ARTICLE 25. Submitted by
Petition
To see if the Town will vote to petition the State Legislature to enact the following Recall Procedure;
or take any other action relative thereto.
AN ACT PROVIDING FOR RECALL ELECTIONS IN THE TOWN OF NORFOLK.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same, as follows:
SECTION 1. Any holder of an elected office in the Town of Norfolk may be recalled therefrom by
the qualified voters of said town as provided in this act for any of the following reasons: lack of
fitness; neglect of duties; corruption; misfeasance or violation of oath. Exercising discretion in
voting or acting on matters before such office holder shall not constitute a reason for recall.
SECTION 2. Any 200 registered voters of the Town of Norfolk may file with the Town Clerk an
affidavit containing the name of the officer sought to be recalled and a statement of the grounds
for such recall. At least 66 names of registered voters shall be from each of the voting precincts
into which said town is divided. Upon certification of the required signatures, said Clerk shall
thereupon deliver to the first named voter on the affidavit copies of petition blanks addressed to
the board of selectmen demanding such recall, copies of which printed forms he shall keep
available. Said blanks shall be issued by said Clerk with his signature and official seal attached
thereto. They shall be dated, shall contain the names of all persons to whom they are issued, the
name of the person whose recall is sought and the grounds of recall as stated in the affidavit and
shall demand the election of a successor to such office. A copy of the petition shall be entered in
a record book to be kept in the office of said Clerk. The recall petition shall be returned and filed
with said Clerk within 30 days after the filing of the affidavit and shall have been signed by at least
25 per cent of the registered voters of the town as of the date such affidavit was filed with said
Clerk. To every signature shall be added the place of residence of the signer, giving the street and
number, if any. Said Clerk shall, within 72 hours of receipt thereof, submit the petition to the
registrars of voters in the town, and said registrars shall forthwith certify thereon the number of
signatures which are names of registered voters of the town.
SECTION 3. If the petition shall be found and certified by the Town Clerk to be sufficient, he shall
submit the same with his certificate to the board of selectmen without delay and said board shall
forthwith give written notice of the receipt of the certificate to the officer sought to be recalled. If
such officer does not resign within five days thereafter, said board shall order an election to be held
on a date fixed by them not less than 65 nor more than 90 days after the date of said Clerk's
certificate that a sufficient petition has been filed; provided, however, that if any other town election
is scheduled to occur within 120 days after the date of the certificate, said board shall postpone
the holding of the recall election to the date of such other election. If a vacancy occurs in said office
after a recall election has been ordered, the election shall nevertheless proceed as provided in this
section.
SECTION 4. Any officer sought to be removed may be a candidate to succeed himself and, unless
he requests otherwise in writing, the Town Clerk shall place his name on the ballot without
nomination. The nomination of other candidates, the publication of the warrant for the recall
election and the conduct of the same shall all be in accordance with the provisions of law relating
to elections, unless otherwise provided in this act.
SECTION 5. The incumbent shall continue to perform the duties of his office until the recall election.
If he is not recalled, he shall continue in office for the remainder of his unexpired term, subject to
recall as before, except as provided in section 7. If he is recalled, he shall be deemed removed
upon the qualifications of his successor, who shall hold office during the unexpired term. If the
successor fails to qualify within five days after receiving notification of his election, the incumbent
shall thereupon be deemed removed and the office vacant.
SECTION 6. Ballots used in a recall election shall submit the following propositions in the order
indicated:
For the recall of (name of officer)
Against the recall of (name of officer)
Immediately at the right of each proposition there shall be a square in which the voter, by making
a cross mark (x), may vote for either of said propositions. Under the proposition shall appear the
word "Candidates" and the directions to voters required by section 42 of chapter 54 of the General
Laws and, beneath this, the names of candidates nominated as herein before provided. If two-thirds of the votes cast upon the question of recall is in the affirmative, then the candidate receiving
the highest number of votes shall be declared elected. If more than one-third of the votes cast on
the question is in the negative, then the ballots for candidates need not be counted. If fewer than
25 per cent of the registered voters of the town participate in the election, no votes need be
counted and the election shall be deemed to have determined that the incumbent should not be
recalled.
SECTION 7. No recall petition shall be filed against an officer within six months after he takes
office, nor the last six months of his term, nor in the case of an officer subjected to a recall election
and not recalled thereby, until at least six months after the election at which his recall was submitted
to the voters of the town has elapsed.
SECTION 8. No person who has been recalled from an office or who has resigned from office
while recall proceedings were pending against him shall be appointed to any town office within two
years after such recall or resignation.
SECTION 9. This act shall take effect upon its passage.
ARTICLE 26. Submitted by Board of
Selectmen
To see if the Town will vote to raise and appropriate, transfer from any available source of funds
a sum of money to pay unpaid bills of a prior year pursuant to Massachusetts General Laws
Chapter 44, Section 64; or take any other action relative thereto.
ARTICLE 27. Submitted by Board of
Selectmen
To see if the Town will vote to raise and appropriate, transfer from any available source of funds
a sum of money to be added to departmental budgets and appropriations for the fiscal year ending
on June 30, 2001; or take any other action relative thereto.
ARTICLE 28. Submitted by Board of
Selectmen
To see if the Town will vote pursuant to Massachusetts General Laws, Chapter 44, Section 53E
1/2, to authorize the use of a revolving fund for the purpose of paying expenses related to the
collection of parking ticket violations; said fund to be credited with receipts collected not to exceed
$1,000 in fiscal year 2002, under the direction of the Board of Selectmen; or take any other action
relative thereto.
ARTICLE 29. Submitted by Highway
Superintendent
To see if the Town will vote to accept and authorize the Board of Selectmen to enter into contracts
for the expenditure of Chapter 90 funds allocated by the Commonwealth for the construction,
reconstruction, or improvements of public and other improvements within the Town, as requested
by the Selectmen, and to authorize the Treasurer to borrow or bond, pursuant to any applicable
statute in anticipation of reimbursement; or take any other action relative thereto.
ARTICLE 30. Submitted by Highway
Superintendent
To see if the Town will vote to authorize the Board of Selectmen to release or acquire by gift,
purchase, or otherwise, such easement as may be necessary for drainage purposes and the laying
out of public ways, and to raise and appropriate, or transfer from any available source of funds, a
sum of money for said purpose; or take any other action relative thereto.
ARTICLE 31. Submitted by Water
Commissioners
To see if the Town will vote to accept all State and Federal Grants and reimbursements for the
Water Department which do not require matching funds from the Town or any representative or
agency thereof, and will not obligate or encumber any resident of the Town of Norfolk without a town
meeting; or take any other action relative thereto.
ARTICLE 32. Submitted by Water
Commissioners
To see if the Town will vote to authorize the use of a revolving fund, pursuant to Massachusetts
General Laws, Chapter 44, Section 53E 1/2 for the purpose of a Department of Environmental
Protection Cross Connection Control Program, said revolving fund shall be credited with receipts
from Inspection Services under the authority and direction of the Board of Water Commissioners,
such expenditures not to exceed $5,000 and to see what sum of money the Town will appropriate
from available funds to establish the revolving fund; or take any other action relative thereto.
ARTICLE 33. Submitted by Highway
Superintendent
To see if the Town will vote to raise and appropriate, transfer from any available source of funds,
or borrow or bond pursuant to any applicable statute sums of money necessary to complete work
associated with the installation of underground utilities and provided utility companies to repay the
Town for the cost of such work pursuant to Massachusetts General Laws, Chapter 166, Section
22E, or special legislation enacted at the request of the Town under Article 14 of the 1998 Fall
Town Meeting; or take any other action relative thereto.
ARTICLE 34. Submitted by Highway
Superintendent
To see if the Town will vote pursuant to Massachusetts General Laws, Chapter 44, Section 53E
1/2, to authorize the use of a revolving fund for the purpose of paying the expenses of snow removal
including maintenance and replacement of equipment, from private property to include the King
Philip Regional School and subdivision roads as required by the Planning Board rules and
regulations; said fund to be credited with receipt of fees charged for this service under the authority
and direction of the Board of Selectmen, such expenditures not to exceed $20,000.00 in fiscal year
2002; or take any other action relative thereto.
