Town Bylaws Town Seal
BY-LAWS AND ZONING

of the

TOWN OF NEW BRAINTREE, MASSACHUSETTS

March 30, 1970
as amended 1973, 1977, 1978, 1980, 1981, 1987, 2008, 2009

Also local Options Statutes
Accepted and Rejected

Reprinted 2010


 

CHAPTER I
General Provisions

SECTION 1

     The following provisions together with By-Laws previously approved shall constitute the General By-Laws of the Town of New Braintree, Massachusetts.

SECTION 2

     Words and phrases specifying or naming any officer, board, or committee of the Town, shall be construed as including the lawful successor, or the person or persons having the powers and performing the duties of such officer, board or committee.

SECTION 3

     Whoever violates any of the provisions of these By-Laws whereby any act or thing is enjoined or prohibits, shall, unless other provision is expressly made, forfeit and pay a penalty not exceeding fifty dollars per day for each offense.  Fines shall begin to accrue two weeks after notification of a violation of the by-laws.

SECTION 4

     Any or all of these By-Laws may be repealed or amended or other By-Laws may be adopted at any Town Meeting, any article or articles for that purpose having been inserted in the warrant for such meeting by the Select Board.

 

CHAPTER II
Town Meetings

SECTION 1

     The Annual Town Meeting shall be held on the first Monday of May (Amended 11-9-73) of each year.  The polls shall be opened at 12 o’clock noon on that date, and shall remain open until 8 o’clock in the evening for the purpose of election of Town Officers and for voting upon such other matters as may be voted on the official ballot.  The annual meeting for the consideration of all other business shall be held on the third Monday in June at 7:00 in the evening.  Special Town Meetings shall be slated to start at 7:00 in the evening.  (Amended July 27, 1993)

SECTION 2

     Notice of every Town Meeting shall be given by posting attested copies of the Warrant thereof in at least three public places in Town, not less than fourteen days (Amended 5-18-81) before the day fixed for such Town Meeting.

SECTION 3

     At least four days before the day fixed in the Warrant for the Annual Town Meeting, the Select Board shall make available to voters copies of the Annual Town Report.

SECTION 4

     The number of voters necessary to constitute a quorum at the Annual Town Meeting shall be fifty (50) voters, except that part of the meeting devoted to the election of officers when a quorum shall not be necessary.  At a Special Town Meeting the quorum required shall be twenty (20) voters.  (Amended July 27, 1993)

SECTION 5

     Articles of the Warrant shall be acted upon in the order in which they appear unless otherwise determined by vote of the Meeting.

SECTION 6

     Any motion, if required by the Moderator or Town Clerk, shall be presented in writing.

SECTION 7

     If a motion is susceptible to division, it shall be divided and the question shall be put separately upon each part thereof, if seven voters so request.

SECTION 8

     There shall be no more than two amendments to a motion.

SECTION 9

     When a question is put, the sense of the meeting shall be determined by the voices of the voters and the Moderator shall declare the vote as it appears to him/her.  If the Moderator is unable to decide the vote by the sound of the voices, or if his/her decision is immediately questioned by three or more voters rising in their places for that purpose, he/she shall determine the vote by ordering a show of hands and he/she may appoint tellers to make and return the count.

SECTION 10

     The meeting may order that the vote on any motion shall be taken by a “Yes” or “No” ballot if seven people request it by standing in place.

SECTION 11

     There shall be no second reconsideration of a vote once reconsidered, and when reconsideration shall have once been refused by the meeting, the Moderator shall refuse to entertain any motion for further reconsideration.

SECTION 12

     No motion, the effect of which would be to dissolve the meeting shall be in order until every article in the Warrant thereof has been duly considered and acted upon, but this shall not preclude the postponement of consideration of any article or articles to an adjournment of the meeting at a stated time and place.

SECTION 13

     All committees shall report as directed by the Town.  If no report is made within one year after its appointment, a committee shall be discharged unless, in the meantime, the Town shall have granted an extension of time.

SECTION 14

     No person, not a voter of the Town, shall address a town meeting without consent of the meeting.  Non-voters shall sit in an area designated by the Moderator.

SECTION 15

     At all town meetings, the Moderator shall designate a part or parts of the Town Hall which shall be reserved for qualified voters and other persons having official business with the meeting only, and no vote, other than by ballot, shall be received by the meeting from any qualified voter in any other parts of the Town Hall.

SECTION 16

     Except as specifically provided by law or as otherwise specified herein, all meetings shall be conducted under rules of Parliamentary Law contained in “Town Meeting Time” so far as they pertain to Town Meetings.

 

CHAPTER III
Town Officers

SECTION 1

     The Select Board shall be agents of the Town to institute, prosecute, and defend claims, actions and proceedings to which the Town is a party or in which the interests of the Town are or may be involved, and may appoint counsel to advise and represent the Town, Officers, Boards and Departments of the Town in any legal matters.

SECTION 2

     The Select Board shall cause each Town Officer and Department Head under its control having custody of Town property to keep a true inventory thereof on file, and each officer and department head shall deliver a copy of said inventory to the Select Board at least annually.

SECTION 3

     The Select Board shall cause a book of the Town’s “Valuation and Taxes” to be printed at least once every three years.

