Town of Mansfield, MA Principal Use Regulations

Except as provided by the Zoning Act,[1] in each district no land, structure or building shall be used except for the purposes permitted in the district as set forth in Article III and the Schedule of Principal Use Regulations unless otherwise specifically permitted in this bylaw. It is the intent of this bylaw to prohibit in any district any use which is not specifically permitted herein and those uses denoted in the Schedule of Principal Use Regulations by the letter "N."

[1]

Editor's Note: See Massachusetts General Laws Ch. 40A.

A use listed in the Schedule of Principal Use Regulations is permitted as of right in any district under which it is denoted by the letter "Y." If denoted by "S1," the use may be permitted by special permit from the Board of Appeals; if denoted by "S," the use may be permitted by special permit of the Planning Board. Where any uses permitted as of right are followed by the letter "Y" in the column "SPA," site plan approval is required in accordance with § 230-5.3, and where the letter "N" appears site plan approval is not required.

See the Schedule of Principal Use Regulations included as Attachment 1 of this chapter.

§ 230-3.2 Classification of extensive uses.

Agriculture: land for primary use of agriculture, horticulture, viticulture and, if upon more than two acres, a commercial farm for the raising of cattle, horses, sheep, goats, poultry or a farm stand for the sale of farm products.

Greenhouse: a commercial greenhouse, sales room or stand for the cultivation and sale of nursery or garden products.

Conservation: land and water resource management, passive recreation and preservation of wildlife.

Recreation:

(1)

A recreation facility owned or operated by a nongovernmental agency, including some or all of the following uses: a golf course, riding stable, playground and play fields, a swimming pool, tennis or basketball court(s). In addition, temporary outdoor recreational events such as festivals or fairground-type events may be permitted.

(2)

A riding stable located upon five or more acres of land is exempt from the provisions of this bylaw. No indoor or outdoor active recreation area or parking for same shall be located any nearer the lot line than the minimum building setback, or landscaping and buffering area setback, whichever is greater.

Recreation, Mansfield nonprofit: a recreation facility/area not run for private gainful business and operated by a nongovernmental agency or organization, whose primary purposes is to provide opportunities to Mansfield residents.

Earth removal: removal in accordance with the provisions of § 230-5.2.

Forestry: cultivating and harvesting of forest products, including, if upon more than five acres, the sale of firewood.

§ 230-3.3 Classification of residential uses.

Single-family dwelling: a detached dwelling unit designed and used exclusively as a single housekeeping unit with common cooking and living facilities. No more than one building for dwelling purposes shall be located upon a lot.

Two-family dwelling: a building containing two dwelling units and designed for two families.

Accessory apartments: a single-family dwelling existing prior to January 1, 1989, may be altered and used for two dwelling units, provided that it meets the requirements § 230-3.9.

Multiple residence: a building containing three or more dwelling units for families, which dwelling units contain kitchen and toilet facilities. Developments of 20 or more multifamily residential dwelling units require a special permit.

[Amended 4-14-2020 ATM by Art. 24]

Rowhouse, townhouse: a building comprising three or more attached dwelling units separated by party walls.

Cluster residential: residential development in accordance with § 230-5.6.

Residential compound: residential development in accordance with § 230-5.7.

Recreational vehicle storage: outdoor parking or storage of not more than one uninhabited recreational vehicle.

Assisted care retirement facilities. a residential facility which provides services exclusively to residents 55 years or older, in a managed residential community. Such a development must include the following:

(1)

The facility shall be located on a lot of not less than 10 acres under one ownership.

(2)

No site shall accommodate more than 250 units or exceed a density of 10 units per acre.

(3)

Each site shall contain at least 35% of the total lot area as permanent open space, which shall not include land devoted to streets or parking areas, but may include land within the minimum setback areas required herein.

(4)

Included within the open space requirement set forth in Subsection I(3) above, the Planning Department shall require the development of outside recreation areas suitable to serve the occupants of the assisted living facility. Such recreation area shall contain at least 100 square feet of lot area for each unit proposed, with a minimum of 6,000 square feet landscaped providing benches, walkways, site lighting and beneficial views, shielded from traffic.

(5)

Public sanitary sewer and public water shall be required.

(6)

All utilities shall be underground.

(7)

All outside utilities and mechanicals shall be fenced and screened from view by suitable shrubbery and/or construction of a closed picket or screen-type fence. All dumpsters are to be located on a concrete pad and enclosed with a privacy fence.

(8)

Buildings shall be residential in appearance and shall be in harmony with the surrounding properties. No wing of a building shall exceed a length of 300 feet; no wall of such building shall exceed 100 feet in length in an unbroken plane without an offset of at least four feet. No building shall exceed 40 feet in height; and the total building footprint coverage shall not exceed 20% of the total lot area.

(9)

No building shall be constructed within 75 feet of any public street and 50 feet of any other property. Suitable buffer plantings shall be provided to assure maximum privacy to the residents and to the occupants of adjoining properties, in accordance with the requirements for landscaping and screening of the Mansfield Zoning Bylaw or any other applicable bylaw.

(10)

Parking for an assisted care retirement facility shall be 1/2 space per unit and one space for every 6,000 square feet of building space for employee and visitor parking.

(11)

Assisted care retirement facility units shall be limited to occupancy by no more than two persons who are 55 years of age or older, and each community shall have common space of not less than 150 square feet for each dwelling unit, which shall consist of dining rooms, kitchen facilities, medical, dental or clinical care rooms, meeting or activity rooms, recreation rooms, and similar uses in support of those living in the facility.

(12)

Any assisted care retirement facility must meet the requirement for an assisted living residence as outlined by the Executive Office of Elder Affairs of the Commonwealth of Massachusetts in MGL c. 19A, § 6, and St. 1994, Chapter 354, Section 10, or Regulation No. 651, CMR 12.00.

(13)

A traffic study shall be submitted to the Planning Board for its review and approval.

Residential facilities for residents 55 years of age or older: a residential facility which provides housing units exclusively for residents 55 years of age or older. Such a facility must include the following:

(1)

The facility shall be located on a parcel, or contiguous parcels, of land which has a total acreage of not less than six acres. In the Residential 1 Zone, the parcel shall be not less than 15 acres.

[Amended 4-11-2017 ATM by Art. 35]

(2)

No site shall accommodate more than 100 units nor exceed a density of 10 units per acre of upland land area.

(3)

Each site shall contain at least 35% of the total area as permanent open space, which shall not include land devoted to streets or parking area, but may include land within the minimum setback areas required herein.

(4)

Deed description: A deed or other recorded instrument shall be filed showing the applicant to be the owner of the land to be designated as a residential facility for persons 55 years of age or older and that the land is in single or consolidated ownership at the time of final plan application.

(5)

Common open space instrument: In order to ensure that the corporation, nonprofit organization or trust will properly maintain the common open space, an instrument(s) shall be recorded at the Bristol North District Registry of Deeds which shall, at a minimum, provide:

(a)

A legal description of the common open space;

(b)

A statement of the purpose for which the common open space is intended to be used and the restriction on its use and alienation;

(c)

The type and name of the corporation, nonprofit organization or trust of each owner of a dwelling in the cluster development and a provision that such ownership or beneficial interest shall be appurtenant to the dwelling to which it relates and may not be conveyed or encumbered separately therefrom;

(d)

Provisions for the number, term of office, and the manner of election to office, removal from office and the filling of vacancies in the office of directors and/or officers of the corporation or nonprofit organization or trustees of the trust;

(e)

Procedures for the conduct of the affairs and business of the corporation, nonprofit organization or trust, including provision for calling and holding of meetings of members and directors and/or officers of the corporation or nonprofit organization or beneficiaries and trustees of the trust and provision for quorum and voting requirements for action to be taken. Each owner of a dwelling shall have voting rights proportional to their ownership or beneficial interest in the corporation, nonprofit organization or trust;

(f)

Provision for management, maintenance, operation, improvement and repair of the common open space and facilities thereon, including provisions for obtaining and maintaining adequate insurance and levying and collecting from the dwelling owners common charges to pay for expenses associated with the common open space, including real estate taxes. It shall be provided that common charges are to be allocated among the dwelling owners in proportion to their ownership or beneficial interests in the corporation, nonprofit organization or trust, and that each owner's share of the common charge shall be a lien against their real estate in the RD, which shall have priority over all other liens with the exception of municipal liens and first mortgages of record.

(6)

All roadways within the facility shall be maintained by the owner or owners of such roadways. Street lighting shall be constructed in accordance with the Mansfield Zoning Bylaw.

(7)

Each dwelling unit shall have a minimum of two parking spaces.

(8)

Public sanitary sewer and public water shall be required.

(9)

All public utilities shall be underground.

(10)

All outside building utilities and mechanical equipment shall be fenced and/or screened from view by suitable design and construction of fencing and/or shrubbery. All dumpsters are to be located on concrete pads and enclosed in privacy fences.

(11)

All buildings shall be residential in appearance, and no building shall contain more than eight units or exceed a length of 340 feet. No wall of any dwelling unit shall exceed 50 feet in an unbroken plane without an offset of at least four feet. No building shall exceed 40 feet in height, and the total building footprint coverage shall not exceed 20% of the total lot area, excluding terraces, decks and garages.

(12)

No building shall be constructed within 50 feet of a public way nor within 40 feet of any other property. Suitable buffer plantings shall be provided to assure maximum privacy to the residents and also to the occupants of adjoining properties, in accordance with the requirements for landscaping of the Mansfield Zoning Bylaw.

(13)

Each housing unit shall be designed and used exclusively as a single housekeeping unit with cooking, living and sanitary facilities; and each housing unit shall contain not more than two sleeping rooms. There shall be no additional boarding or lodging within any housing unit.

(14)

The site may contain accessory buildings or structures for maintenance and recreational facilities incidental to the exclusive use by the residents of the facility.

(15)

In no case shall an accessory building or structure be located between a principal structure and a public way.