ARTICLE 35. Submitted by Highway
Superintendent
To see if the Town will vote pursuant to Massachusetts General Laws, Chapter 44, Section 53E
1/2, to authorize the use of a revolving fund for the purpose of paying the expenses of Recreational
Field Maintenance, including materials, replacement and rental of equipment and contract labor;
said fund to be credited with receipt of fees charged for this service under the authority and
direction of the Recreation Commission, such expenditures not to exceed $50,000.00 in fiscal year
2002; or take any other action relative thereto.
ARTICLE 36. Submitted by Highway
Superintendent
To see if the Town will vote to authorize the Board of Selectmen to accept grant funds from the
Massachusetts Technology Park Corporation in accordance with Massachusetts General Laws
Chapter 40J, Section 4E and to apply or transfer such grant funds to offset fees incurred with the
SEMASS Partnership; or take any other action relative thereto.
ARTICLE 37. Submitted by Conservation
Commission
To see if the Town will vote to authorize the Conservation Management Revolving Fund pursuant
to Massachusetts General Laws, Chapter 44, Section 53E 1/2, from which to receive and disburse
funds to develop and oversee management activities and projects on town-owned conservation
land, in an amount not to exceed $5000 during fiscal year 2002; or take any other action relative
thereto.
ARTICLE 38. Submitted by Conservation
Commission
To see if the Town will vote to authorize the Conservation Commission Revolving Fund pursuant
to Massachusetts General Laws, Chapter 44, Section 53E 1/2, from which to receive and disburse
wetland hearing application fees for payment of legal advertisement for said hearing, in an amount
not to exceed $5000 during fiscal year 2002; or take any other action relative thereto.
ARTICLE 39. Submitted by Planning
Board
To see if the Town will vote to re-authorize, pursuant to Massachusetts General Laws, Chapter 44,
Section 53E 1/2, a Planning Board Revolving Fund for receipt of subdivision performance
inspection fees, as they may be established by the Planning Board, with the authorization of the
Planning Board to expend funds in the account for services related to the inspection and approval
of subdivisions, such payments not to exceed $40,000 in the aggregate during fiscal year 2002;
or take any other action relative thereto.
ARTICLE 40. Submitted by Planning
Board
To see if the Town will vote to re-authorize, pursuant to Massachusetts General Laws, Chapter 44,
Section 53E 1/2, a Planning Board Revolving Fund for receipt of mitigation funds, required by the
Planning Board under the Shade Tree Act and Scenic Roads Act, with the authorization to the
Planning Board to expend funds in the account for the purchase and planting of replacement trees,
such payments not to exceed $40,000 in the aggregate during fiscal year 2002; or take any other
action relative thereto.
ARTICLE 41. Submitted by Planning
Board
To see if the Town will vote to re-authorize, pursuant to Massachusetts General Laws, Chapter 44,
Section 53E 1/2, a Planning Board Revolving Fund for receipt of mitigation funds, required by the
Planning Board, relative to off-site improvements required due to the approval of subdivisions and
site plans, with the authorization to the Planning Board to expend funds in the account for such off-site improvements, such payments not to exceed $500,000 in the aggregate during fiscal year
2002; or take any other action relative thereto.
ARTICLE 42. Submitted by Planning
Board
To see if the Town will vote to re-authorize, pursuant to Massachusetts General Laws, Chapter 44,
Section 53E 1/2, a Planning Board Revolving Fund for receipt of funds required by the Planning
Board relative to the cleaning and maintenance of unaccepted subdivision roadways and drainage
structures as may be required by the Planning Board for subdivision approvals, such payments not
to exceed $50,000 in the aggregate during fiscal year 2002; or take any other action relative
thereto.
ARTICLE 43. Submitted by Planning
Board
To see if the Town will vote to authorize the Board of Selectmen to accept any monies received
through grants applied for by various Town Departments/Boards; or take any other action relative
thereto.
ARTICLE 44. Submitted by Planning
Board
To see if the Town will vote to reaffirm its vote under Article 25 of the Town Meeting of October 28,
2000 to accept as a gift of land, or take by eminent domain pursuant to Massachusetts General
Laws Chapter 79, and further to accept as a public way, Cress Brook Road, a distance of 492.15
+/- feet from Medway Street to the end of the cul-de-sac, together with the utility, sight line,
sidewalk, future through-roadway, tree planting and drainage easements as laid out by the Board
of Selectmen in accordance with the revised acceptance plans consisting of two sheets (Plan and
Profile sheet which is dated April 15, 1999 with revisions dated February 15, 2000, June 23, 2000,
October 19, 2000, and December 7, 2000, and Easement Plan sheet dated June 23, 2000,
revised September 8, 2000, October 19, 2000, and December 7, 2000) drawn by Commonwealth
Engineers and Consultants, Inc. of Providence, Rhode Island; the last revisions having been made,
and which are hereby accepted, for the purpose of correcting errors in the plan referenced in the
Town's previous acceptance vote; or take any other action relative thereto.
ARTICLE 45. Submitted by Planning
Board
To see if the Town will vote to amend the Norfolk Zoning Bylaws by revising Section F.13.Wireless
Communications by adding a new Section F.13.d. and renumbering subsequent sections. The
new Section F.13.d. will read as follows:
F.13.d Wireless Communication Facilities, by Special Permit from the Zoning Board of
Appeals, may be considered an accessory use to a main use in Wireless Communications
Overlay Districts 1,2 and 3.
or take any other action relative thereto.
ARTICLE 46. Submitted by Planning
Board
To see if the Town will vote to amend the Norfolk Zoning Bylaws by amending Section l.4.a.14.
Redevelopment by deleting the last sentence of the second paragraph which currently reads: "The
Zoning Enforcement Officer may determine that the requirements of l.4.a.8. (Underground Utilities)
be waived.", by substituting a new second sentence and adding a new third sentence so that the
second paragraph will now read as follows:
"The REDEVELOPMENT special permit applies specifically, but may not be limited to the
following portions of Section l, B1 District: l.4.a.4; l.4.a.5; l.4.a.6; l.4.a.7; l.4.a.8; l.4.a.15; and
l4.b in its entirety. During the Site Plan Approval process, the Planning Board may
determine that the requirements of Section l.4.a.14, (Underground Utilities) may be waived."
In those circumstances where Site Plan Approval is not required, the Zoning Enforcement
Officer may make that determination."
or take any other action relative thereto.
ARTICLE 47. Submitted by Planning
Board
To see if the Town will vote to amend the Norfolk Zoning bylaws by amending Section J.4.a.10. by
adding at the end of the first paragraph the following two sentences:
"During the Site Plan Approval process, the Planning Board may determine whether the
requirements of Section J.4.a.10. (Underground Utilities) may be waived. In those circumstances
where Site Plan Approval is not required, the Zoning Enforcement Officer may make that
determination."
or take any other action relative thereto.
ARTICLE 48. Submitted by Property
Owner
To see if the Town will vote to amend the Norfolk zoning map entitled "Zoning Map, Norfolk,
Massachusetts", dated October 23, 2000 as most recently amended to replace the HMPO zoning
district with the C6 zoning district; change the zoning of assessors map 26, parcel 15 from R-3 to
C-6 and change the zoning of the parcel identified as the New York/New Haven and Hartford
Railroad as shown on assessor's map 26 from the Norfolk/Walpole Town line to Hill Street from
R-3 & C-1 to C-6.
To see if the Town will vote to adopt a new zoning map which was prepared by Judith Nitsch
Engineering, Inc. and is dated April 16, 2001, and to revise Section C.2.a. of the zoning bylaws,
by deleting the current section and replacing it with a new section to read as follows:
"C.2.a. Said districts are located and bounded as shown on a map entitled "Zoning Map, Norfolk
Massachusetts", dated April 16, 2001 as most recently amended and on file in the office of the
Town Clerk. The Zoning Map, with all explanatory matter thereon, is hereby made part of this
bylaw."
