Town of Boxford, MA Article V Use Regulations

§ 196-13 R-A Residence-Agricultural District.

[Amended 5-12-1980 ATM, Art. 38; 5-20-1980 ATM, Art. 37; 5-12-1981 ATM, Art. 32; 5-18-1981 ATM, Art. 33; 5-12-1982 ATM, Art. 32; 5-12-1982 ATM, Art. 33; 5-14-1986 ATM, Art. 34; 5-18-1988 ATM, Art. 48; 5-18-1988 ATM, Art. 50; 5-17-1989 ATM, Art. 41; 5-11-1999 ATM, Art. 33; 5-11-1999 ATM, Art. 34; 5-11-2004 ATM, Art. 28; 5-11-2004 ATM, Art. 29; 5-10-2005 ATM, Art. 26; 5-9-2006 ATM, Art. 34; 5-8-2007 ATM, Art. 13; 5-13-2008 ATM, Art. 20; 5-12-2009 ATM, Art. 17; 5-13-2014 ATM, Art. 24; 5-14-2024 ATM by Art. 19; 5-13-2025 ATM by Art. 22]

A. A Residence-Agricultural District is intended as a district of single-family homes and for continuance of agricultural and accessory buildings customarily incidental for residential and agricultural uses upon one lot.

B. Permitted uses. The following shall be permitted uses in the R-A Residence-Agricultural District:

(1) One single-family detached dwelling which shall have adequate access (which need not be used for a driveway) from the frontage to the dwelling site. Every driveway shall be located entirely within the lot that it serves and shall not serve another lot except as provided in Subsection B(11)(l) of this section.

(2) Gardens; growing and storing fruits, berries, vegetables, hay, fodder and ensilage; orchards, wood lots and forestry; and greenhouse, nursery and similar activities in the field of agriculture.

(3) Raising and keeping of farm animals and poultry for use of residents on the property and primarily not for profit, with barns, stables, chicken houses and similar buildings; on parcels of five acres or more, commercial greenhouses, the raising or keeping of horses, cattle, pigs, rabbits, fur-bearing animals or poultry for profit or other than for the use of the occupants of the residence.

(4) Rooming or boarding house with not over four lodgers.

(5) Church, parish house, religious or denominational school, not conducted for profit, and other religious uses exempted from prohibition by law.

(6) Public schools, museums, libraries and parks, playgrounds, conservation areas, water supply areas or land owned and operated for the public enjoyment or service by a public or semipublic agency, and other educational uses exempted from prohibition by law.

(7) Private golf courses, community clubs (not including miniature golf).

(8) Customary home or professional occupation conducted in a dwelling or building accessory thereto by a person residing on the premises, provided that:

(a) Such use is clearly incidental and secondary to the use of the premises for residential purposes.

(b) Not more than two persons other than residents of the premises are regularly employed thereon in connection with such use.

(c) No offensive noise, vibration, smoke, dust, fumes, odors, heat, glare or unsightliness or unsafe condition is produced.

(d) There is no public display of goods or wares and there are no signs except as permitted in § 196-27.

(e) There is no exterior storage of material or equipment (including the parking of more than two commercial vehicles) and no other exterior indication of such use or variation from the residential character of the premises.

(9) Accessory uses customarily incidental to any main permitted use on the same premises, and including but not limited to private garages and to activities associated with agriculture, such as barns, stables and other farm buildings.

(10) Signs as provided in § 196-27.

(11) Subject to the grant of a special permit by the Board of Appeals as provided in Article X below, the following:

(a) Maintenance of commercial dog kennels, provided that no structure or operations are involved which are not in keeping with the residential character of the Town, all structures and operations are substantially screened from view with evergreen trees, shrubs, similar vegetation, fences or other means and no offensive noise, odors, unsightliness or unsafe condition is produced.

(b) Signs and displays concerning the products and goods raised or processed on the premises and not exceeding 12 square feet in total area.

(c) Dump operated by the Town for the exclusive use of the inhabitants of the Town subject to Board of Health regulations.[1]

[1] Editor's Note: See Division 2 of the Code.

(d) The taking of more than four lodgers.

(e) Private school, cemetery, hospital, clinic, sanitarium nursing home, camps of an educational or charitable institution.

(f) Use of land for a public utility.

(g) Community club or golf club conducted for profit.

(h) Garage space for more than three automobiles.

(i) Recreation and amusement enterprises, including rental of saddle horses or boats, sale of bait, ski-tow and similar activities.

(j) Earth excavation, as provided in Article VII.

(k) Certain accessory uses related to permitted scientific research or development, provided that the granting authority also finds that the proposed accessory use does not substantially derogate from the public good.

(l) A shared driveway that serves up to three lots and shall only be located on one or more of the lots being served. Every such shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land and satisfactory to Town Counsel. The Board of Appeals shall impose such conditions, to be made part of the special permit, as are necessary to provide adequate access, including conditions that assign responsibility for maintenance and snow removal.

C. Accessory apartments in residence districts.

(1) Purpose and intent. It is the specific intent of this section to allow accessory apartments, including kitchens, within single-family properties in Residence-Agricultural Districts for the purpose of meeting the special housing needs of grandparents, parents, brothers and sisters, children and their respective spouses of families of owner-occupants of properties in the Town of Boxford, subject to the granting of a special permit by the Board of Appeals as provided in Article X. To achieve this goal and to promote the other objectives of this bylaw, specific standards are set forth below for such accessory apartment uses.

(2) Owner occupancy required. The owner(s) of the single-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises. The special permit shall be issued to the owner of the dwelling units on the property. Should there be a change in ownership or if the owner of record no longer occupies one of the dwelling units the special permit and the certificate of occupancy for the accessory apartment shall become null and void. A new owner may continue the special permit if the new owner submits within 90 days of acquiring ownership to the Inspector of Buildings a certification that (a) there will be no change in the approved plan of the accessory apartment, as referred to in the original special permit decision, and (b), the name(s) of the new owners and/or occupants. Upon receipt of said certification, the Inspector of Buildings shall inspect the accessory apartment. If the Inspector of Buildings finds the accessory apartment use is consistent with the original special permit decision and that there are no changes to the approved special permits plans, the Inspector of Buildings shall endorse the certification, and the original special permit shall continue in full force and effect.

(3) Apartment requirements.

(a) The gross floor area for an accessory apartment shall not exceed the lesser of:

[1] One thousand five hundred square feet; or

[2] Twenty-five percent of gross floor area of the sum total of the two dwelling units, as determined at the time of the special permit request.

[a] "Gross floor area" shall be defined as the sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls. This includes finished portions of basements and excludes garages.

[b] "Gross floor area for the primary dwelling unit" shall be defined as the sum of the horizontal areas of floors of a building measured from the exterior surface of exterior walls and the exterior face of common walls.

[c] "Gross floor area for the accessory apartment" unit shall be defined as the sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls and the interior face of common walls.

[d] Common walls are those shared by the primary and accessory dwelling units. Walls shared by primary or accessory dwelling units and garage spaces shall be considered exterior walls. All conditioned living spaces of either dwelling unit shall be included in the respective dwelling unit's gross floor area, except garage spaces.

(b) The accessory apartment shall be connected by a common door, and separated from the main dwelling unit in a manner which maintains the appearance of the building as a single-family dwelling. Said connection shall not be maintained through a garage or unheated space.

(c) There shall be no more than two bedrooms in an accessory apartment.

(d) The accessory apartment shall be limited to a maximum occupancy of four persons.

(e) Section 196-13B(4) shall not apply to this section.

(f) All stairways to additional stories shall be enclosed within the exterior walls of the structure.

(4) Code compliance. The accessory apartment must be determined to comply with current safety, health and construction requirements before occupancy and at every change in occupancy. A building permit shall not issue until there is compliance with said standards.

(5) Preservation of single-family characteristics. The accessory apartment shall not change the single-family characteristic of the dwelling, except for the provision of an additional access or egress.

(6) Existing detached structures may continue to be used for the same purposes subject to special conditions imposed by the Board of Appeals.

