A.
Meeting housing objectives.
(1)
In order to assure that new residential development
will, at minimum, meet its own share of providing for the diversity
and balance of housing in Williamstown, the following shall be complied
with by all major residential developments of 10 or more dwelling
units:
(a)
At least 10% of the housing units shall be affordable
to households having incomes not exceeding 100% of the then-current
median income for non-Metropolitan Berkshire County, as estimated
by the HUD Regional Economist; or
(b)
An alternative effort approved by the Planning
Board shall be made, determined by the Board to make no less contribution
than the above towards meeting the goal of economically balanced development.
(c)
Continuing affordability shall be assured for
at least 25 years through means enforceable by the Town.
(2)
"Affordable" shall mean having a cost for rent, excluding
utilities, not exceeding 30% of income or having a purchase price
supportable at a given income under then-prevailing underwriting guidelines,
given not more than a 5% down payment.
(3)
Fractional requirements of 0.5 dwelling units or more
shall be rounded to the next higher number, others being rounded downward.
B.
Flexible development. At the owner's option, any parcel
may be divided into not more than eight lots, whether a subdivision
or not, and built upon under the following alternative area and frontage
requirements:
(1)
Frontage. The average frontage for all building lots created shall be no smaller than the minimum required under § 70-4.3, but individual lots may have frontage of as little as 2/3 that requirement.
(2)
Lot area. Individual lot area may be as little as 1/2 that required at § 70-4.3, except that lots relying upon on-site water supply and/or sewage disposal shall have lot area of not less than 10,000 square feet, and no lot shall have lot area of less than 7,500 square feet.
(3)
Number of lots.
(a)
The total number of building lots created from any parcel shall be no larger than the number which reasonably could be expected to be built upon in consideration of how much of the land is actually buildable, and in compliance with § 70-4.3 and all other applicable zoning, subdivision and health requirements.
(b)
That number shall be determined at the applicant's option either by a registered land surveyor's certification of the number obtained by dividing 80% of lot area (see definition, § 70-9.2) by the lot area required for a single-family dwelling at § 70-4.3; or by the Planning Board, based upon review of a sketch conventional plan submitted by the applicant showing division in compliance with § 70-4.3.
(4)
Open space. At least 20% of the lot area of the premises
being divided shall be restricted from building through limitations
established on the plan.
(5)
Endorsement. The plan creating the lots shall be endorsed
by the Planning Board as "Approved for Flexible Development."
(6)
Limitation. No further increase in the number of lots
shall be allowed through subsequent land division.
C.
Major residential development.
(1)
Applicability. Major residential development (see definition, § 70-9.2) is allowed only on special permit from the Planning Board. Such special permits shall be acted upon in accordance with the following, except for multifamily development proposed subject to § 70-7.1G or other specific authorization in this chapter. In addition, smaller developments may, at the owners option, be considered as if a major residential development and employ the following provisions.
(2)
Procedures. Applicants for major residential development
shall file with the Planning Board four copies of the following:
(a)
A development plan conforming to the requirements for a preliminary subdivision plan under the Chapter 170, Subdivision Rules and Regulations of the Planning Board. Such plan shall also indicate wetlands and groundwater recharge potential, as shown on Town mapping or, at the applicant's option, as determined through individual project analysis. Topography shall be shown at two-foot intervals, except that the Planning Board may authorize ten-foot intervals in such areas as steep slope or where physical change is not proposed.
(b)
Other submittals required under other sections of this chapter. Note in particular those required for major projects, which include all major residential development. Those include documentation referenced in Article V, Development Standards, of the Williamstown Zoning Bylaw.
[Amended 5-17-2011 ATM, Art. 34]
(3)
Flexible development. The Planning Board may authorize flexible development within a major residential development, subject to the following in lieu of the requirements of § 70-7.1B, Flexible development.
(a)
Lots having reduced area or frontage are not
limited in number to eight, but shall not have frontage on a street
other than one created by the subdivision involved.
(b)
Each lot shall contain not less than 1/2 that lot area required at § 70-4.3 and have frontage of not less than 50 feet, except that lots relying upon on-site water supply and/or sewage disposal shall have lot area of not less than 10,000 square feet, and no lot shall have lot area of less than 7,500 square feet.
(c)
At least 20% of the lot area of the premises
being divided or developed shall be reserved as open space which shall
be either conveyed to the Town or its Conservation Commission or,
if held by some other body (e.g., held in common by owners within
the development or conveyed to a nonprofit conservation organization),
shall be covered by a recorded restriction enforceable by the Town,
provided that such land shall be permanently kept in an open state
and responsibly maintained.
(4)
Number of lots and dwelling units.
(a)
The basic maximum number of lots or dwelling
units allowed shall equal the number of building lots for single-family
development which could reasonably be expected to be developed on
that parcel under a conventional plan in full conformance with zoning,
subdivision regulations, health codes and other applicable laws and
regulations, as determined by the Planning Board.
(b)
Where the basic maximum number of lots is not
otherwise clear, the applicant shall be required to submit a sketch
conventional plan to assist in the determination. The determination
of the basic maximum is an administrative act, which may be appealed
to the Board of Appeals by any party having standing, as provided
at MGL C. 40A, § 8.
(c)
Increase over basic maximum number of dwelling
units.
[1]
The Planning Board may approve a major residential
development containing more than the basic maximum number of dwelling
units, upon the Board's determination that the proposed development
provides public benefits or amenities through open space reservation
or efforts at housing affordability. The increase over the basic maximum
number of dwelling units allowed shall normally be equal to:
[a]
The number of units (up to 25%
of the basic maximum) for which there is assurance for at least 20
years through covenant, repurchase agreement or other means enforceable
by the Town, that the unit will be sold or leased at costs and with
income eligibility limits meeting the guidelines of state or federal
housing assistance programs, such as the MHFA Home Mortgage Loan Program;
plus
[b]
The number of units (up to 25%
of the basic maximum) which could otherwise reasonably have been expected
to be developed on land to be restricted under a conservation restriction
or deeded to the Town or its Conservation Commission, provided that
such land is either:
[i]
Land abutting and within 200 feet
of a street other than one created by the subdivision, or
[ii]
Land determined by the Planning
Board, following consultation with the Conservation Commission, to
be of special resource value because of special habitat, fragile terrain,
visual importance or other quality which distinguishes it from land
in the district generally.
[4]
In no event, however, shall the
Planning Board allow an increase (including transfers as provided
below) to the extent that overall density is more than 50% higher
than allowable by right.
[5]
Calculations resulting in fractional
units of 0.5 or more shall be rounded to the next larger number, while
others shall be rounded downward.
(5)
Multifamily development. Multifamily dwellings may be allowed in a major residential development. Unless in a district where multifamily development is allowed subject to § 70-7.1E and unless developed in accordance with that section, multifamily development shall comply with the following:
(a)
To assure internal diversity and continuity
with surrounding development, single-family and two-family dwellings
are allowed within a multifamily development.
[Amended 5-17-2011 ATM, Art. 30]
(b)
To maintain the visual scale of the community,
each dwelling unit shall have its own exterior entrance and three
exposures; there shall be not more than four dwelling units in any
structure; multifamily structures shall be clustered in groups, with
not more than 16 dwelling units in any group, and with buildings within
groups separated from each other by not less than twice the required
side yard.
[Amended 5-17-2011 ATM, Art. 30]
(c)
Visual separation from nearby premises shall
be assured through providing yards of double the usually required
dimension between any multifamily structure or parking area for six
or more cars and the boundaries of the major residential development.
(d)
To assure environmental benefit from the compact
form which this type of development facilitates, not less than 35%
of the site area shall be retained in a vegetated state, either held
in common by the owners of units in the development or deeded to a
not-for-profit conservation organization, in either case subject to
a conservation restriction, or alternatively deeded to the Town.
(6)
Agricultural protection incentive. In order to benefit
the Town through the visual, economic and ecological benefits of preservation
of agricultural use of land, and to benefit owners of land well-suited
to agriculture, the following optional procedure may be followed by
owners of eligible land if they so choose:
(a)
Land assessed under MGL C. 61A may be designated
"agricultural protection land", and may be included within a major
residential development application by reference, whether or not contiguous
with or in the same ownership as other land within such application.
(b)
Such land shall be included in calculating the basic maximum number of dwelling units determined under § 70-7.1C(4). However, the number of allowable units determined for such land shall be multiplied by two in determining the total number of units allowed in the overall major residential development, provided that all such agricultural protection land is made subject to a perpetual conservation restriction to be granted to the Conservation Commission, prohibiting nonagricultural development, with the result that the units authorized will actually be constructed on the nonagricultural portions of the development.
(c)
In approving such transfer of development rights,
the Planning Board must make the determination that the impacts of
increased density on the developed parcel are balanced by the absence
of development on the preserved parcel, considering such things as
streets and utilities which service both parcels.
(7)
Decision. The Planning Board shall approve or approve
with conditions a special permit for major residential development,
provided that the Board determines that the plan complies fully with
the requirements of this chapter, and is on balance more beneficial
to the Town than the development likely without such approval, taking
into consideration the following, among other concerns:
(a)
Preservation of natural resources, especially
in relatively large-scale contiguous areas.
(b)
Protection of visual character by having open
spaces which are visible from major roads.
(c)
Reduction in length of publicly maintained road
and utility per dwelling unit served.
(d)
Location of development on sites best suited
for such and avoiding environmentally fragile locations.
(e)
Protection of major street appearance and capacity
by avoiding development close to or egressing directly onto such streets.
(f)
Contribution to meeting housing needs.
(8)
Development timing. As a condition of its approval,
the Planning Board may require a development schedule limiting the
rate of development for the premises, taking into consideration the
intent of avoiding large year-to-year variations in Town-wide development
rate while allowing development consistent with historic average rates,
and also taking into consideration the housing needs which the development
will serve, the housing cost and feasibility consequences of the limitation
and the ability of the Town to timefully provide needed services to
the site. In no event shall a development be limited to fewer than
16 lots or dwelling units per year, or be obliged to spread development
out over more than eight years.
(9)
Limitation. No further increase in the number of lots
shall be allowed through subsequent land division.
D.
Detached accessory dwellings.
[Amended 5-17-2005 ATM, Art. 27; 5-15-2012 ATM, Art. 30; 5-21-2019 ATM, Arts. 32, 33]
(1)
Purpose and intent.
(a)
Increase the number of small dwelling units available in Town;
(b)
Increase the range of choice of housing accommodations;
(c)
Encourage greater diversity of population with particular attention
to young adults and senior citizens while being more affordable to
a wider range of households;
(d)
Encourage a more economic and energy-efficient use of the Town's
housing supply while maintaining the appearance and character of the
Town's single-family neighborhoods; and
(e)
Give renewed purpose to previous underutilized accessory buildings.
(2)
Conditions and requirements; general.
(a)
A detached accessory dwelling unit shall be subordinate in size
to the principal dwelling unit on a lot.
(b)
There shall be no more than one detached accessory dwelling
unit per lot.
(c)
A detached accessory dwelling unit may be constructed on a parcel
containing a two-family dwelling only if the two-family dwelling has
been in existence for at least five years.
(d)
The principal building on a parcel containing a detached accessory
dwelling unit shall not be eligible for conversion from a single to
a two-family dwelling for at least five years following the issuance
of a certificate of occupancy for the detached accessory dwelling.
(3)
Conditions and requirements; appearance. A detached accessory dwelling
unit shall be designed to maintain the appearance and essential character
of the neighborhood.
(a)
Customary residential accessory activities (e.g., use as a barn,
garage, shed, etc.) shall be permitted in addition to a detached accessory
dwelling unit. Such structures shall not count towards the following
floor area restrictions.
(b)
A detached accessory dwelling unit shall be limited to 900 square
feet gross floor area and may be increased to 1/3 of the gross floor
area of the principal dwelling on the lot if it is larger but in no
instance exceed 1,200 square feet gross floor area.
(c)
No unenclosed stairs shall be located on any street-facing side
of the building.
(d)
The detached accessory dwelling unit shall require one parking
space.
E.
Elderly housing. In districts where authorized in § 70-3.3, Use Regulation Schedule, new buildings for the elderly containing more than one but not more than 48 dwelling units may be allowed on special permit, provided that the following are complied with:
(1)
Operation and occupancy.
(a)
The building or group of buildings is operated
by a nonprofit organization or a limited dividend corporation (approved
by the Williamstown Housing Authority). For the purpose of this section,
a nonprofit group shall mean the Williamstown Housing Authority or
a corporation, foundation or other organization not organized for
profit which qualifies for state and federal aid for nonprofit housing
and which pays real estate taxes to the Town or equivalent payment
in lieu thereof. Further for the purpose of this section a limited
dividend corporation is a nonpublic body eligible to receive a subsidy
from a federal or state agency to construct housing for the elderly.
(b)
The dwelling units shall be for occupancy by
a family unit consisting of one or more persons at least 1/2 of whom
are 62 years of age or older.
(2)
Basic design guidelines. Provisions of § 70-7.1G, Other multifamily housing, must be complied with, except as noted therein.
(3)
Special spaces.
(a)
Interior community spaces for recreation and
group purposes shall be equal to at least 25 square feet per unit.
(b)
An outdoor area of at least 20 square feet per
unit is available to the occupants for individual gardens and a south-facing
exterior area receiving at least three hours of direct sunlight daily
of at least 150 square feet per unit for sitting with tables and chairs
as well as similar area of ten 10 square feet per unit which is protected
from the sun.
(4)
Other design requirements.
(a)
The front yard, side yard and rear yard shall
assure privacy on the site.
(b)
A ramp at every place on the site where it is
deemed necessary by the Planning Board shall be provided.
(c)
A canopy to the entrance drive from the door
of a building requiring an elevator shall be installed.
(d)
On-site standby power for emergency illumination purposes shall be provided. There shall be supplementary heating in the community space provided in Subsection E(3)(a).
(e)
Adequate lighting for all exterior walkways
shall be provided.
(f)
Exemptions from provisions of this chapter are
allowed for housing for the elderly as follows:
[2]
Site area constructed or reserved for off-street parking spaces required by § 70-6.1 shall be reduced to that sufficient for one space per dwelling unit. The number of spaces to initially be constructed is to be determined by the Planning Board, but shall not be less than one space per two units.
F.
Assisted living residence. Assisted living residences,
either new construction or conversion of existing buildings, may be
permitted by special permit from the Board of Appeals.
(1)
Dimensional requirements for new construction. Assisted
living residence uses shall be subject to the following additional
dimensional requirements:
(b)
[1]
Editor's Note: Former Subsection F(1)(b),
providing for front and side yards, and former Subsection F(1)(d),
regarding building height, were repealed 5-18-1999 ATM, Art. 29. Said
article also provided for the redesignation of former Subsection F(1)(c)
and (e) as Subsection F(1)(b) and (c), respectively.
(c)
[2]Parking areas shall be located so that not more than 1/4
of all parking provided is located closer than the front line of the
building furthest from the street.
[2]
Editor's Note: Former Subsection F(1)(b),
providing for front and side yards, and former Subsection F(1)(d),
regarding building height, were repealed 5-18-1999 ATM, Art. 29. Said
article also provided for the redesignation of former Subsection F(1)(c)
and (e) as Subsection F(1)(b) and (c), respectively.
(2)
Dimensional requirements for conversions of existing
buildings. Conversions of existing buildings to assisted living residence
uses shall be subject to the additional dimensional requirements:
(a)
(b)
[3]
Editor's Note: Former Subsection F(2)(b),
providing for front and side yards, and former Subsection F(2)(e),
regarding building height, were repealed 5-18-1999 ATM, Art. 29. Said
article also provided for the redesignation of former Subsection F(2)(c)
and (e) as Subsection F(2)(b) and (c), respectively.
(c)
[4]Parking areas shall be located so that not more than 1/4
of all parking provided is located closer than the front line of the
building furthest from the street.
[4]
Editor's Note: Former Subsection F(2)(b),
providing for front and side yards, and former Subsection F(2)(e),
regarding building height, were repealed 5-18-1999 ATM, Art. 29. Said
article also provided for the redesignation of former Subsection F(2)(c)
and (e) as Subsection F(2)(b) and (c), respectively.
(3)
Accessory uses.
(a)
Garages for resident vehicles and common use
vehicles owned by the operating entity.
(b)
A single-story building to house snow removal,
lawn, maintenance and recreational equipment. Such building shall
not exceed 3,000 square feet in gross floor area.
(c)
Outdoor swimming pools, tennis and other recreational
courts, playing fields, gardens and residential greenhouses of not
more than 250 square feet, covered and uncovered sitting areas.
(4)
Nonresidential uses. The operator of an assisted living
residence may also provide optional services on the site, including,
but not limited to, local transportation, barber/beauty services,
sundries for personal consumption and other similar amenities, provided
that:
(a)
Such uses serve the residents, their guests
and employees of the assisted living residence only;
(b)
Such uses are conducted within and may be entered
only from within a principal building;
(c)
There is no external evidence (including signs)
of such uses visible beyond the site;
(d)
The appearance and character of the nonresidential
uses are compatible with the residential development; and
(e)
Such uses are accessory uses to the principal
assisted living residence use.
