3.1 Establishment of Districts

The Town of Ayer is hereby divided into eight (8) types of districts. The Town of Ayer also has three (3) overlay districts.

a. Residential Districts
1) A-1, Residence A-1
2) A-2, Residence A-2
3) GR, General Residence

b. Commercial Districts
1) DB, Downtown Business
2) GB, General Business

c. Industrial Districts
1) L.I. Light Industrial
2) H.I. Heavy Industrial

d. HCS, Health Care Services District

e. Overlay Districts
1) WCS, Wireless Communication Services District
2) FPD, Flood Plain District
3) APD, Aquifer Protection District

The boundaries of each of the said districts are hereby established as shown, defined and bounded on the map accompanying this by-law and on file with the Clerk of the Town of Ayer, Massachusetts, entitled "Town of Ayer, Massachusetts Zoning District Map, September 1986." All explanatory matter thereon is hereby made a part of this by-law.

a. District Boundary Lines on Ways. Where the boundary lines are shown upon said map within the street lines of public and private ways, railroads or utility lines, the center lines of such ways, railroads or utility lines shall be the boundary lines.

b. District Boundary Lines on Lot Lines. Where the district boundary lines are shown approximately on property or lot lines, and their exact location is not indicated by dimensions the property or lot lines shall be the zoning district boundary lines.

c. District Boundary Lines Outside of Ways. Boundary lines located outside of public and private ways, railroads or utility lines and shown approximately parallel thereto shall be regarded as parallel to such lines, and intervening dimensions shown are the distances in feet from such street, railroad or utility lines, such distances being measured at right angles to such lines unless otherwise indicated.

d. District Boundary Lines Following Natural Features. Where the district boundary line follows a body of water, said boundary line shall be construed to be at the thread of the channel of the stream unless otherwise indicated.

e. District Boundary Lines Dividing a Lot. Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for the less restricted portions of such lot shall extend no more than fifty (50) feet into the more restricted portion of such lot, provided the lot has street frontage in the less restricted district.

f. District Boundary Lines Determined by Identifications on the Maps. In all cases, which are not covered by other provisions of this Article, the location of boundary lines shall be determined by the distance from other lines upon said maps, if given, by the use of identifications shown on the maps, or by the scale of the maps.

g. Determination of Uncertain Boundary Lines. Whenever any uncertainty exists as to the exact location of a boundary line, the location of such line shall be determined by the Enforcing Officer, provided that any aggrieved person may appeal to the Zoning Board of Appeals.

• • All areas in each zoning district, including streets or other public lands, are subject to the

regulations for that district.







3.3 District Regulations

3.3.1 Residential Districts

a. General Purpose and Description

The A-1 Low Density Residential District is intended to allow residential development at slightly over one unit/acre, in outlying areas and in areas with severe septic system limitations, steep slopes or other major development limitations, and/or with limited public facilities, particularly sewer and water service. Such zoning can allow development which is suitable to the capacity of the land without requiring extensive or premature public investment. However, the relatively large lot requirements consume much land for a given amount of new housing created.

b. Definitions Referenced

The definitions of certain terms referenced in this section are set forth in Article 2, “Definitions” on page 7 of this bylaw.

c. Use Regulations

Permitted Uses

Uses Allowed by Special Permit from Zoning Board

Uses Allowed by Special Permit by the Board of Selectmen

Prohibited Uses

Any use not specifically listed above as permitted or allowed by special permit shall be prohibited. Refer to Article 4, Section 4.4 Table of Use Regulations on page 65 for detailed listing.

d. Density and Dimensional Regulations - For complete detailed information on regulations refer to Article 5, Dimensional Regulations on page 69.

• • 35 Feet
• • 15 feet
• • 30 feet

• • 35 feet
• • 80%

e. Residence A-1 District Provisions

For all zoning districts, off-street parking spaces shall be provided for every new structure, the enlargement of an existing structure, and new or expanded uses, in accordance with the TABLE OF OFF-STREET PARKING REGULATIONS and other requirements contained in Article 6. Off-Street Parking on page 73.

Any use permitted by right or special permit in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion, radio active or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or electro-magnetic, or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of insects, rodents, or other substance; conditions or element in any amount as to affect adversely the surrounding environment. Refer to Article 9 Special Provisions Section 9.5 on page 78.

3.3.1.2 Residence A-2


a. General Purpose and Description

The A-2 Medium Density Residential District is intended to allow a greater variety of housing and supporting public and semi-public facilities on relatively generous lots in the more central and accessible portions of the community, particularly in areas with public water and sewer service.

b. Definitions Referenced

The definitions of certain terms referenced in this section are set forth in Article 2, “Definitions” on page 7 of this bylaw.

c. Use Regulations

Permitted Uses

10) Apartments over office/commercial space
11) Farming, horticulture, forestry, nurseries, greenhouses, and sale of on premised raise produce

least 20 feet from rear and side lot lines

14) Boarding of animals for profit

Uses Allowed by Special Permit from Zoning Board

Uses Allowed by Special Permit by the Board of Selectmen

1) Commercial removal of sod, stone, loam or other earth products for use elsewhere within the town

Prohibited Uses

Any use not specifically listed above as permitted or allowed by special permit shall be prohibited. Refer to Article 4, Section 4.4 Table of Use Regulations on page 65 for detailed listing.


d. Density and Dimensional Regulations - For complete detailed information on regulations refer to Article 5, Dimensional Regulations on page 69.

• • • 100 Feet

• • • 20 Feet
• • • 15 feet
• • • 25 feet

• • • 35 feet
• • • 60%

e. Residence A-2 District Provisions

For all zoning districts, off-street parking spaces shall be provided for every new structure, the enlargement of an existing structure, and new or expanded uses, in accordance with the TABLE OF OFF-STREET PARKING REGULATIONS and other requirements contained in Article 6.Off-Street Parking on page 73.

Any use permitted by right or special permit in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion, radio active or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or electro-magnetic, or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of insects, rodents, or other substance; conditions or element in any amount as to affect adversely the surrounding environment. Refer to Article 9 Special Provisions Section 9.5 on page 78.