(7) There shall be no more than one accessory apartment for a total of two dwelling units permitted per lot.

(8) Current apartment uses, effective date this bylaw, may be continued only as long as the present occupants of the accessory apartment remain in residence.

(9) Under no circumstances shall the accessory apartment be detached from the main dwelling unit.

D. Accessory Affordable Housing Program.

(1) Introduction. The purpose of this bylaw is to satisfy an immediate need for affordable rental property in the Town of Boxford that meets the guidelines of the Department of Housing and Community Development's ("DHCD") Local Initiative Program for so-called "local action units," pursuant to state regulations: 760 CMR 45.03. This bylaw also provides a means of renting of accessory apartments that are no longer used for family members, as defined in § 196-13C of this Zoning Bylaw. For a proposed unit to be eligible for consideration under this Accessory Affordable Housing Program, it must be a single unit, accessory to an owner-occupied single-family dwelling, and comply with the following requirements.

(2) Special permit. A special permit from the Board of Appeals shall be required for an accessory affordable apartment and the applicant shall show to the satisfaction of the Board of Appeals that the applicant has complied with or will comply with the requirements set forth in Subsection D(3), below.

(3) Eligibility of accessory affordable apartments.

(a) The accessory affordable apartment must be part of the primary residence structure of the property owner, and the primary living area of the residence may not be rented. The accessory affordable apartment must conform to the Boxford Code § 196-13C, Accessory apartments in residence districts, Subsection C(2) through (7). All parking for the accessory apartment must be on site and off street.

(b) In keeping with the rural character of Boxford and the original intent of the accessory apartments, only single-bedroom accessory affordable apartments may be rented, and maximum occupancy shall be of two adults.

(c) The owner must demonstrate that all the documentation is on file with the Town to show that the accessory affordable apartment meets the requirements of § 196-13C(2) through (7).

(d) The owner(s) shall cooperate with all requirements for local action units pursuant to state regulation.

(e) A condition of granting a special permit by the Board of Appeals shall be the execution by the owner(s) of a written regulatory agreement and declaration of restrictive covenants, in form approved by Boxford Town Counsel, with the Town detailing the terms and conditions stated herein. Said regulatory agreement and declaration of restrictive covenants shall further provide that, for as long as the special permit remains in effect, the property shall be subject to the terms, conditions and restrictive covenants contained therein.

(f) Said regulatory agreement with the Town shall provide that, upon receipt by the owner(s) of a special permit from the Board of Appeals, the owner(s) shall execute and record in the Essex South District Registry of Deeds or file with the Registry District of the Land Court forthwith said regulatory agreement and declaration of covenants.

(g) The special permit issued under this § 196-13D and all associated liabilities shall be binding on all the executors, administrators, heirs, successors and assigns of the permittee unless and until the special permit is either revoked, lapses or is otherwise ruled invalid.

(h) The owner(s) shall agree that if the owner(s) receives a special permit, the accessory affordable apartment may be rented only to a person or persons 18 years of age or older selected from a list of eligible households that the local regulatory authority has generated, whose combined annual income is 80% or less than the Lawrence Metropolitan Statistical Area median income and whose assets do not exceed the amount set forth pursuant to DHCD's Local Initiative Program Guidelines. Accessory affordable apartments permitted under this § 196-13D shall be rented on an open and fair basis.

(i) The owner(s) further agree that the rent (including utilities and any services) shall not exceed 30% of 80% of area median income for a household of two, or such lesser amount as may be required by 760 CMR 45.03.

(j) The owner(s) shall require the tenant to sign an agreement, in form approved by Boxford Town Counsel, outlining the income restrictions for continued tenancy and limits to the number of occupants.

E. Farm stand activities.

(1) The purpose of this bylaw is to help protect increasingly scarce farmland in the Town, to enhance the economic viability of farming activities and related farm stand operations in the Town and to promote the public's understanding, knowledge and appreciation of the importance of local farms to the Town's rural character and environment.

(2) The following uses are permitted, on farms having five acres or greater, pursuant to the agricultural site plan review, as described in Section E(3) below, only in conjunction with a farm stand which qualifies for protection under MGL c. 40A, § 3:

(a) Farm festivals during the harvest season of the subject farm;

(b) Agritourism activities, including but not limited to:

[1] Hayrides;

[2] Petting zoos;

[3] Play areas;

[4] Retail sale of food products and crafts, farm products, garden supplies, or other agriculture-related products (whether or not such products are produced on the farm);

(c) Customary food service, including seating and tables;

(d) Other activities accessory to and customarily performed on farms.

(3) Agricultural site plan review for farm stand activities.

(a) In support of agricultural site plan review under this section, an applicant shall file with the Planning Board a plan designating:

[1] The areas on the subject property on which all proposed activities will take place;

[2] Parking facilities; and

[3] Anticipated pedestrian and vehicular traffic flows for all events held on the farm.

(b) An Assessors' Map showing the information required by Section E.3.a shall be deemed adequate for this purpose.

(c) The Planning Board may impose reasonable conditions on the time and manner of such activities to mitigate their anticipated effect upon the neighborhood adjacent to the subject property.

(d) Agricultural site plan approval shall be valid for five years, unless the approved activities change in intensity, in which case the property owner or applicant shall return to the Board to amend their site plan.

(4) An appeal of an agricultural site plan review decision by the Board shall be pursuant to the provisions of MGL c. 40A, § 17.

F. Small wind energy systems.

(1) The purpose of this bylaw is to allow for a streamlined and efficient permitting process to allow for small wind energy systems.

(2) Small wind energy systems shall be those systems no greater than 60 kilowatts of rated name plate capacity proposed to be constructed after the effective date of this section.

(3) Definitions.

HEIGHT

The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a nameplate on the equipment.

SMALL WIND ENERGY SYSTEM

All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, storage, electrical collection and supply equipment, transformers, service and access roads, and one or more wind turbines, which have a rated nameplate capacity of 60 kw or less.

WIND TURBINE

A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

(4) General requirements.

(a) Special permit. No small wind energy system shall be erected, constructed, installed or modified as provided in this section without first obtaining a special permit from the Zoning Board of Appeals.

(b) All such wind energy systems shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. Such permits may also impose reasonable conditions, safeguards and limitations on time and use and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the small wind energy system, should they occur.

(c) Compliance with laws, ordinances and regulations. The construction and operation of all such proposed small wind energy systems shall comply with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and FAA aviation requirements.

(d) Utility notification. No small wind energy system shall be installed until evidence has been given to the Building Inspector that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(5) General siting, design, lighting and sign standards.

(a) Setbacks. Wind turbines shall be set back a distance equal to the total height of the wind turbine from all inhabited structures, overhead utility lines, public road or right of way and property boundaries. The Board may reduce the minimum setback distance if written permission is granted by the owners of the property or properties which abut the property line from which the setback would be reduced.

(b) Appearance, color and finish. The wind generator and tower shall remain painted or finished the nonreflective color or finish that was originally applied by the manufacturer, unless approved in the special permit.

(c) Lighting. Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the small wind energy system, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.

(d) Signage and advertising. Signs and advertising shall be restricted to reasonable identification of the manufacturer or operator of the small wind energy facility and shall defer to the requirements of the Town sign regulations.[2]

[2] Editor's Note: See § 196-27, Signs.

(6) Safety, aesthetic and environmental standards.

(a) Unauthorized access. Wind turbines or other structures part of a small wind energy system shall be designed to prevent unauthorized access. For instance, the tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

(b) Noise. The small wind energy system and associated equipment shall conform with the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10), unless the Department and the permit granting authority agree that those provisions shall not be applicable.

(c) Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and is otherwise prescribed by applicable laws, regulations, and ordinances.

(7) Monitoring and maintenance. The applicant shall maintain the small wind energy system in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and security measures. The applicant shall provide the Town with contact information, including emergency contact notification, to be used for all correspondence and communications regarding the wind energy system and the applicant shall ensure such contact information is accurate and updated.

(8) Discontinuance and removal.