(16)

The facility shall comply with the provisions set forth in 42 U.S.C. § 3601 et seq.

(17)

For the purpose of mixed-use development, the provisions of this section of the Zoning Bylaw may be combined with the provisions of § 230-5.10, Planned commercial and industrial development, as it applies to the Business 3 Zone only.

§ 230-3.4 Classification of governmental, institutional and public uses.

Municipal use: use of land, buildings and structures by the Town of Mansfield.

Educational: use of land, buildings and structures for providing learning in a general range of subjects on land owned or leased by the commonwealth or any of its agencies, subdivisions of bodies politic, or by a nonprofit educational entity. Such use may include athletic facilities, dormitories, administrative offices and similar facilities and activities whose purpose is substantially related to furthering learning.

Religious: use of land, buildings and structures for religious purposes by a recognized religious sect or denomination, which may include religious instruction, maintenance of a convent, parish house and similar facilities and activities whose purpose is substantially related to furthering the beliefs of such sect or denomination.

Philanthropic: charitable or nonprofit library, museum, art gallery, theatrical entertainment center or other similar use.

Day-care center: use of land, buildings and structures for a nursery school or similar facility for the day care of children or adults and duly licensed by the Commonwealth of Massachusetts.

Hospital and nursing home: hospital, community health center, sanitarium, nursing, rest or convalescent home.

Community life care center: a campus-type development of multiple facilities and buildings to provide a continuum of residential alternatives for the aged, chronically ill or disabled; with the particular goal of assisting them to better cope with their particular limitations and to lead a productive existence, through the provision of appropriate care, rehabilitation, psychological counseling, and educational programs. Such a development may include any combination of the following, but must include a skilled nursing facility and either an assisted-living facility or an independent-living facility as defined in Subsection G(1), (2) and (3):

(1)

A skilled nursing facility including ancillary support and rehabilitation services, including but not limited to: an adult day care or respite facility to provide short-term custodial care to individuals with special needs; food services; social, psychological, and educational programs; twenty-four-hour supervision; and nursing care as appropriate, all with the purpose of assisting the individual to continue to develop and to overcome the limitations imposed by their condition, and providing the individual's family or other caregiver a respite from the provision of such care;

(2)

A congregate housing or assisted-living facility, providing a sheltered living environment for the aged, chronically ill, or disabled, including such services as housekeeping; cooking and common dining; social, psychological, and educational programs; assistance with personal needs; and crisis intervention, all with the purpose of assisting each resident to continue to develop and to lead a productive and fulfilling life;

(3)

Independent-living facilities providing private living and dining accommodations to persons, 55 years of age or older, also including common areas and the provision of social, psychological, and educational programs and crisis intervention as needed, all with the purpose of providing an environment in which older persons can continue to derive the personal and psychological benefits of independent living while also enjoying the substantial social and educational benefits of community living;

(4)

Home health-care facilities serving as a base for the provision of medical, nutritional, social, psychological and educational services for the aged, chronically ill, or disabled;

(5)

Multipurpose facilities for resident and nonresident senior citizens, which may include social, educational, wellness, counseling, recreational, outreach, and other activities;

(6)

Facilities for the provision of ancillary services to residents of the development, which may include, but are not limited to, a beauty parlor/barber shop, convenience store, ice cream parlor, bank, exercise center, and other such services, provided that such services shall be available only to residents, their guests, and employees and not to members of the general public.

Public service utility: the use of land, buildings and structures by a public service corporation, provided that in the residence districts the use is essential to the service of the residential area in which it is located.

Aviation: activities including and related to the operation of a general aviation airport for the cooperation, fueling, maintenance and storage of aircraft.

Temporary use.

(1)

A use permitted by right in all districts in this bylaw lasting a limited amount of time. For the purposes of this bylaw, a "limited amount of time" shall mean no more than 10 consecutive days and a total of not more than 10 days within any given calendar year. Temporary uses shall be limited to the following: temporary noncommercial fair, festival, auction, or flea market. All temporary uses shall be strictly limited to usual and customary not-for-profit, fraternal, or charitable organizations.

(2)

The Mansfield Select Board may issue a special permit to extend a temporary use beyond 10 days if said use conforms with this section.

(3)

The Select Board, acting as special permit granting authority, may authorize by special permit in accordance with § 230-5.5, Special permits, of the Zoning Bylaw, a temporary use in the I-1 Zoning District to be conducted by a Mansfield nonprofit organization for up to an additional one time per permit 45 consecutive days beyond the 10 consecutive days allowed in this section, provided that the such special permit for additional days may only be granted in conjunction with the grant of an entertainment or festival license by the Select Board members under MGL c. 140. Such a special permit shall be issued only to the Mansfield nonprofit organization conducting the temporary use, is nontransferable, and does not revert to or run with the title of the land upon which such a temporary use is conducted. For the purposes of this subsection, a "Mansfield nonprofit organization" is defined as a not-for-profit, fraternal or charitable organization based in Mansfield and whose primary purpose is to provide cultural, social, educational, religious or recreational opportunities for Mansfield residents.

Medical marijuana treatment center special permit.

[Amended 11-4-2021 STM by Art. 15]

(1)

Purpose:

(a)

To protect the health, safety, convenience and general welfare of the inhabitants of the Town of Mansfield;

(b)

To minimize congestion in the streets and prevent blight;

(c)

To protect and conserve the value of property within the Town;

(d)

To encourage the most appropriate use of land throughout the Town;

(e)

To guide development consistent with the Town's Master Plan; and

(f)

To prevent crime and delinquency of children.

(2)

Definitions.

MEDICAL MARIJUANA TREATMENT CENTER

As defined in § 230-1.5.

(3)

Applicability.

(a)

The Planning Board shall be the special permit granting authority for all medical marijuana treatment center special permit applications.

(b)

The Planning Board may grant a special permit for a medical marijuana treatment center only in the following zoning district: Planned Business District. Medical marijuana treatment centers shall be prohibited in all other zoning districts.

(c)

All medical marijuana treatment center special permit applications shall satisfy the applications, fees, plans, and information requirements identified in § 230-5.5, Special permits, of this Zoning Bylaw. In addition, all medical marijuana treatment center special permit applications shall include proof of license (as defined in 935 CMR 501.002).

(d)

Application for a special permit shall be filed by the petitioner with the Town Clerk and the Planning Board. Notice of public hearing shall be given in accordance with MGL c. 40A, § 11. The public hearing shall be held within 65 days from the date of filing said application. The decision of the Planning Board shall be made within 90 days of the public hearing, and the decision may be extended by written agreement between the petitioner and the Planning Board. A copy of the agreement shall be filed with the Town Clerk.

(4)

Special permit considerations.

(a)

Special permits granted under the provisions of this bylaw are nontransferable. All medical marijuana treatment center special permits may be granted for a term not to exceed two years, which may be automatically renewed. In deciding whether to renew a special permit for a medical marijuana treatment center, the special permit granting authority may consider whether any complaints have been filed with the Town based upon alleged violations of the standards set forth in Subsection K(4)(c) of this bylaw or upon alleged violation of the conditions of the special permit.

(b)

Special permits granted under this section shall lapse within two years unless substantial use of the permit is made or construction has commenced.

(c)

In considering a special permit application, the Planning Board shall take the following into consideration:

[1]

Impact on the health, safety, convenience, general welfare and amenities of the inhabitants of the Town;

[2]

Effects on adjoining premises, neighborhood character and property values;

[3]

Vehicular and pedestrian traffic convenience, safety, and adequacy, including an assessment of movement within the site and in relation to adjacent streets, properties, or improvements;

[4]

Adequacy of municipal facilities and services, including, but not limited to, fire and police protection, water provision, and wastewater disposal;

[5]

Effects on the natural environment.

(d)

No special permit shall be issued for a medical marijuana treatment center use unless the use conforms to the following minimum setback (distance) requirements.* [*All measurements, with the exception of Subsection K(4)(d)[3], are to and from parcel limits (lot lines).]

[1]

Residential zone: 1,000 feet.

[2]

Residential use: 1,000 feet.

[3]

Public/Private schools: 1,200 feet. The buffer zone for schools shall be measured as provided in 935 CMR 501.110(3).

[4]

Day-care center: 1,200 feet.

(e)

No special permit shall be approved until the special permit granting authority has determined that the application and plans meet all the applicable submission and technical requirements of this bylaw and that the benefits of the proposed project outweigh its detrimental effects after consideration of all the criteria of Subsection K(4)(c) of this section and § 230-5.5 of this bylaw.

(f)

No special permit shall be approved until the applicant has provided the special permit granting authority with proof that the proposed medical marijuana treatment center has been issued a license (as defined in 935 CMR 501.002) by the Commonwealth Cannabis Control Commission.

[1]Recreational marijuana cultivation special permit.

[Added 4-10-2018 ATM by Art. 29[2]]

(1)

Purpose.

(a)

Cultivation of recreational marijuana may be allowed by special permit granted by the Planning Board in the Planned Business District Marijuana Cultivation Overlay District, further described as follows and shown on a map titled "Southwest PBD Cultivation Overlay District," dated February 16, 2018.[3] No other type of marijuana establishment may be allowed in the Planned Business District Marijuana Cultivation Overlay District.

[3]

Editor's Note: Said map is included as an attachment to this chapter.

(b)

The purpose of this bylaw is to establish a local process for the locating, permitting and regulation of the use and distribution of marijuana not medically prescribed, in accordance with MGL c. 64N and MGL c. 94G; to protect the health, safety and general welfare of the inhabitants of the Town of Mansfield; and to properly locate the subject use in order that the use has the minimal possible exposure to Mansfield's children and impact on housing values, and to provide a destination location that is least disruptive to Mansfield's residential neighborhoods, schools, commercial areas and downtown business districts.

(c)

In accordance with MGL c. 94G, § 3, Local control, the Town of Mansfield, having one medical marijuana facility, hereby limits the number of recreational marijuana cultivators to one establishment.