SECTION 4

     Any Town Officer and board having charge of Town property or material not required for Town purposes may sell the same with the approval of the Select Board, to a value not in excess of $500, proceeds to be deposited in the general fund.

SECTION 5

     Any Town Board or Officer having a reason to post any public hearing which also includes notices pertaining to the filling of vacancies to elected and appointed Town Office, will do so with a posted notice in at least 3 public places including the Town Clerk’s office not less than seven (7) days before the date for such meeting. (Amended May 9, 1988)

 

CHAPTER IV
Removal of Topsoil, Loam, Sand or Gravel

SECTION 1

C. All special permits shall comply with the Gravel Permit regulations in effect at the time the special permit is issued.

SECTION 2

     No such permit shall be issued until an application thereof is filed with thePlanning Board and a public hearing is held thereon.  The Date, Time and Place of such hearing shall be posted in three public places in the Town at least fourteen days before the date of the hearing, and all abutters shall be notified by certified mail.  (Amended 5-18-81)

SECTION 3

     The PlanningBoard as a condition of granting approval may require that the party removing any of the above materials from the property shall leave the property in a condition conforming with the specifications of the PlanningBoard and may require that a bond or deposit be furnished in an amount to be determined by the Board in order to insure compliance with said specifications.

SECTION 4

 Fines for violations of this chapter shall be not less than Ten Dollars ($10) per cubic yard or as established by the Select Board.

 

CHAPTER V
Gas Inspector

SECTION 1

     The Select Board shall annually, during the month of June, appoint one inspector of gas piping and gas appliances in buildings, whose duties shall be the enforcement of rules and regulations adopted by the Gas Regulatory Board established under Section 12H of Chapter 25 of the General Laws as amended.  (Appointments in accordance to Chapter 142, Section 11 Amended 5-18-81).

 

CHAPTER VI
Streets and Roadways

SECTION 1

     Petitioners for a new street shall, in all cases, pay for the cost of surveying and laying out the same; and all petitions for the laying out of a new street shall be accompanied by a deposit sufficient in the estimation of the PlanningBoard to pay the cost of such surveying and laying out of the street.  No street shall be accepted by the Town without meeting specifications of Chapter 90 of the General Laws.

SECTION 2

     (Amendment 5-12-80)  No person shall build or construct any connection between any private property in the Town of New Braintree and any public road in the Town without first obtaining a permit from the Zoning Enforcement Officer and the Highway Superintendent.

 

CHAPTER VII
Traffic Regulations

SECTION 1

     The Select Board shall from time to time establish and publish, by publication in a newspaper, rules and regulations for the control of traffic, speed and parking of vehicles, subject to approval by appropriate state agencies, where required by law, and shall see to their enforcement by the Police Department.

 

CHAPTER VIII
Unregistered Motor Vehicles

SECTION 1

     No more than one (1) unregistered motor vehicle, other than farm vehicles, shall be kept on any premises in the town unless they are stored within a building or out of sight of the street or road or any abutting property; or they are located in an area licensed under Chapter 140, of the General Laws as amended.  Each day in which more than one unregistered vehicle is kept on any premises in the Town in violation of this By-Law shall be a separate offense; the penalty for violation of this By-Law shall not be less than twenty (20) dollars per day.  Any person who fails to remove any such motor vehicle within ten (10) days after having received written notice from the Select Board shall be held in violation of this section.

 

 

CHAPTER IX
Zoning By-Law - New Braintree, MA

SECTION 1 - PURPOSE AND GENERAL REGULATIONS

A. PURPOSE

This Zoning By-Law is adopted by the Town of New Braintree to promote the health, safety, convenience and general welfare of its inhabitants, to protect the community,  to encourage the most appropriate use of land and to promote sound growth.  The use of land and the construction, alteration, size, location and use of buildings and structures are hereby regulated as provided under the authority of Chapter 40A of the General Laws of the Commonwealth of Massachusetts.

B. BASIC REQUIREMENTS

Any building or structure hereafter erected, reconstructed, enlarged or moved, or any use of land in the Town of New Braintree shall conform to the provisions of this Zoning By-Law as set forth below.  Uses not specifically listed as being allowed by right or by special permit within the Town are prohibited.  A lot or parcel of land having an area or frontage of lesser amount than is required under Section IV Dimensional Requirements may be used for a one-family dwelling provided it was shown on a plan or described in a deed duly recorded or registered at the time of the adoption of this By-Law on March 30, 1970, or is otherwise exempted under the provisions of Chapter 40A of the General Laws.

C. NON-CONFORMING USES

The lawful use of any building, structure or land existing at the time of the adoption or subsequent amendment of this By-Law may be continued although such building, structure or use of land does not conform to the provisions of the By-Law, except that:

1.  A non-conforming use shall not be increased or expanded nor shall any major alterations be made except on permit from the Board of Appeals.

2.  A non-conforming use which has been discontinued for one year or more shall not be re-established and all future use shall conform to this By-Law.

3.  A non-conforming use or building which has been damaged or destroyed by fire or other accidental cause may be repaired, rebuilt, or replaced and used as before provided such restoration is started within one year from the date of suchdamage or destruction and does not exceed the footprint and height of the original non-conforming use or building.

 

SECTION 2 - ESTABLISHMENT OF A ZONING DISTRICT AND USE REGULATIONS:

A. ZONING DISTRICT

The entire Town of New Braintree is hereby designated as the Agricultural and Rural - Residential District.