(The proposed new zoning map is available for public inspection in the office of the Town Clerk and
Planning Board office.)
or take any other action relative thereto.
ARTICLE 49. Submitted by Property
Owner
To see if the Town will vote to amend the Norfolk Zoning Bylaw to create the following new Section
L, C-6 Residential/Commercial Use District (Route 1A, Dedham Street) and to amend Sections
C.1, D.1.e.2, D.1.e.3, D.2, E.1.b, F.7.b, F.7.e, F.9.b, F.12.c.1, F.13, H.1.b, H.1.c.2 & H.1.c.6 as
follows:
L.1. Purpose
The Master Plan of the Town of Norfolk has identified the goal of promoting development which can
enhance the fiscal stability of the town and provide additional opportunities for employment and
services as further described in Parts A and B of the Master Plan. In order to implement these
goals, the Town establishes this section for the C-6 Residential/Commercial Use District.
L.2. Local Standards
Section L shall supersede the following sections of the Zoning Bylaw: Section D.1.e. Buffer/Green
Belt/Landscaping Requirements in Non-Residential Districts, D.2. (Use Regulation), E.1.b.
(Schedule of Dimensional Requirements), E.1.c. (LOT Width, FRONTAGE, Setback Line), E.1.d.
(YARD Requirements), E.1.e. (BUILD FACTOR), E.2. (Modifications) except E.2.e. (Visual Corner
Clearance), F.4.a. (Alteration and Enlargement), and F.5. (ACCESSORY BUILDINGS) except
F.5.e. (MOBILE HOMES). All other sections of the Zoning Bylaw, except where otherwise
specifically stated herein, shall apply within the C-6 Residential/Commercial District.
L.3. District Boundaries
The C-6 District has as its non-road boundaries the Norfolk/Walpole Town Line at its eastern limit
and the southeastern property line of assessors map 26, parcel 15 along with the southeastern
property line of the New York/New Haven/Hartford Railroad at its' southeastern limit. The district
boundaries are more specifically shown on the Norfolk Zoning Map as most recently amended.
L.4. Lot and Yard Requirements and Standards
L.4.a. General C-6 District Requirements:
L.4.a.1. PLANNED MULTI-LOT DEVELOPMENT. PLANNED MULTI-LOT DEVELOPMENT
("PMLD") is the development of not less than 80,000 square feet of land into a formally associated
group of LOTS or BUILDING sites as part of a common scheme by Special Permit by the Planning
Board so that such LOTS or BUILDING sites need not be self-sustaining and adequate common
provisions are made for parking, drainage, septic disposal and other infrastructure needs of the
LOTS, BUILDINGS or STRUCTURES so accommodated.
L.4.a.1.A. Membership in a Property Owners Association shall be mandatory for all property
owners within a PMLD and shall be made a required covenant in all deeds issued or passed for
property in a PMLD.
L.4.a.1.B. The APPLICANT shall prepare Property Owners Association documents for the Property
Owners Association(s). The Property Owners Association documents shall require the association
to accept title to any Common Property in the PMLD and that all Common Property shall be
deeded by the APPLICANT to the Property Owners Association. The Property Owners
Association documents shall further provide that every Owner in a PMLD shall be jointly and
severally liable for the ongoing maintenance, operation and upkeep of all Common Property, and
that the Town shall have the right, but not the obligation, to enforce these responsibilities against
any Owner.
L.4.a.1.C. The Property Owners Association documents for a PMLD shall provide voting and use
rights, shall provide the Property Owners Association with the authority to acquire a lien upon the
property of any of its members in order to secure collection of any amounts due to the Property
Owners Association from its members, and may also provide for the charge of dues, levies, or
assessments to cover expenses which include, but are not limited to, tax liabilities, maintenance
and municipal or State assessments.
L.4.a.1.D. For the purposes of these subsections, "Common Property" shall mean all land areas
used in common for septic, drainage, parking or other land uses. In addition, Common Property
shall include, without limitation, such personal property as pumps, pump chambers, piping, valves,
manholes, culverts, asphalt and other paving materials, and septic tanks as may be used by two
or more units or BUILDINGS in a PMLD. Common Property may also include similar personal
property such as septic tanks even if not used by more than one unit if such personal property is
to be maintained as a part of the common scheme for the PMLD.
L.4.a.2. Complex sites with mixed and residential uses. Where a single site is proposed to
have age-restricted residential and/or nonresidential uses, a comprehensive plan must be
approved by the Planning Board. This engineered plan must indicate the total circulation concept
for both vehicles and pedestrians, the types of uses proposed to be adjacent to the residential uses
and the buffer locations between the residential and non-residential uses. The plan must also
include a comprehensive design concept that addresses architectural details; the location of
buildings in relation to the access road, general open space, local open space adjacent to
buildings, pathways/sidewalks, and any non-residential or common recreation or assembly
facilities; and streetscape issues such as streetlights, street trees, sidewalks and landscaping.
L.4.a.3. Phased Development. APPLICANTS shall be allowed to plan, plat and create proposed
LOTS or BUILDING sites in anticipation of a known Planned Multi-Lot Development or other
proposal which will furnish needed infrastructure for a particular property provided the Town is
given surety or other binding assurance, in a form acceptable to the Planning Board, that will insure
that no construction occurs without the necessary infrastructure.
L.4.a.4. Town Water. All new water connections for domestic supply or fire protection shall be
connected to the Town water system. [Connection to the Town water system is not required unless
the lot upon which the building or development is proposed is located on a public way or dedicated
easement that permits a connection to the Town's water system. The public way which fronts such
a lot or easement must contain a municipal water main into which such a connection may be
made.]
L.4.a.5. Location of Drives and Streets. Major street or site entrances shall not be located within
250 feet of each other. Sites whose uses will generate a single daily peak traffic volumes of 150
vehicles or more must provide a second emergency accessway onto the site. Such access may
be for emergency vehicles only and need not be a functioning roadway other than maintained for
emergency vehicle usability.
L.4.a.6. Street Trees. Other than as needed for drives and entrances, a 30 foot wide grass strip
adjacent and parallel to the FRONTAGE of any LOT On Highway shall be landscaped with high
canopy trees in accordance with the Town's subdivision regulations and low-lying plants which will
not obstruct sight distances from entry drives. All LOTS or building sites Off Highway shall be
landscaped with a 20 foot landscaped area and with STREET trees as required by the Town's
subdivision regulations.
On Highway shall be defined to be a LOT or site with FRONTAGE on a public way or STREET.
Off Highway shall be defined to be a private access road that is not a public way or street.
L.4.a.7. Building Height. Buildings shall not be more than 45 feet in height.
L.4.a.8. Building Scale. No BUILDING FOOTPRINT, other than Offices, shall exceed 50,000
square feet except by Special Permit by the Zoning Board of Appeals.
L.4.a.9. Utilities. All utilities shall be located underground. All utility outlets, service entrances,
transformers and utility services shall generally be centrally clustered in a neat and orderly fashion
and shall be located to the rear of BUILDINGS or if at a non-rear location shall be screened from
view.
L.4.a.10 Street Lights. The applicant shall be responsible for furnishing and erecting street lights
at locations approved by the Planning Board. Street light fixtures and standards shall conform to
fixtures and standards as most recently installed in the Town of Norfolk at the time of application.
In the alternative, such fixtures and standards may be as approved by the Planning Board as part
of a comprehensive plan submitted under L.4.a.2.
L.4.b. Lot and Building Requirements and Standards
L.4.b.1. General Requirements
L.4.b.1.A. No Commercial BUILDING, STRUCTURE, use, PARKING AREA, driveway, vehicle
circulation area or other vehicle access way shall be located within 50 feet of a residentially
occupied BUILDING'S property or LOT line or within 50 feet of a Residential District.
L.4.b.1.B. Any use, except those listed in Section D.1.c. (public, religious, educational, etc.) of this
zoning bylaw, FARMER'S MARKETS, Open Space, Village Greens and Squares, shall have a
BUILDING with a minimum FOOTPRINT of 1,000 square feet.