(2)

Definitions.

CANOPY

That aboveground portion of the marijuana plant that forms the uppermost layer, or crown, of the plant.

CONSUMER

A person who is at least 21 years of age.

MARIJUANA

MARIJUANA CULTIVATOR

A marijuana cultivator may cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.

(a)

Tier 1: up to 1,000 square feet of canopy;

(b)

Tier 2: 1,001 to 5,000 square feet of canopy;

(c)

Tier 3: 5,001 to 10,000 square feet of canopy;

(d)

Tier 4: 10,001 and over square feet of canopy.

MARIJUANA ESTABLISHMENT

A marijuana cultivator, marijuana testing facility, marijuana product manufacturer or any other type of licensed marijuana-related growing, process or concentrating facility. For the purposes of this bylaw, marijuana establishments are strictly prohibited.

MARIJUANA PRODUCTS

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

MARIJUANA RETAILER

An entity licensed to purchase and deliver marijuana and marijuana products to deliver, sell or otherwise transfer marijuana to consumers. A marijuana retailer may only be allowed by special permit.

(3)

Applicability.

(a)

All marijuana cultivator operations shall be prohibited in Mansfield except such operations as may be allowed by special permit in the Southwest PBD Cultivation Overlay District. Such prohibition shall not be construed to prohibit transportation of marijuana or marijuana products as may be allowed by law, subject to any bylaw, special permit or permit requirement.

(b)

The Planning Board shall be the special permit granting authority for all recreational marijuana cultivation applications.

(c)

The special permit granting authority may only grant a special permit for a recreational marijuana cultivation application within the Planned Business District Marijuana Cultivation Overlay District.

(d)

In no case shall the number of recreational marijuana cultivators exceed the number of licensed medical marijuana dispensaries within the Town of Mansfield.

(e)

All recreational marijuana cultivator special permit applications shall provide all applications, fees, plans, and information identified in § 230-5.5, Special permits, of this Zoning Bylaw.

(f)

Application for a special permit shall be filed by the petitioner with the Town Clerk and the special permit granting authority. Notice of public hearing shall be given in accordance with MGL c. 40A, § 11. Public hearing shall be held within 65 days from the date of filing said application. The decision of the special permit granting authority shall be made within 90 days of the public hearing, and decision may be extended by written agreement between the petitioner and the special permit granting authority. A copy of the agreement shall be filed with the Town Clerk.

(4)

Special permit consideration.

(a)

No special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63 or MGL c. 272, § 28. Special permits granted under the provisions of this bylaw are nontransferable. All recreational marijuana cultivator special permits may be granted for a term not to exceed five years, which may be renewed, unless complaints are filed based upon violations of the standards set forth in this section. In the event of complaints, the special permit granting authority shall hold a public hearing to hear said complaints before considering renewal of the special permit.

(b)

Special permits granted under this section shall lapse within three years if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.

(c)

In considering a special permit application, the special permit granting authority shall take the following into consideration:

[1]

Impact on the health, safety, convenience, general welfare and amenities of the inhabitants of the Town;

[2]

Effects on adjoining premises, neighborhood character, social structure, and community values and standards;

[3]

Vehicular and pedestrian traffic convenience, safety, and adequacy, including an assessment of movement within the site and in relation to adjacent streets, properties, or improvements;

[4]

Adequacy of municipal facilities and services, including but not limited to, fire and police protection, water provision, and wastewater disposal;

[5]

Effects on the natural environment; and

[6]

Fiscal impacts, including effect on the tax and employment base, municipal finances, and property values.

(d)

In addition, the special permit granting authority shall take the following into consideration:

[1]

The premises have been designed to be compatible with other buildings in the area and to mitigate any adverse visual or design impacts that might result from required security measures and restrictions on visibility into the building's interior;

[2]

The premises provides a secure indoor waiting area for individuals and clients;

[3]

Traffic generated by client trips, employee trips, deliveries to and from the premises, and parking and queuing especially during peak periods, shall not create a substantial adverse impact on nearby residential uses.

[4]

No special permit shall be issued for a recreational marijuana cultivator use unless the use(s) conforms to the following minimum setback (distance) requirements.

Use	Minimum Setback¹ (feet)
Public/private schools	500
Day-care center	500

NOTE:
¹	All measurements are to and from parcel limits (lot lines).

[5]

No special permit shall be approved until the special permit granting authority has determined that the application and plans meet all the submission and technical requirements of this bylaw and that the benefits of the proposed project outweigh its detrimental effects after consideration of all the criteria of § 230-5.5, Special permits, and this section, Planned Business District Marijuana Cultivation Overlay District, of this bylaw.

(5)

Application process.

(a)

The application process for a special permit for a recreational marijuana cultivator within the Planned Business District Marijuana Cultivation Overlay District shall comply with all the requirements of § 230-5.5, Special permits.

(b)

Each application shall demonstrate a safe, secure structure and parking area in a nonintrusive manner, in the opinion of the special permit granting authority.

(c)

All special permit public hearings shall be conducted in accordance with MGL c. 40A.

(d)

Before submitting the application for a recreational marijuana cultivator, the applicant shall schedule an appointment to meet with staff to discuss the procedure for approval of a special permit for the project, including submittal requirements and site standards. At the conclusion of the meeting(s), staff will prepare summary notes/minutes of the meetings for distribution.

(6)

Design standards.

(a)

All landscaping and screening and exterior lighting shall conform to § 230-4.3 of the Mansfield Zoning Bylaw.

(b)

All parking shall conform to § 230-4.4 of the Mansfield Zoning Bylaw.

(c)

Signage.

[1]

One three-foot-by-five-foot wall sign containing the name of the establishment may be permitted on the exterior wall above the public entrance.

[2]

The following types of signage are strictly prohibited:

[a]

Internally illuminated signage.

[b]

Off-site signage.

[c]

Outdoor advertising signs.

[d]

A-frame or sandwich board style signs.

[e]

Simulated product.

(d)

Context map. A map depicting all lots and land uses within a 500-foot radius of the premises.

(7)

Special permit conditions. The Planning Board shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety, air quality, and preserve the character of the surrounding area and otherwise serve the purpose of this section. In addition to any specific conditions applicable in the applicant's recreational marijuana cultivator, the Planning Board shall include the following conditions in any special permit under this section:

(a)

The permit holder shall provide to the Building Inspector, Police and Fire Departments and the Board of Health the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.

(b)

The designated contact person(s) shall notify in writing the Police and Fire Departments, Building Inspector, Board of Health and the Planning Board within a minimum of 12 hours following a violation, potential violation, or any attempts to violate any applicable law, or any criminal, potential criminal, or attempted criminal activities as a recreational marijuana cultivator under this section.

(c)

The special permit shall lapse within five years of its issuance. If the permit holder wishes to renew the special permit, an application to renew the special permit must be submitted at least 120 days prior to the expiration of the special permit.

(d)

The design of the building, facade and signage shall be constructed exactly as approved by the Planning Board. Any deviations from the approved plan shall be approved by the Planning Board or the special permit shall be void.

(e)

The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the marijuana establishment.

(f)

Any marijuana establishment that the Planning Board determines has become a public nuisance due to odor or continuous or excessive queuing outside the establishment may be found in violation of the special permit.

(8)

Prohibited uses.

(a)

No person shall use or consume, or attempt to use or consume any marijuana product as defined herein, in or upon any public place or place to which the public has a right of access as invitees or licensees, including, but not limited to all public ways, roads, sidewalks, parking lots, parks and commons, Town-owned open space or land owned by or managed by the Conservation Commission, cemeteries, municipal buildings and the grounds appurtenant thereto, and schools and the grounds and athletic fields appurtenant thereto and which shall include any motor vehicle or bicycle when parked or moving upon any of the aforementioned places or locations. A violation of this bylaw shall be deemed a breach of the peace.

(b)

No consumption of purchased product may occur on site or within a vehicle parked on site.

(c)

Outdoor marketing events, outdoor promotions or outdoor gatherings or displays are strictly prohibited.

(9)

Defrayment of local cost incurred. The special permit granting authority may also establish a written agreement between each recreational marijuana cultivator and the Town of Mansfield that requires payment from the recreational marijuana cultivator for all costs directly and indirectly proportioned and reasonably related to the costs imposed on the Town of Mansfield as a result of the recreational marijuana cultivator conducting business in Mansfield and its impacts on police, fire, health, public education and community values. The Town of Mansfield should document its costs related to the operation of a recreational marijuana cultivator; these documented costs shall be considered a public record.

(10)

Severability; conflict with other laws.

(a)

To the extent a conflict exists between this bylaw and other bylaws of the Town of Mansfield, the more restrictive provisions shall apply.

(b)

If a court of competent jurisdiction holds any provision of this bylaw invalid, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections, or part of any section or sections, of this bylaw shall not affect the validity of the remaining sections or parts of sections or any other bylaws of the Town of Mansfield.

[1]

Editor's Note: Former Subsection L, Recreational marijuana, temporary moratorium, added 4-11-2017 ATM by Art. 28, as amended, was removed as the Town has adopted provisions on the cultivation and sale of recreational marijuana.

[2]

Editor's Note: This article was approved at a special election held 10-16-2018.

Recreational marijuana retailer special permit.

[Added 4-10-2018 ATM by Art. 30[4]]

(1)

Purpose.

(a)

Retail sale of recreational marijuana may be allowed by special permit granted by the Planning Board in the Route 140 Industrial 1 Retail Recreational Marijuana Overlay District, further described as follows and shown on a map titled "Rt. 140 I1 Retail Marijuana Overlay District," dated February 28, 2018.[5] No other type of marijuana establishment may by allowed in the Route 140 Industrial 1 Retail Recreational Marijuana Overlay District.

[5]

Editor's Note: Said map is included as an attachment to this chapter.

