On the agenda: Byfield meeting — surveillance camera (May 5)

ATM WARRANT
ARTICLES 27, 28, and 29

ZONING BYLAW
RECODIFICATION
Town of Newbury
Annual Town Meeting
May 5, 2026
This document shows the entire zoning bylaw edits, additions, and deletions related to
the Zoning Recodification as set forth in Articles 27, 28, and 29 as follows:
• wording with strikethrough indicates deleted text
• wording that is bold and underlined indicates new or revised text
• wording that is shaded notes the location where text was moved from or to or
explains why it was deleted or revised.

ATM Warrant Articles 27, 28, 29

Page 1 of 218

May 5, 2026

SUMMARY OF PROPOSED AMENDMENTS TO THE ZONING BYLAW
WARRANT ARTICLES 27, 28, and 29
The Zoning Amendments proposed as ARTICLES 27, 28, and 29 on the May 5, 2026
Annual Town Meeting (ATM) Warrant represent Phase 2 of a multiyear project to
recodify, reorganize, update, and incorporate best practices into Newbury’s Zoning
Bylaw. Amendments proposed as Phase 1 of this project were adopted at the April 29,
2025 ATM. This project was done as a collaboration among Newbury’s Planning Staff
and Planning Board Members, Town Counsel, Building Commissioner, ZBA Members,
and other Town staff and departments.
This project involved a high-level review of Newbury’s Zoning Bylaw focused on
identifying internal inconsistencies, noncompliance with statute or case law, and
unclear provisions and language.
The majority of the zoning amendments proposed in Warrant Articles 27, 28, and 29
are a RECODIFICATION of the Zoning Bylaw, which includes changes intended to: 1)
Make the Bylaw more organized by changing the order of, and in some cases
consolidating, various sections and sub-sections; 2) Make the Bylaw easier to
understand by eliminating internal inconsistencies and redundancies; 3) Bring the
Bylaw into legal conformity by revising and adding language to reflect new case law,
statutes, and regulations; and 4) Reflect best practices. This type of change is not
intended to change the meaning of the Bylaw.
The proposed revisions also include TECHNICAL CHANGES. These are changes to bring
the Bylaw into conformance with current practice and interpretation. It also adds new
definitions and modernizes others. These changes represent things that are presently
done but not included in the Bylaw. Nothing would change if these changes were not
made, but they do make the process clearer and easier to use and understand.

ATM Warrant Articles 27, 28, 29

Page 2 of 218

May 5, 2026

Warrant ARTICLE 27: Recodification – Amendments to Zoning Bylaw Articles II
through XI

Chapter 97
Zoning
Article I
GENERAL PROVISIONS
Revisions to Article I GENERAL PROVISIONS were approved at the 2025 ATM; no further changes
are proposed to this Article.
§ 97-1 Purpose and Authority
A.

Title and Authority. This Bylaw is enacted pursuant to Chapter 40A, of the Massachusetts
General Laws (Chapter 40A), and all amendments thereto and shall be known and may be
cited as the "Town of Newbury Zoning Bylaw (“Bylaw”).

B.

Purpose. This Bylaw is enacted to promote the general welfare of the Town of Newbury, to
protect the health and safety of its inhabitants, to encourage the most appropriate use of land
throughout the Town, to preserve the cultural, historical and agricultural heritage of the
community, to increase the amenities of the Town, to reduce the hazard from fire by regulating the
location and the height, size and use of buildings and the area of open space around them, all in
order to promote the health, safety, convenience and general welfare of the inhabitants of the Town
of Newbury, and to be consistent with and further the goals of the Town of Newbury’s long-term
planning documents, all as authorized by, but not limited to, the provisions of the Zoning Act, G.L.
c. 40A, as amended, Section 2A of 1975 Mass. Acts 808, and by Article 89 of the Amendments to
the Constitution of the Commonwealth of Massachusetts.

C.

Conflicts. Where there are conflicts between this Bylaw and other bylaws, covenants,
agreements or laws, this Bylaw shall prevail where it is more restrictive; it shall not prevail
where it is less restrictive.

D.

Prior Law. Except as otherwise provided in G.L. c.40A sec. 11, the adoption of this Bylaw
shall not affect the validity of any action lawfully taken under the provision of the Zoning
Bylaw in effect prior to the date this Bylaw becomes effective.

E.

Severability. Should any section, provision or paragraph of this Bylaw be declared invalid by
a court review, such decision shall not affect the validity of the Bylaw as a whole or any
section or provisions, other than the portion so declared to be invalid.

F.

Scope. For these purposes, the construction, repair, alteration, demolition, reconstruction, height,
number of stories, and size of buildings and structures, the size and width of lots, the percentage
of lot area that may be occupied, the size of yards, courts, and other open spaces, the density of

ATM Warrant Articles 27, 28, 29

Page 3 of 218

May 5, 2026

population, and the location and use of buildings, structures, and land in the Town are regulated
as hereinafter provided.
G.

Applicability. All buildings or structures hereinafter erected, reconstructed, altered, enlarged, or
moved, and the use of all premises in the Town, shall be in conformity with the provisions of the
Zoning Bylaw. No building, structure or land shall be used for any purpose or in any manner other
than is expressly permitted within the district in which such building, structure or land is located
except where it is allowed or allowed by Special Permit or Variance. Where the application of
this Bylaw imposes greater restrictions than those imposed by any other regulations, permits,
restrictions, easements, covenants, or agreements, the provisions of this Bylaw shall control.

H.

Amendment. This Bylaw and Zoning Map may from time to time be changed by amendment,
addition, or repeal by the Town Meeting in the manner provided in G.L. c. 40A, s.5, and any
amendments thereto.

Article II
USE DISTRICTS
§ 97-2 Establishment of Use Districts.
A.

Types of Use Districts:
For the purpose of this Bylaw, the Town of Newbury is hereby divided into the following types of
use districts:
(1)

Agricultural Residential-Agricultural (R-AG) Revised to be consistent with acronym

(2)

Parker River Residential (PR)

(3)

Residential-Limited Business (R-LB)

(4)

Byfield Village Business (BVB) [Amended 5-22-2012 ATM, Art. 22]

(5)

Commercial Highway (CH)

(6)

Commercial Highway A (CHA)

(7)

Light Industrial Byfield (LIB) [Amended 5-22-2012 ATM, Art. 21]

(8)

Upper Green Business (UGB) [Added 5-26-2009 ATM, Art. 30]

(9)

Business and Light Industrial District (BLI) [Added 5-24-2011 ATM, Art. 23]

(10) Parker River Marine (PRM) [Added 5-22-2012 ATM, Art. 21]
B.

Location of Districts.

ATM Warrant Articles 27, 28, 29

Page 4 of 218

May 5, 2026

(1)

Zoning Map. The Planning Board of the Town of Newbury shall prepare and periodically
update as required, a Zoning Map, which Zoning Map shall show all zoning use districts
within the Town in a manner sufficient for identification.[1] The Zoning Map shall be a part
of this Bylaw; provided, however, that in the event of any inconsistency between the written
provisions of this Bylaw and said Zoning Map, the written provisions of this Zoning Bylaw
shall prevail.
[1] Editor’s Note: The zoning maps are included at the end of this chapter. Zoning Districts
Map is attached to this Chapter 97 as Attachment 2.

(2)

Written Description of Use Districts: Descriptions updated and clarified; no changes to
District boundaries
(a)

Residential-Agricultural: — Residential This districts shall include all portions of the
Town not otherwise classified;

(b)

Parker River Residential.:
This district shall constitute a certain parcel of land situated east of High Road and north
of the Parker River in the Town of Newbury, bounded and described as follows:
Beginning at a point in the easterly sideline of High Road at the northwesterly corner
of the said parcel of land at the southwesterly corner of land of or formerly of The
Society for the Preservation of New England Antiquities, said point being about 885
feet south of the southerly intersection of the sidelines of High Road and Cottage Road
Thence running: Easterly about 210 feet by said land of, or formerly of, The
Preservation of New England Antiquities to a corner,
Thence running: Northerly about 135 feet by said land of, or formerly of, The
Preservation of New England Antiquities to a corner of land of, or formerly of, Joan
Hoysradt,
Thence Running: Easterly about 1120 feet by said land of, or formerly of, Joan
Hoysradt, by land of or formerly of James D. Pearson, and by land of, or formerly of
Rita E. Direnzo and Patricia D. Daigle to a corner,
Thence running: Northerly about 64 feet by said land of, or formerly of, Rita E. Direnzo
and Patricia D. Daigle to a point in the southerly sideline of Cottage Road,
Thence running: Easterly about 1230 feet by the said southerly sideline of Cottage Road
to a point,
Thence running: Northerly about 40 feet across Cottage Road to a point in the northerly
sideline of Cottage Road at the southeasterly corner of land of, or formerly of John D.
and Sharon Protopapas, said point being about 176 feet westerly of the northeasterly
corner of Cottage Road,
Thence running: Northerly about 210.69 feet by said land of John D. and Sharon
Protopapas to a point at land of, or formerly of the Trustees of Reservations,
Thence running: Easterly about 1150 feet by said land of, or formerly of the Trustees
of Reservations, by land of or formerly of Joseph II, Nancy, and Peter Story, and by
land of, or formerly of the Parker River National Wildlife Refuge to a corner,

ATM Warrant Articles 27, 28, 29

Page 5 of 218

May 5, 2026

Thence running: Southerly about 900 feet by said land of or formerly of the Parker
River National Wildlife Refuge to a corner at the northerly side of the Parker River,
Thence running: Westerly about 3500 feet by the Parker River to a point in the easterly
sideline of High Road,
Thence running: Northerly about 530 feet by the said easterly sideline of High Road to
the point of beginning.
(c)

Residential-Limited Business:
Beginning at a point on the easterly corner of said premises at an Iron Stake: Thence
northerly by land now or formerly of Ross Gadd to a stone wall and land now or
formerly of George Adams, John Thurston and others: Thence easterly by a stone wall
300 feet to an Iron Stake and land now or formerly of said Ross Gadd to Orchard Street
to the point of beginning.

(d)

Byfield Village Business: [Amended 5-22-2012 ATM, Art. 22; 5-21-2013 ATM, Art.
25]
An area bounded by the center lines of Lunt, Main and Central Streets in Byfield.
An area bounded by the center lines of Lunt, Main, Central and Church Streets in
Byfield.
An area in Byfield west of Main Street encompassing Lots 37, 41, 42, 43, 44, 45, 46A,
46, 47, and 49 on FY2013 FY2026 Assessors Map U-13 and Lots 1, 2, 3, 4, 5, 6, and 7
on FY2013 FY2026 Assessors Map U-12.
An area in Byfield southeasterly of Lunt Street encompassing Lot 67 on FY2013
FY2026 Assessors Map U-11 and Lots 12, 13, 14, 15, 16, and 17 on FY2013 FY2026
Assessors Map U-14.

(e)

Commercial Highway: [Amended 5-22-2012 ATM, Art. 23; 5-21-2013 ATM, Art. 24]
An area in Byfield northeasterly of the junction of the right-of-way of I-95 and Central
Street encompassing Lots 25, 25A, 25B, 26, 26A, 26B, 26C, 26D, 27, 28, 29, 30, 31,
32, and 34 on FY2013 FY2026 Assessors Map R-20.
An area at the Nnorthwestern Jjunction of the right-of-way of I-95 and cCentral Street
225 feet deep and extending westerly along Central Street 300 feet to the Jjunction of
Church Street.
An area located at the northeastern junction of the right-of-way of I-95 and
Scotland Road on the northerly side of Scotland Road bounded on the west by the
right-of-way of U.S. Rt. 95, on the south by Scotland Road, on the east and northeast
by the easterly property line of Lot 1 Assessors’ Map R-44, now or formerly of Bartlett,
and on the north by the City Line of Newburyport and the Town Line of West Newbury
encompassing Lot 1 on FY2026 Assessors Map R-43 and Lot 1 on FY2026
Assessors Map R-44.

(f)

Commercial Highway District A:

ATM Warrant Articles 27, 28, 29

Page 6 of 218

May 5, 2026

An area located at the Ssouthwestern Jjunction of the right-of-way of I-95 and Central
Street, 500 feet wide and extending southeasterly to the Parker River.
(g)

Light Industrial Byfield: [Amended 5-24-2011 ATM, Art. 22; 5-24-2011 ATM, Art.
23; 5-22-2012 ATM, Art. 21]
An area in Byfield encompassing Lots 24 and 25 on Assessors Map U-14 in their
entirety and a 500 foot strip along the south bank of the Parker River extending from
the southern boundaries of Lots 23 and 24 on Assessors’ Map U-14 across Lots 33, 37,
and 50 37B, and 40 on FY2026 Assessors Map R-19 to the right-of-way of Route I95 and as shown on the Town of Newbury Zoning Map as amended.

(h)

Upper Green Business: [Added 5-26-2009 ATM, Art. 30]
An area to the east and north of the Upper Green on High Road encompassing Lots 1,
2, 3, 31, 34, 48, and 49 on Assessors’ Map U-06 and Lot 42 on Assessors’ Map U-07
and as shown on the Town of Newbury Zoning Map as amended.

(i)

Business and Light Industrial: [Added 5-24-2011 ATM, Art. 23; amended 5-21-2013
ATM, Art. 23]
Beginning at a point on the center line of U.S. Route #1 at the Newburyport municipal
boundary, thence southwards along the center line of U.S. #1 to a point on the center
line of Middle Road, thence southwesterly by the center line of Middle Road to the
center line of Highfield Road, thence northwesterly by the center line of Highfield Road
to the center line of Scotland Road, thence northerly along the center line of Scotland
Road to the Newburyport line and thence eastwards along the municipal boundary to
the point of beginning. An area west of Route 1 bounded by the center lines of Route
1, Middle Road, Highfield Road, and Scotland Road, and by the
Newbury/Newburyport municipal boundary encompassing lots 8, 9, 23, 24, 25,
25A, 26, 261, 262, 27, 28, 29, 30 30A, 31, 32 32A, 33, 34, 35, and 41 on FY2026
Assessors Map R-47.
An area west of Route 1 encompassing Lots 14, 15A, 15, 16, 17, 18, 19, and 1 on
FY2013 FY2026 Assessors Map R-36 and Lots 13, 14, 14A, 15, 16, 17, 18, 19, 20, 21,
and 22 on FY2013 FY2026 Assessors Map R-47.
An area east of Route 1 encompassing Lots 27, 28, 29, 38, 39, 40, 41, 41A, 42, 43, 43A,
44, 45, 46, 4, 6, 7, 8, 9, 10A, 10, 11, 12A, 12 on FY2013 FY2026 Assessors Map R47, Lots 41, 42, and 43 on FY2013 FY2026 Assessors Map U-08, and Lots 20, 22, 22A,
22B, 22C, 25, 23, 23A, 23B, and 24 23C on FY2013 FY2026 Assessors Map R-36.

(j)

Parker River Marine: [Added 5-22-2012 ATM, Art. 21]
A 500 foot strip along the south bank of the Parker River in Precinct 1 extending for a
distance of 1,000 feet west and 1,000 feet east of the Parker River Bridge on U.S. Route

ATM Warrant Articles 27, 28, 29

Page 7 of 218

May 5, 2026

1A, less any portion of Lot #78 Assessors Map R-11.
C.

Overlay Districts.
The following special districts are superimposed over specific parts of the Town (as described
within each overlay district), and may establish requirements over and above those described in the
respective underlying districts. All applicable regulations, whether Federal, State, or local, if more
restrictive, shall also apply.

D.

(1)

Flood Hazard

(2)

Water sSupply Protection

(3)

Plum Island

(4)

Adult Entertainment

(5)

Wireless Communications Services Facilities

(6)

MBTA Communities Multi-Family Overlay District (MCMOD)

Location of Overlay Districts.
(1)

Zoning Map:
The Planning Board of the Town of Newbury shall prepare and periodically update as
required, a Zoning Map, which Zoning Map shall show all zoning overlay districts within
the Town in a manner sufficient for identification.[1] The Zoning Map shall be a part of this
Bylaw; provided, however, that in the event of any inconsistency between the written
provisions of this Bylaw and said Zoning Map, the written provisions of this Zoning Bylaw
shall prevail.
[1] Editor’s Note: The Zoning Overlay and Resource Districts Map is attached to this
Chapter 97 as Attachment 1.

(2)

Flood Hazard:
Applicable as indicated on the Federal Emergency Management Agency's Essex County
Flood Insurance Rate Maps (FIRM), effective July 8, 2025.

(3)

Water Supply Protection:
Shall include all lands within the Town of Newbury lying within the watersheds of
groundwater aquifers which now or may in the future provide public water supply. The
boundaries of the Water Supply Protection District are shown on a map entitled "Town of
Newbury - Water Supply Protection Districts," dated March 9, 2010, and on the map
entitled “Town of Newbury – Zoning Overlay and Resource Districts,” both maps as

ATM Warrant Articles 27, 28, 29

Page 8 of 218

May 5, 2026

prepared by the Merrimack Valley Planning Commission, said maps hereby
incorporated as part of this Bylaw and on file in the office of the Town Clerk. [Amended
5-25-2010 ATM, Art. 14]
(4)

Plum Island:
Shall include all lands shown on a map entitled "Plum Island Overlay District, Town of
Newbury", dated December 20, 2000, and on the map entitled “Town of Newbury –
Zoning Overlay and Resource Districts,” both as prepared by the Merrimack Valley
Planning Commission, said maps hereby incorporated as part of this Bylaw and on file in the
office of the Town Clerk.

(5)

Adult Entertainment:
That portion of Precinct 1 area on the east and west sides of U.S. Route 1 bounded on the
north by the Newburyport line, on the east by a line 1,000 feet east of the parallel to the rightof-way of the Boston and Maine Railroad, Main Line, on the south by Hanover Street and
Middle StreetsRoad, and on the west by Highfield Road and Scotland Road. Except that
section which is bounded on the east by the B & M Railroad right-of-way, on the south by
the center line of Hanover Street, and the west by the center line of U.S. Rt. #1.

(6)

Wireless Communications Services: [Amended 5-24-2011 ATM, Art. 23]
All lands located within the boundaries of the Business and Light Industrial District.

(7)

MBTA Communities Multi-Family Overlay District (MCMOD):
The MCMOD contains the sub-districts shown on the map titled “Zoning Overlay and
Resource Districts Map” and as set forth in section 97-4.G.(2)(d).

E. Interpretation of District Boundaries: The following guidelines shall apply where any
uncertainty exists with respect to the boundary of any district as delineated on the Zoning
Map:
(1)

Property Lines;
Where district boundaries apparently follow property lines, they shall be so
interpreted.

(2)

Streets and Similar Features.
Where a boundary is indicated upon a street or similar feature such as a highway,
railroad right of way, electric transmission, easement or a water course, the centerline
of said feature shall be interpreted as the district boundary.
Where a boundary is indicated as approximately parallel to a street or similar feature,
it shall be taken as parallel thereto.

ATM Warrant Articles 27, 28, 29

Page 9 of 218

May 5, 2026

(3)

Determination of Location:
When any uncertainty exists as to the exact location of a boundary, its location shall be
determined by the Building Commissioner; provided, however, that any person
aggrieved by this decision may appeal to the Board of Appeals.

(4)

Lots in Two Districts:
Where a district boundary divides an existing lot and the majority of the land area of
that lot is located within a particular zoning district, the entire lot shall be considered
to be located in that district for zoning purposes.

(5)

Lot Split by Town Line:
When a lot, in one ownership, is situated only in part in the Town of Newbury, this
Bylaw shall be applied to Newbury’s portion of the lot in the same manner as if the
entire lot were situated therein.

Article III
REGULATIONS OF USE DISTRICTS
[Amended 4-24-2001 ATM, Art. 26; 5-26-2009 ATM, Art. 30; 5-24-2011, Art. 23; 5-22-2012 ATM,
Art. 20]
§ 97-3 Regulations of Use Districts.
A.

Restrictions.
(1)

In all zones only one principal structure shall be permitted on each separate lot, where
allowed, except for shopping centers, farms, industrial complexes, community facilities,
multi-family residential developments, and public utilities, or where otherwise
specifically allowed in the Zoning Bylaw. only one principal structure shall be permitted
on each separate lot.

(2)

Except as provided in the Zoning Act or this Bylaw, no building, structure or land shall be
used, constructed, erected, placed, or converted, in whole or in part, for any purpose or in
any manner other than for one or more of the uses set forth below in § 97-3.M., Table of
Use Regulations (97 Attachment 4 – Town of Newbury TABLE OF USE
REGULATIONS). However, any use not listed but similar in character may be permitted
by special permit granted by the Zoning Board of Appeals. Exceptions: These regulations
shall not prohibit, regulate, or restrict the use of land, buildings, or structures for religious
purposes or for educational purposes on land owned or leased by the Commonwealth of
Massachusetts or any of its agencies, subdivisions, or bodies politic, or by a religious sect or

ATM Warrant Articles 27, 28, 29

Page 10 of 218

May 5, 2026

denomination, or by a non-profit educational corporation or as otherwise set forth in MGL
Chapter 40A, Section 3.
(3)

B.

Uses permitted by right or by special permit shall be subject, in addition to use regulations,
to all other applicable provisions of this Bylaw. Moved to B. below.

Table of Use Regulations. Revised and combined with M. below
(1)

For Use Regulations for all districts see the Table of Use Regulations included as 97
Attachment 4 – Town of Newbury TABLE OF USE REGULATIONS, on the
accompanying pages which is declared to be part of this Bylaw. In addition, see District
Specific Applicable Regulations below.

(2)

Permitted Uses: In the attached Table of Use Regulations, the uses permitted by right
in each district are designated by the letter “P.” Those uses that may be permitted by
special permit in accordance with conditions, safeguards, and limitations of the Zoning
Act and this Bylaw are designated as follows by the appropriate SPGA:
SP – special permit of the Planning Board
SPS – special permit of the Select Board
SPA – special permit of the Zoning Board of Appeals
Uses designated "NP" shall not be permitted in the district.

(3)

(4)

Uses Subject to Other Regulations:
(a)

Uses permitted by right or by special permit shall be subject, in addition to use
regulations, to all other applicable provisions of this Bylaw.

(b)

Mixed uses shall be allowed provided that each principal use is separately allowed
as an allowed use in the Table of Use Regulations in the district in which the mixed
use is proposed.

Identification of Districts: In the following Table of Use Regulations the Town of
Newbury’s Use Districts are identified by the following abbreviations, in accordance
with § 97-2.A.: [Amended 5-22-2012 ATM, Arts. 21, 22]
R-AG
PR
R-LB
BVB
CH
CHA

Residential-Agricultural
Parker River Residential
Residential-Limited Business
Byfield Village Business
Commercial Highway
Commercial Highway A

ATM Warrant Articles 27, 28, 29

Page 11 of 218

May 5, 2026

LIB
UGB
BLI
PRM
C.

Agricultural — Residential – Agricultural District. [Amended 5-21-2013 ATM, Art. 26; 4-232019 ATM, Art. 23]
(1)

District Specific Applicable Regulations:
(a)

D.

Light Industrial Byfield
Upper Green Business
Business and Light Industrial
Parker River Marine

Reserved. Uses by Special Permit: In appropriate cases and subject to appropriate
conditions, safeguards and limitations on time or use, the Select Board, the Planning
Board, or the Zoning Board of Appeals, as designated in § 97-3.M. Table of Use
Regulations (97 Attachment 4 – Town of Newbury TABLE OF USE
REGULATIONS), may grant an applicant a special permit to make use of the land or
erect and maintain buildings or other structures thereon in accordance with the
provisions of Chapter 40A, Section 9 of General Laws, if such use, buildings or other
structures are in harmony with the general purpose and intent of this Bylaw and with
the provisions stipulated in § 97-11.C.(1) for the purpose of uses listed in § 97-3.M.
Table of Use Regulations (97 Attachment 4) as allowed by Special Permit, provided
that the designated Special Permit Granting Authority (SPGA) finds, after a Public
Hearing of which due notice is given to any party in interest as defined in Section 11
of Chapter 40A of the General Laws, that the proposed use, building or structure is for
the best interest of the Town, is not injurious or obnoxious to the neighboring
properties, will satisfy a community need or convenience not otherwise being served,
will not affect abutting and nearby properties by increasing traffic and on-street
parking, and that nothing connected with the use, buildings or structure, such as
machinery, vehicles, material, supplies, equipment and waste materials shall be stored
between the street line and the front line of the structure or building, nor be visible from
the street. This provision is redundant – not needed

Parker River Residential.
(1)

District Specific Applicable Regulations:
(a)

Any structure constructed within the Parker River Residential District shall comply
with all provisions required for lots within the Agricultural/Residential Use
Residential-Agricultural District.

(b)

Notwithstanding any provision of this Bylaw to the contrary, any piece or parcel of
land, lying within the Parker River Residential District designated as a separate tax lot
on the Tax Map of the Town of Newbury (available in the Town Clerk's office) as of
March 11, 1997, the date of enactment of § 97-3.D.(1)(a) above, and upon which one

ATM Warrant Articles 27, 28, 29

Page 12 of 218

May 5, 2026

single one family residence and such structures normally accessory to such single one
family residence exist as of March 11, 1997, the date of the enactment of § 973.D.(1)(a), shall nevertheless be deemed to comply with the provisions of the Zoning
Bylaws so long as such single one family residence remains on such lot.
E.

Residential – Limited Business.
(1)

F.

District Specific Applicable Regulations: Limited Business uses shall be defined as auto
body repair shop, glass sales and repair shop, business or professional office, provided that:
(a)

None of the contiguous lots shall be used for a limited business use as defined;

(b)

Not more than five (5) persons are regularly employed thereon;

(c)

No offensive noise, odors, glare or unsightliness is produced;

(d)

No public display of goods or wares, except for such signs as are permitted;

(e)

No outside storage of junk vehicles shall be permitted;

(f)

Exterior storage of materials, and equipment (including goods and automobiles to be
repaired), shall be screened from view from the street or abutting residential uses by a
six (6) foot high opaque fence or six (6) foot high landscaping strip of densely planted
evergreen trees;

(g)

Off-street parking facilities must be provided to accommodate customers and
employees in connection with any permitted use;

(h)

Hours of operation shall be limited to 8:00 A.M. to 5:00 P.M. Monday through
Saturday. No hours of operation on Sunday.

Byfield Village Business. [Amended 5-22-2012 ATM, Art. 22]
(1)

District Specific Applicable Regulations:
(a)

Building materials and style should be in keeping with the historic and rural character
of the area. Dumpsters and other storage shall be fenced or otherwise out of view;

(b)

In the case of non-residential uses, every effort shall be made to retain and protect
existing trees, shrubs, and other landscaping on a site. A three (3) foot wide (minimum)
landscaping strip shall be provided along the foundation walls of each building. A five
(5) foot strip of densely planted green space shall be provided on all property
boundaries. In cases where a business abuts a residential property, this buffer must be
a minimum of ten (10) feet;

(c)

These regulations are intended to preserve the historical and rural character of the area

ATM Warrant Articles 27, 28, 29

Page 13 of 218

May 5, 2026

while allowing business enterprises that serve the needs of the local residents;
(d)

G.

Commercial Highway.
(1)

District Specific Applicable Regulations:
(a)

H.

No use shall be allowed which may produce a nuisance or hazard from fire or explosion,
toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapors, harmful
radioactivity, offensive noise or vibration, or other activity that may adversely affect or
impair the normal use and peaceful enjoyment of any property, structure or dwelling in
the neighborhood, contaminate ground water, pollute streams or other atmospheric
pollutant beyond the lot on which such use is conducted.

Reserved. Uses by Special Permit: Non-profit recreational facility and/or Recreational
facilities for gainful business are allowed only by special permit from the Select Board
according to the provisions of Chapter 40A, Section 9, of the General Laws, provided
the Select Board find, after a Public Hearing of which due notice is given, that the
proposed recreational use, building or structure is: For the best interest of the Town; is
not injurious or obnoxious to the neighboring properties and will not adversely affect
the surrounding area; will satisfy a community need or convenience not otherwise
being served; that the parking, loading and dimensional control requirements of this
ordinance are met; and that the recreation business is in the interest of the common
good. The plan must be reviewed and a recommendation made to the Select Board by
the Planning Board, the Board of Fire Engineers, Public Safety, and the Board of
Health; This provision is redundant – not needed

Commercial Highway — A.
(1)

District Specific Applicable Regulations: No activity shall be allowed which includes:
(a)

Storage of petroleum or petroleum products, including without limitation, gasoline,
waste oil, heating oils, diesel fuel and other liquid hydrocarbons, except within
buildings which the product will heat and in quantities for normal use in the facility in
which it is kept;

(b)

Storage of road salt or other deicing chemicals in quantities greater than that necessary
for normal use at that facility;

(c)

Manufacture, use, storage or disposal of toxic or hazardous materials;

(d)

Storage or disposal of hazardous wastes, including, without limitation, chemical
wastes, radioactive wastes, and waste oil;

(e)

Industrial uses which discharge process liquids on site;

ATM Warrant Articles 27, 28, 29

Page 14 of 218

May 5, 2026

I.

J.

(f)

Disposal of liquid or leachable wastes, except normal nonprocess sewage wastes
discharged through sewage disposal systems in compliance with Title V;

(g)

Uses by Special Permit: Non-profit recreational facility and/or Recreational facilities
for gainful business are allowed only by special permit from the Select Board
according to the provisions of Chapter 40A, Section 9, of the General Laws, provided
the Select Board find, after a Public Hearing of which due notice is given, that the
proposed recreational use, building or structure is: For the best interest of the Town; is
not injurious or obnoxious to the neighboring properties and will not adversely affect
the surrounding area; will satisfy a community need or convenience not otherwise
being served; that the parking, loading and dimensional control requirements of this
ordinance are met; and that the recreation business is in the interest of the common
good. The plan must be reviewed and a recommendation made to the Select Board by
the Planning Board, the Board of Fire Engineers, Public Safety, and the Board of
Health. This provision is redundant – not needed

Light Industrial Byfield. [Amended 5-22-2012 ATM, Art. 21]
(1)

Purpose and Intent: The purpose of the Light Industrial Byfield District is to preserve historic
buildings and provide for their use in ways that are respectful of the Parker River and abutting
residential properties.

(2)

District Specific Applicable Regulations: No business or industry shall be located which
would be detrimental or offensive or tend to reduce property values in the same or adjacent
districts, by reason of dirt, odor, fumes, smoke, gas, sewerage, refuse, noise, excessive
vibration or danger of explosion or fire.

Upper Green Business.
(1)

District Specific Applicable Regulations:
(a)

Building materials and style shall be in keeping with the historic and rural character of
the area. Dumpsters and other storage shall be fenced or otherwise out of view;

(b)

The surrounding area shall be protected from the proposed use on the site by provision
of adequate surface water drainage, buffers against light, sight, sound, vibration, odors,
dust and other air pollution and the preservation of adequate light and air;

(c)

The convenience and safety of vehicular and pedestrian movement within the site and
in relation to adjacent areas and public ways shall be provided for;

(d)

Environmental features of the site and surrounding areas shall be protected;

(e)

The site plan shall be consistent with the Master Plan;

ATM Warrant Articles 27, 28, 29

Page 15 of 218

May 5, 2026

K.

(f)

The proposed building scale and/or site development plan is consistent with the
surrounding neighborhood;

(g)

All signs shall be in accordance with the sign regulations for the pertinent district and
materials used shall be in keeping with the historic character and public spaces of the
Upper Green;

(h)

All variances or special permits or other approvals required from the Board of
Appeals and/or the Planning Board have been granted;

(i)

These regulations are intended to preserve the historical and rural character of the area
while allowing business enterprises that serve the needs of the local residents;

(j)

No use shall be allowed which may produce a nuisance or hazard from fire or explosion,
toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapors, harmful
radioactivity, offensive noise or vibration, or other activity that may adversely affect or
impair the normal use and peaceful enjoyment of any property, structure or dwelling in
the neighborhood, contaminate ground water, pollute streams or other atmospheric
pollutant beyond the lot on which such use is conducted;

(k)

Notwithstanding the above, regulation of uses and structures referred to in G.L. c. 40A,
§ 3 (exemptions from zoning) shall be limited to the extent allowed under said section
of the General Laws.

Business and Light Industrial.
(1)

Purpose and Intent: The Business and Light Industrial District is intended as an area for retail
and service businesses, for professional offices and services, and for assembly and light
manufacturing uses consistent with the Town's current Master Plan.

(2)

District Specific Applicable Regulations:
(a)

L.

No business or industry shall be located which would be detrimental or offensive or
tend to reduce property values in the same or adjacent districts, by reason of dirt, odor,
fumes, smoke gas, sewerage, refuse, noise, excessive vibration or danger of explosion
or fire.

Parker River Marine. [Added 5-22-2012 ATM, Art. 21]
(1)

Purpose and Intent: The Parker River Marine District is intended as an area for marine-related
activities, including retail and service businesses, professional offices and services, and
assembly and light manufacturing uses.

(3)(2) District Specific Applicable Regulations: No business or industry shall be located which
would be detrimental or offensive or tend to reduce property values in the same or adjacent
ATM Warrant Articles 27, 28, 29

Page 16 of 218

May 5, 2026

districts, by reason of dirt, odor, fumes, smoke, gas, sewerage, refuse, noise, excessive
vibration or danger of explosion or fire.
M. Table of Use Regulations:[1] [Amended 5-21-2013 ATM, Art. 26] Provisions combined with § 973.B. above
(1)

The Table of Use Regulations on the accompanying pages is a part of this Bylaw. Mixed
uses shall be allowed provided that each principal use is separately allowed in a particular
district in the Table of Use Regulations.

(2)

Permitted Uses: In the following Table of Use Regulations, the uses permitted by right in the
district are designated by the letter “P”. Those uses that may be permitted by special permit
in accordance with conditions, safeguards, and limitations of the Zoning Act and this Bylaw
are designated as follows by the appropriate special permit granting authority:
SP – special permit of the Planning Board
SPS – special permit of the Select Board
SPA – special permit of the Zoning Board of Appeals
Uses designated "NP" shall not be permitted in the district.

(3)

Uses Subject to Other Regulations: Uses permitted by right or by special permit shall be
subject, in addition to use regulations, to all other applicable provisions of this Bylaw.

(4)

Identification of Districts: In the following Table of Use Regulations the Town of Newbury’s
Use Districts are identified by the following abbreviations, in accordance with § 97-2.A.:
[Amended 5-22-2012 ATM, Arts. 21, 22]

R-AG
Agricultural Residential
PR
Parker River Residential
R-LB
Residential-Limited Business
BVB
Byfield Village Business
CH
Commercial Highway
CHA
Commercial Highway A
LIB
Light Industrial Byfield
UGB
Upper Green Business
BLI
Business and Light Industrial
PRM
Parker River Marine
[1] Editor’s Note: The Table of Use Regulations is included at the end of this Chapter.

ATM Warrant Articles 27, 28, 29

Page 17 of 218

May 5, 2026

Article IV
REGULATIONS OF OVERLAY DISTRICTS
§ 97-4 Regulations of Overlay Districts.
A.

General.
(1)

B.

The following special districts are superimposed over specific parts of the Town (as
described within each overlay district), and may establish requirements over and above those
described in the respective underlying districts. All applicable regulations, whether Federal,
State, or local, if more restrictive, shall also apply.

Water Supply Protection.
(1)

(2)

Purpose:
(a)

To promote the health, safety, and general welfare of the community by ensuring an
adequate quality and quantity of drinking water for the residents, institutions, and
businesses of the Town of Newbury;

(b)

To preserve and protect existing and potential sources of drinking water;

(c)

To conserve the natural resources of the Town of Newbury; and

(d)

To prevent temporary and permanent contamination of the environment.

Applicability: Notwithstanding the above, these provisions shall not apply to the MBTA
Communities Multi-Family Overlay District (MCMOD).

(23) Allowed Uses:
(a)

Residential development, subject to § 97-3C(2) 4.B.(4) (Prohibited Uses) and § 973C(3) 4.B.(5) (Uses and Activities by Special Permit);

(b)

Maintenance, repair, and enlargement of any existing structure, subject to § 97-3C(2)
4.B.(4) (Prohibited Uses) and § 97-3C(3) 4.B.(5) (Uses and Activities by Special
Permit);

(c)

Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to
§ 97-3C(2) 4.B.(4) (Prohibited Uses) and § 97-3C(3) 4.B.(5) (Uses and Activities by
Special Permit);

(d)

Normal operation and maintenance of existing water bodies and dams, splash boards,

ATM Warrant Articles 27, 28, 29

Page 18 of 218

May 5, 2026

and other water control, supply, and conservation devices;
(e)

Construction, maintenance, repair, and enlargement of drinking water supply related
facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels.
Underground storage tanks related to these activities are not categorically permitted;

(f)

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

(g)

Nature study and outdoor recreation, including play areas, boating, fishing, swimming,
and hunting where otherwise legally permitted;

(h)

Conservation of soil, water, plants, and wildlife; [Amended 5-23-2006 ATM Art. 17]

(i)

Religious or Non-profit Educational Uses;

(j)

Non-profit Community and/or Neighborhood Centers;

(k)

Retail stores, established for the benefit and convenience of the local general public
provided such use is a permitted use in the underlying zoning district;

(l)

Restaurants without "drive-thru" facilities or taverns provided such use is a permitted
use in the underlying zoning district;

(m) Business, professional and general offices provided such use is a permitted use in the
underlying zoning district.
(34) Prohibited Uses:
(a)

Landfills and open dumps as defined in 310 CMR 19.006;

(b)

Storage of liquid petroleum products, except for the following:
01) Normal household use, outdoor maintenance, and heating of a structure;
02) Waste oil retention facilities required by MGL Chapter 21, Section 52A;
03) Emergency generators required by statute, rule, or regulation;
04) Treatment works approved under 314 CMR 5.00 for treatment of ground or
surface waters, provided that storage, listed in items § 97-4B(3)(b) 01) through
§ 97-4B(3)(b) 04) above is in free-standing containers within buildings or above
ground with secondary containment adequate to contain a spill the size of the
container's total storage capacity.

(c)

Landfills receiving only wastewater residuals and/or septage (wastewater residuals
"monofills") approved by the Department pursuant to MGL. c. 21, section 26 through

ATM Warrant Articles 27, 28, 29

Page 19 of 218

May 5, 2026

53; MGL. c. 11 section 17; MGL. c. 83, sections 6 and 7, and any regulations
promulgated hereunder;
(d)

Storage of de-icing chemicals unless such storage, including loading areas, is within a
structure designed to prevent the generation and escape of contaminated runoff or
leachate;

(e)

Storage of animal manure unless covered or contained so as to prevent the escape of
contaminated leachate or runoff in accordance with the specifications of the Natural
Resources Conservation Services;

(f)

Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth
material (including mining activities) to within 6 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 building
foundations, roads, utility works, freshwater ponds, and individual sewage disposal
systems;

(g)

Facilities that generate, treat, store, or dispose of hazardous waste subject to MGL
Chapter 21C and 310 CMR 30.00, except the following:
01) Very small quantity generators as defined under 310 CMR 30.00;
02) Household hazardous waste collection centers and events operated pursuant to
310 CMR 30.390;
03) Waste oil retention facilities required by MGL Chapter 21, Section 52A;
04) Water remediation treatment works approved under 314 CMR 5.00 for the
treatment of contaminated ground or surface waters;

(h)

Automobile graveyards and junkyards, as defined in MGL Chapter 140B, Section 1;

(i)

Truck terminals, truck maintenance terminals, bus maintenance terminals, commercial
car washes;

(j)

Discharge to the ground of non-sanitary waste water including industrial and
commercial process waste water except:
01) Replacement or repair of an existing treatment works that will not result in a
design capacity greater than the design capacity of the existing treatment works;
02) Treatment works approved by the Massachusetts Department of Environmental
Protection designed for the treatment of contaminated ground or surface water
operating in compliance with 314 CMR 5.05(3) or 5.05(13);

ATM Warrant Articles 27, 28, 29

Page 20 of 218

May 5, 2026

03) Storage of liquid hazardous materials, as defined in MGL Chapter 21E, unless in
a free-standing container within a building or above ground with secondary
containment adequate to contain a spill the size of the container's total storage
capacity;
04) Industrial and commercial uses which discharge process wastewater on site;
05) Stockpiling and disposal of snow and ice containing de-icing chemicals if brought
in from outside the District;
06) Storage of commercial fertilizers and soil conditioners, as defined in MGL
Chapter 128, Section 64, unless such storage is within a structure designed to
prevent the generation and escape of contaminated leachate or runoff;
07) Use of septic system cleaners which contain toxic or hazardous chemicals.
(k)

Public works department and garage; [Added 5-24-2011 ATM, Art. 23]

(l)

Cemetery, municipal or private; [Added 5-24-2011 ATM, Art. 23]

(m) Contractor’s yard. [Added 5-24-2011 ATM, Art. 23]
(45) Uses and Activities Bby Special Permit
(a)

District boundary disputes:
01) If the location of the District boundary in relation to a particular parcel is in doubt
or dispute, resolution of the boundary dispute 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;
02) The burden of proof shall be upon the owner(s) of the parcel in question to show
where the bounds should properly be located. At the request of the owner(s), the
Town may engage a professional civil or sanitary 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 all or part of the cost of the investigation;
03) The determination of the location and extent of Zone II shall be in conformance
with the criteria set forth in 310 CMR 22.00 and in the DEP's Guidelines and
Policies for Public Water Systems.