L.4.b.1.C. A green belt shall be provided on any commercially used LOT that abuts a Residential
District or a LOT with a residentially occupied BUILDING. A green belt shall be provided on any
LOT having an ASSISTED LIVING FACILITY. Such green belt shall:
L.4.b.1.C.1. Be located on the LOT along the shared property line.
L.4.b.1.C.2. Have a minimum depth from the shared property line of 50 feet.
L.4.b.1.C.3. Be used for no purpose other than planting and/or sidewalks.
L.4.b.1.C.4. Constitute a screen of evergreen trees and/or shrubs not more than 15 feet apart
planted in two or more staggered rows. The distance between each row shall not be more than
10 feet. Plants shall be no less than 6 feet in height at the time of planting and shall be continuously
maintained.
In those circumstances where an effective screen of existing plantings already provides an
appropriate buffer, the Planning Board has the discretion, during the Site Plan Approval process,
to waive strict compliance with Section L.4.b.1.D., provided that the intent of Section L.4.b.1.D. is
met. If such a waiver is granted, the Planning Board shall, in its Site Plan Approval, require that the
green belt be maintained and replanted where necessary to provide an effective screen throughout
the life of the site and the STRUCTURE.
L.4.b.1.D. All YARD setbacks are to be measured from the LOT lines.
L.4.b.1.E. Landscaping Requirements: For each foot of FRONTAGE and each linear foot of
private access road, the LOT shall contain 40 square feet of landscaping. This requirement shall
not be conditioned to require landscaping of more than 20% of the LOT. In those circumstances
where an effective screen of existing plantings already provides an appropriate buffer, the Planning
Board has the discretion, during the Site Plan Approval process, to waive strict compliance with
Section L.4.b.1.C., provided that the intent of Section L.4.b.1.C. is met. If such a waiver is granted,
the Planning Board shall, in its Site Plan Approval, require that the green belt be maintained and
replanted where necessary to provide an effective screen throughout the life of the site and the
STRUCTURE.
L.4.b.2. Highway Oriented Buildings (along Route 1A and Dedham Street)
Lots and Yard Requirements and Standards for On Highway Oriented Buildings
Planned Multi-Lot Commercial
Development
Commercial
Planned Multi-Lot
Residential
Development
Residential
Minimum front
YARD setback
50 feet
50 feet
50 feet
50 feet
Minimum LOT
size
8,000 square
feet
30,000 square
feet
8,000 square
feet
30,000 square
feet
Maximum LOT
COVERAGE
70 percent
60 percent
60 percent
60 percent
Minimum side
YARD setbacks
0 feet*
25 feet
0 feet*
25 feet
Minimum LOT
FRONTAGE
40 feet
75 feet
40 feet
150 feet
Minimum rear
YARD setback
(from lot line)
10 feet
25 feet
50 feet
50 feet
*Except end buildings which shall have the SIDEYARD setbacks for commercial or residential
development.
L.4.b.3. Non-Highway Oriented Buildings and Standards for Off Highway Oriented Buildings
Lots and Yard Requirements and Standards for Off Highway Oriented Buildings
Planned Multi-Lot Commercial
Development
Commercial
Planned Multi-Lot
Residential
Development
Residential
Minimum front
YARD setback
15 feet
40 feet
50 feet
50 feet
Minimum LOT
size
8,000 square
feet
30,000 square
feet
8,000 square
feet
30,000 square
feet
Maximum LOT
COVERAGE
80 percent
60 percent
60 percent
60 percent
Minimum side
YARD setbacks
0 feet*
25 feet
0 feet*
25 feet
Minimum LOT
FRONTAGE
40 feet
100 feet
40 feet
150 feet
Minimum rear
YARD setback
(from lot line)
10 feet
25 feet
50 feet
50 feet
*Except end buildings which shall have the SIDEYARD setbacks for commercial or residential
development.
L.4.b.4. Residential Buildings and AGE RESTRICTIVE HOUSING
(A) Location: AGE RESTRICTED HOUSING shall be configured pursuant to the
requirements of section L.7.a. ASSISTED LIVING FACILITIES shall be defined with a
property/site limit (boundary).
(B) Landscape Requirements: For each foot of FRONTAGE and each linear foot of private
access road, the LOT shall contain 40 square feet of landscaping. This requirement shall
not be conditioned to require landscaping of more than 20% of the LOT.
(C) Road and Circulation Requirements. AGE RESTRICTED HOUSING shall have a
through access road providing two points of access to those residential buildings from a
public way. Such access road shall comply with the Planning Board Rules and Regulations
for a residential STREET. Dwellings configured on a cul de sac must comply with the
Planning Board Rules and Regulations for subdivision road/drive layout and this road/drive
must connect directly to the through road.
(D) Building Height: AGE RESTRICTED HOUSING units shall not exceed two and one half
(2 1/2) Stories and shall not exceed a height of 35 feet. ASSISTED LIVING FACILITIES
shall not exceed three (3) stories and shall not exceed a height of 45 feet.
(E) AGE RESTRICTED HOUSING developments with 50 or more units shall include a
common building or interior space to serve as place of assembly and recreation for
residents of the development and their guests.
L.5. Sign Regulations
All signs and advertising devices within the C-6 Residential/Commercial District shall be subject
to Section F.9. Sign Regulations of the Zoning Bylaws.
L.6. Parking Requirements
The requirements of Section F.7., Parking, of these zoning bylaw are modified by the following
subsections. In the event of a conflict between Section F.7. and any of the following subsections,
the following subsections shall control.
L.6.a. Shared Parking. Where the APPLICANT demonstrates to the Planning Board through the
Site Plan Approval process that parking spaces on the same side of the STREET within the C-6
District can be utilized by more than one use located within 450 feet, such that vehicles occupying
a particular number of spaces are unlikely to require the use of those spaces at the same time of
day or the same day of the week, the immediate construction of up to 30% of a parking area may
be postponed, provided: (i) adequate land area is reserved for additional parking should it be
needed in the future, (ii) the area reserved for future parking is shown on the site plan, (iii) no
BUILDING or STRUCTURE may be placed in any area reserved for future parking, (iv) surety or
other means of performance assurance in a form and amount acceptable to the Planning Board
is given to the Town to ensure that such additional parking area (including drainage and
landscaping) will be constructed if needed, and (v) as a condition of postponing such construction,
the Planning Board shall review the adequacy of the parking area every three years after
endorsement of the site plan, or more frequently upon request of the Zoning Enforcement Officer,
and certify that the number of parking spaces provided continues to be sufficient having regard for
the actual uses of the site. The Planning Board shall be the determining authority regarding the
future need of such parking.
L.6.b. Attribution of Parking. Parking spaces may be considered as a part of the requisite
parking allocated to a particular LOT or use, if those spaces are entirely on that LOT or the use of
the spaces has been assured by assignment through easement or other legal guaranty on another
lot.
L.6.c. Linked Parking. PARKING AREAS of adjacent LOTS shall have reasonable and
convenient off-STREET vehicular connections. Where adjacent property has not been developed,
provision shall be made for future off-STREET connections with adjacent properties; "reserved"
strips of land or other measures which preclude or are designed to prevent such off-STREET
connections shall not be permitted.
L.6.d. Residential Parking Requirements. ASSISTED LIVING FACILITY parking shall have one
off street parking space per two residential units adjacent to the building plus one space per each
four units provided within the shared or attributed parking provisions of the C-6 District. AGE
RESTRICTED HOUSING shall have a minimum of two off street spaces per unit.
L.7. Allowed and Special Permit Allowed Regulated Uses in the C-6 District
No BUILDING, STRUCTURE or land in the C-6 District shall be used for any purpose or in any
manner other than as set forth in this section. Any use not specifically enumerated herein shall be
deemed prohibited.
All residential uses herein permitted shall be subject to Section F.11 Site Plan Approval and
Section F.12 Design Review.