G.
Other multifamily development. In districts where authorized in § 70-3.3, Use Regulation Schedule, new dwellings containing more than four but not more than 16 dwelling units may be authorized on special permit, provided that the following are complied with:
[Amended 5-19-2015 ATM,
Art. 38; 5-16-2023 ATM, Arts. 22,
23]
(1)
Basic site characteristics.
(a)
The minimum lot area shall be 10,000 square feet per dwelling unit for structures each containing up to five dwelling units, 7,000 square feet per dwelling unit for structures each containing six or more dwelling units. For elderly housing under § 70-7.1E, required lot area may be reduced to 2,000 square feet per dwelling unit, provided that the housing is constructed on a site of at least three acres.
(b)
Lot frontage must equal 100 feet for the first unit on the lot plus 20 feet per dwelling unit after that, up to a maximum requirement of 500 feet. For elderly housing under § 70-7.1E that requirement may be reduced to 200 feet, provided that there are separate entrance- and exitways.
(c)
Each structure shall be connected to Town water
or to a water supply certified to be suitable by the Williamstown
Board of Health.
(d)
Each dwelling unit shall be connected to the
Town sewerage system.
(e)
On Soil Associations A and D - G as shown on
the Soil Association Map, dated 1963, prepared by the United States
Soil Conservation Service on file with the Planning Board, the applicant
must provide evidence that the site is satisfactory.
(f)
The dwelling units shall not be contained in
a building used as a single-family dwelling at the time of the adoption
of this section of the chapter.
(2)
Site design and development.
(a)
Parking. All off-street parking as required under § 70-6.1 shall be in the rear of the buildings unless specifically approved otherwise with the site plan. No more than 50 spaces shall be allowed in any one parking lot, and each parking lot shall be adequately screened from view from any exterior street by landscaping meeting the requirements of § 70-5.4B(3). Parking spaces shall be delineated, and wheel stops or bumpers shall be placed at the head of each space. No parking spaces shall be located within 30)feet of a building used for residential purposes. For each 250 square feet of parking space placed within an enclosed structure, the gross floor area devoted to multifamily dwellings may be increased by 100 square feet. If all the required parking area for a building containing dwelling units is enclosed within that building, the height regulation of § 70-4.1 shall be raised by 10 feet for that building.
(b)
Landscaping.
[1]
All areas not covered by pavement, curbing or
structures such as, but not limited to, walkways, parking areas, access
roads and paths and playing areas used for court games, shall have
appropriate landscaping of grass, shrubbery, trees, flowers or suitable
ground cover indigenous to the area.
[2]
Adjacent to and for the length of each exterior wall of each principal building, there shall be a three-foot wide area landscaped with bushes, shrubbery, hedge or trees, or other perennial foundation planting indigenous to the area. Adjacent to and for the length of each lot line there shall be a landscaped buffer strip of 30 feet in width containing landscaping meeting the requirements for district boundary planting area at § 70-5.4B(3)(d). This screening should not obstruct a view of oncoming traffic when entering or exiting from the property. All such landscaping shall be indicated on the site plan required by § 70-8.2B.
(c)
Building spacing. If there is more than one such structure on a lot of record, there shall be at least 40 feet between each structure. The only exception shall be that no more than three buildings may be interconnected by a covered walkway or breezeway for reasons of convenience and shelter from the elements. Such walkway shall not be constructed in such manner as, in the opinion of the Planning Board, to impair the services to the buildings by emergency vehicles or equipment. Such buildings so interconnected shall be deemed as separate and individual buildings for the purpose of administering Chapter 170, Subdivision Rules and Regulations.
(d)
Trash. There shall be a satisfactory design
and location of collection points for solid waste recovery and for
disposal of garbage and trash, adequately screened for reasons of
health and safety as determined by the Planning Board and the Board
of Health.
(e)
Utilities and lighting. All existing or proposed
utilities shall be installed underground at the time of initial construction.
Lighting facilities, whether placed along service drives, in parking
areas or on the exterior of buildings, shall be so arranged that they
do not cause illumination in excess of 1/2 of a footcandle at any
point vertically above the property line or upon any window surface
of a building or buildings used for dwelling purposes.
(3)
Open space.
(a)
Amount required. There shall be 1,500 square feet of usable common open space per dwelling unit (1,000 square feet for elderly developments under § 70-7.1E). Usable common open space shall mean areas left substantially in a natural state or improved by such landscaping as required in Subsection G(2)(b) and primarily designed and intended for the active and passive recreation of the occupants of the dwellings. Usable common open space shall not include street rights-of-way, open parking or service areas, driveways, easements for aboveground utilities, required minimum front yards or any other land deemed unsuitable by the Planning Board for reasons of excessive slope or poor drainage.
(b)
Public access. In case of public open space
dedicated in fee to the Town, such open space shall be maintained
as public land, accessible to the public. This shall not preclude
the Town from refusing to accept such land without a favorable report
from the Planning Board.
(c)
Rental responsibility. In cases of rental property,
the owner shall, for reasons of health, safety and convenience of
the residents, assume the responsibility for maintaining the open
space.
(d)
Homeowners' association. In cases of the sale
of individual units as in a condominium, there shall be included in
the deed a requirement obligating the purchasers to join in a homeowners'
association, and by paying assessments to the association, to support
the maintenance of the common open space. The organization of such
homeowners' association shall be on file with the Town Clerk, along
with an annual report, including the names of officers, to be submitted
to the Town Clerk by February 15 of each year.
(4)
Building design.
(a)
Exposures. Each dwelling unit shall have three exposures, except only one is required for elderly developments under § 70-7.1E.
(b)
Egress. A secondary exit shall be available
to each family unit above the first floor consisting of an exterior
stairway, or a fire escape of noncombustible construction when approved
by the Building Commissioner, with access to the street or a second
interior enclosed stairway.
I.
Mobile homes and campers. No area shall be occupied
or used by a mobile home or camper for a total time in excess of 30
days during any one calendar year, with the following exceptions:
(1)
Campers owned by the occupant of the premises may
be stored in the side or rear yard when not in use.
(2)
Mobile homes may be located and occupied in a duly
established mobile home park conforming to the regulations governing
mobile home parks in Williamstown adopted by the Board of Selectmen
acting as the Board of Health, or as such regulations may from time
to time be amended by the Board of Selectmen acting as the Board of
Health.
(3)
The owner or occupier of a dwelling which has been
destroyed by fire or other holocaust may reside in a mobile home on
the site of such dwelling for up to 12 months while the dwelling is
being rebuilt.
J.
Minor lane residential development.
(1)
Applicability. The Planning Board may issue a special permit for a minor lane residential development if it determines, in addition to the requirements of § 70-8.4, that the minor lane residential development better serves the Town than a lane built under Chapter 170, Subdivision Rules and Regulations, and Chapter 113, Road Construction Standards, considering whether the use of minor lane requirements shall:
(a)
Decrease the number of driveways entering Town
streets.
(b)
Be a special value because of characteristics
of the terrain vulnerable to damage from paved or wider streets.
(c)
Encourage infill housing in the case of General
Residence Districts.
(d)
Provide superior protection for the natural
environment, including trees, outstanding rock formations and other
features.
(e)
Encourage clustering and preservation of open
space in the Rural Residence Districts.
(2)
Limitations.
(a)
Lot sizes for lots fronting on minor lanes shall
not be larger than two times the district minimum for Rural Residence
2 and 3, and three times the district minimum for General Residence.
[Amended 5-21-2013 ATM,
Art. 35]
(b)
Minor lanes must connect directly with a street
over land in the same ownership as the parcel to be divided.
(c)
The frontage provided by the minor lane shall
be used to create not more than three lots for single-family dwelling
use, and shall provide access for no more than three total lots.
(d)
Minor lanes shall not connect with each other,
or connect with any two streets.
(e)
The parcel of land subdivided under this provision
shall not be contiguous with other property subdivided under minor
lane residential development requirements if at any time subsequent
to May 18, 1993 (effective date of this provision), that property
has been in common ownership or interest with that proposed for subdivision.
(f)
No land within a minor lane residential development may be further subdivided until the lane is improved to meet the applicable public roadway construction standards of Chapter 170, Subdivision Rules and Regulations, then in effect.[5]
[5]
Editor's Note: Original Section 7.1.9.2, Subsection
7, was deleted 5-17-1994 ATM, Art. 30.
(h)
Minor lanes shall not be maintained by the Town.
All special permits issued for minor lane residential development
shall contain a condition requiring maintenance of the lane to be
the responsibility of the lot owners.
K.
[6]Cable Mills Redevelopment District - Multifamily Housing
Development. Multifamily development, by new construction or the conversion
of an existing historic building, may be authorized by special permit
provided the following are complied with:
[Added 5-15-2007 ATM, Art. 32]
(1)
Basic requirements.
(a)
Floor area ratio. Density in the district shall
be controlled through a ratio of the gross floor area within buildings
on a lot to the lot area of that lot. This ratio shall not be lower
than .50 or higher than 2.50.
[Amended 11-14-2017 STM,
Art. 8]
(b)
Open space. The Riverwalk, as defined by the
Town's Community Preservation Act grant agreement, and areas in a
substantially natural state surrounding the Riverwalk shall be maintained
in perpetuity as open space for the benefit of the users of the district.
[Amended 11-14-2017 STM,
Art. 8]
(c)
Utilities. All buildings shall be connected to Town water and sewer. All utilities shall be underground, in accordance with the development standards of Chapter 170. There shall be satisfactory design and location of collection points for rubbish and recyclables.
(d)
Nonresidential uses. Nonresidential uses are
permitted in multifamily buildings on the first floor and are subject
to the requirements of Table 7.6. There are no open space or lot area
requirements for nonresidential uses.
(e)
Building design. Existing buildings shall retain
their original nineteenth-century architecture. New construction shall
be consistent with existing buildings in the Water Street Neighborhood.
No unenclosed exterior stairways above the first floor shall be permitted.
(f)
Minimum floor area. Minimum gross floor area
for dwelling units shall not be less than 700 square feet.
(g)
Parking. Off-street parking shall comply with § 70-6.1 for number of parking spaces and parking lot development.
(h)
Smokestack. The existing smokestack shall be
retained as a historic architectural feature.
(i)
Affordable unit set aside.
[1]
Not less than 10% of the dwelling units shall
be affordable, defined as 80% of the then-current median household
income of nonmetropolitan Berkshire County, as estimated by the HUD
Regional Economist.
[2]
The distribution of affordable units shall be
proportional across the total number of units according to number
of bedrooms, size, quality, and location.
[3]
Continuing affordability shall be assured for
at least 30 years through means enforceable by the Town.
[6]
Editor's Note: Former Subsection K, Station
Mill Redevelopment District - Multifamily Housing Development added
5-18-2004 ATM, Art. 28, was repealed 5-15-2007 ATM, Art. 29.
L.
Cottage housing developments. A parcel may be developed as a cottage
housing development (CHD) comprising no fewer than four and no more
than 12 cottages.
[Added 5-23-2024 ATM, Art. 39]
(1)
COMMON AREA
COMMON OPEN SPACE
COTTAGE
FOOTPRINT
Definitions.
An area consisting of common open space, which may include
a shared-use structure.
An area improved for passive recreational use or gardening.
The gross floor area of a structure's conditioned ground-level
story.
(2)
Dimensional requirements.
(a)
The minimum lot area for a CHD shall be 14,000 square feet.
(b)
Impervious surfaces may not exceed 40% of the CHD's total
area. If a CHD is located within an overlay district with a more restrictive
impervious surface requirement, the overlay district's requirement
shall apply.
(c)
Yard requirements.
[1]
Structures within the CHD lot shall meet the dimensional standards of the Dimensional Schedule § 70-4.3 with respect to neighboring properties.
[2]
All cottages shall have a five-foot front setback from neighboring
structures within the CHD.
[3]
All cottages shall be a minimum of eight feet from other cottages.
(d)
The maximum density shall be one cottage per 3,500 square feet
of lot area.
(3)
Common area.
(a)
A common area of at least 400 square feet per cottage is required.
(b)
The common area may include a shared-use structure with a maximum
footprint of 25% of the total common area or 800 square feet, whichever
is less. The remainder of the common area must be contiguous open
space, with no edge less than 20 feet in length. There may be a maximum
of three common areas within a CHD, providing that each one complies
with all the requirements for a common area.
(c)
At least 75% of the cottages shall abut common open space. The
common area shall have cottages abutting at least two sides. Every
common area must have at least three abutting cottages. All of the
cottages shall be within 60 feet walking distance of a common open
space.
(4)
Design requirements.
(a)
All structures in CHDs shall be limited to 18 feet in height.
(b)
The ridge of pitched roofs may extend up to 25 feet. All parts
of the roof above 18 feet shall be pitched at no less than 6/12 and
no greater than 12/12.
(c)
The main entrance of each cottage shall face the common area
and have a covered porch of at least 64 square feet and no side less
than seven feet in length.
(d)
Each unit shall have access to enclosed storage space of at
least 40 and no more than 100 square feet, which may be in an exterior
attached or unconditioned detached storage space, or in a shared-use
structure in the common area.
(e)
Exterior lighting shall be downlighting type, and other than
porch lights, shall be limited to bollards with a height no greater
than three feet above grade.
(5)
Existing structure. An existing structure, which may be nonconforming
with respect to the standards of this Subsection, shall be permitted
to remain on the parcel as follows:
(a)
Existing one- or two-family dwelling: An existing one- or two-family
dwelling may be incorporated in the CHD but the extent of nonconformity
may not increase.
(b)
Other existing structures: Any other type of existing structure
that is not a one- or two- family dwelling and is not a commercial
building may remain on site and be utilized for common area or storage
requirements.
(6)
Parking.
(a)
Parking shall be on the same property as the CHD.
(b)
The CHD shall provide one assigned parking space per dwelling
unit, plus an additional parking space for every three dwelling units.
(c)
Parking may be in or under a structure or outside a structure, provided that it is adequately screened from direct street view, by one or more street facades, garage doors, fencing, or landscaping, meeting the requirements of § 70-5.4B(3). Parking may not be located in the required front yard.
(d)
Common parking areas shall have no more than five spaces in
a row without a break equal to the size of one parking space.
(e)
One parking space per unit in alleys between cottages is permitted.
(7)
Short-term rentals.
(a)
For the purposes of cottage housing developments, "short-term
rentals" shall be defined as the rental of a whole or a portion of
a cottage, in exchange for payment, as residential accommodations
for not more than 30 consecutive days.
(b)
No cottage in a cottage housing development may be used as a
short-term rental for more than 90 cumulative days in a calendar year.
This limitation shall not apply to individual bedrooms offered for
short-term rental when the owner is residing within the cottage at
the time of the rental.
(c)
In the event there is a conflict between a provision of this
subsection ("Short-term rentals") and any other provision in the Code
of the Town of Williamstown regulating short-term rentals, the provision
outside of this subsection shall control.
A.
Local crafts. Products indigenous to the Berkshires, or to the arts or to handicraft industries (such as handloomed fabrics, hand-blown glass, pottery, paintings) or specialty food products (such as baked goods or candy) may be manufactured on the premises and sold at retail or wholesale in districts as indicated in § 70-3.3, provided that:
(1)
The only machinery on the premises shall be powered
by hand or motors of not more than five horsepower.
(2)
Instructional classes shall be limited to those in
connection with the manufacturing of products on the premises.
(3)
An agreement for maintenance of common areas, where
two or more uses occupy a structure, shall be filed with and approved
by the Board of Appeals as a condition of the special permit.
B.
Auto service facilities. Where so indicated in § 70-3.3, Use Regulation Schedule, gasoline service stations, garages and repair shops may be located, provided that the following are complied with:
(1)
Repairs shall be limited to minor repairs and adjustments
unless conducted in a building.
(2)
There shall be no storage of motor vehicles, appliances
and equipment on the premises other than those in process of repair
or awaiting delivery, or required in the operation of the service
station, garage or repair shop.
(3)
The area used to service, repair or store vehicles
shall be paved.
(4)
There shall be an area at least 15 feet deep between
the street line and the paved area which shall be separated from the
street by a curb, and which shall be seeded and landscaped except
at an entrance and exit which shall be at least 20 feet wide and at
least 50 feet apart, and further provided that there shall be only
one entrance and one exit for each 150 feet of street frontage.
(5)
The paved area shall be screened from all adjacent
lots (whether on the side or rear) by a strip 15 feet wide, densely
planted with shrubs or trees, which are at least three feet high at
the time of planting and are of the type which may be expected to
form a year-round dense screen at least five feet high within three
years. This screening should not obstruct a view of oncoming traffic
when entering or exiting from the property.
C.