(b)

The following uses and activities are allowed only upon the issuance of a Special
Permit by the Select Board under such conditions as the Board may require:

ATM Warrant Articles 27, 28, 29

Page 21 of 218

May 5, 2026

01) Enlargement or alteration of existing uses that do not conform to the Water
Supply Protection District;
02) Construction of dams or other water control devices, ponds, pools, or other
changes in water bodies or courses, created for swimming, fishing, or other
recreational uses, agricultural uses, or drainage improvements. Such activities
shall not adversely affect water quality or quantity;
03) Any use that will render impervious more than 15% or 2,500 square feet of any
lot, 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 stormwater infiltration basins or similar systems 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.
04) Indoor and outdoor recreation areas and facilities, including, but not limited to,
play grounds, health and fitness centers, miniature golf, golf driving range,
batting cage, tennis courts, skating rink, boating, fishing, swimming, and hunting
where otherwise legally permitted; [Added 5-24-2011 ATM, Art. 23]
05) Establishment selling, servicing, and/or renting new and/or used automobiles,
trucks, aircraft, boats, motorcycles, and household and camping trailers, and
enclosed repair facilities accessory thereto; [Added 5-24-2011 ATM, Art. 23]
06) Funeral home or mortuary establishments; [Added 5-24-2011 ATM, Art. 23]
07) Mini-storage warehouses; [Added 5-24-2011 ATM, Art. 23]
08) Boat building/sales/service/storage/rental/transport. [Added 5-24-2011 ATM,
Art. 23]
(56) Procedures for issuance of special permit.
(a)

A special permit shall be granted if the Select Board determines, in conjunction with
the Board of Health, the Conservation Commission, the Byfield Water District for
projects within the boundaries of the BWD, Board of Water Commissioners, and the
Planning Board, that the intent of this bylaw, as well as its specific criteria, are met.
The Select Board shall not grant a special permit under this section unless the
petitioner's application materials include, in the Board's opinion, sufficiently detailed,
definite, and credible information to support positive findings in relation to the
standards given in this section. The Select Board shall document the basis for any

ATM Warrant Articles 27, 28, 29

Page 22 of 218

May 5, 2026

departures from the recommendations of other Town boards in its decision.
(b)

Upon receipt of the special permit application, the Select Board shall transmit one copy
each to the Board of Health, the Conservation Commission, the Byfield Water District
for projects within the boundaries of the BWD, Board of Water Commissioners, and
the Planning Board for their written recommendations. Failure to respond in writing
within 35 days of receipt shall indicate approval or no desire to comment by said
agencies. The requisite five (5) number of copies of the special permit application shall
be furnished by the applicant.

(c)

The Select Board may grant the required special permit only upon finding that the
proposed use meets the following standards, those specified in § 97-11C of this bylaw,
and any regulations or guidelines adopted by the Board of Appeals. The proposed use
must:
01) In no way, during construction or thereafter, adversely affect the existing or
potential quality or quantity of water that is available in the Water Supply
Protection District; and
02) Be designed to avoid substantial disturbance of the soils, topography, drainage,
vegetation, and other water-related natural characteristics of the site to be
developed.

(d)

The Select Board may adopt specific requirements to govern design features of
projects. Such requirements shall be consistent with all subdivision Site Plan Review
regulations adopted by the Planning Board.

(e)

The application shall be consistent with the application requirements for Site Plan
Review. The applicant shall file five (5) copies of a site plan and attachments. The site
plan shall be drawn at a proper scale as determined by the Board of Appeals and be
stamped by a professional engineer. All additional submittals shall be prepared by
qualified professionals. The site plan and its attachments shall include, at a minimum,
the following information where pertinent:
01) A non-refundable application fee of $500, plus $1000 or sufficient funds, as
determined by the Board of Appeals, to ensure review of the plan as needed by
independent engineers or other professions as provided in MGL Chapter 44
Section 53G. Said review fees shall be used only for engineering or other
professional services related to the review of the permit application. The
application fee and review fees shall be as set forth in the Rules and
Regulations adopted by the SPGA.
02) In addition to the Site Plan Review requirements, the application shall
include aA complete list of chemicals, pesticides, herbicides, fertilizers, fuels,

ATM Warrant Articles 27, 28, 29

Page 23 of 218

May 5, 2026

and other potentially hazardous materials to be used or stored on the premises in
quantities greater than those associated with normal household use.
03) For those activities using or storing such hazardous materials, a Hazardous
Materials Management Plan shall be prepared and filed with the Board of Health
and the Fire Chief. The Plan shall include:
a) Provisions to protect against the discharge of hazardous materials or wastes
to the environment due to spillage, accidental damage, corrosion, leakage, or
vandalism, including spill containment and cleanup procedures;
b) Provisions for indoor, secured storage of hazardous materials and wastes on
impervious floor surfaces;
c) Evidence of compliance with the Regulations of the Massachusetts Hazardous
Waste Management Act 310 CMRa 30.00, including obtaining an EPA
identification number from the Massachusetts Department of Environmental
Protection;
(f)

Should the Select Board deem the proposed activity a potential groundwater
threat, the applicant shall provide a site plan showing Pproposed down-gradient
location(s) for groundwater monitoring well(s), should the Select Board deem the
activity a potential groundwater threat;

(g)

The Select Board shall hold a public hearing, in conformity with the provisions of
MGL Chapter 40A., Section 9, within 65 days after the filing of the application and
after the review by the Town Boards, Departments, and Commissions. Notice of the
public hearing shall be given by publication and posting and by first-class mailings to
"parties of interest" as defined in MGL Chapter 40A, Section 11. The decision of the
Select Board and any extension, modification, or renewal thereof shall be filed with the
Board and Town Clerk within 90 days following the closing of the public hearing.
Failure of the Board to act within 90 days shall be deemed as a granting of the permit.
However, no work shall commence until a certification is recorded as required by said
Section 11;

(h)

Written notice of any violations of this Section shall be given by the Building Inspector
Commissioner to the responsible person as soon as possible after detection of a
violation or a continuing violation. Notice to the assessed owner of the property shall
be deemed notice to the responsible person. Such notice shall specify the requirement
or restriction violated and the nature of the violation, and may also identify the actions
necessary to remove or remedy the violations and preventive measures required for
avoiding future violations and a schedule of compliance. A copy of such notice shall
be submitted to the Board of Health, Conservation Commission, Water Department,
and Planning Board. The cost of containment, cleanup, or other action of compliance

ATM Warrant Articles 27, 28, 29

Page 24 of 218

May 5, 2026

shall be borne by the owner and operator of the premises. For situations that require
remedial action to prevent adverse impact to the water resources within the Water
Supply Protection District, the Building Inspector Commissioner, the Board of Health,
or their agents, may order the owner or operator of the premises to remedy the violation.
If said owner and/or operator fails to comply with said order, the Building Inspector
Commissioner, the Board of Health, or their agents, if authorized to enter upon such
premises under the terms of the special permit or otherwise, may act to remedy the
violation. The cost of remediation shall be the sole responsibility of the owner and
operator of the premises.
C.

Wireless Communications Facilities [Added 4-24-2001 ATM, Art. 26; amended 6-26-2001 STM,
Art. 7; 5-24-2011 ATM, Art. 23; 4-23-2019 ATM, Art. 22; 4-26-22 ATM, Art. 21]
(1)

Purpose:
a)

The purpose of this Zoning Bylaw is to establish regulations for the placement,
construction and modification of Wireless Communications Facilities (WCF) through
which Wireless Communications Services (WCS) may be provided while preserving
and protecting the public health, safety and general welfare. Specifically, these WCF
regulations have been created to:
01) Protect the general public from hazards associated with WCFs;
02) Minimize visual impacts from WCFs;
03) Protect the scenic, historic, natural and human-made resources of the Town;
04) Protect property values;
05) Enable the provision of Personal Wireless Services (PWS) in a manner consistent
with federal law;
06) Enable the town to enjoy the benefits of an effective wireless communications
infrastructure.

(2)

Tower Use Restrictions.
a)

A Wireless Communications Tower District (WCTD) has been created to enable
wireless communications services to operate on tower-mounted facilities. A Wireless
Communications Tower (WCT) may be erected by special permit in the following
locations:
01) Business/Light Industrial District.

b)

New WCTs are allowed by Special Permit and site plan review and approval from the

ATM Warrant Articles 27, 28, 29

Page 25 of 218

May 5, 2026

Planning Board in the WCTD, initially for the deployment of Personal Wireless Service
Facilities (PWSF), pursuant to the Town of Newbury Zoning Bylaw and subject to the
criteria and to site plan approval as set forth in this Zoning Bylaw. Additional WCFs,
including without limitation, PWSFs, may be added to lawfully existing WCTs through
the Special Permit process and/or the Eligible Facilities Request process, as applicable.
Approval of a new WCF is subject to the following determinations by the Planning
Board:
01) The benefits to the Town outweigh any adverse effects of the proposed tower and
facility in view of the particular characteristics of the site and its surroundings.
02) The communications needs served by the proposed WCT are of substantial
benefit to the Town;
03) Traffic flow and safety, including parking and loading are not significantly
impacted;
04) The proposed WCT does not significantly impact the adequacy of utilities and
other public services;
05) The proposed WCT does not significantly impact neighborhood character and
natural environment, including, without limitation, aesthetics, visual blight and
noise;
06) The proposed facility is consistent with the requirements of Site Plan Review set
forth in section 97-9;
07) Potential fiscal impacts, including impacts on Town services, tax base and
employment are not detrimental;
08) Potential hazards due to radio frequency energy, operations (such as falling object
risks), traffic and other relevant factors, are appropriately addressed.
c)

A WCT may be erected only in the WCTD, subject to the following conditions:
01) To the extent feasible, all PWS providers shall collocate their antennas on a single
tower, unless limiting a tower’s collocation capacity produces a demonstrably
better result, singly and collectively, balancing the visual and other impacts of a
single tall tower with the potential impacts of multiple shorter towers or other
solutions to address the needs of providing service to an area of Town. Towers
shall be designed to structurally accommodate the maximum technically
practicable number of foreseeable users for their approved height;
02) New towers shall be considered only upon a finding by the Planning Board that
existing or approved towers, or alternatives involving other i) existing structures

ATM Warrant Articles 27, 28, 29

Page 26 of 218

May 5, 2026

or ii) placements of WCF antennas in the public way, cannot address the coverage
needs with less overall impact;
03) Any new WCT shall be of the monopole type only and no lattice or guy-wire
towers shall be permitted, unless the Planning Board finds an alternative design,
including without limitation, disguised or camouflage design is an appropriate
solution for the context of the site and surroundings.
04) The highest point of any tower or of any antenna or any component thereof or
attachment thereto, with the exception of lightning rods and public safety
antennas, shall not exceed whichever is greater: 65 feet above ground or such
greater height necessary to provide adequate service based on a finding that the
applicant has made a substantial showing of the need for the height and the lack
of less impactful alternatives.
05) Finished grades shall not be distorted above the preexisting natural grades to
achieve additional height.
06) A WCT shall not be erected nearer to any property line than a distance equal to
the vertical height of the WCT with appurtenances, measured at the mean finished
grade of the tower base. Upon finding that a better result is obtained by reducing
the setback by up to 50% of the height of the tower facility, the Planning Board
may reduce this requirement.
07) The area around a tower, including its communication equipment and shelters,
shall be completely fenced for security to a height of six feet, and gated; and a
sign shall be posted on or adjacent to all entry gates indicating the facility owner
and a twenty-four-hour emergency telephone number. The Planning Board may
waive this requirement if it finds the site design provides for the necessary
security in another way.
(3)

General Use Restrictions.
a)

WCFs are permitted in all districts subject to the following requirements, provided that
new tower-based WCFs are further limited to the WCTD.

b)

To the extent feasible, all utility interconnections to a WCF shall be via underground
lines, except where existing overhead lines may be utilized. The Planning Board may
waive this requirement upon a finding that the installation of new overhead lines is
substantially not visible to adjacent properties.

c)

Existing on-site vegetation shall be preserved to the maximum extent practicable.

d)

The WCF shall minimize, to the extent feasible, adverse visual effects on the
environment. The Planning Board may impose reasonable conditions to ensure this

ATM Warrant Articles 27, 28, 29

Page 27 of 218

May 5, 2026

result, including concealments and mitigations such as: camouflage, screening,
architectural design, height or other visibility limitations, and painting and lighting
requirements or limitations.

(4)

e)

Traffic associated with the WCF shall not adversely affect abutting ways.

f)

The applicant shall obtain written, legally valid and binding authorization for the use
of each facility site/structure from the owner(s) thereof.

g)

Applicants shall demonstrate the proposed use, expanded to its projected maximum
capacity, will be compliant with federal requirements regarding the limitation of human
exposure to radio frequency energy.

h)

Noise generated by any WCF, including auxiliary generators, shall not exceed 50 dBA
at ground level at any non-residential property line and 35 dBA at any residential
property line. The Planning Board may waive this restriction on a finding that the
applicant demonstrated by professional technical analysis the noise generated by the
facility is essentially inaudible to the public, based on the submittal requirements in
Section 4. Generators may be excepted from this criterion, provided the Planning Board
may require generator noise mitigation to minimize generator noise nuisance.

i)

A WCF may be installed on an existing structure, provided the installation is
compatible with the context of its surroundings. Such facilities will employ best
practices to design a facility that does not appear visually objectionable, denigrate the
historic or scenic fabric of the community, produce visual blight, obscure scenic or
safety viewlines, or conflict with the character of its surroundings. The Planning Board
may require such facilities to be concealed by architectural features consistent with the
location, camouflaged by coloring and/or shape, and/or screened by vegetation or other
construction. Camouflage/concealment solutions are preferred not only because they
improve visual impacts, but also because they establish performance requirements for
future collocators and for modifications under “Eligible Facilities Requests” criteria
imposed under federal law. Under the federal Eligible Facilities Request criteria, a new
WCF operator might be allowed by right to join a structure or building with an existing
approved WCF, unless the existing WCF has been permitted with conditions that give
the permit granting authority more control over future WCF collocators.

j)

Heights of existing structures, other than WCTs, may be increased by up to 12 feet for
attachment of antennas and related hardware, subject to the visual impact and other
criteria in this bylaw. Such heights may exceed the height limit for the zoning district.

Submittal requirements.
a)

As part of any application for a special permit for a WCF, applicants shall determine
whether the application is also subject to the Town of Newbury Site Plan Review

ATM Warrant Articles 27, 28, 29

Page 28 of 218

May 5, 2026

regulations (Ch. 97 Art. IX, §97-9.A) Clause (4) Review Thresholds and include all
material required for site plan review applications with the special permit application.
When the special permit submission requirements overlap any site plan review
submission requirements, a single submission addressing the overlapping requirements
is acceptable. Notwithstanding the foregoing, all applications for a new WCT shall be
considered Level II – Major Projects for the purposes of site plan review. Applicants
that are required to comply with federal National Environmental Policy Act (NEPA)
requirements shall submit their NEPA report with their application in support of their
site plan review submission requirements. The Planning Board may waive any Site
Plan Review submission requirements it deems not relevant to the application.
b)

Applicants for a new or modified WCT shall describe the capacity of any tower,
including the number and types of antennas and associated equipment to be mounted
on the tower, and the number of projected collocators that it can accommodate, and the
basis for the calculation of tower capacity.

c)

The applicant for any WCF or WCT shall describe and show any accessory structures,
equipment, utilities and other related development required to build and operate the
facility.

d)

Applicants shall submit:
01) The name and address of the applicant and all agents of the applicant and of all
legal and beneficial owners of the site or sites proposed for a wireless
communication facility, copies of all instruments, options, contracts or
encumbrances affecting ownership of the site or sites;
02) A copy of the applicant's FCC license (and/or the licenses of any other WCF
operators committed to using the facility, accompanied by evidence of such
commitment);
03) Applications for a new WCT shall include a PWS provider as co-applicant or
evidence of a binding commitment by a PWS provider to occupy the WCT upon
installation.
04) An instrument executed by all persons or entities owning the property (site and
structure, if the owners are different) proving that the applicant is authorized by
them to make the application and agreeing to comply with provisions of this
Zoning Bylaw;
05) A statement signed by the applicant, on oath and under penalties of perjury, that
all information included in the submittal is materially accurate, true, complete and
verifiable. Inaccurate, misleading or false information shall be grounds for
disapproval of the application or revocation of approval;

ATM Warrant Articles 27, 28, 29

Page 29 of 218

May 5, 2026

06) Plans and other information identifying the site proposed, including:
(a) A map at an appropriate scale (to be determined by the Planning Board),
showing lot lines of the subject property and of all properties within 500 feet
of the perimeter of the facility and showing the footprint of all buildings on
all such properties;
(b) Location on a copy of the Town Maps of the zoning district, including any
overlay district, applicable to such properties;
(c) The heights of all existing buildings and structures on such properties and the
height of any proposed new structure on the subject property;
(d) If a WCT is proposed: height of existing tree cover on such properties,
specifying heights and principal species.
(e) Plans and elevation drawings showing the design of the proposed facility, site
development requirements, contours, grade changes, utilities, structures and
fences, and environmental characteristics (such as wetlands and flood zones).
07) Photographs depicting views of the proposed WCF from locations off the parcel.
For WCT applications, the applicant shall be required to conduct a balloon/crane
test at the location of a proposed tower or antenna to show its height and visibility.
(a) Such test shall be conducted two weeks prior to the public hearing and shall
be advertised at the applicant's expense in a newspaper of general circulation
in Newbury at least one week prior to the test.
(b) Written notice of the test shall also be given to the owners of property within
300 feet of the proposed property.
(c) A photosimulation report from a balloon/crane test, including report
methodology, existing and simulated view photos, and map of photo
locations. Photosimulations photographs shall be made with a focal length
equivalent to a reference 35 mm film “full-frame” camera equipped with 5055 mm focal length lens.
(d) To improve efficiency, the Planning Board may delegate the oversight of a
balloon test to staff, including determining whether a balloon test should
occur prior to application or be left to the Planning Board’s discretion in the
hearing.
(e) A complete description, including, but not limited to, data, drawings,
catalogs, brochures, manufacturers' specifications, photographs and all other
pertinent information relevant to the proposal describing antennas, equipment
ATM Warrant Articles 27, 28, 29

Page 30 of 218

May 5, 2026

mounts and all other equipment and structures proposed for the site or related
to the proposal; plus all of the information required by Bylaw.
(f) Data as to noise, certified by an acoustical engineer, demonstrating
compliance with the noise requirement in Section (3) above. Alternatively,
the applicant may request a waiver of strict compliance with the noise
requirement by providing a report from an acoustical engineer using quietesthour 90th percentile background noise measurements of existing ambient
noise and projections of the noise contribution of the proposed WCF to
demonstrate the WCF noise will not be a nuisance to the community. The
Planning Board may waive these submission requirements upon a finding that
the general noise information submitted with the application is sufficient,
which, for example, might apply to a proposed WCF with no noise-generating
components or with indoor installation of equipment.
(g) If the applicant intends to assert that non-approval of the requested special
permit would constitute an effective prohibition of Personal Wireless Services
under the Telecommunications Act of 1996, the applicant shall include
substantial evidence demonstrating:
i) that there is a significant gap in service (coverage, for example),
ii) there are no better alternatives available, and
iii) if applicable, how a non-approval would materially inhibit the applicant’s
ability to provide Personal Wireless Services.
(5)

Review and action by the Planning Board. The Planning Board shall review and act upon an
application for a special permit (and, when applicable, site plan review and approval) for a
WCF in accordance with applicable provisions of MGL c. 40A, §§ 9 and 11; and in
accordance with this Zoning Bylaw; and:
a)

Shall make such investigation as it deems appropriate to determine whether the
application meets the requirements of § 97-4.C.(2) through § 97-4.C.(4);

b)

May engage a radio frequency engineer, an acoustic engineer and such other
professional consultants as it deems necessary to assist and advise it in its investigation
and determination, whose services will be paid for by the applicant;

c)

Shall require of each applicant and each holder of a special permit and site plan
approval hereunder reasonable deposit for and reimbursement of all fees for the
employment of appropriate consultants, which deposit shall be requested and held only
for a specific inquiry by the Town in accordance with G.L. c. 44 sec. 53G;

d)

Notice to parties in interest shall be given in accordance with the requirements under

ATM Warrant Articles 27, 28, 29

Page 31 of 218

May 5, 2026

MGL Ch. 40A;
e)

(6)

(7)

(8)

Shall render a written decision based on substantial evidence in the record within any
statutory time limits established under state and federal law, including applicable
tolling or extensions thereof.

Small Wireless Facilities Outside Rights-of-Way.
a)

The purpose and intent of this bylaw section is to permit regulation of the installation
of Small Wireless Facilities outside of rights-of-way so as to respect the neighborhood
characteristics in which they are proposed, consistent with the purposes set forth in §
97-4.C.(1) and with federal and state law.

b)

All installations of Small Wireless Facilities outside of rights-of-way require a Special
Permit. The Special Permit Granting Authority for Small Wireless Facilities outside
rights-of-way is the Planning Board.

c)

The Planning Board shall adopt and from time to time amend policies, rules, and
regulations relative to the issuance of special permits under this Section §97-4.C.6. A
copy of the policies, rules, and regulations shall be on file with the Town Clerk. Such
rules shall prescribe the form, contents, style, and number for application forms, the
fees collectible with the applications, the process by which the application will be
reviewed, the design and location criteria for approval, the time within which the
Planning Board will issue a decision, and requirements for recertification.

Monitoring and inspections.
a)

If a wireless communications facility is determined to be in violation of any of the
provisions of the special permit and/or site plan approval or any other applicable law
or regulation, the Planning Board shall cause to be served on the operator of the facility
and the owner of the land on or from which the violation is caused notice of such
violation.

b)

The Building Commissioner and/or the Planning Board may, upon reasonable concern
regarding compliance with specific performance requirements, require the permittee(s)
to respond with proof of compliance and may engage the services of independent expert
consultants to assess compliance or review the permittee’s response. Permittees must
respond in a timely way (within 24 hours for an indicated life-threatening emergency,
otherwise 14 days for routine requests for response). Failure to respond in good faith
or to pay reasonable fees for independent consultants may result in revocation of the
special permit by the Planning Board or the occupancy/use permit by the Building
Commissioner, as applicable.

Compliance and violations.

ATM Warrant Articles 27, 28, 29

Page 32 of 218

May 5, 2026

a)

Every WCF for which a special permit is granted hereunder shall continue at all times
to comply with the provisions thereof and of this Zoning Bylaw; and the holder of such
special permit shall comply with requirements of the Planning Board in fulfillment of
the provisions for monitoring herein.

b)

Every WCF and every application for a special permit for such facility shall comply
with all other applicable provisions of this Zoning Bylaw, including, without limitation,
requirements with respect to:
01) The permit application;
02) Special permits;
03) Signs and exterior lighting;
04) Site plan approval for WCTs and for any other WCF that satisfies the criteria for
site plan review and approval.

(9)

Modifications and Eligible Facilities Requests.
a)

Any modifications to an already approved WCF not defined as an Eligible Facilities
Request defined herein, shall be made through the special permit/site plan review and
approval process described above. Such modifications involving new permittees at
existing permitted sites shall require an application for a new special permit. Such
modifications of existing permitted facilities may be reviewed as an application for a
special permit modification, if applicable. The foregoing apply also to Eligible
Facilities Requests, to the extent as outlined in (b) below and to the extent allowed by
law.

b)

Request for Modification of Eligible Facilities.
01) Submission Requirements. Applications for an Eligible Facilities Request shall
be filed with the Building Commissioner. Applications shall contain information
in sufficient detail, including without limitation site plans and drawings of
existing and proposed conditions, to demonstrate the proposed modifications
satisfy the following requirements:
(a) The currently operating WCF is constructed and maintained in compliance
with its existing permit(s), including but not limited to its dimensions and
appearance as permitted;
(b) Such information as is necessary to demonstrate that the modifications are
within the limits established for Eligible Facilities Requests under federal law
and such information as is necessary to demonstrate compliance with the
existing permit to the extent it is not superseded by federal law, and applicable

ATM Warrant Articles 27, 28, 29

Page 33 of 218

May 5, 2026

safety regulations including without limitation, building codes, noise and
radio frequency energy exposure;
(c) To render a determination on whether an application is an Eligible Facilities
request, the Building Commissioner may require the applicant to provide
documentation or information only to the extent reasonably related to
determining whether the request meets the requirements of an Eligible
Facilities Request. The Building Commissioner may not require an applicant
that is asserting in writing that the application is an Eligible Facilities Request
to submit any other documentation, including but not limited to
documentation intended to illustrate the need for such wireless facilities or to
justify the business decision to modify such wireless facilities.
c)

Review process.
01) The Building Commissioner shall conduct an initial review of the application to
determine: 1) whether the application is a bona fide Eligible Facilities Request,
and 2) whether the application is complete. The Building Commissioner shall
notify the applicant within thirty (30) days of receipt of the application if the
application is deemed incomplete and/or whether the application is not an Eligible
Facilities Request or requires the determination of the Planning Board as to its
eligibility. Such notice shall delineate all missing documents or information.
02) If the Building Commissioner determines that the facts of the application require
the judgment of the Planning Board to determine whether an application is an
Eligible Facilities Request (such as for interpreting whether a proposal
qualitatively defeats the intent of a previously approved camouflage design), the
Building Commissioner shall timely refer the application to the Planning Board
for an opinion on whether the application qualifies as an Eligible Facilities
Request. The Planning Board, or staff, if so delegated by the Planning Board,
shall respond in a timely manner, being cognizant of the federal shot clock for
Eligible Facilities Requests.
03) If the application is determined to be an Eligible Facilities Request, and otherwise
complies with applicable safety regulations, the Building Commissioner may not
deny and shall approve the application, with such conditions as may be necessary
to maintain safety code compliance.
04) If the application is determined not to be an Eligible Facilities Request, the
Building Commissioner shall provide the applicant with an explanation in
writing.
05) If an applicant that is aggrieved by the Building Commissioner failing to make a
determination in favor of a claimed Eligible Facilities Request timely files an

ATM Warrant Articles 27, 28, 29

Page 34 of 218

May 5, 2026

appeal with the Zoning Board of Appeals, the Zoning Board of Appeals shall
conduct its appeal review. The Zoning Board of Appeals may consult with the
Planning Board or staff, if so delegated by the Planning Board, who shall respond
in a timely manner, being cognizant of the federal shot clock for Eligible Facilities
Requests but shall not be required to do so.
06) Approval. Within sixty (60) days of the filing of a bona fide Eligible Facilities
Request, plus any time that may be excluded pursuant to a tolling for
incompleteness or by agreement between the applicant and the Building
Commissioner, the Building Commissioner shall complete the statutory review
under building, electrical and other relevant safety codes. If the bona fide Eligible
Facilities Request application is deemed compliant under statutory review, the
Building Commissioner must approve the application.
07) As of the date of adoption of this bylaw, federal regulations specified
requirements for state/local government review of Eligible Facilities Requests.
Those requirements in 47 CFR 1.6100(c) Review of applications, are included for
reference, below. Section 1.16100(b) Definitions, is omitted here, as the
Definitions herein are based on Section 1.16100(b). Section 1.6100(c) is
reproduced below as guidance only, because the regulations can change and caselaw can affect their interpretation:
47 CFR 1.6100(c) Review of applications. A State or local government may not
deny and shall approve any eligible facilities request for modification of an
eligible support structure that does not substantially change the physical
dimensions of such structure.
(1)

Documentation requirement for review. When an applicant asserts in
writing that a request for modification is covered by this section, a State
or local government may require the applicant to provide documentation
or information only to the extent reasonably related to determining
whether the request meets the requirements of this section. A State or local
government may not require an applicant to submit any other
documentation, including but not limited to documentation intended to
illustrate the need for such wireless facilities or to justify the business
decision to modify such wireless facilities.

(2)

Timeframe for review. Within 60 days of the date on which an applicant
submits a request seeking approval under this section, the State or local
government shall approve the application unless it determines that the
application is not covered by this section.

(3)

Tolling of the timeframe for review. The 60-day period begins to run when
the application is filed, and may be tolled only by mutual agreement or in

ATM Warrant Articles 27, 28, 29

Page 35 of 218

May 5, 2026

cases where the reviewing State or local government determines that the
application is incomplete. The timeframe for review is not tolled by a
moratorium on the review of applications.
(i) To toll the timeframe for incompleteness, the reviewing State or local
government must provide written notice to the applicant within 30
days of receipt of the application, clearly and specifically delineating
all missing documents or information. Such delineated information is
limited to documents or information meeting the standard under
paragraph (c)(1) of this section.
(ii) The timeframe for review begins running again when the applicant
makes a supplemental submission in response to the State or local
government's notice of incompleteness.
(iii) Following a supplemental submission, the State or local government
will have 10 days to notify the applicant that the supplemental
submission did not provide the information identified in the original
notice delineating missing information. The timeframe is tolled in the
case of second or subsequent notices pursuant to the procedures
identified in this paragraph (c)(3). Second or subsequent notices of
incompleteness may not specify missing documents or information
that were not delineated in the original notice of incompleteness.
(4)

Failure to act. In the event the reviewing State or local government fails
to approve or deny a request seeking approval under this section within
the timeframe for review (accounting for any tolling), the request shall be
deemed granted. The deemed grant does not become effective until the
applicant notifies the applicable reviewing authority in writing after the
review period has expired (accounting for any tolling) that the application
has been deemed granted.

(5) Remedies. Applicants and reviewing authorities may bring claims related to
Section 6409(a) to any court of competent jurisdiction.
47 CFR 1.6100(c).
(10) Removal.
a)

If a WCT is not substantially in commercial operation for a period of one year, it shall
be removed, and the site shall be returned to its preexisting condition by the owner of
the facility and/or by the owner of the property within 180 days of notice by the Town.
As part of an application for any wireless communications tower, a plan shall be
submitted detailing how the site will be returned to its preexisting condition, including

ATM Warrant Articles 27, 28, 29

Page 36 of 218

May 5, 2026

planting of replacement trees, grading and removal of all structures and waste and any
other work that may be required by the Planning Board.
(11) Exemption.
a)

The following type of wireless communications facilities and towers are exempt from
this Zoning Bylaw:
01) Amateur radio towers and antennas used in accordance with the terms of any
amateur radio service license issued by the FCC, provided that the tower is not
used or licensed for any commercial purpose.
02) Wireless communications facilities constructed by the Town of Newbury for
municipal public safety and operational communications purposes.

(12) Definitions:
a)

Base station. A structure or equipment at a fixed location that enables FCC-licensed or
authorized wireless communications between user equipment and a communications
network. The term does not encompass a tower as defined herein or any equipment
associated with a tower.
01) The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services,
as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
02) The term includes, but is not limited to, radio transceivers, antennas, coaxial or
fiber-optic cable, regular and backup power supplies, and comparable equipment,
regardless of technological configuration (including Distributed Antenna
Systems and small-cell networks).
03) The term includes any structure other than a tower that, at the time the relevant
application is filed, supports or houses equipment described in paragraphs (1)
through (2) above that has been reviewed and approved under the applicable
zoning or other regulatory process, even if the structure was not built for the sole
or primary purpose of providing such support.
04) The term does not include any structure that, at the time the application is filed,
does not support or house equipment described in paragraphs (1) through (2)
above.
(Based on 47 CFR 1.6100)

b)

Eligible Facilities Request. Any request for modification of an existing tower or base

ATM Warrant Articles 27, 28, 29

Page 37 of 218

May 5, 2026

station that does not substantially change the physical dimensions of such tower or base
station, involving:
01) Collocation of new transmission equipment on an eligible support structure;
02) Removal of transmission equipment; or
03) Replacement of transmission equipment.
(Based on 47 CFR 1.6100)
c)

Eligible support structure. Any tower or base station, provided that it is lawfully
existing at the time the application is filed with the Town.
(Based on 47 CFR 1.6100)

d)

Substantial change. A modification substantially changes the physical dimensions of
an eligible support structure if it meets any of the following criteria:
01) For towers other than towers in the public rights-of-way, it increases the height
of the tower by more than 10% or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed twenty feet,
whichever is greater; for other eligible support structures, it increases the height
of the structure by more than 10% or more than ten feet, whichever is greater;
(a) Changes in height should be measured from the original support structure in
cases where deployments are or will be separated horizontally, such as on
buildings' rooftops; in other circumstances, changes in height should be
measured from the dimensions of the tower or base station, inclusive of
originally approved appurtenances and any modifications that were approved
prior to the passage of the Spectrum Act.
02) For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty feet, or more than the width of the tower structure at the
level of the appurtenance, whichever is greater; for other eligible support
structures, it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet;
03) For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and base
stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height

ATM Warrant Articles 27, 28, 29

Page 38 of 218

May 5, 2026

or overall volume than any other ground cabinets associated with the structure;
04) It entails any excavation or deployment outside the current site;
05) It would defeat the concealment elements of the eligible support structure; or
06) It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified in 01) through 04) above.
(Based on 47 CFR 1.6100)
e)

Tower or Wireless Communications Tower (WCT). Any structure built for the sole or
primary purpose of supporting any FCC-licensed or -authorized antennas and their
associated facilities, including structures that are constructed for wireless
communications services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed wireless services such
as microwave backhaul, and the associated site.
(Based on 47 CFR 1.6100)

f)

Wireless Communications Facility (WCF). An installation of equipment belonging to
one party that includes antennas, transmitters and/or receivers, other ancillary
equipment, structural supports, enclosures, and utilities, that uses the radio frequency
spectrum to communicate on one or more frequency bands.

g)

Personal Wireless Service (PWS). Commercial mobile services, unlicensed wireless
services, and common carrier wireless exchange access services (47 USC 332(C)).

h)

Personal Wireless Service Facility (PWSF). A WCF for the provision of Personal
Wireless Services;

i)

Small wireless facilities are facilities that meet each of the following conditions:
01) The facilities:
(a) Are mounted on structures 50 feet or less in height including their antennas
(as defined by the FCC: an apparatus designed for the purpose of emitting
radiofrequency (RF) radiation, to be operated or operating from a fixed
location); or
(b) Are mounted on structures no more than 10 percent taller than other adjacent
structures; or

ATM Warrant Articles 27, 28, 29

Page 39 of 218

May 5, 2026

(c) Do not extend existing structures on which they are located to a height of
more than 50 feet or by more than 10 percent, whichever is greater;
02) Each antenna associated with the deployment, excluding associated antenna
equipment (equipment, switches, wiring, cabling, power sources, shelters or
cabinets associated with an antenna, located at the same fixed location as the
antenna), is no more than three cubic feet in volume;
03) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment
on the structure, is no more than 28 cubic feet in volume;
04) The facilities do not require antenna structure registration under FCC regulations;
and
05) The facilities do not result in human exposure to radiofrequency radiation in
excess of the applicable safety standards.
(Definition derived from 47 CFR §1.6002)
D.

Plum Island.
(1)

Purpose: To reduce damage to public and private property resulting from flood waters;
ensure public safety by reducing threats to life and personal injury; eliminate costs associated
with the response and cleanup of flooding conditions; preserve open space; and, limit the
expansion of nonconforming single and two family structures so as to prevent the
exacerbation of existing problems with density and intensity of use.

(2)

Allowed Uses:
(a)

Municipal uses owned or operated by the Town of Newbury;

(b)

Single family dwellings, subject to the dimensional requirements set forth in the table
below:
01)
02)
03)
04)

(c)
(3)

Maximum Building Height
35 feet*
Maximum Number of Stories
2
Maximum Floor Area Ratio
0.25
Maximum Lot Coverage by Buildings
20%
* See height definition section 97-11D.

Accessory dwelling units in compliance with § 97-10.G.(4)(c).

Prohibited uses: Any use not set forth in § 97-4.D.(2) is prohibited in the PIOD.

ATM Warrant Articles 27, 28, 29

Page 40 of 218

May 5, 2026

(4)

Nonconforming uses and structures, excluding single and two-family structures: The
provisions of the PIOD shall not apply to pre-existing nonconforming structures or uses
lawfully in existence as of [date of enactment].¹ September 25, 2001, the date of enactment
of this § 97-4.D. Nonconforming uses and structures within the PIOD shall not be enlarged
or extended; provided, however, that the following types of changes or alterations to
nonconforming uses or structures in the PIOD may be authorized upon by the grant of a
finding Special Permit for nonconformities by the Board of Appeals upon its
determination that the proposed alteration to the nonconforming structure or use shall
not be substantially more detrimental than the existing nonconforming structure or use
to the neighborhood or the PIOD in the PIOD:
(a)

Change of a pre-existing nonconforming use;

(b)

Change of a pre-existing nonconforming use to another, less detrimental,
nonconforming use;

(c)

Reconstruction or structural change to a nonconforming structure;

(d)

Alteration of a nonconforming structure to provide for a substantially different purpose
or for the same purpose in a substantially different manner.

[1] Editor’s Note: So in original. This chapter was last amended 4-27-1999 ATM by Art.
25; reorganized 5-22-2007 ATM by Art. 23.
(5)

Non-conforming single and two-family residential structures.
(a)

General. No preexisting nonconforming single or two-family residential structure
within the PIOD shall be altered, reconstructed, extended, or structurally changed
except as set forth in this § 97-4D(5).

(b)

Additional Bedroom. One (1) additional bedroom may be created in a lawfully
preexisting nonconforming single or two-family structure with one or two bedrooms,
subject to the applicable regulations set forth in Subsections § 97-4.D(5)(c) and § 974.D(5)(d).

(c)

As of Right Changes. The alteration, reconstruction, or extension of, or change to such
structures may be authorized upon the issuance of a building permit where the Building
Inspector Commissioner determines that such alteration, reconstruction, extension or
change shall:
01) Not increase the footprint of the existing structure; and
02) Not exceed the height of the existing structure, or 35 feet (See height definition
section 97-11D), whichever is lower.

ATM Warrant Articles 27, 28, 29

Page 41 of 218

May 5, 2026

(d)

Special Permit for nonconformities. The alteration, reconstruction, extension of, or
change to such structures to an extent other than that authorized by Subsection § 974.D.(5)(c), may be authorized upon a finding by the grant of a special permit by the
Board of Appeals upon its determination that such alteration, reconstruction,
extension, or change shall not be substantially more detrimental than the existing
nonconforming structure to the neighborhood or the PIOD. The Board of Appeals shall
not make a positive finding grant a special permit for any alteration, reconstruction,
extension of, or change to such structures that would cause such structure to be located
less than ten (10) feet from the side lot line or less than twenty (20) feet from the street
unless a nearer building line is already established by existing buildings or would add
bedrooms in excess of the provisions of § 97-4.D.(5)(b).

(e)

Catastrophe or Demolition: Rebuilding Aas of Rright. A nonconforming single or twofamily residential structure may be demolished and rebuilt or rebuilt after destroyed or
damaged by a catastrophe; provided, however, that:
01) The rebuilt structure shall not exceed the total volume of all demolished or
destroyed structures on the locus; and
02) The rebuilt structure shall not exceed the height of the tallest demolished or
destroyed structure on the locus; and
03) The rebuilt structure shall not contain more than the total number of bed rooms
in all demolished or destroyed structures on the locus; provided, however, that
one (1) additional bedroom may be created where the total number of bedrooms
before the catastrophe or demolition was one (1) or two (2) and a bedroom had
not been added under § 97-4.D.(5)(b); and
04) The rebuilt structure shall not be located less than ten (10) feet from the side lot
line or less than twenty (20) feet from the street unless a nearer building line is
already established by existing buildings; and
05) Such structure shall be rebuilt not more than two years after the demolition or
catastrophe; such period may be extended for one year for good cause shown
upon a written request to the Building Inspector Commissioner; and
06) Any such rebuilding shall be subject to the provisions of § 95-4.A and § 95-4.B
of the Newbury Wetlands Bylaw; and
07) sStructures within the FEMA V-Zone or AO Zone are not eligible for such
findings under the provisions of § 95-4.A and § 95-4.B. of the Newbury Wetlands
Bylaw.

