writing all of the obligations of the Site Plan Approval, Operation and Maintenance Plan, and Decommissioning Plan. A new Owner or Operator of the Ground-Mounted Solar Photovoltaic Installation shall notify the Planning Board and local emergency personnel of such change in ownership or Operator within (30) days of the ownership change. Together with such notification, the new owner or operator shall provide good evidence that it is the principal for or has otherwise provided and is responsible for the required decommissioning security.

Minimum Dimensional and Setback Requirements For Solar Electric Generating Facilities Appurtenant Structures (including but not limited to, equipment shelters, storage facilities, transformers, fencing, parking and substations):

All appurtenant structures to Solar Electric Generating Facilities shall be architecturally compatible with each other. Whenever reasonable, structures should be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

Visual Impact Mitigation – The visual impact of the solar installation and all appurtenant structures shall be mitigated to the maximum extent feasible. All appurtenant structures shall be architecturally compatible with each other and joined or clustered. Structures shall be shielded from view to avoid adverse visual impacts as deemed necessary by the Planning Board, utilizing methods such as landscaping, natural fences and opaque fencing.

In natural (undeveloped) areas, existing vegetation shall be preserved to the maximum extent possible. In developed areas, the design of the installation shall consider and incorporate human-designed landscape features to the greatest extent, including contextual landscaping and landscaping amenities that compliment the physical features of the site and abutting properties. All structures shall be shielded from view by a substantial sight-impervious vegetative screen. As deemed necessary by the Planning Board, the depth of the vegetative screen shall be 30 feet and shall be composed of native or naturalized trees and shrubs staggered for height and density. The landscaping shall be properly maintained and replaced as necessary by the owner/operator of the solar energy system. A diversity of plant species shall be used, with a mix of deciduous and evergreen varieties. The use of pollinator species is encouraged. In the absence of on-site irrigation, a water truck or water bags shall be used for the first three growing seasons to assure plant survival.

Vegetative screening shall reach a mature form to effectively screen the installation within five years of installation. The mature height of the vegetative screen shall be such that the installation’s structures are not apparent to a person upon any public road and viewing the installation from a height of 10 feet. This determination will be at the discretion of the Planning Board and/or Building Inspector.

Planting of the vegetative screening shall be completed prior to final approval of the photovoltaic installation by the Building Inspector.

Lighting - Lighting of Solar Electric Generating Facilities shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Lighting of the Photovoltaic Generating Installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

Signage - Solar Electric Generating Facilities shall not be used for displaying any advertising signage except for reasonable identification of the manufacturer or operator of the solar electric installation. Signs on Solar Electric Generating Facilities shall comply with Spencer's sign bylaw. A sign consistent with Spencer's sign bylaw shall be required to identify the owner, operator and interconnected utility and provide a 24-hour emergency contact phone number.

Utility Connections - Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the Photovoltaic Generating Installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Roads - Access roads shall be constructed to minimize grading, removal of stone walls or trees and minimize impacts to environmental or historic resources.

Vegetation Management - Herbicides, pesticides, or chemical fertilizers shall not be used to manage vegetation at the Photovoltaic Generating Installation. Mowing, grazing or using geotextile materials underneath the solar array are possible alternatives. In the Aquifer Protection District, low growing grasses are optimal. Other grasses must be regularly mowed or grazed so as to minimize the amount and height of "fuel" available in case of fire.

All land associated with the ground-mounted solar installation shall be covered and grown in natural vegetation. All ground surface areas beneath solar arrays and setback areas shall be pervious to maximize on-site infiltration of stormwater. Impervious paving of areas beneath solar arrays is prohibited. To the greatest extent possible, a diversity of plant species shall be used, with preference given to species that are native to New England. Use of plants identified by the most recent copy of the “Massachusetts Prohibited Plant List” maintained by the Massachusetts Department of Agricultural Resources is prohibited. Herbicides shall be applied only by properly licensed personnel in conformance with all applicable state regulations.

Hazardous Materials - If hazardous materials are utilized within the solar electric equipment then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of ground water are required. Hazardous materials stored, used, or generated on site shall not exceed the amount for a Very Small Quantity Generator of Hazardous Waste as defined by the DEP pursuant to Mass DEP regulations 310 CMR 30.000 and shall meet all requirements of the DEP including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outdoor environment.