(a) Any wind energy facility not used for a period of two years or more without written permission from the special permit granting authority, or that has reached the end of its useful life, shall be considered discontinued, and shall be removed. When an applicant intends to decommission and/or remove a wind energy facility, the applicant shall notify the Zoning Enforcement Officer and Building Inspector by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind energy facility no more than 150 days after the date of discontinued operations. At the time of removal, the affected portion of the site shall be restored as near as possible to the state it was in before the facility was constructed, unless put to another legally authorized, active use. Decommissioning and removal shall consist of:

[1] Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.

[2] Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.

[3] Stabilization or revegetation of the site as necessary to minimize erosion. The Zoning Enforcement Officer may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(b) Upon request, the applicant shall provide evidence to the Zoning Enforcement Officer demonstrating continued use of the wind energy facility. Failure to provide such evidence within 30 days of a written request from the Zoning Enforcement Officer addressed to the contact address provided and maintained by the applicant as required above shall be conclusive evidence that the wind energy facility has been discontinued.

(c) If the applicant fails to remove the wind energy facility in accordance with the requirements of this section, the Town shall have the right, to the extent it is otherwise duly authorized by law, to enter the property and remove the facility at the expense of the facility owner and the owner(s) of the site on which the facility is located.

(9) Permit process, requirements and enforcement.

(a) The building permit application shall be accompanied by deliverables, including the following:

[1] A plot plan showing:

[a] Property lines and physical dimensions of the subject property within two times the total height from the tower location;

[b] Location, dimensions, and types of existing major structures on the property;

[c] Location of the proposed wind system tower, foundations, guy anchors and associated equipment;

[d] The right-of-way of any public road that is contiguous with the property;

[e] Any overhead utility lines.

[2] Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).

[3] Tower foundation blueprints or drawings signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts.

[4] Tower blueprint or drawing signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts.

(b) Expiration. A permit issued pursuant to this ordinance shall expire if the small wind energy system is not installed and functioning within 24 months from the date the permit is issued; or the small wind energy system is abandoned.

(10) Violations. It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this ordinance or with any condition contained in a building permit issued pursuant to this ordinance.

(11) Penalties. Any person who fails to comply with any provision of this ordinance or a building permit issued pursuant to this ordinance shall be subject to enforcement and penalties as allowed by applicable law.

(12) Severability. The provisions of this ordinance are severable, and the invalidity of any section, subdivision, paragraph, or other part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance.

G. Protected use accessory dwelling units.

(1) Definition. A protected use accessory dwelling unit ("ADU") is an attached or detached dwelling unit that is accessory to a principal dwelling unit and is otherwise defined by the provisions of G.L. c. 40A, § 1A, as may be amended.

(2) Use schedule. Protected use ADUs are allowed as a matter of right only in the R-A Zoning Districts, subject to the requirements of this Section. ADUs are prohibited in all other districts.

(3) Only one protected use ADU is allowed as a matter of right on any property.

(4) Placeholder accessory apartment and ADU.

(5) ADUs may not be used as short-term rentals, as such term is defined in G.L. c. 64G, § 1, or otherwise rented for a period shorter than 31 days.

(6) Dimensional requirements.

(a) A protected use ADU may be no larger in gross floor area than 1/2 of the gross floor area of the principal dwelling unit on the property or 900 square feet, whichever is less.

(b) Gross floor area shall be the sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored measured from the interior faces of exterior walls or from the centerline of walls separating buildings, or dwelling units but excluding:

[1] Crawl spaces, garage parking areas, attics, attics, enclosed porches and similar spaces; and

[2] Where there are multiple principal dwellings on the lot, the GFA of the largest principal dwelling shall be used for determining the maximum size of a protected use ADU.

(c) Protected use ADUs shall comply with any and all frontage, setback, height, lot width and lot coverage requirements, as may be applicable in R-A Districts as contained in § 196-24 of this Zoning Bylaw.

(d) Conversions of existing non-residential accessory structures to ADUs are permitted provided that the existing accessory structure complies with the above-described dimensional requirements.

(e) (Reserved)

(f) Protected use ADUs shall be designed and constructed so that no portion thereof shall be closer to the front lot line than the primary dwelling.

(g) The protected use ADU shall not be legally separated or conveyed apart from the principal dwelling.

(7) Parking.

(a) At least one off-street parking space must be provided for all protected use ADUs. Parking may be in a driveway or a garage but the parking space may not be a tandem space with a parking space for the primary single-family structure.

(b) The construction of a new garage to serve a protected use ADU shall require a special permit from the Board of Appeals if the construction of the new garage would result in the total garage spaces exceeding three or more garage spaces on the lot.

(c) Protected use ADUs shall have no more than one attached garage to serve an ADU.

(8) Site plan approval. All protected use ADUs are required to obtain site plan approval from the Board of Appeals pursuant to the procedures of this § 196-30 of this Zoning Bylaw. Site plan review shall provide for the following:

(a) The protected use ADU should minimize tree, vegetation and soil removal and grade changes.

(b) Architectural style should be compatible with the existing principal dwelling on the subject property.

(c) The protected use ADU shall be serviced with adequate water supply and sewer or septic service and shall comply with any regulation for the protection of public health, safety, welfare and the environment including Title 5, 310 CMR 15.000.

(d) The plan shall demonstrate adequate parking, as required hereunder and shall maximize convenience and safety for vehicular and pedestrian movement within the property and in relation to adjacent ways. The plan shall receive review, approval and sign off by Fire Department for adequate life/safety/emergency ingress and egress prior to submission.

(e) The Board of Appeals may request reasonable plan modifications of the site plan for a protected use ADU and may impose reasonable conditions that are not inconsistent with this bylaw or the provisions of G.L. c. 40A, § 3.

(f) Trailers and other movable structures shall not be occupied as dwellings, except as provided in G.L. c. 40A, § 3.

(g) A protected use ADU proposed in a Historic District shall be subject to approval by the Historic District Commission and shall conform to all Historic District Commission requirements applicable to single-family residences within the District.

(9) Relationship to non-conformities.

(10) Site plans. Site plans shall indicate existing and proposed:

(a) Boundaries.

(b) Structures.

(c) Parking and loading spaces.

(d) Driveways and driveway openings.

(e) Lighting, water supply, sewage.

(f) Landscape features.

§ 196-14 B-1 Retail Business District.

A. A Retail Business District is intended for retail and local neighborhood shopping and for offices.

B. Permitted uses. The following shall be permitted uses in the B-1 Retail Business District:

(1) All uses permitted in § 196-13B(2), (3), (5), (6), (9), (11)(h), and (11)(i), subject to the same restrictions and conditions as prescribed in the R-A Residence-Agricultural District, provided that no residential use will be permitted except that for an owner, employee or operator of a business or office on the premises.

[Amended 5-13-2014 ATM, Art. 24]

(2) Retail store or service establishment, the principal activities of which shall be the offering within the building of goods or services at retail for use or consumption within the building or off the premises.

(3) Business or professional office, or bank.

(4) Restaurant or other place for serving food.

(5) Municipal, state or federal governmental buildings.

(6) Nonprofit civic and fraternal building.

(7) Parking area or garage for use of employees, customers or visitors under the condition specified in § 196-26 of Article VI for approval of site plans, etc.

(8) Signs or display advertising goods or services available on the lot as provided in § 196-27 of Article VI.

(9) Accessory buildings and uses customarily incidental to permitted uses.

(10) Subject to the grant of a special permit by the Board of Appeals as provided for in Article X below, the following:

(a) Gasoline service station, provided that repairs shall be limited to minor changes and adjustments and that gasoline pumps and equipment shall be so located that vehicles to be served are entirely upon the service station lot.

(b) Rail or bus station or terminal.

(c) Store or service establishment, the principal activities of which shall be the offering of goods and services at retail by means of drive-in, open-air or other methods which require operations as much outside the building as within.

(d) Craft shop, provided that no more than five persons are employed.

(e) Commercial amusement enterprises, such as bowling, theater, clock golf, skating and similar enterprises.

