Town of Bolton, MA Article V Special Regulations

§ 250-20 Trailers and mobile homes.

A. Bylaw applicability. All trailer coaches or mobile homes, used for dwelling, commercial, business or industrial purposes, parked in any area of the Town for more than 90 days shall conform to all bylaws and regulations applying to permanent dwellings or buildings except in emergencies as provided by the seventh paragraph of MGL c. 40A, § 3.

B. Time restriction. The use of trailers or mobile homes for dwelling, commercial, business or industrial purposes in the Town for more than a period of one year is prohibited.

§ 250-21 Accessory uses.

[Amended 5-4-1987 ATM by Art. 11; 5-1-1995 ATM by Art. 7; 5-3-1999 ATM by Art. 10; 6-22-2020 ATM by Art. 10; 5-3-2021 ATM by Art. 11; 5-3-2021 ATM by Art. 10; 5-5-2025 ATM by Art. 14]

A. Home occupations. In all districts, professional office or customary home occupation uses are permitted, provided that:

(1) The profession or home occupation is conducted by a resident of the premises.

(2) The use is clearly incidental to and secondary to the use of the premises for residential purposes and the external character of the premises is that of a one-family residence.

(3) Not more than two persons other than the residents of the dwelling and not more than a total of four are employed at any one time on the premises in the home occupation.

(4) No noise, vibration, dust, heat, odors, glare, traffic congestion, unsightliness or other nuisance results which is discernible from other properties, or which is detrimental to the environment.

B. Swimming pools. No person shall erect or construct a permanent swimming pool in the Town of Bolton without a building permit. Outdoor swimming pools shall be protected by an enclosure consistent with the requirements of the State Building Code.

C. Accessory scientific uses. Scientific research or development may be allowed on special permit as an accessory use in any district, as provided in paragraph 16 of MGL c. 40A, § 9.

D. Secondary units.

Accessory Dwelling Unit, Large Accessory Dwelling Unit, and Large Detached Accessory Dwelling Unit shall collectively be referred to as Secondary Unit for this section. The Planning Board shall act as the site plan review granting authority in accordance Rules and Regulations for Secondary Units for all secondary units which are subject to the following requirements.

(1) No Secondary Unit permitted under this section shall be constructed and occupied without building and occupancy permits issued by the Building Inspector.

(2) All applicable federal, state and local building and health codes must be satisfied, including all bylaws of the Town of Bolton.

(3) Secondary Units must comply with § 250-13 Dimensional Regulations.

(4) The principal dwelling home and the Secondary Unit must satisfy the requirements of 310 CMR 15.00 (Sanitary Code - Title V) and Bolton Board of Health regulations.

(5) There shall be a maximum of one Secondary Unit per principal dwelling on a single lot.

(6) Secondary Units shall not be used for online home rental services for transient occupancy or short-term rentals as defined in MGL c. 64G:1.

(7) The outside appearance of the premises shall remain that of a single-family residence.

(8) The Secondary Unit shall appear incidental to the principal residence.

(9) An additional driveway or curb cut may be considered at the discretion of the Planning Board.

(10) There must be a minimum one parking space provided for the secondary unit.

Accessory buildings, either legally nonconforming or constructed with a building permit prior to May 3, 2021, whose gross floor areas satisfy the above criteria but exceed the maximum allowed area may be improved as Secondary Units by Special Permit by the Planning Board.

E. Agricultural/Business use. The Town of Bolton finds that in order to protect and preserve agricultural, horticultural, floricultural, or viticultural lands, to preserve natural resources and maintain land in active agricultural, horticultural, floricultural, or viticultural use, it is necessary to allow the owners of said lands to conduct an accessory business to supplement income from said uses. Agricultural/Business use may be allowed by special permit issued by the Select Board under § 250-7 as an accessory use in any district.

(1) Allowable agricultural/business uses. Allowable accessory uses are the following:

(a) Retail sales of farm products, crafts and similar retail products, as well as newspapers or magazines, including serving and consumption of baked goods and other prepared foods on the premises during hours of operation as defined in the special permit;

(b) Large and small animal veterinary services;

(c) Hosting or staging of revenue-generating events, tours, weddings, and functions which are appropriate in scale to the premises and surrounding residential area, including the preparation and serving of food and beverages for such events.

(d) Wireless communication facility(s), as defined in § 250-25, Wireless communications, and any accessory structure(s) and/or building(s) replaced, constructed, installed and/or maintained pursuant to a special permit(s) issued under this Subsection E and § 250-25, Wireless communications.

(2) Prohibited uses.

(a) Specific uses which are not allowed on residentially zoned agricultural land are the following:

[1] Gas stations or retail or wholesale fuel storage or delivery;

[2] Retail stores such as drug, department, pastry, hardware, and clothing stores; and

[3] Manufacture of nonagricultural products.

(b) All other uses must meet the requirements of Subsection E(1) above.

(3) Eligibility. An owner may apply for an agricultural/business use special permit if the owner has not fewer than 20 acres on one or more contiguous parcels or 75 contiguous acres as specifically required by Subsection E(5), Wireless communication agricultural/business use, within the Town of Bolton which is:

(a) Being actively farmed, or which has a specific farming plan submitted with the application; and

(b) Which has a state, Town, or privately held perpetual agricultural preservation restriction or conservation restriction or an application for such a restriction pending before the appropriate approving authority for the restriction. The restriction must apply to at least 20 acres, but the accessory use may be on unrestricted land contiguous to the agricultural land. Any special permit granted regarding land which is the subject of a pending restriction will be issued conditionally upon approval of the restriction.

(4) Criteria. The proposed agricultural/business use must be clearly accessory to the principal use of the premises. The special permit shall be granted only upon the determination that:

(a) The use meets the definition of Subsection E(1) above and is not one of the excluded uses in Subsection E(2) above; and

(b) The use is reasonably related to the primary use and serves to promote the primary use and its products beyond merely bringing in additional revenue; and

(c) The use is not detrimental to the primary use of the land; and

(d) Total annual projected sales from the accessory use when fully operational do not exceed total sales derived from agriculture, horticulture, floriculture, or viticulture; and

(e) Facilities and structures constructed for the accessory use are compatible with other agricultural facilities on the property in function, visually, and in scale such that the total footprint of all accessory facilities does not exceed 50% of the footprint of all agricultural facilities on the property; and

(f) The accessory use:

[1] Is appropriate to the site;

[2] Meets all of the requirements of § 250-7B of this bylaw;

[3] Does not substantially adversely affect the surrounding residential properties as compared with the primary use as to sound, light, odor, noise, and other disturbances;

[4] Does not pose a threat to traffic safety; and

[5] Does not adversely affect the Town's ability to provide municipal and public safety services to the premises by way of existing roads and with the use of existing Town equipment.

(5) Wireless communication agricultural/business use. An agricultural/business use special permit to construct a wireless communication facility(s) pursuant to this bylaw may be issued if, in addition to the above, the owner and the parcel(s) on which the wireless communication facility(s) is (are) located have complied with the following:

(a) A special permit issued under § 250-25, Wireless communications, has previously been or is contemporaneously granted; and

(b) The property has (i) an agricultural preservation restriction with the Commonwealth of Massachusetts in perpetuity pursuant to Massachusetts General Laws, or (ii) an Agricultural Development Restriction with the Town of Bolton, or (iii) an application for such a restriction pending before the appropriate approving authority.

[1] An agricultural development restriction is a restriction granted to the Town of Bolton that is administered by the Select Board and recorded with the Worcester Registry of Deeds or with the Land Court that prohibits the subdivision, development or other nonagricultural use of any part of the restricted property. The agricultural development restriction must contain wording that specifies that the Select Board will not release any of the restricted property until it has determined that the property has been restored to substantially the same condition as it was in prior to the construction of the wireless communication facility. The agricultural development restriction must further convey to the Town of Bolton in perpetuity a right of first refusal to acquire the restricted property.

[2] Any special permit granted which is the subject of a pending restriction will be issued conditionally upon approval of the restriction. The executed restriction must be recorded with the Worcester Registry of Deeds; and

(c) For each wireless communication facility, the agricultural preservation restriction or the agricultural development restriction must apply to a contiguous parcel(s) of at least 75 contiguous acres within the Town of Bolton and Subsection E(3)(b) does not apply. More than one wireless communications facility or tower may be situated on a contiguous parcel(s). For each additional tower after the first tower on a contiguous parcel(s), the contiguous property under either an agricultural preservation restriction or the agricultural development restriction must be increased by a multiple equal to at least the number of additional towers times a minimum of 75 contiguous acres within the Town of Bolton; and

(d) No portion of the property included in the area restricted pursuant to Subsection E(5)(b) may be included or considered as part of any other agricultural preservation restriction for any other allowable agricultural/business use application or special permit under Subsection E; and

(e) All of the wireless communication facility(s) must be located wholly within the contiguous restricted property; and

(f) The restricted property must have at least 200 feet of continuous frontage on an approved or accepted right-of-way within the Town of Bolton; and

(g) Any wireless communication facility must be set back from:

[1] Any property line, other than a property line immediately bordering Route 495, by not less than 600 feet. From a property line bordering Route 495, the setback shall be at least one time the height of the wireless communication facility, including any appurtenant equipment or communication device(s) attached thereto; and

[2] The center line of an approved or accepted right-of-way, other than Route 495, by not less than 800 feet. Adjacent to Route 495, the property line setback will apply; and

[3] The required findings for a special permit in § 250-25F(8)(a) and (b) do not apply; and

[4] At the time of the special permit application, from any residence which has been built or for which a building permit has been granted or from the site of any residence shown on a plan of land approved by the Town of Bolton or under consideration for approval by the Town of Bolton by not less than 1,000 feet.

(h) The requirements of Subsection E(4)(b) and (e) shall not apply.

(i) Sufficient grounds for the immediate revocation of the agricultural/business use special permit for a wireless communication agricultural/business use shall include the discontinuation of the agricultural use of the restricted property.

(j) Administration. Such permit may also impose conditions, safeguards and limitations on time and use. Changes to the accessory use and/or increases to and/or size of agricultural facilities which result in increases in the number or size of accessory facilities require submission of a new special permit application to the special permit granting authority.

(6) Enforcement. The special permit granting authority shall monitor conduct of agricultural/business accessory uses for compliance with the terms of the special permit and any conditions attached thereto. The special permit granting authority shall impose as a condition that the permit holder must provide, if requested, annual sales information for the accessory agricultural/business and primary agricultural use of land. If the special permit granting authority determines that the permit conditions have been violated, the permit may be revoked following notice and public hearing.

F. Bed-and-breakfast establishments and homes. The Planning Board, acting as the special permit granting authority (SPGA), may grant a special permit for the renting of rooms as a bed-and-breakfast establishment or bed-and-breakfast home in the Residential District. An owner-occupied and -operated dwelling of residential character may be used as a bed-and-breakfast for the lodging of overnight guests, provided such dwelling and the operation thereof meets all of the following conditions:

(1) The bed-and-breakfast use shall appear incidental to the primary residential use of the dwelling.

(2) The bed-and-breakfast use shall not be substantially detrimental or offensive to the neighborhood or destructive of property values therein.

(3) Guest rooms shall contain no individual cooking facilities.

(4) Breakfasts shall be made available to guests from a central kitchen and shall be limited to those who are permanent residents and paying overnight guests.

(5) Visibility of parking and service areas from public streets shall be minimized through site arrangement, and such areas shall be screened from abutting properties.

(6) Domestic scale shall be maintained in the building's architectural design through massing devices, such as breaks in wall and roof planes and through the design of architectural features.

(7) Pedestrian and vehicular movement to, from and within the site shall be safe and convenient and arranged so as not to disturb abutting properties.

(8) The bed-and-breakfast shall meet all building code requirements and shall have properly installed and maintained fire safety devices for the protection of all occupants. The bed-and-breakfast shall be subject to compliance with state and local Board of Health requirements and state and local wetland bylaws and regulations.

(9) Any other conditions, safeguards and limitations on time or use as may be imposed by the SPGA according to MGL c. 40A or regulations pursuant thereto.

§ 250-22 Floodplain Overlay District.

[Amended 5-5-1980 ATM by Art. 19; 5-2-2011 ATM by Art. 21; 5-5-2014 ATM by Art. 11; 5-5-2014 ATM by Art. 12; 5-5-2025 ATM by Art. 16]

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

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

(2) Eliminate new hazards to emergency response officials.

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

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

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

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

B. The Floodplain Administrator (FPA) shall be the Town Planner. Typical duties of an FPA include but are not limited to:

(1) Understanding the regulations for development in the floodplain overlay district.

(2) Ensuring that permits are applied for when development of any kind is proposed in the Floodplain Overlay District.

(3) Involvement with the permit process and/or permit application review for development in the Floodplain Overlay District.

(4) Coordinating with other local departments such as public works, stormwater/engineering, planning & zoning, conservation commission, or housing.

(5) Notifying adjacent communities prior to alteration of a watercourse.

(6) Dealing with compliance issues and enforcement actions such as correcting violations, or working with the appropriate local staff to correct violations.

(7) Maintaining records of floodplain development, and keeping FEMA current and historic maps available for public inspection.

C. The Floodplain Overlay District is hereby established as an overlay district. The underlying permitted uses are allowed, provided that they meet the following additional requirements as well as those of the Massachusetts State Building Code dealing with construction in floodplains. The Floodplain Overlay District includes all special flood hazard areas within Bolton designated as Zone A and AE on the Worcester County Flood Insurance Rate Map (FIRM) dated July 8, 2025 issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Worcester County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board Building Official and Conservation Commission.

D. Development regulations. The following requirements apply in the Floodplain Overlay District:

(1) No new building or structure shall be erected in the Floodplain Overlay District except in accordance with this Section 250-22.

(2) The Town of Bolton requires a floodplain permit issued by the Town Planner for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

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

(4) In the floodway designated on the Flood Insurance Rate Map, the following provision shall apply:

(a) All encroachments, including fill, new construction, substantial improvements to existing structures, and other development, are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that such encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(b) Any encroachment meeting the above standard shall comply with the floodplain requirements of the State Building Code.