Fund-raising. In all districts, special fund-raising
events, such as festivals, art shows, street dances, etc., which are
sponsored by a nonprofit organization shall be permitted, provided
that all necessary licenses have been obtained, the event is of less
than four days duration and no more than two such events are scheduled
by the same organization in one calendar year.
D.
Agriculture and related uses. Farming, horticulture, floriculture or viticulture, including raising and harvesting crops, truck gardening, pasturage, orchards and tree farming, are allowed on parcels of five acres or larger in all districts, and on smaller parcels as indicated in § 70-3.3, Use Regulation Schedule. Agricultural uses shall comply with the following:
(1)
No buildings shall be located within 100 feet of a
district not allowing that use.
(2)
Animals permitted to graze closer than 100 feet of
a district where their raising is not allowed shall be enclosed by
fencing.
(3)
Any logging equipment, spraying equipment or other
equipment necessary for orchards, nurseries, forestry and tree farms
shall be normally stored in an enclosure subject to the provisions
for location of farm buildings or is not visible from district or
property boundaries.
E.
Earth removal. The removal of earth, including soil,
loam, sand, gravel, clay, stone, quarried rock or other subsurface
products, except water, from land in the Town of Williamstown, except
when entirely incidental to or in connection with the construction
of a building, pool or street for which a permit has been granted,
or for which a development plan or subdivision plan has been approved,
must comply with the following:
(1)
Special permit required. A special permit from the
Board of Appeals is required prior to such removal. If more than 25
cubic yards of removal will take place in any one year, the applicant
shall file with the Board of Appeals a map or plan, prepared at the
expense of the applicant, showing the existing contours of the land,
the contours as they are proposed after the completion of operations
and a revegetation plan showing location and species of trees, shrubs
and other plantings, mulchings and other planting details and aspects
of revegetation, as prepared by a registered professional engineer
or landscape architect. Such map or plan shall be accurately drawn
on tracing cloth, Mylar or other suitable base material, the contour
interval being two feet and shall contain complete information to
make the physical characteristics clear.
(2)
Special permit conditions. A special permit granted
for the removal of sand, gravel, stone, quarried stone or loam shall
state the time within which work is to be carried on and finished,
the extent of operations to be permitted, temporary and permanent
drainage, and the predetermined grade to which the land shall be brought
at the completion of the operations, the amount of topsoil to be replaced
over cuts and the revegetation practices to be followed. It shall
require that, after completion of the operations, the land shall be
left in a usable condition.
(3)
Performance bond. The Board shall require a surety
company bond not to expire until restoration in accord with this subsection
is made, in the amount equal to the estimated cost of restorations
as estimated by a registered professional engineer or landscape architect
licensed to practice in the Commonwealth of Massachusetts.
F.
Personal wireless service facilities and towers.
[Added 5-19-1998 ATM, Art. 25]
(1)
Purposes. The purposes of this personal wireless service
facilities and towers section are to:
(a)
Preserve the character and appearance of the
Town while simultaneously allowing adequate personal wireless services
to be developed.
(b)
Protect the scenic, historic, environmental
and natural or man-made resources of the community.
(c)
Provide standards and requirements for regulation,
placement, construction, monitoring, design, modification and removal
of personal wireless service facilities.
(d)
Provide a procedural basis for action within
a reasonable period of time for request for authorization to place,
construct, operate or modify personal wireless service facilities.
(e)
Preserve property values.
(f)
Minimize the total number and height of towers
throughout the community.
(g)
Locate towers so that they do not have negative
impacts, such as, but not limited to, attractive nuisance, noise and
falling objects, on the general safety, welfare and quality of life
on the community.
(h)
Require owners of towers and personal wireless
service facilities to configure them so as to minimize and mitigate
the adverse visual impact of the towers and facilities.
(i)
Require tower sharing and the clustering of
personal wireless service facilities where possible.
(j)
Encourage regional planning and use.
(2)
Consistency with federal law. These regulations are
intended to be consistent with the Telecommunications Act of 1996
in that:
(a)
They do not prohibit or have the effect of prohibiting
the provision of personal wireless services.
(b)
They are not intended to be used to unreasonably
discriminate among providers of functionally equivalent services.
(c)
They do not regulate personal wireless services
on the basis of the environmental effects of radio frequency emissions
to the extent that the regulated services and facilities comply with
the FCC's regulations concerning such emissions.
(3)
Exempted wireless telecommunications uses. This section
specifically exempts the following wireless telecommunications facilities:
police, fire, ambulance and other emergency dispatch; amateur (ham)
radio; citizens band radio; any existing commercial radio tower; radio
dispatch services for local businesses. No personal wireless service
facility shall be considered exempt from this section for any reason
whether or not said facility is proposed to share a tower or other
structure with such exempt uses.
(4)
Provisions of independent consultants.
(a)
Upon submission of an application for a special
permit under this section, the SPGA shall hire independent consultants
whose services shall be paid for by the applicant(s). These consultants
shall each be qualified professionals with a record of service to
municipalities in one of the following fields:
(b)
The SPGA shall select the independent consultant(s)
after consultation with the Planning Board, which may propose a list
of qualified candidates.
(5)
Prohibition of teleports. There shall be no teleport(s)
within the Town of Williamstown.
(6)
Application requirements:
(a)
No tower or personal wireless service facility
shall be erected, constructed or installed, excepting work that is
determined to be an eligible facilities request as defined by this
chapter without first obtaining a special permit from the SPGA. One
or both of two kinds of special permits are required:
[Amended 5-20-2014 ATM,
Art. 36]
[1]
For new tower construction (or major modification
of an existing tower); or
[2]
Personal wireless service facilities (or major
modification of an existing facility) to be mounted on an existing
or newly permitted tower or structure.
|
If the applicant is applying for both permits,
they shall be submitted and examined concurrently.
|
|
(c)
|
Eight copies of the following additional information
must be submitted:
| |||
|
[1]
|
Adequate coverage, adequate capacity and justification
of need:
| |||
|
[a]
|
The applicant shall provide written documentation
of any facility sites in Williamstown, in abutting towns and in Florida,
Massachusetts, in which it has a legal or equitable interest, whether
by ownership, leasehold or otherwise. From each such facility site,
it shall demonstrate with written documentation that these facility
sites are not already providing, or do not have the potential by adjusting
the site to provide, adequate coverage and/or adequate capacity to
the Town of Williamstown. The documentation shall include, for each
facility site listed, the exact location (in longitude and latitude,
to degrees, minutes and seconds), ground elevation, height of tower
or structure, type of antennas, antenna gain, height of antennas on
tower or structure, output frequency, number of channels, power input
and maximum power output per channel. Potential adjustments to these
existing facility sites, including changes in antenna type, orientation,
gain, height or power output shall be specified. Radial plots from
each of these facility sites, as they exist, and with adjustments
as above, shall be provided as part of the application.
| |||
|
[b]
|
The application shall demonstrate with written
documentation that the applicant has examined all facility sites located
in Williamstown, in abutting towns and in Florida, Massachusetts,
in which the applicant has no legal or equitable interest, whether
by ownership, leasehold or otherwise to determine whether those existing
facility sites can be used to provide adequate coverage and/or adequate
capacity to the Town of Williamstown. The documentation shall include,
for each facility site examined, the exact location (in longitude
and latitude, to degrees, minutes and seconds), ground elevation,
height of tower or structure, type of antennas proposed, proposed
antenna gain, height of proposed antennas on tower or structure, proposed
output frequency, proposed number of channels, proposed power input
and proposed maximum power output per channel. Radial plots from each
of these facility sites, as proposed, shall be provided as part of
the application.
| |||
|
[c]
|
The applicant shall demonstrate with written documentation that they have analyzed the feasibility of repeaters in conjunction with all facility sites listed in compliance with Subsection F(6)(c)[1][a] and [b] above to provide adequate coverage and/or adequate capacity to the Town of Williamstown. Radial plots of all repeaters considered for use in conjunction with these facility sites shall be provided as part of the application.
| |||
(b)
Required documentation:
[1]
Eight copies of all submittals and showings
pertaining to FCC licensing, environmental impact statements, FAA
Notice of Construction or Alteration, aeronautical studies and all
data, assumptions and calculations relating to service coverage and
power levels regardless of whether categorical exemption from routine
environmental evaluation under the FCC rules is claimed.
[2]
Eight copies of all information submitted in
compliance with requirements of the Massachusetts Department of Public
Health, 105 CMR 122, Fixed Facilities Which Generate Electromagnetic
Fields in the Frequency Range of 300 KHz to 100 GHz and Microwave
Ovens, or any revisions thereof as the Department of Public Health
may, by written notice, create.
[3]
The exact legal name, address or principal place
of business and phone number of the applicant. If any applicant is
not a natural person, it shall also give the state under which it
was created or organized.
[4]
The name, title, address and phone number of
the person to whom correspondence or communications in regard to the
application are to be sent. Notice, orders and other papers may be
served upon the person so named, and such service shall be deemed
to be service upon the applicant.
[5]
Name, address, phone number and written consent
to apply for this permit of the owner of the property on which the
proposed tower shall be located or of the owner(s) of the tower or
structure on which the proposed facility shall be located.
[6]
Required plans and engineering plans, prepared,
stamped and signed by a professional engineer licensed to practice
in Massachusetts. (Note: survey plans should also be stamped and signed
by a professional land surveyor.) Each plan sheet shall have a title
block indicating the project title, sheet title, sheet number, date,
revision dates, scale(s) and original seal and signature of the professional
engineer (P.E.) and other professionals who prepared the plan.
(c)
For new tower construction, or major modification
of an existing tower, a tower construction special permit is required.
[1]
The applicant shall provide a written, irrevocable
commitment valid for the duration of the existence of the tower, to
rent or lease available space for collocation on the tower at fair-market
prices and terms, without discrimination to other personal wireless
service providers.
[2]
If applicant is not simultaneously applying
for a personal wireless service facilities special permit, it shall
provide a copy of its existing lease/contract with a personal wireless
service provider. A tower construction special permit shall not be
granted for a tower to be built on speculation.
[3]
The following plans and maps:
[a]
Location map: copy of a portion
of the most recent USGS Quadrangle Map, at a scale of 1:25,000, and
showing the area within at least two miles from the proposed tower
site. Indicate the tower location and the exact latitude and longitude
(degrees, minutes and seconds).
[b]
Vicinity map at a scale not less
than one inch equals 200 feet (1:2,400) with contour intervals no
greater than 10 feet (3 meters) showing the entire vicinity within
a two-thousand-foot radius of the tower site, and including the topography,
public and private roads, buildings and structures, bodies of water,
landscape features (as listed in the Town of Williamstown Open Space
Plan), historic sites. Indicate the property lines of the proposed
tower site parcel and of all abutters within 300 feet of the tower
site parcel, (from Assessors' maps or available surveys). Include
the names of all abutters within 300 feet of the tower site parcel.
Indicate any access easement or right-of-way needed for access from
a public way to the tower, and the names of all abutters or property
owners along the access easement or who have deeded rights to the
easement.
[c]
Existing conditions plan: a recent
survey of the tower site at a scale no smaller than one inch equals
40 feet (1:480 or metric equivalent 1:500) with topography drawn with
a minimum of five-foot contour intervals, showing existing utilities,
property lines, existing buildings or structures, stone walls or fence
lines, wooded areas, individual trees with diameters greater than
12 inches within a two-hundred-foot radius from the base of the proposed
tower (labeled with their current heights). Show the boundary of any
wetlands or floodplains or watercourses, and of any bodies of water
included in the Aquifer Protection District within 200 feet from the
tower or any related facilities or accessways or appurtenances. The
survey plan must have been completed, on the ground, by a professional
land surveyor within five years prior to the application date, unless
there has been substantial change.
[d]
Proposed site plans: proposed facility
site layout, grading and utilities at the same scale as the existing
conditions plan.
[i]
Proposed tower location and any
appurtenances, including supports and guy wires, if any, and any accessory
building (communication equipment shelter or other). Indicate property
boundaries and setback distances to the base(s) of the tower and to
the nearest corners of each of the appurtenant structures to those
boundaries, and dimensions of all proposed improvements.
[ii]
Indicate proposed spot elevations
at the base of the proposed tower and at the base of any guy wires,
and the corners of all appurtenant structures.
[iii]
Proposed utilities, including
distance from source of power, sizes of service available and required,
locations of any proposed utility or communication lines, and whether
underground or above ground.
[iv]
Limits of areas where vegetation
is to be cleared or altered, and justification for any such clearing
or alteration.
[v]
Any direct or indirect wetlands
alteration proposed.
[vi]
Detailed plans for drainage of
surface and/or subsurface water; plans to control erosion and sedimentation
both during construction and as a permanent measure.
[vii]
Plans indicating locations and
specifics of proposed screening, landscaping, ground cover, fencing,
etc.; any exterior lighting or signs.
[viii]
Plans of proposed access driveway
or roadway and parking area at the tower site. Include grading, drainage,
traveled width. Include a cross section of the access drive indicating
the width, depth of gravel, paving or surface materials.
[e]
Proposed tower and appurtenances:
[i]
Plans, elevations, sections and
details at appropriate scales but no smaller than one inch equals
10 feet.
[ii]
Two cross sections through the
proposed tower drawn at right angles to each other, and showing the
ground profile to at least 100 feet beyond the limit of clearing,
and showing any guy wires or supports. Dimension the proposed height
of tower above average grade at tower base. Show all proposed antennas,
including their location on the tower.
[iii]
Details of proposed tower foundation,
including cross sections and details. Show all ground attachments,
specifications for anchor bolts and other anchoring hardware.
[iv]
Detail proposed exterior finish
of the tower.
[v]
Indicate relative height of the
tower to the tops of surrounding trees as they presently exist, and
the height to which they are expected to grow in 10 years.
[vi]
Illustration of the modular structure
of the proposed tower indicating the heights of sections which could
be removed or added in the future to adapt to changing communications
conditions or demands.
[vii]
A structural professional engineer's
written description of the proposed tower structure and its capacity
to support additional antennas or other communications facilities
at different heights and the ability of the tower to be shortened
if future communications facilities no longer require the original
height.
[viii]
A description of available space
on the tower, providing illustrations and examples of the type and
number of personal wireless service facilities which could be mounted
on the structure.
[f]
Proposed communications equipment
shelter: floor plans, elevations and cross sections at a scale of
no smaller that 1/4 inch equals one foot (1:48) of any proposed appurtenant
structure.
[g]
Sight lines.
[i]
A minimum of eight view lines in
a zero to two-mile radius from the site, shown beginning at true North
and continuing clockwise at forty-five-degree intervals.
[ii]
A plan map of a circle of two
miles radius of the facility site on which any visibility of the proposed
tower from a public way shall be indicated.
[iii]
Applicant shall utilize the USGS
Quadrangle Map, at a scale of 1:25,000, and submit profile drawings
on a horizontal scale of one inch equals 400 feet, with a vertical
scale of one inch equals 40 feet. Trees shall be shown at existing
heights and at projected heights in 10 years.
[h]
Balloon test. Within 35 days of
submitting an application, the applicant shall arrange to fly, or
raise upon a temporary mast, a three-foot diameter brightly colored
balloon at the maximum height of the proposed tower. The dates (including
a second date, in case of poor visibility on the initial date), times
and location of this balloon test shall be advertised, by the applicant,
at seven and 14 days in advance of the first test date in a newspaper
with a general circulation in the Town of Williamstown. The applicant
shall inform the SPGA and the Planning Board, in writing, of the dates
and times of the test, at least 14 days in advance. The balloon shall
be flown for at least four consecutive hours sometime between 9:00
am and 5:00 p.m. of the dates chosen.
(d)
For new personal wireless service facility,
or major modification of an existing facility, a personal wireless
service facility special permit is required.
[1]
The following plans and maps:
[a]
Location map: copy of a portion
of the most recent USGS Quadrangle Map, at a scale of 1:25,000, and
showing the area within at least two miles from the proposed facility
site. Indicate the location of the proposed personal wireless service
facility, or of the facility undergoing major modification, and the
exact latitude and longitude (degrees, minutes and seconds).
[b]
Proposed facility plan: a recent
survey of the facility site at a scale no smaller than one inch equals
40 feet (1:480 or metric equivalent 1:500) showing:
[i]
Horizontal and radial distances
of antenna(s) to nearest point on property line.
[ii]
Horizontal and radial distances
of antenna(s) to nearest dwelling unit.
[iii]
Proposed utilities, including
distance from source of power, sizes of service available and required,
locations of any proposed utility or communication lines, and whether
underground or above ground.
[iv]
Any changes to be made to the
existing facility's landscaping, screening, fencing, lighting, drainage,
wetlands, grading, driveways or roadways, parking or other infrastructure
as a result of this proposed modification of the facility.
[c]
Proposed communications equipment
shelter:
[d]
Proposed equipment plan.
[i]
Plans, elevations, sections and
details at appropriate scales but no smaller than one inch equals
10 feet.