3.3.1.3 General Residence (GR)


a. General Purpose and Description

The G.R. General Residential District is intended to allow and regulate higher density housing and public facilities in centrally-located or very accessible and well-served areas of the town. It includes multi-unit and townhouse development by special permit at higher densities of about 12 units/acre.

b. Definitions Referenced

The definitions of certain terms referenced in this section are set forth in Article 2, “Definitions” on page 7 of this bylaw.

c. Use Regulations

Permitted Uses

Uses Allowed by Special Permit from Zoning Board

Uses Allowed by Special Permit by the Board of Selectmen

Prohibited Uses

Any use not specifically listed above as permitted or allowed by special permit shall be prohibited. Refer to Article 4, Section 4.4 Table of Use Regulations on page 65 for detailed listing.


d. Density and Dimensional Regulations (For complete detailed information on regulations refer to Article 5, Dimensional Regulations on page 69)

• • • 10,000 square feet
• • • 13,000 square feet

Refer to Article 7, Section 7.2
Special Development Regulations on page 78.

• • • 20 Feet
• • • 10 feet
• • • 25 feet

• • • 2.5 stories
• • • N/A
• • • 30%

e. General Residence(GR) District Provisions

For all zoning districts, off-street parking spaces shall be provided for every new structure, the enlargement of an existing structure, and new or expanded uses, in accordance with the TABLE OF OFF-STREET PARKING REGULATIONS and other requirements contained in Article 6. Off-Street Parking on page 73.

Any use permitted by right or special permit in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion, radio active or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or electro-magnetic, or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of insects, rodents, or other substance; conditions or element in any amount as to affect adversely the surrounding environment. Refer to Article 9 Special Provisions Section 9.5 on page 78.

3.3.2 Commercial Districts

3.3.2.1 Downtown Business (DB)

a. General Purpose and Description

The D.B. Downtown Business District is intended to accommodate a wide variety of retail, service, commercial and public uses.

The Downtown Business District (DBD) is established to provide a comprehensive set of development methods to be applied in Ayer’s downtown area to distinguish its unique qualities from other business areas within the town. These methods are established for the continuance and enhancement of the historic downtown area as the functional and symbolic center of Ayer. The Downtown Business District shall be a separate business district that incorporates the areas in town which are part of Ayer Center as delineated on the Ayer Zoning Map. The Downtown Business District is established to achieve the following objectives for the town:

b. Definitions Referenced

The definitions of certain terms referenced in this section are set forth in Article 2, “Definitions” on page 7 of this bylaw.

c. Use Regulations

Permitted Uses

Uses Allowed by Special Permit from Zoning Board

Uses Allowed by Special Permit by the Board of Selectmen

Prohibited Uses

Any use not specifically listed above as permitted or allowed by special permit shall be prohibited. Refer to Article 4, Section 4.4 Table of Use Regulations on page 65 for detailed listing.

Residential Uses in Commercial Buildings
Approved by Attorney General December 10, 1999

In general, no residential use shall be permitted on street level in the Downtown Business district with the exception of hotels.


d. Density and Dimensional Requirements (For complete detailed information on regulations refer to Article 5, Dimensional Regulations on page 69)

All projects or uses in the Downtown Business District must conform to the density and dimensional requirements in Article 5 Dimensional Regulations, Section 5.12 on page 72 . (Approved by Attorney General December 10, 1999)

• • • None

• • • 10,000 square feet
• • • 10,000 square feet

• • • (except 25 Feet where

abutting residential district)

• • • 40 feet
• • • 5%

e. Downtown Business District Provisions

In order to receive site plan approval, all projects or uses must demonstrate compliance with the Commercial Development Performance Standards set forth in Article 9, Special Provisions, Section 9.4 on page 78, and abide by the Environmental Performance Standards set forth in Article 9, Special Provisions, Section 9.5 on page 78.

Any use permitted by right or special permit in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion, radio active or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or electro-magnetic, or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of insects, rodents, or other substance; conditions or element in any amount as to affect adversely the surrounding environment. Refer to Article 9 Special Provisions Section 9.5 on page 78.

For all zoning districts, off-street parking spaces shall be provided for every new structure, the enlargement of an existing structure, and new or expanded uses, in accordance with the TABLE OF OFF-STREET PARKING REGULATIONS and other requirements contained in Article 6. Off-Street Parking on page 73.

a. General Purpose and Description

The General Business District is intended to accommodate a range of general and automobile-related retail and service activities and public uses. These would usually be developed on larger parcels and with greater amounts of on-site parking than is appropriate downtown, and the District is generally mapped on major arteries outside of the downtown area. To control the visual clutter and sprawling land-use patterns typical of strip commercial development, the amount of land mapped in this district should be limited to that actually required for the extent of highway commercial development needed or desired in the town.

The General Business District is established to provide a comprehensive set of development methods to be applied in the highway business area of Ayer, and to recognize the specific characteristics of the highway corridor. The GBD has special requirements as a major roadway and as a conduit to other towns.

The General Business District will contain businesses or uses which include auto-oriented uses that require larger lot sizes, are high volume traffic generators, and are not appropriate for other business districts in the town.

The General Business District is established to achieve the following objectives of the Town of Ayer:

b. Definitions Referenced

The definitions of certain terms referenced in this section are set forth in Article 2, “Definitions” on page 7 of this bylaw.

c. Use Regulations

Permitted Uses

Uses Allowed by Special Permit from Zoning Board

Uses Allowed by Special Permit by the Board of Selectmen

Prohibited Uses

Any use not specifically listed above as permitted or allowed by special permit shall be prohibited. Refer to Article 4, Section 4.4 Table of Use Regulations on page 65 for detailed listing.

d. Density and Dimensional Regulations (For complete detailed information on
Regulations refer to Article 5, Dimensional Regulations on page 69)

• • • • 100 feet

• • • • 30 Feet
• • • • 25 feet except 35 feet when

abutting a residential district

• • • • 20 Feet

• • • • 35 feet
• • • • 3 stories
• • • • 60%
• • • • 20%

e. General Business District Provisions

In order to receive site plan approval, all projects or uses must demonstrate compliance with the Commercial Development Performance Standards herein set forth in Article 9, Special Provisions, Section 9.4 on page 78, and abide by the Environmental Performance Standards set forth in Article 9 Special Provisions Section 9.5 on page 78.

Any use permitted by right or special permit in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion, radio active or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or electro-magnetic, or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of insects, rodents, or other substance; conditions or element in any amount as to affect adversely the surrounding environment. Refer to Article 9 Special Provisions Section 9.5 on page 78.