B. USES ALLOWED BY RIGHT 

1.  Single, detached one family dwelling.

2.  Two-Family dwelling provided that floor area, lot size, water supply and sewage disposal requirements can be met.

3.  Farm, orchard, greenhouse, tree nursery, truck garden or wood lot whether operated for private or commercial purposes.  The retail sale of agricultural or horticultural products may be included with any of the above uses provided the major portion of the products for sale has been raised on the premises.

4.  Governmental, Educational, Religious or other non-profit institutional use.

5.  Private School, Nursery School or Kindergarten.

6.  Accessory uses shall be permitted as follows, provided that they are customarily incidental to a permitted main use on the same premises and are not detrimental to a residential neighborhood.  Except as indicated below, there shall be no exterior indication of the accessory use, no exterior display of merchandise, no set retail space, and no established store hours.  No more than two persons who are not living on the premises are to be employed and no exterior alterations shall be made which will change the residential appearance of the dwelling.

a.  Use of space in a dwelling for a customary home occupation such as dressmaking, laundering, baking, small repair shop, or office or studio (or similar use) provided such use is maintained by
resident occupants and provided such activity is clearly secondary to the use of the premises for dwelling purposes.

b.  Use of property in connection with his trade by a resident carpenter, contractor, electrician, painter, plumber or other artisan provided that no manufacturing or assembly work requiring substantially continuous employment shall be carried on and provided that all storage of materials, supplies or equipment shall be within the principal building or within suitable accessory buildings.

c.  Renting or providing rooms to lodgers, boarders or tourists provided that no separate cooking facilities are maintained, and provided that no more than three rooms are rented or provided.  Accommodations shall be limited to a total of six persons in addition to the resident family.

d.  Pool provided it is used only by the residents of the premises and their guests, and provided that no portion of the water area shall be closer than 25 feet to any property line and provided that the pool is securely fenced as required per Massachusetts Building Code. 

C. USES ALLOWED BY SPECIAL PERMIT

By the Board of Appeals, by special permit after a public hearing and subject to appropriate regulations, if determined to be neither offensive nor detrimental to the neighborhood:

1. Retail activity operated by residents of the premises in a dwelling or accessory building.  No more thantwo persons who are not residents in the dwelling maybe regularly employed therein.  Except for an accessory sign and for appropriate off-street parking facilities, no external change may be made in the residential appearance of the buildings or the lot.  A small repair shop for radios, TV sets, electrical appliances or similar items, or limited facilities for the repair of automobiles may be set up under the stipulations set forth in this section provided that all such repairs and necessary storage shall take place in a suitable building which is consistent with the scale and architecture of the neighborhood.

2. Private Club not conducted for profit.

3. Waterfront or beach area for swimming or related activities when used for commercial purposes.

4. Nursing home, Mental Health Treatment Facilities, Orphanage or similar use.

5. (Amended June 18, 2001) Telephone exchange or other communications facility, natural gas or electric power facility, bus station or other public utility or carrier use, except for wireless communications facilities, including commercial broadcasting facilities, which are governed by the Zoning By-Law, Section 7.

6. Medical or dental center.

7. Commercial Kennel or Veterinary Hospital.

8. Barber or Beauty Shop.

9. Golf course or Golf Driving Range, Riding Stable, Cemetery, Airport, Camp for Children or Adults, Ski or Snowmobile Area.

10. Motel or restaurant in which all food is served on the premises.  Appropriate off-street parking facilities, suitably surfaced, shall be provided.

11. Conversion of a dwelling, existing at the time of the adoption of this by-law into a two-family dwelling provided that floor area, lot size, water supply and sewage disposal requirements can be met.

12. Use of private lands, ponds and streams for rental or lease to individuals or organizations for purposes of hunting, fishing, nature study or similar purposes provided that 50 or more acres are available for such use.  Minimum lot, yard and building requirements shall apply to all structures erected therein.

13. Commercial camping or recreation area of 75 acres or more, under single ownership, for cabins, tents, camper units or trailers, for seasonal or part-time occupancy only.  Under the provisions of this section the sites, facilities or buildings which are used or occupied for a maximum of 180 days during any 12-month period for recreational purposes shall not be subject to the lot area and yard requirements which pertain to other residential use.  Except for supervisory or maintenance personnel, no recreation unit, building or site shall be occupied on a permanent basis.  Any such recreational use of land or buildings shall be subject to the granting of an appropriate permit by the Board of Health (under the provisions of Sections 32A-D of Chapter 140 of the General Laws) prior to the public hearing before the Board of Appeals.  A Site plan showing all camping and tenting areas, trailer or building sites, water supply and sanitary facilities must be filed with the Board of Health and with the Board of Appeals and it must be displayed at the public hearing.

 

SECTION 3 - SPECIAL REGULATIONS:

A. SIGNS ARE PERMITTED AS FOLLOWS

1. One sign for each family residing on the premises indicating the name of the premises and the name of the owner or occupant provided such sign does not exceed eight square feet in area.

2. One sign, not exceeding eightsquare feet in area, for a permitted accessory use located on the premises.

3. Two signs, neither of which shall exceed eight square feet in area, indicating the sale of agricultural or horticultural products provided that the signs are only displayed during seasons in which such produce is for sale.