Impact on Agricultural and Environmentally Sensitive Land - The Photovoltaic Generating Installation shall be designed to minimize impacts to agricultural and environmentally sensitive land and to be compatible with continued agricultural use of the land whenever possible. No more than 50-percent of the total land area proposed for the solar electric field may be occupied by the solar panels, with the remainder of the land remaining as undeveloped open space left in its natural state.

Stormwater and Erosion Control. - The design shall minimize the use of concrete and other impervious materials to the greatest extent possible, to minimize erosion and transport of sediment, and prevent contamination of surface water and groundwater from operations on the premises involving the use, storage, handling, or containment of hazardous substances. A permit in accordance with the Spencer Erosion and Sediment Control for Stormwater Management shall be required and shall run concurrent with the approval process under this section, in accordance with the Spencer Stormwater Regulations.

Projects shall be designed to:

Emergency Services - The Photovoltaic Generating Installation’s owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the Photovoltaic Generating Installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

Land Clearing, Soil Erosion and Habitat Impacts - Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the Photovoltaic Generating Installation or otherwise prescribed by applicable laws, regulations, and bylaws. Such installations shall not occur on any slopes greater than 15% in order to minimize erosion. No more than 50% of the land parcel utilized for Solar Electric Generating Facilities shall contain land requiring clearing of forest.

No topsoil shall be removed from the land parcel under consideration for Solar Electric Generating Facilities. If earthworks operations are required, topsoil shall be stockpiled within the property bounds and protected against erosion until such time earthwork operations are completed and topsoil can be re-spread over parcel. Earthworks shall be planned to limit export of soil material (non-topsoil) to 1000 cubic yards per acre affected by installation. A detailed earthworks estimate is a required submittal component proving this quantity is maintained.

Battery Energy Storage System (BESS): Applicant-Developer shall submit plans for proposed on-site BESS’s for review by the Spencer Fire Department and by such consultants as deemed necessary by the Planning Board, at the expense of the applicant. Plans shall include but not be limited to storage unit specifications, battery type, battery storage configuration, and fire extinguishing system. Battery Energy Storage Systems shall meet the additional requirements set forth by Section 4.8.10 of this bylaw.

Requirements for Agrivoltaics’ Structures.

No LSGMSPGI over five acres in size shall be located on land that is categorized as Prime Farmland or Farmland of Statewide Importance (in accordance with Natural Resources Conservation Service, USDA mapping and criteria) and is being actively farmed or has been actively farmed in the last five years, except unless the landowner or LSGMSPGI developer or applicant can demonstrate to the Planning Board that it has analyzed the financial and technical feasibility of Agrivoltaics and has found that an Agrivoltaic installation is not financially or technically feasible on the property. In order to make such a demonstration, the landowner, LSGMSPGI developer or applicant shall engage the services of a professional in Agrivoltaics such as a soil scientist, an agronomist, or other credentialled professional to demonstrate that an Agrivoltaics installation is not financially or technically feasible on the property in question. In such case, the solar array shall leave space for future farming activity.

For all land that is Prime Farmland or Farmland of Statewide Importance, regardless of current use or size of the array, soil shall be managed and conserved, so that the land remains suitable for future farming activities.

For Agrivoltaic structures, a farm plan shall be prepared by a qualified agricultural expert that is deemed acceptable by the Planning Board. This plan shall adequately demonstrate the feasibility of an agricultural operation within the area of the solar array infrastructure including the use of and access necessary to provide water, labor, and equipment necessary to facilitate such dual use system.

The following soil management requirements, design, and reporting requirements shall apply to all Agrivoltaic installations installed on Prime Farmland and Farmland of Statewide Importance, which is being actively farmed or has been actively farmed in the last five years.

No concrete or asphalt shall be used under the solar arrays, except under battery storage units or other necessary electrical equipment pads; this shall not apply to access roads, which may be constructed using asphalt or gravel, to the extent required to create stable access roads;

Conduct a second soil health analysis by a qualified soil scientist, as described above, after construction is complete, to ensure that soil quality has not been degraded and that soils have not been unduly compacted. If soil quality has been degraded or if soils have been unduly compacted, making the soils unsuitable for future agricultural operations, applicant shall submit a plan to the Special Permit Granting Authority to correct the damage. A bond may be required.

Building-integrated Battery Energy Storage Systems

Co-located Battery Energy Storage Systems

Battery Energy Storage systems not co-located with on-site solar generation shall be permitted in all zoning districts, by special permit and site plan review from the Planning Board. Battery Energy Storage Systems not co-located with on-site solar generation are prohibited in the Aquifer Protection Overlay District.