Screening and buffers shall be required in any Industrial or General Business district which adjoins a residential district. The standards for screening and buffers can be found in Article 9, Special Provisions Section 9.3 on page 78.

For all zoning districts, off-street parking spaces shall be provided for every new structure, the enlargement of an existing structure, and new or expanded uses, in accordance with the TABLE OF OFF-STREET PARKING REGULATIONS and other requirements contained in Article 6. Off-Street Parking on page 73.

3.3.3 Industrial Districts


3.3.3.1 Light Industrial (L-I)

a. General Purpose and Description

The L-I Light Industrial District is intended to accommodate diverse industrial and commercial uses which typically produce limited amounts of noise, truck traffic, vibration or other disruptive impacts while producing significant amounts of employment for the area required. (While there are no mandatory standards such uses as light manufacturing, and research or testing can provide around one job per 600 square feet of floor area (compared to 1/2 or less than that in wholesale and distribution activity), and office parks can approach a job for every 200 square feet of floor space). This district is mapped on medium sized tracts with good highway access and necessary utilities.

b. Definitions Referenced

The definitions of certain terms referenced in this section are set forth in Article 2, “Definitions” on page 7 of this bylaw.

c. Use Regulations

Permitted Uses

Uses Allowed by Special Permit from Zoning Board

Uses Allowed by Special Permit by the Board of Selectmen

Prohibited Uses

Any use not specifically listed above as permitted or allowed by special permit shall be prohibited. Refer to Article 4, Section 4.4 Table of Use Regulations on page 65 for detailed listing.

d. Density and Dimensional Regulations (For complete detailed information on
Regulations refer to Article 5, Dimensional Regulations on page 69)

• • • • 100 feet

• • • • 25 Feet
• • • • 25 feet except 50 feet when

abutting a residential district

• • • • 30 Feet except for buildings through

block or to a RR siding

• • • • 40 feet
• • • • 30%

e. Light Industrial District Provisions

Any use permitted by right or special permit in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion, radio active or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or electro-magnetic, or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of insects, rodents, or other substance; conditions or element in any amount as to affect adversely the surrounding environment. Refer to Article 9 Special Provisions Section 9.5 on page 78.

Screening and buffers shall be required in any Industrial or General Business district which adjoins a residential district. The standards for screening and buffers can be found in Article 9, Special Provisions Section 9.3 on page 78.

3) Off-Street Parking
For all zoning districts, off-street parking spaces shall be provided for every new structure, the enlargement of an existing structure, and new or expanded uses, in accordance with the TABLE OF OFF-STREET PARKING REGULATIONS and other requirements contained in Article 6. Off-Street Parking on page 73.

3.3.3.2 Heavy Industrial/Distribution District (H-I)


a. General Purpose and Description

The H-I Heavy Industrial/Distribution District is intended to accommodate major processing,
distribution and manufacturing facilities including those with significant rail and truck traffic
requirements, so long as there are no significant off-site environmental impacts which are
offensive or detrimental to the Town. This district is to be mapped on major tracts with good
rail and highway access, full public and private utilities and appropriate separation from
residential areas.

b. Definitions Referenced

The definitions of certain terms referenced in this section are set forth in Article 2, “Definitions” on page 7 of this bylaw.

c. Use Regulations

Permitted Uses

10) Commercial removal of sod, stone, loam or other earth products for use
elsewhere in the town

16) Research, experimental and testing laboratories and related light
manufacturing

18) Warehousing and interior storage
19) Exterior storage, screened and without junk storage
20) Uses accessory to permitted uses
21) Signs

Uses Allowed by Special Permit from Zoning Board

Prohibited Uses

Any use not specifically listed above as permitted or allowed by special permit shall be prohibited. Refer to Article 4, Section 4.4 Table of Use Regulations on page 65 for detailed listing.

d. Density and Dimensional Regulations (For complete detailed information on
Regulations refer to Article 5, Dimensional Regulations on page 69)

• • • • 150 feet

• • • • 25 Feet
• • • • 25 feet except 50 feet when

abutting a residential district

• • • • 30 Feet except for buildings through

block or to a RR siding

• • • • 1.00

e. Heavy Industrial/Distribution District Provisions

Any use permitted by right or special permit in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion, radio active or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or electro-magnetic, or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of insects, rodents, or other substance; conditions or element in any amount as to affect adversely the surrounding environment. Refer to Article 9 Special Provisions Section 9.5 on page 78.

Screening and buffers shall be required in any Industrial or General Business district which adjoins a residential district. The standards for screening and buffers can be found in Article 9, Special Provisions Section 9.3 on page 78.

For all zoning districts, off-street parking spaces shall be provided for every new structure, the enlargement of an existing structure, and new or expanded uses, in accordance with the TABLE OF OFF-STREET PARKING REGULATIONS and other requirements contained in Article 6. Off-Street Parking on page 73.

3.3.4 Health Care Service District (HCS)
(Approved by Attorney General September 14, 2006)


a. General Purpose and Description

The Health Care Services District is intended to provide for the health and care needs of the community within a district designed for a hospital, medical facilities, medical office buildings and the customary supporting facilities. This district is to allow hospitals, clinics, treatment facilities, offices, temporary housing for employees, laboratories, sale of materials, and supplies of a medical nature and similar related uses. Further, this district will maintain an appropriate scale and will ensure compatibility between uses within the Health Care Services District and abutting residential districts through appropriate density, dimensional and other requirements.

b. Definitions Referenced

The definitions of certain terms referenced in this section are set forth in Article 2, “Definitions” on page 7 of this bylaw.

c. Location of HCS District

The Health Care Services District comprises the portions located in Ayer of a parcel which is known as 200 Groton Road (a/k/a Washington Street). The overall parcel includes approximately 40 acres, such calculation excluding certain areas which are located in the Town of Groton. The metes and bounds description of the overall parcel (inclusive of the portions in Groton is as follows:

