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.
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.
Accessory apartments.
[Added 5-4-1987
ATM by Art. 11; amended 5-3-2021 ATM by Art. 11]
(1)
No accessory apartment 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)
The residence must be owner-occupied, except for bona fide temporary
absences. The owner of the property shall occupy either the principal
dwelling or the accessory apartment.
(4)
There shall be a maximum of one accessory apartment per residence
and it shall have its own complete kitchen and complete bath and toilet
facilities.
(5)
Accessory apartments shall not be used for online home rental services
for transient occupancy.
(6)
The outside appearance of the premises shall remain that of a single-family
residence.
(7)
Construction of an accessory apartment is allowed as of right, either
in or attached to a new or existing principal dwelling, subject to
the following requirements:
(a)
The size of the accessory apartment is to be limited to no larger
than 1/3 of the aggregate heated floor space of living area of the
residence.
(b)
The accessory apartment shall have its own separate entrances
from the outside.
(c)
A certified drawing showing the above shall be filed with the
Select Board either for new construction or the creation of an accessory
apartment in an existing dwelling.
[Amended 5-3-2021 ATM by Art. 10]
(8)
The Planning Board, acting as the special permit granting authority
(SPGA), may grant a special permit for a detached accessory apartment
within an accessory building subject to the following requirements:
(a)
The detached accessory apartment shall appear incidental to
the principal residence.
(b)
The gross heated floor space of living area of the detached
accessory apartment shall not exceed the lesser of 50% of the gross
floor area of the principal dwelling or 1,200 square feet.
(c)
Accessory buildings, either grandfathered or constructed with
a building permit prior to May 3, 2021, whose gross floor areas exceed
the maximum allowed area may be considered at the discretion of the
SPGA.
(d)
An additional driveway or curb cut for the use of the detached
accessory apartment may be considered at the discretion of the SPGA.
(e)
Adequate provision shall be made for ingress and egress to the
outside from the detached accessory apartment as required by the State
Building Code.
(f)
Adequate parking shall be arranged on the premises so as not
to disturb abutting properties or be detrimental to the neighborhood.
(g)
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.
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.
[Added 5-1-1995
ATM by Art. 7; amended 5-3-1999 ATM by Art. 10; 5-3-2021 ATM by Art. 10]
(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.
(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:
(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;
[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.
[Amended 5-3-2021 ATM by Art. 10]
[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
(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.
(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:
[Added 6-22-2020 ATM by Art. 10]
(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.
[Amended 5-5-1980
ATM by Art. 19; 5-2-2011 ATM by Art.
21]
A.
The Floodplain
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
District includes all special flood hazard areas within the Town of
Bolton designated as Zones A and AE on the Worcester County Flood
Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management
Agency (FEMA) for the administration of the National Flood Insurance
Program. The map panels of the Worcester County FIRMs that are wholly
or partially within the Town of Bolton are panel numbers 25027C0457E,
25027C0459E, and 25027C0476E, dated July 4, 2011 and 25027C0466F,
25027C0467F, 25027C0478F, 25027C0479F, 25027C483F, 25027C0486F, 25027C0487F,
25027C0488F and 25027C0489F, dated July 16, 2014. The exact boundaries
of the district may be defined by the one-hundred-year base flood
elevations shown on the FIRM and further defined by the Worcester
County Flood Insurance Study (FIS) report dated July 16, 2014. The
FIRM and FIS report are incorporated herein by reference and are on
file with the Town Clerk, Planning Board, Board of Health, Conservation
Commission and Building Inspector.
[Amended 5-5-2014 ATM
by Art. 11]
B.
Development
regulations. The following requirements apply in the Floodplain District:
(1)
Within
Zone A, where the base flood elevation is not provided on the FIRM,
the applicant shall obtain any existing base flood elevation data
and it shall be reviewed by the Building Inspector for its reasonable
utilization toward meeting the elevation of floodproofing requirements,
as appropriate, of the State Building Code.
(2)
In
the floodway designated on the Flood Insurance Rate Map, the following
provision shall apply:
[Amended 5-5-2014 ATM
by Art. 12]
(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 that such encroachment shall not result
in any increase in flood levels during the occurrence of the one-hundred-year
flood.
(b)
Any encroachment meeting the above standard shall comply with the
floodplain requirements of the State Building Code.
(3)
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.
(4)
Base
flood elevation data is required for subdivision proposals or other
developments greater than 50 lots or five acres, whichever is the
lesser, within unnumbered A zones.
(5)
Notification
of watercourse alteration. In a riverine situation, the Building Inspector
shall notify the following of any alteration or relocation of a watercourse:
(6)
Other
use regulations. All subdivision proposals must be designed to assure
that:
C.
Reference
to existing regulations.
(1)
The
Floodplain District is established as an overlay district to all other
districts. All development in the district, including structural and
nonstructural activities, whether permitted by right or by special
permit, must be in compliance with MGL c. 131, § 40,
and with the following:
(a)
The section of the Massachusetts State Building Code which addresses
floodplain and coastal high-hazard areas (currently 780 CMR).
[Amended 5-5-2014 ATM
by Art. 12]
(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).
(2)
Any
variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations.
D.
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.[1]
[1]
Editor's Note: Former Section 2.5.4, Water Resource Protection
District, as amended 5-4-1998 ATM by Arts. 5 and 6, and 11-18-2002
STM by Art. 6, which immediately followed this section, was deleted
5-1-2006 ATM by Art. 13.
[Amended 5-5-1980
ATM by Art. 18]
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:
[Amended 11-15-2004
STM by Art. 15; 5-3-2010 ATM by Art.
24]
(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:
[Amended 5-3-2021 ATM by Art. 10]
(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.
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.