4. Temporary signs pertaining to the construction, lease or sale of the premises provided such signs do not exceed 16 square feet in total area.

5. Signs, announcements or bulletin boards not exceeding 16 square feet in area in connection with public, charitable or religious uses.

6. Signs for commercial activities allowed by the Board of Appeals shall not exceed 20 square feet in total area for any retail business or consumer service nor more than 40 square feet in total area for any light industrial use.

7. Signs for motels or restaurants shall not exceed 20 square feet in total area.

8. Directional or identification signs are allowed as a special exception where such signs will serve the public convenience and not be detrimental to the neighborhood with respect to location or design not toexceed eight square feet.  Signs must be removed promptly after advertised use ceases.

9. Signs are not to be affixed to Town-owned trees.

B. SPECIAL SIGN RESTRICTIONS

1. No sign or advertising device shall incorporate motion or be lighted by a change in light intensity.

2. Illumination of signs or other advertising devices shall be of a shielded or indirect nature only.

C. PARKING REQUIREMENTS

Under this By-Law it is intended that suitable off-street parking spaces shall be provided to meet the anticipated needs of all persons using buildings erected after the zoning By-Law becomes effective or where new uses of land are initiated.  In granting permits under the zoning By-Law the Zoning Enforcement Officer shall ascertain that all necessary provisions for parking have been made on the premises.

D. LOTS ON INSTITUTIONAL PROPERTY

The Board of Appeals may grant a special exception to allow a reduction in lot and yard sizes below the requirements stated in this By-Law if the dwellings on those lots are served by a suitable water supply and sewage disposal system provided by the institution.

E. HOUSE NUMBERS ARE REQUIRED

House numbers are required with a minimum height of four-inch numbers of contrasting colors.  The numbers must be visible from the street in both directions.

SECTION 4 - DIMENSIONAL REQUIREMENT - (Amended 6-25-07)

     Each dwelling or structure hereafter erected or placed on land within the Town shall be on a lot with a minimum area of at least 135,000 square feet. The minimum lot frontage shall be at least 250 contiguous feet measured along the street line.  On corner lots, frontage shall be measured on only one street unless the angle between the two intersecting streets is greater than 135 degrees.  The front yard shall be at least 50 feet measured from the street line and there shall be side and rear yards of at least 30 feet between any building or structure except fences and the lot line.  On corner lots the front yard minimum applies to all buildings on each street. 

            (Amended 5-18-81) Before a building permit is issued, the application shall be circulated to the following boards for examination and approval:  Select Board, Conservation Com-mission, Planning Board, Highway Superintendent, Fire Chief and Board of Health.

 

SECTION 5 - ENFORCEMENT AND ADMINISTRATION

A. ENFORCEMENT

This Zoning By-Law shall be enforced by the Zoning Enforcement Officer.  No building or structure shall be erected, altered or moved and no major use of land or of a building shall be commenced or changed unless a zoning permit has been issued by the Zoning Enforcement Officer.  With each application for a permit to build, alter or change in use, there shall be filed with the Zoning Enforcement Officera plan showing the lot and the location of the buildings or proposed building thereon.  A surveyed plan may be required. Any person violating any provision of the By-Law may be fined not more than Three Hundred ($300.00) Dollars for each offense.  Each day that such violation continues shall constitute a separate offense.  Notice of such offense shall be delivered by Zoning Enforcement Officer with the fines levied bythe Select Board.

B. BOARD OF APPEALS

There is hereby established a Board of Appeals of three regular members and two associate members to be appointed by the Select Board, as provided in Chapter 40A of the General Laws, which shall act on all matters within its jurisdiction as provided in Chapter 40A:

1.  APPEALS:  To hear and decide an appeal taken by any person aggrieved by reason of his or her inability to obtain a permit from any administrative official under the provisions of Chapter 40A of the General Laws, or by any officer or Board of the Town or by any person aggrieved by
any decision of the Select Board or other administrative official on violation of any provisions of Chapter 40A of the General Laws or of this Zoning By-Law.

2.  SPECIAL PERMIT:  To grant a special permit as previously provided in this By-Law, when it is found that the use not be detrimental to the neighborhood. Special permits require a public hearing.

3.  VARIANCES:  To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular piece of land or to an existing building thereon, a variance from the terms of the applicable portions of the Zoning By-Law where, owing to conditions especially affecting such parcel or such building but not affecting generally the area in which it is located, a literal enforcement of the provisions of the By-Law would involve substantial hardship, financial or otherwise to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-Law but not otherwise.

4.  Applications for special permits and variances shall be submitted to and reviewed by the Zoning Enforcement Officer, Select Board, Conservation Commission, Planning Board, Highway Superintendent, Fire Chief, and Board of Health.

5.  Special permits and variances shall not take effect unless recorded with the Registry of Deeds.  Special permits and variances expire in two years if not acted upon within two years of the date of final action by the Board of Appeals.

C. AMENDMENT

This By-Law may be amended from time to time at an annual or special town meeting as provided in Section 5 of Chapter 40A of the General Laws.

SECTION 6 - DEFINITIONS

     In this By-Law certain terms shall have the meanings indicated below:

A. ACCESSORY USE OR BUILDING

A use or building which is customarily incidental or subordinate to the principal use or building.

B. BUILDING

Any roofed structure, permanently located on a foundation on the land, used for housing or enclosing persons, animals or materials.