“Beginning at a concrete bound on the Northerly sideline of Washington Street, said beginning point being the Southeasterly corner of the locus; Thence running N74°41”35”W by land now or formerly of Michael J. and Phillipa J.C. MacDougall, by land now or formerly of RNR Trust Two, and by land now or formerly of Robert J. and Barbara J. Donell Seven Hundred Thirty-One and Eleven Hundredths (731.11) feet to a point; Thence turning and running S84°53”18”W by land now or formerly of Robert J. and Barbara J. Donell One Hundred Sixty-One and Twenty-Two Hundredths (161.22) feet to a point; Thence turning and running S81°19’37”W Sixty-Two and Seventy-Five Hundredths (62.75) feet to a point; Thence turning and running S84°48’43”W still by land now or formerly of said Robert J. and Barbara J. Donell and by land now or formerly of Harold W. and Maryann Madigan One Hundred Ninety-Two and Sixty-Five Hundredths (192.65) feet to a point; Thence turning and running S83°54’43”W still by land now or formerly of said Harold W. and Maryann Madigan One Hundred Eight and Twenty-Five Hundredths (108.25) feet to a point on the Northeasterly sideline of Old Harbor Road (Abandoned); Thence turning and running N22°27’12”W by the Northeasterly sideline of said Old Harbor Road (Abandoned) Two Hundred Six and No Hundredths (206.00) feet to a point; Thence turning and running N36°10’30’W sill by the Northeasterly sideline of Old Harbor Road (Abandoned)Forty-Two and Ninety Hundredths (42.90)feet to a point; Thence turning and running in a generally northerly direction by a curve to the left of Two Thousand Two Hundred Thee and Fifty-five Hundredths (2203.55) feet radius by land now or formerly of the Department of Environmental Management Two Hundred Sixty-Two and Ninety-Six Hundredths (262.96) feet to a point of tangency; Thence running N10°03’03”E still by land now or formerly of said Department of Environmental Management Eight Hundred Nineteen and Fifty Hundredths (819.50) feet to a point; Thence turning and running S78°37’12”E by land now or formerly of Inhabitants of the Town of Groton One Thousand Five Hundred Twenty-Eight and Sixty-Six Hundredths (1528.66) feet to a point;Thence turning and running S11°25’08”W by land now or formerly of Kathryn A Parsons One Hundred Sixty-Six and Ninety-Six Hundredths (166.96) feet to a point;
Thence turning and running S72°23’24” E still by land or formerly of said Kathryn A. Parsons One Hundred Seventy-One and Sixteen Hundredths (171.16) feet to a point on the Northerly sideline of Washington Street;Thence turning and running S38°26’38”W One Hundred Sixty-Five and Ninety-Seven Hundredths (165.97) feet to a point of curvature;Thence running generally Southwesterly direction by a curve to the left of One Thousand Five Hundred Sixty-Eight and Sixteen Hundredths (1568.16) feet radius Four Hundred Five and Fifty-Three Hundredths (405.53) feet to a point of tangency;Thence running S23°37’38”W still by the Northerly sideline of said Washington Street Four Hundred Seventy-Three and Ninety-Six hundredths (473.96) feet to a point of beginning ;Containing a total area of Forty and Six Hundred Fifty-Two Thousands (40.652) acres, more or less. All being shown on a plan entitled “ALTA/ACSM Land Title Survey, Nashoba Hospital, 200 Washington Street, Ayer, MA (Middlesex County)”, SCALE 1”=100’, by Coler & Colantonio, Inc. dated December 9, 2002, excluding any portions thereof located in the Town of Groton.”

d. Use Regulations

Permitted Uses

1) Hospital
2) Emergency Room
3) Psychiatric Mental health unit only for patients originating from the service area for a community acute care medical/surgical hospital
4) Medical research laboratory
5) Medical diagnostics
6) Transitional care unit
7) Outpatient clinic
8) Medical/dental/psychiatric office building
9) Nursing home
10) Child Care facility
11) Ancillary and supporting pharmacy
12) Ancillary and supporting dwelling units for resident physicians, employees and medical staff
13) Ancillary and supporting health and fitness facility
14) Ancillary and supporting trailers used for temporary storage of medical equipment and supplies
15) Ancillary and supporting storage of mobile medical vehicles
16) Ancillary and supporting temporary modular office space
17) Ancillary and supporting swimming pool
18) Ancillary and supporting newsstand or cafeteria
19) Ancillary and supporting training/educational center for the public
20) Ancillary and supporting maintenance of vehicles and equipment
21) Ancillary and supporting helipad
22) Ancillary and supporting storage buildings

Prohibited Uses

Any use not specifically listed above as permitted or allowed by special permit shall be prohibited. Refer to Article 4, Section 4.4 Table of Use Regulations on page 65 for detailed listing.

e. Density and Dimensional Regulations (*/** additional requirements noted in Dimensional Regulations Table. For complete detailed information on regulations refer to Article 5, Dimensional Regulations on page 69.)

• • • • 30 Feet
• • • • 20 feet*
• • • • 20 Feet *

• • • • .45

5) More than One Building on a Parcel

Minimum lot frontage and yard requirements are to apply to the perimeter of the Health Care Services District unless the fee owner elects to divide or subdivide land pursuant to the Subdivision Control Law, M.G.L. c.41 ss 81K et seq. Following any such division or subdivision, such minimum lot frontage and yard requirements shall apply to all property lines created thereby. The minimum lot area, maximum building coverage percentage, maximum floor area ratio and minimum open space percentage are to apply to the entire District only in the aggregate, regardless of whether or not any such division or subdivision occurs from time to time.

f. Health Care District Provisions

Areas within the Health Care Services district shall be deemed to be located within the Wireless Communications Service District. Notwithstanding any other provision of this bylaw wireless communications antenna facilities to be used solely for purposes related to the medical mission of buildings located within the Health Care Services District which antennae shall be limited in height to an elevation not more than 12 feet higher than the highest building located within the District, are to be permitted as of right, and without the need to obtain a Special Permit. In the event that any such antenna facility is to be used by third parties not associated with such medical mission, such use shall be subject to the Wireless Communications Services District provisions as set forth in Article 3, Zoning Districts, Section 3.3.5 on page 45, Subsection 3.3.5.1 of this bylaw.