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

(6) When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

(7) Notification of watercourse alteration. The Town will notify FEMA and the NFIP State Coordinator of these any acquired data that changes the base flood elevation in FEMA mapped Special Flood Hazard Areas, within six months by submitting technical or scientific data that supports the change(s). In a riverine situation, the Building Inspector shall notify the following of any alteration or relocation of a watercourse:

(a) Adjacent Communities, especially upstream and downstream.

(b) Boarding States, if affected.

(c) NFIP State Coordinator.

(d) Massachusetts Department of Conservation and Recreation.

(e) NFIP Program Specialist.

(f) Federal Emergency Management Agency, Region 1.

(8) If the Town/City acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:

(a) NFIP State Coordinator.

(b) Massachusetts Department of Conservation and Recreation.

(c) NFIP Program Specialist.

(d) Federal Emergency Management Agency, Region I.

(9) Other use regulations. All subdivision proposals and development proposals must be designed to assure that:

(a) Such proposals minimize flood damage;

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

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

E. Reference to existing regulations.

(1) All development in the Floodplain Overlay District, must obtain all relevant permits issued by the Town of Bolton for all proposed construction or other development including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities (subject to M.G.L. c. 40A), fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other property, whether permitted by right or by special permit.

(2) The proponent must obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District prior to the commencement of work authorized under this Bylaw. The project must also be in compliance with MGL c. 131, § 40, and all applicable local state and federal permits with the following:

(a) The section of the Massachusetts State Building Code which addresses, floodplain and coastal high-hazard areas (currently 780 CMR).

(b) Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00).

(c) Inland Wetlands Restriction, DEP (currently 310 CMR 13.00).

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

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

G. Variances to building code floodplain standards.

(1) The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

(2) The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.

(3) Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.

H. Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP).

A variance from these floodplain bylaws must meet the requirements set out by State law, as applicable, and may only be granted if: 1) good and sufficient cause and exceptional non- financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief. A variance under this Floodplain Bylaw shall be distinct from a variance under M.G.L. c. 40A, Section 10 and Section 218-2.4 of the Zoning Bylaw.

I. Abrogation and greater restriction section. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

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

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

L. Applicability. Nothing contained in this section shall limit the authority of the Board of Health, Conservation Commission, and Planning Board with respect to premises in the Floodplain District or affect the applicability of any other bylaw to any building activity in the Floodplain District.

M. Enforcement of this bylaw will be in accordance with § 250-2C.

N. Definitions only relate to § 250-22 Floodplain Overlay District and do not govern other sections of the Zoning Bylaw.

DEVELOPMENT

Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]

FLOODWAY

Means the channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]

FUNCTIONALLY DEPENDENT USE

Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]

HIGHEST ADJACENT GRADE

Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]

HISTORIC STRUCTURE

Means any structure that is:

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

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

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

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

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

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

[US Code of Federal Regulations, Title 44, Part 59]

NEW CONSTRUCTION

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

[Referenced Standard ASCE 24-14]

RECREATIONAL VEHICLE

Means a vehicle which is:

(1) Built on a single chassis;

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

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

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

[US Code of Federal Regulations, Title 44, Part 59]

REGULATORY FLOODWAY

See "floodway."

SPECIAL FLOOD HAZARD AREA

Means the land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zones A and AE, [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION

Means the date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]

STRUCTURE

Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]

SUBSTANTIAL REPAIR OF A FOUNDATION

Means when work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by M^A in 9th Edition BC]

VARIANCE

Means a grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]

VIOLATION

Means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]

§ 250-23 Business, commercial and industrial regulations.

[Amended 5-2-2011 ATM by Art. 16; 5-2-2011 ATM by Art. 18; 5-5-1980 ATM by Art. 18; 11-15-2004 STM by Art. 15; 5-7-2012 ATM by Art. 15; 11-15-1982 STM by Art. 22; 5-3-2010 ATM by Art. 24; 11-15-1982 STM by Art. 23; 12-15-1997 STM by Art. 5; 1-23-1989 STM by Art. 19; 5-2-2011 ATM by Art. 19; 5-3-2010 ATM by Arts. 11, 25 and 26; 5-2-2016 ATM by Art. 26; 5-1-2017 ATM by Art. 15; 5-3-2021 ATM by Art. 10; 5-6-2019 ATM by Art. 7; 5-5-2025 ATM by Art. 17]

A. General. Any structure or outdoor storage for business, commercial or industrial use shall comply with the following requirements.

B. Activity regulations. No such use shall:

(1) Store or use volatile poisonous liquids in excess of 20,000 gallons.

(2) Operate slaughterhouses commercially.

(3) Store or produce explosives.

(4) Wreck or store junk or wreckage of any kind.

(5) Store or produce fertilizers.

(6) Store or produce any product which might be noxious, pungent, or create ugly refuse.

(7) Produce objectionable noise, dust or dirt.

(8) Produce a product or by-product emitting harmful radiation.

(9) Create any form of environmental pollution.

(10) Involve the sale of new or used motor vehicles, with the exception of uses authorized by a special permit granted by the Select Board for the sale of used motor vehicles in residential districts subject to the following restrictions:

(a) Limit of no more than two vehicles for sale on a property at any one time.

(b) The grant of a special permit may be conditioned upon time and use.

(c) Is conducted by the resident of the premises.

(d) The use is clearly incidental to and secondary to the use of the premises for residential purposes and the external character of the premises is that of a one-family residence.

(e) Not more than two persons other than the residents of the dwelling and not more than a total of four are employed at any one time on the premises.

(f) No noise, vibration, dust, heat, odors, glare, traffic congestion, unsightliness or other nuisance results which is discernible from other properties, or which is detrimental to the environment.

(g) The requirement of § 250-18E, Signs in residential zones, applies.

(h) In the Residential District, the preexisting nonconforming use of property for the sale of used motor vehicles as of the effective date of this bylaw, which use does not conform to this bylaw, may continue subject to § 250-3C of this Zoning Bylaw.

C. Greenspace regulations.

(1) Landscaping. All areas not covered by structures or used for access or parking shall be protected by grass, trees, shrubbery, or equivalent cover.

(2) Buffer. Structures or outdoor storage shall be separated from any lot residentially used or zoned by a buffer zone either naturally wooded for 50 feet in width or, if approved by the Select Board, by a narrower buffer providing equivalent visual screening through densely planted evergreen trees large enough to reach five feet in height in three years and of a type which will continue to grow in height.

D. Firefighting water. Refer to § 250-19.1.

E. Special permits for zoning use.

(1) For those uses identified in § 250-12 of this Zoning Bylaw as requiring a special permit from the Planning Board, the following factors shall be considered by the Planning Board in granting, denying, or considering renewal of any special permit:

(a) The existence of safe vehicle access to and from the right-of-way;

(b) The existence of safe pedestrian access to and from the site;

(c) The adequacy of provisions to reduce or eliminate undesirable visual, noise, odors or similar impacts upon adjoining properties and the public;

(d) The adequacy of provisions for controlling and cleaning up on-site and off-site litter and debris;

(e) The existence of water and waste management plans for the premises which will minimize any adverse impact on natural and community resources;

(f) The adequacy of proper controls for containment of exhaust fumes or other emissions from the premises;

(g) The degree to which the project will recycle waste materials, will utilize recycled materials, and will utilize water-conserving and energy-efficient appliances;

(h) The degree to which the project design is in harmony with the neighborhood and the environment and the degree to which the project meets the design review criteria set forth in Subsection G of this section, and any design review guidelines hereafter adopted by the Planning Board pursuant to this section; and

(i) Whether in all other respects the proposed project will be in harmony with the general purpose and intent of this Bolton Zoning Bylaw and not detrimental to the neighborhood or the Town.

(j) Require a Knox-Box® (a secure, tamper-proof storage box for keys or other access tools) at locations approved by the Fire Department on all commercial, business or industrial structures with an automatic fire alarm system.

(2) Any special permit granted under this section may contain such conditions, restrictions or requirements as the Planning Board deems appropriate to accomplish the purposes and intent of this Zoning Bylaw and to assure that the proposed use will satisfy the criteria set forth above.

(3) In addition to the special permit required under this section, the applicant shall also meet the requirements of the site plan approval process before the Select Board as set forth in Subsection F of this section.

F. Site plan approval process.

(1) To assist in assuring compliance with the Zoning Bylaw and other provisions of the law, any use subject to site plan approval shall be established or expanded in ground area and any building for such use shall be erected or externally altered only in conformity with a site plan approved by the Planning Board. Site plan approval will be required of all nonresidential uses in the Limited Business, Limited Recreation Business, Business, Industrial, and Residential Districts, exempting agricultural, horticultural, floricultural and viticultural uses.

(2) All site plans (four copies) shall be submitted directly to the Planning Board. Where a site plan is required, the Planning Board and the Inspector of Buildings shall issue a building permit only on receipt of an approved site plan and a certificate of occupancy shall not be issued until completion of all improvements and compliance with the approved site plan. The Planning Board and the Inspector of Buildings shall maintain permanent files of approved site plans. The Planning Board shall either approve or note deficiencies. Where appropriate, the Planning Board, may waive the requirements for the site plan application.

(3) The site plan shall show information as needed to determine compliance with the Zoning Bylaw and shall be prepared by a registered professional engineer, land surveyor, architect, and/or landscape architect.

(4) In reviewing the site plan, the Planning Board shall consider the following matters:

(a) Protection of adjoining premises against detrimental uses by provision for surface water drainage, sound and sight buffers, generation of electrical machine interference, preservation of views, light and air;

(b) Convenience and safety of vehicular and pedestrian movement within the site, the location of driveway openings in relation to traffic or to streets serving the site and, when necessary, compliance with other regulations for the handicapped, minors and the elderly, including the location of pedestrian access adjacent to the site;

(c) Adequacy and the arrangement of parking and loading spaces in relation to the proposed uses of the premises and the abutting property;

(d) Adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site;

(e) Relationship of structures and open spaces to the natural and planned landscape, existing buildings and other community assets in the area and compliance with other requirements of the Zoning Bylaw;

(f) Demands on the Town's resources, including effect on the Town's water supply, fire protection, police enforcement and highway department;

(g) Location, size, lighting and appearance of all site signage, traffic and parking lights, fencing, petroleum and chemical storage facilities, fire and life safety equipment.

(h) They may impose such appropriate conditions, limitations, and safeguards as will ensure compliance with the terms of the approval.

(i) Regulations and a filing fee may be adopted by the Planning Board.

(j) Design review criteria. In making a decision on a proposal for site plan approval, the Board of Selectmen shall consider the design review criteria in Subsection G of this section.

(k) Development impact study.

[1] To facilitate the site plan approval by the Planning Board, and, where needed, special permit review by the Planning Board and Zoning Board of Appeals, the developer of all new commercial or industrial development, or expansions of existing development, may be required to submit as part of its application a written analysis of the impact of its project on the community. This development impact statement (DIS) shall include, but will not be limited to, any of the following studies as determined by the appropriate permitting authority, and shall be prepared by registered professional engineers or other qualified professionals with expertise in the relevant subject matter areas:

[a] Environmental impact assessment (i.e., light, noise, stormwater, groundwater, utilities, odor, vibration, sight lines, etc.).

[b] Fiscal impact assessment (i.e., municipal facilities and services, school population, impact on adjacent public and private properties).

[c] Community impact assessment (i.e., open space preservation, residential privacy, recreation and pedestrian impact, scale and character).

[d] Traffic, parking and transportation assessment.

G. Design review criteria. The Planning Board shall consider the following additional design criteria in conducting special permit review for all developments of business or mixed-use properties subject to special permit review under the Town of Bolton Zoning Bylaw. The Planning Board may also use these criteria in undertaking site plan review for all business projects in the Town of Bolton subject to site plan review. The Board of Appeals shall also consider these criteria in review of special permits and variances for all business and industrial uses. The Planning Board, from time to time, may adopt additional design review guidelines regulations to advance the goals of this section and to provide more detailed examples for prospective developers.

(1) Design goals. Buildings and renovations shall be of a design similar to or compatible with traditional architecture in the Town of Bolton in terms of scale, massing, roof shape, spacing and exterior materials. The design standards are intended to promote quality development consistent with the Town’s sense of history, human scale and pedestrian-oriented village character.

(2) Building scale.

(a) The size and detailing of buildings shall reflect the community preference for moderate-scale structures that resemble houses or barns, and do not resemble "big box shopping centers." New buildings and/or substantial alterations shall incorporate features to add visual interest while reducing the appearance of bulk or mass. Such features include varied facades, rooflines and roof heights; materials; awnings; dormers; roof overhangs; pitched roofs; well-proportioned windows; and details such as brick chimneys or shutters.

(b) Buildings shall relate to the pedestrian scale by the following:

[1] Appropriate architectural details to add visual interest along the ground floor of all facades that face streets, squares, pedestrian pathways, parking lots, or other significant pedestrian spaces shall be included.

[2] Articulate the base, middle, and top of the facade separated by cornices, string cornices, step-backs or other similar features.

[3] Continuous lengths of flat, blank walls adjacent to streets, pedestrian pathways, or open spaces shall not be permitted.

(3) Roof form.

(a) New construction, including new development above existing buildings and/or substantial alterations, shall incorporate gables or other traditional pitched roof forms which will be consistent with the historic architecture of the Town of Bolton. Flat roofs are discouraged.

(b) Mechanical equipment located on roofs shall be screened, organized and designed as a component of the roof design, and not appear to be a leftover or add-on element.

(4) Entrances. For all primary business and business/residential structures fronting on a public way, the building entrances shall be visible from the right-of-way and the sidewalk, and shall have an entrance directly accessible from the sidewalk; front entrances shall be well defined and face the main street. To increase accessibility, structures may also have entrances that provide more direct access to the parking areas beside or behind the structure. Doors shall not extend beyond the exterior facade into pedestrian pathways.

(5) External materials and appearance.

(a) Predominant wall materials shall have the appearance of wood, brick or stone that, if painted, shall be painted or coated in a nonmetallic finish. Cladding materials should be consistent on all facades, or shall be an appropriate mix found in historic architecture in Bolton (e.g., clapboard front with shingled sides), with the exception of special design elements such as gables or dormers.

(b) Awnings and canopies over windows and doors shall be compatible with the architectural style of the building. Colors and patterns used for awnings and canopies shall be subdued and compatible with any existing awnings on adjacent buildings.