(b)

(c)

In accordance with MGL c. 94G, § 3, Local control, the Town of Mansfield, having one medical marijuana facility, hereby limits the number of recreational marijuana retailers to one retail establishment.

(2)

Definitions.

CANOPY

That aboveground portion of the marijuana plant that forms the uppermost layer, or crown, of the plant.

CONSUMER

A person who is at least 21 years of age.

MARIJUANA

MARIJUANA CULTIVATOR

(a)

Tier 1: up to 1,000 square feet of canopy;

(b)

Tier 2: 1,001 to 5,000 square feet of canopy;

(c)

Tier 3: 5,001 to 10,000 square feet of canopy;

(d)

Tier 4: 10,001 and over square feet of canopy.

MARIJUANA ESTABLISHMENT

MARIJUANA PRODUCTS

MARIJUANA RETAILER

An entity licensed to purchase and deliver marijuana and marijuana products to deliver, sell or otherwise transfer marijuana to consumers. A marijuana retailer may only be allowed by special permit.

(3)

Applicability.

(a)

All marijuana retail operations shall be prohibited in Mansfield except such operations as may be allowed by special permit in the Route 140 Industrial 1 Retail Recreational Marijuana Overlay District. Such prohibition shall not be construed to prohibit transportation of marijuana or marijuana products as may be allowed by law, subject to any bylaw, special permit or permit requirement.

(b)

The Planning Board shall be the special permit granting authority for all recreational marijuana retailer applications.

(c)

The special permit granting authority may only grant a special permit for a recreational marijuana retailer application within the Route 140 Industrial 1 Retail Recreational Marijuana Overlay District.

(d)

In no case shall the number of recreational marijuana retailers exceed the number of licensed medical marijuana dispensaries within the Town of Mansfield.

(e)

All recreational marijuana retailer special permit applications shall provide all applications, fees, plans, and information identified in § 230-5.5, Special permits, of this Zoning Bylaw.

(f)

(4)

Special permit consideration.

(a)

No special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63 or MGL c. 272, § 28. Special permits granted under the provisions of this bylaw are nontransferable. All recreational marijuana retailer special permits may be granted for a term not to exceed five years, which may be renewed, unless complaints are filed based upon violations of the standards set forth in this section. In the event of complaints, the special permit granting authority shall hold a public hearing to hear said complaints before considering renewal of the special permit.

(b)

(c)

In considering a special permit application, the special permit granting authority shall take the following into consideration:

[1]

Impact on the health, safety, convenience, general welfare and amenities of the inhabitants of the Town;

[2]

Effects on adjoining premises, neighborhood character, social structure, and community values and standards;

[3]

Vehicular and pedestrian traffic convenience, safety, and adequacy, including an assessment of movement within the site and in relation to adjacent streets, properties, or improvements;

[4]

Adequacy of municipal facilities and services, including but not limited to, fire and police protection, water provision, and wastewater disposal;

[5]

Effects on the natural environment; and

[6]

Fiscal impacts, including effect on the tax and employment base, municipal finances, and property values.

(d)

In addition, the special permit granting authority shall take the following into consideration:

[1]

[2]

The premises provides a secure indoor waiting area for individuals and clients;

[3]

[4]

No special permit shall be issued for a recreational marijuana retailer use unless the use(s) conforms to the following minimum setback (distance) requirements:

Use	Minimum Setback¹ (feet)
Public/private schools	500
Day-care center	500

NOTE:
¹	All measurements are to and from parcel limits (lot lines).

[5]

No special permit shall be approved until the special permit granting authority has determined that the application and plans meet all the submission and technical requirements of this bylaw and that the benefits of the proposed project outweigh its detrimental effects after consideration of all the criteria of § 230-5.5, Special permits, and this section, Route 140 Industrial 1 Retail Recreational Marijuana Overlay District, of this bylaw.

(5)

Application process.

(a)

The application process for a special permit for a recreational marijuana retailer within the Route 140 Industrial 1 Retail Recreational Marijuana Overlay District shall comply with all the requirements of § 230-5.5, Special permits.

(b)

Each application shall demonstrate a safe, secure structure and parking area in a nonintrusive manner, in the opinion of the special permit granting authority.

(c)

All special permit public hearings shall be conducted in accordance with MGL c. 40A.

(d)

Before submitting the application for a recreational marijuana retailer, the applicant shall schedule an appointment to meet with staff to discuss the procedure for approval of a special permit for the project, including submittal requirements and site standards. At the conclusion of the meeting(s), staff will prepare summary notes/minutes of the meetings for distribution.

(6)

Design standards.

(a)

All landscaping and screening and exterior lighting shall conform to § 230-4.3 of the Mansfield Zoning Bylaw.

(b)

All parking shall conform to § 230-4.4 of the Mansfield Zoning Bylaw.

(c)

Signage.

[1]

One three-foot-by-five-foot wall sign containing the name of the establishment may be permitted on the exterior wall above the public entrance.

[2]

The following types of signage are strictly prohibited:

[a]

Internally illuminated signage.

[b]

Off-site signage.

[c]

Outdoor advertising signs.

[d]

A-frame or sandwich board style signs.

[e]

Simulated product.

(d)

Context map: a map depicting all lots and land uses within a 500-foot radius of the premises.

(7)

Special permit conditions. The Planning Board shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety, air quality, and preserve the character of the surrounding area and otherwise serve the purpose of this section. In addition to any specific conditions applicable in the applicant's recreational marijuana retailer, the Planning Board shall include the following conditions in any special permit under this section:

(a)

(b)

The designated contact person(s) shall notify in writing the Police and Fire Departments, Building Inspector, Board of Health and the Planning Board within a minimum 12 hours following a violation, potential violation, or any attempts to violate any applicable law, or any criminal, potential criminal, or attempted criminal activities as a recreational marijuana retailer under this section.

(c)

(d)

(e)

The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the marijuana establishment.

Prohibited uses.

No consumption of purchased product may occur on site or within a vehicle parked on site.

(c)

Outdoor marketing events, outdoor promotions or outdoor gatherings or displays are strictly prohibited.

(9)

Defrayment of local cost incurred. The special permit granting authority may also establish a written agreement between each recreational marijuana retailer and the Town of Mansfield that requires payment from the recreational marijuana retailer for all costs directly and indirectly proportioned and reasonably related to the costs imposed on the Town of Mansfield as a result of the recreational marijuana retailer conducting business in Mansfield and its impacts on police, fire, health, public education and community values. The Town of Mansfield should document its costs related to the operation of a recreational marijuana retailer; these documented costs shall be considered a public record.

(10)

Severability; conflict with other laws.

(a)

To the extent a conflict exists between this bylaw and other bylaws of the Town of Mansfield, the more restrictive provisions shall apply.

(b)

[4]

Editor's Note: This article was approved at a special election held 10-16-2018.

Recreational marijuana manufacturing, independent laboratory testing or research special permit.

[Added 4-9-2019 ATM by Art. 38[6]]

(1)

Purpose.

(a)

The manufacturing independent laboratory testing or research of recreational marijuana may be allowed by special permit granted by the Planning Board in the I-2 Zoning District as shown on the existing Town of Mansfield Zoning Map printed July 24, 2018.[7]

[7]

Editor's Note: Said Map is included as an attachment to this chapter.

(b)

The purpose of this bylaw is to establish a local process for the locating, permitting and regulation of marijuana manufacturing, independent laboratory testing or research for marijuana in accordance with MGL c. 64N and MGL c. 94G; to protect the health, safety and general welfare of the inhabitants of the Town of Mansfield; and to properly locate the subject uses in order that the uses have the minimal possible exposure to Mansfield's children and impact on housing values, and to provide a destination location that is consistent with other allowed activities in the I-2 Zoning District.

(2)

Definitions.

HOST COMMUNITY

A municipality in which a marijuana establishment is located or in which an applicant has proposed locating an establishment.

INDEPENDENT TESTING LABORATORY

A laboratory that is licensed by the commission and is:

(a)

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 commission;

(b)

Independent financially from any medical marijuana treatment center or licensee or marijuana establishment for which it conducts a test; and

(c)

Qualified to test marijuana in compliance with regulations promulgated by the commission pursuant to MGL c. 94G.

MANUFACTURE

To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.

MARIJUANA

All parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in MGL c. 94C, § 1, provided that "Marijuana shall not include: (i) The mature stalk of the plant, fiber produced from the stalks, oil, or cake make from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; (ii) hemp; or (iii) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products."

MARIJUANA ESTABLISHMENT

A marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer, independent testing laboratory, marijuana research facility, marijuana transporter, or any other type of licensed marijuana-related business, except a medical marijuana treatment center.

MARIJUANA PRODUCT MANUFACTURER

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

MARIJUANA PRODUCTS

MARIJUANA RESEARCH FACILITY

An academic institution, nonprofit corporation or domestic corporation or entity authorized to do business in the Commonwealth of Massachusetts. A marijuana research facility may cultivate, purchase or otherwise acquire marijuana for the purpose of conducting research regarding marijuana and marijuana products. Any research involving humans must be authorized by an institutional review board. A marijuana research facility may not sell marijuana it has cultivated.

MARIJUANA TESTING FACILITY

An entity licensed to test marijuana products, including certification for potency and the presence of contaminants.

(3)

Applicability.

(a)

Marijuana manufacturing, independent laboratory testing or research shall be permitted by special permit in the I-2 Zoning District.

(b)

The Planning Board shall be the special permit granting authority for all marijuana manufacturing independent laboratory testing or research.

(c)

A special permit application may be made for one or more of the three uses:

[1]

Manufacturing.

[2]

Independent laboratory testing.

[3]

Research.

(d)

The special permit granting authority may only grant a special permit for a use permitted by the bylaw if such use is proposed to be carried out completely within the confines of a building on a lot that has a minimum size of four acres.

(e)

All marijuana manufacturing, independent laboratory testing or research special permit applications shall provide all applications, fees, plans, and information identified in § 230-5.5, Special permits, of this zoning bylaw.