In the Health Care Services District, notwithstanding any other provision of this bylaw, required off-street parking facilities may be located on any lot within the District, provided that, in the event that of any division or subdivision occurs within the District resulting in the creation of new lots, each lot in the District shall either (i) accommodate the required parking facilities associated with uses on that lot, or (ii) have the benefit of perpetual easement rights to utilize such parking facilities on other lots within the District as may be required for uses on the benefited lot. However the total number of required off-street parking spaces will continue to be based upon calculation of applicable parking requirements for each use existing from time to time on this lot and on each of the lots so benefited. In the Health Care Services District, notwithstanding any other provision of this bylaw, off-street parking facilities may be located in the required front yard, provided that parking spaces are located no closer than 30 feet from the property line adjacent to Groton Road. In the Health Care Services District, notwithstanding any other provision of this bylaw, each required car space shall not be less than nine (90)feet in width and eighteen (18) feet in length, exclusive of drives and maneuvering space. Refer to Article 6. Off Street Parking on page 73 for further information.

In the Health Care Services District, dwelling structures shall be set back from other structures, whether residential or not, a minimum of 50 feet, and at least 50% of such required setback shall be grassed, landscaped or wooded land available for active and passive recreation. Refer to Article 7 Special Development Regulations, Section 7.2, Subsection 7.2.4 on page 78 for further information.

In the Health Care District, such portions of the perimeter of the District as lie within 50 feet of any parking area constructed after the date hereof shall be landscaped with medium height shrubs planed not more than five (5) feet on center).

In the Heath Care Services District, at such time any facility is constructed after the date hereof to a height of more than three stories, those portions of each yard at any perimeter of the District which does not front on a public way shall be screened from adjacent residential districts with landscaping designed to reduce the impact of buildings, parking and other uses within the District upon such adjacent residential districts. Such landscaping shall include a screen of plantings in the center of the yard not less than three (3) feet in width and six (6) feet in height. Individual shrubs shall be planed not more than five (5) feet on center (except where a tree is planted in between, in which case the shrubs may be no more than ten (10) feet on center), and shade trees having a minimum 2-inch caliper being planted.

At least 50% of the plants and trees in the screens required under paragraph 1 and 2 hereof shall consist of evergreens. After completion, such landscaping thereafter shall be maintained by the owner of the land on which such screen is located so as to maintain a screen year-round. Completion of the landscaping requirements may be postponed for a period not to exceed six (6) months from the time of completion of the parking or building due to weather conditions. Refer to Article 9 Special Provisions, Section 9.3 on page 78 for further information.

3.3.5 Overlay Districts

3.3.5.1 Wireless Communications Services District
Approved by Attorney General July 26, 2000/May 9, 2006

In addition to the general conditions and procedures established in this Bylaw for all special permits Site Plan Review, the following additional requirements and procedures shall apply.

a. General Purpose and Description

The purpose of this section is to establish a district in which wireless communication services may be provided with minimal harm to the public health, safety, and general welfare. Specifically, the Wireless Communications Services District has been created to (a) protect the general public from hazards of structural failure associated with wireless communications facilities and (b) minimize visual impacts from Wireless communications facilities on view sheds and residential districts in Ayer. This section does not apply to satellite dishes and antennas for residential use.

b. Definitions

including personal wireless facilities, used in connection with the provision of cellular telephone services, personal communication services, paging services, radio and television broadcast services, and similar broadcast services. Telecommunications facilities do not include the following facilities which are accessory uses or structures: antenna used solely for residential household television, radio, and data reception; satellite antenna measuring 2 meters or less in diameter in business and industrial districts and satellite antenna 1 meter or less in diameter in other districts; nor amateur radio facilities actively used in accordance with the terms of any amateur radio service license issued by the Federal Communication Commission, provided that the tower is not used or licensed for any commercial use.

including free-standing towers, guyed towers, mono-poles, towers on buildings, and similar structures.

c. Description of Areas Included in the Wireless Communications Services District
The Wireless Communications Services District shall include:

d. Use Restrictions

lattice steelwork structures, or antennae affixed to existing structures, with associated antenna and/or panels. Monopoles are preferred. Satellite dishes and/or antenna may be located on existing structures or may be free-standing. Monopoles may be located on buildings.

Business District.

new tower must be designed, to the maximum extent which is practical and technologically feasible, for co-location of other telecommunications antenna, including offering space to all other telecommunication providers at market rates and provision for towers to be expanded upward. Tower space may also be offered to public safety users. New towers shall be considered only upon a finding by the Zoning Board of Appeals that existing or approved towers cannot adequately fulfill the applicant's service requirements or accommodate the wireless communications equipment contemplated by the applicant.

(1) mile to any other tower.

with co-located facilities shall be allowed an additional 20 feet for each additional provider up to a maximum of one hundred ninety (190) feet. These height limits shall not apply to towers for government telecommunications.

line than a distance equal to one hundred ten percent (110%) the vertical height of the lower, excluding satellite dishes and/or antennas attached to existing structures, measured at the mean finished grade of the facility base. The Zoning Board of Appeals may allow a shorter setback if the shorter setback provides adequate safety and esthetics, and the manufacturer or qualified licensed designer certifies that the tower is designed to collapse on itself in the event of failure.

excess of five (5) percent shall be at least one hundred and fifty (150) feet or 110% of the height of the tower, whichever is greater. Conservation Commission review and approval may be necessary.

residential neighbors, and other areas of Town shall be as limited as possible.
Generally, towers shall be a galvanized, corten, or equal, or non-rusting finish unless
otherwise required by the FAA. Towers may be required to be painted, when
appropriate, to blend in with the landscape.

and shall be compatible with the scenic character of the Town and designed to be as unobtrusive as possible.

possible, existing on-site trees and vegetation.

operator and an emergency telephone number where the owner can be reached on a twenty-four (24) hour basis; a no trespassing sign; a sign displaying the FCC registration number and, any signs required to warn of danger. All signs shall comply with the requirements of the Ayer Zoning Ordinance.

fighting and painting requirements. Towers shall not be artificially lighted except
as required by the Federal Aviation Administration (FAA).

connection with the maintenance of the facility and the site, and not to be used for the permanent storage of vehicles.

facility shall be via underground lines.

shall provide evidence of contractual authorization from the Town of Ayer to conduct wireless communications services on municipally owned property.

in height above the level of its attachment to the structure.

antenna facilities to be used solely for purposes related to the medical mission of buildings located within the Health Care Services District which antennae shall be limited in height to an elevation not more than 12 feet higher than the highest building located within the District, are to be permitted as of right, and without the need to obtain a Special Permit. In the event that any such antenna facility is to be used by third parties not associated with such medical mission, such use shall be subject to the Wireless Communications Services District provisions as set forth in Section 3.3.51 of this bylaw.

e. Submittal Requirements

require a Special Permit from the Zoning Board of Appeals and Site Plan Approval. An application for a special permit shall be filed in accordance with Article 11, Section 11.2, Subsection 11.2.1. on page 78 and shall be accompanied by 10 copies of the following information. An application for Site Plan Approval shall be accompanied by 10 copies of the following information;

(b) Location of alternate sites, if any.

