SECTION 2. USE DISTRICTS
2.1 Types of Districts
For the purpose of this By-Law the Town of Ashburnham is hereby divided into the following districts:
R-A Residential
R-B Residential
B Business
V-C Village Center
I Industrial
W Wetland and Watershed Protection
WSP Water Supply Protection (Overlay) District
F Flood Plain District
LI-A Light Industrial
LI-B Light Industrial
G-B Green Business
The Village Center is intended to foster appropriate reuse of existing structures and new construction within the downtown area in harmony with the historic character and dense development pattern of the downtown.
The Water Supply Protection District is an overlay district encompassing all lands within the Town of Ashburnham, lying within the watershed of the Upper Naukeag Lake Reservoir, which now provides public water supply. This overlay district is superimposed on the zoning districts and shall apply to all new construction, reconstruction, or expansion of existing buildings and/or expanded uses. Applicable activities or uses which fall within the Water Supply Protection District must comply with the requirements of this district as well as with the underlying zoning. All regulations of the Town of Ashburnham Zoning By-Laws shall remain in effect.
The LI-A and LI-B Light Industrial districts shall include light manufacturing, retail, business, and office as allowed in the Schedule of Use Regulations. The purpose of this district is to provide areas for industrial and commercial uses in an open setting that will not have objectionable influences on adjacent residential and commercial districts and are not dangerous by reason of fire or explosion, nor injurious or detrimental to the neighborhood by reason of dust, odor, fumes, wastes, smoke, glare, noise, vibration or other noxious or objectionable feature as measured at the nearest property line.
The Green Business is intended to foster businesses that will support tourism and passive and outdoor recreation while preserving the natural beauty and ecological significance of the area.
2.2 Location of Districts
2.21 Districts R-A, R-B, B, V-C, I, G-B, LI-A, LI-B, W and WSP are located and bounded as shown on a map entitled “Zoning Map of Ashburnham, Massachusetts”, dated March 2004, and on file as subsequently amended in the offices of the Town Clerk and the Zoning Enforcement Officer.
G-B: Route 119 from the Ashby town line to the New Hampshire state line 2000 feet on either side of the road, excluding the existing business district already designated at Route 119 and Route 101, as depicted on the map referenced above.
LI-A: Light industrial use from South Pleasant Street to the Gardner line on the south side of Route 101 and southwest of the railroad bed on the north side of Route 101 overlaying the already established industrial zone, but excluding any residentially zoned parcels in this area, as depicted on the zoning map.
LI-B: Light industrial use along Route 12, starting 1000 feet beyond Hunter Avenue on the north side of Route 12 and continuing along Route 12 to the Winchendon town line and on the south side of Route 12 as depicted on the map referenced above.
The Village Center District is the area described as follows:
South of Main Street: The area bounded by Pleasant Street, Puffer/Academy Street, Maple Avenue and Main Street; Main Street from Lawrence Street to Corey Hill Road 300 feet on either side of the road; Main Street from Maple Avenue to River Styx Road 300 feet on either side of the road.
North of Main Street: The area bounded by Lawrence Street, Park Street, Memorial Drive and Main Street; Water Street from Main Street to Cotton Mill Dam 300 feet on either side of the road.
2.22 The WSP District is located and bounded as shown on a map entitled “Watershed Boundary for Public Water Supply”, Ashburnham, MA prepared by the Office of the Planning Coordinator, City of Fitchburg, for the Montachusett Regional Planning Commission, dated November, 1992, and on file with in the offices of the Town Clerk, Zoning Enforcement Officer and the Water Department in the Town of Ashburnham.
2.23 The Flood Plain District is hereby established as on overlay district. The underlying permitted uses are allowed provided that they meet the Flood Plain District additional requirements as well as those contained in the Massachusetts State Building Code dealing with construction in flood plains. The Flood Plain District includes all special flood hazard areas designated as Zone A, A1-19 on the Ashburnham Flood Insurance Rate Maps (FIRM) and the Flood Boundary and Floodway Maps dated June 15, 1984 on file with the Town Clerk, Planning Board and Building Inspector. Where the above maps are inadequate for the detail required, detailed Flood Plain plans shall be prepared by a registered professional engineer with costs to be borne by the applicant. These maps, as well as the
accompanying Flood Insurance Study of Ashburnham are incorporated herein by reference.
2.24 The Zoning Map, Water Supply Protection, Watershed Boundary Map, Flood Insurance Rate Maps, and Flood Boundary and Flood Maps, with all explanatory matter thereon, are hereby made part of this By-Law.
2.25 Boundary Identification
a. Where a boundary is shown as following a street, railroad, or utility, the boundary shall be the center line thereof, unless otherwise indicated.
b. Where a boundary is shown outside of a street, railroad, or utility and approximately parallel thereto, the boundary shall be deemed parallel to the nearest line thereof, and the figure placed on the zoning map between the boundary and such line shall be the distance in feet between them, as measured at a right angle from such line unless otherwise indicated.
c. Where a boundary is shown as following a watercourse, the boundary shall coincide with the center line thereof as said line existed at the date of the Zoning Map.
d. Where a boundary shall include a numerical figure followed by the letters, M.S.L., it is at that number of feet above Mean Sea Level. The basic source for determining such a line shall be the United Stated Geological Survey as interpreted by the Zoning Enforcement Officer or subsequent field surveys.
e. Where the location of a boundary is otherwise uncertain, the Zoning Enforcement shall determine its position in accordance with the distance in feet from other lines or bounds as given on the Town of Ashburnham Zoning Map and good engineering practice. Where the bounds of the Water Supply Protection District, as referenced in Section 2.22, are in doubt or dispute, the burden of proof shall be upon the owner(s) of the land in question, who may engage a registered professional engineer/professional registered land surveyor to determine more accurately the location and extent of watershed lands. The boundary final determination to be made by the Zoning Enforcement Officer. Any and all fees shall be at the owners expense.
f. Where a district boundary other than a Wetland and Watershed Protection District boundary divides a lot, a use permitted as a matter of right or by exception in the less restricted district may be extended not more than fifty (50) feet into the more restricted portion of the lot.
g. The Water Supply Protection District is herein established to include all lands within the Town of Ashburnham, lying within the watershed of the Upper Naukeag Lake reservoir, which now provides public water supply. The map entitle “Water Supply Protection District, Town of Ashburnham,” on file with the Town Clerk and Water Commission, delineates the boundaries of the district
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