(f)

Application for a special permit shall be filed by the petitioner with the Town Clerk and the special permit granting authority. Notice of public hearing shall be given in accordance with MGL c. 40A, § 11. Public hearing shall be held within 65 days from the date of filing said application. The decision of the special permit granting authority shall be made within 90 days of the public hearing and decision may be extended by written agreement between the petitioner and the special permit granting authority. A copy of the agreement shall be filed with the Town Clerk.

(4)

Special permit consideration.

(a)

No special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28. Special permits granted under the provisions of this bylaw are nontransferable. All recreational marijuana special permits may be granted under this bylaw for a term not to exceed five years, which may be renewed, unless complaints are filed based upon violations of the standards set forth in this section. In the event of complaints, the special permit granting authority shall hold a public hearing to hear said complaints before considering renewal of the special permit.

(b)

(c)

In considering a special permit application, the special permit granting authority shall take the following into consideration:

[1]

Impact on the health, safety, convenience, general welfare and amenities of the inhabitants of the Town;

[2]

Effects on adjoining premises, neighborhood character, social structure, and community values and standards;

[3]

Vehicular and pedestrian traffic convenience, safety, and adequacy, including an assessment of movement within the site and in relation to adjacent streets, properties, or improvements;

[4]

Adequacy of municipal facilities and services, including, but not limited to, fire and police protection, water provision, and wastewater disposal;

[5]

Effects on the natural environment; and

[6]

Fiscal impacts, including effect on the tax and employment base, municipal finances, and property values.

(d)

In addition, the special permit granting authority shall take the following into consideration:

[1]

The premises provide adequate security for the marijuana products that are used in the operation for which the special permit is sought.

[2]

Traffic generated by the operation shall be that which is normal and customary for other business operations in the I-2 Zoning District.

[3]

Minimum setbacks.

[a]

No special permit shall be issued for a marijuana manufacturing, independent laboratory testing or research use unless the use(s) conforms to the following minimum setback (distance) requirements.

Use	Minimum Setback (feet)
Public/private schools	500
Day-care center	500

[b]

Such distances shall be measured building to building.

(5)

Application process.

(a)

The application process for a special permit for a marijuana manufacturing, independent laboratory testing or research facility shall comply with all the requirements of § 230-5.5, Special permits.

(b)

Each application shall demonstrate a safe, secure structure and parking area in a nonintrusive manner, in the opinion of the special permit granting authority.

(c)

All special permit public hearings shall be conducted in accordance with MGL c. 40A.

(d)

Before submitting the application for a marijuana manufacturing independent laboratory testing or research special permit, the applicant shall schedule an appointment to meet with staff to discuss the procedure for approval of a special permit for the project, including submittal requirements and site standards. At the conclusion of the meeting(s), staff will prepare summary notes/minutes of the meetings for distribution.

(6)

Design standards.

(a)

All landscaping and screening and exterior lighting shall conform to § 230-4.3 of the Mansfield Zoning Bylaw.

(b)

All parking shall conform to § 230-4.4 of the Mansfield Zoning Bylaw.

(c)

Signage.

[1]

One three-foot-by-five-foot wall sign containing the name of the establishment may be permitted on the exterior wall above the public entrance.

[2]

The following types of signage are strictly prohibited:

[a]

Internally illuminated signage;

[b]

Off-site signage;

[c]

Outdoor advertising signs;

[d]

A-frame or sandwich-board-style signs;

[e]

Simulated product;

(d)

Context map. A map depicting all lots and land uses within a 500-foot radius of the building that is intended to be used as the building that contains the operation proposed for the special permit.

(7)

Special permit conditions. The Planning Board shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety, air quality, and preserve the character of the surrounding area and otherwise serve the purpose of this section. In addition to any specific conditions applicable in the applicant's marijuana manufacturing, independent laboratory testing or research application, the Planning Board shall include the following conditions in any special permit under this section:

(a)

(b)

The designated contact person(s) shall notify, in writing, the Police and Fire Departments, Building Inspector, Board of Health and the Planning Board within a minimum 12 hours following a violation, potential violation, or any attempts to violate any applicable law, or any criminal, potential criminal, or attempted criminal activities as a marijuana manufacturing, independent laboratory testing or research facility under this section.

(c)

(d)

The design of any new building, facade or signage shall be constructed exactly as approved by the Planning Board. Any deviations from the approved plan shall be approved by the Planning Board or the special permit shall be void.

(e)

The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the marijuana manufacturing, independent laboratory testing or research operation.

(8)

Prohibited uses.

(a)

No person shall use or consume, or attempt to use or consume, any marijuana product, as defined herein, in or upon any public place or place to which the public has a right of access as invitees or licensees, including, but not limited to, all public ways, roads, sidewalks, parking lots, parks and commons, Town-owned open space or land owned by or managed by the Conservation Commission, cemeteries, municipal buildings and the grounds appurtenant thereto, and schools and the grounds and athletic fields appurtenant thereto and which shall include any motor vehicle or bicycle when parked or moving upon any of the aforementioned places or locations. A violation of this bylaw shall be deemed a breach of the peace.

(b)

No consumption of purchased product may occur on site or within a vehicle parked on site.

(c)

Outdoor marketing events, outdoor promotions or outdoor gathering or displays are strictly prohibited.

(9)

Host community agreement. Pursuant to MGL c. 94G, § 3(d), a marijuana manufacturing, independent laboratory testing or research facility seeking to conduct business in Mansfield shall execute an agreement with the Town of Mansfield that may include a community impact fee; provided, however, that the community impact fee shall be reasonably related to the costs imposed by the Town by the operation of the marijuana manufacturing, independent laboratory testing or research facility and shall not amount to more than 3% of the gross sales of the marijuana manufacturing, independent laboratory testing or research facility or be effective for longer than five years. Any cost to the Town of Mansfield imposed by the operation of a marijuana manufacturing, independent laboratory testing or research facility shall be documented and considered a public record as defined by Massachusetts law.

(10)

Severability; conflict with other laws.

(a)

To the extent a conflict exists between this bylaw and other bylaws of the Town of Mansfield, the more restrictive provisions shall apply.

(b)

[6]

Editor's Note: This subsection was adopted as Subsection M, but was redesignated as Subsection N as this § 230-3.4 already contained a Subsection M.

§ 230-3.5 Classification of business uses.

Retail store: store(s) for the display and sale of merchandise within a building, including, but not limited to: grocery, deli, bakery and package stores, drugstore, book, stationery and gift shop, antique shop, florist, pet shop, television and radio sales, hardware store, department and furniture stores, seasonal farmer's market or garden center with open-air sales, and all other retail stores, except adult bookstores, which shall be allowed by special permit only. Specifically excluded from this definition and use are all resident-only service uses, as well as tenant rental storage space.

[Amended 4-14-2020 ATM by Art. 23]

Mall: an enclosed retail shopping facility containing store(s) for the display and sale of merchandise within a building containing a total aggregate floor area of more than 100,000 square feet.

Office: office of a business, profession, medical office, and outpatient clinic, including laboratories incidental thereto and all other office uses.

Bank: bank, loan agency or similar financial facility.

Restaurant: establishment where the principal service is the sale of food and beverage to be consumed at tables within the building and the incidental sale of food to take out.

Fast-food restaurant: an establishment whose principal business is the sale of preprepared or rapidly prepared food directly to the customer in a ready-to-consume state for the consumption within the restaurant building, in an on-premises patio, in automobiles in an on-premises parking lot, or consumed off premises and usually requires ordering food at a counter, but may include drive-up window service.

Hotel/motel: a building or portion thereof used for the temporary occupancy of individuals who are lodged with or without meals and in which provision for cooking is made predominately in a central kitchen and not in the individual rooms or suites. Said use may incorporate small shops and restaurants.

Lodge and club: private lodge or club operated for members or employees.

Funeral home: undertaking or funeral establishment.

Veterinary clinic and/or hospital: any establishment maintained and operated by a Massachusetts licensed veterinarian for routine care, surgery, diagnosis and treatment of diseases and injuries of animals.

Kennel: any premises wherein any person engages in the business of boarding, buying, letting for hire, training for a fee, or selling dogs.

Personal service shop: barber or beauty shop, tailor or dressmaking shop, laundry or dry-cleaning shop, copy/blueprint shop, private postal center.

Craft shop and building trade: shop or studio of an artist, sculptor or craftsperson, repair shop for appliances, office equipment, bicycles, lawn mowers or similar equipment, printer, carpenter and shop of a builder, electrician, mason, plumber or similar occupation.

Commercial and trade school: private educational facility for profit, including training centers, business schools, centers for dancing, martial arts and music or other similar educational facilities for profit.

Amusement facility: indoor facilities, including theater, cinema, bowling alley and skating rink, with the exception of adult motion-picture theaters, which are allowed by special permit only.

Auto service station: open-air sale of motor vehicle fuel, related products and services, provided that all maintenance and services, other than minor service and repair, shall be conducted entirely within a building.

Auto repair and body shop: establishment where the principal service is the repair and painting of motor vehicles.

Car wash: establishment for washing, waxing or cleaning of automobiles or similar light motor vehicles.

Vehicular dealership: sales rooms and related dealership facilities for automobiles, trucks, boats, motorcycles, farm implements, light industrial equipment or open-air display(s) for new and used vehicles.

Parking facility: commercial parking lot or parking garage.

Parking structure: a multistory accessory structure that is subordinate to the primary use on site and that is used to park motor vehicles belonging to employees, customers and visitors. Parking structures in the PBD shall not be allowed as a primary use nor as a commercial use. Parking structures shall not be counted toward FAR.