(f)

Catastrophe or Demolition: Rebuilding after a Finding issuance of a special permit

ATM Warrant Articles 27, 28, 29

Page 42 of 218

May 5, 2026

for nonconformities. A nonconforming single or two-family residential structure may
be demolished and rebuilt or rebuilt after destroyed or damaged by a catastrophe so as
to exceed the total volume of all demolished or destroyed structures on the locus and/or
exceed the height of the tallest demolished or destroyed structure on the locus upon a
finding the grant of a special permit for nonconformities by the Board of Appeals.
01) Such structure shall be rebuilt not more than two (2) years after the grant of such
finding special permit; such period may be extended for one (1) year for good
cause shown upon a written request to the Building Inspector Commissioner.
02) Such finding special permit for nonconformities shall be made granted only
upon the determination that the proposed alteration to the nonconforming
structure or use shall not be substantially more detrimental than the existing
nonconforming structure or use to the neighborhood or the PIOD.
03) The rebuilt structure shall not contain more than the total number of bedrooms in
all demolished or destroyed structures on the locus; provided, however, that one
(1) additional bedroom may be created where the total number of bedrooms
before the catastrophe or demolition was one (1) or two (2) and a bedroom had
not been added under § 97-4.D.(5)(b).

E.

(g)

Frontage: No building permit for a single-family residential structure within the PIOD
shall be issued unless the lot to be built upon has frontage on a street.

(h)

Unconstructed ways: No building permit shall be issued for a lot with frontage on an
unconstructed way which does not qualify as a "street" until the Planning Board
approves a plan, prepared by the applicant, demonstrating that the proposed way has
sufficient width and suitable grades to provide for the needs of vehicular traffic in
relation to the proposed use of the land abutting thereon or served thereby and for the
installation of municipal services to serve such land and the building erected or to be
erected thereon and the first course of pavement for such way has been installed in
accordance with such plan, as certified in writing by the Planning Board. No certificate
of occupancy shall be issued for such lot until the second and final course of pavement
has been installed in accordance with such plan, as certified in writing by the Planning
Board.

(i)

Grandfathering Preserved Lots. The provisions of § 97-10.B. of the Zoning Bylaw
shall not apply in the PIOD. The construction of single-family residences in the PIOD
shall be governed by G.L. c. 40A, s. 6. Para. 4.

(j)

The Board of Appeals may grant use variances within the PIOD provided the Board of
Appeals finds that the proposed use is not more detrimental than the current use.

Flood Hazard.

ATM Warrant Articles 27, 28, 29

Page 43 of 218

May 5, 2026

(1)

Purpose: The purposes of the Flood Hazard Overlay District are to:
(a)
(b)
(c)
(d)

(e)
(f)
(2)

Ensure public safety through reducing the threats to life and personal injury;
Eliminate new hazards to emergency response officials;
Prevent the occurrence of public emergencies resulting from water quality,
contamination, and pollution due to flooding;
Avoid the loss of utility services which if damaged by flooding would disrupt or shut
down the utility network and impact regions of the community beyond the site of
flooding;
Eliminate costs associated with the response and cleanup of flooding conditions;
Reduce damage to public and private property resulting from flooding waters.

Use of FEMA maps and supporting studies
The Floodplain District is herein established as an overlay district. The District includes all
special flood hazard areas within Newbury designated as Zone A, AE, AO, or VE on the Essex
County Flood Insurance Rate Map (FIRM) dated July 8, 2025 issued by the Federal Emergency
Management Agency (FEMA) for the administration of the National Flood Insurance Program.
The exact boundaries of the District shall be defined by the 1%-chance base flood elevations
shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS)
report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and
are on file with the Town Clerk, Planning Board, Building Commissioner, and Conservation
Commission.

(3)

Designation of community Floodplain Administrator
The Town of Newbury hereby designates the position of Building Commissioner to be the
official floodplain administrator for the Town.

(4)

Permits are required for all proposed development in the Floodplain Overlay District
The Town of Newbury requires a permit for all proposed construction or other development in
the floodplain overlay district, including new construction or changes to existing buildings,
placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage
facilities or drilling, mining, paving and any other development that might increase flooding
or adversely impact flood risks to other properties.

(5)

Assure that all necessary permits are obtained
The town’s permit review process includes the requirement that the proponent obtain all local,
state and federal permits that will be necessary in order to carry out the proposed development
in the floodplain overlay district. The proponent must acquire all necessary permits, and must
demonstrate that all necessary permits have been acquired.

ATM Warrant Articles 27, 28, 29

Page 44 of 218

May 5, 2026

(6)

In all Zones VE. The following Subsections shall be applicable in all districts of the Town
which are classified on the FIRM as being within Zone VE (coastal high hazard area):
(a)

With respect to all new or substantially improved structures, the application and plans for
the building permit shall provide the elevation (in relation to mean sea level) of the lowest
horizontal structural member of the lowest floor (excluding pilings and columns) and
whether or not such structures contain a basement and, if the structure is to be or has been
flood-proofed, provide the elevation (in relation to mean sea level) to which the structure
is or has been flood-proofed;
(b) All new construction shall be located landward of the reach of mean high tide;
(c) The use of fill for structural support of buildings or other structures shall be prohibited;
(d) Human alterations of sand dunes which would increase potential flood damage shall be
prohibited;
(7)

In all Zones AO. Within all districts in the Town which are classified on the FIRM as being
within Zone AO, adequate drainage paths must be provided around structures on slopes, to
guide floodwaters around and away from proposed structures.

(8)

The provisions of this sub-section shall apply in all districts in the Town which are classified
as being within unnumbered A Zones, Zones AE, Zones AO, and Zones VE.
(a)

All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and all new and replacement sanitary
sewerage systems shall be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters and on-site waste
disposal systems shall be located to avoid impairment to them or contamination from
them during flooding.

(b) 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.
(c)

There shall be obtained, reviewed and reasonably utilized any base flood elevation data
available from a Federal, State or other source as criteria for requiring that all new
construction and substantial improvements of residential structures have the lowest floor
(including basement) elevated to or above the base flood level and all new construction
and substantial improvements of non-residential structures have the lowest floor
(including basement) elevated or flood-proofed to or above the base floor level. The
Building Inspector Commissioner shall obtain the elevation (in relation to mean sea
level) of the lowest habitable floor (including basement) of all new or substantially

ATM Warrant Articles 27, 28, 29

Page 45 of 218

May 5, 2026

improved structures, obtain, if the structure had been flood-proofed, the elevation to
which it has been flood-proofed, and shall maintain a record of all such information.
(d) All subdivision proposals must be designed to assure that:
01) Such proposals minimize flood damage;
02) All public utilities and facilities are located and constructed to minimize or eliminate
flood damage; and
03) Adequate drainage is provided to reduce exposure to flood hazards.
(e)

When proposing subdivisions or other developments greater than 50 lots or 5 acres
(whichever is less), the proponent must provide technical data to determine base flood
elevations for each developable parcel shown on the design plans.

(f)

Existing contour intervals of site and elevations of existing structures may be required to
be included on plan proposal.

(g) In A, AO, A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be
placed on a site must be elevated and anchored in accordance with the zone’s regulations
for foundation and elevation requirements or be on the site for less than 180 consecutive
days or be fully licensed and highway ready.
(9)

Reference to Existing Regulations:
(a)

The Flood Hazard District is established as an overlay district to all other districts. All
development in the district, including structural and non-structural activities, whether
permitted by right or by special permit must be in compliance with Chapter 131, Section
40 of the Massachusetts General Laws and with the following:
- Sections of the Massachusetts State Building Code (780 CMR) which address
floodplain and coastal high hazard areas;
- Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00)
- Inland Wetlands Restriction, DEP (currently 310 CMR 13.00)
- Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00)
- Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15, Title 5);
Any variances from the provisions and requirements of the above-referenced state
regulations may only be granted in accordance with the required variance procedures of
these state regulations.

ATM Warrant Articles 27, 28, 29

Page 46 of 218

May 5, 2026

(b) More restrictive regulations to apply. Where the flood zone regulations set forth in § 974.E., including all sections thereof, impose greater or lesser restrictions or requirements
than those of other applicable Bylaws or regulations, whether Federal, State or local, the
more restrictive restrictions or requirements shall be applicable.
(10) Floodway provisions. In the regulatory floodway designated on the FIRM the following
provisions shall apply:
(a)

All encroachments, including fill, new construction, substantial improvements to existing
structures, and other development are prohibited unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment shall not result in any increase in flood levels
within the community during the occurrence of the base flood discharge;

(b) Notwithstanding the above, encroachments within the adopted regulatory floodway that
would result in an increase in base flood elevations may only be permitted provided that
the Town submits an application for a conditional FIRM and floodway revisions in
accordance with the provisions of 44 CFR 65.12 and receives the approval of the Federal
Insurance Administrator.
(c)

Any encroachment meeting the above standard
the floodplain requirements of the State Building Code;

shall

comply

with

(d) In Zones A and AE, along watercourses that have not had a regulatory floodway
designated, the best available Federal, State, local, or other floodway data shall be used
to prohibit encroachments in floodways which would result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
(11) Flood Hazard Overlay District Variances.
(a)

The Permit Granting Authority may grant a variance from the requirements of § 97-4.E,
including all sections thereof, subject to the requirements of Massachusetts General
Laws, Chapter 40A, § 97-11.B of this By-Law and upon the following conditions and
restrictions:
01) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or on a State Inventory
of Historic Places without regard to the procedures hereinafter set forth;
02) No variance shall be issued within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result;
03) Variances may be issued only for new construction and substantial improvements
to be erected on a lot of one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the base flood level;

ATM Warrant Articles 27, 28, 29

Page 47 of 218

May 5, 2026

04) Variances shall only be issued upon a showing of good and sufficient cause, a
determination that failure to grant the variances would result in exceptional
hardship to the applicant and a determination that the granting of a variance would
not result in increased flood heights, additional threats to public safety,
extraordinary public expenses, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or ordinances, other than the
provisions of § 97-4E. together with all sections thereof, of this Bylaw;
05) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford the relief requested;
06) The Permit Granting Authority shall notify the applicant for a variance in writing
over the signature of the Chairman of the Permit Granting Authority that the
issuance of a variance to construct a structure below the base flood level will result
in increased premium rates for flood insurance up to amounts as high as $25.00 for
$100.00 of insurance coverage and such construction below the base flood level
increased risks to life and property. Such notification shall be maintained with the
records of all variance actions maintained pursuant to requests for variances from
the provisions of § 97-4E, together with all sections thereof.
(12) Permitted Uses: The following uses of low flood damage potential and causing no obstructions
to flood flows are encouraged provided they are permitted in the underlying district and they
do not require permanent structures, fill, or storage of materials or equipment:
(a)

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

(b)

Forestry and nursery uses;

(c)

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

(d)

Conservation of water, plants, wildlife;

(e)

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

(f)

Temporary non-residential structures used for 180 days or less in connection with fishing,
growing, harvesting, storage, or sale of crops raised on the premises;

(g)

Buildings lawfully existing prior to the adoption of these provisions.

(13) In a riverine situation, the Town of Newbury Conservation Agent shall notify the following of
any alteration or relocation of a watercourse:
•

Adjacent Communities

•

NFIP State Coordinator
Massachusetts Dept. of Conservation and Recreation

•

NFIP Program Specialist

ATM Warrant Articles 27, 28, 29

Page 48 of 218

May 5, 2026

Federal Emergency Management Agency, Region I
(14) Requirement to submit new technical data:
If the Town/City acquires data that changes the base flood elevation in the FEMA mapped
Special Flood Hazard Areas, Newbury will, within 6 months, notify FEMA of these changes
by submitting the technical or scientific data that supports the change(s.) Notification shall be
submitted to:
•

NFIP State Coordinator
Massachusetts Department of Conservation and Recreation

•

NFIP Program Specialist
Federal Emergency Management Agency, Region I

(15) Variances to building code floodplain standards
Newbury will request from the State Building Code Appeals Board a written and/or audible
copy of the portion of the hearing related to the variance, and will maintain this record in the
community’s files.
Newbury shall also issue a letter to the property owner regarding potential impacts to the
annual premiums for the flood insurance policy covering that property, in writing over the
signature of a community official that (i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the
base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions for the referenced
development in the floodplain overlay district.
(16) Definitions: As used in this section, the following words and terms shall have the following
meanings:
Area of Special Flood Hazard: The land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. The area may be designated as
Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V.
Base Flood: The flood having a one percent chance of being equaled or exceeded in any given
year.
Coastal High Hazard Area: An area of special flood hazard extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. The area is designated on a FIRM as
Zone V, V1-30, VE.

ATM Warrant Articles 27, 28, 29

Page 49 of 218

May 5, 2026

Development: Any manmade change to improved or unimproved real estate, including but not
limited to building or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials [US Code of Federal Regulations,
Title 44, Part 59].
District: Floodplain district.
Federal Emergency Management Agency (FEMA): The Agency which administers the
National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping
study program for communities as well as regulatory standards for development in the flood
hazard areas.
Flood Boundary and Floodway Map: An official map of a community issued by FEMA that
depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and
the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included
on the FIRM.)
Flood Hazard Boundary Map (FHBM): An official map of a community issued by the Federal
Insurance Administrator where the boundaries of the flood and related erosion areas having
special hazards have been designated as Zone A or E.
Flood Insurance Rate Map (FIRM): An official map of a community on which FEMA has
delineated both the areas of special flood hazard and the risk premium zones applicable to the
community.
Flood Insurance Study: An examination, evaluation, and determination of flood hazards, and,
if appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of flood-related erosion hazards.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height.
Functionally Dependent Use: means aA use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, but does not include long-term storage or related
manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced
Standard ASCE 24-14]
Highest Adjacent Grade: means tThe highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title
44, Part 59]
Historic Structure: means aAny structure that is:

ATM Warrant Articles 27, 28, 29

Page 50 of 218

May 5, 2026

(a) Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior or
(2) Directly by the Secretary of the Interior in states without approved programs.
[US Code of Federal Regulations, Title 44, Part 59]
Lowest Floor: The lowest floor of the lowest enclosed area (including basement or cellar). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage in an area other than a basement area, is not considered a building's lowest floor,
PROVIDED that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of NFIP Regulations 60.3.
Manufactured Home: A structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management purposes the term
"manufactured home" also includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance purposes, the term
"manufactured home" does not include park trailers, travel trailers, and other similar vehicles.
Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
New Construction: For floodplain management purposes, structures for which the "start of
construction" commenced on or after the effective date of a floodplain management regulation
adopted by a community, including any subsequent improvements to such structures. New
construction includes work determined to be substantial improvement. For the purpose of
determining insurance rates, New Construction means structures for which the "start of
construction" commenced on or after the effective date of an initial FIRM or after December
31, 1974, whichever is later.
One-Hundred Year Flood: See Base Flood.
Recreational Vehicle: means aA vehicle which is:

ATM Warrant Articles 27, 28, 29

Page 51 of 218

May 5, 2026

(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
[US Code of Federal Regulations, Title 44, Part 59]
Regulatory Floodway: See Floodway.
Special Flood Hazard Area: The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V,
VO, VE or V1-30. [Base Code, Chapter 2, Section 202]
Start of Construction: The date of issuance for new construction and substantial improvements
to existing structures, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement or other improvement is within 180 days after the date of
issuance. The actual start of construction means the first placement of permanent construction
of a building (including a manufactured home) on a site, such as the pouring of a slab or
footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation,
grading or filling), the installation of streets or walkways, excavation for a basement, footings,
piers or foundations, the erection of temporary forms or the installation of accessory buildings
such as garages or sheds not occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual “start of construction” means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether or not that alteration affects
the external dimensions of the building. [Base Code, Chapter 2, Section 202]
Structure: For floodplain management purposes, a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well as a manufactured
home. Structure, for insurance coverage purposes, means a walled and roofed building, other
than a gas or liquid storage tank, that is principally above ground and affixed to a permanent
site, as well as a manufactured home on foundation. For the latter purpose, the term includes a
building while in the course of construction, alteration, or repair, but does not include building
materials or supplies intended for use in such construction, alteration, or repair, unless such
materials or supplies are within an enclosed building on the premises.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent
of the market value of the structure before the damage occurred.
Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost
of which equals or exceeds fifty (50) percent of the market value of the structure either (a)
ATM Warrant Articles 27, 28, 29

Page 52 of 218

May 5, 2026

before the improvement or repair is started, or (b) if the structure has been damaged and is
being restored, before the damage occurred. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that alteration affects the
external dimensions of the structure.
Substantial Repair of a Foundation: When work to repair or replace a foundation results in
the repair or replacement of a portion of the foundation with a perimeter along the base of the
foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured
in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column
or pier supported foundation, the building official shall determine it to be substantial repair of
a foundation. Applications determined by the building official to constitute substantial repair
of a foundation shall require all existing portions of the entire building or structure to meet the
requirements of 780 CMR. [As amended by MA in 9th Edition BC]
Variance: means aA grant of relief by a community from the terms of a flood plain
management regulation. [US Code of Federal Regulations, Title 44, Part 59]
Violation: means tThe failure of a structure or other development to be fully compliant with
the community's flood plain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance required
in §60.3 is presumed to be in violation until such time as that documentation is provided. [US
Code of Federal Regulations, Title 44, Part 59]
Zone A1-30 and Zone AE (for new and revised maps): The 100-year floodplain where the
base flood elevation has been determined.
Zone AH and Zone AO: The 100-year floodplain with flood depths of one (1) to three (3) feet,
where a clearly defined channel does not exist, where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
Zone B, C, and X: Areas identified in the community Flood Insurance Study as areas of
moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.
Zone V1-30 and Zone VE (for new and revised maps): A special flood hazard area along a
coast subject to inundation by the 100-year flood with additional hazards due to velocity (wave
action). Base flood elevations have been determined.
(17) Disclaimer of liability
The degree of flood protection required by this Bylaw is considered reasonable but does not
imply total flood protection.
(18) Severability section

ATM Warrant Articles 27, 28, 29

Page 53 of 218

May 5, 2026

If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid
by a court, the remainder of the ordinance shall be effective.
F.

Adult Entertainment.
(1)

Nothing herein contained is intended or shall be construed to prohibit and/or limit the use of
the land within this district for those uses permitted in the underlying Business and Light
Industrial District. [Amended 5-24-2011 ATM, Art. 23]

(2)

Location limitations of Adult Entertainment Businesses. No person shall establish or cause
or permit to be established an Adult Entertainment Business within One Thousand Five
Hundred feet (1500') of any other building or structure containing another Adult
Entertainment Business nor within Seven Hundred Fifty feet (750') of any public or private
school, public or private park or recreation area, public or private buildings with programs
for minors, or religious institution, elder housing, library, hospital or emergency medical
treatment clinic nor within Five Hundred feet (500') of an existing residence or residential
use.

(3)

Requirements. No person shall establish or cause or permit to be established an Adult
Entertainment Business without fulfilling each of the following requirements:

(4)

(a)

Special use Ppermit — In appropriate cases and subject to appropriate conditions or
safeguards and limitations on time and use, the Select Board Zoning Board of
Appeals may grant a Special Permit to conduct an Adult Entertainment Business within
the Industrial District A designated Adult Entertainment Overlay District if it meets
the conditions, standards, and requirements below, as well as the Special Permit
Criteria in § 97-5.A.(4). Such Special Permit must be renewed annually.

(b)

License and/or permit requirement — No person shall conduct an Adult Entertainment
Business without first obtaining any and all necessary licenses and permits.

Conditions and Standards. Adult Entertainment Businesses shall comply with all of the
following conditions and standards:
(a)

Advertisements, displays or other promotional materials depicting or describing
"Specified Anatomical Areas", or "Specified Sexual Activities", or displaying
instruments, devices, or paraphernalia which are designed for use in connection with
"Specified Sexual Activities" shall not be shown or exhibited so as to be visible from
other areas open to the general public.

(b)

All building openings, entries, and windows shall be located, covered, or screened in
such a manner as to prevent a view into the interior from any area open to the general
public.

ATM Warrant Articles 27, 28, 29

Page 54 of 218

May 5, 2026

(5)

(6)

(c)

All entrances shall be clearly and legibly posted by a notice indicating that minors are
prohibited from entering the premises.

(d)

No loudspeakers or sound equipment shall be used for the amplification of sound to a
level discernible by the public beyond the walls of the building in which the use is
conducted.

(e)

All exterior areas, including buildings, landscaping and parking areas, shall be
maintained in a clean and orderly manner.

(f)

An Adult Entertainment Business shall not remain open for business, or permit any
employee to engage in a performance, solicit a performance, make a sale, solicit a sale,
provide a service, or solicit a service between the hours of 1:00 AM. and 10:00 AM of
any particular day. These hours of operation may be further restricted in the conditions
approving the Special Use Permit.

No Adult Entertainment Business shall be established:
(a)

On any lot of less than 60,000 square feet with a frontage of not less than 200 feet. Not
more than 20% of the minimum lot area (example: 12,000 sq. ft. of a 60,000 sq. ft. lot)
shall be in wetlands. Such wetlands are defined in M.G.L., Chapter 131, Section 40 as
amended, and include without limitation bogs, swamps, marshes, wet meadows, and
areas of flowing or standing water, sometimes intermittent, and are characterized by
their distinctive soils, including but not limited to peat or muck or by the existence of
plant communities which require the presence of water at or near ground surface for
the major portion of the year. Such plant communities are those described in M.G.L.,
Chapter 131, Section 40, as amended;

(b)

Any building utilized for an Adult Business shall be set back from its street line not
less than 100 feet and from its side or rear boundaries not less than 50 feet nor shall
exceed 35 feet in height as measured from the mean level of the established grade to
the mean height of the roof, nor shall occupy more than 25% of the lot area;

(c)

Parking shall be in accordance with the General Parking and Loading Requirements
Table § 97-7.D.(2)(a). [Amended 5-24-2011 ATM, Art. 23]

Definitions. In addition to the general definitions as may be applicable throughout this
Bylaw, the following specific definitions shall apply to this section: Definitions relocated
from ARTICLE XI - § 97-11.D.(2) Written Definitions
Adult Arcade: An establishment or portion thereof where, for any form of
consideration, one or more still or motion picture projectors, slide projectors, or similar
machines, or other image producing machines, for viewing by five (5) or fewer persons
each, are used to show films, motion pictures, video cassettes, computer displays, slides,
or other photographic reproductions which are characterized by the depiction or

ATM Warrant Articles 27, 28, 29

Page 55 of 218

May 5, 2026

description of "Specified Sexual Activities" or "Specified Anatomical Areas."
Adult Bookstore, Adult Novelty Store Or Adult Video Store: A commercial establishment
which has as a substantial portion of its stock in trade or a substantial portion of its
revenues or devotes a substantial portion of its interior business or advertising to the
sale, rental or viewing for any form of consideration, of any one or more of the
following: books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes, slides, computer software or other visual
representations which are characterized by the depiction or description of "Specified
Sexual Activities" or "Specified Anatomical Areas"; or instruments, devices or
paraphernalia which are designed for use in connection with "Specified Sexual
Activities."
Adult Cabaret: A nightclub, bar, restaurant, bottle club, or similar commercial
establishment, whether or not alcoholic beverages are served, which features: a,
persons who appear semi-nude, b. live performances which are characterized by the
exposure of "Specified Anatomical Areas" or by "Specified Sexual Activities"; or c,
films, motion pictures, video cassettes. Computer software, slides, or other
photographic reproductions which are characterized by the depiction or description of
"Specified Sexual Activities" or "Specified Anatomical Areas."
Adult Dance Club: An establishment which, as its principal form of entertainment,
permits a person or persons to perform in a state of nudity as defined in M.G.L. ch 272
§ 31.
Adult Entertainment Business: Shall mean those businesses meeting one or more of the
following definitions: Adult Arcade, Adult Bookstore, Adult Novelty Store or Adult
Video Store, Adult Cabaret, Adult Dance Club, or Adult Theater.
Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment
which, for any form of consideration, regularly features persons who appear semi-nude
or live performances which are characterized by exposure of "Specified Anatomical
Areas" or by "Specified Sexual Activities"
Specified Anatomical Areas: Shall include any of the following:
1)

Less than completely and opaquely covered human genitals, pubic region,
buttocks, anus, or female breasts below a point immediately above the top of
the areolae; or

2)

Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.

Specified Sexual Activities: Shall mean and include any of the following:
1)

The fondling or other intentional touching of human genitals, pubic region,
buttocks, anus, or female breasts; or

ATM Warrant Articles 27, 28, 29

Page 56 of 218

May 5, 2026

2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, or sodomy; or

3)

Masturbation, actual or simulated; or

4)

Human genitals in a state of sexual stimulation, arousal or tumescence; or

5)

Excretory functions as part of or in connection with any of the activities set
forth in this definition.

G. MBTA Communities Multi-Family Overlay District (MCMOD). [Added 4-30-2024 ATM by Art.
14]
(1)

(2)

Purpose. The purpose of the MBTA Communities Multi-Family Overlay District (MCMOD)
is to allow multi-family housing as of right in accordance with Section 3A of the Zoning Act
(Massachusetts General Laws Chapter 40A). This zoning will allow for opportunities to:
(a)

Increase the production of a range of housing units to meet existing and anticipated
housing needs; and

(b)

Increase the diversity of housing and provide more housing choice to meet the needs
of residents of different age groups, household compositions, and income levels.

Establishment and Applicability. This MCMOD is an overlay district having a land area of
approximately 50.1 acres in size that is superimposed over the underlying zoning district(s)
and is shown on the Zoning Overlay and Resource Districts Map.
(a)

Applicability of MCMOD. An applicant may develop multi-family housing located
within the MCMOD in accordance with the provisions of this Section 97-4.G.

(b)

Underlying Zoning. The MCMOD is an overlay district superimposed on all underlying
zoning districts. The regulations for uses, dimensions, and all other provisions of the
Zoning Bylaw governing the respective underlying zoning district(s) shall remain in
full force, except for uses allowed as of right in the MCMOD. Uses that are not
identified in this§ 97-4.G. are governed by the requirements of the underlying zoning
district(s). Within the boundaries of the MCMOD, a developer may elect either to
develop a Project in accordance with the requirements of this Section 97-4.G., or to
develop in accordance with requirements of the regulations for uses, dimensions, and
all other provisions of the Zoning Bylaw governing the underlying zoning district.

(c)

Relationship of MCMOD to Other Zoning Provisions. Notwithstanding any other
provision of this bylaw to the contrary, including any other provision which requires a
special permit for development on land (property) which is included in this Overlay

ATM Warrant Articles 27, 28, 29

Page 57 of 218

May 5, 2026

District, no development undertaken pursuant to this Section 97-4.G. shall require a
permit under zoning other than the Site Plan Review as set forth in Section 97-4.G.(7)
below.
(d)

Sub-districts. The MCMOD contains the following sub-districts, all of which are
shown on the map titled “Proposed 3A Subdistricts, Town of Newbury” “Zoning
Overlay and Resource Districts”:
01) Newbury North – Sub District A (North-A), which is generally comprised of
certain parcels along the intersection of U.S. Route 1, Middle Road, and Hanover
Street;
02) Newbury North – Sub District B (North-B), which is generally comprised of
certain parcels along Hanover Street;
03) Newbury South – Sub-District A (South-A), which is generally comprised of a
certain parcel along Kent Way;
04) Newbury South – Sub-District B (South-B), which is generally comprised of a
certain parcel along Central Street.

(3)

Definitions. For purposes of this Section, the following definitions shall apply. Otherwise,
section 97-11(D) shall apply.
(a)

Affordable Housing Restriction: A use or deed restriction acceptable in form and
substance to Massachusetts Executive Office of Housing and Livable Communities
(HLC) and the Town that imposes restrictions on Affordable Housing Units to make
such units affordable to Income Eligible Households which meets the requirements of
HLC’s Local Initiative Program (LIP) or any successor program established by HLC
for purposes of Subsidized Housing Inventory (SHI) eligibility; and causes the
Affordable Housing Units to be eligible for inclusion on the SHI. An Affordable
Housing Restriction shall run with the land in perpetuity or for the maximum period of
time allowed by law, and be enforceable under the provisions of Chapter 184, §§ 26,
31, and 32 of the Massachusetts General Laws.

(b)

Affordable Housing Unit: A housing unit in a development subject to this bylaw that
is required to be sold or rented to, as applicable, and occupied by an Income Eligible
Household.

(c)

Applicant: A person, business, or organization that applies for a building permit, Site
Plan Review, or Special Permit.

(d)

Area Median Income (AMI): The area median household income as determined by the
U.S. Department of Housing and Urban Development (HUD), adjusted for household
size, for the metropolitan area that includes the Town.

ATM Warrant Articles 27, 28, 29

Page 58 of 218

May 5, 2026

(e)

As of right: Development that may proceed under the Zoning in place at time of
application without the need for a special permit, variance, zoning amendment, or other
discretionary zoning approval.

(f)

Building coverage: The maximum area of the lot that can be attributed to the footprint
of the buildings (principal and accessory) on that lot. Building Coverage does not
include surface parking.

(g)

HLC: The Massachusetts Executive Office of Housing and Livable Communities, or
any successor agency.

(h)

Income Eligible Household: A household of one or more persons whose annual
income does not exceed 80% of AMI and meets the applicable requirements established
by HLC’s LIP.

(i)

Local Initiative Program (LIP): A program administered by HLC pursuant to 760
CMR 56.00 to develop and implement local housing initiatives that produce low- and
moderate-income housing, with or without a comprehensive permit issued pursuant to
Chapter 40B, §§ 20 through 23 of the Massachusetts General Laws.

(j)

Lot: An area of land with definite boundaries that is used or available for use as the site
of a building or buildings.

(k)

MBTA: Massachusetts Bay Transportation Authority.

(l)

Mixed-use development: Development containing a mix of residential uses and nonresidential uses, including, commercial, institutional, industrial, or other uses.

(m) Dwelling, Multi-Family: A building designed for, or containing, three (3) or more
residential dwelling units.
(n)

Open space: Contiguous undeveloped land within a parcel boundary

(o)

Parking, surface: One or more parking spaces without a built structure above the
space. A solar panel designed to be installed above a surface parking space does not
count as a built structure for the purposes of this definition.

(p)

Permit Granting Authority: The Permit Granting Authority (PGA) shall include the
Planning Board for the issuance of permits.

(q)

Residential dwelling unit: A single unit providing complete, independent living
facilities for one or more persons, including permanent provisions for living, sleeping,
eating, cooking, and sanitation.

(r)

Section 3A: Section 3A of the Massachusetts General Laws Chapter 40A, the Zoning

ATM Warrant Articles 27, 28, 29

Page 59 of 218

May 5, 2026

Act.

(4)

(s)

Site plan review authority: The Planning Board shall have authority over site plan
review

(t)

Subsidized Housing Inventory (SHI): The list compiled by HLC containing the count
of eligible low- or moderate-income housing by a city or town pursuant to 760 CMR
56.00, Chapter 40B of the Massachusetts General Laws, and applicable HLC
guidelines.

(u)

Sub-district: An area within the MCMOD that is geographically smaller than the
MCMOD district and differentiated from the rest of the district by use, dimensional
standards, or development standards.

Permitted Uses.
(a)

Uses Permitted as of Right. The following uses are permitted as of right within the
MCMOD:
01) Multi-family housing.
02) Commercial Uses as allowed by the underlying zoning, when part of a mixed-use
development

(5)

Dimensional Standards
(a)

Table of Dimensional Standards. Notwithstanding anything to the contrary in this
Zoning Bylaw, the dimensional requirements applicable in the MCMOD for all
subdistricts are as follows:

Standard
Lot Size (square feet)
Minimum
Height1
Stories (Maximum)
Feet (Maximum)
Lot Coverage2
Minimum Open Space
Maximum Building Coverage
Setbacks (feet)
Front yard setback

Subdistricts North-A and
South-A

Subdistricts North-B and
South-B

40,000

40,000

3
40

2.5
35

40%
50%

50%
40%

50

50

1

Exceptions. Limitations of height shall not apply to flagpoles, chimneys, radio and television antennae, windmills, silos,
water tanks, public utility structures, solar panels, and similar non-inhabitable structures.
2
Multi-Building Lots. In the MCMOD, lots may have more than one principal building.

ATM Warrant Articles 27, 28, 29

Page 60 of 218

May 5, 2026

Rear yard setback
Side yard setback 1
Side yard setback 2
Density (Housing Units per Acre)
Maximum
Parking
Minimum # of parking spaces per unit

25
25
25

60
60
60

17

8

1 per one bedroom or
studio
2 per two bedroom or
greater

1 per one bedroom or studio
2 per two bedroom or greater

(6) Affordability Requirement
(a)

Applicability
01) Any proposed multi-family residential or mixed-use development containing ten
(10) or more rental or ownership dwelling units on any parcel or contiguous
parcel(s) comprising a proposed site within the MCMOD shall be subject to the
requirements of this section.

(b)

Mandatory Provision of Affordable Units
01) As a condition of approval for a development subject to this section, a project
shall contribute at least 10% of the total housing units in the development subject
to this bylaw as Affordable Housing Units constructed or rehabilitated on the
locus subject to the development under this Section 97-4.G.(6).
02) For purposes of this article, any calculation of required Affordable Housing Units
that results in the fractional or decimal equivalent of one-half (0.50) or above
shall be increased to the next highest whole number. Nothing in this bylaw shall
preclude a developer from providing additional affordable units, or greater
affordability, or both, than the minimum requirements.
03) As a condition for the approval of a project, all Affordable Housing Units shall
be subject to an Affordable Housing Restriction. The Affordable Housing
Restriction shall be approved by Town Counsel and HLC and shall be recorded
at the Essex County Registry of Deeds prior to a building permit being issued for
the project and a copy provided to the Planning Board and the Building
Commissioner.
04) Affordable Housing Units shall be sold or rented, as applicable, to Income
Eligible Households at sales prices or rents that are affordable to Income Eligible
Households pursuant to an Affordable Housing Restriction.

ATM Warrant Articles 27, 28, 29

Page 61 of 218

May 5, 2026

(7) Site Plan Review
(a)

Applicability. Site Plan Review is required for all multi-family or mixed-use projects
in the MCMOD. An application for Site Plan Review shall be reviewed by the Permit
Granting Authority in accordance with Section 97-9.

(b)

Requirements. As part of any application for Site Plan Review for a project within the
MCMOD, the Applicant must adhere to Article IX, Section 97-9 of this Zoning Bylaw.
01) As part of Site Plan Review, applicants shall, in addition to the submission
requirements set forth in Section A of the Planning Board’s “Site Plan Review
Submission Requirements and Procedures,” submit application materials
detailing their adherence with the General Design Standards and Guidelines
outlined in Section (8) of this Section 97-4.G as well as adherence to Section 979.
02) Prior to submission of a Site Plan Review application for a project within the
MCMOD, the Applicant shall file a request with the Planning Director for a
mandatory pre-application conference to include, at a minimum, the Planning
Director, the Building Commissioner, the Conservation Agent, the Health
Director, the Police Chief, the Fire Chief, the DPW Director, and other staff or
Board and Commission members as appropriate for the project. The purpose of
this pre-application conference is to review with the Applicant the requirements
and criteria for site plan approval for a project within the MCMOD and to address
questions in order to give the Applicant advice and guidance prior to submitting
a Site Plan Review Application, entering into binding commitments, and/or
incurring substantial expense in the preparation of plans, surveys, and other data.

(8) Design Standards
(a)

Intent
01) This section contains the required design standards and guidelines for the
MCMOD that are intended to provide direction to a Project’s planning and
design.
02) These design standards are intended to ensure that the physical character of
projects in the MCMOD will comply with the following guiding principles:
a) Building styles and materials reflect the vernacular styles of traditionally
settled areas of Newbury and other similar communities in the region;
b) Materials used for streets, paths, landscape features, etc. also reflect those
found locally;

ATM Warrant Articles 27, 28, 29

Page 62 of 218

May 5, 2026

c) Design features encourage pedestrian travel to and from and within the site
and provide a safe and aesthetically attractive pedestrian environment;
d) Existing natural resources, native vegetation, and the natural topography of
the site are preserved and integrated into the site design to the greatest extent
practical;
e) Housing development aligns with the State’s climate resiliency goals and
follows current guidance for water and energy resource efficient design.
(b)

Applicability
01) These design Standards shall apply to any proposed multifamily or mixed-use
development in the MCMOD.
02) The Planning Board may waive the design Standards provided that the Board
determines that such waiver will substantially further the purposes and intent of
this section.

(c)

Site Design, Open Space and Landscaping
01) Projects shall be sited to maximize opportunities for creating usable, attractive,
well-integrated Open Space.
02) Acceptable activities within the minimum required Open Space include natural
areas (including wetlands and surface waters), wildlife and native plant habitat,
landscape plantings, agricultural activities, low-impact design stormwater
management, non-motorized trails, and other low-impact activities. Open Space
shall not contain habitable structures.
03) Open Space shall be planned as a single contiguous area and, to the extent
practicable, configured contiguously with any abutting conservation open areas.
04) Open Space intended for public use shall have direct access from one or more
streets, pedestrian ways, sidewalks, and/or other public access.
05) Landscape design shall strive to provide greenery so that streets and access drives
are lined with shade trees, large paved areas are visually divided and screened,
and buffers are provided within and around the Project.
06) Landscaped areas shall be planted with drought-tolerant species which do not
require any automatic irrigation systems.
07) Plantings shall be native species and shall not include species on the
Massachusetts Prohibited Plant list, as may be amended.

ATM Warrant Articles 27, 28, 29

Page 63 of 218

May 5, 2026

08) Light levels for exterior lighting shall meet or exceed the minimum design
guidelines defined by the Illuminating Engineering Society of North America
(IESNA) and shall provide illumination necessary for safety and convenience
while preventing glare and overspill onto adjoining properties and reducing the
amount of skyglow. The color temperature of exterior lighting shall not exceed
3000 K.
09) Parking and circulation on the site shall be organized so as to reduce the amount
of impervious surface.
(d)

Building and Structure Placement
01) Placement of buildings and structures in the Overlay District shall:
a) Provide for a landscaped buffer between buildings or structures and properties
adjacent to the Overlay District;
b) Orient buildings to any adjacent usable open space, with access to the building
onto or accessible to the usable open space;
c) Orient structures to provide pedestrian entrances to any adjoining sidewalks;
d) Locate trash collection and dumpster locations in appropriate locations,
screened to avoid adverse impacts on properties adjacent to the Overlay
District;
e) Minimize the visual impact of the development from the street by locating
lower buildings closest to the street frontage and taller buildings in the interior
of the parcels.

(e)

Building Massing, Articulation, and Architecture
01) Architecture shall demonstrate the cohesive planning of the development and
present a clearly identifiable design feature throughout. It is not intended that
buildings be totally uniform in appearance or that designers and developers be
restricted in their creativity. The following standards shall apply:
a) To reduce a building's perceived mass, building façades shall be divided into
smaller scale horizontal and vertical components, through use of changes in
plane and changes in color, material, and texture.
b) For multi-family buildings of three stories, building design shall maintain a
distinction between upper and lower floors. Primary building entrances shall
be accentuated. Design features can include covered porches, porticos, and
other pronounced architectural forms.

ATM Warrant Articles 27, 28, 29

Page 64 of 218

May 5, 2026

c) Buildings shall have pitched roofs typical of historic building types in
Newbury, with a pitch between 5:12 and 12:12.
d) Side and rear façades shall be generally consistent with the primary façade’s
architectural style.
e) Accessory buildings shall be in the same style as the primary building(s).
f) Mechanical equipment at grade, attached to, or on the rooftops shall be
screened from view or made an integral part of the overall design of the
building.
g) All utility, service, loading, and trash collection areas shall be screened or
enclosed by plantings, walls, or solid fencing, or a combination thereof.
Enclosures shall be designed to be compatible with the architecture of the
adjacent building.
02) Building Materials
a) Materials such as brick, stone, wood clapboard, and cementitious siding such
as Hardi-plank shall be used for siding, particularly where visible at the
pedestrian level.
b) Architectural asphalt shingles are preferred for roofing.
(f)

Pedestrian Amenities and Connections
01) Sidewalks shall be a minimum of 5 feet in width, and shall be constructed of
concrete, brick pavers, precast pavers, stone, or similar materials.
02) Off-street walking trails may be constructed of crushed stone, stone dust, or
wood.
03) All elements of the pedestrian network shall be accessible to the physically
disabled in accordance with the Americans with Disabilities Act and the
Massachusetts Architectural Access Board (AAB) or other applicable
regulations.
04) Pedestrian access shall be provided to link buildings with open spaces, parking
areas, recreation facilities, and sidewalks on adjacent properties wherever
practical.
05) Site planning shall include consideration of future access to bike paths, parks,
playgrounds, residential neighborhoods, other businesses, and transportation
facilities.

ATM Warrant Articles 27, 28, 29

Page 65 of 218

May 5, 2026

(g)

Resource Efficiency
01) Applicants shall use energy- and water-efficient systems and site designs,
resource-efficient materials, and methods of construction that limit the project’s
environmental impact and minimize regular maintenance costs. This may include
but is not limited to:
a) Building orientation appropriate for use of solar or other renewable energy
collection;
b) Electric vehicle charging stations;
c) LED and dark sky compliant light fixtures; and
d) Technologies to minimize water demand throughout site design.