(c) Color photographs, computer simulation or renditions illustrating the proposed tower with its antenna and/or panels or dishes and its location. The Zoning Board may require additional visual analysis such as, among other items, enhanced landscaping plans and line-of-site drawings. Within thirty days after filing the application for any new tower or extension in height thereto, if requested by the Zoning Board, the applicant shall arrange to fly a balloon at the site at the maximum height of the proposed installation on a weekend day between the hours of noon and 3 p.m. The balloon shall be of size and color that can be seen from every direction for a distance of one (1) mile.

(d) A certification that the applicant possesses all necessary licenses to operate such a facility and has complied with all federal and state requirements to provide the proposed service.

(e) Reports prepared by one or more registered professional engineers, which shall:

1. Demonstrate that the tower complies with applicable standards of the Federal and State governments.
2. Describe the capacity of the tower including the number and type of transmitting and receiving antennas that it can accommodate and the basis for the calculation of capacity.
3. Demonstrate that the tower and site comply with this regulations.
4. Describe the auxiliary power source, if any.

(f) A copy of the FCC registration, FCC license, and FAA opinion letter or
registration for the proposed facility and applicant .

(g) Before any new tower is approved, the applicant must demonstrate that it is not feasible to locate their antenna and facilities on an existing tower or building. Before a new tower is proposed in a residential district, the applicant must also demonstrate that it is not feasible to locate their antenna and facilities in other districts or on municipal facilities. Such demonstration studies shall include a summary of propagation studies and a plan for any network of facilities.

f. Approval

1) A Special Permit shall be granted by the Zoning Board of Appeals in accordance with the Massachusetts General Law and Article 11, Section 11.2, Subsection 11.2.1. on page 78 of this bylaw. The Planning Board may require submission of alternative screens or camouflaging. Any extension, addition of cells, antennas or panels, construction of a new facility, or replacement of a facility, shall be subject to a new application for an amendment to the Special Permit.

2) A Site Plan shall be approved by the Planning Board in accordance with this bylaw.

g. Conditions of Use

standards of the American National Standards Institutes (ANSI) and the National Council for Radiation Protection (NCRP), whichever are stricter.

Communications Commission (FCC) designated frequencies and power levels, and the applicant shall provide certification that the allowable frequencies are not deviated from, and power levels will not be exceeded. Certification shall include technical specifications, an explanation of those specifications, and, if necessary, field verification.

have not been used for one (1) year shall be dismantled and removed at the owner's expense.

Any paint and finish must be annually maintained and repaired when the blemishes are visible from the property line. Annual inspection and maintenance reports for the tower and site shall be filed with the Zoning Enforcement Officer.

h. Performance Guarantees

after consultation at the expense of the Applicant with one (1) or more insurance companies shall be in force to cover damage from the structure and other site liabilities. Annual proof of said insurance shall be filed with the Town Clerk.

and tower in an amount approved by the Zoning Board.

insure that facilities which have not been used for one year, are removed.

the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the Zoning Enforcement Officer by the Special Permit holder at the operator's expense.


3.3.5.2 Flood Plain District
Approved by Attorney General December 10, 1999.

a. Purpose

The purposes of the Flood Plain District are to protect the public health safety and general welfare to protect human life and property from the hazards of periodic flooding to preserve the natural flood control characteristics and the flood storage capacity of the Flood Plain and to preserve and maintain the groundwater table and recharge areas within the flood plain.
b. District Delineation.

The general boundaries of the Flood Plain District are shown on the Ayer Flood Insurance Rate Map (FIRM) dated July 19, 1982 as Zones A, A 1-30 to indicate the 100 year flood plain. The exact boundaries of the District are defined by the 100 year water surface elevations shown on the FIRM and further defined by the Flood Profiles contained on the Flood Insurance Study dated July 19, 1982. The floodway boundaries are delineated on the Ayer Flood Boundary Floodway Map (FIRM) dated July 19, 1982, and further defined by the Floodways Data Tables contained in the Flood Insurance Study. These two maps as well as the accompanying Study are incorporated herein by reference and are on file with the Town Clerk, Planning Board and Building Inspector.

Within Zone A where the 100 year flood elevation is not provided on the FIRM the developer/applicant shall obtain any existing flood evaluation data and that shall be reviewed by the Building Inspector. If the data is sufficiently detailed and accurate it shall be relied upon to require compliance with this By-law and the State Building Code.

The Flood Plain District is established as an overlay district to all other districts. All development 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 the requirements of the Massachusetts State Building Code pertaining to construction in the flood plains (currently Section 744.)
c. Permitted Uses

obstruct flood flows shall be allowed provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:

d. Special Permits.

constructed, substantially improved, or otherwise created or moved; and no earth or other materials shall be dumped, filled, excavated, or transferred, without a special permit from the Zoning Board of Appeals. Said Board may issue a special permit hereunder (subject to other applicable provisions of this By-law) if the application complies with the following provisions:

underlying District and;

improvements to existing structures and other development are
prohibited unless certification by a registered professional engineer is
provided by the applicant demonstrating that encroachment shall not
result in any increase in flood levels during the occurrence of the 100
year flood and;

e. Board of Appeals Rules and Regulations.

Should the Board of Appeals consider a petition for a variance from the regulations set forth in the Flood Plain District of the Zoning By-law, the following procedures will be adhered to:

1) The Board of Appeals shall only issue a variance upon;

(a) a showing of good and sufficient cause, and;

(b) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and;

(c) a determination that the granting of a variance will not result in increased flood heights, additional heights, additional threats to public safety, or extraordinary public expenses; and that it will not create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws, and .;

(d) a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.

2) Variances may be issued for structures to be erected on a lot of one half acre
or less in size, if otherwise permitted by law, contiguous to and surrounded by lots
with existing structures constructed below the base flood level.

3) A variance shall not be used within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.