(c) Except for minor trim, the building shall avoid the appearance of reflective materials such as porcelain enamel or sheet metal. Window panes shall be nonreflective.

(d) Ground-floor commercial building facades facing streets, squares, or other significant pedestrian spaces shall contain transparent windows and other appropriate architectural details to add visual interest; the amount of windows may vary according to the architectural style of the structure and shall be appropriate to the building style and the intended use, with a general goal of 15% to 25% fenestration of the first floor facade surface.

(6) Historic resources.

(a) Wherever possible, existing historic structures on the site shall be preserved and renovated for use as part of the development. Any alteration of or addition to an existing historic structure shall employ materials, colors and textures as well as massing, size, scale and architectural features that complement the original structure. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. The addition to, or new construction adjacent to, an historic structure should not necessarily be a copy of the historic structure. See the most recent edition of the Secretary of the Interior’s Standards for the Treatment of Historic Properties, and any accompanying guideline documents, for guidance related in particular to additions to historic structures.

(b) Other historic resources on the site, such as stone walls, shall, to the maximum extent feasible, be protected and incorporated into the proposed development.

(7) Fencing and screening. Parking areas, dumpsters and ground-level mechanical equipment shall be screened from view from all adjacent residential areas by adequate vegetative screening or fencing. Landscaping and vegetative screening shall be preferred over fencing. Solid, year-round, evergreen hedge which will grow to six feet within three years, or a substantial, opaque fence at least six feet high, or the equivalent, shall be installed and maintained in good condition. A strip of dense vegetation of shrubs and trees not less than 50 feet deep may be considered an equivalent. Parking areas shall be reasonably screened and landscaped to minimize the adverse views from the public way. No wall, fence, structure, planting or other obstruction to a driver's vision may be permitted at eye level, defined as three feet to eight feet above street grade, within 25 feet from the intersection of street side lines, unless the Town has adopted a separate line-of-sight bylaw, in which case that bylaw shall prevail.

(8) Landscaping.

(a) To the maximum extent possible, projects shall provide pedestrian-friendly amenities, such as public gathering/sitting areas, designated on-site sidewalks/pathways, sidewalks along the public road frontage of the parcel, and appropriate internal walkways. Links/Sidewalks designed to connect parking areas with adjacent developments are encouraged to further the goal of providing safe pedestrian access to businesses within Bolton. Site landscaping shall be maximized, per Subsection C of this section, Greenspace regulations. Mature trees, bioswales and infiltration strips should be included to provide shade, reduce heat-island effect, and to manage stormwater. Only native species shall be used in landscaping; no invasive species shall be allowed.

(b) The Planning Board may require that trees removed as part of the development be replaced on-site or off-site. All vegetation included in the site plan shall be maintained and if necessary replaced from time to time to maintain the overall landscape design approved by the Planning Board.

(c) The Planning Board, from time to time, may adopt additional landscaping guidelines as part of the design review guidelines to advance the goals of this section and to provide more detailed examples for prospective developers.

(9) Service areas, utilities and equipment. Service and loading areas and mechanical equipment and utilities shall be unobtrusive or sufficiently screened so that they are not visible from streets, adjacent residential zoning districts or primary public open spaces, and shall incorporate effective techniques for noise buffering from adjacent uses.

(10) Lighting. Building or area lighting for any business, commercial, industrial or other nonresidential private use shall be so arranged as to direct the light away from any street and from any premises residentially used or zoned. The applicant shall coordinate lighting fixture assembly with the surrounding architecture. Such exterior lights shall be mounted and shielded such that light sources and lenses shall not be visible from any residential district. Luminaires shall be cutoff (downlight) type, with the mounting height not to exceed 20 feet. Light overspill shall not create shadowing discernible without instruments on any residentially zoned premises. With the exception of limited security or safety lighting, all lighting shall be shut off during times outside of business operations. This subsection shall not apply to reasonable seasonal holiday lighting displays that shall be in place for 30 days or less.

(11) Signage restrictions. All proposed signs included in the development shall meet the requirements § 250-18.

(12) Sustainable building and site design. It is desirable that new buildings constructed in the Town of Bolton comply with the current Leadership in Energy and Environmental Design (LEED) criteria, as promulgated by the U.S. Green Building Council, to the maximum extent feasible. All site design shall follow, to the maximum extent feasible, the provisions of low-impact development (LID) techniques, as described by the Massachusetts Executive Office of Energy and Environmental Affairs, which defines LID as a suite of landscaping and design techniques that attempt to maintain the natural, predeveloped ability of a site to manage rainfall. LID techniques capture water on site, filter it through vegetation, and let it soak into the ground.

(13) Parking. To the maximum extent feasible, parking areas:

(a) Shall be located behind or to the side of structures, and shall be strongly discouraged between the structure and the public right-of-way.

(b) Shall be screened with appropriate landscaping.

(c) Shall be designed to minimize heat-island effects by including appropriate internal landscaping, with a minimum of one tree per 10 parking spaces and associated shrubs and other plantings that shall be incorporated into low-impact development stormwater infiltration facilities.

(14) Bicycle parking. Bicycle parking shall be provided for all new development, shall be at least 50% sheltered from the elements, and shall be located as close as possible to the building entrance(s). Any property may establish a shared bicycle parking facility with any other property owner within 150 feet.

(15) Stormwater. Stormwater management shall comply with the following requirements:[1]

(a) Massachusetts Stormwater Management Policy set forth in the latest edition of the Massachusetts Department of Environmental Protection Stormwater Handbook.

(b) Rainfall data set forth in the latest edition of the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Cartographic Maps of Precipitation Frequency Estimates.

(c) Post-development peak discharge volumes shall meet pre-development peak discharge volumes for the two-, 10-, 25-, and 100-year, twenty-four-hour storm events to prevent downstream flooding on neighboring properties.

[1] Editor’s Note: Former Subsection G(15), Appointment of Design Review Board (DRB), was renumbered as Subsection G(16), and former Subsection G(16), Stormwater, was renumbered as Subsection G(15) at the request of the Town.

(16) Appointment of Design Review Board (DRB).[2]

(a) The Planning Board may, at its discretion, appoint a Design Review Board to assist in the review of any project being reviewed under this bylaw. Members of the DRB may include: one or more Planning Board member(s); Bolton Energy Committee member(s); Bolton Conservation Commission member(s); professional architect(s); landscape architect(s) or design-related professional(s); Historical Commission member(s); business owner(s); and other board or committee member(s). Members shall be residents of the Town of Bolton.

(b) The DRB shall provide advisory professional design review assistance to the Planning Board, Zoning Board of Appeals and Select Board.

(c) The DRB may also submit a written report to the Planning Board, Zoning Board of Appeals, and Select Board. The DRB will be appointed at a regularly scheduled meeting where public notice has been provided.

(d) At the direction of the Planning Board, a project applicant may be required to meet with the DRB to discuss resolution of design standards.

[2] Editor’s Note: Former Subsection G(16), Stormwater, was renumbered as Subsection G(15), and former Subsection G(15), Appointment of Design Review Board (DRB), was renumbered as Subsection G(16) at the request of the Town.

§ 250-23.1 Medical marijuana treatment centers.

[Added 5-5-2014 ATM by Art. 13]

As used in this bylaw, "medical marijuana treatment centers" and/or "registered marijuana dispensary" shall be known as "RMD."

A. RMD applicants must follow all local rules, regulations, ordinances and bylaws.

B. RMD applicants must meet the requirements set forth in § 250-23, Business, commercial and industrial regulations, including, but not limited to, § 250-23E, Special permits for zoning use; § 250-23F, Site plan approval process; and § 250-23G, Design review criteria.

C. The Planning Board shall be the special permit granting authority.

D. RMDs are allowed by special permit in Business, Limited Business and Industrial Districts. RMDs are not allowed in the Residential and Limited Recreation Business District.

E. Any special permit granted shall be subject to an expiration date 36 months from issuance. No special permit may be transferred to another entity.

F. Applications must comply with all aspects of Massachusetts General Law and the Code of Massachusetts Regulations relative to RMDs, including 105 CMR 725.000.

G. RMD sites must be set back not less than 500 feet from residential dwellings and not less than 1,500 feet from all areas where children commonly congregate, including all schools, playgrounds, day-care centers, libraries, churches, athletic playing fields, scout camps, and golf courses. The five-hundred-foot and fifteen-hundred-foot distances shall be measured in a straight line from the nearest point of the residence or facility in question to the nearest point of the proposed RMD.

H. RMDs are not an allowed use under Bolton’s Right to Farm Bylaw. (See Chapter 105, Agricultural Preservation.)

I. If any provision of this bylaw is declared invalid or unenforceable, the other provisions shall remain in full force and effect.

§ 250-23.2 (Reserved) [1]

[1] Editor’s Note: Former § 250-23.2, Mixed Use Village Overlay District, was renumbered as § 250-16.1 at the request of the Town in order to maintain the organizational structure of the chapter.

§ 250-23.3 Marijuana establishments.

[Added 5-7-2018 ATM by Art. 13[1]]

A. Purpose.

(1) To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of marijuana establishments in the Town of Bolton.

(2) To minimize adverse impacts of marijuana establishments on adjacent properties, residential neighborhoods, places where children commonly congregate, historic structures and features, and other land uses potentially incompatible with said facilities.

B. Applicability.

(1) The commercial cultivation, production, processing, assembly, packaging, retail sale, distribution, and dispensing of marijuana is prohibited in Bolton unless permitted as a marijuana establishment in compliance with the provisions of this section.

(2) Marijuana establishments are not a form of agriculture, horticulture, or floriculture for purposes of the Zoning Bylaw.

(3) If any provision of this section is declared invalid or unenforceable, the other provisions shall remain in full force and effect.

C. Definitions.

INDEPENDENT TESTING LABORATORY

A laboratory that is licensed by the Cannabis Control Commission and is: i) accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Cooperation mutual recognition arrangement or that is otherwise approved by the Cannabis Control Commission; ii) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and iii) qualified to test marijuana in compliance with regulations promulgated by the Cannabis Control Commission.

MARIJUANA CULTIVATOR

An entity licensed to cultivate, process, and package marijuana, to deliver marijuana to marijuana establishments, and to transfer marijuana to other marijuana establishments, but not to consumers.

MARIJUANA ESTABLISHMENT

Marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.

MARIJUANA PRODUCT MANUFACTURER

An entity licensed to obtain, manufacture, process, and package marijuana/marijuana products, to deliver marijuana and marijuana products to marijuana establishments, and to transfer marijuana and marijuana products to the other marijuana establishments, but not to consumers.

MARIJUANA PRODUCTS

Products that have been manufactured and contain marijuana or an extract of marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils, and tinctures.

MARIJUANA RETAILER

An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments to consumers.

OTHER TYPE OF LICENSED MARIJUANA-RELATED BUSINESS

A licensed marijuana establishment other than a marijuana cultivator, independent testing laboratory, marijuana product manufacturer, or marijuana retailer.

SPECIAL PERMIT GRANTING AUTHORITY (SPGA)

The Bolton Planning Board is hereby designated the SPGA to grant special permits for proposed marijuana establishments in compliance with the provisions of this section.

D. Eligible locations for marijuana establishments. Marijuana cultivators, marijuana product manufacturers, independent testing laboratory, and any other type of licensed marijuana-related business shall be allowed by special permit in the Industrial District. Marijuana retailers shall be allowed by special permit in the Business, Limited Business and Industrial Districts. Marijuana establishments are not allowed in the Residential and Limited Recreation Business Districts.

E. General requirements and conditions for all marijuana establishments.

(1) Marijuana establishments shall comply with all aspects of MGL c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed, and 935 CMR 500.000, Adult Use of Marijuana.

(2) All aspects of the marijuana establishment relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies or educational materials shall take place at a fixed location within a fully enclosed building or structure and shall not be visible from the exterior of the business.

(3) No outside storage is permitted. This prohibition applies to all aspects of the product and waste associated with the marijuana establishment.

(4) All marijuana establishments shall be ventilated in such a manner that no:

(a) Pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere or ground.

(b) Odor from marijuana cannot be detected by a person with a normal sense of smell at the exterior of the marijuana establishment or at any adjoining use or property.

(5) Signage shall conform to § 250-18, Sign regulations, of Bolton's Zoning Bylaw and requirements of state laws and regulations governing such facilities, including 935 CMR 500.105(4).

(6) A marijuana establishment's water supply shall be sufficient for necessary operations. Any private water source shall be capable of providing a safe, potable, and adequate supply of water to meet the marijuana establishment's needs.

(7) The hours of operation of a marijuana retailer shall be limited to Monday through Saturday from 10:00 a.m. to 9:00 p.m. and Sunday from 12:00 p.m. to 6:00 p.m.; or as otherwise established by the SPGA.

(8) No smoking, burning, or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a marijuana establishment.

(9) No marijuana retailer shall have a gross floor area in excess of 2,500 square feet.

(10) No marijuana establishment shall be located within a radius of 500 feet of a residential dwelling. The five-hundred-foot distance shall be measured in a straight line from the nearest point of the residence in question to the nearest point of the proposed marijuana establishment established at the time the proposed marijuana establishment's application is received by the SPGA.

(11) No marijuana establishment shall be located within a radius of 500 feet of a public or private school, day-care center, or any facility where children commonly congregate. The five-hundred-foot distance shall be measured in a straight line from the nearest point of the residence or facility in question to the nearest point of the proposed marijuana establishment established at the time the proposed marijuana establishment's application is received by the SPGA.

(12) All structures associated with marijuana establishments shall be set back from front, side and rear property lines in accordance with Bolton's Zoning Bylaw under § 250-13B, Dimensional regulations.

(13) Marijuana establishments shall provide the Bolton Police Department, Fire Department, Building Inspector and the SPGA with the names, phone numbers and e-mail addresses of all management staff and key holders who can be contacted if there are operating problems associated with the marijuana establishment.

F. Special permit requirements.

(1) Marijuana establishments shall meet the requirements set forth in Bolton's Zoning Bylaw under § 250-23, Business, commercial and industrial regulations, including § 250-23E Special permits for zoning use; § 250-23F Site plan approval process; and § 250-23G Design review criteria. In addition, a special permit application for a marijuana establishment shall include the following:

(a) The name and address of each owner of the marijuana establishment.