[ii]
Number of antennas and repeaters,
as well as the exact locations, of antenna(s) and of all repeaters
(if any) located on a map as well as by degrees, minutes and seconds
of latitude and longitude.
[iii]
Mounting locations on tower or
structure, including height above ground.
[iv]
Antenna type(s), manufacturer(s),
model number(s).
[v]
For each antenna, the antenna gain
and antenna radiation pattern.
[vi]
Number of channels per antenna,
projected and maximum.
[vii]
Power input to the antenna(s).
[viii]
Power output, in normal use
and at maximum output for each antenna and all antennas as an aggregate.
[ix]
Output frequency of the transmitter(s).
(7)
General requirements.
(a)
New towers shall be set back at least one time
the height of the tower, plus 50 feet, from all boundaries of the
site on which the tower is located.
(b)
If the facility or tower site is in a wooded
area, a vegetated buffer strip of undisturbed trees shall be retained
for at least 50 feet in width around the entire perimeter, except
where the access drive is located. The applicant shall obtain a financial
surety to cover the cost of the remediation of any damage to the landscape
that occurs during the clearing of the site.
(c)
Fencing and signs: The area around the tower
and communication equipment shelter(s) shall be completely fenced
for security to a height of six feet and gated. Use of razor wire
is not permitted. A sign no greater than one square foot indicating
the name of the facility owner(s) and a twenty-four-hour emergency
telephone number shall be posted adjacent to the entry gate. In addition,
no-trespassing or other warning signs may be posted on the fence.
(d)
Communication equipment shelters and accessory
buildings shall be designed to be architecturally similar and compatible
with each other, and shall be no more than 12 feet high. The buildings
shall be used only for the housing of equipment related to this particular
site. Whenever possible, the buildings shall be joined or clustered
so as to appear as one building.
(e)
New towers shall not exceed the minimum height
necessary to provide adequate coverage for the personal wireless service
facilities proposed for use on the tower. The applicant may submit
a request for additional height to accommodate future sharing and
shall provide design information to justify such additional height.
(f)
Tower finish. New tower(s) shall have a galvanized
finish unless otherwise required. The SPGA may require the tower(s)
to be painted or otherwise camouflaged to minimize the adverse visual
impact.
(g)
Tower(s) must be of a type which will maximize
potential sharing. Lattice-type structures are preferred, but where
a monopole is requested, the applicant must demonstrate the future
utility of such structure for expansion of service for the applicant
and other future applicants.
(h)
The use of repeaters to assure adequate coverage,
or to fill holes within areas of otherwise adequate coverage, while
minimizing the number of required towers is permitted and encouraged.
An applicant who has received a personal wireless service facility
special permit under this section may, with at least 30 days' written
notice to the Planning Administrator, install one or more additional
repeaters by right. Applicants shall detail the number, location,
power output and coverage of any proposed repeaters in their systems
and provide engineering data to justify their use.
[Amended 5-19-2015 ATM,
Art. 38]
(i)
If primary coverage (greater than 50%) from
proposed personal wireless service facility is outside Williamstown,
then the permit may be denied unless the applicant can show that he
or she is unable to locate within the Town which is primarily receiving
service from the proposed facility.
(j)
Commercial advertising shall not be allowed
on any antenna, tower or accessory building or communication equipment
shelter.
(k)
Unless required by the Federal Aviation Administration,
no night lighting of towers, or the personal wireless service facility,
is permitted, except for manually operated emergency lights for use
only when operating personnel are on site.
(l)
No tower or personal wireless service facility
that would be classified as a hazard to air navigation, as defined
by the Federal Aviation regulations (Title 14 CFR) is permitted.
(m)
No tower or personal wireless service facility
with the exception of repeaters shall be located:
[1]
No repeater shall be located closer than 50
feet to an existing dwelling unit nor less than 25 feet above ground.
[2]
Within any of the following prohibited areas:
[a]
Massachusetts or federally regulated
wetland.
[b]
A Massachusetts certified vernal
pool.
[c]
The habitat of any state-listed
rare or endangered wildlife or rare plant species.
[d]
Within 100 feet horizontally from
any Massachusetts regulated wetland.
[e]
Within the 200 feet horizontally
of the Outer Riparian Zone measured horizontally from any river or
perennial stream.
(n)
Parameters of appropriate siting:
[1]
Towers and personal wireless service facilities
shall be located so as to minimize the following potential impacts:
[a]
Visual/aesthetic: Towers shall,
when possible, be sited off ridge lines, and where their visual impact
is least detrimental to highly rated scenic areas.[1]
[1]
Editor's Note: See Massachusetts Landscape
Inventory, MGL § 131, § 39A, conducted by the
Massachusetts Department of Environmental Management, 1982.
[b]
Diminution of residential property
values.
[c]
Safety: in cases of structural
failure and attractive nuisance.
[d]
Safety from excessive electromagnetic
radiation: in cases the tower or personal wireless service facility
is found to exceed the FCC guidelines.
[2]
The following locations are ranked in order
of preference:
[a]
Shared use of existing personal
wireless service facilities shall be encouraged.
[b]
Clustering of towers: Applications
for tower adjacent to existing towers shall be encouraged.
[c]
The use of municipal lands which
comply with other requirements of this section, and where visual impact
can be minimized and mitigated, shall be encouraged.
[d]
The use of repeaters to provide
adequate coverage without requiring new tower(s) shall be encouraged.
[e]
The use of land distant from higher
density residential properties, and where visual impact can be minimized
shall be encouraged.
[f]
Sharing with neighboring communities.
[3]
Towers and personal wireless service facilities
shall be located so as to provide adequate coverage and adequate capacity
with the least number of towers and antennas which is technically
and economically feasible.
[4]
The SPGA shall request input from the chiefs
(or their designees) of fire, police and other emergency services
regarding the adequacy for emergency access of the planned drive or
roadway to the site.
(8)
Evaluation by independent consultants.
(a)
Upon submission of a complete application for
a special permit under this section, the SPGA shall provide its independent
consultant(s) with the full application for their analysis and review.
(b)
Applicants for any special permit under this
section shall obtain permission from the owner(s) of the proposed
property(s) or facility site(s) for the Town's independent consultant(s)
to conduct any necessary site visit(s).
(9)
Approval criteria.
(a)
In acting on the special permit application, the SPGA shall proceed in accordance with the procedures and timelines established for special permits in § 70-8.4D of this chapter.
(b)
In addition to the findings required by in § 70-8.4D of this chapter, the SPGA shall, in consultation with the independent consultant(s), make all of the applicable findings before granting the special permit, as follows:
[1]
That applicant is not already providing adequate
coverage and/or adequate capacity to the Town of Williamstown; and
[2]
That applicant is not able to use existing towers/facility
sites either with or without the use of repeaters to provide adequate
coverage and/or adequate capacity to the Town of Williamstown; and
[3]
That the applicant has agreed to rent or lease
available space on the tower, under the terms of a fair-market lease,
without discrimination to other personal wireless service providers;
and
[4]
That proposed personal wireless service facility
or tower will not have an undue adverse impact on historic resources,
scenic views, residential property values, natural or man-made resources;
and
[5]
That the applicant has agreed to implement all
reasonable measures to mitigate the potential adverse impacts of the
facilities; and
[6]
That the proposal shall comply with FCC Reg.
96-325 regarding emissions of electromagnetic radiation and that the
required monitoring program is in place and shall be paid for by the
applicant; and
(c)
Any decision by the SPGA to deny any application
for a special permit under this section shall be in conformance with
Sec. 332 (47 USC 332) (7)(B)(iii) of the Act, in that it shall be
in writing and supported by substantial evidence contained in a written
record.
(10)
Monitoring and evaluation of compliance.
(a)
Pretesting. After the granting of a special
permit and before the applicant's personal wireless service facilities
begin transmission, the applicant shall pay for an independent consultant,
hired by the Town, to monitor the background levels of EMF radiation
around the proposed facility site and/or repeater locations to be
utilized for the applicant's personal wireless service facilities.
The independent consultant shall use the monitoring protocol. A report
of the monitoring results shall be prepared by the independent consultant
and submitted to the Planning Administrator.
[Amended 5-19-2015 ATM,
Art. 38]
(b)
Post-testing. After transmission begins, the
owner(s) of any personal wireless service facility(ies) located on
any facility site shall pay for an independent consultant, hired by
the Town, to conduct testing and monitoring of EMF radiation emitted
from said site, and to report results of said monitoring, as follows:
[1]
There shall be routine annual monitoring of
emissions by the independent consultant using actual field measurement
of radiation, utilizing the monitoring protocol. This monitoring shall
measure levels of EMF radiation from the facility site's primary antennas
as well as from repeaters (if any). A report of the monitoring results
shall be prepared by the independent consultant and submitted to the
Planning Administrator.
[Amended 5-17-2016 ATM,
Art. 30]
[2]
Any major modification of existing facility,
or the activation of any additional permitted channels, shall require
new monitoring.
(c)
Excessive emissions: Should the monitoring of a facility site reveal that the site exceeds the FCC 96-326 standard, then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall submit to the SPGA and the Planning Administrator a plan for the reduction of emissions to a level that complies with the FCC 96-326 standard within 10 business days of notification of noncompliance. That plan shall reduce emissions to the standard within 15 days of initial notification of noncompliance. Failure to accomplish the reduction of emission within 15 business days of initial notification of noncompliance shall be a violation of the special permit and subject to penalties and fines as specified in § 70-8.1C of this chapter. Such fines shall be payable by the owner(s) of the facilities and antennas on the facility site, until compliance is achieved.
[Amended 5-19-2015 ATM,
Art. 38]
(d)
Structural inspection. Tower owner(s) shall
pay for an independent consultant (a licensed professional structural
engineer), hired by the Town, to conduct inspections of the towers
structural integrity and safety. Guyed towers shall be inspected every
three years. Monopoles and nonguyed lattice towers shall be inspected
every five years. A report of the inspection results shall be prepared
by the independent consultant and submitted to the Planning Administrator.
Any major modification of an existing facility that includes changes
to tower dimensions or antenna numbers or type shall require a new
structural inspection.
[Amended 5-19-2015 ATM,
Art. 38; 5-17-2016 ATM, Art. 30]
(e)
Unsafe structure. Should the inspection of any tower reveal any structural defect(s) which, in the opinion of the independent consultant render(s) that tower unsafe, the following actions must be taken. Within 10 business days of notification of unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s). This plan shall be initiated within 10 days of the submission of the remediation plan and completed as soon as reasonably possible. Failure to accomplish this remediation of structural defect(s) within 10 business days of initial notification shall be a violation of the special permit and subject to penalties and fines as specified in in § 70-8.1C of this chapter. Such fines shall be payable by the owner(s) of the tower, until compliance is achieved.
(11)
Removal requirements. Any personal wireless
service facility which ceases to operate for a period of one year
shall be removed. "Cease to operate" is defined as not performing
the normal functions associated with the personal wireless service
facility and its equipment on a continuous and ongoing basis for a
period of one year. At the time of removal, the facility site shall
be remediated such that all personal wireless service facility improvements
that have ceased to operate are removed. If all facilities on a tower
have ceased to operate, the tower shall also be removed, and the site
shall be revegetated. Existing trees shall only be removed if necessary
to complete the required removal. The applicant, upon obtaining a
permit, shall obtain a financial surety to cover the cost of removal
of the personal wireless service facility and the remediation of the
landscape, should the facility cease to operate.
(12)
Insurance. Towers and personal wireless service
facilities shall be insured by the owner(s) against damage to persons
or property. The owner(s) shall provide a certificate of insurance
to the Selectmen's office on an annual basis in which the Town of
Williamstown shall be an additional named insured.
(13)
Severability cause. The invalidity of any section
or provision of this section shall not invalidate any other section
or provision hereof.
G.
Wind-generated energy production facilities.
[Added 5-21-2002 ATM, Art. 21]
(1)
Purposes. The purposes of this wind-generated energy
production facilities section are to:
(a)
Preserve the character and appearance of the
Town while simultaneously allowing alternative energy technologies
to be developed.
(b)
Protect the scenic, historic, environmental
and natural or man-made resources of the community.
(c)
Provide standards and requirements for regulation,
placement, construction, monitoring, design, modification and removal
of wind facilities.
(d)
Provide a procedural basis for action within
a reasonable period of time for request for authorization to place,
construct, operate or modify wind facilities.
(e)
Preserve property values.
(f)
Locate wind facilities so that they do not have
negative impacts such as, but not limited to, attractive nuisance,
noise and falling objects on the general safety, welfare and quality
of life in the community.
(g)
Require owners of wind facilities to configure
them so as to minimize and mitigate the adverse impact of the wind
facilities.
(2)
Application requirements:
(a)
No wind facility or part thereof (or major modification to any of the foregoing) shall be erected, constructed or installed without first obtaining a special permit from the Board of Appeals. For purposes of this Subsection G(2)(a), "major modification" shall be defined as any change that would alter the criteria on which the original permit was granted such as modification of wind turbine height, size or number of blades, noise levels or visual impact.
(b)
Required documentation. The applicant shall
provide the Board of Appeals with eight copies of each of the following:
[1]
Duly executed application form.
[2]
The following plans and maps prepared, stamped
and signed by a professional engineer licensed to practice in Massachusetts:
[a]
Location map: copy of a portion
of the most recent USGS Quadrangle Map, at a scale of 1:25,000, and
showing the area within at least two miles from the proposed wind
facility.
[b]
Vicinity map at a scale not less
than one inch equals 200 feet (1:2,400) with contour intervals no
greater than 10 feet showing the entire vicinity within a two-thousand-foot
radius of the wind facility site, and including the topography, public
and private roads, buildings and structures, bodies of water, landscape
features (as listed in the Town of Williamstown Open Space Plan),
historic sites. Indicate the property lines of the proposed wind facility
site parcel and of all abutters within 300 feet of the site parcel
(from Assessors' maps or available surveys). Indicate any access easement
or right-of-way needed for access from a public way to the wind facility,
and the names of all abutters or property owners along the access
easement or who have deeded rights to the easement.
[c]
Existing conditions plan: a recent
survey of the site at a scale no smaller than one inch equals 40 feet
(1:480) with topography drawn with a minimum of five-foot contour
intervals, showing existing utilities, property lines, stone walls
or fence lines, wooded areas, individual trees with diameters greater
than 12 inches within a three-hundred-foot radius from the base of
the proposed wind facility (labeled with their current heights) and
existing buildings or structures within a one-thousand-foot radius
from the base of the proposed wind facility. Show the boundary of
any wetlands or floodplains or watercourses, and of any bodies of
water included in the Water Resources Overlay District within 200
feet from the wind facility or any related facilities or accessways
or appurtenances. The survey plan must have been completed, on the
ground, by a professional land surveyor within five years prior to
the application date, unless there has been substantial change since
such date.
[d]
Proposed site plans: proposed wind
facility site layout, grading and utilities at the same scale as the
existing conditions plan.
[i]
Proposed wind facility location
and any appurtenances, including supports and guy wires, if any, and
any appurtenant structures and equipment, including without limitation,
power lines and transformers. Indicate property boundaries and distances
to the base(s) of the wind turbine(s) and to the nearest corners of
each of the appurtenant structures and equipment to those boundaries
and dimensions of all proposed improvements. Indicate distances from
the base(s) of the wind turbines and the nearest corners of each of
the appurtenant improvements to all buildings, skiing facilities,
public and private airports and airstrips and areas used by migratory
birds within a one-thousand-foot radius from the base of each wind
turbine.
[ii]
Indicate proposed spot elevations
at the base of the proposed wind machine and the base of any guy wires,
and the corners of all appurtenant structures.
[iii]
Proposed utilities, including
distance from source of power, sizes of service available and required,
locations of any proposed utility or communication lines, and whether
underground or above ground. Limits of areas where vegetation is to
be cleared or altered and justification for any such clearing or alteration.
[iv]
Detailed plans for drainage of
surface and/or subsurface water; plans to control erosion and sedimentation
both during construction and as a permanent measure.
[v]
Plans indicating locations and
specifics of proposed screening, landscaping, ground cover, fencing,
exterior lighting or signs.
[vi]
Plans of proposed access driveway
or roadway and parking area at the wind facility whether temporary
or permanent; include grading, drainage, and traveled width. Include
a cross section of the access drive indicating the width, depth of
gravel, paving or surface material.
[e]
Proposed wind facility:
[i]
Plans, elevations, section and
details at appropriate scales but no smaller than one inch equals
10 feet.
[ii]
Two cross sections through the
proposed wind turbine drawn at right angles to each other and showing
the ground profile to at least 100 feet beyond the limit of clearing,
and showing any guy wires or supports. Dimension the proposed height
of wind turbine above average grade at wind turbine base.
[iii]
Detail of proposed exterior finish
of the wind turbine and any aboveground appurtenant structures.
[iv]
Indicate relative height of the
wind turbine to the tops of surrounding frees as they presently exist,
and the height to which they are expected to grow in 10 years.