C. DWELLING, ONE FAMILY

A building designed for and occupied by no more than one family.

D. DWELLING, TWO-FAMILY

A building designed for or converted for occupancy by no more than two families living in separate dwelling units.

E. FAMILY

One or more persons (including necessary domestic employees) residing in a single dwelling unit. 

F. FARM

A tract of land devoted primarily to agricultural or horticultural use.  Includes necessary personnel, structures, buildings, animals and equipment but not residential or commercial structures other than those directly related to farm operation.

G. HABITABLE FLOOR AREA

As defined in the State Department of Public Health’s minimum standards of fitness for human habitation; in brief, those heated areas used daily for living, eating, cooking and sleeping but excluding garages, circulation areas, closets and other storage areas or space in a basement in which more than one half (1/2) of the height measured from the floor to the finished ceiling is below the average grade of the adjoining ground.

H. LIGHT MANUFACTURING

Fabrication, processing, packaging, or assembly operation employing only electric or other generally noiseless and inoffensive motor power, utilizing hand labor or quiet machinery and processes, and free from agents such as odors, gas fumes, smoke, cinders, flashing or excessively bright lights, refuse matter, electro-magnetic radiation, heat or vibration.

I. LOT

A tract of land under separate ownership, occupied or intended to be occupied by a dwelling or other principal building and the structures and areas adjacent to such use, having frontage on a street and defined by metes and bounds in a deed or shown on a plan recorded in the Registry of Deeds.  Maximum slope on improved portions shall not exceed 3:1.  Slopes in excess of 3:1 shall require a stamped engineered plan.

J. SIGN

Any permanent or temporary exterior structure, device, letter, word, display, pennant, insignia or trade flag which is used as an announcement, direction or advertisement and which is visible from any public street or from abutting property.

K. STREET

A public way, or a private way shown on an approved plan of a sub-division, which affords the principal means of vehicular access to abutting property and which, as defined, includes the entire right of way.  If no right of way has been established it shall be deemed to extend 25 feet on each side of the center line of the traveled way and parallel thereto.

L. STRUCTURE

A combination of materials assembled at a fixed location to give support or shelter or for other purposes.  Shall include a building, framework, swimming pool, shed, platform, fence over six feet, tower or similar object.

M. TRAILER OR MOBILE HOME

A moveable or portable housing unit fortemporary occupancy built on a chassis and originally designed to be independent of a permanent foundation.

N. VARIANCE

An exception which may be allowed by the Board of Appeals in the case of an individual property owner where strict endorsement of the conditions of this By-Law would create unusual hardship because of conditions which are unique to that lot or to existing or future buildings on said lot.

O. YARD, FRONT

Front yard shall mean a space extending for the full width of the lot between the front line of the nearest building wall and the street line, which street is determined by a certified plot plan done by a certified surveyor.

 

SECTION 7 – WIRELESS COMMUNICATIONS FACILITIES (Adopted June 18, 2001)

A. INTENT

This section contains specific requirements and restrictions to guide the development of wireless communications facilities in the Town of New Braintree.  The requirements are intended to provide maximum wireless communications coverage as mandated by Section 704 of the Telecommunications Acts of 1996 while protecting the general welfare and aesthetic integrity of the Town of New Braintree.  It is the intent of this section to provide for the establishment and/or expansion of cellular telephone, mobile radio, and personal communication and similar systems within the Town of New Braintree while providing for the protection of people and property and minimizing the adverse visual and operational effects of Wireless Telecommunications Facilities through careful siting, design, and screening.  The Town of New Braintree has adopted this bylaw to:

B. DEFINITIONS

Wireless Communication Facility – structures and devises designed to facilitate cellular telephone service, personal communications services, and enhanced specialized mobile radio services as defined in Section 704 of the Federal Telecommunications Act of 1996.  Also included are such facilities for any commercial broadcasting.  Included are towers, antennae mounted on towers, other structures on the ground, and accessory structures such as buildings, sheds, junction panels and other items required for facility operations.

Not included in this definition are antennae and dishes used solely for residential television and radio reception and amateur radio facilities used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission provided the tower is not used for commerce.

C. SITE SELECTION PREFERENCES

These regulations are written to indicate the Town of New Braintree preferences for facility locations.  The following describes, in descending order, the Town’s preferences for wireless communication facility sites.

1.  On existing structures such as buildings, communications towers, smokestacks, utility structures and other like existing facilities and structures.

2. On government or educational institution structures.

3. On new towers away from land areas suitable for residential use.

4. On land not suitable for agricultural purposes.

5. On new towers in visually unobtrusive locations.

D. SPECIAL PERMIT REQUIRIED

  1. Wireless Communications Facilities may be installed in the Town of New Braintree only upon issuance of a Special Permit.  Special Permits for such installations may be issued subject to the restrictions herein and such conditions as the Board of Appeals may deem advisable.  Extension, addition or other modifications to wireless communication facilities shall be subject to the issuance of a new Special Permit except where the original Special Permit has allowed for co-location as provided for in subsection E.3.
  1. The Applicant shall pay for the services of an independent professionally qualified consultant in the field of radio frequency engineering to be selected by the Board of Appeals to evaluate an application and to advise the Board of Appeals on technical issues.