(b) Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the marijuana establishment, including the Cannabis Control Commission, and any required license from the Town of Bolton Select Board.

[Amended 5-3-2021 ATM by Art. 10]

(c) Evidence that the applicant has site control and the right to use the site for a marijuana establishment in the form of a deed or valid purchase and sales agreement, or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement.

(d) Proposed security measures for the marijuana establishment including lighting, fencing, gates and alarms, etc., to ensure the safety of employees and patrons and to protect the premises from theft or other criminal activity in compliance with 935 CMR 500.110. The applicant shall demonstrate that the marijuana establishment's security plan has been approved by the Police Chief. This plan shall detail all exterior and interior proposed security measures for the premises, including but not limited to: video monitoring and recording, lighting, fencing, and alarms ensuring the safety of employees and to protect the premises from theft or other criminal activity. This plan must provide twenty-four-hour security and monitoring for the marijuana establishment, particularly those portions of the building which are deemed by the Police Chief to be most vulnerable to unauthorized entry and least visible from the public ways.

(e) A description of all activities to occur on site, including all provisions for the delivery of marijuana products to and/or from the premises.

(f) A waste disposal plan which provides details for disposal of the waste materials in compliance with 935 CMR 500.105(12).

(g) Upon written request from the applicant, the SPGA may waive the submission of such information, or parts thereof, as may not be necessary for the consideration of the application. The SPGA's waiver decision shall be set forth in the written special permit decision.

(2) Each marijuana establishment permitted under this section shall, as a condition of its special permit, file an annual report with the SPGA and the Town Clerk no later than January 31st, providing a copy of all current applicable state licenses for the facility and/or its owners and demonstrate continued compliance with the conditions of the special permit and appear before the SPGA, if requested by the SPGA.

(3) A special permit granted under this section shall run with the applicant and shall be nontransferrable to another owner or operator without an amendment to the special permit with all application information required in accordance with this section and a noticed public hearing.

G. Abandonment or discontinuance of use.

(1) A special permit granted under this section shall lapse if not exercised within 24 months of issuance.

(2) A marijuana establishment shall be required to remove all material, plants, equipment and other paraphernalia prior to surrendering its state-issued licenses or permits or within six months of ceasing operations, whichever comes first.

[1] Editor’s Note: This article also repealed former § 250-23.3, Temporary moratorium on recreational marijuana establishments, added 5-1-2017 ATM by Art. 17.

§ 250-23.4 Cottage Overlay District

[Added 5-5-2025 ATM by Art. 19]

A. Purposes. The purposes of the Cottage Overlay District include the following: to provide diversity of use within the Town of Bolton and in so doing,

(1) To promote flexibility with respect to land-use planning in order to optimize site layouts, protect natural features and environmental values,

(2) To Utilize land harmoniously with neighboring properties;

(3) To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained; and

(4) To protect hydrological resources through "water-balanced" site design.

B. Applicability. The Planning Board, acting as Special Permit Granting Authority, may grant a Special Permit for construction of a cottage development in the Cottage Overlay District.

C. Location. The Cottage Overlay District shall apply to parcels that are shall be a floating overlay district applicable to tracts of land with an area of 10 acres or greater in the Residential District. The provisions of this Bylaw shall govern such tracts of land upon commencement of construction of a Cottage Development authorized by a Special Permit granted in accordance with this Bylaw.

D. Standards. The following standards shall apply in the Cottage Overlay District:

(1) Applicant qualifications. The applicant for a Special Permit for a cottage development shall be the owner of the tract proposed for such development or be authorized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources sufficient to construct and complete the development.

(2) Community, building, and dwelling requirements. The following requirements shall apply to all buildings and all dwellings within the Cottage Overlay District:

(a) The maximum permissible dwelling unit count of any Cottage Overlay District development shall be calculated by allowing one bedroom for every 10,000 square feet of parcel size. Each dwelling unit cannot have more than three bedrooms.

(b) Dwelling units may be attached to other units, or detached as single units, or a combination of these types. However, no building shall contain more than four attached dwelling units. No dwelling unit shall exceed 1,850 square feet of heated living area.

(c) Rear-entry garages (accessed via "back lanes" such as private driveways) shall be encourage for all attached units, and also for single-family detached units when the lot width is less than 60 feet. (In condo developments without lot lines, this requirement shall apply when single-family homes are built.

(d) When units are provided with rear-entry garages, their front lot lines may be contiguous with neighborhood greens (as in the "Pocket Neighborhood" design tradition.)

(e) Interrelationship of buildings. The proposed buildings shall be related harmoniously to each other with adequate light, air, circulation, privacy and separation between buildings. Buildings shall comply with a minimum setback of 20 feet from each other and all other structures in the development, excluding garages. Offsets to perimeter property line shall be 50 feet or as approved by the Planning Board.

(f) Exterior design. The exterior of Affordable Housing Units shall be designed to be virtually indistinguishable from the market-rate units; however it is recognized that the Affordable Housing Units may have lower-cost features or interior finishes than those of market-rate units. Any Affordable Housing Units shall be integrated into the Cottage Overlay District development.

(3) Affordable housing units. Cottage Developments shall be subject to § 250-27 of the Inclusionary Housing Bylaw, provided however, that fee-in-lieu-of the creation of affordable units or construction of off-site units shall not be permitted for Cottage Developments. Long-term availability: The Planning Board, as a condition of a Special Permit, shall impose appropriate limitations and safeguards to ensure the continued availability of the Affordable Housing Units in perpetuity. Such limitations and safeguards may be in the form of deed restrictions, resale monitoring, requirements for income verification of purchasers and/or tenants, rent level controls and/or other methods as the Planning Board may direct.

(4) Accessory buildings and structures. In a Cottage Development accessory buildings and structures for the benefit of the entire project may be permitted, including a community clubhouse, swimming pool, tennis court, cabanas, storage and maintenance structures, garages, and other customary accessory structures. Accessory buildings and structures shall be shown on the site plan and their designs and sizes shall be reviewed by the Planning Board to determine cohesion in the judgment of the Planning Board with respect to the proposed site plan and greater neighborhood within the Town of Bolton.

(5) Parking. Two parking spaces shall be provided for each dwelling unit (with the exception of one-bedroom units, which shall require one parking space per unit), in reasonable proximity to the dwelling, or in garages. When garages are not provided, on-lot parking spaces shall be located to the sides of the homes and not in front of them. One off-lot guest parking space shall be provided for every four dwelling units in reasonable proximity to said units. Such parking shall generally be provided in parallel parking spaces as part of the street (as in traditional neighborhoods), and not as perpendicular parking spaces (as in housing projects). Additional parking in proximity to any clubhouse or other facility serving residents in common, or guest parking, shall be provided in off-street parking areas, provided that no single accessory parking area shall contain more than six parking spaces, and all such areas shall be adequately landscaped. Refer to the Town of Bolton Parking Bylaw requirements.

(6) Pedestrian circulation. Sidewalks five feet wide shall be provided on at least one side of every street or driveway servicing a commonly owned land development. Informal trails shall be provided within the common open space. Sidewalks shall be located at least five feet from any street pavement or curb. The Planning Board may opt to waive this requirement if it benefits the overall site development.

(7) Shade trees. Shade trees of species attaining mature heights of at least 40 feet shall be planted on both sides of streets at not less than 30-foot intervals, and shall measure at least 2.5-inches diameter (dbh). A variety of species must be utilized. Where sidewalks are provided, shade trees shall be situated within a planting strip at least eight feet wide between sidewalks and streets. Shade trees shall also be provided around the perimeter of all neighborhood greens, planted at intervals not less than 30 feet. Species and placement must be approved by the Tree Warden. The Planning Board may opt to waive this requirement if it benefits the overall site development.

(8) Streets and driveways. All streets and driveways within a Cottage Overlay District development shall meet such width, grades, radius of curvature and construction standards as the Planning Board shall determine, based upon the standards provided in the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements.

(9) Other facilities. All facilities for utility services, drainage, lighting and signage shall be in accordance with requirements established by the Planning Board, consistent with applicable provisions of the Zoning Bylaw and the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements.

(10) Homeowners association and project maintenance. In every Cottage Overlay District development there shall be an organization of the owners of the dwelling units which shall be responsible for the maintenance and repair of internal roads and driveways, snow plowing, landscape maintenance, trash removal, utility services and maintenance and repair of other common elements and facilities serving the residents, and the Town of Bolton shall not be responsible therefor. The homeowners' association shall be responsible for ensuring age-restricted units comply with the definition of 55 and older dwelling units.

(11) Wastewater disposal. In every development wastewater disposal shall comply with the regulations of the Board of Health and applicable Department of Environmental Protection regulations.

E. Open space.

(1) At least 50% of the Cottage Development tracts of land shall remain farmland or open space selected to maximize the value of wildlife habitat and preserve large blocks of undisturbed land, in addition to the provision of neighborhood greens and informal areas for outdoor recreation (such as areas for informal games). A wetland resource area as defined in the Wetlands Bylaw, Chapter 233, Wetlands, § 233-2, and/or in a Floodplain District, as defined in § 250-22, Septic systems, drinking wells, stormwater management systems, and their appurtenances may occupy up to 50% of the required open space area.

(a) Open space farmland designation.

[1] The Planning Board, after consultation with the applicant, Select Board, Conservation Commission, Board of Health, abutters and the general public, shall determine the location of FR land, location of OSR land, location of active use land within OSR land, and location and amount of any footpaths. "Active use" is defined to include ballfields and playgrounds. The Planning Board shall balance the interests of conservation of natural resources, the value of land and existing buildings, and any demonstrated hardship, financial or otherwise, that would affect the applicant in determining the location of the restricted area.

(2) Design Step 1. Identify the open space and/or farmland. The required open space shall be configured, to the extent practicable, so that it shall be aggregated into a contiguous area, or abut existing significant open space, or achieve one or more of the purposes described in Subsection A. The applicant must submit a plan identifying priority preservation areas which include all of the following:

(a) Priority preservation areas:

[1] Wetland resource areas as defined in the wetlands bylaw.

[2] Floodplain District as defined in § 250-22.

[3] Slopes greater than 15%.

[4] Soils map of poorly and very poorly drained soils published by the County Soil Survey Prepared by the USDA Natural Resource Conservation Service identifying soil type and characteristics.

[5] Woodlands.

[6] Farmland including cropland fields pastures and meadows.

[7] Natural Heritage and Endangered Species Habitat along with wildlife habitats and corridors.

[8] Historic and archaeological sites,

[9] Scenic Views especially of natural and cultural features, and scenic road corridors.

The intent of this bylaw is for the Planning Board to give preference to FR over OSR, for land that is being farmed or consists of good farming soils.

(b) Farmland Restriction (FR).

[1] Only agricultural or horticultural uses are allowed in the FR area. These uses are defined in Massachusetts General Laws Chapter 61A.

[2] No buildings are allowed in the FR area, except that up to 5% of the area can be covered with barns and other accessory farming structures.

[3] The FR land may be owned by either the Town of Bolton, a conservation trust, a homeowners' association of the residents of the FOSPRD, or other owner, such as a farmer. In no event may the FR in any manner be combined, included or joined with or considered as part of the individual dwelling lot area(s). No portion of the FR may be included in determining the minimum dwelling lot area(s) as prescribed in § 250-13 or Subsection G(1). In all cases, the land must be subject to an agricultural preservation restrictions under MGL c. 184, §§ 31 and 32, and the provisions of that restriction must be reviewed and approved by the Planning Board. The farming rights to the land owned by the Town of Bolton may be sold or leased to farmers.

[4] If agricultural activities cease for three years or more, then the Town may mow the FR land to save any fields or orchards. Fifteen years after the agricultural activity ceases, the Planning Board may, after public hearing and review, cause the FR to be converted to OSR land.

[5] No septic systems are allowed in the FR area other than to serve any buildings mentioned in Subsection E(2)(b)[2] above.

[6] All five of the above restrictions must be written into the deed of the land in the FR area.

(c) Open Space Restriction (OSR).

[1] No new buildings may be constructed on OSR land. No dwellings are allowed in the OSR area.

[2] OSR land can be owned by the Town of Bolton, a conservation trust, or a homeowners' association of the residents of the FOSPRD. The restrictions are owned by the Town of Bolton if not owned by the Town. In all cases, the land must be subject to a conservation restriction under MGL c. 184 §§ 31 and 32. In no event may OSR land in any manner be combined, included or joined with or considered as part of the individual dwelling lot area(s). No portion of OSR land may be included in determining the minimum dwelling lot area(s) as prescribed in § 250-13 or Subsection G(1).

[3] The OSR land can be used for passive recreation or active recreation. Active recreational uses cannot cover more than 10% of the OSR land.

[4] The above three restrictions must be setforth in the conservation restriction governing the OSR area.

(3) Design Step 2. Housing Site location: House sites shall generally be located no closer than 100 feet from the OSR land to permit enjoyment of scenic views. When served by on lot septic system, lots shall be located so that those systems can be constructed on the most suitable soils on the property.

(4) Design Step 3. Street Alignment and Trail Networks. The third step shall align proposed streets to provide vehicular access in the most reasonable and economical manner, that attempt to preserve natural topography, landmarks and trees, minimizes cuts and fills and preserves and enhances views and vistas on or off the subject parcel and in laying out a network of informal trails.

(a) Roadways. When constructing a new right-of-way, the applicant must file a subdivision plan and meet all the normal requirements, notwithstanding the other provisions of the Zoning Bylaw. If a subdivision plan is not required all shared roadways must be designed in accordance with the Subdivision Regulations.

(b) Street widths and design elements will be controlled by the Town of Bolton's Subdivision Rules and Regulations and in no case will be less than 18 feet in width.

(c) Common driveways serving up to five lots each may be obtained under § 250-17B Common Driveway even if none of the lots are backland lots.

(5) Design Step 4. Draw Lot Lines lot lines around potential house sites.

(a) Ownership of open space. The open space shall be owned in common by the owners of the dwelling units in the Cottage Overlay District development, or by an organization or entity owned and controlled by such dwelling unit owners, or can be offered to the Town, or another non-profit organization whose principal purpose is the preservation of open space for conservation purposes. An enforceable restriction shall be recorded on all open space providing that such land shall be kept in an open or natural state.