[f]
Proposed pad-mounted transformers,
operations control facility and maintenance facility: floor plans,
elevations and cross sections at a scale of no smaller than 1/4 inch
= one foot (1:48) of any proposed appurtenant structure. Applicant
shall also provide representative elevation views, indicating the
roof, facades, doors and other exterior appearance and materials.
[g]
Applicant shall submit computer-generated
modeling or other form of documentation acceptable to the Board of
Appeals to show the following:
[h]
Sight lines.
[i]
A minimum of eight view lines in
zero-to-two-mile radius from the site, shown beginning at true North
and continuing clockwise at intervals of 45°.
[ii]
A plan map of a circle of two-mile
radius of the wind facility site on which any visibility of the proposed
wind turbines from a public way shall be indicated.
[iii]
Applicant shall utilize the U.S.G.S.
Quadrangle map, at a scale of 1:25,000, and submit profile drawings
on a horizontal scale of one inch = 400 feet, with a vertical scale
of one inch = 40 feet. Trees shall be shown at existing heights and
at projected heights in 10 years.
[i]
Post-construction simulated views.
Applicant shall provide projected post-construction simulated views
of the wind facility from up to six view lines with locations as determined
by the Board of Appeals and Planning Board, in a one-to-three mile
radius of the project site.
[j]
Balloon test. Within 35 days of
submitting an application, applicant shall arrange to fly, or raise
upon a temporary mast, a three-foot diameter, nine-and-one-half-foot
long brightly colored balloon at the maximum blade tip height of the
proposed wind facility and at each end of the array of the wind facility.
The dates (including a second date, in case of poor visibility on
the initial date in the reasonable opinion of the Board of Appeals),
times and location of this balloon test shall be advertised, by the
applicant, at seven and 14 days in advance of the first test date
(and the second date, if applicable) in a newspaper with a general
circulation in the Town of Williamstown. The applicant shall inform
the Board of Appeals, in writing, of the dates and times of the test,
at least 14 days in advance. The balloon shall be flown for at least
four consecutive hours sometime between 9:00 a.m. and 5:00 p.m. of
the dates chosen.
[k]
A regrading and revegetation program
for temporary roads required in connection with development of the
wind facility but no longer required after project completion.
[l]
An avian risk assessment evaluating
the potential impact of the proposed facility on avian life, including,
without limitation, resident and migratory bird habitats in and adjacent
to the wind facility site.
[m]
Wildlife risk assessment evaluating
the potential impact of the proposed facility on resident and migratory
wildlife habitats in and adjacent to the wind facility site.
(3)
Independent consultants.
(a)
Upon submission of a complete application for
a special permit under this article, the Board of Appeals shall hire
independent consultants whose services shall be paid for by the applicant(s).
(b)
Applicants for any special permit under this
section shall obtain permission from the owner(s) of the proposed
property(s) or wind facility site(s) for the Town's independent consultant(s)
to conduct any necessary site visit(s).
(4)
General requirements.
(a)
Wind facilities shall be located in the RR-1
District and RR-2 District.
(b)
The height of any wind turbine as measured from
average grade shall be less than 200 feet and have a minimum blade
clearance from the ground immediately below each wind turbine of 20
feet.
|
Height calculation. For purposes of calculating
the overall height of a wind turbine, the total height shall be measured
from average grade to the uppermost extension of any blade or the
maximum height reached by any part of the wind turbine.
|
(c)
Setbacks.
[1]
Setbacks from adjacent parcels. A minimum setback
for each wind facility shall be maintained equal to two times the
overall wind turbine height, or 300 feet, whichever is greater, from
all boundaries of the site on which the wind facility is located.
[2]
Setbacks for residences. Notwithstanding the provisions of Subsection G(4)(c)[1] above, a minimum setback for each wind turbine of at least 600 feet shall be maintained from any building occupied by humans whether on site or on adjacent parcels.
(d)
All electrical wires associated with the wind
facility shall be located underground between the wind turbine and
the project substation.
(e)
If the wind facility site is in a wooded area,
a vegetated buffer strip of undisturbed trees shall be retained for
at least 50 feet in width around the entire perimeter except where
the access drive is located. Applicant shall obtain a financial surety
in form and amounts reasonably acceptable to the Board of Appeals
to cover the cost of the remediation and revegetation of any damage
to the landscape that occurs during the clearing of the site.
(f)
Fencing and signs: The area around each wind
turbine and any appurtenant structure (other than an access road)
shall be completely fenced for security to a height of six feet and
gated. Use of razor wire is not permitted. One sign no greater than
one square foot indicating the name of the wind facility owner(s)
and a twenty-four-hour emergency telephone number shall be posted
adjacent to the entry gate. Signs warning of high voltage electricity
shall be posted on stationary portions of each wind turbine, transformers
and the operations control facility. In addition, "No Trespassing"
or other warning signs may be posted on the fence. No advertising
signs or logos shall be permitted on site.
(g)
All appurtenant structures shall be designed
to be architecturally similar and compatible with each other, and
shall be no more than 12 feet high. The structures shall be used only
for the housing of equipment related to this particular site. As a
condition to granting a special permit, the Board of Appeals may require
the structures to be joined or clustered so as to appear as one building.
(h)
Wind turbine finish. Wind turbines shall be
of a nonreflective, unobtrusive color with a nonreflective finish.
The Board of Appeals may require the wind turbines to be painted or
otherwise camouflaged to minimize the adverse visual impact.
(i)
Commercial advertising shall not be allowed
on any part of the wind facility.
(j)
Unless required by the Federal Aviation Administration
(FAA), no night lighting of wind turbine, or any appurtenant building,
is permitted, except for manually operated emergency lights for use
only when operating personnel are on site. Applicant shall provide
the Board of Appeals with an official determination by the FAA as
to its lighting requirements and/or markings.
(k)
No wind turbine that would be classified as
a hazard to air navigation, as defined by the Federal Aviation regulations
(Title 14 CFR) is permitted.
(l)
The Board of Appeals may impose such safety-related
conditions as it deems reasonably necessary, including but not limited
to manual and automatic controls to limit blade speed and fire protection
controls.
(m)
Parameters of appropriate siting:
[1]
Wind facilities shall be located so as to minimize
the following potential impacts:
[a]
Visual/Aesthetic: Wind facilities
shall, when possible, be sited off ridgelines, and where their visual
impact is least detrimental to highly rated scenic areas.
[b]
Diminution of residential property
values.
[c]
Safety: resulting from structural
failure, "blade throw," falling ice, and attractive nuisance.
[d]
Safety from excessive electromagnetic
radiation: in the event the wind facility is found to exceed the FCC
guidelines.
[2]
The following locations are ranked in order
of preference:
[a]
The use of land which has already
been developed for another similar purpose, such as path of high-power
electric lines.
[b]
The use of land, distant from higher-density
residential properties, and where visual impact can be minimized shall
be encouraged.
[c]
Location can be accessed from existing
developed roads in order to avoid creation of new roads and disruption
of vegetation.
[3]
The Board of Appeals shall request input from
the Chiefs (or their designees) of fire, police and other emergency
services regarding the adequacy for emergency access of the planned
drive or roadway to the site.
(n)
The project operator shall be required to keep
a log of all dead birds found within 500 feet of a wind facility and
make such log available to the Board of Appeals upon request.
(o)
Operational noise. Operational noise from the wind facility shall comply with the noise standards set forth in § 70-5.4E of the Code. Wind facilities shall comply with the requirement for Noise Zone C.
(p)
The Board of Appeals may impose such conditions
as it deems reasonably necessary to minimize or mitigate detrimental
effects to the environment, including, but not limited to glare caused
by construction and/or operation of the wind facility.
(q)
Construction of on-site roads for the installation
and operation of a wind facility shall be minimized. Temporary roads
used for initial installation shall be regraded and revegetated to
a natural condition upon completion of construction.
(5)
Approval criteria.
(a)
In acting on the special permit application, the Board of Appeals shall proceed in accordance with the procedures and timelines established for special permits in § 70-8.4D of this chapter.
(b)
In addition to the findings required by in § 70-8.4D of this chapter, the Board of Appeals shall, in consultation with the independent consultant(s), make all of the applicable findings before granting the special permit, as follows:
[1]
That wind facility will not have an undue adverse
impact on historic resources, scenic views, residential property values,
natural or man-made resources, wildlife; and
[2]
That the applicant has agreed to implement all
reasonable measures to mitigate the potential adverse impacts of the
wind facility; and
[3]
That the proposal shall comply with FCC Reg.
{96-325} regarding emissions of electromagnetic radiation and that
the required monitoring program is in place and shall be paid for
by the applicant; and
(6)
Monitoring and evaluation of compliance.
[Amended 5-19-2015 ATM,
Art. 38]
(a)
Pre-testing. After the granting of a special
permit and before the applicant's wind facility begins operation,
the applicant shall pay for an independent consultant, hired by the
Town, to monitor the background levels of EMF radiation and operational
noise, around the facility site. A report of the monitoring results
shall be prepared by the independent consultant and submitted to the
Planning Administrator.
(b)
Excessive emissions: Should the monitoring of a wind facility site reveal that the site exceeds the FCC 96-326 standard with respect to EMF radiation or violates § 70-5.4E with respect to noise levels, then the owner shall be so notified. The owner shall submit to the Board of Appeals and the Planning Administrator a plan for the reduction of emissions to a level that complies with the FCC 96-326 standard and/or noise levels to comply with § 70-5.4E within 10 business days of notification of noncompliance. That plan shall reduce emissions and/or noise as required within 15 days of initial notification of noncompliance. Failure to accomplish such reduction within 15 business days of initial notification of noncompliance shall be a violation of the special permit and subject to penalties and fines as specified in § 70-8.1C of this chapter. Such fines shall be payable by the owner of the wind facility, until compliance is achieved.
(7)
Removal requirements. Any wind facility which has
reached the end of its useful life or has been abandoned shall be
removed. "Abandoned" is defined as the failure to operate the facility
on a continuous and ongoing basis for a period of one year. At the
time of removal, the wind facility site shall be reclaimed. All wind
turbines and appurtenant structures shall also be removed and the
wind facility site shall be revegetated. Existing trees shall only
be removed if necessary to complete the required removal. Applicant,
upon obtaining a special permit, shall deliver to the Board of Appeals
a financial surety, in form and amounts reasonably acceptable to the
Board of Appeals, to cover the cost of removal and disposal of the
wind facility and the remediation of the landscape in accordance with
this subsection. Such financial surety shall be renewed and updated
as necessary throughout the life of the wind facility so as to continue
to cover the removal, disposal and remediation costs as set forth
above. The foregoing notwithstanding, the applicant shall be entitled
to apply for a special permit to leave the foundation of the wind
facility intact in order to minimize disruption to existing vegetation
and minimize erosion problems.
(8)
Severability clause. The invalidity of any section
or provision of this section shall not invalidate any other section
or provision hereof.
H.
Weddings and family celebrations on farms. Weddings and family celebrations on farms (the "events") are allowed as indicated in § 70-3.3, Use Regulation Schedule. The purpose of this bylaw is to provide an option to farms of sufficient size in order to promote the sustainability of farming, the enhancement of our community and the preservation of open space. Such uses shall comply with the following:
[Added 5-15-2012 ATM, Art. 31]
(2)
The side, front and back setbacks for the event must be no less than
100 feet.
(3)
There shall be no electronically amplified sound at events except
between the hours of 10:00 a.m. and 11:00 p.m.
(4)
The maximum number of events per calendar year, per farm, shall not
exceed 10 events.
[Amended 8-18-2020 ATM, Art. 35]
(5)
The Board of Appeals may approve such events for a multiyear period
of time, revocable subject to the applicant complying with the provisions
of this section, and any other conditions established by the Board.
I.
Small concerts. Small concerts on farms are allowed as indicated in § 70-3.3, Use Regulation Schedule. The purpose of this bylaw is to provide an option to farms of sufficient size in order to promote the sustainability of farming, the enhancement of our community and the preservation of open space. Such uses shall comply with the following:
[Added 5-15-2012 ATM, Art. 32]
(1)
A "small concert" shall be defined as a concert at which no more
than 40 guests attend.
(3)
If outdoor, a small concert must have side, front and back setbacks
for the event of no less than 100 feet.
(4)
No small concert shall be held before 10:00 a.m. in the morning,
or later than 9:30 p.m. in the evening.
(5)
The Board of Appeals may approve such small concerts for a multiyear
period of time, revocable subject to the applicant complying with
the provisions of this section, and any other conditions established
by the Board.
J.
Solar energy systems.[2]
[Added 5-19-2015 ATM,
Art. 39]
(1)
Purpose. The purpose of this Subsection J is to promote the deployment of solar energy systems of all sizes by providing reasonable standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources, and in the case of large installations, to provide adequate financial assurance for their eventual decommissioning.
(2)
General requirements for all canopy-mounted solar energy systems.
(a)
Utility notification. No grid-connected canopy-mounted solar
photovoltaic system shall be installed until evidence has been provided
to the Building Commissioner as part of a building permit application
that the owner has notified the utility company of the customer's
intent to install an interconnected customer-owned generator. Off-grid
systems are exempt from this requirement.
(b)
Design standards. All canopy-mounted solar energy installations
must fulfill the following requirements:
[1]
Height limitations.
[a]
Maximum height: Each canopy-mounted solar array
(one or more solar panels that are joined as a unit), together with
its supporting structure, may not exceed a height of 18 feet above
the ground. In the case of movable or tracking mounts, height is measured
at maximum design tilt.
[b]
Minimum clearance: Each canopy-mounted solar array,
together with its supporting structure, must provide a minimum clearance
of 13 feet to allow for emergency vehicle and maintenance vehicle
access.
(3)
General requirements for all ground-mounted solar energy systems.
(a)
Utility notification. No grid-connected ground-mounted solar
photovoltaic system shall be installed until evidence has been provided,
to the Building Commissioner as part of a building permit application
for systems permitted by right or to the Zoning Board of Appeals for
systems permitted by special permit, that the owner has notified the
utility company of the customer's intent to install an interconnected
customer-owned generator. Off-grid systems are exempt from this requirement.
(b)
Design standards. All ground-mounted solar energy installations
must fulfill the following requirements:
[1]
Height limitations. Each ground-mounted solar array (one or
more solar panels that are joined as a unit), together with its supporting
structure, may not exceed a height of 15 feet above the ground. In
the case of movable or tracking mounts, height is measured at maximum
design tilt.
[2]
Dimension and density requirements.
[a]
Coverage area is calculated as the amount of impervious
area created by the panel support structures.
[b]
All ground-mounted solar photovoltaic installations shall conform to the minimum yards, building cover and open space requirements defined for the underlying district in § 70-4.3.
[c]
Building cover shall be calculated as measured
at minimum design tilt.
[d]
The minimum required yard where abutting a residential
district for an installation in Limited Industrial is reduced to 75
feet.
[3]
Appurtenant structures. All appurtenant structures to ground-mounted
solar photovoltaic installations shall be subject to the district's
regulations 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.
[4]
Lighting. No lighting of the solar photovoltaic installation
is permitted. Lighting of appurtenant structures is limited to that
required for safety and operational purposes. All lighting shall be
directed away from adjacent properties and shall comply with the requirements
of 70-5.4D.
(4)
Requirements for large-scale ground-mounted solar photovoltaic installations. In addition to the requirements of § 70-7.2J(3), the additional requirements of this section shall apply to large-scale solar photovoltaic installations.
(a)
Required documentation. The applicant shall submit documentation required by § 70-8.2, Development plan review, and shall also submit the following documentation to the Zoning Board of Appeals or authority performing development plan review:
[1]
Plans showing the following;
[a]
Property lines, easements, and physical features,
including roads, for the project site;
[b]
Proposed changes to the landscape of the site,
grading, vegetation clearing and planting, exterior lighting, screening
vegetation or structures;
[c]
Drawings of the solar photovoltaic installation
signed by a professional engineer licensed to practice in the Commonwealth
of Massachusetts showing the proposed layout of the system and any
potential shading from nearby structures;
[d]
Electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices;
[e]
Documentation of the major system components to
be used, including the PV panels, mounting system, and inverter;
[f]
Name, address, and contact information for proposed
system installer;
[g]
Name, address, phone number and signature of the
project proponent, as well as all co-proponents or property owners,
if any;
[h]
The name, contact information and signature of
any agents representing the project proponent.
[2]
Site control. 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 solar photovoltaic
installation.
[3]
Operation and maintenance plan. The project proponent shall
submit a plan for the operation and maintenance of the large-scale
ground-mounted solar photovoltaic installation, which shall include
measures for maintaining safe access to the installation, stormwater
controls, as well as general procedures for operational maintenance
of the installation.
(b)
Design standards. In addition to the design standards of § 70-7.2J(3)(b), the following standards apply to large-scale solar photovoltaic installations:
[1]
Signage. A sign is required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar energy installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the installation. All signage must comply with Chapter 53, Signs.