4) If a variance is granted, the Board of Appeals shall notify the applicant in
writing over their signature that:

(a) the issuance of such variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and ;

5) The Board of Appeals will maintain a record of all variance actions, including
Justification for their issuance and report such variances issued in the Annual Report
submitted to the Federal Insurance Administration.

6) Variances may be issued for the reconstruction, rehabilitation, or restoration
of structures listed on the National Register of Historic Places or on State Inventory of
Historic Places, without regard to the procedures set forth above.

3.3.5.3 AQUIFER PROTECTION DISTRICT BYLAW
Approved by Attorney General December 10, 1999

a. Purpose of District

The purpose of this Aquifer protection district is to:

adequate quality and quantity of water for the residents, institutions, and businesses of the Town of Ayer;

b. Scope of Authority

The Aquifer protection district is an overlay district superimposed on the zoning districts. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings, change of use and new or expanded uses. Applicable activities or uses in a portion of one of the underlying zoning districts which fall within the Aquifer protection district must additionally comply with the requirements of this district. Uses prohibited in the underlying zoning districts shall not be permitted in the Aquifer protection district.

c. Definitions

For the purposes of this section, the following terms are defined below:
Aquifer: Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water. Aquifer protection district: The zoning district defined to overlay other zoning districts in the Town of Ayer. The aquifer protection district may include specifically designated recharge areas. Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil. Mining: The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock. Potential Drinking Water Sources: Areas which could provide significant potable water in the future. Recharge areas: Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II, Zone III or Interim Wellhead Protection Areas.
Zone I: The DEP approved protective 400 foot radius surrounding a public water
supply well that must be owned by the water supplier or controlled through a recorded conservation restriction.

Zone II: The area of an aquifer which contributes water to a well under the most severe recharge and pumping conditions that can be realistically anticipated (180 days of pumping safe yield with no recharge from precipitation), as defined in 310 CMR 22.00.

Zone III: The land area beyond the Zone II from which surface and groundwater drain into the Zone II, as defined in 310 CMR 22.00.

Interim Wellhead Protection Area (IWPA): For public water systems using wells or wellfields that lack a DEP-approved Zone II, DEP will apply an IWPA, which
is defined as the one-half mile radius measured from the well or wellfield for sources whose approved pumping rate is 100,000 gpd or greater.

Special Permit Granting Authority (SPGA): The Special Permit Granting Authority under this bylaw shall be the Board of Health.

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 discharges to land or water in the Town of Ayer. 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 (M.G.L.) Chapter (c.) 21C and 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.

d. Establishment and Delineation of Aquifer Protection District

The Aquifer Protection District is herein established to include all land mapped as a designated Zone II area surrounding a public water supply well, and certified by the Massachusetts Department of Environmental Protection or Interim Wellhead Protection Areas. The Aquifer Protection District shall be shown on a map at a scale of 1 inches to 800 feet, to be entitled “Aquifer Protection District” dated April 1999, which shall be considered to be superimposed over other zoning districts. This map, as it may be amended from time to time, shall be on file in the offices of the Town Clerk, Building Inspector and Planning Board, and with any explanatory material thereon, is hereby made a part of this zoning bylaw. The Town reserves the right to extend the provisions of this zoning bylaw to any future potential water supply sources.

e. District Boundary Disputes

Where the bounds of the Aquifer Protection District, as delineated on the Aquifer Protection District map, are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located. A special permit, in accordance with the provisions of section g. of this zoning bylaw, may be granted to allow relief from the requirements of the Aquifer Protection District, subject to a finding by the Special Permit Granting Authority (SPGA) that the property in question in accordance with this paragraph is not located within a Zone II. If the applicant wishes to pursue the dispute regarding the boundaries, then at the discretion of the Town, the Town may engage a professional engineer (civil or sanitary), hydrogeologist or soil scientist to determine more accurately the locations and extent of an aquifer or recharge area and shall charge the owner(s) for all of the cost of the investigation. The district boundary is defined by hydrogeologic research, testing and field analysis; therefore, a professional engineer, hydrogeologist, or soil scientist may define or redefine the boundary. For disputes which may arise related to Zone II areas, the determination of the location and extent of the 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 and approved by DEP.

f. Use Regulations

In the Aquifer Protection District the following regulations shall apply:

Permitted Uses

The following uses are permitted within the Aquifer Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

legally permitted;

boards, and other water control, supply and conservation devices;

Section f. Use Regulations – prohibited uses and special permitted uses.

residential and commercial/industrial development, subject to Section f. Use Regulations – prohibited uses and special permitted uses.

subject to Section f. Use Regulations – prohibited uses and special permitted uses.

related facilities such as, but not limited to, wells, pipelines, aqueducts, tunnels, filtration plants, municipal water and wastewater pumping stations, and water storage facilities.

Prohibited Uses

The following uses, including anything that is not expressly permitted under Section f. Use Regulations permitted and special permitted uses of this bylaw, shall be deemed to be prohibited:

CMR 32.30 and 310 CMR 32.31;

subject to M.G.L. c. 21C and 310 CMR 30.00 including but not limited to metal plating, chemical manufacturing, wood carving, furniture stripping, dry cleaning and auto body shops, except for the following;

structure;

surface waters; provided that such storage listed in items is in freestanding containers within buildings or above ground with secondary containment adequate to contain a spill the size of the container’s total storage capacity;

station or terminal is in compliance with 527 CMR 9.00 at the time of the passage of this by-law, including but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual and any subsequent amendments thereto.

calcium chloride; unless stored in a building;

chloride, chemically treated abrasive or other chemicals used for the removal of snow or ice on roads which has been removed from highways and street located outside of Zone II.

specifications of the United State Soil Conservation Service;

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, or utility works;

CMR 4.00, except:

result in a design capacity greater than the design capacity of the existing treatment works;

system(s) that will not result in a design capacity greater than the design capacity of the existing system(s);

of contaminated groundwater;

problems when it has been demonstrated to the Department of Environmental Protection’s and the Special Permit Granting Authority’s satisfaction both that these problems are attributable to current septic problems and that there will be a net improvement in water quality.

128, Sec. 64;

not limited to, methylene chloride and 1-1-1 trichlorethane.