[1] In cases where the open space is not owned by the owners of the dwelling units in the Cottage Overlay District development, all utilities located within the open space shall remain under the common ownership and care of the dwelling unit owners. Utility easements shall be provided within the open space and shown on the approved site plans.

F. Design criteria.

(1) Design review criteria, pursuant to § 250-23G, shall be used by the Planning Board when reviewing applications for Cottage Developments.

(a) Site design. The four-step design process outlined in FOSPRD § 250-14D must be utilized in designing a development under this bylaw.

(b) Single-family and town homes shall be designed in the cottage tradition with at least 1/3 of the units having front porches. For variety, some homes shall be designed with front-facing gable-ends with others shall have ridgelines running parallel to the front elevation. When garages are front-facing they are encouraged be recessed at least 12 feet behind the fronts of the houses so they are visually subordinated. The "pocket neighborhood" design concept is also strongly encouraged, where homes front directly onto neighborhood greens, with rear garages accessed via common driveways. Garages and parking for two-family homes and multi-family homes shall be located behind the units and be accessed via common driveways. Alternative designs may be submitted to the Planning Board for review and approval, but the Planning Board must find that any such concepts meet or exceed the design quality of the prescriptive standards and fulfill the stated purpose and intent of this Bylaw.

(c) Architectural details. The same combination of building elements, features, and treatments shall not be repeated on individual dwelling units for more than 1/3 of the total dwelling units in the Cottage Community Development. Dwelling units with the same combination of features and treatments shall not be located adjacent to each other. The following building design features are required:

[1] Variation in general architectural elevations and size.

[2] Predominant wall materials shall be or have the appearance of wood, brick, or stone, shall be made of a paintable material, and may be painted or coated in a nonmetallic finish.

(d) In addition, a minimum of five of the following building elements, features, and treatments shall be provided in a manner that creates visual variety between adjacent structures and within clusters of cottage units:

[1] Variation in building stories (a mix of one- and one-and-a-half-story and two story buildings).

[2] Variation in roof/building colors and/or materials.

[3] Varying roof shapes or gables between adjacent structures.

[4] Windows with visible trim and mullions.

[5] Roof brackets.

[6] Dormers.

[7] Bay windows.

[8] Entry enhancement such as a well-detailed door (multi-panel or glass insert), sidelights, transoms, and/or roof extensions.

[9] Attached trellis elements over windows or patios.

[10] Exterior Chimney made of or clad in, brick or stone.

[11] Additional porches and patios (required porch not included).

[12] Decorative paint schemes (three or more colors).

[13] Decorative shingle designs.

[14] Other building elements, treatments, features, or site designs approved by the Planning Board that provide variety and visual interest.

(2) The Planning Board shall involve the Design Review Board to review the architectural details and styling of the development in question including its review of the development's buildings including attached design/detached design/combination thereof, layout of the development, setbacks as between buildings and parking areas, and disbursement and clustering of buildings within the development, as well as units' layouts and their designs and finishes, and detailed lighting, sidewalk, and landscaping plans (tree-lined streets are recommended), all prior to approval of a Cottage Overlay District development.

G. Hydrological ("Water-Balanced") design. To protect water resources and keep water consumption in balance with the volume of water returned to the local environment, the water consumed by residents shall be thoroughly treated and returned to the site's hydrology through septic systems and shall not be discharged into watercourses or waterbodies. In addition, all stormwater runoff shall be returned to the site's hydrology through infiltration "rain gardens" and infiltration basins. No increase in stormwater volume will be permitted to discharge off site.

H. Procedures. The procedure for issuance of a Special Permit under the Cottage Overlay District shall be as follows:

(1) Application for special permit. Any person who pursues a Special Permit for a Cottage Overlay District development shall submit a written application to the Planning Board. Each such application shall be accompanied by the following information:

(a) Identification of applicant; information as to the record title to the tract; identification of applicant's professional and development associates.

(b) Such plan shall generally conform to provisions described in the Rules and Regulations Governing the Subdivision of Land. Drainage design and calculations are required. Such plan shall be accompanied by a report from a Certified Soil Evaluator, with confirmation that the results have been approved by the Board of Health, stating which lots on said plan contain soil conditions suitable for sub-surface sewerage disposal in accordance with rules and regulations of the Town of Bolton and applicable laws of the Commonwealth of Massachusetts. Soil testing witnessed by the Board of Health or its agent is required.

(c) A Site Plan showing, insofar as pertinent, all of the information required for a definitive subdivision plan, as specified in the Town of Bolton, Subdivision Rules and Regulations, as amended, and showing the following additional information: existing and conceptually proposed locations of buildings containing dwellings and other buildings; lighting; signs; the proposed use of the common land including improvements intended to be constructed thereon; the proposed ownership of all common land; and any other information required by the Planning Board.

(d) A schedule of the stages or phases of development including a specific timeline for the development, which the applicant proposes to employ in the construction of the Cottage Overlay District development in question.

(e) Sample floor plans of all dwelling types including a key showing the locations of each of the proposed types; elevation drawings or models of dwellings; schedule of building materials. See Design Review Board application requirements for drawing requirement details.

(f) Plans showing proposed methods of stormwater management, including drainage calculations in accordance with the MassDEP Stormwater Handbook.

(g) Plans showing proposed wastewater disposal facilities.

(h) Sample copies of the homeowners association or other legal structure formed for the operation, maintenance, management and enforcement of this development, including a master deed and bylaws of the organization. All such documentation shall include a reference to the objectives of the Cottage Overlay District development.

(i) Affordable Dwelling Unit marketing program including anticipated:

[1] Income range (using ranges established by the appropriate state or federal agencies as acceptable to the Planning Board) of family households or single individual residing in each low income dwelling unit.

[2] Methods for attracting residents of diverse income and ethnic backgrounds.

[3] Pre- and post-construction management methods concerning the maintenance of the Affordable Dwelling Units including supporting documents and contracts.

[4] Proposed methods of ensuring long-term availability for the Affordable Dwelling Units, including supporting documents and restrictions.

(j) Upon written request from the applicant, the Planning Board may waive the submission of such information, or parts thereof, as may not be necessary for the consideration of the application. The Planning Board's waiver decision shall be set forth in the written Special Permit decision.

(2) Reports from town boards or agencies. The Planning Board shall transmit forthwith a copy of the application and plan(s) to the Board of Selectmen, Board of Health, Conservation Commission, Department of Public Works, Building Inspector, Fire Department, and Police Department. Failure of any such board or agency to make a written recommendation or submit a written report within 35 days of receipt of the application shall be deemed a lack of opposition. Instrumental in the Planning Board's adjudication of the Cottage Overlay District development in question will be input from the Town of Bolton's Design Review Board who shall review the applicant's proposal, as previously described throughout this bylaw.

I. Planning Board Action.

(1) The Planning Board shall not grant a Special Permit for a Cottage Overlay District development unless it shall find that:

(a) The development complies with the purposes of the Cottage Overlay District bylaw as stated herein.

(b) Adequate and appropriate facilities will be provided for the proper operation of the Cottage Overlay District development.

(c) The Cottage Overlay District development's use would not be detrimental or offensive to the adjoining zoning districts and neighboring properties due to the effects of design, lighting, odors, smoke, noise, sewage, refuse materials or other visual nuisances which are the effect of the proposed development.

(d) The proposed Cottage Overlay District development's plan would not cause undue traffic congestion in the immediate area.

(e) The Cottage Overlay District development responds adequately in the opinion of the Planning Board to the recommendations of town boards and agencies including the Design Review Board.

(2) Special permit conditions. In order to implement a Special Permit for a Cottage Overlay District development and to assure compliance therewith, the Planning Board may set forth further requirements and conditions as the Board shall deem appropriate to accomplish the purposes of this Bylaw including:

(a) The applicant shall have submitted to the Planning Board detailed plans showing the locations, designs and layouts of such buildings and all infrastructure and landscaping and all driveways and accessory structures included in such stage or phase.

(b) The applicant shall have provided security by covenant, bond or other means satisfactory to the Planning Board securing the construction and installation of driveways, utilities, drainage and related services in such phase.

(c) The Planning Board shall have determined that the detailed plans are in substantial conformity with the conceptual plans approved in the Special Permit.

(3) The Planning Board shall have so notified the Building Inspector of its review and approval of each phase.

J. Hiring a consultant. The Planning Board may use provisions of MGL c.44, § 53G to hire consultants to assist the Planning Board in review of a Cottage Overlay District development. The Planning Board may employ such consultants to regularly inspect and oversee the development of the project following the issuance of the Special Permit. Associated consultancy costs shall be borne by the applicant of the Cottage Overlay District development in question.

K. Regulations. The Planning Board may adopt, and from time to time amend, rules and regulations consistent with the provisions of this Zoning Bylaw, G.L. c. 40A, and other applicable provisions of the General Laws, and shall file a copy of said rules and regulations with the Town Clerk.

§ 250-24 Scenic roads.

[Added 5-4-1981 STM by Art. 15; amended 5-5-2025 ATM by Art. 15]

A. Acting under MGL c. 50, § 15C, the following roads are designated as scenic roads:

	Annie Moore Road
	Ballville	Old Bay
	Bare Hill	Old Harvard
	Berlin	Old Sugar
	Bolton State Road No. 1	Quaker
	Burnham	Randall
	Century Mill	Sampson
	Corn	Sargent
	Delaney Street
	East End	Sawyer
	Farm Road
	Flanagan	South Bolton
	Forbush Mill	Spectacle Hill Road
	Frye	Sugar
	Golden Run	Teele
	Green
	Jordan	Vaughn Hill
	Lewis	Warner
	Lively	Wattaquadock (from Old Bay to Main)
	Long Hill	West Berlin
	Manor	Wheeler
	Meadow	Whitcomb
		Wilder
	Nourse

B. Designation as a scenic road allows the Town to preserve the qualities and character of the Town ways. Any repair, maintenance, reconstruction, or paving work done with respect to a scenic road shall not involve or include the cutting or removal of trees, or the tearing down or destruction of stone walls, or portions thereof, except with the prior written consent of the Planning Board after a public hearing duly advertised.

C. In granting or refusing such consent, the Planning Board shall consider, among other things, the public safety, scenic views, preservation of historic and regional characteristics, and preservation and enhancement of natural and aesthetic qualities of the environment.

D. The Planning Board may adopt reasonable further standards relative to scenic roads not inconsistent with this bylaw and the General Laws.

§ 250-25 Wireless communications.

[Added 5-3-1999 ATM by Art. 9; amended 5-1-2006 ATM by Art. 18; 5-5-2008 ATM by Art. 11; 5-3-2010 ATM by Art. 22]

A. Purpose. The purpose of this Wireless Communication Bylaw is to establish predictable and balanced regulations for the siting of wireless communication equipment in order to accommodate the growth of wireless communication systems within the Town of Bolton while protecting the public against adverse impacts upon the Town's aesthetic resources and the public welfare and to:

(1) Promote the public health, safety, general welfare, quality of life and rural character of the Town of Bolton.

(2) Guide sound development.

(3) Conserve the value of lands, natural resources, residences and buildings.

(4) Encourage the most appropriate use of the land.

(5) Minimize the adverse aesthetic and visual impact of wireless communication facilities.

(6) Minimize the number of wireless communication facility sites.

(7) Encourage co-location of licensed wireless communication carriers.

(8) Ensure that wireless communication facilities are sited, designed and screened in a manner that is sensitive to the surrounding neighborhood and the Town of Bolton.

(9) Avoid damage to and limit the impact upon abutting properties.

B. Definitions.

COLOCATION

The mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

[Added 5-6-2013 ATM by Art. 18]

COMMUNICATION DEVICE

Any antenna, dish or panel or similar equipment mounted out of doors on a tower, building or structure used by a licensed commercial telecommunications carrier(s) to provide telecommunication(s) services. The term "communication device" does not include a tower. High-gain point-to-point antennas are not permissible.

TOWER

Any equipment mounting structure that is used primarily to support any reception equipment, transmission equipment or communication device that measures 12 feet or more in its longest vertical dimension. The definition of "tower" shall include, but not be limited to, monopole and lattice structures.

TRANSMISSION EQUIPMENT

Radio transceivers, coaxial cable, a regular and backup power supply, and other associated electronics.

[Added 5-6-2013 ATM by Art. 18]

WIRELESS COMMUNICATION FACILITY

Any and all construction, installation, expansion, extension or use of any communication device(s), tower(s), materials, equipment, storage structures, accessory buildings, dishes and antennas used by a licensed commercial telecommunication carrier(s), the Town of Bolton's municipal public safety services and/or the Town of Bolton's public schools to provide telecommunication services, including personal wireless communication.

C. Applicability and special permit.

(1) No wireless communication facility shall be erected, installed, modified, replaced or maintained except upon the grant of a special permit in compliance with the provisions of this Wireless Communication Bylaw. The provisions of this Wireless Communication Bylaw will apply to all wireless communication facilities, whether as a principal use or an accessory use, and to any and all modification, extensions, and additions to, or replacements of existing wireless communication facilities.

(2) All modifications, extensions and additions to, or replacements of a wireless communication facility shall be subject to a modification of the wireless communication bylaw special permit following the same requirements as required for an original application.

(3) The Wireless Communication Overlay District is an overlay district mapped over other districts with regard to specific locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein. Any wireless communication facility to be constructed, installed, replaced, maintained and/or used in the Wireless Communication Facility Overlay District must be in compliance with the provisions of this Wireless Communication Bylaw and upon the grant of a special permit. The Wireless Communication Overlay District shall be superimposed on the Town of Bolton Zoning Map so as to indicate the extent and location thereof.

(a) Wireless Communication District A. This overlay district consists of all land located within the Business, Limited Business, Commercial and Industrial Zoning Districts as shown on the official Zoning Map for the Town of Bolton.

(b) Wireless Communication District B. This overlay district consists of land designated on the Bolton Assessor's Maps as:

	Location	Parcel ID
	41 Main Street	Map 5E, Parcel 9
	96 Hudson Road	Map 3D, Parcel 15A
	Main Street	Map 4C, Parcel 38A
	Forbush Mill Road	Map 5A, Parcel 19

(c) Wireless Communication District C. This overlay district consists of the Residential Zoning District as specifically provided for in conformance with § 250-21E, Agricultural/Business use, and in compliance with the provisions of this Wireless Communication Bylaw and upon the grant of a special permit.