(f) Multiple dwellings of not less than four and not more than 16 dwelling units; building lots to contain at least two acres for each dwelling unit and not more than one multiple dwelling unit to be placed on any single lot.

(g) Rest or nursing homes.

§ 196-15 B-2 General and Highway Business District.

A. A General and Highway Business District is intended for buildings and uses providing goods and services to inhabitants of Boxford and neighboring towns, and to the traveling public.

B. Permitted uses. The following shall be permitted uses in the B-2 General and Highway Business District:

(1) Any use permitted in B-1 Retail Business District under the conditions prescribed therein.

(2) Motel, hotel or inn.

(3) Repair shop for automobiles, appliances and other light equipment.

(4) Automobile salesroom.

(5) Retail establishment, the principal activities of which shall be the preparation, storage, transfer or distribution of goods (such as building material, automobile parts, etc.).

(6) Subject to the grant of a special permit by the Board of Appeals, as provided in Article X below, outdoor storage of fuel supplies and products under appropriate conditions for screening where such areas adjoin a Residence-Agricultural District.

§ 196-16 M Manufacturing or Industrial District.

A. A Manufacturing or Industrial District is intended as an industrial district for manufacturing.

B. Permitted uses. The following shall be permitted uses in the M Manufacturing or Industrial District:

(1) All agricultural, business and commercial uses permitted in other districts, provided that no residential use will be permitted, except that one dwelling may be maintained for a watchman or caretaker and his family employed upon the premises of an industrial concern.

(2) Research laboratories with incidental processing or pilot manufacture.

(3) Office building.

(4) Manufacturing enterprises, provided that, before any building permit may be granted, the Board of Appeals shall determine that such activities will not be offensive, injurious or noxious because of sewerage, refuse, noise, vibration, smoke, fumes, dust, odor, dangerous fire or explosion or other characteristics detrimental to a dominantly residential Town or which may tend to reduce property values in the same or adjoining districts, in accordance with the standards set forth in § 196-28 of Article VI below.

(5) Agricultural, horticultural and floricultural uses.

[Amended 5-13-2014 ATM, Art. 24]

(6) Religious and educational uses exempt from regulation by law.

§ 196-17 (Reserved) [1]

[1] Editor's Note: Former § 196-17, C Conservancy District, as amended, was repealed 5-13-2014 ATM, Art. 24.

§ 196-18 O Official or Open Space District.

A. An Official or Open Space District consists of those areas which have already been dedicated or used for public or semipublic uses, such as parks and recreation areas, public buildings, cemeteries, schools, churches, reservoirs and open space reservations, and which are not available for residential, commercial or other private uses. The purpose of this district is to show on the Zoning Map those areas which, because of their public or semipublic uses, are not appropriate for zoning in any other districts.

B. No building permit shall be issued for any new building or structure in the Official or Open Space District until plans showing proposed location, uses and external appearance shall have been submitted to the Select Board for review, comment and suggestions with the advise of the Planning Board, and the Select Board shall have made such comment and suggestions or allowed three weeks to elapse after such submission without action.

[Amended 9-12-2020 ATM by Art. 19]

§ 196-19 Special uses.

A building, structure and/or land and premises may be used for the following enumerated purposes only in a Manufacturing or Industrial District and then only if a special permit is granted, after referral to the Planning Board in each case, by the Board of Appeals in accordance with the provisions of Article X below and with such conditions as the Board of Appeals may impose to safeguard the district and the Town against injury to persons or property in the district and to conform to the intent and purpose of this bylaw:

A. Tanneries, slaughterhouses or rendering plants.

B. Junkyards.

C. Automobile dismantling yards.

D. Bulk station or storage of explosives.

E. Steam laundries.

F. Public dance halls.

G. Airport or landing field (as defined by the Massachusetts Aeronautics Commission).

§ 196-20 Elderly Housing District.

[Added 5-9-1984 ATM, Art. 24; amended 5-8-2018 ATM by Art. 18]

A. In an Elderly Housing District, no building or land shall be used and no building shall be erected or converted except:

(1) To provide housing for the elderly, such housing to be owned and operated by a for-profit or nonprofit organization. A "private nonprofit organization" shall mean a corporation, foundation or other organization no part of the net earnings of which inures to the benefit of any private shareholder or individual and which has been organized pursuant to MGL c. 180, as amended.

(2) For any of the uses permitted in the R-A Residence-Agricultural District with the development regulations applicable to the R-A Residence-Agricultural District outlined in Article VI governing.

B. Accessory uses permitted in the Elderly Housing District may include:

(1) Accessory uses customarily incidental to any main permitted use on the same premises, including but not limited to private garages, a pool, and other such accessory uses customarily incidental to an age-restricted, active adult community.

(2) One separate building, not exceeding one story in height, to house snow removal and mowing machines, garden and other tools and equipment required to maintain and service housing for the elderly, as well as separate structures to house any water or sewer utility and/or centralized mailbox facility or residents.

(3) One building which may be used as a common building by the residents of the district, which building may include central kitchen and dining facilities providing meals to residents thereof and their guests and may also provide lounge and meeting rooms for the common use of the residents and their guests.

C. Design guidelines. In addition to the standards for site plans under § 196-30, a proposal within the Elderly Housing District shall be consistent with the following design guidelines:

(1) All proposed buildings and structures shall be compatible with other quality buildings of similar village-style architecture, building materials and colors;

(2) The compatibility of such buildings and structures shall be analyzed in terms of the following factors: size and bulk; orientation to the street; distance from the street; height and roofline articulation; the pattern of window, door, and other building openings; architectural styles; and exterior building materials and colors; and

(3) The applicant shall submit a separate landscaping plan, prepared by a registered landscape architect, that provides for intensive high-quality landscaping of all open areas, including areas adjacent to paths, driveways and parking lots, and, where appropriate for screening purposes, dense buffers of trees and shrubs.

§ 196-21 Pond Watershed Overlay District.

[Added 5-22-1996 ATM, Art. 51]

A. The Pond Watershed Overlay District consists of the mapped watersheds to Boxford's freshwater ponds. Long considered one of the Town's most significant natural resources, Boxford's numerous freshwater ponds are threatened by land-based activities within the pond watersheds, including residential development, removal of natural vegetative growth and waterfowl. Of particular concern are elevated levels of nutrients, such as nitrogen and phosphorus, present in the Town's surface waters. Excessive nutrients will cause pond water quality to decline, create noxious odors, increase growth of nuisance plants and reduce values of property within the ponds' watersheds.

B. The purpose of this District is to identify land areas that provide recharge and runoff to Boxford's freshwater ponds by incorporating these contributing areas into the Town's Zoning Map, Zoning Bylaw and other regulatory tools, as amended.

C. Permitted uses. In any lot created after the adoption of this amendment:

(1) The Pond Watershed Overlay District shall be considered to be superimposed over any other district established in this bylaw. Land in a Pond Watershed Overlay District may be used for any purpose otherwise permitted in the underlying district, subject to the additional restrictions presented herein. Land located such that the site lies partially within an Overlay District shall be governed by the restrictions applicable to the zoning district in which the part of the land is located.

(2) Within a Pond Watershed Overlay District, no principal or accessory structure shall be constructed within 100 feet of the high-water mark of a pond. Excluded from this prohibition, subject to other applicable regulations in the Town of Boxford, are structures commonly referred to as "duck walks," landings, docks and piers.

(3) Within a Pond Watershed Overlay District, no land area within 300 feet of a measured high-water mark of a pond shall consist of cultivated lawn greater than 5,000 square feet on any single lot.

(4) For a distance of at least 25 feet from the high-water mark of any pond within a Pond Watershed Overlay District, natural vegetation shall be left in its natural state, except for a path, not to exceed seven feet in width. Dead or dying vegetation that poses a threat to persons or property may be removed, subject to other applicable regulations in the Town of Boxford.

§ 196-22 Wireless Communications Services.

[Added 5-22-1997 ATM, Art. 51; amended 5-11-2004 ATM, Art. 31; 11-15-2005 STM, Art. 12; 5-9-2006 ATM, Art. 35]

Wireless communications services and the construction of towers shall be located according to the special permit provisions of the Zoning Bylaw.