[2]
Utility connections. Reasonable efforts shall be made to place
all utility connections from the solar photovoltaic installation underground,
depending on appropriate soil conditions, shape, and topography of
the site and any requirements of the utility provider. Electrical
transformers for utility interconnections may be above ground if required
by the utility provider.
[3]
Safety and environmental standards.
[a]
Emergency services. Upon request, the owner or
operator shall cooperate with local emergency services in developing
an emergency response plan. All means of shutting down the solar photovoltaic
installation shall be clearly marked. The owner or operator shall
identify a responsible person for public inquiries throughout the
life of the installation.
[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 large-scale
ground-mounted solar photovoltaic installation or otherwise prescribed
by applicable laws, regulations, and bylaws.
[c]
Fencing. The entire perimeter of a large-scale
solar photovoltaic system shall be fenced and gated for security purposes
to a height of six feet or more. The use of razor wire is not permitted.
[d]
Screening. All large-scale solar photovoltaic installations
shall be screened from the public way and any adjacent residential
property by plantings of at least six feet in height and 90% opacity
or in cases where this may not be feasible by an alternative deemed
acceptable by the Zoning Board of Appeals or other development plan
review authority.
[4]
Monitoring and maintenance.
[a]
Solar photovoltaic installation conditions. The
large-scale ground-mounted solar photovoltaic installation owner or
operator shall maintain the facility in good condition. Maintenance
shall include, but not be limited to, painting, structural repairs,
stormwater management, access, and integrity of security measures.
The owner or operator shall be responsible for the cost of maintaining
the solar photovoltaic installation and any access road(s).
[b]
Modifications. All material modifications to a
solar photovoltaic installation made after issuance of the required
building permit shall require approval by either the Zoning Board
of Appeals, if the original installation was permitted pursuant to
a special permit, or other development plan review authority, for
all other large-scale ground-mounted solar installations.
[5]
Abandonment or decommissioning.
[a]
Removal requirements. Any large-scale ground-mounted
solar photovoltaic installation which has reached the end of its useful
life or has been abandoned shall be removed. The owner or operator
shall physically remove the installation no more than 150 days after
the date of discontinued operations. The owner or operator shall notify
the Planning Administrator by certified mail of the proposed date
of discontinued operations and plans for removal. Decommissioning
shall consist of:
[i]
Physical removal of all large-scale ground-mounted
solar photovoltaic installations, structures, equipment, security
barriers and transmission lines from the site.
[ii]
Disposal of all solid and hazardous waste in accordance
with local, state, and federal waste disposal regulations.
[iii]
Stabilization or revegetation of the site as
necessary to minimize erosion. The Planning Administrator may allow
the owner or operator to leave landscaping or designated below-grade
foundations in order to minimize erosion and disruption to vegetation.
[b]
Abandonment. Absent notice of a proposed date of
decommissioning or written notice of extenuating circumstances, the
solar photovoltaic installation shall be considered abandoned when
it fails to operate for more than one year without the written consent
of the Zoning Board of Appeals or other development plan review authority.
If the owner or operator of the large-scale ground-mounted solar photovoltaic
installation fails to remove the installation in accordance with the
requirements of this section within 150 days of abandonment or the
proposed date of decommissioning, the Town may enter the property
to the extent it is duly authorized by law and physically remove the
installation. As a condition of site plan or special permit approval,
the applicant and landowner shall agree to allow entry to remove an
abandoned or decommissioned installation. The Town's cost for the
removal will be charged to the property owner in accordance with the
provisions of MGL c. 139, § 3A, as a tax lien on the property.
(c)
Special permit approval criteria. Where a special permit is
required for a large- or medium-scale solar photovoltaic installation,
the Zoning Board of Appeals shall apply the following guidelines to
its deliberations:
[1]
In acting on the special permit application, the Zoning Board of Appeals shall proceed in accordance with the procedures and timelines established for special permits in § 70-8.4D of this chapter.
[2]
In addition to the findings required by § 70-8.4D of this chapter, the Zoning Board of Appeals shall make the following finding, that the applicant has taken all reasonable measures to ensure the solar photovoltaic facility will not have an undue adverse impact on historic resources, scenic views, or natural or man-made resources.
K.
Marijuana establishments. Marijuana establishments with the exception marijuana retailers, as described by this chapter, shall be allowed in accordance with § 70-3.3, Use Regulation Schedule and shall abide by the following development standards.
[Added 6-9-2021 ATM, Art. 29]
(1)
Expert
review: In reviewing applications for special permits the Zoning Board
of Appeals reserves the right to hire an independent consultant(s)
with experience in evaluating marijuana establishments or similar
facilities on behalf of municipalities and whose services shall be
paid for by the applicant(s).
(2)
Waste
management: Marijuana establishments shall compost organic waste composed
of or containing marijuana and marijuana products in accordance with
applicable regulations of the Cannabis Control Commission, including,
but not limited to, 935 CMR 500.105(12). A waste management plan identifying
all waste streams and method of disposal shall be submitted to the
ZBA for review.
(3)
Nuisance:
No use shall be allowed at a marijuana establishment which creates
a nuisance to abutters or to the surrounding area, or which creates
any hazard, including, but not limited to, fire, explosion, fumes,
gas, smoke, odors, obnoxious dust, vapors, offensive sound or vibration,
flashes, glare, objectionable effluent or electrical interference,
which may impair the normal use and peaceful enjoyment of any property,
structure or dwelling in the area.
(4)
Indoor
marijuana cultivators, marijuana product manufacturers, and marijuana
testing facilities, as defined by § 70-9, shall abide by
the following development standards.
(a)
Odor control and mitigation: A detailed plan to control and mitigate
odors or emissions of any kind from exiting the proposed facility,
using the best available technology, must be submitted. The plan must
include design and specifications of all filtration technologies and
equipment proposed to be implemented along with an action plan addressing
the response to any emissions that may occur during the operation
of the facility. If at any time during the ongoing operations of a
duly licensed facility emissions or odors occur, the marijuana establishment
will immediately correct such condition and inform the permit granting
authority in writing of the measures taken to mitigate.
(b)
Renewable energy requirements: Applicants shall be required to integrate
roof or ground mounted solar photovoltaic systems or an alternative
renewable energy technology to provide at least 25% of the energy
needs of the facility. The Zoning Board of Appeals may modify or waive
this requirement based on site conditions or other considerations.
(5)
Outdoor
marijuana cultivators, as defined by § 70-9, shall abide
by the following development standards.
(a)
Lot area requirement: All outdoor marijuana cultivators shall be
located on five or more acres of land.
(b)
Facility setback requirements: All outdoor marijuana cultivators
facilities, including all grow area fencing and security apparatus,
shall be subject to 150-foot side and rear setbacks. Marijuana cultivators
licensed for one acre or less of canopy shall be set back 150 feet
from all public ways. Marijuana cultivators licensed for more than
one acre of canopy shall be set back 200 feet from all public ways.
No part of the facility as defined by the Massachusetts Cannabis Control
Commission shall be located less than 500 feet from the closest point
of any residential dwelling, not in common ownership with the applicant,
in existence at the time of the operator's application to the Zoning
Board of Appeals for a special permit.
(c)
Screening: All secure area fencing as required by the Massachusetts
Cannabis Control Commission shall be screened from the public way
and neighboring properties by site appropriate native vegetation.
Vegetation shall be at 90% opacity and equal to the height of fencing
within three years of planting. Any razor or barbed wire on required
security shall not be visible from the public way or abutting property.
All applicants shall submit a screening plan. The Zoning Board of
Appeals may waive this requirement if topography or other site considerations
produce adequate screening.
(d)
Lighting: All outdoor marijuana cultivators shall meet the security requirements of 935 CMR 500 without the use of overnight visible outdoor lighting. Visible lighting on site shall be limited to that necessary to provide safe egress from buildings and parking as required by the Massachusetts State Building Code and/or the Cannabis Control Commission and shall be of full cutoff Type 3 fixtures as defined by § 70-5.4D. All applicants shall submit a lighting plan as defined by § 70-5.4D of this chapter to the Zoning Board of Appeals as part of their application.
(e)
Odor dispersal plan: All outdoor marijuana cultivators shall utilize
best available technology which may include vegetative buffers to
mitigate cannabis plant odors. Applicants shall submit a detailed
odor dispersal plan to the Zoning Board of Appeals as part of their
application.
A.
Home occupations. A home occupation is allowed in
accordance with § 70-3.3B, Accessory Uses, as an accessory use,
provided that the following are complied with:
[Amended 5-17-2016 ATM,
Art. 32]
(1)
The profession or home occupation shall be conducted
by not more than two residents of the premises.
(2)
Not more than two persons, other than residents of
the premises, shall be regularly employed on the premises in connection
with such use.
(3)
No noise, vibration, smoke, dust, odor, heat, glare,
unsightliness, electrical interference or other nuisance shall be
produced which is discernible from other properties.
(4)
The use shall be clearly incidental to and secondary
to the use as a residence.
(5)
Less than 50% of the gross floor area of the dwelling
unit shall be used for home occupation.
(6)
There shall be no external evidence of the office or occupation, except as allowed by Chapter 53, Signs, of the Code of the Town of Williamstown, and no exterior storage or display of goods or wares.
(7)
There shall be adequate off-street parking for employees
and visitors in connection with such use.
(8)
Excessive vehicular traffic is not generated. Vehicles
used in connection with the occupation shall be parked in the rear
or side yard or under cover.
B.
Accessory scientific uses. In all districts, activities accessory to activities otherwise permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, whether or not on the same parcel as activities permitted as a matter of right, are allowed subject to Board of Appeals approval as provided in § 70-8.4.
A.
Floodplain District.
(1)
Purpose. The purposes of the Floodplain District are
to:
(a)
Ensure public safety through reducing the threats
to life and personal injury.
(b)
Eliminate new hazards to emergency response
officials.
(c)
Prevent the occurrence of public emergencies
resulting from water quality, contamination and pollution due to flooding.
(d)
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.
(e)
Eliminate costs associated with the response
and cleanup of flooding conditions.
(f)
Reduce damage to public and private property
resulting from flooding waters.
(2)
Notification of watercourse alterations. Notify, in
a riverine situation, the following of any alteration or relocation
of a watercourse:
(a)
Adjacent communities.
(b)
NFIP State Coordinator:
[Amended 5-16-2006 ATM, Art. 39]
|
Massachusetts Department of Conservation and
Recreation
251 Causeway Street, Suite 800
Boston, MA 02114-2104
|
(c)
NFIP Program Specialist:
[Amended 5-16-2006 ATM, Art. 39]
|
FEMA Region 1
99 High Street, 6th Floor
Boston, MA 02110
|
(3)
Use regulations.
[Added 5-19-1998 ATM, Art. 26]
(a)
General. All development in the district, including
structural and nonstructural activities, whether permitted by right
or by special permit, must be in compliance with MGL C.131, § 40,
and with the following:
[1]
Section of the Massachusetts State Building
Code, which addresses floodplain areas (currently 780 CMR 3107.0,
"Flood Resistant Construction").
[2]
Wetland Protection Act Regulations, Department
of Environmental Protection (DEP) (currently 310 CMR 10.00).
[3]
Inland Wetlands Protection Restriction Regulations,
DEP (currently 310 CMR 13.00).
[Amended 5-16-2006 ATM, Art. 39]
[4]
Minimum Requirements for the Subsurface Disposal
of Sanitary Sewage, DEP (currently 310 CMR, 15, Title 5).
(b)
Large developments. Base flood elevation data
is required for subdivision proposals or other developments greater
than 50 lots or five acres, whichever is the lesser, within unnumbered
A Zones.
(c)
Variance. Any variances from the provisions
and requirements of the above-referenced regulations may only be granted
in accordance with the required variance procedures of these state
regulations.
(d)
In zones A1-30 and AE, along watercourses that
have a regulatory floodway designated on the Williamstown FIRM Map,
encroachments are prohibited in the regulatory floodway which would
result in any increase in flood levels within the community during
the occurrence of the base flood discharge.
[Added 5-16-2006 ATM, Art. 39]
(4)
Administrative. All definitive subdivision plans shall
be reviewed by the Planning Board to assure that:
B.
Upland Conservation District.
(1)
Intent. The Upland Conservation District is intended
to protect the public health and safety; to protect persons and property
against the hazards of floodwater inundation and unsuitable and unhealthy
development of steep slopes, unsuitable soils, swamp land, marsh land
and watercourses; to protect the balance of nature, including the
habitat for birds, wildlife, insects and plants essential to the survival
of humans; to conserve and increase the amenities of the Town, natural
conditions and open spaces for education, recreation and the general
welfare.
(2)
Superimposition. The Upland Conservation District
shall be considered to be superimposed over any other district established
by this chapter. Land in the district shall be used only for such
uses as are permitted in the underlying district subject to the following
additional restrictions.
(3)
Uses permitted. In the Upland Conservation District
uses permitted or permitted subject to approval under a special permit
shall be the same as for a Rural Residence District 1, except that
single-family dwellings are not allowed.
C.
Mobile Home Park District.
(1)
Intent. The Mobile Home Park District is intended
for locations suitable for the development of mobile home parks, compatible
with existing development and environmental constraints.
(2)
Mobile home parks are allowed in the overlay district subject to special permit approval by the Zoning Board of Appeals under the criteria of § 70-8.4D and to the Regulations Governing Mobile Home Parks in Williamstown adopted by the Board of Health, as most recently amended.
[Amended 5-16-2017 ATM,
Art. 35]
D.
Water Resource 1 and 2 and Confined Aquifer Districts.
(1)
Intent. The intent of the Water Resource and Confined
Aquifer Districts is to preserve and protect the water resources of
the Town of Williamstown and related areas against degradation through
either excessive planned disposal of wastes or unplanned contingency
resulting in contamination. The intent of the Water Resource 1 District
is to provide such protection for those areas most clearly providing
recharge to aquifers drawn upon for public water supply, while Water
Resource District 2 is intended to provide such protection to other
important recharge areas. The Confined Aquifer District is intended
to protect the integrity of the impervious cover above aquifers drawn
upon for public water supply.
(2)
WRD use regulations.
(a)
Within Water Resource Districts 1 and 2 (WRD1
and WRD2), the requirements of the underlying zoning districts continue
to apply, except that uses are prohibited where indicated by "No"
in the following schedule, and require a special permit for water
resource use where indicated by "SP", even where underlying district
requirements are more permissive. Where there is no entry in this
schedule, the underlying district requirements are controlling.
|
DISTRICT
| |||
|---|---|---|---|
|
Uses
|
WRD1
|
WRD2
| |
|
Principal uses:
| |||
|
Manufacture, use, transport, storage, transfer
and disposal of hazardous materials
|
No
|
No
| |
|
Truck terminal
|
No
|
SP
| |
|
Sanitary landfill, junkyard, salvage yard, sludge
disposal, other solid waste disposal
|
No
|
No
| |
|
Motor vehicle service, repair or washing
|
No
|
SP
| |
|
Unsewered single-family dwelling with lot area
under 40,000 square feet
|
SP
|
SP
| |
|
Accessory uses or activities:
| |||
|
Underground storage of hazardous materials
|
No
|
SP
| |
|
Nonagricultural use involving manufacture, processing,
mixing, transport or storage of hazardous materials in excess of quantities
which, as wastes, are allowed small quantity generators, as defined
in DEP Regulations 310 CMR 30
|
SP
|
SP
| |
|
Storage of ice control chemicals in quantities
requiring state reporting
|
No
|
SP
| |
|
Disposal of snow from outside the district,
if containing deicing materials
|
No
|
SP
| |
|
Parking lot with 200 or more spaces capacity
|
SP
|
SP
| |
|
Solid waste disposal, except brush and stumps
generated on the site
|
SP
|
SP
| |
|
Waste characteristics:
| |||
|
On-site disposal of industrial waste, as defined
in Title V
|
SP
|
SP
| |
|
Use (other than single-family dwellings) having
estimated on-site sewage disposal exceeding 10 gallons per day per
1,000 square feet of lot area or exceeding 15,000 gallons per day
regardless of lot area (flow based on Title V)
|
SP
|
SP
| |
|
Waste generation requiring the obtaining of
an EPA identification number in excess of limits for a very small
quantity generator, as required under DEP regulations, 310 CMR 30
|
SP
|
SP
| |
|
Other characteristics:
| |||
|
Rendering impervious more than 30% of lot area
within the Water Resource District
|
SP
|
SP
| |
|
Use (other than single-family dwellings) retaining
less than 30% of lot area in its natural state with no more than minor
removal of trees and ground vegetation
|
SP
|
SP
| |
|
Discharge to surface water requiring an NPDES
permit (314 CMR 3.00)
|
SP
|
SP
| |
(b)
Changes in activity resulting in the necessity of obtaining an Environmental Protection Agency identification number as a waste generator (other than a very small quantity generator), changes resulting in crossing the thresholds of § 70-7.4D(2), or change of proprietorship for a use which exceeds the thresholds of § 70-7.4D(2) shall constitute change of use and is allowed only under special permit as provided under § 70-7.4D(4) or as provided under § 70-1.4 for existing nonconforming uses.