(4) No wireless communication facility shall be erected, installed, modified, replaced, maintained and/or used in a wetland resource area as defined in the Wetlands Bylaw, Chapter 233, Wetlands, § 233-2.

D. Jurisdiction.

(1) The Select Board is authorized to grant and modify a special permit(s) pursuant to Massachusetts General Laws Chapter 40A for a wireless communication facility(s) within the Town of Bolton. The Select Board is further authorized to grant or modify a special permit(s) for the construction, installation, replacement, maintenance and/or use of a wireless communication device(s) and wireless communication facility(s) on already existing buildings or structures in the Residential, Business, Limited Business, Commercial or Industrial Zoning District.

[Amended 5-3-2021 ATM by Art. 10]

(2) The wireless communication bylaw special permit shall establish:

(a) The intensity of use, including the number, type and location of wireless communication devices;

(b) Periodic monitoring and reporting; and

(c) Other provisions as determined by the Select Board.

[Amended 5-3-2021 ATM by Art. 10]

(3) A wireless communication facility shall not be required to be sited on its own lot as required by § 250-13C, One building per lot.

(4) To facilitate the administration of this Wireless Communication Bylaw, the Select Board may establish and amend:

[Amended 5-3-2021 ATM by Art. 10]

(a) Rules and regulations;

(b) Application fees, requirements and procedures;

(c) Engineering, consulting, review, and periodic monitoring fees; and

(d) Reasonable special permit license fees.

E. Expiration.

(1) All wireless communication special permits granted or renewed pursuant to this bylaw shall expire five years after the date of the decision of the Select Board or the determination of an appeal as referred to in MGL c. 40A, § 17.

[Amended 5-3-2021 ATM by Art. 10]

(2) An application to renew or extend a special permit granted pursuant to this bylaw shall be considered and administered as a new special permit application.

F. Required findings for a special permit. The Select Board may grant or modify a wireless communication bylaw special permit only if it finds that:

[Amended 5-3-2021 ATM by Art. 10]

(1) There is no existing or approved wireless communication facility(s), tower(s), or other structure(s) reasonably available that could accommodate the wireless communication facility or could reasonably provide the service(s) or a reasonable alternative service.

(2) The applicant demonstrated to the satisfaction of the Select Board that the siting and proposed location of the wireless communication facility is critical and cannot be reasonably accommodated by co-locating on existing wireless communication facilities.

(3) The applicant and all tenants hold at the time of application all necessary federal, state and FCC telecommunications licenses required to operate the wireless communication facility.

(4) The applicant has certified to the Select Board that it is in compliance with all applicable federal, state and local laws and regulations, including any amendment(s) thereto.

(5) The size and height of the wireless communication facility is the minimum necessary to accommodate all users thereon and that any tower, including all appurtenant equipment, wireless communication device(s) and or communication device(s), shall:

(a) Not exceed 75 feet above the average grade of the existing terrain at the tower's base, unless the applicant demonstrates to the satisfaction of the Select Board that a taller structure is required;

(b) In no event exceed a height of 150 feet above the average grade of the existing terrain at the tower's base; and

(c) In no event be of such a height or location as to require aviation warning lighting.

(6) The wireless communication facility has been designed in all respects to accommodate multiple licensed telecommunication carriers and that the applicant has agreed to and will permit other licensed telecommunications carriers to co-locate on the facility at commercially reasonable terms.

(7) The wireless communication facility will not have a material adverse impact upon any Bolton viewshed as determined solely by the Select Board.

(8) Any wireless communication facility in the Business, Limited Business, Commercial, Wireless Overlay, Residential or Industrial Zoning District is set back from:

(a) Any property line, other than a property line immediately bordering Route 495, the greater of 400 feet or a distance equal to two times the height of the wireless communication facility, including any appurtenant equipment, device(s) or wireless communication device(s) attached thereto. From a property line bordering Route 495, the setback shall be at least one time the height of the wireless communication facility, including any appurtenant equipment, device(s) or wireless communication device(s) attached thereto; and

(b) The center line of an approved or accepted right-of-way, other than Route 495, by not less than 500 feet; and

(c) Any residence which has been built or for which a building permit has been granted at the time of the application, or from the site of any residence shown on a plan of land approved by the Town of Bolton or under consideration for approval by the Town of Bolton at the date of application, by not less than 1,000 feet.

(9) Any tower has been designed, using the best available technology, to blend into the surrounding environment through the use of color, camouflaging techniques, or other architectural treatments. Monopole construction is preferred.

(10) The wireless communication facility includes a provision(s) for the reasonable co-location, at no cost to the Town of Bolton, of communication systems to support the Town's emergency and safety services and its municipal public schools.

(11) The wireless communication facility complies with the following minimum design requirements:

(a) The wireless communication facility has been sited so as to make use of natural vegetative screening, and an adequate replacement of vegetation providing a noise buffer to neighboring properties is provided for; and

(b) To the greatest extent practical, the clearing of existing vegetation and the impact on the site's natural resources and topography is minimized; and

(c) Any clearing of existing on-site vegetation will preserve such vegetation to the maximum extent practicable, and any disturbed areas will be restored to the maximum extent practicable; and

(d) Access to any wireless communication facility has been engineered and will be built to ensure that the Town of Bolton's emergency services can respond safely to the site; and

(e) Emergency access to the site is available at all times to the Town of Bolton's emergency services; and

(f) Any emergency backup generators will be installed such that they only cycle periodically during non-holiday weekdays, between 8:00 a.m. and 5:00 p.m.; and

(g) Any wireless communication facility or tower is fenced so as to control access to the facility, and any fencing is designed so as to be as unobtrusive as possible; and

(h) Only signage acceptable to the Select Board will be visibly posted; at a minimum, an announcement sign, a "no trespassing" sign and a sign giving a phone number where the owner or operator can be reached on a twenty-four-hour basis; and

(i) Any accessory buildings and structures:

[1] Do not exceed one story in height;

[2] Contain no more than 300 square feet in floor area for each user;

[3] Are located within the fenced-in area; and

[4] Are compatible in appearance.

G. Nonuse. The operator must provide immediate acceptable written notice to the Select Board in the event of any change of ownership in any wireless communication facility, tower, communication device, accessory building, or of the underlying property. The operator or the property owner must provide immediate notice to the Select Board if the use of any wireless communication facility, tower, communication device or accessory structure is discontinued. Any unused wireless communication facility, tower, communication device and/or accessory structure shall be removed from the Town of Bolton within one year of cessation of use and the property shall be restored to substantially the same condition as it was in prior to the alteration.

[Amended 5-3-2021 ATM by Art. 10]

(1) To secure compliance with this provision, the Select Board may require that the applicant post adequate and acceptable surety as determined solely by the Select Board.

(2) All unused wireless communication facilities, towers, communication devices, accessory structures and/or any parts thereof, which have not been used for two years and which have not been removed from the Town of Bolton, may be dismantled, removed and the site restored to substantially the same condition as it was in prior to the alteration by the Town of Bolton. All costs incurred by the Town of Bolton directly related to and incidental to any such dismantling, removal and restoration shall be payable by the owner of the property.

(3) As conditions to any special permit granted under this Wireless Communication Bylaw, the property owner shall be required (i) to enter into an agreement with the Town of Bolton whereby the property owner is liable for all costs set forth in the preceding sentence and agrees to the conditional lien on the property as set forth below; (ii) to execute a document creating a lien on the property, which by its terms shall become effective in the event that the wireless communication facility has not been used for two years and has not been removed and the site restored within 30 days of written notice by certified mail to the owner; and (iii) to execute a notice of contract regarding the real estate. Both the lien document and the notice of contract shall be in a form suitable for recording at the Registry of Deeds. The notice of contract shall be recorded at the time of recording the special permit; the lien document shall be recordable upon the attachment of an affidavit signed by the Chair of the Select Board that the wireless communication facility was unused for two years and has not been removed by the owner and setting forth as the amount of the lien a sum equal to all costs incurred by the Town of Bolton to dismantle and remove the facility and restore the property.

H. Compliance. The failure of the applicant, owner, owner of the property, and/or any licensed telecommunications carrier tenant to comply with the bylaws of the Town of Bolton or with any section of the wireless communication bylaw special permit shall be sufficient grounds for the immediate revocation or nonrenewal of the special permit.

I. Exemptions.

(1) The following are exempted from this Wireless Communication Bylaw:

(a) Amateur radio tower or communications device(s). An amateur radio tower or communications device(s), defined as a tower or communication device(s) used solely in accordance with the terms of an amateur radio license(s) issued by the Federal Communications Commission. In order to qualify for this exemption, the Tower and any communication device(s):

[1] Must not be used or licensed for any commercial purposes; and

[2] Must be immediately dismantled if the amateur radio license is revoked or not renewed by the FCC.

(b) Wireless communication facility(s), tower(s) or communication device(s) erected and maintained by the Town of Bolton and/or the Town of Bolton's public schools solely for the Town of Bolton's municipal emergency and safety communication purposes. In the event that any wireless communication facility(s), tower(s) or communication device(s) exempted by this section is no longer used, or any part thereof is no longer used, the unused portion must be removed within one year as provided for and in compliance with Subsection G, Nonuse.

(c) Eligible facility modifications. "Modification requests" to "eligible facilities" shall be exempt from the requirements of § 250-25C if the building inspector determines that the requirements of this subsection have been met. For the purposes of this subsection, "eligible facilities" means existing wireless towers and base stations. "Modification requests" means any modification request to "eligible facilities" involving:

[Added 5-6-2013 ATM by Art. 17]

[1] Colocation of new communication devices; or

[2] Removal of communication devices; or

[3] Replacement of communication devices or other transmission equipment that does not substantially change the physical dimensions of existing eligible facilities.

(2) A lawfully preexisting wireless communication facility(s), tower(s) or communication device(s) and any accessory structure(s) may not be modified, replaced, extended or added to except in accordance with § 250-3C, Preexisting nonconforming uses and structures, and, if applicable, this Wireless Communication Bylaw. For any preexisting nonconforming wireless communication facility(s), tower(s) or communication device(s), the provisions in § 250-3C(1), Extension or alteration, that considers any increase of not over 100% from the original floor area of the building at the time of the adoption of the Zoning Bylaw on April 13, 1972, or not over 50% of the ground area in use at that time as not substantially more detrimental to the neighborhood shall not apply. Any increase shall conform with the requirements of this § 250-25.[1]

[1] Editor's Note: Original § 2.5.8, Rate of development, added 11-15-2004 STM by Art. 14, which immediately followed this section, provided that it remain in effect until 12-31-2008. Upon expiration, it was removed from this bylaw.

§ 250-26 Commercial solar photovoltaic renewable energy installations.

[Added 5-7-2012 ATM by Art. 27]

A. Purpose.

(1) The purpose of this bylaw is to provide a permitting process and standards for the creation of new commercial solar photovoltaic renewable energy installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address and protect public safety, minimize undesirable impacts on residential property and neighborhoods, protect scenic, natural and historic resources, protect and/or provide for wildlife corridors, and do not diminish abutting property values and provide adequate financial assurance for the eventual decommissioning of such installations.

(2) The provisions set forth in this section shall apply to the construction, operation, and/or repair of commercial solar photovoltaic renewable energy installations.

B. Applicability. No commercial solar photovoltaic renewable energy installations shall be erected or installed except in compliance with the provisions of this section and other applicable sections of the Zoning Bylaw, as well as state and federal law. Such use shall not create a nuisance which is discernible from other properties by virtue of noise, vibration, smoke, dust, odors, heat, glare and radiation, unsightliness or other nuisance as determined by the special permit and site plan approval granting authorities.

(1) The construction and use of a commercial solar photovoltaic renewable energy installations with 250 kW or larger of rated nameplate capacity within the Industrial, Limited Business, Business, Limited Recreation and Residential Districts shall undergo site plan review by the Select Board and shall be subject to a special permit by the Planning Board prior to construction, installation or modification as provided in this section.

[Amended 5-3-2021 ATM by Art. 10]

(2) This section also pertains to physical modifications that materially alter the type, configuration or size of these installations or related equipment throughout the useful life of the system or where alterations may impact abutters.

C. General requirements.

(1) Lot requirements. A commercial solar photovoltaic renewable energy installation may be permitted on a lot which contains an area of not less than four acres and meets the setbacks and maximum lot coverage under "Other Uses" of the Dimensional regulations in § 250-13.

(2) Visual impact. The visual impact of the commercial solar photovoltaic renewable energy installation, including all accessory structures and appurtenances, shall be mitigated. All accessory structures and appurtenances shall be architecturally compatible with each other. Structures shall be shielded from view and/or joined and clustered to avoid adverse visual impacts as deemed necessary by and in the sole opinion of the special permit and site plan approval granting authorities. Methods such as the use of landscaping, natural features and opaque fencing shall be utilized.

(3) Compliance with laws, ordinances and regulations. The construction and operation of all commercial solar photovoltaic renewable energy installations shall be consistent with all applicable local regulations and bylaws, and state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic renewable energy installation shall be constructed in accordance with the State Building Code.

(4) Utility notification. No commercial solar photovoltaic renewable energy installation shall be constructed until evidence has been given to the special permit and site plan approval granting authorities that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner's or operator's intent to install an interconnected customer-owned generator. Proof of a mutual agreement with the utility company shall be provided to the special permit and site plan approval granting authorities. Off-grid systems shall be exempt from this requirement. If the commercial solar photovoltaic renewable energy installation goes on grid, it shall comply with this requirement.

(5) Maintenance. The commercial solar photovoltaic renewable energy installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief, Police Chief, emergency medical services and special permit and site plan approval granting authorities. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.

(6) Emergency services. The commercial solar photovoltaic renewable energy installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief. The owner or operator shall provide an emergency response plan. The emergency response plan is subject to the approval of the special permit and site plan approval granting authority, the Fire Department and the Police Department, and shall include, at a minimum, explicit instructions on all means of shutting down the commercial solar photovoltaic renewable energy installation, which shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

(7) Safety and security.

(a) Safety and measures of security shall be subject to the approval of the special permit and site plan approval granting authorities, the Fire Department and the Police Department, and the owner or operator shall be required to provide emergency services with training on all equipment and procedures referenced in the emergency response plan or which might otherwise be necessary for emergency services to operate or perform.