Home occupation: any use which is conducted solely by the inhabitants of the building and carried on strictly within the principal building. The occupation shall be situated in the same dwelling used by the person as their private residence. Any such home occupation shall not be detrimental or objectionable to the residential character of the neighborhood, including but not limited to the altering of the exterior appearance of said building, increasing vehicular traffic, cause the emission of odor, gas or smoke, cause glaring or unshaded lights, excessive dust, noise, or cause electrical disturbances, including interference with the reception of television transmissions. An accepted off-street parking plan shall be provided where additional vehicles will be attributed to the home occupation.

Motor vehicle salvage: cast off, or discarded vehicles or vehicular parts which have been collected or stored for salvaging or conversion to some use.

Research and development: A use or facility for scientific study that may include laboratory and manufacturing uses to support research efforts and manufacturing processes.

Biotechnology facility: a use or facility for the application of scientific study of biological and life processes for medical instruction and commercial purposes.

Drive-up window: a commercial facility where a customer may drive a motor vehicle onto the premises and to a window or a mechanical device through or by which the customer is provided service without exiting the vehicle. This shall not include the sale of fuel at a gas filling station or the accessory functions of a car wash facility, such as vacuum cleaning stations.

§ 230-3.6 Classification of industrial uses.

Warehouse: warehouse or other building for the storage or wholesale marketing of materials, merchandise, products or equipment, including a rail or freight transfer depot, where the principal use of the warehouse facility is sorting material, merchandise, products or equipment for reshipment.

Bulk material storage and sales: contractor's yard, fuel oil/heating service facility, lumber yard, self- and mini storage facility, recreational vehicle center or similar establishment for open and enclosed distribution or sale at wholesale and retail of material, merchandise, products or equipment, provided that all smoke, odor, particulate matter, toxic matter, fire or explosive hazard, glare, noise and vibration shall be effectively confined to the premises or disposed of in a manner so as not to pose a present or potential hazard to human health, safety, welfare or the environment.

Light manufacturing: research or testing laboratory; printing or publishing plant; light manufacturing of building systems and components; welding shops; fabrication and assembly of electronic components, precision instruments, or other high technology products; and manufacture of paper products, light metal products, hardware and office supplies; provided that all smoke, odor, particulate matter, toxic matter, fire or explosive hazard, glare, noise and vibration shall be effectively confined to the premises or disposed of in a manner so as not to pose a present or potential hazard to human health, safety, welfare or the environment.

General manufacturing: bottling works; laundry or dry-cleaning plant; assembly and packaging of food and dairy products; indoor breeding laboratory for medical or scientific research; monument works; concrete mixing and block plants; manufacturing of textile products; or similar general manufacturing plants and facilities; provided that all smoke, odor, particulate matter, toxic matter, fire or explosive hazard, glare, noise and vibration shall be effectively confined to the premises or disposed of in a manner so as not to pose a present or potential hazard to human health, safety, welfare or the environment.

Regulated refuse incinerator: See definitions of "refuse" and "regulated refuse incinerator" in § 230-1.5.

Nonregulated refuse incinerator: See definitions of "refuse" and "regulated refuse incinerator" in § 230-1.5.

Wireless communication towers.

(1)

Purpose.

(a)

The purpose of these regulations include: minimizing adverse impacts of wireless communication towers and antennas on adjacent properties and residential neighborhoods; minimizing the overall number and height of such facilities to only what is essential, and promoting shared use of existing facilities to reduce the need for new facilities. This subsection does not apply to satellite dishes and antennas for residential use.

(b)

For the purposes of this bylaw, a "wireless communication facility" shall mean a facility for the provision of wireless telecommunication services regulated by the Federal Communications Commission (FCC) and described as "personal wireless services" as defined in the Federal Telecommunications Act of 1996 as amended, and may be an internally or externally mounted repeater, antenna or array; or may be a freestanding monopole for the provision of cellular telephone services, personal communication services, paging services, and specialized mobile radio, including wireless intended solely for the transmission of data or internet.

(2)

General requirements. No wireless communications facility, which shall include monopoles, shall be erected or installed except in compliance with the provisions of this subsection. In all cases, a special permit is required from the Planning Board (the "Board"). Section 230-5.5, Special permits, of this bylaw shall apply to these applications. Any proposed extension in the height, addition of cells, antennas or panels, or construction of a new or replacement of a facility shall be subject to a new application for a special permit.

(a)

Notwithstanding the foregoing or any provision to the contrary in this section, exterior wireless communication antennas (including panels) may be mounted on or attached to existing nonresidential structures, including, but not limited to, water towers, buildings, church steeples, by right in the Reservoir District, Planned Business District, and Industrial 1 District and by special permit in the Industrial 2 and Industrial 3 Districts, provided that they are properly screened and conform to Subsection G(4), Design guidelines, and provided that the wireless communication antenna, including panels and supports, is:

[1]

Finished in a manner designed to be aesthetically consistent with the exterior of the building or structure; and

[2]

Affixed to said building or structure in a manner that does not:

[a]

Obscure any window or exterior architectural feature;

[b]

Extend above the highest point of the structure by more than 12 feet in height; and

[3]

The surface area, individually or in the aggregate, of the antennas or panels facing streets or adjacent properties does not exceed 50 square feet.

(b)

Interior mounted wireless communication facilities are allowed by right in all Industrial, Business, Planned Business Districts, and the Reservoir District if such facility and all equipment is located entirely within an existing building or structure and entirely concealed from view from the exterior of the building or structure; provided, however, all equipment is located entirely within an existing building or structure and entirely concealed from view from the exterior of the building or structure.

(c)

Only freestanding monopoles, with associated antennas and/or panels (freestanding wireless communication facilities), are allowed as specified in Subsection G(4) below. Lattice-style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed.

(d)

Wireless communications facilities shall be located in the Reservoir District, Planned Business District, and the Industrial 1 Zoning District and shall be suitably screened from abutters and residential neighborhoods.

(e)

Where approval involves a freestanding monopole owned or controlled by the applicant, approval of radio-link equipment shall be conditioned upon the agreement of the applicant to reasonably cooperate with other wireless communications services providers in permitting collocation of antennas on such structure on commercially reasonable terms, unless:

[1]

There are structural or other limitations which make it unfeasible to accommodate the proposed facility; or

[2]

The proposed facility would interfere with the wireless communications of one or more existing occupants at the site, including the applicant.

(f)

Structures shall be removed within one year of cessation of use. Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute and required maintenance shall be filed with the Inspector of Buildings by the special permit holder.

(g)

Special provisions for a gap in wireless coverage. The Planning Board is authorized to issue a special permit for a wireless communications facility in accordance with this bylaw in districts where a wireless communications facility is otherwise prohibited under the Schedule of Principal Use Regulations[1] subject to the following terms and conditions:

[1]

The Planning Board, after public hearing and presentation of substantial evidence by the applicant, determines that a significant gap in wireless coverage exists in a portion of the Town; and that to disallow the location/construction/placement of a wireless communication facility within a zoning district where a wireless communication facility would not be permitted would be an effective prohibition of said use and a violation of Section 704 of the Federal Telecommunications Act of 1996.

[2]

An applicant for a significant gap in wireless coverage determination must submit such information as may be required, such as mapping of existing areas of coverage, maps depicting location of wireless coverage gaps, reports, affidavits and other supplemental narrative information from a suitably qualified radio frequency engineer(s) or other industry specialist to clearly demonstrate that a gap in coverage exists and there are no other suitable locations for the placement of a wireless communication tower to close the gap. The Planning Board may require an applicant for a gap in wireless coverage determination to pay the costs and expenses of an expert or other consultant deemed necessary by the Board to provide peer review and comment upon the application.

[3]

An application for a special permit relying upon a significant gap in wireless coverage determination shall comply with all applicable requirements of this Subsection G, Wireless communication towers, and § 230-5.5, Special permits, of the Mansfield Zoning Bylaw.

[1]

Editor's Note: The Schedule of Principal Use Regulations is included as an attachment to this chapter.

(3)

Application process. All applications for wireless communications facilities, antennas or satellite dishes shall be made and filed on the applicable application form in compliance with the Mansfield special permit application instructions. For an application to be considered complete, all the requirements identified in § 230-5.5, Special permits, must be submitted, in addition to the following requirements:

(a)

A locus plan at a scale of one inch equals 1,000 feet.

(b)

A color photograph or rendition of the proposed monopole with its antenna and/or panels. A rendition shall also be prepared illustrating a view of the monopole or antenna from the nearest street or streets.

(c)

The following information prepared by one or more professional engineers:

[1]

Description of the monopole and the technical, economic and other reasons for the proposed location, height and design.

[2]

Confirmation that the monopole complies with all applicable federal and state standards.

[3]

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

[4]

A complete set of construction documents showing the proposed method of installation.

[5]

A copy of the manufacturer's recommended installation instructions, if any.

[6]

A diagram to scale showing the location of the antenna, property and setback lines, easements, power lines, all structures and the distances from all residential zoning districts and the nearest residential structures.

(d)

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

(e)

The applicable review and advertising fees as may be amended.

(4)

Design guidelines. The following guidelines shall be used when preparing plans for the siting and construction of all wireless communication towers:

(a)

All monopoles shall be designed to be constructed at the minimum height necessary to accommodate the anticipated and future use. The setback of a monopole from the property line of the lot on which it is located and from the nearest existing monopole shall be at least equal to the height of the monopole.

(b)

No monopole, or attached accessory antenna on a monopole, shall exceed 90 feet in height as measured from ground level at the base of the pole. In order to encourage collocation of antennas or panels on monopoles, the height of a monopole may be increased by 10 feet for each collocation up to a maximum height of 150 feet. No monopole shall be constructed which requires guy wires. Monopoles shall not be located on buildings.

(c)

Antennas or dishes located on nonresidential buildings shall not exceed 12 feet in height above the roofline of the structure.

(d)

All wireless communications facilities shall be sited in such a manner that the view of the facility from adjacent abutters, residential neighbors and other areas of Town shall be as limited as possible. All monopoles shall be painted or otherwise colored so they will blend in with the landscape or the structure on which they are located. A different coloring scheme shall be used to blend the structure with the landscape below and above the tree or building line.