CMR 15.00 to receive more than 110 gallons of sewage per quarter acre under one ownership per day or 440 gallons of sewage on any one acre under one ownership per day, whichever is greater provided that:

in design capacity over the original design, or the design capacity of 310 CMR 15.00, whichever is greater, shall be exempted;

based on the number of percable lots in the entire parcel;

liquefied petroleum gas, unless all requirements for secondary containment specified in 310 CMR 30.693 and the Town of Ayer’s 1985 Underground Storage Tank Bylaw are met. The local enforcement authority is the Ayer Fire Department, as specified in Massachusetts State Law (527 CMR 9.00).

wastes, except such laboratories associated with a medical group or office consisting of less than three (3) doctors.

process areas or hazardous material and/or hazardous waste storage areas, which discharge to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the state plumbing code, 248 CMR 2.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies.

Uses and Activities Requiring a Special Permit

The following uses and activities are permitted only upon the issuance of a Special Permit by the Special Permit Granting Authority (SPGA) under such conditions as they may require:

Protection District;

quantities greater than those associated with normal household use, unless previously permitted to do so, and the activity is in full compliance with state regulations at the time of the passage of this by-law, permitted in the underlying zoning (except as prohibited under Section f. Use Regulations –prohibited uses). Such activities shall require a special permit to prevent contamination of groundwater;

and rodenticides, for non-domestic or non-agricultural uses in accordance with state and federal standards. The special permit shall be granted if such standards are met. If applicable, the applicant should provide documentation of compliance with a Yearly Operation Plan (YOP) for vegetation management operations under 333 CMR 11.00 or a Department of Food and Agriculture approved Pesticide Management Plan or Integrated Pest Management (IPM) program under 333 CMR 12.00;

applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition, and sedimentation;

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;

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 storm water infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all non-residential uses, all such basins and wells shall be preceded by oil, grease, and sedimentation traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.

g. Procedures for Issuance Special Permit

Health. Such special permit shall be granted if the SPGA determines, with the consent of the Conservation Commission, and the Town Engineer/Department of Public Works and Planning Board that the intent of this bylaw, as well as its specific criteria are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite and credible information to support positive findings in relation to the standards given in this section.

be drawn at a proper scale as determined by the SPGA and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent:

materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, Fire Chief, and Board of Health. The plan shall include:

copy to the Planning Board, the Conservation Commission, and Town Engineer/Department of Public Works for their written recommendations. Failure to respond in writing within 35 days of receipt by the Board shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant. One (1) copy of the application materials must be transmitted to and retained by the Town Clerk for viewing by the public during office hours.

use meets the following standards, those specified in Section f. of this bylaw, and any regulations adopted by the SPGA. The proposed use must:

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 Sec. 11. The decision of the SPGA and any extension, modification, or renewal thereof shall be filed with the SPGA and Town Clerk within 90 days following the closing of the public hearing. Failure of the SPGA 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 k.

by the Board of Health 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 Building Inspector, the Board of Health, Conservation Commission and Town Engineer/Department of Public Works. The cost of containment, clean up or other action of compliance shall be borne by the owner and operator of the premises.

h. Special Requirements and Restrictions

The following special requirements and restrictions shall apply to the Aquifer Protection District:

mechanism to restrict unauthorized public access to the site.

public highway safety requirements.

permitted without the approval of the Town of Ayer Conservation Commission, Board of Health, Board of Selectmen, and Superintendent of Public Works. Withdrawals exceeding 100,000 gallons per day will be required to obtain approval from the Commonwealth of Massachusetts Department of Environmental Protection.
The proponent requesting permission to withdraw more than 25,000 gallons per day
must reimburse the Town of Ayer for consultants and/or engineers and/or any services deemed necessary by any of the Town’s Boards or Agencies to determine if the usage would be detrimental to the water quality and quantity.

development within the Zone II must be serviced by the municipal sewage systems. In residential A-1 not served by the municipal sewer system, a single family dwelling unit may be constructed on a lot within the district and within a residential zone provided that said lot within has a minimum lot size of 20,000 sq. ft. for a single family dwelling unit and an additional 20,000 sq. ft. for each conversion dwelling unit. If said lot is connected to municipal sewage, then the original zoning requirements may be followed. The Zoning Board of Appeals (ZBA) may grant a Special Permit within Zone II area for the particular area . In an area not served by municipal sewage, an existing and conforming business or industry may continue to operate and expand until such time as municipal sewage is available at their site, provided that the Town of Ayer Board of Health and the Nashoba Associated Boards of Health regulations are met for on-site sanitary sewage disposal.

business or industry, that business or industry must connect to the municipal sewage system with a two (2) year period from the time the Town accepts the sewage system.

i. Non-conforming Use

Non-conforming uses which were lawfully existing, begun or in receipt of a building or special permit, prior to the first publication of notice of public hearing for this Bylaw may be continued. Such non-conforming uses may be changed, extended or altered, as specified in M.G.L. c. 40a, s 6 provided that there is a finding by the ZBA that such change, extension or alteration does not increase the danger of groundwater pollution from such use and that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming use.

j. Enforcement

The enforcement agent shall be the Board of Health. For situations that require remedial action to prevent adverse impact to the water resources, within the Aquifer protection district, the Town of Ayer, the Building Inspector, the Board of Health, or any of their agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Ayer, the Building Inspector, the Board of Health, or any of 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 remediation cost shall be the responsibility of the owner and operator of the premises.

k. Violation Fee Schedule

receive a cease and desist order from the enforcement officer delineating the violations. The property owner will be given twenty-one (21) days from the time the notice is served in which to comply with this cease and desist order.

desist order, a fine of Three Hundred Dollars ($300.00) per day will be assessed upon the owner until such time as the violation has been corrected.

l. Reciprocity

Any Zone II delineation and/or Interim Wellhead Protection Zone which has been approved by the Massachusetts Department of Environmental Protection Water Supply Division under MGL Chapter 40A for municipal wells serving abutting communities which are located in part or in whole within the Town of Ayer’s jurisdiction will be protected under this Bylaw with the same restrictions as the Town of Ayer’s protection zones, provided, that the abutting town adopts a Water Protection District Bylaw which will include as part of it the Town of Ayer’s DEP approved Zone II and/or Interim Wellhead Protection Zone, which is located in part or in whole within the jurisdiction of the abutting community, take any action thereon or in relation thereto.

m. Severability

A determination that any portion of provision of this overlay protection district is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.

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