E. USE RESTRICTIONS

1.  All Wireless Communication Facilities shall be subject to the following restrictions:

a.  Facilities shall be sited in such a manner that the view of the facility shall be as limited as possible.  Priority shall be given to concealment from residential areas and roads.  Towers shall be painted or otherwise screened to minimize their visibility.

b.  Sites shall be planted and maintained with vegetation consistent with the surroundings.  Sites shall be maintained in a clean, neat way and shall not be used for storage of any material or waste.

c.  Facilities shall be protected against unauthorized access.  Fencing shall be compatible with scenic character of the neighborhood.  The use of razor wire is prohibited.

d.  No facility shall include signs or devices for advertising except that every facility shall have a sign identifying the facility and shall include a telephone number for contact with the entity responsible for operations.

e.  Except as required by the Federal Aviation Administration, facilities shall not be artificially lighted.

f.  No facility shall be erected, maintained or operated in any way which may pose a hazard to persons or property in the Town of New Braintree. 

 

2.  Wireless Communication Facilities other than a tower shall include all facilities, in whole or in part, mounted on, erected on, or supported on an existing or new building or structure (such as water towers, steeples, silos, etc.) or on the ground.  Such facilities include panels and antennae.  Such facilities also include buildings and other structures which house equipment associated with commercial wireless communications.  The following restrictions apply to Wireless Communication Facilities other than a tower:

a.  Installation on existing buildings shall be camouflaged or screened and designed to be harmonious and architecturally consistent with the building.  Equipment associated with the facility shall be located within the building or otherwise concealed as to be not observable from the outside.

b.     Any element of the facility may project up to ten feet above the existing roof line of the building or up to five feet out from the plane of an existing wall or façade to which it is adjacent, provided such projections shall not violate yard or setback dimensional requirements.

c.   Building mounted facilities shall be designed and located to appear an integral part of the architecture of the building.

 

3.  Wireless Communications Facility towers shall include all monopole and lattice tower facilities or other wireless communications structures that rise more than forty feet above the ground.  The following restrictions shall apply to such facilities.

a.  To the extent feasible, all service providers shall co-locate on a single tower.  Towers shall be structurally designed to accommodate the maximum number of foreseeable users within a ten-year period.

b.  New towers shall be permitted only upon a finding by the permitting authority that existing or permitted towers cannot accommodate the wireless equipment planned for the proposed tower.

c.  The base of the tower shall be a distance at least equal to the tower’s height from any property line of the parcel on which the tower is sited.

F.CESSATION OF USE AND OBSOLESCENCE

1.  Wireless Communication Facilities that have not been used for one year shall be deemed to be abandoned.  Within six months of the abandonment, the wireless communications facility shall be dismantled and removed at the expense of the party to whom the Special Permit is issued.  The site shall be restored to its condition at the time of the original issuance of the Special Permit at the expense of the permit holder.

2.  The petitioner for a Special Permit shall post a bond or other form of financial security suitable to the Treasurer, with the Town Treasurer in an amount sufficient to cover the cost of demolition, removal, and disposal of the wireless communication facility and the restoration of the site.  Such bond or other instrument shall be increased annually at the rate of increase in the Consumer Price Index for Worcester County.

3.  Any Special Permit issued under this Section shall include a condition stating the above requirement and further stating that, in accepting the Special Permit the Applicant and Owner grant the Town permission to enter the property for the purpose of removing an abandoned or discontinued facility.  An Occupancy Permit will not be granted unless the Applicant and the owner of the land upon which the facility will be located provide a signed written statement to the Building Inspector granting the Town permission to enter the property and remove an abandoned or discontinued facility.

G.SUBMITTAL REQUIREMENTS

In addition to the general Special Permit requirements, the following items and information are required to be submitted as part of an application under this section:

1.  A report by a professional engineer describing the general design and capacity of the proposed installation.  The report shall include:

a.  A site plan (or plans) showing the property boundaries of the parcel on which the facility is to be located.  The plan shall show the location of and identify each component of the facility.

b.  A physical description of each of the components including buildings, tower, fence, roadways, existing vegetation, ground contours, drainage.  The physical description shall include outside dimensions, material, color, and lighting.

c.  A description of the electronic components including frequency, modulations, and class of service.

d.  Copies of all applicable permits required for this installation and a certificate of compliance with the terms and provisions of the license issued for the purpose of the installation by the Federal Communications Commission.

2.  A site justification study which contains a description of other sites considered and the criteria and process used to eliminate other potential sites.  This study shall include an evaluation of the feasibility of attaching the wireless communications components to existing structures.

3.  A plan for a “balloon” or similar test designed to demonstrate the height and visibility of elements rising over forty feet above the ground.  This plan shall include notice
of the date and time and a rain date and time, suitable to include in the legal notice and notice to abutters.

4.  A statement from the Applicant indicating how the proposal meets each item of subparagraph A. Intent.

H.        SEVERABILITY CLAUSE

If any provision of this By-law is invalidated, such invalidation shall not invalidate any other provision.