L.7.a. Allowed Uses
AGRICULTURAL, GREENHOUSE, Retail Nursery;
ADULT DAY CARE;
AGE RESTRICTED DWELLINGS shall not exceed two bedrooms per dwelling unit and shall not
exceed a ratio
of three units per acre on a single lot or an entire PMLD with the following Permitted Dwelling
Configurations: (1) Detached one Family dwelling; (2) Attached one-family dwellings in a Town
house style building not exceeding six; (6) Dwellings units per building and not exceeding two and
one half stories in height.];
ANIMAL HOSPITAL AND CLINIC;
Banks;
Community Gardens;
Dance or Gymnastics School;
Day Care, Family Home;
Exercise/aerobics studio;
Facility for Physical Therapy, Rehabilitation, Health Club, Sports Medicine;
General office where clients or customers are seen, met or dealt with or without
appointment; business offices existing other than ancillary to a permitted use;
INDOOR COMMERCIAL RECREATION (operated for profit);
Meeting Rooms or Buildings accessory to AGE RESTRICTED HOUSING;
Municipal, County, State or Federal;
Off-street parking of vehicles as provided for in Section F.7.;
OUTDOOR COMMERCIAL RECREATION operated for profit.
Professional office where patients and clients are seen, such as the office of a physician,
psychiatrist, physiotherapist, speech therapist, or other licensed health professionals
occupied by practitioners not resident on the premises;
RESTAURANT permitting the take out of prepared food as an accessory use to a
RESTAURANT use and occurring only from within the RESTAURANT facility;
Retail Stores or establishments offering primarily retail services;
ROADSIDE STAND selling produce the major part of which is raised on the premises;
Signs as provided for in Section F.8.;
Variety Store.
L.7.b. Special Permit Uses by the Zoning Board of Appeals
ASSISTED LIVING FACILITIES not exceeding a density of 16 bedrooms per acre for single lot or
an
entire PMLD with Adult Day Care (drop-in center) as an ancillary use and Meeting Rooms
or
Buildings accessory to ASSISTED LIVING FACILITIES;
Dry Cleaning Establishments;
Garaging of commercial vehicles ancillary to an allowed or special permit use;
Licensed INN;
Small wastewater treatment facilities as regulated by the Town Board of Health to serve allowed
or special permit uses within the C6 district;
Telecommunications consisting of WIRELESS COMMUNICATIONS FACILITIES limited to the
Wireless Communications Overlay District 3 as provided for in Section F.13.
WIRELESS COMMUNICATIONS FACILITY Equipment Building limited to the Wireless
Communications Overlay District 3 as provided for in Section F.13.
L.7.c. Prohibited Uses in the C-6 District except as expressly exempt from restriction by Statute.
Aviation Field;
ADULT BUSINESS;
Class 3 Operations or Sales;
COMMERCIAL COMPOSTING;
DRY CLEANING OR POWER LAUNDRY;
Massage Parlors;
Power Generating Plant Generating More than 1500 Kilowatts of Electricity;
Foundation or Cellar Hole for Residence;
Hazardous Waste Treatment Facility;
Noncommercial Riding Stable;
Nonprofit General Acute Care Hospital;
OUTDOOR BUSINESS;
Outdoor Commercial Vehicle Storage;
SCRAP YARDS;
Truck Terminal or Motor Freight Station.
By amending Section C.1.a. by striking "Health Maintenance and Professional Office" and "HM
& PO" and inserting in place thereof "Commercial-6" "C-6" so that the Types of Districts will
read as follows:
C.1. Types of Districts
C.1.a. For the purposes of this bylaw, the Town of Norfolk is hereby divided into the
following use districts:
Residence R-1
Residence R-2
Residence R-3
Business-1 B-1
Business-2 through Business-4 B-2/B-4
Commercial-1 C-1
Commercial-2 through Commercial-5 C-2/C-5
Commercial-6 C-6
By amending Section D.1.e.2 by deleting "HM & PO" as it appears therein so that D.1.e.2. will read
as follows:
D.1.e.2. In the B2-B4 Districts, no BUILDING or STRUCTURE shall be located less than
50 feet from a Residential District. In the C2, C3 and C5 Districts, no BUILDING or
STRUCTURE shall be located less than 150 feet from a Residential District. In the B2-B4,
C2, C3 and C5 Districts, no use (including PARKING AREAS, driveways, vehicle circulation
areas or other vehicle access ways) shall be located less than 50 feet from a Residential
District.
By amending Section D.1.e.3 by deleting "HM & PO"as it appears therein so that D.1.e.3. will read
as follows:
D.1.e.3. In the B2-B4 Districts, a green belt shall be provided on any LOT that abuts a
Residential District should any use on said LOT (including any BUILDINGS, STRUCTURES,
driveways, PARKING AREAS, vehicle circulation areas or other vehicle access ways) be
located less than 100 feet from the Residential District. In the C2, C3 and C5 Districts, a
green belt shall be provided on any LOT that abuts a Residential District. Such green belt
shall:
D.1.e.3.a. Be located on the non-residential LOT along the shared property line.
D.1.e.3.b. Have a minimum depth from the shared property line of 30 feet.
D.1.e.3.c. Be used for no purpose other than planting and/or sidewalks.
D.1.e.3.d. Constitute a screen of evergreen trees and/or shrubs not more than 15
feet apart planted in two or more staggered rows. The distance between each row
shall not be more than 10 feet. Plants shall be no less than 6 feet in height at the
time of planting and shall be continuously maintained.
In those circumstances where an effective screen of existing plantings already provides an
appropriate buffer, the Planning Board has the discretion, during the Site Plan Approval
process, to waive strict compliance with Section D.1.e.3., provided that the intent of Section
D.1.e.3. is met. If such a waiver is granted, the Planning Board shall, in its Site Plan
Approval, require that the green belt be maintained and replanted where necessary to
provide an effective screen throughout the life of the site and the STRUCTURE.
By amending Section D.2. SCHEDULE OF USE REGULATIONS by deleting the column entitled
"HM & PO" and replacing it with a column entitled "C-6****" with no uses noted; and by adding at
the end of Section D.2. a notation with **** and the phrase "See Section L". Section D.2 shall then
read as follows:
D.2. SCHEDULE OF USE REGULATIONS
DISTRICTS
R
B1
*
B2-
B4
C1
**
C2/
C3/C5
C4
***
C6
****
D.2.a. Public and Semi-Public Uses
D.2.a.1. Religious
Yes
Yes
Yes
D.2.a.2. Municipal, County, State or Federal
SP
Yes
Yes
D.2.a.3. Public Educational
Yes
Yes
Yes
D.2.a.4. Cemetery
SP
SP
SP
D.2.a.5. Private Club not conducted for profit
SP
Yes
SP
D.2.a.6. Non-profit general acute care hospital
including facilities for the evaluation and
treatment of acutely ill alcoholic or drug
dependent patients and for persons suffering
from mental illness who do not appear to be
dangerous to others at the time of admission in
the opinion of the attending physician
No
SP
No
D.2.a.7. Other hospitals, convalescent home,
sanitarium, camp
No
SP
No
D.2.a.8. Day care nursery
SP
SP
No
D.2.a.9. NURSING HOME, HOSPICE,
RESPITE FACILITY, life care center,
PHYSICAL THERAPY AND REHABILITATION
FACILITY, HEALTH CLUB, SPORTS
MEDICINE FACILITY, ASSISTED LIVING
FACILITY
No
SP
No
D.2.a.10. Facility for the evaluation, treatment
and counseling of persons suffering from
alcoholism, drug dependence or mental illness
who do not require general hospital admission
No
No
No
D.2.a.11. Schools of nursing, laboratory
technician skills, physiotherapy with dormitory
facilities ancillary thereto
No
No
No
D.2.a.12. Office or meeting room of a non-profit service organization
No
Yes
No
D.2.b.1. Telephone exchange, transformer station,
transmission lines, substation, pumping station,
or other public utility
SP
SP
SP
D.2.b.3.Aviation field
No
No
No
R
B1
*
B2-
B4
C1
**
C2/
C3/
C5
C4
***
C6
****
D2.b.4. Power generating plant generating more
than 1500 kilowatts of electricity
No
No
No
D.2.b.5. WIRELESS COMMUNICATIONS
FACILITY limited to Wireless Communications
Overlay District 1 and Wireless
Communications Overlay District 3 and as
provided in Section F.13.