A. (Reserved)

B. (Reserved)

C. Use restrictions. A wireless communications facility (including antennas and accessory structures, if any), antenna or satellite dish may be erected upon the issuance of a special permit by the Zoning Board of Appeals pursuant to Article X, subject to site plan review and approval as set forth herein at § 196-30, subject to the following conditions:

(1) The only wireless communication facilities allowed are freestanding monopoles, with associated antenna and/or panels to be installed internally within the monopole.

(2) To the extent feasible, all service providers shall collocate on a single facility. Wireless communications facilities shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.

(3) Any proposed extension in the height, addition of cells, antennas or panels or construction of a new facility shall be subject to a new application for an amendment to the special permit.

(4) New facilities shall be considered by the Zoning Board of Appeals only upon a finding by the Zoning Board of Appeals that the equipment planned for the proposed facility cannot be accommodated on any existing or already approved facilities.

(5) All facilities shall be designed to be constructed at the minimum height necessary to accommodate the anticipated present and future use but in no event to exceed 120 feet in height as measured from the mean finished ground level at the base of the facility.

(6) A facility shall not be erected nearer to any property line than a distance equal to the vertical height of the facility (inclusive of any appurtenant devices), measured at the mean finished grade of the facility base.

(7) Siting shall be such that the view of the facility from adjacent abutters, residential neighbors and other areas of Town shall be as limited as possible. All facilities shall be painted or otherwise colored so they will blend in with the landscape or the structure on which they are located. The coloring scheme of the pole shall be at the discretion of the Board of Appeals based upon information provided during the public hearing.

(8) Wireless communication facilities shall be suitably screened from abutters and residential neighborhoods.

(9) Fencing shall be provided to control access to wireless communications facilities and shall be compatible with the scenic character of the Town. Chain link is not acceptable.

(10) Existing on-site vegetation shall be preserved to the maximum extent possible.

(11) There shall be no signs, except for announcement signs, no-trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform with § 196-27.

(12) Night lighting of the facilities shall be prohibited unless required by the Federal Aviation Administration (FAA). Lighting shall be limited to that needed for emergencies and/or as required by the FAA.

(13) There shall be a maximum of one parking space for each facility, to be used in connection with the maintenance of the facility and the site, and not to be used for the permanent storage of vehicles.

(14) To the extent technologically feasible, all network interconnections from the facility shall be via underground land lines.

(15) Applicants proposing to erect facilities on municipally owned land or structures shall provide evidence of contractual authorization from the Town of Boxford to conduct wireless communications services on municipally owned property.

(16) Traffic associated with the facility and accessory facilities and structures shall not adversely affect abutting ways.

(17) Satellite dishes and/or antennas may be located on structures or may be freestanding.

(18) Satellite dishes and/or antennas shall be situated on a structure in such a manner that they are screened, preferably not being visible from abutting streets. Freestanding dishes and/or antennas shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or landscape.

(19) Antennas or dishes located on a structure shall not exceed 10 feet in height above the level of its attachment to the structure.

(20) Annual certification demonstrating continuing compliance with the standards of the Federal Communication Commission, Federal Aviation Administration and the American National Standards Institute and required maintenance shall be filed with the Building Inspector by the special permit holder.

(21) All unused facilities or parts thereof or accessory facilities and structures which have not been used for one year shall be dismantled and removed at the owner's expense.

D. Procedure for a special permit. All applications for wireless communications facilities, antennas or satellite dishes shall be made and filed on the applicable application forms for site plan and special permit in compliance with the Boxford Zoning Board of Appeals application instructions. In addition to the requirements for site plan review under § 196-30 and the special permit requirements under §§ 196-45, 196-46, 196-47, 196-48 and 196-49, five copies of the following information must be submitted for application to be considered complete:

(1) A locus plan at a scale one inch equals 200 feet, which shall show all property lines, the exact location of the proposed structure(s), street, landscape/topography features, residential dwellings and neighborhoods and all buildings within 500 feet of the facility.

(2) A color photograph or rendition of the facility with its antennas and/or panels. For satellite dishes or antennas, a color photograph or rendition illustrating the dish or antenna at the proposed location is required. A rendition shall also be prepared illustrating a view of the monopole, dish or antenna from the nearest street or streets.

(3) The following information must be prepared by a professional engineer:

(a) A description of the facility and the technical, economic and other reasons for the proposed location, height and design.

(b) Confirmation that the facility complies with all applicable federal and state standards.

(c) A description of the capacity of the facility, including the number and type of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations.

(d) If applicable, a written statement that the proposed facility complies with, or is exempt from, applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC) and the Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.

(e) The applicable review and advertising fees as noted in the application guidelines.

E. Exemptions. The following types of wireless communications facilities are exempt from this § 196-22:

(1) Amateur radio towers used in accordance with the terms of the amateur audio service license issued by the Federal Communications Commission, provided that the tower is not used or licensed for any commercial purpose.

(2) Facilities used for the purposes set forth in MGL c. 40A, § 3.

(3) Satellite dishes and antennae for residential use.

§ 196-22.1 Floodplain District. [1]

[Added 5-8-2012 ATM, Art. 14; amended 5-13-2025 ATM by Art. 21]

A. Purpose. The purpose of the Floodplain Overlay District is to:

(1) Ensure public safety through reducing the threats to life and personal injury.

(2) Eliminate new hazards to emergency response officials.

(3) Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.

(4) Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

(5) Eliminate costs associated with the response and cleanup of flooding conditions.

(6) Reduce damage to public and private property resulting from flooding waters.

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

C. The Town of Boxford hereby designates the position of Inspector of Buildings to be the official floodplain administrator of the Town of Boxford. The provisions of this bylaw shall be administered and enforced by the Inspector of Buildings. The Inspector of Buildings with the approval of the Select Board may, and if required by them, shall, institute appropriate legal proceedings to enforce this bylaw and restrain by injunction any violation thereof. Whoever violates any provision of this bylaw shall be punished by a fine not more than $300 for each offense. Each day or portion thereof that such violation continues shall constitute a separate offense.

D. Base flood elevation and floodway data.

(1) Floodway data. In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(2) Base flood elevation data. Base flood elevation data is required for each developable parcel within subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.

(3) In A Zones, in the absence of FEMA base flood elevation data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

E. Notification of watercourse alteration. In a riverine situation, the Conservation Director shall notify the following of any alteration or relocation of a watercourse:

Adjacent communities.

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

NFIP Program Specialist

Federal Emergency Management Agency, Region I

Bordering state(s) if applicable.

F. If the Town of Boxford acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

NFIP Program Specialist

Federal Emergency Management Agency, Region I

G. Use regulations.

(1) The Floodplain Overlay District is established as an overlay district to all other districts. All proposed construction or other development in the district requires a permit, including new construction or changes to existing buildings, placement of manufactured houses, placement of agricultural facilities, fences, sheds, storage facilities, or drilling, mining, pacing and any other development that might increase flooding or adversely impact risks to other properties structural and non-structural activities, and must be in compliance with the requirements of the Floodplain Overlay District and with all permits necessary to carry out the proposed development, as demonstrated by the acquisition of all necessary permits by the project applicant, including the following as necessary:

(a) MGL c. 131, § 40;

(b) Sections of the Massachusetts State Building Code (780 CMR), as may be currently in effect, which address construction in floodplain areas;

(c) Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

(d) Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

(e) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

(f) Federal permits.

The applicant must also demonstrate that all necessary permits have been acquired.

(2) Variances to this bylaw. The requirements found in this bylaw shall take precedence over any less restrictive conflicting local laws, ordinances or codes. Any variances from the requirements of this bylaw may only be granted if:

(a) Good and sufficient cause and exceptional non-financial hardship exists;

(b) The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

(c) The variance is the minimum action necessary to afford relief.