(b) The owner or operator shall be required to provide a Knox Box (a secure, tamper-proof storage box for keys or other access tools) at each locked entrance to the facility and maintain a complete set of all keys or devices required to gain emergency access to all areas, buildings and equipment of the facility in each Knox Box.

D. Design standards.

(1) Lighting. Lighting of the commercial solar photovoltaic renewable energy installation, including all accessory structures and appurtenances, shall not be permitted unless required by the special permit and site plan approval granting authorities, special permit and site plan approval decision or required by the State Building Code. Where used, lighting shall be so arranged as to direct the light away from any street and from any premises residentially used or zoned. Such exterior lights shall be mounted and shielded, such that light sources and lenses shall not be visible from any residential district. Luminaries shall be cutoff (down light type), with the mounting height not to exceed 20 feet. Light overspill shall not create shadowing discernible without instruments on any residentially zoned premises.

(2) Signs and advertising.

(a) Section 250-18, Sign regulations, of the Zoning Bylaw does not apply to this section. Signage for commercial solar photovoltaic renewable energy installations shall be limited in size as determined by the special permit and site plan approval granting authorities.

(b) Commercial solar photovoltaic renewable energy installations shall not be used for displaying any advertising except for reasonable identification of the owner or operator of the commercial solar photovoltaic renewable energy installation and emergency contact information.

(3) Utility connections. All utility connections from the commercial solar photovoltaic renewable energy installations shall be underground unless specifically permitted otherwise by a special permit and site plan approval decision. Electrical transformers, inverters, switchgear and metering equipment to enable utility interconnections may be above ground if required by the utility provider.

(4) Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation and trees shall be limited to what is necessary for the construction, operation and maintenance of the commercial solar photovoltaic renewable energy installation or otherwise prescribed by applicable laws, regulations and bylaws and meets the soil erosion and habitat impacts as required under the Solar Regulations.

(5) Structures and panels. All structures and panels and all associated equipment and fencing including commercial solar photovoltaic renewal energy installations, shall be subject to all applicable bylaws and regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building and lot coverage requirements and may not exceed 50% of the total lot area.

E. Modifications. All substantive material modifications to a commercial solar photovoltaic renewable energy installation made after issuance of the special permit and site plan approval decision shall require modification to the special permit and site plan approval decision.

F. Abandonment and removal.

(1) Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the commercial solar photovoltaic renewable energy installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the special permit and site plan approval granting authorities. If the owner or operator of the commercial solar photovoltaic renewable energy 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 and physically remove the installation.

(2) Removal requirements. Any commercial solar photovoltaic renewable energy 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 special permit and site plan approval granting authorities by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

(a) Physical removal of all commercial solar photovoltaic renewable energy installation structures, equipment, security barriers and transmission lines from the site.

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

(c) Stabilization or revegetation of the site as necessary to minimize erosion. The special permit and site plan approval granting authorities may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

G. Financial surety.

(1) Proponents of commercial solar photovoltaic renewable energy installation projects shall provide a noncancellable surety bond or other form of surety approved by the Planning Board to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the special permit and site plan approval granting authorities, but in no event to exceed more than 150% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

(2) Before issuance of any building permits for the commercial solar photovoltaic renewable energy installation, such construction and installation shall be secured in accordance with this bylaw and/or any regulations adopted pursuant to the Commercial Solar Photovoltaic Renewable Energy Installation Bylaw for this purpose.

H. Special permit and site plan approval decisions. Special permit and site plan approval decisions shall conform to the requirements of this section, § 250-23E and F of the Zoning Bylaw and other relevant sections of the Zoning Bylaw.

I. The Planning Board may utilize provisions of MGL c. 44, § 53G, to hire consultants to assist the Planning Board in review of the proposed developments. In addition, the Planning Board may, at its option, ask the Bolton Energy Committee to assist in review of the project. The Planning Board may adopt regulations to implement the purpose of this bylaw.

J. All commercial solar photovoltaic renewable energy installation special permit and site plan approval decisions shall be valid for a twelve-month period unless renewed or extended by the special permit and site plan approval granting authorities following application made by the applicant. There is no limit to the number of renewals or extensions the special permit and site plan approval granting authorities may grant for a commercial solar photovoltaic renewable energy installation.[1]

[1] Editor’s Note: Former § 250-26.1, As-of-Right Commercial Solar Photovoltaic Renewable Energy Installations Overlay District, which originally followed this subsection, was renumbered as § 250-16.2 at the request of the Town in order to maintain the organizational structure of the chapter.

§ 250-27 Inclusionary housing.

[Added 5-5-2003 ATM by Art. 18]

A. Purpose and intent. The purpose of this bylaw is to outline and implement a coherent set of policies and objectives for the development of affordable housing in compliance with the Bolton Affordable Housing Plan, MGL c. 40B, §§ 20 through 23, and ongoing programs within the Town of Bolton to promote a reasonable percentage of housing that is affordable to moderate-income buyers. It is intended that the affordable housing units (AHUs) that result from this bylaw be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Department of Community Affairs, Division of Housing and Community Development, and that said units count toward the Town's requirements under MGL c. 40B, §§ 20 through 23.

B. Definitions.

AFFORDABLE HOUSING UNIT (AHU)

A dwelling unit available at a cost of no more than 30% of gross household income of households at or below 80% of the Metropolitan Statistical Area (MSA) which includes the Town of Bolton (the Bolton MSA) median income as reported by the U.S. Department of Housing and Urban Development, including units listed under MGL c. 40B, §§ 20 through 23 and the Commonwealth's Local Initiative Program.

OFF-SITE

Fully buildable lots not contiguous to the primary development as of the date of transfer or application, whichever is applicable, located within the Town of Bolton.

QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER

An individual or family with household income that does not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD).

REHABILITATED

Preexisting legal housing stock (No nonconforming preexisting structures shall be allowed in this definition.) located in Bolton that is not under affordable guidelines that has been renovated to current State Building Codes and Bolton Board of Health rules and regulations as may be required for the purpose of use as an affordable housing unit.

SPECIAL PERMIT GRANTING AUTHORITY (SPGA)

The SPGA shall either be the Planning Board if the project is a regular major residential subdivision, FOSPRD or regular development on a combination of ANR and/or backland lots [and the affordable units considered as Local Initiative Program (LIP) dwelling units)] or the Zoning Board of Appeals (ZBA) if the project is brought forth as a "friendly 40B" project and is required to follow comprehensive permit guidelines.

C. Applicability.

(1) Division of land. This bylaw shall apply to the division of contiguous land held in single or common ownership into eight or more lots. The conditions of this bylaw shall apply to the special permit required and issued for land divisions under MGL c. 40A, § 9, as well as for "conventional" or "grid" divisions allowed by MGL c. 41, §§ 81L and 81U, including those divisions of land that do not require subdivision approval. This bylaw therefore applies to § 250-14 (Farmland and open space planned residential development) and § 250-15 (Major residential development) of the Zoning Bylaw.

(2) Multiple dwelling units. This bylaw shall apply to the construction of eight or more dwelling units, whether on one or more contiguous parcels, and shall require a special permit from the Board of Appeals.

(3) The provisions of Subsection C(2) shall apply to the construction of eight or more dwelling units on individual lots if said eight or more lots are held in single or common ownership.

(4) To prevent the intentional segmentation of projects designated to avoid the requirements of this bylaw, parcels held in single or common ownership and which are subsequently divided into eight or more lots shall also be subject to this bylaw.

D. Mandatory provision of affordable units. The SPGA, as a condition of approval of any development referred to in Subsection C, shall require that the applicant for special permit approval comply with the obligation to provide affordable housing pursuant to Subsection E of this bylaw.

E. Provision of affordable units.

(1) The SPGA shall deny any application for a special permit for development if the applicant for special permit approval does not comply, at a minimum, with the following requirements for affordable units:

(a) The maximum housing cost for affordable units created under this bylaw is as established by the Commonwealth's Division of Housing and Community Development or as revised by the Town.

(b) One in every eight buildable lots in a division of land or one in every eight units in a multiple-unit development subject to this bylaw shall be established as AHUs in any one or combination of methods provided below. Fractions of a lot or dwelling unit will not be rounded up to the next whole number. For reference, the following schedule is provided for allocating affordable units given a particular range of total lots in a subdivision or total units in a multiple-unit development. This schedule is given for reference:

	Total Lots/Units	Affordable Lots/Units Established
	8 to 15	1
	16 to 23	2
	24 to 31	3
	32 to 39	4
	40 to 47	5
	48 to 55	6
	56 to 63	7
	64 to 71	8
	and so on . . .

(c) The AHU(s) shall be constructed or rehabilitated on the locus subject to the special permit and shall be integrated with the rest of the development and situated within the development so as not to be in a less desirable location than the market-rate units in the development, and no less accessible to public amenities such as open space than the market-rate units. The AHU(s) must be compatible in design, appearance, construction and quality of materials as the market-rate units.

[Amended 11-7-2011 STM by Art. 3]

(d) The AHU(s) may be constructed or rehabilitated on a locus different from the one subject to the special permit (see Subsection I).

(e) Subject to the approval of the Planning Board, an equivalent fees-in-lieu-of-payment and/or donation of land in fee simple may be made (see Subsection L, below) if the Planning Board determines:

[Amended 11-7-2011 STM by Art. 3]

[1] That the fee or donation of land will sufficiently aid in addressing the goals of the Town's affordable housing mission; or

[2] The provision of affordable units would result in a hardship such as rendering the project economically infeasible.

(2) The applicant may offer, and the SPGA may accept, any combination of the Subsection E(1)(c) through (e) requirements, provided that in no event shall the total number of units or land area provided be less than the equivalent number or value of affordable units required by this bylaw.

F. Provisions applicable to AHUs on- and off-site.

(1) Siting of AHUs. All affordable units created under this bylaw shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, than the market-rate units.

(2) Minimum design and construction standards for affordable units. AHUs within market-rate developments shall be integrated with the rest of the development, shall be externally indistinguishable from the market-rate units and compatible in construction and quality of materials with other units.

(3) Timing of construction or provision of affordable units or lots. The SPGA will impose conditions on the special permit requiring construction of affordable housing according to a specified time table so that affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below:

(a) Development schedule.

	Market-Rate Unit (% built)	Affordable Housing Unit (% completed)
	Up to 30%	None required
	30% to 50%	At least 30%
	50% to 75%	At least 75%
	75% or more	100%

(b) Fractional units shall be rounded up to the nearest whole number. The actual development schedule for the availability of affordable units and/or the donation of land/fees-in-lieu shall be detailed in the special permit decision rendered by the SPGA.

G. Local preference. The SPGA shall require the applicant to comply with local preference requirements, if any, as established by the Select Board and/or the Bolton Affordable Housing Partnership.

[Amended 5-3-2021 ATM by Art. 10]

H. Marketing plan for affordable units. Applicants under this bylaw shall submit a marketing plan or other method approved by the SPGA, to the SPGA for approval, which describes how the affordable units will be marketed to potential homebuyers. This plan shall include a description of the lottery or other process to be used for selecting buyers. The plan shall be in conformance with DHCD rules and regulations.

I. Provision of affordable housing units off-site. As an alternative to the requirements of Subsection E(1)(b) and (c), and subject to the approval of the SPGA, an applicant subject to this bylaw may develop, construct or otherwise provide affordable units equivalent to those required by Subsection E(1)(b) and (c) on an alternate site in the Town of Bolton and approved by SPGA. All requirements of this bylaw that apply to on-site provision of affordable units shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the special permit review and approval process.

J. Maximum incomes and selling prices: initial sale. To ensure that only eligible households purchase AHUs, the purchaser of an affordable unit shall be required to submit copies of the last three years' federal and state income tax returns and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent, and within 30 days following transfer of title, to the Bolton Housing Authority or to another authority as determined by the SPGA, that his/her or their family's annual income level does not exceed the maximum level as established by the Commonwealth's Division of Housing and Community Development, and as may be revised from time to time. The maximum price of the AHU(s) created under this bylaw is established by DHCD under the Local Initiative Program (LIP) guidelines in effect at the time the unit(s) is built.

K. Preservation of affordability; restrictions on resale. Each affordable unit created in accordance with this bylaw shall have the following limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a deed restriction, acceptable to DHCD, on the property, recorded at the Worcester County Registry of Deeds or the Land Court, and shall be in force for a period of 99 years.

(1) AHU(s) resale price. Sales beyond the initial sale to a qualified purchaser shall not exceed the maximum sales price as determined by the DHCD for affordability within the Town of Bolton at the time of resale.

(2) Right of first refusal to purchase. The purchaser of an AHU developed as a result of this bylaw shall agree to execute a deed rider prepared by the Town, granting, among other things, the Town of Bolton's right of first refusal, for a period of not less than 180 days, to purchase the property or assignment thereof, in the event that, despite diligent efforts to sell the property, a subsequent qualified purchaser cannot be located.

(3) The SPGA shall require, as a condition for special permit approval under this bylaw, that the deeds to the AHUs contain a restriction that any subsequent renting or leasing of said AHU shall not exceed the maximum rental price as determined by the DHCD for affordability within the Town of Bolton.

(4) The SPGA shall require, as a condition for special permit approval under this bylaw, that the applicant comply with the mandatory set-asides and accompanying deed restrictions on affordability, including the execution of the deed rider noted in this Subsection K. The Zoning Enforcement Officer shall not issue a building permit for any affordable unit until the deed restriction is recorded at the Worcester County Registry of Deeds or the Land Court.

(5) The Bolton Housing Authority or other 501(c)(3) fund as determined by the SPGA shall be the authority that monitors, oversees and administers the details for all resale of any affordable units created under this bylaw.

L. Donation of land and/or fees-in-lieu-of-affordable-housing-unit provision. As an alternative to the requirements of Subsection E, and as allowed by law, an applicant may contribute a fee or land to the Bolton Affordable Housing Trust Fund or other 501(c)(3) fund as designated by the SPGA to be used for the development of affordable housing in lieu of constructing and offering affordable units within the locus of the proposed development or off-site.

(1) Fees-in-lieu-of–units.