SP
SP
No
D.2.c. Residential Uses
D.2.c.1. SINGLE FAMILY DWELLING
Yes
SP
No
D.2.c.2. Conversion of a SINGLE FAMILY
DWELLING, in existence at the time of bylaw
adoption, to a two FAMILY DWELLING
SP
SP
No
D.2.c.3 HOME OCCUPATION
Yes
Yes
Yes
D.2.c.4. The use of a portion of a DWELLING
or a BUILDING accessory thereto by a resident
builder, carpenter, painter, plumber, or other
artisan, or by a resident tree surgeon or
landscape gardener for incidental work and
storage in connection with his off-premises
occupation. Subject to the same conditions
and limitations as are specified above for
HOME OCCUPATIONS.
Yes
Yes
No
D.2.c.5. Renting of rooms to not more than 4
persons and furnishing of table board to not
more than 5 persons
Yes
Yes
No
D.2.c.6. Use of trailers, buses and mobile units
for residence in excess of 30 days
No
No
No
D.2.c.7. Foundation or cellar hole for residence
No
No
No
D.2.c.8. DAYCARE, FAMILY HOME
Yes
Yes
Yes
D.2.c.9. Conversion of SINGLE FAMILY
DWELLINGS
SP
SP
SP
D.2.d. Agricultural Uses
D.2.d.1. AGRICULTURAL, GREENHOUSE or
nursery
Yes
Yes
Yes
D.2.d.2. ROADSIDE STAND selling produce
the major part of which is raised on the
premises
Yes
Yes
Yes
DISTRICTS
R
B1
*
B2-
B4
C1
**
C2/
C3/
C5
C4
***
C6
****
D.2.d.3. Poultry or stock raising except that the
number of swine shall be limited to not more
than 5
Yes
No
No
D.2.d.4. Noncommercial riding stable
Yes
Yes
No
D.2.b.5. Kennel (4 or more dogs)
SP
SP
No
D.2.b.6 Animal Hospital
No
SP
No
D.2.e. Commercial Uses
D.2.e.1 RESTAURANT
No
Yes
No
D.2.e.2. RESTAURANT, FAST FOOD
No
No
No
D.2.e.3. RESTAURANT, TAKE OUT
No
No
No
D.2.e.7. Newspaper or JOB PRINTING
No
Yes
SP
D.2.e.8. Retail store
No
Yes
SP
D.2.e.9. Wholesale store
No
SP
SP
D.2.e.10. Garaging of more than one
commercial vehicle
No
Yes
SP
D.2.e.11. Garaging of more than three
commercial vehicles
No
SP
SP
D.2.e.12. Parking of house trailers or MOBILE
HOMES nearer to the STREET than the main
BUILDING
No
SP
SP
D.2.e.13. Professional office where patients or
clients are seen by appointment, such as the
office of a physician, psychiatrist,
physiotherapist, speech therapist, or other
licensed health professionals occupied by
practitioners not resident on the premises
No
Yes
SP
D.2.e.14. General office where clients or
customers are seen, met or dealt with or
without appointment; business offices existing
other than as ancillary to a permitted use;
banks
No
Yes
SP
D.2.e.15. Truck terminal or motor freight station
No
No
No
DISTRICTS
R
B1
*
B2-
B4
C1
**
C2/
C3/
C5
C4
***
C6
****
D.2.e.16. SHOPPING MALL where the ground
area covered by the BUILDINGS exceeds
fifteen thousand (15,000) sq. ft.
No
SP
SP
D.2.e.17. Hazardous waste treatment facility
No
No
No
D.2.e.19. Exercise/aerobics studio
No
Yes
SP
D.2.e.20. Dance or Gymnastics School
No
Yes
SP
D.2.e.21. Any of the following service
establishments dealing directly with the
consumer: Beauty salon, barber shop,
COLLECTION CENTER FOR DRY
CLEANING AND POWER LAUNDRY,
dressmaker or tailor, shoe repair shop, clothing
rental establishment, household appliance
repair, typewriter or computer repair shop
No
Yes
No
D.2.3.22. DRY CLEANING OR POWER
LAUNDRY
No
No
No
D.2.e.23. CHILD CARE FACILITY
Yes
Yes
Yes
D.2.e.24. ADULT BUSINESS
No
No
No
D.2.e.25. LIMITED USED MOTOR VEHICLE
SALES
No
Yes
Yes
D.2.f. Manufacturing Uses
D.2.f.1. MANUFACTURING
No
No
Yes
D.2.g. Miscellaneous Uses
D.2.g.1. Off-STREET parking of vehicles as
provided for in Section F.7.
Yes
Yes
Yes
D.2.g.2. SIGNS as provided for in Section F.9.
Yes
Yes
Yes
D.2.g.3. Golf course (excluding miniature golf)
SP
SP
SP
D.2.g.4. DRIVE UP WINDOWS
No
SP
SP
D.2.g.5. SCOREBOARD
SP
SP
SP
By amending Section E.1.b. Schedule of Dimensional Requirements by deleting the
row entitled "HM & PO" so that the Schedule of Dimensional Requirements will now
read as follows:
E.1.b. Schedule of Dimensional Requirements
District
Minimum Lot
Size (sq. ft.)
Minimum
Frontage
(in feet)
Required
Circle
(in feet)
Minimum
Yard Setback
(in feet)
Maximum Lot
Coverage**
Maximum
Building
Height
Front
Side
Rear
Stories
Ft
Residence 1
30,000
150
150
50
25
25
25%
2-1/2
35
Residence 2
43,560
200
200
50
25
25
25%
2-1/2
35
Residence 3
55,000
200
200
50
25
25
25%
2-1/2
35
Business 2-4
30,000
150
25
25
25
30%*
40
Commercial
2, 3, 5
30,000
150
50
25
25
30%*
40
* 60% when PARKING AREAS are included.
** Including ACCESSORY BUILDINGS
By amending Section F.7.b Schedule of Minimum Off-Street Parking Requirements
to add "Meeting Rooms or Buildings accessory to AGE RESTRICTED HOUSING so
that Section F.7.b. will now read as follows:
F.7.b. Schedule of Minimum Off-Street Parking Requirements
Permitted Use
Minimum Number of Spaces*
F.7.b.1. SINGLE FAMILY DWELLING
2 per unit
F.7.b.2. Elderly housing
1 per unit
F.7.b.2.a. ASSISTED LIVING
FACILITIES
1 per two residential units adjacent to the
BUILDING plus one space per four units
provided within the shared or attributed
parking space provisions of the District
F.7.b.3. NURSING HOME, other
inpatient health care facility
1 per 4 beds
F.7.b.4. Hospital, other mixed out and
in patient health care facility
2 per bed
F.7.b.5. Religious
1 per 150 sq. ft. USABLE FLOOR AREA
or 1 per 3 seats, whichever is greater
F.7.b.6. Libraries, museums, and other
non-recreational floor space public
facilities
1 per 200 sq. ft. USABLE FLOOR AREA
F.7.b.7. Theaters, auditoriums,
gymnasiums, meeting halls, and other
places of assembly based on
Massachusetts State Building Code
1 per 3 persons capacity
F.7.b.8. Athletic fields, stadiums, etc.
1 per 6 linear ft. of bench seating or 1 per
4 seats
F.7.b.9. Day Care nurseries, nursery
schools
1 per 5 children the facility is licensed to
serve
F.7.b.10. Elementary and junior high
school
2 per classroom
F.7.b.11. Senior high school
4 per classroom plus those required for
the largest place of assembly
(gymnasium or auditorium)
F.7.b.12. Retail, service, or mercantile
establishment
1 per 150 sq. ft. USABLE FLOOR AREA
F.7.b.13. Professional office or general
office
1 per 150 sq. ft. USABLE FLOOR AREA
F.7.b.14. Motel, hotel, inn, lodging, or
boarding house
5 per 4 units
F.7.b.15. Restaurants
1 per 100 sq. ft. usable floor area or 1 per
3 persons capacity, based on Mass.