(3) Variances to building code floodplain standards. The Town of Boxford will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance and will maintain this record in the community's files. The Town of Boxford shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

(4) In Zones AE, along watercourses that have a regulatory floodway designated on the Essex County FIRM, prohibit encroachments, including fill, new construction, substantial improvements, and other development within the regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(5) In A and AE Zones, all recreational vehicles to be placed on a site shall be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

(6) All subdivision proposals must be designed to assure that:

(a) Such proposals minimize flood damage;

(b) All public utilities and facilities are located and constructed to minimize or eliminate flood damage;

(c) Adequate drainage is provided to reduce exposure to flood hazards.

H. Permitted uses. The following uses of low flood damage potential and causing no obstructions to flood flows are allowed provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:

(1) Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

(2) Forestry and nursery uses.

(3) Outdoor recreational uses, including fishing, boating, play areas, etc.

(4) Conservation of water, plants, wildlife.

(5) Wildlife management areas, foot, bicycle, and/or horse paths.

(6) Temporary non-residential structures in place for 180 days or less in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

I. Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

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

K. Abrogation. The requirements contained in this Floodplain District section take precedence over any less restrictive or conflicting local bylaw, regulation or code.

L. Definitions.

DEVELOPMENT

Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

FLOOD BOUNDARY AND FLOODWAY MAP

Means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway.

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.

FLOODWAY

The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

FUNCTIONALLY DEPENDENT USE

Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE

Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

Means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of the Interior in states without approved programs.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement.

RECREATIONAL VEHICLE

Means a vehicle which is:

(1) Built on a single chassis;

(2) 400 square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY

See "floodway."

SPECIAL FLOOD HAZARD AREA

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE.

START OF CONSTRUCTION

The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR.

VARIANCE

Means a grant of relief by a community from the terms of a floodplain management regulation.

VIOLATION

Means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3[2] is presumed to be in violation until such time as that documentation is provided.

[2] Editor's Note: See 44 CFR 60.3.

[1] Editor's Note: The provisions of former § 196-22.1, Temporary moratorium on medical marijuana treatment centers, adopted 5-14-2013 ATM, Art. 28, expired 7-31-2014.

§ 196-22.2 Solar Overlay District.

[Added 5-8-2018 ATM by Art. 17]

A. Large-Scale Ground-Mounted Solar Photovoltaic Installation Overlay District.

(1) Purpose. The purpose of this bylaw is to permit as-of-right siting of large-scale ground-mounted solar photovoltaic installations within a designated Solar Overlay District by providing standards for the design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and that provide adequate financial assurance in the event of abandonment or removal of such installations.

(2) Definitions. As used in this bylaw, the following terms shall have the meanings indicated:

AS-OF-RIGHT SITING

That development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary zoning approval.

LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION (also "installation")

A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum rated nameplate capacity of 250 kW DC.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production of the photovoltaic system in direct current (DC).

SOLAR OVERLAY DISTRICT

As used in this section shall include the following properties:

(a) Property at Spofford Road designated as Assessor's Map 19, Block 3, Lot 28 and Assessor's Map 15, Block 2, Lot 1; and

(b) Property designated as Assessor's Map 42, Block 1, Lot 1.

(3) General requirements.

(a) The construction and operation of all large-scale ground-mounted solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of the installation shall be constructed in accordance with the State Building Code. No installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

(b) No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the installation and the owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(c) All large-scale ground-mounted solar photovoltaic installations shall undergo site plan review by the Planning Board in accordance with this Zoning Bylaw prior to construction or modification as provided in this section. The Planning Board may, at the Board's option, hold an informal hearing, of which abutters are given notice, in order to solicit comment during the site plan review. The Planning Board may impose reasonable conditions on the project in granting site plan approval. The Planning Board shall act on an application for site plan review and file a written decision of its action with the Town Clerk within 90 days of receipt of a complete site plan review submission unless otherwise agreed by the project proponent.

(4) Site plan review submission requirements. The project proponent shall provide the following documents:

(a) A site plan on one or more sheets. All plans shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. The plans, at a minimum, must include the following:

[1] Property lines and physical features, including roads, topography, vegetation, hydrological features, shading from existing structures and Zoning Map designation of the project site;

[2] Proposed changes to the site, including proposed grading, planting or removal of vegetation, lighting, signage and structures;

[3] Blueprints or drawings of the solar photovoltaic installation;

[4] An electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

[5] Manufacturers' specifications, warranties and related documentation for the major system components to be used, including the PV panels, mounting system, and inverter. These may be referenced on the plan to documents provided for the Planning Board file;

[6] Name, address, and contact information for the proposed installer of the installation;

[7] Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;

[8] The name, contact information and signature of any agents representing the project proponent.

(b) The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed installation.

(c) The project proponent shall submit an Operation and Maintenance Plan for the large-scale ground-mounted solar photovoltaic installation which shall include measures for maintaining safe access to the installation, stormwater controls, and general procedures for operation and maintenance of the installation.

(d) Proof of liability insurance naming the Town of Boxford as additional insured in the amounts of at least $1,000,000 current and $3,000,000 aggregate, or such other amounts as are standard in the Town of Boxford. Such proof will not be required for municipally or state-owned facilities.

(e) Proof of utility notification.

(f) A designation of a date representing the end of the useful life of the installation, which date may be extended by the project proponent upon notice to the Planning Board provided no later than 30 days in advance of the designated date. Upon such notice the Planning Board may review the installation and determine, at its sole discretion, if an application for a modification is required under the terms of this section.

(g) A removal plan, signed by the project proponent, listing the actions to be taken to remove the installation and a plan showing the proposed physical characteristics of the site upon completion of the removal.

(h) Description of financial surety and cost of removal. The project proponent shall submit a fully inclusive estimate of the costs associated with removal of the installation, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. The project proponent shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board not to exceed 125% of the estimated cost of removal. Such surety will not be required for municipally or state-owned facilities.

(5) Design standards.

(a) Dimensional requirements.

[1] Front yard. The front yard depth shall be at least 50 feet.

[2] Side yard. Each side yard shall have a depth at least 15 feet; provided, however, that where the lot abuts a Residential-Agricultural District, the side yard shall not be less than 50 feet.

[3] Rear yard. The rear yard depth shall be at least 25 feet; provided, however, that where the lot abuts a Residential-Agricultural District, the rear yard shall not be less than 50 feet.

[4] Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to applicable regulations, including the dimensional regulations established in this bylaw, concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

(b) Lighting. Lighting of installations shall be the minimum required by local, state and federal law, or as required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.

(c) Signage. Signs shall comply with § 196-27 of the Zoning Bylaw. A sign posted in a location visible from a public way shall identify the name and nature of the installation, the owner and the operator, and provide a twenty-four-hour emergency contact phone number. Signs at installations shall not be used for displaying advertising.

(d) Utility connections. All utility connections from the installation shall be placed underground unless otherwise required by the utility provider.

(6) Safety and environmental standards.

(a) Emergency services. The project proponent shall provide a copy of the site plan review submission documents to the Boxford Fire Department and the Boxford Police Department upon submission of its application for site plan review to the Planning Board. The project proponent shall cooperate with these Departments in developing an Emergency Response and Security Plan. As approved by the Planning Board through site plan review, a copy of the plan shall be kept on the project site at all times and shall be placed on file with the Boxford Fire and Police Departments. All means of shutting down the solar photovoltaic installation shall be clearly identified in the Emergency Response and Security Plan and, where practicable, marked in the filed.

(b) Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the installation or otherwise prescribed by applicable laws, regulations, and bylaws.

(7) Monitoring and maintenance. The installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Boxford Fire Department. The owner or operator shall be responsible for the cost of maintaining the installation and associated site improvements. The owner or operator shall be responsible for the cost of maintaining any access road(s) unless the access road is accepted as a public way.

(8) Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board in accordance with this bylaw. The Planning Board may waive any requirements of the site plan review submission requirements deemed by the Board to be not relevant to the proposed modification.

(9) Abandonment, decommissioning or removal.

(a) Abandonment. Absent written notice provided by the owner or operator to the Planning Board of extenuating circumstances, the installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board.