[Amended 5-3-2021 ATM by Art. 10]
E.
Special permits for zoning use.
[Amended 11-15-1982
STM by Art. 23; 11-15-2004 STM by Art.
15]
(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
[Amended 5-2-2011
ATM by Art. 18]
(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.
[Added 5-2-2016 ATM by
Art. 26]
(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.
F.
Site plan approval process.
[Amended 11-15-1982
STM by Art. 22; 1-23-1989 STM by Art.
19; 12-15-1997 STM by Art. 5; 5-3-2010 ATM by Arts. 11, 25 and 26]
(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 Select Board with the advice of 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 Select
Board. When the Select Board receives a site plan for its approval,
it shall deliver a copy to the Planning Board for advice. The Select
Board shall act on the site plan only after the Planning Board has
submitted its advice, or has allowed 30 days to pass without acting.
Where a site plan is required, 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 Select Board and the
Inspector of Buildings shall maintain permanent files of approved
site plans. The Select Board shall either approve or note deficiencies
within 14 days of receipt of Planning Board review or within 14 days
after the Planning Board has failed to act as noted above. Where appropriate,
the Select Board, with advice of 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 and the Select 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 Select 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.
[Added 5-2-2011
ATM by Art. 19]
(k)
Development impact study.
[Added 5-2-2011
ATM by Art. 19]
[1]
To facilitate the site plan approval by the Select 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.
[2]
This analysis shall be reviewed by the Town’s consulting engineer(s)
at the applicant’s expense. The appropriate permitting authority
may waive in part, or in whole the requirement for the DIS. The intent
of the DIS is to enable the town to determine and evaluate those methods
to be used by the applicant to determine the project’s impact
on the town and to promote the environmental health of the community,
and to minimize the environmental degradation of the Town’s
natural resources.
(5)
Where a site plan as submitted requires revision, deficiencies shall be indicated to the applicant clearly in writing and site plan approval shall not be granted until all required changes have been incorporated on a resubmitted plan; any resubmitted plan shall be subject to the procedure outlined in Subsection F(2) above. Site plan approval shall expire if any work thereunder is not begun within 12 months after issuance of the building permit and not diligently carried through to completion.
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 Select 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.
[Added 5-2-2011
ATM by Art. 16; amended 5-3-2021 ATM by Art. 10]
(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]
[Added 5-6-2019 ATM by
Art. 7]
(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.
(16)
Appointment of Design Review Board (DRB).[2]
[Amended 5-7-2012
ATM by Art. 15]
(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.
[Amended 5-3-2021 ATM by Art. 10]
(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.
[Amended 5-3-2021 ATM by Art. 10]
(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.
[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.
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.
[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.
INDEPENDENT TESTING LABORATORY
MARIJUANA CULTIVATOR
MARIJUANA ESTABLISHMENT
MARIJUANA PRODUCT MANUFACTURER
MARIJUANA PRODUCTS
MARIJUANA RETAILER
OTHER TYPE OF LICENSED MARIJUANA-RELATED BUSINESS
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
Definitions.
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.
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 cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business.
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.
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.
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.
A licensed marijuana establishment other than a marijuana
cultivator, independent testing laboratory, marijuana product manufacturer,
or marijuana retailer.
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.
[Added 5-4-1981
STM by Art. 15]
A.
Acting under MGL c. 50, § 15C, the following roads
are designated as scenic roads:
|
Ballville
|
Old Bay
| |
|
Bare Hill
|
Old Harvard
| |
|
Berlin
|
Old Sugar
| |
|
Bolton State Road No. 1
|
Quaker
| |
|
Burnham
|
Randall
| |
|
Century Mill
|
Sampson
| |
|
Corn
|
Sargent
| |
|
East End
|
Sawyer
| |
|
Flanagan
|
South Bolton
| |
|
Forbush Mill
|
Spectacle
| |
|
Frye
|
Sugar
| |
|
Golden Run
|
Teele
| |
|
Green
|
Town Farm
| |
|
Jordan
|
Vaughn Hill
| |
|
Lewis
|
Warner
| |
|
Lively
|
Wattaquadock (from Old Bay to Main)
| |
|
Long Hill
|
West Berlin
| |
|
Manor
|
Wheeler
| |
|
Meadow
|
Whitcomb
| |
|
Moore
|
Wilder
| |
|
Nourse
|
Willow
|
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.
[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.
COLOCATION
COMMUNICATION DEVICE
TOWER
TRANSMISSION EQUIPMENT
WIRELESS COMMUNICATION FACILITY
Definitions.
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]
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.
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.
Radio transceivers, coaxial cable, a regular and backup power
supply, and other associated electronics.
[Added 5-6-2013 ATM by Art. 18]
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.
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]
(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]
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
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):
(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]
(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.
[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.
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]
[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.
AFFORDABLE HOUSING UNIT (AHU)
OFF-SITE
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER
REHABILITATED
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
Definitions.
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.
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.
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).
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.
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.
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).
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).
[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:
(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.
C.
Rules
and regulations. The Planning Board may adopt rules and regulations
relative to this bylaw.
[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.
C.
CUTOFF ANGLE
FIXTURE
FOOTCANDLE
FULL CUTOFF LUMINAIRE
GLARE
LAMP
LIGHT TRESPASS
LUMEN
LUMINAIRE
Definitions.
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.
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.
A unit of illumination. One footcandle is equal to one lumen
per square foot.
A lamp and fixture assembly designed with a cutoff angle
of 90° so that no direct light is emitted above a horizontal plane.
Light emitted from a luminaire with an intensity great enough
to produce annoyance, discomfort, or a reduction in a viewer's
ability to see.
The component of a luminaire that produces the actual light.
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.
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.
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).
[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.