(e)

Antennas shall be situated on or attached to a structure in such a manner that they are screened, preferably not being visible from abutting streets. Antennas shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape. Landscaping shall be required to screen as much of the antenna support structure as possible, the fence surrounding the antenna support structure, and any other ground-level features (such as a building). Existing on-site vegetation shall be preserved to the maximum extent practicable. A combination of existing/native vegetation, natural topography, human-made features such as berms, walls, decorative fences and any other features can be used instead of landscaping if those features achieve the same degree of screening as the required landscaping.

(f)

Wireless communication towers shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.

[1]

The shared use of existing antenna support structures and approved antenna support structure sites shall be preferred to the construction of such new facilities. New monopoles must be constructed to support a minimum of two antenna arrays from two antenna system providers or users. The Planning Department shall maintain an inventory of its existing towers, including specific information about the location, height, and design of each tower. The Town may share such information with other persons, organizations or governmental authorities seeking to locate antennas within the Town.

[2]

An applicant for a new monopole structure shall submit a report inventorying existing nearby antenna support structures and antenna sites documenting why the existing structures cannot accommodate the applicant's antenna requirements. In the case of collocation associated with previous approvals under this bylaw, the pro-rata reimbursement to the initial applicant from the future provider shall not exceed 55% of the original cost for construction of the antenna support structure.

[3]

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

[a]

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

[b]

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

[c]

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment and cannot be reinforced to provide sufficient structural strength.

[d]

The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing towers or structures, or the antennas on the existing towers or structures would cause interference with the applicant's proposed antenna.

[e]

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs below new tower development are presumed reasonable.

[f]

Property owners or owners of existing towers or structures are unwilling to accommodate the applicant's needs.

[g]

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(g)

An applicant proposing a wireless communication tower shall prove to the satisfaction of the Board that the visual, economic and aesthetic impacts of the facility on residential abutters will be minimal. Further, the monopole shall be located a minimum of 500 feet from the nearest residential structure.

(h)

Fencing shall be provided to control access to wireless communications facilities and shall be compatible with the scenic character of the Town and shall not be of razor wire.

(i)

There shall be no signs, except for "no trespassing" signs and a required sign placed at the base of the pole giving the phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform with the Sign Bylaw (§ 230-4.7 of the Mansfield Zoning Bylaws).

(j)

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

(k)

There shall be a minimum of one parking space for each facility, to be used in connection with the maintenance of the site, and not to be used for the permanent storage of vehicles or other equipment.

(5)

Special permit review.

(a)

Applications for special permits shall be approved or approved with conditions if the petitioner can fulfill the requirements of this section and § 230-5.5 to the satisfaction of the Board.

(b)

Applications for special permits may be denied if the petitioner cannot fulfill or address the requirements of these regulations to the satisfaction of the Board.

(c)

When considering an application for a wireless communication tower, the Board shall place great emphasis on the proximity of the facility to residential dwellings and its impact on these residences. New facilities shall only be considered after a finding that existing (or previously approved) facilities cannot accommodate the proposed use(s).

(d)

When considering an application for an antenna or dish proposed to be placed on an existing structure, the Board shall place great emphasis on the visual impact of the unit from the abutting neighborhoods and street(s).

(6)

Small wireless facilities.

[Added 4-14-2020 ATM by Art. 27]

(1)

Purpose. The Town of Mansfield has established these aesthetic standards to govern access by wireless carriers, infrastructure companies or others for installation of small wireless facilities, as defined by the U.S. Federal Communications Commission, in the Town. These facilities are commonly called "small cells." The small cells and all associated equipment are referred to in this section as "small wireless facilities." These standards are intended to protect the aesthetic integrity of the Town and to ensure public safety.

(2)

General requirements.

(a)

No small wireless facility shall be erected or installed except in compliance with the provisions of this subsection. In all cases, a special permit is required from the Planning Board. Section 230-5.5, Special permits, of this bylaw shall apply to these applications; however, the application timeline [the "shot clock"] shall conform to that outlined in the FCC regulations. Any proposed extension in the height, addition of cells, antennas or panels, or construction of a new or replacement of a small wireless facility shall be subject to a new application for a special permit.

(b)

This bylaw does not govern access to poles or structures owned and controlled by the Mansfield Municipal Electric Department. For small wireless facilities to be located on MMED infrastructure, please refer to MMED "Technical Standards for Wireless Communications Attachments." For MMED poles, in the event that the standards of MMED exceed the requirements of this bylaw, the greater MMED standards apply.

(c)

For small wireless facility applications on poles not owned by the applicant, written permission of the owner, including MMED, is required separate and distinct from the requirements of this bylaw.

(3)

Application process. All applications for small wireless facilities shall be made and filed on the applicable application form in compliance with the Mansfield special permit application instructions. For an application to be considered complete, all requirements identified in § 230-5.5, Special permits, must be submitted, in addition to the following requirements:

(a)

A locus plan at a scale of one inch equals 1,000 feet.

(b)

A computer-generated image of the proposed small wireless facility with its antenna and/or panels. Renderings shall also be prepared illustrating a view of the small wireless facility from the nearest street or streets. Renderings shall be sketches, drawings and/or computer-generated imagery of a proposed small wireless facility in 2-D or 3-D perspective. Each rendering shall contain a front corner perspective depicting the facility, one side and one rear corner perspective depicting the rear corner of the facility and one other side.

(c)

The following information prepared by one or more professional engineers:

[1]

Description of the small wireless facility and the technical, economic and other reasons for the proposed location, height and design.

[2]

Confirmation that the small wireless facility complies with all applicable federal and state standards.

[3]

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

[4]

A complete set of construction documents showing the proposed method of installation.

[5]

A copy of the manufacturer's recommended installation instructions, if any.

[6]

A diagram to scale showing the location of the small wireless facility, property and setback lines, easements, power lines, all structures and the distances from all residential zoning districts and the nearest residential structures.

(d)

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

(e)

The Planning Board shall from time to time establish an application fee, an annual recording fee, and a requirement for the applicant to pay for necessary advertising, in accordance with federal law.

(4)

Design guidelines. Typical pole-mounted small cell equipment comprises:

(a)

Antennas on the upper part of pole. Height limit of antenna shall be 48 inches (four feet);

(b)

Radios, fiber terminations and other equipment located in enclosures or cabinets;

(c)

A power meter and power disconnect switch, usually located in two separate, smaller enclosures;

(d)

Power disconnect must be mounted outside areas that exceed RF exposure limits (per FCC).

(5)

General technical requirements and guidelines.

(a)

No new poles or structures shall be installed where poles do not currently exist, unless the applicant can demonstrate to the Town's satisfaction that there is no other option to provide service.

(b)

Small wireless facilities by a single provider should be installed with a minimum spacing of 200 feet in residential areas.

(c)

Stealth design elements shall be used to the extent feasible.

(d)

Tapered shapes that smoothly integrate into structures (avoiding, for example, new rectangular boxes) shall be used to the extent feasible.

(e)

The applicant shall minimize the size and aesthetic difference between a replacement structure and the original pole or structure.

(f)

Equipment in the public way must not violate any ADA requirements.

(g)

In all cases, the placement of small wireless facilities shall be consistent with existing structures and aesthetics, in harmony with the surroundings and as unobtrusive as possible.

(h)

In the event an applicant seeks to place a small wireless facility in a manner that does not comply with these standards, a variance from the Zoning Board of Appeals will be required.

(6)

Use of existing utility poles. MMED maintains sole authority over the access to and suitability of the MMED pole or other MMED structure for the use of small wireless facilities. If no such MMED poles are available, applicants should submit an application pursuant to this bylaw for making attachments on new or alternate poles or other structures. For MMED poles, in the event that the standards of MMED exceed the requirements of this bylaw, the greater MMED standards apply.

(7)

RF exposure. Applicant shall comply with all provisions and guidelines of FCC OET Bulletin 65 and Town regulations, as may be amended from time to time.

(8)

RF signage requirements: approved signage as may be required by the Select Board.

(9)

Cessation of use. Any special permit issued hereunder by the Planning Board shall contain conditions requiring that small wireless facilities installed pursuant to this bylaw shall be removed within one year of cessation of use.

§ 230-3.7 Classification of other uses.

Mixed business and residential use: In the Business 1 (B1), Business 2 (B2), Business 4 (B4) and Industrial 3 (I3) Districts, both nonresidential and residential uses are permitted on the same lot in conformance with § 230-4.2B.

[Amended 4-12-2016 ATM by Art. 27]

Adaptive reuse of historic structures.

(1)

Purpose and intent.

(a)

The purpose and intent of the Adaptive Reuse of Historic Structures Bylaw is to preserve Mansfield's cultural, architectural and historic built landscape, while allowing the reuse of vacant or underutilized nonresidential buildings in any zoning district for purposes other than those for which they were originally designed and built.

(b)

It is further the purpose and intent of this section of the Zoning Bylaw to provide standards and guidance for the revitalization and reuse of structures with 2,000 square feet or more of gross building area and which may require a mix of uses for successful reuse.

(c)

When considering an application for a special permit for adaptive reuse of an historic structure, the Planning Board will evaluate the historic and architectural significance of the building(s), the social legacy, impacts on the streetscape, efficient reuse of the site and existing infrastructure and adherence to sustainable development practices.

(2)

Applicability. Adaptive reuse of historic structures may be allowed in any zoning district by special permit granted by the Planning Board as special permit granting authority, subject to the following criteria:

(a)

An application for a special permit filed under the Adaptive Reuse of Historic Structures Bylaw shall include a mix of land uses; and

(b)

The structure shall contain a minimum of 2,000 square feet of gross building area; and

(c)

The primary use or activity for which the structure was constructed and/or used is no longer conducted within said structure; and

(d)

The structure must have been in existence and actively used prior to the adoption of the Mansfield Zoning Bylaw in February 1953; and

(e)

Approval of an adaptive reuse of historic structures development proposal shall be by a Planning Board special permit in accordance with the Mansfield Zoning Bylaw. In addition to the special permit requirements of § 230-5.5 of the Mansfield Zoning Bylaw, the following shall apply.