(3)
Confined Aquifer District use regulations. Within
the Confined Aquifer District, the requirements of the underlying
zoning districts continue to apply, except as follows:
(a)
Excavations, wells, borings or other man-made intrusions, other than those made for a municipal use, shall extend into the confined aquifer only if granted a special permit for water resource use under Subsection D(4) of this section. Any intrusion of greater than 50 feet depth below natural grade shall be presumed to extend into the confined aquifer unless demonstrated otherwise either to the satisfaction of the Planning Board in its development plan review, or to the special permit granting authority, through its hearing on the special permit application.
(b)
Wells must be constructed in accordance with
any applicable Board of Health regulations.[1] Wells shall have top openings higher than any potential surface sources of contamination and above the base flood level (see § 70-7.4A), unless located in a floodproofed well house, and shall employ approved backflow preventers.
(c)
All nonyielding holes installed in the process
of constructing a well must forthwith be filled and sealed so as to
not act as a conduit to the groundwater, and any abandoned well shall
similarly be filled and sealed within one year of abandonment. Filling
shall be done with clean puddled clay, neat cement grout or concrete
grout. The well point shall be recovered if possible.
(4)
Special permits.
(a)
Authority and procedure.
[1]
The special permit granting authority (SPGA)
shall be the Zoning Board of Appeals, except that if another agency
is designated under other provisions of this chapter as the SPGA for
the use being applied for, that agency shall act as SPGA under this
section.
[2]
Upon receipt of a complete application, the
SPGA shall transmit one copy each to the Planning Board, Conservation
Commission, Board of Health, Health Department, Department of Public
Works, Local Water Resources Management Official, Municipal Coordinator
for Hazardous Substances and Planning Administrator for their written
recommendations. Failure to respond within 35 days of transmittal
shall indicate approval by said agencies and officials.
[Amended 5-19-2015 ATM,
Art. 38]
(b)
Submittals. When applying for a special permit
for water resource use, 10 copies of the following shall be submitted
to the SPGA by the date of first publication of public hearing notice,
unless the SPGA, prior to formal application, determines that certain
of these items are not germane:
[1]
A complete list of all hazardous materials to
be used or stored on the premises, accompanied by a description of
proposed storage containers and measures proposed to protect from
vandalism, corrosion and leakage and to provide for spill prevention
and countermeasures.
[2]
A description of potentially hazardous wastes
to be generated, indicating storage and disposal method.
[3]
A description of the site sufficient to describe
any hydraulic connection with off-site water supplies and water bodies
and of potential pollution by coliform bacteria, nutrients or other
contaminants, including, as necessary, rock fracture trace mapping,
test drilling and test well observations, as detailed in administrative
regulations to be adopted and from time to time amended by the Board
of Appeals, following consultation with the Board of Health, Health
Department, Conservation Commission, Planning Board and Director of
Public Works.
[4]
Evidence of Massachusetts Department of Environmental
Protection (DEP) approval of any wastewater treatment system over
15,000 gallons per day capacity and of any industrial waste treatment
or disposal system.
[5]
For underground storage of hazardous materials,
evidence of qualified professional supervision of system design and
installation.
[6]
For disposal on-site of domestic wastewater
with an estimated sewage flow greater than 15,000 gallons per day,
evidence of qualified professional supervision of system design and
installation.
(c)
Special permit criteria.
[1]
Special permits for water resource use under § 70-7.4D shall be granted only if the SPGA makes the following determinations:
[a]
If waste characteristics of on-site disposal is the reason a special permit is required under § 70-7.4D(2), that for the portion of the site within the Water Resource District, nitrate loading would not exceed 10 parts per million based upon the following estimates, or other figures approved for the specific project:
[b]
That no private well or spring
located off-site will be degraded below State drinking water standards
(310 CMR 22.00) as a result of development on this site; and
[c]
That proposed control and response
measures adequately and reliably mitigate risk to groundwater quality
resulting from accident or system failure.
[2]
The SPGA shall retain qualified experts at the
reasonable expense of the applicant in order to evaluate the application
and submittals, except in those cases where such assistance is determined
by the SPGA to be unnecessary because of the simplicity of the specific
case.
(d)
Decision.
[1]
Conditions. Special permits shall be granted
only subject to such conditions as necessary to assure adequate safeguarding
of water quality, which may include the following, among others:
[a]
Monitoring wells to be located
down-gradient of potential pollution sources, with periodic sampling
to be provided to the Health Department at the owner's expense.
[b]
Pollutant source reduction, including
limitations on use of parking area deicing materials and periodic
cleaning or renovation of pollution control devices, such as catch-basin
sumps.
[2]
Departures. In its written decision, the SPGA
shall explain any departures from the recommendations of other Town
agencies or its retained experts.
(5)
Design and operations guidelines. Within Water Resource
Districts, the following design and operations guidelines shall be
observed:
(a)
Safeguards. Provision shall be made to protect
against hazardous materials discharge or loss through corrosion, accidental
damage, spillage or vandalism. This shall be accomplished through
such measures as provision for spill control in the vicinity of chemical
or fuel delivery points, secure storage areas for hazardous materials
and indoor storage provisions for corrodible or dissolvable materials.
(b)
Locations. Where the premises are partially
outside of the Water Resource District, such potential pollution sources
as on-site waste disposal systems shall, to the degree feasible, be
located outside the district.
(c)
Disposal. Provisions shall be made to assure
that any waste disposed on the site shall contain no hazardous materials,
or shall be disposed of in strict accordance with 310 CMR 30, Hazardous
Waste Regulations.
(d)
Drainage.
[1]
Provision shall be made for on-site recharge
of all stormwater runoff from impervious surfaces other than roofs
unless, in conducting development plan review, the Planning Board
determines that recharge either is infeasible because of site conditions
or is undesirable because of uncontrollable risks to water quality
from such recharge.
[2]
Stormwater recharge shall be by surface infiltration
through vegetative surfaces unless otherwise approved by the Planning
Board during development plan review. Where dry wells or leaching
basins are used, they shall be preceded by oil, grease and sediment
traps. Drainage from loading areas for toxic or hazardous materials
shall be separately collected for safe disposal.
[3]
The Planning Board may require the submittal
of a maintenance and monitoring plan for stormwater facilities to
assure the continuing effectiveness of pollution control provisions.
(e)
Sewerage. Sewerage within the Water Resource
District shall be designed and constructed in a manner such that groundwater
levels, flows and/or recharge will not be significantly lowered, diverted
or otherwise altered by such construction, and that risk of leakage
is minimized.
(f)
Ice-control chemicals. Where allowed, storage
of ice-control chemicals in quantities requiring state reporting shall
be authorized only within a weatherproof shelter having an impervious
floor and only if all loading and unloading will be done within that
shelter, with provisions made for safe cleanup.
(g)
Septic system cleaners. Septic system cleaners
containing toxic organic chemicals shall not be employed.
(h)
Fertilizers and pesticides. Fertilizers, pesticides,
herbicides and other leachable hazardous materials shall be stored
indoors only, and shall be applied in amounts not exceeding US EPA
and Massachusetts Pesticide Board standards and USDA Best Management
Practices standards.
(i)
Monitoring. Periodic monitoring may be required
as a condition of approval under development plan review or for special
permits, including sampling of wastewater disposed to on-site systems
or dry wells and sampling from groundwater monitoring wells to be
located and constructed as specified in the special permit with reports
to be submitted to the SPGA, the Health Department and the Board of
Water Commissioners. The costs of monitoring, including sampling and
analysis, shall be borne by the owner of the premises.
(6)
Violations. Written notice of any violation shall
be provided by the Planning Administrator to the owner of the premises,
specifying the nature of the violation and specifying a time for compliance,
including cleanup of any spilled materials. The time allowed shall
be reasonable in relation to the public health hazard involved and
the difficulty of compliance, but in no event shall more than 30 days
be allowed for either compliance or finalization of a plan for longer-term
compliance. The costs of achieving compliance shall be borne by the
owner of the premises or, if uncollectible from the owner, by the
responsible occupant.
[Amended 5-19-2015 ATM,
Art. 38]
E.
Wellhead Protection District.
(1)
Intent. The Wellhead Protection District (WPD) is
established to promote the health, safety and general welfare of the
community by ensuring an adequate quality and quantity of drinking
water for the residents, institutions and businesses of the Town;
to preserve and protect existing and potential sources of drinking
water supplies; to conserve the natural resources of the Town of Williamstown;
and to prevent temporary and permanent contamination of the environment.
(2)
Superimposition. The Wellhead Protection District
shall be considered to be superimposed over any other district established
by this chapter. Within WPD, the requirements of the underlying zoning
districts continue to apply, except that uses are prohibited where
indicated by "No" in Table 7.4, and require a special permit where
indicated by "SP" in Table 7.4, even where the underlying district
requirements are more permissive. Where there is no entry in Table
7.4, the underlying district requirements control.
|
Table 7.4
Wellhead Protection District Use Schedule
| ||||
|---|---|---|---|---|
|
USES
| ||||
|
1
|
Landfills and open dumps as defined in 310 CMR
19.006.
|
No
| ||
|
2
|
Storage of liquid petroleum products, except
the following:
|
No
| ||
|
a.
|
Normal household use, outdoor maintenance and
heating of a structure,
| |||
|
b.
|
Waste oil retention facilities, required by
statute, rule or regulation,
| |||
|
c.
|
Emergency generators, required by statute, rule
or regulation,
| |||
|
d.
|
Treatment works approved under 314 CMR 5.00
for treatment of ground or surface waters,
| |||
|
provided that such storage, listed in items
a through d above, is in freestanding containers within buildings
or above ground with secondary containment adequate to contain a spill
the size of the container's total storage capacity.
| ||||
|
3
|
Landfilling of sludge or septage as defined
in 310 CMR 32.05.
|
No
| ||
|
4
|
Storage of sludge and septage, unless such storage
is in compliance with 310. CMR 32.30 and 310 CMR 32.31.
|
No
| ||
|
5
|
Individual sewage disposal systems that are
designed in accordance with 310 CMR 15.00 to receive more than 110
gallons of sewage per quarter acre under one ownership per day, or
440 gallons of sewage on any one acre under one ownership per day,
whichever is greater, provided that the replacement or repair of a
system, which will not result in an increase in design capacity over
the original design, or the design capacity of 310 CMR 15.00, whichever
is greater, shall be exempted; in cluster subdivision the total sewage
flow allowed shall be calculated based on the number of percable lots
in the entire parcel.
|
No
| ||
|
6
|
Storage of deicing chemicals unless such storage,
including loading areas, is within a structure designed to prevent
the generation and escape of contaminated runoff or leachate.
|
No
| ||
|
7
|
Storage of animal manure unless covered or contained
in accordance with the specifications of the United States Natural
Resources Conservation Service.
|
No
| ||
|
8
|
Earth removal, consisting of the removal of
soil, loam, sand, gravel or any other earth material (including mining
activities) to within six feet of historical high groundwater as determined
from monitoring wells and historical water table fluctuation data
complied by the United States Geological Survey, except for excavations
for building foundations, roads, or utility works.
|
No
| ||
|
9
|
Facilities that generate, treat, store or dispose
of hazardous waste subject to MGL C. 21C and 310 CMR 30.000, except
the following, which shall require a special permit pursuant to subsection
20, below:
|
No
| ||
|
a.
|
Very small quantity generators as defined under
310 CMR 30.000;
| |||
|
b.
|
Household hazardous waste centers and events
under 310 CMR 30.390;
| |||
|
c.
|
Waste oil retention facilities required by MGL
C. 21, § 52A;
| |||
|
d.
|
Water remediation treatment works approved by
Massachusetts Department of Environmental Protection (DEP) or, where
applicable, a licensed site
| |||
|
professional (LSP) under 310 CMR 40.00, as amended,
for the treatment of contaminated ground or surface waters.
| ||||
|
10
|
Automobile graveyards and junkyards, as defined
in MGL C. 140B, § 1.
|
No
| ||
|
11
|
Treatment works that are subject to 314 CMR
5.00, including privately owned sewage treatment facilities, except
the following:
|
No
| ||
|
a.
|
The replacement or repair of an existing treatment
works that will not result in a design capacity greater than the design
capacity of the existing treatment works;
| |||
|
b.
|
The replacement of existing subsurface sewage
disposal system(s) with wastewater treatment works that will not result
in a design capacity greater than the design capacity of the existing
system(s);
| |||
|
c.
|
Treatment works approved by the Massachusetts
Department of Environmental Protection or, where applicable, an LSP,
designed for the treatment of contaminated groundwater or surface
water;
| |||
|
d.
|
Sewage treatment facilities in those areas with
existing water quality problems when it has been demonstrated to the
Department of Environmental Protection's and the special permit granting
authority's satisfaction and approval both that these problems are
attributable to current septic systems and that there will be a net
improvement in water quality.
| |||
|
12
|
Storage of hazardous materials, as defined in
MGL C. 21E, unless in a freestanding container within a building or
above ground with secondary containment adequate to contain a spill
the size of the container's total storage capacity.
|
No
| ||
|
13
|
Industrial and commercial uses which discharge
process wastewater on-site.
|
No
| ||
|
14
|
Stockpiling and disposal of snow and ice containing
deicing chemicals if brought in from outside the district.
|
No
| ||
|
15
|
Storage of commercial fertilizers, as defined
in MGL C. 128, § 64, unless such storage is within a structure
designated to prevent the generation and escape of contaminated runoff
or leachate.
|
No
| ||
|
16
|
The use of septic system cleaners which contain
toxic or hazardous chemicals.
|
No
| ||
|
17
|
Enlargement or alteration of existing uses that
do not conform to the Groundwater Protection District.
|
SP
| ||
|
18
|
The application of pesticides, including herbicide,
insecticides, fungicides and rodenticides, for nondomestic or nonagricultural
uses in accordance with state and federal standards. The special permit
shall be granted if the applicant demonstrates that such standards
will be met. If applicable, the applicant should provide documentation
of compliance with a Yearly Operating Plan (YOP) for vegetation management
operations under 333 CMR 11.00 or a Department of Food and Agriculture
approved Pesticide Management Plan or Integrated Pest Management Plan
(IPM) program under 333 CMR 12.00.
|
SP
| ||
|
19
|
The application of fertilizers for nondomestic
or nonagricultural uses. Such applications shall be made in a manner
so as to minimize adverse impacts on groundwater due to nutrient transport,
deposition and sedimentation.
|
SP
| ||
|
20
|
Those activities that are exempt under Subsection
9 above, and activities that involve the handling of toxic or hazardous
materials as defined herein, in quantities greater than those associated
with normal household use, if permitted in the underlying zoning.
Such activities shall require a special permit to prevent contamination
of groundwater.
|
SP
| ||
|
21
|
The construction of dams or other water control
devices, ponds, pools, basins or other changes in water bodies or
courses, created for swimming, fishing or other recreational uses,
agricultural uses or drainage controls or improvements. Such activities
shall not adversely affect water quality or quantity.
|
SP
| ||
|
22
|
Any use that will render impervious more than
15% or 2,500 square feet of any lot, whichever is greater. A system
for groundwater recharge must be provided which does not degrade groundwater
quality. For nonresidential uses, recharge shall be by stormwater
infiltration basins or similar system covered with natural vegetation.
Dry wells shall be preceded by oil, grease and sediment traps to facilitate
removal of contamination. Any and all recharge areas shall be permanently
maintained in full working order by the owner.
|
SP
| ||
(3)
Special permits.
(a)
Authority. The special permit granting authority
(SPGA) shall be the Zoning Board of Appeals.
(b)
Procedure.
[1]
Twelve copies of the following shall be submitted
to the SPGA by the date of the first publication of public hearing
notice, unless the Planning Administrator, prior to formal application,
determines that certain of these items are not germane:
[a]
Items [1] - [6] of § 70-7.4D(4)(b)
[b]
Evidence of compliance with the
regulations of the Massachusetts Hazardous Waste Management Act (310
CMR 30.000), including obtaining an EPA identification number from
the DEP.
[c]
Provisions for indoor, secured
storage of hazardous materials and wastes with impervious floor surfaces.
[d]
Proposed down-gradient location(s)
for groundwater monitoring well(s), should the SPGA determine the
activity a potential groundwater threat.
[2]
Upon receipt of a complete application, the
SPGA shall transmit one copy each to the Planning Board, Conservation
Commission, Department of Public Works, Board of Health, Planning
Administrator and Municipal Coordinator for Hazardous Substances for
their written recommendations. Failure to respond within 35 days of
transmittal shall indicate approval by said agencies and officials.
[Amended 5-19-2015 ATM,
Art. 38]
(c)
Special permit criteria.