 

CHAPTER X
Public Safety

SECTION 1 - DIVING FROM BRIDGES PROHIBITED

     It shall be unlawful for any person to dive or jump from any bridge located within a public right-of-way into a stream or waterway within the Town of New Braintree.  This shall not prevent any person from entering the water from any bridge for the purpose of emergency rescue.  Any person violating this By-Law is subject to arrest and prosecution with a fine of $25.00 for each offense.  (Adopted October 19, 1993)

SECTION 2 – ILLEGAL DUMPING

     No person, on any public or private property in the Town of New Braintree, shall deposit, drop or throw upon such public or private property and suffer to remain there, any filth, rubbish or refuse unless it is deposited and dropped or thrown into a receptacle provided for the purpose or unless such activity is pursuant to a lawful permit or license issued by the Town or the Commonwealth of Massachusetts.

 

CHAPTER XI
ANIMAL CONTROL BYLAW

Notwithstanding the provision of Section 138 and 139, Chapter 140 of the Massachusetts General Laws or any other provisions to the contrary, the Town of New Braintree adopts the following By-Laws. 
Definitions and Regulations

Section 1

A. Animal Control Regulations – Livestock/Fowl

The owner of livestock/fowl shall maintain the following facilities to confine animals:  An enclosure, with a restraining device, for the safe and humane restraint of individual animals; and permanent fencing of sufficient strength to prevent or discourage animals from going over, under, or through the barrier.

Owners shall have a legal, enforceable duty to fence in their animals on their property.  Owners who intentionally, knowingly, or negligently permit their animals or livestock to run at large or stray upon the public roads are liable for any resulting injuries or property damage and may be charged with a misdemeanor at the discretion of the attending police officer.

B. The following words and phrases used in this By-Law, unless the context otherwise requires, shall have the following meanings:

Domestic Animals – For the purpose of this By-Law the following animals will be considered domestic animals:

      Cats, dogs, rabbits, guinea pigs, mice, hamsters, ferrets, gerbils, fish, reptiles, horses, llamas, birds (not to include chickens, turkeys and birds of prey).

Farm Animals – All non-domestic animals shall be considered Farm Animals.

Field Trial – The use of a dog for hunting or gaming purposes.

Keeper – A person other than the owner, harboring or having in his/her possession any animal.

Person – Includes:  Corporations, Societies, Associations, Individuals and Partnerships.

Public Nuisance – An animal, whether licensed or unlicensed, owned or kept in the Town of New
Braintree, which:

 Section 2 - Prohibition

 Section 3 - Enforcement

            The Animal Control Officer or Assistant Animal Control Officer shall enforce the provisions of the bylaw and to that end the ACO shall have authority to seek complaints in the District Court for violations thereof.  The ACO shall investigate complaints of alleged violations of this bylaw.  The ACO shall also apprehend any animal found by the ACO to be a public nuisance and impound such animal in a suitable place or order the owner or keeper thereof to restrain it.

Section 4 - Procedure Following Impoundment

NOTICE TO OWNER OR KEEPER

The Animal Control Officer shall immediately notify the owner or keeper of any animal impounded by the ACO under the provisions of this By-Law if such owner or keeper is known by the ACO.  If such owner or keeper is not known by the ACO, no notice shall be necessary.

The owner or keeper of any animal impounded under the provisions of this By-Law is responsible for the following costs:

Any animal which has been impounded under the provisions of this By-Law and has not been redeemed by its owner or keeper within ten (10) days shall be put up for adoption or disposed of.  Dogs shall be disposed of in accordance with the provisions of Massachusetts General Laws, Section 151A, Chapter 140, as amended.

Section 5 - Handling of Receipts

            The Animal Control Officer shall keep an account of all money received by the ACO under the provisions of this By-Law and shall forthwith pay over such monies to the Town Treasurer.  The ACO shall file with the Town Auditor a monthly statement of all fees/fines collected during the preceding month.

Section 6 - Fines and Penalties

            Each day in which a violation of this By-Law is permitted to continue shall be deemed a separate offense.

            Any person violating the provisions of this By-Law shall be liable to a fine in accordance with the following schedule of fines:  If it is the first offense committed by such person within a calendar year, the fine shall be Twenty-five Dollars ($25.00); if it is the second offense so committed in the Town in the calendar year, the fine shall be Fifty Dollars ($50.00); and if it is the third or subsequent offense so committed in the Town in the calendar year, the fine shall be One Hundred Dollars ($100.00).

Section 7 - Licensing

The licensing year will run from January 1 to December 31 of each year.

All dogs over six months (6) of age in the Town of New Braintree shall be licensed with the Town Clerk no later than April 1st of each year or the owner will be assessed a late fee.  To be eligible for a license, the owner must provide proof of rabies’ vaccination.  To be eligible for the neutered license fee, the owner must provide proof that the dog has been spayed or neutered.  Initial license for kennels of more than ten (10) dogs must have a hearing before the Select Board.  If, after the initial hearing and subsequent license is issued, there is a lapse in licensing, the process must be repeated.  This includes a hearing before the Select Board.

Unlicensed Dogs

The owner of any dog found without a current license shall be subject to a fine of Twenty-five Dollars ($25.00).

 

CHAPTER XII
Right to Farm By-Law

Section 1 - Legislative Purpose and Intent

This General By-law encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town of New Braintree by allowing agricultural uses and related activities to function with minimal conflict with abutters and town agencies.  This By-Law shall apply to all jurisdictional areas within the Town.