State Building Code, whichever is greater
F.7.b.16. Automotive service garages
3 per bay
F.7.b.17. Automotive retail, retail
nurseries, greenhouses, and any use
with large outdoor display areas
1 per 150 sq. ft. usable inside floor area
plus 1 per 750 sq. ft. outdoor display area
F.7.b.18. Space in a
MANUFACTURING, retail,
professional or general office that is
specifically allocated for storage and/or
shipping/receiving
1 per 500 sq. ft. usable floor area
F.7.b.19. Office space accessory to an
industrial use area
1 per 200 usable floor area
F.7.b.20. Other uses - Parking spaces
adequate to accommodate the
vehicles of occupants, employees,
members, customers, clients, and
visitors to the premises shall be
provided
1 per 50 sq. ft. usable floor area or a
lesser number by Special Permit from the
Zoning Board of Appeals
F.7.b.21 Meeting rooms or buildings
accessory to AGE RESTRICTED
HOUSING
1 per 300 sq. ft. usable floor area
By amending Section F.7.e. by adding "Commercial 6" district so that the section now
reads:
F.7.e. In the Business 1 through Business 4 and Commercial 1 through Commercial
6 districts, PARKING AREAS shall be located in the rear YARD or side YARD of
STRUCTURES and not in the front YARD of such STRUCTURES, unless otherwise
authorized by Special Permit issued by the Zoning Board of Appeals.
By amending Section F.9.b. Schedule of Sign Regulations by deleting "HM & PO" and
revising the column entitled "C1.- C5 to read C1 - C6 so that the Schedule of Sign
Regulations will read as follows:
F.9.b. Schedule of Sign Regulations
DISTRICTS
F.9.b. Schedule of Sign Regulations
R
B1-B4
C1-C6
F.9.b.1. On premises signs or advertising devices:
F.9.b.1.a. Name Plate
One SIGN for each FAMILY residing on the premises indicating
the name of the owner or occupant or pertaining to a permitted
ACCESSORY USE, provided that each SIGN does not exceed
2 sq. ft. in area. (Restrictions relating to free standing SIGNS do
not apply to this type of SIGN.)
Yes
Yes
Yes
F.9.b.1.b. Announcement
One SIGN not exceeding 8 sq. ft. in area per side in a residential
district or 12 sq. ft. per side in all other districts for each of the
following purposes:
F.9.b.1.b.1. Advertisement for the sale, rental or lease of the
building or premises. Such SIGNS shall be removed not later
than seven (7) days following the sale (date of closing) or rental
of the subject property
Yes
Yes
Yes
F.9.b.1.b.2. Advertisement for a building contractor only while
construction is occurring on the site
Yes
Yes
Yes
F.9.b.1.c. Advertising
F.9.b.1.c.1. One wall SIGN not to exceed 8 sq. ft. or one
freestanding SIGN not to exceed 8 sq. ft. in area per side located
on property whose primary use is for AGRICULTURAL
purposes. Said sign shall be used for advertisement of
AGRICULTURAL produces of produce. If located in a residential
zone signs are not to be illuminated.
Yes
Yes
Yes
F.9.b.1.c.2. One wall SIGN for each separate and distinct
establishment advertising the goods or services rendered on the
premises not exceeding 12 sq. feet in area
No
Yes
Yes
F.9.b.1.c.3. One window SIGN.
No
SP
SP
F.9.b.1.c.4. One freestanding SIGN on the ground for each
separate BUILDING, housing one or more establishments, not
exceeding 12 sq. ft. in area per side.
No
Yes
Yes
F.9.b.1.c.5. Wherever a premises has a separate entrance
fronting onto a second public way, one additional freestanding
SIGN meeting the same criteria
No
SP
SP
F.9.b.1.c.6. A residential subdivision shall be permitted one
freestanding SIGN bearing the name of the subdivision and not
exceeding 8 sq. ft. per side.
SP
No
No
F.9.b.1.c.7. A non-residential subdivision shall be permitted one
freestanding SIGN not exceeding 12 sq. ft. per side.
No
SP
SP
F.9.b.2. Off- premises SIGNS or advertising devices provided
a permit has been granted by the Outdoor Advertising Authority
in accordance with Section 29 through 33, Chapter 93 of the
General Laws and such permit is valid and outstanding.
No
SP
SP
By amending Section F.12.c.1. by deleting the phrase "Health Maintenance and
Professional Office" and changing the phrase "Commercial 1 through Commercial 5"
to read "Commercial 1 through Commercial 6" so the section reads as follows:
F.12.c.1. Exterior actions requiring a Building Permit
All new STRUCTURES, ALTERATIONS, or additions to existing
STRUCTURES, changes in outdoor land use or changes in site design which
require a building permit and which affect the exterior architectural appearance
of a BUILDING shall be subject to review by the Design Review board, provided
that the action occurs on land which is located in the Business 1 through
Business 4, or Commercial 1 through Commercial 6 zoning district and is used
for non-residential purposes or non-conforming uses in Residential 1-3
Districts.
By amending Section F.13. Overlay District 3 and replacing it with a new section to
read as follows:
F.13. WIRELESS COMMUNICATIONS FACILITY(S).
Wireless Communications Overlay District 3. This district shall include all land
within the C-6 (Residential/Commercial Use) District limited to Assessors
Maps 26 and 27, Block 80, Lot 3 within 300 feet of the Walpole Town Line.
By amending Section H.1.b. by changing the phrase "Commercial 1 through
Commercial 5" to read "Commercial 1 through Commercial 6" and by deleting the
phrase "or health maintenance and professional offices" so that the section will read
as follows:
H.1.b. Special Permit Guidelines
Before granting special permits to increase the Maximum LOT COVERAGE
intensity of use for a business in Commercial 1 through Commercial 6 zones,
the PERMIT GRANTING AUTHORITY shall find that in its judgment all the
conditions specified in G.6.c.1.-7 are met.
By amending Section H.1.c.2 by changing the phrase "Commercial 1 through
Commercial 5" to read "Commercial 1 through Commercial 6" and by deleting the
phrase "or health maintenance and professional office zone" so that the section reads
as follows:
H.1.c.2. Incentive contributions - If the PERMIT GRANTING AUTHORITY
grants a Special Permit for an increase in the Maximum LOT COVERAGE
intensity of use in a Business or Commercial 1 through Commercial 6 zone,
said Authority shall require the APPLICANT to make a contribution into a Traffic
Safety and Infrastructure Fund ("Fund"). The rate of contribution shall be three
dollars per square foot of GROSS FLOOR AREA of a BUILDING whose
primary use shall be for office or retail space; and the rate of contribution shall
be one dollar per square foot of GROSS FLOOR AREA of a BUILDING whose
primary use will be for industrial, MANUFACTURING, warehousing, product and
material distribution or similar purposes. The primary use of a BUILDING or
BUILDINGS, for the purpose of this Section, shall be deemed to be office or
retail use where the total square foot floor area used for office or retail
purposes, considered either individually or where both uses are added
together, constitutes more than twenty percent (20%) of the entire gross square
foot area of the BUILDING or BUILDINGS in questions. Otherwise the primary
use of the BUILDING or BUILDINGS shall be deemed for a use other than office
or retail, and the rate of contribution shall be one dollar per square foot of gross
square foot area.
By amending Section H.1.c.6. by changing the phrase "Commercial 1 through
Commercial 5" to read "and Commercial 1 through Commercial 6" and also deleting
the phrase "or health maintenance and professional office zone" so that the section
reads as follows:
H.1.c.6. Escrow Pending Fund Creation - If said Traffic Safety and
Infrastructure Maintenance Fund has not been authorized or created at the time
any payment under this Section becomes due, the APPLICANT shall make the
payment to the town of Norfolk. The Town of Norfolk shall place any payments
received, on account of said Traffic Safety and Infrastructure Maintenance Fund,
into an escrow account to be held therein for the benefit of said Fund, until such
time as the said Fund is established. Any monies being held in escrow
pursuant to this Section shall forthwith be transferred to said Fund.