[1]
In addition to the special permit criteria of § 70-8.4D, special permits for the uses in Table 7.4 requiring a special permit, except for 17 preexisting nonconforming uses (which need only comply with the criteria of § 70-8.4D), shall comply with the following criteria:
[a]
That no private well or spring
located off-site will be degraded below state drinking water standards
(310 CMR 22.00) as a result of development on this site; and
[b]
That proposed control and response
measures adequately and reliably mitigate risk to groundwater quality
resulting from accident or system failure.
[2]
The SPGA shall retain qualified experts at the
reasonable expense of the applicant in order to evaluate the application
and submittals, except in those cases where such assistance is determined
by the SPGA to be unnecessary.
(d)
Decision.
[1]
Conditions. Special permits shall be granted
subject to such conditions as necessary to assure adequate safeguarding
of water quality, which may include the following, among others:
[a]
Monitoring wells to be located
down-gradient of potential pollution sources, with periodic sampling
to be provided to the Health Department at the owner's expense.
[b]
Pollutant source reduction, including
limitations on use of parking area deicing materials and periodic
cleaning or renovation of pollution control devices, such as catch-basin
sumps.
[2]
Departures. In its written decision, the SPGA
shall explain any departures from the recommendations of other Town
agencies or its retained experts.
(4)
Design and operations guidelines. Within the Wellhead
Protection District, the following design and operations guidelines
shall be observed:
(a)
Safeguards. Provision shall be made to protect
against hazardous materials discharge or loss through corrosion, accidental
damage, spillage or vandalism. This shall be accomplished through
such measures as provision for spill control in the vicinity of chemical
or fuel delivery points, secure storage areas for hazardous materials
and indoor storage provisions for corrodible or dissolvable materials.
(b)
Locations. Where the premises are partially
outside of the Wellhead Protection District, such potential pollution
sources as on-site waste disposal systems shall, to the degree feasible,
be located outside the district.
(c)
Disposal. Provisions shall be made to assure
that any waste disposed on the site shall contain no hazardous materials,
or shall be disposed of in strict accordance with 310 CMR 30, Hazardous
Waste Regulations.
(d)
Drainage.
[1]
Provision shall be made for on-site recharge
of all stormwater runoff from impervious surfaces other than roofs
unless, in conducting development plan review, the Planning Board
determines either (i) that recharge is infeasible because of site
conditions, or (ii) that the recharge is undesirable because of uncontrollable
risks to water quality from such discharge, or (iii) within the Village
Business District, that the runoff is designed to flow to a stormwater
sewer and the authority having jurisdiction over said stormwater sewer
gives written confirmation and acceptance to the applicant, with a
copy filed with the Department of Inspection Services, that the stormwater
sewer system is capable of accepting such runoff.
[Amended 5-19-2009 ATM, Art. 32]
[2]
Stormwater recharge shall be by surface infiltration
through vegetative surfaces unless otherwise approved by the Planning
Board during development plan review. Where dry wells or leaching
basins are used, they shall be preceded by oil, grease and sediment
traps. Drainage from loading areas for toxic or hazardous materials
shall be separately collected for safe disposal.
[3]
The Planning Board may require the submittal
of a maintenance and monitoring plan for stormwater facilities to
assure the continuing effectiveness of pollution control provisions.
(e)
Sewerage. Sewerage within the Wellhead Protection
District shall be designed and constructed in a manner such that groundwater
levels, flows and/or recharge will not be significantly lowered, diverted
or otherwise altered by such construction, and that risk of leakage
is minimized.
(f)
Ice control chemicals. Where allowed, storage
of ice control chemicals in quantities requiring state reporting shall
be authorized only within a weatherproof shelter having an impervious
floor and only if all loading and unloading will be done within that
shelter, with provisions made for safe cleanup.
(g)
Septic system cleaners. Septic system cleaners
containing toxic organic chemicals shall not be employed.
(h)
Fertilizers and pesticides. Fertilizers, pesticides,
herbicides and other leachable hazardous materials shall be stored
indoors only, and shall be applied in amounts not exceeding US EPA
and Massachusetts Pesticide Board standards and USDA Best Management
Practices standards.
(i)
Monitoring. Periodic monitoring may be required
as a condition of approval under development plan review or for special
permits, including sampling of wastewater disposed to on-site systems
or dry wells and sampling from groundwater monitoring wells to be
located and constructed as specified in the special permit with reports
to be submitted to the SPGA, Board of Health and Board of Water Commissioners.
The costs of monitoring, including sampling and analysis, shall be
borne by the owner of the premises.
F.
Waubeeka Overlay District.[2]
[Added 5-17-2016 ATM,
Art. 35]
(1)
Intent. The Waubeeka Overlay District is intended to permit and encourage
redevelopment at the Waubeeka property in a manner that:
(a)
Preserves the majority of the area within the district, including
the golf course, as an important community recreational and open space
asset.
(b)
Is consistent and in keeping with the historical context of
the adjacent South Williamstown Historic District and the greater
community.
(c)
Promotes the public welfare by encouraging the reuse and enhancement
of an existing economic asset.
(2)
The Waubeeka Overlay District is superimposed over the underlying Rural Residence 2 District. Land in the district may be used for such uses as are permitted by right or allowed subject to special permit approval in the underlying district, subject to the same requirements as in the underlying district. Within the WOD, requirements of the underlying district shall apply except where superseded by the special requirements of the WOD in connection with WOD special permits. In the event a WOD special permit lapses pursuant to § 70-8.4B, is permanently revoked, or is permanently surrendered, the special requirements of such WOD special permit shall expire.
(3)
Permissible uses. The following primary and accessory uses are permitted
in the WOD upon special permit from the Zoning Board of Appeals.
(4)
Development standards.
(a)
Height Requirements: Buildings shall be limited to three stories
in height, and no higher than 40 feet. The exterior design will reduce
the apparent height and bulk of the building. Design features should
have architectural elements that divide the building into smaller
pieces. Applicants are required to present plans that demonstrate
consistency with this objective.
(b)
Landscaping. Landscaping should reduce the apparent height and
bulk of the building. Landscape design will include trees, singly
or in clumps, arranged to break up the mass of the building and provide
a more human scale and shall be oriented in order to reduce massing
from adjacent properties and preserve existing distant mountain view
sheds to the maximum extent practicable.
(c)
Dimensional requirements. The underlying dimensional standards
of the Rural Residence 2 District shall apply.
(d)
Parking requirements: subject to parking determination from
the Planning Board as an unlisted use.
(e)
Access requirements. Access to building envelopes shall be from
New Ashford Road.
(5)
Open space and building envelopes. In connection with any WOD special
permit, the entire WOD shall be divided into open space and building
envelopes.
(a)
All areas not included in a building envelope shall remain open
space as a condition of any WOD special permit.
[1]
Permitted open space improvements. Open space shall be inclusive
of: subsurface infrastructure; accessory use, ground-mounted solar
photovoltaic infrastructure and panels; golf course playing area;
and such accessory buildings reasonably necessary to support the operation
of such permitted open space improvements, provided no such accessory
buildings shall have an area in excess of 600 square feet. Examples
of such accessory buildings include pump houses, equipment shelters,
control technology shelters, rain shelters, restrooms and snack sheds.
[2]
Prohibited open space improvements: all structures other than those permitted under Subsection F(5)(a)[1] above.
(b)
Building envelopes. Structures, infrastructure, improvements and landscaping may be permitted as described in the definitions of "primary building envelope" and "secondary building envelopes" set forth in Subsection F(8) below.
(c)
Infrastructure. All infrastructure in the district need not
be located on the same parcel, premises, or Assessor's Map Lot as
the structures or uses it supports. Building envelopes and the structures,
infrastructure, improvements and landscaping within them may span
parcels, premises, or Assessor's parcels within the WOD.
(d)
Plan requirements. Any applicant for a WOD special permit shall submit a plan defining open space areas and building envelopes in accordance with this section and the definitions of "primary building envelope" and "secondary building envelopes" set forth in Subsection F(8) below. The plan shall be prepared by an engineer, architect or registered surveyor, and any WOD special permit shall include a condition approving and referencing the open space/building envelope plan.
(6)
Special permit criteria. Any proposed development shall meet the following criteria in addition to the special permit criteria of § 70-8.4D.
(a)
The overall development, including architectural design, shall
be of a form, style and scale that maintains and enhances those qualities
and historical traditions of the Five Corners National Registered
Historic District in order to protect the historic and scenic character
of the adjacent district.
(b)
The development shall considerately treat and not detract from
viewsheds described as Noteworthy and Distinctive in the 1982 Massachusetts
Landscape Inventory published by the Massachusetts Department of Environmental
Management.
(c)
No dwelling units shall be located in the WOD as a condition
of any special permit which permits a country inn.
(7)
WOD conservation restriction. As a condition of the use and occupancy
of any country inn allowed by WOD special permit, a conservation restriction
(CR) shall be placed on all of Map 304, Lot 30 (the "CR Lot") under
the following terms.
(a)
Allowed uses. The following uses are allowed on the CR Lot:
[1]
A well or wells and all related infrastructure;
[2]
Ground-mounted photovoltaic infrastructure and panels;
[3]
Geothermal heating or cooling infrastructure;
[4]
All necessary activity and infrastructure to explore, dig for,
drill, affix upon, install and then draw from and convey from the
CR Lot the product of the above uses for the purpose of serving any
and all development located on Map 303, Lots 17 and/or 51 and/or any
division thereof:
(b)
Prohibited uses. The following uses are prohibited on the CR
Lot:
[1]
The construction or placing of any buildings, improvements, or roadways other than as needed to support the uses reserved in Subsection F(7)(a).
[2]
The placing, storage, or dumping of refuse, trash, vehicle bodies
or parts, rubbish, debris, junk, or waste;
[3]
The excavation from the CR Lot of any loam, peat, sand, gravel,
rock or other mineral resources, other than that which is necessary
to accommodate an allowed use.
(c)
The CR shall be offered as a permanent conservation restriction to the Town of Williamstown provided that if the permanent CR is not approved by any governmental body as required by MGL c. 184, § 26, 31, or 32, this Subsection F(7) CR condition shall be satisfied by offering the CR to the Town of Williamstown for 30 years pursuant to MGL c. 184, § 27, in which case it shall be renewable for additional periods of 20 years, all as provided in said MGL c. 184, § 27.
(d)
In the event a WOD special permit lapses pursuant to § 70-8.4B, no CR shall be granted in connection with such lapsed permit, but shall be granted pursuant to the terms hereof in the event the lapsed permit is reinstated.
(e)
The CR shall not grant to the public any right to enter upon
the CR Lot.
(8)
BUILDING ENVELOPES
COUNTRY INN
GOLF COURSE
OPEN SPACE
PRIMARY BUILDING ENVELOPE
SECONDARY BUILDING ENVELOPES
WOD definitions. For the purposes of consideration of any WOD special
permit, the following terms, abbreviations and words shall be defined
as follows.
Those areas of the WOD up to, but not more than, 10 acres in total, in which all structures other than permitted open space improvements as defined in Subsection F(5)(a) must be located. The total acreage of the primary building envelope and secondary building envelope(s), if any, shall not exceed 10 acres.
An establishment where overnight transient sleeping accommodations
are provided to lodgers in one or more guest rooms without kitchens,
not to exceed 120 such rooms. If more than one room or area (for example,
bedroom, living room or dining area) is located within a single suite
or unit, each component room or area within such suite or unit counts
as a separate "room" for purposes of this section. Country inns have
common sitting and dining areas and may include a restaurant which
may be open to the general public. Country inns may further include
the following accessory uses:
An area with at least 18 holes for playing golf, including
improved tees, greens, fairways, and hazards, and may include a driving
range, golf playing area. Golf course facilities may include a clubhouse
with golf related retail sales, e.g., pro-shop, as well as a restaurant
which may be open to the general public ("golf patron structures");
and golf course equipment maintenance and storage structures and golf
cart storage barns ("golf operations structures").
Areas left substantially in a natural or landscaped state. The only improvements allowed in open space are permitted open space improvements as described in Subsection F(5)(a)[1].
A single area of up to but not more than 10 acres of the WOD shall be designated the primary building envelope. The primary building envelope shall be for structures and uses listed in Subsection F(3)(a) above. All country inns, golf course patron structures, and parking necessary for such structures shall be located in the single primary building envelope. Golf operations structures also may be located in the primary building envelope or may be located in a secondary building envelope or envelopes. The single primary building envelope shall be located on Assessor's Map 303, Lot 17 and a contiguous portion of Map 303, Lot 51 to the south of Map 303, Lot 17.
One or more building envelopes separate from the primary
building envelope. Only golf operations structures and parking for
such structures are permitted in a secondary building envelope. The
total amount of acreage devoted to any secondary building envelope(s)
shall be subtracted from the acreage available for the primary building
envelope such that the total acreage of the primary building envelope
and secondary building envelope(s), if any, shall not exceed 10 acres.
[2]
Editor's Note: Former Subsection F, Station Mill Redevelopment
District, added 5-18-2004 ATM, Art. 28, was repealed 5-15-2007 ATM,
Art. 29.
G.
Cable Mills Redevelopment District.
(1)
Intent. The intent of the Cable Mills Redevelopment
District (CMRD) is to encourage the redevelopment of the historic
Cable Mills site in a manner that:
(a)
Preserves and complements adjacent historic
properties;
(b)
Preserves the historic character and viability
of the Cable Mills District and maintains its place in Williamstown's
history; and
(c)
Promotes diverse housing opportunities and uses
including residential, commercial, retail, office, or a combination
thereof.
(2)
Superimposition. The Cable Mills Redevelopment District
shall be considered to be superimposed over the underlying Village
Business District. Within CMRD, the requirements of the underlying
district continue to apply, except that uses are prohibited where
indicated by "No," or require a special permit where indicated by
"SP" in Table 7.6, even when the underlying district requirements
are more permissive.
|
Table 7.6
Cable Mills Redevelopment District Use
Schedule
| |||
|---|---|---|---|
|
USES
| |||
|
(A)
|
RESIDENTIAL USES
| ||
|
1
|
New two-family dwellinqs
|
SP
| |
|
2
|
New multifamily dwellings (see 70-7.1K)
|
SP
| |
|
3
|
Multifamily dwellings by conversion of an existing
historic building (see 70-7.1K)
|
SP
| |
|
(B)
|
BUSINESS USES
| ||
|
1
|
Theater, bowling alley, skating rink, club or
other place for amusement, exercise, or assembly
|
SP
| |
|
2
|
Tourist home
|
No
| |
|
3
|
Hotel
|
SP
| |
|
4
|
Bus or taxi terminals
|
No
| |
|
5
|
Cemetery, hospital, sanitarium, nursing home
or other medical institution, including nonprofit research laboratory
or charitable institution.
|
No
| |
|
6
|
Salesroom for automobiles, bicycles, boats,
farm implements and similar equipment
|
No
| |
|
7
|
Gasoline service station, garage or repair shop
(see § 70-7.2.B)
|
No
| |
|
8
|
Funeral Home
|
No
| |
|
9
|
Mortuary or crematory
|
No
| |
|
10
|
Restaurants closer than 50 feet to the south
property line
|
No
| |
|
(C)
|
INDUSTRIAL USES
| ||
|
1
|
Printing or publishing establishment
|
No
| |
|
(D)
|
ACCESSORY USES
| ||
|
1
|
Parking of larger vehicles
|
SP
| |
(3)
Special permits.
(a)
Authority. The special permit granting authority
(SPGA) shall be the Zoning Board of Appeals.
(b)
Procedure. All applications for special permits for the construction or conversion of buildings for uses in Table 7.6 shall include a development plan, prepared in accordance with § 70-8.2. The Historical Commission shall receive copies of the plan and proposal. The Historical Commission may comment on whether the proposed use meets the criteria of § 70-8.4 and recommend conditions and safeguards to meet the criteria or mitigate negative impacts.
(c)
Criteria for special permits. In addition to the criteria set forth in § 70-8.4D, special permits required for uses in Table 7.6 shall issue only after consideration of the project's compliance with the following criteria: The development facilitates the intent of the CMRD set forth in § 70-7.4.G(1) through:
[1]
Connection of buildings to the adjoining properties
through architectural style and scale;
[2]
A mix of residential and commercial uses;
[3]
Access to the Green River for recreation;
[4]
Diverse housing opportunities, including market
rate dwelling units and dwelling units that are affordable to households
at or below the then-current median income for nonmetropolitan Berkshire
County, as estimated by the HUD Regional Economist; and
[5]
Limiting risk to the Wellhead Protection District.
(d)
Decision. Special permits shall be granted subject to specific findings by the SPGA that the development meets the criteria of § 70-8.4 and the more specific criteria set forth above. In granting special permits, the SPCA reserves the right to impose conditions for the protection of the neighborhood and Town water supply and the implementation of the stated intent of the CMRD. Such conditions, safeguards, or limitations may include, but not be limited to, those contained in § 70-8.4D.