(b) Decommissioning. The owner or operator shall, upon 30 days' advance notice to the Planning Board, identify a date for decommissioning the installation. If the owner or operator of the installation fails to remove the installation in accordance with the requirements of this section within 150 days of the decommissioning date, the Town may, to the extent it is otherwise authorized by law, enter the property and physically remove the installation and apply any financial surety provided by the project proponent towards the cost of removal.

(c) Removal. Any installation which has reached the end of its useful life, or been abandoned, or reached a decommissioning date, shall be removed within 150 days. Removal shall consist of the following:

[1] Physical removal of all installation structures, equipment, security barriers and transmission lines from the site.

[2] Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

[3] Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(10) Severability. The provisions of this section are severable, and the invalidity of any section, subdivision, paragraph or other part of this section shall not affect the validity of the remainder of this section.

§ 196-22.3 Battery energy storage systems.

[Added 5-13-2025 ATM by Art. 23]

A. Purpose. The purpose of this section is to advance and protect the public health, safety, welfare, and quality of life by creating regulations for the installation and use of battery energy storage systems, with the following objectives:

(1) To provide a regulatory scheme for the location, construction and operation of battery energy storage systems, BESS, consistent with best practices and safety protocols;

(2) To ensure compatible land uses in the vicinity of the areas affected by BESS and to mitigate any potential impacts on abutting and nearby properties; and

(3) To mitigate the impacts of BESS on environmental resources such as agricultural lands, forests, wildlife, wetlands, aquifer, and other natural resources.

This section shall be construed to be consistent with state law, including but not limited to the energy storage siting and zoning provisions of Chapter 239 of Session Laws from the 2023-2024 Legislative Session and to the provisions of MGL c. 40A, § 3, and state regulations, including but not limited to the provisions of the State Building Code, State Fire Code, and State Electrical Code. In the event of any conflict between the provisions of this section and the provisions of state law or regulations, the state law and regulations shall prevail.

B. Definitions. As used in this bylaw, the following terms shall have the meanings indicated. Terms that are not defined herein or elsewhere in this Zoning Bylaw shall be as defined in NFPA 855 if applicable.

ANSI

American National Standards Institute.

BATTERY ENERGY STORAGE SYSTEM (BESS)

An energy storage system that includes a battery or batteries, a battery management system that protects the battery or batteries from operating outside their safe operating parameters, and an energy management system that is responsible for determining when and how to enable the battery or batteries to charge and discharge. The BESS may also include a power conversion system that can provide AC to DC and DC to AC conversion.

BATTERY or BATTERIES

A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this bylaw, batteries utilized in consumer products, including electric vehicles, are excluded from these requirements.

CELL

The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

COMMISSIONING

A systematic process that provides documented confirmation that a BESS functions according to the intended design criteria and complies with applicable code requirements.

DEDICATED-USE BUILDING

A building that is built for the primary intention of housing BESS equipment, and its only use is battery energy storage, energy generation, and other electrical-grid-related operations.

NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)

A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.

NFPA

National Fire Protection Association.

NON-DEDICATED-USE BUILDING

A building that contains a BESS and is not a dedicated-use building.

THIS BYLAW

Section 196-22.3 of the Zoning Bylaw.

UL

Underwriters Laboratories.

C. Applicability.

(1) The requirements of this bylaw shall apply to BESS permitted, installed, decommissioned or modified after the effective date of this bylaw, excluding general maintenance and repair. BESS subject to this bylaw are less than 100MWh in capacity, but depending on the technology, do exceed the following capacities:

Lead-acid with a capacity of greater than 70 kWh

Nickel with a capacity of greater than 70 kWh

Lithium-ion with a capacity of greater than 80 kWh

Sodium nickel chloride with a capacity of greater than 20 kWh

Flow with a capacity of greater than 20 kWh

Other battery technologies with a capacity of greater than 10 kWh

BESS that are not within the above capacities are not subject to this bylaw and are allowed by right in all zoning districts. If an existing BESS is modified or replaced such that its capacity is within the above capacities, it shall be subject to this bylaw.

(2) A BESS that is subject to this bylaw is classified as a Tier 1 or Tier 2 BESS as follows:

(a) Tier 1 BESS have an aggregate energy capacity less than or equal to 1MWh and, if in a room or enclosed area, consist of only a single energy storage system technology.

(b) Tier 2 BESS have an aggregate energy capacity greater than 1MWh or are comprised of more than one storage battery technology in a room or enclosed area.

D. General requirements.

(1) The installation of BESS requires a consolidated BESS permit from the Town of Boxford. The applicant will need to satisfy the requirements of this bylaw as well as the normal requirements (other than needing separate applications) for obtaining a building permit, an electrical permit, and a fire department permit.

(2) Safety. A BESS shall be listed by a nationally recognized testing laboratory to UL 9540 (Standard for Energy Storage System) or approved equivalent, with subcomponents meeting each of the following standards as applicable:

(a) UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications);

(b) UL 1642 (Standard for Lithium Batteries);

(c) UL 1741 or UL 62109 (Inverters and Power Converters);

(d) Certified under the applicable electrical, building, and fire prevention codes as required;

(e) Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements.

(3) Dedicated-use buildings.

(a) No other occupancy types are permitted in the building.

(b) Occupants in the rooms and areas containing BESS are limited to personnel that operate, maintain, service, test, and repair the BESS and other energy systems.

(c) Administrative and support personnel are permitted in areas within the buildings that do not contain BESS, provided the following:

[1] The areas do not occupy more than 10% of the building area of the story in which they are located.

[2] A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing BESS or other energy system equipment.

(4) Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles.

(5) Depending on the location of the BESS in relation to and its interaction with the electrical grid, interconnection will be completed per 527 CMR 12.00. System interconnections into utility grids shall be in accordance with NFPA 855. An accessible disconnect is required per 527 CMR 12.00.

(6) Setbacks. BESS shall be set back a minimum of 50 feet from all side, rear, and front lot lines. The minimum setback areas shall include a buffer area at least 15 feet wide along all property lines that will limit visual impacts and be consistent with neighborhood characteristics. Access drives and parking are allowed in the setback areas but shall not intrude into the required buffer areas except where necessary to provide access or egress to the property. In addition, a minimum of 10 feet must be maintained between BESS components and all buildings, stored combustible materials, hazardous materials, high-piled storage, personnel means of egress, and other exposure hazards not associated with electrical grid infrastructure.

(7) Signage.

(a) The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information, including reach-back phone number.

(b) As required by the state electrical code, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

(c) Signage compliant with ANSI Z535 shall be provided on doors to rooms, entrances to BESS facilities, and on BESS outdoor containers.

(8) Lighting. Lighting of the battery energy storage system shall be limited to that minimally required for safety, security and operational purposes and shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, shall be shielded to eliminate glare from abutting properties and shall be directed downward to reduce light pollution.

(9) All BESS, all dedicated use buildings, and all other buildings or structures that contain or are otherwise associated with a BESS shall be designed, erected, and installed in accordance with all applicable provisions of the State Building Code 780 CMR, State Fire Code 527 CMR 1.00, and State Electrical Code 527 CMR 12.00. All BESS shall comply with NFPA 855, Standard for the Installation of Stationary Energy Storage Systems.

(10) Energy storage system capacities, including array capacity and separation, are limited to the thresholds contained in NFPA 855.

(11) All access roads should be at least 12' wide, constructed of an all-weather surface, an area for vehicular use and/or parking area that shall be surfaced with either asphalt, concrete, chip seal, graded and compacted gravel, or other stabilized system approved by the Boxford Fire Department, and be cleared of all obstructions on both sides by at least 2'. A 16' vertical clearance shall be maintained for large vehicle access. Access gates erected on site shall be a minimum of 12' wide, accessible via Boxford Fire Department emergency access key system. Access to all sides of each enclosure shall be provided where practical. Site access shall be maintained, including snow removal at a level acceptable to the Fire Department.

(12) BESS shall be maintained in good working order and in accordance with industry standards.

(13) Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.