(3)

Submission requirements.

(a)

While the former and proposed uses may not be uses normally allowed within the underlying zoning district, the applicant shall adhere, as closely as possible, to the current zoning requirements for the zoning district in which structure is located.

(b)

Site lighting, landscaping, parking, field screening and buffering shall all be carefully and thoughtfully located to result in the minimum impact possible on abutting properties.

(c)

Parking shall be the total of the minimum number of off-street parking spaces required in § 230-4.4A, Off-Street Parking Schedule, for each use. If the proposed uses do not occur at the same time, parking spaces may be shared. If the use is not included in the Zoning Bylaw, the Planning Board may make a reasonable determination of whether the number of proposed spaces is ". . .adequate to provide off-street parking for the proposed use."

(d)

Plan sets submitted with an application shall include the following information in addition to that required pursuant to Zoning Bylaw § 230-5.5:

[1]

Existing conditions;

[2]

Proposed alterations, site and building(s);

[3]

Building elevations, front, side, rear, building exterior lighting;

[4]

Signage;

[5]

Parking, lighting, landscaping;

[6]

Drainage plans, details and calculations.

(e)

Narrative shall include the following information (also see Zoning Bylaw § 230-5.5):

[1]

Proposal overview;

[2]

Proposal impacts:

[a]

Traffic: traffic study;

[b]

Noise: new uses, etc.;

[c]

Fiscal impacts relating to public safety, DPW and education;

[d]

Impacts to utilities: water, wastewater, electricity;

[e]

Impacts to the environment.

[3]

Mitigation: impacts of all items from Subsection B(3)(e)[2] above;

[4]

Benefits of adaptive reuse of the project through increases in:

Building value;

Jobs;

Public safety;

Housing opportunity;

Built environment;

Preservation/Conservation of:

[i]

Historic site/façade/streetscape;

[ii]

Efficient use of site and existing infrastructure;

[iii]

Adherence to sustainable development principles.

[5]

Calculation of cost/benefit analysis;

[6]

Fee: a submission fee in accordance with the Zoning Bylaw fee schedule.

(4)

Application and permitting process.

(a)

Applicants are encouraged to meet and discuss their development proposal with staff prior to filing any applications.

(b)

Applicants should review all submission requirements prior to filing. Incomplete applications will not be accepted for filing.

(c)

Prior to submission to the Planning Board for public hearing, plans shall be distributed to staff for review and written comment. A staff meeting shall be held with the development team to review and discuss staff comment and discuss plan revisions, as may be necessary.

(5)

Planning Board public hearing.

(a)

The Planning Board shall hold a public hearing in accordance with MGL c. 40A, §§ 9, 11 and 15.

(b)

The required time limits for a public hearing and action on the application may be extended by written agreement between the applicant and the Planning Board as special permit granting authority. The written agreement shall be filed with the Town Clerk’s office.

(6)

Vote.

(a)

When such time is reached that all relevant information has been shared with the Planning Board and enough material has been submitted to render a fully informed decision, the Planning Board shall put the special permit for an adaptive reuse development proposal to a vote;

(b)

Approval of the special permit shall require affirmative votes by five of the seven members of the Planning Board, with each member voting individually;

(c)

The standards for the grant of a special permit are found in this Subsection B and in § 230-5.5, Special permits, Subsection F.

§ 230-3.8 Accessory uses.

Yards and coverage.

(1)

A detached accessory building may be erected in the rear yard area at least 10 feet from the principal building and at least five feet from any side or rear lot line, and in conformance with the front yard requirement of the district in which it is located. An accessory building attached to its principal building shall be considered an integral part thereof and as such shall be subject to the front, side and rear yard requirements applicable to the principal building.

(2)

A detached accessory building may cover as much as 25% of the rear yard area required for the principal building.

(3)

A permit for the use of a home trailer may be granted immediately (bypassing the three-week waiting period) upon request by any family whose home has been destroyed and/or badly damaged by fire and/or rendered unfit to be occupied for the duration of restoration and/or complete construction for a maximum limit of one year, renewable at the discretion of the granting authority.

Garages. A garage or storage space for private motor vehicles, attached (an integral part of the structure) or detached (an accessory building), shall be considered as an accessory building and may provide space as follows:

(1)

For Residence 2 and 3 Districts and for dwellings in any Business District, for as many as three cars, subject to the provisions of Subsection A(1) and (2) of this section.

(2)

For Residence 1 Districts, for as many as three cars and for necessary farm equipment, subject to the provisions of Subsection A(1) and (2) of this section.

§ 230-3.9 Accessory apartments as special permit use.

The special permit granting authority shall not issue a special building permit for a newly created accessory apartment in a detached, one-family dwelling unless the following conditions and requirements are met:

The owner of the dwelling in which the accessory apartment is created shall occupy either of the dwelling units in the structure. For the purposes of this section, the "owner" shall hold title to the dwelling, and for whom the dwelling is the primary residence for voting and tax purposes.

[Amended 4-14-2020 ATM by Art. 29]

There shall be no more than one accessory apartment within a one-family dwelling.

There shall be no additional boarders or lodgers within either unit of a dwelling with an accessory apartment.

The gross floor area of the dwelling shall have been at least 2,000 square feet as of January 1, 1989, which amount shall be verified in the records of the Building Inspector or Board of Assessors.

The maximum gross floor area of the accessory apartment shall not exceed 40% of the gross floor area of the dwelling as of January 1, 1989.

There shall not be more than one bedroom in an accessory apartment.

Where the structure is not connected to the public water and/or sanitary sewer systems, the applicant shall obtain a positive recommendation from the Board of Health.

The accessory apartment shall be designed so that the appearance of the structure remains that of a one-family dwelling, subject further to the following conditions and requirements:

(1)

All stairways to second and third stories shall be enclosed within the exterior walls of the dwelling, with the exception of an open staircase which may be permitted at the rear of the building when, in the opinion of the Planning Board, such an open staircase does not detract from the single-family character of the building.

(2)

There shall be no enlargements or extensions of the dwelling in connection with any accessory apartment except for minimal additions necessary to comply with building, safety or health codes, or for enclosure of an entryway, or for enclosure of a stairway to a second or third story, or the addition of a deck or porch, which may be permitted at the rear of the building when, in the opinion of the Planning Board, such a deck or porch does not detract from the single-family character of the building.

Parking.

(1)

Each parking space and the driveway leading thereto shall be paved or shall have an all-weather gravel surface. No motor vehicles shall be regularly parked on the premises other than in such a parking space.

(2)

All parking spaces shall be either:

(a)

Outdoor parking spaces located in a side or rear yard; or

(b)

In a garage or carport.

(3)

There shall be no more than four outdoor parking spaces on the lot.

(4)

No parking space shall be located within the boundary of a street right-of-way.

(5)

Where there are more than two outdoor parking spaces, they shall be screened with evergreen or dense deciduous plantings, walls, fence, or a combination thereof. Screening shall be sufficient to minimize the visual impact on abutters and to maintain the single-family appearance of the neighborhood.

§ 230-3.10 Nonconforming uses.

A nonconforming use is the use of any building or land lawfully occupied at the time of the adoption of this bylaw which does not conform to the requirements of the district in which it is located.

Any building, part of a building, or land which at the time of the adoption of this bylaw is being put to a nonconforming use may be:

(1)

Continued in that use, provided such use has not been abandoned for a period of one year.

(2)

Changed, extended or altered.

(a)

In all districts, the change, extension or alteration of a preexisting nonconforming structure or use may be allowed when authorized to do so by the Zoning Board of Appeals in accordance with the provisions of § 230-7.2, Board of Appeals, after a public hearing; provided, however, that such change, extension, or alteration does not create a new noncompliance with any other use or dimensional requirement of this bylaw.

(b)

Change, extension, or alteration of a nonconforming residential structure may be permitted after a finding in accordance with § 230-7.2, Board of Appeals, Subsection B(4), Findings.

(c)

Any change, extension, alteration, or reconstruction to a preexisting, nonconforming single- or two-family residential structure shall not be considered an increase in the nonconforming nature of the structure and shall be permitted by right under the following circumstances:

[1]

For the normal repair or replacement of parts of said structure;

[2]

When the change, extension, alteration, or reconstruction will also comply with all applicable sections of the Zoning Bylaw in effect at the time of the application for a building permit, if the existing structure is located on a lot which is nonconforming as the result of a previous zoning change;

[3]

When the change, extension, alteration, or reconstruction will comply with all applicable sections of the Zoning Bylaw in effect at the time of the application for a building permit, including, but not limited to, setbacks, yard and building coverage, and height requirements. In cases where the applicant seeks to increase the height of a structure that encroaches on a required setback, where any increase in height will occur within such encroachment, there shall be no change, extension, alteration, or reconstruction as of right under this section, and Subsection B(2)(b) shall apply.

(3)

Changed to a similar use or to a more restricted use, provided that when changed it shall not be returned to a less restricted use.

(4)

Rebuilt or restored at the same location and again used as previously in the case of a building destroyed or damaged by fire, explosion or other catastrophe, provided that said owner shall apply for a building permit and start operations for restoring or rebuilding on said premises within 12 months after such catastrophe; and further provided that the buildings as restored shall be only as great in volume or area as the original nonconforming structure, unless relief has been granted in accordance with § 230-7.2B.

§ 230-3.11 Prohibited uses.

All other uses which, based on the opinion of public safety officials as well as appropriate Town boards and committees, may be hazardous or injurious to the community or to properties in the vicinity are expressly prohibited in all zoning districts in the Town as are all uses not specifically permitted by this bylaw.