The purpose and intent of this By-Law is to state with emphasis the Right to Farm accorded to all citizens of the Commonwealth under Article 97 of the Constitution and all state statutes and regulations there under including but not limited to Massachusetts General Laws, Chapter 40A, Section 3, Paragraph 1; Chapter 90, Section 9, Chapter 111, Section 125A and Chapter 128, Section 1A.  We the citizens of New Braintree restate and republish these rights pursuant to the Town’s authority conferred by Article 89 of the Articles of Amendment of the Massachusetts Constitution (“Home Rule Amendment”).  This By-Law does not supersede local, state or federal laws or regulations.

Section 2 - Definitions

The word “farm” shall include any parcel or contiguous parcels of land or water bodies used for the primary purpose of private or commercial agriculture or accessory thereto.

The words “farming” or “agriculture” or their derivatives shall include but not be limited to the following:

“Farming” shall encompass activities including, but not limited to the following:

Section 3 - Right to Farm Declaration

            The Right to Farm is hereby recognized to exist with the Town of New Braintree.  The above-described agricultural activities may occur on holidays, weekdays and weekends, by night or day, and shall include the attendant incidental noise, odors, dust and fumes associated with generally accepted agricultural practices.  It is hereby determined that whatever impact may be caused to others through the normal practice of agriculture is more than offset by the benefits of farming to the neighborhood, community and society in general.  The benefits and protections of this By-Law are intended to apply exclusively to those commercial agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices.  Moreover, nothing in this Right to Farm By-Law shall be deemed as acquiring any land, or as imposing any land use regulation, which is properly the subject of state statute, regulation or zoning law.

Section 4 - Disclosure Notification

            In order to ensure that prospective owners and prospective tenants are aware of the policy of the Town of New Braintree expressed in this By-Law regarding agricultural uses, the following notification of this policy shall be prominently posted in the Town Hall within Thirty (30) days of this By-Law becoming effective.  Copies will also be made available for distribution.

“This notification is to inform persons and entities who are about to acquire or lease real property within the Town of New Braintree that it is the policy of the Town of New Braintree to conserve, protect and encourage the maintenance and improvement of the agricultural land, for the production of food and other agricultural products and for the preservation of its natural and ecological value.  This notification is to further inform such owners and entities that farming activities, including the raising and keeping of livestock, take place in the Town of New Braintree and that such activities may cause or create noise, dust and odors which adversely impact or are incompatible with the use of or enjoyment of property within the Town, including the property about to be acquired or leased.”

Property owners should make efforts to inform prospective tenants or buyers that New Braintree is a Right to Farm community.  In addition, the notification language required by this section shall appear annually in the Town’s Annual Report.

Section 5 - Resolution of Disputes

            Any person who seeks to complain about the operation of a farm may, notwithstanding pursuing other available remedies, file a grievance with the Select Board, the Zoning Enforcement Officer, or the Board of Health, depending upon the nature of the grievance.  The filing of the grievance does not suspend the time within which to pursue any other available remedies that the aggrieved may have.  The Zoning Enforcement Officer or Select Board may forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the referring Town authority within an agreed-upon time frame.

The Board of Health, except in cases of imminent danger or public health risk, may forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the Board of Health within an agreed-upon time frame.

Section 6 - Severability Clause

            If any part of this By-Law is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this By-Law.  The Town of New Braintree hereby declares the provision of this By-Law to be severable, or take any other action relative thereto.

Sponsor:  Select Board
Vote:  Majority

 

CHAPTER XIII
Enforcement

CRIMINAL COMPLAINT

     Whoever violates any provision of these By-Laws may be penalized by indictment or on complaint brought in the district court.  Except as otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation, or offense, brought in such manner, shall be ($300.00)Three Hundred Dollars.   Each day that the violation exists shall be a separate offense.

NON-CRIMINAL DISPOSITION

     Whoever violates any provision of these Bylaws, the violation of which is subject to a specific penalty by a non-criminal disposition as provided in General Laws, Chapter 40, Section 21D.  The non-criminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board or department which is subject to a specific penalty.

     Without intending to limit the generality of the foregoing, it is the intention of this provision that the following By-Laws and sections of By-Laws are to be included within the scope of this subsection, that the specific penalties as listed here shall apply in such cases and that in addition to police officers, who shall in all cases be considered enforcing persons for the purpose of this provision, the municipal personnel listed for each section if any, shall also be enforcing persons for such sections.  Each day on which any violation exists shall be deemed to be a separate offense.

GENERAL BY-LAWS

Chapter I - GENERAL PROVISIONS
Zoning Enforcement Officer      Fine $50.00

Chapter VI – STREETS AND ROADWAYS

Excavation of a highway or driveway without a permit
Zoning Enforcement Officer      Fine $50.00

Failure to comply with the requirements of a
driveway permit
Zoning Enforcement Officer      Fine $50.00

Chapter VIII - UNREGISTERED MOTOR VEHICLES

Zoning Enforcement Officer      Fine $20.00

Chapter IX - ZONING REGULATIONS

Zoning Enforcement Officer      Fine $50.00

Chapter X - PUBLIC SAFETY

Section 1:
Diving off Bridges Prohibited
Police Department enforcing agent        Fine $25.00

Section 2:
Illegal Dumping
Zoning Enforcement Officer      Fine $50.00

Chapter XI - ANIMAL CONTROL

Animal Control Officer/Police Department
Enforcing Agent Fine $25.00
Second Offense $50.00
Third and subsequent Offenses $100.00