[Amended 5-1-2017 ATM by Art. 9]

(a) Calculation of fees-in-lieu-of-units. The applicant for development subject to this bylaw may pay fees in lieu of the construction or provision of affordable units to the Town. The fees shall be paid in increments prior to the issuance of a building permit for each and every unit, or otherwise at the sole discretion of the SPGA, based on the sales price of an affordable unit as calculated each year when income limits are published by the United States Department of Housing and Urban Development (HUD). The sales price of an affordable unit shall be based on the Department of Housing and Community Development's (DHCD) LIP price calculator (using median income of a family of four at 70% of the median, as reported by HUD).

(b) Fee schedule. The fees-in-lieu-of-units for each unit shall be equal to: Sales price of affordable unit x Total number of affordable units subject to fees-in-lieu-of-units/Total number of units in the subject development.

(c) Fees-in-lieu-of-units may be secured through a municipal charges lien on the property, pursuant to M.G.L. c. 40, § 58.

[Added 6-22-2020 ATM by Art. 12]

(2) Donations of land.

(a) An applicant may offer, and the SPGA, in concert with the Select Board, may accept, donations of land in fee simple, on- or off-site, that the SPGA determines are suitable for the construction of affordable housing units concurrently or in the future. The value of donated land shall be equal to or greater than 115% of the construction or set-aside of affordable units.

[Amended 5-3-2021 ATM by Art. 10]

(b) The SPGA shall require, prior to accepting land as satisfaction of the requirements of this bylaw, that the applicant submit two appraisals of the land in question (Future values may be taken into account in this appraisal.), as well as other data relevant to the determination of equivalent value. The applicant must also supply certified information that the land to be donated will support the required number of dwelling units per current the Bolton Zoning Bylaw, Bolton Board of Health regulations and Bolton Conservation Commission requirements as of the date of transfer (i.e., the land is buildable).

§ 250-27.1 Barn, stable and carriage house preservation.

[Added 5-5-2014 ATM by Art. 7]

A. Accessory apartments.

(1) Purpose. The purpose of this bylaw is to preserve existing detached barns, stables and carriage houses built before 1925 and provide flexibility for accessory apartment types.

(2) Restrictions. The Planning Board, acting as the special permit granting authority (SPGA), may grant a special permit to use a detached barn, stable or carriage house for single-family residential use on a lot with an existing dwelling, provided all of the following conditions are satisfied:

(a) The barn, stable or carriage house must have existed continuously since 1925. When converted for residential use, the structure must have a minimum net floor area of 400 square feet for accessory apartment types.

(b) The barn, stable or carriage house and principal dwelling must be and remain located on the same lot.

(c) At least one of the dwellings (barn, stable, carriage house or principal dwelling) must be and remain owner occupied.

(d) The principal dwelling must be included in the Historical and Architectural Inventory of Bolton, MA or alternatively qualify by having been built prior to 1925 with a detached barn, stable or carriage house.

(e) The Building Inspector shall confirm by inspection that the existing principal dwelling on the lot must be used only as a single-family dwelling during such time as the barn, stable or carriage house is being used as a dwelling. A two-family dwelling may be converted to a single-family dwelling to meet this requirement. The Building Inspector shall confirm by inspection that the existing dwelling is being used only as a single-family dwelling before issuing a certificate of occupancy for the use of the barn, stable or carriage house. The owner of the property must sign an affidavit recorded at the Registry of Deeds with the special permit accepting such requirement.

(f) The exterior facade of the barn, stable or carriage house shall substantially retain its appearance as a barn, stable or carriage house, and exterior architectural features shall be preserved to the maximum extent practicable, keeping in mind the barn, stable or carriage house will be a dwelling. If the facade of the barn, stable or carriage house shall have been changed from its original appearance prior to the filing for a special permit under this section, it shall be restored to be consistent with the architecture of the period of its construction. The SPGA shall obtain a report from the Bolton Historical Commission as to exterior features that it recommends be preserved or restored and which, if any, proposed exterior alterations should be allowed on the barn, stable or carriage house. The existing footprint shall remain substantially the same but shall not increase more than 10%.

(g) Sufficient off-street parking must be provided for occupants of the barn, stable or carriage house.

(h) The barn, stable or carriage house shall meet all building code requirements and shall have properly installed and maintained fire safety devices for the protection of all occupants in the entire dwelling, be issued an address for the accessory unit by the Fire Department and be subject to compliance with state and local Board of Health requirements and state and local wetland bylaws and regulations.

(i) Any other conditions, safeguards and limitations on time or use as may be imposed by the SPGA according to MGL c. 40A or regulations pursuant thereto.

B. Accessory uses.

(1) Purpose. The purpose of this section is to preserve existing, freestanding and detached barns, stables and carriage houses built before 1925 and provide flexibility for home occupations. The conduct of the following home occupations may be permitted under the provisions of this section of the Barn, Stable and Carriage House Preservation Bylaw. It is the intent of this section to allow home occupations that are generally not allowed under Bolton's Accessory Use Bylaw, Chapter 250, Zoning, § 250-21. The accessory use must be clearly incidental and secondary to the principal use of the principal dwelling unit or the permitted accessory structure. The essential component of a home occupation is that it does not detract from the character of the existing land use.

(2) Restrictions. A special permit from the Planning Board is required for home occupations which are not allowed under the accessory uses section, § 250-21. Any special permit issued for a home occupation pursuant to this bylaw shall be subject to the following conditions:

(a) The structure used must have been in existence prior to 1925. Any and all additions to the original structure must be in keeping with the original architectural style.

(b) Sufficient off-street parking must be provided and such parking areas must be in keeping with the character of a single-family residence. Crushed stone may be considered as an acceptable paving surface for this use. No more than two parking spaces shall be located within the front yard of the property.

(c) There shall be no external change which alters the residential appearance. The residential character of the premises must be preserved. All materials and products shall be stored only within the dwelling. All work or sale of goods must be carried on inside the building used.

(d) There shall be no exterior display, no exterior storage of materials, and no other exterior indication of the permitted use or other variation from the residential character of the principal building other than a sign as permitted under § 250-18E of the Bolton Zoning Bylaw, pertaining to residential signs.

(e) The SPGA may impose on any special permit additional conditions, including, but not limited to, number of employees permitted, hours of operations and screening plantings of abutting properties.

(f) Before granting a special permit the SPGA must conclude that the impact from traffic, lighting, and hours of operation will not have a negative impact on the residential neighborhood.

(g) The permitted use shall be carried out only inside the principal dwelling or the barn, stable, or carriage house.

(h) The permitted use shall be carried out by the person who resides in the principal dwelling or the barn, stable, or carriage house.

(i) Not more than two persons other than the residents of the dwelling and not more than a total of four are employed at any one time on the premises in the permitted use.

(j) No equipment or process shall be used which creates offensive noise, vibration, smoke, dust, odors, fumes, heat or glare detectable to the normal senses off the premises.

(k) No equipment or process shall be used which creates electrical interference in household devices off premises.

(l) The permitted use shall not allow shipments by vehicles not customarily making deliveries in a residential area.

(m) No highly toxic, explosive, flammable, combustible, corrosive, radioactive or similar hazardous materials are to be used or stored on the premises in amounts that exceed those that are typically found in normal residential use.

(n) The occupied space for the permitted use shall not exceed more than 1/3 of the floor space of the living area of the principal dwelling, if it is being used as an accessory use to the principal dwelling, or more than 1/3 of the floor space of the living area of the accessory dwelling, if it is being used as an accessory use to the accessory dwelling.

(o) The barn, stable or carriage house and principal dwelling must be and remain located on the same lot.

[Added 5-5-2014 ATM by Art. 8]

(3) Allowed uses are the following:

(a) Photo studio, artist, craftsman, or other artisan studios. Stock and trade may be sold on the premises, provided that it is produced on the premises.

(b) Repair and alteration of wearing apparel and accessories.

(c) Florist or caterer.

(d) Repair for musical instruments.

(e) Bed-and-breakfast.

(f) Antique shop.

(4) Prohibited occupations/activities. The following occupations or activities are expressly prohibited as home occupations:

(a) Servicing, maintenance, or restoration of motor vehicles.

(b) Trucking or warehousing activities.

(c) Sale of articles, except as provided in the above Subsection C.

(d) Animal hospital.

(e) Medical or dental clinics.

(5) Process.

(a) An owner or owners of a barn, stable and carriage house may make an application to the SPGA for a special permit for the alteration and/or occupancy of a barn, stable and carriage house in compliance with all of the above-listed restrictions. The SPGA will then post notice of this public hearing in accordance with MGL c. 40A. The Bolton Historical Commission shall be notified upon receipt of building application.

(b) The special permit for said barn, stable or carriage house will be limited to the original applicant but shall be transferred with ownership upon the successful inspection of the property which verifies that all conditions of the requirements for a barn, stable or carriage house are being met and upon recertification that the new owner(s) of the dwelling plan(s) to maintain residence in either the barn, stable or carriage house or the principal residence.

(c) If the terms and/or conditions of the special permit for a barn, stable or carriage house are not being complied with, such special permit can and will be revoked in accordance with standard enforcement procedures, or if all conditions are not met within one year of issuance of the special permit, the special permit will be null and void.

(6) Criteria. For those uses identified in Chapter 250 of the Code of the Town of Bolton as requiring a special permit from the Planning Board, the following additional factors shall be considered by the Planning Board, granting, denying, or considering renewal of any special permit:

(a) The existence of safe vehicle access to and from the property; and

(b) The existence of safe pedestrian access to and from the site.

C. Rules and regulations. The Planning Board may adopt rules and regulations relative to this bylaw.

§ 250-27.2 Outdoor lighting. [1]

[Added 5-3-2021 ATM by Art. 13[2]]

A. Objective. The regulation of outdoor lighting is intended to enhance public safety and welfare by providing for lighting that will complement the character of the Town, preserve the natural environment, enhance the night sky as a natural resource, minimize light trespass, diminish glare, and reduce energy consumption.

B. Applicability.

(1) The requirements of this section shall apply to outdoor lighting on lots and parcels in all districts.

(2) Exemptions include the following:

(a) Single-family and two-family dwellings.

(b) Streetlights, lights that control traffic, or other lighting for public safety on streets and ways.

(c) Municipal properties.

(d) Athletic fields.

(e) Lighting fixtures required by the FAA.

(f) Seasonal holiday lighting.

(g) Existing outdoor lighting approved through the issuance of a special permit and/or site plan approval as of May 3, 2021.

(3) Prohibited outdoor lighting includes:

(a) Color changing lights and static color lights.

(b) Flickering or flashing lights.

(c) Neon lights, mercury vapor, and searchlights.

C. Definitions.

CUTOFF ANGLE

The angle formed by a line drawn from the direction of the direct light rays at the light source with respect to the vertical, beyond which no direct light is emitted.

FIXTURE

The assembly that houses a lamp or lamps, and which may include a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor, lens or diffuser lens.

FOOTCANDLE

A unit of illumination. One footcandle is equal to one lumen per square foot.

FULL CUTOFF LUMINAIRE

A lamp and fixture assembly designed with a cutoff angle of 90° so that no direct light is emitted above a horizontal plane.

GLARE

Light emitted from a luminaire with an intensity great enough to produce annoyance, discomfort, or a reduction in a viewer's ability to see.

LAMP

The component of a luminaire that produces the actual light.

LIGHT TRESPASS

The shining of direct light produced by a luminaire beyond the boundaries of the lot or parcel on which it is located. On-site lighting shall produce no more than 0.3 footcandle horizontal brightness at the property line and zero footcandle 10 feet horizontal brightness beyond the property line.

LUMEN

A measure of light energy generated by a light source (i.e., brightness). For purposes of this bylaw, the lumen output shall be the initial lumen output of a lamp, as rated by the manufacturer.

LUMINAIRE

A complete lighting system, including a lamp or lamps and a fixture.

D. Requirements.

(1) Energy efficient lamps are the preferred lamp type for all outdoor lighting applications.

(2) All luminaires, regardless of lumen rating, shall be full cutoff to eliminate light trespass onto any street or abutting lot or parcel beyond 10 feet and to eliminate glare perceptible to persons on any street or abutting lot or parcel.

(3) A luminaire attached to the exterior of a building or structure for area lighting shall be full cutoff to control glare. The luminaire shall be mounted no higher than 20 feet above grade or at a height approved by the special permit and/or site plan approval granting authority.

(4) A luminaire attached to a pole shall be mounted no higher than 20 feet above grade and shall be full cutoff to control glare.

(5) All outdoor lighting shall be shut off between the hours of 11:00 p.m. and 6:00 a.m. with the exception of limited security and safety lighting or alternative hours approved through the issuance of a special permit and/or site plan approval.

(6) Uses allowed by special permit and/or site plan approval may be required to submit a photometric plan at the discretion of the special permit and/or site plan approval granting authority.

(7) The Planning Board may issue regulations to go with this bylaw which specify design criteria and the contents of a photometric plan.

[1] Editor's Note: The provisions of former § 250-27.2, Temporary moratorium on medical marijuana treatment facilities, added 10-16-2013 STM by Art. 9, expired 6-30-2014 and have been removed from the Code. See now § 250-23.1, Medical marijuana treatment centers.

[2] Editor's Note: This article originally added these new provisions as § 250-18. They were redesignated as § 250-27.2 with the permission of the Town in order to maintain the organizational structure of the chapter. For additional provisions on lighting, see § 250-23G(10).

§ 250-27.3 Special permits for kennels.

[Added 5-5-2014 ATM by Art. 17]

A. Special permit granting authority. Special permit applications shall be heard and decided upon by the Planning Board, except in the case where some other special permit granting authority is specified by this bylaw.

B. Criteria. Special permits provided for a kennel shall be granted only upon determination by the special permit granting authority stating that said kennel is in conformity to the Bolton Zoning Bylaw, the premises in question provide sufficient area for keeping of the dogs and that the health and safety of the public is protected. Such permits may also impose conditions, safeguards and limitations on number of dogs allowable.

C. Expiration. Special permits shall lapse 24 months following grant thereof (excepting such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17) if a substantial use or construction has not sooner commenced except for good cause.

D. Public hearing. Special permits or any extension, modification, or renewal thereof shall only be issued following public hearing as set forth in Chapter 250, Article II, § 250-7D of the Code of the Town of Bolton.