(14) Failed battery cells and modules shall not be stored on the site and shall be removed no later than 30 days after deemed failed by the BESS operator or cell/module manufacturer. The operator shall notify the Boxford Fire Chief and Boxford Inspector of Buildings in advance if the type of battery or batteries used onsite is to be changed.

(15) Periodic inspection requirements.

(a) BESS must undergo an inspection by a qualified technician in coordination with the Fire Department at least once every five years from the date of the initial installation and subsequent inspections thereafter.

(b) Inspections may be conducted more frequently, as determined necessary by local regulations, manufacturer recommendations, or if the system shows signs of degradation or malfunction.

(16) Waivers may only be granted for aesthetic items, not health and/or safety requirements.

E. Permitting requirements for Tier 1 BESS. Tier 1 BESS are allowed by right in all zoning districts, subject to applicable provisions of state codes, the general requirements of this bylaw, and the Boxford General Bylaws.

F. Permitting requirements for Tier 2 battery energy storage systems. Tier 2 battery energy storage systems require the issuance of a special permit in all zoning districts. They are subject to applicable provisions of state codes, the general requirements of this bylaw, the Boxford General Bylaws, and the following additional requirements:

(1) Vegetation and tree cutting. Areas within 10 feet on each side of BESS and buildings in which they are housed shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.

(2) Setbacks. BESS shall be set back a minimum of 100 feet from side, rear, and front lot lines that abut or are across a street from residential zoning districts or existing single, two-family, or multi-family structures.

(3) Dimensional. BESS shall comply with the dimensional limitations for principal structures of the underlying zoning district as provided in § 196-30 of the Zoning Bylaw, unless otherwise provided in this bylaw.

(4) Fencing requirements. BESS, including all mechanical equipment, shall be enclosed by a minimum eight-foot-high fence with locking gate to prevent unauthorized access unless housed in a dedicated-use building. Security barriers, fences, landscaping, and other enclosures must not inhibit required air flow to or exhaust from the BESS and components. Electrical equipment greater than 1,000V requires a separate and additional means to restrict access. NFPA 855 requires specialty safety systems to be provided based on the BESS chemistry and installed location.

(5) Screening and visibility. BESS shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. Such features may not inhibit required air flow to or exhaust from the BESS and components and must comply with the setbacks established in Subsection F(2) above.

(6) Mitigation for loss of carbon sequestration and forest habitat. If land that is forestland or has been forestland within one year immediately preceding the filing an application to install a BESS, the plans shall designate thereon an area of unprotected (meaning, not subject to G.L. c. 184, §§ 31-33 at time of application) land on the same lot and of a size equal to two times the total area of forestland that will be eliminated, cut, destroyed, or otherwise disturbed by such installation. Such designated land shall remain in substantially its natural condition without alteration, including prohibition of commercial forestry or tree cutting not related to the maintenance of the installation, until such time as the installation is decommissioned; except in response to a natural occurrence, invasive species or disease that impacts the trees and requires cutting to preserve the health of the forest.

(7) Mitigation for disruption of trail networks. If existing trail networks, old roads, or woods or cart roads are disrupted by the location of a BESS, the plans shall show alternative trail alignments to be constructed by the applicant, although no rights of public access may be established hereunder.

(8) Mitigation for disruption of historic resources and properties. Historic resources, structures and properties, such as cellar holes, farmsteads, stone corrals, marked graves, water wells, or pre-Columbian features, including those listed on the Massachusetts Register of Historic Places or as defined by the National Historic Preservation Act, shall be excluded from the areas proposed to be developed for a BESS. A written assessment of the project's effects on each identified historic resource or property and ways to avoid, minimize or mitigate any adverse effects shall be submitted as part of the application. A suitable buffer area as determined by the Community Preservation Committee shall be established on all sides of each historic resource.

(9) Decommissioning plan. The applicant shall submit with its application a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of the facility. The owner or operator of the BESS shall notify the Inspector of Buildings and the Boxford Fire Chief in writing at least 20 days prior to when the BESS will be decommissioned. Decommissioning of an abandoned or discontinued BESS shall be completed within six months after the facility ceases operation. The decommissioning plan shall include:

(a) A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all BESS components, structures, equipment, security barriers, and transmission lines from the site;

(b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

(c) The anticipated life of the BESS;

(d) The estimated decommissioning costs and how said estimate was determined;

(e) The method of ensuring that funds will be available for decommissioning and restoration;

(f) The method by which the decommissioning cost will be kept current;

(g) The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the BESS, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

(h) A listing of any contingencies for removing an intact operational BESS from service, and for removing a BESS from service that has been damaged by a fire or other event.

(10) Decommissioning fund. The owner and/or operator of the BESS shall continuously maintain a fund or other surety acceptable to the Town, in a form approved by the Zoning Board and Select Board, for the removal of the BESS, in an amount to be determined by the Town, for the period of the life of the facility. All costs of the financial security shall be borne by the applicant.

(11) Proof of liability insurance. The applicant or property owner shall provide evidence of commercial liability insurance in an amount and type generally acceptable in the industry and approved by the Zoning Board prior to the issuance of a BESS permit and shall continue such insurance in effect until such facility has been decommissioned, removed, and the site restored in accordance with this bylaw.

(12) Required elements of a BESS permit application.

(a) A site plan that in addition to that required by § 196-30 of the Zoning Bylaw includes a one- or three-line electrical diagram detailing the BESS layout, associated components, and electrical interconnection methods, with all State Electrical Code compliant disconnects and over current devices.

(b) A preliminary equipment specification sheet that documents the proposed BESS components and associated electrical equipment that are to be installed. A final equipment specification sheet including noise levels shall be submitted prior to the issuance of the permit.

(c) A description of the design, construction, and installation.

(d) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the BESS. Such information of the final system installer shall be submitted prior to the issuance of the permit.

(e) UL 9540A fire test data, evaluation information, calculations, and modeling data.

(f) Safety data sheets (SDS) that address response safety concerns and extinguishment.

(g) Commissioning plan. Such plan shall be compliant with NFPA 855 and require the verification and documentation that the BESS is in proper working condition and satisfies all applicable codes. The BESS commissioning shall be conducted by a Massachusetts licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the commissioning shall be provided to Building Inspector and the Boxford Fire Department prior to final inspection and approval and maintained at an approved on-site location.

(h) Operation and maintenance manual. Such plan shall describe continuing BESS maintenance and property upkeep. Maintenance provisions will be driven by manufacturer requirements for the specific listed system.

(i) Engineering documents must be signed and sealed by a Massachusetts licensed professional engineer.

(13) Emergency operations plan. An emergency operations plan compliant with NFPA 855 is required. A copy of the approved emergency operations plan shall be given to the system owner, the local fire department, and local fire code official. For so long as the BESS is operational, the operator shall provide the Fire Department, Police Department, Inspector of Buildings, and Town Administrator's office with contact information for personnel that can be reached 24 hours per day every day, and this contact information shall be updated by the operator whenever there is a change in the information. The operator shall also be required to have an official representative be present onsite not later than two hours after notification by the Fire Chief, Police Chief, or their designee. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:

(a) Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe startup following cessation of emergency conditions.

(b) Procedures for inspection and testing of associated alarms, interlocks, and controls, including time intervals for inspection and testing.

(c) Procedures to be followed in response to notifications from the BESS that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.

(d) Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.

(e) Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.

(f) Procedures for safe disposal of battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.

(g) Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders.

(h) Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

(i) Explosion control mitigation plan.

(14) Ownership changes. If the owner of the BESS changes or the owner of the property changes, the special permit shall remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the special permit, site plan approval, and decommissioning plan. A new owner or operator of the BESS shall notify the Inspector of Buildings and the Boxford Fire Department in writing of such change in ownership or operator within 14 days of the ownership change.

(15) Abandonment. The BESS shall be considered abandoned when it ceases to operate consistently for more than six months. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, after compliance with any applicable state and federal constitutional requirements, enter the property and utilize the available bond and/or security for the removal of the Tier 2 BESS and restoration of the site in accordance with the decommissioning plan.