Said monies shall be paid by all APPLICANTS seeking a special permit for
Maximum LOT COVERAGE increased intensity of use in Business 1 through
Business 4 and Commercial 1 through Commercial 6 zones.
Furthermore, all contributions shall be paid in full before the granting of an
occupancy permit.
or to take any other action relative thereto.
ARTICLE 50. Submitted by
Personnel Board
To see if the Town will vote to add to the Town of Norfolk Personnel Bylaws a new
section entitled WORK AT HOME as follows:
WORK AT HOME
1.0 Application
This policy applies to all employees under the Town Personnel
Bylaw.
2.0 Policy
The Town believes that employees should perform their work at
their Town Work Site. It is the Town's policy not to allow at-home
work. If an employee cannot perform his/her duties at the Town
Work Site, written authorization is required in advance by the
employee's supervisor and the Personnel Board. Once
approved, at-home work must be separately noted on an
employee's time sheet, including days and hours worked. A
copy of the authorization will be on file in the Finance
Department;
or take any other action relative thereto.
ARTICLE 51. Submitted by Board of
Selectmen
To see if the Town will vote to amend the Town of Norfolk General Bylaw by adding
a new section, Section 8, to Article III, Committees, of the General Bylaw as follows:
Section 8 Community Preservation Committee
(f) Establishment of Committee; Purpose: A Community Preservation Committee is hereby
established pursuant to Section 5 of Chapter 44B of the Massachusetts General Laws, as
authorized by Chapter 267 of the Acts of 2000, whose purpose is to make recommendations
to the Town Meeting for community preservation.
(g) Definitions: The terms used herein and not otherwise defined shall be given the
definitions set forth in Sections 1 and 2 of the Massachusetts Community
Preservation Act.
(h) Membership and Appointment:
a. The Community Preservation Committee shall consist of nine (9)
appointed members.
b. The nine members of the Community Preservation Committee shall
consist of the following members:
i. One member of the Conservation Commission established
under Section 8C of Chapter 40 as designated by the
Commission;
ii. One member of the Historical Commission established
under Section 8D of Chapter 40 as designated by such
commission;
iii. One member of the Planning Board established under
Section 81A of Chapter 41 as designated by such board;
iv. One member of the Recreation Commission established
under Section 2 of Chapter 45 as designated by such
commission;
v. One member of the Housing Authority established under
Section 3 of Chapter 121B as designated by such authority;
vi. Four citizens appointed by the Board of Selectmen.
c. The four citizens appointed by the Board of Selectmen pursuant to
Section (c)b.vi. herein shall be chosen one from each of the four
precincts.
d. The Director of Municipal Finance shall be an Ex Officio, Non Voting
member of the Community Preservation Committee.
(i) Term of appointment:
a. The terms of the Community Preservation Committee members
appointed by the Conservation Commission, Historical Commission,
Planning Board, Recreation Commission and Housing Authority as
provided in Sections (c)b.i. through v. shall be for one (1) year, and such
boards and commissions shall appoint their respective designee
annually
b. The terms of the Community Preservation Committee members
appointed by the Board of Selectmen as provided in Section (c)b.vi.
shall be for three (3) years, except for the first appointments made
pursuant to this bylaw, in which case two appointments shall be two (2)
year appointments and two appointments shall be three (3) year
appointments
c. The members of the Community Preservation Committee may be
reappointed for as many terms as authorized by the appointing authority.
d. All appointments become effective upon being duly sworn in by the Town
Clerk.
(j) Powers and Duties: The Community Preservation Committee shall have all of
the powers and duties intended for such committees as set forth in Section 5
of the Massachusetts Community Preservation Act, which includes, among
others, the following
a. To make recommendations (including anticipated cost information) to
Town Meeting for the acquisition, creation and preservation of open
space including land for recreational use; for the acquisition and
preservation of historic resources; and for the creation, preservation and
support of community housing;
b. To submit an annual administrative and operating budget for the
Community Preservation Committee, which cannot exceed five percent
(5%) of the annual revenues in the Community Preservation Fund, to
Town Meeting for approval;
c. To establish rules and regulations for its operation, election of officers,
conduct of public hearings and performance of any and all other
administrative acts as are within the scope and intent of the
Massachusetts Community Preservation Act or this bylaw, as necessary
to accomplish the purposes of the Massachusetts Community
Preservation Act and this bylaw;
As provided in the Massachusetts Community Preservation Act, no expenditures shall
be made from the Community Preservation Fund without the approval of Town
Meeting;
or take any action relative thereto.
ARTICLE 52. Submitted by Highway
Superintendent
To see if the Town will vote to abandon the cul-de-sac portion of land on Ferndale
Avenue, beyond the Town of Norfolk recorded street layout, as shown on sheets 2 and
3 of Plan 369 of 1962, recorded in plan book 212 at the Norfolk County Registry of
Deeds; the abandoned cul-de-sac sections beyond the recorded town way will be
granted to the owner of the property identified as lot 20, on Assessors Map 15, Block
35. A plan of this land is on file in the office of the Town Clerk; or take any other action
relative thereto.
ARTICLE 53. Submitted by Highway
Superintendent
To see if the Town will vote to accept as a public way and to accept all easements
related thereto, Liberty Lane formerly known as a portion of North Street, as approved
by the Board of Selectmen in accordance with a plan drawn by Coler & Colantonio
Engineers of Norwell, Massachusetts, a copy of which is on file in the Office of the
Town Clerk; or take any action relative thereto.
ARTICLE 54. Submitted by Highway
Superintendent
To see if the Town will vote to accept as a public way and to accept all easements
related thereto, Independence Drive, formerly known as North Street Connector, as
approved by the Board of Selectmen in accordance with a plan drawn by Coler &
Colantonio Engineers of Norwell, Massachusetts, a copy of which is on file in the Office
of the Town Clerk; or take any action relative thereto.
ARTICLE 55. Submitted by Board of
Selectmen
To see if the Town will vote to require all plans for all municipal and school structures
and facilities be reviewed by the ADA Compliance Committee prior to final approval
by any other board or committee for recommendations. The ADA Compliance
Committee shall have thirty (30) calendar days from receipt of the plans to make
recommendations, or state its approval. Recommendations by the ADA Compliance
Committee will be non-binding, but will become a matter of record; or take any other
action relative thereto.
ARTICLE 56. Submitted by Board of
Selectmen
To see if the Town will vote to authorize the Board of Selectmen to advertise in a local
newspaper and sell at public sale from time to time, as it may deem in the best interest
of the Town, any and all lands or portions thereof which the Town has acquired or may
acquire as Tax Title land, so called, such sales to be made on behalf of the inhabitants
of the Town of Norfolk, and to authorize the Selectmen to expend from the proceeds
of such sale the necessary costs of recording fees, documentary stamps, and
auctioneer's fees, if required; or take any other action relative thereto.
ARTICLE 57. Submitted by Board of
Selectmen
To see if the Town will vote to grant the Board of Selectmen permission to sell surplus
property of the Town, exclusive of buildings and land, no longer needed by the Town;
or take any other action relative thereto.
ARTICLE 58. Submitted by Board of
Selectmen
To see if the Town will vote to raise and appropriate, transfer from any source of
available funds, or otherwise provide for the Stabilization Fund pursuant to
Massachusetts General Laws, Chapter 40, Section 5B; or take any other action
relative thereto.
Hereof, fail not, but make due return of this warrant, with your doings thereon to the Town Clerk, on or
before the hour of said meeting. Given under our hands and seal of the Town of Norfolk on the 19th
day of March, 2001, A.D.
NORFOLK BOARD OF SELECTMEN
Joyce E. Terrio, Chairman
John J. McFeeley, Clerk
R. William Perron, Member
A true copy, attest:
Town of Norfolk
Norfolk, ss
By virtue of this Warrant, I have notified and warned the legal voters of the Town of
Norfolk aforesaid to meet at the time and place and for the purposes specified in said
Warrant, by posting true and attested copies thereof in the Town Hall, and in at least
one public place in each of the three precincts, not less than seven (7) days at least
before the date of said meeting.
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Constable
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Date