Applicant-Developer shall submit plans for proposed on-site battery storage unit(s) for review by the Spencer Fire Department and by such consultants as deemed necessary by the Planning Board, at the expense of the applicant. Plans shall include but not be limited to storage unit specifications, battery type, battery storage configuration, and fire extinguishing system.

In accordance with Section C above, all Tier 2, Tier 3 and Tier 4 battery energy storage systems shall require a special permit and site plan approval by the Planning Board prior to construction, installation, or modification as provided in this bylaw.

The construction, operation, and decommissioning of all battery storage energy storage systems shall be consistent with all applicable local, state, and federal requirements, including but not limited to all applicable environmental, safety, construction, fire, and electrical requirements.

A building permit and an electrical permit shall be required for installation of all battery energy storage systems.

In addition to requirements of Section 7.2 Special Permits and Section 7.4 Site Plan Review, the application for a special permit under this Section 4.8.10 shall include the following:

In addition to the standards for Special Permit and Site Plan Review in the Zoning Bylaw, the applicant shall adhere to the following standards and provide such information on the site plan:

System Certification. Battery energy storage systems and equipment shall be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage systems and Equipment) or approved equivalent, with subcomponents meeting each of the following standards as applicable:

The Planning Board may approve an application if the Board finds that the system complies with the Site Plan Review and Approval criteria and with the conditions for granting Special Permits. Battery energy storage systems shall also satisfy the following additional criteria:

As part of the applicant’s submission to the Board, the applicant shall submit a decommissioning plan, to be implemented upon abandonment or in conjunction with removal from property. The plan shall include:

Decommissioning Fund. The owner and/or operator of the energy storage system, shall continuously maintain for the life of the facility a fund or bond payable to the Town, in form and an amount to be determined by the SPGA, securing removal of the battery energy storage system. All costs of the financial security shall be borne by the applicant. The amount shall include a mechanism for calculating increased removal costs due to inflation.

An inspection of the completed decommissioned area shall be reviewed by a consultant hired by the Planning Board before approving the decommissioning work in accordance with the Decommissioning Plan. The owner and/or operator shall pay for the cost of this review with such payment being provided by the owner and/or operator prior to the consultant undertaking said review, in accordance with MGL Chapter 44, Section 53G.

A nonconforming single-family or noncon-forming two-family structure may be extended or altered provided any such extension or alteration does not increase or intensify the nonconformity, e.g. an addition that does not encroach setbacks, provided building coverage or other nonconforming conditions are not exceeded.

A nonconforming single-family or noncom-forming two-family structure may be extended or altered such that the noncon-formity is increased or intensified, but no more than the e xisting nonconformity, upon issuance of a special permit by the Zoning Board of Appeals, provided the Board makes a finding that such extension or alteration is not substantially more detrimental to the neighborhood than the existing nonconforming structure, e.g. an addition that encroaches setbacks to the same or a lesser degree than the existing nonconformity, and further provided that with respect to the creation, alteration, or extension of an Accessory Dwelling Unit, the finding shall not require the issuance of a special permit.

A nonconforming single-family or noncom-forming two-family structure may be extended or altered such that the noncomformity is increased or intensified to a greater degree than the existing nonconformity only upon issuance of a variance from the Zoning Board of Appeals, and provided the Board makes a finding that such extension or alteration is not substantially more detrimental to the neighborhood than the existing nonconforming structure, e.g. an addition that encroaches setbacks to a greater degree than the existing nonconformity.

A nonconforming multi-family residential and/or non-residential structure may be extended or altered such that the nonconformity is not increased or intensified upon issuance of a special permit by the Zoning Board of Appeals, provided the Board makes a finding that such extension or alteration is not substantially more detrimental to the neighborhood than the existing nonconforming structure, e.g. an addition that does not encroach setbacks.

A nonconforming multi-family residential and/or non-residential structure may be extended or altered such that the nonconformity is increased or intensified upon issuance of a variance by the Zoning Board of Appeals, provided the Board makes a finding that such extension or alteration is not substantially more detrimental to the neighborhood than the existing nonconforming structure, e.g. an addition that encroaches setbacks to any degree, whether more or less than an existing encroachment.

