This week during an interview with some local residents about a proposed specialty cinema at the MarketStreet Lynnfield site, town resident Wallace McKenzie noted that a movie theater is one of 14 uses not currently permitted for the site under town zoning law.
Always more intrigued by the things you aren't supposed to do, I was eager to take a closer look at Lynnfield's Planned Village Development District Bylaw from 2007, long before any of the construction work got underway.
The following is from the text of the bylaw:
9.5.6 Prohibited uses or activities in the PVDD. All uses not expressly allowed are prohibited. The following uses are expressly prohibited:
1. Landfills, open dumps, or the disposal of solid wastes, other than brush or stumps.
2. Storage of liquid petroleum products, except for the following:
(a) Normal household use, outdoor maintenance and heating of a structure;
(b) Waste oil retention facilities required by statute, rule or regulation;
(c) Emergency generators; fuel (including ultra low sulfur diesel fuel) stored where feasible;
(d) Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters; provided that storage listed in items (a) through (c) above is in free-standing containers within buildings or above ground with secondary containment adequate to contain a spill the size of the container’s total storage capacity; and (e) Sales to consumers in enclosed containers.
3. The construction or operation of a commercial, industrial or business property that involves in any way the burning or use of diesel fuel or involves the regular use and operation of vehicles using or burning diesel fuel (“diesel burning site”).
4. The disposal of liquid or leachable wastes, except for normal sanitary wastes for allowed uses and a wastewater treatment plant approved under applicable law.
5. The landfilling or storage of sludge or septage. Except where storage of sludge or septage is incidental to an allowed use, in which case sludge or septage must be contained in water-tight containers at least 4 feet above the historical high groundwater table elevation.
6. The use of septic system cleaners which contain toxic organic chemicals.
7. Commercial or industrial uses which discharge process wastewater on-site which contains contaminants other than normal organic wastes.
8. The mining of land except as incidental to an allowed use.
9. Facilities that generate, treat, store or dispose of hazardous waste subject to
G.L., c. 21C and 310 CMR 30.00, except the following:
(a) Very small quantity generators as defined under 310CMR 30.00;
(b) Household hazardous waste collection centers and events under 310
(c) Waste oil retention facilities required by G.L., c. 21, Section 52A;
(d) Water remediation treatment works approved under 314 CMR 5.00.
10. Storage of liquid hazardous materials as defined in G.L., c. 21E unless in a freestanding container within a building or above ground with secondary containment adequate to contain a spill the size of the container’s total storage capacity.
11. Automotive service and repair shops, automobile graveyards, junk and salvage yards; small engine repair, repair of boats.
12. The storage of animal manure, unless such storage is covered or contained.
13. The storage of commercial fertilizers, soil conditioners, herbicides, or pesticides unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.