(9)

Decision. The Permit Granting Authority shall make and issue decisions within 180 days of
the filing of a complete application as certified by the Planning Director. The time within
which the Planning Board must act on an application may be extended upon mutual
agreement in writing upon request of the Applicant.
(a)

Final action of the Permit Granting Authority shall include one of the following:
01) Approval based on a determination that the proposed project complies with the
criteria and design standards set forth in this section and section 97-9(A)(6) of the
Zoning Bylaw.
02) Approval subject to any site plan and design performance conditions,
modification, and restrictions the Permit Granting Authority may deem necessary
to ensure the health, safety, and general welfare of the community.
03) Disapproval of the application for the reasons of an incomplete application.

(10) Recording. Any permit issued hereunder shall be recorded in the Essex South Registry of
Deeds and no building permit shall issue until a copy of the recorded permit is provided to
the Building Inspector Commissioner and the Planning Director.
(11) Lapse. Approval for a project shall lapse after two years from the date of issuance, unless
any construction work contemplated thereby shall have commenced and proceeded in good
faith continuously to completion, except for good cause. This two-year period shall not
include time required to pursue or await determination of an appeal filed pursuant to G.L. c.
40A,§§ 8 and 17 (Appeals to permit granting authority). Site Plan approval may, for good
cause, in the sole opinion of the Planning Board, be extended in writing by the Board upon
the written request of the applicant.

ATM Warrant Articles 27, 28, 29

Page 66 of 218

May 5, 2026

Article V
SPECIAL PERMITS
§ 97-5 Special Permits.
A.

General.
(1)

Purpose and Intent. It is the purpose and intent of this section to provide the designation of
the board or agency which shall act on the various special permits, the general and specific
regulations governing special permits, and the procedures by which special permits shall be
granted.

(2)

Applicability. In addition to any specific criteria otherwise set forth in this bylaw, the
provisions of this section shall apply to any application for a Special Permit under the table
of uses or as otherwise set forth in this Bylaw unless exempt in accordance with section
A.(12) below.

(3)

Designation of Special Permit Granting Authorities.
Special Permit Granting Authority. The Board of Appeals shall act as the Special Permit
Granting Authority (hereinafter “SPGA”) for all Special Permits unless otherwise designated
herein or in the Table of Use Regulations.

(4)

Criteria. Special Permits shall be granted by the SPGA, unless otherwise specified herein,
only upon its written determination that the adverse effects of the proposed use will not
outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular
characteristics of the site, and of the proposal in relation to that site. In addition to any other
specific factors that may be set forth in this Bylaw, the determination shall include
consideration of each of the following criteria:
(a) Social, economic, or community needs which are served by the proposal;
(b) Traffic flow, volume, and vehicular and pedestrian safety, including traffic related to
parking and loading;
(c) Adequacy of utilities and other public services;
(d) Neighborhood and community character and social structures;
(e) Impacts on the natural environment; and
(f) Potential fiscal impact, including impact on Town services, tax base, and employment.
Said analysis shall conform to with the Rules and Regulations of the SPGA.

ATM Warrant Articles 27, 28, 29

Page 67 of 218

May 5, 2026

(g) Consistency with the most recent Town of Newbury Master Plan.
(5)

Procedures and Filing Requirements. An application for a special permit shall be filed in
accordance with the rules and regulations of the SPGA including all required plan and filing
requirements, review criteria and analysis.

(6)

Conditions. Special permits may be granted with such reasonable conditions, safeguards, or
limitations on time or use, including performance guarantees, as the SPGA may deem
necessary to serve the purposes of this Bylaw including, but not limited to, the following:
front, side, or rear yards greater than the minimum required by this Bylaw; screening buffers
or planting strips, fences, or walls; regulations of exterior lighting; modification of the
exterior appearance of the structures; limitation upon the size, number of occupants, method
and time of operation for the duration of permit, or extent of facilities; regulation of number,
location of driveways or other traffic features; and off-street parking or loading or other
special features beyond minimum required by this Bylaw. Such conditions shall be imposed
in writing, and the applicant may be required to post bond or other security for compliance
with said conditions in an amount satisfactory to the SPGA.

(7)

Plans. Plans shall be filed in accordance with the Rules and Regulations of the SPGA.

(8)

Waivers. Upon written request the SPGA may grant waivers from the submission
requirements should they find good cause for such waiver. The SPGA may also request any
additional information it may need to clarify the application.

(9)

Fees. The SPGA may adopt reasonable administrative fees and technical review fees
pursuant to G.L. c. 44 §53G for applications for special permits. Fees for projects containing
publicly-assisted low or moderate income housing may be reduced or waived at the
discretion of the SPGA.

(10) Regulations. The SPGA may adopt rules and regulations for the administration of this
section.
(11) Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has
not begun, except for good cause, within two (2) years following the filing of the special
permit approval (plus such time required to pursue or await the determination of an appeal
referred to in G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk. Additionally,
if construction or operations has not begun within six (6) months or if construction is not
continuing toward completion in as continuous or expeditious manner as is reasonable during
the initial six (6) months, then the construction or operations shall conform to any
amendment to this Bylaw.
(12) Applicability to Single- and Two-Family structures. The provisions of this Section should
not apply to applications for special permits to reconstruct, extend, alter, or structurally
change a nonconforming single- or two-family structures which are governed under section
ATM Warrant Articles 27, 28, 29

Page 68 of 218

May 5, 2026

97-4(D) and 97-10(A).
B.

Bed and Breakfast.
(1)

C.

Requirements. After an initial Public Hearing and with a special permit granted from the
Select Board Zoning Board of Appeals, to be renewed annually, an owner-occupied and
operated dwelling of residential character may be used as a Bed and Breakfast for the lodging
of overnight guests provided such dwelling and the operation thereof meets all of the
following conditions, as well as the Special Permit Criteria in § 97-5.A.(4) above:
(a)

Said Bed and Breakfast shall not have more than four bedrooms (excluding the owner's
private quarters).

(b)

Guest rooms shall contain no individual cooking facilities.

(c)

Breakfast may be provided to guests from a central kitchen and shall be limited to those
who are permanent residents and paying overnight guests.

(d)

The use of said Bed and Breakfast shall be clearly incidental to the primary residential
use of the dwelling.

(2)

The purpose of this Bylaw is to allow the use of larger homes as a Bed and Breakfast, but
the intent is not to allow structural or appearance changes to facilitate this use.

(3)

The applicant must demonstrate that no visible exterior alterations will occur:; that adequate
parking can be provided:; and that the structure and use conform to all pertinent Board of
Health and Board of Fire Engineers Regulations Fire Department Requirements, and to
the requirements and Rregulations of any other body that may have jurisdiction.

Open Space Residential Development.
(1)

Purpose and intent.
(a)

The Primary Purposes for the Open Space Residential Development (OSRD) Bylaw
are the following:
01) To allow for greater flexibility and creativity in the design of residential
developments;
02) To encourage the permanent preservation of open space, agricultural land,
forestry land, wildlife habitat, other natural resources including aquifers, water
bodies and wetlands, and historical and archaeological resources in a manner that
is consistent with Newbury's open space plan;
03) To encourage a less sprawling and more efficient form of development that

ATM Warrant Articles 27, 28, 29

Page 69 of 218

May 5, 2026

consumes less open land and conforms to existing topography and natural
features better than a conventional or grid subdivision;
04) To minimize the total amount of disturbance on the site;
05) To further the goals and policies of the open space plans;
06) To facilitate the construction and maintenance of housing, streets, utilities, and
the provision of public services in a more economical and efficient manner.
(b)

The Secondary Purposes for OSRD are the following:
01) To preserve and enhance the community character;
02) To protect the value of real property;
03) To provide for a diversified housing stock;
04) To provide affordable housing to persons of low and moderate income;
05) To provide open space lands managed for passive recreation which are accessible
to the public.

(2)

Definitions.
(a)

Basic maximum number: The number of lots/dwelling units that would be allowed on
the site using Newbury Zoning Bylaw provisions and Subdivision Rules and
Regulations as determined by a Yield Plan. Requirements for contents of the Yield Plan
are to be found in the OSRD Rules and Regulations in Chapter 112 Open Space
Residential Development; see § 97-5.C. (3) and § 97-5.C. (7) below.

(b)

Conventional subdivision: A development of land subject to and governed by Chapter
117, Planning Board's Rules and Regulations for the Subdivision of Land and any and
all rules and regulations established by the Planning Board under said Chapter 117.

(c)

Low and moderate income: Income levels as defined by the Commonwealth's
Department of Housing and Community Development Executive Office of Housing
and Livable Communities for the Town of Newbury, based on the formulas for its
currently assigned geographic area.

(3)

Authority. The Planning Board shall act as the SPGA for OSRD applications. The Planning
Board may adopt, and from time to time amend, Rules and Regulations consistent with the
provisions of this Bylaw and G.L.c.40A and other provisions of the General Laws, and shall
file a copy of said Rules and Regulations with the Town Clerk.

(4)

Applicability.

ATM Warrant Articles 27, 28, 29

Page 70 of 218

May 5, 2026

(a)

An applicant for any subdivision of land or development that will create three or more
lots or units may submit an application for OSRD to the Planning Board. The applicant
shall have the option of development under the subdivision process as found in Chapter
117, Planning Board's Rules and Regulations for the Subdivision of Land, or under the
OSRD.

(b)

Contiguous Parcels. To be eligible for consideration as an OSRD, the tract shall consist
of a parcel or set of contiguous parcels.

(c)

Land Division. To be eligible for consideration as an OSRD, the tract may be a
subdivision, provided, however, that an OSRD may also be permitted where intended
as a condominium on land not so divided or subdivided.

(5)

Special permit required. The Planning Board may authorize an OSRD pursuant to the grant
of a special permit. Such special permits shall be acted upon in accordance with the following
provisions.

(6)

Segmentation. It is the intent of this Bylaw to prohibit the subdivision or phasing of
development which is planned in order to avoid the application of this section. It shall be
presumed that the land held in common ownership at the time of enactment of this Bylaw
should be included for the purposes of calculating the number of lots. It shall also be
presumed that phased development of land held in common ownership shall be considered
in its totality rather than as separate projects. These presumptions are rebuttable only upon
credible evidence to the contrary. Where division of land appears to be phased, a covenant
may be placed upon the remaining land requiring compliance with this Bylaw.

(7)

Application Procedure and Requirements. Applicants shall submit applications for an OSRD
special permit in accordance with the Rules and Regulations Governing Open Space
Residential Development as adopted and amended by the Planning Board.

(8)

Design process. At the time of the application for a special permit for OSRD, applicants are
required to demonstrate to the Planning Board that the following Design Process was
performed by a multidisciplinary team of which one member must be a certified Landscape
Architect and was considered in determining the layout of proposed streets, house lots, and
unit placement if treated as a condominium, including designation of all common areas and
open space.
(a)

Step One: Identifying Conservation Areas. Identify preservation land by two steps.
First, Primary Conservation Areas (such as wetlands, riverfront areas, and floodplains
regulated by state or federal law) and Secondary Conservation Areas (including
unprotected elements of the natural landscape such as steep slopes, mature woodlands,
prime farmland, meadows, wildlife habitats and cultural features such as historic and
archaeological sites and scenic views) shall be identified and delineated. Second, the
Potentially Developable Area shall consist of land outside identified Primary and

ATM Warrant Articles 27, 28, 29

Page 71 of 218

May 5, 2026

Secondary Conservation Areas;

(9)

(b)

Step Two: Locating House Sites. Locate the approximate sites of individual houses
within the Potentially Developable Area and include the delineation of private yards
and shared amenities, so as to reflect an integrated community, with emphasis on the
goals of the current Master Plan for Newbury. The number of homes, or units, if a
condominium proposal, enjoying the open space character of the amenities of the
development should be maximized;

(c)

Step Three: Aligning the Streets and Trails. Align streets in order to access the house
lots or units. Additionally, new trails should be laid out to create internal and external
connections to existing and/or potential future streets, sidewalks, and trails. Points of
proposed public access to the conservation areas should be clearly delineated;

(d)

Step Four: Draw in the lot lines, if not treated as a condominium.

Design standards. The following General and Site-Specific Design Standards shall apply to
all OSRDs and shall govern the development and design process.
(a)

General Design Standards:
01) The landscape shall be preserved in its natural state, insofar as practicable, by
minimizing tree and soil removal. Any grade changes shall be in keeping with the
general appearance of the neighboring developed areas. The orientation of
individual building sites shall be such as to maintain maximum natural
topography and cover. Topography, tree cover, and natural drainage ways shall
be treated as fixed determinants of road and lot configuration rather than as
malleable elements that can be changed to follow a preferred development
scheme;
02) Streets shall be designed and located in such a manner as to maintain and preserve
natural topography, significant landmarks, and trees; to minimize cut and fill; and
to preserve and enhance views and vistas on or off the subject parcel. All streets,
whether the project is designed as an OSRD subdivision or an OSRD
condominium site plan, shall conform with the street design and construction
standards set forth in Chapter 117, Subdivision of Land.
03) Mixed-use development shall be related harmoniously to the terrain and the use,
scale, and architecture of existing buildings in the vicinity that have functional or
visual relationship to the proposed buildings. Proposed buildings shall be related
to their surroundings;
04) All open space (landscaped and usable) shall be designed to add to the visual
amenities of the area by maximizing its visibility for persons passing the site or

ATM Warrant Articles 27, 28, 29

Page 72 of 218

May 5, 2026

overlooking it from nearby properties;
05) The removal or disruption of historic, traditional or significant uses, structures,
or architectural elements shall be minimized insofar as practicable, whether these
exist on the site or on adjacent properties.
(b)

Site Specific Design Standards.
01) Mix of Housing Types. The OSRD may consist of any combination of singlefamily and two-family structures. Multifamily structures of not more than four
(4) units may also be permitted by the Planning Board if they serve the purpose
and intent of the Open Space Residential Development Bylaw, as stated in section
§ 97-5C.(1).;
02) Parking. Each dwelling unit shall be served by two (2) off-street parking spaces.
Parking spaces in front of garages may count in this computation;
03) Drainage. Stormwater management shall be in compliance with Chapter 87,
"Stormwater Management and Illicit Discharge and Erosion Control" of the Code
of the Town of Newbury where applicable. The Planning Board shall encourage
the use of low impact design (nonstructural) stormwater management techniques
(such as swales, filter strips, constructed wetlands and bioretention cells) and
other drainage techniques that reduce impervious surface and enable infiltration
to the greatest degree permitted by soil types and conditions at the site;
04) Screening and Landscaping. All structural surface stormwater management
facilities shall be accompanied by a conceptual landscape plan;
05) On-site Pedestrian and Bicycle Circulation. Walkways, trails and bicycle paths
shall be provided to link residences with recreation facilities (including parkland
and open space) and adjacent land uses where appropriate;
06) Disturbed Areas. Every effort shall be made to minimize the area of disturbed
areas on the tract. A disturbed area is any land not left in its natural vegetated
state.

(10) Reduction of dimensional requirements. The Planning Board encourages applicants to
modify lot size, unit placement, shape, and other dimensional requirements for lots within an
OSRD, subject to the following limitations:
(a)

Lots having reduced area or frontage shall not have frontage on a street other than a
street created by the OSRD; provided, however, that the Planning Board may waive
this requirement where it is determined that such reduced lot(s) will further the goals
of this Bylaw;

ATM Warrant Articles 27, 28, 29

Page 73 of 218

May 5, 2026

(b)

At least 50% of the required setbacks for the district shall be maintained in the OSRD
unless a reduction is otherwise authorized by the Planning Board. Where structures
containing three to four dwelling units are being proposed, the side lot lines between
units may be 0 feet, however the distance between structures shall be a minimum of 20
feet;

(c)

Minimum Frontage: The minimum frontage may be reduced from the frontage
otherwise required in the zoning district; provided, however, that no lot shall have less
than 50 feet of frontage;

(d)

Setbacks: Every dwelling fronting on the proposed roadways shall be set back a
minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side
lot line. In the event that dwellings are located on exclusive use areas or contain no
interior lot lines, a minimum distance of 20 feet between single and two-family
dwellings shall be required.

(11) Increases in permissible density. The Planning Board may award a density bonus to increase
the number of dwelling units beyond the Basic Maximum Number. The density bonus for
the OSRD shall not, in the aggregate, exceed fifty percent (50%) of the Basic Maximum
Number. Computations shall be rounded to the lowest number. A density bonus may be
awarded in the following circumstances:
(a)

For each additional ten percent (10%) of the site (over and above the required 50%) set
aside as open space, a bonus of one additional unit or five percent (5%) of the Basic
Maximum Number, whichever is greater, may be awarded.

(b)

For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by
persons or families who qualify as low or moderate income, two (2) dwelling units may
be added as a density bonus for each low-income unit, one (1) dwelling unit as a bonus
for each moderate-income unit.

(c)

For every historic structure preserved and subject to a historic preservation restriction,
one (1) dwelling unit may be added as a density bonus.

(12) Open space requirements.
(a)

Open Space. A minimum of fifty percent (50%) of the upland shown on the
development plan shall be open space. Any proposed open space, unless conveyed to
the Town or its Conservation Commission, shall be subject to a permanent conservation
or agricultural preservation restriction in accordance with G.L. c. 184 § 31, approved
by the Planning Board and Select Board/Town Counsel and enforceable by the Town,
conforming to the standards of the Massachusetts Executive Office of Environmental
Affairs, Division of Conservation Services, providing that such land shall be
perpetually kept in an open state, that it shall be preserved exclusively for the purposes

ATM Warrant Articles 27, 28, 29

Page 74 of 218

May 5, 2026

set forth herein, and that it shall be maintained in a manner which will ensure its
suitability for its intended purposes. Any proposed open space that does not qualify for
inclusion in the Conservation Restriction or that is rejected from inclusion in the
Conservation Restriction by the Commonwealth of Massachusetts will be subject to a
Restrictive Covenant, that shall be approved by the Planning Board and Select
Board/Town Counsel and enforceable by the Town.
01) The open space shall be contiguous. Contiguous shall be defined as being
connected. The Planning Bard may waive this requirement for all or part of the
required open space where it is determined that allowing noncontiguous open
space will promote the goals of this Bylaw and/or protect identified primary and
secondary conservation areas.
02) The open space shall be used for wildlife habitat and conservation and the
following additional purposes: historic preservation, outdoor education, passive
recreation, agriculture, horticulture, together with suitable access for such
purposes. The Planning Board may permit a small portion of the open space to be
paved or built upon for structures accessory to the dedicated use or uses of such
open space (i.e., pedestrian walks and bike paths) so long as it supports the
primary and secondary purposes of the OSRD.
03) Subsurface wastewater and stormwater management systems serving the OSRD
may be located within the open space as long as the surface above such systems
is usable open space consistent with the allowed uses of the open space as outlined
in § 97-5.C.(12)(a)02) above. Surface systems, such as retention and detention
ponds, shall not qualify towards the minimum open space required.
(b)

Ownership of the Open Space. The open space shall, at the Planning Board's election,
be conveyed to:
01) A nonprofit organization, the principal purpose of which is the conservation of
open space and any of the purposes for such open space set forth above;
02) The Town or its Conservation Commission;
03) A corporation, homeowners association or trust owned jointly or in common by
the owners of lots or units within the OSRD. If such corporation or trust is
utilized, ownership thereof shall pass with conveyance of the lots in perpetuity.
Maintenance of such open space and facilities shall be permanently guaranteed
by such corporation or trust which shall provide for mandatory assessments for
maintenance expenses to each lot and unit. Each individual deed, and the deed or
trust or articles of incorporation, shall include provisions designed to effect these
provisions. Documents creating such homeowners association, trust or
corporation shall be submitted to the Planning Board for approval, and shall

ATM Warrant Articles 27, 28, 29

Page 75 of 218

May 5, 2026

thereafter be recorded;
04) A private owner for agricultural, horticultural or forestry uses.
(c)

Maintenance and Monitoring of Open Space.
01) In any case where open space is not conveyed to the Town, the Town shall be
granted an easement over such land sufficient to ensure its perpetual maintenance
as conservation or recreation land. Such easement shall provide that in the event
the trust or other owner fails to maintain the open space in reasonable condition,
the Town may, after notice to the lot owners and public hearing, enter upon such
land to maintain it in order to prevent or abate a nuisance. The cost of such
maintenance by the Town shall be assessed against the properties within the
development and/or to the owner of the open space. The Town may file a lien
against the lot or lots to ensure payment of such maintenance.
02) An endowment fund shall be created, to be held by either the owner of the open
space or by the holder of the conservation covenant, to provide for the cost of
annual monitoring of the condition and management of the open space, said
monitoring to be performed by an established nonprofit conservation organization
and reports provided to the Newbury Conservation Commission.

(13) Decision of the Planning Board.
(a)

The Planning Board may grant a special permit for an OSRD if it determines that the
proposed OSRD has less detrimental impact on the tract than a conventional
development proposed for the tract, after considering the following factors:
01) Whether the OSRD achieves greater flexibility and creativity in the design of
residential or unit developments than a conventional plan;
02) Whether the OSRD promotes permanent preservation of open space, agricultural
land, forestry land, other natural resources including water bodies and wetlands,
and historical and archaeological resources;
03) Whether the OSRD promotes a less sprawling and more efficient form of
development that consumes less open land and conforms to existing topography
and natural features better than a conventional subdivision;
04) Whether the OSRD reduces the total amount of disturbance on the site;
05) Whether the OSRD furthers the goals and policies of the open space and master
plans;
06) Whether the OSRD facilitates the construction and maintenance of streets,

ATM Warrant Articles 27, 28, 29

Page 76 of 218

May 5, 2026

utilities, and public services in a more economical and efficient manner;
07) Whether the Concept Plan and its supporting narrative documentation complies
with all sections of this zoning Bylaw.
(b)

The special permit for the OSRD Concept Plan shall be reconsidered if there is
substantial variation between the OSRD Subdivision Plan or the OSRD Condominium
Site Plan and the Concept Plan. If the Planning Board finds that a substantial variation
exists, it shall hold a public hearing on the modifications to the Concept Plan. A
substantial variation shall be any of the following:
01) An increase in the number of building lots and/or units;
02) A significant decrease in the open space acreage;
03) A significant change in the lot layout or unit placement;
04) A significant change in the general development pattern which adversely affects
natural landscape features and open space preservation;
05) Significant changes to the stormwater management facilities; and/or
06) Significant changes in the wastewater management systems.

(c)

D.

The Planning Board approval of a special permit hereunder shall not substitute for
compliance with the Subdivision Control Law, nor oblige the Planning Board to
approve a related definitive plan for subdivision, nor reduce any time periods for Board
consideration under the law. However, in order to facilitate processing, the Planning
Board shall, insofar as practical under law, adopt regulations establishing procedures
for submission of a combined plan and application which shall satisfy this section and
the Board's regulations under the Subdivision Control Law or, where an OSRD
Condominium Site Plan is proposed, the Board’s Site Plan Review Regulations. To the
extent permitted by law, the Planning Board shall coordinate the public hearing
required for any application for a special permit for an OSRD with the public hearing
required for approval of a definitive subdivision plan or a condominium site plan.

Common Driveways.
(1)

Purpose and intent. The purpose of the Common Driveway Bylaw is to provide an alternative
to individual driveways that would allow the preservation and protection of natural features,
the reduction of impacts to wetlands and the retention of the rural quality of Newbury while
providing safe vehicular travel from the access point of the public way, reducing curb cuts,
improving sighting distances and providing adequate access for emergency vehicles. It is not
the intent of this Bylaw to subvert the subdivision regulations, but to offer an option to the
installation of individual driveways.

ATM Warrant Articles 27, 28, 29

Page 77 of 218

May 5, 2026

(2)

Eligibility. Up to three single-family lots or two duplex lots or one duplex lot and on singlefamily lot are eligible under the provisions of this by- law. All lots are required to have
adequate and viable frontage, which complies with the Newbury Protective Zoning Bylaw,
and shall be located on a public way.

(3)

Special Permit required. In addition to ensuring that the Application satisfies the Special
Permit Criteria in § 97-5.A.(4) above, Tthe Planning Board shall make the following
findings relative to the common driveway special permit:

(4)

(a)

The use requested is noted in the Zoning Bylaw as a special permit in the district for
which the application is made;

(b)

The requested use is essential and/or desirable to public convenience or welfare;

(c)

The requested use will not create undue traffic congestion or unduly impair pedestrian
safety;

(d)

The requested use will not overload public water, drainage, sewer systems or any
municipal systems to such an extent that the requested use or any developed use in the
immediate area or any other area of the town will be unduly subjected to hazards
affecting the health, safety and general welfare of the community;

(e)

Any special requirements for use set forth are fulfilled; and

(f)

The requested use will not impair the integrity or character of the district or adjoining
districts nor be detrimental to the health, safety or welfare of the immediate residents
or the residents of the community.

Design standards.
(a)

Application requirements:
01) Application fee in accordance with the Planning Board fee schedule;
02) Overall plan showing all lots involved and abutting lots; abutters' names;
wetlands; topography (two-foot contour interval); edge of pavements (proposed
and existing); conceptual or existing location of dwellings and septic systems;
natural features of the land including large trees, rock outcroppings, stone walls
and other features;
03) Plan of Land prepared by a Registered Land Surveyor, showing easements and
property lines, suitable for recording at the Registry;
04) Grading plan and profile at 40 scale, prepared by a Professional Engineer,
showing drainage, proposed and existing contours, with a common driveway

ATM Warrant Articles 27, 28, 29

Page 78 of 218

May 5, 2026

cross section;
05) Proposed signage and proposed location of signs;
06) Certified list of abutters;
07) Legal documentation of easements and other legal instruments prepared by an
attorney.
(b) Common Driveway Specifications:
01) Minimum width shall be 16 feet and shall provide adequate access for emergency
vehicles;
02) Materials: A minimum of 12 inches compacted gravel base;
03) Maximum center line slope shall be 15%;
04) Driveway shall be crowned, so drainage is not crossing driveway surface. When
drainage must cross drive, it shall be done in a closed culvert minimum 12-inch
diameter under the road. Drainage for drive and lots shall be controlled on site (or
adequate provisions and easements made for off-site control of drainage);
05) The minimum width of easement shall be 30 feet;
06) The acute angle of the intersection of the driveway and the street shall not be less
than 60 degrees;
07) The general layout and alignment shall blend with the existing topography and
landscaping of the area.
08) In the event that the length of the Common Driveway exceeds 250 feet,
adequate turnaround for fire apparatus must be provided in accordance
with Fire Department requirements or adequate fire suppression provided
for the buildings in accordance with the requirements of the Fire
Department.
09) The Planning Board may waive strict compliance with any of these Common
Driveway Specifications if it deems the waiver is consistent with the purpose and
intent of this Common Driveway Bylaw, is in the public interest and does not
impact public safety, and if written record is kept of such waivers, and the reasons
for them.
(c)

Easements and maintenance agreements. Prior to Planning Board endorsement of the
plan and issuance of the Common Driveway Special Permit, Town Counsel shall

ATM Warrant Articles 27, 28, 29

Page 79 of 218

May 5, 2026

review and approve the following:
01) Deed requirements. All deeds of ownership of lots served by a common driveway
shall require that the owners of said lots shall be members of an association or
homeowners agreement, whose purpose is to provide for the maintenance of the
common driveway in order to perpetually provide safe continuous access for the
owners of said lots and the Town in case of an emergency. Each lot served by the
common driveway must have permanent access to the common driveway by
easements recorded at the registry of deeds. Such easements shall include the
rights for motor vehicles to freely pass and re-pass. Such easements shall include
the right to install, repair and maintain drains, culverts, roadway surface and other
utilities located under, across and/or along the common driveway. The deed shall
state that the common driveway is not a Town road and shall not be considered a
Town road in the future; therefore, Town maintenance is not an obligation of the
Town;
02) Owners and/or Association Agreement. The Owners/Association Agreement
must impose upon the members the obligation of repair, maintenance and snow
removal so as to cause the driveway, including the drainage serving the driveway
and the sight lines to the intersecting public way, to be repaired or maintained in
such a manner as to insure the continuous year-round access to each lot by the
owners of said lots, fire, police, ambulance and other vehicles, the adequate
delivery of public and private utilities to the lots served by the driveway, and so
that the initial specifications (or improved specifications) of the common
driveway are maintained.
(d)

Procedures and decision of the Planning Board.
01) Common driveway permitting process. Following receipt of a complete
application complying with the Planning Board’s submission requirements,
Tthe Newbury Planning Board shall hold a public hearing in conformity with
the provisions of MGL Chapter 40A. follow the procedures noted in § 97-11C
of the Newbury Zoning Bylaw in conformance with the Planning Board’s
submission requirements.
02) Decision of the Planning Board. The Newbury Planning Board may condition the
special permit decision so as to meet the intent of the Bylaw and to insure ensure
the health, safety and welfare of the applicants as well as the residents of the
community. As a condition of the approval, the Planning Board may condition
the special permits so that no certificate of occupancy shall be issued until the
common driveway has been constructed in accordance with these rules and
regulations as deemed by the Newbury Planning Board. No certificate of
occupancy shall be issued until plans and association documents are properly

ATM Warrant Articles 27, 28, 29

Page 80 of 218

May 5, 2026

recorded.
E.

Large Wind Energy Facilities. [Added 5-26-2009 ATM, Art. 32]
(1)

Purpose. The purpose of this Article section is to provide by special permit for the
construction and operation of on-site and utility-scale wind facilities and to provide standards
for the placement, design, construction, monitoring, modification and removal of wind
facilities that address public safety, give consideration to impacts on scenic, natural and
historic resources of the town and provide adequate financial assurance for
decommissioning.

(2)

Applicability: This section applies to wind energy facilities greater than 60 kilowatts of rated
name plate capacity. It does not apply to small wind energy systems that fall under the
requirements of § 97-10.E. Small Wind Energy Systems of Newbury's zoning Bylaws.

(3)

General Requirements:
(a)

Special Permit Granting Authority: The Planning Board is hereby established as the
Special Permit Granting Authority SPGA for the issuance of special permits to
construct and operate wind facilities. No wind facility shall be erected, constructed,
installed or modified as provided in this section without first obtaining a permit from
the SPGA. The construction of a wind facility shall be permitted in any zoning district
subject to the issuance of a Special Permit and provided that the use complies with all
requirements set forth in Sections 3, 4, 5 and 6 herein. All such wind facilities shall be
constructed and operated in a manner that minimizes any adverse visual, safety, and
environmental impacts. No special permit shall be granted unless the SPGA finds in
writing that:
(i)

the proposed use is in harmony with the purpose and intent of this Bylaw;

(ii)

the proposed location is appropriate on the site;

(iii) the use will be sited, designed, and operated in a manner that adequately addresses
the potential impacts to the neighborhood and the community;
(iv) the use will not pose a significant adverse impact to the health or public safety of
the neighborhood and the surrounding area; and
(v) there is not expected to be any significant hazard to pedestrians or vehicles from
the use.
Wind monitoring or meteorological towers shall be permitted in all zoning
districts subject to issuance of a building permit for a temporary structure and
subject to reasonable regulations concerning the bulk and height of structures and
determining yard-size, lot area, setbacks, open space, parking, and building
ATM Warrant Articles 27, 28, 29

Page 81 of 218

May 5, 2026

coverage requirements

(4)

(b)

Compliance with Laws, Bylaws and Regulations: The construction and operation of all
such proposed wind facilities shall be consistent with all applicable local, state and
federal requirements, including but not limited to all applicable safety, construction,
environmental, electrical, communications and aviation requirements.

(c)

Proof of Liability Insurance: The applicant shall be required to provide evidence of
liability insurance in an amount and for a duration sufficient to cover loss or damage to
persons and structures occasioned by the failure of the facility as determined by the
SPGA

(d)

Site Control: At the time of its application for a special permit, the applicant shall
submit documentation of actual or prospective control of the project site sufficient to
allow for installation and use of the proposed facility. Documentation shall also include
proof of control over setback areas and access roads, if required. Control shall mean
the legal authority to prevent the use or construction of any structure for human
habitation within the setback areas.

General Siting Standards:
(a)

Height: Wind facilities shall be no higher than 400 feet above the current grade of the
land, provided that wind facilities may exceed 400 feet if:
(i)

the applicant demonstrates by substantial evidence that such height reflects
industry standards for a similarly sited wind facility;

(ii)

such excess height is necessary to prevent financial hardship to the applicant

(iii) the additional benefits of the higher tower outweigh any increased adverse
impacts; and
(iv) the facility satisfies all other criteria for the granting of a special permit under the
provisions of this section.
(b)

Setbacks:
(i)

(5)

The minimum distance from the base of any wind turbine tower to any property
line and private or public way shall be 1.5 times the overall blade tip height of the
wind turbine.

Design Standards:
(a)

Visual Impact. The proponent shall demonstrate through project siting and proposed
mitigation that the wind facility adequately addresses impacts on the visual character

ATM Warrant Articles 27, 28, 29

Page 82 of 218

May 5, 2026

of surrounding neighborhoods and the community. This may include, but not be limited
to, information regarding site selection, turbine design, buffering, lighting and cable
layout.
(b)

Color and Finish: The wind facility shall be a neutral, non-reflective exterior color
designed to blend with the surrounding environment.

(c)

Lighting:
(i)

Wind turbines shall be lighted only if required by the Federal Aviation
Administration (FAA). The proponent shall provide a copy of the FAA's
determination to establish the required markings and/or lights for the structure.

(ii) Lighting of other parts of the wind facility, such as appurtenant structures, shall
be limited to that required for safety and operational purposes, and shall be
reasonably shielded from abutting properties.
(d)

Signage: Signs on the wind facility shall comply with the requirements of the Town's
sign regulations, and shall be limited to:
(i)

Those necessary to identify the property and the owner, provide a 24-hour
emergency contact phone number, and warn of any danger.

(ii) Educational signs providing information about the facility and the benefits of
renewable energy.
(iii) All signs shall comply with the plans approved and incorporated by reference in
the special permit granted under this section.
(e)

Advertising: Wind turbines shall not be used for displaying any advertising except for
reasonable identification of the manufacturer or operator of the wind energy facility.

(f)

Utility Connections: Reasonable efforts shall be made to locate utility connections from
the wind facility 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.

(g)

Appurtenant Structures: All appurtenant structures to such wind facilities shall be
subject to regulations concerning the bulk and height of structures and determining yard
sizes, lot area, setbacks, open space, parking and building coverage requirements. All
such appurtenant structures, including but not limited to, equipment shelters, storage
facilities, transformers, and substations, shall be architecturally compatible with each
other and shall be contained within the turbine tower whenever technically and
economically feasible. Structures shall only be used for housing of equipment for this

ATM Warrant Articles 27, 28, 29

Page 83 of 218

May 5, 2026

particular site. To the extent practicable, structures should be shielded from view by
vegetation and/or located in an underground vault and joined or clustered to avoid
adverse visual impacts.
(h)

(6)

Support Towers: Monopole towers are the only allowable form of support for the Wind
Energy Facilities.

Safety, Aesthetic and Environmental Standards:
(a)

Emergency Services: The applicant shall provide a copy of the project summary and
site plan to the local fire and police departments, as designated by the SPGA. Upon
request the applicant shall cooperate with local police and fire in developing an
emergency response plan.

(b)

Unauthorized Access: Wind turbines or other structures part of a wind facility shall be
designed to prevent unauthorized access.

(c)

Wetlands: Wind facility shall be located in a manner consistent with all applicable local
and state wetland regulations.

(d)

Stormwater: Stormwater run-off and erosion control shall be managed in a manner
consistent with applicable state and local regulations.

(e)

Shadow/Flicker: Wind facilities shall be sited in a manner that minimizes shadowing
or flicker impacts. The applicant must demonstrate that this effect will not have any
significant adverse impact on neighboring or adjacent uses through either siting or
mitigation.

(f)

Noise: Wind Energy Facilities and associated equipment shall conform to the
provisions of the Department of Environmental Protection's, Division of Air Quality
Noise Regulations (310 CMR 7.10). A source of sound will be considered to be in
violation of these regulations if the source:
(i)

Increases the broadband sound level by more than 310 dB(A) above ambient, or

(ii) Produces a "pure tone" condition – when an octave band center frequency sound
pressure level exceeds the two adjacent center frequency sound pressure levels by
3 decibels or more.
These criteria are measured both at the property line and at the nearest inhabited
off-site residence. Ambient is defined as the background A-weighted sound level
that is exceeded 90% of the time.
(g)

Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall
be limited to that which is necessary for the construction, operation and maintenance

ATM Warrant Articles 27, 28, 29

Page 84 of 218

May 5, 2026

of the wind facility and is otherwise prescribed by applicable laws, regulations, and
Bylaws.
(h)

(7)

(8)

Hazardous Materials: No hazardous materials or waste shall be discharged on the site
of any wind facility. If any hazardous materials or wastes are to be used on site, there
shall be provisions for full containment of such materials or waste. An enclosed
containment area, designed to contain at least 110 percent of the volume of the
hazardous materials or waste stored or used on the site may be required to meet this
requirement.

Monitoring and Maintenance
(a)

Facility Conditions: The applicant shall maintain the wind facility in good condition.
Maintenance shall include, but not be limited to, painting, structural repairs, and
integrity of security measures. Site access shall be maintained to a level acceptable to
the local Fire Chief and Emergency Medical Services. The project owner shall be
responsible for the cost of maintaining the wind facility and any access road, unless
accepted as a public way, and the cost of repairing any damage occurring as a result of
operation and construction.

(b)

Modifications: All material modifications to a wind facility made after issuance of the
special permit shall require approval by the SPGA as provided in this section.

(c)

Contact Person: The applicant or facility owner shall maintain a phone number and
identify a responsible person for the public to contact with inquiries and complaints
throughout the life of the project.

(d)

Change of Ownership: Notice shall be provided to the Town of any change in
ownership of the facility.

Abandonment or Decommissioning
(a)

Removal Requirements: Any above ground components of a wind energy facility
which has reached the end of its useful life or has been abandoned shall be removed.
When the wind energy facility is scheduled to be decommissioned, the applicant shall
notify the Town by certified mail of the proposed date of discontinued operations and
plans for removal. The owner/operator shall physically remove the wind facility no
more than 150 days after the date of discontinued operations. At the time of removal,
the wind facility site shall be restored to the state it was in before the facility was
constructed or any other legally authorized use. More specifically, decommissioning
shall consist of:
(i)

Physical removal of all above-ground components from the site, including, but
not limited to, wind turbines, structures, equipment, security barriers and

ATM Warrant Articles 27, 28, 29

Page 85 of 218

May 5, 2026

transmission lines.
(ii) Disposal of all solid and hazardous waste in accordance with local and state waste
disposal regulations.
(iii) Stabilization or re-vegetation of the site as necessary to minimize erosion. The
SPGA may allow the owner to leave landscaping or designated below-grade
foundations in order to minimize erosion and disruption to vegetation.

(9)

(b)

Abandonment: Absent notice of a proposed date of decommissioning, the wind facility
shall be considered abandoned when the facility fails to operate for more than one year
without the written consent of the SPGA. The SPGA shall determine in its decision
what proportion of the facility is inoperable for the facility to be considered abandoned.
If the applicant fails to remove the wind facility in accordance with the requirements
of this section within 150 days of abandonment or the proposed date of
decommissioning, the Town shall have the authority to enter the property and
physically remove the facility.

(c)

Financial Surety: The SPGA shall require the applicant for large wind energy facilities
to provide a form of surety, either through escrow account, bond or otherwise, to cover
the cost of removal in the event the town must remove the facility, of an amount and
form determined to be reasonable by the SPGA, but in no event to exceed more than
125 percent of the cost of removal and compliance with the additional requirements set
forth herein, as determined by the SPGA. Such surety will not be required for
municipally or state-owned facilities. The applicant shall submit a fully inclusive
estimate of the costs associated with removal, prepared by a qualified engineer. The
amount shall include a mechanism for Cost of Living Adjustment.

Application Process & Requirements
(a)

Application Procedures
(i)

General: The application for a wind energy facility shall be filed in accordance
with the rules and regulations of the SPGA concerning special permits.

(ii) Application: Each application for a special permit shall be filed by the applicant
with the city or town clerk pursuant to Section 9 of Chapter 40A of the
Massachusetts General Laws.
(b)

Required Documents
(i)

General: The applicant shall provide the SPGA with 9 copies of the application.
All plans and maps shall be prepared, stamped and signed by a professional
engineer licensed to practice in Massachusetts. Included in the application shall
be:

ATM Warrant Articles 27, 28, 29

Page 86 of 218

May 5, 2026

a) Name, address, phone number and original signature of the applicant and any
co-applicants. Co-applicants may include the landowner of the subject
property or the operator of the wind facility.
b) If the applicant or co-applicant will be represented by an agent, the name,
address, and telephone number of the agent, as well as a written document
with original signature of the applicant and co-applicant(s) authorizing the
agent to represent them;
c) Documentation of the legal right to use the wind facility site, including the
requirements set forth in (9)(c)(ii)(a) of this section.
(c)

Siting and Design: The applicant shall provide the SPGA with a description of the
property which shall include:
(i)

Location Map: Copy of a portion of the most recent USGS Quadrangle Map, at a
scale of 1:25,000, showing the proposed facility site, including turbine sites, and
the area within at least two miles from the facility. Zoning district designation for
the subject parcel should be included; however a copy of a zoning map with the
parcel identified is suitable.

(ii) Site Plan: A one inch equals 40 feet plan of the proposed wind facility site, with
contour intervals of no more than 10 feet, signed and sealed by a Registered
Professional Engineer or Licensed Land Surveyor showing the following:
a) Street address and tax map and parcel number of the subject property;
b) Zoning district designation for the subject property;
c) Property lines for the site parcel and adjacent parcels within 300 feet.
d) Outline of all existing buildings, including purpose (e.g. residence, garage,
etc.) on site parcel and all adjacent parcels within 500 feet. Include distances
from the wind facility to each building shown.
e) Location of all roads, public and private on the site parcel and adjacent parcels
within 300 feet, and proposed roads or driveways, either temporary or
permanent.
f) Existing areas of tree cover, including average height of trees, on the site
parcel and adjacent parcels within 300 feet.
g) Proposed location and design of wind facility, including all turbines, ground
equipment, appurtenant structures, transmission infrastructure, access,
fencing, exterior lighting, etc.
ATM Warrant Articles 27, 28, 29

Page 87 of 218

May 5, 2026

h) Location of viewpoints referenced below in 10.3.3 sub-section (iii) of this
section.
(iii) Visualizations: The SPGA shall select between three and six sight lines, including
from the nearest building with a view of the wind facility, for pre- and postconstruction view representations. Sites for the view representations shall be
selected from populated areas or public ways within a 2-mile radius of the wind
facility. View representations shall have the following characteristics:
a) A sight-line representation shall be drawn from representative locations that
show the lowest point of the turbine tower visible from each location. Each
sight line shall be depicted in profile, drawn at one inch equals 40 feet. The
profiles shall show all intervening trees and buildings, both existing and
proposed. There shall be at least two sight line representations illustrating the
visibility of the facility from surrounding areas such as the closets habitable
structures or nearby public roads or areas.
b) Existing (before) condition photographs. A color photograph of the current
view shall be submitted from at least two locations to show the existing
situation.
c) Proposed (after) condition. Each of the existing condition photographs shall
have the proposed wind facility superimposed on it to accurately simulate the
proposed wind facility when built and illustrate its total height, width, and
breadth.
d) Representations shall include a description of the technical procedures
followed in producing the photographs and the visualization (distances,
angles, lens, etc.).
(d)

Landscape Plan: A plan indicating all proposed changes to the landscape of the site,
including temporary or permanent roads or driveways, grading, vegetation clearing and
planting, exterior lighting, other than FAA lights, screening vegetation or structures.
Lighting shall be designed to minimize glare on abutting properties and, except as
required by the FAA, shall be directed downward with full cut-off fixtures to reduce
light pollution.

(e)

Elevations: Siting elevations, or views at-grade from the north, south, east, and west
for a 50-foot radius around the proposed wind facility. Elevations shall be at one quarter
inch equals one foot and show the following:
(i)

Wind facility and, if applicable, the security barrier and associated equipment,
with total elevation dimensions of all parts of the facility.

ATM Warrant Articles 27, 28, 29

Page 88 of 218

May 5, 2026

(ii) Security barrier. If the security barrier will block views of the wind facility, the
barrier drawing shall be cut away to show the view behind the barrier.
(iii) Any and all structures on the subject property.
(iv) Existing trees and shrubs at current height and proposed trees and shrubs at
proposed height at time of installation, with approximate elevations dimensioned.
(v) Grade changes, or cuts and fills, to be shown as original grade and new grade line,
with two-foot contours above mean sea level.
(f)

Materials:
(i)

Specifications for the proposed wind facility shall be provided for all equipment
and attendant facilities.

(ii) Materials of the proposed wind facility specified by type and specific treatment.
These shall be provided for the wind turbine tower and all other proposed
equipment/facilities.
(iii) Colors of the proposed wind facility represented by a color board showing actual
colors proposed.
(g)

Lighting Plan: If lighting of the site or turbine is proposed (other than FAA lights), the
applicant shall submit a manufacturer's computer-generated point-to-point printout,
indicating the horizontal foot-candle levels at grade, within the property to be
developed and 25 feet beyond the property lines. The printout shall indicate the
locations and types of luminaires proposed.

(h)

Noise Filing Requirements: The applicant shall provide a statement from a qualified
acoustical engineer listing the existing noise levels and the maximum future projected
noise levels from the proposed wind facility, measured in decibels, for the following:
(i)

Existing, or ambient: The measurement of existing noise at the property
boundaries, building of abutters and nearest inhabited residence.

(ii) Existing plus proposed wind facility: Maximum estimate of noise from the
proposed wind facility plus existing noise environment. Such statement shall be
certified and signed by a qualified engineer, stating that noise projections are
accurate and meet the noise standards of this Bylaw and applicable state
requirements.
(i)

Operation & Maintenance Plan: The applicant shall submit a plan for maintenance of
access roads and storm water controls, as well as general procedures for operational
maintenance of the wind facility.

ATM Warrant Articles 27, 28, 29

Page 89 of 218

May 5, 2026

(j)

Compliance Documents: If required under previous sections of this Bylaw, the
applicant will provide with the application:
(i)

description of financial surety that satisfies 8(c) of this section,

(ii) proof of liability insurance that satisfies Section 3(c) of this section,
(iii) certification of height approval from the FAA,
(iv) a statement that satisfies Section 6(f), listing existing and maximum projected
noise levels from the wind facility.
(k)

Independent Consultants: Upon submission of an application for a special permit, the
SPGA will be authorized to hire an outside technical expert/consultant to review and
verify information presented by the applicant. The cost for such a technical
expert/consultant will be at the expense of the applicant(s), pursuant to Massachusetts
General Laws, Chapter 40A, Section 9, and Massachusetts General Laws, Chapter 44,
Section 53G.

(10) Definitions. In addition to the general definitions as may be applicable throughout this Bylaw,
the following specific definitions shall apply to this section: Definitions moved from Article XI § 97-11.D.(2) Written definitions
Flicker: Alternating light and shadow caused by sunlight passing through the moving rotor of
a wind turbine.
Nacelle: The frame and housing at the top of the tower that encloses the gearbox and generator
and protects them from the weather.
On-Site Wind Facility: A wind project which is located at a commercial, industrial, agricultural,
institutional, or public facility that will consume more than 50% of the electricity generated
annually by the project on-site.
Rated Nameplate Capacity: The maximum rated output of electric power production equipment.
This output is typically specified by the manufacturer with a “nameplate” on the equipment.
Utility-Scale Wind Facility: A commercial wind facility, where the primary use of the facility is
electrical generation to be sold to the wholesale electricity markets.
Wind Energy System/Wind Energy Facility: All equipment, machinery and structures utilized in
connection with the conversion of wind to electricity. This includes, but is not limited to,
transmission, storage, electrical collection and supply equipment, substations, transformers,
service and access roads, and one or more wind turbines.
Wind Monitoring or Meteorological ("test" or "met") Tower: A temporary tower equipped with
anemometer, wind vane, and other equipment to measure wind speed and direction, used to
determine how much wind power a site can be expected to generate.
Wind Turbine: A single device that converts kinetic wind energy into rotational energy that
drives an electrical generator. A wind turbine typically consists of a tower, nacelle body and

ATM Warrant Articles 27, 28, 29

Page 90 of 218

May 5, 2026

components, and rotor with two or more blades.

F.

Ground-Mounted Solar Photovoltaic Installations: [Added 5-21-2013 ATM, Art. 28; amended 1022-2013 STM, Art. 9]
(1)

Purpose. The purpose of this Bylaw is to provide a permitting process for ground-mounted
solar photovoltaic installations and standards with respect to the placement, design,
construction, operation, monitoring, modification and removal of such installations. These
standards are designed to: a) address public health, safety, and welfare concerns; b) minimize
impacts on scenic, natural, agricultural, and historic resources; and c) provide adequate
financial assurance for the eventual decommissioning of such installations if necessary.

(2)

Applicability. This section applies to all ground-mounted solar photovoltaic installations
proposed to be constructed after May 21, 2013, the effective date of this section. This section
also pertains to physical modifications that materially alter the type, configuration, or size of
these installations or related equipment.

(3)

(a)

As-of-Right Siting: Solar photovoltaic installations that are ground-mounted and that
occupy less than 1/4 acre of land are allowed As-of-Right in all zoning districts upon
issuance of a building permit by the Building Inspector Commissioner.

(b)

As-of-Right Siting with Site Plan Review: Solar photovoltaic installations that are
ground-mounted and that occupy at least 1/4 acre of land but less than two (2) acres of
land are allowed As-of-Right subject to Site Plan Review by the Planning Board and
upon issuance of a building permit by the Building Inspector Commissioner.

(c)

Special Permit Siting: Any ground-mounted solar photovoltaic installation occupying
two (2) acres of land or more on one or more adjacent parcels either in common
ownership or included in one solar photovoltaic project application, including parcels
separated by a roadway, shall require a Special Permit in accordance with the Zoning
Bylaws of the Town of Newbury prior to obtaining a building permit. For purposes of
this Bylaw, the Planning Board is the Special Permit Granting Authority. [Amended 519-2015 ATM, Art. 25]

Definitions.
As-of-Right Siting: As-of-Right Siting shall mean that development may proceed without
the need for a special permit, variance, amendment, waiver, or other discretionary approval.
As-of-right development may be subject to Site Plan Review to determine conformance with
local zoning ordinances or bylaws. Such projects cannot be prohibited, but can be reasonably
regulated by the Building Inspector Commissioner and the Planning Board.
Ground-Mounted Solar Photovoltaic Installation: A solar photovoltaic system that is
structurally mounted on the ground and is not roof-mounted.

ATM Warrant Articles 27, 28, 29

Page 91 of 218

May 5, 2026

Net Metered Solar Photovoltaic Installation: A solar photovoltaic installation of 60kW or
less for the primary purpose of providing electricity on-site that is interconnected with the
electric grid, which allows the owner/operator to feed surplus electricity into the electric grid.
Rated Nameplate Capacity: The maximum rated output of electric power production of the
Photovoltaic system in Kilowatts (DC).
Solar Photovoltaic Array: An arrangement of solar photovoltaic panels.
Solar Photovoltaic Installation: A device, structure, or structural design feature, a
substantial purpose of which is to provide for the collection, storage, and distribution of solar
energy for space heating or cooling, generation of electricity, or water heating. This includes
appurtenant equipment for the collection, storage, and distribution of electricity to buildings
or to the electric grid.
(4)

(5)

General Requirements. The following requirements are common to all ground-mounted solar
photovoltaic installations permitted under this Bylaw, unless otherwise noted:
(a)

Project Siting: The Massachusetts Department of Energy Resources (DOER)
discourages applicants from selecting locations for ground-mounted solar photovoltaic
installations which require significant tree cutting, due to the important water
management, cooling, and climate benefits that trees provide. Applicants are therefore
encouraged to site installations on vacant, disturbed land in a manner which will
minimize tree cutting to the greatest extent reasonably possible.

(b)

Compliance with Laws, Ordinances and Regulations: The construction and operation
of all ground-mounted solar photovoltaic installations shall be consistent with all
applicable local, state and federal requirements, including, but not limited to, all
applicable safety, construction, electrical, communications, and environmental
requirements, including stormwater management. All buildings and fixtures forming
part of a ground-mounted solar photovoltaic installation shall be constructed in
accordance with the State Building Code.

(c)

Building Permit and Fees: No ground-mounted solar photovoltaic installation shall be
constructed, installed or modified as provided in this section without first obtaining a
building permit. The application for such a permit shall be accompanied by the required
building permit fee.

Installations Requiring Site Plan Review.
(a)

Applicability: Ground-mounted solar photovoltaic installations occupying at least ¼
acre of land but less than two (2) acres of land shall undergo Site Plan Review by the
Planning Board prior to the issuance of a building permit for construction, installation
or modification.

(b)

Procedure: An application for Site Plan Review of an applicable ground-mounted solar

ATM Warrant Articles 27, 28, 29

Page 92 of 218

May 5, 2026

photovoltaic installation shall be submitted and will be reviewed in accordance with
the provisions of § 97-9.A. Site Plan Review of Newbury’s Zoning Bylaw.
(c)

Submission Requirements: The applicant and any co- applicant(s) shall submit a site
plan containing all data, detail, and supporting information listed below in Paragraph
(6)(c)02)d) "Site Plan Contents" under Special Permit. The Planning Board may waive
one or more of the Site Plan Contents requirements upon written request by the
applicant and any co-applicant(s) if the small scale or simplicity of the project or other
considerations warrant such a waiver. Such determination to waive one or more of the
requirements shall be in the sole discretion of the Planning Board.

(d)

Pre-application Review: Prior to submission of an application for a Site Plan Review
for a ground-mounted solar photovoltaic installation in accordance with Paragraph
(5)(a) above, the applicant and any co-applicant(s) shall request a pre-application
review with the Planning Board. The Planning Board shall invite the Conservation
Agent, the Health Agent, the Building Inspector Commissioner, the Director of Public
Works, the Fire Chief, the Police Chief, and representatives from the Select Board, the
Open Space Committee, the Historical Commission, and the Agricultural Commission.
The purpose of a pre-application review is to clarify and expedite the permitting process
for the applicant and any co-applicant(s) and to minimize for the applicant and any coapplicant(s) the costs of engineering and other technical experts.

(e)

Decision: The Planning Board’s final decision in writing shall consist of one of the
following actions based on a simple majority vote:
01) Approval of the site plan based upon determination that the proposed plan will
constitute a suitable development and is in compliance with the standards set forth
in the Zoning Bylaw;
02) Approval of the site plan subject to any conditions, modifications, or restrictions
as required by the Board which will ensure that the project meets the standards
set forth in the Zoning Bylaw.

(6)

Installations Requiring a Special Permit:
(a)

Applicability: Ground-mounted solar photovoltaic installations occupying two (2) or
more acres of land shall require a Special Permit in accordance with the provisions of
§ 97-11.C. § 97-5.A.Special Permit Procedures – Public Hearing of Newbury’s Zoning
Bylaw.

(b)

Special Permit General Requirements:
01)

Ground-mounted solar photovoltaic installations that require a special permit
must obtain such special permit prior to the issuance of a building permit, as

ATM Warrant Articles 27, 28, 29

Page 93 of 218

May 5, 2026

provided in this section.
02) Special Permit Granting Authority: The Planning Board is hereby established as
the Special Permit Granting Authority (SPGA) for the issuance of special permits
to construct and operate ground-mounted solar photovoltaic installations
occupying two (2) or more acres of land. No ground-mounted solar photovoltaic
installation of this size shall be erected, constructed, installed, or modified as
provided in this section without first obtaining a permit from the SPGA. The
construction of a ground-mounted solar photovoltaic installation of two acres or
more shall be permitted subject to the issuance of a Special Permit and provided
that the use complies with all requirements set forth herein. All such solar
photovoltaic installations shall be constructed and operated in a manner that
minimizes any adverse visual, safety, and environmental impacts. No special
permit shall be granted unless the SPGA finds in writing that the criteria listed in
Section (06)(d) below have been met. [Amended 5-19-2015 ATM, Art. 25]
03) Pre-Application Review: Prior to submission of an application for a Special
Permit for a ground-mounted solar photovoltaic installation of two or more acres,
the applicant and any co-applicant(s) shall request a pre-application review
meeting with the SPGA. The review meeting shall include the Town Planner, the
Conservation Agent, the Health Agent, the Building Inspector Commissioner,
the Director of Public Works, the Police Chief, the Fire Chief, and representatives
from the Select Board, the Planning Board, the Open Space Committee, the
Historical Commission, and the Agricultural Commission. The purpose of a preapplication review is to clarify and expedite the permitting process for the
applicant and any co-applicant(s) and to minimize for the applicant and any coapplicant(s) the cost of engineering and other technical experts.
(c)

Submission Requirements:
01) General:
a) The application for a ground-mounted solar photovoltaic installation of two
(2) acres or more shall be filed in accordance with the rules and regulations
of the Planning Board as the SPGA. [Amended 5-19-2015 ATM, Art. 25]
b) Each application for a special permit shall be filed by the applicant and any
co-applicant(s) with the Town Clerk pursuant to Section 9 of Chapter 40A of
the Massachusetts General Laws.
02) Required Documents: The applicant and any co-applicant(s) shall provide the
SPGA with nine (9) copies of the application. All plans and maps shall be
prepared, stamped, and signed by a professional engineer licensed to practice in
Massachusetts. Included in the application shall be:

ATM Warrant Articles 27, 28, 29

Page 94 of 218

May 5, 2026

a) Name, address, phone number, and original signature of the applicant and any
co-applicant(s). Co-applicants may include the landowner of the subject
property and the operator of the solar installation.
b) If the applicant and any co-applicant(s) will be represented by an agent, the
name, address, and telephone number of the agent, as well as a written
document with original signature of the applicant and any co-applicant(s)
authorizing the agent to represent them;
c) Documentation of the legal right of the applicant and any co-applicant(s) to
use the proposed site, including the requirements set forth in Paragraph (7)
below.
d) A site plan showing:
(i) Property lines and physical features, including roads, for the project site;
(ii) Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, screening vegetation or
structures;
(iii) Blueprints or drawings of the solar photovoltaic 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 and any pruning of existing
vegetation required to prevent shading;
(iv) One or three line electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices;
(v) Documentation in the form of shop drawings or catalogue cuts of the
major system components to be used, including the PV panels, mounting
system, and inverter;
(vi) Name, address, and contact information for proposed system installer;
(vii) Name, address, and phone number of the project applicant, as well as all
co-applicants or property owners, if any;
(viii)An operation and maintenance plan (see also paragraph (8) below);
(ix) Zoning district designation for the parcel(s) of land comprising the
project site (submission of a copy of a zoning map with the parcel(s)
ATM Warrant Articles 27, 28, 29

Page 95 of 218

May 5, 2026

identified is suitable for this purpose);
e) Proof of liability insurance acceptable to the Town;
f) Description of financial surety that satisfies Section (14)(c) below.
g) A public outreach plan, including a project development timeline, which
indicates how the project applicant and any co-applicant(s) will meet the
required Special Permit notification procedures and otherwise inform abutters
and the community.
h) Plans and documents as required by the Town’s Stormwater Management and
Illicit Discharge and Erosion Control Bylaw and Rules and Regulations.
(d)

Special Permit Review Criteria:
01) Open Space and Agricultural Impact: Consistent with the Town’s open space
preservation goals, the owner of the land on which a large-scale ground-mounted
solar photovoltaic installation is proposed to be situated must submit to the SPGA
a report on the open space impacts of the installation, including but not limited to:
a) A general description of the installation site, including proximate natural
features, flora, fauna, wetlands, and waterways;
b) Any trees or wildlife to be displaced by the installation;
c) Any efforts to mitigate groundwater management issues caused by increase
in impervious surface;
d) The suitability of the installation location for agriculture, including
information about soil grade and any history of agriculture uses on the site
within ten (10) years prior to special permit or site plan review; and
e) Any environmental remediation efforts that the owner or operator anticipates
will be necessary for installation, maintenance, or removal of the installation.
f) In determining whether to issue a special permit, the SPGA shall consider the
Open Space and Agricultural Impact report and the corresponding impacts.
g) 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 ground-mounted solar photovoltaic
installation or otherwise proscribed by applicable laws, regulations, and
Bylaws, including the Code of the Town of Newbury, Chapter 87, Stormwater
Management and Illicit Discharge and Erosion Control. In determining

ATM Warrant Articles 27, 28, 29

Page 96 of 218

May 5, 2026

whether to issue a special permit, the SPGA shall consider such impacts and
efforts to mitigate them. The applicant and any co-applicant(s) may be
required to replace up to 100% of any and all trees with a caliper six (6) inches
or over that are removed for the project.
h) Operation and Maintenance Plan: The applicant and any co-applicant(s) shall
submit a plan for the operation and maintenance of ground-mounted solar
photovoltaic installation as called for in paragraph (8) below.
i)

Site Condition Suitability: All appurtenant structures, including but not
limited to equipment shelters, storage facilities, transformers, and substations,
shall be architecturally compatible with each other. Structures shall be
screened from view by means of vegetation, fencing, or physical topography
to the extent reasonable and practical considering the characteristics of the
individual site. In determining whether to issue a special permit, the SPGA
shall consider the sufficiency of the architectural compatibility of the
structures and efforts to screen the structures from view.

02) The SPGA may grant a Special Permit only upon finding that the proposed use
meetings the standards specified in in § 97-11.C. of Newbury’s Zoning Bylaw
and the following general standards:
a) The proposed use and development will not have a substantial or undue
adverse effect upon adjacent property, the character of the area, or the public
health, safety, and general welfare;
b) The nature and intensity of the intended operations will not discourage the
appropriate development and use of adjacent land and buildings nor impair
the value thereof;
c) All proposed traffic access ways shall be adequate (but not excessive) in
number, adequate in width, grade, alignment and visibility, sufficiently
separated from street intersections and places of public assembly, and shall
meet similar safety considerations;
d) Adequate safe and accessible off-street parking and loading spaces shall be
provided to avoid parking in public streets of vehicles belonging to persons
connected with or visiting the site, including, at a minimum, parking for three
(3) trucks and two (2) automobiles;
e) Adequate access to each structure for fire and emergency service equipment
shall be provided; keys for access to all portions of the project shall be
provided to the Fire Department and the Police Department.

ATM Warrant Articles 27, 28, 29

Page 97 of 218

May 5, 2026

f) The proposed use and development will not result in the destruction, loss, or
damage of any natural, scenic, or historic feature of significant importance;
g) The entire project site shall be screened at all seasons of the year from the
view of adjacent residential lots and streets or roadways and the general
landscaping of the site shall be in character with that generally prevailing in
the neighborhood;
h) The volume of cut and fill, the number of removed trees that are six (6) inches
or more in caliper, the area of wetland vegetation displaced, soil erosion, and
threat of air and water pollution shall be held to a minimum set by the SPGA
after consultation with the Conservation Commission;
i)

Adequate provisions shall be provided for stormwater management and other
utilities consistent with the functional requirements of the Newbury
Stormwater Rules and Regulations, the Department of Environmental
Protection, and the Massachusetts Stormwater Management Handbook (as
revised);

j)

Obstruction of scenic views from publicly accessible locations shall be
minimized;

k) Glare from site lighting shall be minimized;
l)

Sound impacts from transformers, inverters, and other electrical equipment
shall be mitigated with the use of enclosures, shielding, and placement of the
sound-generating equipment on the site.

m) Unreasonable departure from the character, materials, and scale of buildings
in the vicinity, as viewed from public ways and places, shall be minimized;
and
n) The proposed development of the site shall be in compliance with the
provisions of Newbury’s Zoning Bylaw, including parking, signs,
landscaping, environmental standards and other pertinent sections.
Final Action: A Special Permit shall be granted by the SPGA after it finds in
writing that all conditions described in (6)(d)02) items a) through n) have been
satisfied.
(7)

Site Control: The project applicant and any co-applicant(s) shall submit documentation of
actual or prospective access and control of the project site sufficient to allow for construction
and operation of the proposed solar photovoltaic installation.

(8)

Operation & Maintenance Plan: The project applicant and any co-applicant(s) shall submit a

ATM Warrant Articles 27, 28, 29

Page 98 of 218

May 5, 2026

plan for the operation and maintenance of the ground-mounted solar photovoltaic
installation, which shall include measures for maintaining safe access to the installation,
stormwater controls, as well as general procedures for operational maintenance of the
installation.
(9)

Notification: No ground-mounted solar photovoltaic installation shall be constructed until
evidence has been given to the Town that the owner or operator of said installation has
notified the utility company that operates the electrical grid where the installation is to be
located of his or her intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.

(10) Dimension and Density Requirements.
(a)

Setbacks:
01) For ground-mounted solar photovoltaic installations which occupy less than ¼
acre of land, setbacks shall be in accordance with the minimum setback
requirements for the zoning district in which the installation is located.
02) For ground-mounted solar photovoltaic installations occupying at least 1/4 acre
of land, but less than 10 acres, setbacks shall be at least 25 feet from all lot lines:
03) For ground-mounted solar photovoltaic installations occupying 10 acres of land
or more, setbacks shall be at least 50 feet from all lot lines.

(b)

Height: No ground-mounted solar photovoltaic installation or structure appurtenant
thereto shall be more than 15 feet in height measured from the adjacent grade.

(c)

Appurtenant Structures: All appurtenant structures to ground-mounted solar
photovoltaic installations shall be subject to reasonable regulations concerning the bulk
and height of structures, lot area, setbacks, open space, parking and building coverage
requirements. All such appurtenant structures, including but not limited to, equipment
shelters, storage facilities, transformers, and substations, shall be architecturally
compatible with each other. Whenever reasonable, structures should be screened from
view by means of vegetation, fencing, or physical topography to the greatest extent
reasonable and/or joined or clustered to avoid adverse visual impacts.

(11) Design Standards:
(a)

Lighting: Lighting of solar photovoltaic installations 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. Where feasible, lighting of the
solar photovoltaic installation shall be directed downward and shall incorporate full
cut-off fixtures to reduce light pollution.

ATM Warrant Articles 27, 28, 29

Page 99 of 218

May 5, 2026

(b)

Signage: Signs on ground-mounted solar photovoltaic installations shall comply with
the Town of Newbury’s Sign Bylaw. A sign consistent with Newbury’s sign Bylaw
shall be required to identify the owner and provide a 24-hour emergency contact phone
number. Solar photovoltaic installations shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator of the solar
photovoltaic installation.

(c)

Utility Connections: Reasonable efforts, as determined by the Building Inspector
Commissioner and, for installations of two (2) acres or more, the SPGA, shall be made
to place all utility connections from the solar photovoltaic 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.

(d)

Noise: Transformers, inverters, and other noise-producing electrical equipment shall
be located on the site, shielded, and/or enclosed to minimize sound impacts at the
property line and on sensitive receptors. All noise sources shall be in compliance with
the Massachusetts Department of Environmental Protection’s noise regulation (310
CMR 7.10). A noise source will be considered to be violating 310 CMR 7.10 if the
source:
01) Increases the broadband sound level by more than 10 dB(A) above ambient, or
02) Produces a "pure tone" condition – when any octave band center frequency sound
pressure level exceeds the two adjacent center frequency sound pressure levels by
3 decibels or more.
These criteria shall be measured both at the property line and at the nearest
inhabited residence.

(12) Safety and Environmental Standards:
(a)

Emergency Services: The ground-mounted solar photovoltaic installation owner or
operator shall provide a copy of the project summary, electrical schematic, and site plan
to the local Fire Chief and Police Chief. The owner or operator shall cooperate with
local emergency services in developing an emergency response plan. All means of
shutting down the solar photovoltaic installation shall be clearly marked. The owner or
operator of the installation shall identify a responsible person for public inquiries
throughout the life of the installation.

(b)

Safety Disconnect: The solar photovoltaic installation shall be designed to disconnect
automatically from the electrical utility’s system in the event that the grid experiences
a power failure.

(c)

Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall

ATM Warrant Articles 27, 28, 29

Page 100 of 218

May 5, 2026

be limited to what is necessary for the construction, operation and maintenance of the
ground-mounted solar photovoltaic installation or otherwise prescribed by applicable
laws, regulations, and Bylaws.
(d)

Security Fencing: Black vinyl-coated chain link fencing a minimum of 8 feet high with
lockable gates shall be installed around the perimeter of the installation to prevent
access by unauthorized individuals. Keys shall be provided to Newbury’s Fire Chief
and Police Chief.

(13) Monitoring and Maintenance:
(a)

Solar Photovoltaic Installation Conditions: The ground-mounted solar photovoltaic
installation owner or operator shall maintain the facility in good condition.
Maintenance shall include, but not be limited to, painting, structural repairs, and
integrity of security measures. Site access shall be maintained to a level acceptable to
the local Fire Chief, Police Chief, and Emergency Medical Services. The owner or
operator shall be responsible for the cost of maintaining the solar photovoltaic
installation and any access road(s), except for any accepted public way.

(b)

Modifications: All material modifications to a solar photovoltaic installation made after
issuance of the required building permit shall require approval by the Building
Inspector Commissioner and, where appropriate, the SPGA.

(14) Abandonment or Decommissioning:
(a)

Removal Requirements: Any ground-mounted solar photovoltaic installation which has
reached the end of its useful life or has been abandoned consistent with Section (14)(b)
of this Bylaw shall be removed. The owner or operator shall physically remove the
installation no more than 150 days after the date of discontinued operations. The owner
or operator shall notify the Building Inspector Commissioner by certified mail of the
proposed date of discontinued operations and plans for removal. Decommissioning
shall consist of:
01) Physical removal of all ground-mounted solar photovoltaic installations,
structures, equipment, security barriers and transmission lines from the site;
02) Disposal of all solid and hazardous waste in accordance with local, state, and
federal waste disposal regulations;
03) Stabilization or re-vegetation of the site as necessary to minimize erosion. The
Building Inspector Commissioner may allow the owner or operator to leave
landscaping or designated below-grade foundations in order to minimize erosion
and disruption to vegetation.

(b)

Abandonment: Absent notice of a proposed date of decommissioning or written notice

ATM Warrant Articles 27, 28, 29

Page 101 of 218

May 5, 2026

of extenuating circumstances, the solar photovoltaic installation shall be considered
abandoned when it fails to operate for more than one year without the written consent
of the Building Inspector Commissioner and, for installations of two (2) acres or more,
the SPGA. If the owner or operator of the ground-mounted solar photovoltaic
installation fails to remove the installation in accordance with the requirements of this
section within 150 days of abandonment or the proposed date of decommissioning, the
Town may enter the property and physically remove the installation.
(c)

Financial Surety: To enable the Town, if necessary, to remove the installation and
remediate the landscape, the following conditions shall apply:
01) Within thirty (30) days following the issuance of the Special Permit, or before
construction of the ground-mounted solar photovoltaic installation begins or is
planned to being, whichever first occurs, the applicant and any co-applicants
together, or the owner(s) of the ground-mounted solar photovoltaic installation to
be constructed, as the case may be, shall provide a form of surety, either through
escrow account, bond or otherwise, to cover the costs to the Town of such removal
and remediation;
02) The surety shall be in the form and principal amount as determined to be
reasonable by, and satisfactory to, the Town, but in no event will such principal
amount exceed more than one hundred twenty-five percent (125%) of the thenestimated costs of such removal and remediation;
03) The applicant and any co-applicant(s) together, or owners(s) as above so
described, as the case may be, shall submit a fully inclusive estimate of such thenestimated costs, as prepared by a professional estimator reasonably acceptable to
the Town;
04) The surety shall include a process for calculating the increased costs of such
removal and remediation as a result of inflation, with inflation to be determined
by reference to the United States Department of Labor Consumer Price Index;
05) The principal amount of the surety will be adjusted for inflation every five years
for so long as the surety is in force and effect;
06) Upon subsequent conveyance of said ground-mounted solar photovoltaic
installation, any subsequent owner(s) of the facility shall provide a replacement
surety in a form and principal amount determined to be reasonable by, and
satisfactory to, the Town calculated, based on a submitted fully inclusive estimate
of such then-estimated costs of such removal and remediation, as prepared by a
professional estimator reasonably acceptable to the Town, but in no event will
such principal amount exceed more than one hundred twenty-five percent (125%)
of the said estimate of such then-estimated costs, all in accordance with, and

ATM Warrant Articles 27, 28, 29

Page 102 of 218

May 5, 2026

subject to, the preceding terms and conditions;
07) Only one such surety will be required to be in force and effect at any time; and
08) No such surety will be required for municipal or state-owned facilities
(15) Invalidity or Unenforceability: If any provision(s) of this Bylaw is (are) determined by
operation of law or a court of competent jurisdiction to be invalid or unenforceable, then the
remaining provisions of this Bylaw shall remain in full force and effect. If the Special Permit
provisions of this Bylaw are deemed invalid or unenforceable, then the Site Plan Review
provisions contained herein shall apply to all proposed installations occupying one-quarter
acre or more.
G.

Omitted Reserved.

H.

Marijuana Establishments and Medical Marijuana Treatment Centers:
(1)

Purpose:
(a) To provide a permitting process for the placement of Marijuana Establishments, in
accordance with G.L. c. 94G, § 1, et seq. (hereinafter G.L. c. 94G), and Medical
Marijuana Treatment Centers, in accordance with G.L. c. 94I, § 1, et seq. (hereinafter G.
L. c. 94I), and the Cannabis Control Commission (hereinafter CCC) Regulations
promulgated thereunder, 935 CMR 500.000 and 935 CMR 501.000, as the same may be
amended from time-to-time, in locations suitable for lawful Marijuana Establishments;
(b) To minimize and mitigate adverse impacts of Marijuana Establishments and Medical
Marijuana Treatment Centers on adjacent properties, public ways, residential
neighborhoods, historic districts, schools, playgrounds and other locations where minors
congregate, and other land uses potentially incompatible with said facilities, by
regulating the siting, design, and placement of Marijuana Establishments and Medical
Marijuana Treatment Centers.

(2)

Definitions:
(a) Definition of Marijuana, and Marijuana Establishments, and Medical Marijuana
Treatment Centers:
Craft Marijuana Cultivator Cooperative: is A marijuana cultivator comprised of
residents of the Commonwealth organized as a limited liability company or limited
liability partnership under the laws of the Commonwealth, or an appropriate business
structure as determined by the CCC, and that is licensed to cultivate, obtain, manufacture,
process, package, and brand marijuana and marijuana products to deliver marijuana to
Marijuana Establishments, but not to consumers, as defined in G.L. c. 94G.

ATM Warrant Articles 27, 28, 29

Page 103 of 218

May 5, 2026

Marijuana or Marihuana: is All parts of any plant of the genus Cannabis, not excepted
below and whether growing or not; the seeds thereof; and resin extracted from any part
of the plant; and every compound, manufacture, salt, derivative, mixture or preparation
of the plant, its seeds or resin including tetrahydrocannabinol as defined in section 1 of
chapter 94C of the General Laws; provided that "Marijuana'' shall not include:
01) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds
of the plant or the sterilized seed of the plant that is incapable of germination;
02) Hemp; or
03) The weight of any other ingredient combined with marijuana to prepare topical or
oral administrations, food, drink or other products.
Marijuana Cultivator: is An entity licensed to cultivate, process, and package marijuana,
to deliver marijuana to Marijuana Establishments and to transfer marijuana to other
Marijuana Establishments, but not to consumers, as defined in G.L. c. 94G.
Marijuana Establishment: is considered A cultivator, marijuana testing facility,
marijuana product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business, all as defined in G.L. c. 94G. Said Marijuana Establishment
shall be deemed independent of any other definition in this bylaw and not a subset or
subcategory of any other category. Said Marijuana Establishment may never be
considered an accessory use.
Marijuana Product Manufacturer: is An entity licensed to obtain, manufacture, process
and package marijuana and marijuana products, to deliver marijuana and marijuana
products to Marijuana Establishments and to transfer marijuana and marijuana products
to other Marijuana Establishments, but not to consumers, as defined in G.L. c. 94G.
Marijuana Products: are Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana and products
composed of marijuana and other ingredients that are intended for use or consumption,
including edible products, beverages, topical products, ointments, oils, and tinctures, as
defined in G.L. c. 94G.
Marijuana Retailer: is An entity licensed to purchase and deliver marijuana and
marijuana products from Marijuana Establishments and to deliver, sell or otherwise
transfer marijuana and marijuana products to Marijuana Establishments and to
consumers, as defined in G.L. c. 94G, further provided that a Marijuana Retailer may not
be considered a Retail Business in any other context.

ATM Warrant Articles 27, 28, 29

Page 104 of 218

May 5, 2026

Marijuana Testing Facility: is An entity licensed to test marijuana and marijuana
products, including certification for potency and the presence of contaminants, as defined
in G.L. c. 94G.
Medical Marijuana Treatment Center (formerly known as a Registered Marijuana
Dispensary (RMD)),: means An entity licensed under 935 CMR 501.101 that acquires,
cultivates, possesses, processes (including development of related products such as
edibles, MIPs, tinctures, aerosols, oils, or ointments), repackages, transports, sells,
distributes, delivers, dispenses, or administers Marijuana, products containing Marijuana,
related supplies, or educational materials to Registered Qualifying Patients or their
Personal Caregivers for medical use. Unless otherwise specified, MTC refers to the
site(s) of dispensing, cultivation, and preparation of Marijuana for medical use.
(b) Definition of other terms used in this section: Where not expressly defined in the Code
of the Town of Newbury, Chapter 97, Zoning, terms used in this Section shall be
interpreted as defined in G.L. c.94G, G.L. c. 94I, and the CCC Regulations promulgated
thereunder, 935 CMR 500.000, et seq. and 935 CMR 501.000, et seq., as the same may
be amended from time-to-time, and otherwise by their plain language.
(3)

General Requirements:
(a) A Special Permit shall be required for the establishment of a Marijuana Establishment or
Medical Marijuana Treatment Center. For the purposes of this Section, the SPGA shall
be the Planning Board.
(b) All permitted Marijuana Establishments or Medical Marijuana Treatment Centers shall
have received a provisional license from the CCC and shall comply with all applicable
state and local public health regulations and all other applicable state and local laws, rules
and regulations at all times. Failure to obtain a final license from the CCC shall result in
automatic rescission of the special permit as more fully described in 7(d) below. No
Building Permit or Certificate of Occupancy shall be issued for a Marijuana
Establishment or Medical Marijuana Treatment Center that has not received a provisional
license from the CCC.
(c) The Special Permit shall be valid only for the Applicant(s) (hereinafter Applicant), shall
become invalid if the Applicant ceases operating the licensed Marijuana Establishment
or Medical Marijuana Treatment Center, and shall not transfer with a change in
ownership of the business and/or property.
(d) The Special Permit shall become invalid if the Applicant fails to obtain a final license
from the CCC or upon the expiration or termination of the Marijuana Establishment's or
Medical Marijuana Treatment Center’s CCC license.
(e) Parking and loading for a Marijuana Establishment or Medical Marijuana Treatment

ATM Warrant Articles 27, 28, 29

Page 105 of 218

May 5, 2026

Center shall be in accordance with § 97-7. Off Street Parking, Access, and Loading of
Newbury's Zoning Bylaw. However, the SPGA may require a greater number of parking
spaces and/or loading bays if it finds, based on the application materials submitted to the
SPGA regarding operation of the Marijuana Establishment or Medical Marijuana
Treatment Center, that the minimum requirements are not sufficient.
(f) All signage shall conform to the requirements of § 97-8. Sign Regulations of Newbury's
Zoning Bylaw. Any exterior sign may identify the Establishment, but shall not contain
any other advertisement. The SPGA may impose additional restrictions on signage as
appropriate for the site, provided such regulations and restrictions do not conflict with
state law or any CCC regulation.
(g) All Marijuana Establishments or Medical Marijuana Treatment Center shall operate
within a fully enclosed building that is monitored by surveillance cameras, alarm
systems, and all other security measures in accordance with CCC Regulations deemed
appropriate to ensure patron and community safety and deter unauthorized access to the
premises.
(h) No products shall be displayed in the Marijuana Establishment's or Medical Marijuana
Treatment Center’s windows or visible from any street or parking lot.
(i) Industry Best Management Practices shall be utilized to control odors inside and outside
all types of Marijuana Establishments or Medical Marijuana Treatment Center. No odors
from marijuana or its processing shall be detectable by a person with an unimpaired and
otherwise normal sense of smell at the exterior of the Marijuana Establishment or
Medical Marijuana Treatment Center or at any adjoining property or use.
(j) Waste disposal shall be in accordance with the CCC Regulations and State and local
regulations. No composting of waste materials may occur at the Marijuana Establishment
or Medical Marijuana Treatment Center. Outside storage of general solid waste not
containing any usable marijuana shall be screened with a locked fence. Solid waste
containing any usable marijuana shall be stored inside a designated locked, limitedaccess area located inside the main structure. Liquid waste from processing or disposal
of marijuana shall not be discharged to surface waters or groundwater or septic systems.
Liquid waste must be stored pending disposal in an industrial wastewater holding tank in
accordance with 314 CMR 18.00: Industrial Wastewater Holding Tanks and Containers.
(4)

Location:
(a) The Zoning Districts in which Craft Marijuana Cultivator Cooperatives, Marijuana
Cultivators, Marijuana Product Manufacturers, and Marijuana Testing Facilities may be
located are the Business & Light Industrial District and the Commercial Highway
District, excluding that area of the Commercial Highway District at the Northwestern
Junction of the right-of-way of I-95 and Central Street.

ATM Warrant Articles 27, 28, 29

Page 106 of 218

May 5, 2026

(b) The Zoning District in which Marijuana Retailers or Medical Marijuana Treatment
Centers may be located is the Business & Light Industrial District.
(c) No Marijuana Retailer or Medical Marijuana Treatment Center may be located within
1,000 feet of the real property comprising any of the following:
01) A public or private school;
02) Daycare center; or
03) A similar facility in which minors commonly congregate (e.g. library, playground,
etc.).
(d) No Craft Marijuana Cultivator Cooperatives, Marijuana Cultivators, Marijuana Product
Manufacturers, and Marijuana Testing Facilities may be located within 500 feet of the
real property comprising any of the following:
01) A public or private school;
02) Daycare center; or
03) A similar facility in which minors commonly congregate (e.g. library, playground,
etc.).
(e) No Marijuana Establishment or Medical Marijuana Treatment Center may be located
within 300 feet of the real property comprising a residence.
(f) 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 (4)(c), (4)(d), or (4)(e) above to
the nearest point of the property line of the proposed Marijuana Establishment or Medical
Marijuana Treatment Center.
(5)

Application Process and Requirements:
(a) Application Procedures: The application for a Special Permit for a Marijuana
Establishment or Medical Marijuana Treatment Center shall be filed at a regularly
scheduled Planning Board meeting and with the Town Clerk in accordance with § 9711.C.(1) of Newbury's Zoning By- Law and with G.L. c. 40A § 9. The application shall
be signed by a duly authorized officer of the Applicant.
(b) Required Documents: The Applicant shall provide the SPGA with 15 copies of the
application and the required fees. All plans and maps shall be prepared, stamped, and
signed by a professional engineer or architect licensed to practice in Massachusetts. An
application to the SPGA shall include, at a minimum, the following information:

ATM Warrant Articles 27, 28, 29

Page 107 of 218

May 5, 2026

01) The Applicant's name, address, telephone number, and email address;
02) Evidence that the Applicant has site control and the right to use the site for a facility
in the form of a deed or valid purchase and sale agreement, or, in the case of a lease,
a notarized statement from the property owner and a copy of the lease agreement;
03) A certified copy of the provisional license issued by the CCC to the Applicant,
along with copies of all other materials issued by the CCC to the Applicant, except
for those materials that are deemed by the CCC to be confidential and therefore
subject to the public records exemption;
04) A narrative providing information about the type and scale of all activities that will
take place on the proposed site, including but not limited to, cultivating and
processing of marijuana or marijuana products as defined in G.L. c. 94G, § 1, onsite sales, off-site deliveries, distribution of educational materials, and other
programs or activities;
05) A map depicting all properties and land uses within a one thousand-foot (1,000')
radius (minimum) of the project site, whether such uses are located in Newbury or
within surrounding communities, including, but not limited to, all educational uses,
daycare, preschool and afterschool programs, playgrounds, libraries, public parks,
houses of worship, and housing facilities owned by a public housing authority;
06) A plan or plans depicting all proposed development on the property, including the
dimensions of the building, the layout of parking, the location of pedestrian and
vehicular points of access and egress, the location and design of all loading, refuse
and service facilities, the location, type, and direction of all outdoor lighting on the
site, and any landscape design;
07) A plan or plans showing any proposed stormwater management system, which
plan(s) shall meet the submission requirements of Newbury's Stormwater
Management Rules and Regulations;
08) Architectural drawings of all exterior building facades and all proposed signage,
specifying materials and colors to be used. Perspective drawings and illustrations
of the site from public ways and abutting properties are strongly recommended, but
not required;
09) A written Energy Use/Environmental Plan demonstrating best practices for energy
conservation to ensure that there are no undue impacts on the natural environment;
the plan shall include proposed energy and water conservation measures, including
use of energy efficient lighting where appropriate, measures for controlling odors
and effluent, and measures for disposal of solid waste.

ATM Warrant Articles 27, 28, 29

Page 108 of 218

May 5, 2026

10) Traffic Impact Report;
11) A Security Plan, to be submitted to the Newbury Police Department only, including
all security measures for the site and for transportation of marijuana and marijuana
products to and from off-site premises. The Security Plan shall include a site plan
showing all exterior proposed security measures for the premises, including
lighting, fencing, gates and alarms, etc., which seek to ensure the safety of
employees and patrons and to protect the premises from theft or other criminal
activity;
12) A description of waivers, if any, from the CCC Regulations issued for the
Marijuana Establishment or Medical Marijuana Treatment Center, and whether or
not the Applicant is a Social Equity Business, as defined by the CCC Regulations.
(c) Within five business days of the receipt of the application, the SPGA shall refer copies
of the application to the Building Commissioner, the Conservation Commission, the
Board of Health, the Fire Department, and the Police Department. These
boards/departments shall review the application and shall submit their written
recommendations. Failure to make recommendations within 30 days of referral of the
application shall be deemed lack of opposition.
(d) After notice and public hearing and consideration of application materials, public
comments, and the recommendations of other Town boards and departments, the SPGA
shall act upon the application.
(6)

Decision Criteria: The SPGA shall issue a special permit for a Marijuana Establishment or
Medical Marijuana Treatment Center only if it finds that the Applicant has submitted
sufficient information from which it can conclude that:
(a) The Marijuana Establishment or Medical Marijuana Treatment Center has received a
provisional license CCC as required in (3)(b) above and complies with all applicable state
and local laws, regulations, and requirements, including, but not limited to, health and
safety regulations, and construction and environmental requirements;
(b) The building and site have been designed to be reasonably compatible with other
buildings in the area;
(c) The siting of the Marijuana Establishment or Medical Marijuana Treatment Center will
be accomplished so as to minimize any adverse impacts on abutters and other parties in
interest, as defined in G.L. c. 40A, § 11, including but not limited to compliance with the
following:
01) proper location in accordance with the distance and location requirements in § 975.H (4) above

ATM Warrant Articles 27, 28, 29

Page 109 of 218

May 5, 2026

02) design which ensures sufficient buffering, except to the extent that any part of such
buffering is contrary to state law and the CCC Regulations;
03) design which minimizes visual impacts, noise, odors, and light pollution or other
undue nuisance;
04) design which creates no hazard or congestion;
05) design which shields loading and service areas;
06) design which ensures adequate waste disposal of products containing usable
marijuana that does not adversely impact the environment or water resources.
(d) The Marijuana Establishment or Medical Marijuana Treatment Center will create no
substantial harm to the established or future character of the neighborhood or town.
(e) With due consideration to aesthetics, the Marijuana Establishment or Medical Marijuana
Treatment Center is designed to ensure convenient, safe and secure access as follows:
01) personal safety of those working at or utilizing the facility;
02) personal safety for clients and invitees; and
03) loading and service areas are designed to be secure;
04) protection of the premises from theft.
(f) The Applicant has not provided materially false documents or testimony.
(g) The Applicant has satisfied all of the conditions and requirements of Newbury's Zoning
Bylaw.
(7)

Special Permit Conditions: The SPGA shall impose conditions reasonably appropriate to
improve siting, design, placement, traffic flow, and public safety; protect water quality, air
quality, and significant environmental resources; preserve the character of the surrounding
area; and otherwise serve the purpose of this Bylaw. In addition to any specific conditions
applicable to the Marijuana Establishment or Medical Marijuana Treatment Center, the
SPGA shall include the following conditions in any special permit granted under this Bylaw:
(a) Within 24 hours of creating an Incident Report required by the CCC Regulations, the
permit holder shall file a copy of said Incident Report with the Select Board, with copies
to the Zoning Enforcement Officer and the SPGA. Such reports may be redacted as
necessary to comply with any and all applicable laws and regulations;
(b) 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

ATM Warrant Articles 27, 28, 29

Page 110 of 218

May 5, 2026

a hearing, or final action issued by the CCC or the Division of Administrative Law
Appeals, as applicable, regarding the Marijuana Establishment with the Select Board,
with copies to the Zoning Enforcement Officer and the SPGA, within 48 hours of receipt
by the Marijuana Establishment or Medical Marijuana Treatment Center;
(c) The permit holder shall provide to the Select Board, the Zoning Enforcement Officer, the
SPGA, the Police Chief, and the Fire Chief the name, telephone number and email
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;
(d) The Special Permit shall be limited to the current Applicant, shall become invalid if the
permit holder ceases operating the Marijuana Establishment or Medical Marijuana
Treatment Center, and shall not transfer with a change in ownership of the business
and/or property;
(e) The Special Permit shall become invalid upon the expiration or termination of the
Applicant's CCC license or the failure of the Applicant to receive a final license from the
CCC;
(f) The permit holder shall notify the Select Board in writing, with copies to the Zoning
Enforcement Officer, the Police Department, and the SPGA, within 48 hours of the
cessation of operation of the Marijuana Establishment or Medical Marijuana Treatment
Center, notice by the CCC of denial of a final license, or the expiration or termination of
the permit holder's CCC license;
(g) In the event that the CCC revokes, fails or refuses to issue a final license to the Marijuana
Establishment or Medical Marijuana Treatment Center, a Special Permit issued by the
Town for the Marijuana Establishment shall be deemed null and void;
(8)

Prohibition against Nuisances: The Marijuana Establishment or Medical Marijuana
Treatment Center shall not create a nuisance to abutters or to the surrounding area, or create
any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors,
obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent, or
electrical interference, which may impair the normal use and peaceful enjoyment of any
property, structure or dwelling in the area.

(9)

Conflicts with State Law and Regulations: If any provision, paragraph, sentence, or clause
of this Bylaw shall be determined to be in conflict with applicable State Law or Regulations,
the provisions of said State Law or Regulations shall prevail.

(10) Severability: The provisions of this Bylaw are severable. If any provision, paragraph,
sentence, or clause of this Bylaw or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect the other provisions or
ATM Warrant Articles 27, 28, 29

Page 111 of 218

May 5, 2026

application of this Bylaw.

Article VI
DIMENSIONAL REGULATIONS
§ 97-6 Dimensional Regulations.
A.

General Regulations.
(1)

B.

Any building, structure, or part thereof, converted, constructed, altered, or moved shall
conform with the requirements for lot area, frontage, setbacks, floor area ratio (FAR), lot
coverage, and height as set forth in this table unless otherwise specified elsewhere in this
Bylaw. [Amended 5-19-2015 ATM by Art. 23]

Table of Dimensional Requirements. [Amended 5-26-2009 ATM, Art. 30; 5-24-2011 ATM, Art.
23; 5-22-2012 ATM, Arts. 21, 22]
TABLE OF DIMENSIONAL REQUIREMENTS
Minimum Dimensions
Maximum Dimensions(6)
Lot
Lot Area Frontage
SetBbacks(6)
Footprint Coverage Height*
Front
Side and
Street
Rear
Property
Property
Line
(sft)
(ft)
line (ft)
(ft)
(sft)
(%)
(ft)

Zoning
District
R-AG
Single Family 40,000(1)
Residence
Two Family 60,000(1)
Residence —
Served by a
public water
supply
Two Family 80,000(1)
Residence —
all other
PR
40,000(1)

125

10(2)

20(2)

—

—

35

125

10(2)

20(2)

—

—

35

125

10(2)

20(2)

—

—

35

125

10(2)

20(2)

—

—

35

20(2)
20

—

—

35

50

35

50

35

R-LB

80,000(1)

125

BVB

10,000(1)

100

10(2)
10

CH

40,000(4)

200

25

50

2,500(5)
—

CHA

40,000(4)

200

25

50

—

50

35

LIB

40,000(1)

200

25(3)

50(3)

—

50

35

ATM Warrant Articles 27, 28, 29

Page 112 of 218

May 5, 2026

Zoning
District
UGB

TABLE OF DIMENSIONAL REQUIREMENTS
Minimum Dimensions
Maximum Dimensions(6)
Lot
(6)
Lot Area Frontage
SetBbacks
Footprint Coverage Height*
Front
Side and
Street
Rear
Property
Property
Line
(sft)
(ft)
line (ft)
(ft)
(sft)
(%)
(ft)
(1)
100
10
20
—
25
35
20,000

BLI

40,000(1)

200

25(3)

50(3)

—

50

35

PRM

40,000(1)

200

25(3)

50(3)

—

50

35

Notes:
(1)

(2)

(3)

(4)

(5)
(6)

*

Required contiguous upland. Regardless of the actual lot size, at least 80% of the minimum lot
area for the district shall be contiguous in uplands and shall not be in wetlands or in the Parker
River-Essex Bay Great Marsh Area of Critical Environmental Concern (ACEC). Such
wetlands are defined in M.G.L. Chapter 131, Section 40 as amended, and include without
limitation bogs, swamps, marshes, wet meadows, and areas of flowing or standing water,
sometimes intermittent, and are characterized by their distinctive soils, including but not limited
to peat or muck, by the existence of plant communities which require the presence of water at
or near ground surface for the major portion of the year. Such plant communities are those
described in M.G.L., Chapter 131, Section 40 as amended. [Amended 6-26-2001 STM, Art. 8;
6-24-2003 STM, Art. 15] [Added 6-24-2003 STM, Art. 17] [Added 6-24-2003 STM, Art. 16]
No part of any new building on lots in said district may stand less than 10 feet from a property
line or less than 20 feet from a street front property line unless a nearer building line is already
established by existing buildings on the adjacent lots.
No building on any lot shall be closer than 50 feet to a highway or watercourse or less than 25
feet from any side or rear boundary or more than 35 feet in height as measured from the mean
sea level of the established grade at the building to the mean height of the roof.
Each lot shall have an area not less than 40,000 square feet and shall have a frontage on an
accepted way of not less than 200 feet (an additional 2,000 square feet of gross area shall be
required for each unit in any motel).
Maximum footprint area of a permitted non-residential building shall neither exceed 2500 square
feet nor cover more than 50% of the lot.
The setback, footprint, lot coverage, and height requirements set forth in this Table shall
apply unless otherwise specified elsewhere in this Zoning Bylaw.
See height definition section 97-11.D

Article VII
PARKING
[Amended 4-22-2003 ATM, Art. 3; 5-26-2009 ATM, Art. 35]

ATM Warrant Articles 27, 28, 29

Page 113 of 218

May 5, 2026

§ 97-7 Off Street Parking, Access, and Loading
A.

Purpose. The purpose of this Article is to establish standards ensuring the availability and safe use
of parking areas. It is intended that any use of land involving the arrival, departure, or temporary
storage of motor vehicles, and all structures and uses requiring the delivery or shipment of goods
as part of their function, be designed and operated to:
(1)

Promote traffic safety by assuring adequate places for storing of motor vehicles off the street,
and for their orderly access and egress to and from the public street;

(2)

Prevent the creation of surplus amounts of parking spaces contributing to unnecessary
development and additional generation of vehicle trips, resulting in traffic congestion and
traffic service level deterioration on roadways;

(3)

Reduce hazards to pedestrians and increase pedestrian connectivity between and within sites;

(4)

Reduce unnecessary amounts of impervious surface areas from being created;

(5)

Protect adjoining lots and the general public from nuisances and hazards such as:
a) noise, glare of headlights, dust and fumes resulting from the operation of motor vehicles;
b) glare and heat from parking lots; and
c) lack of visual relief from expanses of paving.

B.

(6)

Increase the mobility and safety for bicyclists; and

(7)

Reduce other negative impacts such as carbon output.

Applicability. No building permit or certificate of occupancy shall be issued for the erection of a
new building, the enlargement or increase in the net floor area of an existing building, the
development of a use not located in a building, or the change from one type of use to another, unless
off-street parking spaces, loading bays and bicycle parking are provided in accordance with this
bylaw.
(1)

C.

Exception: Where the net floor area of an existing single or two-family residence is increased,
no change in existing parking will be required if the building inspector Building
Commissioner determines that the increase is minor and will not affect the parking
requirement.

Access
(1)

Driveways for single and two-family residences, except Common Driveways, shall have a
minimum width of 9 feet.

ATM Warrant Articles 27, 28, 29

Page 114 of 218

May 5, 2026

(2)

(3)
D.

Driveways for all other uses, except Common Driveways, shall have a minimum width of
twelve (12) feet for one-way traffic, and eighteen (18) feet for two-way traffic, and shall meet
the following requirements:
(a)

Clearance: Traveled way shall have a two (2) foot shoulder on each side, and the entire
way shall be maintained clear of any obstructions (e.g.; light poles, mailboxes, trees
and limbs, shrubs, etc.).

(b)

Grades: Centerline grade shall be no less than one (1) per cent nor greater than fifteen
(15) percent, except that no grade change shall exceed ten (10) percent over a distance
of twenty (20) feet. Side shoulder grade shall not exceed five (5) percent, and shall
slope away from the traveled way to direct water to the sides.

(c)

Curves: Minimum centerline radius shall be not less than one hundred (100) feet.

(d)

Overhead Clearance: The space thirteen (13) feet, nine (9) inches above the driveway
shall be maintained clear of wires, branches, or any other obstructions.

Common Driveways: Allowed by Special Permit; see § 97-5.D.

Parking
(1)

One- and Two-Family Residential Parking
(a)

A minimum space of eight (8) feet by eighteen (18) feet shall be provided for each
vehicle.

(b)

Required minimum parking spaces:
TYPE OF RESIDENCE
One- & two-family
Accessory apartment Dwelling Unit
Bed & Breakfast

(c)

(2)

MINIMUM NUMBER OF SPACES
2 per dwelling unit
1 per unit See ADU parking requirements
in § 97-10.D.(4)(f)
1 per rental unit/guest room plus 2 spaces per
dwelling unit

For parking associated with developments requiring a special permit or site plan
review, the Planning Board by special permit may reduce the minimum required
number of parking spaces by a maximum of twenty-five (25%) percent, based on a
determination that the specific style of development requires fewer spaces than
otherwise required by the general standards set out in 97-7.A. above.

General Parking
(a)

On site and off-street parking and loading shall be provided in accordance with the

ATM Warrant Articles 27, 28, 29

Page 115 of 218

May 5, 2026

table below, unless otherwise specified by special permit or elsewhere in this By-Law
Bylaw:
GENERAL PARKING AND LOADING REQUIREMENTS
USE1
Assembly:

a)

Restaurant, nightclub,
banquet hall, meeting hall,
adult entertainment club,
tavern and bar
b) Church/places of worship,
auditorium, theater
c) Health Club
Business:
a) Animal hospital/veterinary
clinic
b)
c)

Bank
Barber and beauty shop

d)
e)

Civic administration
Educational (above 12th
grade)
Medical/dental office

f)

g)

PARKING SPACES
LOADING
Minimum
Minimum
0.3 per 1,000 s.f. Gross Floor See Note 3 below
Area (GFA) unless otherwise
noted (u.o.n.)2
0.3 per seat rated capacity, plus
1 per employee

1 per 5 seats rated capacity
6 per 1,000 s.f. GFA
0.3 per 1,000 s.f. GFA u.o.n. See Note 3 below
1 per doctor plus 1 for each
employee plus 1 per examining
room
1 per 400 s.f. GFA
2 per each practitioner plus 1
for each additional employee
1 per 400 s.f. GFA
1 per 400 s.f. GFA
1 per doctor, plus one per
employee, plus 1 per
examining room
1 per 400 s.f. GFA

Professional services office
(attorney, architect, engineer,
etc.)
h) Motor vehicle repair/service 1 per employee plus 3 per bay
station
Educational:
See Note 3 below
a) Nursery School/Daycare
1 per 5 students, plus 1 per
teacher and/or staff
b) K-8
1.5 per classroom
c) 9-12
0.2 per student plus 1 per staff
Factory and Industrial:
2 per 1,000 s.f. GFA
See Note 3 below
Institutional:
See Note 3 below
a) Nursing homes/
1 per 2 employees plus 1 per
Rehabilitation Facilities
doctor plus 1 per 2 beds
ATM Warrant Articles 27, 28, 29

Page 116 of 218

May 5, 2026

GENERAL PARKING AND LOADING REQUIREMENTS
USE1

PARKING SPACES
LOADING
Minimum
Minimum
b) Adult care facility
1 per staff plus 1 per 2
residents
c) Police Station/Fire Station
1 per staff on largest shift plus
2 per each official vehicle
Mercantile/Retail:
0.3 per 1,000 s.f. GFA u.o.n. See Note 3 below
a) Drug stores
3 per 1,000 s.f. GFA
b) Markets
3 per 1,000 s.f. GFA
c) Retail or wholesale stores
3 per 1,000 s.f. GFA
d) Showrooms
0.5 per 1,000 s.f. GFA
Residential (other than one- and twoSee Note 3 below
family dwellings):
a) Hotel/motel/inn
1 per guest room or suite plus
1 per employee on largest
shift, plus 50% of spaces
required for accessory uses
b) Multi-family dwellings
2 per dwelling unit for the first
2 units and 1.5 per unit for all
subsequent units 1 per one
bedroom or studio; 2 per two
bedroom or greater
c) Dormitories
1 per teacher and staff plus 1
parking space for each
sleeping room
d) Assisted living residence
1.5 per unit
Warehouse/Storage:
1 per each employee on the
See Note 3 below
largest shift
Utility and Miscellaneous:
1 per 1,000 s.f. GFA
See Note 3 below
Uses Not Otherwise Specified in this Spaces sufficient to
See Note 3 below
Table
accommodate on site all users
of the facility, as established
through documentation
submitted to satisfy special
permit or site plan review,
which ever may apply, or if no
such requirements apply,
documentation to the
satisfaction of the Building
Inspector Commissioner
1. For purposes of this table, Use refers to Use and Occupancy classifications in accordance with
Massachusetts 780 CMR 3.00, Seventh Edition.
2. Parking calculated per person or per Gross Floor Area (GFA) unless otherwise noted.
ATM Warrant Articles 27, 28, 29

Page 117 of 218

May 5, 2026

GENERAL PARKING AND LOADING REQUIREMENTS
USE1
3.

PARKING SPACES
LOADING
Minimum
Minimum
Loading spaces: All uses indicated above and other uses with regular delivery and/or shipping
activity shall provide loading spaces according to the following:
5,000-20,000 s.f. GFA
1 space
20,001-50,000 s.f. GFA

2 spaces

50,001-100,000 s.f. GFA

3 spaces

Every additional 100,000 s.f. GFA

1 space

(b)

Maximum numbers of parking spaces: No maximum limits have been included in the
table in § D.(2).(a); above; however, development plans which actively seek to keep
both parking spaces and associated impervious surfaces to a functional and sufficient
minimum will be strongly encouraged in order to reduce run off and heat retention. See
§ 97-7.A.(1) and –A.(4) above.

(c)

Other parking area design: tThe following shall apply:
01) Parking spaces: Each parking space shall be provided have direct access to an
aisle or driveway. Parking spaces shall each provide space adequate to park an
automobile, plus means of access, with dimensions meeting standards for standard
and compact automobiles established by the Planning Board in the Rules and
Regulations which accompany this bylaw. Spaces shall be clearly delineated by
signage, wheel stops, or lines on the pavement (if paved).
02) Size: Standard parking spaces shall be a minimum of 9 feet wide by 18 feet long.
03) All weather usability: All areas used for required parking and vehicular travel
shall be provided with a base and surface that will support the intended use for all
weather conditions, or unless, in performing Site Plan Review (see § 97-9.A), the
Planning Board determines that, because of seasonal or otherwise limited use, an
alternative surface will adequately prevent dust, erosion, water accumulation or
unsightly conditions.
04) Location: All required parking shall be provided onsite, or in the same zoning
district within 250' and in the same ownership of the subject property.
05) Backing prohibited: No parking space shall be located to require backing to or
from a street.

ATM Warrant Articles 27, 28, 29

Page 118 of 218

May 5, 2026

06) For Parking Lots for ten (10) or more vehicles, the parking area design
Construction, expansion, or alteration of a parking area resulting in six (6)
or more new parking spaces shall be subject to Site Plan Review (see § 97-9.A)
and to the Stormwater Management Bylaw (see § Chapter 87)
07) Lighting: aAll lights illuminating a parking area shall be Dark Sky compliant
and shall be designed and located so as to direct light away from any street and
adjacent property, shall be limited to no more than 10,000 lumens per fixture,
shall have a color temperature no more than 3000K, and shall be restricted in
height to a maximum of twenty (20) feet. No low-pressure sodium vapor lighting
shall be permitted.
08) Grades: No area used for required parking shall exceed two (2) percent in grade
in any direction.
09) Computation: When unit of measurement the calculation determining the
number of required parking spaces results in a fraction of a space, any fraction
over one-half shall require an additional space.
10) For parking associated with uses requiring a special permit or site plan review,
the Planning Board by special permit may reduce the required number of parking
spaces by a maximum of twenty-five (25%) percent, based on a determination
that the specific use requires fewer spaces than otherwise required by the general
standard.
11) Snow storage: One or more areas abutting the parking area(s) shall be provided,
at the rate of forty (40) square feet per parking space, for the storage of plowed
snow.
12) Multiple uses: When a lot includes more than one principle principal use, parking
shall be provided in an amount equal to the sum of the requirements of the
individual uses, except where shared spaces may be possible in the case of
distributive use times.
13) Handicapped parking shall comply with Massachusetts 521CMR and all
applicable Federal laws and regulations which require additional or higher
standards of compliance than Mass. 521CMR.
E.

Loading
(1)

Loading spaces: for provision of required spaces see table in D.(2) above.
(a)

Each loading space shall measure a minimum of ten (10) feet in width by forty (40))
feet in length; shall not be an area designated for parking or other use; and shall not be
located within twenty (20) feet of any single or two-family residential property or

ATM Warrant Articles 27, 28, 29

Page 119 of 218

May 5, 2026

street.
(b)

Other Loading Requirements: All loading shall be on the same lot as the principle use.

(c)

Backing prohibited: No loading space shall be located to require backing to or from a
street.

Article VIII
SIGNS
§ 97-8 SIGN REGULATIONS.
[Amended 5-22-2007 ATM, Art. 24]
A.

Purpose.
The purpose of this section Article is to allow such signs as are designed to:

B.

(1)

Preserve and enhance the appearance of the Town of Newbury and protect our investment in
buildings and open space.

(2)

Encourage sound signing practices for business identification and public information.

(3)

Prohibit excessive and confusing sign displays.

(4)

Eliminate potential hazards to motorists and pedestrians created by distracting and
inappropriate sign displays.

(5)

Provide commercial signing which is used primarily as identification and not as advertising.

Definitions.
The term "sign" shall include any fabricated or outdoor display structure consisting of any logo,
letter, character, design, reading matter, or illuminating device; constructed, fastened or
manufactured so that the same shall be used for the attraction of the public to any place, firm, public
performance, or merchandise and displayed for advertising purposes.
As used in this section, the following words and terms shall have the following meanings:
(1)

Advertising Display Area: The copy area encompassed within any simple geometrical figure
which would enclose all parts of the sign. It shall not include any structural supports for the
sign except to provide a frame for it, and provided that no copy is included on such supports.
In the case of two sided ground signs or freestanding signs only 50% of the total of the two
sides shall count as part of the allowed sign area permitted in the applicable zone.

(2)

Animated Sign: Any sign which attracts attention by movement, changing colors, flashing

ATM Warrant Articles 27, 28, 29

Page 120 of 218

May 5, 2026

or revolving. It shall not include time-temperature signs.
(3)

Agricultural Sign: A sign which has wording to advertise products raised or grown
principally on the premises and signs advertising these products which may be changed
periodically.

(4)

Awning or Canopies: All lettering or graphics on awnings or canopies shall require a sign
permit and count as part of allowed sign area. No awning or canopy shall be illuminated in
such a way that the light from such illumination is directly visible through the canopy or
awning.

(5)

Directional Signs: Any sign located on the premises to provide for the safe flow of vehicular
and pedestrian traffic upon said premises.

(6)

Freestanding Sign: Any mobile or portable sign not securely attached to the ground or any
building and intended for temporary purposes.

(7)

Ground Sign: Any permanent sign which is erected on supports in the ground and not
attached to any building.

(8)

Non-commercial use: A sign containing no commercial message or intent, such as a "no
trespassing" sign; or a sign qualifying under a "freedom of speech" provision (e.g. a sign
expressing a belief or sentiment).

(9)

Roof Sign: Any sign which is erected so as to project higher than the cornice of the building
on which it is erected.

(10) Off-Premise Sign: Any sign erected to advertise or give directions to an establishment or
merchandise which is not sold, produced, manufactured or furnished at the property on which
the sign is located.
(11) Projecting Sign: Any sign attached to a building which projects more than twelve (12) inches
from a building wall and is intended to be read from the side.
(12) Wall Sign: Any sign painted or permanently attached to and parallel with the wall of a
building and extending not more than twelve (12) inches from the wall of the building.
(13) Window Sign: Any sign installed on or attached to a window of a building and intended to
be viewed from the outside of the building.
C.

Prohibitions.
The following types of signs are not allowed:
(1)

Animated signs.

ATM Warrant Articles 27, 28, 29

Page 121 of 218

May 5, 2026

(2)

Roof signs.

(3)

Off-Premise signs, except as follows: signs indicating locations of places of public assembly
or interest such as churches, schools, museums, libraries, fraternal or civic organizations;,
provided they are otherwise in conformity with this bylaw.
Off-Premise Agricultural Purpose signs are permitted subject to the rules and regulations
contained in "A Guide to Highway Signage for Agricultural Purposes in the Town of
Newbury" – see Section 97-8.B(6)

(4)

Signs containing red or green lights, except for holiday signs.

(5)(4) Signs purposefully erected upon motor vehicles, trailers, or other movable objects
regularly or recurrently located with the intent of fixed display.
(6)(5) Signs illuminated between the hours of 11:00 p.m. and 7:00 a.m., unless such premise is
open to the general public during these hours.
(7)(6) Signs illuminated so as to cast a glare onto any portion of a way which would create a
traffic hazard. Nor shall any sign and any signs which cause direct illumination of adjacent
property. See E.(6) below for sign lighting requirements. Signs may be illuminated by the
following means unless noted otherwise in a specific zone:
(a)

Externally, by a steady, stationary white light shielded and directed solely at the sign.

(b)

By interior lighting of reasonable intensity.

(8)(7) Signs erected within the right of way of any street except for traffic control and as
specified in 97-8.B.(3) above.
(9)(8)
D.

E.

No sign of any kind shall be attached to a public utility pole.

Permits.
(1)

No sign shall be erected until Sign Permit has been issued by the Building Inspector
Commissioner, except for those exempt signs described in Section 97-8.F of this Bylaw.

(2)

Site Plan Review if required in the district in which the sign will be located, shall show
building location and height, entrances and exits. Parking arrangements, loading areas, sign
location and height, and a detailed drawing of the proposed sign shall accompany application.

(3)

All Sign Permits issued under this Bylaw shall be retained at all times on the premises.

General Requirements.

ATM Warrant Articles 27, 28, 29

Page 122 of 218

May 5, 2026

F.

(1)

No sign in any district shall exceed 25 feet in height or be higher than the main roof line of
the building, whichever is greater.

(2)

No sign shall project over or extend beyond the property line.

(3)

No sign shall be erected so as to obstruct the vision of vehicular traffic entering or exiting
the premises.

(4)

In all districts, ground signs shall be set back a minimum of 10 feet from the traveled way or
from the property line.

(5)

Agricultural Purpose Signs: in all districts, the placement, size and type of sign shall conform
to Section 97-8.I, Business Districts, and to the rules and regulations set forth in "A Guide to
Highway Signage for Agricultural Purposes in the Town of Newbury" which may be
amended from time to time by vote of the Planning Board.

(6)

Signs may be illuminated by the following means unless noted otherwise in a specific
zone:
(a)

Externally, from above by a steady, stationary downward-pointing white light,
with a color temperature no greater than 3000K, shielded and directed solely at
the sign, in compliance with Dark Sky standards;

(b)

By interior lighting of reasonable intensity.

Exempt Signs:
The following types of signs shall be exempt from the provisions of this bylaw, except for
construction and safety regulations:
(1)

Public Signs: Signs of a non-commercial nature and in the public interest erected by, or on
the order of, a public official in the performance of his public duty, such as safety signs,
danger signs, trespassing signs, traffic signs, street signs, memorial plaques, signs of
historical interest, signs designating a public project or improvement program and the like.

(2)

Integral Sign: Names of buildings, dates of erection, monumental citations, commemorative
tablets and the like when carved into stone, concrete or similar material or made of bronze,
aluminum or other permanent-type construction and made an integral part of the structure.

(3)

Identifying signs used for 911 purposes.

(4)

Any sign of a non-commercial use. Such a sign shall not exceed 6 square feet in area.

(5)

Holiday signs.

(6)(5)

Temporary signs: A maximum of three (3) temporary signs plus 1 for each additional

ATM Warrant Articles 27, 28, 29

Page 123 of 218

May 5, 2026

separately identifiable unit over one (1) shall be allowed per lot. All temporary signs shall
not exceed six (6) feet in height and shall not exceed six (6) square feet each. Temporary
signs shall be set back at least ten (10) feet from the edge of the traveled way, except where
insufficient setback exists; in such cases, signs shall be attached to a building wall facing the
traveled way.
All temporary signages shall be removed within 14 days of the completion of any specific
event or election to which they may be related.
The following types of signs do not require a permit but will count toward the total number
of allowed signs on a lot:
(a)

Construction signs: Signs identifying architects, engineers, contractors and tradesmen
involved with the construction, and signs announcing the purpose for which the
building is intended.

(b)

Real estate signs: Signs which advertise the sale, rental or lease of the premises or part
of the premises on which the signs are displayed.

(c)

Political campaign signs: Signs announcing political positions or candidates seeking
public office and other data pertinent thereto.

(d)

Holiday and special event signs.

(e)

Temporary signs may be erected on Town owned property subject to Select Board
approval upon submission of a Request for Public Property Use. application to the
Select Board, provided all such signs are removed within fourteen (14) days of the
conclusion of the event or events. Such signs shall respect the purposes set out in
Section A of this bylaw and obey the prohibitions set out in Section B of this bylaw.

(7)(6) Agricultural-Residential Residential-Agricultural and Parker River Residential:
Permits are not required in these zones for the following:
(a)

One identification sign for each dwelling unit provided: such sign shall not exceed two
(2) square feet in surface area; if lighted, it shall be illuminated with a white light
directed solely at the sign.

(b)

One identification sign for a home occupation that is registered with the Town
provided: such sign shall not exceed 6 square feet in surface area; if lighted, it shall be
illuminated with white light directed solely at the sign.

(c)

One identification sign for each community facility or public utility use, provided the
sign shall not exceed thirty-two (32) square feet in surface area,; if lighted, it shall be
illuminated with white light directed solely at the sign and it shall be set back at least
ten (10) feet from the street lot front property line.

ATM Warrant Articles 27, 28, 29

Page 124 of 218

May 5, 2026

(8)(7) All signs that do not meet the requirements in this section (Section 97-8.F) must apply
for a Special Permit from the Zoning Board of Appeals in accordance with § 97-8.M. below.
G.

Agricultural-Residential Residential-Agricultural and Parker River Residential Districts.
(1)

The following signs are allowed in all Residential Districts subject to the provisions of
Section 97-8.E. of this bylaw:
(a)

H.

One Ground Sign for the permanent identification of a housing development of twelve
(12) or more dwelling units. The Advertising Display Area shall not exceed twenty (20)
square feet.

Commercial Highway and Commercial Highway A.
The following signs are allowed in these two districts subject to the provisions of Section 97-8.E.
of this Bylaw.
(1)

One (1) Freestanding Sign pertaining to the sale, lease or use of the lot or building on which
the sign is erected. The Advertising Display Area shall not exceed eighteen (18) square feet.

(2)

One Ground Sign for identification purposes and the advertising of goods and services
available. The Advertising Display Area shall not exceed thirty-six (36) square feet.

(3)

One (1) Wall Sign for identification purposes. The Advertising Display Area shall not exceed
one (1) square foot for every two (2) lineal feet of building wall to which it is attached.

(4)

Opaque window signs shall not cover more than a maximum of thirty-six (36) square feet of
the window glass area in which it is located.

(5)

In mixed use or multi-tenant buildings, sign usage shall conform to the following:
(a)

One (1) Ground Sign per lot for identification purposes of the building and rentable
unit located therein. The Advertising Display Area shall not exceed thirty (30) square
feet plus an additional four (4) square feet for each tenant located therein.

(b)

One (1) Wall Sign per tenant for the identification of such tenant. The Advertising
Display Area shall not exceed one (1) square foot for every two (2) lineal feet of the
rentable unit's wall to which it is attached.

OR
One (1) Projecting Sign per tenant for the identification of such tenant. The Advertising
Display Area per tenant shall not exceed six (6) square feet.
(c)

One (1) additional Wall Sign shall be allowed at a secondary entrance from a parking

ATM Warrant Articles 27, 28, 29

Page 125 of 218

May 5, 2026

area for the identification of tenants. The Advertising Display Area per tenant shall not
exceed two (2) square feet.
(d)

I.

One (1) Freestanding Sign pertaining to the sale, lease, or use of the lot or building on
which the sign is erected. The Advertising Display Area shall not exceed eighteen (18)
square feet.

Business Districts. [Amended 5-22-2012 ATM, Art. 22]
The following signs are allowed in the Byfield Village Business, Upper Green Business, and
Residential-Limited Business Districts subject to the provisions of Section 97-8.E. of this Bylaw.
(1)

One (1) Freestanding Sign pertaining to the sale, lease or use of the lot or building on which
the sign is erected. The Advertising Display Area shall not exceed twelve (12) square feet.

(2)

One Ground Sign for identification purposes and the advertising of goods and services
available. The Advertising Display Area shall not exceed eighteen (18) square feet.

(3)

One (1) Wall Sign for identification purposes. The Advertising Display Area shall not exceed
one (1) square foot for every two (2) lineal feet of building wall facing the street from which
its frontage is derived.

(4)

Window Signs shall not cover more than twenty (20) percent of the window glass area in
which it is located.

(5)

In mixed use or multi-tenant buildings, sign usage shall conform to the following:
(a)

One (1) Ground Sign per lot for identification purposes of the building and tenants
located therein. The Advertising Display Area shall not exceed twenty (20) square feet

(b)

One (1) Wall Sign per tenant for the identification of such tenant. The Advertising
Display Area shall not exceed one (1) square foot for every two (2) lineal feet of the
tenant's wall facing the street from which the building derives its frontage.

OR
One (1) Projecting Sign per tenant for the identification of such tenant. The Advertising
Display Area per tenant shall not exceed three (3) square feet.
(c)

J.

One (1) Freestanding Sign pertaining to the sale, lease, or use of the lot or building on
which the sign is erected. The Advertising Display Area shall not exceed eighteen (18)
square feet.

Light Industrial Byfield District. [Amended 5-22-2012 ATM, Art. 21]
The following signs are allowed in the Light Industrial Byfield District subject to the provisions of

ATM Warrant Articles 27, 28, 29

Page 126 of 218

May 5, 2026

Section 97-8.E. of this Bylaw:

K.

(1)

One (1) Freestanding Sign pertaining to the sale, lease or use of the lot or building on which
the sign is erected. The advertising Display Area shall not exceed twenty-four (24) square
feet.

(2)

One (1) Ground Sign for identification purposes. The Advertising Display Area shall not
exceed thirty-six (36) square feet.

(3)

One (1) Wall Sign for identification purposes. The Advertising Display Area shall not exceed
one (1) square foot for every two (2) lineal feet of building wall facing the street from which
the building derives its frontage.

Business and Light Industrial District: [Added 5-24-2011 ATM, Art. 23]
The following signs are allowed in the Business and Light Industrial District subject to the
provisions of Section 97-8.E. of this Bylaw:
(1)

One (1) Freestanding Sign pertaining to the sale, lease or use of the lot or building on which
the sign is erected. The advertising Display Area shall not exceed twenty-four (24) square
feet.

(2)

One (1) Ground Sign for identification purposes. The Advertising Display Area shall not
exceed thirty-six (36) square feet.

(3)

One (1) Wall Sign for identification purposes. The Advertising Display Area shall not exceed
one (1) square foot for every two (2) lineal feet of building wall facing the street from which
the building derives its frontage.

(4)

Opaque window signs shall not cover more than a maximum of thirty-six (36) square feet of
the window glass area in which it is located.

(5)

In mixed use or multi-tenant buildings, sign usage shall conform to the following:
(a)

One (1) Ground Sign per lot for identification purposes of the building and rentable
unit located therein. The Advertising Display Area shall not exceed thirty (30) square
feet plus an additional four (4) share[1] square feet for each tenant located therein.
[1] Editor’s Note: So in original.

(b)

One (1) Wall Sign per tenant for the identification of such tenant. The Advertising
Display Area shall not exceed one (1) square foot for every two (2) lineal feet of the
rentable unit’s wall to which it is attached.

OR
ATM Warrant Articles 27, 28, 29

Page 127 of 218

May 5, 2026

One (1) Projecting Sign per tenant for the identification of such tenant. The Advertising
Display Area per tenant shall not exceed six (6) square feet.

L.

(c)

One (1) additional Wall Sign shall be allowed at a secondary entrance from a parking
area for the identification of tenants. The Advertising Display Area per tenant shall not
exceed two (2) square feet.

(d)

One (1) Freestanding Sign pertaining to the sale, lease, or use of the lot or building on
which the sign is erected. The advertising Display Area shall not exceed eighteen (18)
square feet.

Parker River Marine District. [Added 5-22-2012 ATM, Art. 21]
The following signs are allowed in the Parker River Marine District subject to the provisions of
Section 97-8.E. of this Bylaw:
(1)

One (1) Freestanding Sign pertaining to the sale, lease or use of the lot or building on which
the sign is erected. The advertising Display Area shall not exceed twenty-four (24) square
feet.

(2)

One (1) Ground Sign for identification purposes. The Advertising Display Area shall not
exceed thirty-six (36) square feet.

(3)

One (1) Wall Sign for identification purposes. The Advertising Display Area shall not exceed
one (1) square foot for every two (2) lineal feet of building wall facing the street from which
the building derives its frontage.

(4)

Opaque window signs shall not cover more than a maximum of thirty-six (36) square feet of
the window glass area in which it is located.

(5)

In mixed use or multi-tenant buildings, sign usage shall conform to the following:
(a)

One (1) Ground Sign per lot for identification purposes of the building and rentable
unit located therein. The Advertising Display Area shall not exceed thirty (30) square
feet plus an additional four (4) share feet for each tenant located therein.

(b)

One (1) Wall Sign per tenant for the identification of such tenant. The Advertising
Display Area shall not exceed one (1) square foot for every two (2) lineal feet of the
rentable unit's wall to which it is attached.
OR
One (1) Projecting Sign per tenant for the identification of such tenant. The Advertising

ATM Warrant Articles 27, 28, 29

Page 128 of 218

May 5, 2026

Display Area per tenant shall not exceed six (6) square feet.
(c)

One (1) additional Wall Sign shall be allowed at a secondary entrance from a parking
area for the identification of tenants. The Advertising Display Area per tenant shall not
exceed two (2) square feet.

(d)

One (1) Freestanding Sign pertaining to the sale, lease, or use of the lot or building on
which the sign is erected. The advertising Display Area shall not exceed eighteen (18)
square feet.

M. Exceptions — only by Special Permit.
Upon application duly made to the Zoning Board of Appeals, said Board may in appropriate cases
and subject to the general requirements set out in Section 97-8.E above and appropriate safeguards
and conditions, grant a Special Permit for changes in:
(1)

Permitted size.

(2)

Permitted setback.

Such exceptions may be allowed by Special Permit granted by the Zoning Board of Appeals and
are subject to the following requirements:

N.

(1)

The Board finds that the increase does not detract from the character of the neighborhood.

(2)

The Board finds that the increase does not constitute a threat to public health and safety.

(3)

The proposed sign complies with all other sections of this bylaw.

Maintenance.
(a)(1) All Signs shall be maintained in a safe, presentable and good structural condition at all times
to the reasonable satisfaction of the Building Inspector Commissioner in accordance with
Section 3102.5 through 3102.5.4 of the State Building Code.

O.

Sign Removal.
(1)

P.

It shall be the responsibility of the property owner to remove any sign identifying or
advertising goods and services of a discontinued business within sixty (60) days of being so
notified by the Building Inspector Commissioner.

Nonconforming Signs.
(1)

Signs legally existing on the effective date of this article, or of any amendment hereto, may

ATM Warrant Articles 27, 28, 29

Page 129 of 218

May 5, 2026

continue to be maintained; provided however that any such sign that fails to conform to the
current requirements of this Bylaw shall not be enlarged or relocated.
(2)

Such signs shall be removed or brought into conformity upon the discontinuance of the
business or the failure to be maintained in accordance with Section 97-8.NL and shall be
removed in accordance with Section 97-8.OM upon receipt of a Certified Letter from the
Building Inspector Commissioner.

(3)

There shall be no increase in any nonconformity.

Article IX
SPECIAL REGULATIONS
§ 97-9 Special Regulations.
A.

Site Plan Review. [Amended 5-23-2006 ATM by Art. 18; 10-24-2006 STM by Art. 2; 5-20-2014
ATM, Art. 19]
(1)

Purpose: To protect the health, safety, convenience and general welfare of the public by
providing for a comprehensive review procedure of plans for uses and structures which may
have impacts on traffic, parking, services and utilities, environmental quality, water
resources, drainage and community character. Any use or structure, or expansion thereof,
referred to in G.L. c. 40A, § 3, (exemption from zoning) is not exempt from the provisions
of this section, provided any of the criteria contained in § 97-9.A.(4), below, also applies.

(2)

Reviewing Authority: The Planning Board shall be the reviewing authority for all projects
subject to Site Plan Review.

(3)

Applicability: Any proposal for a commercial, industrial, institutional, educational,
municipal, multi-family, or mixed-use project which requires construction of a new building
or which will result in a substantive change in the outside appearance or a change of use of
an existing building or buildings or premises shall be subject to Site Plan Review in
accordance with the threshold levels established in Section A.(4) below.

(4)

Review Thresholds:
(a)

Level I — Minor Projects: Level I applications will be subject to review by Town staff
followed by Planning Board review and action thereon at a regularly scheduled
Planning Board meeting, with no requirement for a public hearing. Level I Site Plan
Review applies to any application for a construction project or change of use for any
of the types of projects identified in Section A.(3) above and which meets one or more
of the following thresholds:

ATM Warrant Articles 27, 28, 29

Page 130 of 218

May 5, 2026

01) Any new building(s) or construction containing 1,000 gross square feet of floor
area up to, but not including, 2,000 gross square feet of floor area;
02) Expansion of an existing building resulting in an increase in floor area of 1,000
gross square feet of floor area up to, but not including, 2,000 gross square feet of
floor area.
03) Construction or expansion of a parking area resulting in three (3) to five (5) new
parking spaces;
04) Any alterations to traffic flow patterns, including access, egress, deliveries, and
pedestrian access;
05) Any changes to loading areas, dumpster locations, exterior lighting, major
landscaping features, or accessory structures.
(b)

Level II — Major Projects: Level II applications shall require review by Town staff
followed by a public hearing conducted by the Planning Board. Level II Site Plan
Review applies to any application for a construction project or change of use for any
of the types of projects identified in Section A.(3) above which meets one or more of
the following thresholds:
01) Any new building(s) or construction containing 2,000 gross square feet of floor
area or more;
02) Expansion of an existing building resulting in an increase of floor area of 2,000
gross square feet or more;
03) Construction, expansion, or alteration of a parking area resulting in six (6) or more
new parking spaces;
04) Grading or re-grading and/or clearing of land and/or other land development
activity over an area of 5,000 square feet or more, except for work incidental to
agricultural activity, clearing necessary for percolation and other site tests, or
work in conjunction with an approved subdivision plan or earth removal permit
or stormwater permit;
05) The development of 7,500 square feet or more of impervious surface area or more
than 15% of the lot area, whichever is smaller;
06) The construction of a drive-through retail establishment serving food or
dispensing merchandise from inside a building to persons seated in their
automobiles on the premises;
07) Any proposed change of use from single- or two-family to multifamily or

ATM Warrant Articles 27, 28, 29

Page 131 of 218

May 5, 2026

nonresidential;
08) Construction of a ground-mounted solar photovoltaic installation occupying at
least 1/4 acre of land, but less than two (2) acres of land.
09) Construction, expansion, or alteration of an RMD a Marijuana
Establishment/Registered Marijuana Treatment Center that demonstrates
that it is protected pursuant to the agricultural exemption under G.L.c. 40A § 3.
[Added 5-20-2014 ATM, Art. 20]
10) Construction of an MBTA Communities Multi-family housing development
in accordance with § 97-4.G. MBTA Communities Multi-Family Overlay
District (MCMOD).
(5)

Procedure:
(a)

(6)

An applicant for site plan review shall file with the Planning Board at a regularly
scheduled meeting a complete application and such submission materials in quantities
and format as required by the Site Plan Review Submission Requirements and
Procedures adopted by the Planning Board and filed with the Town Clerk. Copies of
these Submission Requirements and Procedures shall be available from the Planning
Department.

Decision Criteria: The Planning Board shall approve an application for site plan review if it
finds that the Applicant has submitted sufficient information from which it can determine
that the proposed project will:
(a)

Minimize:
01) The volume of cut and fill;
02) The number of removed trees 6" caliper or larger;
03) The area of wetland vegetation displaced;
04) Soil erosion;
05) The threat of air and water pollution; and
06) Traffic congestion.

(b)

Avoid removal of existing stone walls or, where removal is required, minimize length
of removal;

(c)

Provide adequate stormwater management and other utilities consistent with the
requirements of Newbury's Stormwater Bylaw and the Planning Board's Subdivision

ATM Warrant Articles 27, 28, 29

Page 132 of 218

May 5, 2026

Rules and Regulations;
(d)

Maximize safety for pedestrians and vehicles both on the site and entering onto and
egressing from it;

(e)

Provide adequate access to each structure for fire and emergency service equipment;

(f)

Minimize obstruction of scenic views from publicly accessible locations;

(g)

Minimize visual intrusion by controlling the visibility of parking, storage, or other
outdoor service areas viewed from public ways or premises residentially used or zoned;

(h)

Minimize intrusion of glare from headlights and site lighting on surrounding properties,
and minimize light pollution using dark sky compliant standards;

(i)

Minimize unreasonable departure from the character, materials, and scale of buildings
in the vicinity, as viewed from public ways and places;

(j)

Prevent contamination of groundwater from any source;

(k)

Enhance the appearance of the property to the greatest degree possible by means of
landscaping and other site amenities;

(l)

Minimize impacts of the use on adjacent properties through regulation of hours of
operation, deliveries, noise, rubbish removal, and on-site storage;

(m) Ensure compliance with the provisions of Newbury's Zoning Bylaw, including parking
and signs;
(n)

Utilize energy, water and resource efficient design to the greatest degree possible,
including appropriate building orientation, landscape design, use of solar or other
energy collection apparatuses, electric vehicle charging stations, LED light fixtures and
use of resource-efficient materials and energy- and water-efficient systems.
Notwithstanding the above, regulation of uses and structures referred to in G.L. c. 40A,
§ 3 (exemptions from zoning) shall be limited to the extent allowed under said section
of the General Laws.

(7)

Conditions of Approval:
(a)

Site plan approval may be made subject to such conditions, modifications and
restrictions as the Planning Board may deem necessary in order to satisfy any of the
Decision Criteria listed above. Any construction, reconstruction, alteration or addition
shall be carried on only in conformity with such conditions, modifications or
restrictions and in conformity with the application and site plan.

ATM Warrant Articles 27, 28, 29

Page 133 of 218

May 5, 2026

(b)

Any order of conditions from the Conservation Commission which imposes conditions
inconsistent with site plan approval shall require a revision of the site plan. A request
for such revision must be submitted in writing to the Planning Board.

(c)

For any construction project or a change in use that requires site plan review, no
building permit may be issued unless and until the applicant has complied with the
provisions relating to site plan review under this article and the conditions,
modifications, and restrictions contained within the Decision of Site Plan Review are
referenced to and incorporated in, and made an express condition of, such building
permit.

(d)

The Planning Board reserves the right for itself and its Agent(s) to enter the site at any
time without notice for the duration of the Site Plan Approval to determine compliance
therewith.

(e)

Site plan approval by the Planning Board shall not be construed as approval from any
other Board, official or department.

(f)

At the discretion of the Building Inspector Commissioner, with the concurrence of the
Planning Board, recording of a certification of the Town Clerk and the Decision of Site
Plan Review at the Registry of Deeds may be included as an additional condition
precedent to the issuance of any building permit (see G.L. c. 40A, § 11, Notice
requirements for Public Hearings etc.);

(g)

Prior to the start of clearing and construction (other than that required for surveying or
testing or for the installation of erosion control measures), a pre-construction meeting
shall take place with, at a minimum, the Planning Director, the Planning Board’s
engineering consultant, the Conservation Agent, and a representative of the Newbury
Department of Public Works. The meeting will be held to review the site design, the
planned operations at the construction site, planned stormwater practices and site
controls during the construction phase, and the planned stormwater practices and site
controls to be used to manage runoff created after developed will be reviewed. The
limit of work and extent of tree clearing shall be clearly marked prior to the preconstruction conference.

(8)

Lapse: Site plan approval for a project shall lapse after two years from the date of issuance,
unless any construction work contemplated thereby shall have commenced and proceeded in
good faith continuously to completion, except for good cause. This two-year period shall not
include time required to pursue or await determination of an appeal filed pursuant to G.L. c.
40A, §§ 8 and 17 (Appeals to permit granting authority), Site plan approval may, for good
cause, in the sole opinion of the Planning Board, be extended in writing by the Board upon
the written request of the applicant.

(9)

Modifications to Approved Site Plans: To request a modification to an approved site plan,

ATM Warrant Articles 27, 28, 29

Page 134 of 218

May 5, 2026

an applicant shall submit to the Planning Board a written description of the proposed
modifications. Modified site plans will, in most instances, be subject to the same submittal,
review, and hearing procedures as was the original filing. In the case of a Level II approved
site plan, if the Board determines that a particular modification is not significant and is
consistent with the previously approved site plan, the Board may deem an additional public
hearing unnecessary.
(10) Performance Guarantee:
(a)

Performance Guarantee: As a condition of site plan approval, the Planning Board shall
determine whether to require that a performance bond, deposit of money, negotiable
securities, or other such surety acceptable to the Planning Board, be posted with the
Town. This surety is to cover costs of non-building construction, including, but not
limited to, any street disturbance, utilities, erosion control measures, stormwater
management measures, and other on-site or off-site improvements which present a
public health and safety hazard or nuisance if left incomplete or improperly
constructed. The Board may also require that an amount be included for restoration of
land disturbed during the course of construction. The amount of security shall be
determined based on an estimate prepared by a professional cost estimator paid for by
the Applicant, which estimate may be confirmed or increased by the Board. The Town
may use the secured funds for their stated purpose in the event that the applicant does
not complete all improvements in a manner satisfactory to the Board within two years
from the date of approval, or the final date of the last extension of such approval, if
any.

(b)

Plan Verification: Prior to the final release of the Performance Guarantee, a copy of the
final Site Plan(s), stamped by a professional Civil Engineer, Land Surveyor, and/or
Registered Architect, shall be submitted to the Building Inspector Commissioner and
the Planning Board. Said plans shall contain a statement that construction is consistent
with the approved plans and conditions set forth by the Planning Board in the Site Plan
Review approval or approved modifications. The Applicant shall also submit to the
Planning Board all drawings and plans in computer aided drafting (CAD) and PDF
format.

(c)

Release of Performance Guarantee: Upon completion of all of the improvements
required by a Performance Guarantee posted under this Bylaw, the Applicant may
request full release of the surety by sending a statement of completion and request for
release to the Planning Board and to the Town Clerk. If the Planning Board, or its
consulting engineer or designated representative, determines that said construction has
been completed in compliance with the approved Site Plan, it shall release the
Performance Guarantee and return it to the person(s) or entity who furnished it.

(d)

Refusal of Release: If the Planning Board determines upon inspection that said site

ATM Warrant Articles 27, 28, 29

Page 135 of 218

May 5, 2026

improvements have not been either fully or adequately completed, it shall specify in a
notice sent by Certified Mail to the Applicant and filed with the Town Clerk, how the
site improvements fail to comply with the requirements of this Bylaw.
(11) Inspections: Construction inspections in relation to an approved site plan may be carried out
by an agent designated by the Planning Board, and all such costs shall be borne by the
Applicant, as provided for in the Site Plan Review Submission Requirements and Procedures.
If said inspections find that work is not being done in conformance with the approved plans,
the Board may suspend the approval until the work in question is repaired.
(12) Enforcement: Construction that does not comply with the site plan and stated conditions of
approval shall be deemed to be in violation of this Bylaw and, as such, shall be subject to
fines and legal processes so authorized. The Building Inspector shall take such action as may
be necessary to enforce full compliance with the provisions of this Bylaw and approvals
issued hereunder. Any approval or permit issued under this Bylaw may be suspended when
work is not performed as required.
(13) Penalty: Any person violating any provisions of this Site Plan Review Bylaw or any of the
conditions under which approval is granted may be fined not more than three hundred dollars
($300.00) for each offense. Each 24 hour period of continued violation shall be considered a
separate offense.
(14) (12) Project Completion: No permanent occupancy permits shall be issued for any building
or structure or portion(s) thereof, until:
(a)

The Planning Board receives a record plan prepared by a professional land surveyor
along with a statement from a professional engineer that all construction (including
utilities) has been done in accordance with the approved site plan;

(b)

The Planning Board or the Planning Board's designated agent verifies that the work has
been completed in accordance with the approved site plan, including all conditions of
approval;

(15) (13) Adoption of Rules and Regulations, Fees, and Penalties:
(a)

Rules and Regulations: The Planning Board may, after notice and public hearing, adopt
and from time to time amend rules and regulations to implement the provisions of this
Bylaw, including but not limited to specifying the content and number of required
plans, application procedures, design and development standards, and other general
requirements consistent with this Bylaw.

(b)

Fees and Penalties: Site plan review fees shall be governed and set by the Planning
Board and shall be assessed to the owner and/or the applicant. Such fees may include
a deposit for review by a consultant selected by the Town and/or for inspections during

ATM Warrant Articles 27, 28, 29

Page 136 of 218

May 5, 2026

construction. The amount of fees shall be as listed in the Site Plan Review Submission
Requirements and Procedures and administered in accordance with § 117-46 thru
§ 117-48 of the Town's Regulations for the Subdivision of Land.

Article X
GENERAL REGULATIONS
§ 97-10 General Regulations.
A.

Nonconforming Uses and Structures (Except Plum Island Overlay District). [Amended 5-27-2008
ATM, Art. 24]
(1)

Continuance:
(a)

Uses: The lawful use of any structure or land existing at the time of enactment or
subsequent amendment of this Bylaw may be continued, although such structure or use
does not conform to the provisions of this Bylaw. But if any such nonconforming use
or structure is abandoned and not used for a period of two (2) years, it shall not
thereafter be resumed. Nonconforming uses may be changed, extended or altered,
provided, however, that no such change, extension, or alteration shall be permitted
unless there is a finding Special Permit granted by the Zoning Board of Appeals that
such change, extension, or alteration shall not substantially be substantially more
detrimental than the existing nonconforming use to the neighborhood. [Amended 5-192015 ATM by Art. 24]

(b)

Nonconforming Structures – Review by Building Commissioner: Nonconforming
structures may be reconstructed, extended, altered, or structurally changed upon a
determination by the Building Inspector Commissioner that such proposed
reconstruction, extension, alteration, or change does not increase the nonconforming
nature of such structure. The following circumstances shall not be deemed to increase
the nonconforming nature of such structure:
(i)

alteration to a structure located on a lot with insufficient area which complies with
all current setback, yard, building coverage, and building height requirements.

(ii) alteration to a structure located on a lot with insufficient frontage which complies
with all current setback, yard, building coverage, and building height
requirements.
(iii) alteration to a structure which encroaches upon one or more required yard or
setback areas, where the alteration will comply with all current setback, yard,
building coverage and building height requirements.

ATM Warrant Articles 27, 28, 29

Page 137 of 218

May 5, 2026

(c)

Nonconforming Structures – Review by Zoning Board of Appeals: In the event that
the Building Inspector Commissioner determines that the nonconforming nature of
such structure would be increased by the proposed reconstruction, extension, alteration,
or change, the Zoning Board of Appeals may, by Special Permit finding, allow such
reconstruction, extension, alteration, or change where it determines that the proposed
modification will not be substantially more detrimental than the existing
nonconforming structure to the neighborhood.
The Zoning Board of Appeals may consider, among other relevant factors, the
size, scale, massing, volume, and location of the proposed structure, extension or
alteration as compared to:
(i) The existing structure and lot;
(ii) Other structures and lots in the neighborhood; and
(iii) Reasonable alternatives to the proposal

(d)

Constructions or operations under a building or special permit shall conform to any
subsequent amendment to this Bylaw unless the use or construction is commenced
within a period of not more than six (6) months after the issuance of the permit and, in
cases involving construction, unless such construction is continued through
completion, as continuously and expeditiously as is reasonable.

(e)

Division of pre-existing non-conforming lots with pre-existing non-conforming
structures.
A lot which includes structures which are pre-existing non-conforming as a result
of insufficient setbacks, may be divided without further relief so long as the
resulting lot(s) conform to the lot area and frontage requirements of this bylaw
and any new structures also conform to all other dimensional requirements,
including Footnote 2 of the Table of Dimensional Requirements, § 97-6.B.

B.

Grandfathering:Preserved Lots:
(1)

Notwithstanding any provision of this Bylaw, a single residence or any other permitted
buildings or structures in all zones may be erected on any lot registered at the Registry of
Deeds in Salem prior to July 1, 1959. Notwithstanding any provisions of this Bylaw, a single
residence or any other permitted buildings or structures may be erected in the district on any
lot which has not less than 100 feet of frontage on a street or way, and was recorded at the
Registry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable
requirement of the Zoning Bylaw in effect at the time it was recorded or registered.
Notwithstanding any provisions of this Bylaw, a single residence or any other permitted
buildings or structures may be erected in the district on any lot which has not less than 20,000
square feet, and was recorded at the Registry of Deeds in Salem prior to March 21, 1978, and

ATM Warrant Articles 27, 28, 29

Page 138 of 218

May 5, 2026

otherwise met all of the applicable requirement of the Zoning Bylaw in effect at the time it
was recorded or registered. This provision shall not apply to the Plum Island Zoning Overlay
District, which shall instead be governed by G. L. c.40A, s 6, Para 4.
C.

Customary home occupations:
(1)

Customary home occupations (such as professional and business offices, arts and crafts
shops, tradesman's shops and miscellaneous repair services) may be conducted in a dwelling
or building accessory thereto by a person residing on the premises are permitted provided
that:
(a) Such use is clearly incidental and secondary to the residential use;

(2)

D.

(b)

Not more than two (2) persons other than the resident is[1] are regularly employed
thereon;
[1] Editor’s Note: So in original

(c)

No offensive noise, odors, glare or unsightliness is produced;

(d)

There is no public display of goods or wares except for such signs as are permitted; and

(e)

That there is no exterior storage of materials, equipment [including the parking of more
than one (1) commercial vehicle] or waste material that would indicate the presence of
the use or violate the residential character of the premises.

Notwithstanding the above, nNo use which requires a Special Permit under the Table of
Use Regulations shall be permitted as a Customary Home Occupation.

Accessory Dwelling Units.
(1)

Purpose and Intent: The intent of permitting Accessory Dwelling Units is to:
(a)

Recognize that the housing needs of the Town are changing and that zoning bylaws
must be crafted to allow additional options in the provision of housing to the Town’s
citizens;

(b)

Increase the supply of housing and the diversity of housing options, in response to
demographic changes such as smaller households and older households;

(c)

Provide homeowners with a means of obtaining rental income, companionship,
security, and services, thereby enabling them to stay more comfortably in homes and
neighborhoods they might otherwise be forced to leave;

(d)

Develop housing units in residential neighborhoods that are appropriate for households

ATM Warrant Articles 27, 28, 29

Page 139 of 218

May 5, 2026

at a variety of stages in their life cycle and for multi-generational households;

(2)

(e)

Encourage a more balanced and diverse population and income mix, with particular
attention to young adults and senior citizens;

(f)

Encourage the creation and addition of moderately priced rental units to the housing
stock that meet the needs of small and moderate-income households who might
otherwise have difficulty obtaining affordably priced housing in the community.

Definitions: For the purpose of this section, the following definitions shall apply:
(a)

“Accessory Dwelling Unit” (ADU) is defined as a self-contained housing unit, attached
to or detached from the principal dwelling unit, inclusive of sleeping, cooking, and
sanitary facilities on the same lot as a principal dwelling, that
01) 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;
02) is not larger in Gross Floor Area than half (1/2) the Gross Floor Area of the
principal dwelling or 900 square feet, whichever is smaller.
03) is subject to all applicable zoning requirements within the established zoning
district as set forth in Chapter 97, Zoning, §97-4.D. and §97-6.

(3)

(b)

Gross Floor Area is defined as the sum of the areas of all stories of the building of
compliant ceiling height pursuant to the Building Code, including basements, lofts, and
intermediate floored tiers, measured from the interior faces of exterior walls or from
the centerline of walls separating buildings or dwelling units, but excluding: crawl
spaces, garage parking areas, attics, enclosed porches and similar spaces. Where there
are multiple Principal Dwellings on the lot, the Gross Floor Area of the largest Principal
Dwelling shall be used for determining the maximum size of a Protected Use ADU.

(c)

Bus Station. A location serving as a point of embarkation for any bus operated by a
Transit Authority.

(d)

Commuter Rail Station. Any commuter rail station operated by a Transit Authority with
year-round service with trains departing at regular time intervals, rather than
intermittent, seasonal, or event-based service.

Accessory Dwelling Unit Applicability:
(a)

An ADU may be administratively reviewed and authorized by the Building
Commissioner with the issuance of a Building Permit when the conditions and
requirements of § 97-10.D.(2)(e) and §97-10.D.(4) are met.

ATM Warrant Articles 27, 28, 29

Page 140 of 218

May 5, 2026

(4)

(5)

(b)

An ADU may be permitted by a Special Permit pursuant to Requirements as described
in §97-10.D.(5). The Zoning Board of Appeals (ZBA) shall be the Special Permit
Granting Authority for a Special Permit ADU.

(c)

ADUs proposed to be constructed on pre-existing legal non-conforming structures or
lots shall conform with the requirements of § 97-10.A.(1).

(d)

The Building Commissioner’s decision on an application for an ADU constitutes the
final decision; however, a property owner may appeal the denial of a Building Permit
for an ADU by appealing to the ZBA pursuant to G.L. c. 40A sec. 8.

General Requirements for Accessory Dwelling Units:
(a)

There shall be no more than one ADU on a lot.

(b)

The total number of bedrooms in the primary dwelling and the ADU combined may
not exceed the capacity of the permitted septic system, per Title V requirements.

(c)

An ADU proposed in the Plum Island Overlay District shall meet the requirements
thereof and may not result in exceedance of the dimensional requirements or bedroom
count as set forth therein for each lot, in accordance with § 97-4.D and § 97-6.B.

(d)

The primary dwelling and the ADU shall comply with all applicable health, safety,
building and other applicable codes in effect at the time of the granting of the Building
Permit, and of the Special Permit where applicable.

(e)

Utilities necessary for the ADU, including but not limited to water, electric, and gas,
may be extensions of the existing utilities serving the principal single-family dwelling.
New or separate water and sewer lines directly between the ADU and the trunk lines
are not required. Applicants may choose to use a shared water meter for the primary
structure and the ADU or have a separate water meter installed for each.

(f)

Not more than one additional parking space shall be required for an ADU; and further,
no parking space shall be required for an ADU located not more than 0.5 miles from a
Commuter Rail Station or any Bus Station as defined in § 97-10.D.(2).

(g)

An ADU permitted through §97-10.D. shall not be used for “Short Term Rental” as
that term is defined in M.G.L. c. 64G and is prohibited from any use as a rental unit on
a weekly or daily basis.

(h)

Neither the ADU nor the principal dwelling on a lot shall be required to be owneroccupied.

Special Permit Requirements for ADUs: The Zoning Board of Appeals, as Special Permit
Granting Authority, may allow dimensional variations for a proposed ADU up to 15% above

ATM Warrant Articles 27, 28, 29

Page 141 of 218

May 5, 2026

900 square feet of Gross Floor Area as defined in §97-10.D.(2), provided that:

(6)

(a)

the ADU meets the dimensional requirements of the single-family lot;

(b)

the ADU is subordinate to the primary structure in height, location on the lot, bulk, and
massing;

(c)

the allowance of such variation, in the Board’s opinion, is not contrary to the public
interest and is consistent with the intent and purpose of this bylaw.

Submission Requirements:
(a)

An application for an ADU shall be submitted to the Building Inspector Commissioner
and shall include, at a minimum:
01) A site plan, stamped by a registered engineer or land surveyor, drawn to scale,
showing existing conditions, boundaries and area of the lot, location(s) of all
structures, setbacks, location and capacity of the approved septic system,
including reserve area, well, driveway, and parking spaces, if required;
02) Existing and proposed building floor plans and elevations, stamped by a registered
architect, drawn to scale, showing the proposed interior and exterior changes to
the primary dwelling or accessory structure and the number of existing and
proposed bedrooms;
03) Drawings showing adherence to all current Building Code and Fire Code
requirements;
04) A narrative description of the proposal that describes the ways the ADU meets
the Purpose and Intent of § 97-10.D.

(b)

E.

An application for a Special Permit for an ADU shall be submitted to the Zoning Board
of Appeals and shall include the Requirements of §97-10.D.6(a)

Small Wind Energy Systems. [Added 5-26-2009 ATM, Art. 31]
(1)

Purpose: To provide for the construction and use of small wind energy systems (SWES) as
an alternative energy source to reduce or eliminate the on-site consumption of utilitysupplied electricity.

(2)

Applicability: This section applies to small wind energy systems no greater than 60 kilowatts
of rated nameplate capacity constructed as accessory use to the primary use of a property and
intended to utilize energy from the wind to provide power to the primary use or a use
accessory thereto.

ATM Warrant Articles 27, 28, 29

Page 142 of 218

May 5, 2026

(3)

Permitted Use: SWES shall be permitted for the applications stated above, provided that they
meet the following requirements:
(a)

Freestanding SWES Height: 120 feet maximum.

(b)

Rooftop SWES Height: 120 feet maximum, including the height of the structure to
which it is attached.

(c)

Setback: Each wind energy system and its associated equipment shall comply with the
building setback provisions of the zoning district in which the facility is located. In
addition, to ensure public safety and to protect the interests of neighboring property
owners, a wind turbine shall not be erected nearer to any property line than a distance
equal to the height of the wind turbine plus an additional ten feet.

(d)

Noise: SWES shall conform to the provisions of the Department of Environmental
Protection's Division of Air Quality Noise Regulations (310 CMR 7.10) A source of
sound will be considered to be in violation of the Department's noise regulation if the
source:
01) Increases the broadband sound level by more than 10 dB(A) above ambient, or
02) Produces a "pure tone" condition – when any octave band center frequency sound
pressure level exceeds the two adjacent center frequency sound pressure levels
by 3 decibels or more.
These criteria are measured both at the property line and at the nearest off site
inhabited residence. Ambient is defined as the background A-weighted sound
level that is exceeded 90% of the time.

(e)

Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall
be limited to that which is necessary for the construction, operation and maintenance
of the Wind Energy Conversion System and is otherwise prescribed by applicable laws,
regulations, and Bylaws.

(f)

Color and Finish: SWES shall remain painted or finished in the non-reflective, solid,
neutral color that was originally applied by the manufacturer.

(g)

Lighting and Signage:
01) Wind turbines shall be lighted only to the extent required by the Federal Aviation
Authority (FAA). Lighting of other parts of the Wind Energy Conversion System,
such as appurtenant structures, shall be limited to that required for safety and
operational purposes, and shall be reasonably shielded from abutting properties.
02) Signs shall be limited to the manufacturer's "nameplate" and signage needed to

ATM Warrant Articles 27, 28, 29

Page 143 of 218

May 5, 2026

identify the property, owner and warn of any danger. Otherwise, all signs shall
comply with the requirements of the Town of Newbury's Sign Regulations, § 978.
(h)

Shadowing and Flicker: Small Wind Energy Systems shall be sited in a manner that
minimizes shadowing or flicker impacts on abutting properties.

(i)

Tower and Foundation Design: The design of the tower and any supporting foundations
shall be certified by a Professional Structural Engineer registered in the Commonwealth
of Massachusetts to be in conformance with the Massachusetts State Building Code
(780 CMR).

(j)

Compliance with FAA Regulations: SWES shall comply with all applicable FAA
regulations, including any necessary approvals for installations close to airports.

(k)

Unauthorized Access: SWES and appurtenant structures shall be designed and
constructed to prevent unauthorized access to entry and/or climbing.

(l)

Maintenance: The property owner shall maintain the SWES in good condition.
Maintenance shall include, but is not limited to, painting, structural repairs, and
integrity of security measures.

(m) Abandonment or Decommissioning: Any above ground components of a SWES which
has reached the end of its useful life or has been abandoned or is being decommissioned
shall be removed and the site on which it is located shall be returned to the same state
it was prior to installation of the SWES.
A SWES shall be considered to be abandoned when it fails to operate for one year.
Upon a Notice of Abandonment issued by the Building Inspector Commissioner, the
SWES owner will have 30 days to provide sufficient evidence that the system has not
been abandoned. If sufficient evidence is not provided, the Town of Newbury shall
have the authority to enter the owner's property and remove the system at the owner's
expense.

(4)

(n)

Secondary Uses: No part of any SWES shall be used for any purpose than the one for
which it was designed, e.g. advertising, cellular antennas, etc.

(o)

Compliance with Laws, Bylaws, and Regulations: The construction and operation of
all such proposed SWES shall be consistent with all applicable local, state and federal
requirements, including but not limited to all applicable safety, construction,
environmental, electrical, communications and aviation requirements.

Permit Requirements: A building permit shall be required for the installation of a SWES.
The building permit application shall be accompanied by deliverables including the

ATM Warrant Articles 27, 28, 29

Page 144 of 218

May 5, 2026

following.
(a)

A plot plan showing:
01) Property lines and physical dimensions of the subject property within two times
the total height from the tower location;
02) Location, dimensions, and types of existing major structures on the property
within two times the total height from the tower location;
03) Location of the proposed wind system tower, foundations, guy anchors and
associated equipment;
04) The right-of-way of any public road that is contiguous with the property;
05) Any overhead utility lines.

(5)

F.

(b)

Wind system specifications, including manufacturer and model, rotor diameter, tower
height, tower type (freestanding or guyed).

(c)

Tower foundation blueprints or drawings signed by a Professional Structural Engineer
licensed to practice in the Commonwealth of Massachusetts.

(d)

The site plan review procedures set forth in § 97-9.A.(3), (4), (5), and (8) are
incorporated herein as part of the application process for the approval of a building
permit for the installation of a proposed SWES.

Permit Expiration: A permit issued pursuant to this Bylaw shall expire if:
(a)

The SWES is not installed and functioning within 36 months from the date the permit
is issued, or

(b)

The SWES is abandoned.

Temporary Trailers, Mobile Homes, and Existing Dwellings to be Demolished. [Added 5-25-2010
ATM, Art. 16; amended 4-23-2019 ATM, Art. 24]
(1)

Purpose and Intent: It is the intent of this article to provide for the temporary use and
occupancy of trailers, mobile homes, and existing dwellings to be demolished within the
Town of Newbury, subject to the limitations below.

(2)

Allowed Use: A trailer, mobile home or existing dwelling that is to be demolished may be
used on any lot as provided below:
(a)

The owner or occupier of a residence which has been destroyed by fire or natural
disaster may place a mobile home on the site of such residence and may, by right, reside

ATM Warrant Articles 27, 28, 29

Page 145 of 218

May 5, 2026

in such mobile home for a period not to exceed the shorter of eighteen (18) months or
the life of the active building permit, not to exceed 15 calendar days after the issuance
of an occupancy permit, while the residence is being rebuilt. Any such mobile home
shall be subject to all required local and state permits and approvals.
The tenant of a commercial place of business which has been destroyed by fire or
natural disaster may place a trailer on the site of such place of business and may, by
right, occupy such trailer for a period not to exceed the shorter of eighteen (18) months
or the life of an active building permit, not to exceed 15 calendar days after the issuance
of an occupancy permit, while the business premises are being rebuilt. Any such trailer
shall be subject to all required local and state permits and approvals.

(c)

A trailer or existing dwelling not otherwise being used as a residence may be used for
a construction site office on a temporary basis, such trailer or existing dwelling to be
removed upon completion of the construction project.

(3)

Removal of Trailer: Within five (5) business days of the removal of the trailer, notice in
writing shall be given to the Building Department. The notice shall include the owner's name
and address, the address the trailer was removed from (if different), and shall be signed and
dated by the owner. The provisions of § 97-11.A.(1), Authority to enforce, shall apply for
each day the trailer remains on site beyond 15 calendar days after issuance of a certificate of
occupancy.

(4)

An existing dwelling not otherwise being used as a residence may be used as a construction
site office on a temporary basis provided that:

(5)

G.

(b)

(a)

The contractor furnish the Building Commissioner with a notarized letter stating that
the existing dwelling’s occupancy is to be terminated upon receipt of the certificate of
occupancy for the new dwelling;

(b)

The existing dwelling is removed within 30 calendar days after the issuance of the
certificate of occupancy for the new dwelling.

Removal of Existing Dwelling: Within five (5) business days of the removal of the existing
dwelling, notice in writing shall be given to the Building Department, in the form described
in § 97-10.F.(3) above. The provisions of § 97-11.A.(1), Authority to enforce, shall apply for
each day the dwelling remains on site beyond thirty (30) calendar days after issuance of a
certificate of occupancy for the new dwelling.

Fences. [Added 5-25-2010 ATM, Art. 17]
(1)

A building permit shall be obtained for all fences over six (6) feet in height and for
installation of any fence greater than four (4) feet in height and less than 50% open which
extends beyond the required front yard setback or the existing principal building, whichever

ATM Warrant Articles 27, 28, 29

Page 146 of 218

May 5, 2026

is closer to the street.
(2)

All fences that require a permit shall be accompanied by a plot plan showing the location of
the proposed fencing.

(3)

Fences may be installed up to but not on the property line.

(4)

Fences shall be installed with the finished or "good" side facing the adjoining property.

(5)

If the location of the fence is in dispute, it is the burden of the owner of the fence to certify
its location.

(6)

Fences shall comply with 310 CMR and Newbury's Wetland Bylaw.

(7)

If enclosing a swimming pool, spa, or hot tub, a fence must comply with the requirements of
Appendix M of 780 CMR, The Massachusetts State Building Code.

Article XI
ADMINISTRATION
§ 97-11 Administration.
A.

Enforcement.
(1)

Authority to enforce. This Bylaw shall be enforced by the Select Board or a Building
Commissioner appointed by them. No building shall be built or altered and the use of a
building shall not be changed without a permit having been issued by the appropriate
permitting authority or the Building Commissioner.

(2)

Granting of building permits.
The Building Commissioner shall not grant a permit for the use, construction or alteration
of any building unless the provisions of this Bylaw have been met.

(3)

Building permit requirements.
(a)

No building shall be erected, moved, placed on a lot, added to or structurally altered
until a permit therefor has been issued by the Building Commissioner.

(b)

No excavation for a building foundation nor work on a foundation shall be
commenced, until a building permit has been issued by the Building Commissioner.

(c)

No building permit shall be issued unless the application for such permit complies
with the Building Code and this Bylaw, and is accompanied by such written
information, plans, elevations and sections, specifications and other data necessary

ATM Warrant Articles 27, 28, 29

Page 147 of 218

May 5, 2026

as determined by the Building Commissioner, for a full and accurate description of
the proposed construction, alteration or use. A record of such applications shall be
kept on file in the office of the Building Commissioner.
(d)

Lapse of building permit. A building permit shall lapse if construction has not
begun within six months from the issuance of the building permit. A permit shall
remain valid only if the use, construction or alteration for which it was issued
proceeds in good faith continuously to completion except for good cause shown.

(4)

Changes in approved construction, alteration, or use. If subsequent to the issuance of a
special permit, variance, or building permit, changes in approved construction, alteration
or use are desired, the applicant shall inform the Building Commissioner in writing of
these changes and his written approval must be obtained in advance of any work
commencing. Said notification shall be confirmed in writing to the Building
Commissioner together with appropriate revised plans and specifications within one
week from said approval and the building permit shall be amended accordingly. If a site
plan approval, special permit or variance has been issued, written approval from the
permit granting authority is required before the Building Commissioner will accept the
proposed changes, unless otherwise provided in the permit granting authority permit.

(5)

Certified plot plan. Within 21 days after the completion of the foundation, the applicant
shall file with the Building Commissioner, a plot plan based upon an actual current
survey, showing the location of the foundation on the lot and first floor elevation
prepared by a registered land surveyor who shall certify on the plan that the location of
the foundation complies with this Bylaw and any relief granted hereunder.

(6)

Violation of building permits. If the Building Commissioner finds that any of the
provisions of this Bylaw are being violated, he shall notify in writing the person
responsible for such violation, indicating the nature of the violation, and order the action
necessary to correct it. The Building Commissioner shall order discontinuance of illegal
use of land or buildings, or construction of buildings, or work related thereto; removal
of illegal buildings, additions, alterations or structural changes; and shall take any other
action authorized by this Bylaw to ensure compliance with its provisions.

(7)

Appeals to Board of Appeals. If the Building Commissioner is requested in writing to
enforce this Bylaw against any person allegedly in violation, the Building Commissioner
shall respond, in writing, within 14 days of receipt of such request and state any
enforcement measures and any other action taken or state a refusal to act and the reasons
for that refusal or determination. Any person (including any Town board) aggrieved by
an action taken or determination made by the Building Commissioner in the
administration of this Bylaw may appeal within 30 days thereafter to the Board of
Appeals in accordance with the requirements of G.L. c. 40A §§ 8 and 15 by filing with
the Town Clerk notice of appeal in accordance therewith. The Town Clerk shall transmit

ATM Warrant Articles 27, 28, 29

Page 148 of 218

May 5, 2026

copies thereof to the Board of Appeals and Building Commissioner.
(8)

B.

Penalty for violation. Whoever violates any of the provisions of this Bylaw shall be
punishable by a fine of $300 for each offence. Each day that such violation is permitted
to exist shall constitute a separate offence. The imposition of a penalty shall not excuse
the violation and shall not be held to prevent the enforced removal of prohibited
conditions where they continue to exist as a violation of this Bylaw.

Zoning Board of Appeals.
(1)

Establishment. There is hereby established a Zoning Board of Appeals of 3 members and 2
associate members to be appointed by the Select Board, such 3 members to be appointed for
terms of such length and so arranged so that the term of 1 member shall expire in each year.
Such Board shall act on all matters within its jurisdiction under this Bylaw and under Chapter
40A of the General Laws in the manner prescribed in said Chapter 40A. Said Zoning Board
of Appeals shall not be authorized to appoint a Zoning Administrator under the provisions
of Section 13 of said Chapter 40A or under the provisions of any other applicable law.

(2)

Variances. The Zoning Board of Appeals shall be permitted to grant dimensional variances
in accordance with the provisions of G.L. c. 40A §10.

C.

Reserved.

D.

Definitions.
(1)

General.
(a)

(2)

For the purposes of this bylaw, the following words and phrases shall have the
following meanings, except that terms (including without limitation, appurtenant
structure, base flood, development, flood, flooding, flood elevation determination,
flood-prone area, flood-proofing mean sea level, mobile home, new construction,
regulatory floodway, sand dunes, structure, substantial improvement and water surface
elevation) used in Section 97-4E of this Bylaw, including all sections thereof inclusive
shall be as set forth in Section 1909.1, Subchapter B of Chapter X of Title 24 of the
Code of Federal Regulations, a copy of which Section 1909.1 shall be kept on file with
the Town Clerk, the Planning Board and the Building Inspector Commissioner.

Written Definitions. Definitions pertaining to Adult Entertainment and Wind Energy moved
to their respective sections
Accessory Structure: A structure which houses or is being used for something other than an
allowed principal use.
Adult Arcade: an establishment or portion thereof where, for any form of consideration, one
or more still or motion picture projectors, slide projectors, or similar machines, or other

ATM Warrant Articles 27, 28, 29

Page 149 of 218

May 5, 2026

image producing machines, for viewing by five (5) or fewer persons each, are used to show
films, motion pictures, video cassettes, computer displays, slides, or other photographic
reproductions which are characterized by the depiction or description of "Specified Sexual
Activities" or "Specified Anatomical Areas."
Adult Bookstore, Adult Novelty Store Or Adult Video Store: a commercial establishment
which has as a substantial portion of its stock in trade or a substantial portion of its revenues
or devotes a substantial portion of its interior business or advertising to the sale, rental or
viewing for any form of consideration, of any one or more of the following: books,
magazines, periodicals or other printed matter, or photographs, films, motion pictures, video
cassettes, slides, computer software or other visual representations which are characterized
by the depiction or description of "Specified Sexual Activities" or "Specified Anatomical
Areas"; or instruments, devices or paraphernalia which are designed for use in connection
with "Specified Sexual Activities."
Adult Cabaret: a nightclub, bar, restaurant, bottle club, or similar commercial establishment,
whether or not alcoholic beverages are served, which features: a. persons who appear seminude, b. live performances which are characterized by the exposure of "Specified Anatomical
Areas" or by "Specified Sexual Activities"; or c. films, motion pictures, video cassettes.
Computer software, slides, or other photographic reproductions which are characterized by
the depiction or description of "Specified Sexual Activities" or "Specified Anatomical
Areas."
Adult Dance Club: an establishment which, as its principal form of entertainment, permits a
person or persons to perform in a state of nudity as defined in M.G.L. ch 272 § 31.
Adult Entertainment Business: shall mean those businesses meeting one or more of the
following definitions: Adult Arcade, Adult Bookstore, Adult Novelty Store or Adult Video
Store, Adult Cabaret, Adult Dance Club, or Adult Theater.
Adult Theater: a theater, concert hall, auditorium, or similar commercial establishment
which, for any form of consideration, regularly features persons who appear semi-nude or
live performances which are characterized by exposure of "Specified Anatomical Areas" or
by "Specified Sexual Activities.”
Alteration: Any construction, addition, or renovation to an existing structure, other than
minor repairs, that requires a building permit. Also, a change in a mechanical, plumbing, gas,
or electrical system that involves an extension, addition, or change to the arrangement, type,
or purpose of the original installation and that requires a permit.
Animal Boarding Kennels: Facilities primarily for boarding of pets for extended periods, at
least overnight, including care, feeding and grooming thereof.
Animal Daycare: Daytime care of animals including washing and grooming, without
overnight care.
Aquifer: Geologic formation composed of rock, sand, or gravel that contains significant
amounts of potentially recoverable water.
ATM Warrant Articles 27, 28, 29

Page 150 of 218

May 5, 2026

Assisted Living or Life Care: Residence or facility licensed by the State to provide
supervision or assistance with activities of daily living (ADLs); coordination of services by
outside health care providers; and monitoring of resident activities to help to ensure their
health, safety, and well-being.
Basement: That portion of a building that is partly or completely below grade, which is not
defined as a Story Above Grade.
Bedroom: shall mean a bedroom as defined in 310 CMR 15.002 of the State Environmental
Code.
Building: A combination of any materials, whether portable or fixed, having a roof, the
purpose of which is the shelter of persons, animals, property or processes. For the purpose
of this definition, "roof" shall include an awning or any similar covering whether or not
permanent in nature. The word "building" shall be construed where the context allows as
though followed by the words "or parts thereof". Building includes open porches, open
breezeway and other roofed areas.
Building Supply Store: Building for retail or wholesale sales of lumber, masonry supplies,
roofing materials or similar merchandise.
Bus Terminals/Railroad Terminals: Facilities intended for the boarding and discharge of
passengers, dispatch of buses and railroads as well as fueling and minor routine maintenance,
such as oil changes for busses.
Child Care Facility: A child care center or a school-aged child care program, as those terms
are defined in Massachusetts General Laws, Chapter 15D, Section 1A.
Commercial Parking Lot or Structure: Imperviously paved areas, pervious areas intended
for parking, and open or enclosed buildings primarily intended for the parking of passenger
vehicles such as automobiles, vans, pick-up trucks, etc. This does not include parking areas
for other approved uses.
Common Wall/Floor: A wall or floor that is connected, usable and heated on both sides of
the existing dwelling.
Contractor's Yard: Office and shop buildings for a construction company or landscape
contractor, including parking of equipment, and storage of materials. Bulk material storage,
such as sand, gravel, loam, etc., must be limited to thirty (30) cubic yards of each material.
Convenience Stores: Retail establishment that sells food, liquor, other beverages, "over the
counter" drugs, household supplies, tobacco products, lottery tickets and/or sundries.
Dwelling, Multi-Family: A single structure providing complete, independent living facilities
for three or more families.
Dwelling, Single Family: A single structure providing complete, independent living
ATM Warrant Articles 27, 28, 29

Page 151 of 218

May 5, 2026

facilities for one family.
Dwelling, Two Family: A single structure providing complete, independent living facilities
for not more than two families.
Dwelling Unit: a A single unit providing complete, independent living facilities for one (1)
or more persons including permanent provision for living, sleeping, eating, cooking and
sanitation.
Feed Store: A retail store catering to pet owners and farmers, selling pet and livestock feeds
in bags or containers, rather than in bulk, along with associated products.
Fence: Any structure constructed of natural or manufactured materials, including but not
limited to; wood, metal, plastic, wire mesh, or masonry erected for the purpose of screening
one property from another either to assure privacy or to protect the property screened. For
the purpose of this Bylaw, a masonry wall is considered to be a fence.
Flicker: Alternating light and shadow caused by sunlight passing through the moving rotor
of a wind turbine.
Floor Area, Gross: shall mean the total square feet of floor space under a roof within the
outside dimensions of a building including each floor level, without deduction for hallways,
stairs, closets, thickness of walls, columns, or other features. Unfinished attics and suspended
basements outside the thermal envelope shall not be counted as gross floor area.
Floor Area Ratio (FAR): shall be construed as a mathematical expression determined by
dividing total gross floor area of a building by the area of the lot on which it is located. For
example, a lot with 12,000 square feet in a district with a maximum FAR of .25 could contain
no more than 3,000 square feet of gross floor area (12,000 X .25 = 3,000).
Footprint: shall mean the total square feet to the outermost dimensions of a structure and/or
building including decks, porches, and staircases.
Grade Plane: A reference plane representing the average of finished ground level adjoining
the building at exterior walls. Where the finished ground level slopes away from the exterior
walls, the reference plane shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than six feet (1829 mm) from the
building, between the building and a point six feet (1829 mm) from the building.
Groundwater: All water found beneath the surface of the ground.
Hazardous Material Storage: Storage of all substances defined as toxic or hazardous under
Massachusetts General Laws. Chapters 21C and 21E, and 310 CMR 30.00; as well as such
products as solvents and thinners in quantities greater than those associated with normal
household use.
Height, Building: The dimension in feet as measured from the mean level of the established
grade at the building to the highest point of the roof (including parapet) for flat roofs, to the
ATM Warrant Articles 27, 28, 29

Page 152 of 218

May 5, 2026

deck line for mansard roofs, and to the mean height (midpoint) between the highest eaves
and ridge of the main body of the roof for gable, hip, shed, saltbox, and gambrel roofs, or
combinations thereof. Height restrictions shall not apply to chimneys, spires, cupolas,
bulkheads, TV antennae and other appurtenances not intended for human occupancy. Grade
measurements are to be taken from existing, undisturbed topography.
Height, Wind Turbine: The distance from the average grade at the base of the tower (or
structure to which it is attached) to the tip of the rotor blade at its highest point, or blade-tip
height.
Heliports: Facilities for landing and takeoff of rotary wing aircraft, as well as facilities for
aircraft fueling and maintenance, and air traffic control.
Hospital and Medical Center: An institution that provides medical, surgical, or psychiatric
care and treatment for the sick or the injured; may also include related services for in-patient
and/or out-patient medical, surgical, or psychiatric care.
Impervious Material: Material or structure on, above, or below the ground that does not
allow precipitation or surface water to penetrate into the ground.
Industrial Clean-up Services: Service companies including hazardous material spill cleanup firms, asbestos removal firms, janitorial firms, and similar facilities.
Light Manufacturing: Facilities engaged in the transformation of materials, predominantly
from previously prepared materials, or finished products or parts, including processing,
fabrication, assembly, treatment, packaging incidental storage and distribution of such
products.
Lot: An area or parcel of land or any part thereof, in separate or common ownership,
designated on a plan filed with the Building Commissioner by its owner or owners as a
separate lot and having boundaries identical with those recorded in the Southern Essex
Registry of Deeds.
Lot Coverage, Maximum: The percentage of the total area of a lot covered by buildings
and/or structures.
Lot, Frontage: The continuous portion of the line separating a lot from a street to which the
owner of the lot has a legal right of access and from which the owner could provide for
vehicular access to the principal building or a required parking space. When a lot is bounded
by more than one street, frontage shall be on the street designated by the property owner or,
if not so designated, on the street with the longest frontage. However, in the case of a lot
bounded by two streets forming an interior angle of more than 135 degrees, their combined
frontage between lot lines may be used to satisfy the lot frontage requirement.
Lot Line, Front: The property line dividing a lot from a street right-of-way.
Lot Line, Rear: Any lot line which is parallel to or within 45 degrees of being parallel to a
front lot line, except for a lot line that is itself a front lot line, and except that in the case of a
ATM Warrant Articles 27, 28, 29

Page 153 of 218

May 5, 2026

corner lot, the owner shall have the option of choosing which of the two lot lines that are not
front lot lines is to be considered the rear lot line. In the case of a lot having no street frontage
or a lot of odd shape, only the one lot line furthest from any street shall be considered a rear
lot line.
Lot Line, Side: Any lot line not a front or rear lot line.
Lot, Non-conforming: Any Lot which does not conform to the dimensional and area
requirements in this ordinance for the district in which it is located; provided, that such Lot
was in existence and lawful at the time the applicable provisions of this or prior zoning
ordinances became effective, and meets the requirements of G.L. c. 40A sec. 6 par. 4
Manufacturing: Facilities engaged in the mechanical or chemical transformation of
materials or substances into new products, including the assembly of component parts, the
fabrication of products, treatment of articles or merchandise, and the blending of materials
such as lubricating oils, plastics, resins or liquors.
Mining or Quarrying: Removal, relocation and/or processing of earth products such as
stone, gravel, sand, topsoil or mineral ores or other geological material. Processing shall
include crushing, screening, intraplant conveying, washing and storage of products. Concrete
and asphalt batch and mixing plants are included in this use.
Mini-Storage Warehouses: A building consisting of individual, small, self-contained units
that are leased or owned for the storage of business and household goods or contractors
supplies.
Mixed Use Structure: A building which contains nonresidential or hotel uses on the first
floor and may contain such uses on any other floor and also may contain one (1) or more
residential units on any other floor other than the first floor.
Mobile Home or House Trailer: A dwelling or residence designed as year-round living
quarters, whether so used or not, and built on a chassis to be moved from site to site, whether
used with or without a foundation.
Museum: An institution devoted to the procurement, care, study, and the public display of
objects of lasting interest or value.
Nacelle: The frame and housing at the top of the tower that encloses the gearbox and
generator and protects them from the weather.
Non-Profit Recreational Facility: Recreational facility- a playground, ball field, gym or
swimming pool or structure for other recreational pursuits, operated by a not-for-profit entity.
Nursing Home: An extended or intermediate care facility licensed or approved to provide
full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic
illness or infirmity, are unable to care for themselves.
On-Site Wind Facility: A wind project which is located at a commercial, industrial,
ATM Warrant Articles 27, 28, 29

Page 154 of 218

May 5, 2026

agricultural, institutional, or public facility that will consume more than 50% of the
electricity generated annually by the project on-site.
Open Outdoor Storage: The keeping, in an unenclosed area, of any goods, junk, raw
materials, supplies, equipment, merchandise, vehicles, or the like, in the same place for
more than a 24-hour period. Storage of raw materials, finished goods and equipment or
household goods, appliances and products, or the like, which are open to view from a public
right of way. This does not include storage of small quantities of materials incidental to
other permitted uses, such as a contractor’s yard.
Performing Arts Center. A multi-use performance space that is intended for use by various
types of the performing arts, including dance, music and theatre.
Rated Nameplate Capacity: The maximum rated output of electric power production
equipment. This output is typically specified by the manufacturer with a “nameplate” on the
equipment.
Open Storage of Raw Materials, Etc.: Storage of pProducts, other than products of a mining
operation (such as stone, crushed stone, gravel, sand, mulch, and loam) in the open air, not
inside a building. This does not include storage of small quantities of materials incidental to
other permitted uses, such as a contractor’s yard.
Recharge Areas: Areas that collect precipitation or surface water and transmit it to aquifers.
Recharge areas may include areas designated as Zone I, Zone II, or Zone III.
Reconstruction: shall mean the structural alteration of the existing building, but shall not
include the demolition and rebuilding thereof.
Rehabilitation Center: A facility not providing overnight accommodations that provides
outpatient therapy and training for rehabilitation, to help their clients regain skills needed to
function. The center may offer occupational therapy, physical therapy, vocational training,
and special training such as speech therapy.
Rehabilitation Residence: Residence for persons recovering from treatment for alcohol and
drug abuse.
Retail Establishment Selling General Merchandise: Retail establishment selling such items
as shoes, clothing and accessories, dry goods, household wares, appliances and equipment,
furniture, hardware, books, jewelry, gifts, sporting goods, stationery, automotive parts and
accessories.
Retail/Service Kiosk Automated Teller Machines: Stand-alone structures providing services
or entertainment, as opposed to products, to the general public including but not limited to
banking - including integrated ATMs, real estate and insurance, and establishments
providing personal services.
Rotor: The blades and hub of the wind turbine that rotate during turbine operation.

ATM Warrant Articles 27, 28, 29

Page 155 of 218

May 5, 2026

Sales by Vending Machines: Sales by a machine that automatically dispenses consumer
goods such as videos, compact disks, cigarettes, food, or beverages when money is inserted.
Shopping/Business Center: A shopping/business center or complex with smaller
shops/business uses, which is planned, constructed and managed as a total entity and where
no one retail and/or service use exceeds twenty-five thousand (25,000) square feet and where
the total gross square feet of the principle structure shall not contain more than seventy
thousand (70,000) gross square feet and which includes onsite parking.
Specified Anatomical Areas: shall include any of the following:
1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus,
or female breasts below a point immediately above the top of the areolae; or
2) human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
Specified Sexual Activities: shall mean and include any of the following:
1) The fondling or other intentional touching of human genitals, pubic region, buttocks,
anus, or female breasts; or
2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation,
or sodomy; or
3) masturbation, actual or simulated; or
4) human genitals in a state of sexual stimulation, arousal or tumescence; or
5) excretory functions as part of or in connection with any of the activities set forth in this
definition.
Story: That portion of a building included between the upper surface of a floor and the upper
surface of the floor or roof next above, excluding attics that have no habitable area and that
are used solely for storage and to house mechanical equipment. Intermediate level(s) such as
mezzanines, lofts, and penthouses shall be counted as a story.
Story above Grade: Any story having its finished floor surface entirely above grade, except
that a basement shall be considered as a story above grade where the finished surface of the
floor above the basement is:
a.1)More than 6 feet (1829 mm) above grade plan;
b.2)More than 6 feet (1829 mm) above the finished ground level for more than 50 percent of
the total building perimeter;
c.3)More than 12 feet (3658 mm) above the finished ground level at any point.
Street: shall mean:
1) a public way or a way which the Town Clerk certifies is physically constructed and
maintained and used as a public way; or
2) a private way shown on a definitive subdivision plan endorsed subsequent to 1953 and
built to the specifications set forth therein; or
3) a way presently having in the opinion of the Planning Board sufficient width, suitable
grades and adequate construction to provide for the needs of vehicular traffic in relation
to the proposed uses of the land abutting thereon or served thereby, and for the installation
of municipal services to serve such land and the buildings erected or to be erected
thereon.
ATM Warrant Articles 27, 28, 29

Page 156 of 218

May 5, 2026

Structure: A combination of materials assembled at a fixed location to give support or
shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin,
fence, sign, flagpole, recreational tramway, mast for radio antenna or the like. The word
''structure'' shall be construed, where the context allows, as though followed by the words
''or part or parts thereof.''
Substantial Evidence: Such evidence as a reasonable mind might accept as adequate to
support a conclusion.
Suspended Basement: A storage area suspended below a residential dwelling that:
a.1)Is 250 s.f. or less measured from the exterior sides of outside wall to outside wall with
deductions only for mechanical equipment;
b.2)Can only be accessed from the exterior and has no access directly into the dwelling unit;
c.3)Has a maximum ceiling height of 6'-2", measured from finished floor to ceiling framing;
e.4)Is unfinished on the interior and unconditioned.
Temporary Trailer: A trailer serving as an office, workshop or storage facility during the
construction of a building with a permitted use, or serving as temporary quarters for a
building establishment undergoing repair or renovation.
Toxic or Hazardous Material: Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual, or potential hazard to water supplies or other
hazards to human health if such substance or mixture were discharged to land or water of the
Town of Newbury. Toxic or hazardous materials include, without limitation, synthetic
organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids
and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General
Laws (MGL) Chapters 21C and 21E and 310 CMR 30.00, and also include such products as
solvents and thinners in quantities greater than normal household use.
Trailer: A furnished vehicle drawn by a truck or automobile and used when parked as a
dwelling or office.
Truck, Train and Bus Maintenance Facilities: Facilities intended for the performance of
routine as well as specialized, large-scale, major maintenance and repairs of trucks, trains or
buses. This use includes fueling facilities.
Truck Terminals: Facilities intended to shelter truck, and to provide facilities for fueling and
minor routine maintenance on trucks. This includes dispatching facilities.
Use, Accessory: A purpose subordinate to and dependent upon the principal use of a lot.
Use, Principal: The main or primary purpose for which a structure or lot is designed,
arranged, or intended or for which it is permitted to be used, occupied or maintained under
this Bylaw.
Utility-Scale Wind Facility: A commercial wind facility, where the primary use of the
facility is electrical generation to be sold to the wholesale electricity markets.
ATM Warrant Articles 27, 28, 29

Page 157 of 218

May 5, 2026

Water and Wastewater Systems: Facilities which take raw and/or contaminated water and
treat it by physical, chemical and biological means so as to render it potable. Also, facilities
that treat industrial and domestic waste in the same manner, so as to render it suitable for
discharge into waterways. Such facilities are central processing systems and do not include
wells and on-lot sewage disposal systems (septic tanks and leaching systems) intended for
single residential, commercial or industrial facilities.
Water Transport of Goods and People: Water taxis, ferries, excursion boats, party boats for
fishing, and similar uses.
Wholesale Trade, Warehousing and Distribution: Facilities intended to provide indoor
storage of products and materials, not manufactured on the premises, and which will be
further transported to other locations.
Wind Energy System/Wind Energy Facility: All equipment, machinery and structures
utilized in connection with the conversion of wind to electricity. This includes, but is not
limited to, transmission, storage, electrical collection and supply equipment, substations,
transformers, service and access roads, and one or more wind turbines.
Wind Monitoring or Meteorological ("test" or "met") Tower: A temporary tower equipped
with anemometer, wind vane, and other equipment to measure wind speed and direction,
used to determine how much wind power a site can be expected to generate.
Wind Turbine: A single device that converts kinetic wind energy into rotational energy that
drives an electrical generator. A wind turbine typically consists of a tower, nacelle body and
components, and rotor with two or more blades.
Wireless Communication Facilities: shall mean the provision of the following types of
services: cellular telephone service, personal communications service, enhanced specialized
mobile radio service, and radio transmission.
Zone II: The area of an aquifer which contributes water to a well under the most severe
pumping and recharge conditions that can be realistically anticipated (180 days of pumping
at safe yield with no recharge from precipitation) as defined in 310 CMR 22.00.
Zoning Map: The Zoning Districts and Zoning Overlay Districts, as detailed on a set of maps
together entitled “Official Zoning Map of the Town of Newbury,” with all boundary lines
designated thereon; said Zoning Map shall hereby be part of this Bylaw and shall be on file
in the office of the Town Clerk.

Article XII
VALIDITY
No changes proposed to this Article
§ 97-12 Validity.
A. General.
ATM Warrant Articles 27, 28, 29

Page 158 of 218

May 5, 2026

(1) The invalidity of any section or sections or parts of any section or sections of this bylaw
shall not affect the validity of the remainder of the bylaw. The invalidity of any section or
sections or parts of any section or sections of this bylaw shall not affect the validity of the
remainder of the town's zoning bylaw.

Attachments:
Attachment 1 - Zoning Overlay and Resource Districts Map
Attachment 2 - Zoning Districts Map
Attachment 3 - Water Supply Protection Districts Map
Attachment 4 - Table of Use Regulations

ATM Warrant Articles 27, 28, 29

Page 159 of 218

May 5, 2026

Warrant ARTICLE 28: Recodification - Amendments to 97 Attachment 4 TABLE OF USE
REGULATIONS
97 Attachment 4
Town of Newbury
TABLE OF USE REGULATIONS
[Added 5-22-2012 ATM, Art. 20; amended 5-22-2012 ATM, Arts. 21, 22, 24; 10-23-2012 STM, Art. 7;
5-21-2013 ATM, Art. 26; 5-20-2014 ATM, Art. 20; 4-24-2018 ATM, Art. 19]
P – permitted by right in District
SP – special permit of the Planning Board
SPS – special permit of the Select Board of Selectmen
SPA – special permit of the Zoning Board of Appeals
NP – not permitted in District

R-AG
PR
R-LB
BVB
CH

Agricultural Residential-Agricultural
Parker River Residential
Residential-Limited Business
Byfield Village Business
Commercial Highway

PRINCIPAL USE
R-AG

PR

R-LB

CHA
LIB
UGB
BLI
PRM

Commercial Highway A
Light Industrial Byfield
Upper Green Business
Business and Light Industrial
Parker River Marine

DISTRICT (see Note 3 below)
BVB
CH
CHA
LIB
UGB

BLI

PRM

COMMERCIAL USES
Professional and business offices
and services including, but not
limited to, medical, legal, and
financial services
Personal care establishments,
including, but not limited to, barbers
and hairdressers, salons, spas
Business repair services, including,
but not necessarily limited to,
appliances, televisions, computers,
and office equipment
Customary home occupation
Use customarily accessory to allowed
use

ATM Warrant Articles 27, 28, 29

SPSSP NP

SPSSP

P

P

P

P

P

P

NP

P

P

NP

NP

NP

NP

P

P

NP

NP

NP

P

P

P

NP

NP

P

NP

P
P

P
P

P
P

P
P

P
P

NP
P

P
P

P
P

P
P

P
P

Page 160 of 218

P

NP

May 5, 2026

PRINCIPAL USE
Mixed use structure (see Note 8
below)
COMMERCIAL USES (cont'd)
Convenience store
Retail establishment selling general
merchandise including food
Retail/service kiosk automated
teller machine (standalone as
primary use)
Retail/service kiosk automated teller
machine as an ancillary use to the
primary use
Sales by vending machines
(standalone as primary use)
Sales by vending machines as an
ancillary use to the primary use
Indoor and outdoor recreation areas
and facilities, including, but not
limited to, playgrounds, health and
fitness centers, miniature golf, golf
driving range, batting cage, tennis
courts, skating rink, boating, fishing,
and swimming
Membership club, including, but
not limited to, social club, country
club, tennis or similar sports club
Performing arts center
Museum

ATM Warrant Articles 27, 28, 29

DISTRICT (see Note 3 below)
BVB
CH
CHA
LIB
UGB
P
P
P
NP
P

R-AG
NP

PR
NP

R-LB
NP

BLI
P

PRM
P

NP
NP

NP
NP

NP
NP

P
P

P
P

P
P

NP
NP

P
P

P
P

P
P

NP

NP

NP

P

P

P

NP

P

P

P

NP

NP

NP

P

P

P

NP

P

P

P

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

SP

NP

NP

P

P

P

NP

NP

P

P

SPSSP

NP

NP

SPS

NP

NP

SPSSP

NP

NP

SP

P

P

NP

NP

SP

SP

NP
NP

NP
NP

NP
NP

P
P

P
P

P
P

NP
NP

P
P

P
P

P
P

SPSSP SPSSP

Page 161 of 218

SPSSP SPSSP

May 5, 2026

PRINCIPAL USE
Establishment selling, and/or
renting new and/or used
automobiles, trucks, aircraft,
motorcycles, and household and
camping trailers, and enclosed
repair facilities accessory thereto
COMMERCIAL USES (cont'd)
Establishment servicing
automobiles, trucks, aircraft,
motorcycles, and/or household and
camping trailers
Establishment selling motor vehicle
parts and accessories
Animal grooming
Veterinary clinic
Feed Store
Building materials establishments
Temporary trailer for business
purposes
Radio/T.V. studio
Shopping center
Hospital and medical center
Nursing home and rehabilitation
center
Registered Marijuana Dispensaries
Medical Marijuana Treatment
Center (see Notes 1, 4, and 5
below)
Marijuana Retailer
(see Notes 1 and 4 below)
Marijuana Testing Facility
(see Notes 1, 4 and 5 below)

ATM Warrant Articles 27, 28, 29

DISTRICT (see Note 3 below)
BVB
CH
CHA
LIB
UGB
NP
P
NP
NP
NP

R-AG
NP

PR
NP

R-LB
NP

BLI
P

PRM
NP

NP

NP

P

P

P

NP

P

P

P

NP

NP

NP

NP

P

P

P

NP

NP

P

NP

NP
NP
P
NP
NP

NP
NP
NP
NP
NP

NP
NP
NP
NP
P

P
SP
P
NP
P

P
P
P
P
P

P
P
P
P
P

NP
NP
NP
NP
P

NP
NP
NP
NP
P

P
P
P
P
P

NP
NP
NP
NP
P

NP
NP
SPS
SPS

NP
NP
NP
NP

NP
NP
NP
NP

P
NP
NP
NP

P
SP
SP
SP

P
SP
SP
SP

NP
NP
NP
NP

P
NP
NP
NP

P
SP
SP
SP

P
NP
NP
NP

NP

NP

NP

NP

SPNP

NP

NP

NP

SP

NP

NP

NP

NP

NP

NP

NP

NP

NP

SP

NP

NP

NP

NP

NP

SP

NP

NP

NP

SP

NP

Page 162 of 218

May 5, 2026

PRINCIPAL USE
Assisted Living or Life Care
Rehabilitation residence

R-AG
SPSSP
SPSSP

PR
NP
NP

R-LB
NP
NP

DISTRICT (see Note 3 below)
BVB
CH
CHA
LIB
UGB
NP
SP
SP
NP
NP
NP
SP
SP
NP
NP

BLI
SP
SP

PRM
NP
NP

Congregate elderly housing

SPSSP

NP

NP

NP

SP

SP

NP

NP

SP

NP

NP

NP

NP

NP

SP

NP

NP

SP

SP

SP

SP

NP

NP

NP

SP

SP

NP

NP

SP

NP

SP
NP
NP

NP
NP
NP

NP
NP
NP

NP
NP
NP

SP
NP
SP

SP
NP
SP

NP
NP
NP

NP
NP
NP

SP
SP
SP

NP
NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

SP
NP

SP
NP

NP
NP

NP
NP

SP
NP

NP
NP

NP

NP

NP

P

P

P

NP

P

P

P

NP

NP

NP

NP

SP

SP

NP

NP

P

NP

NP

NP

NP

NP

SP

SP

NP

NP

SP

NP

P

NP

NP

P

P

P

NP

P

P

NP

P

NP

NP

P

P

P

NP

P

P

NP

P

NP

NP

P

P

P

NP

P

P

NP

Gasoline, diesel oil, or fuel oil sales
or distribution facilities
COMMERCIAL USES (cont'd)
Animal boarding, kennel - 24-hour
operations
Animal daycare — daytime only
Car wash facility
Funeral home or mortuary
establishments
Mini-storage warehouses
Automobile graveyards and
junkyards, as defined in MGL
Chap. 140B, Section 1;
FOOD SERVICES
Eating and drinking places,
excluding formula fast food
establishments
Formula fast food establishments
without “drive-thru” facilities
Formula fast food establishments
with “drive-thru” facilities
MUNICIPAL AND
COMMUNITY FACILITIES
Town Hall Offices or other
municipal building or facility
Public Works Department and
garage
Police Station

ATM Warrant Articles 27, 28, 29

Page 163 of 218

May 5, 2026

PRINCIPAL USE
Fire Station
Library
Church or other religious purpose
U.S. Post Office
Town outdoor recreation facility
and any other outdoor noncommercial recreation use
MUNICIPAL AND COMMUNITY
FACILITIES (cont’d)
Non-profit recreational facility
Cemetery, municipal or private
Cemetery, municipal
EDUCATIONAL USES
Educational purpose which is
religious, sectarian, nondenominational, public, or nonprofit
Educational purpose which is
operated for profit
Preschool/childcare facility
INDUSTRIAL USES
Research offices or establishments
devoted to research and development
activities
Corporate headquarters or office
park
Offices for general construction,
landscaping, or similar contractors,
with open outdoor storage of related
supplies, equipment, or vehicles, and
structures for storing such items

ATM Warrant Articles 27, 28, 29

R-AG
P
P
P
P
SPSP

PR
NP
NP
P
P
NP

R-LB
NP
NP
P
P
NP

DISTRICT (see Note 3 below)
BVB
CH
CHA
LIB
UGB
P
P
P
NP
P
P
P
P
NP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
NP
NP

BLI
P
P
P
P
P

PRM
NP
NP
P
P
P

SPSSP
SPS

NP
NP

NP
NP

SP
NP

SP
NP

SP
NP

NP
NP

SP
NP

SP
NP

SP
NP

P

NP

NP

NP

NP

NP

NP

NP

NP

NP

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

NP

NP

P

NP

P

NP

P

SP

P

NP

NP

NP

NP

P

P

P

NP

P

P

NP

NP

NP

NP

P

P

NP

NP

P

NP

NP

NP

NP

NP

SP

SP

NP

NP

P

NP

Page 164 of 218

May 5, 2026

PRINCIPAL USE
R-AG
NP

PR
NP

R-LB
NP

DISTRICT (see Note 3 below)
BVB
CH
CHA
LIB
UGB
NP NPSP NPSP
NP
NP

BLI
P

PRM
NP

Retail sale of goods
manufactured on premises

NP

NP

NP

NP

NP

NP

NP

NP

P

P

Printing/publishing

NP

NP

NP

NP

NP

NP

NP

NP

P

NP

Services to industry, including
environmental and maintenance

NP

NP

NP

NP

NP

NP

NP

NP

P

NP

Light fabrication and repair, including
but not limited to welding, carpentry,
pipe/duct fabrication
Machine shops
Temporary construction trailer

NP

NP

NP

NP

NP

NP

P

NP

P

P

NP
P

NP
P

NP
P

NP
P

NP
P

NP
P

P
P

NP
P

P
P

P
P

Small wind energy system accessory
to principal use as provided for in
Article X
Light manufacturing
Food processing and distribution

P

P

P

P

P

P

P

P

P

P

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

P
NP

NP
NP

P
SP

P
SPNP

Seafood processing and distribution

NP

NP

NP

NP

NP

NP

NP

NP

SP

NPSP

Seafood handling/distribution

NP

NP

NP

NP

NP

NP

NP

NP

NP

SP

Non-retail bakery

INDUSTRIAL USES (cont'd)

SPSSP SPSSP SPSSP SPSSP SPSSP SPSSP SPSSP SPSSP SPSSP SPSSP
Electric power
generation/distribution
Natural gas distribution facilities
NP
NP
NP
NP
NP
NP
NP
NP
SP
NP
Large wind energy facility as provided SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
for in Article V
Wind monitoring or meteorological
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
tower
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
Water and wastewater
systems (not Town-owned)
Landfills and open dumps as
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
defined in 310 CMR 19.006

ATM Warrant Articles 27, 28, 29

Page 165 of 218

May 5, 2026

PRINCIPAL USE
R-AG
NP

PR
NP

R-LB
NP

DISTRICT (see Note 3 below)
BVB
CH
CHA
LIB
UGB
NP
NP
NP
NP
NP

BLI
NP

PRM
NP

NP

NP

NP

NP

SPNP

NP

NP

NP

SPNP

NP

Open Outdoor storage of raw
materials, finished products, or
construction equipment as an ancillary
use to the primary use
Mining or quarrying

NP

NP

NP

NP

SP

NP

NP

NP

SP

P

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

Hazardous material storage

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

Laundry/dry cleaning plant

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

Processing and treating of raw
materials not enclosed, including but
not limited to operations such as
grading, drying, sorting, crushing,
grinding, and milling

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

Trash Transfer Stations

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

Craft Marijuana Cultivator
Cooperative
(see Notes 1, 4 and 5 below)

NP

NP

NP

NP

SP

NP

NP

NP

SP

NP

Marijuana Cultivator
(see Notes 1, 4 and 5 below)
Marijuana Product Manufacturer
(see Notes 1, 4 and 5 below)
WHOLESALE &
TRANSPORTATION USES

NP

NP

NP

NP

SP

NP

NP

NP

SP

NP

NP

NP

NP

NP

SP

NP

NP

NP

SP

NP

Open Outdoor storage, except where
otherwise noted
Open Outdoor storage of raw
materials, finished products, or
construction equipment as a
primary use
INDUSTRIAL USES (cont'd)

ATM Warrant Articles 27, 28, 29

Page 166 of 218

May 5, 2026

PRINCIPAL USE
R-AG
NP

PR
NP

R-LB
NP

DISTRICT (see Note 3 below)
BVB
CH
CHA
LIB
UGB
NP
P
NP
NP
NP

BLI
P

PRM
NP

Offices or headquarters for Mmisc.
transportation services, including, but
not limited to, taxi, van, limousine,
and ambulance service and similar
“for hire” vehicles

NP

NP

NP

NP

SP

NP

NP

NP

P

NP

Commercial parking
Wholesale trade, warehousing and
distribution
Truck terminal
Truck and bus maintenance
facilities
Heliports
Airport and landing strip
MARINE USES
Boat sales/service/storage/rental
Water transport of goods and
people
Marine equipment sales
Marine repair services
Boat parts and accessories
manufacturing
Boat building and repair
Commercial fishing
Marina and related uses including
gasoline uses and sales

NP
NP

NP
NP

NP
NP

NP
NP

NP
SP

NP
SP

NP
NP

NP
NP

P
SP

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

SP
SP

NP
NP

NP
NP

NP
NP

SP
SP

NP
NP

SP
SP

NP
NP

NP
NP

NP
NP

SP
NP

SP
NP

NP
NP

NP
NP

SP
NP

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

NP
NP

P
NP

P
P

NP
NP
NP

NP
NP
NP

NP
NP
NP

NP
NP
NP

NP
P
NP

NP
P
NP

NP
P
NP

NP
NP
NP

P
P
P

P
P
P

NP
NP
NP

NP
NP
NP

NP
NP
NP

NP
NP
NP

NP
NP
NP

NP
NP
NP

NP
NP
NP

NP
NP
NP

P
NP
NP

P
P
P

Bus terminals and/or railroad
passenger stations and any other
similar passenger transportation
services
WHOLESALE &
TRANSPORTATION USES
(cont’d)

ATM Warrant Articles 27, 28, 29

Page 167 of 218

May 5, 2026

PRINCIPAL USE
R-AG
NP

PR
NP

R-LB
NP

DISTRICT (see Note 3 below)
BVB
CH
CHA
LIB
UGB
NP
NP
NP
NP
NP

BLI
NP

PRM
P

Open storage of raw materials,
finished products, or construction
equipment and structures for storing
such equipment as an ancillary use to
the primary use
AGRICULTURAL USES
Agriculture, horticulture and
floriculture (See Note 1 below)
Commercial forestry and growing
of all vegetation
Greenhouse or stand for retail sale
of agricultural or farm products
raised locally
RESIDENTIAL USES
Hotels and Motels

NP

NP

NP

NP

NP

NP

NP

NP

NP

P

P

NP

P

NP

P

NP

P

NP

P

NP

P

NP

P

NP

P

NP

P

NP

P

NP

P

NP

P

P

P

P

NP

P

P

NPP

NP

NP

NP

NP

SP

SP

NP

NP

SP

SP

Single Family Residence
Two Family Residence
A single-family residence as an
accessory use for the owner of or
the security personnel employed by
the commercial enterprise located
thereon
Structures customarily accessory to
single-family residences
Multi-Family dwellings, five units
or more
Multi-family dwellings, up to a
limit of four units

P
P
NP

P
NP
NP

P
P
NP

P
P
NP

NP
NP
NP

NP
NP
NP

P
P
P

P
P
NP

NP
NP
NP

P
P
NP

P

P

P

P

NP

NP

P

P

NP

P

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

SP

NP

NP

NP

SP

NP

NP

Wholesale trade, warehousing and
distribution as an ancillary use to the
primary use
MARINE USES (cont’d)

ATM Warrant Articles 27, 28, 29

Page 168 of 218

May 5, 2026

PRINCIPAL USE
Accessory apartment dwelling unit attached
Accessory apartment dwelling unit detached
RESIDENTIAL USES (cont’d)
Bed and Breakfast establishment
Dormitory: resident, fraternity, or
sorority
Mobile homes and trailers for
temporary residency

R-AG
P

PR
P

R-LB
P

DISTRICT (see Note 3 below)
BVB
CH
CHA
LIB
UGB
P
NP
NP
P
P

BLI
NP

PRM
P

SPAP

SPAP

SPAP

SPAP

NP

NP

SPAP

SPAP

NP

SPAP

SPSA
NP

NP
NP

NP
NP

SPSA
NP

NP
NP

NP
NP

SPSA
NP

SPSA
NP

NP
NP

SPSA
NP

P

P

P

P

NP

NP

P

P

NP

P

Notes:
1. Notwithstanding the above Table of Use Regulations, nothing in this Bylaw shall prohibit or restrict the use of land or structures in any
district for agriculture, horticulture, and floriculture on any parcel of five (5) acres or more, in accordance with MGL Chapter 40A,
Section 3.
2. In addition to the above, Ssee District Specific Applicable Regulations above Article III – Regulations of Use Districts, §§ 97-3.C.
through 97-3.L. for District Specific Applicable Regulations for additional regulations pertaining to each Use District.
3. See Article IV – Regulations of Overlay Districts for use regulations pertaining to zZoning oOverlay dDistricts, including Water
Supply Protection, Wireless Communications, Plum Island, Flood Zone, and Adult Entertainment, and MBTA Communities MultiFamily.
4. See Article V – Special Permits General for regulations pertaining to Bed and Breakfast Establishments, and Large Wind Energy
Facilities, Registered Marijuana Dispensaries and Marijuana Establishments and Medical Marijuana Treatment Centers.