The non-conforming nature of the repaired or reconstructed structure is not increased in any respect;

The repaired or reconstructed structure shall be used in the same manner as the structure being replaced or otherwise used in compliance with the use limitations of the applicable zoning district; and

A building permit for the repair or reconstruction shall be issued within two years from the date of the damage or destruction. Time incurred in resolving an appeal or other court action or insurance claim shall not be counted as part of the two year limit.

In the RR, SR, and LR districts, 20’ front and 15’ side and rear (where abutting residential use).

In the VR district, 10’ front and 10’ side and rear (where abutting residential use).

In the TC district, 5’ front and none required on the side and rear.

In the C and I districts, 20’ front and 10’ side and rear (where abutting residential use).

24 feet for parking lots designed with 90 degree stalls (perpendicular parking); or

16 feet for parking lots designed with angled parking with 60 degree stalls; or

12 feet for parking lots designed with angled parking with 45 degree stalls.

For parking lots designed with angle parking differing from those stated above, the aisle width shall be the same as that for the next higher angle design.

provide safe and reasonable access for emergency vehicles

be consistent with the purposes of this section

not have a detrimental impact on public safety.

the applicant can show that there is something unique about the property that would otherwise render flow to and from the property unsafe and unmanageable, and

more than one curb cut is necessary for traffic safety purposes, and

it is necessary to achieve, and does not conflict with, the Design Standards of this section.

it will be consistent with the purposes of this section

it will not have a detrimental impact on public safety.

For Commercial, Industrial, Institutional, Civic and Multi-Family Uses Common Driveways are permitted by-right subject to Site Plan Review issued by the Planning Board.

For single-family dwellings, common driveways are allowed by Special Permit issued by the Planning Board provided:

a site plan, developed by and carrying the seal of a certified professional engineer or a registered land surveyor, showing the layout for the common driveway, drainage, typical construction cross sections, profiles and meeting all of the design specifications required under this section.

easements, covenant and agreements, suitable for recording at the Registry of Deeds, for the subject lots containing restrictions including but not limited to:

an easement plan suitable for recording at the Registry of Deeds.

all deed easements, easement plans, restrictions, covenants and agreements must be submitted to and approved by the Planning Board prior to their recording and prior to the issuance of a common driveway special permit.

All requirements of the Spencer General Bylaws - Section 4. Driveways, Curb Cuts and Drainage shall apply. The following standards in this section shall supersede those of the General Bylaw in cases where they conflict.

Shall be of suitable construction, grade, length and location, in the opinion of the Planning Board, for the access and turnaround of cars, trucks, ambulances, fire, and police which will be utilizing such driveway.

Each lot must have adequate approved legal frontage on an existing public way. Frontage requirements for each lot shall be along a town, county, state or approved subdivision road. Frontage along the length of private/common access driveways shall in no way be used to satisfy frontage requirements as specified in this section.

It shall access from the same public way that serves as the frontage for the lots being serviced by the common driveway, unless unique circumstances presented to the Planning Board are such that the Board may grant permission to access the common driveway from another public way.

It shall provide the only vehicular access to the lots being serviced by it, and shall be so stated in the lot deeds.

An easement with a minimum width of 24 feet shall be created and recorded along with the deeds for the lots to assure maintenance, drainage, snow removal, snow storage, rubbish collection, and the like, and liability for the common driveway shall remain the responsibility of the private parties, or their successors-in-interest, in perpetuity. A copy of the draft maintenance agreement shall be submitted with the application.

The minimum width for the durable surface shall be 12 feet and maximum width shall be 15 feet, with a 3 foot wide gravel shoulder on at least one side.

The minimum centerline radius shall be 45 feet.

The maximum length permitted shall be 2,000 feet.

Passing turnouts, providing a total width of at least 20 feet along a distance of at least 25 feet, spaced with no more than 300 feet between turnouts, and with the first such passing turnout at the driveway connection to the street, shall be provided.

A minimum side setback of 25 feet from any property not served by the proposed driveway.

No connection to any other way except the one from which it originates.

House numbers identifying all of the homes utilizing the common driveway shall be placed at its intersection with the town road and at each subsequent turnoff from the common driveway sufficient for identification by emergency vehicles.

Signs shall relate to the premises on which they are located unless they are legally conforming off-premises signs as defined by this bylaw.

Temporary Signs

Off-premise Signs. In any district, the Zoning Board of Appeals may allow by special permit off-premise sign(s) for a business provided that the sign(s) complies with the following conditions: